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

Vol. 151 WASHINGTON, SATURDAY, DECEMBER 17, 2005 No. 163 House of Representatives The House met at 2 p.m. The Lord draws near. Prepare the ward and lead the House in the Pledge The Chaplain, the Reverend Daniel P. way for the Lord, for He comes. Pre- of Allegiance. Coughlin, offered the following prayer: pare your people to meet the Lord your Mr. HASTINGS of Florida led the The Lord draws near. Come, let us God. Amen. Pledge of Allegiance as follows: worship. My brothers and sisters, know that f I pledge allegiance to the Flag of the the Lord desires to be close to you. You THE JOURNAL United States of America, and to the Repub- have prayed, ‘‘Thy kingdom come!’’ lic for which it stands, one nation under God, Let the Lord’s justice now guide all The SPEAKER. The Chair has exam- indivisible, with liberty and justice for all. your judgments. Let the Lord’s peace ined the Journal of the last day’s pro- penetrate your hearts. The Lord God ceedings and announces to the House f Himself will come and establish a new his approval thereof. Pursuant to clause 1, rule I, the Jour- beginning in our humanity. MESSAGE FROM THE SENATE In you and through you, the Lord nal stands approved. will lead people to true freedom. f A message from the Senate by Ms. Love the Lord with all your heart Curtis, one of its clerks, announced and with all your strength; then from PLEDGE OF ALLEGIANCE that the Senate has passed without within you, the Lord will rebuild the The SPEAKER. Will the gentleman amendment a bill of the House of the Nation. from Florida (Mr. HASTINGS) come for- following title:

NOTICE If the 109th Congress, 1st Session, adjourns sine die on or before December 20, 2005, a final issue of the Congres- sional Record for the 109th Congress, 1st Session, will be published on Friday, December 30, 2005, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 29. The final issue will be dated Friday, December 30, 2005, and will be delivered on Tuesday, January 3, 2006. Both offices will be closed Monday, December 26, 2005. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

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 01:32 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.000 H17DEPT1 H12054 CONGRESSIONAL RECORD — HOUSE December 17, 2005 H.R. 4195. An act to authorize early repay- This marks the first time in history not slipped in behind closed doors into ment of obligations to Bureau of Reclama- that a team from ASU has won a na- this large bill. I urge my colleagues to tion within Rogue River Valley Irrigation tional championship. This champion- reject this liability immunity. District. ship culminates a tremendous year of f The message also announced that the Mountaineer football that saw the Senate has passed bills on the fol- team finish the season 8–3, winning the CONGRATULATING DIVISION I–AA lowing titles in which the concurrence Southern Conference championship be- NATIONAL CHAMPION APPA- of the House is requested. fore winning four playoff games, in- LACHIAN STATE MOUNTAINEERS S. 310. An act to direct the Secretary of the cluding last night’s national champion- (Mr. COBLE asked and was given per- Interior to convey the Newlands Project ship game. mission to address the House for 1 Headquarters and Maintenance Yard Facility Mr. Speaker, I am proud of this foot- minute and to revise and extend his re- to the Truckee-Carson Irrigation District in ball team and their coach, not just for marks.) the State of Nevada. winning a national championship but S. 435. An act to amend the Wild and Sce- Mr. COBLE. Mr. Speaker, the frigid for the character and teamwork they unforgiving winds that normally blow nic Rivers Act to designate a segment of the display. Farmington River and Salmon Brook in the across the Blue Ridge Mountains dur- The Mountaineers have excelled State of Connecticut for study for potential ing the months of winter are blowing under the leadership of Coach Jerry addition to the National Wild and Scenic less brutally and less severely today. Moore, the winningest coach in the his- Rivers System, and for other purposes. For on this day, these winds sweep tory of the Southern Conference. He S. 648. An act to amend the Reclamation across the campus of Appalachian States Emergency Drought Relief Act of 1991 has a talented staff, including Coach to extend the authority for drought assist- Lonnie Galloway, the son-in-law of our State University, home of the National ance. colleague from North Carolina, Robin I–AA champions of intercollegiate foot- S. 1025. An act to amend the Act entitled Hayes. ball. ‘‘An Act to provide for the construction of I wish my duties in Washington did I attended Appalachian State, Mr. the Cheney division, Wichita Federal rec- not prevent me from being in Chat- Speaker, and I know I speak for many lamation project, Kansas, and for other pur- in the Congress and many congres- poses’’ to authorize the Equus Beds Division tanooga last night with so many Appa- lachian students, alumni, and sup- sional staffers as well in conveying of the Wichita Project. hearty congratulations and best wishes S. 1096. An act to amend the Wild and Sce- porters. I would have liked to have nic Rivers Act to designate portions of the seen first hand the crushing defense in to Chancellor Peacock, Coach Moore, Musconetcong River in the State of New Jer- the fourth quarter, led by Jason Hunter and the entire Appalachian commu- sey as a component of the National Wild and and Marques Murrell. I wish I could nity. Scenic Rivers System, and for other pur- have been there to witness in person Mr. Speaker, I join you in enthu- poses. the courage of quarterback Richie Wil- siastically declaring, Go Mountaineers S. 1165. An act to provide for the expansion liams, who played through a painful from Appalachian State. of the James Campbell National Wildlife Ref- uge, Honolulu County, Hawaii. ankle injury suffered last week in the f semi-final game against Furman. S. 1496. An act to direct the Secretary of CHRISTMAS GIFTS FOR THE the Interior to conduct a pilot program Please join me in congratulating the under which up to 15 States may issue elec- Appalachian State University football WEALTHY tronic Federal migratory bird hunting team. I am proud of my long history (Mr. DEFAZIO asked and was given stamps. with ASU. I am proud to represent this permission to address the House for 1 S. 1552. An act to amend Public Law 97–435 fine university in Congress. Go Moun- minute.) to extend the authorization for the Sec- taineers. Mr. DEFAZIO. Mr. Speaker, well, the retary of the Interior to release certain con- The SPEAKER pro tempore (Mr. ditions contained in a patent concerning cer- Christmas tree is lit and decorated on HAYES). The Chair thanks the gentle- tain land conveyed by the United States to the west front of the Capitol; but Eastern Washington University until Decem- woman. meanwhile here in the House Chamber, ber 31, 2009. f the Republican elves are toiling on the S. 1578. An act to reauthorize the Upper LIABILITY IMMUNITY FOR BIG gifts to be put under the tree for the Colorado and San Juan River Basin endan- PHARMA American people. gered fish recovery implementation pro- For the wealthiest, the investors who (Mr. KUCINICH asked and was given grams. earn over $300,000 a year, fabulous gifts, S. 1869. An act to reauthorize the Coastal permission to address the House for 1 huge new extensions of tax cuts. Unfor- Barrier Resources Act, and for other pur- minute and to revise and extend his re- tunately for seniors, working families, poses. marks.) and the poor, there is nothing but a box f Mr. KUCINICH. Wake up, America. In addition to giving away the Alaska Na- of rhetoric. They even have to forego ANNOUNCEMENT BY THE SPEAKER tional Wildlife Refuge to the oil com- the usual lump of coal because it is too The SPEAKER. The Chair will recog- panies, the Defense appropriations bill expensive with the Bush failed energy nize up to seven Members on each side is rumored to contain a massive holi- policy. for 1-minute speeches. day gift to the pharmaceutical indus- Even worse, the tax cut for the wealthiest among us, those who earn f try in the form of liability immunity for pandemic vaccines. The liability is over $300,000 a year, will be paid for by CONGRATULATING APPALACHIAN not the reason for vaccine shortages, cuts in student financial, food and nu- STATE UNIVERSITY FOOTBALL especially in the case of avian flu. trition assistance, school lunches, Med- TEAM This giveaway will not result in in- icaid care for poor people. The list kind (Ms. FOXX asked and was given per- creased vaccine production. Why does of goes on and on. Merry Christmas. mission to address the House for 1 Big Pharma want these liability ex- f minute.) emptions? Because there is reason to Ms. FOXX. Mr. Speaker, I rise today doubt the safety of at least one of these WE CAN HAVE BOTH FREEDOM to ask my colleagues to join me in rec- vaccines. Chiron, the same company AND SECURITY ognizing and congratulating the 2005 which allowed contamination of half of (Mr. POE asked and was given per- NCAA Division I–AA Football National last year’s flu vaccine supply, is hoping mission to address the House for 1 Champions, Appalachian State Univer- to use MF59 in an avian flu vaccine. minute.) sity. MF59 is a compound that contains Mr. POE. Mr. Speaker, history has This courageous and athletic group squalene, which is on the short list of shown that free peoples are willing to of students, along with their coaches potential causes for the chronic debili- give up civil liberties or freedom in the and support staff from Boone, North tating illnesses experienced by our vet- name of security. Our forefathers knew Carolina, defeated the University of erans of the first Persian Gulf war. this, so our Constitution protects us Northern Iowa last night in Chat- At a minimum, this issue must be de- from government taking rights in the tanooga, Tennessee, by a score of 21–16. bated in front of the American people, name of security.

VerDate Aug 31 2005 01:32 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.001 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12055 Mr. Speaker, people have rights. Gov- Throughout the world, people were Tuesday, sometime in the next few ernment has no rights. Government waking up to the great news about days, and this House, again, has failed has power and it obtains it when we Iraq’s most recent democratic victory. to increase the minimum wage. forfeit our rights to the government. In USA Today discussed the inspiring There are large numbers of people in this time of terrorism, our government turnout in Iraq, while even Knight this country, people with children, uses high-tech surveillance to capture Ridder declared that high voter turn- often single mothers, sometimes, not them. This is good. But the fourth out in Iraq promises fully representa- usually, adults in their 20s and 30s and amendment states: ‘‘The right of peo- tive parliament. 40s who make $5.15 an hour. The Senate ple to be secure from unreasonable The National Review reported that finally increased the minimum wage. searches and seizures shall not be vio- U.S. troops describe a festive atmos- The House is going to go home some- lated.’’ phere across Iraq. The Los Angeles time in the next few days having failed It is the duty of the judiciary, not Times wrote that the ballot box is the to even bring up to a vote an increase this body, not even the executive new battle ground. The Boston Globe in the minimum wage. branch, to protect those rights and re- described how, for one Sunni family, Since this House floor session began view searches. casting ballots was an act of resist- about 16 minutes ago, in that time, a When I was a judge in Texas, I signed ance. minimum wage worker would have hundreds of warrants. I was even the I was particularly pleased to learn earned about $1.10 or $1.15. A CEO of a State wiretap judge, and I found that that the BBC reported the Iraqi vote Fortune 500 company in this same 16 warrants make better police officers met global standards. From New York minutes would have earned about and they make better criminal cases. to London, the mainstream media fi- $1,500. Mr. Speaker, we can do a lot bet- In this post-9/11 era, we cannot allow nally recognized and reported the clear ter in this body than we have done this our zeal to be safe to get in the way of successes of the election which deliv- year. judicial review of search warrants and ered a devastating blow to terrorists f wiretaps while continuing to provide and ultimately helped protect Amer- tools for law enforcement to capture GREAT AND HEARTWARMING ican families. those terrorists. You see, Mr. Speaker, NEWS FROM IRAQ In conclusion, God bless our troops, we can have it both ways. We can be (Mr. HAYES asked and was given and we will never forget September 11. safe and secure and maintain our civil permission to address the House for 1 rights as a free people. That’s just the f minute and to revise and extend his re- way it is. STOP THE MEDICARE INSANITY marks.) Mr. HAYES. Mr. Speaker, great and f (Mr. PRICE of Georgia asked and was heartwarming news from Iraq. MEDICARE INFORMED CHOICE ACT given permission to address the House Early this morning, I received an e- (Mr. LIPINSKI asked and was given for 1 minute.) mail from a soldier serving in Iraq permission to address the House for 1 Mr. PRICE of Georgia. Mr. Speaker, which provides one small example of minute.) very few decisions are more personal or how democracy is progressing in Iraq Mr. LIPINSKI. Mr. Speaker, there is important than health care decisions. and how our troops along with the one issue of great concern that I hear And when Washington gets involved in Iraqi security forces are making a dif- about over and over again when I am health care, especially in Medicare, ference. back home, the needlessly complicated government must put patients first. He wrote: ‘‘The highlight of my day, Medicare prescription drug program. Decisions already made, if not Election Day, was in south Baghdad, Seniors are confused and frustrated changed, will result in 38 percent of the where there were no polling stations in as they attempt to study 60 plans in doctors seeing fewer Medicare patients, January 2005 and where many Sunnis order to first decide whether to join half of physicians less likely to partici- did not vote in October 2005. I watched and then to choose a plan to sign up pate in Medicare Advantage and a third as two affluent local sheiks walked for. Many are simply giving up. of the doctors no longer visiting nurs- into the polling station together hold- I have already held half a dozen in- ing homes. ing hands, which is a huge sign of re- formational seminars on the program Unless Congress acts, the ability for spect here. What was moving about and every session has been packed. seniors to access quality medical care this was one sheik was Shia, the other There is clearly a problem. will get worse. Sunni. They told me how much they Congress could and should make the The way our government pays doc- appreciated what the United States progress better, more affordable, and tors for taking care of our parents and had done for them and that they could less confusing by allowing Medicare to our grandparents through Medicare is never repay us. The Sunni said, ‘We are negotiate prices with drug companies. unbelievably broken. Physicians will tired of violence and the fighting that But the very least that Congress must be subjected to a 26 percent pay cut destroys our people and our country; do is pass a Medicare Informed Choice over the next 5 years, and an official of that they would work to make the U.S. Act which would delay the enrollment the government agency in charge of proud and that the sacrifices of Amer- penalty, prevent beneficiaries from los- Medicare said they will cut doctors pay ican soldiers is respected and appre- ing their employer-based coverage, and until they stop seeing Medicare pa- ciated.’’’ allow seniors to switch plans if they tients and then they might fix it. God bless our troops. make a mistake. Mr. Speaker, then will be too late. f Given the current confusion, it is es- Americans deserve better from their CIVIL LIBERTIES sential that we allow beneficiaries to representatives. Those who care for all take their time, check the facts, and of us are being driven out of business (Mr. FARR asked and was given per- know their options without being by a government that cares more about mission to address the House for 1 rushed to choose. We owe no less to our money than health. Let’s stop this in- minute and to revise and extend his re- seniors. sanity. marks.) f Mr. FARR. Mr. Speaker, while we are f locked up here today, I would like to IRAQ’S DEMOCRATIC VICTORY b 1415 wish my wife Sherry a very happy (Mr. WILSON of South Carolina birthday. This week, I have been tell- asked and was given permission to ad- RAISING THE MINIMUM WAGE ing her, has been a real doozy for civil dress the House for 1 minute and to re- (Mr. BROWN of Ohio asked and was liberties. vise and extend his remarks.) given permission to address the House We learned that both the Pentagon Mr. WILSON of South Carolina. Mr. for 1 minute and to revise and extend and the National Security Agency have Speaker, yesterday’s New York Times his remarks.) been spying on thousands of innocent proclaims loudly that ‘‘Iraqis, Includ- Mr. BROWN of Ohio. Mr. Speaker, Americans. Apparently, the NSA was ing Sunnis, Voted in Large Numbers’’ Congress is about to go home in a few doing it at the direction of President during Thursday’s historic elections. days either today, tomorrow, Monday, Bush.

VerDate Aug 31 2005 01:32 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.003 H17DEPT1 H12056 CONGRESSIONAL RECORD — HOUSE December 17, 2005 I was shocked to learn that one of and holding him under the water for a cember 17, 2005, for the Speaker to entertain those documented instances of the Pen- little bit to make him tell us what he motions that the House suspend the rules re- tagon domestic spying happened in my is going to do or if he is going to cut lating to the following measures: district. somebody’s head off that is an innocent (1) The bill (H.R. 4519) to amend the Public Health Service Act to extend funding for the A student protest against military civilian, or go into a school and blow operation of State high risk health insurance recruiters at the University of Cali- up a bunch of kids is not what I call pools. fornia at Santa Cruz, which occurred terrible. We are not pulling out their (2) The bill (H.R. 2520) to provide for the this past April, was not only observed fingernails or cutting off their heads. collection and maintenance of human cord for suspicious activity, but the We need to put pressure on them to tell blood stem cells for the treatment of pa- ‘‘threat’’ was declared ‘‘credible.’’ us what’s going on so we can save tients and research, and to amend the Public I cannot condemn these actions Americans and American troops. Health Service Act to authorize the C. W. strongly enough. Using government This is a war. It is not a tea party. Bill Young Cell Transplantation Program. (3) The bill (H.R. 4568) to improve pro- time and money to spy on people exer- And we need to win it. The President is ficiency testing of clinical laboratories. cising their constitutional freedoms is doing the right thing, and we need to (4) The bill (H.R. 3402) to authorize appro- just ridiculous. support him. God bless President Bush. priations for the Department of Justice for I have already signed on to two let- f fiscal years 2006 through 2009, and for other ters about these violations of privacy, purposes. calling on the NSA to fully explain the FUNDING FOR SCHOOL DISTRICTS (5) The bill (H.R. 4579) to amend title I of constitutionality of their surveillances AFTER HURRICANES the Employee Retirement Income Security and calling on the Department of De- (Ms. JACKSON-LEE of Texas asked Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code fense and the Department of Justice to and was given permission to address the House for 1 minute and to revise of 1986 to extend by one year provisions re- investigate NSA’s actions. quiring parity in the application of certain As Members of Congress, we must be and extend her remarks.) limits to mental health benefits. diligent in our oversight of the Pen- Ms. JACKSON-LEE of Texas. Mr. (6) The bill (H.R. 4525) to temporarily ex- tagon, but our job is next to impossible Speaker, we have all appreciated the tend the programs under the Higher Edu- when the administration hides behind great charitable spirit of Americans as cation Act of 1965, and for other purposes. the cloak of national security to they welcomed into their homes and (7) The conference report to accompany the thwart the civil liberties of many into their neighborhoods and into their bill (S. 1281) to reauthorize the human space Americans, as they have done with the States the victims of Hurricane flight, aeronautics, and science programs of Katrina and Rita and Wilma. But this the National Aeronautics and Space Admin- Pentagon surveillance program. istration, and for other purposes. The Pentagon must come forward appropriations bill that is making its (8) The conference report to accompany the with an explanation about why they way through the House and the Senate bill (S. 467) to extend the applicability of the were spying on the UCSC rally. is crucial for survival of many of our Terrorism Risk Insurance Act of 2002. The right to express differing opin- school districts around the Nation. (9) A joint resolution making further con- ions was one of the founding principles Let me cite my colleagues a par- tinuing appropriations for the fiscal year of this country. ticular figure for Houston Independent 2006, and for other purposes. The voices of the American people School District. We are now paying The SPEAKER pro tempore (Mr. must always be heard, whether this $186,000 a day for the additional MCHUGH). The gentleman from Texas admistration agrees with them or not. Katrina students who are in our school (Mr. SESSIONS) is recognized for 1 hour. It is hypocritical for us to urge trans- districts. We welcome them, but we Mr. SESSIONS. Mr. Speaker, for the parency in foreign governments while cannot pay this burden alone. This is purpose of debate only, I yield the cus- ignoring what our own government is costing our school district an addi- tomary 30 minutes to the gentleman doing in violation of its citizens’ civil tional $30 million, and so far, we have from Florida (Mr. HASTINGS), my liberties. been reimbursed by the Federal Gov- friend, pending which I yield myself f ernment $164,000. My friends, $30 mil- such time as I may consume. During lion, $186,000 a day, and all we have re- consideration of this resolution, all WE SHOULD BE SUPPORTING ceived is $164,000. In addition, we have time yielded is for the purpose of de- PRESIDENT BUSH got $300 million on hold, that the bate only. (Mr. BURTON Indiana asked and was school district has not received. Mr. Speaker, this resolution provides given permission to address the House We need this appropriations bill to be that certain specified measures may be for 1 minute.) fully funded. We need the tax cuts to be considered under suspension of the Mr. BURTON of Indiana. Mr. Speak- put aside. We need FEMA to be able to rules at any time on the legislative day er, the liberal media and my liberal do its job for those who are still wait- of Saturday, December 17, 2005. colleagues are attacking the President ing, languishing in shelters and need- Mr. Speaker, the Republican leader- for protecting America. The wiretaps ing homes, languishing in tents and ship of this House has set forth a posi- that he has ordered are legal, and he needing trailers. We need this system tive legislative agenda for the remain- informed the Intelligence Committees to work on behalf of the working peo- der of this week and the balance of the 12 times about them. ple of America and those who are in first session of the 109th Congress. The What are we going to do? Are we need. goal of this plan is to address a number going to wait around until terrorists Americans have opened their hearts of outstanding issues remaining on attack us and then say we ought to and pocketbooks to those in need. The Congress’s calendar before we adjourn check what they are saying on the tele- Federal Government, the greatest safe- that maintain our commitment to im- phone to their al Qaeda buddies? ty net that all of the people have, proving America’s economy and na- The fact of the matter is the Presi- needs to do its job and do it now. tional security. dent is defending the United States of f Over the past year, we have passed a America, and we should be supporting number of important new education, him. PROVIDING FOR CONSIDERATION health care, tax, trade and national se- The PATRIOT Act, which is being OF MOTIONS TO SUSPEND THE curity bills that will keep Americans stuck in the Senate, needs to be passed. RULES safer and healthier, create new jobs We need to get these guys and stop Mr. SESSIONS. Mr. Speaker, by di- and improve our economy. This rule them before they attack buildings in rection of the Committee on Rules, I will allow the House to consider a num- New York or Indianapolis or California call up House Resolution 623 and ask ber of additional bills today under sus- or Washington, D.C., and the President for its immediate consideration. pension of the rules that will ensure wants to do that. That is why the PA- The Clerk read the resolution, as fol- that Congress can complete some addi- TRIOT Act is so important. lows: tional important work before we ad- Let’s talk about torture. Putting a H. RES. 623 journ for the holidays. guy on a water board who is about to Resolved, That it shall be in order at any This rule makes in order the consid- blow up a bunch of soldiers in Baghdad time on the legislative day of Saturday, De- eration of nine bills under suspension

VerDate Aug 31 2005 01:32 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.034 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12057 of the rules. These bills accomplish the rules, since we learned yesterday Mr. HASTINGS of Florida. Mr. necessary and noncontroversial goals, that the President has suspended the Speaker, I am pleased to yield 21⁄2 min- such as extending funding for the oper- law regarding spying on American citi- utes to the distinguished gentleman, ation of State high-risk health insur- zens. I heard one of our colleagues ear- my good friend from Massachusetts ance pools, providing for collection of lier say that it was the law. I would re- (Mr. FRANK). human cord blood stem cells for med- mind him that this House has passed Mr. FRANK of Massachusetts. Mr. ical treatment and research, and im- no such measure permitting spying on Speaker, I have to say I was struck by proving the proficiency testing of clin- American citizens, even babies know the gentleman from Texas crediting his ical laboratories. that. fellow Republicans for showing up. Be- The suspension authority will also Mr. Speaker, as my colleague has al- cause if it were not for the combina- allow us to consideration legislation to ready noted, this rule will permit the tion of institutional incompetence and authorize appropriations for the De- House to consider nine pieces of legis- ideological extremism that dominates partment of Justice, improve medical lation under suspension of the rules. the Republican Party, none of us would benefits for patients, extend important While I will not oppose this rule and in- have had to be here. So I guess we all educational programs and help NASA tend to support the nine bills to which deserve recognition as victims of that. to continue its human space flight, aer- the rule applies, and I say that advised- I actually think this motion should onautics and science programs. ly, taking into consideration the gen- have been retitled. It should have been Perhaps most notably, it provides for tleman from Wisconsin (Mr. OBEY), my called Subversion of the Rules, not consideration of the conference report distinguished colleague, who will ex- Suspension of the Rules, because that to extend the applicability of the Ter- plain in detail the circumstances re- is what is happening. We are being at rorism Risk Insurance Act. Extending garding Labor-HHS and the drastic im- almost gunpoint, the metaphorical, TRIA is a goal upon which I have plications for the finances of certain parliamentary equivalent of gunpoint, worked very closely with my friends agencies. being asked to debate under very re- and fellow House conferees, Chairman I am deeply concerned that the House strictive measures bills that deserve MIKE OXLEY and Chairman RICHARD is again operating outside the bound- more. Let me talk about one, the terrorism BAKER, and I commend them for their aries of regular order. hard work in preparing this bill for risk insurance. I think it is an impor- b 1430 tant bill, and I agree substantively President Bush’s signature. This legislation represents a fiscally For the last year, my friends in the with what the gentleman from Texas responsible response to the threats Republican leadership have consist- said. Unfortunately, the right wingers that acts of terrorism pose to the ently convened the House a mere 3 who dominate this administration and much of the congressional leadership in American economy. It also includes days a week, occasionally 4. They have both Houses do not agree. They tried to important taxpayer protections and regularly sent Members home earlier kill this thing, until finally, at the will ensure that this important pro- than anyone else in this country gets overwhelming insistence of people who gram does not expire and leave the off work. Sure, I certainly, and I be- are involved in the economy of this marketplace for terrorism insurance in lieve all of us, appreciate going home a country said that that would be irre- uncertainty. few hours earlier during the week. But sponsible, they did the next best thing. After the tragedy of September 11, forgive me, Mr. Speaker, if I am not They have forced us to deal with it in the marketplace for terrorism insur- the most sympathetic Member when the leadership cries legislative crisis a constricted and inappropriate way. ance largely disappeared. This lack of We did take it up in the House, and terrorism coverage terminated or de- time and time again over situations that it created. we had a full markup in our com- layed billions of dollars in commercial mittee, and we voted on it on the floor. property financing, threatening busi- There is a better way to run this body, and the Republicans continue to In the Senate, and let us praise the ness operations and development and rule change that now allows us to tell job creation and our overall economy. show that they are incapable of leading the House in an efficient and regular the truth about what goes on in the TRIA has proven its ability to sta- Senate, the Senate passed a very re- bilize the market, and it will continue manner. Mr. Speaker, I reserve the balance of stricted version of this. The Senate to provide essential protection for busi- chairman of the banking committee my time. nesses of all sizes in our country. I urge then refused to appoint conferees. Mr. SESSIONS. Mr. Speaker, I, like my colleagues to take the opportunity Interestingly, we are going to have to my wonderful colleague, Mr. HASTINGS, later today to follow up on this pro- amend this rule, because the rule, rea- am here doing the work of the Amer- gram’s successful record and to reau- sonably, said let us take up on suspen- thorize TRIA so that the program does ican people. We are proud of what we sion the conference report on TRIA. not lapse and hurt businesses and pol- are doing. It is just 1 week before And then the Rules Committee had to icyholders around this great Nation. Christmas, and we have a lot of work be reminded that there is no conference Like TRIA, all of the bills scheduled left to do. That is why we are here. We report on TRIA, because the Repub- for consideration by the Republican are here to work. lican Senate chairman, knowing that House leadership on behalf of all Amer- There are a number of my colleagues he would have been outvoted in the icans enjoy broad support from Mem- who showed up for work today prepared conference, refused to allow one and, bers of both the majority and the mi- and ready. We know they miss their instead, individually dictated what nority parties. This rule simply pro- family and friends. NATHAN DEAL of would be in it. vides us with the tools needed to en- Georgia, TOM PRICE of Georgia, and So we are going to have to amend it, sure that all of the important work is JOHN SHIMKUS of Illinois are just an ex- because if we had a vote on a con- completed before we adjourn to our ample of three Members of Congress ference report on TRIA, we would have families and communities to celebrate who, even on a weekend and even a no TRIA. They would not have a con- for the holidays. week before Christmas, show up. ference. The regular order has been to- Mr. Speaker, I encourage my col- So it is my hope that this same spirit tally subverted. Unfortunately, we leagues on both sides of the aisle to we all talk about today, of accom- have to accommodate it because we are support this uncontroversial and bal- plishing our work on behalf of the up against a December 31 extension. anced rule. American people, the importance of By the way, if the House Republican Mr. Speaker, I reserve the balance of completing our work because we said leadership had not delayed consider- my time. we would do it, to be responsible to the ation of this bill, we could have done it Mr. HASTINGS of Florida. Mr. people of this whole country, all the months ago and not been vulnerable to Speaker, I yield myself such time as I people, that that spirit will carry that kind of extortion. may consume, and I thank my friend through because that is why we are What we have now is a bill that from Texas (Mr. SESSIONS) for the time. here today. leaves out, for example, the commis- Mr. Speaker, I guess it is appropriate Mr. Speaker, I reserve the balance of sion on how to deal with terrorism in- that we are providing for suspension of my time. surance that the families of September

VerDate Aug 31 2005 01:32 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.009 H17DEPT1 H12058 CONGRESSIONAL RECORD — HOUSE December 17, 2005 11 have asked for. We will go into that may consume to my good friend, the ought to have an opportunity to amend further when we debate it, but the fam- gentleman from Wisconsin (Mr. OBEY), it. Coming from an agricultural State, ilies of September 11 asked for a com- the distinguished ranking member of I am told that the agreement just mission. We included it in the House the Appropriations Committee. reached between the House and the bill. Chairman OXLEY and Chairman Mr. OBEY. Mr. Speaker, I thank the Senate is going to allow Senator COCH- BAKER accommodated that reasonable gentleman for yielding me this time. I RAN to put $2 billion wherever he wants request. It is not in the Senate Bill. want to put the House on notice that I it in agriculture, and I would kind of And because of this outrageously high- intend to ask for a rollcall on this rule. like to see some of that money going to handed legislative procedure, we do not And if we do have a rollcall, I am going the MILC program. But it is not going have a chance to include it. to vote against it, and I want to ex- to under the way this is set up. An important provision was adopted plain why. I would also like to amend the fund- here in the House, sponsored by the One of the bills that this rule makes ing rate for a number of programs so gentlewoman from Florida, to prevent in order is the continuing resolution. that you do not indirectly, under the people who are traveling to what some At this point, this Congress has not table, without a frontal vote, gut pro- insurance companies think are dan- passed the defense bill. It has not grams like the Community Services gerous areas, like Israel, from being de- passed the Labor, Health, Education Block Grant. nied life insurance. That is not in the and Social Services appropriations bill. So I want to put the House on notice, bill. Maybe some people do not like it, Together that equals about 65 percent despite any agreement at the leader- but we should have been able to have of all the discretionary spending in the ship level, I intend to ask for a rollcall had a forum in which it could be de- budget. We still have not passed those vote because this is nuts. bated and decided. bills almost 3 months into the fiscal Mr. SESSIONS. Mr. Speaker, I con- Instead, we have the right wing that year. tinue to reserve the balance of my controls the executive branch and both Now, this resolution will allow the time. Houses of Congress grudgingly allowing continuing resolution, which expires Mr. HASTINGS of Florida. Mr. a bare bones and, I think, inadequate today, to continue until February 15. Speaker, I yield myself such time as I form of extension. It is better than Now, it also says that we will not be may consume. able to amend the CR. However, there nothing. It is important to the econ- I hope that the general body heard is nothing to prevent the Senate from omy, and the gentleman from Texas is and understood Mr. OBEY’s expla- amending the CR when it goes over right. But here is a combination of ide- nation, the fact remains that it would there, and I fully expect them to try ological extremism and a refusal to devastate programs in this country because they have a different set of pri- recognize the legitimacy of a demo- that people are totally relying upon; orities than the Republican House lead- cratic process here. and, more importantly, my friends who ership. If you do not believe that, just As we salute democracy in Iraq, and espouse their support of the military, ask Mr. STEVENS. put the military in a position of not I am glad we saw it yesterday, I guess There is another problem with the I am starting to get jealous of the being able to do advanced procurement CR, and that is that it funds both the and to live at restrictive levels. That is Iraqis, because as of now there is more Defense bill and the Labor, Health, and democracy being practiced under not right. Therefore, we need to pay Education bill at a very much lower particular attention to the continuing American auspices in Iraq than the level and on a very much more re- leadership here in the House of Rep- resolution. stricted basis than I think is healthy. I would urge Members to be prepared resentatives is allowing on the floor of Example: on the Defense side, if the to come back for this particular meas- this body. Defense appropriations bill does not Mr. SESSIONS. Mr. Speaker, the ure, in light of the explanations offered pass, it means that money will trickle by my colleagues Mr. FRANK of Massa- gentleman from Massachusetts has out to the military, but they will not very appropriately talked about this chusetts and Mr. OBEY. be able to do the advanced procure- Mr. Speaker, I yield back the balance important act, this TRIA legislation; ment expenditures that they need if of my time. and I would like to take time to thank you are going to have intelligent plan- the ranking member of the Financial AMENDMENT OFFERED BY MR. SESSIONS ning. Mr. SESSIONS. Mr. Speaker, I offer Services Committee (Mr. FRANK of On the Labor-Health side, what it Massachusetts) for not only his work an amendment. means, and this is even more serious, I The Clerk read as follows: for a long time on this bill but for think, because I think there is a better Amendment offered by Mr. SESSIONS: working clearly and closely with indus- chance that the defense bill may pass, In the 8th paragraph, strike ‘‘conference try and consumer groups to make sure but the Labor-Health bill right now is report to accompany the’’ that what we had control over of here so inadequate that the majority leader Mr. SESSIONS. Mr. Speaker, I want in the House that we passed. in the Senate cannot get enough votes to thank my colleagues on both sides I do admit that there is frustration. to pass it. And so now what they are of the aisle for their thoughtful com- There is frustration on my part, too, as doing is setting up this scenario: they ments this morning about the cir- the gentleman is well aware. And I will are going to fund Labor-Health pro- cumstances, as we are here on Decem- tell you that the process that has grams at a level $1.4 billion below the ber 17, almost a week before Christmas. taken place may not be perfect, but I House-passed bill and $3 billion below I would like to thank all my colleagues want to thank the gentleman not only last year. And because of the peculiar- for coming down and speaking clearly. for his support of the work that we ities of the formula, programs such as There is a lot of frustration, but I be- were able to accomplish but for stick- the Community Service Block Grants lieve the process is important for us to ing with it. are going to be funded at a level 50 per- follow through. I am proud of what we The good part is there will be a proc- cent below last year. You might as well are doing. We can accomplish it all to- ess here today and the gentleman will gut that program if you let that hap- gether. be able to speak very clearly about his pen. Mr. Speaker, I yield back the balance thoughts on that, and we will move for- And why are they doing it? I think of my time, and I move the previous ward. the reason they are doing it is because question on the amendment and on the Mr. FRANK of Massachusetts. Mr. they know they cannot pass that tur- resolution. Speaker, if the gentleman will yield for key of a Labor-Health bill now as it is, The previous question was ordered. just a moment, I want to thank the so they are trying to set up a scenario The SPEAKER pro tempore (Mr. gentleman for his graciousness on that, in which in February Senators will MCHUGH). The question is on the and I appreciate that. have to vote for that inadequate bill in amendment offered by the gentleman Mr. SESSIONS. Mr. Speaker, I re- order to escape from the crisis which from Texas (Mr. SESSIONS). serve the balance of my time. was manufactured by this inadequate The amendment was agreed to. Mr. HASTINGS of Florida. Mr. and rigid CR. The SPEAKER pro tempore. The Speaker, at this particular moment I I think House Members, if we are question is on the resolution, as am privileged to yield such time as he going to be asked to pass another CR, amended.

VerDate Aug 31 2005 04:08 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.010 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12059 The question was taken; and the Bishop (NY) Hinojosa Obey proceedings today on motions to sus- Speaker pro tempore announced that Blumenauer Holden Olver pend the rules on which a recorded vote Boren Holt Ortiz the ayes appeared to have it. Boswell Honda Owens or the yeas and nays are ordered, or on Mr. OBEY. Mr. Speaker, I object to Boucher Hooley Pallone which the vote is objected to under the vote on the ground that a quorum Boyd Inslee Pascrell clause 6 of rule XX. Brady (PA) Israel Payne Record votes on postponed questions is not present and make the point of Brown (OH) Jackson (IL) Pelosi order that a quorum is not present. Brown, Corrine Jackson-Lee Peterson (MN) will be taken later today. The SPEAKER pro tempore. Evi- Butterfield (TX) Pomeroy f dently a quorum is not present. Capps Jefferson Price (NC) Capuano Johnson, E. B. Rahall PROFICIENCY TESTING The Sergeant at Arms will notify ab- Cardin Jones (OH) Rangel IMPROVEMENT ACT OF 2005 sent Members. Carnahan Kanjorski Reyes Carson Kaptur Ross Mr. DEAL of Georgia. Mr. Speaker, I The vote was taken by electronic de- Case Kennedy (RI) vice, and there were—yeas 213, nays Roybal-Allard move to suspend the rules and pass the Chandler Kildee Ruppersberger Cleaver Kilpatrick (MI) bill (H.R. 4568) to improve proficiency 190, not voting 30, as follows: Rush Clyburn Kind Ryan (OH) testing of clinical laboratories, as [Roll No. 663] Conyers Kucinich Sabo amended. Cooper Langevin YEAS—213 Salazar Costa Lantos The Clerk read as follows: Aderholt Gohmert Osborne Sa´ nchez, Linda Costello Larsen (WA) H.R. 4568 Alexander Goode Otter T. Cramer Larson (CT) Bachus Goodlatte Sanchez, Loretta Be it enacted by the Senate and House of Rep- Oxley Crowley Lee Baker Granger Sanders Paul Cuellar Levin resentatives of the United States of America in Barrett (SC) Graves Schakowsky Pearce Davis (AL) Lewis (GA) Congress assembled, Bartlett (MD) Green (WI) Pence Schiff Davis (CA) Lipinski SECTION 1. SHORT TITLE. Bass Gutknecht Schwartz (PA) Peterson (PA) Davis (FL) Lofgren, Zoe Beauprez Hall This Act may be cited as the ‘‘Proficiency Petri Davis (IL) Lowey Scott (GA) Biggert Harris Testing Improvement Act of 2005’’. Pickering Davis (TN) Lynch Scott (VA) Bilirakis Hart Pitts DeFazio Maloney Serrano SEC. 2. IMPROVEMENT OF PROFICIENCY TEST- Bishop (UT) Hastings (WA) Poe DeGette Markey Sherman ING OF CLINICAL LABORATORIES. Blackburn Hayes Pombo Delahunt Marshall Skelton Notwithstanding any other provision of Blunt Hayworth Porter DeLauro Matheson Slaughter Boehlert Hefley law, the Secretary of Health and Human Price (GA) Dicks Matsui Smith (WA) Boehner Hensarling Services— Pryce (OH) Dingell McCollum (MN) Snyder Bonilla Herger (1) may not, during the one-year period be- Putnam Doggett McDermott Solis Bonner Hobson ginning on the date of the enactment of this Radanovich Doyle McGovern Stark Bono Hoekstra Ramstad Edwards McIntyre Strickland Act, conduct (or cause an entity with which Boozman Hostettler Regula Emanuel McKinney Stupak the Secretary contracts to conduct) the pro- Boustany Hulshof Rehberg Engel McNulty Tanner ficiency testing referred to in section Bradley (NH) Hunter Reichert Eshoo Meehan Tauscher Brady (TX) Inglis (SC) 353(f)(4)(B)(iv) of the Public Health Service Renzi Etheridge Meek (FL) Taylor (MS) Brown (SC) Issa Act (42 U.S.C. 263a(f)(4)(B)(iv)); Reynolds Evans Meeks (NY) Thompson (CA) Brown-Waite, Jenkins (2) shall revise such proficiency testing (or Rogers (AL) Farr Melancon Thompson (MS) Ginny Jindal cause such testing to be revised)— Rogers (KY) Fattah Menendez Tierney Burgess Johnson (CT) Rogers (MI) Filner Michaud Towns (A) to reflect the collaborative clinical de- Burton (IN) Johnson (IL) Rohrabacher Ford Millender- Udall (CO) cision-making of laboratory personnel in- Buyer Johnson, Sam Ros-Lehtinen Frank (MA) McDonald Udall (NM) volved in screening or interpreting Calvert Jones (NC) Rothman Gonzalez Miller (NC) Van Hollen Camp (MI) Keller cytological preparations; Royce Gordon Miller, George Vela´ zquez Campbell (CA) Kelly (B) to revise grading or scoring criteria to Ryan (WI) Green, Al Mollohan Visclosky Cannon Kennedy (MN) reflect current practice guidelines; Ryun (KS) Green, Gene Moore (KS) Wasserman Cantor King (IA) (C) to provide for such testing to be con- Saxton Grijalva Moore (WI) Schultz Capito King (NY) Schmidt Gutierrez Moran (VA) Watt ducted no more often than every 2 years; and Carter Kingston Schwarz (MI) Harman Murtha Waxman (D) to make such other revisions to the Castle Kirk Sensenbrenner Hastings (FL) Nadler Weiner standards for such testing as may be nec- Chabot Kline Sessions Herseth Napolitano Woolsey Chocola Knollenberg essary to reflect changes in laboratory oper- Shadegg Higgins Neal (MA) Wu Coble Kuhl (NY) ations and practices since such standards Shaw Hinchey Oberstar Wynn Cole (OK) LaHood were promulgated in 1992; and Shays Conaway Latham (3) shall make the revisions required by Sherwood NOT VOTING—30 Crenshaw LaTourette paragraph (2) within one year after the date Culberson Leach Shimkus Akin Diaz-Balart, M. Pastor Shuster Baca Ehlers Platts of the enactment of this Act and before re- Davis (KY) Lewis (CA) suming proficiency testing referred to in Deal (GA) Lewis (KY) Simmons Barton (TX) Gilchrest Spratt DeLay Linder Simpson Becerra Hoyer Stearns such section. Dent LoBiondo Smith (NJ) Cardoza Hyde Waters The SPEAKER pro tempore. Pursu- Smith (TX) Clay Istook Watson Diaz-Balart, L. Lucas ant to the rule, the gentleman from Doolittle Lungren, Daniel Sodrel Cubin Kolbe Weldon (PA) Drake E. Souder Cummings McCarthy Westmoreland Georgia (Mr. DEAL) and the gentleman Dreier Mack Sullivan Davis, Jo Ann McCrery Wexler from Ohio (Mr. BROWN) each will con- Duncan Manzullo Sweeney Davis, Tom Myrick Young (FL) Tancredo trol 20 minutes. Emerson Marchant b 1518 English (PA) McCaul (TX) Taylor (NC) The Chair recognizes the gentleman Everett McCotter Terry Ms. HERSETH changed her vote from from Georgia. Thomas Feeney McHenry ‘‘yea’’ to ‘‘nay.’’ GENERAL LEAVE Ferguson McHugh Thornberry Fitzpatrick (PA) McKeon Tiahrt So the resolution, as amended, was Mr. DEAL of Georgia. Mr. Speaker, I Flake McMorris Tiberi agreed to. ask unanimous consent that all Mem- Foley Mica Turner The result of the vote was announced bers may have 5 legislative days within Forbes Miller (FL) Upton which to revise and extend their re- Fortenberry Miller (MI) Walden (OR) as above recorded. Fossella Miller, Gary Walsh A motion to reconsider was laid on marks and include extraneous material Foxx Moran (KS) Wamp the table. on the bill. Franks (AZ) Murphy Weldon (FL) Stated for: The SPEAKER pro tempore. Is there Frelinghuysen Musgrave Weller Gallegly Neugebauer Whitfield Mr. STEARNS. Mr. Speaker, on rollcall No. objection to the request of the gen- Garrett (NJ) Ney Wicker 663 I was unavoidably detained. Had I been tleman from Georgia? Gerlach Northup Wilson (NM) present, I would have voted ‘‘yes.’’ There was no objection. Gibbons Norwood Wilson (SC) Mr. DEAL of Georgia. Mr. Speaker, I Gillmor Nunes Wolf f Gingrey Nussle Young (AK) yield myself such time as I may con- ANNOUNCEMENT BY THE SPEAKER sume. NAYS—190 PRO TEMPORE Each year, the licensed physicians Abercrombie Baird Berkley The SPEAKER pro tempore (Mr. and cytotechnologists who screen and Ackerman Baldwin Berman Allen Barrow Berry MCHUGH). Pursuant to clause 8 of rule interpret Pap tests save the lives of Andrews Bean Bishop (GA) XX, the Chair will postpone further thousands of women by detecting the

VerDate Aug 31 2005 01:32 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.014 H17DEPT1 H12060 CONGRESSIONAL RECORD — HOUSE December 17, 2005 earliest signs of cervical cancer, a com- puter-assisted screening, location-guid- in Fayette County Hospital in mon cancer in women. Without ques- ed screening, digital imaging, have Vandalia, Illinois, for always keeping tion, these professionals serve a vital made a positive impact on screening me updated on issues facing the labora- role in the health care delivery system for cervical cancer. tory community. of this Nation, and we owe them our The proficiency testing system em- In my district and across the coun- sincere admiration and appreciation bedded in the agency’s rule has not try, we already have a shortage of med- for the services they perform. been modified to reflect these signifi- ical lab technicians. These proficiency However, our Federal bureaucracy cant advances. As a result, the system testing regulations would further re- has let these professionals and their is rooted in outdated and obsolete med- duce access to cytology services. patients down by neglecting to develop ical standards and practices. In fact, I urge my colleagues to support this an effective and appropriate pro- the testing scheme adopted 13 years legislation, H.R. 4568. ficiency test for these individuals as ago but just implemented by the Fed- required by the Clinical Laboratory eral Government this year is based b 1530 Improvement Amendments of 1998, upon standards that go back to the late commonly referred to as CLIA. Instead, 1960s. Mr. BROWN of Ohio. Mr. Speaker, I the Centers for Medicare and Medicaid H.R. 4568 delays implementation of yield 3 minutes to the gentlewoman Services have recently chosen to im- this testing program for 1 year so the from South Dakota (Ms. HERSETH), who plement an outdated and flawed testing agency can review and revise the pro- has been a terrific advocate for wom- system that was finalized over 13 years gram to reflect current medical prac- en’s health in our country. ago. tice. One can look at it from a quality Ms. HERSETH. Mr. Speaker, I thank This situation is unacceptable, and perspective, a safety perspective, an my friend from Ohio for yielding and these professionals who are performing access perspective or a fiscal perspec- for his long-standing commitment for vital services deserve better. tive. From any of those angles, it is in health care issues facing this country. And that is why I have introduced no one’s best interest to use the wrong Mr. Speaker, I rise today in support this legislation. H.R. 4568 will place a test to evaluate proficiency. All they of H.R. 4568, the Proficiency Testing hold on the current CMS testing sys- end up with are more questions. Improvement Act of 2005, because this tem and require that a new rule be de- I want to make clear the bill does not legislation reflects a thoughtful com- veloped that accomplishes the fol- repeal this testing program. It simply promise, and I am extremely pleased lowing four goals: First, to reflect the puts the program on pause while the we are going to have an opportunity to collaborative clinical decision-making agency makes changes to reflect valid address the underlying issues con- of laboratory personnel involved in and up-to-date medicine and laboratory cerning the clinical laboratory pro- screening or interpreting cytological working conditions. ficiency testing regime currently being preparations; second, to revise grading In September, I joined over 100 Mem- implemented by the Centers for Medi- or scoring criteria to reflect current bers of the House, from both parties, in care and Medicaid Services. practice guidelines; and, third, to pro- sending a letter to Secretary Leavitt, As I toured laboratories in South Da- vide for such testing to be conducted urging him to update the testing pro- kota earlier this year and discussed the no more often than every 2 years; and, gram before implementing it. The Sec- proficiency test with pathologists in fourth, to make such revisions to the retary of HHS, for whatever reason, has my State, it has become clear to me standards for such testing as may be not responded. that the science and practice guide- necessary to reflect changes in the lab- In February, the Clinical Laboratory lines for cytology have advanced sub- oratory operations and practices since Improvement Advisory Committee, stantially in the 13 years since the ini- the standards were promulgated origi- which advises the Department of tial design of the proficiency testing nally in 1992. Health and Human Services, unani- program. This is the least we can do for these mously recommended that the agency I have serious concerns with the pos- professionals. And I want to thank my revise and update this 13-year-old regu- sibility of qualified physicians and lab colleagues SUE MYRICK, TOM PRICE, lation; yet the agency continues to personnel being penalized as a result of JOHN SHIMKUS and SHERROD BROWN for move forward with a January 1, 2006, a test based on outdated standards, and joining me in sponsoring this legisla- implementation date. I have concerns about the access prob- tion. If we are serious in this body about lems this may create in rural areas. Mr. Speaker, I reserve the balance of promoting quality health care, we The Clinical Laboratory Improve- my time. should ensure that the Federal Govern- ment Advisory Committee, which is Mr. BROWN of Ohio. Mr. Speaker, I ment’s regulations are keeping pace charged with advising the Secretary of yield myself such time as I may con- with 21st Century medicine. This bill Health and Human Services on the sume. will help do that. I urge my colleagues standards governing clinical labora- Joining my friend from Georgia, Mr. to support it. tories, has recommended that the De- DEAL, I rise in support of H.R. 4568, the Mr. Speaker, I reserve the balance of partment of Health and Human Serv- Proficiency Testing Improvement Act. my time. ices revise the outdated regulation to It makes perfect sense to take steps Mr. DEAL of Georgia. Mr. Speaker, I reflect the advances in the practice of to ensure that women are receiving ac- yield 2 minutes to the gentleman from cytology. curate results after they have had a Illinois (Mr. SHIMKUS), a member of the When it became clear that Secretary Pap test. But it makes no sense to take Energy and Commerce Committee that Leavitt intended to proceed with the false steps in that direction. Pro- has jurisdiction over this issue. January 1 implementation date, as Mr. ficiency testing can be extremely use- (Mr. SHIMKUS asked and was given BROWN indicated, I joined with him and ful, or it can make a bad situation permission to revise and extend his re- many others of this body to urge the worse. If the proficiency test itself is marks.) Secretary to suspend the current test- inaccurate, then both competence and Mr. SHIMKUS. Mr. Speaker, I want ing program and make the necessary incompetence get lost in the shuffle. It to thank Chairman DEAL of the sub- revisions to reflect the advances in is almost worse than not knowing. committee for his work on this legisla- science, technology and practice. But H.R. 4568 gives the Secretary of tion, also Ranking Member BROWN, and time grows short, and without any as- Health and Human Services authority I think they accurately have men- surances that the flaws in the current to revise a 13-year-old regulation that tioned what this legislation does. regime will be addressed, it is nec- CMS has only recently acted on. The It wants to hold off these regulations essary for us to act. regulation calls for a Federal program that are decades old for new science This legislation delays implementa- to test the proficiency of individual and new technology and for safety and tion of proficiency testing for 1 year to laboratory individuals who read Pap cost and efficiency and all those allow the Secretary to make the appro- tests. things. priate revisions and ensure a testing Since this rule was first proposed in I just want to take this time to program that reflects medically and 1992, significant advances, such as com- thank Dr. James Miller, who runs a lab scientifically current standards for the

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.017 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12061 practice of cytology. This step is nec- Sometimes they may even take the Now, understanding, as I do, that this essary to protect access to clinical lab- specimen, that slide and the specimen is in the law, another reason why this oratory services and to ensure the high they have, to a professor, to a univer- is a bad law is just the way it has quality of those services. sity nearby or to a seminar that is played out. Thirteen years for the reg- I want to express my sincere thanks being held and get other opinions. It is ulatory agency to finally bring regula- to all those who have worked so hard a collegial practice. tions to the process, to put them for- in the last few weeks to bring this leg- The test that is on the books right ward, and, lo and behold, surprise, sur- islation to the floor before the end of now and being proposed to be imple- prise, they are completely outdated. the session. Ranking Members DINGELL mented January 1 on a mandatory They are completely inconsistent with and BROWN, Chairman DEAL, Mr. PRICE, basis does not recognize any of the what has been going on. have all been diligent and thoughtful collegiality of the practice of pathol- Litigation forces and the College of throughout this process. And I also ogy or medicine for that matter. American Pathology’s policies have want to extend my thanks to Chairman So I believe that any testing that changed the landscape, and now you es- BARTON for his flexibility and offer my ought to be approved must be approved sentially have many pathologists, as prayers for his speedy recovery during by the specialty society. The College of my physician colleague Dr. Price said the Christmas season. American Pathologists has wonderful earlier, and I commend him for his I encourage my colleagues in the individuals, scientists, individuals who leadership on this, many pathologists House to support H.R. 4568 and our col- understand the practice of medicine have abandoned this. And you literally leagues in the Senate to act swiftly to and also understand the science, and have certain pathologists who are spe- pass this important legislation before they must, they must, approve any test cializing in this. They read them all we adjourn. before it goes forward. the time. They go to seminars all the Mr. DEAL of Georgia. Mr. Speaker, I I also believe that any test that time. When they get difficult smears, am pleased to yield 4 minutes to my would be of benefit to us as citizens they take them to the university. They colleague, the gentleman from Georgia and truly increase the quality of care bring their colleagues in the room. (Mr. PRICE), and to thank him for his would be a test that measured the To me, this is a wasteful and inappro- efforts in shepherding this bill to the quality of the facility which recognizes priate involvement of the Federal Gov- floor today. the collegiality of the practice of pa- ernment, and I am very, very pleased (Mr. PRICE of Georgia asked and was thology, and not be necessarily physi- that the other side of the aisle is will- given permission to revise and extend cian-specific, because that does not ing to go along with this 1-year delay. his remarks.) recognize how these things are done. Hopefully, the Senate will approve So, this bill, I commend the chair- Mr. PRICE of Georgia. Mr. Speaker, this. man once again for bringing it forward. first, I want to thank Chairman DEAL What I hope is, ultimately, we repeal for his leadership on this issue and I believe it is a commonsense measure. this, because I believe it is completely It is a measure that, ultimately, I be- Chairman BARTON as well for allowing unnecessary, and it is inserting the lieve, will result in a better rule and a this to go forward and thank particu- Federal Government in a place that I better ability of pathologists and other larly Mr. BROWN and Ms. HERSETH and do not think the American public physicians across this Nation to prac- Mr. DINGELL for working together to would really want us to be, and that is tice. I urge adoption of this bill. make certain that this issue is brought Mr. BROWN of Ohio. Mr. Speaker, I into the details of the practice of medi- forward before we go home for the holi- reserve the balance of my time. cine, carving out one specific area of day. Mr. DEAL of Georgia. Mr. Speaker, I pathology. Why are we not Any testing, any testing, for quality am pleased to yield 4 minutes to the credentialing pathologists who read in health care, must recognize and be gentleman from Florida (Mr. WELDON), thyroid biopsies? That can be very, tailored to real-life situations and the a physician familiar with this issue. very important. What about breast bi- actual practice of medicine. As a physi- (Mr. WELDON of Florida asked and opsies? So to single this out, to me it cian, I have a real concern about qual- was given permission to revise and ex- is almost bizarre. ity health care and about how often tend his remarks.) Mr. Speaker, I commend the chair- government decisions may adversely Mr. WELDON of Florida. Mr. Speak- man of the subcommittee. I am cer- affect that care. er, I thank the subcommittee chairman tainly looking forward to working with In our State of Georgia, as the chair- for his leadership on this issue. him in the year ahead. I certainly com- man knows, 40 percent of the patholo- I am not an OB/GYN, but as a general mend the ranking member for his will- gists in our State no longer read Pap internist, I performed numerous Pap ingness to allow this to move forward, smears. They no longer read Pap smears. I was not here in 1992 when this and I do hope the Senate concurs, and smears. The reason is not that they statute was put in place. If I had been, we are able to pass this. forgot how to read Pap smears. The I would have voted against it. I do not WHAT THE BILL DOES? reason is that the liability, the risk for think the Federal Government has any In 1992 CMS, HCFA, proposed regulations reading a Pap smear at this point is business being in this process. that would require proficiency testing of pathol- greater than the benefit that they can I have to ask everybody in the Cham- ogy labs for pap tests. derive themselves, and it is not worth ber a question: Why do we want to have Those regs sat on the shelf for the past 13 putting their families at that personal a special test only for the pathologists? years, until earlier this year CMS decided to financial risk to do so. If we go ahead Why not a Federal test for the doctor implement these 13-year-old regs. with current CMS policy, I fear all performing the Pap smear? I frequently This bill simply delays for one more year the across this Nation, we will see the re- did breast exams at the same time. implementation of these regulations and asks mainder of the pathologists will no Why not a special test, a Federal test, CMS to update their regulations to reflect the longer be able to read Pap smears, and for that? What about the mammogram? practice of medicine today both within the pa- consequently, the quality of care will Why not a Federal exam for a mammo- thology labs and in how clinicians respond to be further diminished. gram? those lab tests. The reason that this test that has We obviously do not do that for obvi- WHY IS THIS BILL NECESSARY? been proposed to move forward is ous reasons. Professional societies gov- CMS dusted off 13-year-old regs that do not flawed is because the practice of pa- ern these issues. State statutes govern reflect the current practice of medicine. thology is a collegial practice. If a pa- them, and this is just a huge area. CMS is requiring that pathologists examine thologist is reading a slide to deter- Physicians of various specialties per- these test exams in a vacuum; however, pa- mine a diagnosis and he or she may form a multitude of different tests. thologists and cytologist practice in a team have a question about it, they do not They review and do a multitude of dif- today. The CMS regulations don’t reflect this simply put it aside and not do anything ferent procedures, and it would vir- change in practice; they are testing in a man- about it. They call over Dr. Smith or tually be impossible; it would involve a ner that does not reflect how a pathology is Dr. Jones or one of the other personnel colossal expansion of the Federal Gov- practiced today. and ask them, what do you think? And ernment into essentially an area tradi- The test asks pathologists/cytologists to dis- they come to a decision together. tionally of commerce. tinguish between high- and low-grade lesions.

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K17DE7.019 H17DEPT1 H12062 CONGRESSIONAL RECORD — HOUSE December 17, 2005 In 1992 the standard of practice for low- to stand in the way of it, but I refuse contacted me asking that we please grade lesions was to continue repeat cytology to accept an argument that says that ask HHS to step back and review this testing while colposcoply and biopsy were or- government has no role in this, be- testing program. A vote for the com- dered for high-grade lesions. cause, again, the American public monsense legislation is just what the The standard of practice today is to order must, must, have confidence in medical doctor ordered. colposcopy and biopsy for both high- and low- tests, must be able to rely on them. b 1545 grade lesions. When we are talking about such sub- The exam also applies a double standard jects as medical malpractice, Mr. Mr. BROWN of Ohio. Mr. Speaker, I for scoring—one test for cytologists and an- Speaker, if someone has the wrong re- reserve the balance of my time. Mr. DEAL of Georgia. Mr. Speaker, I other higher standard for pathologists. sults on a test, my God, it may result yield 2 minutes to the gentleman from WHO HAS ASKED CMS TO DELAY THESE REGS in all kinds of very unfortunate cir- Texas (Mr. BURGESS), my colleague on Ten national pathology and cytology organi- cumstances and expenses and pain and the Health Subcommittee of Energy zations; 49 State pathology medical societies; suffering to a family. and Commerce. over 120 Members of Congress wrote CMS in Mr. DEAL of Georgia. Mr. Speaker, I Mr. BURGESS. Mr. Speaker, I thank October asking CMS to delay this testing; yield myself 15 seconds just to respond the chairman and the ranking member even CMS’s own Clinical Laboratory Improve- to the gentleman and assure him that for bringing this relevant and impor- ment Advisory Committee, CLIAC, unani- we understand his concerns with the tant piece of legislation to the floor mously moved that CMS revise the cytology whistleblower, but this is a situation in today. PT regulations to reflect current practice, evi- which government does have a role, but It is probably the cervical cytology dence based guidelines and antipated we are trying to make sure that gov- that has been more responsible than changes in technology. ernment does not impose outdated reg- any other medical test for the founda- CONCLUSION ulations that are 13 years old and do tion of preventative medicine in the This bill will provide for only a 1-year delay not associate themselves with the cur- United States. of these regulations so that CMS can update rent realities of the practice. I cannot tell you of the change that the regulations that they left sitting on the Mr. Speaker, I yield 2 minutes to the has taken place in the science of cer- shelf for the past 13 years. gentleman from Pennsylvania (Mr. vical cytologies from 1988, when this Mr. BROWN of Ohio. Mr. Speaker, I SHUSTER). language was first written, until the yield 3 minutes to the gentleman from Mr. SHUSTER. Mr. Speaker, I thank time I left practice in 2002. The change Maryland (Mr. CUMMINGS). the gentleman for yielding me the has been so rapid in the science of cy- Mr. CUMMINGS. Mr. Speaker, I was time. tology; and the language in this legis- just listening to the last speaker, and I Mr. Speaker, I rise today in support lation being over 10 years old, over a just wanted to bring something to the of H.R. 4568. This legislation will put in decade old, is inappropriate for the 21st attention of the House. place a 1-year delay of a problematic century. In Maryland, we had a situation cytology testing program and will In this day and time, we now have where we had Maryland General Hos- allow HHS to review and revise the thin-layer cytologies. We have liquid- pital, which is in my district, as a mat- program in order to better reflect cur- based cytologies, none of which were ter of fact, within 6 blocks of my rent medical practice. available in the late 80s or early 90s. house, and one of the things that we Numerous pathologists from my dis- The accuracy of these tests is light discovered was that the hospital was trict in central and western Pennsyl- years ahead of what it was. If you add providing tests whereby personnel in vania have expressed great concern to that the ability to do DNA typing on the hospital knew that these HIV and over this testing program. I would like abnormal cells, a lot of problems with hepatitis tests, the results were the to share a portion of a letter I received false negatives have been eliminated. wrong results. In other words, there from a well-respected pathologist from The CLIA standards to affect this lan- was some faulty machinery. There was Roaring Springs, Pennsylvania, Dr. guage at this point would be inappro- some problem within the lab itself. And Bill Kirsch, regarding this issue. And I priate. They would be draconian. In when the whistleblower went to blow think it is extremely important to hear fact, they would be a big step back- ward. the whistle, the whistleblower was the words of a practicing pathologist I look forward to working with my and not just legislators on the floor of fired. chairman. I look forward to working Government does have a role in this. the House. with the committee with my fellow The government must have a role. Al- Dr. Kirsch first contacted me in Au- members to develop language that most, not almost, every single person gust of this year saying the following: more accurately measures the perform- ‘‘Although I have not received the in this country at some point is sub- ance of cytopathologists and patholo- jected to some type of medical test. As survey material at this time, it was ap- gists. a matter of fact, we in the State of parent when I read the initial introduc- Mr. BROWN of Ohio. Mr. Speaker, I Maryland, it was of such significance tion of this new testing procedure that yield myself such time as I may con- that we got the College of American it had little merit and was only vague- sume. Pathologists to revise their entire pro- ly related to the actual practice of Mr. Speaker, I was just looking gram so as to protect whistleblowers, cytopathology. through the CMS informational supple- to make sure that if there was retalia- ‘‘My contention is this supposed pro- ment on this whole issue, and I just tion against a whistleblower, that that ficiency examination will do little or wanted to read the reason that CMS clinical lab could lose its accredita- nothing to improve the quality of the could not get its act together through tion. cytopathology services and only add to Secretary Thompson and now Sec- They also are spending $9 million hospital expenses through fee and the retary Leavitt, that they have delayed over the next 2 years to revamp their paid time for the cytology tech staff this so much longer than it needed to, whole process, because here is the Col- and the pathologist forced to partici- and this is their sort of double speak, if lege of American Pathologists who pate. There are other proficiency tests you will: oversees some 6,000 clinical labs all that I have subscribed to for a number ‘‘Implementation of cytology pro- around the world, and they realized of years and have helped me to become ficiency testing has taken an extended that it was important that they give a better cytopathologist. period of time due to the absence of proper results and protect whistle- ‘‘The current proficiency testing by qualified national proficiency testing blowers, have a better system. But I MIME has, in my opinion, no merit and organizations and insufficient number can tell you the thing that pushed does not deserve to be continued. It of reference cytology testing materials them to do that was government inter- does not have the support of pathology and significant technical difficulties. vention. or cytopathologist professionals and Currently, there are two CMS-approved So I understand this particular piece should not have even been initiated.’’ cytology proficiency testing programs of legislation. I think it makes sense. I Mr. Speaker, I respect the wisdom in the country for 2005, and we antici- wish we had a little bit more time to and experience of many of the doctors pate the approval of additional pro- consider it. The fact is, I am not going and laboratory professionals that have grams in 2006.’’

VerDate Aug 31 2005 04:08 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.006 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12063 So the last 5 years both Secretary ommended by the Clinical Laboratory Im- outcomes database maintained under section Thompson and Secretary Leavitt have provement Advisory Committee, can be made. 379A of the Public Health Service Act, as not been able to get this whole pro- Importantly, these revisions are required to be amended by this Act. (c) RELATED CORD BLOOD DONORS.— gram up and running. Now we have this made within one year, and must be made be- (1) IN GENERAL.—The Secretary shall establish same cast of characters telling the fore proficiency testing can resume. a 3-year demonstration project under which country that we have got to implement This is a commonsense measure that will qualified cord blood banks receiving a contract the Medicare bill right now when plen- assure that regulations implemented by the under this section may use a portion of the ty of people in this body, led by Ms. Federal Government reflect current science, funding under such contract for the collection SCHAKOWSKY of Illinois and Mr. STARK technology, and medical practice. I urge my and storage of cord blood units for a family from California, it said on the Medi- colleagues to support it. where a first-degree relative has been diagnosed care bill that we should push back the Mr. DEAL of Georgia. Mr. Speaker, I with a condition that will benefit from trans- plantation (including selected blood disorders, deadline for people who want to benefit yield back the balance of my time. malignancies, metabolic storage disorders, from the Medicare prescription drug The SPEAKER pro tempore (Mr. hemoglobinopathies, and congenital benefit program, who want to benefit MCHUGH). The question is on the mo- immunodeficiencies) at no cost to such family. but cannot yet make their minds up tion offered by the gentleman from Qualified cord blood banks collecting cord blood because of the complexity of it. And Georgia (Mr. DEAL) that the House sus- units under this paragraph shall comply with they will be actually financially penal- pend the rules and pass the bill, H.R. the requirements of paragraphs (1), (2), (3), and ized if they do not make that decision 4568. (5) of subsection (b). more quickly than many seniors feel The question was taken; and (two- (2) AVAILABILITY.—Qualified cord blood banks that are operating a program under paragraph that they are capable of making. thirds having voted in favor thereof) (1) shall provide assurances that the cord blood At the same time, we are also doing the rules were suspended and the bill units in such banks will be available for directed nothing to allow the Secretary of CMS was passed. transplantation until such time that the cord to bring down the price of prescription A motion to reconsider was laid on blood unit is released for transplantation or is drugs. In fact, this institution, this the table. transferred by the family to the C.W. Bill Young body, prohibited the government from f Cell Transplantation Program in accordance negotiating lower prices. So while Sec- with guidance or regulations promulgated by STEM CELL THERAPEUTIC AND retary Thompson and now Secretary the Secretary. RESEARCH ACT OF 2005 (3) INVENTORY.—Cord blood units collected Leavitt could not get their act to- through the program under this section shall gether on this, they seem to want to Mr. DEAL of Georgia. Mr. Speaker, I not be counted toward the 150,000 inventory move forward too quickly on Medicare, move to suspend the rules and concur goal under the C.W. Bill Young Cell Transplan- forcing seniors to make a choice pre- in the Senate amendment to the bill tation Program. maturely in the minds of many seniors (H.R. 2520) to provide for the collection (4) REPORT.—Not later than 90 days after the or pay an economic financial penalty and maintenance of human cord blood date on which the project under paragraph (1) for every month they delay, and at the stem cells for the treatment of patients is terminated by the Secretary, the Secretary shall submit to Congress a report on the out- same time doing nothing to bring the and research, and to amend the Public Health Service Act to authorize the comes of the project that shall include the rec- price of prescription drugs down. ommendations of the Secretary with respect to It all fits together in a peculiar way, C.W. Bill Young Cell Transplantation the continuation of such project. Mr. Speaker. That does not mean this Program. (d) APPLICATION.—To seek to enter into a con- bill is not important. I join my col- The Clerk read as follows: tract under this section, a qualified cord blood league, Mr. DEAL, in support of it. As Senate amendment: bank shall submit an application to the Sec- always, there is a little bigger picture Strike out all after the enacting clause and retary at such time, in such manner, and con- here. insert: taining such information as the Secretary may Mr. Speaker, I yield back the balance SECTION 1. SHORT TITLE. reasonably require. At a minimum, an applica- tion for a contract under this section shall in- of my time. This Act may be cited as the ‘‘Stem Cell Therapeutic and Research Act of 2005’’. clude a requirement that the applicant— Mr. DEAL of Georgia. Mr. Speaker, I (1) will participate in the C.W. Bill Young Cell yield myself such time as I may con- SEC. 2. CORD BLOOD INVENTORY. Transplantation Program for a period of at least sume. (a) IN GENERAL.—The Secretary of Health and 10 years; While my colleague, Mr. BROWN of Human Services shall enter into one-time con- (2) will make cord blood units collected pursu- Ohio, is my copartner in the issue of tracts with qualified cord blood banks to assist ant to this section available through the C.W. in the collection and maintenance of 150,000 Bill Young Cell Transplantation Program in health care and he and I share many new units of high-quality cord blood to be made things in common, this bill being one perpetuity or for such time as determined viable available for transplantation through the C.W. by the Secretary; and of them, and I would disagree with his Bill Young Cell Transplantation Program and (3) if the Secretary determines through an as- comments with regard to Medicare to carry out the requirements of subsection (b). sessment, or through petition by the applicant, part D, I for one am pleased that we (b) REQUIREMENTS.—The Secretary shall re- that a cord blood bank is no longer operational are finally offering senior citizens of quire each recipient of a contract under this sec- or does not meet the requirements of section this country the opportunity to have a tion— 379(d)(4) of the Public Health Service Act (as prescription drug benefit plan. (1) to acquire, tissue-type, test, cryopreserve, added by this Act) and as a result may not dis- and store donated units of cord blood acquired tribute the units, transfer the units collected We can disagree on that, and we will with the informed consent of the donor, as de- probably have some disagreements in pursuant to this section to another qualified termined by the Secretary pursuant to section cord blood bank approved by the Secretary to the future; but I do want to thank Mr. 379(c) of the Public Health Service Act, in a ensure continued availability of cord blood BROWN of Ohio and his staff and the manner that complies with applicable Federal units. others on the minority side for their and State regulations; (e) DURATION OF CONTRACTS.— cooperation in dealing with this issue (2) to encourage donation from a genetically (1) IN GENERAL.—Except as provided in para- that is before us today on pathology li- diverse population; graph (2), the term of each contract entered into censure. (3) to make cord blood units that are collected by the Secretary under this section shall be for pursuant to this section or otherwise and meet 10 years. The Secretary shall ensure that no I think that it is a bill that we need all applicable Federal standards available to to act on quickly, and hopefully our Federal funds shall be obligated under any such transplant centers for transplantation; contract after the earlier of— colleagues across the way will do like- (4) to make cord blood units that are collected, (A) the date that is 3 years after the date on wise. but not appropriate for clinical use, available which the contract is entered into; or Mr. DINGELL. Mr. Speaker, I support H.R. for peer-reviewed research; (B) September 30, 2010. 4568, the ‘‘Proficiency Testing Improvement (5) to make data available, as required by the (2) EXTENSIONS.—Subject to paragraph (1)(B), Act of 2005,’’ which requires the Secretary of Secretary and consistent with section 379(d)(3) the Secretary may extend the period of funding the Department of Health and Human Serv- of the Public Health Service Act (42 U.S.C. under a contract under this section to exceed a 274k(d)(3)), as amended by this Act, in a stand- ices to update the federal program to test the period of 3 years if— ardized electronic format, as determined by the (A) the Secretary finds that 150,000 new units proficiency of individual laboratory profes- Secretary, for the C.W. Bill Young Cell Trans- of high-quality cord blood have not yet been col- sionals who read Pap tests. This bill delays plantation Program; and lected pursuant to this section; and implementation of the program first proposed (6) to submit data in a standardized electronic (B) the Secretary does not receive an applica- in 1992 so that revisions, including those rec- format for inclusion in the stem cell therapeutic tion for a contract under this section from any

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 6333 E:\CR\FM\K17DE7.023 H17DEPT1 H12064 CONGRESSIONAL RECORD — HOUSE December 17, 2005 qualified cord blood bank that has not pre- carried out by the Program. The members of the Based on such examination, the Secretary shall viously entered into a contract under this sec- Advisory Council shall be appointed in accord- require that the standards used by the accredi- tion or the Secretary determines that the out- ance with the following: tation entities recognized under subsection (b) standing inventory need cannot be met by the ‘‘(1) Each member of the Advisory Council ensure that a cord blood unit is acquired with one or more qualified cord blood banks that shall serve for a term of 2 years, and each such the informed consent of the maternal donor. have submitted an application for a contract member may serve as many as 3 consecutive 2- ‘‘(d) FUNCTIONS.— under this section. year terms, except that ‘‘(1) BONE MARROW FUNCTIONS.—With respect (3) PREFERENCE.—In considering contract ex- ‘‘(A) such limitations shall not apply to the to bone marrow, the Program shall— tensions under paragraph (2), the Secretary Chair of the Advisory Council (or the Chair- ‘‘(A) operate a system for identifying, match- shall give preference to qualified cord blood elect) or to the member of the Advisory Council ing, and facilitating the distribution of bone banks that the Secretary determines have dem- who most recently served as the Chair; and marrow that is suitably matched to candidate onstrated a superior ability to satisfy the re- ‘‘(B) 1 additional consecutive 2-year term may patients; quirements described in subsection (b) and to be served by any member of the Advisory Coun- ‘‘(B) consistent with paragraph (3), permit achieve the overall goals for which the contract cil who has no employment, governance, or fi- transplant physicians, other appropriate health was awarded. nancial affiliation with any donor center, re- care professionals, and patients to search by (f) REGULATIONS.—The Secretary may promul- cruitment organization, transplant center, or means of electronic access all available bone gate regulations to carry out this section. cord blood bank. marrow donors listed in the Program; (g) DEFINITIONS.—In this section: ‘‘(2) A member of the Advisory Council may ‘‘(C) carry out a program for the recruitment (1) The term ‘‘C. W. Bill Young Cell Trans- continue to serve after the expiration of the term of bone marrow donors in accordance with sub- plantation Program’’ means the C.W. Bill of such member until a successor is appointed. section (e), including with respect to increasing ‘‘(3) In order to ensure the continuity of the Young Cell Transplantation Program under sec- the representation of racial and ethnic minority Advisory Council, the Advisory Council shall be tion 379 of the Public Health Service Act, as groups (including persons of mixed ancestry) in appointed so that each year the terms of ap- amended by this Act. the enrollment of the Program; (2) The term ‘‘cord blood donor’’ means a proximately one-third of the members of the Ad- ‘‘(D) maintain and expand medical contin- mother who has delivered a baby and consents visory Council expire. gency response capabilities, in coordination ‘‘(4) The membership of the Advisory Coun- to donate the neonatal blood remaining in the with Federal programs, to prepare for and re- cil— spond effectively to biological, chemical, or radi- placenta and umbilical cord after separation ‘‘(A) shall include as voting members a bal- from the newborn baby. ological attacks, and other public health emer- anced number of representatives including rep- gencies that can damage marrow, so that the ca- (3) The term ‘‘cord blood unit’’ means the neo- resentatives of marrow donor centers and mar- natal blood collected from the placenta and um- pability of supporting patients with marrow row transplant centers, representatives of cord damage from disease can be used to support cas- bilical cord of a single newborn baby. blood banks and participating birthing hos- (4) The term ‘‘first-degree relative’’ means a ualties with marrow damage; pitals, recipients of a bone marrow transplant, ‘‘(E) carry out informational and educational sibling or parent who is one meiosis away from recipients of a cord blood transplant, persons a particular individual in a family. activities in accordance with subsection (e); who require such transplants, family members of ‘‘(F) at least annually update information to (5) The term ‘‘qualified cord blood bank’’ has such a recipient or family members of a patient the meaning given to that term in section account for changes in the status of individuals who has requested the assistance of the Program as potential donors of bone marrow; 379(d)(4) of the Public Health Service Act, as in searching for an unrelated donor of bone amended by this Act. ‘‘(G) provide for a system of patient advocacy marrow or cord blood, persons with expertise in through the office established under subsection (6) The term ‘‘Secretary’’ means the Secretary bone marrow and cord blood transplantation, of Health and Human Services. (h); persons with expertise in typing, matching, and ‘‘(H) provide case management services for (h) AUTHORIZATION OF APPROPRIATIONS.— transplant outcome data analysis, persons with (1) EXISTING FUNDS.—Any amounts appro- any potential donor of bone marrow to whom expertise in the social sciences, basic scientists the Program has provided a notice that the po- priated to the Secretary for fiscal year 2004 or with expertise in the biology of adult stem cells, 2005 for the purpose of assisting in the collection tential donor may be suitably matched to a par- and members of the general public; and ticular patient through the office established or maintenance of cord blood shall remain avail- ‘‘(B) shall include as nonvoting members rep- able to the Secretary until the end of fiscal year under subsection (h); resentatives from the Department of Defense ‘‘(I) with respect to searches for unrelated do- 2007. Marrow Donor Recruitment and Research Pro- (2) SUBSEQUENT FISCAL YEARS.—There are au- nors of bone marrow that are conducted gram operated by the Department of the Navy, through the system under subparagraph (A), thorized to be appropriated to the Secretary the Division of Transplantation of the Health $15,000,000 for each of fiscal years 2007, 2008, collect, analyze, and publish data in a stand- Resources and Services Administration, the ardized electronic format on the number and 2009, and 2010 to carry out this section. Food and Drug Administration, and the Na- (3) LIMITATION.—Not to exceed 5 percent of percentage of patients at each of the various tional Institutes of Health. stages of the search process, including data re- the amount appropriated under this section in ‘‘(5) Members of the Advisory Council shall be each of fiscal years 2007 through 2009 may be garding the furthest stage reached, the number chosen so as to ensure objectivity and balance and percentage of patients who are unable to used to carry out the demonstration project and reduce the potential for conflicts of interest. under subsection (c). complete the search process, and the reasons The Secretary shall establish bylaws and proce- underlying such circumstances; SEC. 3. C.W. BILL YOUNG CELL TRANSPLAN- dures— ‘‘(J) support studies and demonstration and TATION PROGRAM. ‘‘(A) to prohibit any member of the Advisory outreach projects for the purpose of increasing (a) NATIONAL PROGRAM.—Section 379 of the Council who has an employment, governance, or the number of individuals who are willing to be Public Health Service Act (42 U.S.C. 274k) is financial affiliation with a donor center, re- marrow donors to ensure a genetically diverse amended to read as follows: cruitment organization, transplant center, or donor pool; and cord blood bank from participating in any deci- ‘‘SEC. 379. NATIONAL PROGRAM. ‘‘(K) facilitate research with the appropriate sion that materially affects the center, recruit- ‘‘(a) ESTABLISHMENT.—The Secretary, acting Federal agencies to improve the availability, ef- ment organization, transplant center, or cord through the Administrator of the Health Re- ficiency, safety, and cost of transplants from blood bank; and sources and Services Administration, shall by unrelated donors and the effectiveness of Pro- ‘‘(B) to limit the number of members of the one or more contracts establish and maintain a gram operations. C.W. Bill Young Cell Transplantation Program Advisory Council with any such affiliation. ‘‘(6) The Secretary, acting through the Advi- ‘‘(2) CORD BLOOD FUNCTIONS.—With respect to (referred to in this section as the ‘Program’), sory Council, shall submit to the Congress— cord blood, the Program shall— successor to the National Bone Marrow Donor ‘‘(A) an annual report on the activities car- ‘‘(A) operate a system for identifying, match- Registry, that has the purpose of increasing the ried out under this section; and ing, and facilitating the distribution of donated number of transplants for recipients suitably ‘‘(B) not later than 6 months after the date of cord blood units that are suitably matched to matched to biologically unrelated donors of bone the enactment of the Stem Cell Therapeutic and candidate patients and meet all applicable Fed- marrow and cord blood, and that meets the re- Research Act of 2005, a report of recommenda- eral and State regulations (including informed quirements of this section. The Secretary may tions on the scientific factors necessary to define consent and Food and Drug Administration reg- award a separate contract to perform each of a cord blood unit as a high-quality unit. ulations) from a qualified cord blood bank; the major functions of the Program described in ‘‘(b) ACCREDITATION.—The Secretary shall, ‘‘(B) consistent with paragraph (3), allow paragraphs (1) and (2) of subsection (d) if through a public process, recognize one or more transplant physicians, other appropriate health deemed necessary by the Secretary to operate an accreditation entities for the accreditation of care professionals, and patients to search by effective and efficient system that is in the best cord blood banks. means of electronic access all available cord interest of patients. The Secretary shall conduct ‘‘(c) INFORMED CONSENT.—The Secretary blood units made available through the Pro- a separate competition for the initial establish- shall, through a public process, examine issues gram; ment of the cord blood functions of the Program. of informed consent, including— ‘‘(C) allow transplant physicians and other The Program shall be under the general super- ‘‘(1) the appropriate timing of such consent; appropriate health care professionals to reserve, vision of the Secretary. The Secretary shall es- and as defined by the Secretary, a cord blood unit tablish an Advisory Council to advise, assist, ‘‘(2) the information provided to the maternal for transplantation; consult with, and make recommendations to the donor regarding all of her medically appropriate ‘‘(D) support studies and demonstration and Secretary on matters related to the activities cord blood options. outreach projects for the purpose of increasing

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.005 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12065 cord blood donation to ensure a genetically di- a suitable unrelated donor that is comparable to a method for integrating donor files, searches, verse collection of cord blood units; the probability that an individual who is not a and general procedures of the center or registry ‘‘(E) provide for a system of patient advocacy member of an underrepresented population with the Program. through the office established under subsection would have. ‘‘(g) CORD BLOOD RECRUITMENT; PRIORITIES; (h); ‘‘(B) The Program shall consider racial and INFORMATION AND EDUCATION.— ‘‘(F) coordinate with the qualified cord blood ethnic minority groups (including persons of ‘‘(1) RECRUITMENT; PRIORITIES.—The Program banks to support informational and educational mixed ancestry) to be populations that have shall support activities, in cooperation with activities in accordance with subsection (g); been identified for purposes of this paragraph, qualified cord blood banks, for the recruitment ‘‘(G) maintain and expand medical contin- and shall carry out subparagraph (A) with re- of cord blood donors. Such recruitment program gency response capabilities, in coordination spect to such populations. shall identify populations that are underrep- with Federal programs, to prepare for and re- ‘‘(2) INFORMATION AND EDUCATION REGARDING resented among cord blood donors. In the case spond effectively to biological, chemical, or radi- RECRUITMENT; TESTING AND ENROLLMENT.— of populations that are identified under the pre- ological attacks, and other public health emer- ‘‘(A) IN GENERAL.—The Program shall carry ceding sentence: gencies that can damage marrow, so that the ca- out informational and educational activities, in ‘‘(A) The Program shall give priority to sup- pability of supporting patients with marrow coordination with organ donation public aware- porting activities under this part to increase damage from disease can be used to support cas- ness campaigns operated through the Depart- representation for such populations in order to ualties with marrow damage; and ment of Health and Human Services, for pur- enable a member of such a population, to the ex- ‘‘(H) with respect to the system under sub- poses of recruiting individuals to serve as donors tent practicable, to have a probability of finding paragraph (A), collect, analyze, and publish of bone marrow, and shall test and enroll with a suitable cord blood unit that is comparable to data in a standardized electronic format, as re- the Program potential bone marrow donors. the probability that an individual who is not a quired by the Secretary, on the number and per- Such information and educational activities member of an underrepresented population centage of patients at each of the various stages shall include the following: would have. of the search process, including data regarding ‘‘(i) Making information available to the gen- ‘‘(B) The Program shall consider racial and the furthest stage reached, the number and per- eral public, including information describing the ethnic minority groups (including persons of centage of patients who are unable to complete needs of patients with respect to donors of bone mixed ancestry) to be populations that have the search process, and the reasons underlying marrow. been identified for purposes of this paragraph, such circumstances. ‘‘(ii) Educating and providing information to and shall support activities under subparagraph ‘‘(3) SINGLE POINT OF ACCESS; STANDARD individuals who are willing to serve as potential (A) with respect to such populations. DATA.— bone marrow donors. ‘‘(2) INFORMATION AND EDUCATION REGARDING ‘‘(A) SINGLE POINT OF ACCESS.—The Secretary ‘‘(iii) Training individuals in requesting indi- RECRUITMENT; TESTING AND DONATION.— shall ensure that health care professionals and viduals to serve as potential bone marrow do- ‘‘(A) IN GENERAL.—In carrying out the re- patients are able to search electronically for and nors. cruitment program under paragraph (1), the facilitate access to, in the manner and to the ex- ‘‘(B) PRIORITIES.—In carrying out informa- Program shall support informational and edu- tent defined by the Secretary and consistent tional and educational activities under subpara- cational activities in coordination with qualified with the functions described in paragraphs graph (A), the Program shall give priority to re- cord blood banks and organ donation public (1)(A) and (2)(A), cells from bone marrow donors cruiting individuals to serve as donors of bone awareness campaigns operated through the De- and cord blood units through a single point of marrow for populations that are identified partment of Health and Human Services, for access. under paragraph (1). purposes of recruiting pregnant women to serve ‘‘(B) STANDARD DATA.—The Secretary shall ‘‘(3) TRANSPLANTATION AS TREATMENT OP- as donors of cord blood. Such information and require all recipients of contracts under this sec- TION.—In addition to activities regarding re- educational activities shall include the fol- tion to make available a standard dataset for cruitment, the recruitment program under para- lowing: purposes of subparagraph (A) in a standardized graph (1) shall provide information to physi- ‘‘(i) Making information available to the gen- electronic format that enables transplant physi- cians, other health care professionals, and the eral public, including information describing the cians to compare among and between bone mar- public regarding bone marrow transplants from needs of patients with respect to cord blood row donors and cord blood units to ensure the unrelated donors as a treatment option. units. ‘‘(ii) Educating and providing information to best possible match for the patient. ‘‘(4) IMPLEMENTATION OF SUBSECTION.—The pregnant women who are willing to donate cord ‘‘(4) DEFINITION.—The term ‘qualified cord requirements of this subsection shall be carried blood bank’ means a cord blood bank that— out by the entity that has been awarded a con- blood units. ‘‘(iii) Training individuals in requesting preg- ‘‘(A) has obtained all applicable Federal and tract by the Secretary under subsection (a) to nant women to serve as cord blood donors. State licenses, certifications, registrations (in- carry out the functions described in subsection ‘‘(B) PRIORITIES.—In carrying out informa- cluding pursuant to the regulations of the Food (d)(1). tional and educational activities under subpara- and Drug Administration), and other authoriza- ‘‘(f) BONE MARROW CRITERIA, STANDARDS, graph (A), the Program shall give priority to tions required to operate and maintain a cord AND PROCEDURES.—The Secretary shall enforce, supporting the recruitment of pregnant women blood bank; for participating entities, including the Pro- to serve as donors of cord blood for populations ‘‘(B) has implemented donor screening, cord gram, individual marrow donor centers, marrow that are identified under paragraph (1). blood collection practices, and processing meth- donor registries, marrow collection centers, and ‘‘(3) TRANSPLANTATION AS TREATMENT OP- ods intended to protect the health and safety of marrow transplant centers— TION.—In addition to activities regarding re- donors and transplant recipients to improve ‘‘(1) quality standards and standards for tis- cruitment, the recruitment program under para- transplant outcomes, including with respect to sue typing, obtaining the informed consent of graph (1) shall provide information to physi- the transmission of potentially harmful infec- donors, and providing patient advocacy; cians, other health care professionals, and the tions and other diseases; ‘‘(2) donor selection criteria, based on estab- public regarding cord blood transplants from do- ‘‘(C) is accredited by an accreditation entity lished medical criteria, to protect both the donor nors as a treatment option. recognized by the Secretary under subsection and the recipient and to prevent the trans- ‘‘(4) IMPLEMENTATION OF SUBSECTION.—The (b); mission of potentially harmful infectious dis- requirements of this subsection shall be carried ‘‘(D) has established a system of strict con- eases such as the viruses that cause hepatitis out by the entity that has been awarded a con- fidentiality to protect the identity and privacy and the etiologic agent for Acquired Immune tract by the Secretary under subsection (a) to of patients and donors in accordance with exist- Deficiency Syndrome; carry out the functions described in subsection ing Federal and State law; ‘‘(3) procedures to ensure the proper collection (d)(2). ‘‘(E) has established a system for encouraging and transportation of the marrow; ‘‘(h) PATIENT ADVOCACY AND CASE MANAGE- donation by a genetically diverse group of do- ‘‘(4) standards for the system for patient ad- MENT FOR BONE MARROW AND CORD BLOOD.— nors; and vocacy operated under subsection (h), including ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(F) has established a system to confidentially standards requiring the provision of appropriate lish and maintain, through a contract or other maintain linkage between a cord blood unit and information (at the start of the search process means determined appropriate by the Secretary, a maternal donor. and throughout the process) to patients and an office of patient advocacy (in this subsection ‘‘(e) BONE MARROW RECRUITMENT; PRIOR- their families and physicians; referred to as the ‘Office’). ITIES; INFORMATION AND EDUCATION.— ‘‘(5) standards that— ‘‘(2) GENERAL FUNCTIONS.—The Office shall ‘‘(1) RECRUITMENT; PRIORITIES.—The Program ‘‘(A) require the establishment of a system of meet the following requirements: shall carry out activities for the recruitment of strict confidentiality of records relating to the ‘‘(A) The Office shall be headed by a director. bone marrow donors. Such recruitment program identity, address, HLA type, and managing ‘‘(B) The Office shall be staffed by individuals shall identify populations that are underrep- marrow donor center for marrow donors and po- with expertise in bone marrow and cord blood resented among potential donors enrolled with tential marrow donors; and therapy covered under the Program. the Program. In the case of populations that are ‘‘(B) prescribe the purposes for which the ‘‘(C) The Office shall operate a system for pa- identified under the preceding sentence: records described in subparagraph (A) may be tient advocacy, which shall be separate from ‘‘(A) The Program shall give priority to car- disclosed, and the circumstances and extent of mechanisms for donor advocacy, and which rying out activities under this part to increase the disclosure; and shall serve patients for whom the Program is representation for such populations in order to ‘‘(6) in the case of a marrow donor center or conducting, or has been requested to conduct, a enable a member of such a population, to the ex- marrow donor registry participating in the pro- search for a bone marrow donor or cord blood tent practicable, to have a probability of finding gram, procedures to ensure the establishment of unit.

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.005 H17DEPT1 H12066 CONGRESSIONAL RECORD — HOUSE December 17, 2005

‘‘(D) In the case of such a patient, the Office ‘‘(2) CONSIDERATIONS.—In awarding contracts ‘‘(3) The term ‘outcomes database’ means the shall serve as an advocate for the patient by di- under this section, the Secretary shall give con- database established by the Secretary under sec- rectly providing to the patient (or family mem- sideration to the continued safety of donors and tion 379A. bers, physicians, or other individuals acting on patients and other factors deemed appropriate ‘‘(4) The term ‘Program’ means the C.W. Bill behalf of the patient) individualized services by the Secretary. Young Cell Transplantation Program estab- with respect to efficiently utilizing the system ‘‘(l) ELIGIBILITY.—Entities eligible to receive a lished under section 379.’’. under paragraphs (1) and (2) of subsection (d) contract under this section shall include private (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- to conduct an ongoing search for a bone marrow nonprofit entities. tion 379B of the Public Health Service Act (42 donor or cord blood unit and assist with infor- ‘‘(m) RECORDS.— U.S.C. 274m) is amended to read as follows: mation regarding third party payor matters. ‘‘(1) RECORDKEEPING.—Each recipient of a ‘‘SEC. 379B. AUTHORIZATION OF APPROPRIA- ‘‘(E) In carrying out subparagraph (D), the contract or subcontract under subsection (a) TIONS. Office shall monitor the system under para- shall keep such records as the Secretary shall ‘‘For the purpose of carrying out this part, graphs (1) and (2) of subsection (d) to determine prescribe, including records that fully disclose there are authorized to be appropriated whether the search needs of the patient involved the amount and disposition by the recipient of $34,000,000 for fiscal year 2006 and $38,000,000 are being met, including with respect to the fol- the proceeds of the contract, the total cost of the for each of fiscal years 2007 through 2010.’’. lowing: undertaking in connection with which the con- (e) CONFORMING AMENDMENTS.—Part I of title ‘‘(i) Periodically providing to the patient (or tract was made, and the amount of the portion III of the Public Health Service Act (42 U.S.C. an individual acting on behalf of the patient) of the cost of the undertaking supplied by other 274k et seq.) is amended in the part heading, by information regarding bone marrow donors or sources, and such other records as will facilitate striking ‘‘NATIONAL BONE MARROW cord blood units that are suitably matched to an effective audit. DONOR REGISTRY’’ and inserting ‘‘C. W. the patient, and other information regarding the ‘‘(2) EXAMINATION OF RECORDS.—The Sec- BILL YOUNG CELL TRANSPLANTATION progress being made in the search. retary and the Comptroller General of the PROGRAM’’. ‘‘(ii) Informing the patient (or such other in- United States shall have access to any books, SEC. 4. REPORT ON LICENSURE OF CORD BLOOD dividual) if the search has been interrupted or documents, papers, and records of the recipient UNITS. discontinued. of a contract or subcontract entered into under Not later than 90 days after the date of enact- ‘‘(iii) Identifying and resolving problems in this section that are pertinent to the contract, ment of this Act, the Secretary of Health and the search, to the extent practicable. for the purpose of conducting audits and exami- Human Services, in consultation with the Com- ‘‘(F) The Office shall ensure that the fol- nations. missioner of Food and Drugs, shall submit to lowing data are made available to patients: ‘‘(n) PENALTIES FOR DISCLOSURE.—Any person Congress a report concerning the progress made ‘‘(i) The resources available through the Pro- who discloses the content of any record referred by the Food and Drug Administration in devel- gram. to in subsection (d)(4)(D) or (f)(5)(A) without oping requirements for the licensing of cord ‘‘(ii) A comparison of transplant centers re- the prior written consent of the donor or poten- blood units. garding search and other costs that prior to tial donor with respect to whom the record is The SPEAKER pro tempore. Pursu- transplantation are charged to patients by maintained, or in violation of the standards de- ant to the rule, the gentleman from transplant centers. scribed in subsection (f)(5)(B), shall be impris- Georgia (Mr. DEAL) and the gentle- ‘‘(iii) The post-transplant outcomes for indi- oned for not more than 2 years or fined in ac- woman from Colorado (Ms. DEGETTE) vidual transplant centers. cordance with title 18, United States Code, or ‘‘(iv) Information concerning issues that pa- both.’’. each will control 20 minutes. tients may face after a transplant. (b) STEM CELL THERAPEUTIC OUTCOMES DATA- The Chair recognizes the gentleman ‘‘(v) Such other information as the Program BASE.—Section 379A of the Public Health Service from Georgia. determines to be appropriate. Act (42 U.S.C. 274l) is amended to read as fol- GENERAL LEAVE ‘‘(G) The Office shall conduct surveys of pa- lows: tients (or family members, physicians, or other Mr. DEAL of Georgia. Mr. Speaker, I individuals acting on behalf of patients) to de- ‘‘SEC. 379A. STEM CELL THERAPEUTIC OUTCOMES ask unanimous consent that all Mem- DATABASE. termine the extent of satisfaction with the sys- bers may have 5 legislative days within ‘‘(a) ESTABLISHMENT.—The Secretary shall by tem for patient advocacy under this subsection, contract establish and maintain a scientific which to revise and extend their re- and to identify ways in which the system can be database of information relating to patients who marks and include extraneous material improved to best meet the needs of patients. have been recipients of a stem cell therapeutics on H.R. 2520. ‘‘(3) CASE MANAGEMENT.— The SPEAKER pro tempore. Is there ‘‘(A) IN GENERAL.—In serving as an advocate product (including bone marrow, cord blood, or for a patient under paragraph (2), the Office other such product) from a donor. objection to the request of the gen- shall provide individualized case management ‘‘(b) INFORMATION.—The outcomes database tleman from Georgia? services directly to the patient (or family mem- shall include information in a standardized elec- There was no objection. bers, physicians, or other individuals acting on tronic format with respect to patients described Mr. DEAL of Georgia. Mr. Speaker, I behalf of the patient), including— in subsection (a), diagnosis, transplant proce- yield myself such time as I may con- ‘‘(i) individualized case assessment; and dures, results, long-term follow-up, and such sume. ‘‘(ii) the functions described in paragraph other information as the Secretary determines to Mr. Speaker, I rise in strong support (2)(D) (relating to progress in the search proc- be appropriate, to conduct an ongoing evalua- tion of the scientific and clinical status of trans- of H.R. 2520, the Stem Cell Therapeutic ess). and Research Act of 2005. This legisla- ‘‘(B) POSTSEARCH FUNCTIONS.—In addition to plantation involving recipients of a stem cell the case management services described in para- therapeutics product from a donor. tion will expand the number of stem graph (1) for patients, the Office shall, on be- ‘‘(c) ANNUAL REPORT ON PATIENT OUT- cell options available to Americans half of patients who have completed the search COMES.—The Secretary shall require the entity suffering from life-threatening dis- for a bone marrow donor or cord blood unit, awarded a contract under this section to submit eases. provide information and education on the proc- to the Secretary an annual report concerning Every year, nearly two-thirds of the ess of receiving a transplant, including the post- patient outcomes with respect to each trans- approximately 200,000 patients in need plant center, based on data collected and main- transplant process. of a bone marrow transplant will not ‘‘(i) COMMENT PROCEDURES.—The Secretary tained by the entity pursuant to this section. shall establish and provide information to the ‘‘(d) PUBLICLY AVAILABLE DATA.—The out- find a marrow donor that matches public on procedures under which the Secretary comes database shall make relevant scientific in- within their families. These patients shall receive and consider comments from inter- formation not containing individually identifi- must rely on the help of strangers to ested persons relating to the manner in which able information available to the public in the donate bone marrow or transplant. To the Program is carrying out the duties of the form of summaries and data sets to encourage assist these patients, Congress estab- Program. The Secretary may promulgate regula- medical research and to provide information to lished the National Bone Marrow Reg- tions under this section. transplant programs, physicians, patients, enti- istry to quickly facilitate unrelated ‘‘(j) CONSULTATION.—In developing policies ties awarded a contract under section 379 donor affecting the Program, the Secretary shall con- registries, and cord blood banks.’’. donor transplants. Through this pro- sult with the Advisory Council, the Department (c) DEFINITIONS.—Part I of title III of the gram, Congress made a significant in- of Defense Marrow Donor Recruitment and Re- Public Health Service Act (42 U.S.C. 274k et vestment to connect patients with a search Program operated by the Department of seq.) is amended by inserting after section 379A rich source of stem cells that offer im- the Navy, and the board of directors of each en- the following: mediate clinical benefits. tity awarded a contract under this section. ‘‘SEC. 379A–1. DEFINITIONS. With scientific advances, Congress ‘‘(k) CONTRACTS.— ‘‘In this part: must now make changes to reflect new ‘‘(1) APPLICATION.—To be eligible to enter into ‘‘(1) The term ‘Advisory Council’ means the therapeutic options. Cord blood stem a contract under this section, an entity shall advisory council established by the Secretary submit to the Secretary and obtain approval of under section 379(a)(1). cell units have been shown to be a suit- an application at such time, in such manner, ‘‘(2) The term ‘bone marrow’ means the cells able alternative to adult bone marrow and containing such information as the Sec- found in adult bone marrow and peripheral for the treatment of many diseases, in- retary shall by regulation prescribe. blood. cluding sickle cell anemia. This is an

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.005 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12067 especially important advancement for ical research which is why I support it cures and treatments for a wide range those Americans who have desperately and why we passed it by such an over- of diseases, not just blood-related dis- searched for a bone marrow donor, but whelming majority last spring. What eases. could not find a suitable match, even we need to be clear about, though, is Unfortunately, the other body has with the help of the National Bone what this bill really will and will not not yet embraced the wisdom of the Marrow Registry. As another rich do; and we also need to be clear that people’s House. Here is what has hap- source of stem cells, cord blood trans- this bill is not a substitute for embry- pened in our country because of our plant is another chance at life for onic stem cell research, the Castle- failure to federally fund embryonic many patients. DeGette bill, H.R. 810, which is an im- stem cell research: As I think we can The bill before us today builds on the portant bill to advance scientific re- all agree, the National Institutes of critical investments we have made search to affect diseases that will po- Health is not only one of the foremost over the past two decades with the Na- tentially kill millions of Americans. institutions, probably the foremost in- tional Bone Marrow Registry and re- Like adult stem cells, umbilical cord stitution for medical research in the tools this design into a new, more com- stem cells have proven over the last world, but it also stands as the gold prehensive stem cell transplantation decade or so to be a reliable source of standard in the world in defining eth- program which will include not only blood-forming stem cells that are used ical research. Because NIH is not able bone marrow but cord blood units. as a technique to treat blood diseases to fund embryonic stem cell research, Through a competitive contracting like leukemia and lymphoma. That es- it is limited in its ability to define the process, this new program will allow tablished technique has led to about ethics for that research, certainly in transplant doctors and patients to ac- 600 cord blood transplants which were this country but definitely abroad. cess information about cord blood performed in the United States in 2004 Many here have heard about the em- units and bone marrow donors at the to treat blood disorders. But these cord bryonic stem cell studies that have same time through a single point of ac- blood cells are not regenerative and been done in South Korea, and frankly, cess. This new program does not create they are not reprogramming, which is Mr. CASTLE and I, the research commu- a preference for either cord blood or why they cannot be used to be made nity and others have warned for a long bone marrow. Instead, it will provide into other types of stem cells that can time that when you take embryonic comprehensive information about both cure other types of diseases besides stem cell research offshore, not only do sources to stem cells to doctors and pa- blood-related diseases. you lose your ethical ability to oversee tients and allow them to make the It is true that cord blood has been re- that research, but you also lose the clinically most appropriate choice. liably used for a number of years, and ability to make sure that the studies I would like to recognize Congress- that is why it is so important that we are done in a scientifically sound man- man BILL YOUNG. It is his drive and pass this cord blood registry. But we ner. We saw what we hoped to be some steadfast support for an idea of a na- must not overstate or exaggerate the tremendous advancements in South tional registry for bone marrow that capabilities of cord stem cells. Signifi- Korea last year, but now what we are lead to the program’s creation. Mr. cant limitations exists that must be seeing is news out of South Korea that YOUNG has continuously supported im- considered. the scientific method and also the eth- proving this program and does so today Unlike human embryonic stem cells, ics have been called into question. by reformatting the program’s design. I stem cells from umbilical blood cord If we allowed ethical stem cell re- am pleased that Congress is recog- cannot continually reproduce them- search, looked over by the National In- nizing his dedication by naming the selves. Instead of proliferating, they stitutes of Health, in this country, this new program the C.W. Bill Young Cell quickly evolve into specialized cells. would not happen, and we would have Transplantation Program. Umbilical cord stem cells cannot be in- advances in science fueled by the en- Lastly, I would like to note that duced to form diverse nonblood cell gine of the NIH but also overseen by through the discussions with the Sen- types, as I mentioned. Although some their ethical guidelines. ate, we have improved the original initial experiments appear to be prom- That is why we need to pass H.R. 810. House bill to make the program more ising, few stem cell researcher now be- We need to make sure that we bring effective, including improved patient lieve that umbilical cords will be a re- the ethics as well as the scientific advocacy and case management serv- liable source of replacement cells other method back under the umbrella of the ices. We have created a new demonstra- than blood cells. NIH so that we can continue to be a tion program to allow families with a Now, I support this very early re- leader in this research in the world. sick child who could be helped with a search that I talked about, as I support Mr. Speaker, it is time for the other cord blood transplant from a sibling to any kind of research that could lead to body of Congress to move forward on bank cord blood from newborns should stem cells that could cure diseases. But swift passage of H.R. 810 so that we can they decide to have another child. We these studies are few, and they have retain our leadership position in the have also expanded the clinical out- not shown conclusive results. world. comes database to include biologically Finally, umbilical cord stem cells are Again, I support the bill that is be- related donors in addition to unrelated in short supply. Only a small number fore us today. It is a very important donors. of cells can be obtained from each um- registry for cord blood, and it is also Finally, we require the Food and bilical cord, making it hard to obtain important for expansion of cord blood Drug Administration to provide a re- enough stem cells for treatment. for blood diseases that affect so many, port on its progress in developing licen- including in the minority community, 1600 sure requirements for cord blood units. b but we also need to move forward with Mr. Speaker, I reserve the balance of Because of the limitations, we must H.R. 810 so that we can have scientific my time. also support embryonic stem cell re- progress that is done in an ethical Ms. DEGETTE. Mr. Speaker, I yield search. I do not need to tell the House manner and that will cover the water- myself such time as I may consume. that, though, because we already did front in curing diseases that will affect Mr. Speaker, I want to thank my col- that with support from both sides of millions of Americans. league and friend from Georgia on the the aisle. Mr. Speaker, I reserve the balance of Energy and Commerce Committee for Last May, this House passed both the my time. his leadership on issues like this. umbilical cord stem cell legislation Mr. DEAL of Georgia. Mr. Speaker, I Mr. Speaker, I rise today in support along with H.R. 810, the Stem Cell Re- ask unanimous consent that the gen- of this legislation; however, I am con- search Enhancement Act. H.R. 810, co- tleman from Texas (Mr. BURGESS) be cerned that the other body has chosen sponsored by myself and Congressman allowed to control the remainder of the to send us only the cord blood bill MIKE CASTLE, expands the number of time on our side. today. This bill is essentially the same embryonic stem cell lines that are eli- The SPEAKER pro tempore (Mr. bill that the House passed last May by gible for federally funded research. The BOOZMAN). Is there objection to the re- a vote of 431–1. The legislation is im- goal of the legislation is to accelerate quest of the gentleman from Georgia? portant, and it will help advance med- scientific progress toward life-saving There was no objection.

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.025 H17DEPT1 H12068 CONGRESSIONAL RECORD — HOUSE December 17, 2005 Mr. BURGESS. Mr. Speaker, I yield 3 who has worked so hard. She is amaz- the lead author, Dr. Maria Escolar, now re- minutes to the gentleman from New ing. John Cusey, on September 11, 2001, ports of the oldest survivor that the seven- Jersey (Mr. SMITH). put together our first drafting meeting year-old is ‘‘now running, jumping and doing Mr. SMITH of New Jersey. Mr. on this legislation. He too is amazing. well in school.’’ Earlier this month, Michelle Speaker, I thank my friend for yielding That is how far back it goes. It has Farrar from Leesburg, Virginia, traveled to me the time. been a long time coming, and so many South Korea to be treated for her spinal cord Mr. Speaker, it occurred to me on the others. Cheryl Jaeger, Chuck Clapton, injury. True hope exists for countless other way to work this afternoon that it is Kikki Kless in the Speaker’s Office, Ni- medical conditions, ranging from heart attacks especially fitting that during this sea- cole Gustafson and Autumn Fredericks to muscular dystrophy to diabetes. son of holiness and faith and sur- in the ProLife Caucus, Eric Euling in Just over a month ago, Dr. Brian Mason, an passing religious significance that Con- Senator FRIST’s office and Doug OB/GYN at Detroit’s St. John Hospital, ex- gress send to the President a bill de- Branch with Senator BROWNBACK and plained that ‘‘People literally are dying on the signed to effectuate cures of some of some of the others were outstanding. I transplant list who could be cured with this.’’ I the most devastating diseases and can- will put the full statement in regarding am so happy that for those people, delayed cers on earth. all the many, many fine people who action on this bill has ended. No longer will Not only has God in His wisdom and worked on this. they be denied access to the cures that are goodness created a placenta and umbil- I will insert the remainder of my out there. Those suffering from the nearly 70 ical cord to nurture and protect the statement and the material I referred often terminal diseases will now get the cures precious life of an unborn child, but to previously at this point in the that the legislation will make available to them. now we know that another gift awaits RECORD. The door to the treatments that have cured us immediately after birth. Something Cord-blood stem cells are, as we speak, people like Keone Penn, Steven Sprague, and very special is left behind, cord blood treating and curing patients. Amazingly, we Jacklyn Albanese will now be opened for thou- that is teeming with life-saving stem are on the threshold of systematically turning sands of others. cells. Indeed, it is one of the best kept medical waste, umbilical cords and placentas, As I mentioned before, there are so many secrets in America that umbilical cord into medical miracles for huge numbers of people who deserve thanks in helping get this blood stem cells and adult stem cells very sick and terminally ill patients who suffer bill moved through the legislative process on are curing people of a myriad of ter- from such maladies as leukemia and sickle both sides of the Hill. Among those people are rible conditions and disease and are cell anemia. And because this legislation pro- Rich Doerflinger and Mark Gallagher from the now showing the plasticity and motes cord-blood research as well, we can ex- U.S. Conference of Catholic Bishops, Dr. pluripotency that my previous col- pect new and expanded uses of these very David Prentice and David Christensen from league just mentioned. So I would has- versatile stem cells. the Family Research Council, the staff of the ten to correct the gentlelady from Col- For the first time ever, our bill establishes a New York Blood Center including Pablo orado that cord blood stem cells are nationwide stem cell transplantation system. It Rubenstein, Cladd Stevens, and Kathleen not just for blood-related diseases, it also authorizes the national bone marrow Reichert, Sue Ramthun who has been so per- also has the capability increasingly, as transplant system and combines both under a sonally invested in this issue, Dr. Edward research shows, to do other miraculous new program, providing an easy, single-ac- Guindi at Cordus and NBA Hall of Famer Ju- things as well. cess point for information for doctors and pa- lius ‘‘Dr. J’’ Erving, Richie Weiblinger with the Let me just remind Members that we tients and for the purpose of collecting and Senate Budget Committee, and the folks at passed this legislation 6 months ago. analyzing outcomes data. Concerned Women for American, Focus on Many things have happened since those The cord blood stem cell portion of this bill the Family, and the Susan B. Anthony List. I 6 months. Much progress has been will provide federal funding to increase the am ecstatic that we are passing it through made. This bill law will establish a na- number of cord blood units available to match here today and getting it to the President, so tional program to collect upwards of and treat patients. The goal is to reach a total that we may set up this network that will abso- 150,000 units, with great diversity, so inventory of 150,000 units so that matched lutely save thousands of lives. Ms. DEGETTE. Mr. Speaker, I am de- that most Americans who suffer from stem cells will be available to treat more than lighted to yield 21⁄2 minutes to the gen- anomalies that could be cured by cord 90 percent of patients, especially focusing on tleman from Alabama (Mr. DAVIS). blood will be able to get it. providing genetic diversity. The legislation Mr. DAVIS of Alabama. Mr. Speaker, Let me thank so many people, the would also link all the cord blood banks par- I thank my friend from Colorado for Speaker, TOM DELAY, ROY BLUNT, JOE ticipating in the inventory program into a yielding. BARTON whom we all pray for and wish search system that would allow transplant Let me first begin by congratulating a very speedy recovery. Let me thank physicians to search for cord blood and bone my friend from New Jersey (Mr. SMITH) my friend on the other side of the aisle, marrow matches through a single access for what he has done in the last several the gentleman from Alabama (Mr. point. The national program would promote years, and I thank my friend from New DAVIS) and the Congressional Black stem cell research by requiring any partici- Jersey for letting me walk just a short Caucus for the yeoman’s work that pating cord blood banks to donate units not stem of this path with you. You asked they expended in getting this legisla- suitable for transplant because of disease or me a couple of years ago to join you as tion first passed in the House, then size to researchers who are working on new the lead Democratic sponsor on this passed over on the Senate side, because applications for cord blood stem cells. The Na- bill, but let the record very clearly re- there was a Democratic hold on it re- tional Bone Marrow Registry authorization ex- flect that way before that this was a grettably, TOM HARKIN, but then he pired on September 30, 2003. The bill reau- cause of yours. It was something you lifted it. thorizes an updated program through fiscal believed in very strongly, and I thank Let me especially thank Senator year 2010 for $34 million in FY06 and $38 mil- you for your persistence, and I thank FRIST for the good work he did; SAM lion for each additional year of the program. you for your courage on this issue. BROWNBACK; MIKE ENZI; ORRIN HATCH; In the more than 6 months since we passed Let me just say a couple of things. JON KYL; so many others as well as so this bill, even more advances have been made First of all, I want to thank our col- many here; the gentleman from Florida in the field. Peer-reviewed studies have been leagues in the Senate. As the gen- (Mr. WELDON); the gentleman from published showing increased plasticity and tleman from New Jersey just said, ini- Pennsylvania (Mr. PITTS); the gen- flexibility. In August, it was released that cord tially, there was a reluctance to move tleman from California (Mr. DANIEL E. blood stem cells are as flexible as embryonic this bill in the Senate, not because of LUNGREN); the gentleman from Indiana stem cells. Two young Maryland siblings have any doubts about the substance of the (Mr. PENCE) and I could go on and on. been cured of severe combined immune defi- bill. This bill has been the classic ex- I have a list of three pages of people ciency syndrome by cord blood from unrelated ample of uncontroversial legislation, who have been instrumental in getting donors. Victims of Krabbe’s and Hurler’s dis- but there were some in the Senate who this legislation to the point where it eases have found new hope in cord blood believed that this bill should not be will be passed and sent down to the treatments—these are severe genetic neuro- given a vote unless the stem cell bill President for signature. logical diseases that kill most of their victims was given a vote. Let me especially thank Cassie before they reach 2 years old. A Duke Univer- I understood the force of their argu- Bevan in the Majority Leader’s Office sity group treated newborns with cord blood— ment. I voted for the stem cell bill on

VerDate Aug 31 2005 04:08 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.026 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12069 this side. I understood the political and promote research in cord blood cell anemia. I had the opportunity to analysis they were making, but every stem cell research. treat sickle cell anemia in my clinical now and then, this Chamber gets to do This is a bill we can truly support. I practice, and I can tell my colleagues something that shines beyond politics. urge my colleagues to vote for this leg- here that is one of the most unfortu- Every now and then, this Chamber gets islation that will help create new hope nate conditions to see a young child to find something that we can give the and new opportunities for doctors and writhing in pain on a gurney in an American people that does not admit patients who are urgently seeking emergency room in a sickle cell crisis. to a liberal or conservative or Demo- cures. And to be told that cord blood stem crat or Republican level, and in the God always gives us a spare part. cells have cured children with sickle last 24 hours, that happened. Umbilical cords are that spare part. cell anemia, I never thought in my life So I thank Senator HARKIN and I Ms. DEGETTE. Mr. Speaker, I am that I would actually see the day when thank Senator REID for deciding to happy to yield 2 minutes to the gen- sickle cell anemia could be cured. take the politics out of this issue, on tleman from Illinois (Mr. LIPINSKI). This bill authorizes funds for the ex- our side of the aisle, Democratic side. I Mr. LIPINSKI. Mr. Speaker, I would pansion of the existing bone marrow thank them for letting this bill come like to thank my friend from Colorado bank, which is a bank that essentially to a vote, and this is a good Christmas for yielding me time. I am registered with. It has my name, present to give to many families Mr. Speaker, this is a great day for and if somebody needs a transplant, around this country who have the trag- the countless number of Americans they can try to find me and get my edy of sickle cell anemia, who have the who may receive the gift of health and blood, but in this case, we are taking tragedy of diabetes in their family and prolonged life because of what will be the placental blood and the cord blood from 3 million live births a year and who count on some look to science to provided in this bill. creating a bank so that everybody improve it. Cord blood and bone marrow stem would have a match and the potential The final point that I will make, I cell treatments have been proven effec- for regenerative medicine would be will pick up on what my friend, the tive in combating over 65 different de- here and now. gentlewoman from Colorado (Ms. bilitating diseases, including leukemia, DEGETTE), said. I happen to think that sickle cell anemia and osteoporosis. b 1615 God gave us the power of genius for a Cord blood transplants have proven So I am very, very pleased that we reason. God gave us the power of ge- to be a viable alternative for those are bringing this to the floor. I am very nius to somehow close the gap between with difficulty finding an exact bone glad it is finally going to move on to this imperfect world and what we could marrow match. Since the match does the President’s desk, because people be. This is an example of that power of not have to be exact, this research ben- will be helped by this now. I am also genius being used to save lives. efits both children and adults alike and very delighted to have been part of it, I agree with her that stem cell re- is especially helpful for people of var- and Mr. SMITH deserves a tremendous search is an example of the power of ious races and ethnicities. This bill will amount of credit for his unflagging ef- genius. So I simply say in conclusion, offer a much greater opportunity for a forts on this. this is what happens when we find a cure for thousands of Americans Ms. DEGETTE. Mr. Speaker, I am paradigm, a way of talking about around this country who often struggle pleased to yield 2 minutes to the gen- issues that cuts us out of the crisscross with blood matches. tleman from Delaware (Mr. CASTLE), of politics. But cord blood also holds the great my compadre and cosponsor of H.R. This is good legislation. I thank the potential of producing pleural poten- 810. gentleman from New Jersey for work- tial cells that could cure many other Mr. CASTLE. Mr. Speaker, I thank ing with me on it and urge the Mem- diseases such as juvenile diabetes, a the gentlewoman from Colorado for bers of this House to pass it. disease that I live with every day. yielding me this time, and I am also Mr. BURGESS. Mr. Speaker, it is Mr. Speaker, I am proud that we are pleased to rise in support of this legis- now my pleasure to yield 2 minutes to acting to advance the possibility that lation, as we did before when it was on the gentlewoman from Ohio (Mrs. this type of treatment will provide. A the floor of the House of Representa- SCHMIDT). national cord blood bank will facilitate tives. I think it does make a difference. (Mrs. SCHMIDT asked and was given the expanded use of proven treatment But we do need to understand some permission to revise and extend her re- to improve the health of so many of the differences amongst the various marks.) Americans inflicted with these horrible things that we are talking about, be- Mrs. SCHMIDT. Mr. Speaker, I thank diseases. This is a great Christmas gift cause this is essentially dealing with a the gentleman from Texas for yielding of health to the American people. blood type of stem cell. It is great for use in a lot of blood diseases, as has me this time. Mr. BURGESS. Mr. Speaker, it is Mr. Speaker, I rise in strong support now my pleasure to yield 2 minutes to been pointed out, particularly leu- kemia, lymphoma, and perhaps others of H.R. 2520, the Stem Cell Therapeutic the gentleman from Florida (Mr. at a later time. Research Act. Cord blood is already WELDON), someone who has really been But even with those benefits, we need making a groundbreaking difference in a leader in this issue. to stress some of the limitations. And the treatment of patients who are suf- Mr. WELDON of Florida. Mr. Speak- one of them is just the difficulty of get- fering from over 67 diseases, including er, I thank the gentleman from Texas ting these and the lack of them. I have leukemia and sickle cell disease. Cord for yielding me the time, and I rise in actually visited a storage location for blood is tremendously versatile. Its strong support of this piece of legisla- these and have seen that as a real prob- transplants do not require exact tion. I am extremely pleased that we lem. matches. It is frozen, and it is ready to were able to see the Senate finally Embryonic stem cells, which are in go. It works for adults. Cord blood ben- move it forward and that it is going to H.R. 810, which Senator FRIST promises efits minority patients who have dif- move from here on to the President’s will be brought up sometime in the ficulty finding exact matches and oth- desk. course of the next year, do not have ers with rare tissue types. The reason I am very pleased is this those limitations. It allows these em- The possibilities for cord blood in re- is not theoretical, as some treatment bryonic stem cells to be used in a way search are almost limitless since cord modalities that we often talk about in that they could be formed into any blood can potentially become any cell this body. This is real and now. There stem cell in your body, and that is just type in the body, and it is plentiful, have been 67 different diseases in hu- not true of the cells that are before us since it is derived from umbilical cords mans reported in the medical lit- here today. They have the potential to that hospitals routinely discard. erature successfully treated with cord treat a wide range of diseases and inju- H.R. 2520 will provide Federal funding blood. So we are not even talking ries because they can reproduce them- to increase the number of cord blood about research anymore. We are talk- selves almost indefinitely. The best units available for patient genetic ing about clinical applications. scientific evidence in this country indi- matching and treatment, link all cord Indeed, one of those diseases I am cates that umbilical stem cells can do blood banks in a searchable inventory most excited about, and that is sickle neither at this time.

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.027 H17DEPT1 H12070 CONGRESSIONAL RECORD — HOUSE December 17, 2005 My point is this: we need, as far as I the university, helped cure him of a blood-related diseases. In my district, I am concerned, to advance all of this very severe form of sickle cell anemia have a lot of young children who have type of research. That is really what it with treatment from cord blood. An- sickle cell disease. These cord blood is all about. We need to give people an thony Dones, who had a cord blood cells would certainly help in furthering opportunity. We need to understand transplant, was cured of a very rare their lives. that one out of three people in the form of osteoporosis using cord blood. I ask all my colleagues to please sup- United States of America, and I assume Katherine Marguerite Sutter, at only 5 port H.R. 2520. I believe it should pass across the world, and perhaps a greater months was diagnosed with AML. She today. percentage across the world, suffer too was cured by use of cord blood, and Mr. BURGESS. Mr. Speaker, I am from some type of disease that could be the story I like the most, because on pleased to yield 2 minutes to the gen- helped by stem cell research. the Web site for the New York Cord tleman from Nebraska (Mr. For that reason, in my judgment, we Blood Center, it shows a picture of her FORTENBERRY). need to do everything in our power in her wedding gown. She suffered Mr. FORTENBERRY. Mr. Speaker, here in the Congress of the United through transfusions for 20 years be- this is a bright day for many individ- States to pass any of this legislation fore she too was cured with cord blood. uals suffering from previously untreat- that would help advance the medical Mr. Speaker, I am very pleased to be able diseases, and I commend our col- research that could save or help the here today and also very pleased to leagues in the Senate for passing the lives of so many people across the have bipartisan support for this bill, Stem Cell Therapeutic Research Act of United States and across the world. because it will help many, many more 2005. It was the right thing to do. It For that reason, I absolutely support people tomorrow. will save many lives and avoid the this legislation. Ms. DEGETTE. Mr. Speaker, I am ethically divisive issue of the destruc- But I would beseech everybody to happy to yield 2 minutes to the gentle- tion of human embryos for stem cell really understand the science and the woman from California (Ms. research. medicine behind all of the stem cell MILLENDER-MCDONALD). As we have heard today, cord blood legislation, including embryonic stem Ms. MILLENDER-MCDONALD. Mr. stem cells have helped effectively treat cell legislation, so that we can come to Speaker, I want to thank Representa- over 67 diseases in human beings, in- agreement as to complete stem cell re- tive CHRIS SMITH for his tireless efforts cluding leukemia, sickle cell, lupus, search to aid everybody. And the soon- in bringing this very important life- multiple sclerosis, type I diabetes, Par- er we do that, the better. Every day saving legislation forward and getting kinson’s, and even blindness. Cord that is lost is a day that somebody is me to work with him to get the Senate blood cells show great promise for going to be ill longer. And we need to to do the right thing and put this for- helping spinal cord patients, many of get about it as soon as we possibly can. ward. whom have experienced improved sen- Mr. BURGESS. Mr. Speaker, I am I would also like to say I supported sation and movement from cord blood pleased to yield 2 minutes to the gen- the stem cell research bill also because stem cell treatments. tlewoman from Pennsylvania (Ms. I feel it has a broader significance to Cord blood stem cells also possess the HART). lifesaving measures. In this 21st cen- regenerative flexibility to form vir- Ms. HART. Mr. Speaker, I thank the tury, we cannot afford to not look at tually every type of human tissue. And gentleman for yielding me this time both of these as provisions for helping research has shown these cells are far and for the opportunity to speak in to save the lives of American people. less susceptible to transplant rejection support of this bill. This is why I stand before you today in than bone marrow. I was here when we passed the bill on support of H.R. 2520. I want to commend my colleague, the House side earlier in the year; and Too many members of the minority Mr. SMITH, for his tireless effort in this I am very pleased, especially pleased population live with life-threatening regard, and for the leadership of Mr. today, that the Senate chose to agree diseases. We must provide them with DAVIS on this important issue. Their with us that this is an exceptionally the benefits of cord blood stem cells. efforts transcend political differences. valuable treatment now. And it is one Cord blood stem cells can be used for Mr. Speaker, this bill truly represents that we must address and make more bone marrow reconstitution by trans- good science. easily available to all Americans now. plantation to recipients with certain Ms. DEGETTE. Mr. Speaker, I yield People talk about all different kinds abnormalities such as leukemia and 11⁄2 minutes to the gentlewoman from of stem cell research, but cord blood lymphoma, genetic disorders such as Texas (Ms. JACKSON-LEE). stem cells are being used today. Cord sickle cell anemia, and acquired dis- Ms. JACKSON-LEE of Texas. Mr. blood has cured people today. Cord eases. Speaker, I want to thank the distin- blood, if made available, can cure a The promise of using stem cells for guished gentlewoman from Colorado whole lot of people tomorrow. It is rich medical treatment has been the focus for yielding me this time and for the in the type of stem cell that is similar of research projects that are showing leadership she has given, along with to those found in bone marrow, and encouraging results. Cord blood stem the Congressman from Delaware on bone marrow transplants have been cells have been triggered to differen- this stem cell legislation, and we hope done for years. However, cord blood is tiate into neural cells, which could that we will see that move. better. Physicians tell us that it is a lead to treatments for diseases such as I want to thank Mr. SMITH, Mr. better treatment and a treatment that Alzheimer’s and Parkinson’s. They DAVIS, Ms. MILLENDER-MCDONALD, and is more likely to be successful. have also proven their ability to turn the many others who have been so sup- It makes sense for us in Congress to into blood vessel cells, which could portive on this legislation, the collec- work hard to try to fund the NIH to someday benefit treatment for heart tion and maintenance of human cord help cure diseases. It makes most sense disease, allowing patients to essen- blood stems. Just a few minutes from for us to help make available cures tially grow their own bypass. now we will be discussing the NASA re- that are already known to work. This We need the hope that cord blood authorization bill, and I raise that bill will allow more collection of cord stem cells can bring. Sickle cell ane- point because I believe it is the mission blood stem cells. It will allow the col- mia is the most common inherited of the United States to be at the fore- lection and storage of those from di- blood disorder in the United States, af- front of science and research to save verse populations that currently may fecting 70,000 to 80,000 Americans. The lives. not be able to access this kind of treat- disease occurs in approximately one in The world looks to our leadership, ment. It will help many, many more 500 African American newborns. People our labs, our scientists, our inventors, people who can be cured with cord with sickle cell disease have a dimin- our medical professionals as they do to blood to be cured. ished quality of life and greatly en- the Texas Medical Center to be able to That is what we are about here, Mr. hanced fatality rate. add enhancement to the quality of Speaker. The story of Keone Penn, who The suffering has gone on far too lives. In my community alone, I realize actually had a connection to my home- long. We must use every resource at that the organizations that fight town of Pittsburgh, his doctor, now at our disposal to cure this and other against leukemia, multiple sclerosis,

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.029 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12071 lupus, and sickle cell anemia are look- two-step process, and that is passage of I have heard diseases like Alz- ing forward to the passage of this legis- this cord blood bill which, as I said, we heimer’s and Parkinson’s referenced. lation and a new day of research. passed last May in this House by an Alzheimer’s and Parkinson’s, unfortu- Those newborn African American ba- overwhelming vote. nately, are unlikely to be cured by um- bies who are born with sickle cell also The second step, of course, will be bilical cord stem cells, but they are will benefit from this kind of research. when the other body passes H.R. 810, also unlikely to be cured by embryonic But this does not highlight a particular which also passed last May, and when stem cell research. The promise for minority group. This research, this that bill is finally signed into law. cure for these diseases lies in protein maintenance of the human cord blood The two bills working together will science and our understanding of the stem cells will in actuality provide the greatly expand availability of research human genome, not in stem cell re- underpinnings of the research for all and of cures for Americans who suffer search. kinds of medical science. not just from blood-related diseases This bill is a good bill because it au- So I ask my colleagues to support but from diseases like Alzheimer’s, thorizes a significant amount of money this legislation. And the important as- Parkinson’s, nerve damage, and so for the collection, the documentation pect of it singularly is for America to many other diseases that cannot be and the maintenance of 150,000 new take her rightful and prominent place reached simply by cord blood. That is stem cell lives. These are in medical research to save lives the day that a true dawning of a new pluripotential cells. around the world. scientific era will occur in this coun- What has changed since we had our Mr. BURGESS. Mr. Speaker, I am try. debate on the stem cell lines here last pleased to yield 2 minutes to the gen- This is a good bill today, and I urge spring? Well, we have read a lot of stuff tleman from California (Mr. DANIEL E. all of my colleagues to support it, and in the newspapers just the past 2 weeks LUNGREN). I want to thank my colleagues on both about some of the changes, some of the Mr. DANIEL E. LUNGREN of Cali- sides of the aisle for their co-sponsor- research that has now been withdrawn. fornia. Mr. Speaker, I rise in strong ship. But let us be clear exactly what Think about this, Mr. Speaker: We do support of H.R. 2520. The fact of the this bill does. It authorizes a new not even know what research is just matter is, I believe all of us would like granted program to provide subsidies out there over the horizon. What if we to support the application of science to cord blood stem cell banks to expand unlock some of the proteinemic keys and technical research to the problems the inventory of high quality cord that allow us to understand what sig- of the day. There are times when we blood units. It sets up a registry for nals one cell to another? What if we have moral dilemmas, and reference cord blood, which will in some cases could make the umbilical cord stem has been made to another bill involving take the place of bone marrow trans- cell behave more like the embryonic embryonic stem cells which does divide plants which it is beginning to super- stem cell? Think of that, Mr. Speaker. many people in this country because of sede. This will be enormously impor- Then we have got 150,000 lines banked the ethical dilemma that is presented. tant, particularly for sickle cell pa- That is why it is so wonderful we and ready to go when that research tients who will be helped. The bill also have come today in support, those who which is being done in my home State authorizes research on the clinical out- may find themselves on the other side of Texas at the University of Texas comes of patients who are recipients of of the dilemma in the other respect, Southwestern Medical School, if that a stem cell therapeutics product from and come in common support for the research shows the promise that it one biologically related and unrelated do- cord blood stem cell bill. This is both a day may, we will have 150,000 cell lines nors. That is what this bill does. This therapeutic and research bill. It is banked and ready to go. bill does not set up any cures for any Mr. Speaker, this procedure, this therapeutic in that it affords the bank- diseases, nor does it do anything to put technique, this ability to bank umbil- ing of units that will be allowed to help ethical controls onto stem cell re- ical cord cells allows for there to be people now, diseases that can be af- search and other types of research that greater diversity within the marrow fected by the use of these units now. So much of what we do here is theo- are scientifically being explored now donor pool than was previously known. retical. We hope that things might be and need the oversight of the National It has been difficult to get minority accomplished by what we do. But we Institutes of Health. populations to become marrow donors. know that this will accomplish success So this is a good start. I commend all Now we will be able to collect that cell right away. Secondly, it allows for re- my colleagues. It is going to make us material at the time of birth pain- search to see how far we can go in this all feel good to go home for the holi- lessly, at no risk to anyone, material area. It gives the opportunity for this days knowing that certain classes of that was otherwise going to be dis- which would otherwise be thrown patients will be helped. But I would say carded, and it will be put into these away, placenta blood and the blood to my friends on both sides of the aisle, stem cell lines. And the database will from the cord that is thrown away now let us not stop there. In the second ses- be there for people to reference and on every single day, to be utilized for sion of this Congress, let us take the find these life-saving cures that will be both research and for life-giving pur- bold scientific step necessary to pro- now available by umbilical cord stem poses. vide cures for diseases that affect tens cells. of millions of Americans and citizens We are expanding America’s inven- b 1630 around the world. tory of cord blood cells today, and that Mr. Speaker, if I had the ability to, I Mr. Speaker, I yield back the balance is a good thing for all Americans. would change the name of this bill to of my time. Whether they are sick or not, one day the Giving Life Twice bill, once with Mr. BURGESS. Mr. Speaker, I yield they may need this technology. We the production of new life and secondly myself the remaining time. have the ability and the capacity with- with the use of that blood that other- Mr. Speaker, I believe this is a bold in our hands to expand this program wise would be thrown away to help scientific step to pass this legislation and save American lives, and I say that someone else sustain their life; or we today, and I am pleased that the Sen- is a good thing. could call this the Lifeline bill. We are ate released their hold on it and passed Ms. EDDIE BERNICE JOHNSON of Texas. extending a lifeline of hope to those this bill. It is good legislation. Mr. Speaker, I rise today in support of H.R. who otherwise would have no hope. We heard during the arguments on 2520, the Stem Cell Therapeutic and Re- This is a joyous day here in this the previous bill that was debated here search Act of 2005. body. People may disagree on other on the floor, science certainly moves a Long before my days as the Ranking Mem- matters, coming together in strong lot more swiftly than the legislative ber on the Research Subcommittee, I have support for a bill that will save lives process, and that is certainly true in been a strong advocate of all types of re- and save lives now. this case today. By allowing this bill, search. Ms. DEGETTE. Mr. Speaker, I yield we are going to allow hundreds, per- Stem cell research holds the potential to myself the balance of my time. haps thousands of Americans the op- help paralyzed people walk, help blind people Mr. Speaker, today we are fortunate portunity for a cure that we were with- see, and re-generate organ tissue without im- to take the first step of what I see as a holding by delaying passage of this bill. mune rejection.

VerDate Aug 31 2005 02:23 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K17DE7.036 H17DEPT1 H12072 CONGRESSIONAL RECORD — HOUSE December 17, 2005 As our colleagues on the other side of the dividends, not just for New Jersey, but for so- the Secretary shall provide, from the funds Capitol concur, H.R. 2520 is a good start. This ciety. New Jersey understands that it is ethical appropriated under paragraphs (1)(B)(i) and bill would allow the Secretary of Health and and wise to invest in research that will benefit (2)(A) of subsection (d) and allotted to the State under paragraph (2), a grant for the Human Services to work with cord blood so many. The Federal Government must rec- losses incurred by the State in connection banks to collect and maintain cord blood for ognize this fact as well. with the operation of the pool. the purpose of stem cell research. Again, I congratulate New Jersey for sup- ‘‘(2) ALLOTMENT.—Subject to paragraph (4), The cord blood would be collected with in- porting ground-breaking research on embry- the amounts appropriated under paragraphs formed consent, in a manner that complies onic stem cells. I ask unanimous consent to (1)(B)(i) and (2)(A) of subsection (d) for a fis- with Federal and State regulations, and from a include a list of the researchers who have re- cal year shall be allotted and made available genetically diverse population. ceived these important stem cell research to the States (or the entities that operate It is my hope that this legislation will give us the high risk pool under applicable State grants in the RECORD. law) that qualify for a grant under paragraph a taste of the marvelous potential of stem cell Mr. BURGESS. Mr. Speaker, I yield (1) as follows: research, and I urge my colleagues to support back the balance of my time. ‘‘(A) An amount equal to 40 percent of such this legislation. The SPEAKER pro tempore (Mr. appropriated amount for the fiscal year shall Mr. HOLT. Mr. Speaker, I rise to congratu- BOOZMAN). The question is on the mo- be allotted in equal amounts to each quali- late the State of New Jersey on its national tion offered by the gentleman from fying State that is one of the 50 States or the leadership in efforts to treat deadly and debili- Georgia (Mr. DEAL) that the House sus- District of Columbia and that applies for a tating illnesses. Yesterday, New Jersey be- pend the rules and concur in the Sen- grant under this subsection. came the first State in the Nation to award ‘‘(B) An amount equal to 30 percent of such ate amendment to the bill, H.R. 2520. appropriated amount for the fiscal year shall public funds to conduct human embryonic The question was taken. be allotted among qualifying States that stem cell research. The SPEAKER pro tempore. In the apply for such a grant so that the amount al- Under the leadership of Acting Governor opinion of the Chair, two-thirds of lotted to such a State bears the same ratio Richard Codey and NJCST Executive Director those present have voted in the affirm- to such appropriated amount as the number Sherrie Preische, the New Jersey Commission ative. of uninsured individuals in the State bears on Science and Technology (NJCST) will Mr. BURGESS. Mr. Speaker, on that to the total number of uninsured individuals award 17 grants totaling $5 million to sci- (as determined by the Secretary) in all quali- I demand the yeas and nays. fying States that so apply. entists at corporate, non-profit, and university The yeas and nays were ordered. ‘‘(C) An amount equal to 30 percent of such laboratories to research the potential of stem The SPEAKER pro tempore. Pursu- appropriated amount for the fiscal year shall cells as a means to diagnose, treat, cure, and ant to clause 8 of rule XX and the be allotted among qualifying States that prevent disease. Each scientist will receive Chair’s prior announcement, further apply for such a grant so that the amount al- around $300,000 to conduct their research. proceedings on this question will be lotted to a State bears the same ratio to Three of these grants will go to scientists re- postponed. such appropriated amount as the number of individuals enrolled in health care coverage searching embryonic stem cells. f Since the formation of the New Jersey Stem through the qualified high risk pool of the State bears to the total number of individ- Cell Institute, New Jersey has established STATE HIGH RISK POOL FUNDING EXTENSION ACT OF 2005 uals so enrolled through qualified high risk itself as a leader in furthering potentially life- pools (as determined by the Secretary) in all saving research on adult stem cells. And by Mr. BURGESS. Mr. Speaker, I move qualifying States that so apply. awarding these research grants, New Jersey to suspend the rules and pass the bill ‘‘(3) SPECIAL RULE FOR POOLS CHARGING is actively working to support groundbreaking (H.R. 4519) to amend the Public Health HIGHER PREMIUMS.—In the case of a qualified research on embryonic stem cells, which hold Service Act to extend funding for the high risk pool of a State which charges pre- great promise in improving health care as we miums that exceed 150 percent of the pre- operation of State high risk health in- mium for applicable standard risks, the know it. surance pools. State shall use at least 50 percent of the Embryonic stems cells—undifferentiated The Clerk read as follows: amount of the grant provided to the State to cells produced early in embryonic develop- H.R. 4519 carry out this subsection to reduce pre- ment—offer possible treatments for a variety Be it enacted by the Senate and House of Rep- miums for enrollees. of diseases from cancer to Parkinson’s dis- resentatives of the United States of America in ‘‘(4) LIMITATION FOR TERRITORIES.—In no ease to diabetes. Ultimately, scientists may be Congress assembled, case shall the aggregate amount allotted and made available under paragraph (2) for a fis- able to develop reparative tissue, treat a host SECTION 1. SHORT TITLE. of debilitating diseases, and even generate or- cal year to States that are not the 50 States This Act may be cited as the ‘‘State High or the District of Columbia exceed $1,000,000. gans specifically tailored to a person’s unique Risk Pool Funding Extension Act of 2005’’. ‘‘(c) BONUS GRANTS FOR SUPPLEMENTAL genetic blueprint. This research offers man- SEC. 2. EXTENSION OF FUNDING FOR OPERATION CONSUMER BENEFITS.— kind the prospect of overcoming devastating OF STATE HIGH RISK HEALTH IN- ‘‘(1) IN GENERAL.—In the case of a State diseases, affording us the opportunity to live SURANCE POOLS. that is one of the 50 States or the District of longer, healthier lives. For these advances to Section 2745 of the Public Health Service Columbia, that has established a qualified Act (42 U.S.C. 300gg–45) is amended to read as high risk pool, and that is receiving a grant take place, we must invest public funding in follows: critical research to support scientists, rather under subsection (b)(1), the Secretary shall ‘‘SEC. 2745. RELIEF FOR HIGH RISK POOLS. provide, from the funds appropriated under than restrict them. ‘‘(a) SEED GRANTS TO STATES.—The Sec- paragraphs (1)(B)(ii) and (2)(B) of subsection I am proud that the people of New Jersey retary shall provide from the funds appro- (d) and allotted to the State under paragraph have committed public funds for this important priated under subsection (d)(1)(A) a grant of (3), a grant to be used to provide supple- research, and I am glad that New Jersey has up to $1,000,000 to each State that has not mental consumer benefits to enrollees or po- moved quickly to distribute grants to research- created a qualified high risk pool as of the tential enrollees (or defined subsets of such ers so that their work can begin. I am particu- date of enactment of the State High Risk enrollees or potential enrollees) in qualified larly pleased that these grants were awarded Pool Funding Extension Act of 2005 for the high risk pools. after exhaustive ethical review led by former State’s costs of creation and initial oper- ‘‘(2) BENEFITS.—A State shall use amounts Princeton University President Harold Shapiro, ation of such a pool. received under a grant under this subsection ‘‘(b) GRANTS FOR OPERATIONAL LOSSES.— to provide one or more of the following bene- and that research ethics will play an important ‘‘(1) IN GENERAL.—In the case of a State fits: role as the awardees move forward with their that has established a qualified high risk ‘‘(A) Low-income premium subsidies. research. pool that— ‘‘(B) A reduction in premium trends, actual I am confident that States who have estab- ‘‘(A) restricts premiums charged under the premiums, or other cost-sharing require- lished programs with similar goals will move pool to no more than 200 percent of the pre- ments. quickly to support this research as well. But mium for applicable standard risk rates; ‘‘(C) An expansion or broadening of the despite the forward thinking and progressive ‘‘(B) offers a choice of two or more cov- pool of individuals eligible for coverage, such research that New Jersey and other states are erage options through the pool; and as through eliminating waiting lists, in- ‘‘(C) has in effect a mechanism reasonably creasing enrollment caps, or providing flexi- exploring, it is unfortunate that the Federal designed to ensure continued funding of bility in enrollment rules. Government has delayed and restricted re- losses incurred by the State in connection ‘‘(D) Less stringent rules, or additional search using federal dollars. I am hopeful that with operation of the pool after the end of waiver authority, with respect to coverage of the leadership of New Jersey to fund embry- the last fiscal year for which a grant is pro- pre-existing conditions. onic stem cell research will have tremendous vided under this paragraph; ‘‘(E) Increased benefits.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.029 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12073 ‘‘(F) The establishment of disease manage- fined for purposes of section 2744) that in- note that the bill before us today is the ment programs. cludes a high risk pool as a component. result of bipartisan and bicameral com- ‘‘(3) ALLOTMENT; LIMITATION.—The Sec- ‘‘(2) STANDARD RISK RATE.—The term promise, and I want to additionally retary shall allot funds appropriated under ‘standard risk rate’ means a rate— thank the staff at the Senate Health paragraphs (1)(B)(ii) and (2)(B) of subsection ‘‘(A) determined under the State high risk (d) among States qualifying for a grant pool by considering the premium rates Education Labor and Pensions Com- under paragraph (1) in a manner specified by charged by other health insurers offering mittee for their efforts on this legisla- the Secretary, but in no case shall the health insurance coverage to individuals in tion. Lastly, I would like to thank the amount so allotted to a State for a fiscal the insurance market served; staff of the Energy and Commerce year exceed 10 percent of the funds so appro- ‘‘(B) that is established using reasonable Committee, including Bill O’Brien on priated for the fiscal year. actuarial techniques; and the majority staff, Amy Hall and ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(C) that reflects anticipated claims expe- Bridgett Taylor on Ranking Member this subsection shall be construed to prohibit rience and expenses for the coverage in- JOHN DINGELL’s staff for their efforts to a State that, on the date of the enactment of volved. the State High Risk Pool Funding Extension ‘‘(3) STATE.—The term ‘State’ means any of develop this bipartisan proposal that Act of 2005, is in the process of implementing the 50 States and the District of Columbia will help States to insure individuals a program to provide benefits of the type de- and includes Puerto Rico, the Virgin Islands, who would otherwise not have been scribed in paragraph (2), from being eligible Guam, American Samoa, and the Northern able to get affordable health coverage. for a grant under this subsection. Mariana Islands.’’. Mr. Speaker, I reserve the balance of ‘‘(d) FUNDING.— The SPEAKER pro tempore. Pursu- my time. ‘‘(1) APPROPRIATION FOR FISCAL YEAR 2006.— ant to the rule, the gentleman from Mr. BROWN of Ohio. Mr. Speaker, I There are authorized to be appropriated for Texas (Mr. BURGESS) and the gen- yield myself as much time as I con- fiscal year 2006— tleman from Ohio (Mr. BROWN) each sume. ‘‘(A) $15,000,000 to carry out subsection (a); Mr. Speaker, I am pleased to support and will control 20 minutes. ‘‘(B) $75,000,000, of which, subject to para- The Chair recognizes the gentleman H.R. 3204, which authorizes funding for graph (4)— from Texas. State high risk insurance pools. I com- ‘‘(i) two-thirds of the amount appropriated GENERAL LEAVE mend my colleagues Mr. SHADEGG and shall be made available for allotments under Mr. BURGESS. Mr. Speaker, I ask Mr. TOWNS for their hard work on this subsection (b)(2); and unanimous consent that all Members legislation. ‘‘(ii) one-third of the amount appropriated may have 5 legislative days within In many States, high risk insurance shall be made available for allotments under pools are the only options for individ- subsection (c)(3). which to revise and extend their re- marks and include extraneous material uals who have been denied access to ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR coverage in the commercial insurance FISCAL YEARS 2007 THROUGH 2010.—There are on the bill. authorized to be appropriated $75,000,000 for The SPEAKER pro tempore. Is there system. This legislation before us is in- each of fiscal years 2007 through 2010, of objection to the request of the gen- tended not only to strengthen existing which, subject to paragraph (4)— tleman from Texas? high risk pools but to help States with- ‘‘(A) two-thirds of the amount appro- There was no objection. out such pools, my State of Ohio is one priated for a fiscal year shall be made avail- Mr. BURGESS. Mr. Speaker, I yield of them, to establish them. But as we able for allotments under subsection (b)(2); myself such time as I may consume. reauthorize this legislation, it is im- and Mr. Speaker, I am pleased that we portant to place high risk insurance ‘‘(B) one-third of the amount appropriated pools in context. These pools are a for a fiscal year shall be made available for are on the verge of passing H.R. 4519, allotments under under subsection (c)(3). the State High Risk Pool Funding Ex- symptom of a troubled insurance sys- ‘‘(3) AVAILABILITY.—Funds appropriated for tension Act. Simply put, this bill will tem, not a cure for it. purposes of carrying out this section for a help more people get health insurance. The fact is, health insurance itself is fiscal year shall remain available for obliga- People with preexisting conditions or supposed to serve as a high risk pool. It tion through the end of the following fiscal high health care expenses face major used to be that health insurance was year. difficulties when they seek to purchase offered to everyone at the same pre- ‘‘(4) REALLOTMENT.—If, on June 30 of each health insurance. This is especially mium because any one of us could be fiscal year for which funds are appropriated true for workers in small businesses or the unlucky one to need health care under paragraph (1)(B) or (2), the Secretary that we simply could not afford. By determines that all the amounts so appro- those who are self-employed, so they priated are not allotted or otherwise made often go without health insurance and spreading the risk broadly, good health available to States, such remaining amounts turn to government programs like insurance could be affordable for every- shall be allotted and made available under Medicaid when they become sick or one regardless of their health needs. subsection (b) among States receiving grants disabled. But commercial insurers did what busi- under subsection (b) for the fiscal year based This bill authorizes Federal grant nesses do: They figured out, of course, upon the allotment formula specified in such money to help fund the initial startup how to maximize profits. You cannot subsection. and operation of State high risk pools. blame them for that. You can, how- ‘‘(5) NO ENTITLEMENT.—Nothing in this sec- ever, blame us, blame this Congress, tion shall be construed as providing a State Risk pools allow eligible individuals to with an entitlement to a grant under this purchase health insurance, pay pre- blame State legislators, blame policy- section. miums and receive health coverage makers for letting them get away with ‘‘(e) APPLICATIONS.—To be eligible for a through private insurers. This grant it. grant under this section, a State shall sub- money will allow States with these The best way to earn profits in the mit to the Secretary an application at such pools to cover more individuals and re- health insurance industry is simple: It time, in such manner, and containing such duce the premiums they must pay. is to avoid insuring people who might information as the Secretary may require. Mr. Speaker, my home State of Texas actually use their coverage. Health in- ‘‘(f) ANNUAL REPORT.—The Secretary shall was left out of the Federal funding surers use every trick in the book, as submit to Congress an annual report on when this program was created, and we know, that they can come up with grants provided under this section. Each such report shall include information on the now States like my State of Texas will to avoid those people. To the extent distribution of such grants among States and have the ability to access these Federal that they can get away with it, com- the use of grant funds by States. funds. This bill will help reduce the mercial insurers underwrite and price ‘‘(g) DEFINITIONS.—In this section: number of uninsured and provide af- people who need coverage right out of ‘‘(1) QUALIFIED HIGH RISK POOL.— fordable health insurance for more the insurance market. Private health ‘‘(A) IN GENERAL.—The term ‘qualified high Americans. That is an important part, insurance used to be a community; now risk pool’ has the meaning given such term affordable health insurance, one of the it is a country club. So we are left with in section 2744(c)(2), except that a State may things we talk about every day in this stop-gap mechanisms like high risk in- elect to meet the requirement of subpara- surance pools. They are far from ideal, graph (A) of such section (insofar as it re- body. quires the provision of coverage to all eligi- I want to thank the bill’s sponsors, but our most vulnerable citizens would ble individuals) through providing for the en- JOHN SHADEGG and ED TOWNS, and I be worse off without them. We should rollment of eligible individuals through an want to thank their staffs for their make sure high risk insurance pools acceptable alternative mechanism (as de- hard work on this bill. I would also are available. But we should also keep

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.009 H17DEPT1 H12074 CONGRESSIONAL RECORD — HOUSE December 17, 2005 working until we render them unneces- also to note that territories are avail- High risk pools alleviate that need. I sary. able both for the seed grants to estab- join my colleagues in calling for the I appreciate the author’s willingness lish a high risk pool and for the oper- passage of this legislation. I appreciate to accept an amendment I offered dur- ational grants. that it is a bipartisan effort, and I ing committee to ensure that States b 1645 want to thank my colleagues on the use at least 50 percent of the bill’s opposite side of the aisle for their help. funding to expand to the pool or to im- State high risk pools, as have been I urge passage of the legislation. prove the high risk coverage. As it noted here, help provide health insur- Mr. BURGESS. Mr. Speaker, I yield 2 stands today, States can and States ance for those who have preexisting minutes to the gentleman from Geor- have used Federal risk pool funding to conditions or chronic illnesses or who gia (Mr. NORWOOD). replace dollars collected for the pool for any other reason cannot afford Mr. NORWOOD. Mr. Speaker, I thank from private health insurers, leaving health insurance. High risk pools allow my friend from Texas for the time. the risk pools themselves no better off. individuals who are eligible to pur- Mr. Speaker, I rise in strong support That is a subversion of the bill’s pur- chase health insurance to pay a pre- of H.R. 4519, which would extend seed pose. That is a questionable use of Fed- mium and receive coverage. grant money for the creation and oper- eral funding. Because they are at-risk people with ation of high risk pools. I thank my My amendment reminds the States very high medical needs, these pre- friend, Mr. SHADEGG, for bringing this. the Federal high risk pool funding is miums are capped in the high risk pool, This is extremely important legisla- intended to expand the quality and the and often the premiums do not cover tion. It has the potential, if it works reach of high risk pools, not to let the cost of the health insurance that is right, to help all of us pay lower pre- commercial insurers again off the hook provided. As a result, the cost of oper- miums in the future for our insurance for making these pools necessary. I ating the pool needs to be subsidized or policies. urge my colleagues to support this leg- offset by the States. States operating This is a nonpartisan issue. High risk islation on behalf of individuals these pools make up that shortfall, and pools have quietly become very impor- disenfranchised from private health in- the operating funds that are provided tant and are a very important part of surance. here assist in doing that. our Nation’s public-private patchwork Mr. Speaker, I reserve the balance of There are many things that we can of health care coverage. The folks cov- my time. do in this area of health insurance; and ered are often times employed. They Mr. BURGESS. Mr. Speaker, I am I agree with my colleague, Mr. BROWN, are paying taxes. But they cannot get pleased to yield such time as he may that high risk pools are not in fact a coverage under a normal insurance consume to the gentleman from Ari- solution; they are, in fact, rather a plan. zona (Mr. SHADEGG). symptom of a problem we have in Pools are already covering thousands (Mr. SHADEGG asked and was given health insurance today. of people who through no fault of their permission to revise and extend his re- I think that there is much more that own do not have access to group health marks.) we can and should do to make health insurance and cannot simply afford the Mr. SHADEGG. Mr. Speaker, I want insurance affordable and available to coverage in the individual market. to begin by thanking the full com- all Americans. I would like to see us Thirty-one States are already oper- mittee chairman, Mr. BARTON, who is create here in this Congress a refund- ating high risk pools that offer good not with us today, who has been hos- able tax credit for all Americans so coverage at reasonable prices. pitalized as a result of a medical prob- that they can go out and purchase I hope with the passage of this bill lem and, I understand, doing well; the health insurance themselves. We have my home State now will be able to join ranking member, Mr. DINGELL; the sadly today in America some 44 mil- that number. Mr. Speaker, this legisla- chairman of our subcommittee, Mr. lion-plus who cannot afford health in- tion takes us a step closer to making DEAL; as well as the ranking member, surance and who are, therefore, uncov- sure that everyone can purchase the Mr. BROWN, for moving this important ered. health insurance protection they need. legislation forward. It is in fact criti- If we were to create a tax credit al- I know the worries associated with a cally important legislation for all lowing people to take a portion of the serious health condition, and my con- Americans but particularly for those income taxes they would otherwise stituents know the danger that cata- with preexisting conditions and those send to the government to go buy strophic health care costs can pose to with chronic illnesses. health insurance, and for those who are working families, especially rural fam- H.R. 4519 extends Federal funding, poor and do not pay income taxes now, ilies and the self-employed. High risk which was first made available under make that a refundable tax credit, that pools reduce costs on the government the Trade Act of 2002, for the establish- is, actually provide them with a vouch- in the long term by providing a private ment and the operation of State high er or with cash to go buy health insur- safety net of coverage. risk pools. The bill provides $15 million ance, we could cut the number of unin- I urge my colleagues to support this in seed grants to any State or, as a re- sured in America dramatically. And legislation, and I hope at some point in sult of a bipartisan amendment of the that would be a huge step forward in time we will take up Mr. SHADEGG’s bill, to any territory which has not yet this Nation, to reduce the number of idea of tax credits for health care. But created a State high risk pool for cre- uninsured and make sure that everyone in the meantime, we need to make sure ation of that high risk pool. That is in this country has health insurance. we get these high risk pools in place, very important, because a number of Unfortunately, that legislation is not and that will allow many Americans to States do not yet have them. This before us at this point. It is the kind of buy health care insurance because the money is available as $1 million one- progress that I hope we can make. But premiums will be reduced. time grants for the creation of such a this legislation is. Before we move for- Mr. BROWN of Ohio. Mr. Speaker, I high risk pool. ward on the idea of a refundable tax yield back the balance of my time. In addition, it provides $75 million in credit, we must make sure that we Mr. BURGESS. Mr. Speaker, just in each of the fiscal years between 2006 take care of those who are most in closing, I would say that I do appre- and 2010 for the operational expenses of need in America. High risk pools are a ciate Mr. SHADEGG bringing this bill to these high risk pools. Those moneys targeted tool for the uninsured. They the floor today. I appreciate him bring- are allocated according to a formula are a safety net. ing up the concept of the refundable referred to a moment ago by the rank- In addition to providing access to in- tax credit. I, too, think this is impor- ing member, Mr. BROWN. That formula surance for those with preexisting con- tant legislation, that we in the Cham- includes the number of qualifying ditions and the chronically ill, they ber today have some of the best minds States, the number of uninsured indi- also alleviate the need for cross-sub- on the health subcommittee. I hope we viduals and the number of individuals sidization. All of us are aware that can work together to get that passed enrolled in the State’s high risk pro- those of us buying insurance today pay next year. gram. These moneys are extremely im- a higher premium because of the needs I hope we can look at other opportu- portant, and I think it is important of those who cannot afford insurance. nities such as what Governor Jeb Bush

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.039 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12075 is doing down in the State of Florida thank them for their leadership and for their at- DEPARTMENT OF JUSTICE APPRO- for purchasing insurance for those tention to and understanding of the needs of PRIATIONS AUTHORIZATION ACT, working poor who cannot afford it. But the U.S. territories. Additionally, I want to FISCAL YEARS 2006 THROUGH this is a good bill; this is good legisla- thank the gentleman from Texas, Mr. BARTON, 2009 tion. It will be very helpful back in my and the gentleman from Michigan, Mr. DIN- Mr. SENSENBRENNER. Mr. Speak- home State of Texas. GELL, the chairman and the ranking Demo- er, I move to suspend the rules and Ms. BORDALLO. Mr. Speaker, I rise in sup- cratic member of the House Committee on En- concur in the Senate amendment to port of H.R. 4519, the State High Risk Pool ergy and Commerce, respectively, and their the bill (H.R. 3402) to authorize appro- Funding Extension Act of 2005. I do so mainly staffs, for their attention to this issue. I thank priations for the Department of Justice because this bill would not only extend the au- all of these gentlemen for their cooperation for fiscal years 2006 through 2009, and thorization for Federal support for State high and assistance on this important issue. To- for other purposes. risk health insurance pools until 2010, but also gether, with my colleagues from the Virgin Is- The Clerk read as follows: because it provides, for the first time, author- lands, Mrs. CHRISTENSEN, American Samoa, Senate amendment: ization for the U.S. territories to receive this Mr. FALEOMAVAEGA, and Puerto Rico, Mr. Strike out all after the enacting clause and Federal support. With this Federal support, the FORTUN˜ O, we were able to improve the legisla- insert: U.S. territories will be able to establish and tion to take into account the needs of the U.S. SECTION 1. SHORT TITLE. operate high risk health insurance pools like territories. I look forward to working with the This Act may be cited as the ‘‘Violence those already successfully operating in several U.S. Department of Health and Human Serv- Against Women and Department of Justice Re- States. ices and the Government of Guam in estab- authorization Act of 2005’’. The costs of providing health care in the lishing a high risk pool in Guam with Federal SEC. 2. TABLE OF CONTENTS. U.S. territories are very high due to the num- seed money. The table of contents for this Act is as follows: Sec. 1. Short title. ber of uninsured individuals, the prevalence of I urge my colleagues to support H.R. 4519. chronic diseases among residents, significant Sec. 2. Table of contents. Mr. DINGELL. Mr. Speaker, I am pleased Sec. 3. Universal definitions and grant provi- transportation expenses, and small risk pools the House is taking up H.R. 4519, a bill to re- sions. over which to spread the cost of health insur- authorize funds for State high risk health in- TITLE I—ENHANCING JUDICIAL AND LAW ance. Additionally, the vast majority of employ- surance pools, a program that was first ENFORCEMENT TOOLS TO COMBAT VIO- ers in the U.S. territories are small busi- passed in the Trade Adjustment Assistance LENCE AGAINST WOMEN nesses. Like most small businesses nation- Act. This bill also makes a number of improve- Sec. 101. Stop grants improvements. wide, Guam’s small businesses are limited in ments to the program. Sec. 102. Grants to encourage arrest and en- their financial ability to offer affordable health force protection orders improve- coverage to their employees. High risk pools are by no means a solution ments. The State high risk pool model is an innova- for all of the more than 45 million uninsured in Sec. 103. Legal Assistance for Victims improve- tive method to address the need for health in- this nation. As long as we, however, continue ments. surance for high risk populations. To date, 31 to have a system of health care cobbled to- Sec. 104. Ensuring crime victim access to legal services. States have established high risk health insur- gether as it is, high risk pools will fill part of the void. Sec. 105. The Violence Against Women Act ance pools. However, section 201(b) of the court training and improvements. Trade Act of 2002 (Public Law 107–210), Unfortunately, these high risk pools have in- Sec. 106. Full faith and credit improvements. which authorized Federal funding for the cre- cluded very high premiums and limited bene- Sec. 107. Privacy protections for victims of do- ation and initial operation of high risk pools in fits. When Congress first provided funding for mestic violence, dating violence, the States did not include the U.S. territories these pools, the majority of the States used sexual violence, and stalking. the funding to lower assessments on insur- Sec. 108. Sex offender management. among those eligible to receive this funding. Sec. 109. Stalker database. The ineligibility of the U.S. territories for this ance companies rather than improve benefits Sec. 110. Federal victim assistants reauthoriza- assistance remains a concern. Previous or reduce out-of-pocket costs for families. H.R. tion. versions of this bill being considered today to 4519 includes an important provision that Sec. 111. Grants for law enforcement training reauthorize this Federal program did not in- would ensure some portion of this Federal programs. clude the U.S. territories among those to be funding goes to improving the pools by reduc- Sec. 112. Reauthorization of the court-ap- qualified to receive seed funding and addi- ing premium costs or improving benefits for pointed special advocate program. Sec. 113. Preventing cyberstalking. tional grants to initiate and operate high risk those who need health care. Sec. 114. Criminal provision relating to stalk- pools. And although we have taken a small step ing. However, the bill before us today, the prod- here to do good, the Congress is considering Sec. 115. Repeat offender provision. uct of negotiations over the last several a budget reconciliation package that includes Sec. 116. Prohibiting dating violence. months, does include the U.S. territories. H.R. harsh cuts in the program that provides health Sec. 117. Prohibiting violence in special mari- 4519 will enable Guam and the other U.S. ter- time and territorial jurisdiction. insurance to more than 50 million Ameri- Sec. 118. Updating protection order definition. ritories to form high risk insurance pools. The cans—Medicaid. These cuts would strip bene- Sec. 119. GAO study and report. establishment of such pools will save the Fed- fits and increase out-of-pocket costs for low-in- Sec. 120. Grants for outreach to underserved eral Government Medicaid resources, because come families and individuals, including chil- populations. individuals with chronic illnesses will have an- dren, pregnant women, and those living with Sec. 121. Enhancing culturally and linguis- other alternative to utilize to pay for expensive disabilities. tically specific services for victims of domestic violence, dating vio- healthcare services. Assisting the U.S. terri- If Congress were really determined to help tories in operating high risk pools will help the lence, sexual assault, and stalk- the uninsured, we would begin by rejecting the ing. local treasuries with insuring high risk individ- provisions in the reconciliation package that uals. The establishment of high risk pools will TITLE II—IMPROVING SERVICES FOR VIC- cut coverage and increase costs for our most TIMS OF DOMESTIC VIOLENCE, DATING reduce the risk of the general pool of health vulnerable citizens. VIOLENCE, SEXUAL ASSAULT, AND insurance consumers in the U.S. territories. Mr. BURGESS. Mr. Speaker, I yield STALKING This will allow for greater competition in the back the balance of my time. Sec. 201. Findings. health insurance market, reduced costs for The SPEAKER pro tempore (Mr. Sec. 202. Sexual assault services program. consumers, and will result in more economi- Sec. 203. Amendments to the Rural Domestic Vi- BOOZMAN). The question is on the mo- cally manageable and affordable employee olence and Child Abuse Enforce- tion offered by the gentleman from health plans for small businesses. ment Assistance Program. I came to this floor on July 27 of this year Texas (Mr. BURGESS) that the House Sec. 204. Training and services to end violence to highlight the need to include the U.S. terri- suspend the rules and pass the bill, against women with disabilities. H.R. 4519. Sec. 205. Training and services to end violence tories in this Federal program, when this against women in later life. House debated H.R. 3204, the precursor to The question was taken; and (two- Sec. 206. Strengthening the National Domestic the bill before us today. The gentleman from thirds having voted in favor thereof) Violence Hotline. Arizona, Mr. SHADEGG, the author of this bill, the rules were suspended and the bill TITLE III—SERVICES, PROTECTION, AND recognized this need. The gentleman from was passed. JUSTICE FOR YOUNG VICTIMS OF VIO- Georgia, Mr. DEAL, and the gentleman from A motion to reconsider was laid on LENCE Ohio, Mr. BROWN, supported this request. I the table. Sec. 301. Findings.

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Sec. 302. Rape prevention and education. Sec. 823. Petitioning rights of certain former CHAPTER 3—ASSISTING VICTIMS OF CRIME Sec. 303. Services, education, protection, and spouses under Cuban adjustment. Sec. 1131. Grants to local nonprofit organiza- justice for young victims of vio- Sec. 824. Self-petitioning rights of HRIFA appli- tions to improve outreach services lence. cants. to victims of crime. Sec. 304. Grants to combat violent crimes on Sec. 825. Motions to reopen. Sec. 1132. Clarification and enhancement of campuses. Sec. 826. Protecting abused juveniles. certain authorities relating to Sec. 305. Juvenile justice. Sec. 827. Protection of domestic violence and crime victims fund. Sec. 306. Safe havens. crime victims from certain disclo- Sec. 1133. Amounts received under crime victim TITLE IV—STRENGTHENING AMERICA’S sures of information. grants may be used by State for FAMILIES BY PREVENTING VIOLENCE Sec. 828. Rulemaking. training purposes. Sec. 401. Preventing violence against women Subtitle D—International Marriage Broker Sec. 1134. Clarification of authorities relating to and children. Regulation Violence Against Women formula Sec. 403. Public Awareness Campaign. Sec. 831. Short title. and discretionary grant programs. Sec. 402. Study conducted by the Centers for Sec. 832. Access to VAWA protection regardless Sec. 1135. Change of certain reports from an- Disease Control and of manner of entry. nual to biennial. Sec. 1136. Grants for young witness assistance. TITLE V—STRENGTHENING THE Sec. 833. Domestic violence information and re- CHAPTER 4—PREVENTING CRIME HEALTHCARE SYSTEM’S RESPONSE TO sources for immigrants and regu- DOMESTIC VIOLENCE, DATING VIO- lation of international marriage Sec. 1141. Clarification of definition of violent LENCE, SEXUAL ASSAULT, AND STALK- brokers. offender for purposes of juvenile ING Sec. 834. Sharing of certain information. drug courts. TITLE IX—SAFETY FOR INDIAN WOMEN Sec. 1142. Changes to distribution and alloca- Sec. 501. Findings. tion of grants for drug courts. Sec. 901. Findings. Sec. 502. Purpose. Sec. 1143. Eligibility for grants under drug Sec. 503. Training and education of health pro- Sec. 902. Purposes. Sec. 903. Consultation. court grants program extended to fessionals in domestic and sexual courts that supervise non-offend- violence. Sec. 904. Analysis and research on violence against Indian women. ers with substance abuse prob- Sec. 504. Grants to foster public health re- lems. sponses to domestic violence, dat- Sec. 905. Tracking of violence against Indian women. Sec. 1144. Term of Residential Substance Abuse ing violence, sexual assault, and Treatment program for local fa- stalking grants. Sec. 906. Grants to Indian tribal governments. Sec. 907. Tribal deputy in the Office on Vio- cilities. Sec. 505. Research on effective interventions in Sec. 1145. Enhanced residential substance the healthcare setting. lence Against Women. Sec. 908. Enhanced criminal law resources. abuse treatment program for State TITLE VI—HOUSING OPPORTUNITIES AND Sec. 909. Domestic assault by an habitual of- prisoners. SAFETY FOR BATTERED WOMEN AND fender. Sec. 1146. Residential Substance Abuse Treat- CHILDREN ment Program for Federal facili- TITLE X—DNA FINGERPRINTING Sec. 601. Addressing the housing needs of vic- ties. Sec. 1001. Short title. tims of domestic violence, dating CHAPTER 5—OTHER MATTERS Sec. 1002. Use of opt-out procedure to remove violence, sexual assault, and samples from national DNA index. Sec. 1151. Changes to certain financial authori- stalking. Sec. 1003. Expanded use of CODIS grants. ties. Sec. 602. Transitional housing assistance grants Sec. 1004. Authorization to conduct DNA sam- Sec. 1152. Coordination duties of Assistant At- for victims of domestic violence, ple collection from persons ar- torney General. Sec. 1153. Simplification of compliance dead- dating violence, sexual assault, or rested or detained under Federal lines under sex-offender registra- stalking. authority. tion laws. Sec. 603. Public housing authority plans report- Sec. 1005. Tolling of statute of limitations for Sec. 1154. Repeal of certain programs. ing requirement. sexual-abuse offenses. Sec. 604. Housing strategies. Sec. 1155. Elimination of certain notice and Sec. 605. Amendment to the McKinney-Vento TITLE XI—DEPARTMENT OF JUSTICE hearing requirements. Homeless Assistance Act. REAUTHORIZATION Sec. 1156. Amended definitions for purposes of Sec. 606. Amendments to the low-income hous- Subtitle A—AUTHORIZATION OF Omnibus Crime Control and Safe ing assistance voucher program. APPROPRIATIONS Streets Act of 1968. Sec. 607. Amendments to the public housing Sec. 1101. Authorization of appropriations for Sec. 1157. Clarification of authority to pay sub- program. fiscal year 2006. sistence payments to prisoners for Sec. 1102. Authorization of appropriations for health care items and services. TITLE VII—PROVIDING ECONOMIC Sec. 1158. Office of Audit, Assessment, and SECURITY FOR VICTIMS OF VIOLENCE fiscal year 2007. Sec. 1103. Authorization of appropriations for Management. Sec. 701. Grant for National Resource Center on Sec. 1159. Community Capacity Development Workplace Responses to assist vic- fiscal year 2008. Sec. 1104. Authorization of appropriations for Office. tims of domestic and sexual vio- Sec. 1160. Office of Applied Law Enforcement fiscal year 2009. lence. Technology. Sec. 1105. Organized retail theft. Sec. 1161. Availability of funds for grants. TITLE VIII—PROTECTION OF BATTERED Sec. 1106. United States-Mexico Border Violence AND TRAFFICKED IMMIGRANTS Sec. 1162. Consolidation of financial manage- Task Force. ment systems of Office of Justice Subtitle A—Victims of Crime Sec. 1107. National Gang Intelligence Center. Programs. Sec. 801. Treatment of spouse and children of Subtitle B—IMPROVING THE DEPARTMENT Sec. 1163. Authorization and change of COPS victims. OF JUSTICE’S GRANT PROGRAMS program to single grant program. Sec. 802. Presence of victims of a severe form of CHAPTER 1—ASSISTING LAW ENFORCEMENT AND Sec. 1164. Clarification of persons eligible for trafficking in persons. CRIMINAL JUSTICE AGENCIES benefits under public safety offi- Sec. 803. Adjustment of status. Sec. 1111. Merger of Byrne Grant Program and cers’ death benefits programs. Sec. 804. Protection and assistance for victims Local Law Enforcement Block Sec. 1165. Pre-release and post-release programs of trafficking. Grant Program. for juvenile offenders. Sec. 805. Protecting victims of child abuse. Sec. 1112. Clarification of number of recipients Sec. 1166. Reauthorization of juvenile account- Subtitle B—VAWA Self-Petitioners who may be selected in a given ability block grants. Sec. 1167. Sex offender management. Sec. 811. Definition of VAWA self-petitioner. year to receive Public Safety Offi- Sec. 1168. Evidence-based approaches. Sec. 812. Application in case of voluntary de- cer Medal of Valor. Sec. 1169. Reauthorization of matching grant parture. Sec. 1113. Clarification of official to be con- program for school security. Sec. 813. Removal proceedings. sulted by Attorney General in Sec. 1170. Technical amendments to Aimee’s Sec. 814. Eliminating abusers’ control over ap- considering application for emer- Law. plications and limitation on peti- gency Federal law enforcement Subtitle C—MISCELLANEOUS PROVISIONS tioning for abusers. assistance. Sec. 815. Application for VAWA-related relief. Sec. 1114. Clarification of uses for regional in- Sec. 1171. Technical amendments relating to Sec. 816. Self-petitioning parents. formation sharing system grants. Public Law 107–56. Sec. 817. VAWA confidentiality nondisclosure. Sec. 1115. Integrity and enhancement of na- Sec. 1172. Miscellaneous technical amendments. tional criminal record databases. Sec. 1173. Use of Federal training facilities. Subtitle C—Miscellaneous Amendments Sec. 1174. Privacy officer. Sec. 1116. Extension of matching grant program Sec. 821. Duration of T and U visas. Sec. 1175. Bankruptcy crimes. Sec. 822. Technical correction to references in for law enforcement armor vests. Sec. 1176. Report to Congress on status of application of special physical CHAPTER 2—BUILDING COMMUNITY CAPACITY United States persons or residents presence and good moral char- TO PREVENT, REDUCE, AND CONTROL CRIME detained on suspicion of ter- acter rules. Sec. 1121. Office of Weed and Seed Strategies. rorism.

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Sec. 1177. Increased penalties and expanded ju- populations) and domestic violence, dating vio- ‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ risdiction for sexual abuse of- lence, sexual assault, or stalking; or means a tribe, band, pueblo, nation, or other or- fenses in correctional facilities. ‘‘(D) obtains expertise, or shows demonstrated ganized group or community of Indians, includ- Sec. 1178. Expanded jurisdiction for contraband capacity to work effectively, on domestic vio- ing any Alaska Native village or regional or vil- offenses in correctional facilities. lence, dating violence, sexual assault, and stalk- lage corporation (as defined in, or established Sec. 1179. Magistrate judge’s authority to con- ing through collaboration. pursuant to, the Alaska Native Claims Settle- tinue preliminary hearing. ‘‘(4) CHILD MALTREATMENT.—The term ‘child ment Act (43 U.S.C. 1601 et seq.)), that is recog- Sec. 1180. Technical corrections relating to maltreatment’ means the physical or psycho- nized as eligible for the special programs and steroids. logical abuse or neglect of a child or youth, in- services provided by the United States to Indi- Sec. 1181. Prison Rape Commission extension. cluding sexual assault and abuse. ans because of their status as Indians. Sec. 1182. Longer statute of limitation for ‘‘(5) COURT-BASED AND COURT-RELATED PER- ‘‘(14) INDIAN LAW ENFORCEMENT.—The term human trafficking-related of- SONNEL.—The term ‘court-based’ and ‘court-re- ‘Indian law enforcement’ means the depart- fenses. lated personnel’ mean persons working in the ments or individuals under the direction of the Sec. 1183. Use of Center for Criminal Justice court, whether paid or volunteer, including— Indian tribe that maintain public order. Technology. ‘‘(A) clerks, special masters, domestic relations ‘‘(15) LAW ENFORCEMENT.—The term ‘law en- Sec. 1184. SEARCH Grants. officers, administrators, mediators, custody forcement’ means a public agency charged with Sec. 1185. Reauthorization of Law Enforcement evaluators, guardians ad litem, lawyers, nego- policing functions, including any of its compo- Tribute Act. tiators, probation, parole, interpreters, victim nent bureaus (such as governmental victim serv- Sec. 1186. Amendment regarding bullying and assistants, victim advocates, and judicial, ad- ices programs), including those referred to in gangs. ministrative, or any other professionals or per- section 3 of the Indian Enforcement Reform Act Sec. 1187. Transfer of provisions relating to the sonnel similarly involved in the legal process; (25 U.S.C. 2802). Bureau of Alcohol, Tobacco, Fire- ‘‘(B) court security personnel; ‘‘(16) LEGAL ASSISTANCE.—The term ‘legal as- arms, and Explosives. ‘‘(C) personnel working in related, supple- sistance’ includes assistance to adult and youth Sec. 1188. Reauthorize the Gang Resistance mentary offices or programs (such as child sup- victims of domestic violence, dating violence, Education and Training Projects port enforcement); and sexual assault, and stalking in— Program. ‘‘(D) any other court-based or community- ‘‘(A) family, tribal, territorial, immigration, Sec. 1189. National Training Center. based personnel having responsibilities or au- employment, administrative agency, housing Sec. 1190. Sense of Congress relating to ‘‘good thority to address domestic violence, dating vio- matters, campus administrative or protection or time’’ release. lence, sexual assault, or stalking in the court stay away order proceedings, and other similar Sec. 1191. Public employee uniforms. system. matters; and Sec. 1192. Officially approved postage. ‘‘(6) DOMESTIC VIOLENCE.—The term ‘domestic ‘‘(B) criminal justice investigations, prosecu- Sec. 1193. Authorization of additional appro- violence’ includes felony or misdemeanor crimes tions and post-trial matters (including sen- priations. of violence committed by a current or former tencing, parole, and probation) that impact the Sec. 1194. Assistance to courts. spouse of the victim, by a person with whom the victim’s safety and privacy. victim shares a child in common, by a person Sec. 1195. Study and report on correlation be- ‘‘(17) LINGUISTICALLY AND CULTURALLY SPE- who is cohabitating with or has cohabitated tween substance abuse and do- CIFIC SERVICES.—The term ‘linguistically and mestic violence at domestic vio- with the victim as a spouse, by a person simi- culturally specific services’ means community- lence shelters. larly situated to a spouse of the victim under based services that offer full linguistic access Sec. 1196. Reauthorization of State Criminal the domestic or family violence laws of the juris- and culturally specific services and resources, Alien Assistance Program. diction receiving grant monies, or by any other including outreach, collaboration, and support Sec. 1197. Extension of Child Safety Pilot Pro- person against an adult or youth victim who is mechanisms primarily directed toward under- gram. protected from that person’s acts under the do- served communities. mestic or family violence laws of the jurisdic- Sec. 1198. Transportation and subsistence for ‘‘(18) PERSONALLY IDENTIFYING INFORMATION tion. special sessions of District Courts. OR PERSONAL INFORMATION.—The term ‘person- ‘‘(7) DATING PARTNER.—The term ‘dating part- Sec. 1199. Youth Violence Reduction Dem- ally identifying information’ or ‘personal infor- ner’ refers to a person who is or has been in a onstration Projects. mation’ means individually identifying informa- social relationship of a romantic or intimate na- SEC. 3. UNIVERSAL DEFINITIONS AND GRANT tion for or about an individual including infor- ture with the abuser, and where the existence of PROVISIONS. mation likely to disclose the location of a victim such a relationship shall be determined based on (a) IN GENERAL.—The Violence Against of domestic violence, dating violence, sexual as- a consideration of— Women Act of 1994 (108 Stat. 1902 et seq.) is sault, or stalking, including— ‘‘(A) the length of the relationship; amended by adding after section 40001 the fol- ‘‘(A) a first and last name; ‘‘(B) the type of relationship; and lowing: ‘‘(C) the frequency of interaction between the ‘‘(B) a home or other physical address; ‘‘SEC. 40002. DEFINITIONS AND GRANT PROVI- persons involved in the relationship. ‘‘(C) contact information (including a postal, SIONS. ‘‘(8) DATING VIOLENCE.—The term ‘dating vio- e-mail or Internet protocol address, or telephone ‘‘(a) DEFINITIONS.—In this title: lence’ means violence committed by a person— or facsimile number); ‘‘(1) COURTS.—The term ‘courts’ means any ‘‘(A) who is or has been in a social relation- ‘‘(D) a social security number; and civil or criminal, tribal, and Alaskan Village, ship of a romantic or intimate nature with the ‘‘(E) any other information, including date of Federal, State, local or territorial court having victim; and birth, racial or ethnic background, or religious jurisdiction to address domestic violence, dating ‘‘(B) where the existence of such a relation- affiliation, that, in combination with any of violence, sexual assault or stalking, including ship shall be determined based on a consider- subparagraphs (A) through (D), would serve to immigration, family, juvenile, and dependency ation of the following factors: identify any individual. courts, and the judicial officers serving in those ‘‘(i) The length of the relationship. ‘‘(19) PROSECUTION.—The term ‘prosecution’ courts, including judges, magistrate judges, ‘‘(ii) The type of relationship. means any public agency charged with direct re- commissioners, justices of the peace, or any ‘‘(iii) The frequency of interaction between sponsibility for prosecuting criminal offenders, other person with decisionmaking authority. the persons involved in the relationship. including such agency’s component bureaus ‘‘(2) CHILD ABUSE AND NEGLECT.—The term ‘‘(9) ELDER ABUSE.—The term ‘elder abuse’ (such as governmental victim services programs). ‘child abuse and neglect’ means any recent act means any action against a person who is 50 ‘‘(20) PROTECTION ORDER OR RESTRAINING or failure to act on the part of a parent or care- years of age or older that constitutes the will- ORDER.—The term ‘protection order’ or ‘re- giver with intent to cause death, serious phys- ful— straining order’ includes— ical or emotional harm, sexual abuse, or exploi- ‘‘(A) infliction of injury, unreasonable con- ‘‘(A) any injunction, restraining order, or any tation, or an act or failure to act which presents finement, intimidation, or cruel punishment other order issued by a civil or criminal court an imminent risk of serious harm. This defini- with resulting physical harm, pain, or mental for the purpose of preventing violent or threat- tion shall not be construed to mean that failure anguish; or ening acts or harassment against, sexual vio- to leave an abusive relationship, in the absence ‘‘(B) deprivation by a person, including a lence or contact or communication with or phys- of other action constituting abuse or neglect, is caregiver, of goods or services with intent to ical proximity to, another person, including any itself abuse or neglect. cause physical harm, mental anguish, or mental temporary or final orders issued by civil or ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The illness. criminal courts whether obtained by filing an term ‘community-based organization’ means an ‘‘(10) INDIAN.—The term ‘Indian’ means a independent action or as a pendente lite order organization that— member of an Indian tribe. in another proceeding so long as any civil order ‘‘(A) focuses primarily on domestic violence, ‘‘(11) INDIAN COUNTRY.—The term ‘Indian was issued in response to a complaint, petition, dating violence, sexual assault, or stalking; country’ has the same meaning given such term or motion filed by or on behalf of a person seek- ‘‘(B) has established a specialized culturally in section 1151 of title 18, United States Code. ing protection; and specific program that addresses domestic vio- ‘‘(12) INDIAN HOUSING.—The term ‘Indian ‘‘(B) any support, child custody or visitation lence, dating violence, sexual assault, or stalk- housing’ means housing assistance described in provisions, orders, remedies, or relief issued as ing; the Native American Housing Assistance and part of a protection order, restraining order, or ‘‘(C) has a primary focus on underserved pop- Self-Determination Act of 1996 (25 U.S.C. 4101 et stay away injunction pursuant to State, tribal, ulations (and includes representatives of these seq., as amended). territorial, or local law authorizing the issuance

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.013 H17DEPT1 H12078 CONGRESSIONAL RECORD — HOUSE December 17, 2005 of protection orders, restraining orders, or in- ing any Alaska Native village or regional or vil- gram, except that consent for release may not be junctions for the protection of victims of domes- lage corporation (as defined in, or established given by the abuser of the minor, person with tic violence, dating violence, sexual assault, or pursuant to, the Alaska Native Claims Settle- disabilities, or the abuser of the other parent of stalking. ment Act (43 U.S.C. 1601 et seq.)), that is recog- the minor. ‘‘(21) RURAL AREA AND RURAL COMMUNITY.— nized as eligible for the special programs and ‘‘(C) RELEASE.—If release of information de- The term ‘rural area’ and ‘rural community’ services provided by the United States to Indi- scribed in subparagraph (B) is compelled by mean— ans because of their status as Indians. statutory or court mandate— ‘‘(A) any area or community, respectively, no ‘‘(31) TRIBAL ORGANIZATION.—The term ‘tribal ‘‘(i) grantees and subgrantees shall make rea- part of which is within an area designated as a organization’ means— sonable attempts to provide notice to victims af- standard metropolitan statistical area by the Of- ‘‘(A) the governing body of any Indian tribe; fected by the disclosure of information; and fice of Management and Budget; or ‘‘(B) any legally established organization of ‘‘(ii) grantees and subgrantees shall take steps ‘‘(B) any area or community, respectively, Indians which is controlled, sanctioned, or necessary to protect the privacy and safety of that is— chartered by such governing body of a tribe or the persons affected by the release of the infor- ‘‘(i) within an area designated as a metropoli- tribes to be served, or which is democratically mation. tan statistical area or considered as part of a elected by the adult members of the Indian com- ‘‘(D) INFORMATION SHARING.—Grantees and metropolitan statistical area; and munity to be served by such organization and subgrantees may share— ‘‘(ii) located in a rural census tract. which includes the maximum participation of ‘‘(i) nonpersonally identifying data in the ag- ‘‘(22) RURAL STATE.—The term ‘rural State’ Indians in all phases of its activities; or gregate regarding services to their clients and means a State that has a population density of ‘‘(C) any tribal nonprofit organization. nonpersonally identifying demographic informa- 52 or fewer persons per square mile or a State in ‘‘(32) UNDERSERVED POPULATIONS.—The term tion in order to comply with Federal, State, trib- which the largest county has fewer than 150,000 ‘underserved populations’ includes populations al, or territorial reporting, evaluation, or data people, based on the most recent decennial cen- underserved because of geographic location, un- collection requirements; sus. derserved racial and ethnic populations, popu- ‘‘(ii) court-generated information and law-en- ‘‘(23) SEXUAL ASSAULT.—The term ‘sexual as- lations underserved because of special needs forcement generated information contained in sault’ means any conduct prescribed by chapter (such as language barriers, disabilities, alienage secure, governmental registries for protection 109A of title 18, United States Code, whether or status, or age), and any other population deter- order enforcement purposes; and not the conduct occurs in the special maritime mined to be underserved by the Attorney Gen- ‘‘(iii) law enforcement- and prosecution-gen- and territorial jurisdiction of the United States eral or by the Secretary of Health and Human erated information necessary for law enforce- or in a Federal prison and includes both as- Services, as appropriate. ment and prosecution purposes. saults committed by offenders who are strangers ‘‘(33) VICTIM ADVOCATE.—The term ‘victim ad- ‘‘(E) OVERSIGHT.—Nothing in this paragraph to the victim and assaults committed by offend- vocate’ means a person, whether paid or serving shall prevent the Attorney General from dis- ers who are known or related by blood or mar- as a volunteer, who provides services to victims closing grant activities authorized in this Act to riage to the victim. of domestic violence, sexual assault, stalking, or the chairman and ranking members of the Com- TALKING.—The term ‘stalking’ means ‘‘(24) S dating violence under the auspices or super- mittee on the Judiciary of the House of Rep- engaging in a course of conduct directed at a vision of a victim services program. resentatives and the Committee on the Judiciary specific person that would cause a reasonable ‘‘(34) VICTIM ASSISTANT.—The term ‘victim as- of the Senate exercising Congressional oversight person to— sistant’ means a person, whether paid or serving authority. All disclosures shall protect confiden- ‘‘(A) fear for his or her safety or the safety of as a volunteer, who provides services to victims tiality and omit personally identifying informa- others; or of domestic violence, sexual assault, stalking, or tion, including location information about indi- ‘‘(B) suffer substantial emotional distress. dating violence under the auspices or super- viduals. ‘‘(25) STATE.—The term ‘State’ means each of vision of a court or a law enforcement or pros- ‘‘(3) APPROVED ACTIVITIES.—In carrying out the several States and the District of Columbia, ecution agency. the activities under this title, grantees and sub- and except as otherwise provided, the Common- ‘‘(35) VICTIM SERVICES OR VICTIM SERVICE PRO- grantees may collaborate with and provide in- wealth of Puerto Rico, Guam, American Samoa, VIDER.—The term ‘victim services’ or ‘victim formation to Federal, State, local, tribal, and the Virgin Islands, and the Northern Mariana service provider’ means a nonprofit, nongovern- territorial public officials and agencies to de- Islands. mental organization that assists domestic vio- velop and implement policies to reduce or elimi- ‘‘(26) STATE DOMESTIC VIOLENCE COALITION.— lence, dating violence, sexual assault, or stalk- nate domestic violence, dating violence, sexual The term ‘State domestic violence coalition’ ing victims, including rape crisis centers, domes- assault, and stalking. means a program determined by the Administra- tic violence shelters, faith-based organizations, ‘‘(4) NON-SUPPLANTATION.—Any Federal funds tion for Children and Families under the Family and other organizations, with a documented received under this title shall be used to supple- Violence Prevention and Services Act (42 U.S.C. history of effective work concerning domestic vi- ment, not supplant, non-Federal funds that 10410(b)). olence, dating violence, sexual assault, or stalk- would otherwise be available for activities under ‘‘(27) STATE SEXUAL ASSAULT COALITION.—The ing. this title. term ‘State sexual assault coalition’ means a ‘‘(36) YOUTH.—The term ‘youth’ means teen program determined by the Center for Injury and young adult victims of domestic violence, ‘‘(5) USE OF FUNDS.—Funds authorized and Prevention and Control of the Centers for Dis- dating violence, sexual assault, or stalking. appropriated under this title may be used only ease Control and Prevention under the Public ‘‘(b) GRANT CONDITIONS.— for the specific purposes described in this title Health Service Act (42 U.S.C. 280b et seq.). ‘‘(1) MATCH.—No matching funds shall be re- and shall remain available until expended. ‘‘(28) TERRITORIAL DOMESTIC VIOLENCE OR quired for a grant or subgrant made under this ‘‘(6) REPORTS.—An entity receiving a grant SEXUAL ASSAULT COALITION.—The term ‘terri- title for any tribe, territory, victim service pro- under this title shall submit to the disbursing torial domestic violence or sexual assault coali- vider, or any entity that the Attorney General agency a report detailing the activities under- tion’ means a program addressing domestic or determines has adequately demonstrated finan- taken with the grant funds, including and pro- sexual violence that is— cial need. viding additional information as the agency ‘‘(A) an established nonprofit, nongovern- ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR PRI- shall require. mental territorial coalition addressing domestic VATE INFORMATION.— ‘‘(7) EVALUATION.—Federal agencies dis- violence or sexual assault within the territory; ‘‘(A) IN GENERAL.—In order to ensure the safe- bursing funds under this title shall set aside up or ty of adult, youth, and child victims of domestic to 3 percent of such funds in order to conduct— ‘‘(B) a nongovernmental organization with a violence, dating violence, sexual assault, or ‘‘(A) evaluations of specific programs or demonstrated history of addressing domestic vio- stalking, and their families, grantees and sub- projects funded by the disbursing agency under lence or sexual assault within the territory that grantees under this title shall protect the con- this title or related research; or proposes to incorporate as a nonprofit, non- fidentiality and privacy of persons receiving ‘‘(B) evaluations of promising practices or governmental territorial coalition. services. problems emerging in the field or related re- ‘‘(29) TRIBAL COALITION.—The term ‘tribal co- ‘‘(B) NONDISCLOSURE.—Subject to subpara- search, in order to inform the agency or agen- alition’ means— graphs (C) and (D), grantees and subgrantees cies as to which programs or projects are likely ‘‘(A) an established nonprofit, nongovern- shall not— to be effective or responsive to needs in the field. mental tribal coalition addressing domestic vio- ‘‘(i) disclose any personally identifying infor- ‘‘(8) NONEXCLUSIVITY.—Nothing in this title lence and sexual assault against American In- mation or individual information collected in shall be construed to prohibit male victims of do- dian or Alaskan Native women; or connection with services requested, utilized, or mestic violence, dating violence, sexual assault, ‘‘(B) individuals or organizations that propose denied through grantees’ and subgrantees’ pro- and stalking from receiving benefits and services to incorporate as nonprofit, nongovernmental grams; or under this title. tribal coalitions to address domestic violence ‘‘(ii) reveal individual client information with- ‘‘(9) PROHIBITION ON TORT LITIGATION.— and sexual assault against American Indian or out the informed, written, reasonably time-lim- Funds appropriated for the grant program Alaska Native women. ited consent of the person (or in the case of an under this title may not be used to fund civil ‘‘(30) TRIBAL GOVERNMENT.—The term ‘tribal unemancipated minor, the minor and the parent representation in a lawsuit based on a tort government’ means— or guardian or in the case of persons with dis- claim. This paragraph should not be construed ‘‘(A) the governing body of an Indian tribe; or abilities, the guardian) about whom information as a prohibition on providing assistance to ob- ‘‘(B) a tribe, band, pueblo, nation, or other or- is sought, whether for this program or any other tain restitution in a protection order or criminal ganized group or community of Indians, includ- Federal, State, tribal, or territorial grant pro- case.

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‘‘(10) PROHIBITION ON LOBBYING.—Any funds ‘‘SEC. 1002. DEFINITIONS AND GRANT CONDI- Protocol Program under paragraph (14) shall on appropriated for the grant program shall be sub- TIONS. an annual basis, receive additional training on ject to the prohibition in section 1913 of title 18, ‘‘In this division the definitions and grant the topic of incidents of domestic violence com- United States Code, relating to lobbying with conditions in section 40002 of the Violence mitted by law enforcement personnel from do- appropriated moneys. Against Women Act of 1994 shall apply.’’. mestic violence and sexual assault nonprofit or- ‘‘(11) TECHNICAL ASSISTANCE.—If there is a TITLE I—ENHANCING JUDICIAL AND LAW ganizations and, after a period of 2 years, pro- demonstrated history that the Office on Vio- ENFORCEMENT TOOLS TO COMBAT VIO- vide a report of the adopted protocol to the De- lence Against Women has previously set aside LENCE AGAINST WOMEN partment of Justice, including a summary of amounts greater than 8 percent for technical as- SEC. 101. STOP GRANTS IMPROVEMENTS. progress in implementing such protocol.’’. (c) CLARIFICATION OF ACTIVITIES REGARDING sistance and training relating to grant programs (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- UNDERSERVED POPULATIONS.—Section 2007 of authorized under this title, the Office has the tion 1001(a)(18) of title I of the Omnibus Crime the Omnibus Crime Control and Safe Streets Act authority to continue setting aside amounts Control and Safe Streets Act of 1968 (42 U.S.C. of 1968 (42 U.S.C. 3796gg–1) is amended— greater than 8 percent.’’. 3793(a)(18)) is amended by striking ‘‘$185,000,000 (1) in subsection (c)(2), by inserting before the (b) CHANGE OF CERTAIN REPORTS FROM AN- for each of fiscal years 2001 through 2005’’ and semicolon the following: ‘‘and describe how the NUAL TO BIENNIAL.— inserting ‘‘$225,000,000 for each of fiscal years State will address the needs of underserved pop- (1) STALKING AND DOMESTIC VIOLENCE.—Sec- 2007 through 2011’’. tion 40610 of the Violence Against Women Act of ulations’’; and (b) PURPOSE AREA ENHANCEMENTS.—Section (2) in subsection (e)(2), by striking subpara- 1994 (42 U.S.C. 14039) is amended by striking 2001(b) of title I of the Omnibus Crime Control graph (D) and inserting the following: ‘‘The Attorney General shall submit to the Con- and Safe Streets Act of 1968 (42 U.S.C. ‘‘(D) recognize and meaningfully respond to gress an annual report, beginning 1 year after 3796gg(b)) is amended— the needs of underserved populations and en- the date of the enactment of this Act, that pro- (1) in paragraph (10), by striking ‘‘and’’ after sure that monies set aside to fund linguistically vides’’ and inserting ‘‘Each even-numbered fis- the semicolon; and culturally specific services and activities for cal year, the Attorney General shall submit to (2) in paragraph (11), by striking the period underserved populations are distributed equi- the Congress a biennial report that provides’’. and inserting a semicolon; and tably among those populations.’’. (2) SAFE HAVENS FOR CHILDREN.—Section (3) by adding at the end the following: (d) TRIBAL AND TERRITORIAL SETASIDES.—Sec- 1301(d)(l) of the Victims of Trafficking and Vio- ‘‘(12) maintaining core victim services and tion 2007 of the Omnibus Crime Control and lence Protection Act of 2000 (42 U.S.C. criminal justice initiatives, while supporting Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is 10420(d)(1)) is amended in the matter preceding complementary new initiatives and emergency amended— subparagraph (A) by striking ‘‘Not later than 1 services for victims and their families; (1) in subsection (b)— year after the last day of the first fiscal year ‘‘(13) supporting the placement of special vic- (A) in paragraph (1), by striking ‘‘5 percent’’ commencing on or after the date of enactment of tim assistants (to be known as ‘Jessica Gonzales and inserting ‘‘10 percent’’; this Act, and not later than 180 days after the Victim Assistants’) in local law enforcement (B) in paragraph (2), striking by ‘‘1⁄54’’ and in- last day of each fiscal year thereafter,’’ and in- agencies to serve as liaisons between victims of serting ‘‘1⁄56’’; serting ‘‘Not later than 1 month after the end of domestic violence, dating violence, sexual as- (C) in paragraph (3), by striking ‘‘and the co- each even-numbered fiscal year,’’. sault, and stalking and personnel in local law alition for the combined Territories of the (3) STOP VIOLENCE AGAINST WOMEN FORMULA enforcement agencies in order to improve the en- United States, each receiving an amount equal GRANTS.—Section 2009(b) of the Omnibus Crime forcement of protection orders. Jessica Gonzales to 1⁄54’’ and inserting ‘‘coalitions for Guam, Control and Safe Streets Act of 1968 (42 U.S.C. Victim Assistants shall have expertise in domes- American Samoa, the United States Virgin Is- 3796gg–3) is amended by striking ‘‘Not later tic violence, dating violence, sexual assault, or lands, and the Commonwealth of the Northern than’’ and all that follows through ‘‘the Attor- stalking and may undertake the following ac- Mariana Islands, each receiving an amount ney General shall submit’’ and inserting the fol- tivities— equal to 1⁄56’’; and lowing: ‘‘Not later than 1 month after the end of ‘‘(A) developing, in collaboration with pros- (D) in paragraph (4), by striking ‘‘1⁄54’’ and each even-numbered fiscal year, the Attorney ecutors, courts, and victim service providers, inserting ‘‘1⁄56’’; General shall submit’’. standardized response policies for local law en- (2) in subsection (c)(3)(B), by inserting after ‘‘victim services’’ the following: ‘‘, of which at (4) TRANSITIONAL HOUSING ASSISTANCE GRANTS forcement agencies, including triage protocols to least 10 percent shall be distributed to culturally FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, ensure that dangerous or potentially lethal specific community-based organization’’; and STALKING, OR SEXUAL ASSAULT.—Section 40299(f) cases are identified and prioritized; (3) in subsection (d)— of the Violence Against Women Act of 1994 (42 ‘‘(B) notifying persons seeking enforcement of protection orders as to what responses will be (A) in paragraph (3), by striking the period U.S.C. 13975(f)) is amended by striking ‘‘shall and inserting ‘‘; and’’; and annually prepare and submit to the Committee provided by the relevant law enforcement agen- cy; (B) by adding at the end the following: on the Judiciary of the House of Representatives ‘‘(4) documentation showing that tribal, terri- ‘‘(C) referring persons seeking enforcement of and the Committee on the Judiciary of the Sen- torial, State or local prosecution, law enforce- protection orders to supplementary services ate a report that contains a compilation of the ment, and courts have consulted with tribal, ter- (such as emergency shelter programs, hotlines, information contained in the report submitted ritorial, State, or local victim service programs or legal assistance services); and under subsection (e) of this section.’’ and insert- during the course of developing their grant ap- ‘‘(D) taking other appropriate action to assist ing ‘‘shall prepare and submit to the Committee plications in order to ensure that proposed serv- or secure the safety of the person seeking en- on the Judiciary of the House of Representatives ices, activities and equipment acquisitions are forcement of a protection order; and and the Committee on the Judiciary of the Sen- designed to promote the safety, confidentiality, ate a report that contains a compilation of the ‘‘(14) to provide funding to law enforcement agencies, nonprofit nongovernmental victim and economic independence of victims of domes- information contained in the report submitted tic violence, sexual assault, stalking, and dating under subsection (e) of this section not later services providers, and State, tribal, territorial, and local governments, (which funding stream violence.’’. than 1 month after the end of each even-num- (e) TRAINING, TECHNICAL ASSISTANCE, AND shall be known as the Crystal Judson Domestic bered fiscal year.’’. DATA COLLECTION.—Section 2007 of the Omni- Violence Protocol Program) to promote— (c) DEFINITIONS AND GRANT CONDITIONS IN bus Crime Control and Safe Streets Act of 1968 ‘‘(A) the development and implementation of CRIME CONTROL ACT.— (42 U.S.C. 3796gg–1) is amended by adding at the training for local victim domestic violence serv- (1) PART T.—Part T of title I of the Omnibus end the following: ice providers, and to fund victim services per- Crime Control and Safe Streets Act of 1968 (42 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND sonnel, to be known as ‘Crystal Judson Victim U.S.C. 3796gg et seq.) is amended by striking DATA COLLECTION.— Advocates,’ to provide supportive services and section 2008 and inserting the following: ‘‘(1) IN GENERAL.—Of the total amounts ap- advocacy for victims of domestic violence com- propriated under this part, not less than 3 per- ‘‘SEC. 2008. DEFINITIONS AND GRANT CONDI- mitted by law enforcement personnel; TIONS. cent and up to 8 percent shall be available for ‘‘(B) the implementation of protocols within providing training and technical assistance re- ‘‘In this part the definitions and grant condi- law enforcement agencies to ensure consistent lating to the purpose areas of this part to im- tions in section 40002 of the Violence Against and effective responses to the commission of do- prove the capacity of grantees, subgrantees and Women Act of 1994 shall apply.’’. mestic violence by personnel within such agen- other entities. (2) PART U.—Section 2105 of the Omnibus cies (such as the model policy promulgated by ‘‘(2) INDIAN TRAINING.—The Director of the Crime Control and Safe Streets Act of 1968 is the International Association of Chiefs of Police Office on Violence Against Women shall ensure amended to read as follows: (‘Domestic Violence by Police Officers: A Policy that training or technical assistance regarding ‘‘SEC. 2105. DEFINITIONS AND GRANT CONDI- of the IACP, Police Response to Violence violence against Indian women will be developed TIONS. Against Women Project’ July 2003)); and provided by entities having expertise in ‘‘In this part the definitions and grant condi- ‘‘(C) the development of such protocols in col- tribal law, customary practices, and Federal In- tions in section 40002 of the Violence Against laboration with State, tribal, territorial and dian law.’’. Women Act of 1994 shall apply.’’. local victim service providers and domestic vio- (f) AVAILABILITY OF FORENSIC MEDICAL (d) DEFINITIONS AND GRANT CONDITIONS IN lence coalitions. EXAMS.—Section 2010 of the Omnibus Crime 2000 ACT.—Section 1002 of the Violence Against Any law enforcement, State, tribal, territorial, Control and Safe Streets Act of 1968 (42 U.S.C. Women Act of 2000 (42 U.S.C. 3796gg–2 note) is or local government agency receiving funding 3796gg–4) is amended by adding at the end the amended to read as follows: under the Crystal Judson Domestic Violence following:

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‘‘(c) USE OF FUNDS.—A State or Indian tribal (B) in paragraph (1), by— not prevent the investigation of the offense.’’; government may use Federal grant funds under (i) striking ‘‘mandatory arrest or’’; and and this part to pay for forensic medical exams per- (ii) striking ‘‘mandatory arrest programs (4) by striking subsections (d) and (e) and in- formed by trained examiners for victims of sex- and’’; serting the following: ual assault, except that such funds may not be (C) in paragraph (2), by— ‘‘(d) SPEEDY NOTICE TO VICTIMS.—A State or used to pay for forensic medical exams by any (i) inserting after ‘‘educational programs,’’ unit of local government shall not be entitled to State, Indian tribal government, or territorial the following: ‘‘protection order registries,’’; 5 percent of the funds allocated under this part government that requires victims of sexual as- (ii) striking ‘‘domestic violence and dating vio- unless the State or unit of local government— sault to seek reimbursement for such exams from lence’’ and inserting ‘‘domestic violence, dating ‘‘(1) certifies that it has a law or regulation their insurance carriers. violence, sexual assault, and stalking. Policies, that requires— ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this educational programs, protection order reg- ‘‘(A) the State or unit of local government at section shall be construed to permit a State, In- istries, and training described in this paragraph the request of a victim to administer to a defend- dian tribal government, or territorial govern- shall incorporate confidentiality, and privacy ant, against whom an information or indictment ment to require a victim of sexual assault to par- protections for victims of domestic violence, dat- is presented for a crime in which by force or ticipate in the criminal justice system or cooper- ing violence, sexual assault, and stalking’’; threat of force the perpetrator compels the vic- (D) in paragraph (3), by— ate with law enforcement in order to be provided tim to engage in sexual activity, testing for the (i) striking ‘‘domestic violence cases’’ and in- with a forensic medical exam, reimbursement for immunodeficiency virus (HIV) not later than 48 serting ‘‘domestic violence, dating violence, sex- charges incurred on account of such an exam, hours after the date on which the information ual assault, and stalking cases’’; and or both. (ii) striking ‘‘groups’’ and inserting ‘‘teams’’; or indictment is presented; ‘‘(e) JUDICIAL NOTIFICATION.— (E) in paragraph (5), by striking ‘‘domestic vi- ‘‘(B) as soon as practicable notification to the ‘‘(1) IN GENERAL.—A State or unit of local gov- olence and dating violence’’ and inserting ‘‘do- victim, or parent and guardian of the victim, ernment shall not be entitled to funds under this mestic violence, dating violence, sexual assault, and defendant of the testing results; and part unless the State or unit of local govern- and stalking’’; ‘‘(C) follow-up tests for HIV as may be medi- ment— (F) in paragraph (6), by— cally appropriate, and that as soon as prac- ‘‘(A) certifies that its judicial administrative (i) striking ‘‘other’’ and inserting ‘‘civil’’; and ticable after each such test the results be made policies and practices include notification to do- (ii) inserting after ‘‘domestic violence’’ the fol- available in accordance with subparagraph (B); mestic violence offenders of the requirements de- lowing: ‘‘, dating violence, sexual assault, and or lineated in section 922(g)(8) and (g)(9) of title 18, stalking’’; and ‘‘(2) gives the Attorney General assurances United States Code, and any applicable related (G) by adding at the end the following: that it laws and regulations will be in compli- Federal, State, or local laws; or ‘‘(9) To develop State, tribal, territorial, or ance with requirements of paragraph (1) within ‘‘(B) gives the Attorney General assurances local policies, procedures, and protocols for pre- the later of— that its judicial administrative policies and venting dual arrests and prosecutions in cases ‘‘(A) the period ending on the date on which practices will be in compliance with the require- of domestic violence, dating violence, sexual as- the next session of the State legislature ends; or ments of subparagraph (A) within the later of— sault, and stalking, and to develop effective ‘‘(B) 2 years. ‘‘(i) the period ending on the date on which methods for identifying the pattern and history ‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less the next session of the State legislature ends; or of abuse that indicates which party is the ac- than 10 percent of the total amount made avail- ‘‘(ii) 2 years. tual perpetrator of abuse. able for grants under this section for each fiscal ‘‘(2) REDISTRIBUTION.—Funds withheld from a ‘‘(10) To plan, develop and establish com- year shall be available for grants to Indian trib- State or unit of local government under sub- prehensive victim service and support centers, al governments.’’. section (a) shall be distributed to other States such as family justice centers, designed to bring (c) APPLICATIONS.—Section 2102(b) of the Om- and units of local government, pro rata.’’. together victim advocates from non-profit, non- nibus Crime Control and Safe Streets Act of 1968 (g) POLYGRAPH TESTING PROHIBITION.—Part T governmental victim services organizations, law (42 U.S.C. 3796hh–1(b)) is amended in each of of title I of the Omnibus Crime Control and Safe enforcement officers, prosecutors, probation offi- paragraphs (1) and (2) by inserting after ‘‘in- Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is cers, governmental victim assistants, forensic volving domestic violence’’ the following: ‘‘, dat- amended by adding at the end the following: medical professionals, civil legal attorneys, ing violence, sexual assault, or stalking’’. ‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION. chaplains, legal advocates, representatives from (d) TRAINING, TECHNICAL ASSISTANCE, CON- ‘‘(a) IN GENERAL.—In order to be eligible for community-based organizations and other rel- FIDENTIALITY.—Part U of title I of the Omnibus grants under this part, a State, Indian tribal evant public or private agencies or organiza- Crime Control and Safe Streets Act of 1968 (42 government, territorial government, or unit of tions into one centralized location, in order to U.S.C. 3796hh et seq.) is amended by adding at local government shall certify that, not later improve safety, access to services, and confiden- the end the following: than 3 years after the date of enactment of this tiality for victims and families. Although funds section, their laws, policies, or practices will en- ‘‘SEC. 2106. TRAINING AND TECHNICAL ASSIST- may be used to support the colocation of project ANCE. sure that no law enforcement officer, pros- partners under this paragraph, funds may not ‘‘Of the total amounts appropriated under ecuting officer or other government official shall support construction or major renovation ex- this part, not less than 5 percent and up to 8 ask or require an adult, youth, or child victim of penses or activities that fall outside of the scope percent shall be available for providing training an alleged sex offense as defined under Federal, of the other statutory purpose areas. and technical assistance relating to the purpose tribal, State, territorial, or local law to submit to ‘‘(11) To develop and implement policies and areas of this part to improve the capacity of a polygraph examination or other truth telling training for police, prosecutors, probation and grantees and other entities.’’. device as a condition for proceeding with the in- parole officers, and the judiciary in recognizing, vestigation of such an offense. SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IM- investigating, and prosecuting instances of sex- PROVEMENTS. ‘‘(b) PROSECUTION.—The refusal of a victim to ual assault, with an emphasis on recognizing Section 1201 of the Violence Against Women submit to an examination described in sub- the threat to the community for repeat crime section (a) shall not prevent the investigation, Act of 2000 (42 U.S.C. 3796gg–6) is amended— perpetration by such individuals. (1) in subsection (a), by— charging, or prosecution of the offense.’’. ‘‘(12) To develop, enhance, and maintain pro- (A) inserting before ‘‘legal assistance’’ the fol- SEC. 102. GRANTS TO ENCOURAGE ARREST AND tection order registries. lowing: ‘‘civil and criminal’’; ENFORCE PROTECTION ORDERS IM- ‘‘(13) To develop human immunodeficiency (B) inserting after ‘‘effective aid to’’ the fol- PROVEMENTS. virus (HIV) testing programs for sexual assault lowing: ‘‘adult and youth’’; and (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- perpetrators and notification and counseling (C) inserting at the end the following: ‘‘Crimi- tion 1001(a)(19) of title I of the Omnibus Crime protocols.’’;— Control and Safe Streets Act of 1968 (42 U.S.C. (3) in subsection (c)— nal legal assistance provided for under this sec- 3793(a)(19)) is amended by striking ‘‘$65,000,000 (A) in paragraph (3), by striking ‘‘and’’ after tion shall be limited to criminal matters relating for each of fiscal years 2001 through 2005’’ and the semicolon; to domestic violence, sexual assault, dating vio- inserting ‘‘$75,000,000 for each of fiscal years (B) in paragraph (4), by striking the period lence, and stalking.’’; 2007 through 2011. Funds appropriated under and inserting ‘‘; and’’; and (2) by striking subsection (b) and inserting the this paragraph shall remain available until ex- (C) by adding at the end the following: following: pended.’’. ‘‘(5) certify that, not later than 3 years after ‘‘(b) DEFINITIONS.—In this section, the defini- (b) GRANTEE REQUIREMENTS.—Section 2101 of the date of enactment of this section, their laws, tions provided in section 40002 of the Violence the Omnibus Crime Control and Safe Streets Act policies, or practices will ensure that— Against Women Act of 1994 shall apply.’’; of 1968 (42 U.S.C. 3796hh) is amended— ‘‘(A) no law enforcement officer, prosecuting (3) in subsection (c), by inserting ‘‘and tribal (1) in subsection (a), by striking ‘‘to treat do- officer or other government official shall ask or organizations, territorial organizations’’ after mestic violence as a serious violation’’ and in- require an adult, youth, or child victim of a sex ‘‘Indian tribal governments’’; serting ‘‘to treat domestic violence, dating vio- offense as defined under Federal, tribal, State, (4) in subsection (d) by striking paragraph (2) lence, sexual assault, and stalking as serious territorial, or local law to submit to a polygraph and inserting the following: violations’’; examination or other truth telling device as a ‘‘(2) any training program conducted in satis- (2) in subsection (b)— condition for proceeding with the investigation faction of the requirement of paragraph (1) has (A) in the matter before paragraph (1), by in- of such an offense; and been or will be developed with input from and in serting after ‘‘State’’ the following: ‘‘, tribal, ‘‘(B) the refusal of a victim to submit to an ex- collaboration with a tribal, State, territorial, or territorial,’’; amination described in subparagraph (A) shall local domestic violence, dating violence, sexual

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.014 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12081 assault or stalking organization or coalition, as cies and officials and nonprofit, nongovern- shall fund efforts to develop education curricula well as appropriate tribal, State, territorial, and mental organizations to improve implementation for tribal court judges to ensure that all tribal local law enforcement officials;’’. and enforcement of relevant Federal, State, trib- courts have relevant information about prom- (5) in subsection (e), by inserting ‘‘dating vio- al, territorial, and local law; ising practices, procedures, policies, and law re- lence,’’ after ‘‘domestic violence,’’; and ‘‘(4) enabling courts or court-based or court- garding tribal court responses to adult and (6) in subsection (f)— related programs to develop new or enhance youth domestic violence, dating violence, sexual (A) by striking paragraph (1) and inserting current— assault, and stalking. the following: ‘‘(A) court infrastructure (such as specialized ‘‘(b) ELIGIBLE ENTITIES.—Any curricula devel- ‘‘(1) IN GENERAL.—There is authorized to be courts, dockets, intake centers, or interpreter oped under this section— appropriated to carry out this section $65,000,000 services); ‘‘(1) shall be developed by a tribal organiza- for each of fiscal years 2007 through 2011.’’; and ‘‘(B) community-based initiatives within the tion having demonstrated expertise in devel- (B) in paragraph (2)(A), by— court system (such as court watch programs, oping judicial education curricula on issues re- (i) striking ‘‘5 percent’’ and inserting ‘‘10 per- victim assistants, or community-based supple- lating to domestic violence, dating violence, sex- cent’’; and mentary services); ual assault, and stalking; or (ii) inserting ‘‘adult and youth’’ after ‘‘that ‘‘(C) offender management, monitoring, and ‘‘(2) if the primary grantee does not have such assist’’. accountability programs; expertise, the curricula shall be developed by SEC. 104. ENSURING CRIME VICTIM ACCESS TO ‘‘(D) safe and confidential information-stor- the primary grantee through partnership with LEGAL SERVICES. age and -sharing databases within and between organizations having such expertise. (a) IN GENERAL.—Section 502 of the Depart- court systems; ‘‘SEC. 41006. AUTHORIZATION OF APPROPRIA- ment of Commerce, Justice, and State, the Judi- ‘‘(E) education and outreach programs to im- TIONS. ciary, and Related Agencies Appropriations Act, prove community access, including enhanced ac- ‘‘(a) IN GENERAL.—There is authorized to be 1998 (Public Law 105–119; 111 Stat. 2510) is cess for underserved populations; and appropriated to carry out this subtitle $5,000,000 amended— ‘‘(F) other projects likely to improve court re- for each of fiscal years 2007 to 2011. (1) in subsection (a)(2)(C)— sponses to domestic violence, dating violence, ‘‘(b) AVAILABILITY.—Funds appropriated (A) in the matter preceding clause (i), by sexual assault, and stalking; and under this section shall remain available until striking ‘‘using funds derived from a source ‘‘(5) providing technical assistance to Federal, expended and may only be used for the specific other than the Corporation to provide’’ and in- State, tribal, territorial, or local courts wishing programs and activities described in this sub- serting ‘‘providing’’; to improve their practices and procedures or to title. (B) in clause (i), by striking ‘‘in the United develop new programs. ‘‘(c) SET ASIDE.—Of the amounts made avail- States’’ and all that follows and inserting ‘‘or a ‘‘SEC. 41003. GRANT REQUIREMENTS. able under this subsection in each fiscal year, victim of sexual assault or trafficking in the ‘‘Grants awarded under this subtitle shall be not less than 10 percent shall be used for grants United States, or qualifies for immigration relief subject to the following conditions: for tribal courts, tribal court-related programs, under section 101(a)(15)(U) of the Immigration ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees and tribal nonprofits.’’. and Nationality Act (8 U.S.C. 1101(a)(15)(U)); may include— SEC. 106. FULL FAITH AND CREDIT IMPROVE- or’’; and ‘‘(A) Federal, State, tribal, territorial, or local MENTS. (C) in clause (ii), by striking ‘‘has been bat- courts or court-based programs; and (a) ENFORCEMENT OF PROTECTION ORDERS tered’’ and all that follows and inserting ‘‘, ‘‘(B) national, State, tribal, territorial, or ISSUED BY TERRITORIES.—Section 2265 of title 18, without the active participation of the alien, local private, nonprofit organizations with dem- United States Code, is amended by— has been battered or subjected to extreme cruelty onstrated expertise in developing and providing (1) striking ‘‘or Indian tribe’’ each place it ap- or a victim of sexual assault or trafficking in the judicial education about domestic violence, dat- pears and inserting ‘‘, Indian tribe, or terri- United States, or qualifies for immigration relief ing violence, sexual assault, or stalking. tory’’; and (2) striking ‘‘State or tribal’’ each place it ap- under section 101(a)(15)(U) of the Immigration ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligi- and Nationality Act (8 U.S.C. 1101(a)(15)(U)).’’; ble for a grant under this section, applicants pears and inserting ‘‘State, tribal, or terri- and shall certify in writing that— torial’’. (b) CLARIFICATION OF ENTITIES HAVING EN- (2) in subsection (b)(2), by striking ‘‘described ‘‘(A) any courts or court-based personnel FORCEMENT AUTHORITY AND RESPONSIBILITIES.— in such subsection’’ and inserting ‘‘, sexual as- working directly with or making decisions about Section 2265(a) of title 18, United States Code, is sault or trafficking, or the crimes listed in sec- adult or youth parties experiencing domestic vi- amended by striking ‘‘and enforced as if it tion 101(a)(15)(U)(iii) of the Immigration and olence, dating violence, sexual assault, and were’’ and inserting ‘‘and enforced by the court Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’. stalking have completed or will complete edu- and law enforcement personnel of the other (b) SAVINGS PROVISION.—Nothing in this Act, cation about domestic violence, dating violence, State, Indian tribal government or Territory as or the amendments made by this Act, shall be sexual assault, and stalking; construed to restrict the legal assistance pro- ‘‘(B) any education program developed under if it were’’. (c) LIMITS ON INTERNET PUBLICATION OF PRO- vided to victims of trafficking and certain family section 41002 has been or will be developed with TECTION ORDER INFORMATION.—Section 2265(d) members authorized under section 107(b)(1) of significant input from and in collaboration with of title 18, United States Code, is amended by the Trafficking Victims Protection Act of 2000 a national, tribal, State, territorial, or local vic- adding at the end the following: (22 U.S.C. 7105(b)(1)). tim services provider or coalition; and ‘‘(3) LIMITS ON INTERNET PUBLICATION OF REG- SEC. 105. THE VIOLENCE AGAINST WOMEN ACT ‘‘(C) the grantee’s internal organizational ISTRATION INFORMATION.—A State, Indian tribe, COURT TRAINING AND IMPROVE- policies, procedures, or rules do not require me- or territory shall not make available publicly on MENTS. diation or counseling between offenders and vic- the Internet any information regarding the reg- (a) VIOLENCE AGAINST WOMEN ACT COURT tims physically together in cases where domestic istration or filing of a protection order, restrain- TRAINING AND IMPROVEMENTS.—The Violence violence, dating violence, sexual assault, or ing order, or injunction in either the issuing or Against Women Act of 1994 (108 Stat. 1902 et stalking is an issue. seq.) is amended by adding at the end the fol- enforcing State, tribal or territorial jurisdiction, ‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA. lowing: if such publication would be likely to publicly ‘‘(a) IN GENERAL.—The Attorney General, reveal the identity or location of the party pro- ‘‘Subtitle J—Violence Against Women Act through the Director of the Office on Violence tected under such order. A State, Indian tribe, Court Training and Improvements Against Women, shall fund efforts to develop a or territory may share court-generated and law ‘‘SEC. 41001. SHORT TITLE. national education curriculum for use by State enforcement-generated information contained in ‘‘This subtitle may be cited as the ‘Violence and national judicial educators to ensure that secure, governmental registries for protection Against Women Act Court Training and Im- all courts and court personnel have access to in- order enforcement purposes.’’. provements Act of 2005’. formation about relevant Federal, State, terri- (d) DEFINITIONS.—Section 2266 of title 18, ‘‘SEC. 41002. PURPOSE. torial, or local law, promising practices, proce- United States Code, is amended— ‘‘The purpose of this subtitle is to enable the dures, and policies regarding court responses to (1) by striking paragraph (5) and inserting the Attorney General, though the Director of the adult and youth domestic violence, dating vio- following: Office on Violence Against Women, to award lence, sexual assault, and stalking. ‘‘(5) PROTECTION ORDER.—The term ‘protec- grants to improve court responses to adult and ‘‘(b) ELIGIBLE ENTITIES.—Any curricula devel- tion order’ includes— youth domestic violence, dating violence, sexual oped under this section— ‘‘(A) any injunction, restraining order, or any assault, and stalking to be used for— ‘‘(1) shall be developed by an entity or entities other order issued by a civil or criminal court ‘‘(1) improved internal civil and criminal court having demonstrated expertise in developing ju- for the purpose of preventing violent or threat- functions, responses, practices, and procedures; dicial education curricula on issues relating to ening acts or harassment against, sexual vio- ‘‘(2) education for court-based and court-re- domestic violence, dating violence, sexual as- lence, or contact or communication with or lated personnel on issues relating to victims’ sault, and stalking; or physical proximity to, another person, including needs, including safety, security, privacy, con- ‘‘(2) if the primary grantee does not have dem- any temporary or final order issued by a civil or fidentiality, and economic independence, as well onstrated expertise with such issues, shall be de- criminal court whether obtained by filing an as information about perpetrator behavior and veloped by the primary grantee in partnership independent action or as a pendente lite order best practices for holding perpetrators account- with an organization having such expertise. in another proceeding so long as any civil or able; ‘‘SEC. 41005. TRIBAL CURRICULA. criminal order was issued in response to a com- ‘‘(3) collaboration and training with Federal, ‘‘(a) IN GENERAL.—The Attorney General, plaint, petition, or motion filed by or on behalf State, tribal, territorial, and local public agen- through the Office on Violence Against Women, of a person seeking protection; and

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.014 H17DEPT1 H12082 CONGRESSIONAL RECORD — HOUSE December 17, 2005 ‘‘(B) any support, child custody or visitation nology and how these issues are likely to impact wealth of the Northern Mariana Islands, Amer- provisions, orders, remedies or relief issued as the safety of victims; ican Samoa, and any other territory or posses- part of a protection order, restraining order, or ‘‘(3) States or State agencies; sion of the United States. injunction pursuant to State, tribal, territorial, ‘‘(4) local governments or agencies; (4) VICTIM OF TRAFFICKING.—The term ‘‘victim or local law authorizing the issuance of protec- ‘‘(5) Indian tribal governments or tribal orga- of trafficking’’ means a person subjected to an tion orders, restraining orders, or injunctions nizations; act of trafficking. for the protection of victims of domestic vio- ‘‘(6) territorial governments, agencies, or orga- (b) GRANTS AUTHORIZED.—The Attorney Gen- lence, sexual assault, dating violence, or stalk- nizations; or eral may award grants to eligible entities to pro- ing.’’; and ‘‘(7) nonprofit nongovernmental victim advo- vide training to State and local law enforcement (2) in clauses (i) and (ii) of paragraph (7)(A), cacy organizations, including statewide domes- personnel to identify and protect victims of traf- by striking ‘‘2261A, a spouse or former spouse of tic violence and sexual assault coalitions. ficking. the abuser, a person who shares a child in com- ‘‘SEC. 41104. GRANT CONDITIONS. (c) USE OF FUNDS.—A grant awarded under mon with the abuser, and a person who cohabits ‘‘Applicants described in paragraph (1) and this section shall be used to— (1) train law enforcement personnel to iden- or has cohabited as a spouse with the abuser’’ paragraphs (3) through (6) shall demonstrate tify and protect victims of trafficking, including and inserting ‘‘2261A— that they have entered into a significant part- training such personnel to utilize Federal, State, ‘‘(I) a spouse or former spouse of the abuser, nership with a State, tribal, territorial, or local or local resources to assist victims of trafficking; a person who shares a child in common with the victim service or advocacy organization or con- abuser, and a person who cohabits or has (2) train law enforcement or State or local dition in order to develop safe, confidential, and prosecutors to identify, investigate, or prosecute cohabited as a spouse with the abuser; or effective protocols, procedures, policies, and sys- ‘‘(II) a person who is or has been in a social acts of trafficking; or tems for protecting personally identifying infor- (3) train law enforcement or State or local relationship of a romantic or intimate nature mation of victims. with the abuser, as determined by the length of prosecutors to utilize laws that prohibit acts of ‘‘SEC. 41105. AUTHORIZATION OF APPROPRIA- trafficking and to assist in the development of the relationship, the type of relationship, and TIONS. the frequency of interaction between the persons State and local laws to prohibit acts of traf- ‘‘(a) IN GENERAL.—There is authorized to be involved in the relationship’’. ficking. appropriated to carry out this subtitle $5,000,000 (d) RESTRICTIONS.— SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS for each of fiscal years 2007 through 2011. (1) ADMINISTRATIVE EXPENSES.—An eligible OF DOMESTIC VIOLENCE, DATING VI- ‘‘(b) TRIBAL ALLOCATION.—Of the amount OLENCE, SEXUAL VIOLENCE, AND entity that receives a grant under this section STALKING. made available under this section in each fiscal may use not more than 5 percent of the total The Violence Against Women Act of 1994 (108 year, 10 percent shall be used for grants to In- amount of such grant for administrative ex- Stat. 1902 et seq.) is amended by adding at the dian tribes for programs that assist victims of penses. end the following: domestic violence, dating violence, stalking, and (2) NONEXCLUSIVITY.—Nothing in this section sexual assault. may be construed to restrict the ability of an eli- ‘‘Subtitle K—Privacy Protections for Victims ‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.— gible entity to apply for or obtain funding from of Domestic Violence, Dating Violence, Sex- Of the amount made available under this sec- any other source to carry out the training de- ual Violence, and Stalking tion in each fiscal year, not less than 5 percent scribed in subsection (c). ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY shall be used for grants to organizations that (e) AUTHORIZATION OF APPROPRIATIONS.— AND CONFIDENTIALITY OF VICTIMS have expertise in confidentiality, privacy, and There are authorized to be appropriated OF DOMESTIC VIOLENCE, DATING VI- technology issues impacting victims of domestic $10,000,000 for each of the fiscal years 2007 OLENCE, SEXUAL ASSAULT, AND violence, dating violence, sexual assault, and through 2011 to carry out the provisions of this STALKING. stalking to provide technical assistance and section. ‘‘The Attorney General, through the Director training to grantees and non-grantees on how to of the Office on Violence Against Women, may SEC. 112. REAUTHORIZATION OF THE COURT-AP- improve safety, privacy, confidentiality, and POINTED SPECIAL ADVOCATE PRO- award grants under this subtitle to States, In- technology to protect victimized persons.’’. GRAM. dian tribes, territories, or local agencies or non- (a) FINDINGS.—Section 215 of the Victims of profit, nongovernmental organizations to ensure SEC. 108. SEX OFFENDER MANAGEMENT. Section 40152 of the Violent Crime Control and Child Abuse Act of 1990 (42 U.S.C. 13011) is that personally identifying information of adult, amended by striking paragraphs (1) and (2) and youth, and child victims of domestic violence, Law Enforcement Act of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and inserting inserting the following: sexual violence, stalking, and dating violence ‘‘(1) Court Appointed Special Advocates, who the following: shall not be released or disclosed to the det- may serve as guardians ad litem, are trained riment of such victimized persons. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry volunteers appointed by courts to advocate for ‘‘SEC. 41102. PURPOSE AREAS. out this section $3,000,000 for each of fiscal the best interests of children who are involved ‘‘Grants made under this subtitle may be years 2007 through 2011.’’. in the juvenile and family court system due to used— abuse or neglect; and ‘‘(1) to develop or improve protocols, proce- SEC. 109. STALKER DATABASE. ‘‘(2) in 2003, Court Appointed Special Advo- dures, and policies for the purpose of preventing Section 40603 of the Violence Against Women cate volunteers represented 288,000 children, the release of personally identifying information Act of 1994 (42 U.S.C. 14032) is amended— more than 50 percent of the estimated 540,000 of victims (such as developing alternative identi- (1) by striking ‘‘2001’’ and inserting ‘‘2007’’; children in foster care because of substantiated fiers); and cases of child abuse or neglect.’’. ‘‘(2) to defray the costs of modifying or im- (2) by striking ‘‘2006’’ and inserting ‘‘2011’’. (b) IMPLEMENTATION DATE.—Section 216 of proving existing databases, registries, and victim SEC. 110. FEDERAL VICTIM ASSISTANTS REAU- the Victims of Child Abuse Act of 1990 (42 U.S.C. notification systems to ensure that personally THORIZATION. 13012) is amended by striking ‘‘January 1, 1995’’ identifying information of victims is protected Section 40114 of the Violence Against Women and inserting ‘‘January 1, 2010’’. from release, unauthorized information sharing Act of 1994 (Public Law 103–322) is amended to (c) CLARIFICATION OF PROGRAM GOALS.—Sec- and disclosure; read as follows: tion 217 of the Victims of Child Abuse Act of ‘‘(3) to develop confidential opt out systems ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VIC- 1990 (42 U.S.C. 13013) is amended— that will enable victims of violence to make a TIM ASSISTANTS. (1) in subsection (a), by striking ‘‘to expand’’ single request to keep personally identifying in- ‘‘There are authorized to be appropriated for and inserting ‘‘to initiate, sustain, and ex- formation out of multiple databases, victim noti- the United States attorneys for the purpose of pand’’; fication systems, and registries; or appointing victim assistants for the prosecution (2) subsection (b)— ‘‘(4) to develop safe uses of technology (such of sex crimes and domestic violence crimes where (A) in paragraph (1)— as notice requirements regarding electronic sur- applicable (such as the District of Columbia), (i) by striking ‘‘subsection (a) shall be’’ and veillance by government entities), to protect $1,000,000 for each of fiscal years 2007 through inserting the following: ‘‘subsection (a)— ‘‘(A) shall be’’; against abuses of technology (such as electronic 2011.’’. (ii) by striking ‘‘(2) may be’’ and inserting the or GPS stalking), or providing training for law SEC. 111. GRANTS FOR LAW ENFORCEMENT enforcement on high tech electronic crimes of following: TRAINING PROGRAMS. ‘‘(B) may be’’; and domestic violence, dating violence, sexual as- (a) DEFINITIONS.—In this section: (iii) in subparagraph (B) (as redesignated), by sault, and stalking. (1) ACT OF TRAFFICKING.—The term ‘‘act of striking ‘‘to initiate or expand’’ and inserting ‘‘SEC. 41103. ELIGIBLE ENTITIES. trafficking’’ means an act or practice described ‘‘to initiate, sustain, and expand’’; and ‘‘Entities eligible for grants under this subtitle in paragraph (8) of section 103 of the Traf- (B) in the first sentence of paragraph (2)— include— ficking Victims Protection Act of 2000 (22 U.S.C. (i) by striking ‘‘(1)(a)’’ and inserting ‘‘(1)(A)’’; ‘‘(1) jurisdictions or agencies within jurisdic- 7102). and tions having authority or responsibility for de- (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (ii) striking ‘‘to initiate and to expand’’ and veloping or maintaining public databases, reg- ty’’ means a State or a local government. inserting ‘‘to initiate, sustain, and expand’’; istries or victim notification systems; (3) STATE.—The term ‘‘State’’ means any State and ‘‘(2) nonprofit nongovernmental victim advo- of the United States, the District of Columbia, (3) by adding at the end the following: cacy organizations having expertise regarding the Commonwealth of Puerto Rico, Guam, the ‘‘(d) BACKGROUND CHECKS.—State and local confidentiality, privacy, and information tech- United States Virgin Islands, the Common- Court Appointed Special Advocate programs are

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authorized to request fingerprint-based criminal ‘‘§ 2261A. Stalking (b) DEFINITION.—Section 2266 of title 18, background checks from the Federal Bureau of ‘‘Whoever— United States Code, is amended by adding at the Investigation’s criminal history database for ‘‘(1) travels in interstate or foreign commerce end the following: prospective volunteers. The requesting program or within the special maritime and territorial ju- ‘‘(10) DATING PARTNER.—The term ‘dating is responsible for the reasonable costs associated risdiction of the United States, or enters or partner’ refers to a person who is or has been in with the Federal records check.’’. leaves Indian country, with the intent to kill, a social relationship of a romantic or intimate (d) REPORT.—Subtitle B of title II of the Vic- injure, harass, or place under surveillance with nature with the abuser and the existence of tims of Child Abuse Act of 1990 (42 U.S.C. 13011 intent to kill, injure, harass, or intimidate an- such a relationship based on a consideration et seq.) is amended— other person, and in the course of, or as a result of— (1) by redesignating section 218 as section 219; of, such travel places that person in reasonable ‘‘(A) the length of the relationship; and and fear of the death of, or serious bodily injury to, ‘‘(B) the type of relationship; and (2) by inserting after section 217 the following or causes substantial emotional distress to that ‘‘(C) the frequency of interaction between the new section: person, a member of the immediate family (as persons involved in the relationship.’’. ‘‘SEC. 218. REPORT. defined in section 115) of that person, or the SEC. 117. PROHIBITING VIOLENCE IN SPECIAL ‘‘(a) REPORT REQUIRED.—Not later than De- spouse or intimate partner of that person; or MARITIME AND TERRITORIAL JURIS- cember 31, 2006, the Inspector General of the De- ‘‘(2) with the intent— DICTION. partment of Justice shall submit to Congress a ‘‘(A) to kill, injure, harass, or place under (a) DOMESTIC VIOLENCE.—Section 2261(a)(1) of report on the types of activities funded by the surveillance with intent to kill, injure, harass, title 18, United States Code, is amended by in- National Court-Appointed Special Advocate As- or intimidate, or cause substantial emotional serting after ‘‘Indian country’’ the following: sociation and a comparison of outcomes in cases distress to a person in another State or tribal ju- ‘‘or within the special maritime and territorial where court-appointed special advocates are in- risdiction or within the special maritime and ter- jurisdiction of the United States’’. volved and cases where court-appointed special ritorial jurisdiction of the United States; or (b) PROTECTION ORDER.—Section 2262(a)(1) of advocates are not involved. ‘‘(B) to place a person in another State or title 18, United States Code, is amended by in- ‘‘(b) ELEMENTS OF REPORT.—The report sub- tribal jurisdiction, or within the special mari- serting after ‘‘Indian country’’ the following: mitted under subsection (a) shall include infor- time and territorial jurisdiction of the United ‘‘or within the special maritime and territorial mation on the following: States, in reasonable fear of the death of, or se- jurisdiction of the United States’’. ‘‘(1) The types of activities the National rious bodily injury to— SEC. 118. UPDATING PROTECTION ORDER DEFINI- Court-Appointed Special Advocate Association ‘‘(i) that person; TION. has funded since 1993. ‘‘(ii) a member of the immediate family (as de- Section 534 of title 28, United States Code, is ‘‘(2) The outcomes in cases where court-ap- fined in section 115 of that person; or amended by striking subsection (e)(3)(B) and in- pointed special advocates are involved as com- ‘‘(iii) a spouse or intimate partner of that per- serting the following: pared to cases where court-appointed special son; ‘‘(B) the term ‘protection order’ includes— advocates are not involved, including— uses the mail, any interactive computer service, ‘‘(i) any injunction, restraining order, or any ‘‘(A) the length of time a child spends in foster or any facility of interstate or foreign commerce other order issued by a civil or criminal court care; to engage in a course of conduct that causes for the purpose of preventing violent or threat- ‘‘(B) the extent to which there is an increased substantial emotional distress to that person or ening acts or harassment against, sexual vio- provision of services; places that person in reasonable fear of the lence or contact or communication with or phys- ‘‘(C) the percentage of cases permanently death of, or serious bodily injury to, any of the ical proximity to, another person, including any closed; and persons described in clauses (i) through (iii) of temporary or final orders issued by civil or ‘‘(D) achievement of the permanent plan for subparagraph (B); criminal courts whether obtained by filing an reunification or adoption.’’. shall be punished as provided in section 2261(b) independent action or as a pendente lite order (e) AUTHORIZATION OF APPROPRIATIONS.— of this title.’’. in another proceeding so long as any civil order (1) AUTHORIZATION.—Section 219 of the Vic- (b) ENHANCED PENALTIES FOR STALKING.—Sec- was issued in response to a complaint, petition, tims of Child Abuse Act of 1990, as redesignated tion 2261(b) of title 18, United States Code, is or motion filed by or on behalf of a person seek- by subsection (d), is amended by striking sub- amended by adding at the end the following: ing protection; and section (a) and inserting the following: ‘‘(6) Whoever commits the crime of stalking in ‘‘(ii) any support, child custody or visitation ‘‘(a) AUTHORIZATION.—There is authorized to violation of a temporary or permanent civil or provisions, orders, remedies, or relief issued as be appropriated to carry out this subtitle criminal injunction, restraining order, no-con- part of a protection order, restraining order, or $12,000,000 for each of fiscal years 2007 through tact order, or other order described in section stay away injunction pursuant to State, tribal, 2011.’’. 2266 of title 18, United States Code, shall be territorial, or local law authorizing the issuance (2) PROHIBITION ON LOBBYING.—Section 219 of punished by imprisonment for not less than 1 of protection orders, restraining orders, or in- the Victims of Child Abuse Act of 1990, as redes- year.’’. junctions for the protection of victims of domes- ignated by subsection (d) and amended by para- SEC. 115. REPEAT OFFENDER PROVISION. tic violence, dating violence, sexual assault, or graphs (1) and (2), is further amended by add- Chapter 110A of title 18, United States Code, stalking.’’. ing at the end the following new subsection: is amended by adding after section 2265 the fol- SEC. 119. GAO STUDY AND REPORT. ‘‘(c) PROHIBITION ON LOBBYING.—No funds lowing: (a) STUDY REQUIRED.—The Comptroller Gen- authorized under this subtitle may be used for ‘‘§ 2265A. Repeat offenders eral shall conduct a study to establish the ex- lobbying activities in contravention of OMB Cir- ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The tent to which men, women, youth, and children cular No. A–122.’’. maximum term of imprisonment for a violation are victims of domestic violence, dating violence, SEC. 113. PREVENTING CYBERSTALKING. of this chapter after a prior domestic violence or sexual assault, and stalking and the availability (a) IN GENERAL.—Paragraph (1) of section stalking offense shall be twice the term other- to all victims of shelter, counseling, legal rep- 223(h) of the Communications Act of 1934 (47 wise provided under this chapter. resentation, and other services commonly pro- U.S.C. 223(h)(1)) is amended— ‘‘(b) DEFINITION.—For purposes of this sec- vided to victims of domestic violence. (1) in subparagraph (A), by striking ‘‘and’’ at tion— (b) ACTIVITIES UNDER STUDY.—In conducting the end; ‘‘(1) the term ‘prior domestic violence or stalk- the study, the following shall apply: (2) in subparagraph (B), by striking the period ing offense’ means a conviction for an offense— (1) CRIME STATISTICS.—The Comptroller Gen- at the end and inserting ‘‘; and’’; and ‘‘(A) under section 2261, 2261A, or 2262 of this eral shall not rely only on crime statistics, but (3) by adding at the end the following new chapter; or may also use existing research available, includ- subparagraph: ‘‘(B) under State law for an offense consisting ing public health studies and academic studies. ‘‘(C) in the case of subparagraph (C) of sub- of conduct that would have been an offense (2) SURVEY.—The Comptroller General shall section (a)(1), includes any device or software under a section referred to in subparagraph (A) survey the Department of Justice, as well as any that can be used to originate telecommuni- if the conduct had occurred within the special recipients of Federal funding for any purpose or cations or other types of communications that maritime and territorial jurisdiction of the an appropriate sampling of recipients, to deter- are transmitted, in whole or in part, by the United States, or in interstate or foreign com- mine— Internet (as such term is defined in section 1104 merce; and (A) what services are provided to victims of of the Internet Tax Freedom Act (47 U.S.C. 151 ‘‘(2) the term ‘State’ means a State of the domestic violence, dating violence, sexual as- note)).’’. United States, the District of Columbia, or any sault, and stalking; (b) RULE OF CONSTRUCTION.—This section and commonwealth, territory, or possession of the (B) whether those services are made available the amendment made by this section may not be United States.’’. to youth, child, female, and male victims; and construed to affect the meaning given the term SEC. 116. PROHIBITING DATING VIOLENCE. (C) the number, age, and gender of victims re- ‘‘telecommunications device’’ in section 223(h)(1) (a) IN GENERAL.—Section 2261(a) of title 18, ceiving each available service. of the Communications Act of 1934, as in effect United States Code, is amended— (c) REPORT.—Not later than 1 year after the before the date of the enactment of this section. (1) in paragraph (1), striking ‘‘or intimate date of the enactment of this Act, the Comp- SEC. 114. CRIMINAL PROVISION RELATING TO partner’’ and inserting ‘‘, intimate partner, or troller General shall submit to Congress a report STALKING. dating partner’’; and on the activities carried out under this section. (a) INTERSTATE STALKING.—Section 2261A of (2) in paragraph (2), striking ‘‘or intimate SEC. 120. GRANTS FOR OUTREACH TO UNDER- title 18, United States Code, is amended to read partner’’ and inserting ‘‘, intimate partner, or SERVED POPULATIONS. as follows: dating partner’’. (a) GRANTS AUTHORIZED.—

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(1) IN GENERAL.—From amounts made avail- (1) IN GENERAL.—Of the amounts appropriated tims of domestic violence, dating violence, sex- able to carry out this section, the Attorney Gen- under certain grant programs identified in para- ual assault, and stalking who face obstacles to eral, acting through the Director of the Office graph (a)(2) of this Section, the Attorney Gen- using more traditional services and resources, on Violence Against Women, shall award grants eral, through the Director of the Violence and the types of culturally and linguistically to eligible entities described in subsection (b) to Against Women Office (referred to in this sec- accessible programs, strategies, technical assist- carry out local, regional, or national public in- tion as the ‘‘Director’’), shall take 5 percent of ance, and training developed or enhanced formation campaigns focused on addressing such appropriated amounts and combine them through this program. adult, youth, or minor domestic violence, dating to establish a new grant program to enhance (e) GRANT PERIOD.—The Director shall award violence, sexual assault, stalking, or trafficking culturally and linguistically specific services for grants for a 2-year period, with a possible exten- within tribal and underserved populations and victims of domestic violence, dating violence, sion of another 2 years to implement projects immigrant communities, including information sexual assault, and stalking. Grants made under under the grant. on services available to victims and ways to pre- this new program shall be administered by the (f) EVALUATION.—The Director shall award a vent or reduce domestic violence, dating vio- Director. contract or cooperative agreement to evaluate lence, sexual assault, and stalking. (2) PROGRAMS COVERED.—The programs cov- programs under this section to an entity with (2) TERM.—The Attorney General shall award ered by paragraph (1) are the programs carried the demonstrated expertise in and primary goal grants under this section for a period of 1 fiscal out under the following provisions: of providing enhanced cultural and linguistic year. (A) Section 2101 (42 U.S.C. 3796hh), Grants to access to services and resources for victims of (b) ELIGIBLE ENTITIES.—Eligible entities under Encourage Arrest Policies. domestic violence, dating violence, sexual as- this section are— (B) Section 1201 of the Violence Against sault, and stalking who face obstacles to using (1) nonprofit, nongovernmental organizations Women Act of 2000 (42 U.S.C. 3796gg–6), Legal more traditional services and resources. or coalitions that represent the targeted tribal Assistance for Victims. (g) NON-EXCLUSIVITY.—Nothing in this Sec- and underserved populations or immigrant com- (C) Section 40295 of the Violence Against tion shall be interpreted to exclude linguistic munity that— Women Act of 1994 (42 U.S.C. 13971), Rural Do- and culturally specific community-based pro- (A) have a documented history of creating mestic Violence and Child Abuser Enforcement grams from applying to other grant programs and administering effective public awareness Assistance. authorized under this Act. campaigns addressing domestic violence, dating (D) Section lll of the Violence Against TITLE II—IMPROVING SERVICES FOR VIC- violence, sexual assault, and stalking; or Women Act of 1994 (42 U.S.C. lll), Older TIMS OF DOMESTIC VIOLENCE, DATING (B) work in partnership with an organization Battered Women. VIOLENCE, SEXUAL ASSAULT, AND that has a documented history of creating and (E) Section lll of the Violence Against STALKING administering effective public awareness cam- Women Act of 2000 (42 U.S.C. lll), Disabled paigns addressing domestic violence, dating vio- Women Program. SEC. 201. FINDINGS. lence, sexual assault, and stalking; or (b) PURPOSE OF PROGRAM AND GRANTS.— Congress finds the following: (2) a governmental entity that demonstrates a (1) GENERAL PROGRAM PURPOSE.—The purpose (1) Nearly 1⁄3 of American women report phys- partnership with organizations described in of the program required by this section is to pro- ical or sexual abuse by a husband or boyfriend paragraph (1). mote: at some point in their lives. (c) ALLOCATION OF FUNDS.—Of the amounts (A) The maintenance and replication of exist- (2) According to the National Crime Victimiza- appropriated for grants under this section— ing successful services in domestic violence, dat- tion Survey, 248,000 Americans 12 years of age (1) not more than 20 percent shall be used for ing violence, sexual assault, and stalking com- and older were raped or sexually assaulted in national model campaign materials targeted to munity-based programs providing culturally and 2002. specific tribal and underserved populations or linguistically specific services and other re- (3) Rape and sexual assault in the United immigrant community, including American In- sources. States is estimated to cost $127,000,000,000 per dian tribes and Alaskan native villages for the (B) The development of innovative culturally year, including— purposes of research, testing, message develop- and linguistically specific strategies and projects (A) lost productivity; ment, and preparation of materials; and to enhance access to services and resources for (B) medical and mental health care; (2) the balance shall be used for not less than victims of domestic violence, dating violence, (C) police and fire services; 10 State, regional, territorial, tribal, or local sexual assault, and stalking who face obstacles (D) social services; campaigns targeting specific communities with to using more traditional services and resources. (E) loss of and damage to property; and information and materials developed through (2) PURPOSES FOR WHICH GRANTS MAY BE (F) reduced quality of life. the national campaign or, if appropriate, new USED.—The Director shall make grants to com- (4) Nonreporting of sexual assault in rural materials to reach an underserved population or munity-based programs for the purpose of en- areas is a particular problem because of the a particularly isolated community. hancing culturally and linguistically specific high rate of nonstranger sexual assault. (d) USE OF FUNDS.—Funds appropriated services for victims of domestic violence, dating (5) Geographic isolation often compounds the under this section shall be used to conduct a violence, sexual assault, and stalking. Grants problems facing sexual assault victims. The lack public information campaign and build the ca- under the program shall support community- of anonymity and accessible support services pacity and develop leadership of racial, ethnic based efforts to address distinctive cultural and can limit opportunities for justice for victims. populations, or immigrant community members linguistic responses to domestic violence, dating (6) Domestic elder abuse is primarily family to address domestic violence, dating violence, violence, sexual assault, and stalking. abuse. The National Elder Abuse Incidence sexual assault, and stalking. (3) TECHNICAL ASSISTANCE AND TRAINING.—The Study found that the perpetrator was a family (e) APPLICATION.—An eligible entity desiring a Director shall provide technical assistance and member in 90 percent of cases. grant under this section shall submit an appli- training to grantees of this and other programs (7) Barriers for older victims leaving abusive cation to the Director of the Office on Violence under this Act regarding the development and relationships include— Against Women at such time, in such form, and provision of effective culturally and linguis- (A) the inability to support themselves; in such manner as the Director may prescribe. tically specific community-based services by en- (B) poor health that increases their depend- (f) CRITERIA.—In awarding grants under this tering into cooperative agreements or contracts ence on the abuser; section, the Attorney General shall ensure— with an organization or organizations having a (C) fear of being placed in a nursing home; (1) reasonable distribution among eligible demonstrated expertise in and whose primary and grantees representing various underserved and purpose is addressing the development and pro- (D) ineffective responses by domestic abuse immigrant communities; vision of culturally and linguistically specific programs and law enforcement. (2) reasonable distribution among State, re- community-based services to victims of domestic (8) Disabled women comprise another vulner- gional, territorial, tribal, and local campaigns; able population with unmet needs. Women with (3) that not more than 8 percent of the total violence, dating violence, sexual assault, and disabilities are more likely to be the victims of amount appropriated under this section for each stalking. LIGIBLE ENTITIES.—Eligible entities for abuse and violence than women without disabil- fiscal year is set aside for training, technical as- (c) E grants under this Section include— ities because of their increased physical, eco- sistance, and data collection. (1) community-based programs whose primary nomic, social, or psychological dependence on (g) REPORTS.—Each eligible entity receiving a grant under this section shall submit to the Di- purpose is providing culturally and linguis- others. rector of the Office of Violence Against Women, tically specific services to victims of domestic vi- (9) Many women with disabilities also fail to every 18 months, a report that describes the ac- olence, dating violence, sexual assault, and report the abuse, since they are dependent on tivities carried out with grant funds. stalking; and their abusers and fear being abandoned or insti- (h) AUTHORIZATION OF APPROPRIATIONS.— (2) community-based programs whose primary tutionalized. There are authorized to be appropriated to carry purpose is providing culturally and linguis- (10) Of the 598 battered women’s programs out this section $2,000,000 for each of fiscal tically specific services who can partner with a surveyed— years 2007 through 2011. program having demonstrated expertise in serv- (A) only 35 percent of these programs offered ing victims of domestic violence, dating violence, disability awareness training for their staff; and SEC. 121. ENHANCING CULTURALLY AND LIN- GUISTICALLY SPECIFIC SERVICES sexual assault, and stalking. (B) only 16 percent dedicated a staff member FOR VICTIMS OF DOMESTIC VIO- (d) REPORTING.—The Director shall issue a bi- to provide services to women with disabilities. LENCE, DATING VIOLENCE, SEXUAL ennial report on the distribution of funding (11) Problems of domestic violence are exacer- ASSAULT, AND STALKING. under this section, the progress made in repli- bated for immigrants when spouses control the (a) ESTABLISHMENT.— cating and supporting increased services to vic- immigration status of their family members, and

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abusers use threats of refusal to file immigration ‘‘(B) GRANT FUNDS.—Any funds received by a vention or have entered into a partnership with papers and threats to deport spouses and chil- State or territory under this subsection that are an organization having such expertise; dren as powerful tools to prevent battered immi- not used for administrative costs shall be used to ‘‘(C) have expertise in the development of grant women from seeking help, trapping bat- provide grants to rape crisis centers and other community-based, linguistically and culturally tered immigrant women in violent homes because nonprofit, nongovernmental organizations for specific outreach and intervention services rel- of fear of deportation. programs and activities within such State or ter- evant for the specific communities to whom as- (12) Battered immigrant women who attempt ritory that provide direct intervention and re- sistance would be provided or have the capacity to flee abusive relationships may not have ac- lated assistance. to link to existing services in the community tai- cess to bilingual shelters or bilingual profes- ‘‘(C) INTERVENTION AND RELATED ASSIST- lored to the needs of culturally specific popu- sionals, and face restrictions on public or finan- ANCE.—Intervention and related assistance lations; and cial assistance. They may also lack assistance of under subparagraph (B) may include— ‘‘(D) have an advisory board or steering com- a certified interpreter in court, when reporting ‘‘(i) 24 hour hotline services providing crisis mittee and staffing which is reflective of the tar- complaints to the police or a 9–1–1 operator, or intervention services and referral; geted culturally specific community. even in acquiring information about their rights ‘‘(ii) accompaniment and advocacy through ‘‘(3) AWARD BASIS.—The Attorney General and the legal system. medical, criminal justice, and social support sys- shall award grants under this section on a com- (13) More than 500 men and women call the tems, including medical facilities, police, and petitive basis. National Domestic Violence Hotline every day to court proceedings; ‘‘(4) DISTRIBUTION.— get immediate, informed, and confidential assist- ‘‘(iii) crisis intervention, short-term individual ‘‘(A) The Attorney General shall not use more ance to help deal with family violence. and group support services, and comprehensive than 2.5 percent of funds appropriated under (14) The National Domestic Violence Hotline service coordination and supervision to assist this subsection in any year for administration, service is available, toll-free, 24 hours a day and sexual assault victims and family or household monitoring, and evaluation of grants made 7 days a week, with bilingual staff, access to members; available under this subsection. translators in 150 languages, and a TTY line for ‘‘(iv) information and referral to assist the ‘‘(B) Up to 5 percent of funds appropriated the hearing-impaired. sexual assault victim and family or household under this subsection in any year shall be avail- (15) With access to over 5,000 shelters and members; able for technical assistance by a national, non- service providers across the United States, Puer- ‘‘(v) community-based, linguistically and cul- profit, nongovernmental organization or organi- to Rico, and the United States Virgin Islands, turally specific services and support mecha- zations whose primary focus and expertise is in the National Domestic Violence Hotline provides nisms, including outreach activities for under- addressing sexual assault within underserved crisis intervention and immediately connects served communities; and culturally specific populations. callers with sources of help in their local com- ‘‘(vi) the development and distribution of ma- ‘‘(5) TERM.—The Attorney General shall make munity. terials on issues related to the services described grants under this section for a period of no less (16) Approximately 60 percent of the callers in clauses (i) through (v). than 2 fiscal years. indicate that calling the Hotline is their first at- ‘‘(3) APPLICATION.— ‘‘(6) REPORTING.—Each entity receiving a tempt to address a domestic violence situation ‘‘(A) IN GENERAL.—Each eligible entity desir- grant under this subsection shall submit a re- and that they have not called the police or any ing a grant under this subsection shall submit port to the Attorney General that describes the other support services. an application to the Attorney General at such activities carried out with such grant funds. (17) Between 2000 and 2003, there was a 27 time and in such manner as the Attorney Gen- ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND percent increase in call volume at the National eral may reasonably require. TRIBAL SEXUAL ASSAULT COALITIONS.— Domestic Violence Hotline. ‘‘(B) CONTENTS.—Each application submitted ‘‘(1) GRANTS AUTHORIZED.— (18) Improving technology infrastructure at under subparagraph (A) shall— ‘‘(A) IN GENERAL.—The Attorney General the National Domestic Violence Hotline and ‘‘(i) set forth procedures designed to ensure shall award grants to State, territorial, and trib- training advocates, volunteers, and other staff meaningful involvement of the State or terri- al sexual assault coalitions to assist in sup- on upgraded technology will drastically increase torial sexual assault coalition and representa- porting the establishment, maintenance, and ex- the Hotline’s ability to answer more calls quick- tives from underserved communities in the devel- pansion of such coalitions. ly and effectively. opment of the application and the implementa- ‘‘(B) MINIMUM AMOUNT.—Not less than 10 per- SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. tion of the plans; cent of the total amount appropriated to carry Part T of title I of the Omnibus Crime Control ‘‘(ii) set forth procedures designed to ensure out this section shall be used for grants under and Safe Streets Act of 1968 (42 U.S.C. 3796gg et an equitable distribution of grants and grant subparagraph (A). seq.) is amended by inserting after section 2012, funds within the State or territory and between ‘‘(C) ELIGIBLE APPLICANTS.—Each of the as added by this Act, the following: urban and rural areas within such State or ter- State, territorial, and tribal sexual assault coali- ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES. ritory; tions. ‘‘(iii) identify the State or territorial agency ‘‘(2) USE OF FUNDS.—Grant funds received ‘‘(a) PURPOSES.—The purposes of this section under this subsection may be used to— are— that is responsible for the administration of pro- ‘‘(1) to assist States, Indian tribes, and terri- grams and activities; and ‘‘(A) work with local sexual assault programs tories in providing intervention, advocacy, ac- ‘‘(iv) meet other such requirements as the At- and other providers of direct services to encour- companiment, support services, and related as- torney General reasonably determines are nec- age appropriate responses to sexual assault sistance for— essary to carry out the purposes and provisions within the State, territory, or tribe; ‘‘(A) adult, youth, and child victims of sexual of this section. ‘‘(B) work with judicial and law enforcement assault; ‘‘(4) MINIMUM AMOUNT.—The Attorney Gen- agencies to encourage appropriate responses to ‘‘(B) family and household members of such eral shall allocate to each State not less than sexual assault cases; victims; and 1.50 percent of the total amount appropriated in ‘‘(C) work with courts, child protective serv- ‘‘(C) those collaterally affected by the victim- a fiscal year for grants under this section, ex- ices agencies, and children’s advocates to de- ization, except for the perpetrator of such vic- cept that the United States Virgin Islands, velop appropriate responses to child custody timization; American Samoa, Guam, the District of Colum- and visitation issues when sexual assault has ‘‘(2) to provide for technical assistance and bia, Puerto Rico, and the Commonwealth of the been determined to be a factor; training relating to sexual assault to— Northern Mariana Islands shall each be allo- ‘‘(D) design and conduct public education ‘‘(A) Federal, State, tribal, territorial and cated 0.125 percent of the total appropriations. campaigns; local governments, law enforcement agencies, The remaining funds shall be allotted to each ‘‘(E) plan and monitor the distribution of and courts; State and each territory in an amount that grants and grant funds to their State, territory, ‘‘(B) professionals working in legal, social bears the same ratio to such remaining funds as or tribe; or service, and health care settings; the population of such State and such territory ‘‘(F) collaborate with and inform Federal, ‘‘(C) nonprofit organizations; bears to the population of the combined States State, or local public officials and agencies to ‘‘(D) faith-based organizations; and or the population of the combined territories. develop and implement policies to reduce or ‘‘(E) other individuals and organizations seek- ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PRO- eliminate sexual assault. ing such assistance. GRAMS ADDRESSING SEXUAL ASSAULT.— ‘‘(3) ALLOCATION AND USE OF FUNDS.—From ‘‘(b) GRANTS TO STATES AND TERRITORIES.— ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen- amounts appropriated for grants under this sub- ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen- eral shall award grants to eligible entities to section for each fiscal year— eral shall award grants to States and territories support the establishment, maintenance, and ex- ‘‘(A) not less than 10 percent of the funds to support the establishment, maintenance, and pansion of culturally specific intervention and shall be available for grants to tribal sexual as- expansion of rape crisis centers and other pro- related assistance for victims of sexual assault. sault coalitions; grams and projects to assist those victimized by ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re- ‘‘(B) the remaining funds shall be available sexual assault. ceive a grant under this section, an entity for grants to State and territorial coalitions, and ‘‘(2) ALLOCATION AND USE OF FUNDS.— shall— the Attorney General shall allocate an amount ‘‘(A) ADMINISTRATIVE COSTS.—Not more than ‘‘(A) be a private nonprofit organization that equal to 1⁄56 of the amounts so appropriated to 5 percent of the grant funds received by a State focuses primarily on culturally specific commu- each of those State and territorial coalitions. or territory governmental agency under this nities; ‘‘(4) APPLICATION.—Each eligible entity desir- subsection for any fiscal year may be used for ‘‘(B) must have documented organizational ing a grant under this subsection shall submit administrative costs. experience in the area of sexual assault inter- an application to the Attorney General at such

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.016 H17DEPT1 H12086 CONGRESSIONAL RECORD — HOUSE December 17, 2005 time, in such manner, and containing such in- ‘‘(2) to establish and expand nonprofit, non- amount made available for each fiscal year to formation as the Attorney General determines to governmental, State, tribal, territorial, and local carry out this section shall be allocated to eligi- be essential to carry out the purposes of this sec- government victim services in rural communities ble entities located in rural States. tion. to child, youth, and adult victims; and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) FIRST-TIME APPLICANTS.—No entity shall ‘‘(3) to increase the safety and well-being of ‘‘(1) IN GENERAL.—There are authorized to be be prohibited from submitting an application women and children in rural communities, by— appropriated $55,000,000 for each of the fiscal under this subsection during any fiscal year for ‘‘(A) dealing directly and immediately with years 2007 through 2011 to carry out this sec- which funds are available under this subsection domestic violence, sexual assault, dating vio- tion. because such entity has not previously applied lence, and stalking occurring in rural commu- ‘‘(2) ADDITIONAL FUNDING.—In addition to or received funding under this subsection. nities; and funds received through a grant under subsection ‘‘(e) GRANTS TO TRIBES.— ‘‘(B) creating and implementing strategies to (b), a law enforcement agency may use funds re- ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen- increase awareness and prevent domestic vio- ceived through a grant under part Q of title I of eral may award grants to Indian tribes, tribal lence, sexual assault, dating violence, and stalk- the Omnibus Crime Control and Safe Streets Act organizations, and nonprofit tribal organiza- ing. of 1968 (42 U.S.C. 3796dd et seq.) to accomplish tions for the operation of sexual assault pro- ‘‘(b) GRANTS AUTHORIZED.—The Attorney the objectives of this section.’’. grams or projects in Indian country and Alaska General, acting through the Director of the Of- SEC. 204. TRAINING AND SERVICES TO END VIO- Native villages to support the establishment, fice on Violence Against Women (referred to in LENCE AGAINST WOMEN WITH DIS- maintenance, and expansion of programs and this section as the ‘Director’), may award grants ABILITIES. projects to assist those victimized by sexual as- to States, Indian tribes, local governments, and (a) IN GENERAL.—Section 1402 of the Violence sault. nonprofit, public or private entities, including Against Women Act of 2000 (42 U.S.C. 3796gg–7) ‘‘(2) ALLOCATION AND USE OF FUNDS.— tribal nonprofit organizations, to carry out pro- is amended to read as follows: ‘‘(A) ADMINISTRATIVE COSTS.—Not more than grams serving rural areas or rural communities ‘‘SEC. 1402. EDUCATION, TRAINING, AND EN- 5 percent of the grant funds received by an In- that address domestic violence, dating violence, HANCED SERVICES TO END VIO- dian tribe, tribal organization, and nonprofit sexual assault, and stalking by— LENCE AGAINST AND ABUSE OF tribal organization under this subsection for ‘‘(1) implementing, expanding, and estab- WOMEN WITH DISABILITIES. any fiscal year may be used for administrative lishing cooperative efforts and projects among ‘‘(a) IN GENERAL.—The Attorney General, in costs. law enforcement officers, prosecutors, victim ad- consultation with the Secretary of Health and ‘‘(B) GRANT FUNDS.—Any funds received vocacy groups, and other related parties to in- Human Services, may award grants to eligible under this subsection that are not used for ad- vestigate and prosecute incidents of domestic vi- entities— ministrative costs shall be used to provide grants olence, dating violence, sexual assault, and ‘‘(1) to provide training, consultation, and in- to tribal organizations and nonprofit tribal or- stalking; formation on domestic violence, dating violence, ganizations for programs and activities within ‘‘(2) providing treatment, counseling, advo- stalking, and sexual assault against individuals Indian country and Alaskan native villages that cacy, and other long- and short-term assistance with disabilities (as defined in section 3 of the provide direct intervention and related assist- to adult and minor victims of domestic violence, Americans with Disabilities Act of 1990 (42 ance. dating violence, sexual assault, and stalking in U.S.C. 12102)); and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— rural communities, including assistance in immi- ‘‘(2) to enhance direct services to such individ- ‘‘(1) IN GENERAL.—There are authorized to be gration matters; and uals. appropriated $50,000,000 for each of the fiscal ‘‘(3) working in cooperation with the commu- ‘‘(b) USE OF FUNDS.—Grants awarded under years 2007 through 2011 to carry out the provi- nity to develop education and prevention strate- this section shall be used— sions of this section. gies directed toward such issues. ‘‘(1) to provide personnel, training, technical ‘‘(2) ALLOCATIONS.—Of the total amounts ap- ‘‘(c) USE OF FUNDS.—Funds appropriated pur- assistance, advocacy, intervention, risk reduc- propriated for each fiscal year to carry out this suant to this section shall be used only for spe- tion and prevention of domestic violence, dating section— cific programs and activities expressly described violence, stalking, and sexual assault against ‘‘(A) not more than 2.5 percent shall be used in subsection (a). disabled individuals; by the Attorney General for evaluation, moni- ‘‘(d) ALLOTMENTS AND PRIORITIES.— ‘‘(2) to conduct outreach activities to ensure toring, and other administrative costs under this ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not less that disabled individuals who are victims of do- section; than 10 percent of the total amount made avail- mestic violence, dating violence, stalking, or sex- ‘‘(B) not more than 2.5 percent shall be used able for each fiscal year to carry out this section ual assault receive appropriate assistance; for the provision of technical assistance to shall be allocated for grants to Indian tribes or ‘‘(3) to conduct cross-training for victim serv- grantees and subgrantees under this section; tribal organizations. ice organizations, governmental agencies, ‘‘(C) not less than 65 percent shall be used for ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT.— courts, law enforcement, and nonprofit, non- grants to States and territories under subsection ‘‘(A) IN GENERAL.—Not less than 25 percent of governmental organizations serving individuals (b); the total amount appropriated in a fiscal year with disabilities about risk reduction, interven- ‘‘(D) not less than 10 percent shall be used for under this section shall fund services that mean- tion, prevention and the nature of domestic vio- making grants to State, territorial, and tribal ingfully address sexual assault in rural commu- lence, dating violence, stalking, and sexual as- sexual assault coalitions under subsection (d); nities, however at such time as the amounts ap- sault for disabled individuals; ‘‘(E) not less than 10 percent shall be used for propriated reach the amount of $45,000,000, the ‘‘(4) to provide technical assistance to assist grants to tribes under subsection (e); and percentage allocated shall rise to 30 percent of with modifications to existing policies, protocols, ‘‘(F) not less than 10 percent shall be used for the total amount appropriated, at such time as and procedures to ensure equal access to the grants for culturally specific programs address- the amounts appropriated reach the amount of services, programs, and activities of victim serv- ing sexual assault under subsection (c).’’. $50,000,000, the percentage allocated shall rise to ice organizations for disabled individuals; 35 percent of the total amount appropriated, SEC. 203. AMENDMENTS TO THE RURAL DOMES- ‘‘(5) to provide training and technical assist- TIC VIOLENCE AND CHILD ABUSE and at such time as the amounts appropriated ance on the requirements of shelters and victim ENFORCEMENT ASSISTANCE PRO- reach the amount of $55,000,000, the percentage services organizations under Federal anti- GRAM. allocated shall rise to 40 percent of the amounts discrimination laws, including— Section 40295 of the Safe Homes for Women appropriated. ‘‘(A) the Americans with Disabilities Act of Act of 1994 (42 U.S.C. 13971) is amended to read ‘‘(B) MULTIPLE PURPOSE APPLICATIONS.— 1990; and as follows: Nothing in this section shall prohibit any appli- ‘‘(B) section 504 of the Rehabilitation Act of ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DAT- cant from applying for funding to address sex- 1973; ING VIOLENCE, SEXUAL ASSAULT, ual assault, domestic violence, stalking, or dat- ‘‘(6) to modify facilities, purchase equipment, STALKING, AND CHILD ABUSE EN- ing violence in the same application. and provide personnel so that shelters and vic- FORCEMENT ASSISTANCE. ‘‘(3) ALLOTMENT FOR TECHNICAL ASSISTANCE.— tim service organizations can accommodate the ‘‘(a) PURPOSES.—The purposes of this section Of the amounts appropriated for each fiscal needs of disabled individuals; are— year to carry out this section, not more than 8 ‘‘(7) to provide advocacy and intervention ‘‘(1) to identify, assess, and appropriately re- percent may be used by the Director for tech- services for disabled individuals who are victims spond to child, youth, and adult victims of do- nical assistance costs. Of the amounts appro- of domestic violence, dating violence, stalking, mestic violence, sexual assault, dating violence, priated in this subsection, no less than 25 per- or sexual assault; or and stalking in rural communities, by encour- cent of such amounts shall be available to a ‘‘(8) to develop model programs providing ad- aging collaboration among— nonprofit, nongovernmental organization or or- vocacy and intervention services within organi- ‘‘(A) domestic violence, dating violence, sexual ganizations whose focus and expertise is in ad- zations serving disabled individuals who are vic- assault, and stalking victim service providers; dressing sexual assault to provide technical as- tims of domestic violence, dating violence, sex- ‘‘(B) law enforcement agencies; sistance to sexual assault grantees. ual assault, or stalking. ‘‘(C) prosecutors; ‘‘(4) UNDERSERVED POPULATIONS.—In award- ‘‘(c) ELIGIBLE ENTITIES.— ‘‘(D) courts; ing grants under this section, the Director shall ‘‘(1) IN GENERAL.—An entity shall be eligible ‘‘(E) other criminal justice service providers; give priority to the needs of underserved popu- to receive a grant under this section if the entity ‘‘(F) human and community service providers; lations. is— ‘‘(G) educational institutions; and ‘‘(5) ALLOCATION OF FUNDS FOR RURAL ‘‘(A) a State; ‘‘(H) health care providers; STATES.—Not less than 75 percent of the total ‘‘(B) a unit of local government;

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.016 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12087 ‘‘(C) an Indian tribal government or tribal or- (1) in subsection (d)(2), by inserting ‘‘(includ- Health and Human Services, shall award grants ganization; or ing technology training)’’ after ‘‘train;’’ to eligible entities to conduct programs to serve ‘‘(D) a nonprofit and nongovernmental victim (2) in subsection (f)(2)(A), by inserting ‘‘, in- youth victims of domestic violence, dating vio- services organization, such as a State domestic cluding technology training to ensure that all lence, sexual assault, and stalking. Amounts ap- violence or sexual assault coalition or a non- persons affiliated with the hotline are able to ef- propriated under this section may only be used profit, nongovernmental organization serving fectively operate any technological systems used for programs and activities described under sub- disabled individuals. by the hotline’’ after ‘‘hotline personnel’’; and section (c). ‘‘(2) LIMITATION.—A grant awarded for the (3) in subsection (g)(2), by striking ‘‘shall’’ ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to re- purpose described in subsection (b)(8) shall only and inserting ‘‘may’’. ceive a grant under this section, an entity shall be awarded to an eligible agency (as defined in TITLE III—SERVICES, PROTECTION, AND be— section 410 of the Rehabilitation Act of 1973 (29 JUSTICE FOR YOUNG VICTIMS OF VIO- ‘‘(1) a nonprofit, nongovernmental entity, the U.S.C. 796f–5). LENCE primary purpose of which is to provide services ‘‘(d) UNDERSERVED POPULATIONS.—In award- SEC. 301. FINDINGS. to teen and young adult victims of domestic vio- ing grants under this section, the Director shall Congress finds the following: lence, dating violence, sexual assault, or stalk- ensure that the needs of underserved popu- (1) Youth, under the age of 18, account for 67 ing; lations are being addressed. percent of all sexual assault victimizations re- ‘‘(2) a community-based organization special- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ported to law enforcement officials. izing in intervention or violence prevention serv- There are authorized to be appropriated (2) The Department of Justice consistently ices for youth; $10,000,000 for each of the fiscal years 2007 finds that young women between the ages of 16 ‘‘(3) an Indian Tribe or tribal organization through 2011 to carry out this section.’’. and 24 experience the highest rate of non-fatal providing services primarily to tribal youth or SEC. 205. TRAINING AND SERVICES TO END VIO- intimate partner violence. tribal victims of domestic violence, dating vio- LENCE AGAINST WOMEN IN LATER (3) In 1 year, over 4,000 incidents of rape or lence, sexual assault or stalking; or LIFE. sexual assault occurred in public schools across ‘‘(4) a nonprofit, nongovernmental entity pro- (a) TRAINING PROGRAMS.—Section 40802 of the the country. viding services for runaway or homeless youth Violence Against Women Act of 1994 (42 U.S.C. (4) Young people experience particular obsta- affected by domestic or sexual abuse. SE OF FUNDS.— 14041a) is amended to read as follows: cles to seeking help. They often do not have ac- ‘‘(c) U ‘‘(1) IN GENERAL.—An entity that receives a ‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES cess to money, transportation, or shelter serv- grant under this section shall use amounts pro- TO END VIOLENCE AGAINST AND ices. They must overcome issues such as distrust vided under the grant to design or replicate, and ABUSE OF WOMEN LATER IN LIFE. of adults, lack of knowledge about available re- implement, programs and services, using domes- ‘‘(a) GRANTS AUTHORIZED.—The Attorney sources, or pressure from peers and parents. tic violence, dating violence, sexual assault, and General, through the Director of the Office on (5) A needs assessment on teen relationship stalking intervention models to respond to the Violence Against Women, may award grants, abuse for the State of California, funded by the needs of youth who are victims of domestic vio- which may be used for— California Department of Health Services, iden- lence, dating violence, sexual assault or stalk- ‘‘(1) training programs to assist law enforce- tified a desire for confidentiality and confusion ing. ment, prosecutors, governmental agencies, vic- about the law as 2 of the most significant bar- tim assistants, and relevant officers of Federal, ‘‘(2) TYPES OF PROGRAMS.—Such a program— riers to young victims of domestic and dating vi- ‘‘(A) shall provide direct counseling and advo- State, tribal, territorial, and local courts in rec- olence seeking help. cacy for youth and young adults, who have ex- ognizing, addressing, investigating, and pros- (6) Only one State specifically allows for mi- perienced domestic violence, dating violence, ecuting instances of elder abuse, neglect, and nors to petition the court for protection orders. sexual assault or stalking; exploitation, including domestic violence, dating (7) Many youth are involved in dating rela- ‘‘(B) shall include linguistically, culturally, violence, sexual assault, or stalking against vic- tionships, and these relationships can include and community relevant services for under- tims who are 50 years of age or older; the same kind of domestic violence and dating served populations or linkages to existing serv- ‘‘(2) providing or enhancing services for vic- violence seen in the adult population. In fact, ices in the community tailored to the needs of tims of elder abuse, neglect, and exploitation, more than 40 percent of all incidents of domestic underserved populations; including domestic violence, dating violence, violence involve people who are not married. ‘‘(C) may include mental health services for (8) 40 percent of girls ages 14 to 17 report sexual assault, or stalking, who are 50 years of youth and young adults who have experienced knowing someone their age who has been hit or age or older; domestic violence, dating violence, sexual as- ‘‘(3) creating or supporting multidisciplinary beaten by a boyfriend, and 13 percent of college sault, or stalking; collaborative community responses to victims of women report being stalked. ‘‘(D) may include legal advocacy efforts on (9) Of college women who said they had been elder abuse, neglect, and exploitation, including behalf of youth and young adults with respect the victims of rape or attempted rape, 12.8 per- domestic violence, dating violence, sexual as- to domestic violence, dating violence, sexual as- cent of completed rapes, 35 percent of attempted sault, and stalking, who are 50 years of age or sault or stalking; older; and rapes, and 22.9 percent of threatened rapes took ‘‘(E) may work with public officials and agen- ‘‘(4) conducting cross-training for victim serv- place on a date. Almost 60 percent of the com- cies to develop and implement policies, rules, ice organizations, governmental agencies, pleted rapes that occurred on campus took place and procedures in order to reduce or eliminate courts, law enforcement, and nonprofit, non- in the victim’s residence. domestic violence, dating violence, sexual as- (10) According to a 3-year study of student- governmental organizations serving victims of sault, and stalking against youth and young athletes at 10 Division I universities, male ath- elder abuse, neglect, and exploitation, including adults; and domestic violence, dating violence, sexual as- letes made up only 3.3 percent of the general ‘‘(F) may use not more than 25 percent of the sault, and stalking, who are 50 years of age or male university population, but they accounted grant funds to provide additional services and older. for 19 percent of the students reported for sexual resources for youth, including childcare, trans- ‘‘(b) ELIGIBLE ENTITIES.—An entity shall be assault and 35 percent of domestic violence per- portation, educational support, and respite care. eligible to receive a grant under this section if petrators. ‘‘(d) AWARDS BASIS.— the entity is— SEC. 302. RAPE PREVENTION AND EDUCATION. ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less than ‘‘(1) a State; Section 393B(c) of part J of title III of the 7 percent of funds appropriated under this sec- ‘‘(2) a unit of local government; Public Health Service Act (42 U.S.C. 280b–1c(c)) tion in any year shall be available for grants to ‘‘(3) an Indian tribal government or tribal or- is amended to read as follows: Indian Tribes or tribal organizations. ganization; or ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) ADMINISTRATION.—The Attorney General ‘‘(4) a nonprofit and nongovernmental victim ‘‘(1) IN GENERAL.—There is authorized to be shall not use more than 2.5 percent of funds ap- services organization with demonstrated experi- appropriated to carry out this section $80,000,000 propriated under this section in any year for ence in assisting elderly women or demonstrated for each of fiscal years 2007 through 2011. administration, monitoring, and evaluation of experience in addressing domestic violence, dat- ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE grants made available under this section. ing violence, sexual assault, and stalking. CENTER ALLOTMENT.—Of the total amount made ‘‘(3) TECHNICAL ASSISTANCE.—Not less than 5 ‘‘(c) UNDERSERVED POPULATIONS.—In award- available under this subsection in each fiscal percent of funds appropriated under this section ing grants under this section, the Director shall year, not less than $1,500,000 shall be available in any year shall be available to provide tech- ensure that services are culturally and linguis- for allotment under subsection (b).’’. nical assistance for programs funded under this tically relevant and that the needs of under- SEC. 303. SERVICES, EDUCATION, PROTECTION, section. served populations are being addressed.’’. AND JUSTICE FOR YOUNG VICTIMS ‘‘(e) TERM.—The Attorney General shall make (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- OF VIOLENCE. the grants under this section for a period of 3 tion 40803 of the Violence Against Women Act of The Violence Against Women Act of 1994 fiscal years. 1994 (42 U.S.C. 14041b) is amended by striking (Public Law 103–322, Stat. 1902 et seq.) is ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘$5,000,000 for each of fiscal years 2001 through amended by adding at the end the following: There is authorized to be appropriated to carry 2005’’ and inserting ‘‘$10,000,000 for each of the ‘‘Subtitle L—Services, Education, Protection out this section, $15,000,000 for each of fiscal fiscal years 2007 through 2011’’. and Justice for Young Victims of Violence years 2007 through 2011. SEC. 206. STRENGTHENING THE NATIONAL DO- ‘‘SEC. 41201. SERVICES TO ADVOCATE FOR AND ‘‘SEC. 41202. ACCESS TO JUSTICE FOR YOUTH. MESTIC VIOLENCE HOTLINE. RESPOND TO YOUTH. ‘‘(a) PURPOSE.—It is the purpose of this sec- Section 316 of the Family Violence Prevention ‘‘(a) GRANTS AUTHORIZED.—The Attorney tion to encourage cross training and collabora- and Services Act (42 U.S.C. 10416) is amended— General, in consultation with the Department of tion between the courts, domestic violence and

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sexual assault service providers, youth organi- ‘‘(ii) to include linguistically, culturally, and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— zations and service providers, violence preven- community relevant services for underserved There are authorized to be appropriated to carry tion programs, and law enforcement agencies, so populations or linkages to existing services in out this section, $5,000,000 in each of fiscal years that communities can establish and implement the community tailored to the needs of under- 2007 through 2011. policies, procedures, and practices to protect served populations; and ‘‘SEC. 41203. GRANTS FOR TRAINING AND COL- and more comprehensively and effectively serve ‘‘(iii) to include where appropriate legal as- LABORATION ON THE INTERSEC- young victims of dating violence, domestic vio- sistance, referral services, and parental support; TION BETWEEN DOMESTIC VIO- lence, sexual assault, and stalking who are be- ‘‘(3) to educate the staff of courts, domestic vi- LENCE AND CHILD MALTREATMENT. tween the ages of 12 and 24, and to engage, olence and sexual assault service providers, and, ‘‘(a) PURPOSE.—The purpose of this section is where necessary, other entities addressing the as applicable, the staff of law enforcement agen- to support efforts by child welfare agencies, do- safety, health, mental health, social service, cies, Indian child welfare agencies, youth orga- mestic violence or dating violence victim services housing, and economic needs of young victims nizations, schools, healthcare providers, and providers, courts, law enforcement, and other of domestic violence, dating violence, sexual as- other community prevention and intervention related professionals and community organiza- sault, and stalking, including community-based programs to responsibly address youth victims tions to develop collaborative responses and supports such as schools, local health centers, and perpetrators of domestic violence, dating vi- services and provide cross-training to enhance community action groups, and neighborhood olence, sexual assault, and stalking; community responses to families where there is coalitions. ‘‘(4) to identify, assess, and respond appro- both child maltreatment and domestic violence. ‘‘(b) GRANT AUTHORITY.— priately to dating violence, domestic violence, ‘‘(b) GRANTS AUTHORIZED.—The Secretary of ‘‘(1) IN GENERAL.—The Attorney General, sexual assault, or stalking against teens and the Department of Health and Human Services through the Director of the Office on Violence young adults and meet the needs of young vic- (in this section referred to as the ‘Secretary’), Against Women (in this section referred to as tims of violence; and through the Family and Youth Services Bureau, the ‘Director’), shall make grants to eligible en- ‘‘(5) to provide appropriate resources in juve- and in consultation with the Office on Violence tities to carry out the purposes of this section. nile court matters to respond to dating violence, Against Women, shall award grants on a com- ‘‘(2) GRANT PERIODS.—Grants shall be award- domestic violence, sexual assault, and stalking petitive basis to eligible entities for the purposes ed under this section for a period of 2 fiscal and ensure necessary services dealing with the and in the manner described in this section. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— years. health and mental health of victims are avail- ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a There are authorized to be appropriated to carry able. grant under this section, a grant applicant shall out this section $5,000,000 for each of fiscal ‘‘(d) GRANT APPLICATIONS.—To be eligible for establish a collaboration that— a grant under this section, the entities that are years 2007 through 2011. Funds appropriated ‘‘(A) shall include a victim service provider members of the applicant collaboration described under this section shall remain available until that has a documented history of effective work in subsection (b)(3) shall jointly submit an ap- expended. Of the amounts appropriated to carry concerning domestic violence, dating violence, out this section for each fiscal year, the Sec- sexual assault, or stalking and the effect that plication to the Director at such time, in such manner, and containing such information as the retary shall— those forms of abuse have on young people; ‘‘(1) use not more than 3 percent for evalua- Director may require. ‘‘(B) shall include a court or law enforcement tion, monitoring, site visits, grantee conferences, ‘‘(e) PRIORITY.—In awarding grants under agency partner; and and other administrative costs associated with this section, the Director shall give priority to ‘‘(C) may include— conducting activities under this section; entities that have submitted applications in ‘‘(i) batterer intervention programs or sex of- ‘‘(2) set aside not more than 7 percent for partnership with community organizations and fender treatment programs with specialized grants to Indian tribes to develop programs ad- service providers that work primarily with knowledge and experience working with youth dressing child maltreatment and domestic vio- youth, especially teens, and who have dem- offenders; lence or dating violence that are operated by, or ‘‘(ii) community-based youth organizations onstrated a commitment to coalition building in partnership with, a tribal organization; and that deal specifically with the concerns and and cooperative problem solving in dealing with ‘‘(3) set aside up to 8 percent for technical as- problems faced by youth, including programs problems of dating violence, domestic violence, sistance and training to be provided by organi- that target teen parents and underserved com- sexual assault, and stalking in teen popu- zations having demonstrated expertise in devel- munities; lations. oping collaborative community and system re- ‘‘(iii) schools or school-based programs de- ‘‘(f) DISTRIBUTION.—In awarding grants sponses to families in which there is both child signed to provide prevention or intervention under this section— maltreatment and domestic violence or dating services to youth experiencing problems; ‘‘(1) not less than 10 percent of funds appro- violence, which technical assistance and train- ‘‘(iv) faith-based entities that deal with the priated under this section in any year shall be ing may be offered to jurisdictions in the process concerns and problems faced by youth; available to Indian tribal governments to estab- of developing community responses to families in ‘‘(v) healthcare entities eligible for reimburse- lish and maintain collaborations involving the which children are exposed to child maltreat- ment under title XVIII of the Social Security appropriate tribal justice and social services de- ment and domestic violence or dating violence, Act, including providers that target the special partments or domestic violence or sexual assault whether or not they are receiving funds under needs of youth; service providers, the purpose of which is to pro- this section. ‘‘(vi) education programs on HIV and other vide culturally appropriate services to American sexually transmitted diseases that are designed ‘‘(d) UNDERSERVED POPULATIONS.—In award- Indian women or youth; ing grants under this section, the Secretary to target teens; ‘‘(2) the Director shall not use more than 2.5 ‘‘(vii) Indian Health Service, tribal child pro- shall consider the needs of underserved popu- percent of funds appropriated under this section tective services, the Bureau of Indian Affairs, or lations. in any year for monitoring and evaluation of the Federal Bureau of Investigations; or ‘‘(e) GRANT AWARDS.—The Secretary shall ‘‘(viii) law enforcement agencies of the Bu- grants made available under this section; award grants under this section for periods of reau of Indian Affairs providing tribal law en- ‘‘(3) the Attorney General of the United States not more than 2 fiscal years. forcement. shall not use more than 2.5 percent of funds ap- ‘‘(f) USES OF FUNDS.—Entities receiving grants ‘‘(c) USES OF FUNDS.—An entity that receives propriated under this section in any year for under this section shall use amounts provided to a grant under this section shall use the funds administration of grants made available under develop collaborative responses and services and made available through the grant for cross- this section; and provide cross-training to enhance community re- training and collaborative efforts— ‘‘(4) up to 8 percent of funds appropriated sponses to families where there is both child ‘‘(1) addressing domestic violence, dating vio- under this section in any year shall be available maltreatment and domestic violence or dating lence, sexual assault, and stalking, assessing to provide technical assistance for programs violence. Amounts distributed under this section and analyzing currently available services for funded under this section. may only be used for programs and activities de- youth and young adult victims, determining rel- ‘‘(g) DISSEMINATION OF INFORMATION.—Not scribed in subsection (g). evant barriers to such services in a particular later than 12 months after the end of the grant ‘‘(g) PROGRAMS AND ACTIVITIES.—The pro- locality, and developing a community protocol period under this section, the Director shall pre- grams and activities developed under this sec- to address such problems collaboratively; pare, submit to Congress, and make widely tion shall— ‘‘(2) to establish and enhance linkages and available, including through electronic means, ‘‘(1) encourage cross training, education, serv- collaboration between— summaries that contain information on— ice development, and collaboration among child ‘‘(A) domestic violence and sexual assault ‘‘(1) the activities implemented by the recipi- welfare agencies, domestic violence victim serv- service providers; and ents of the grants awarded under this section; ice providers, and courts, law enforcement agen- ‘‘(B) where applicable, law enforcement agen- and cies, community-based programs, and other enti- cies, courts, Federal agencies, and other entities ‘‘(2) related initiatives undertaken by the Di- ties, in order to ensure that such entities have addressing the safety, health, mental health, so- rector to promote attention to dating violence, the capacity to and will identify, assess, and re- cial service, housing, and economic needs of domestic violence, sexual assault, and stalking spond appropriately to— young victims of abuse, including community- and their impact on young victims by— ‘‘(A) domestic violence or dating violence in based supports such as schools, local health ‘‘(A) the staffs of courts; homes where children are present and may be centers, community action groups, and neigh- ‘‘(B) domestic violence, dating violence, sexual exposed to the violence; borhood coalitions— assault, and stalking victim service providers; ‘‘(B) domestic violence or dating violence in ‘‘(i) to respond effectively and comprehen- and child protection cases; and sively to the varying needs of young victims of ‘‘(C) law enforcement agencies and commu- ‘‘(C) the needs of both the child and non- abuse; nity organizations. abusing parent;

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.017 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12089 ‘‘(2) establish and implement policies, proce- ‘‘SEC. 41204. GRANTS TO COMBAT DOMESTIC VIO- not be given by the abuser of the minor or of the dures, programs, and practices for child welfare LENCE, DATING VIOLENCE, SEXUAL other parent of the minor) about whom informa- agencies, domestic violence victim service pro- ASSAULT, AND STALKING IN MIDDLE tion is sought, whether for this program or any viders, courts, law enforcement agencies, and AND HIGH SCHOOLS. other Tribal, Federal, State or Territorial grant other entities, that are consistent with the prin- ‘‘(a) SHORT TITLE.—This section may be cited program. If release of such information is com- ciples of protecting and increasing the imme- as the ‘Supporting Teens through Education pelled by statutory or court mandate, grantees diate and long-term safety and well being of and Protection Act of 2005’ or the ‘STEP Act’. and subgrantees shall make reasonable attempts ‘‘(b) GRANTS AUTHORIZED.—The Attorney children and non-abusing parents and care- to provide notice to victims affected by the dis- General, through the Director of the Office on takers; closure of information. If such personally iden- Violence Against Women, is authorized to tifying information is or will be revealed, grant- ‘‘(3) increase cooperation and enhance link- award grants to middle schools and high schools ees and subgrantees shall take steps necessary ages between child welfare agencies, domestic that work with domestic violence and sexual as- to protect the privacy and safety of the persons violence victim service providers, courts, law en- sault experts to enable the schools— affected by the release of the information. forcement agencies, and other entities to provide ‘‘(1) to provide training to school administra- Grantees may share non-personally identifying more comprehensive community-based services tors, faculty, counselors, coaches, healthcare data in the aggregate regarding services to their (including health, mental health, social service, providers, security personnel, and other staff on clients and non-personally identifying demo- housing, and neighborhood resources) to protect the needs and concerns of students who experi- graphic information in order to comply with and to serve both child and adult victims; ence domestic violence, dating violence, sexual Tribal, Federal, State or Territorial reporting, ‘‘(4) identify, assess, and respond appro- assault, or stalking, and the impact of such vio- evaluation, or data collection requirements. priately to domestic violence or dating violence lence on students; Grantees and subgrantees may share court-gen- in child protection cases and to child maltreat- ‘‘(2) to develop and implement policies in mid- erated information contained in secure, govern- ment when it co-occurs with domestic violence dle and high schools regarding appropriate, safe mental registries for protection order enforce- or dating violence; responses to, and identification and referral ment purposes. procedures for, students who are experiencing or ‘‘(5) analyze and change policies, procedures, ‘‘(f) GRANT TERM AND ALLOCATION.— perpetrating domestic violence, dating violence, and protocols that contribute to overrepresenta- ‘‘(1) TERM.—The Director shall make the tion of certain populations in the court and sexual assault, or stalking, including procedures grants under this section for a period of 3 fiscal child welfare system; and for handling the requirements of court protec- years. tive orders issued to or against students or ‘‘(6) provide appropriate referrals to commu- ‘‘(2) ALLOCATION.—Not more than 15 percent nity-based programs and resources, such as school personnel, in a manner that ensures the of the funds available to a grantee in a given health and mental health services, shelter and safety of the victim and holds the perpetrator year shall be used for the purposes described in housing assistance for adult and youth victims accountable; subsection (b)(4)(D), (b),(5), and (b)(6). ‘‘(3) to provide support services for students and their children, legal assistance and advo- ‘‘(g) DISTRIBUTION.— and school personnel, such as a resource person cacy for adult and youth victims, assistance for ‘‘(1) IN GENERAL.—Not less than 5 percent of who is either on-site or on-call, and who is an parents to help their children cope with the im- funds appropriated under subsection (l) in any expert described in subsections (i)(2) and (i)(3), pact of exposure to domestic violence or dating year shall be available for grants to tribal for the purpose of developing and strengthening violence and child maltreatment, appropriate schools, schools on tribal lands or schools whose effective prevention and intervention strategies intervention and treatment for adult perpetra- student population is more than 25 percent Na- for students and school personnel experiencing tors of domestic violence or dating violence tive American. domestic violence, dating violence, sexual as- whose children are the subjects of child protec- ‘‘(2) ADMINISTRATION.—The Director shall not sault or stalking; tion cases, programs providing support and as- use more than 5 percent of funds appropriated ‘‘(4) to provide developmentally appropriate sistance to underserved populations, and other under subsection (l) in any year for administra- educational programming to students regarding necessary supportive services. tion, monitoring and evaluation of grants made domestic violence, dating violence, sexual as- available under this section. ‘‘(h) GRANTEE REQUIREMENTS.— sault, and stalking, and the impact of experi- ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND ‘‘(1) APPLICATIONS.—Under this section, an encing domestic violence, dating violence, sexual DATA COLLECTION.—Not less than 5 percent of entity shall prepare and submit to the Secretary assault, and stalking on children and youth by funds appropriated under subsection (l) in any an application at such time, in such manner, adapting existing curricula activities to the rel- year shall be available to provide training, tech- and containing such information as the Sec- evant student population; nical assistance, and data collection for pro- retary may require, consistent with the require- ‘‘(5) to work with existing mentoring programs grams funded under this section. ments described herein. The application shall— and develop strong mentoring programs for stu- ‘‘(h) APPLICATION.—To be eligible to be ‘‘(A) ensure that communities impacted by dents, including student athletes, to help them awarded a grant or contract under this section these systems or organizations are adequately understand and recognize violence and violent for any fiscal year, a middle or secondary represented in the development of the applica- behavior, how to prevent it and how to appro- school, in consultation with an expert as de- tion, the programs and activities to be under- priately address their feelings; and scribed in subsections (i)(2) and (i)(3), shall sub- taken, and that they have a significant role in ‘‘(6) to conduct evaluations to assess the im- mit an application to the Director at such time evaluating the success of the project; pact of programs and policies assisted under this and in such manner as the Director shall pre- ‘‘(B) describe how the training and collabora- section in order to enhance the development of scribe. tion activities will enhance or ensure the safety the programs. ‘‘(i) ELIGIBLE ENTITIES.—To be eligible to re- ‘‘(c) AWARD BASIS.—The Director shall award and economic security of families where both ceive a grant under this section, an entity shall grants and contracts under this section on a child maltreatment and domestic violence or be a partnership that— competitive basis. dating violence occurs by providing appropriate ‘‘(1) shall include a public, charter, tribal, or ‘‘(d) POLICY DISSEMINATION.—The Director resources, protection, and support to the victim- nationally accredited private middle or high shall disseminate to middle and high schools ized parents of such children and to the chil- school, a school administered by the Department any existing Department of Justice, Department dren themselves; and of Defense under 10 U.S.C. 2164 or 20 U.S.C. 921, of Health and Human Services, and Department a group of schools, or a school district; ‘‘(C) outline methods and means participating of Education policy guidance and curricula re- ‘‘(2) shall include a domestic violence victim entities will use to ensure that all services are garding the prevention of domestic violence, service provider that has a history of working provided in a developmentally, linguistically dating violence, sexual assault, and stalking, on domestic violence and the impact that domes- and culturally competent manner and will uti- and the impact of the violence on children and tic violence and dating violence have on chil- lize community-based supports and resources. youth. dren and youth; ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a ‘‘(e) NONDISCLOSURE OF CONFIDENTIAL OR ‘‘(3) shall include a sexual assault victim serv- grant under this section, an entity shall be a PRIVATE INFORMATION.—In order to ensure the ice provider, such as a rape crisis center, pro- collaboration that— safety of adult, youth, and minor victims of do- gram serving tribal victims of sexual assault, or ‘‘(A) shall include a State or local child wel- mestic violence, dating violence, sexual assault, coalition or other nonprofit nongovernmental fare agency or Indian Tribe; or stalking and their families, grantees and sub- organization carrying out a community-based ‘‘(B) shall include a domestic violence or dat- grantees shall protect the confidentiality and sexual assault program, that has a history of ef- ing violence victim service provider; privacy of persons receiving services. Grantees fective work concerning sexual assault and the and subgrantees pursuant to this section shall impact that sexual assault has on children and ‘‘(C) shall include a law enforcement agency not disclose any personally identifying informa- youth; and or Bureau of Indian Affairs providing tribal law tion or individual information collected in con- ‘‘(4) may include a law enforcement agency, enforcement; nection with services requested, utilized, or de- the State, Tribal, Territorial or local court, non- ‘‘(D) may include a court; and nied through grantees’ and subgrantees’ pro- profit nongovernmental organizations and serv- ‘‘(E) may include any other such agencies or grams. Grantees and subgrantees shall not re- ice providers addressing sexual harassment, bul- private nonprofit organizations and faith-based veal individual client information without the lying or gang-related violence in schools, and organizations, including community-based orga- informed, written, reasonably time-limited con- any other such agencies or nonprofit non- nizations, with the capacity to provide effective sent of the person (or in the case of governmental organizations with the capacity to help to the child and adult victims served by the unemancipated minor, the minor and the parent provide effective assistance to the adult, youth, collaboration. or guardian, except that consent for release may and minor victims served by the partnership.

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‘‘(j) PRIORITY.—In awarding grants under available minimum standards of training relat- (F) include such other information and assur- this section, the Director shall give priority to ing to domestic violence, dating violence, sexual ances as the Attorney General reasonably deter- entities that have submitted applications in assault, and stalking on campus, for all campus mines to be necessary. partnership with relevant courts or law enforce- security personnel and personnel serving on (3) COMPLIANCE WITH CAMPUS CRIME REPORT- ment agencies. campus disciplinary or judicial boards. ING REQUIRED.—No institution of higher edu- ‘‘(k) REPORTING AND DISSEMINATION OF IN- (3) To implement and operate education pro- cation shall be eligible for a grant under this FORMATION.— grams for the prevention of domestic violence, section unless such institution is in compliance ‘‘(1) REPORTING.—Each of the entities that are dating violence, sexual assault, and stalking. with the requirements of section 485(f) of the members of the applicant partnership described (4) To develop, enlarge, or strengthen victim Higher Education Act of 1965 (20 U.S.C. 1092(f)). in subsection (i), that receive a grant under this services programs on the campuses of the insti- Up to $200,000 of the total amount of grant section shall jointly prepare and submit to the tutions involved, including programs providing funds appropriated under this section for fiscal Director every 18 months a report detailing the legal, medical, or psychological counseling, for years 2007 through 2011 may be used to provide activities that the entities have undertaken victims of domestic violence, dating violence, technical assistance in complying with the man- under the grant and such additional informa- sexual assault, and stalking, and to improve de- datory reporting requirements of section 485(f) tion as the Director shall require. livery of victim assistance on campus. To the ex- of such Act. ‘‘(2) DISSEMINATION OF INFORMATION.—Within tent practicable, such an institution shall col- (d) GENERAL TERMS AND CONDITIONS.— 9 months of the completion of the first full grant laborate with any entities carrying out non- (1) NONMONETARY ASSISTANCE.—In addition to cycle, the Director shall publicly disseminate, profit and other victim services programs, in- the assistance provided under this section, the including through electronic means, model poli- cluding domestic violence, dating violence, sex- Attorney General may request any Federal cies and procedures developed and implemented ual assault, and stalking victim services pro- agency to use the agency’s authorities and the in middle and high schools by the grantees, in- grams in the community in which the institution resources granted to the agency under Federal cluding information on the impact the policies is located. If appropriate victim services pro- law (including personnel, equipment, supplies, have had on their respective schools and com- grams are not available in the community or are facilities, and managerial, technical, and advi- munities. not accessible to students, the institution shall, sory services) in support of campus security, ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— to the extent practicable, provide a victim serv- and investigation and victim service efforts. ‘‘(1) IN GENERAL.—There is authorized to be ices program on campus or create a victim serv- (2) GRANTEE REPORTING.— appropriated to carry out this section, $5,000,000 ices program in collaboration with a community- (A) ANNUAL REPORT.—Each institution of for each of fiscal years 2007 through 2011. based organization. The institution shall use higher education receiving a grant under this ‘‘(2) AVAILABILITY.—Funds appropriated not less than 20 percent of the funds made section shall submit a biennial performance re- under paragraph (1) shall remain available available through the grant for a victim services port to the Attorney General. The Attorney Gen- until expended.’’. program provided in accordance with this para- eral shall suspend funding under this section SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES graph. for an institution of higher education if the in- ON CAMPUSES. (5) To create, disseminate, or otherwise pro- stitution fails to submit such a report. (a) GRANTS AUTHORIZED.— vide assistance and information about victims’ (B) FINAL REPORT.—Upon completion of the (1) IN GENERAL.—The Attorney General is au- options on and off campus to bring disciplinary grant period under this section, the institution thorized to make grants to institutions of higher or other legal action, including assistance to shall file a performance report with the Attor- education, for use by such institutions or con- victims in immigration matters. ney General and the Secretary of Education ex- sortia consisting of campus personnel, student (6) To develop, install, or expand data collec- plaining the activities carried out under this organizations, campus administrators, security tion and communication systems, including com- section together with an assessment of the effec- personnel, and regional crisis centers affiliated puterized systems, linking campus security to tiveness of those activities in achieving the pur- with the institution, to develop and strengthen the local law enforcement for the purpose of poses described in subsection (b). effective security and investigation strategies to identifying and tracking arrests, protection or- (3) REPORT TO CONGRESS.—Not later than 180 combat domestic violence, dating violence, sex- ders, violations of protection orders, prosecu- days after the end of the fiscal year for which ual assault, and stalking on campuses, and to tions, and convictions with respect to the crimes grants are awarded under this section, the At- develop and strengthen victim services in cases of domestic violence, dating violence, sexual as- torney General shall submit to Congress a report involving such crimes against women on cam- sault, and stalking on campus. that includes— (7) To provide capital improvements (includ- puses, which may include partnerships with (A) the number of grants, and the amount of ing improved lighting and communications fa- local criminal justice authorities and commu- funds, distributed under this section; cilities but not including the construction of nity-based victim services agencies. (B) a summary of the purposes for which the buildings) on campuses to address the crimes of (2) AWARD BASIS.—The Attorney General shall grants were provided and an evaluation of the domestic violence, dating violence, sexual as- award grants and contracts under this section progress made under the grant; sault, and stalking. on a competitive basis for a period of 3 years. (C) a statistical summary of the persons (8) To support improved coordination among The Attorney General, through the Director of served, detailing the nature of victimization, campus administrators, campus security per- the Office on Violence Against Women, shall and providing data on age, sex, race, ethnicity, sonnel, and local law enforcement to reduce do- award the grants in amounts of not more than language, disability, relationship to offender, mestic violence, dating violence, sexual assault, $500,000 for individual institutions of higher geographic distribution, and type of campus; and stalking on campus. education and not more than $1,000,000 for con- and (c) APPLICATIONS.— (D) an evaluation of the effectiveness of pro- sortia of such institutions. (1) IN GENERAL.—In order to be eligible to be grams funded under this part. (3) EQUITABLE PARTICIPATION.—The Attorney awarded a grant under this section for any fis- (e) AUTHORIZATION OF APPROPRIATIONS.—For General shall make every effort to ensure— cal year, an institution of higher education (A) the equitable participation of private and the purpose of carrying out this section, there shall submit an application to the Attorney are authorized to be appropriated $12,000,000 for public institutions of higher education in the General at such time and in such manner as the activities assisted under this section; fiscal year 2007 and $15,000,000 for each of fiscal Attorney General shall prescribe. years 2008 through 2011. (B) the equitable geographic distribution of (2) CONTENTS.—Each application submitted grants under this section among the various re- (f) REPEAL.—Section 826 of the Higher Edu- under paragraph (1) shall— cation Amendments of 1998 (20 U.S.C. 1152) is re- gions of the United States; and (A) describe the need for grant funds and the pealed. (C) the equitable distribution of grants under plan for implementation for any of the purposes this section to tribal colleges and universities described in subsection (b); SEC. 305. JUVENILE JUSTICE. and traditionally black colleges and univer- (B) include proof that the institution of high- Section 223(a) of the Juvenile Justice and De- sities. er education collaborated with any non-profit, linquency Prevention Act of 1974 (42 U.S.C. (b) USE OF GRANT FUNDS.—Grant funds nongovernmental entities carrying out other vic- 5633(a)) is amended— awarded under this section may be used for the tim services programs, including domestic vio- (1) in paragraph (7)(B)— following purposes: lence, dating violence, sexual assault, and stalk- (A) by redesignating clauses (i), (ii) and (iii), (1) To provide personnel, training, technical ing victim services programs in the community as clauses (ii), (iii), and (iv), respectively; and assistance, data collection, and other equipment in which the institution is located; (B) by inserting before clause (ii) the fol- with respect to the increased apprehension, in- (C) describe the characteristics of the popu- lowing: vestigation, and adjudication of persons commit- lation being served, including type of campus, ‘‘(i) an analysis of gender-specific services for ting domestic violence, dating violence, sexual demographics of the population, and number of the prevention and treatment of juvenile delin- assault, and stalking on campus. students; quency, including the types of such services (2) To train campus administrators, campus (D) provide measurable goals and expected re- available and the need for such services;’’. security personnel, and personnel serving on sults from the use of the grant funds; SEC. 306. SAFE HAVENS. campus disciplinary or judicial boards to de- (E) provide assurances that the Federal funds Section 1301 of the Victims of Trafficking and velop and implement campus policies, protocols, made available under this section shall be used Violence Protection Act of 2000 (42 U.S.C. 10420) and services that more effectively identify and to supplement and, to the extent practical, in- is amended— respond to the crimes of domestic violence, dat- crease the level of funds that would, in the ab- (1) by striking the section heading and insert- ing violence, sexual assault, and stalking. With- sence of Federal funds, be made available by the ing the following: in 90 days after the date of enactment of this institution for the purposes described in sub- ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; Act, the Attorney General shall issue and make section (b); and (2) in subsection (a)—

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.017 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12091 (A) by inserting ‘‘, through the Director of the ‘‘(8) in a national survey of more than 6,000 provide the training and direct services ref- Office on Violence Against Women,’’ after ‘‘At- American families, 50 percent of men who fre- erenced in this subsection. torney General’’; quently assaulted their wives also frequently ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to re- (B) by inserting ‘‘dating violence,’’ after ‘‘do- abused their children. ceive a grant under this section, an entity shall mestic violence,’’; ‘‘SEC. 41302. PURPOSE. be a— (C) by striking ‘‘to provide’’ and inserting the ‘‘The purpose of this subtitle is to— ‘‘(1) a victim service provider, tribal nonprofit following: ‘‘(1) prevent crimes involving violence against organization or community-based organization ‘‘(1) to provide’’; women, children, and youth; that has a documented history of effective work (D) by striking the period at the end and in- ‘‘(2) increase the resources and services avail- concerning children or youth exposed to domes- serting a semicolon; and tic violence, dating violence, sexual assault, or (E) by adding at the end the following: able to prevent violence against women, chil- dren, and youth; stalking, including programs that provide cul- ‘‘(2) to protect children from the trauma of turally specific services, Head Start, childcare, witnessing domestic or dating violence or experi- ‘‘(3) reduce the impact of exposure to violence in the lives of children and youth so that the faith-based organizations, after school pro- encing abduction, injury, or death during par- grams, and health and mental health providers; ent and child visitation exchanges; intergenerational cycle of violence is inter- rupted; or ‘‘(3) to protect parents or caretakers who are ‘‘(2) a State, territorial, or tribal, or local unit ‘‘(4) develop and implement education and victims of domestic and dating violence from ex- of government agency that is partnered with an services programs to prevent children in vulner- periencing further violence, abuse, and threats organization described in paragraph (1). able families from becoming victims or perpetra- during child visitation exchanges; and ‘‘(e) GRANTEE REQUIREMENTS.—Under this tors of domestic violence, dating violence, sexual ‘‘(4) to protect children from the trauma of ex- section, an entity shall— periencing sexual assault or other forms of assault, or stalking; ‘‘(1) prepare and submit to the Director an ap- physical assault or abuse during parent and ‘‘(5) promote programs to ensure that children plication at such time, in such manner, and child visitation and visitation exchanges.’’; and and youth receive the assistance they need to containing such information as the Director (3) by striking subsection (e) and inserting the end the cycle of violence and develop mutually may require; and following: respectful, nonviolent relationships; and ‘‘(2) at a minimum, describe in the application ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(6) encourage collaboration among commu- the policies and procedures that the entity has ‘‘(1) IN GENERAL.—There is authorized to be nity-based organizations and governmental or will adopt to— appropriated to carry out this section, agencies serving children and youth, providers ‘‘(A) enhance or ensure the safety and secu- $20,000,000 for each of fiscal years 2007 through of health and mental health services and pro- rity of children who have been or are being ex- 2011. Funds appropriated under this section viders of domestic violence, dating violence, sex- posed to violence and their nonabusing parent, shall remain available until expended. ual assault, and stalking victim services to pre- enhance or ensure the safety and security of ‘‘(2) USE OF FUNDS.—Of the amounts appro- vent violence against women and children. children and their nonabusing parent in homes priated to carry out this section for each fiscal ‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND already experiencing domestic violence, dating year, the Attorney General shall— YOUTH EXPOSED TO VIOLENCE. violence, sexual assault, or stalking; and ‘‘(A) set aside not less than 7 percent for ‘‘(a) GRANTS AUTHORIZED.— ‘‘(B) ensure linguistically, culturally, and grants to Indian tribal governments or tribal or- ‘‘(1) IN GENERAL.—The Attorney General, act- community relevant services for underserved ganizations; ing through the Director of the Office on Vio- communities. ‘‘(B) use not more than 3 percent for evalua- lence Against Women, and in collaboration with ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND tion, monitoring, site visits, grantee conferences, the Department of Health and Human Services, PILOT PROGRAMS FOR HOME VISITA- and other administrative costs associated with is authorized to award grants on a competitive TION PROJECTS. conducting activities under this section; and basis to eligible entities for the purpose of miti- ‘‘(a) GRANTS AUTHORIZED.— ‘‘(C) set aside not more than 8 percent for gating the effects of domestic violence, dating ‘‘(1) IN GENERAL.—The Attorney General, act- technical assistance and training to be provided violence, sexual assault, and stalking on chil- ing through the Director of the Office on Vio- by organizations having nationally recognized dren exposed to such violence, and reducing the lence Against Women, and in collaboration with expertise in the design of safe and secure super- risk of future victimization or perpetration of the Department of Health and Human Services, vised visitation programs and visitation ex- domestic violence, dating violence, sexual as- shall award grants on a competitive basis to change of children in situations involving do- sault, and stalking. home visitation programs, in collaboration with mestic violence, dating violence, sexual assault, ‘‘(2) TERM.—The Director shall make grants victim service providers, for the purposes of de- or stalking.’’. under this section for a period of 2 fiscal years. veloping and implementing model policies and TITLE IV—STRENGTHENING AMERICA’S ‘‘(3) AWARD BASIS.—The Director shall award procedures to train home visitation service pro- FAMILIES BY PREVENTING VIOLENCE grants— viders on addressing domestic violence, dating SEC. 401. PREVENTING VIOLENCE AGAINST ‘‘(A) considering the needs of underserved violence, sexual assault, and stalking in families WOMEN AND CHILDREN. populations; experiencing violence, or at risk of violence, to The Violence Against Women Act of 1994 (108 ‘‘(B) awarding not less than 10 percent of reduce the impact of that violence on children, Stat. 1902 et seq.) is amended by adding at the such amounts to Indian tribes for the funding of maintain safety, improve parenting skills, and end the following: tribal projects from the amounts made available break intergenerational cycles of violence. ‘‘(2) TERM.—The Director shall make the ‘‘Subtitle M—Strengthening America’s Fami- under this section for a fiscal year; grants under this section for a period of 2 fiscal lies by Preventing Violence Against Women ‘‘(C) awarding up to 8 percent for the funding years. and Children of technical assistance programs from the amounts made available under this section for a ‘‘(3) AWARD BASIS.—The Director shall— ‘‘SEC. 41301. FINDINGS. ‘‘(A) consider the needs of underserved popu- fiscal year; and ‘‘Congress finds that— lations; ‘‘(D) awarding not less than 66 percent to pro- ‘‘(1) the former United States Advisory Board ‘‘(B) award not less than 7 percent of such grams described in subsection (c)(1) from the on Child Abuse suggests that domestic violence amounts for the funding of tribal projects from amounts made available under this section for a may be the single major precursor to child abuse the amounts made available under this section fiscal year. and neglect fatalities in this country; for a fiscal year; and ‘‘(2) studies suggest that as many as 10,000,000 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) award up to 8 percent for the funding of children witness domestic violence every year; There is authorized to be appropriated to carry technical assistance programs from the amounts ‘‘(3) studies suggest that among children and out this section $20,000,000 for each of fiscal made available under this section for a fiscal teenagers, recent exposure to violence in the years 2007 through 2011. year. home was a significant factor in predicting a ‘‘(c) USE OF FUNDS.—The funds appropriated ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— child’s violent behavior; under this section shall be used for— There is authorized to be appropriated to carry ‘‘(4) a study by the Nurse-Family Partnership ‘‘(1) programs that provide services for chil- out this section $7,000,000 for each of fiscal found that children whose parents did not par- dren exposed to domestic violence, dating vio- years 2007 through 2011. ticipate in home visitation programs that pro- lence, sexual assault, or stalking, which may in- ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to re- vided coaching in parenting skills, advice and clude direct counseling, advocacy, or mentoring, ceive a grant under this section, an entity shall support, were almost 5 times more likely to be and must include support for the nonabusing be a national, Federal, State, local, territorial, abused in their first 2 years of life; parent or the child’s caretaker; or or tribal— ‘‘(5) a child’s exposure to domestic violence ‘‘(2) training, coordination, and advocacy for ‘‘(1) home visitation program that provides seems to pose the greatest independent risk for programs that serve children and youth (such as services to pregnant women and to young chil- being the victim of any act of partner violence Head Start, child care, and after-school pro- dren and their parent or primary caregiver that as an adult; grams) on how to safely and confidentially are provided in the permanent or temporary res- ‘‘(6) children exposed to domestic violence are identify children and families experiencing do- idence or in other familiar surroundings of the more likely to believe that using violence is an mestic violence and properly refer them to pro- individual or family receiving such services; or effective means of getting one’s needs met and grams that can provide direct services to the ‘‘(2) victim services organization or agency in managing conflict in close relationships; family and children, and coordination with collaboration with an organization or organiza- ‘‘(7) children exposed to abusive parenting, other domestic violence or other programs serv- tions listed in paragraph (1). harsh or erratic discipline, or domestic violence ing children exposed to domestic violence, dat- ‘‘(d) GRANTEE REQUIREMENTS.—Under this are at increased risk for juvenile crime; and ing violence, sexual assault, or stalking that can section, an entity shall—

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.018 H17DEPT1 H12092 CONGRESSIONAL RECORD — HOUSE December 17, 2005 ‘‘(1) prepare and submit to the Director an ap- ‘‘(B) to create public education campaigns carry out this title $2,000,000 for each of the fis- plication at such time, in such manner, and and community organizing to encourage men cal years 2007 through 2011. containing such information as the Director and boys to work as allies with women and girls SEC. 403. PUBLIC AWARENESS CAMPAIGN. may require; and to prevent violence against women and girls (a) IN GENERAL.—The Attorney General, act- ‘‘(2) describe in the application the policies conducted by entities that have experience in ing through the Office on Violence Against and procedures that the entity has or will adopt conducting public education campaigns that ad- Women], shall make grants to States for car- to— dress domestic violence, dating violence, sexual rying out a campaign to increase public aware- ‘‘(A) enhance or ensure the safety and secu- assault, or stalking. ness of issues regarding domestic violence rity of children and their nonabusing parent in ‘‘(2) MEDIA LIMITS.—No more than 40 percent against pregnant women. homes already experiencing domestic violence, of funds received by a grantee under this section (b) AUTHORIZATION OF APPROPRIATIONS.—For dating violence, sexual assault, or stalking; may be used to create and distribute media ma- the purpose of carrying out this section, there ‘‘(B) ensure linguistically, culturally, and terials. are authorized to be appropriated such sums as community relevant services for underserved ‘‘(d) ELIGIBLE ENTITIES.— may be necessary for each of the fiscal years communities; ‘‘(1) RELATIONSHIPS.—Eligible entities under 2006 through 2010. ‘‘(C) ensure the adequate training by domestic subsection (c)(1)(A) are— violence, dating violence, sexual assault or ‘‘(A) nonprofit, nongovernmental domestic vi- TITLE V—STRENGTHENING THE stalking victim service providers of home visita- olence, dating violence, sexual assault, or stalk- HEALTHCARE SYSTEM’S RESPONSE TO tion grantee program staff to— ing victim service providers or coalitions; DOMESTIC VIOLENCE, DATING VIO- ‘‘(i) safely screen for and/or recognize domes- ‘‘(B) community-based child or youth services LENCE, SEXUAL ASSAULT, AND STALK- tic violence, dating violence, sexual assault, and organizations with demonstrated experience and ING stalking; expertise in addressing the needs and concerns SEC. 501. FINDINGS. ‘‘(ii) understand the impact of domestic vio- of young people; Congress makes the following findings: lence or sexual assault on children and protec- ‘‘(C) a State, territorial, tribal, or unit of local (1) The health-related costs of intimate part- tive actions taken by a nonabusing parent or governmental entity that is partnered with an ner violence in the United States exceed caretaker in response to violence against anyone organization described in subparagraph (A) or $5,800,000,000 annually. in the household; and (B); or (2) Thirty-seven percent of all women who ‘‘(iii) link new parents with existing commu- ‘‘(D) a program that provides culturally spe- sought care in hospital emergency rooms for vio- nity resources in communities where resources cific services. lence-related injuries were injured by a current exist; and ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities or former spouse, boyfriend, or girlfriend. ‘‘(D) ensure that relevant State and local do- under subsection (c)(1)(B) are— (3) In addition to injuries sustained during mestic violence, dating violence, sexual assault, ‘‘(A) nonprofit, nongovernmental organiza- violent episodes, physical and psychological and stalking victim service providers and coali- tions or coalitions that have a documented his- abuse is linked to a number of adverse physical tions are aware of the efforts of organizations tory of creating and administering effective pub- and mental health effects. Women who have receiving grants under this section, and are in- lic education campaigns addressing the preven- been abused are much more likely to suffer from cluded as training partners, where possible. tion of domestic violence, dating violence, sexual chronic pain, diabetes, depression, unintended ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PRE- assault or stalking; or pregnancies, substance abuse and sexually VENTING DOMESTIC VIOLENCE, DAT- ‘‘(B) a State, territorial, tribal, or unit of local transmitted infections, including HIV/AIDS. ING VIOLENCE, SEXUAL ASSAULT, governmental entity that is partnered with an (4) Health plans spend an average of $1,775 AND STALKING. organization described in subparagraph (A). more a year on abused women than on general ‘‘(a) GRANTS AUTHORIZED.— ‘‘(e) GRANTEE REQUIREMENTS.—Under this enrollees. ‘‘(1) IN GENERAL—The Attorney General, act- section, an entity shall— (5) Each year about 324,000 pregnant women ing through the Director of the Office on Vio- ‘‘(1) prepare and submit to the Director an ap- in the United States are battered by the men in lence Against Women, and in collaboration with plication at such time, in such manner, and their lives. This battering leads to complications the Department of Health and Human Services, containing such information as the Director of pregnancy, including low weight gain, ane- shall award grants on a competitive basis to eli- may require; and mia, infections, and first and second trimester ‘‘(2) eligible entities pursuant to subsection gible entities for the purpose of developing or bleeding. enhancing programs related to engaging men (c)(1)(A) shall describe in the application the (6) Pregnant and recently pregnant women and youth in preventing domestic violence, dat- policies and procedures that the entity has or are more likely to be victims of homicide than to ing violence, sexual assault, and stalking by will adopt to— die of any other pregnancy-related cause, and ‘‘(A) enhance or ensure the safety and secu- helping them to develop mutually respectful, evidence exists that a significant proportion of rity of children and youth already experiencing nonviolent relationships. all female homicide victims are killed by their domestic violence, dating violence, sexual as- ‘‘(2) TERM.—The Director shall make grants intimate partners. sault, or stalking in their lives; under this section for a period of 2 fiscal years. (7) Children who witness domestic violence are ‘‘(B) ensure linguistically, culturally, and ‘‘(3) AWARD BASIS.—The Director shall award more likely to exhibit behavioral and physical community relevant services for underserved grants— health problems including depression, anxiety, ‘‘(A) considering the needs of underserved communities; ‘‘(C) inform participants about laws, services, and violence towards peers. They are also more populations; likely to attempt suicide, abuse drugs and alco- ‘‘(B) awarding not less than 10 percent of and resources in the community, and make re- ferrals as appropriate; and hol, run away from home, engage in teenage such amounts for the funding of Indian tribes prostitution, and commit sexual assault crimes. from the amounts made available under this sec- ‘‘(D) ensure that State and local domestic vio- lence, dating violence, sexual assault, and stalk- (8) Recent research suggests that women expe- tion for a fiscal year; and riencing domestic violence significantly increase ‘‘(C) awarding up to 8 percent for the funding ing victim service providers and coalitions are their safety-promoting behaviors over the short- of technical assistance for grantees and non- aware of the efforts of organizations receiving and long-term when health care providers grantees working in this area from the amounts grants under this section.’’. screen for, identify, and provide followup care made available under this section for a fiscal SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PRE- and information to address the violence. year. (9) Currently, only about 10 percent of pri- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— VENTION. mary care physicians routinely screen for inti- There is authorized to be appropriated to carry (a) PURPOSES.—The Secretary of Health and mate partner abuse during new patient visits out this section $10,000,000 for each of fiscal Human Services acting through the National and 9 percent routinely screen for intimate part- years 2007 through 2011. Center for Injury Prevention and Control at the ner abuse during periodic checkups. ‘‘(c) USE OF FUNDS.— Centers for Disease Control Prevention shall (10) Recent clinical studies have proven the ‘‘(1) PROGRAMS.—The funds appropriated make grants to entities, including domestic and effectiveness of a 2-minute screening for early under this section shall be used by eligible enti- sexual assault coalitions and programs, research detection of abuse of pregnant women. Addi- ties— organizations, tribal organizations, and aca- ‘‘(A) to develop or enhance community-based demic institutions to support research to exam- tional longitudinal studies have tested a 10- programs, including gender-specific programs in ine prevention and intervention programs to minute intervention that was proven highly ef- accordance with applicable laws that— further the understanding of sexual and domes- fective in increasing the safety of pregnant ‘‘(i) encourage children and youth to pursue tic violence by and against adults, youth, and abused women. Comparable research does not nonviolent relationships and reduce their risk of children. yet exist to support the effectiveness of screen- becoming victims or perpetrators of domestic vio- (b) USE OF FUNDS.—The research conducted ing men. lence, dating violence, sexual assault, or stalk- under this section shall include evaluation and (11) Seventy to 81 percent of the patients stud- ing; and study of best practices for reducing and pre- ied reported that they would like their ‘‘(ii) that include at a minimum— venting violence against women and children healthcare providers to ask them privately about ‘‘(I) information on domestic violence, dating addressed by the strategies included in Depart- intimate partner violence. violence, sexual assault, stalking, or child sex- ment of Health and Human Services-related pro- SEC. 502. PURPOSE. ual abuse and how they affect children and visions this title, including strategies addressing It is the purpose of this title to improve the youth; and underserved communities. health care system’s response to domestic vio- ‘‘(II) strategies to help participants be as safe (c) AUTHORIZATION OF APPROPRIATIONS.— lence, dating violence, sexual assault, and stalk- as possible; or There shall be authorized to be appropriated to ing through the training and education of

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.018 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12093 health care providers, developing comprehensive necessary to promote and enable their participa- or health system, or any other nonprofit, tribal, public health responses to violence against tion in clerkships, preceptorships, or other off- or local entity with a history of effective work women and children, increasing the number of site training experiences that are designed to de- in the field of domestic or sexual violence and women properly screened, identified, and treat- velop health care clinical skills related to domes- health; ed for lifetime exposure to violence, and expand- tic violence, sexual assault, dating violence, and ‘‘(B) prepare and submit to the Secretary an ing research on effective interventions in the stalking. application at such time, in such manner, and health care setting. ‘‘(3) REQUIREMENTS.— containing such agreements, assurances, and SEC. 503. TRAINING AND EDUCATION OF HEALTH ‘‘(A) CONFIDENTIALITY AND SAFETY.—Grantees information as the Secretary determines to be PROFESSIONALS IN DOMESTIC AND under this section shall ensure that all edu- necessary to carry out the purposes for which SEXUAL VIOLENCE. cational programs developed with grant funds the grant is to be made; and Part D of title VII of the Public Health Serv- address issues of confidentiality and patient ‘‘(C) demonstrate that the entity is rep- ice Act (42 U.S.C. 294 et seq.) is amended by safety, and that faculty and staff associated resenting a team of organizations and agencies adding at the end the following: with delivering educational components are working collaboratively to strengthen the re- ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND fully trained in procedures that will protect the sponse of the health care system involved to do- EDUCATION ON DOMESTIC VIO- immediate and ongoing security of the patients, mestic violence, dating violence, sexual assault, LENCE AND OTHER TYPES OF VIO- patient records, and staff. Advocacy-based coa- or stalking and that such team includes domes- LENCE AND ABUSE. litions or other expertise available in the com- tic violence, dating violence, sexual assault or ‘‘(a) GRANTS.—The Secretary, acting through munity shall be consulted on the development stalking and health care organizations. the Director of the Health Resources and Serv- and adequacy of confidentially and security ‘‘(3) DURATION.—A program conducted under ices Administration, shall award grants under procedures, and shall be fairly compensated by a grant awarded under this section shall not ex- this section to develop interdisciplinary training grantees for their services. ceed 2 years. and education programs that provide under- ‘‘(b) USE OF FUNDS.— ‘‘(B) RURAL PROGRAMS.—Rural training pro- graduate, graduate, post-graduate medical, ‘‘(1) IN GENERAL.—An entity shall use grams carried out under paragraph (2)(A) shall amounts received under a grant under this sec- nursing (including advanced practice nursing reflect adjustments in protocols and procedures students), and other health professions students tion to design and implement comprehensive or referrals that may be needed to protect the strategies to improve the response of the health with an understanding of, and clinical skills confidentiality and safety of patients who live pertinent to, domestic violence, sexual assault, care system involved to domestic or sexual vio- in small or isolated communities and who are lence in clinical and public health settings, hos- stalking, and dating violence. currently or have previously experienced vio- ‘‘(b) ELIGIBILITY.—To be eligible to receive a pitals, clinics, managed care settings (including lence or abuse. grant under this section an entity shall— behavioral and mental health), and other health ‘‘(1) be an accredited school of allopathic or ‘‘(4) CHILD AND ELDER ABUSE.—Issues related settings. osteopathic medicine; to child and elder abuse may be addressed as ‘‘(2) MANDATORY STRATEGIES.—Strategies im- ‘‘(2) prepare and submit to the Secretary an part of a comprehensive programmatic approach plemented under paragraph (1) shall include the application at such time, in such manner, and implemented under a grant under this section. following: containing such information as the Secretary ‘‘(d) REQUIREMENTS OF GRANTEES.— ‘‘(A) The implementation, dissemination, and may require, including— ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- evaluation of policies and procedures to guide ‘‘(A) information to demonstrate that the ap- PENSES.—A grantee shall not use more than 10 health care professionals and behavioral and plicant includes the meaningful participation of percent of the amounts received under a grant public health staff in responding to domestic vi- a school of nursing and at least one other school under this section for administrative expenses. olence, dating violence, sexual assault, and of health professions or graduate program in ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee stalking, including strategies to ensure that public health, dentistry, social work, midwifery, under this section, and any entity receiving as- health information is maintained in a manner or behavioral and mental health; sistance under the grant for training and edu- that protects the patient’s privacy and safety ‘‘(B) strategies for the dissemination and cation, shall contribute non-Federal funds, ei- and prohibits insurance discrimination. sharing of curricula and other educational ma- ther directly or through in-kind contributions, ‘‘(B) The development of on-site access to terials developed under the grant to other inter- to the costs of the activities to be funded under services to address the safety, medical, mental ested medical and nursing schools and national the grant in an amount that is not less than 25 health, and economic needs of patients either by resource repositories for materials on domestic percent of the total cost of such activities. increasing the capacity of existing health care violence and sexual assault; and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— professionals and behavioral and public health ‘‘(C) a plan for consulting with community- There is authorized to be appropriated to carry staff to address domestic violence, dating vio- based coalitions or individuals who have experi- out this section, $3,000,000 for each of fiscal lence, sexual assault, and stalking, by con- ence and expertise in issues related to domestic years 2007 through 2011. Amounts appropriated tracting with or hiring domestic or sexual as- violence, sexual assault, dating violence, and under this subsection shall remain available sault advocates to provide the services, or to stalking for services provided under the program until expended.’’. model other services appropriate to the geo- carried out under the grant. SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH graphic and cultural needs of a site. ‘‘(c) USE OF FUNDS.— RESPONSES TO DOMESTIC VIO- ‘‘(C) The evaluation of practice and the insti- ‘‘(1) REQUIRED USES.—Amounts provided LENCE, DATING VIOLENCE, SEXUAL tutionalization of identification, intervention, under a grant under this section shall be used ASSAULT, AND STALKING GRANTS. and documentation including quality improve- to— Part P of title III of the Public Health Service ment measurements. ‘‘(A) fund interdisciplinary training and edu- Act (42 U.S.C. 280g et seq.) is amended by add- ‘‘(D) The provision of training and followup cation projects that are designed to train med- ing at the end the following: technical assistance to health care profes- ical, nursing, and other health professions stu- ‘‘SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH sionals, behavioral and public health staff, and dents and residents to identify and provide RESPONSES TO DOMESTIC VIO- allied health professionals to identify, assess, health care services (including mental or behav- LENCE, DATING VIOLENCE, SEXUAL treat, and refer clients who are victims of do- ioral health care services and referrals to appro- ASSAULT, AND STALKING. mestic violence, dating violence, sexual violence, priate community services) to individuals who ‘‘(a) AUTHORITY TO AWARD GRANTS.— or stalking. are or who have experienced domestic violence, ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im- sexual assault, and stalking or dating violence; through the Director of the Centers for Disease plemented under paragraph (1) may include the and Control and Prevention, shall award grants to following: ‘‘(B) plan and develop culturally competent eligible State, tribal, territorial, or local entities ‘‘(A) Where appropriate, the development of clinical components for integration into ap- to strengthen the response of State, tribal, terri- training modules and policies that address the proved residency training programs that address torial, or local health care systems to domestic overlap of child abuse, domestic violence, dating health issues related to domestic violence, sexual violence, dating violence, sexual assault, and violence, sexual assault, and stalking and elder assault, dating violence, and stalking, along stalking. abuse as well as childhood exposure to domestic with other forms of violence as appropriate, and ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re- violence. include the primacy of victim safety and con- ceive a grant under this section, an entity ‘‘(B) The creation, adaptation, and implemen- fidentiality. shall— tation of public education campaigns for pa- ‘‘(2) PERMISSIVE USES.—Amounts provided ‘‘(A) be— tients concerning domestic violence, dating vio- under a grant under this section may be used ‘‘(i) a State department (or other division) of lence, sexual assault, and stalking prevention. to— health, a State domestic or sexual assault coali- ‘‘(C) The development, adaptation, and dis- ‘‘(A) offer community-based training opportu- tion or service-based program, State law en- semination of domestic violence, dating violence, nities in rural areas for medical, nursing, and forcement task force, or any other nonprofit, sexual assault, and stalking education materials other students and residents on domestic vio- nongovernmental, tribal, territorial, or State en- to patients and health care professionals and lence, sexual assault, stalking, and dating vio- tity with a history of effective work in the fields behavioral and public health staff. lence, and other forms of violence and abuse, of domestic violence, dating violence, sexual as- ‘‘(D) The promotion of the inclusion of domes- which may include the use of distance learning sault or stalking, and health care; or tic violence, dating violence, sexual assault, and networks and other available technologies need- ‘‘(ii) a local, nonprofit domestic violence, dat- stalking into health professional training ed to reach isolated rural areas; or ing violence, sexual assault, or stalking service- schools, including medical, dental, nursing ‘‘(B) provide stipends to students who are based program, a local department (or other di- school, social work, and mental health cur- underrepresented in the health professions as vision) of health, a local health clinic, hospital, riculum.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.018 H17DEPT1 H12094 CONGRESSIONAL RECORD — HOUSE December 17, 2005 ‘‘(E) The integration of domestic violence, dat- ‘‘Subtitle N—Addressing the Housing Needs of stalking who reside in homeless shelters, public ing violence, sexual assault, and stalking into Victims of Domestic Violence, Dating Vio- housing, assisted housing, tribally designated health care accreditation and professional li- lence, Sexual Assault, and Stalking housing, or other emergency, transitional, per- censing examinations, such as medical, dental, ‘‘SEC. 41401. FINDINGS. manent, or affordable housing, and ensuring social work, and nursing boards. ‘‘Congress finds that: that such victims have meaningful access to the ‘‘(c) ALLOCATION OF FUNDS.—Funds appro- ‘‘(1) There is a strong link between domestic criminal justice system without jeopardizing priated under this section shall be distributed violence and homelessness. Among cities sur- such housing; equally between State and local programs. veyed, 44 percent identified domestic violence as ‘‘(2) creating long-term housing solutions that ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— a primary cause of homelessness. develop communities and provide sustainable There is authorized to be appropriated to award ‘‘(2) Ninety-two percent of homeless women living solutions for victims of domestic violence, grants under this section, $5,000,000 for each of have experienced severe physical or sexual dating violence, sexual assault, and stalking; fiscal years 2007 through 2011.’’. abuse at some point in their lives. Of all home- ‘‘(3) building collaborations among victim SEC. 505. RESEARCH ON EFFECTIVE INTERVEN- less women and children, 60 percent had been service providers, homeless service providers, TIONS IN THE HEALTHCARE SET- abused by age 12, and 63 percent have been vic- housing providers, and housing agencies to pro- TING. vide appropriate services, interventions, and Subtitle B of the Violence Against Women Act tims of intimate partner violence as adults. ‘‘(3) Women and families across the country training to address the housing needs of victims of 1994 (Public Law 103–322; 108 Stat. 1902 et are being discriminated against, denied access of domestic violence, dating violence, sexual as- seq.), as amended by the Violence Against to, and even evicted from public and subsidized sault, and stalking; and Women Act of 2000 (114 Stat. 1491 et seq.), and housing because of their status as victims of do- ‘‘(4) enabling public and assisted housing as amended by this Act, is further amended by mestic violence. agencies, tribally designated housing entities, adding at the end the following: ‘‘(4) A recent survey of legal service providers private landlords, property management compa- ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE around the country found that these providers nies, and other housing providers and agencies INTERVENTIONS TO ADDRESS VIO- have responded to almost 150 documented evic- to respond appropriately to domestic violence, LENCE AGAINST WOMEN tion cases in the last year alone where the ten- dating violence, sexual assault, and stalking, ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTER- ant was evicted because of the domestic violence while maintaining a safe environment for all VENTIONS IN THE HEALTH CARE crimes committed against her. In addition, near- housing residents. SETTING. ly 100 clients were denied housing because of ‘‘SEC. 41403. DEFINITIONS. ‘‘(a) PURPOSE.—The Secretary, acting through their status as victims of domestic violence. ‘‘For purposes of this subtitle— the Director of the Centers for Disease Control ‘‘(5) Women who leave their abusers fre- ‘‘(1) the term ‘assisted housing’ means hous- and Prevention and the Director of the Agency quently lack adequate emergency shelter op- ing assisted— for Healthcare Research and Quality, shall tions. The lack of adequate emergency options ‘‘(A) under sections 213, 220, 221(d)(3), award grants and contracts to fund research on for victims presents a serious threat to their 221(d)(4), 223(e), 231, or 236 of the National effective interventions in the health care setting safety and the safety of their children. Requests Housing Act (12 U.S.C. 1715l(d)(3), (d)(4), or that prevent domestic violence, dating violence, for emergency shelter by homeless women with 1715z–1); and sexual assault across the lifespan and that children increased by 78 percent of United ‘‘(B) under section 101 of the Housing and prevent the health effects of such violence and States cities surveyed in 2004. In the same year, Urban Development Act of 1965 (12 U.S.C. improve the safety and health of individuals 32 percent of the requests for shelter by homeless 1701s); who are currently being victimized. families went unmet due to the lack of available ‘‘(C) under section 202 of the Housing Act of ‘‘(b) USE OF FUNDS.—Research conducted emergency shelter beds. 1959 (12 U.S.C. 1701q); with amounts received under a grant or contract ‘‘(6) The average stay at an emergency shelter ‘‘(D) under section 811 of the Cranston- under this section shall include the following: is 60 days, while the average length of time it Gonzales National Affordable Housing Act (42 ‘‘(1) With respect to the authority of the Cen- takes a homeless family to secure housing is 6 to U.S.C. 8013); ters for Disease Control and Prevention— 10 months. ‘‘(E) under title II of the Cranston-Gonzales ‘‘(A) research on the effects of domestic vio- ‘‘(7) Victims of domestic violence often return National Affordable Housing Act (42 U.S.C. lence, dating violence, sexual assault, and child- to abusive partners because they cannot find 12701 et seq.); hood exposure to domestic, dating, or sexual vio- long-term housing. ‘‘(F) under subtitle D of title VIII of the Cran- lence, on health behaviors, health conditions, ‘‘(8) There are not enough Federal housing ston-Gonzalez National Affordable Housing Act and the health status of individuals, families, rent vouchers available to accommodate the (42 U.S.C. 12901 et seq.); and populations; number of people in need of long-term housing. ‘‘(G) under title I of the Housing and Commu- ‘‘(B) research and testing of best messages and nity Development Act of 1974 (42 U.S.C. 5301 et strategies to mobilize public and health care Some people remain on the waiting list for Fed- eral housing rent vouchers for years, while some seq.); or provider action concerning the prevention of do- ‘‘(H) under section 8 of the United States mestic, dating, or sexual violence; and lists are closed. ‘‘(9) Transitional housing resources and serv- Housing Act of 1937 (42 U.S.C. 1437f); ‘‘(C) measure the comparative effectiveness ‘‘(2) the term ‘continuum of care’ means a and outcomes of efforts under this Act to reduce ices provide an essential continuum between emergency shelter provision and independent community plan developed to organize and de- violence and increase women’s safety. liver housing and services to meet the specific ‘‘(2) With respect to the authority of the living. A majority of women in transitional housing programs stated that had these pro- needs of people who are homeless as they move Agency for Healthcare Research and Quality— to stable housing and achieve maximum self-suf- ‘‘(A) research on the impact on the health grams not existed, they would have likely gone back to abusive partners. ficiency; care system, health care utilization, health care ‘‘(3) the term ‘low-income housing assistance costs, and health status of domestic violence, ‘‘(10) Because abusers frequently manipulate finances in an effort to control their partners, voucher’ means housing assistance described in dating violence, and childhood exposure to do- section 8 of the United States Housing Act of mestic and dating violence, sexual violence and victims often lack steady income, credit history, landlord references, and a current address, all 1937 (42 U.S.C. 1437f); stalking and childhood exposure; and ‘‘(4) the term ‘public housing’ means housing of which are necessary to obtain long-term per- ‘‘(B) research on effective interventions with- described in section 3(b)(1) of the United States manent housing. in primary care and emergency health care set- Housing Act of 1937 (42 U.S.C. 1437a(b)(1)); ‘‘(11) Victims of domestic violence in rural tings and with health care settings that include ‘‘(5) the term ‘public housing agency’ means areas face additional barriers, challenges, and clinical partnerships within community domestic an agency described in section 3(b)(6) of the unique circumstances, such as geographical iso- violence providers for adults and children ex- United States Housing Act of 1937 (42 U.S.C. lation, poverty, lack of public transportation posed to domestic or dating violence. 1437a(b)(6)); systems, shortages of health care providers, ‘‘(c) USE OF DATA.—Research funded under ‘‘(6) the terms ‘homeless’, ‘homeless indi- under-insurance or lack of health insurance, this section shall be utilized by eligible entities vidual’, and ‘homeless person’— difficulty ensuring confidentiality in small com- under section 399O of the Public Health Service ‘‘(A) mean an individual who lacks a fixed, munities, and decreased access to many re- Act. regular, and adequate nighttime residence; and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— sources (such as advanced education, job oppor- ‘‘(B) includes— There is authorized to be appropriated to carry tunities, and adequate childcare). ‘‘(i) an individual who— out this section, $5,000,000 for each of fiscal ‘‘(12) Congress and the Secretary of Housing ‘‘(I) is sharing the housing of other persons years 2007 through 2011.’’. and Urban Development have recognized in re- due to loss of housing, economic hardship, or a TITLE VI—HOUSING OPPORTUNITIES AND cent years that families experiencing domestic similar reason; SAFETY FOR BATTERED WOMEN AND violence have unique needs that should be ad- ‘‘(II) is living in a motel, hotel, trailer park, or CHILDREN dressed by those administering the Federal campground due to the lack of alternative ade- housing programs. SEC. 601. ADDRESSING THE HOUSING NEEDS OF quate accommodations; VICTIMS OF DOMESTIC VIOLENCE, ‘‘SEC. 41402. PURPOSE. ‘‘(III) is living in an emergency or transitional DATING VIOLENCE, SEXUAL AS- ‘‘The purpose of this subtitle is to reduce do- shelter; SAULT, AND STALKING. mestic violence, dating violence, sexual assault, ‘‘(IV) is abandoned in a hospital; or The Violence Against Women Act of 1994 (42 and stalking, and to prevent homelessness by— ‘‘(V) is awaiting foster care placement; U.S.C. 13701 et seq.) is amended by adding at ‘‘(1) protecting the safety of victims of domes- ‘‘(ii) an individual who has a primary night- the end the following: tic violence, dating violence, sexual assault, and time residence that is a public or private place

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.019 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12095 not designed for or ordinarily used as a regular plication to the Secretary of Health and Human used to provide technical assistance to grantees sleeping accommodation for human beings; or Services at such time, in such manner, and con- under this section. ‘‘(iii) migratory children (as defined in section taining such information as the Secretary of ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 1309 of the Elementary and Secondary Edu- Health and Human Services may require. There are authorized to be appropriated cation Act of 1965; 20 U.S.C. 6399) who qualify ‘‘(d) USE OF FUNDS.— $10,000,000 for each of fiscal years 2007 through as homeless under this section because the chil- ‘‘(1) IN GENERAL.—Funds awarded to eligible 2011 to carry out the provisions of this section. dren are living in circumstances described in entities under subsection (a) shall be used to de- ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE this paragraph; sign or replicate and implement new activities, AGAINST WOMEN IN PUBLIC AND AS- ‘‘(7) the term ‘homeless service provider’ services, and programs to increase the stability SISTED HOUSING. means a nonprofit, nongovernmental homeless and self-sufficiency of, and create partnerships ‘‘(a) PURPOSE.—It is the purpose of this sec- service provider, such as a homeless shelter, a to develop long-term housing options for adult tion to assist eligible grantees in responding ap- homeless service or advocacy program, a tribal and youth victims of domestic violence, dating propriately to domestic violence, dating vio- organization serving homeless individuals, or violence, sexual assault, or stalking, and their lence, sexual assault, and stalking so that the coalition or other nonprofit, nongovernmental dependents, who are currently homeless or at status of being a victim of such a crime is not a organization carrying out a community-based risk of becoming homeless. reason for the denial or loss of housing. Such homeless or housing program that has a docu- ‘‘(2) ACTIVITIES, SERVICES, PROGRAMS.—Such assistance shall be accomplished through— mented history of effective work concerning activities, services, or programs described in ‘‘(1) education and training of eligible enti- homelessness; paragraph (1) shall develop sustainable long- ties; ‘‘(8) the term ‘tribally designated housing’ term living solutions in the community by— ‘‘(2) development and implementation of ap- means housing assistance described in the Na- ‘‘(A) coordinating efforts and resources among propriate housing policies and practices; tive American Housing Assistance and Self-De- the various groups and organizations comprised ‘‘(3) enhancement of collaboration with victim termination Act of 1996 (25 U.S.C. 4101 et seq.); in the entity to access existing private and pub- service providers and tenant organizations; and and lic funding; ‘‘(4) reduction of the number of victims of ‘‘(9) the term ‘tribally designated housing en- ‘‘(B) assisting with the placement of individ- such crimes who are evicted or denied housing tity’ means a housing entity described in the uals and families in long-term housing; and because of crimes and lease violations committed Native American Housing Assistance and Self- ‘‘(C) providing services to help individuals or or directly caused by the perpetrators of such Determination Act of 1996 (25 U.S.C. 4103(21)); families find and maintain long-term housing, crimes. RANTS UTHORIZED ‘‘SEC. 41404. COLLABORATIVE GRANTS TO IN- including financial assistance and support serv- ‘‘(b) G A .— ‘‘(1) IN GENERAL.—The Attorney General, act- CREASE THE LONG-TERM STABILITY ices; OF VICTIMS. ‘‘(3) may develop partnerships with individ- ing through the Director of the Violence Against ‘‘(a) GRANTS AUTHORIZED.— uals, organizations, corporations, or other enti- Women Office of the Department of Justice (‘Di- ‘‘(1) IN GENERAL.—The Secretary of Health ties that provide capital costs for the purchase, rector’), and in consultation with the Secretary and Human Services, acting through the Admin- preconstruction, construction, renovation, re- of Housing and Urban Development (‘Sec- istration of Children and Families, in partner- pair, or conversion of affordable housing units; retary’), and the Secretary of Health and ship with the Secretary of Housing and Urban ‘‘(4) may use funds for the administrative ex- Human Services, acting through the Administra- Development, shall award grants, contracts, or penses related to the continuing operation, up- tion for Children, Youth and Families (‘ACYF’), cooperative agreements for a period of not less keep, maintenance, and use of housing de- shall award grants and contracts for not less than 2 years to eligible entities to develop long- scribed in paragraph (3); and than 2 years to eligible grantees to promote the term sustainability and self-sufficiency options ‘‘(5) may provide to the community informa- full and equal access to and use of housing by for adult and youth victims of domestic violence, tion about housing and housing programs, and adult and youth victims of domestic violence, dating violence, sexual assault, and stalking the process to locate and obtain long-term hous- dating violence, sexual assault, and stalking. who are currently homeless or at risk for becom- ing. ‘‘(2) AMOUNTS.—Not less than 15 percent of ing homeless. ‘‘(e) LIMITATION.—Funds provided under the funds appropriated to carry out this section ‘‘(2) AMOUNT.—The Secretary of Health and paragraph (a) shall not be used for construc- shall be available for grants to tribally des- Human Services shall award funds in amounts— tion, modernization or renovation. ignated housing entities. ‘‘(3) AWARD BASIS.—The Attorney General ‘‘(A) not less than $25,000 per year; and ‘‘(f) UNDERSERVED POPULATIONS AND PRIOR- shall award grants and contracts under this sec- ‘‘(B) not more than $1,000,000 per year. ITIES.—In awarding grants under this section, ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to re- the Secretary of Health and Human Services tion on a competitive basis. ‘‘(4) LIMITATION.—Appropriated funds may ceive funds under this section, an entity shall shall— demonstrate that it is a coalition or partnership, ‘‘(1) give priority to linguistically and cul- only be used for the purposes described in sub- applying jointly, that— turally specific services; section (f). ‘‘(c) ELIGIBLE GRANTEES.— ‘‘(1) shall include a domestic violence victim ‘‘(2) give priority to applications from entities ‘‘(1) IN GENERAL.—Eligible grantees are— service provider; that include a sexual assault service provider as ‘‘(2) shall include— ‘‘(A) public housing agencies; ‘‘(A) a homeless service provider; described in subsection (b)(3); and ‘‘(B) principally managed public housing resi- ‘‘(B) a nonprofit, nongovernmental commu- ‘‘(3) award a minimum of 15 percent of the dent management corporations, as determined nity housing development organization or a De- funds appropriated under this section in any by the Secretary; partment of Agriculture rural housing service fiscal year to tribal organizations. ‘‘(C) public housing projects owned by public program; or ‘‘(g) DEFINITIONS.—For purposes of this sec- housing agencies; ‘‘(C) in the absence of a homeless service pro- tion: ‘‘(D) tribally designated housing entities; and vider on tribal lands or nonprofit, nongovern- ‘‘(1) AFFORDABLE HOUSING.—The term ‘afford- ‘‘(E) private, for-profit, and nonprofit owners mental community housing development organi- able housing’ means housing that complies with or managers of assisted housing. zation on tribal lands, a tribally designated the conditions set forth in section 215 of the ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT- housing entity or tribal housing consortium; Cranston-Gonzalez National Affordable Housing EES.—To receive assistance under this section, ‘‘(3) may include a dating violence, sexual as- Act (42 U.S.C. 12745). an eligible grantee shall certify that— sault, or stalking victim service provider; ‘‘(2) LONG-TERM HOUSING.—The term ‘long- ‘‘(A) its policies and practices do not prohibit ‘‘(4) may include housing developers, housing term housing’ means housing that is sustain- or limit a resident’s right to summon police or corporations, State housing finance agencies, able, accessible, affordable, and safe for the other emergency assistance in response to do- other housing agencies, and associations rep- foreseeable future and is— mestic violence, dating violence, sexual assault, resenting landlords; ‘‘(A) rented or owned by the individual; or stalking; ‘‘(5) may include a public housing agency or ‘‘(B) subsidized by a voucher or other program ‘‘(B) programs and services are developed that tribally designated housing entity; which is not time-limited and is available for as give a preference in admission to adult and ‘‘(6) may include tenant organizations in pub- long as the individual meets the eligibility re- youth victims of such violence, consistent with lic or tribally designated housing, as well as quirements for the voucher or program; or local housing needs, and applicable law and the nonprofit, nongovernmental tenant organiza- ‘‘(C) provided directly by a program, agency, Secretary’s instructions; tions; or organization and is not time-limited and is ‘‘(C) it does not discriminate against any per- ‘‘(7) may include other nonprofit, nongovern- available for as long as the individual meets the son— mental organizations participating in the De- eligibility requirements for the program, agency, ‘‘(i) because that person is or is perceived to partment of Housing and Urban Development’s or organization. be, or has a family or household member who is Continuum of Care process; ‘‘(h) EVALUATION, MONITORING, ADMINISTRA- or is perceived to be, a victim of such violence; ‘‘(8) may include a State, tribal, territorial, or TION, AND TECHNICAL ASSISTANCE.—For pur- or local government or government agency; and poses of this section— ‘‘(ii) because of the actions or threatened ac- ‘‘(9) may include any other agencies or non- ‘‘(1) up to 5 percent of the funds appropriated tions of the individual who the victim, as cer- profit, nongovernmental organizations with the under subsection (i) for each fiscal year may be tified in subsection (e), states has committed or capacity to provide effective help to adult and used by the Secretary of Health and Human threatened to commit acts of such violence youth victims of domestic violence, dating vio- Services for evaluation, monitoring, and admin- against the victim, or against the victim’s family lence, sexual assault, or stalking. istration costs under this section; and or household member; ‘‘(c) APPLICATION.—Each eligible entity seek- ‘‘(2) up to 8 percent of the funds appropriated ‘‘(D) plans are developed that establish mean- ing funds under this section shall submit an ap- under subsection (i) for each fiscal year may be ingful consultation and coordination with local

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.019 H17DEPT1 H12096 CONGRESSIONAL RECORD — HOUSE December 17, 2005 victim service providers, tenant organizations, ‘‘(1) enabling victims of domestic violence, (2) in subsection (b)— linguistically and culturally specific service pro- dating violence, sexual assault, and stalking (A) by redesignating paragraphs (1) and (2) as viders, State domestic violence and sexual as- with otherwise disqualifying rental, credit, or paragraphs (2) and (3), respectively; sault coalitions, and, where they exist, tribal criminal histories to be eligible to obtain housing (B) in paragraph (3), as redesignated, by in- domestic violence and sexual assault coalitions; or housing assistance, if such victims would oth- serting ‘‘, dating violence, sexual assault, or and erwise qualify for housing or housing assistance stalking’’ after ‘‘violence’’; ‘‘(E) its policies and practices will be in com- and can provide documented evidence that dem- (C) by inserting before paragraph (2), as re- pliance with those described in this paragraph onstrates the causal connection between such designated, the following: within the later of 1 year or a period selected by violence or abuse and the victims’ negative his- ‘‘(1) transitional housing, including funding the Attorney General in consultation with the tories; for the operating expenses of newly developed or Secretary and ACYF. ‘‘(2) permitting applicants for housing or existing transitional housing.’’; and ‘‘(d) APPLICATION.—Each eligible entity seek- housing assistance to provide incomplete rental (D) in paragraph (3)(B) as redesignated, by ing a grant under this section shall submit an and employment histories, otherwise required as inserting ‘‘Participation in the support services application to the Attorney General at such a a condition of admission or assistance, if the shall be voluntary. Receipt of the benefits of the time, in such a manner, and containing such in- victim believes that providing such rental and housing assistance described in paragraph (2) formation as the Attorney General may require. employment history would endanger the victim’s shall not be conditioned upon the participation ‘‘(e) CERTIFICATION.— or the victim children’s safety; of the youth, adults, or their dependents in any ‘‘(1) IN GENERAL.—A public housing agency, ‘‘(3) protecting victims’ confidentiality, in- or all of the support services offered them.’’ tribally designated housing entity, or assisted cluding protection of victims’ personally identi- after ‘‘assistance.’’; housing provider receiving funds under this sec- fying information, address, or rental history; (3) in paragraph (1) of subsection (c), by strik- tion may request that an individual claiming re- ‘‘(4) assisting victims who need to leave a pub- ing ‘‘18 months’’ and inserting ‘‘24 months’’; lief under this section certify that the individual lic housing, tribally designated housing, or as- (4) in subsection (d)(2)— (A) by striking ‘‘and’’ at the end of subpara- is a victim of domestic violence, dating violence, sisted housing unit quickly to protect their safe- graph (A); sexual assault, or stalking. The individual shall ty, including those who are seeking transfer to (B) by redesignating subparagraph (B) as sub- provide a copy of such certification to the public a new public housing unit, tribally designated paragraph (C); and housing agency, tribally designated housing en- housing unit, or assisted housing unit, whether (C) by inserting after subparagraph (A) the tity, or assisted housing provider within a rea- in the same or a different neighborhood or juris- following: sonable period of time after the agency or au- diction; ‘‘(B) provide assurances that any supportive ‘‘(5) enabling the public housing agency, trib- thority requests such certification. services offered to participants in programs de- ally designated housing entity, or assisted hous- ‘‘(2) CONTENTS.—An individual may satisfy veloped under subsection (b)(3) are voluntary ing provider, or the victim, to remove, consistent the certification requirement of paragraph (1) and that refusal to receive such services shall with applicable State law, the perpetrator of do- by— not be grounds for termination from the program mestic violence, dating violence, sexual assault, ‘‘(A) providing the public housing agency, or eviction from the victim’s housing; and’’; tribally designated housing entity, or assisted or stalking without evicting, removing, or other- (5) in subsection (e)(2)— housing provider with documentation, signed by wise penalizing the victim; (A) in subparagraph (A), by inserting ‘‘pur- an employee, agent, or volunteer of a victim ‘‘(6) enabling the public housing agency, trib- pose and’’ before ‘‘amount’’; service provider, an attorney, a member of the ally designated housing entity, or assisted hous- (B) in clause (ii) of subparagraph (C), by clergy, a medical professional, or any other pro- ing provider, when notified, to honor court or- striking ‘‘and’’; fessional from whom the victim has sought as- ders addressing rights of access to or control of (C) in subparagraph (D), by striking the pe- sistance in addressing domestic violence, dating the property, including civil protection orders riod and inserting ‘‘; and’’; and violence, sexual assault, or stalking, or the ef- issued to protect the victim and issued to ad- (D) by adding at the end the following new fects of abuse; or dress the distribution or possession of property subparagraph: ‘‘(B) producing a Federal, State, tribal, terri- among the household members in cases where a ‘‘(E) the client population served and the torial, or local police or court record. family breaks up; number of individuals requesting services that ‘‘(3) LIMITATION.—Nothing in this subsection ‘‘(7) developing and implementing more effec- the transitional housing program is unable to shall be construed to require any housing agen- tive security policies, protocols, and services; serve as a result of a lack of resources.’’; and cy, assisted housing provider, tribally des- ‘‘(8) allotting not more than 15 percent of (6) in subsection (g)— ignated housing entity, owner, or manager to funds awarded under the grant to make modest (A) in paragraph (1), by striking ‘‘$30,000,000’’ demand that an individual produce official doc- physical improvements to enhance safety; and inserting ‘‘$40,000,000’’; umentation or physical proof of the individual’s ‘‘(9) training personnel to more effectively (B) in paragraph (1), by striking ‘‘2004’’ and status as a victim of domestic violence, dating identify and respond to victims of domestic vio- inserting ‘‘2007’’; violence, sexual assault, or stalking, in order to lence, dating violence, sexual assault, and stalk- (C) in paragraph (1), by striking ‘‘2008’’ and receive any of the benefits provided in this sec- ing; and inserting ‘‘2011’’; ‘‘(10) effectively providing notice to applicants (D) in paragraph (2), by striking ‘‘not more tion. A housing agency, assisted housing pro- and residents of the above housing policies, than 3 percent’’ and inserting ‘‘up to 5 per- vider, tribally designated housing entity, owner, practices, and procedures. cent’’; or manager may provide benefits to an indi- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (E) in paragraph (2), by inserting ‘‘evalua- vidual based solely on the individual’s state- There are authorized to be appropriated tion, monitoring, technical assistance,’’ before ment or other corroborating evidence. $10,000,000 for each of fiscal years 2007 through ‘‘salaries’’; and ‘‘(4) CONFIDENTIALITY.— 2011 to carry out the provisions of this section. (F) in paragraph (3), by adding at the end the ‘‘(A) IN GENERAL.—All information provided to ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 per- following new subparagraphs: any housing agency, assisted housing provider, cent of the amount appropriated under sub- ‘‘(C) UNDERSERVED POPULATIONS.— tribally designated housing entity, owner, or section (g) for each fiscal year shall be used by ‘‘(i) A minimum of 7 percent of the total manager pursuant to paragraph (1), including the Attorney General for technical assistance amount appropriated in any fiscal year shall be the fact that an individual is a victim of domes- costs under this section.’’. allocated to tribal organizations serving adult tic violence, dating violence, sexual assault, or and youth victims of domestic violence, dating stalking, shall be retained in confidence by such SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC violence, sexual assault, or stalking, and their agency, and shall neither be entered into any VIOLENCE, DATING VIOLENCE, SEX- dependents. shared database, nor provided to any related UAL ASSAULT, OR STALKING. ‘‘(ii) Priority shall be given to projects devel- housing agency, assisted housing provider, trib- (a) IN GENERAL.—Section 40299 of the Violence oped under subsection (b) that primarily serve ally designated housing entity, owner, or man- Against Women Act of 1994 (42 U.S.C. 13975) is underserved populations.’’. ager, except to the extent that disclosure is— amended— SEC. 603. PUBLIC HOUSING AUTHORITY PLANS ‘‘(i) requested or consented to by the indi- (1) in subsection (a)— REPORTING REQUIREMENT. vidual in writing; or (A) by inserting ‘‘the Department of Housing Section 5A of the United States Housing Act ‘‘(ii) otherwise required by applicable law. and Urban Development, and the Department of of 1937 (42 U.S.C. 1437c–1) is amended— ‘‘(B) NOTIFICATION.—Public housing agencies Health and Human Services,’’ after ‘‘Depart- (1) in subsection (a)— must provide notice to tenants of their rights ment of Justice,’’; (A) in paragraph (1), by striking ‘‘paragraph under this section, including their right to con- (B) by inserting ‘‘, including domestic violence (2)’’ and inserting ‘‘paragraph (3)’’; fidentiality and the limits thereof, and to own- and sexual assault victim service providers, do- (B) by redesignating paragraph (2) as para- ers and managers of their rights and obligations mestic violence and sexual assault coalitions, graph (3); and under this section. other nonprofit, nongovernmental organiza- (C) by inserting after paragraph (1) the fol- ‘‘(f) USE OF FUNDS.—Grants and contracts tions, or community-based and culturally spe- lowing: awarded pursuant to subsection (a) shall pro- cific organizations, that have a documented his- ‘‘(2) STATEMENT OF GOALS.—The 5-year plan vide to eligible entities personnel, training, and tory of effective work concerning domestic vio- shall include a statement by any public housing technical assistance to develop and implement lence, dating violence, sexual assault, or stalk- agency of the goals, objectives, policies, or pro- policies, practices, and procedures, making ing’’ after ‘‘other organizations’’; and grams that will enable the housing authority to physical improvements or changes, and devel- (C) in paragraph (1), by inserting ‘‘, dating vi- serve the needs of child and adult victims of do- oping or enhancing collaborations for the pur- olence, sexual assault, or stalking’’ after ‘‘do- mestic violence, dating violence, sexual assault, poses of— mestic violence’’; or stalking.’’;

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.019 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12097 (2) in subsection (d), by redesignating para- SEC. 606. AMENDMENTS TO THE LOW-INCOME will not be construed as a serious or repeated graphs (13), (14), (15), (16), (17), and (18), as HOUSING ASSISTANCE VOUCHER violation of the lease by the victim or threatened paragraphs (14), (15), (16), (17), (18), and (19), PROGRAM. victim of that violence and will not be good respectively; and Section 8 of the United States Housing Act of cause for terminating the tenancy or occupancy (3) by inserting after paragraph (12) the fol- 1937 (42 U.S.C. 1437f) is amended— rights of the victim of such violence’’; and lowing: (1) in subsection (c), by adding at the end the (C) in paragraph (1)(B)(iii), by inserting after following new paragraph: ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, ‘‘termination of tenancy’’ the following: ‘‘, ex- ‘‘(9)(A) That an applicant or participant is or SEXUAL ASSAULT, OR STALKING PROGRAMS.—A cept that (I) criminal activity directly relating to has been a victim of domestic violence, dating description of— domestic violence, dating violence, or stalking, violence, or stalking is not an appropriate basis ‘‘(A) any activities, services, or programs pro- engaged in by a member of a tenant’s household for denial of program assistance or for denial of vided or offered by an agency, either directly or or any guest or other person under the tenant’s admission, if the applicant otherwise qualifies in partnership with other service providers, to control, shall not be cause for termination of the for assistance or admission. child or adult victims of domestic violence, dat- tenancy or occupancy rights or program assist- ‘‘(B) An incident or incidents of actual or ing violence, sexual assault, or stalking; ance, if the tenant or immediate member of the threatened domestic violence, dating violence, or tenant’s family is a victim of that domestic vio- ‘‘(B) any activities, services, or programs pro- stalking will not be construed as a serious or re- vided or offered by a public housing agency that lence, dating violence, or stalking; (II) notwith- peated violation of the lease by the victim or standing subclause (I), a public housing agency helps child and adult victims of domestic vio- threatened victim of that violence and shall not lence, dating violence, sexual assault, or stalk- may terminate assistance to any individual who be good cause for terminating the assistance, is a tenant or lawful occupant and who engages ing, to obtain or maintain housing; and tenancy, or occupancy rights of the victim of ‘‘(C) any activities, services, or programs pro- in criminal acts of physical violence against such violence. family members or others, or an owner or man- vided or offered by a public housing agency to ‘‘(C)(i) Criminal activity directly relating to prevent domestic violence, dating violence, sex- ager under this section may bifurcate a lease, in domestic violence, dating violence, or stalking, order to evict, remove, or terminate assistance to ual assault, and stalking, or to enhance victim engaged in by a member of a tenant’s household safety in assisted families.’’. any individual who is a tenant or lawful occu- or any guest or other person under the tenant’s pant and who engages in criminal acts of phys- SEC. 604. HOUSING STRATEGIES. control shall not be cause for termination of as- ical violence against family members or others, Section 105(b)(1) of the Cranston-Gonzalez sistance, tenancy, or occupancy rights if the without evicting, removing, terminating assist- National Affordable Housing Act (42 U.S.C. tenant or an immediate member of the tenant’s ance to, or otherwise penalizing the victim of 12705(b)(1)) is amended by inserting after ‘‘im- family is the victim or threatened victim of that such violence who is also a tenant or lawful oc- munodeficiency syndrome,’’ the following: ‘‘vic- domestic violence, dating violence, or stalking. cupant; (III) nothing in subclause (I) may be tims of domestic violence, dating violence, sex- ‘‘(ii) Notwithstanding clause (i), an owner or construed to limit the authority of a public ual assault, and stalking’’. manager may bifurcate a lease under this sec- housing agency, owner, or manager, when noti- SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO tion, in order to evict, remove, or terminate as- fied, to honor court orders addressing rights of HOMELESS ASSISTANCE ACT. sistance to any individual who is a tenant or access to or control of the property, including Section 423 of the Stewart B. McKinney lawful occupant and who engages in criminal civil protection orders issued to protect the vic- Homeless Assistance Act (42 U.S.C. 11383) is acts of physical violence against family members tim and issued to address the distribution or amended— or others, without evicting, removing, termi- possession of property among the household (1) by adding at the end of subsection (a) the nating assistance to, or otherwise penalizing the members in cases where a family breaks up; (IV) following: victim of such violence who is also a tenant or nothing in subclause (I) limits any otherwise lawful occupant. ‘‘(8) CONFIDENTIALITY.— available authority of an owner or manager to ‘‘(iii) Nothing in clause (i) may be construed ‘‘(A) VICTIM SERVICE PROVIDERS.—In the evict or the public housing agency to terminate to limit the authority of a public housing agen- course of awarding grants or implementing pro- assistance to a tenant for any violation of a cy, owner, or manager, when notified, to honor grams under this subsection, the Secretary shall lease not premised on the act or acts of violence court orders addressing rights of access to or instruct any victim service provider that is a re- in question against the tenant or a member of control of the property, including civil protec- cipient or subgrantee not to disclose for pur- the tenant’s household, provided that the tion orders issued to protect the victim and poses of a Homeless Management Information owner, manager, or public housing agency does issued to address the distribution or possession System personally identifying information about not subject an individual who is or has been a of property among the household members in any client. The Secretary may, after public no- victim of domestic violence, dating violence, or cases where a family breaks up. tice and comment, require or ask such recipients stalking to a more demanding standard than ‘‘(iv) Nothing in clause (i) limits any other- and subgrantees to disclose for purposes of a other tenants in determining whether to evict or wise available authority of an owner or man- Homeless Management Information System non- terminate; (V) nothing in subclause (I) may be ager to evict or the public housing agency to ter- personally identifying data that has been de- construed to limit the authority of an owner or minate assistance to a tenant for any violation identified, encrypted, or otherwise encoded. manager to evict, or the public housing agency of a lease not premised on the act or acts of vio- Nothing in this section shall be construed to su- to terminate assistance, to any tenant if the lence in question against the tenant or a member persede any provision of any Federal, State, or owner, manager, or public housing agency can of the tenant’s household, provided that the local law that provides greater protection than demonstrate an actual and imminent threat to owner or manager does not subject an indi- this paragraph for victims of domestic violence, other tenants or those employed at or providing vidual who is or has been a victim of domestic dating violence, sexual assault, or stalking. service to the property if that tenant is not violence, dating violence, or stalking to a more ‘‘(B) evicted or terminated from assistance; and (VI) DEFINITIONS demanding standard than other tenants in de- nothing in this section shall be construed to su- ‘‘(i) PERSONALLY IDENTIFYING INFORMATION termining whether to evict or terminate. persede any provision of any Federal, State, or OR PERSONAL INFORMATION.—The term ‘person- ‘‘(v) Nothing in clause (i) may be construed to local law that provides greater protection than ally identifying information’ or ‘personal infor- limit the authority of an owner, manager, or this section for victims of domestic violence, dat- mation’ means individually identifying informa- public housing agency to evict or terminate from ing violence, or stalking.’’; tion for or about an individual including infor- assistance any tenant or lawful occupant if the (3) in subsection (f)— mation likely to disclose the location of a victim owner, manager or public housing agency can of domestic violence, dating violence, sexual as- (A) in paragraph (6), by striking ‘‘and’’; demonstrate an actual and imminent threat to (B) in paragraph (7), by striking the period at sault, or stalking, including— other tenants or those employed at or providing ‘‘(I) a first and last name; the end and inserting a semicolon; and service to the property if that tenant is not (C) by adding at the end the following new ‘‘(II) a home or other physical address; evicted or terminated from assistance. paragraphs: ‘‘(III) contact information (including a postal, ‘‘(vi) Nothing in this section shall be con- ‘‘(8) the term ‘domestic violence’ has the same e-mail or Internet protocol address, or telephone strued to supersede any provision of any Fed- meaning given the term in section 40002 of the or facsimile number); eral, State, or local law that provides greater Violence Against Women Act of 1994; ‘‘(IV) a social security number; and protection than this section for victims of domes- ‘‘(9) the term ‘dating violence’ has the same ‘‘(V) any other information, including date of tic violence, dating violence, or stalking.’’; meaning given the term in section 40002 of the birth, racial or ethnic background, or religious (2) in subsection (d)— Violence Against Women Act of 1994; and affiliation, that, in combination with any other (A) in paragraph (1)(A), by inserting after ‘‘(10) the term ‘stalking’ means— non-personally identifying information would ‘‘public housing agency’’ the following: ‘‘and ‘‘(A)(i) to follow, pursue, or repeatedly commit serve to identify any individual. that an applicant or participant is or has been acts with the intent to kill, injure, harass, or in- ‘‘(ii) VICTIM SERVICE PROVIDER.—The term a victim of domestic violence, dating violence, or timidate another person; and ‘victim service provider’ or ‘victim service pro- stalking is not an appropriate basis for denial of ‘‘(ii) to place under surveillance with the in- viders’ means a nonprofit, nongovernmental or- program assistance or for denial of admission if tent to kill, injure, harass, or intimidate another ganization including rape crisis centers, bat- the applicant otherwise qualifies for assistance person; and tered women’s shelters, domestic violence transi- or admission’’; ‘‘(B) in the course of, or as a result of, such tional housing programs, and other programs (B) in paragraph (1)(B)(ii), by inserting after following, pursuit, surveillance, or repeatedly whose primary mission is to provide services to ‘‘other good cause’’ the following: ‘‘, and that committed acts, to place a person in reasonable victims of domestic violence, dating violence, an incident or incidents of actual or threatened fear of the death of, or serious bodily injury to, sexual assault, or stalking.’’. domestic violence, dating violence, or stalking or to cause substantial emotional harm to—

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.019 H17DEPT1 H12098 CONGRESSIONAL RECORD — HOUSE December 17, 2005 ‘‘(i) that person; nated from assistance; and (vi) nothing in this tect the health or safety of an individual who is ‘‘(ii) a member of the immediate family of that section shall be construed to supersede any pro- or has been the victim of domestic violence, dat- person; or vision of any Federal, State, or local law that ing violence, or stalking and who reasonably be- ‘‘(iii) the spouse or intimate partner of that provides greater protection than this section for lieved he or she was imminently threatened by person; and victims of domestic violence, dating violence, or harm from further violence if he or she remained ‘‘(11) the term ‘immediate family member’ stalking.’’; and in the assisted dwelling unit’’; and means, with respect to a person— (D) by adding at the end the following new (6) by adding at the end the following new ‘‘(A) a spouse, parent, brother or sister, or paragraph: subsection: child of that person, or an individual to whom ‘‘(20) PROHIBITED BASIS FOR TERMINATION OF ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.— that person stands in loco parentis; or ASSISTANCE.— ‘‘(1) CERTIFICATION.— ‘‘(B) any other person living in the household ‘‘(A) IN GENERAL.—A public housing agency ‘‘(A) IN GENERAL.—An owner, manager, or of that person and related to that person by may not terminate assistance to a participant in public housing agency responding to subsections blood and marriage.’’; the voucher program on the basis of an incident (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (4) in subsection (o)— or incidents of actual or threatened domestic vi- (o)(7)(D), (o)(20), and (r)(5) may request that an (A) by inserting at the end of paragraph olence, dating violence, or stalking against that individual certify via a HUD approved certifi- (6)(B) the following new sentence: ‘‘That an ap- participant. cation form that the individual is a victim of do- plicant or participant is or has been a victim of ‘‘(B) CONSTRUAL OF LEASE PROVISIONS.— mestic violence, dating violence, or stalking, and domestic violence, dating violence, or stalking is Criminal activity directly relating to domestic that the incident or incidents in question are not an appropriate basis for denial of program violence, dating violence, or stalking shall not bona fide incidents of such actual or threatened assistance by or for denial of admission if the be considered a serious or repeated violation of abuse and meet the requirements set forth in the applicant otherwise qualifies for assistance for the lease by the victim or threatened victim of aforementioned paragraphs. Such certification admission, and that nothing in this section shall that criminal activity justifying termination of shall include the name of the perpetrator. The be construed to supersede any provision of any assistance to the victim or threatened victim. individual shall provide such certification with- Federal, State, or local law that provides greater ‘‘(C) TERMINATION ON THE BASIS OF CRIMINAL in 14 business days after the owner, manager, or protection than this section for victims of domes- ACTIVITY.—Criminal activity directly relating to public housing agency requests such certifi- tic violence, dating violence, or stalking.’’; domestic violence, dating violence, or stalking cation. (B) in paragraph (7)(C), by inserting after shall not be considered cause for termination of ‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If ‘‘other good cause’’ the following: ‘‘, and that assistance for any participant or immediate the individual does not provide the certification an incident or incidents of actual or threatened member of a participant’s family who is a victim within 14 business days after the owner, man- domestic violence, dating violence, or stalking of the domestic violence, dating violence, or ager, public housing agency, or assisted housing shall not be construed as a serious or repeated stalking. provider has requested such certification in violation of the lease by the victim or threatened ‘‘(D) EXCEPTIONS.— writing, nothing in this subsection or in sub- victim of that violence and shall not be good ‘‘(i) PUBLIC HOUSING AUTHORITY RIGHT TO section (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), cause for terminating the tenancy or occupancy TERMINATE FOR CRIMINAL ACTS.—Nothing in (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5) may be con- rights of the victim of such violence’’; subparagraphs (A), (B), or (C) may be construed strued to limit the authority of an owner or (C) in paragraph (7)(D), by inserting after to limit the authority of the public housing manager to evict, or the public housing agency ‘‘termination of tenancy’’ the following: ‘‘; ex- agency to terminate voucher assistance to indi- or assisted housing provider to terminate vouch- cept that (i) criminal activity directly relating to viduals who engage in criminal acts of physical er assistance for, any tenant or lawful occupant domestic violence, dating violence, or stalking, violence against family members or others. that commits violations of a lease. The owner, engaged in by a member of a tenant’s household ‘‘(ii) COMPLIANCE WITH COURT ORDERS.—Noth- manager, public housing agency, or assisted or any guest or other person under the tenant’s ing in subparagraphs (A), (B), or (C) may be housing provider may extend the 14-day dead- control shall not be cause for termination of the construed to limit the authority of a public line at their discretion. tenancy or occupancy rights, if the tenant or housing agency, when notified, to honor court ‘‘(C) CONTENTS.—An individual may satisfy immediate member of the tenant’s family is a orders addressing rights of access to or control the certification requirement of subparagraph victim of that domestic violence, dating violence, of the property, including civil protection orders (A) by— or stalking; (ii) notwithstanding clause (i), a issued to protect the victim and issued to ad- ‘‘(i) providing the requesting owner, manager, public housing agency may terminate assistance dress the distribution possession of property or public housing agency with documentation to any individual who is a tenant or lawful oc- among the household members in cases where a signed by an employee, agent, or volunteer of a cupant and who engages in criminal acts of family breaks up. victim service provider, an attorney, or a med- physical violence against family members or oth- ‘‘(iii) PUBLIC HOUSING AUTHORITY RIGHT TO ical professional, from whom the victim has ers, or an owner or manager may bifurcate a TERMINATE VOUCHER ASSISTANCE FOR LEASE VIO- sought assistance in addressing domestic vio- lease under this section, in order to evict, re- LATIONS.—Nothing in subparagraphs (A), (B), lence, dating violence, sexual assault, or stalk- move, or terminate assistance to any individual or (C) limit any otherwise available authority of ing, or the effects of the abuse, in which the who is a tenant or lawful occupant and who en- the public housing agency to terminate voucher professional attests under penalty of perjury (28 gages in criminal acts of physical violence assistance to a tenant for any violation of a U.S.C. 1746) to the professional’s belief that the against family members or others, without evict- lease not premised on the act or acts of violence incident or incidents in question are bona fide ing, removing, terminating assistance to, or oth- in question against the tenant or a member of incidents of abuse, and the victim of domestic erwise penalizing the victim of such violence the tenant’s household, provided that the public violence, dating violence, or stalking has signed who is also a tenant or lawful occupant; (iii) housing agency does not subject an individual or attested to the documentation; or nothing in clause (i) may be construed to limit who is or has been a victim of domestic violence, ‘‘(ii) producing a Federal, State, tribal, terri- the authority of a public housing agency, dating violence, or stalking to a more demand- torial, or local police or court record. owner, or manager, when notified, to honor ing standard than other tenants in determining ‘‘(D) LIMITATION.—Nothing in this subsection court orders addressing rights of access to con- whether to terminate. shall be construed to require an owner, man- trol of the property, including civil protection ‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT TO ager, or public housing agency to demand that orders issued to protect the victim and issued to TERMINATE VOUCHER ASSISTANCE FOR IMMINENT an individual produce official documentation or address the distribution or possession of prop- THREAT.—Nothing in subparagraphs (A), (B), physical proof of the individual’s status as a erty among the household members in cases (C) may be construed to limit the authority of victim of domestic violence, dating violence, sex- where a family breaks up; (iv) nothing in clause the public housing agency to terminate voucher ual assault, or stalking in order to receive any (i) limits any otherwise available authority of assistance to a tenant if the public housing of the benefits provided in this section. At their an owner or manager to evict or the public agency can demonstrate an actual and immi- discretion, the owner, manager, or public hous- housing agency to terminate assistance to a ten- nent threat to other tenants or those employed ing agency may provide benefits to an indi- ant for any violation of a lease not premised on at or providing service to the property or public vidual based solely on the individual’s state- the act or acts of violence in question against housing agency if that tenant is not evicted or ment or other corroborating evidence. the tenant or a member of the tenant’s house- terminated from assistance. ‘‘(E) COMPLIANCE NOT SUFFICIENT TO CON- hold, provided that the owner, manager, or pub- ‘‘(v) PREEMPTION.—Nothing in this section STITUTE EVIDENCE OF UNREASONABLE ACT.—Com- lic housing agency does not subject an indi- shall be construed to supersede any provision of pliance with this statute by an owner, manager, vidual who is or has been a victim of domestic any Federal, State, or local law that provides public housing agency, or assisted housing pro- violence, dating violence, or stalking to a more greater protection than this section for victims vider based on the certification specified in demanding standard than other tenants in de- of domestic violence, dating violence, or stalk- paragraph (1)(A) and (B) of this subsection or termining whether to evict or terminate; (v) ing.’’; based solely on the victim’s statement or other nothing in clause (i) may be construed to limit (5) in subsection (r)(5), by inserting after ‘‘vio- corroborating evidence, as permitted by para- the authority of an owner or manager to evict, lation of a lease’’ the following: ‘‘, except that graph (1)(C) of this subsection, shall not alone or the public housing agency to terminate, as- a family may receive a voucher from a public be sufficient to constitute evidence of an unrea- sistance to any tenant if the owner, manager, or housing agency and move to another jurisdic- sonable act or omission by an owner, manger, public housing agency can demonstrate an ac- tion under the tenant-based assistance program public housing agency, or assisted housing pro- tual and imminent threat to other tenants or if the family has complied with all other obliga- vider, or employee thereof. Nothing in this sub- those employed at or providing service to the tions of the section 8 program and has moved paragraph shall be construed to limit liability property if that tenant is not evicted or termi- out of the assisted dwelling unit in order to pro- for failure to comply with the requirements of

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.020 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12099 subsections (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), orders addressing rights of access to or control any Federal, State, or local law that provides (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5). of the property, including civil protection orders greater protection than this section for victims ‘‘(F) PREEMPTION.—Nothing in this section issued to protect the victim and issued to ad- of domestic violence, dating violence, or stalk- shall be construed to supersede any provision of dress the distribution or possession of property ing. any Federal, State, or local law that provides among the household members in cases where a ‘‘(F) COMPLIANCE NOT SUFFICIENT TO CON- greater protection than this section for victims family breaks up; (D) nothing in subparagraph STITUTE EVIDENCE OF UNREASONABLE ACT.—Com- of domestic violence, dating violence, or stalk- (A) limits any otherwise available authority of a pliance with this statute by a public housing ing. public housing agency to evict a tenant for any agency, or assisted housing provider based on ‘‘(2) CONFIDENTIALITY.— violation of a lease not premised on the act or the certification specified in subparagraphs (A) ‘‘(A) IN GENERAL.—All information provided to acts of violence in question against the tenant and (B) of this subsection or based solely on the an owner, manager, or public housing agency or a member of the tenant’s household, provided victim’s statement or other corroborating evi- pursuant to paragraph (1), including the fact that the public housing agency does not subject dence, as permitted by subparagraph (D) of this that an individual is a victim of domestic vio- an individual who is or has been a victim of do- subsection, shall not alone be sufficient to con- lence, dating violence, or stalking, shall be re- mestic violence, dating violence, or stalking to a stitute evidence of an unreasonable act or omis- tained in confidence by an owner, manager, or more demanding standard than other tenants in sion by a public housing agency or employee public housing agency, and shall neither be en- determining whether to evict or terminate; (E) thereof. Nothing in this subparagraph shall be tered into any shared database nor provided to nothing in subparagraph (A) may be construed construed to limit liability for failure to comply any related entity, except to the extent that dis- to limit the authority of a public housing agen- with the requirements of subsection (l)(5) and closure is— cy to terminate the tenancy of any tenant if the (6). ‘‘(i) requested or consented to by the indi- public housing agency can demonstrate an ac- ‘‘(2) CONFIDENTIALITY.— ‘‘(A) IN GENERAL.—All information provided to vidual in writing; tual and imminent threat to other tenants or any public housing agency pursuant to para- ‘‘(ii) required for use in an eviction proceeding those employed at or providing service to the graph (1), including the fact that an individual under subsections (c)(9), (d)(1)(B(ii), property if that tenant’s tenancy is not termi- (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), or (o)(20),; or is a victim of domestic violence, dating violence, nated; and (F) nothing in this section shall be or stalking, shall be retained in confidence by ‘‘(iii) otherwise required by applicable law. construed to supersede any provision of any ‘‘(B) NOTIFICATION.—Public housing agencies such public housing agency, and shall neither Federal, State, or local law that provides greater must provide notice to tenants assisted under be entered into any shared database nor pro- protection than this section for victims of domes- Section 8 of the United States Housing Act of vided to any related entity, except to the extent tic violence, dating violence, or stalking.’’; and 1937 of their rights under this subsection and that disclosure is— (5) by inserting at the end of subsection (t) the ‘‘(i) requested or consented to by the indi- subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), following new subsection: (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5), including vidual in writing; ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— ‘‘(ii) required for use in an eviction proceeding their right to confidentiality and the limits ‘‘(1) CERTIFICATION.— thereof, and to owners and managers of their under subsections (l)(5) or (6); or ‘‘(A) IN GENERAL.—A public housing agency ‘‘(iii) otherwise required by applicable law. rights and obligations under this subsection and responding to subsection (l) (5) and (6) may re- ‘‘(B) NOTIFICATION.—Public housing agencies subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), quest that an individual certify via a HUD ap- must provide notice to tenants assisted under (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5).’’. proved certification form that the individual is a Section 6 of the United States Housing Act of SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING victim of domestic violence, dating violence, or 1937 of their rights under this subsection and PROGRAM. stalking, and that the incident or incidents in subsections (l)(5) and (6), including their right Section 6 of the United States Housing Act of question are bona fide incidents of such actual to confidentiality and the limits thereof. 1937 (42 U.S.C. 1437d) is amended— or threatened abuse and meet the requirements ‘‘(3) DEFINITIONS.—For purposes of this sub- (1) in subsection (c), by redesignating para- set forth in the aforementioned paragraphs. section, subsection (c)(3), and subsection (l)(5) graph (3) and (4), as paragraphs (4) and (5), re- Such certification shall include the name of the and (6)— spectively; perpetrator. The individual shall provide such ‘‘(A) the term ‘domestic violence’ has the same (2) by inserting after paragraph (2) the fol- certification within 14 business days after the meaning given the term in section 40002 of the lowing: public housing agency requests such certifi- Violence Against Women Act of 1994; ‘‘(3) the public housing agency shall not deny cation. ‘‘(B) the term ‘dating violence’ has the same admission to the project to any applicant on the ‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If meaning given the term in basis that the applicant is or has been a victim the individual does not provide the certification ‘‘(C) the term ‘stalking’ means— of domestic violence, dating violence, or stalking within 14 business days after the public housing ‘‘(i)(I) to follow, pursue, or repeatedly commit if the applicant otherwise qualifies for assist- agency has requested such certification in writ- acts with the intent to kill, injure, harass, or in- ance or admission, and that nothing in this sec- ing, nothing in this subsection, or in paragraph timidate; or tion shall be construed to supersede any provi- (5) or (6) of subsection (l), may be construed to ‘‘(II) to place under surveillance with the in- sion of any Federal, State, or local law that pro- limit the authority of the public housing agency tent to kill, injure, harass, or intimidate another vides greater protection than this section for vic- to evict any tenant or lawful occupant that person; and ‘‘(ii) in the course of, or as a result of, such tims of domestic violence, dating violence, or commits violations of a lease. The public hous- following, pursuit, surveillance, or repeatedly stalking’’; ing agency may extend the 14-day deadline at (3) in subsection (l)(5), by inserting after committed acts, to place a person in reasonable its discretion. fear of the death of, or serious bodily injury to, ‘‘other good cause’’ the following: ‘‘, and that ‘‘(C) CONTENTS.—An individual may satisfy or to cause substantial emotional harm to— an incident or incidents of actual or threatened the certification requirement of subparagraph domestic violence, dating violence, or stalking ‘‘(I) that person; (A) by— ‘‘(II) a member of the immediate family of that will not be construed as a serious or repeated ‘‘(i) providing the requesting public housing person; or violation of the lease by the victim or threatened agency with documentation signed by an em- ‘‘(III) the spouse or intimate partner of that victim of that violence and will not be good ployee, agent, or volunteer of a victim service person; and cause for terminating the tenancy or occupancy provider, an attorney, or a medical professional, ‘‘(D) the term ‘immediate family member’ rights of the victim of such violence’’; from whom the victim has sought assistance in means, with respect to a person— (4) in subsection (l)(6), by inserting after ‘‘ter- addressing domestic violence, dating violence, or ‘‘(i) a spouse, parent, brother or sister, or mination of tenancy’’ the following: ‘‘; except stalking, or the effects of the abuse, in which child of that person, or an individual to whom that (A) criminal activity directly relating to do- the professional attests under penalty of perjury that person stands in loco parentis; or mestic violence, dating violence, or stalking, en- (28 U.S.C. 1746) to the professional’s belief that ‘‘(ii) any other person living in the household gaged in by a member of a tenant’s household or the incident or incidents in question are bona of that person and related to that person by any guest or other person under the tenant’s fide incidents of abuse, and the victim of domes- blood and marriage.’’. control, shall not be cause for termination of the tic violence, dating violence, or stalking has TITLE VII—PROVIDING ECONOMIC tenancy or occupancy rights, if the tenant or signed or attested to the documentation; or SECURITY FOR VICTIMS OF VIOLENCE immediate member of the tenant’s family is a ‘‘(ii) producing a Federal, State, tribal, terri- SEC. 701. GRANT FOR NATIONAL RESOURCE CEN- victim of that domestic violence, dating violence, torial, or local police or court record. TER ON WORKPLACE RESPONSES TO or stalking; (B) notwithstanding subparagraph ‘‘(D) LIMITATION.—Nothing in this subsection ASSIST VICTIMS OF DOMESTIC AND (A), a public housing agency under this section shall be construed to require any public housing SEXUAL VIOLENCE. may bifurcate a lease under this section, in agency to demand that an individual produce Subtitle N of the Violence Against Women Act order to evict, remove, or terminate assistance to official documentation or physical proof of the of 1994 (Public Law 103–322; 108 Stat. 1902) is any individual who is a tenant or lawful occu- individual’s status as a victim of domestic vio- amended by adding at the end the following: pant and who engages in criminal acts of phys- lence, dating violence, or stalking in order to re- ‘‘Subtitle O—National Resource Center ical violence against family members or others, ceive any of the benefits provided in this sec- ‘‘SEC. 41501. GRANT FOR NATIONAL RESOURCE without evicting, removing, terminating assist- tion. At the public housing agency’s discretion, CENTER ON WORKPLACE RE- ance to, or otherwise penalizing the victim of a public housing agency may provide benefits to SPONSES TO ASSIST VICTIMS OF DO- such violence who is also a tenant or lawful oc- an individual based solely on the individual’s MESTIC AND SEXUAL VIOLENCE. cupant; (C) nothing in subparagraph (A) may statement or other corroborating evidence. ‘‘(a) AUTHORITY.—The Attorney General, act- be construed to limit the authority of a public ‘‘(E) PREEMPTION.—Nothing in this section ing through the Director of the Office on Vio- housing agency, when notified, to honor court shall be construed to supersede any provision of lence Against Women, may award a grant to an

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.020 H17DEPT1 H12100 CONGRESSIONAL RECORD — HOUSE December 17, 2005 eligible nonprofit nongovernmental entity or (i) by inserting ‘‘Federal, State, or local’’ be- United States for a continuous period during tribal organization, in order to provide for the fore ‘‘investigation’’; and the investigation or prosecution of acts of traf- establishment and operation of a national re- (ii) by striking ‘‘, or’’ and inserting ‘‘or the in- ficking and that, in the opinion of the Attorney source center on workplace responses to assist vestigation of crime where acts of trafficking are General, the investigation or prosecution is com- victims of domestic and sexual violence. The re- at least one central reason for the commission of plete, whichever period of time is less;’’; source center shall provide information and as- that crime; or’’; and (2) in paragraph (2), by striking ‘‘Attorney sistance to employers and labor organizations to (C) in subclause (IV), by striking ‘‘and’’ at General’’ each place it appears and inserting aid in their efforts to develop and implement re- the end; ‘‘Secretary of Homeland Security’’; and sponses to such violence. (2) by amending clause (ii) to read as follows: (3) in paragraph (5), by striking ‘‘Attorney ‘‘(b) APPLICATIONS.—To be eligible to receive a ‘‘(ii) if accompanying, or following to join, the General’’ and inserting ‘‘Secretary of Homeland grant under this section, an entity or organiza- alien described in clause (i)— Security’’. tion shall submit an application to the Attorney ‘‘(I) in the case of an alien described in clause (b) VICTIMS OF CRIMES AGAINST WOMEN.—Sec- General at such time, in such manner, and con- (i) who is under 21 years of age, the spouse, tion 245(m) of the Immigration and Nationality taining such information as the Attorney Gen- children, unmarried siblings under 18 years of Act (8 U.S.C. 12255(m)) is amended— eral may require, including— age on the date on which such alien applied for (1) in paragraph (1)— ‘‘(1) information that demonstrates that the status under such clause, and parents of such (A) by striking ‘‘Attorney General may ad- entity or organization has nationally recognized alien; or just’’ and inserting ‘‘Secretary of Homeland Se- expertise in the area of domestic or sexual vio- ‘‘(II) in the case of an alien described in curity may adjust’’; and lence; clause (i) who is 21 years of age or older, the (B) in subparagraph (B), by striking ‘‘Attor- ‘‘(2) a plan to maximize, to the extent prac- spouse and children of such alien; and’’; and ney General’’ and inserting ‘‘Secretary of Home- ticable, outreach to employers (including private (3) by inserting after clause (ii) the following: land Security’’; (2) in paragraph (3)— companies and public entities such as public in- ‘‘(iii) if the Secretary of Homeland Security, in (A) by striking ‘‘Attorney General may ad- stitutions of higher education and State and his or her discretion and with the consultation just’’ and inserting ‘‘Secretary of Homeland Se- local governments) and labor organizations de- of the Attorney General, determines that a traf- curity may adjust’’; and scribed in subsection (a) concerning developing ficking victim, due to psychological or physical (B) by striking ‘‘Attorney General considers’’ and implementing workplace responses to assist trauma, is unable to cooperate with a request and inserting ‘‘Secretary considers’’; and victims of domestic or sexual violence; and for assistance described in clause (i)(III)(aa), (3) in paragraph (4), by striking ‘‘Attorney ‘‘(3) a plan for developing materials and the request is unreasonable.’’. General’’ and inserting ‘‘Secretary of Homeland training for materials for employers that address (b) TREATMENT OF SPOUSES AND CHILDREN OF Security’’. the needs of employees in cases of domestic vio- VICTIMS OF ABUSE.—Section 101(a)(15)(U) of the SEC. 804. PROTECTION AND ASSISTANCE FOR VIC- lence, dating violence, sexual assault, and stalk- Immigration and Nationality Act (8 U.S.C. TIMS OF TRAFFICKING. ing impacting the workplace, including the 1101(a)(15)(U)) is amended— (a) CLARIFICATION OF DEPARTMENT OF JUS- needs of underserved communities. (1) in clause (i), by striking ‘‘Attorney Gen- TICE AND DEPARTMENT OF HOMELAND SECURITY ‘‘(c) USE OF GRANT AMOUNT.— eral’’ and inserting ‘‘Secretary of Homeland Se- ROLES.—Section 107 of the Trafficking Victims ‘‘(1) IN GENERAL.—An entity or organization curity’’; and Protection Act of 2000 (22 U.S.C. 7105) is amend- that receives a grant under this section may use (2) by amending clause (ii) to read as follows: ed— the funds made available through the grant for ‘‘(ii) if accompanying, or following to join, the (1) in subsections (b)(1)(E), (e)(5), and (g), by staff salaries, travel expenses, equipment, print- alien described in clause (i)— striking ‘‘Attorney General’’ each place it ap- ing, and other reasonable expenses necessary to ‘‘(I) in the case of an alien described in clause pears and inserting ‘‘Secretary of Homeland Se- develop, maintain, and disseminate to employers (i) who is under 21 years of age, the spouse, curity’’; and and labor organizations described in subsection children, unmarried siblings under 18 years of (2) in subsection (c), by inserting ‘‘, the Sec- (a), information and assistance concerning age on the date on which such alien applied for retary of Homeland Security’’ after ‘‘Attorney workplace responses to assist victims of domestic status under such clause, and parents of such General’’. or sexual violence. alien; or (b) CERTIFICATION PROCESS.—Section ‘‘(2) RESPONSES.—Responses referred to in ‘‘(II) in the case of an alien described in 107(b)(1)(E) of the Trafficking Victims Protec- paragraph (1) may include— clause (i) who is 21 years of age or older, the tion Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is ‘‘(A) providing training to promote a better spouse and children of such alien; and’’. amended— understanding of workplace assistance to vic- (c) TECHNICAL AMENDMENTS.—Section 101(i) of (1) in clause (i)— tims of domestic or sexual violence; the Immigration and Nationality Act (8 U.S.C. (A) in the matter preceding subclause (I), by ‘‘(B) providing conferences and other edu- 1101(i)) is amended— inserting ‘‘and the Secretary of Homeland Secu- cational opportunities; and (1) in paragraph (1), by striking ‘‘Attorney rity’’ after ‘‘Attorney General’’; and ‘‘(C) developing protocols and model work- General’’ and inserting ‘‘Secretary of Homeland (B) in subclause (II)(bb), by inserting ‘‘and place policies. Security, the Attorney General,’’; and the Secretary of Homeland Security’’ after ‘‘At- ‘‘(d) LIABILITY.—The compliance or non- (2) in paragraph (2), by striking ‘‘Attorney torney General’’. compliance of any employer or labor organiza- General’’ and inserting ‘‘Secretary of Homeland (2) in clause (ii), by inserting ‘‘Secretary of tion with any protocol or policy developed by an Security’’. Homeland Security’’ after ‘‘Attorney General’’; entity or organization under this section shall SEC. 802. PRESENCE OF VICTIMS OF A SEVERE (3) in clause (iii)— not serve as a basis for liability in tort, express FORM OF TRAFFICKING IN PERSONS. (A) in subclause (II), by striking ‘‘and’’ at the or implied contract, or by any other means. No (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of end; protocol or policy developed by an entity or or- the Immigration and Nationality Act (8 U.S.C. (B) in subclause (III), by striking the period ganization under this section shall be referenced 1182(a)(9)(B)(iii)) is amended by adding at the at the end and inserting ‘‘; or’’; and (C) by adding at the end the following: or enforced as a workplace safety standard by end the following: ‘‘(IV) responding to and cooperating with re- any Federal, State, or other governmental agen- ‘‘(V) VICTIMS OF A SEVERE FORM OF TRAF- quests for evidence and information.’’. cy. FICKING IN PERSONS.—Clause (i) shall not apply ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (c) PROTECTION FROM REMOVAL FOR CERTAIN to an alien who demonstrates that the severe CRIME VICTIMS.—Section 107(e) of the Traf- There is authorized to be appropriated to carry form of trafficking (as that term is defined in out this section $1,000,000 for each of fiscal ficking Victims Protection Act of 2000 (22 U.S.C. section 103 of the Trafficking Victims Protection 7105(e)) is amended by striking ‘‘Attorney Gen- years 2007 through 2011. Act of 2000 (22 U.S.C. 7102)) was at least one ‘‘(f) AVAILABILITY OF GRANT FUNDS.—Funds eral’’ each place it occurs and inserting ‘‘Sec- central reason for the alien’s unlawful presence retary of Homeland Security’’. appropriated under this section shall remain in the United States.’’. available until expended.’’. (d) ANNUAL REPORT.—Section 107(g) of the (b) TECHNICAL AMENDMENT.—Paragraphs (13) Trafficking Victims Protection Act of 2000 (22 TITLE VIII—PROTECTION OF BATTERED and (14) of section 212(d) of the Immigration U.S.C. 7105(g)) is amended by inserting ‘‘or the AND TRAFFICKED IMMIGRANTS and Nationality Act (8 U.S.C. 1182(d)) are Secretary of Homeland Security’’ after ‘‘Attor- Subtitle A—Victims of Crime amended by striking ‘‘Attorney General’’ each ney General’’. place it appears and inserting ‘‘Secretary of SEC. 801. TREATMENT OF SPOUSE AND CHILDREN SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE. Homeland Security’’. OF VICTIMS. (a) AGING OUT CHILDREN.—Section (a) TREATMENT OF SPOUSE AND CHILDREN OF SEC. 803. ADJUSTMENT OF STATUS. 204(a)(1)(D) of the Immigration and Nationality VICTIMS OF TRAFFICKING.—Section 101(a)(15)(T) (a) VICTIMS OF TRAFFICKING.—Section 245(l) Act (8 U.S.C. 1154(a)(1)(D)) is amended— of the Immigration and Nationality Act (8 of the Immigration and Nationality Act (8 (1) in clause (i)— U.S.C. 1101(a)(15)(T)) is amended— U.S.C. 1255(l)) is amended— (A) in subclause (I), by inserting ‘‘or section (1) in clause (i)— (1) in paragraph (1)— 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ each place (A) in the matter preceding subclause (I), by (A) by striking ‘‘Attorney General’’ each place it appears; and striking ‘‘Attorney General’’ and inserting ‘‘Sec- it appears and inserting ‘‘Secretary of Home- (B) in subclause (III), by striking ‘‘a peti- retary of Homeland Security, or in the case of land Security, or in the case of subparagraph tioner for preference status under paragraph subclause (III)(aa) the Secretary of Homeland (C)(i), the Attorney General,’’; and (1), (2), or (3) of section 203(a), whichever para- Security and the Attorney General jointly;’’; (B) in subparagraph (A), by inserting at the graph is applicable,’’ and inserting ‘‘a VAWA (B) in subclause (III)(aa)— end ‘‘or has been physically present in the self-petitioner’’; and

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(2) by adding at the end the following: ‘‘(1) IN GENERAL.—Subject to paragraph (2), if 2000 (8 U.S.C. 1229a note; division B of Public ‘‘(iv) Any alien who benefits from this sub- an alien is permitted to depart voluntarily Law 106–386) is amended— paragraph may adjust status in accordance under this section and voluntarily fails to de- (1) in subparagraph (A)— with subsections (a) and (c) of section 245 as an part the United States within the time period (A) by amending clause (i) to read as follows: alien having an approved petition for classifica- specified, the alien— ‘‘(i) if the basis of the motion is to apply for tion under subparagraph (A)(iii), (A)(iv), ‘‘(A) shall be subject to a civil penalty of not relief under— (B)(ii), or (B)(iii).’’. less than $1,000 and not more than $5,000; and ‘‘(I) clause (iii) or (iv) of section 204(a)(1)(A) (b) APPLICATION OF CSPA PROTECTIONS.— ‘‘(B) shall be ineligible, for a period of 10 of the Immigration and Nationality Act (8 (1) IMMEDIATE RELATIVE RULES.—Section years, to receive any further relief under this U.S.C. 1154(a)(1)(A)); 201(f) of the Immigration and Nationality Act (8 section and sections 240A, 245, 248, and 249. ‘‘(II) clause (ii) or (iii) of section 204(a)(1)(B) U.S.C. 1151(f)) is amended by adding at the end ‘‘(2) APPLICATION OF VAWA PROTECTIONS.— of such Act (8 U.S.C. 1154(a)(1)(B)); the following: The restrictions on relief under paragraph (1) ‘‘(III) section 244(a)(3) of such Act (8 U.S.C. 8 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para- shall not apply to relief under section 240A or U.S.C. 1254(a)(3)); graphs (1) through (3) shall apply to self-peti- 245 on the basis of a petition filed by a VAWA ‘‘(IV) the first section of Public Law 89–732 (8 tioners and derivatives of self-petitioners.’’. self-petitioner, or a petition filed under section U.S.C. 1255 note) (commonly known as the (2) CHILDREN RULES.—Section 203(h) of the 240A(b)(2), or under section 244(a)(3) (as in ef- Cuban Adjustment Act) as a child or spouse Immigration and Nationality Act (8 U.S.C. fect prior to March 31, 1997), if the extreme cru- who has been battered or subjected to extreme 1153(h)) is amended by adding at the end the elty or battery was at least one central reason cruelty; or following: for the alien’s overstaying the grant of vol- ‘‘(V) section 902(d)(1)(B) of the Haitian Ref- ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para- untary departure. ugee Immigration Fairness Act of 1998 (8 U.S.C. graphs (1) through (3) shall apply to self-peti- ‘‘(3) NOTICE OF PENALTIES.—The order permit- 1255 note); and’’; and tioners and derivatives of self-petitioners.’’. ting an alien to depart voluntarily shall inform (B) in clause (ii), by inserting ‘‘or adjustment (c) LATE PETITION PERMITTED FOR IMMIGRANT the alien of the penalties under this sub- of status’’ after ‘‘suspension of deportation’’; SONS AND DAUGHTERS BATTERED AS CHILDREN.— section.’’. and (1) IN GENERAL.—Section 204(a)(1)(D) of the (2) in subparagraph (B)(ii), by striking ‘‘for Immigration and Nationality Act (8 U.S.C. SEC. 813. REMOVAL PROCEEDINGS. (a) EXCEPTIONAL CIRCUMSTANCES.— relief’’ and all that follows through ‘‘1101 1154(a)(1)(D)), as amended by subsection (a), is note))’’ and inserting ‘‘for relief described in further amended by adding at the end the fol- (1) IN GENERAL.—Section 240(e)(1) of the Immi- gration and Nationality Act (8 U.S.C. subparagraph (A)(i)’’. lowing: (b) EMPLOYMENT AUTHORIZATION FOR VAWA ‘‘(v) For purposes of this paragraph, an indi- 1229a(e)(1)) is amended by striking ‘‘serious ill- ness of the alien’’ and inserting ‘‘battery or ex- SELF-PETITIONERS.—Section 204(a)(1) of the Im- vidual who is not less than 21 years of age, who migration and Nationality Act (8 U.S.C. qualified to file a petition under subparagraph treme cruelty to the alien or any child or parent of the alien, serious illness of the alien,’’. 1154(a)(1)) is amended by adding at the end the (A)(iv) as of the day before the date on which following: the individual attained 21 years of age, and who (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to a failure to ap- ‘‘(K) Upon the approval of a petition as a did not file such a petition before such day, VAWA self-petitioner, the alien— shall be treated as having filed a petition under pear that occurs before, on, or after the date of the enactment of this Act. ‘‘(i) is eligible for work authorization; and such subparagraph as of such day if a petition ‘‘(ii) may be provided an ‘employment author- (b) DISCRETION TO CONSENT TO AN ALIEN’S RE- is filed for the status described in such subpara- ized’ endorsement or appropriate work permit APPLICATION FOR ADMISSION.— graph before the individual attains 25 years of incidental to such approval.’’. (1) IN GENERAL.—The Secretary of Homeland age and the individual shows that the abuse MPLOYMENT AUTHORIZATION FOR BAT- Security, the Attorney General, and the Sec- (c) E was at least one central reason for the filing TERED SPOUSES OF CERTAIN NONIMMIGRANTS.— retary of State shall continue to have discretion delay. Clauses (i) through (iv) of this subpara- Title I of the Immigration and Nationality Act is to consent to an alien’s reapplication for admis- graph shall apply to an individual described in amended by adding at the end the following sion after a previous order of removal, deporta- this clause in the same manner as an individual new section: filing a petition under subparagraph (A)(iv).’’. tion, or exclusion. ‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR (d) REMOVING A 2-YEAR CUSTODY AND RESI- (2) SENSE OF CONGRESS.—It is the sense of Congress that the officials described in para- BATTERED SPOUSES OF CERTAIN DENCY REQUIREMENT FOR BATTERED ADOPTED NONIMMIGRANTS. CHILDREN.—Section 101(b)(1)(E)(i) of the Immi- graph (1) should particularly consider exercising ‘‘(a) IN GENERAL.—In the case of an alien this authority in cases under the Violence gration and Nationality Act (8 U.S.C. spouse admitted under subparagraph (A), Against Women Act of 1994, cases involving 1101(b)(1)(E)(i)) is amended by inserting before (E)(iii), (G), or (H) of section 101(a)(15) who is nonimmigrants described in subparagraph (T) or the colon the following: ‘‘or if the child has been accompanying or following to join a principal (U) of section 101(a)(15) of the Immigration and battered or subject to extreme cruelty by the alien admitted under subparagraph (A), (E)(iii), Nationality Act (8 U.S.C. 1101(a)(15)), and relief adopting parent or by a family member of the (G), or (H) of such section, respectively, the Sec- under section 240A(b)(2) or 244(a)(3) of such Act adopting parent residing in the same house- retary of Homeland Security may authorize the (as in effect on March 31, 1997) pursuant to reg- hold’’. alien spouse to engage in employment in the ulations under section 212.2 of title 8, Code of Subtitle B—VAWA Self-Petitioners United States and provide the spouse with an Federal Regulations. SEC. 811. DEFINITION OF VAWA SELF-PETI- ‘employment authorized’ endorsement or other (c) CLARIFYING APPLICATION OF DOMESTIC VI- TIONER. appropriate work permit if the alien spouse dem- OLENCE WAIVER AUTHORITY IN CANCELLATION Section 101(a) of the Immigration and Nation- onstrates that during the marriage the alien OF REMOVAL.— ality Act (8 U.S.C. 1101(a)) is amended by add- spouse or a child of the alien spouse has been (1) IN GENERAL.—Section 240A(b) of the Immi- ing at the end the following: battered or has been the subject of extreme cru- gration and Nationality Act (8 U.S.C. 1229b(b)) ‘‘(51) The term ‘VAWA self-petitioner’ means elty perpetrated by the spouse of the alien is amended— an alien, or a child of the alien, who qualifies spouse. Requests for relief under this section (A) in paragraph (1)(C), by striking ‘‘(except for relief under— shall be handled under the procedures that in a case described in section 237(a)(7) where the ‘‘(A) clause (iii), (iv), or (vii) of section apply to aliens seeking relief under section Attorney General exercises discretion to grant a 204(a)(1)(A); 204(a)(1)(A)(iii). waiver)’’ and inserting ‘‘, subject to paragraph ‘‘(B) clause (ii) or (iii) of section 204(a)(1)(B); ‘‘(b) CONSTRUCTION.—The grant of employ- (5)’’; ‘‘(C) section 216(c)(4)(C); ment authorization pursuant to this section (B) in paragraph (2)(A)(iv), by striking ‘‘(ex- ‘‘(D) the first section of Public Law 89–732 (8 shall not confer upon the alien any other form cept in a case described in section 237(a)(7) U.S.C. 1255 note) (commonly known as the of relief.’’. where the Attorney General exercises discretion Cuban Adjustment Act) as a child or spouse (d) CLERICAL AMENDMENT.—The table of con- to grant a waiver)’’ and inserting ‘‘, subject to who has been battered or subjected to extreme tents of such Act is amended by inserting after paragraph (5)’’; and cruelty; the item relating to section 105 the following (C) by adding at the end the following: ‘‘(E) section 902(d)(1)(B) of the Haitian Ref- new item: ugee Immigration Fairness Act of 1998 (8 U.S.C. ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE 1255 note); WAIVER AUTHORITY.—The authority provided ‘‘Sec. 106. Employment authorization for bat- ‘‘(F) section 202(d)(1) of the Nicaraguan Ad- under section 237(a)(7) may apply under para- tered spouses of certain non- justment and Central American Relief Act; or graphs (1)(B), (1)(C), and (2)(A)(iv) in a can- immigrants.’’. ‘‘(G) section 309 of the Illegal Immigration Re- cellation of removal and adjustment of status (e) LIMITATION ON PETITIONING FOR ABUSER.— form and Immigrant Responsibility Act of 1996 proceeding.’’. Section 204(a)(1) of the Immigration and Nation- (division C of Public Law 104–208).’’. SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER ality Act (8 U.S.C. 1154(a)(1)) is amended by SEC. 812. APPLICATION IN CASE OF VOLUNTARY APPLICATIONS AND LIMITATION ON adding at the end the following new subpara- DEPARTURE. PETITIONING FOR ABUSERS. graph: Section 240B(d) of the Immigration and Na- (a) APPLICATION OF VAWA DEPORTATION ‘‘(L) Notwithstanding the previous provisions tionality Act (8 U.S.C. 1229c(d)) is amended to PROTECTIONS TO ALIENS ELIGIBLE FOR RELIEF of this paragraph, an individual who was a read as follows: UNDER CUBAN ADJUSTMENT AND HAITIAN REF- VAWA petitioner or who had the status of a ‘‘(d) CIVIL PENALTY FOR FAILURE TO DE- UGEE IMMIGRATION FAIRNESS ACT.—Section nonimmigrant under subparagraph (T) or (U) of PART.— 1506(c)(2) of the Violence Against Women Act of section 101(a)(15) may not file a petition for

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.021 H17DEPT1 H12102 CONGRESSIONAL RECORD — HOUSE December 17, 2005 classification under this section or section 214 to of Homeland Security from disclosing to the (B) by inserting ‘‘(subject to subsection (b))’’ classify any person who committed the battery chairmen and ranking members of the Com- after ‘‘except’’; and or extreme cruelty or trafficking against the in- mittee on the Judiciary of the Senate or the (C) by adding at the end the following: dividual (or the individual’s child) which estab- Committee on the Judiciary of the House of Rep- ‘‘(b) The exceptions specified in paragraphs lished the individual’s (or individual’s child) eli- resentatives, for the exercise of congressional (1) through (4) of subsection (a) shall not apply gibility as a VAWA petitioner or for such non- oversight authority, information on closed cases to a change of nonimmigrant classification to immigrant status.’’. under this section in a manner that protects the that of a nonimmigrant under subparagraph (T) SEC. 815. APPLICATION FOR VAWA-RELATED RE- confidentiality of such information and that or (U) of section 101(a)(15).’’. LIEF. omits personally identifying information (in- (2) CONFORMING AMENDMENT.—Section (a) IN GENERAL.—Section 202(d)(1) of the Nic- cluding locational information about individ- 214(l)(2)(A) of the Immigration and Nationality araguan Adjustment and Central American Re- uals). Act (8 U.S.C. 1184(l)(2)(A)) is amended by strik- lief Act (8 U.S.C. 1255 note; Public Law 105–100) ‘‘(7) Government entities adjudicating appli- ing ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’. is amended— cations for relief under subsection (a)(2), and SEC. 822. TECHNICAL CORRECTION TO REF- (1) in subparagraph (B)(ii), by inserting ‘‘, or government personnel carrying out mandated ERENCES IN APPLICATION OF SPE- was eligible for adjustment,’’ after ‘‘whose sta- duties under section 101(i)(1) of the Immigration CIAL PHYSICAL PRESENCE AND tus is adjusted’’; and and Nationality Act, may, with the prior writ- GOOD MORAL CHARACTER RULES. (2) in subparagraph (E), by inserting ‘‘, or, in ten consent of the alien involved, communicate (a) PHYSICAL PRESENCE RULES.—Section the case of an alien who qualifies under sub- with nonprofit, nongovernmental victims’ serv- 240A(b)(2)(B) of the Immigration and Nation- paragraph (B)(ii), applies for such adjustment ice providers for the sole purpose of assisting ality Act (8 U.S.C. 1229b(b)(2)(B)) is amended— during the 18-month period beginning on the victims in obtaining victim services from pro- (1) in the first sentence, by striking date of enactment of the Violence Against grams with expertise working with immigrant ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and Women and Department of Justice Reauthoriza- victims. Agencies receiving referrals are bound (2) in the fourth sentence, by striking ‘‘sub- tion Act of 2005’’ after ‘‘April 1, 2000’’. by the provisions of this section. Nothing in this section (b)(2)(B) of this section’’ and inserting (b) TECHNICAL AMENDMENT.—Section 202(d)(3) paragraph shall be construed as affecting the ‘‘this subparagraph, subparagraph (A)(ii),’’. of such Act (8 U.S.C. 1255 note; Public Law 105– ability of an applicant to designate a safe orga- (b) MORAL CHARACTER RULES.—Section 100) is amended by striking ‘‘204(a)(1)(H)’’ and nization through whom governmental agencies 240A(b)(2)(C) of the Immigration and Nation- inserting ‘‘204(a)(1)(J)’’. may communicate with the applicant.’’; ality Act (8 U.S.C. 1229b(b)(2)(C)) is amended by (c) EFFECTIVE DATE.—The amendment made (3) in subsection (c), by inserting ‘‘or who striking ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. by subsection (b) shall take effect as if included knowingly makes a false certification under sec- (c) CORRECTION OF CROSS-REFERENCE ERROR in the enactment of the Violence Against tion 239(e) of the Immigration and Nationality IN APPLYING GOOD MORAL CHARACTER.— Women Act of 2000 (division B of Public Law Act’’ after ‘‘in violation of this section’’; and (1) IN GENERAL.—Section 101(f)(3) of the Immi- 106–386; 114 Stat. 1491). (4) by adding at the end the following new gration and Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking ‘‘(9)(A)’’ and inserting SEC. 816. SELF-PETITIONING PARENTS. subsection: ‘‘(10)(A)’’. Section 204(a)(1)(A) of the Immigration and ‘‘(d) GUIDANCE.—The Attorney General and (2) EFFECTIVE DATE.—The amendment made Nationality Act (8 U.S.C. 1154(a)(1)(A)) is the Secretary of Homeland Security shall pro- by paragraph (1) shall be effective as if included amended by adding at the end the following: vide guidance to officers and employees of the ‘‘(vii) An alien may file a petition with the Department of Justice or the Department of in section 603(a)(1) of the Immigration Act of Secretary of Homeland Security under this sub- Homeland Security who have access to informa- 1990 (Public Law 101–649; 104 Stat. 5082). paragraph for classification of the alien under tion covered by this section regarding the provi- SEC. 823. PETITIONING RIGHTS OF CERTAIN section 201(b)(2)(A)(i) if the alien— sions of this section, including the provisions to FORMER SPOUSES UNDER CUBAN ADJUSTMENT. ‘‘(I) is the parent of a citizen of the United protect victims of domestic violence from harm (a) IN GENERAL.—The first section of Public States or was a parent of a citizen of the United that could result from the inappropriate disclo- Law 89–732 (8 U.S.C. 1255 note) (commonly States who, within the past 2 years, lost or re- sure of covered information.’’. known as the Cuban Adjustment Act) is amend- nounced citizenship status related to an inci- Subtitle C—Miscellaneous Amendments ed— dent of domestic violence or died; ‘‘(II) is a person of good moral character; SEC. 821. DURATION OF T AND U VISAS. (1) in the last sentence, by striking ‘‘(III) is eligible to be classified as an imme- (a) T VISAS.—Section 214(o) of the Immigra- ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and diate relative under section 201(b)(2)(A)(i); tion and Nationality Act (8 U.S.C. 1184(o)) is (2) by adding at the end the following: ‘‘An ‘‘(IV) resides, or has resided, with the citizen amended by adding at the end the following: alien who was the spouse of any Cuban alien daughter or son; and ‘‘(7)(A) Except as provided in subparagraph described in this section and has resided with ‘‘(V) demonstrates that the alien has been bat- (B), an alien who is issued a visa or otherwise such spouse shall continue to be treated as such tered or subject to extreme cruelty by the citizen provided nonimmigrant status under section a spouse for 2 years after the date on which the daughter or son.’’. 101(a)(15)(T) may be granted such status for a Cuban alien dies (or, if later, 2 years after the date of enactment of Violence Against Women SEC. 817. VAWA CONFIDENTIALITY NONDISCLO- period of not more than 4 years. SURE. ‘‘(B) An alien who is issued a visa or other- and Department of Justice Reauthorization Act Section 384 of the Illegal Immigration Reform wise provided nonimmigrant status under sec- of 2005), or for 2 years after the date of termi- and Immigrant Responsibility Act of 1996 (8 tion 101(a)(15)(T) may extend the period of such nation of the marriage (or, if later, 2 years after U.S.C. 1367) is amended— status beyond the period described in subpara- the date of enactment of Violence Against (1) in subsection (a)— graph (A) if a Federal, State, or local law en- Women and Department of Justice Reauthoriza- (A) in the matter preceding paragraph (1), by forcement official, prosecutor, judge, or other tion Act of 2005) if there is demonstrated a con- striking ‘‘(including any bureau or agency of authority investigating or prosecuting activity nection between the termination of the marriage such Department)’’ and inserting ‘‘, the Sec- relating to human trafficking or certifies that and the battering or extreme cruelty by the retary of Homeland Security, the Secretary of the presence of the alien in the United States is Cuban alien.’’. State, or any other official or employee of the necessary to assist in the investigation or pros- (b) EFFECTIVE DATE.—The amendment made Department of Homeland Security or Depart- ecution of such activity.’’. by subsection (a)(1) shall take effect as if in- ment of State (including any bureau or agency (b) U VISAS.—Section 214(p) of the Immigra- cluded in the enactment of the Violence Against of either of such Departments)’’; and tion and Nationality Act (8 U.S.C. 1184(p)) is Women Act of 2000 (division B of Public Law (B) in paragraph (1)— amended by adding at the end the following: 106–386; 114 Stat. 1491). (i) in subparagraph (D), by striking ‘‘or’’ at ‘‘(6) DURATION OF STATUS.—The authorized SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA the end; and period of status of an alien as a nonimmigrant APPLICANTS. (ii) by inserting after subparagraph (E) the under section 101(a)(15)(U) shall be for a period (a) IN GENERAL.—Section 902(d)(1)(B) of the following: of not more than 4 years, but shall be extended Haitian Refugee Immigration Fairness Act of ‘‘(F) in the case of an alien applying for sta- upon certification from a Federal, State, or local 1998 (8 U.S.C. 1255 note) is amended— tus under section 101(a)(15)(T) of the Immigra- law enforcement official, prosecutor, judge, or (1) in clause (i), by striking ‘‘whose status is tion and Nationality Act (8 U.S.C. other Federal, State, or local authority inves- adjusted to that of an alien lawfully admitted 1101(a)(15)(T)), under section tigating or prosecuting criminal activity de- for permanent residence’’ and inserting ‘‘who is 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims scribed in section 101(a)(15)(U)(iii) that the or was eligible for classification’’; Protection Act of 2000 (22 U.S.C. 7105), under alien’s presence in the United States is required (2) in clause (ii), by striking ‘‘whose status is section 244(a)(3) of the Immigration and Nation- to assist in the investigation or prosecution of adjusted to that of an alien lawfully admitted ality Act (8 U.S.C. 1254a(a)(3)), as in effect prior such criminal activity.’’. for permanent residence’’ and inserting ‘‘who is to March 31, 1999, or as a VAWA self-petitioner (c) PERMITTING CHANGE OF NONIMMIGRANT or was eligible for classification’’; and (as defined in section 101(a)(51) of the Immigra- STATUS TO T AND U NONIMMIGRANT STATUS.— (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ tion and Nationality Act (8 U.S.C. 1101(a)(51)), (1) IN GENERAL.—Section 248 of the Immigra- and inserting ‘‘204(a)(1)(J)’’. the trafficker or perpetrator,’’; tion and Nationality Act (8 U.S.C. 1258) is (b) EFFECTIVE DATE.—The amendment made (2) in subsection (b), by adding at the end the amended— by subsection (a)(3) shall take effect as if in- following new paragraphs: (A) by striking ‘‘The Attorney General’’ and cluded in the enactment of the Violence Against ‘‘(6) Subsection (a) may not be construed to inserting ‘‘(a) The Secretary of Homeland Secu- Women Act of 2000 (division B of Public Law prevent the Attorney General and the Secretary rity’’; 106–386; 114 Stat. 1491).

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.021 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12103 SEC. 825. MOTIONS TO REOPEN. ically present in the United States and’’ after Subtitle D—International Marriage Broker (a) REMOVAL PROCEEDINGS.—Section 240(c)(7) ‘‘filed by aliens’’; and Regulation of the Immigration and Nationality Act (8 (3) in subparagraph (B)(i), by inserting ‘‘or SEC. 831. SHORT TITLE. U.S.C. 1229a(c)(7)), as redesignated by section exclusion’’ after ‘‘deportation’’. This subtitle may be cited as the ‘‘Inter- 101(d)(1) of the REAL ID Act of 2005 (division B (c) CERTIFICATION OF COMPLIANCE IN RE- national Marriage Broker Regulation Act of of Public Law 109–13), is amended— 2005’’. (1) in subparagraph (A), by inserting ‘‘, except MOVAL PROCEEDINGS.— SEC. 832. ACCESS TO VAWA PROTECTION RE- that this limitation shall not apply so as to pre- (1) IN GENERAL.—Section 239 of the Immigra- GARDLESS OF MANNER OF ENTRY. vent the filing of one motion to reopen described tion and Nationality Act (8 U.S.C. 1229) is (a) INFORMATION ON CERTAIN CONVICTIONS in subparagraph (C)(iv)’’ before the period at amended by adding at the end the following AND LIMITATION ON PETITIONS FOR K NON- the end; and new subsection: IMMIGRANT PETITIONERS.— (2) in subparagraph (C)— ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RE- (1) 214(D) AMENDMENT.—Section 214(d) of the (A) in the heading of clause (iv), by striking STRICTIONS ON DISCLOSURE.— Immigration and Nationality Act (8 U.S.C. ‘‘SPOUSES AND CHILDREN’’ and inserting ‘‘(1) IN GENERAL.—In cases where an enforce- 1184(d)) is amended— ‘‘SPOUSES, CHILDREN, AND PARENTS’’; (B) in the matter before subclause (I) of clause ment action leading to a removal proceeding (A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; (B) by inserting after the second sentence (iv), by striking ‘‘The deadline specified in sub- was taken against an alien at any of the loca- ‘‘Such information shall include information on section (b)(5)(C) for filing a motion to reopen tions specified in paragraph (2), the Notice to any criminal convictions of the petitioner for does not apply’’ and inserting ‘‘Any limitation Appear shall include a statement that the provi- any specified crime.’’; under this section on the deadlines for filing sions of section 384 of the Illegal Immigration (C) by striking ‘‘Attorney General’’ and in- such motions shall not apply’’; Reform and Immigrant Responsibility Act of (C) in clause (iv)(I), by striking ‘‘or section 1996 (8 U.S.C. 1367) have been complied with. serting ‘‘Secretary of Homeland Security’’ each place it appears; and 240A(b)’’ and inserting ‘‘, section 240A(b), or ‘‘(2) LOCATIONS.—The locations specified in (D) by adding at the end the following: section 244(a)(3) (as in effect on March 31, this paragraph are as follows: ‘‘(2)(A) Subject to subparagraphs (B) and (C), 1997)’’; ‘‘(A) At a domestic violence shelter, a rape cri- (D) by striking ‘‘and’’ at the end of clause a consular officer may not approve a petition sis center, supervised visitation center, family under paragraph (1) unless the officer has (iv)(II); justice center, a victim services, or victim serv- (E) by striking the period at the end of clause verified that— ices provider, or a community-based organiza- ‘‘(i) the petitioner has not, previous to the (iv)(III) and inserting ‘‘; and’’; and tion. (F) by adding at the end the following: pending petition, petitioned under paragraph ‘‘(IV) if the alien is physically present in the ‘‘(B) At a courthouse (or in connection with (1) with respect to two or more applying aliens; United States at the time of filing the motion. that appearance of the alien at a courthouse) if and The filing of a motion to reopen under this the alien is appearing in connection with a pro- ‘‘(ii) if the petitioner has had such a petition clause shall only stay the removal of a qualified tection order case, child custody case, or other previously approved, 2 years have elapsed since alien (as defined in section 431(c)(1)(B) of the civil or criminal case relating to domestic vio- the filing of such previously approved petition. Personal Responsibility and Work Opportunity lence, sexual assault, trafficking, or stalking in ‘‘(B) The Secretary of Homeland Security Reconciliation Act of 1996 (8 U.S.C. which the alien has been battered or subject to may, in the Secretary’s discretion, waive the 1641(c)(1)(B)) pending the final disposition of extreme cruelty or if the alien is described in limitations in subparagraph (A) if justification the motion, including exhaustion of all appeals subparagraph (T) or (V) of section 101(a)(15).’’. exists for such a waiver. Except in extraor- if the motion establishes that the alien is a (2) EFFECTIVE DATE.—The amendment made dinary circumstances and subject to subpara- qualified alien.’’. by paragraph (1) shall take effect on the date graph (C), such a waiver shall not be granted if (b) DEPORTATION AND EXCLUSION PRO- that is 30 days after the date of the enactment the petitioner has a record of violent criminal CEEDINGS.—Section 1506(c)(2) of the Violence of this Act and shall apply to apprehensions oc- offenses against a person or persons. Against Women Act of 2000 (8 U.S.C. 1229a note) curring on or after such date. ‘‘(C)(i) The Secretary of Homeland Security is is amended— not limited by the criminal court record and (1) by striking subparagraph (A) and inserting SEC. 826. PROTECTING ABUSED JUVENILES. shall grant a waiver of the condition described the following: Section 287 of the Immigration and Nation- in the second sentence of subparagraph (B) in ‘‘(A)(i) IN GENERAL.—Notwithstanding any ality Act (8 U.S.C. 1357), as amended by section the case of a petitioner described in clause (ii). limitation imposed by law on motions to reopen 726, is further amended by adding at the end the ‘‘(ii) A petitioner described in this clause is a or rescind deportation proceedings under the following new clause: petitioner who has been battered or subjected to Immigration and Nationality Act (as in effect ‘‘(i) An alien described in section 101(a)(27)(J) extreme cruelty and who is or was not the pri- before the title III–A effective date in section 309 of the Immigration and Nationality Act who has mary perpetrator of violence in the relationship of the Illegal Immigration Reform and Immi- been battered, abused, neglected, or abandoned, upon a determination that— ‘‘(I) the petitioner was acting in self-defense; grant Responsibility Act of 1996 (8 U.S.C. 1101 shall not be compelled to contact the alleged ‘‘(II) the petitioner was found to have violated note))— abuser (or family member of the alleged abuser) a protection order intended to protect the peti- ‘‘(I) there is no time limit on the filing of a at any stage of applying for special immigrant tioner; or motion to reopen such proceedings, and the juvenile status, including after a request for the ‘‘(III) the petitioner committed, was arrested deadline specified in section 242B(c)(3) of the consent of the Secretary of Homeland Security for, was convicted of, or pled guilty to commit- Immigration and Nationality Act (as so in ef- under section 101(a)(27)(J)(iii)(I) of such Act.’’. fect) (8 U.S.C. 1252b(c)(3)) does not apply— ting a crime that did not result in serious bodily ‘‘(aa) if the basis of the motion is to apply for SEC. 827. PROTECTION OF DOMESTIC VIOLENCE injury and where there was a connection be- relief under clause (iii) or (iv) of section AND CRIME VICTIMS FROM CERTAIN tween the crime and the petitioner’s having been 204(a)(1)(A) of the Immigration and Nationality DISCLOSURES OF INFORMATION. battered or subjected to extreme cruelty. Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of In developing regulations or guidance with re- ‘‘(iii) In acting on applications under this section 204(a)(1)(B) of such Act (8 U.S.C. gard to identification documents, including subparagraph, the Secretary of Homeland Secu- 1154(a)(1)(B)), or section 244(a)(3) of such Act driver’s licenses, the Secretary of Homeland Se- rity shall consider any credible evidence rel- (as so in effect) (8 U.S.C. 1254(a)(3)); and curity, in consultation with the Administrator evant to the application. The determination of ‘‘(bb) if the motion is accompanied by a sus- of Social Security, shall consider and address what evidence is credible and the weight to be pension of deportation application to be filed the needs of victims, including victims of bat- given that evidence shall be within the sole dis- with the Secretary of Homeland Security or by tery, extreme cruelty, domestic violence, dating cretion of the Secretary. a copy of the self-petition that will be filed with violence, sexual assault, stalking or trafficking, ‘‘(3) In this subsection: the Department of Homeland Security upon the who are entitled to enroll in State address con- ‘‘(A) The terms ‘domestic violence’, ‘sexual as- granting of the motion to reopen; and fidentiality programs, whose addresses are enti- sault’, ‘child abuse and neglect’, ‘dating vio- ‘‘(II) any such limitation shall not apply so as tled to be suppressed under State or Federal law lence’, ‘elder abuse’, and ‘stalking’ have the to prevent the filing of one motion to reopen de- or suppressed by a court order, or who are pro- meaning given such terms in section 3 of the Vi- scribed in section 240(c)(7)(C)(iv) of the Immi- tected from disclosure of information pursuant olence Against Women and Department of Jus- gration and Nationality Act (8 U.S.C. to section 384 of the Illegal Immigration Reform tice Reauthorization Act of 2005. 1229a(c)(7)). and Immigrant Responsibility Act of 1996 (8 ‘‘(B) The term ‘specified crime’ means the fol- ‘‘(ii) PRIMA FACIE CASE.—The filing of a mo- U.S.C. 1367). lowing: tion to reopen under this subparagraph shall ‘‘(i) Domestic violence, sexual assault, child only stay the removal of a qualified alien (as de- SEC. 828. RULEMAKING. abuse and neglect, dating violence, elder abuse, fined in section 431(c)(1)(B) of the Personal Re- Not later than 180 days after the date of en- and stalking. sponsibility and Work Opportunity Reconcili- actment of this Act, the Attorney General, the ‘‘(ii) Homicide, murder, manslaughter, rape, ation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pend- Secretary of Homeland Security, and the Sec- abusive sexual contact, sexual exploitation, in- ing the final disposition of the motion, including retary of State shall promulgate regulations to cest, torture, trafficking, peonage, holding hos- exhaustion of all appeals if the motion estab- implement the provisions contained in the Bat- tage, involuntary servitude, slave trade, kidnap- lishes that the alien is a qualified alien.’’; tered Immigrant Women Protection Act of 2000 ping, abduction, unlawful criminal restraint, (2) in subparagraph (B), in the matter pre- (title V of Public Law 106–386), this Act, and the false imprisonment, or an attempt to commit any ceding clause (i), by inserting ‘‘who are phys- amendments made by this Act. of the crimes described in this clause.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.021 H17DEPT1 H12104 CONGRESSIONAL RECORD — HOUSE December 17, 2005 ‘‘(iii) At least three convictions for crimes re- immigrant victims of domestic violence and dis- struction packet regarding the visa application lating to a controlled substance or alcohol not tribute and make such pamphlet available as de- process is mailed to such applicant. The pam- arising from a single act.’’. scribed in paragraph (5). In preparing such ma- phlet so mailed shall be in the primary language (2) 214(R) AMENDMENT.—Section 214(r) of such terials, the Secretary of Homeland Security shall of the applicant or in English if no translation Act (8 U.S.C. 1184(r)) is amended— consult with nongovernmental organizations into the applicant’s primary language is avail- (A) in paragraph (1), by inserting after the with expertise on the legal rights of immigrant able. second sentence ‘‘Such information shall in- victims of battery, extreme cruelty, sexual as- (ii) The Secretary of Homeland Security shall clude information on any criminal convictions sault, and other crimes. provide to the Secretary of State, for inclusion of the petitioner for any specified crime.’’; and (2) INFORMATION PAMPHLET.—The information in the mailing under clause (i), a copy of the pe- (B) by adding at the end the following: pamphlet developed under paragraph (1) shall tition submitted by the petitioner for such appli- ‘‘(4)(A) The Secretary of Homeland Security include information on the following: cant under subsection (d) or (r) of section 214 of shall create a database for the purpose of track- (A) The K nonimmigrant visa application such Act (8 U.S.C. 1184). ing multiple visa petitions filed for fiance´(e)s process and the marriage-based immigration (iii) The Secretary of Homeland Security shall and spouses under clauses (i) and (ii) of section process, including conditional residence and ad- provide to the Secretary of State any criminal 101(a)(15)(K). Upon approval of a second visa justment of status. background information the Secretary of Home- petition under section 101(a)(15)(K) for a (B) The illegality of domestic violence, sexual land Security possesses with respect to a peti- fiance´(e) or spouse filed by the same United assault, and child abuse in the United States tioner under subsection (d) or (r) of section 214 States citizen petitioner, the petitioner shall be and the dynamics of domestic violence. of such Act (8 U.S.C. 1184). The Secretary of notified by the Secretary that information con- (C) Domestic violence and sexual assault serv- State, in turn, shall share any such criminal cerning the petitioner has been entered into the ices in the United States, including the National background information that is in government multiple visa petition tracking database. All Domestic Violence Hotline and the National records or databases with the K nonimmigrant subsequent fiance´(e) or spouse nonimmigrant Sexual Assault Hotline. visa applicant who is the beneficiary of the peti- visa petitions filed by that petitioner under such (D) The legal rights of immigrant victims of tion. The visa applicant shall be informed that section shall be entered in the database. abuse and other crimes in immigration, criminal such criminal background information is based ‘‘(B)(i) Once a petitioner has had two justice, family law, and other matters, including on available records and may not be complete. fiance´(e) or spousal petitions approved under access to protection orders. The Secretary of State also shall provide for the clause (i) or (ii) of section 101(a)(15)(K), if a (E) The obligations of parents to provide child disclosure of such criminal background informa- subsequent petition is filed under such section support for children. tion to the visa applicant at the consular inter- less than 10 years after the date the first visa (F) Marriage fraud under United States immi- view in the primary language of the visa appli- petition was filed under such section, the Sec- gration laws and the penalties for committing cant. Nothing in this clause shall be construed retary of Homeland Security shall notify both such fraud. to authorize the Secretary of Homeland Security (G) A warning concerning the potential use of the petitioner and beneficiary of any such sub- to conduct any new or additional criminal back- K nonimmigrant visas by United States citizens sequent petition about the number of previously ground check that is not otherwise conducted in who have a history of committing domestic vio- approved fiance´(e) or spousal petitions listed in the course of adjudicating such petitions. lence, sexual assault, child abuse, or other the database. (B) CONSULAR ACCESS.—The pamphlet devel- crimes and an explanation that such acts may ‘‘(ii) A copy of the information and resources oped under paragraph (1) shall be made avail- not have resulted in a criminal record for such pamphlet on domestic violence developed under able to the public at all consular posts. The a citizen. section 833(a) of the International Marriage summaries described in paragraph (3) shall be (H) Notification of the requirement under sub- Broker Regulation Act of 2005 shall be mailed to made available to foreign service officers at all section (d)(3)(A) that international marriage the beneficiary along with the notification re- consular posts. brokers provide foreign national clients with quired in clause (i). (C) POSTING ON FEDERAL WEBSITES.—The pam- background information gathered on United ‘‘(5) In this subsection: phlet developed under paragraph (1) shall be States clients from searches of Federal and State ‘‘(A) The terms ‘domestic violence’, ‘sexual as- posted on the websites of the Department of sex offender public registries and collected from sault’, ‘child abuse and neglect’, ‘dating vio- State and the Department of Homeland Secu- United States clients regarding their marital his- lence’, ‘elder abuse’, and ‘stalking’ have the rity, as well as on the websites of all consular tory and domestic violence or other violent meaning given such terms in section 3 of the Vi- posts processing applications for K non- criminal history, but that such information may olence Against Women and Department of Jus- immigrant visas. tice Reauthorization Act of 2005. not be complete or accurate because the United (D) INTERNATIONAL MARRIAGE BROKERS AND ‘‘(B) The term ‘specified crime’ means the fol- States client may not have a criminal record or VICTIM ADVOCACY ORGANIZATIONS.—The pam- lowing: may not have truthfully reported their marital phlet developed under paragraph (1) shall be ‘‘(i) Domestic violence, sexual assault, child or criminal record. made available to any international marriage abuse and neglect, dating violence, elder abuse, (3) SUMMARIES.—The Secretary of Homeland broker, government agency, or nongovernmental and stalking. Security, in consultation with the Attorney advocacy organization. ‘‘(ii) Homicide, murder, manslaughter, rape, General and the Secretary of State, shall de- (6) DEADLINE FOR PAMPHLET DEVELOPMENT abusive sexual contact, sexual exploitation, in- velop summaries of the pamphlet developed AND DISTRIBUTION.—The pamphlet developed cest, torture, trafficking, peonage, holding hos- under paragraph (1) that shall be used by Fed- under paragraph (1) shall be distributed and tage, involuntary servitude, slave trade, kidnap- eral officials when reviewing the pamphlet in made available (including in the languages ping, abduction, unlawful criminal restraint, interviews under subsection (b). specified under paragraph (4)) not later than false imprisonment, or an attempt to commit any (4) TRANSLATION.— 120 days after the date of the enactment of this of the crimes described in this clause. (A) IN GENERAL.—In order to best serve the ‘‘(iii) At least three convictions for crimes re- language groups having the greatest concentra- Act. lating to a controlled substance or alcohol not tion of K nonimmigrant visa applicants, the in- (b) VISA AND ADJUSTMENT INTERVIEWS.— ´ arising from a single act.’’. formation pamphlet developed under paragraph (1) FIANCE(E)S, SPOUSES AND THEIR DERIVA- (3) EFFECTIVE DATE.—The amendments made (1) shall, subject to subparagraph (B), be trans- TIVES.—During an interview with an applicant by this subsection shall take effect on the date lated by the Secretary of State into foreign lan- for a K nonimmigrant visa, a consular officers that is 60 days after the date of the enactment guages, including Russian, Spanish, Tagalog, shall— of this Act. Vietnamese, Chinese, Ukrainian, Thai, Korean, (A) provide information, in the primary lan- (b) LIMITATION ON USE OF CERTAIN INFORMA- Polish, Japanese, French, Arabic, Portuguese, guage of the visa applicant, on protection orders TION.—The fact that an alien described in Hindi, and such other languages as the Sec- or criminal convictions collected under sub- clause (i) or (ii) of section 101(a)(15)(K) of the retary of State, in the Secretary’s discretion, section (a)(5)(A)(iii); Immigration and Nationality Act (8 U.S.C. may specify. (B) provide a copy of the pamphlet developed 1101(a)(15)(K)) is aware of any information dis- (B) REVISION.—Every 2 years, the Secretary of under subsection (a)(1) in English or another closed under the amendments made by this sec- Homeland Security, in consultation with the At- appropriate language and provide an oral sum- tion or under section 833 shall not be used to torney General and the Secretary of State, shall mary, in the primary language of the visa appli- deny the alien eligibility for relief under any determine at least 14 specific languages into cant, of that pamphlet; and other provision of law. which the information pamphlet is translated (C) ask the applicant, in the primary lan- SEC. 833. DOMESTIC VIOLENCE INFORMATION based on the languages spoken by the greatest guage of the applicant, whether an inter- AND RESOURCES FOR IMMIGRANTS concentrations of K nonimmigrant visa appli- national marriage broker has facilitated the re- AND REGULATION OF INTER- cants. lationship between the applicant and the United NATIONAL MARRIAGE BROKERS. (5) AVAILABILITY AND DISTRIBUTION.—The in- States petitioner, and, if so, obtain the identity (a) INFORMATION FOR K NONIMMIGRANTS ON formation pamphlet developed under paragraph of the international marriage broker from the LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT (1) shall be made available and distributed as applicant and confirm that the international VICTIMS OF DOMESTIC VIOLENCE.— follows: marriage broker provided to the applicant the (1) IN GENERAL.—The Secretary of Homeland (A) MAILINGS TO K NONIMMIGRANT VISA APPLI- information and materials required under sub- Security, in consultation with the Attorney CANTS.— section (d)(3)(A)(iii). General and the Secretary of State, shall de- (i) The pamphlet shall be mailed by the Sec- (2) FAMILY-BASED APPLICANTS.—The pamphlet velop an information pamphlet, as described in retary of State to each applicant for a K non- developed under subsection (a)(1) shall be dis- paragraph (2), on legal rights and resources for immigrant visa at the same time that the in- tributed directly to applicants for family-based

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.021 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12105

immigration petitions at all consular and ad- (A) LIMITATION ON SHARING INFORMATION commerce, an international marriage broker justment interviews for such visas. The Depart- ABOUT FOREIGN NATIONAL CLIENTS.—An inter- that, within the special maritime and territorial ment of State or Department of Homeland Secu- national marriage broker shall not provide any jurisdiction of the United States, violates (or at- rity officer conducting the interview shall re- United States client or representative with the tempts to violate) paragraph (1), (2), (3), or (4) view the summary of the pamphlet with the ap- personal contact information of any foreign na- shall be fined in accordance with title 18, United plicant orally in the applicant’s primary lan- tional client unless and until the international States Code, or imprisoned for not more than 5 guage, in addition to distributing the pamphlet marriage broker has— years, or both. to the applicant in English or another appro- (i) performed a search of the National Sex Of- (C) ADDITIONAL REMEDIES.—The penalties and priate language. fender Public Registry, or of the relevant State remedies under this subsection are in addition to (c) CONFIDENTIALITY.—In fulfilling the re- sex offender public registry for any State not yet any other penalties or remedies available under quirements of this section, no official of the De- participating in the National Sex Offender Pub- law. partment of State or the Department of Home- lic Registry in which the United States client (6) NONPREEMPTION.—Nothing in this sub- land Security shall disclose to a nonimmigrant has resided during the previous 20 years, for in- section shall preempt— visa applicant the name or contact information formation regarding the United States client; (A) any State law that provides additional of any person who was granted a protection (ii) collected background information about protections for aliens who are utilizing the serv- order or restraining order against the petitioner the United States client required under para- ices of an international marriage broker; or or who was a victim of a crime of violence per- graph (2); (B) any other or further right or remedy avail- petrated by the petitioner, but shall disclose the (iii) provided to the foreign national client— able under law to any party utilizing the serv- (I) in the foreign national client’s primary relationship of the person to the petitioner. ices of an international marriage broker. language, a copy of any records retrieved from (d) REGULATION OF INTERNATIONAL MARRIAGE (7) EFFECTIVE DATE.— the search required under paragraph (2)(A)(i) or BROKERS.— (A) IN GENERAL.—Except as provided in sub- (1) PROHIBITION ON MARKETING CHILDREN.— documentation confirming that such search re- paragraph (B), this subsection shall take effect An international marriage broker shall not pro- trieved no records; on the date that is 60 days after the date of the vide any individual or entity with the personal (II) in the foreign national client’s primary enactment of this Act. language, a copy of the background information contact information, photograph, or general in- (B) ADDITIONAL TIME ALLOWED FOR INFORMA- collected by the international marriage broker formation about the background or interests of TION PAMPHLET.—The requirement for the dis- under paragraph (2)(B); and any individual under the age of 18. tribution of the pamphlet developed under sub- (III) in the foreign national client’s primary (2) REQUIREMENTS OF INTERNATIONAL MAR- section (a)(1) shall not apply until 30 days after language (or in English or other appropriate RIAGE BROKERS WITH RESPECT TO MANDATORY the date of its development and initial distribu- language if there is no translation available into COLLECTION OF BACKGROUND INFORMATION.— tion under subsection (a)(6). the client’s primary language), the pamphlet de- (A) IN GENERAL.— (e) DEFINITIONS.—In this section: veloped under subsection (a)(1); and (i) SEARCH OF SEX OFFENDER PUBLIC REG- (1) CRIME OF VIOLENCE.—The term ‘‘crime of (iv) received from the foreign national client a ISTRIES.—Each international marriage broker violence’’ has the meaning given such term in signed, written consent, in the foreign national shall search the National Sex Offender Public section 16 of title 18, United States Code. client’s primary language, to release the foreign Registry or State sex offender public registry, as (2) DOMESTIC VIOLENCE.—The term ‘‘domestic national client’s personal contact information to required under paragraph (3)(A)(i). violence’’ has the meaning given such term in the specific United States client. (ii) COLLECTION OF BACKGROUND INFORMA- section 3 of this Act. (B) CONFIDENTIALITY.—In fulfilling the re- TION.—Each international marriage broker shall OREIGN NATIONAL CLIENT.—The term quirements of this paragraph, an international (3) F also collect the background information listed in ‘‘foreign national client’’ means a person who is marriage broker shall disclose the relationship subparagraph (B) about the United States client not a United States citizen or national or an of the United States client to individuals who to whom the personal contact information of a alien lawfully admitted to the United States for were issued a protection order or restraining foreign national client would be provided. permanent residence and who utilizes the serv- order as described in clause (i) of paragraph (B) BACKGROUND INFORMATION.—The inter- ices of an international marriage broker. Such (2)(B), or of any other victims of crimes as de- national marriage broker shall collect a certifi- term includes an alien residing in the United scribed in clauses (ii) through (iv) of such para- cation signed (in written, electronic, or other States who is in the United States as a result of graph, but shall not disclose the name or loca- form) by the United States client accompanied utilizing the services of an international mar- tion information of such individuals. by documentation or an attestation of the fol- riage broker and any alien recruited by an lowing background information about the (C) PENALTY FOR MISUSE OF INFORMATION.—A person who knowingly discloses, uses, or causes international marriage broker or representative United States client: of such broker. (i) Any temporary or permanent civil protec- to be used any information obtained by an international marriage broker as a result of the (4) INTERNATIONAL MARRIAGE BROKER(A) IN tion order or restraining order issued against GENERAL.—The term ‘‘international marriage the United States client. obligations imposed on it under paragraph (2) and this paragraph for any purpose other than broker’’ means a corporation, partnership, busi- (ii) Any Federal, State, or local arrest or con- ness, individual, or other legal entity, whether viction of the United States client for homicide, the disclosures required under this paragraph shall be fined in accordance with title 18, United or not organized under any law of the United murder, manslaughter, assault, battery, domes- States, that charges fees for providing dating, tic violence, rape, sexual assault, abusive sexual States Code, or imprisoned not more than 1 year, or both. These penalties are in addition to matrimonial, matchmaking services, or social re- contact, sexual exploitation, incest, child abuse ferrals between United States citizens or nation- or neglect, torture, trafficking, peonage, holding any other civil or criminal liability under Fed- eral or State law which a person may be subject als or aliens lawfully admitted to the United hostage, involuntary servitude, slave trade, kid- States as permanent residents and foreign na- napping, abduction, unlawful criminal re- to for the misuse of that information, including to threaten, intimidate, or harass any indi- tional clients by providing personal contact in- straint, false imprisonment, or stalking. formation or otherwise facilitating communica- (iii) Any Federal, State, or local arrest or con- vidual. Nothing in this section shall prevent the tion between individuals. viction of the United States client for— disclosure of such information to law enforce- (I) solely, principally, or incidentally engag- ment or pursuant to a court order. (B) EXCEPTIONS.—Such term does not in- ing in prostitution; (4) LIMITATION ON DISCLOSURE.—An inter- clude— (II) a direct or indirect attempt to procure national marriage broker shall not provide the (i) a traditional matchmaking organization of prostitutes or persons for the purpose of pros- personal contact information of any foreign na- a cultural or religious nature that operates on a titution; or tional client to any person or entity other than nonprofit basis and otherwise operates in com- (III) receiving, in whole or in part, of the pro- a United States client. Such information shall pliance with the laws of the countries in which ceeds of prostitution. not be disclosed to potential United States cli- it operates, including the laws of the United (iv) Any Federal, State, or local arrest or con- ents or individuals who are being recruited to be States; or viction of the United States client for offenses United States clients or representatives. (ii) an entity that provides dating services if related to controlled substances or alcohol. (5) PENALTIES.— its principal business is not to provide inter- (v) Marital history of the United States client, (A) FEDERAL CIVIL PENALTY.— national dating services between United States including whether the client is currently mar- (i) VIOLATION.—An international marriage citizens or United States residents and foreign ried, whether the client has previously been broker that violates (or attempts to violate) nationals and it charges comparable rates and married and how many times, how previous paragraph (1), (2), (3), or (4) is subject to a civil offers comparable services to all individuals it marriages of the client were terminated and the penalty of not less than $5,000 and not more serves regardless of the individual’s gender or date of termination, and whether the client has than $25,000 for each such violation. country of citizenship. previously sponsored an alien to whom the cli- (ii) PROCEDURES FOR IMPOSITION OF PEN- (5) K NONIMMIGRANT VISA.—The term ‘‘K non- ent was engaged or married. ALTY.—A penalty may be imposed under clause immigrant visa’’ means a nonimmigrant visa (vi) The ages of any of the United States cli- (i) by the Attorney General only after notice under clause (i) or (ii) of section 101(a)(15)(K) of ent’s children who are under the age of 18. and an opportunity for an agency hearing on the Immigration and Nationality Act (8 U.S.C. (vii) All States and countries in which the the record in accordance with subchapter II of 1101(a)(15)(K)). United States client has resided since the client chapter 5 of title 5, United States Code (popu- (6) PERSONAL CONTACT INFORMATION.— was 18 years of age. larly known as the Administrative Procedure (A) IN GENERAL.—The term ‘‘personal contact (3) OBLIGATION OF INTERNATIONAL MARRIAGE Act). information’’ means information, or a forum to BROKERS WITH RESPECT TO INFORMED CON- (B) FEDERAL CRIMINAL PENALTY.—In cir- obtain such information, that would permit in- SENT.— cumstances in or affecting interstate or foreign dividuals to contact each other, including—

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.022 H17DEPT1 H12106 CONGRESSIONAL RECORD — HOUSE December 17, 2005 (i) the name or residential, postal, electronic and this section from clients and petitioners by governments concerning the Federal administra- mail, or instant message address of an indi- international marriage brokers, the Department tion of tribal funds and programs established vidual; of State, or the Department of Homeland Secu- under this Act, the Violence Against Women Act (ii) the telephone, pager, cellphone, or fax rity; of 1994 (title IV of Public Law 103–322; 108 Stat. number, or voice message mailbox of an indi- (D) that examines, based on the information 1902) and the Violence Against Women Act of vidual; or gathered, the extent to which persons with a 2000 (division B of Public Law 106–386; 114 Stat. (iii) the provision of an opportunity for an in- history of violence are using either the K non- 1491). person meeting. immigrant visa process or the services of inter- (b) RECOMMENDATIONS.—During consultations (B) EXCEPTION.—Such term does not include a national marriage brokers, or both, and the ex- under subsection (a), the Secretary of the De- photograph or general information about the tent to which such persons are providing accu- partment of Health and Human Services and the background or interests of a person. rate and complete information to the Depart- Attorney General shall solicit recommendations (7) REPRESENTATIVE.—The term ‘‘representa- ment of State or the Department of Homeland from Indian tribes concerning— tive’’ means, with respect to an international Security and to international marriage brokers (1) administering tribal funds and programs; marriage broker, the person or entity acting on in accordance with subsections (a) and (2) enhancing the safety of Indian women behalf of such broker. Such a representative (d)(2)(B); and from domestic violence, dating violence, sexual may be a recruiter, agent, independent con- (E) that assesses the accuracy and complete- assault, and stalking; and tractor, or other international marriage broker ness of the criminal background check per- (3) strengthening the Federal response to such or other person conveying information about or formed by the Secretary of Homeland Security violent crimes. to a United States client or foreign national cli- at identifying past instances of domestic vio- SEC. 904. ANALYSIS AND RESEARCH ON VIO- ent, whether or not the person or entity receives lence. LENCE AGAINST INDIAN WOMEN. remuneration. (2) REPORT.—Not later than 2 years after the (a) NATIONAL BASELINE STUDY.— (8) STATE.—The term ‘‘State’’ includes the date of enactment of this Act, the Comptroller (1) IN GENERAL.—The National Institute of District of Columbia, Puerto Rico, the Virgin Is- General shall submit to the Committee on the Justice, in consultation with the Office on Vio- lands, Guam, American Samoa, and the North- Judiciary of the Senate and the Committee on lence Against Women, shall conduct a national ern Mariana Islands. the Judiciary of the House of Representatives a baseline study to examine violence against In- (9) UNITED STATES.—The term ‘‘United report setting forth the results of the study con- dian women in Indian country. States’’, when used in a geographic sense, in- ducted under paragraph (1). (2) SCOPE.— cludes all the States. (3) DATA COLLECTION.—The Secretary of (A) IN GENERAL.—The study shall examine vi- (10) UNITED STATES CLIENT.—The term Homeland Security and the Secretary of State olence committed against Indian women, includ- ‘‘United States client’’ means a United States shall collect and maintain the data necessary ing— citizen or other individual who resides in the for the Comptroller General of the United States (i) domestic violence; United States and who utilizes the services of an to conduct the study required by paragraph (1). (ii) dating violence; international marriage broker, if a payment is (g) REPEAL OF MAIL-ORDER BRIDE PROVI- (iii) sexual assault; made or a debt is incurred to utilize such serv- SION.—Section 652 of the Illegal Immigration Re- (iv) stalking; and ices. form and Immigrant Responsibility Act of 1996 (v) murder. (f) GAO STUDY AND REPORT.— (division C of Public Law 104–208; 8 U.S.C. 1375) (B) EVALUATION.—The study shall evaluate (1) STUDY.—The Comptroller General of the is hereby repealed. the effectiveness of Federal, State, tribal, and United States shall conduct a study— SEC. 834. SHARING OF CERTAIN INFORMATION. local responses to the violations described in (A) on the impact of this section and section Section 222(f) of the Immigration and Nation- subparagraph (A) committed against Indian 832 on the K nonimmigrant visa process, includ- ality Act (8 U.S.C. 1202(f)) shall not be con- women. ing specifically— strued to prevent the sharing of information re- (C) RECOMMENDATIONS.—The study shall pro- (i) annual numerical changes in petitions for garding a United States petitioner for a visa pose recommendations to improve the effective- K nonimmigrant visas; under clause (i) or (ii) of section 101(a)(15)(K) of ness of Federal, State, tribal, and local re- (ii) the annual number (and percentage) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited sponses to the violation described in subpara- such petitions that are denied under subsection purposes of fulfilling disclosure obligations im- graph (A) committed against Indian women. (d)(2) or (r) of section 214 of the Immigration posed by the amendments made by section 832(a) (3) TASK FORCE.— and Nationality Act (8 U.S.C. 1184), as amended or by section 833, including reporting obligations (A) IN GENERAL.—The Attorney General, act- by this Act; of the Comptroller General of the United States ing through the Director of the Office on Vio- (iii) the annual number of waiver applications under section 833(f). lence Against Women, shall establish a task submitted under such a subsection, the number force to assist in the development and implemen- (and percentage) of such applications granted TITLE IX—SAFETY FOR INDIAN WOMEN tation of the study under paragraph (1) and or denied, and the reasons for such decisions; SEC. 901. FINDINGS. guide implementation of the recommendation in (iv) the annual number (and percentage) of Congress finds that— paragraph (2)(C). cases in which the criminal background infor- (1) 1 out of every 3 Indian (including Alaska (B) MEMBERS.—The Director shall appoint to mation collected and provided to the applicant Native) women are raped in their lifetimes; the task force representatives from— as required by subsection (a)(5)(A)(iii) contains (2) Indian women experience 7 sexual assaults (i) national tribal domestic violence and sex- one or more convictions; per 1,000, compared with 4 per 1,000 among ual assault nonprofit organizations; (v) the annual number and percentage of Black Americans, 3 per 1,000 among Caucasians, (ii) tribal governments; and cases described in clause (iv) that were granted 2 per 1,000 among Hispanic women, and 1 per (iii) the national tribal organizations. or were denied waivers under section 214(d)(2) 1,000 among Asian women; (4) REPORT.—Not later than 2 years after the of the Immigration and Nationality Act, as (3) Indian women experience the violent crime date of enactment of this Act, the Attorney Gen- amended by this Act; of battering at a rate of 23.2 per 1,000, compared eral shall submit to the Committee on Indian Af- (vi) the annual number of fiance´(e) and with 8 per 1,000 among Caucasian women; fairs of the Senate, the Committee on the Judici- spousal K nonimmigrant visa petitions or fam- (4) during the period 1979 through 1992, homi- ary of the Senate, and the Committee on the Ju- ily-based immigration petitions filed by peti- cide was the third leading cause of death of In- diciary of the House of Representatives a report tioners or applicants who have previously filed dian females aged 15 to 34, and 75 percent were that describes the study. other fiance´(e) or spousal K nonimmigrant visa killed by family members or acquaintances; (5) AUTHORIZATION OF APPROPRIATIONS.— petitions or family-based immigration petitions; (5) Indian tribes require additional criminal There is authorized to be appropriated to carry (vii) the annual number of fiance´(e) and justice and victim services resources to respond out this section $1,000,000 for each of fiscal spousal K nonimmigrant visa petitions or fam- to violent assaults against women; and years 2007 and 2008, to remain available until ily-based immigration petitions filed by peti- (6) the unique legal relationship of the United expended. tioners or applicants who have concurrently States to Indian tribes creates a Federal trust (b) INJURY STUDY.— filed other fiance´(e) or spousal K nonimmigrant responsibility to assist tribal governments in (1) IN GENERAL.—The Secretary of Health and visa petitioners or family-based immigration pe- safeguarding the lives of Indian women. Human Services, acting through the Indian titions; and SEC. 902. PURPOSES. Health Service and the Centers for Disease Con- (viii) the annual and cumulative number of The purposes of this title are— trol and Prevention, shall conduct a study to petitioners and applicants tracked in the mul- (1) to decrease the incidence of violent crimes obtain a national projection of— tiple filings database established under para- against Indian women; (A) the incidence of injuries and homicides re- graph (4) of section 214(r) of the Immigration (2) to strengthen the capacity of Indian tribes sulting from domestic violence, dating violence, and Nationality Act, as added by this Act; to exercise their sovereign authority to respond sexual assault, or stalking committed against (B) regarding the number of international to violent crimes committed against Indian American Indian and Alaska Native women; marriage brokers doing business in the United women; and and States, the number of marriages resulting from (3) to ensure that perpetrators of violent (B) the cost of providing health care for the the services provided, and the extent of compli- crimes committed against Indian women are injuries described in subparagraph (A). ance with the applicable requirements of this held accountable for their criminal behavior. (2) REPORT.—Not later than 2 years after the section; SEC. 903. CONSULTATION. date of enactment of this Act, the Secretary of (C) that assesses the accuracy and complete- (a) IN GENERAL.—The Attorney General shall Health and Human Services shall submit to the ness of information gathered under section 832 conduct annual consultations with Indian tribal Committee on Indian Affairs of the Senate, the

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Committee on the Judiciary of the Senate, and sault, or stalking to locate and secure perma- (g) AUTHORIZATION OF FUNDS FROM THE the Committee on the Judiciary of the House of nent housing and integrate into a community. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS Representatives a report that describes the find- ‘‘(b) COLLABORATION.—All applicants under PROGRAM.—Section 1201(f) of the Violence ings made in the study and recommends health this section shall demonstrate their proposal Against Women Act of 2000 (42 U.S.C. 3796gg–6) care strategies for reducing the incidence and was developed in consultation with a nonprofit, is amended by adding at the end the following: cost of the injuries described in paragraph (1). nongovernmental Indian victim services pro- ‘‘(4) Not less than 10 percent of the total (3) AUTHORIZATION OF APPROPRIATIONS.— gram, including sexual assault and domestic vi- amount available under this section for each fis- There is authorized to be appropriated to carry olence victim services providers in the tribal or cal year shall be available for grants under the out this section $500,000 for each of fiscal years local community, or a nonprofit tribal domestic program authorized in section 2007 of the Omni- 2007 and 2009, to remain available until ex- violence and sexual assault coalition to the ex- bus Crime Control and Safe Streets Act of 1968. pended. tent that they exist. In the absence of such a The requirements of this paragraph shall not SEC. 905. TRACKING OF VIOLENCE AGAINST IN- demonstration, the applicant may meet the re- apply to funds allocated for such program.’’. DIAN WOMEN. quirement of this subsection through consulta- SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIO- (a) ACCESS TO FEDERAL CRIMINAL INFORMA- tion with women in the community to be served. LENCE AGAINST WOMEN. ‘‘(c) NONEXCLUSIVITY.—The Federal share of TION DATABASES.—Section 534 of title 28, United Part T of title I of the Omnibus Crime Control a grant made under this section may not exceed States Code, is amended— and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 90 percent of the total costs of the project de- (1) by redesignating subsection (d) as sub- seq.), as amended by section 906, is amended by scribed in the application submitted, except that section (e); and adding at the end the following: the Attorney General may grant a waiver of this (2) by inserting after subsection (c) the fol- match requirement on the basis of demonstrated ‘‘SEC. 2008. TRIBAL DEPUTY. lowing: financial hardship. Funds appropriated for the ‘‘(a) ESTABLISHMENT.—There is established in ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.— activities of any agency of an Indian tribal gov- the Office on Violence Against Women a Deputy The Attorney General shall permit Indian law ernment or of the Bureau of Indian Affairs per- Director for Tribal Affairs. enforcement agencies, in cases of domestic vio- forming law enforcement functions on any In- ‘‘(b) DUTIES.— lence, dating violence, sexual assault, and stalk- dian lands may be used to provide the non-Fed- ‘‘(1) IN GENERAL.—The Deputy Director shall ing, to enter information into Federal criminal eral share of the cost of programs or projects under the guidance and authority of the Direc- information databases and to obtain informa- funded under this section.’’. tor of the Office on Violence Against Women— tion from the databases.’’. (b) AUTHORIZATION OF FUNDS FROM GRANTS ‘‘(A) oversee and manage the administration (b) TRIBAL REGISTRY.— TO COMBAT VIOLENT CRIMES AGAINST WOMEN.— of grants to and contracts with Indian tribes, (1) ESTABLISHMENT.—The Attorney General Section 2007(b)(1) of the Omnibus Crime Control tribal courts, tribal organizations, or tribal non- shall contract with any interested Indian tribe, and Safe Streets Act of 1968 (42 U.S.C. 3796gg– profit organizations; tribal organization, or tribal nonprofit organiza- 1(b)(1)) is amended to read as follows: ‘‘(B) ensure that, if a grant under this Act or tion to develop and maintain— ‘‘(1) Ten percent shall be available for grants a contract pursuant to such a grant is made to (A) a national tribal sex offender registry; and under the program authorized in section 2007. an organization to perform services that benefit (B) a tribal protection order registry con- The requirements of this part shall not apply to more than 1 Indian tribe, the approval of each taining civil and criminal orders of protection funds allocated for such program.’’. Indian tribe to be benefitted shall be a pre- issued by Indian tribes and participating juris- (c) AUTHORIZATION OF FUNDS FROM GRANTS requisite to the making of the grant or letting of dictions. TO ENCOURAGE STATE POLICIES AND ENFORCE- the contract; (2) AUTHORIZATION OF APPROPRIATIONS.— MENT OF PROTECTION ORDERS PROGRAM.—Sec- ‘‘(C) coordinate development of Federal pol- There is authorized to be appropriated to carry tion 2101 of the Omnibus Crime Control and icy, protocols, and guidelines on matters relat- out this section $1,000,000 for each of fiscal Safe Streets Act of 1968 (42 U.S.C. 3796hh) is ing to violence against Indian women; years 2007 through 2011, to remain available amended by striking subsection (e) and inserting ‘‘(D) advise the Director of the Office on Vio- until expended. the following: lence Against Women concerning policies, legis- SEC. 906. GRANTS TO INDIAN TRIBAL GOVERN- ‘‘(e) Not less than 10 percent of the total lation, implementation of laws, and other issues MENTS. amount available under this section for each fis- relating to violence against Indian women; (a) IN GENERAL.—Part T of title I of the Om- cal year shall be available for grants under the ‘‘(E) represent the Office on Violence Against nibus Crime Control and Safe Streets Act of 1968 program authorized in section 2007. The require- Women in the annual consultations under sec- (42 U.S.C. 3796gg et seq.) is amended by adding ments of this part shall not apply to funds allo- tion 903; at the end the following: cated for such program.’’. ‘‘(F) provide technical assistance, coordina- (d) AUTHORIZATION OF FUNDS FROM RURAL ‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERN- tion, and support to other offices and bureaus DOMESTIC VIOLENCE AND CHILD ABUSE EN- MENTS. in the Department of Justice to develop policy FORCEMENT ASSISTANCE GRANTS.—Subsection ‘‘(a) GRANTS.—The Attorney General may and to enforce Federal laws relating to violence 40295(c) of the Violence Against Women Act of make grants to Indian tribal governments and against Indian women, including through litiga- 1994 (42 U.S.C. 13971(c)(3)) is amended by strik- tribal organizations to— tion of civil and criminal actions relating to ing paragraph (3) and inserting the following: ‘‘(1) develop and enhance effective govern- ‘‘(3) Not less than 10 percent of the total those laws; mental strategies to curtail violent crimes amount available under this section for each fis- ‘‘(G) maintain a liaison with the judicial against and increase the safety of Indian cal year shall be available for grants under the branches of Federal, State, and tribal govern- women consistent with tribal law and custom; program authorized in section 2007 of the Omni- ments on matters relating to violence against In- ‘‘(2) increase tribal capacity to respond to do- bus Crime Control and Safe Streets Act of 1968. dian women; mestic violence, dating violence, sexual assault, The requirements of this paragraph shall not ‘‘(H) support enforcement of tribal protection and stalking crimes against Indian women; apply to funds allocated for such program.’’. orders and implementation of full faith and ‘‘(3) strengthen tribal justice interventions in- (e) AUTHORIZATION OF FUNDS FROM THE SAFE credit educational projects and comity agree- cluding tribal law enforcement, prosecution, HAVENS FOR CHILDREN PROGRAM.—Section 1301 ments between Indian tribes and States; and courts, probation, correctional facilities; of the Violence Against Women Act of 2000 (42 ‘‘(I) ensure that adequate tribal technical as- ‘‘(4) enhance services to Indian women victim- U.S.C. 10420) is amended by striking subsection sistance is made available to Indian tribes, trib- ized by domestic violence, dating violence, sex- (f) and inserting the following: al courts, tribal organizations, and tribal non- ual assault, and stalking; ‘‘(f) Not less than 10 percent of the total profit organizations for all programs relating to ‘‘(5) work in cooperation with the community amount available under this section for each fis- violence against Indian women. to develop education and prevention strategies cal year shall be available for grants under the ‘‘(c) AUTHORITY.— directed toward issues of domestic violence, dat- program authorized in section 2007 of the Omni- ‘‘(1) IN GENERAL.—The Deputy Director shall ing violence, and stalking programs and to ad- bus Crime Control and Safe Streets Act of 1968. ensure that a portion of the tribal set-aside dress the needs of children exposed to domestic The requirements of this subsection shall not funds from any grant awarded under this Act, violence; apply to funds allocated for such program.’’. the Violence Against Women Act of 1994 (title IV ‘‘(6) provide programs for supervised visitation (f) AUTHORIZATION OF FUNDS FROM THE of Public Law 103–322; 108 Stat. 1902), or the Vi- and safe visitation exchange of children in situ- TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR olence Against Women Act of 2000 (division B of ations involving domestic violence, sexual as- CHILD VICTIMS OF DOMESTIC VIOLENCE, STALK- Public Law 106–386; 114 Stat. 1491) is used to en- sault, or stalking committed by one parent ING, OR SEXUAL ASSAULT PROGRAM.—Section hance the capacity of Indian tribes to address against the other with appropriate security 40299(g) of the Violence Against Women Act of the safety of Indian women. measures, policies, and procedures to protect the 1994 (42 U.S.C. 13975(g)) is amended by adding ‘‘(2) ACCOUNTABILITY.—The Deputy Director safety of victims and their children; and at the end the following: shall ensure that some portion of the tribal set- ‘‘(7) provide transitional housing for victims ‘‘(4) TRIBAL PROGRAM.—Not less than 10 per- aside funds from any grant made under this of domestic violence, dating violence, sexual as- cent of the total amount available under this part is used to hold offenders accountable sault, or stalking, including rental or utilities section for each fiscal year shall be available for through— payments assistance and assistance with related grants under the program authorized in section ‘‘(A) enhancement of the response of Indian expenses such as security deposits and other 2007 of the Omnibus Crime Control and Safe tribes to crimes of domestic violence, dating vio- costs incidental to relocation to transitional Streets Act of 1968. The requirements of this lence, sexual assault, and stalking against In- housing, and support services to enable a victim paragraph shall not apply to funds allocated for dian women, including legal services for victims of domestic violence, dating violence, sexual as- such program.’’. and Indian-specific offender programs;

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.022 H17DEPT1 H12108 CONGRESSIONAL RECORD — HOUSE December 17, 2005 ‘‘(B) development and maintenance of tribal ‘‘(A) The Director of the Federal Bureau of TITLE XI—DEPARTMENT OF JUSTICE domestic violence shelters or programs for bat- Investigation shall promptly expunge from the REAUTHORIZATION tered Indian women, including sexual assault index described in subsection (a) the DNA anal- Subtitle A—AUTHORIZATION OF services, that are based upon the unique cir- ysis of a person included in the index— APPROPRIATIONS cumstances of the Indian women to be served; ‘‘(i) on the basis of conviction for a qualifying SEC. 1101. AUTHORIZATION OF APPROPRIATIONS ‘‘(C) development of tribal educational aware- Federal offense or a qualifying District of Co- FOR FISCAL YEAR 2006. ness programs and materials; lumbia offense (as determined under sections 3 There are authorized to be appropriated for ‘‘(D) support for customary tribal activities to and 4 of the DNA Analysis Backlog Elimination fiscal year 2006, to carry out the activities of the strengthen the intolerance of an Indian tribe to Act of 2000 (42 U.S.C. 14135a, 14135b), respec- Department of Justice (including any bureau, violence against Indian women; and tively), if the Director receives, for each convic- office, board, division, commission, subdivision, ‘‘(E) development, implementation, and main- tion of the person of a qualifying offense, a cer- unit, or other component thereof), the following tenance of tribal electronic databases for tribal tified copy of a final court order establishing sums: protection order registries.’’. that such conviction has been overturned; or (1) GENERAL ADMINISTRATION.—For General SEC. 908. ENHANCED CRIMINAL LAW RESOURCES. ‘‘(ii) on the basis of an arrest under the au- Administration: $161,407,000. (a) FIREARMS POSSESSION PROHIBITIONS.—Sec- thority of the United States, if the Attorney (2) ADMINISTRATIVE REVIEW AND APPEALS.— tion 921(33)(A)(i) of title 18, United States Code, General receives, for each charge against the For Administrative Review and Appeals: is amended to read: ‘‘(i) is a misdemeanor under person on the basis of which the analysis was or $216,286,000 for administration of clemency peti- Federal, State, or Tribal law; and’’. could have been included in the index, a cer- tions and for immigration-related activities. (b) LAW ENFORCEMENT AUTHORITY.—Section tified copy of a final court order establishing (3) OFFICE OF INSPECTOR GENERAL.—For the 4(3) of the Indian Law Enforcement Reform Act that such charge has been dismissed or has re- Office of Inspector General: $72,828,000, which (25 U.S.C. 2803(3) is amended— sulted in an acquittal or that no charge was shall include not to exceed $10,000 to meet un- (1) in subparagraph (A), by striking ‘‘or’’; filed within the applicable time period.’’; foreseen emergencies of a confidential character. (2) in subparagraph (B), by striking the semi- (3) in subsection (d)(2)(A)(ii), by striking ‘‘all (4) GENERAL LEGAL ACTIVITIES.—For General colon and inserting ‘‘, or’’; and charges for’’ and all that follows, and inserting Legal Activities: $679,661,000, which shall in- (3) by adding at the end the following: the following: ‘‘the responsible agency or offi- clude— ‘‘(C) the offense is a misdemeanor crime of do- cial of that State receives, for each charge (A) not less than $4,000,000 for the investiga- mestic violence, dating violence, stalking, or vio- against the person on the basis of which the tion and prosecution of denaturalization and lation of a protection order and has, as an ele- analysis was or could have been included in the deportation cases involving alleged Nazi war ment, the use or attempted use of physical force, index, a certified copy of a final court order es- criminals; or the threatened use of a deadly weapon, com- tablishing that such charge has been dismissed (B) not less than $15,000,000 for the investiga- mitted by a current or former spouse, parent, or or has resulted in an acquittal or that no charge tion and prosecution of violations of title 17 of guardian of the victim, by a person with whom was filed within the applicable time period.’’; the United States Code; the victim shares a child in common, by a person and (C) not to exceed $20,000 to meet unforeseen who is cohabitating with or has cohabited with (4) by striking subsection (e). emergencies of a confidential character; and the victim as a spouse, parent, or guardian, or SEC. 1003. EXPANDED USE OF CODIS GRANTS. (D) $5,000,000 for the investigation and pros- by a person similarly situated to a spouse, par- Section 2(a)(1) of the DNA Analysis Backlog ecution of violations of chapter 77 of title 18 of ent or guardian of the victim, and the employee Elimination Act of 2000 (42 U.S.C. 14135(a)(1)) is the United States Code. has reasonable grounds to believe that the per- amended by striking ‘‘taken from individuals (5) ANTITRUST DIVISION.—For the Antitrust son to be arrested has committed, or is commit- convicted of a qualifying State offense (as deter- Division: $144,451,000. ting the crime;’’. mined under subsection (b)(3))’’ and inserting (6) UNITED STATES ATTORNEYS.—For United ‘‘collected under applicable legal authority’’. States Attorneys: $1,626,146,000. SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER. SEC. 1004. AUTHORIZATION TO CONDUCT DNA (7) FEDERAL BUREAU OF INVESTIGATION.—For Chapter 7 of title 18, United States Code, is SAMPLE COLLECTION FROM PER- the Federal Bureau of Investigation: SONS ARRESTED OR DETAINED amended by adding at the end the following: $5,761,237,000, which shall include not to exceed UNDER FEDERAL AUTHORITY. $70,000 to meet unforeseen emergencies of a con- ‘‘§ 117. Domestic assault by an habitual of- (a) IN GENERAL.—Section 3 of the DNA Anal- fidential character. fender ysis Backlog Elimination Act of 2000 (42 U.S.C. (8) UNITED STATES MARSHALS SERVICE.—For ‘‘(a) IN GENERAL.—Any person who commits a 14135a) is amended— the United States Marshals Service: $800,255,000. domestic assault within the special maritime and (1) in subsection (a)— (9) FEDERAL PRISON SYSTEM.—For the Federal territorial jurisdiction of the United States or (A) in paragraph (1), by striking ‘‘The Direc- Prison System, including the National Institute Indian country and who has a final conviction tor’’ and inserting the following: of Corrections: $5,065,761,000. on at least 2 separate prior occasions in Federal, ‘‘(A) The Attorney General may, as prescribed (10) DRUG ENFORCEMENT ADMINISTRATION.— State, or Indian tribal court proceedings for of- by the Attorney General in regulation, collect For the Drug Enforcement Administration: fenses that would be, if subject to Federal juris- DNA samples from individuals who are arrested $1,716,173,000, which shall include not to exceed diction— or from non-United States persons who are de- $70,000 to meet unforeseen emergencies of a con- ‘‘(1) any assault, sexual abuse, or serious vio- tained under the authority of the United States. fidential character. lent felony against a spouse or intimate partner; The Attorney General may delegate this func- (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS or tion within the Department of Justice as pro- AND EXPLOSIVES.—For the Bureau of Alcohol, ‘‘(2) an offense under chapter 110A, vided in section 510 of title 28, United States Tobacco, Firearms and Explosives: $923,613,000. shall be fined under this title, imprisoned for a Code, and may also authorize and direct any (12) FEES AND EXPENSES OF WITNESSES.—For term of not more than 5 years, or both, except other agency of the United States that arrests or Fees and Expenses of Witnesses: $181,137,000, that if substantial bodily injury results from vio- detains individuals or supervises individuals which shall include not to exceed $8,000,000 for lation under this section, the offender shall be facing charges to carry out any function and construction of protected witness safesites. imprisoned for a term of not more than 10 years. exercise any power of the Attorney General (13) INTERAGENCY CRIME AND DRUG ENFORCE- ‘‘(b) DOMESTIC ASSAULT DEFINED.—In this under this section. MENT.—For Interagency Crime and Drug En- section, the term ‘domestic assault’ means an as- ‘‘(B) The Director’’; and forcement: $661,940,000 for expenses not other- sault committed by a current or former spouse, (B) in paragraphs (3) and (4), by striking ‘‘Di- wise provided for, for the investigation and parent, child, or guardian of the victim, by a rector of the Bureau of Prisons’’ each place it prosecution of persons involved in organized person with whom the victim shares a child in appears and inserting ‘‘Attorney General, the crime drug trafficking, except that any funds common, by a person who is cohabitating with Director of the Bureau of Prisons,’’; and obligated from appropriations authorized by this or has cohabitated with the victim as a spouse, (2) in subsection (b), by striking ‘‘Director of paragraph may be used under authorities avail- parent, child, or guardian, or by a person simi- the Bureau of Prisons’’ and inserting ‘‘Attorney able to the organizations reimbursed from such larly situated to a spouse, parent, child, or General, the Director of the Bureau of Pris- funds. guardian of the victim.’’. ons,’’. (14) FOREIGN CLAIMS SETTLEMENT COMMIS- (b) CONFORMING AMENDMENTS.—Subsections SION.—For the Foreign Claims Settlement Com- TITLE X—DNA FINGERPRINTING (b) and (c)(1)(A) of section 3142 of title 18, mission: $1,270,000. SEC. 1001. SHORT TITLE. United States Code, are each amended by insert- (15) COMMUNITY RELATIONS SERVICE.—For the This title may be cited as the ‘‘DNA Finger- ing ‘‘and subject to the condition that the per- Community Relations Service: $9,759,000. print Act of 2005’’. son cooperate in the collection of a DNA sample (16) ASSETS FORFEITURE FUND.—For the Assets SEC. 1002. USE OF OPT-OUT PROCEDURE TO RE- from the person if the collection of such a sam- Forfeiture Fund: $21,468,000 for expenses au- MOVE SAMPLES FROM NATIONAL ple is authorized pursuant to section 3 of the thorized by section 524 of title 28, United States DNA INDEX. DNA Analysis Backlog Elimination Act of 2000 Code. Section 210304 of the DNA Identification Act (42 U.S.C. 14135a)’’ after ‘‘period of release’’. (17) UNITED STATES PAROLE COMMISSION.—For of 1994 (42 U.S.C. 14132) is amended— SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS the United States Parole Commission: (1) in subsection (a)(1)(C), by striking ‘‘DNA FOR SEXUAL-ABUSE OFFENSES. $11,300,000. profiles’’ and all that follows through ‘‘, and’’; Section 3297 of title 18, United States Code, is (18) FEDERAL DETENTION TRUSTEE.—For the (2) in subsection (d)(1), by striking subpara- amended by striking ‘‘except for a felony offense necessary expenses of the Federal Detention graph (A), and inserting the following: under chapter 109A,’’. Trustee: $1,222,000,000.

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(19) JUSTICE INFORMATION SHARING TECH- (14) FOREIGN CLAIMS SETTLEMENT COMMIS- (12) FEES AND EXPENSES OF WITNESSES.—For NOLOGY.—For necessary expenses for informa- SION.—For the Foreign Claims Settlement Com- Fees and Expenses of Witnesses: $195,918,000, tion sharing technology, including planning, mission: $1,321,000. which shall include not to exceed $8,000,000 for development, and deployment: $181,490,000. (15) COMMUNITY RELATIONS SERVICE.—For the construction of protected witness safesites. (20) NARROW BAND COMMUNICATIONS.—For the Community Relations Service: $10,149,000. (13) INTERAGENCY CRIME AND DRUG ENFORCE- costs of conversion to narrowband communica- (16) ASSETS FORFEITURE FUND.—For the Assets MENT.—For Interagency Crime and Drug En- tions, including the cost for operation and Forfeiture Fund: $22,000,000 for expenses au- forcement: $715,955,000, for expenses not other- maintenance of Land Mobile Radio legacy sys- thorized by section 524 of title 28, United States wise provided for, for the investigation and tems: $128,701,000. Code. prosecution of persons involved in organized (21) ADMINISTRATIVE EXPENSES FOR CERTAIN (17) UNITED STATES PAROLE COMMISSION.—For crime drug trafficking, except that any funds ACTIVITIES.—For the administrative expenses of the United States Parole Commission: obligated from appropriations authorized by this the Office of Justice Programs, the Office on Vi- $11,752,000. paragraph may be used under authorities avail- olence Against Women, and Office of Commu- (18) FEDERAL DETENTION TRUSTEE.—For the able to the organizations reimbursed from such necessary expenses of the Federal Detention nity Oriented Policing Services: funds. (A) $121,105,000 for the Office of Justice Pro- Trustee: $1,405,300,000. (14) FOREIGN CLAIMS SETTLEMENT COMMIS- (19) JUSTICE INFORMATION SHARING TECH- grams. SION.—For the Foreign Claims Settlement Com- NOLOGY.—For necessary expenses for informa- (B) $14,172,000 for the Office on Violence mission: $1,374,000. tion sharing technology, including planning, Against Women. (15) COMMUNITY RELATIONS SERVICE.—For the (C) $31,343,000 for the Office of Community development, and deployment: $188,750,000. Community Relations Service: $10,555,000. (20) NARROWBAND COMMUNICATIONS.—For the Oriented Policing Services. (16) ASSETS FORFEITURE FUND.—For the Assets costs of conversion to narrowband communica- SEC. 1102. AUTHORIZATION OF APPROPRIATIONS Forfeiture Fund: $22,000,000 for expenses au- tions, including the cost for operation and FOR FISCAL YEAR 2007. thorized by section 524 of title 28, United States maintenance of Land Mobile Radio legacy sys- There are authorized to be appropriated for Code. tems: $133,849,000. fiscal year 2007, to carry out the activities of the (17) UNITED STATES PAROLE COMMISSION.—For (21) ADMINISTRATIVE EXPENSES FOR CERTAIN Department of Justice (including any bureau, the United States Parole Commission: ACTIVITIES.—For the administrative expenses of office, board, division, commission, subdivision, $12,222,000. the Office of Justice Programs, the Office on Vi- unit, or other component thereof), the following (18) FEDERAL DETENTION TRUSTEE.—For the sums: olence Against Women, and the Office of Com- necessary expenses of the Federal Detention (1) GENERAL ADMINISTRATION.—For General munity Oriented Policing Services: Trustee: $1,616,095,000. (A) $125,949,000 for the Office of Justice Pro- Administration: $167,863,000. (19) JUSTICE INFORMATION SHARING TECH- grams. (2) ADMINISTRATIVE REVIEW AND APPEALS.— NOLOGY.—For necessary expenses for informa- (B) $15,600,000 for the Office on Violence For Administrative Review and Appeals: tion sharing technology, including planning, Against Women. $224,937,000 for administration of clemency peti- (C) $32,597,000 for the Office of Community development, and deployment: $196,300,000. tions and for immigration-related activities. Oriented Policing Services. (20) NARROWBAND COMMUNICATIONS.—For the (3) OFFICE OF INSPECTOR GENERAL.—For the costs of conversion to narrowband communica- Office of Inspector General: $75,741,000, which SEC. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008. tions, including the cost for operation and shall include not to exceed $10,000 to meet un- There are authorized to be appropriated for maintenance of Land Mobile Radio legacy sys- foreseen emergencies of a confidential character. fiscal year 2008, to carry out the activities of the tems: $139,203,000. (4) GENERAL LEGAL ACTIVITIES.—For General Department of Justice (including any bureau, (21) ADMINISTRATIVE EXPENSES FOR CERTAIN Legal Activities: $706,847,000, which shall in- office, board, division, commission, subdivision, ACTIVITIES.—For the administrative expenses of clude— unit, or other component thereof), the following the Office of Justice Programs, the Office on Vi- (A) not less than $4,000,000 for the investiga- olence Against Women, and the Office of Com- tion and prosecution of denaturalization and sums: (1) GENERAL ADMINISTRATION.—For General munity Oriented Policing Services: deportation cases involving alleged Nazi war Administration: $174,578,000. (A) $130,987,000 for the Office of Justice Pro- criminals; (2) ADMINISTRATIVE REVIEW AND APPEALS.— grams. (B) not less than $15,600,000 for the investiga- For Administrative Review and Appeals: (B) $16,224,000 for the Office on Violence tion and prosecution of violations of title 17 of $233,934,000 for administration of clemency peti- Against Women. the United States Code; (C) $33,901,000 for the Office of Community tions and for immigration-related activities. (C) not to exceed $20,000 to meet unforeseen (3) OFFICE OF INSPECTOR GENERAL.—For the Oriented Policing Services. emergencies of a confidential character; and Office of Inspector General: $78,771,000, which SEC. 1104. AUTHORIZATION OF APPROPRIATIONS (D) $5,000,000 for the investigation and pros- shall include not to exceed $10,000 to meet un- FOR FISCAL YEAR 2009. ecution of violations of chapter 77 of title 18 of foreseen emergencies of a confidential character. There are authorized to be appropriated for the United States Code. (4) GENERAL LEGAL ACTIVITIES.—For General fiscal year 2009, to carry out the activities of the (5) ANTITRUST DIVISION.—For the Antitrust Legal Activities: $735,121,000, which shall in- Department of Justice (including any bureau, Division: $150,229,000. clude— office, board, division, commission, subdivision, (6) UNITED STATES ATTORNEYS.—For United (A) not less than $4,000,000 for the investiga- unit, or other component thereof), the following States Attorneys: $1,691,192,000. tion and prosecution of denaturalization and sums: (7) FEDERAL BUREAU OF INVESTIGATION.—For deportation cases involving alleged Nazi war (1) GENERAL ADMINISTRATION.—For General the Federal Bureau of Investigation: criminals; Administration: $181,561,000. $5,991,686,000, which shall include not to exceed (B) not less than $16,224,000 for the investiga- (2) ADMINISTRATIVE REVIEW AND APPEALS.— $70,000 to meet unforeseen emergencies of a con- tion and prosecution of violations of title 17 of For Administrative Review and Appeals: fidential character. the United States Code; $243,291,000 for administration of pardon and (8) UNITED STATES MARSHALS SERVICE.—For (C) not to exceed $20,000 to meet unforeseen clemency petitions and for immigration-related the United States Marshals Service: $832,265,000. emergencies of a confidential character; and activities. (9) FEDERAL PRISON SYSTEM.—For the Federal (D) $5,000,000 for the investigation and pros- (3) OFFICE OF INSPECTOR GENERAL.—For the Prison System, including the National Institute ecution of violations of chapter 77 of title 18 of Office of Inspector General: $81,922,000, which of Corrections: $5,268,391,000. the United States Code. shall include not to exceed $10,000 to meet un- RUG ENFORCEMENT ADMINISTRATION (10) D .— (5) ANTITRUST DIVISION.—For the Antitrust foreseen emergencies of a confidential character. For the Drug Enforcement Administration: Division: $156,238,000. (4) GENERAL LEGAL ACTIVITIES.—For General $1,784,820,000, which shall include not to exceed (6) UNITED STATES ATTORNEYS.—For United Legal Activities: $764,526,000, which shall in- $70,000 to meet unforeseen emergencies of a con- States Attorneys: $1,758,840,000. clude— fidential character. (7) FEDERAL BUREAU OF INVESTIGATION.—For (A) not less than $4,000,000 for the investiga- (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS the Federal Bureau of Investigation: tion and prosecution of denaturalization and AND EXPLOSIVES.—For the Bureau of Alcohol, $6,231,354,000, which shall include not to exceed deportation cases involving alleged Nazi war Tobacco, Firearms and Explosives: $960,558,000. $70,000 to meet unforeseen emergencies of a con- criminals; (12) FEES AND EXPENSES OF WITNESSES.—For fidential character. (B) not less than $16,872,000 for the investiga- Fees and Expenses of Witnesses: $188,382,000, (8) UNITED STATES MARSHALS SERVICE.—For tion and prosecution of violations of title 17 of which shall include not to exceed $8,000,000 for the United States Marshals Service: $865,556,000. the United States Code; construction of protected witness safesites. (9) FEDERAL PRISON SYSTEM.—For the Federal (C) not to exceed $20,000 to meet unforeseen (13) INTERAGENCY CRIME AND DRUG ENFORCE- Prison System, including the National Institute emergencies of a confidential character; and MENT.—For Interagency Crime and Drug En- of Corrections: $5,479,127,000. (D) $5,000,000 for the investigation and pros- forcement: $688,418,000, for expenses not other- (10) DRUG ENFORCEMENT ADMINISTRATION.— ecution of violations of chapter 77 of title 18 of wise provided for, for the investigation and For the Drug Enforcement Administration: the United States Code. prosecution of persons involved in organized $1,856,213,000, which shall include not to exceed (5) ANTITRUST DIVISION.—For the Antitrust crime drug trafficking, except that any funds $70,000 to meet unforeseen emergencies of a con- Division: $162,488,000. obligated from appropriations authorized by this fidential character. (6) UNITED STATES ATTORNEYS.—For United paragraph may be used under authorities avail- (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS States Attorneys: $1,829,194,000. able to the organizations reimbursed from such AND EXPLOSIVES.—For the Bureau of Alcohol, (7) FEDERAL BUREAU OF INVESTIGATION.—For funds. Tobacco, Firearms and Explosives: $998,980,000. the Federal Bureau of Investigation:

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.023 H17DEPT1 H12110 CONGRESSIONAL RECORD — HOUSE December 17, 2005 $6,480,608,000, which shall include not to exceed (3) The Attorney General through the Bureau (9) Federal, State, and local prosecutors; $70,000 to meet unforeseen emergencies of a con- of Justice Assistance in the Office of Justice may (10) Federal, State, and local probation and fidential character. make grants to help provide for the administra- parole offices; (8) UNITED STATES MARSHALS SERVICE.—For tive and technological costs to State and local (11) Federal, State, and local prisons and the United States Marshals Service: $900,178,000. law enforcement agencies participating in the jails; and (9) FEDERAL PRISON SYSTEM.—For the Federal data base project. (12) any other entity as appropriate. Prison System, including the National Institute (b) AUTHORIZATION OF APPROPRIATIONS.— (b) INFORMATION.—The Center established of Corrections: $5,698,292,000. There is authorized to be appropriated for each under subsection (a) shall make available the (10) DRUG ENFORCEMENT ADMINISTRATION.— of fiscal years 2006 through 2009, $5,000,000 for information referred to in subsection (a) to— For the Drug Enforcement Administration: educating and training federal law enforcement (1) Federal, State, and local law enforcement $1,930,462,000, which shall include not to exceed regarding organized retail theft, for inves- agencies; $70,000 to meet unforeseen emergencies of a con- tigating, apprehending and prosecuting individ- (2) Federal, State, and local corrections agen- fidential character. uals engaged in organized retail theft, and for cies and penal institutions; (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS working with the private sector to establish and (3) Federal, State, and local prosecutorial AND EXPLOSIVES.—For the Bureau of Alcohol, utilize the database described in subsection (a). agencies; and (4) any other entity as appropriate. Tobacco, Firearms and Explosives: (c) DEFINITION OF ORGANIZED RETAIL (c) ANNUAL REPORT.—The Center established $1,038,939,000. THEFT.—For purposes of this section, ‘‘orga- under subsection (a) shall annually submit to (12) FEES AND EXPENSES OF WITNESSES.—For nized retail theft’’ means— Congress a report on gang activity. Fees and Expenses of Witnesses: $203,755,000, (1) the violation of a State prohibition on re- (d) AUTHORIZATION OF APPROPRIATIONS.— which shall include not to exceed $8,000,000 for tail merchandise theft or shoplifting, if the vio- There are authorized to be appropriated to carry construction of protected witness safesites. lation consists of the theft of quantities of items out this section $10,000,000 for fiscal year 2006 (13) INTERAGENCY CRIME AND DRUG ENFORCE- that would not normally be purchased for per- and for each fiscal year thereafter. MENT.—For Interagency Crime and Drug En- sonal use or consumption and for the purpose of forcement: $744,593,000, for expenses not other- reselling the items or for reentering the items Subtitle B—IMPROVING THE DEPARTMENT wise provided for, for the investigation and into commerce; OF JUSTICE’S GRANT PROGRAMS prosecution of persons involved in organized (2) the receipt, possession, concealment, bar- CHAPTER 1—ASSISTING LAW ENFORCE- crime drug trafficking, except that any funds tering, sale, transport, or disposal of any prop- MENT AND CRIMINAL JUSTICE AGEN- obligated from appropriations authorized by this erty that is know or should be known to have CIES paragraph may be used under authorities avail- been taken in violation of paragraph (1); or SEC. 1111. MERGER OF BYRNE GRANT PROGRAM able to the organizations reimbursed from such (3) the coordination, organization, or recruit- AND LOCAL LAW ENFORCEMENT funds. ment of persons to undertake the conduct de- BLOCK GRANT PROGRAM. (14) FOREIGN CLAIMS SETTLEMENT COMMIS- scribed in paragraph (1) or (2). (a) IN GENERAL.—Part E of title I of the Om- SION.—For the Foreign Claims Settlement Com- SEC. 1106. UNITED STATES-MEXICO BORDER VIO- nibus Crime Control and Safe Streets Act of 1968 mission: $1,429,000. LENCE TASK FORCE. is amended as follows: (15) COMMUNITY RELATIONS SERVICE.—For the (a) TASK FORCE.—(1) The Attorney General (1) Subpart 1 of such part (42 U.S.C. 3751– Community Relations Service: $10,977,000. shall establish the United States-Mexico Border 3759) is repealed. (16) ASSETS FORFEITURE FUND.—For the Assets (2) Such part is further amended— Forfeiture Fund: $22,000,000 for expenses au- Violence Task Force in Laredo, Texas, to com- bat drug and firearms trafficking, violence, and (A) by inserting before section 500 (42 U.S.C. thorized by section 524 of title 28, United States 3750) the following new heading: Code. kidnapping along the border between the United ‘‘Subpart 1—Edward Byrne Memorial Justice (17) UNITED STATES PAROLE COMMISSION.—For States and Mexico and to provide expertise to Assistance Grant Program’’; the United States Parole Commission: the law enforcement and homeland security $12,711,000. agencies along the border between the United (B) by amending section 500 to read as fol- (18) FEDERAL DETENTION TRUSTEE.—For the States and Mexico. The Task Force shall in- lows: necessary expenses of the Federal Detention clude personnel from the Bureau of Alcohol, To- ‘‘SEC. 500. NAME OF PROGRAM. Trustee: $1,858,509,000. bacco, Firearms, and Explosives, Immigration ‘‘(a) IN GENERAL.—The grant program estab- (19) JUSTICE INFORMATION SHARING TECH- and Customs Enforcement, the Drug Enforce- lished under this subpart shall be known as the NOLOGY.—For necessary expenses for informa- ment Administration, Customs and Border Pro- ‘Edward Byrne Memorial Justice Assistance tion sharing technology, including planning, tection, other Federal agencies (as appropriate), Grant Program’. development, and deployment: $204,152,000. the Texas Department of Public Safety, and ‘‘(b) REFERENCES TO FORMER PROGRAMS.—(1) (20) NARROWBAND COMMUNICATIONS.—For the local law enforcement agencies. Any reference in a law, regulation, document, costs of conversion to narrowband communica- (2) The Attorney General shall make available paper, or other record of the United States to tions, including the cost for operation and funds to provide for the ongoing administrative the Edward Byrne Memorial State and Local maintenance of Land Mobile Radio legacy sys- and technological costs to Federal, State, and Law Enforcement Assistance Programs, or to the tems: $144,771,000. local law enforcement agencies participating in Local Government Law Enforcement Block (21) ADMINISTRATIVE EXPENSES FOR CERTAIN the Task Force. Grants program, shall be deemed to be a ref- ACTIVITIES.—For the administrative expenses of (b) AUTHORIZATION OF APPROPRIATIONS.— erence to the grant program referred to in sub- the Office of Justice Programs, the Office on Vi- There are authorized to be appropriated section (a). olence Against Women, and the Office of Com- $10,000,000 for each of the fiscal years 2006 ‘‘(2) Any reference in a law, regulation, docu- munity Oriented Policing Services: through 2009, for— ment, paper, or other record of the United States (A) $132,226,000 for the Office of Justice Pro- (1) the establishment and operation of the to section 506 of this Act as such section was in grams. United States-Mexico Border Violence Task effect on the date of the enactment of the De- (B) $16,837,000 for the Office on Violence Force; and partment of Justice Appropriations Authoriza- Against Women. (2) the investigation, apprehension, and pros- tion Act, Fiscal Years 2006 through 2009, shall (C) $35,257,000 for the Office of Community ecution of individuals engaged in drug and fire- be deemed to be a reference to section 505(a) of Oriented Policing Services. arms trafficking, violence, and kidnapping this Act as amended by the Department of Jus- SEC. 1105. ORGANIZED RETAIL THEFT. along the border between the United States and tice Appropriations Authorization Act, Fiscal (a) NATIONAL DATA.—(1) The Attorney Gen- Mexico. Years 2006 through 2009.’’; and eral and the Federal Bureau of Investigation, in SEC. 1107. NATIONAL GANG INTELLIGENCE CEN- (C) by inserting after section 500 the following consultation with the retail community, shall TER. new sections: establish a task force to combat organized retail (a) ESTABLISHMENT.—The Attorney General ‘‘SEC. 501. DESCRIPTION. theft and provide expertise to the retail commu- shall establish a National Gang Intelligence ‘‘(a) GRANTS AUTHORIZED.— nity for the establishment of a national data- Center and gang information database to be ‘‘(1) IN GENERAL.—From amounts made avail- base or clearinghouse housed and maintained in housed at and administered by the Federal Bu- able to carry out this subpart, the Attorney the private sector to track and identify where reau of Investigation to collect, analyze, and General may, in accordance with the formula organized retail theft type crimes are being com- disseminate gang activity information from— established under section 505, make grants to mitted in the United Sates. The national data- (1) the Federal Bureau of Investigation; States and units of local government, for use by base shall allow Federal, State, and local law (2) the Bureau of Alcohol, Tobacco, Firearms, the State or unit of local government to provide enforcement officials as well as authorized retail and Explosives; additional personnel, equipment, supplies, con- companies (and authorized associated retail (3) the Drug Enforcement Administration; tractual support, training, technical assistance, databases) to transmit information into the (4) the Bureau of Prisons; and information systems for criminal justice, in- database electronically and to review informa- (5) the United States Marshals Service; cluding for any one or more of the following tion that has been submitted electronically. (6) the Directorate of Border and Transpor- programs: (2) The Attorney General shall make available tation Security of the Department of Homeland ‘‘(A) Law enforcement programs. funds to provide for the ongoing administrative Security; ‘‘(B) Prosecution and court programs. and technological costs to federal law enforce- (7) the Department of Housing and Urban De- ‘‘(C) Prevention and education programs. ment agencies participating in the database velopment; ‘‘(D) Corrections and community corrections project. (8) State and local law enforcement; programs.

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‘‘(E) Drug treatment and enforcement pro- ‘‘(2) An assurance that, not fewer than 30 ‘‘(b) ALLOCATION BETWEEN STATES AND UNITS grams. days before the application (or any amendment OF LOCAL GOVERNMENT.—Of the amounts allo- ‘‘(F) Planning, evaluation, and technology to the application) was submitted to the Attor- cated under subsection (a)— improvement programs. ney General, the application (or amendment) ‘‘(1) 60 percent shall be for direct grants to ‘‘(G) Crime victim and witness programs was submitted for review to the governing body States, to be allocated under subsection (c); and (other than compensation). of the State or unit of local government (or to ‘‘(2) 40 percent shall be for grants to be allo- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) an organization designated by that governing cated under subsection (d). shall be construed to ensure that a grant under body). ‘‘(c) ALLOCATION FOR STATE GOVERNMENTS.— that paragraph may be used for any purpose for ‘‘(3) An assurance that, before the application ‘‘(1) IN GENERAL.—Of the amounts allocated which a grant was authorized to be used under (or any amendment to the application) was sub- under subsection (b)(1), each State may retain either or both of the programs specified in sec- mitted to the Attorney General— for the purposes described in section 501 an tion 500(b), as those programs were in effect im- ‘‘(A) the application (or amendment) was amount that bears the same ratio of— mediately before the enactment of this para- made public; and ‘‘(A) total expenditures on criminal justice by graph. ‘‘(B) an opportunity to comment on the appli- the State government in the most recently com- ‘‘(b) CONTRACTS AND SUBAWARDS.—A State or cation (or amendment) was provided to citizens pleted fiscal year to— unit of local government may, in using a grant and to neighborhood or community-based orga- ‘‘(B) the total expenditure on criminal justice under this subpart for purposes authorized by nizations, to the extent applicable law or estab- by the State government and units of local gov- subsection (a), use all or a portion of that grant lished procedure makes such an opportunity ernment within the State in such year. to contract with or make one or more subawards available. ‘‘(2) REMAINING AMOUNTS.—Except as pro- to one or more— ‘‘(4) An assurance that, for each fiscal year vided in subsection (e)(1), any amounts remain- ‘‘(1) neighborhood or community-based orga- covered by an application, the applicant shall ing after the allocation required by paragraph nizations that are private and nonprofit; maintain and report such data, records, and in- (1) shall be made available to units of local gov- ‘‘(2) units of local government; or formation (programmatic and financial) as the ernment by the State for the purposes described ‘‘(3) tribal governments. Attorney General may reasonably require. in section 501. ‘‘(c) PROGRAM ASSESSMENT COMPONENT; ‘‘(5) A certification, made in a form acceptable ‘‘(d) ALLOCATIONS TO LOCAL GOVERNMENTS.— N GENERAL WAIVER.— to the Attorney General and executed by the ‘‘(1) I .—Of the amounts allocated ‘‘(1) Each program funded under this subpart chief executive officer of the applicant (or by under subsection (b)(2), grants for the purposes shall contain a program assessment component, another officer of the applicant, if qualified described in section 501 shall be made directly to developed pursuant to guidelines established by under regulations promulgated by the Attorney units of local government within each State in the Attorney General, in coordination with the General), that— accordance with this subsection, subject to sub- National Institute of Justice. ‘‘(A) the programs to be funded by the grant section (e). ‘‘(2) The Attorney General may waive the re- meet all the requirements of this subpart; ‘‘(2) ALLOCATION.— ‘‘(A) IN GENERAL.—From the amounts referred quirement of paragraph (1) with respect to a ‘‘(B) all the information contained in the ap- to in paragraph (1) with respect to a State (in program if, in the opinion of the Attorney Gen- plication is correct; ‘‘(C) there has been appropriate coordination this subsection referred to as the ‘local eral, the program is not of sufficient size to jus- with affected agencies; and amount’), the Attorney General shall allocate to tify a full program assessment. ‘‘(D) the applicant will comply with all provi- each unit of local government an amount which ‘‘(d) PROHIBITED USES.—Notwithstanding any sions of this subpart and all other applicable bears the same ratio to such share as the aver- other provision of this Act, no funds provided Federal laws. age annual number of part 1 violent crimes re- under this subpart may be used, directly or indi- ‘‘SEC. 503. REVIEW OF APPLICATIONS. ported by such unit to the Federal Bureau of rectly, to provide any of the following matters: ‘‘The Attorney General shall not finally dis- Investigation for the 3 most recent calendar ‘‘(1) Any security enhancements or any equip- approve any application (or any amendment to years for which such data is available bears to ment to any nongovernmental entity that is not that application) submitted under this subpart the number of part 1 violent crimes reported by engaged in criminal justice or public safety. without first affording the applicant reasonable all units of local government in the State in ‘‘(2) Unless the Attorney General certifies that notice of any deficiencies in the application and which the unit is located to the Federal Bureau extraordinary and exigent circumstances exist opportunity for correction and reconsideration. of Investigation for such years. that make the use of such funds to provide such ‘‘(B) TRANSITIONAL RULE.—Notwithstanding matters essential to the maintenance of public ‘‘SEC. 504. RULES. subparagraph (A), for fiscal years 2006, 2007, safety and good order— ‘‘The Attorney General shall issue rules to and 2008, the Attorney General shall allocate ‘‘(A) vehicles (excluding police cruisers), ves- carry out this subpart. The first such rules shall the local amount to units of local government in sels (excluding police boats), or aircraft (exclud- be issued not later than one year after the date the same manner that, under the Local Govern- ing police helicopters); on which amounts are first made available to ment Law Enforcement Block Grants program in ‘‘(B) luxury items; carry out this subpart. effect immediately before the date of the enact- ‘‘(C) real estate; ‘‘SEC. 505. FORMULA. ment of this section, the reserved amount was ‘‘(D) construction projects (other than penal ‘‘(a) ALLOCATION AMONG STATES.— allocated among reporting and nonreporting or correctional institutions); or ‘‘(1) IN GENERAL.—Of the total amount appro- units of local government. ‘‘(E) any similar matters. priated for this subpart, the Attorney General ‘‘(3) ANNEXED UNITS.—If a unit of local gov- ‘‘(e) ADMINISTRATIVE COSTS.—Not more than shall, except as provided in paragraph (2), allo- ernment in the State has been annexed since the 10 percent of a grant made under this subpart cate— date of the collection of the data used by the At- may be used for costs incurred to administer ‘‘(A) 50 percent of such remaining amount to torney General in making allocations pursuant such grant. each State in amounts that bear the same ratio to this section, the Attorney General shall pay ‘‘(f) PERIOD.—The period of a grant made of— the amount that would have been allocated to under this subpart shall be four years, except ‘‘(i) the total population of a State to— such unit of local government to the unit of that renewals and extensions beyond that pe- ‘‘(ii) the total population of the United States; local government that annexed it. riod may be granted at the discretion of the At- and ‘‘(B) 50 percent of such remaining amount to ‘‘(4) RESOLUTION OF DISPARATE ALLOCA- torney General. each State in amounts that bear the same ratio TIONS.—(A) Notwithstanding any other provi- ‘‘(g) RULE OF CONSTRUCTION.—Subparagraph of— sion of this subpart, if— (d)(1) shall not be construed to prohibit the use, ‘‘(i) the average annual number of part 1 vio- ‘‘(i) the Attorney General certifies that a unit directly or indirectly, of funds provided under lent crimes of the Uniform Crime Reports of the of local government bears more than 50 percent this subpart to provide security at a public Federal Bureau of Investigation reported by of the costs of prosecution or incarceration that event, such as a political convention or major such State for the three most recent years re- arise with respect to part 1 violent crimes re- sports event, so long as such security is provided ported by such State to— ported by a specified geographically constituent under applicable laws and procedures. ‘‘(ii) the average annual number of such unit of local government; and ‘‘SEC. 502. APPLICATIONS. crimes reported by all States for such years. ‘‘(ii) but for this paragraph, the amount of ‘‘To request a grant under this subpart, the ‘‘(2) MINIMUM ALLOCATION.—If carrying out funds allocated under this section to— chief executive officer of a State or unit of local paragraph (1) would result in any State receiv- ‘‘(I) any one such specified geographically government shall submit an application to the ing an allocation less than 0.25 percent of the constituent unit of local government exceeds 150 Attorney General within 90 days after the date total amount (in this paragraph referred to as a percent of the amount allocated to the unit of on which funds to carry out this subpart are ap- ‘minimum allocation State’), then paragraph local government certified pursuant to clause propriated for a fiscal year, in such form as the (1), as so carried out, shall not apply, and the (i); or Attorney General may require. Such application Attorney General shall instead— ‘‘(II) more than one such specified geographi- shall include the following: ‘‘(A) allocate 0.25 percent of the total amount cally constituent unit of local government ex- ‘‘(1) A certification that Federal funds made to each State; and ceeds 400 percent of the amount allocated to the available under this subpart will not be used to ‘‘(B) using the amount remaining after car- unit of local government certified pursuant to supplant State or local funds, but will be used rying out subparagraph (A), carry out para- clause (i), to increase the amounts of such funds that graph (1) in a manner that excludes each min- then in order to qualify for payment under this would, in the absence of Federal funds, be made imum allocation State, including the population subsection, the unit of local government cer- available for law enforcement activities. of and the crimes reported by such State. tified pursuant to clause (i), together with any

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.024 H17DEPT1 H12112 CONGRESSIONAL RECORD — HOUSE December 17, 2005 such specified geographically constituent units ment to identify, select, develop, modernize, and (i) in subsection (a)(1), by striking ‘‘the pro- of local government described in clause (ii), purchase new technologies for use by law en- gram evaluations as required by section 501(c) of shall submit to the Attorney General a joint ap- forcement, of which $1,000,000 shall be for use this part’’ and inserting ‘‘program evaluations’’; plication for the aggregate of funds allocated to by the Bureau of Justice Statistics to collect (ii) in subsection (a)(2), by striking ‘‘evalua- such units of local government. Such applica- data necessary for carrying out this subpart; tions of programs funded under section 506 (for- tion shall specify the amount of such funds that and mula grants) and sections 511 and 515 (discre- are to be distributed to each of the units of local ‘‘(2) $20,000,000, to be granted by the Attorney tionary grants) of this part’’ and inserting government and the purposes for which such General to States and units of local government ‘‘evaluations of programs funded under section funds are to be used. The units of local govern- to develop and implement antiterrorism training 505 (formula grants) and section 515 (discre- ment involved may establish a joint local advi- programs. tionary grants) of this part’’; and sory board for the purposes of carrying out this ‘‘(b) Of the total amount made available to (iii) in subsection (b)(2), by striking ‘‘programs paragraph. carry out this subpart for a fiscal year, the At- funded under section 506 (formula grants) and ‘‘(B) In this paragraph, the term ‘geographi- torney General may reserve not more than 5 per- section 511 (discretionary grants)’’ and inserting cally constituent unit of local government’ cent, to be granted to 1 or more States or units ‘‘programs funded under section 505 (formula means a unit of local government that has juris- of local government, for 1 or more of the pur- grants)’’; diction over areas located within the boundaries poses specified in section 501, pursuant to his (C) in section 522 (42 U.S.C. 3766b)— of an area over which a unit of local govern- determination that the same is necessary— (i) in subsection (a), in the matter preceding ment certified pursuant to clause (i) has juris- ‘‘(1) to combat, address, or otherwise respond paragraph (1), by striking ‘‘section 506’’ and in- diction. to precipitous or extraordinary increases in serting ‘‘section 505’’; and ‘‘(e) LIMITATION ON ALLOCATIONS TO UNITS OF crime, or in a type or types of crime; or (ii) in subsection (a)(1), by striking ‘‘an as- LOCAL GOVERNMENT.— ‘‘(2) to prevent, compensate for, or mitigate sessment of the impact of such activities on ‘‘(1) MAXIMUM ALLOCATION.—No unit of local significant programmatic harm resulting from meeting the needs identified in the State strat- government shall receive a total allocation operation of the formula established under sec- egy submitted under section 503’’ and inserting under this section that exceeds such unit’s total tion 505. ‘‘an assessment of the impact of such activities on meeting the purposes of subpart 1’’; expenditures on criminal justice services for the ‘‘SEC. 507. INTEREST-BEARING TRUST FUNDS. most recently completed fiscal year for which (D) in section 801(b) (42 U.S.C. 3782(b)), in the ‘‘(a) TRUST FUND REQUIRED.—A State or unit matter following paragraph (5)— data are available. Any amount in excess of of local government shall establish a trust fund such total expenditures shall be allocated pro- (i) by striking ‘‘the purposes of section 501 of in which to deposit amounts received under this this title’’ and inserting ‘‘the purposes of such portionally among units of local government subpart. whose allocations under this section do not ex- subpart 1’’; and ‘‘(b) EXPENDITURES.— ceed their total expenditures on such services. (ii) by striking ‘‘the application submitted ‘‘(1) IN GENERAL.—Each amount received ‘‘(2) ALLOCATIONS UNDER $10,000.—If the allo- pursuant to section 503 of this title.’’ and insert- under this subpart (including interest on such cation under this section to a unit of local gov- ing ‘‘the application submitted pursuant to sec- amount) shall be expended before the date on ernment is less than $10,000 for any fiscal year, tion 502 of this title. Such report shall include which the grant period expires. the direct grant to the State under subsection (c) details identifying each applicant that used any ‘‘(2) REPAYMENT.—A State or unit of local shall be increased by the amount of such alloca- funds to purchase any cruiser, boat, or heli- government that fails to expend an entire tion, to be distributed (for the purposes de- copter and, with respect to such applicant, amount (including interest on such amount) as scribed in section 501) among State police de- specifying both the amount of funds used by required by paragraph (1) shall repay the unex- partments that provide criminal justice services such applicant for each purchase of any cruiser, pended portion to the Attorney General not to units of local government and units of local boat, or helicopter and a justification of each later than 3 months after the date on which the government whose allocation under this section such purchase (and the Bureau of Justice As- grant period expires. is less than $10,000. sistance shall submit to the Committee of the Ju- ‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a ‘‘(3) NON-REPORTING UNITS.—No allocation diciary of the House of Representatives and the State or unit of local government fails to comply under this section shall be made to a unit of Committee of the Judiciary of the Senate, with paragraphs (1) and (2), the Attorney Gen- local government that has not reported at least promptly after preparation of such report a eral shall reduce amounts to be provided to that three years of data on part 1 violent crimes of written copy of the portion of such report con- State or unit of local government accordingly. the Uniform Crime Reports to the Federal Bu- taining the information required by this sen- ‘‘(c) REPAID AMOUNTS.—Amounts received as reau of Investigation within the immediately tence).’’; repayments under this section shall be subject to preceding 10 years. (E) in section 808 (42 U.S.C. 3789), by striking section 108 of this title as if such amounts had ‘‘(f) FUNDS NOT USED BY THE STATE.—If the ‘‘the State office described in section 507 or Attorney General determines, on the basis of in- not been granted and repaid. Such amounts 1408’’ and inserting ‘‘the State office responsible formation available during any grant period, shall be deposited in the Treasury in a dedi- for the trust fund required by section 507, or the that any allocation (or portion thereof) under cated fund for use by the Attorney General to State office described in section 1408,’’; this section to a State for such grant period will carry out this subpart. Such funds are hereby (F) in section 901 (42 U.S.C. 3791), in sub- not be required, or that a State will be unable to made available to carry out this subpart. section (a)(2), by striking ‘‘for the purposes of qualify or receive funds under this subpart, or ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. section 506(a)’’ and inserting ‘‘for the purposes that a State chooses not to participate in the ‘‘There is authorized to be appropriated to of section 505(a)’’; program established under this subpart, then carry out this subpart $1,095,000,000 for fiscal (G) in section 1502 (42 U.S.C. 3796bb–1)— (i) in paragraph (1), by striking ‘‘section such State’s allocation (or portion thereof) shall year 2006 and such sums as may be necessary 506(a)’’ and inserting ‘‘section 505(a)’’; be awarded by the Attorney General to units of for each of fiscal years 2007 through 2009.’’. (b) REPEALS OF CERTAIN AUTHORITIES RELAT- (ii) in paragraph (2)— local government, or combinations thereof, with- (I) by striking ‘‘section 503(a)’’ and inserting ING TO BYRNE GRANTS.— in such State, giving priority to those jurisdic- ‘‘section 502’’; and (1) DISCRETIONARY GRANTS TO PUBLIC AND PRI- tions with the highest annual number of part 1 (II) by striking ‘‘section 506’’ and inserting VATE ENTITIES.—Chapter A of subpart 2 of Part violent crimes of the Uniform Crime Reports re- ‘‘section 505’’; E of title I of the Omnibus Crime Control and ported by the unit of local government to the (H) in section 1602 (42 U.S.C. 3796cc–1), in Safe Streets Act of 1968 (42 U.S.C. 3760–3762) is Federal Bureau of Investigation for the three subsection (b), by striking ‘‘The office des- repealed. most recent calendar years for which such data ignated under section 507 of title I’’ and insert- (2) TARGETED GRANTS TO CURB MOTOR VEHICLE are available. ing ‘‘The office responsible for the trust fund re- THEFT.—Subtitle B of title I of the Anti Car ‘‘(g) SPECIAL RULES FOR PUERTO RICO.— quired by section 507’’; ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON- Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re- (I) in section 1702 (42 U.S.C. 3796dd–1), in sub- WEALTH GOVERNMENT.—Notwithstanding any pealed. section (c)(1), by striking ‘‘and reflects consider- other provision of this subpart, the amounts al- (c) CONFORMING AMENDMENTS.— ation of the statewide strategy under section located under subsection (a) to Puerto Rico, 100 (1) CRIME IDENTIFICATION TECHNOLOGY ACT.— 503(a)(1)’’; and percent shall be for direct grants to the Com- Subsection (c)(2)(G) of section 102 of the Crime (J) in section 1902 (42 U.S.C. 3796ff–1), in sub- monwealth government of Puerto Rico. Identification Technology Act of 1998 (42 U.S.C. section (e), by striking ‘‘The Office designated ‘‘(2) NO LOCAL ALLOCATIONS.—Subsections (c) 14601) is amended by striking ‘‘such as’’ and all under section 507’’ and inserting ‘‘The office re- and (d) shall not apply to Puerto Rico. that follows through ‘‘the M.O.R.E. program’’ sponsible for the trust fund required by section ‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOU- and inserting ‘‘such as the Edward Byrne Jus- 507’’. ISIANA.—In carrying out this section with re- tice Assistance Grant Program and the (d) APPLICABILITY.—The amendments made by spect to the State of Louisiana, the term ‘unit of M.O.R.E. program’’. this section shall apply with respect to the first local government’ means a district attorney or a (2) SAFE STREETS ACT.—Title I of the Omnibus fiscal year beginning after the date of the enact- parish sheriff. Crime Control and Safe Streets Act of 1968 is ment of this Act and each fiscal year thereafter. ‘‘SEC. 506. RESERVED FUNDS. amended— SEC. 1112. CLARIFICATION OF NUMBER OF RE- ‘‘(a) Of the total amount made available to (A) in section 517 (42 U.S.C. 3763), in sub- CIPIENTS WHO MAY BE SELECTED IN carry out this subpart for a fiscal year, the At- section (a)(1), by striking ‘‘pursuant to section A GIVEN YEAR TO RECEIVE PUBLIC torney General shall reserve not more than— 511 or 515’’ and inserting ‘‘pursuant to section SAFETY OFFICER MEDAL OF VALOR. ‘‘(1) $20,000,000, for use by the National Insti- 515’’; Section 3(c) of the Public Safety Officer Medal tute of Justice in assisting units of local govern- (B) in section 520 (42 U.S.C. 3766)— of Valor Act of 2001 (42 U.S.C. 15202(c)) is

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.024 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12113 amended by striking ‘‘more than 5 recipients’’ CHAPTER 2—BUILDING COMMUNITY CA- ‘‘(3) incorporate a community-policing compo- and inserting ‘‘more than 5 individuals, or PACITY TO PREVENT, REDUCE, AND nent that shall serve as a bridge between the groups of individuals, as recipients’’. CONTROL CRIME Weeding activities under subsection (a)(1) and SEC. 1113. CLARIFICATION OF OFFICIAL TO BE SEC. 1121. OFFICE OF WEED AND SEED STRATE- the Seeding activities under subsection (a)(2). CONSULTED BY ATTORNEY GENERAL GIES. ‘‘(c) DESIGNATION.—For a community to be IN CONSIDERING APPLICATION FOR (a) IN GENERAL.—Part A of title I of the Om- designated as a Weed-and-Seed community for EMERGENCY FEDERAL LAW EN- nibus Crime Control and Safe Streets Act of 1968 purposes of subsection (a)— FORCEMENT ASSISTANCE. is amended by inserting after section 102 (42 ‘‘(1) the United States Attorney for the Dis- Section 609M(b) of the Justice Assistance Act U.S.C. 3712) the following new sections: trict encompassing the community must certify of 1984 (42 U.S.C. 10501(b)) is amended by strik- to the Director that— ‘‘SEC. 103. OFFICE OF WEED AND SEED STRATE- ‘‘(A) the community suffers from consistently ing ‘‘the Director of the Office of Justice Assist- GIES. high levels of crime or otherwise is appropriate ance’’ and inserting ‘‘the Assistant Attorney ‘‘(a) ESTABLISHMENT.—There is established General for the Office of Justice Programs’’. for such designation; within the Office an Office of Weed and Seed ‘‘(B) the Weed and Seed strategy proposed, SEC. 1114. CLARIFICATION OF USES FOR RE- Strategies, headed by a Director appointed by adopted, or implemented by the steering com- GIONAL INFORMATION SHARING the Attorney General. SYSTEM GRANTS. mittee has a high probability of improving the ‘‘(b) ASSISTANCE.—The Director may assist Section 1301(b) of the Omnibus Crime Control criminal justice system within the community States, units of local government, and neighbor- and contains all the elements required by the and Safe Streets Act of 1968 (42 U.S.C. 3796h(b)), hood and community-based organizations in de- as most recently amended by section 701 of the Director; and veloping Weed and Seed strategies, as provided ‘‘(C) the steering committee is capable of im- USA PATRIOT Act (Public Law 107–56; 115 in section 104. plementing the strategy appropriately; and Stat. 374), is amended— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) the community must agree to formulate a (1) in paragraph (1), by inserting ‘‘regional’’ There is authorized to be appropriated to carry timely and effective plan to independently sus- before ‘‘information sharing systems’’; out this section $60,000,000 for fiscal year 2006, tain the strategy (or, at a minimum, a majority (2) by amending paragraph (3) to read as fol- and such sums as may be necessary for each of of the best practices of the strategy) when as- lows: fiscal years 2007, 2008, and 2009, to remain avail- sistance under this section is no longer avail- ‘‘(3) establishing and maintaining a secure able until expended. able. telecommunications system for regional informa- ‘‘SEC. 104. WEED AND SEED STRATEGIES. ‘‘(d) APPLICATION.—An application for des- tion sharing between Federal, State, tribal, and ‘‘(a) IN GENERAL.—From amounts made avail- ignation as a Weed-and-Seed community for local law enforcement agencies;’’; and able under section 103(c), the Director of the Of- purposes of subsection (a) shall be submitted to (3) by striking ‘‘(5)’’ at the end of paragraph fice of Weed and Seed Strategies may implement the Director by the steering committee of the (4). strategies, to be known as Weed and Seed strate- community in such form, and containing such SEC. 1115. INTEGRITY AND ENHANCEMENT OF NA- gies, to prevent, control, and reduce violent information and assurances, as the Director TIONAL CRIMINAL RECORD DATA- crime, criminal drug-related activity, and gang may require. The application shall propose— BASES. activity in designated Weed-and-Seed commu- ‘‘(1) a sustainable Weed and Seed strategy (a) DUTIES OF DIRECTOR.—Section 302 of the nities. Each such strategy shall involve both of that includes— Omnibus Crime Control and Safe Streets Act of the following activities: ‘‘(A) the active involvement of the United 1968 (42 U.S.C. 3732) is amended— ‘‘(1) WEEDING.—Activities, to be known as States Attorney for the District encompassing (1) in subsection (b), by inserting after the Weeding activities, which shall include pro- the community, the Drug Enforcement Adminis- third sentence the following new sentence: ‘‘The moting and coordinating a broad spectrum of tration’s special agent in charge for the jurisdic- Director shall be responsible for the integrity of community efforts (especially those of law en- tion encompassing the community, and other data and statistics and shall protect against im- forcement agencies and prosecutors) to arrest, Federal law enforcement agencies operating in proper or illegal use or disclosure.’’; and to sanction or incarcerate, persons in that the vicinity; ‘‘(B) a significant community-oriented polic- (2) by amending paragraph (19) of subsection community who participate or engage in violent ing component; and (c) to read as follows: crime, criminal drug-related activity, and other crimes that threaten the quality of life in that ‘‘(C) demonstrated coordination with com- ‘‘(19) provide for improvements in the accu- plementary neighborhood and community-based racy, quality, timeliness, immediate accessi- community. ‘‘(2) SEEDING.—Activities, to be known as programs and initiatives; and bility, and integration of State criminal history ‘‘(2) a methodology with outcome measures and related records, support the development Seeding activities, which shall include pro- moting and coordinating a broad spectrum of and specific objective indicia of performance to and enhancement of national systems of crimi- be used to evaluate the effectiveness of the strat- nal history and related records including the community efforts (such as drug abuse edu- cation, mentoring, and employment counseling) egy. National Instant Criminal Background Check ‘‘(e) GRANTS.— to provide— System, the National Incident-Based Reporting ‘‘(1) IN GENERAL.—In implementing a strategy ‘‘(A) human services, relating to prevention, System, and the records of the National Crime for a community under subsection (a), the Di- intervention, or treatment, for at-risk individ- Information Center, facilitate State participa- rector may make grants to that community. uals and families; and tion in national records and information sys- ‘‘(2) USES.—For each grant under this sub- tems, and support statistical research for critical ‘‘(B) community revitalization efforts, includ- section, the community receiving that grant may analysis of the improvement and utilization of ing enforcement of building codes and develop- not use any of the grant amounts for construc- criminal history records;’’; and ment of the economy. tion, except that the Assistant Attorney General (3) in subsection (d)— ‘‘(b) GUIDELINES.—The Director shall issue may authorize use of grant amounts for inci- guidelines for the development and implementa- (A) by striking ‘‘and’’ at the end of paragraph dental or minor construction, renovation, or re- tion of Weed and Seed strategies under this sec- (4); modeling. tion. The guidelines shall ensure that the Weed (B) by striking the period at the end of para- ‘‘(3) LIMITATIONS.—A community may not re- and Seed strategy for a community referred to in graph (5) and inserting ‘‘; and’’; and ceive grants under this subsection (or fall within subsection (a) shall— such a community)— (C) by adding at the end the following: ‘‘(1) be planned and implemented through and ‘‘(6) confer and cooperate with Federal statis- ‘‘(A) for a period of more than 10 fiscal years; under the auspices of a steering committee, ‘‘(B) for more than 5 separate fiscal years, ex- tical agencies as needed to carry out the pur- properly established in the community, com- cept that the Assistant Attorney General may, poses of this part, including by entering into co- prised of— in single increments and only upon a showing of operative data sharing agreements in conformity ‘‘(A) in a voting capacity, representatives of— extraordinary circumstances, authorize grants with all laws and regulations applicable to the ‘‘(i) appropriate law enforcement agencies; for not more than 3 additional separate fiscal disclosure and use of data.’’. and years; or (b) USE OF DATA.—Section 304 of such Act (42 ‘‘(ii) other public and private agencies, and ‘‘(C) in an aggregate amount of more than U.S.C. 3735) is amended by striking ‘‘particular neighborhood and community-based organiza- $1,000,000, except that the Assistant Attorney individual’’ and inserting ‘‘private person or tions, interested in criminal justice and commu- General may, upon a showing of extraordinary public agency’’. nity-based development and revitalization in the circumstances, authorize grants for not more (c) CONFIDENTIALITY OF INFORMATION.—Sec- community; and than an additional $500,000. tion 812(a) of such Act (42 U.S.C. 3789g(a)) is ‘‘(B) in a voting capacity, both— ‘‘(4) DISTRIBUTION.—In making grants under amended by striking ‘‘Except as provided by ‘‘(i) the Drug Enforcement Administration’s this subsection, the Director shall ensure that— Federal law other than this title, no’’ and in- special agent in charge for the jurisdiction en- ‘‘(A) to the extent practicable, the distribution serting ‘‘No’’. compassing the community; and of such grants is geographically equitable and SEC. 1116. EXTENSION OF MATCHING GRANT PRO- ‘‘(ii) the United States Attorney for the Dis- includes both urban and rural areas of varying GRAM FOR LAW ENFORCEMENT trict encompassing the community; population and area; and ARMOR VESTS. ‘‘(2) describe how law enforcement agencies, ‘‘(B) priority is given to communities that Section 1001(a)(23) of title I of the Omnibus other public and private agencies, neighborhood clearly and effectively coordinate crime preven- Crime Control and Safe Streets Act of 1968 (42 and community-based organizations, and inter- tion programs with other Federal programs in a U.S.C. 3793(a)(23)) is amended by striking ested citizens are to cooperate in implementing manner that addresses the overall needs of such ‘‘2007’’ and inserting ‘‘2009’’. the strategy; and communities.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.024 H17DEPT1 H12114 CONGRESSIONAL RECORD — HOUSE December 17, 2005

‘‘(5) FEDERAL SHARE.—(A) Subject to subpara- such section is amended by striking ‘‘expended’’ 826(d)(3) of the Higher Education Amendments graph (B), the Federal share of a grant under and inserting ‘‘obligated’’. Act of 1998 (20 U.S.C. 1152 (d)(3)) is amended by this subsection may not exceed 75 percent of the (3) AUTHORITY TO MAKE GRANTS TO INDIAN striking from ‘‘Not’’ through and including total costs of the projects described in the appli- TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub- ‘‘under this section’’ and inserting ‘‘Not later cation for which the grant was made. section (g) of such section is amended— than 1 month after the end of each even-num- ‘‘(B) The requirement of subparagraph (A)— (A) in paragraph (1), by striking ‘‘, acting bered fiscal year’’. ‘‘(i) may be satisfied in cash or in kind; and through the Director,’’; (e) TRANSITIONAL HOUSING ASSISTANCE ‘‘(ii) may be waived by the Assistant Attorney (B) by redesignating paragraph (2) as para- GRANTS FOR CHILD VICTIMS OF DOMESTIC VIO- General upon a determination that the financial graph (3); and LENCE, STALKING, OR SEXUAL ASSAULT.—Sub- circumstances affecting the applicant warrant a (C) by inserting after paragraph (1) the fol- section 40299(f) of the Violence Against Women finding that such a waiver is equitable. lowing new paragraph: Act of 1994 (42 U.S.C. 13975(f)) is amended by ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To receive ‘‘(2) The Attorney General may use 5 percent striking ‘‘shall annually prepare and submit to a grant under this subsection, the applicant of the funds available under subsection (d)(2) the Committee on the Judiciary of the House of must provide assurances that the amounts re- (prior to distribution) for grants to Indian tribes Representatives and the Committee on the Judi- ceived under the grant shall be used to supple- to establish child victim assistance programs, as ciary of the Senate a report that contains a ment, not supplant, non-Federal funds that appropriate.’’. compilation of the information contained in the would otherwise be available for programs or SEC. 1133. AMOUNTS RECEIVED UNDER CRIME report submitted under subsection (e) of this sec- services provided in the community. VICTIM GRANTS MAY BE USED BY tion.’’ and inserting ‘‘shall prepare and submit STATE FOR TRAINING PURPOSES. ‘‘SEC. 105. INCLUSION OF INDIAN TRIBES. to the Committee on the Judiciary of the House (a) CRIME VICTIM COMPENSATION.—Section ‘‘For purposes of sections 103 and 104, the of Representatives and the Committee on the Ju- 1403(a)(3) of the Victims of Crime Act of 1984 (42 term ‘State’ includes an Indian tribal govern- diciary of the Senate a report that contains a U.S.C. 10602(a)(3)) is amended by inserting after ment.’’. compilation of the information contained in the ‘‘may be used for’’ the following: ‘‘training pur- (b) ABOLISHMENT OF EXECUTIVE OFFICE OF report submitted under subsection (e) of this sec- poses and’’. WEED AND SEED; TRANSFERS OF FUNCTIONS.— (b) CRIME VICTIM ASSISTANCE.—Section tion not later than one month after the end of (1) ABOLISHMENT.—The Executive Office of 1404(b)(3) of such Act (42 U.S.C. 10603(b)(3)) is each even-numbered fiscal year.’’. Weed and Seed is abolished. amended by inserting after ‘‘may be used for’’ SEC. 1136. GRANTS FOR YOUNG WITNESS ASSIST- (2) TRANSFER.—There are hereby transferred the following: ‘‘training purposes and’’. ANCE. to the Office of Weed and Seed Strategies all (a) IN GENERAL.—The Attorney General, act- functions and activities performed immediately SEC. 1134. CLARIFICATION OF AUTHORITIES RE- LATING TO VIOLENCE AGAINST ing through the Bureau of Justice Assistance, before the date of the enactment of this Act by WOMEN FORMULA AND DISCRE- may make grants to State and local prosecutors the Executive Office of Weed and Seed Strate- TIONARY GRANT PROGRAMS. and law enforcement agencies in support of ju- gies. (a) CLARIFICATION OF STATE GRANTS.—Section venile and young adult witness assistance pro- (c) EFFECTIVE DATE.—This section and the 2007 of the Omnibus Crime Control and Safe grams. amendments made by this section take effect 90 Streets Act of 1968 (42 U.S.C. 3796gg–1) is (b) USE OF FUNDS.—Grants made available days after the date of the enactment of this Act. amended— under this section may be used— CHAPTER 3—ASSISTING VICTIMS OF (1) in subsection (c)(3)(A), by striking ‘‘police’’ (1) to assess the needs of juvenile and young CRIME and inserting ‘‘law enforcement’’; and adult witnesses; (2) to develop appropriate program goals and SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGA- (2) in subsection (d)— NIZATIONS TO IMPROVE OUTREACH (A) in the second sentence, by inserting after objectives; and SERVICES TO VICTIMS OF CRIME. ‘‘each application’’ the following: ‘‘submitted by (3) to develop and administer a variety of wit- Section 1404(c) of the Victims of Crime Act of a State’’; and ness assistance services, which includes— 1984 (42 U.S.C. 10603(c)), as most recently (B) in the third sentence, by striking ‘‘An ap- (A) counseling services to young witnesses amended by section 623 of the USA PATRIOT plication’’ and inserting ‘‘In addition, each ap- dealing with trauma associated in witnessing a Act (Public Law 107–56; 115 Stat. 372), is amend- plication submitted by a State or tribal govern- violent crime; ed— ment’’. (B) pre- and post-trial assistance for the (1) in paragraph (1)— (b) CHANGE FROM ANNUAL TO BIENNIAL RE- youth and their family; (A) in the matter preceding subparagraph (A), PORTING.—Section 2009(b) of such Act (42 U.S.C. (C) providing education services if the child is by striking the comma after ‘‘Director’’; 3796gg–3) is amended by striking ‘‘Not later removed from or changes their school for safety (B) in subparagraph (A), by striking ‘‘and’’ at than’’ and all that follows through ‘‘the Attor- concerns; the end; ney General shall submit’’ and inserting the fol- (D) protective services for young witnesses (C) in subparagraph (B), by striking the pe- lowing: ‘‘Not later than one month after the end and their families when a serious threat of harm riod at the end and inserting ‘‘; and’’; and of each even-numbered fiscal year, the Attorney from the perpetrators or their associates is made; (D) by adding at the end the following new General shall submit’’. and subparagraph: SEC. 1135. CHANGE OF CERTAIN REPORTS FROM (E) community outreach and school-based ini- ‘‘(C) for nonprofit neighborhood and commu- ANNUAL TO BIENNIAL. tiatives that stimulate and maintain public nity-based victim service organizations and coa- (a) STALKING AND DOMESTIC VIOLENCE.—Sec- awareness and support. litions to improve outreach and services to vic- tion 40610 of the Violence Against Women Act of (c) DEFINITIONS.—In this section: tims of crime.’’; 1994 (title IV of the Violent Crime Control and (1) The term ‘‘juvenile’’ means an individual (2) in paragraph (2)— Law Enforcement Act of 1994; 42 U.S.C. 14039) is who is age 17 or younger. (A) in subparagraph (A)— amended by striking ‘‘The Attorney General (2) The term ‘‘young adult’’ means an indi- (i) by striking ‘‘paragraph (1)(A)’’ and insert- shall submit to the Congress an annual report, vidual who is age 21 or younger but not a juve- ing ‘‘paragraphs (1)(A) and (1)(C)’’; and beginning one year after the date of the enact- nile. (ii) by striking ‘‘and’’ at the end; ment of this Act, that provides’’ and inserting (3) The term ‘‘State’’ includes the District of (B) in subparagraph (B), by striking the pe- ‘‘Each even-numbered fiscal year, the Attorney Columbia, the Commonwealth of Puerto Rico, riod at the end and inserting ‘‘; and’’; and General shall submit to the Congress a biennial the Virgin Islands, American Samoa, Guam, and (C) by adding at the end the following new report that provides’’. the Northern Mariana Islands. subparagraph: (b) SAFE HAVENS FOR CHILDREN.—Subsection (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) not more than $10,000 shall be used for 1301(d)(l) of the Victims of Trafficking and Vio- There are authorized to be appropriated to carry any single grant under paragraph (1)(C).’’. lence Protection Act of 2000 (42 U.S.C. out this section $3,000,000 for each of fiscal years 2006 through 2009. SEC. 1132. CLARIFICATION AND ENHANCEMENT 10420(d)(l)) is amended in the matter preceding OF CERTAIN AUTHORITIES RELAT- subparagraph (A) by striking ‘‘Not later than 1 CHAPTER 4—PREVENTING CRIME ING TO CRIME VICTIMS FUND. year after the last day of the first fiscal year SEC. 1141. CLARIFICATION OF DEFINITION OF Section 1402 of the Victims of Crime Act of commencing on or after the date of enactment of VIOLENT OFFENDER FOR PURPOSES 1984 (42 U.S.C. 10601) is amended as follows: this Act, and not later than 180 days after the OF JUVENILE DRUG COURTS. (1) AUTHORITY TO ACCEPT GIFTS.—Subsection last day of each fiscal year thereafter,’’ and in- Section 2953(b) of the Omnibus Crime Control (b)(5) of such section is amended by striking the serting ‘‘Not later than 1 month after the end of and Safe Streets Act of 1968 (42 U.S.C. 3797u– period at the end and inserting the following: ‘‘, each even-numbered fiscal year,’’. 2(b)) is amended in the matter preceding para- which the Director is hereby authorized to ac- (c) STOP VIOLENCE AGAINST WOMEN FORMULA graph (1) by striking ‘‘an offense that’’ and in- cept for deposit into the Fund, except that the GRANTS.—Subsection 2009(b) of the Omnibus serting ‘‘a felony-level offense that’’. Director is not hereby authorized to accept any Crime Control and Safe Streets Act of 1968 (42 SEC. 1142. CHANGES TO DISTRIBUTION AND AL- such gift, bequest, or donation that— U.S.C. 3796gg–3), is amended by striking ‘‘Not LOCATION OF GRANTS FOR DRUG ‘‘(A) attaches conditions inconsistent with ap- later than’’ and all that follows through ‘‘the COURTS. plicable laws or regulations; or Attorney General shall submit’’ and inserting (a) MINIMUM ALLOCATION REPEALED.—Section ‘‘(B) is conditioned upon or would require the the following: ‘‘Not later than 1 month after the 2957 of such Act (42 U.S.C. 3797u–6) is amended expenditure of appropriated funds that are not end of each even-numbered fiscal year, the At- by striking subsection (b) and inserting the fol- available to the Office for Victims of Crime.’’. torney General shall submit’’. lowing: (2) AUTHORITY TO REPLENISH ANTITERRORISM (d) GRANTS TO COMBAT VIOLENT CRIMES ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.— EMERGENCY RESERVE.—Subsection (d)(5)(A) of AGAINST WOMEN ON CAMPUS.—Subsection Unless one or more applications submitted by

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.025 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12115 any State or unit of local government within ticipate in the substance abuse treatment pro- tics,’’ the following: ‘‘the Office for Victims of such State (other than an Indian tribe) for a gram established or implemented with assistance Crime,’’. grant under this part has been funded in any provided under this part will be provided with (b) SETTING GRANT CONDITIONS AND PRIOR- fiscal year, such State, together with eligible ap- after care services.’’; and ITIES.—Such section is further amended in sub- plicants within such State, shall be provided (3) by adding at the end the following new section (a)(6) by inserting ‘‘, including placing targeted technical assistance and training by paragraph: special conditions on all grants, and deter- the Community Capacity Development Office to ‘‘(4) After care services required by this sub- mining priority purposes for formula grants’’ be- assist such State and such eligible applicants to section shall be funded through funds provided fore the period at the end. successfully compete for future funding under for this part.’’. SEC. 1153. SIMPLIFICATION OF COMPLIANCE this part, and to strengthen existing State drug (c) PRIORITY FOR PARTNERSHIPS WITH COM- DEADLINES UNDER SEX-OFFENDER court systems. In providing such technical as- MUNITY-BASED DRUG TREATMENT PROGRAMS.— REGISTRATION LAWS. sistance and training, the Community Capacity Section 1903 of such Act (42 U.S.C. 3796ff–2) is (a) COMPLIANCE PERIOD.—A State shall not be Development Office shall consider and respond amended by adding at the end the following treated, for purposes of any provision of law, as to the unique needs of rural States, rural areas new subsection: having failed to comply with section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C. 14072) of the and rural communities.’’ ‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COM- Violent Crime Control and Law Enforcement (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- MUNITY-BASED DRUG TREATMENT PROGRAMS.— tion 1001(25)(A) of title I of the Omnibus Crime In considering an application submitted by a Act of 1994 until 36 months after the date of the Control and Safe Streets Act of 1968 (42 U.S.C. State under section 1902, the Attorney General enactment of this Act, except that the Attorney General may grant an additional 24 months to a 3793(25)(A)) is amended by adding at the end shall give priority to an application that in- State that is making good faith efforts to comply the following: volves a partnership between the State and a ‘‘(v) $70,000,000 for each of fiscal years 2007 community-based drug treatment program with- with such sections. (b) TIME FOR REGISTRATION OF CURRENT AD- and 2008.’’. in the State.’’. DRESS.—Subsection (a)(1)(B) of such section SEC. 1143. ELIGIBILITY FOR GRANTS UNDER SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE 170101 is amended by striking ‘‘unless such re- DRUG COURT GRANTS PROGRAM EX- TREATMENT PROGRAM FOR FED- quirement is terminated under’’ and inserting TENDED TO COURTS THAT SUPER- ERAL FACILITIES. ‘‘for the time period specified in’’. VISE NON-OFFENDERS WITH SUB- Section 3621(e) of title 18, United States Code, STANCE ABUSE PROBLEMS. is amended— SEC. 1154. REPEAL OF CERTAIN PROGRAMS. (a) SAFE STREETS ACT PROGRAM.—The Crimi- Section 2951(a)(1) of such Act (42 U.S.C. (1) by striking paragraph (4) and inserting the nal Justice Facility Construction Pilot program 3797u(a)(1)) is amended by striking ‘‘offenders following: (part F; 42 U.S.C. 3769–3769d) of title I of the with substance abuse problems’’ and inserting ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— Omnibus Crime Control and Safe Streets Act of ‘‘offenders, and other individuals under the ju- There are authorized to carry out this sub- 1968 is repealed. risdiction of the court, with substance abuse section such sums as may be necessary for each (b) VIOLENT CRIME CONTROL AND LAW EN- problems’’. of fiscal years 2007 through 2011.’’; and FORCEMENT ACT PROGRAMS.—The following pro- SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE (2) in paragraph (5)(A)— visions of the Violent Crime Control and Law ABUSE TREATMENT PROGRAM FOR (A) in clause (i) by striking ‘‘and’’ after the LOCAL FACILITIES. Enforcement Act of 1994 are repealed: semicolon’ (1) LOCAL CRIME PREVENTION BLOCK GRANT Section 1904 of the Omnibus Crime Control (B) in clause (ii) by inserting ‘‘and’’ after the PROGRAM.—Subtitle B of title III (42 U.S.C. and Safe Streets Act of 1968 (42 U.S.C. 3796ff–3) semicolon; and is amended by adding at the end the following 13751–13758). (C) by adding at the end the following: (2) ASSISTANCE FOR DELINQUENT AND AT-RISK new subsection: ‘‘(iii) which may include the use of YOUTH.—Subtitle G of title III (42 U.S.C. 13801– ‘‘(d) DEFINITION.—In this section, the term pharmacoptherapies, if appropriate, that may 13802). ‘residential substance abuse treatment program’ extend beyond the treatment period;’’. (3) IMPROVED TRAINING AND TECHNICAL AUTO- means a course of individual and group activi- CHAPTER 5—OTHER MATTERS MATION.—Subtitle E of title XXI (42 U.S.C. ties, lasting between 6 and 12 months, in resi- 14151). dential treatment facilities set apart from the SEC. 1151. CHANGES TO CERTAIN FINANCIAL AU- THORITIES. (4) OTHER STATE AND LOCAL AID.—Subtitle F general prison population— of title XXI (42 U.S.C. 14161). ‘‘(1) directed at the substance abuse problems (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM PAYING STATES INTEREST ON LATE DIS- SEC. 1155. ELIMINATION OF CERTAIN NOTICE of the prisoners; and AND HEARING REQUIREMENTS. BURSEMENTS ALSO EXEMPTED FROM PAYING ‘‘(2) intended to develop the prisoner’s cog- Part H of title I of the Omnibus Crime Control CHARGE TO TREASURY FOR UNTIMELY DISBURSE- nitive, behavioral, social, vocational and other and Safe Streets Act of 1968 is amended as fol- skills so as to solve the prisoner’s substance MENTS.—Section 204(f) of Public Law 107–273 (116 Stat. 1776; 31 U.S.C. 6503 note) is amend- lows: abuse and other problems; and (1) NOTICE AND HEARING ON DENIAL OR TERMI- ed— ‘‘(3) which may include the use of NATION OF GRANT.—Section 802 (42 U.S.C. 3783) (1) by striking ‘‘section 6503(d)’’ and inserting pharmacotherapies, where appropriate, that of such part is amended— may extend beyond the treatment period.’’. ‘‘sections 3335(b) or 6503(d)’’; and (A) by striking subsections (b) and (c); and (2) by striking ‘‘section 6503’’ and inserting SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE (B) by striking ‘‘(a)’’ before ‘‘Whenever,’’. ABUSE TREATMENT PROGRAM FOR ‘‘sections 3335(b) or 6503’’. (2) FINALITY OF DETERMINATIONS.—Section 803 STATE PRISONERS. (b) SOUTHWEST BORDER PROSECUTOR INITIA- (42 U.S.C. 3784) of such part is amended— (a) ENHANCED DRUG SCREENINGS REQUIRE- TIVE INCLUDED AMONG SUCH EXEMPTED PRO- (A) by striking ‘‘, after reasonable notice and MENT.—Subsection (b) of section 1902 of the Om- GRAMS.—Section 204(f) of such Act is further opportunity for a hearing,’’; and nibus Crime Control and Safe Streets Act of 1968 amended by striking ‘‘pursuant to section (B) by striking ‘‘, except as otherwise provided (42 U.S.C. 3796ff—1(b)) is amended to read as 501(a)’’ and inserting ‘‘pursuant to the South- herein’’. follows: west Border Prosecutor Initiative (as carried out (3) REPEAL OF APPELLATE COURT REVIEW.— ‘‘(b) SUBSTANCE ABUSE TESTING REQUIRE- pursuant to paragraph (3) (117 Stat. 64) under Section 804 (42 U.S.C. 3785) of such part is re- MENT.—To be eligible to receive funds under this the heading relating to Community Oriented Po- pealed. part, a State must agree to implement or con- licing Services of the Department of Justice Ap- SEC. 1156. AMENDED DEFINITIONS FOR PUR- tinue to require urinalysis or other proven reli- propriations Act, 2003 (title I of division B of POSES OF OMNIBUS CRIME CON- TROL AND SAFE STREETS ACT OF able forms of testing, including both periodic Public Law 108–7), or as carried out pursuant to any subsequent authority) or section 501(a)’’. 1968. and random testing— Section 901 of title I of the Omnibus Crime (c) ATFE UNDERCOVER INVESTIGATIVE OPER- ‘‘(1) of an individual before the individual en- Control and Safe Streets Act of 1968 (42 U.S.C. ters a residential substance abuse treatment pro- ATIONS.—Section 102(b) of the Department of Justice and Related Agencies Appropriations 3791) is amended as follows: gram and during the period in which the indi- (1) INDIAN TRIBE.—Subsection (a)(3)(C) of Act, 1993, as in effect pursuant to section 815(d) vidual participates in the treatment program; such section is amended by striking ‘‘(as that of the Antiterrorism and Effective Death Pen- and term is defined in section 103 of the Juvenile alty Act of 1996 shall apply with respect to the ‘‘(2) of an individual released from a residen- Justice and Delinquency Prevention Act of 1974 Bureau of Alcohol, Tobacco, Firearms, and Ex- tial substance abuse treatment program if the (42 U.S.C. 5603))’’. plosives and the undercover investigative oper- individual remains in the custody of the State.’’. (2) COMBINATION.—Subsection (a)(5) of such (b) AFTERCARE SERVICES REQUIREMENT.—Sub- ations of the Bureau on the same basis as such section is amended by striking ‘‘program or section (c) of such section is amended— section applies with respect to any other agency project’’ and inserting ‘‘program, plan, or (1) in the matter preceding paragraph (1), by and the undercover investigative operations of project’’. striking ‘‘ELIGIBILITY FOR PREFERENCE such agency. (3) NEIGHBORHOOD OR COMMUNITY-BASED OR- WITH AFTER CARE COMPONENT’’ and in- SEC. 1152. COORDINATION DUTIES OF ASSISTANT GANIZATIONS.—Subsection (a)(11) of such section serting ‘‘AFTERCARE SERVICES REQUIRE- ATTORNEY GENERAL. is amended by striking ‘‘which’’ and inserting ‘‘, MENT’’; and (a) COORDINATE AND SUPPORT OFFICE FOR including faith-based, that’’. (2) by amending paragraph (1) to read as fol- VICTIMS OF CRIME.—Section 102 of the Omnibus (4) INDIAN TRIBE; PRIVATE PERSON.—Sub- lows: Crime Control and Safe Streets Act of 1968 (42 section (a) of such section is further amended— ‘‘(1) To be eligible for funding under this part, U.S.C. 3712) is amended in subsection (a)(5) by (A) in paragraph (24) by striking ‘‘and’’ at the a State shall ensure that individuals who par- inserting after ‘‘the Bureau of Justice Statis- end;

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.025 H17DEPT1 H12116 CONGRESSIONAL RECORD — HOUSE December 17, 2005 (B) in paragraph (25) by striking the period at ments on such grants. In selecting such grants, transferred to the Office all functions and ac- the end and inserting a semicolon; and the Director shall ensure that the aggregate tivities for such purpose performed immediately (C) by adding at the end the following new amount awarded under the grants so selected before the date of the enactment of this Act by paragraphs: represent not less than 10 percent of the aggre- any other element of the Department. This does ‘‘(26) the term ‘Indian Tribe’ has the meaning gate amount of money awarded under all such not preclude a grant-making office from pro- given the term ‘Indian tribe’ in section 4(e) of grant programs. viding specialized training and technical assist- the Indian Self-Determination and Education ‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.—This ance in its area of expertise. Assistance Act (25 U.S.C. 450b(e)); and subsection does not affect the authority or duty ‘‘(b) MEANS.—The Director shall, in coordina- ‘‘(27) the term ‘private person’ means any in- of the Director of the National Institute of Jus- tion with the heads of the other elements of the dividual (including an individual acting in his tice to carry out overall evaluations of programs Department, carry out the purpose of the Office official capacity) and any private partnership, covered by subsection (b), except that such Di- through the following means: corporation, association, organization, or entity rector shall consult with the Director of the Of- ‘‘(1) Promoting coordination of public and pri- (or any combination thereof).’’. fice in carrying out such evaluations. vate efforts and resources within or available to SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY ‘‘(3) TIMING OF PROGRAM ASSESSMENTS.—The States, units of local government, and neighbor- SUBSISTENCE PAYMENTS TO PRIS- program assessment required by paragraph (1) hood and community-based organizations. ONERS FOR HEALTH CARE ITEMS of a grant selected under paragraph (1) shall be ‘‘(2) Providing information, training, and AND SERVICES. carried out— technical assistance. Section 4006 of title 18, United States Code, is ‘‘(A) not later than the end of the grant pe- ‘‘(3) Providing support for inter- and intra- amended— riod, if the grant period is not more than 1 year; agency task forces and other agreements and for (1) in subsection (a) by inserting after ‘‘The and assessment of the effectiveness of programs, Attorney General’’ the following: ‘‘or the Sec- ‘‘(B) at the end of each year of the grant pe- projects, approaches, or practices. retary of Homeland Security, as applicable,’’; riod, if the grant period is more than 1 year. ‘‘(4) Providing in the assessment of the effec- and ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The tiveness of neighborhood and community-based (2) in subsection (b)(1)— Director shall take such actions to ensure com- law enforcement and crime prevention strategies (A) by striking ‘‘the Immigration and Natu- pliance with the terms of a grant as the Director and techniques, in coordination with the Na- ralization Service’’ and inserting ‘‘the Depart- considers appropriate with respect to each grant tional Institute of Justice. ment of Homeland Security’’; that the Director determines (in consultation ‘‘(5) Any other similar means. (B) by striking ‘‘shall not exceed the lesser of ‘‘(c) LOCATIONS.—Training referred to in sub- with the head of the element of the Department the amount’’ and inserting ‘‘shall be the amount section (a) shall be provided on a regional basis of Justice concerned), through a program assess- billed, not to exceed the amount’’; to groups of such participants. In a case in ment under subsection (a) or other means, is not (C) by striking ‘‘items and services’’ and all which remedial training is appropriate, as rec- in compliance with such terms. In the case of a that follows through ‘‘the Medicare program’’ ommended by the Director or the head of any misuse of more than 1 percent of the grant and inserting ‘‘items and services under the element of the Department, such training may amount concerned, the Director shall, in addi- Medicare program’’; and be provided on a local basis to a single such par- tion to any other action to ensure compliance (D) by striking ‘‘; or’’ and all that follows ticipant. that the Director considers appropriate, ensure through the period at the end and inserting a ‘‘(d) BEST PRACTICES.—The Director shall— that the entity responsible for such misuse period. ‘‘(1) identify grants under which clearly bene- ceases to receive any funds under any program ficial outcomes were obtained, and the charac- SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND covered by subsection (b) until such entity re- MANAGEMENT. teristics of those grants that were responsible for pays to the Attorney General an amount equal (a) IN GENERAL.—Part A of title I of the Om- obtaining those outcomes; and to the amounts misused. The Director may, in nibus Crime Control and Safe Streets Act of 1968 ‘‘(2) incorporate those characteristics into the unusual circumstances, grant relief from this re- is amended by adding after section 104, as added training provided under this section. quirement to ensure that an innocent party is by section 211 of this Act, the following new sec- ‘‘(e) AVAILABILITY OF FUNDS.—not to exceed 3 not punished. tion: percent of all funding made available for a fis- ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Di- cal year for the programs covered by section ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND rector shall establish and maintain, in consulta- MANAGEMENT. 105(b) shall be reserved for the Community Ca- tion with the chief information officer of the Of- ‘‘(a) ESTABLISHMENT.— pacity Development Office for the activities au- fice, a modern, automated system for managing ‘‘(1) IN GENERAL.—There is established within thorized by this section.’’. all information relating to the grants made the Office an Office of Audit, Assessment, and (b) EFFECTIVE DATE.—This section and the under the programs covered by subsection (b). Management, headed by a Director appointed amendment made by this section take effect 90 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 3 by the Attorney General. In carrying out the days after the date of the enactment of this Act. percent of all funding made available for a fis- functions of the Office, the Director shall be SEC. 1160. OFFICE OF APPLIED LAW ENFORCE- cal year for the programs covered by subsection subject to the authority, direction, and control MENT TECHNOLOGY. (b) shall be reserved for the Office of Audit, As- of the Attorney General. Such authority, direc- (a) IN GENERAL.—Part A of title I of the Om- sessment and Management for the activities au- tion, and control may be delegated only to the nibus Crime Control and Safe Streets Act of 1968 thorized by this section.’’. Assistant Attorney General, without redelega- is amended by adding after section 106, as added (b) EFFECTIVE DATE.—This section and the tion. by section 249 of this Act, the following new sec- amendment made by this section take effect 90 ‘‘(2) PURPOSE.—The purpose of the Office tion: days after the date of the enactment of this Act. shall be to carry out and coordinate program as- ‘‘SEC. 107. DIVISION OF APPLIED LAW ENFORCE- sessments of, take actions to ensure compliance SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT MENT TECHNOLOGY. with the terms of, and manage information with OFFICE. ‘‘(a) ESTABLISHMENT.—There is established respect to, grants under programs covered by (a) IN GENERAL.—Part A of title I of the Om- within the Office of Science and Technology, subsection (b). The Director shall take special nibus Crime Control and Safe Streets Act of 1968 the Division of Applied Law Enforcement Tech- conditions of the grant into account and consult is amended by adding after section 105, as added nology, headed by an individual appointed by with the office that issued those conditions to by section 248 of this Act, the following new sec- the Attorney General. The purpose of the Divi- ensure appropriate compliance. tion: sion shall be to provide leadership and focus to ‘‘(3) EXCLUSIVITY.—The Office shall be the ex- ‘‘SEC. 106. COMMUNITY CAPACITY DEVELOPMENT those grants of the Department of Justice that clusive element of the Department of Justice, OFFICE. are made for the purpose of using or improving other than the Inspector General, performing ‘‘(a) ESTABLISHMENT.— law enforcement computer systems. functions and activities for the purpose specified ‘‘(1) IN GENERAL.—There is established within ‘‘(b) DUTIES.—In carrying out the purpose of in paragraph (2). There are hereby transferred the Office a Community Capacity Development the Division, the head of the Division shall— to the Office all functions and activities, other Office, headed by a Director appointed by the ‘‘(1) establish clear minimum standards for than functions and activities of the Inspector Attorney General. In carrying out the functions computer systems that can be purchased using General, for such purpose performed imme- of the Office, the Director shall be subject to the amounts awarded under such grants; and diately before the date of the enactment of this authority, direction, and control of the Attorney ‘‘(2) ensure that recipients of such grants use Act by any other element of the Department. General. Such authority, direction, and control such systems to participate in crime reporting ‘‘(b) COVERED PROGRAMS.—The programs re- may be delegated only to the Assistant Attorney programs administered by the Department, such ferred to in subsection (a) are the following: General, without redelegation. as Uniform Crime Reports or the National Inci- ‘‘(1) The program under part Q of this title. ‘‘(2) PURPOSE.—The purpose of the Office dent-Based Reporting System.’’. ‘‘(2) Any grant program carried out by the Of- shall be to provide training to actual and pro- (b) EFFECTIVE DATE.—This section and the fice of Justice Programs. spective participants under programs covered by amendment made by this section take effect 90 ‘‘(3) Any other grant program carried out by section 105(b) to assist such participants in un- days after the date of the enactment of this Act. the Department of Justice that the Attorney derstanding the substantive and procedural re- SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS. General considers appropriate. quirements for participating in such programs. (a) IN GENERAL.—Part A of title I of the Om- ‘‘(c) PROGRAM ASSESSMENTS REQUIRED.— ‘‘(3) EXCLUSIVITY.—The Office shall be the ex- nibus Crime Control and Safe Streets Act of 1968 ‘‘(1) IN GENERAL.—The Director shall select clusive element of the Department of Justice per- is amended by adding after section 107, as added grants awarded under the programs covered by forming functions and activities for the purpose by section 250 of this Act, the following new sec- subsection (b) and carry out program assess- specified in paragraph (2). There are hereby tion:

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.025 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12117 ‘‘SEC. 108. AVAILABILITY OF FUNDS. (B) subsections (b) and (c), the consolidation Mychal Judge Police and Fire Chaplains Public ‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.— of operations shall be initiated not later than Safety Officers’ Benefit Act of 2002 (Public Law ‘‘(1) IN GENERAL.—Unless otherwise specifi- September 30, 2006, and shall be carried out by 107–196; 116 Stat. 719), is amended— cally provided in an authorization, DOJ grant the Office of Administration, in consultation (1) by redesignating paragraphs (7) and (8) as funds for a fiscal year shall remain available to with the Chief Information Officer and the Of- paragraphs (8) and (9), respectively; be awarded and distributed to a grantee only in fice of Audit, Assessment, and Management. (2) by inserting after paragraph (6) the fol- that fiscal year and the three succeeding fiscal SEC. 1163. AUTHORIZATION AND CHANGE OF lowing new paragraph: years, subject to paragraphs (2) and (3). DOJ COPS PROGRAM TO SINGLE GRANT ‘‘(7) ‘member of a rescue squad or ambulance grant funds not so awarded and distributed PROGRAM. crew’ means an officially recognized or des- shall revert to the Treasury. (a) IN GENERAL.—Section 1701 of title I of the ignated public employee member of a rescue ‘‘(2) TREATMENT OF REPROGRAMMED FUNDS.— Omnibus Crime Control and Safe Streets Act of squad or ambulance crew;’’; and DOJ grant funds for a fiscal year that are re- 1968 (42 U.S.C. 3796dd) is amended— (3) in paragraph (4) by striking ‘‘and’’ and all programmed in a later fiscal year shall be treat- (1) by amending subsection (a) to read as fol- that follows through the end and inserting a ed for purposes of paragraph (1) as DOJ grant lows: semicolon. (4) in paragraph (6) by striking ‘‘enforcement funds for such later fiscal year. ‘‘(a) GRANT AUTHORIZATION.—The Attorney REATMENT OF DEOBLIGATED FUNDS.—If of the laws’’ and inserting ‘‘enforcement of the ‘‘(3) T General shall carry out a single grant program DOJ grant funds were obligated and then criminal laws (including juvenile delinquency).’’ under which the Attorney General makes grants deobligated, the period of availability that ap- (b) CLARIFICATION OF LIMITATION ON PAY- to States, units of local government, Indian trib- plies to those grant funds under paragraph (1) MENTS IN NON-CIVILIAN CASES.—Section 1202(5) al governments, other public and private enti- shall be extended by a number of days equal to of such Act (42 U.S.C. 3796a(5)) is amended by ties, and multi-jurisdictional or regional con- the number of days from the date on which inserting ‘‘with respect’’ before ‘‘to any indi- sortia for the purposes described in subsection those grant funds were obligated to the date on vidual’’. (b).’’; which those grant funds were deobligated. (c) WAIVER OF COLLECTION IN CERTAIN (2) by striking subsections (b) and (c); ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.— CASES.—Section 1201 of such Act (42 U.S.C. 3796) DOJ grant funds for a fiscal year that have (3) by redesignating subsection (d) as sub- is amended by adding at the end the following: been awarded and distributed to a grantee may section (b), and in that subsection— ‘‘(m) The Bureau may suspend or end collec- be expended by that grantee only in the period (A) by striking ‘‘ADDITIONAL GRANT tion action on an amount disbursed pursuant to permitted under the terms of the grant. DOJ PROJECTS.—Grants made under subsection (a) a statute enacted retroactively or otherwise dis- grant funds not so expended shall revert to the may include programs, projects, and other ac- bursed in error under subsection (a) or (c), Treasury. tivities to—’’ and inserting ‘‘USES OF GRANT where such collection would be impractical, or ‘‘(c) DEFINITION.—In this section, the term AMOUNTS.—The purposes for which grants would cause undue hardship to a debtor who ‘DOJ grant funds’ means, for a fiscal year, made under subsection (a) may be made are—’’; acted in good faith.’’. amounts appropriated for activities of the De- (B) by redesignating paragraphs (1) through (d) DESIGNATION OF BENEFICIARY.—Section partment of Justice in carrying out grant pro- (12) as paragraphs (6) through (17), respectively; 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is grams for that fiscal year. (C) by inserting before paragraph (6) (as so re- amended to read as follows: ‘‘(d) APPLICABILITY.—This section applies to designated) the following new paragraphs: ‘‘(4) if there is no surviving spouse or sur- DOJ grant funds for fiscal years beginning with ‘‘(1) rehire law enforcement officers who have viving child— fiscal year 2006.’’. been laid off as a result of State and local budg- ‘‘(A) in the case of a claim made on or after (b) EFFECTIVE DATE.—This section and the et reductions for deployment in community-ori- the date that is 90 days after the date of the en- amendment made by this section take effect 90 ented policing; actment of this subparagraph, to the individual days after the date of the enactment of this Act. ‘‘(2) hire and train new, additional career law designated by such officer as beneficiary under SEC. 1162. CONSOLIDATION OF FINANCIAL MAN- enforcement officers for deployment in commu- this section in such officer’s most recently exe- AGEMENT SYSTEMS OF OFFICE OF nity-oriented policing across the Nation; cuted designation of beneficiary on file at the JUSTICE PROGRAMS. ‘‘(3) procure equipment, technology, or sup- time of death with such officer’s public safety (a) CONSOLIDATION OF ACCOUNTING ACTIVI- port systems, or pay overtime, to increase the agency, organization, or unit, provided that TIES AND PROCUREMENT ACTIVITIES.—The As- number of officers deployed in community-ori- such individual survived such officer; or sistant Attorney General of the Office of Justice ented policing; ‘‘(B) if there is no individual qualifying under Programs, in coordination with the Chief Infor- ‘‘(4) award grants to pay for offices hired to subparagraph (A), to the individual designated mation Officer and Chief Financial Officer of perform intelligence, anti-terror, or homeland by such officer as beneficiary under such offi- the Department of Justice, shall ensure that— security duties;’’; and cer’s most recently executed life insurance policy (1) all accounting activities for all elements of (D) by amending paragraph (9) (as so redesig- on file at the time of death with such officer’s the Office of Justice Programs are carried out nated) to read as follows: public safety agency, organization, or unit, pro- under the direct management of the Office of ‘‘(9) develop new technologies, including vided that such individual survived such officer; the Comptroller; and interoperable communications technologies, or’’. (e) CONFIDENTIALITY.—Section 1201(1)(a) of (2) all procurement activities for all elements modernized criminal record technology, and fo- such Act (42 U.S.C. 3796(a)) is amended by add- of the Office are carried out under the direct rensic technology, to assist State and local law ing at the end the following: management of the Office of Administration. enforcement agencies in reorienting the empha- (b) FURTHER CONSOLIDATION OF PROCURE- ‘‘(6) The public safety agency, organization, sis of their activities from reacting to crime to MENT ACTIVITIES.—The Assistant Attorney Gen- or unit responsible for maintaining on file an preventing crime and to train law enforcement eral, in coordination with the Chief Information executed designation of beneficiary or recently officers to use such technologies;’’; Officer and Chief Financial Officer of the De- executed life insurance policy pursuant to para- (4) by redesignating subsections (e) through partment of Justice, shall ensure that, on and graph (4) shall maintain the confidentiality of (k) as subsections (c) through (i), respectively; after September 30, 2008— such designation or policy in the same manner (1) all procurement activities for all elements and as it maintains personnel or other similar of the Office are carried out through a single (5) in subsection (c) (as so redesignated) by records of the officer.’’. striking ‘‘subsection (i)’’ and inserting ‘‘sub- management office; and SEC. 1165. PRE-RELEASE AND POST-RELEASE (2) all contracts and purchase orders used in section (g)’’. PROGRAMS FOR JUVENILE OFFEND- carrying out those activities are processed (b) CONFORMING AMENDMENT.—Section 1702 of ERS. through a single procurement system. title I of such Act (42 U.S.C. 3796dd–1) is amend- Section 1801(b) of the Omnibus Crime Control (c) CONSOLIDATION OF FINANCIAL MANAGE- ed in subsection (d)(2) by striking ‘‘section and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) MENT SYSTEMS.—The Assistant Attorney Gen- 1701(d)’’ and inserting ‘‘section 1701(b)’’. is amended— eral, in coordination with the Chief Information (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- (1) in paragraph (15) by striking ‘‘or’’ at the Officer and Chief Financial Officer of the De- tion 1001(a)(11) of title I of such Act (42 U.S.C. end; partment of Justice, shall ensure that, on and 3793(a)(11)) is amended— (2) in paragraph (16) by striking the period at after September 30, 2010, all financial manage- (1) in subparagraph (A) by striking ‘‘ex- the end and inserting ‘‘; or’’; and ment activities (including human resources, pended—’’ and all that follows through ‘‘2000’’ (3) by adding at the end the following: payroll, and accounting activities, as well as and inserting ‘‘expended $1,047,119,000 for each ‘‘(17) establishing, improving, and coordi- procurement activities) of all elements of the Of- of fiscal years 2006 through 2009’’; and nating pre-release and post-release systems and fice are carried out through a single financial (2) in subparagraph (B)— programs to facilitate the successful reentry of management system. (A) by striking ‘‘section 1701(f)’’ and inserting juvenile offenders from State or local custody in (d) ACHIEVING COMPLIANCE.— ‘‘section 1701(d)’’; and the community.’’. (1) SCHEDULE.—The Assistant Attorney Gen- (B) by striking the third sentence. SEC. 1166. REAUTHORIZATION OF JUVENILE AC- eral shall undertake a scheduled consolidation SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE COUNTABILITY BLOCK GRANTS. of operations to achieve compliance with the re- FOR BENEFITS UNDER PUBLIC SAFE- Section 1810(a) of the Omnibus Crime Control quirements of this section. TY OFFICERS’ DEATH BENEFITS PRO- and Safe Streets Act of 1968 (42 U.S.C. 3796gg– (2) SPECIFIC REQUIREMENTS.—With respect to GRAMS. 10(a)) is amended by striking ‘‘2002 through achieving compliance with the requirements of— (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.— 2005’’ and inserting ‘‘2006 through 2009’’. (A) subsection (a), the consolidation of oper- Section 1204 of the Omnibus Crime Control and SEC. 1167. SEX OFFENDER MANAGEMENT. ations shall be initiated not later than 90 days Safe Streets Act of 1968 (42 U.S.C. 3796b), as Section 40152 of the Violent Crime Control and after the date of the enactment of this Act; and most recently amended by section 2(a) of the Law Enforcement Act of 1994 (42 U.S.C. 13941) is

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.026 H17DEPT1 H12118 CONGRESSIONAL RECORD — HOUSE December 17, 2005 amended by striking subsection (c) and inserting ‘‘(C) reports, at regular intervals not to exceed (3) implementation of policies and procedures, the following: every five years, that include the information including appropriate training and auditing, to ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— described in paragraph (1).’’. ensure the Department’s compliance with pri- There are authorized to be appropriated to carry Subtitle C—MISCELLANEOUS PROVISIONS vacy-related laws and policies, including section out this section $5,000,000 for each of fiscal 552a of title 5, United States Code, and Section years 2006 through 2010.’’. SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107–56. 208 of the E-Government Act of 2002 (Pub. L. SEC. 1168. EVIDENCE-BASED APPROACHES. 107–347); (a) STRIKING SURPLUS WORDS.— (4) ensuring that adequate resources and staff Section 1802 of the Omnibus Crime Control (1) Section 2703(c)(1) of title 18, United States are devoted to meeting the Department’s pri- and Safe Streets Act of 1968 is amended— Code, is amended by striking ‘‘or’’ at the end of vacy-related functions and obligations; (1) in subsection (a)(1)(B) by inserting ‘‘, in- subparagraph (C). (5) appropriate notifications regarding the De- cluding the extent to which evidence-based ap- (2) Section 1960(b)(1)(C) of title 18, United partment’s privacy policies and privacy-related proaches are utilized’’ after ‘‘part’’; and States Code, is amended by striking ‘‘to be used inquiry and complaint procedures; and (2) in subsection (b)(1)(A)(ii) by inserting ‘‘, to be used’’ and inserting ‘‘to be used’’. (6) privacy-related reports from the Depart- including the extent to which evidence-based (b) PUNCTUATION AND GRAMMAR CORREC- ment to Congress and the President. approaches are utilized’’ after ‘‘part’’. TIONS.—Section 2516(1)(q) of title 18, United (c) REVIEW OF PRIVACY RELATED FUNCTIONS, SEC. 1169. REAUTHORIZATION OF MATCHING States Code, is amended— RESOURCES, AND REPORT.—Within 120 days of GRANT PROGRAM FOR SCHOOL SE- (1) by striking the semicolon after the first CURITY. his designation, the privacy official shall pre- close parenthesis; and pare a comprehensive report to the Attorney (a) IN GENERAL.—Section 2705 of the Omnibus (2) by striking ‘‘sections’’ and inserting ‘‘sec- General and to the Committees on the Judiciary Crime Control and Safe Streets Act of 1968 (42 tion’’. U.S.C. 3797e) is amended by striking ‘‘2003’’ and of the House of Representatives and of the Sen- (c) CROSS REFERENCE CORRECTION.—Section ate, describing the organization and resources of inserting ‘‘2009’’. 322 of Public Law 107–56 is amended, effective ROGRAM TO REMAIN UNDER COPS OF- the Department with respect to privacy and re- (b) P on the date of the enactment of that section, by FICE.—Section 2701 of the Omnibus Crime Con- lated information management functions, in- striking ‘‘title 18’’ and inserting ‘‘title 28’’. trol and Safe Streets Act of 1968 (42 U.S.C. cluding access, security, and records manage- 3797a) is amended in subsection (a) by inserting SEC. 1172. MISCELLANEOUS TECHNICAL AMEND- ment, assessing the Department’s current and MENTS. after ‘‘The Attorney General’’ the following: ‘‘, future needs relating to information privacy (a) TABLE OF SECTIONS OMISSION.—The table acting through the Office of Community Ori- issues, and making appropriate recommenda- of sections at the beginning of chapter 203 of ented Policing Services,’’. tions regarding the Department’s organizational title 18, United States Code, is amended by in- structure and personnel. SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE’S serting after the item relating to section 3050 the LAW. (d) ANNUAL REPORT.—The privacy official following new item: Section 2001 of Div. C, Pub. L. 106–386 (42 shall submit a report to the Committees on the U.S.C. 13713), is amended— ‘‘3051. Powers of Special Agents of Bureau of Judiciary of the House of Representatives and of (1) in each of subsections (b), (c)(1), (c)(2), Alcohol, Tobacco, Firearms, and the Senate on an annual basis on activities of (c)(3), (e)(1), and (g) by striking the first upper- Explosives’’. the Department that affect privacy, including a case letter after the heading and inserting a (b) REPEAL OF DUPLICATIVE PROGRAM.—Sec- summary of complaints of privacy violations, lower case letter of such letter and the fol- tion 316 of Part A of the Runaway and Homeless implementation of section 552a of title 5, United lowing: ‘‘Pursuant to regulations promulgated Youth Act (42 U.S.C. 5712d), as added by section States Code, internal controls, and other rel- by the Attorney General hereunder,’’ 40155 of the Violent Crime Control and Law En- evant matters. (2) in subsection (c), paragraphs (1) and (2), forcement Act of 1994 (Public Law 103–322; 108 SEC. 1175. BANKRUPTCY CRIMES. respectively, by— Stat. 1922), is repealed. The Director of the Executive Office for (A) striking ‘‘a State’’, the first place it ap- (c) REPEAL OF PROVISION RELATING TO UNAU- United States Trustees shall prepare an annual pears, and inserting ‘‘a criminal-records-report- THORIZED PROGRAM.—Section 20301 of Public report to the Congress detailing— ing State’’; and Law 103–322 is amended by striking subsection (1) the number and types of criminal referrals (B) striking ‘‘(3),’’ and all that follows (c). made by the United States Trustee Program; through ‘‘subsequent offense’’ and inserting SEC. 1173. USE OF FEDERAL TRAINING FACILI- (2) the outcomes of each criminal referral; ‘‘(3), it may, under subsection (d), apply to the TIES. (3) for any year in which the number of crimi- Attorney General for $10,000, for its related ap- (a) FEDERAL TRAINING FACILITIES.—Unless nal referrals is less than for the prior year, an prehension and prosecution costs, and $22,500 authorized in writing by the Attorney General, explanation of the decrease; and per year (up to a maximum of 5 years), for its or the Assistant Attorney General for Adminis- (4) the United States Trustee Program’s efforts related incarceration costs with both amounts tration, if so delegated by the Attorney General, to prevent bankruptcy fraud and abuse, par- for costs adjusted annually for the rate of infla- the Department of Justice (and each entity ticularly with respect to the establishment of tion’’; within it) shall use for any predominantly inter- uniform internal controls to detect common, (3) in subsection (c)(3), by— nal training or conference meeting only a facil- higher risk frauds, such as a debtor’s failure to (A) striking ‘‘if—’’ and inserting ‘‘unless—’’; ity that does not require a payment to a private disclose all assets. (B) striking— entity for use of the facility. SEC. 1176. REPORT TO CONGRESS ON STATUS OF (i) ‘‘average’’; (b) ANNUAL REPORT.—The Attorney General UNITED STATES PERSONS OR RESI- (ii) ‘‘individuals convicted of the offense for shall prepare an annual report to the Chairmen DENTS DETAINED ON SUSPICION OF which,’’; and and ranking minority members of the Commit- TERRORISM. (iii) ‘‘convicted by the State is’’; and tees on the Judiciary of the Senate and of the Not less often than once every 12 months, the (C) inserting ‘‘not’’ before ‘‘less’’ each place it House of Representatives that details each Attorney General shall submit to Congress a re- appears. training and conference meeting that requires port on the status of United States persons or (4) in subsections (d) and (e), respectively, by specific authorization under subsection (a). The residents detained, as of the date of the report, striking ‘‘transferred’’; report shall include an explanation of why the on suspicion of terrorism. The report shall— (5) in subsection (e)(1), by— (1) specify the number of persons or residents facility was chosen, and a breakdown of any ex- (A) inserting ‘‘pursuant to section 506 of the so detained; and penditures incurred in excess of the cost of con- Omnibus Crime Control and Safe Streets Act of (2) specify the standards developed by the De- ducting the training or meeting at a facility that 1968’’ before ‘‘that’’; and partment of Justice for recommending or deter- did not require such authorization. (B) striking the last sentence and inserting mining that a person should be tried as a crimi- ‘‘No amount described under this section shall SEC. 1174. PRIVACY OFFICER. nal defendant or should be designated as an be subject to section 3335(b) or 6503(d) of title 31, (a) IN GENERAL.—The Attorney General shall enemy combatant. designate a senior official in the Department of United States Code’’.; SEC. 1177. INCREASED PENALTIES AND EX- (6) in subsection (i)(1), by striking ‘‘State-’’ Justice to assume primary responsibility for pri- PANDED JURISDICTION FOR SEXUAL and inserting ‘‘State (where practicable)-’’; and vacy policy. ABUSE OFFENSES IN CORRECTIONAL (7) by striking subsection (i)(2) and inserting: (b) RESPONSIBILITIES.—The responsibilities of FACILITIES. ‘‘(2) REPORT.—The Attorney General shall such official shall include advising the Attorney (a) EXPANDED JURISDICTION.—The following submit to Congress— General regarding— provisions of title 18, United States Code, are ‘‘(A) a report, by not later than 6 months after (1) appropriate privacy protections, relating to each amended by inserting ‘‘or in any prison, the date of enactment of this Act, that provides the collection, storage, use, disclosure, and secu- institution, or facility in which persons are held national estimates of the nature and extent of rity of personally identifiable information, with in custody by direction of or pursuant to a con- recidivism (with an emphasis on interstate re- respect to the Department’s existing or proposed tract or agreement with the Attorney General’’ cidivism) by State inmates convicted of murder, information technology and information sys- after ‘‘in a Federal prison,’’: rape, and dangerous sexual offenses; tems; (1) Subsections (a) and (b) of section 2241. ‘‘(B) a report, by not later than October 1, (2) privacy implications of legislative and reg- (2) The first sentence of subsection (c) of sec- 2007, and October 1 of each year thereafter, that ulatory proposals affecting the Department and tion 2241. provides statistical analysis and criminal his- involving the collection, storage, use, disclosure, (3) Section 2242. tory profiles of interstate recidivists identified in and security of personally identifiable informa- (4) Subsections (a) and (b) of section 2243. any State applications under this section; and tion; (5) Subsections (a) and (b) of section 2244.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.026 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12119

(b) INCREASED PENALTIES.— Attorney General to carry out this section the striking paragraphs (1) through (6) and insert- (1) SEXUAL ABUSE OF A WARD.—Section 2243(b) following amounts, to remain available until ex- ing the following: of such title is amended by striking ‘‘one year’’ pended: ‘‘(1) $20,000,000 for fiscal year 2006; and inserting ‘‘five years’’. (1) $7,500,000 for fiscal year 2006; ‘‘(2) $20,000,000 for fiscal year 2007; (2) ABUSIVE SEXUAL CONTACT.—Section 2244 of (2) $7,500,000 for fiscal year 2007; and ‘‘(3) $20,000,000 for fiscal year 2008; such title is amended by striking ‘‘six months’’ (3) $10,000,000 for fiscal year 2008. ‘‘(4) $20,000,000 for fiscal year 2009; and and inserting ‘‘two years’’ in each of sub- SEC. 1184. SEARCH GRANTS. ‘‘(5) $20,000,000 for fiscal year 2010.’’. sections (a)(4) and (b). (a) IN GENERAL.—Pursuant to subpart 1 of SEC. 1189. NATIONAL TRAINING CENTER. SEC. 1178. EXPANDED JURISDICTION FOR CON- part E of title I of the Omnibus Crime Control (a) IN GENERAL.—The Attorney General may TRABAND OFFENSES IN CORREC- and Safe Streets Act of 1968, the Attorney Gen- use the services of the National Training Center TIONAL FACILITIES. eral may make grants to SEARCH, the National in Sioux City, Iowa, to utilize a national ap- Section 1791(d)(4) of title 18, United States Consortium for Justice Information and Statis- proach to bring communities and criminal jus- Code, is amended by inserting ‘‘or any prison, tics, to carry out the operations of the National tice agencies together to receive training to con- institution, or facility in which persons are held Technical Assistance and Training Program. trol the growing national problem of meth- in custody by direction of or pursuant to a con- (b) AUTHORIZATION OF APPROPRIATIONS.— amphetamine, poly drugs and their associated tract or agreement with the Attorney General’’ There are authorized to be appropriated to the crimes. The National Training Center in Sioux after ‘‘penal facility’’. Attorney General to carry out this section City, Iowa, seeks a comprehensive approach to SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO $4,000,000 for each of fiscal years 2006 through control and reduce methamphetamine traf- CONTINUE PRELIMINARY HEARING. 2009. ficking, production and usage through training. The second sentence of section 3060(c) of title SEC. 1185. REAUTHORIZATION OF LAW ENFORCE- (b) AUTHORIZATION OF APPROPRIATIONS.— 18, United States Code, is amended to read as MENT TRIBUTE ACT. There are authorized to be appropriated to the follows: ‘‘In the absence of such consent of the Section 11001 of Public Law 107–273 (42 U.S.C. Attorney General to carry out this section the accused, the judge or magistrate judge may ex- 15208; 116 Stat. 1816) is amended in subsection following amounts, to remain available until ex- tend the time limits only on a showing that ex- (i) by striking ‘‘2006’’ and inserting ‘‘2009’’. pended: traordinary circumstances exist and justice re- SEC. 1186. AMENDMENT REGARDING BULLYING (1) $2,500,000 for fiscal year 2006. quires the delay.’’. AND GANGS. (2) $3,000,000 for fiscal year 2007. SEC. 1180. TECHNICAL CORRECTIONS RELATING Paragraph (13) of section 1801(b) of the Omni- (3) $3,000,000 for fiscal year 2008. TO STEROIDS. bus Crime Control and Safe Streets Act of 1968 (4) $3,000,000 for fiscal year 2009. Section 102(41)(A) of the Controlled Sub- (42 U.S.C. 3796ee(b)) is amended to read as fol- SEC. 1190. SENSE OF CONGRESS RELATING TO stances Act (21 U.S.C. 802(41)(A)), as amended lows: ‘‘GOOD TIME’’ RELEASE. ‘‘(13) establishing and maintaining account- by the Anabolic Steroid Control Act of 2004 It is the sense of Congress that it is important ability-based programs that are designed to en- (Public law 108–358), is amended by— to study the concept of implementing a ‘‘good (1) striking clause (xvii) and inserting the fol- hance school safety, which programs may in- time’’ release program for non-violent criminals lowing: clude research-based bullying, cyberbullying, in the Federal prison system. ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3- and gang prevention programs;’’. SEC. 1191. PUBLIC EMPLOYEE UNIFORMS. one;’’; and SEC. 1187. TRANSFER OF PROVISIONS RELATING (2) striking clause (xliv) and inserting the fol- TO THE BUREAU OF ALCOHOL, TO- (a) IN GENERAL.—Section 716 of title 18, lowing: BACCO, FIREARMS, AND EXPLO- United States Code, is amended— ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy- SIVES. (1) by striking ‘‘police badge’’ each place it [5α]-androst-2-eno[3,2-c]-pyrazole);’’. (a) ORGANIZATIONAL PROVISION.—Part II of appears in subsections (a) and (b) and inserting SEC. 1181. PRISON RAPE COMMISSION EXTEN- title 28, United States Code, is amended by add- ‘‘official insignia or uniform’’; SION. ing at the end the following new chapter: (2) in each of paragraphs (2) and (4) of sub- Section 7 of the Prison Rape Elimination Act ‘‘CHAPTER 40A—BUREAU OF ALCOHOL, section (a), by striking ‘‘badge of the police’’ of 2003 (42 U.S.C. 15606) is amended in sub- TOBACCO, FIREARMS, AND EXPLOSIVES and inserting ‘‘official insignia or uniform’’; section (d)(3)(A) by striking ‘‘2 years’’ and in- ‘‘Sec (3) in subsection (b)— serting ‘‘3 years’’. ‘‘599A. Bureau of Alcohol, Tobacco, Firearms, (A) by striking ‘‘the badge’’ and inserting SEC. 1182. LONGER STATUTE OF LIMITATION FOR and Explosives ‘‘the insignia or uniform’’; HUMAN TRAFFICKING-RELATED OF- ‘‘599B. Personnel management demonstration (B) by inserting ‘‘is other than a counterfeit FENSES. project’’. insignia or uniform and’’ before ‘‘is used or is intended to be used’’; and (a) IN GENERAL.—Chapter 213 of title 18, (b) TRANSFER OF PROVISIONS.—The section United States Code, is amended by adding at the heading for, and subsections (a), (b), (c)(1), and (C) by inserting ‘‘is not used to mislead or de- end the following new section: (c)(3) of, section 1111, and section 1115, of the ceive, or’’ before ‘‘is used or intended’’; ‘‘§ 3298. Trafficking-related offenses Homeland Security Act of 2002 (6 U.S.C. 531(a), (4) in subsection (c)— (A) by striking ‘‘and’’ at the end of paragraph (b), (c)(1), and (c)(3), and 533) are hereby trans- ‘‘No person shall be prosecuted, tried, or pun- (1); ferred to, and added at the end of chapter 40A ished for any non-capital offense or conspiracy (B) by striking the period at the end of para- of such title, as added by subsection (a) of this to commit a non-capital offense under section graph (2) and inserting ‘‘; and’’; section. 1581 (Peonage; Obstructing Enforcement), 1583 (C) by adding at the end the following: (Enticement into Slavery), 1584 (Sale into Invol- (c) CONFORMING AMENDMENTS.— (1) Such section 1111 is amended— ‘‘(3) the term ‘official insignia or uniform’ untary Servitude), 1589 (Forced Labor), 1590 means an article of distinctive clothing or insig- (Trafficking with Respect to Peonage, Slavery, (A) by striking the section heading and insert- ing the following: nia, including a badge, emblem or identification Involuntary Servitude, or Forced Labor), or 1592 card, that is an indicium of the authority of a ‘‘§ 599A. Bureau of alcohol, tobacco, firearms, (Unlawful Conduct with Respect to Documents public employee; and Explosives’’; in furtherance of Trafficking, Peonage, Slavery, ‘‘(4) the term ‘public employee’ means any of- Involuntary Servitude, or Forced Labor) of this and ficer or employee of the Federal Government or (B) in subsection (b)(2), by inserting ‘‘of sec- title or under section 274(a) of the Immigration of a State or local government; and tion 1111 of the Homeland Security Act of 2002 and Nationality Act unless the indictment is ‘‘(5) the term ‘uniform’ means distinctive (as enacted on the date of the enactment of such found or the information is instituted not later clothing or other items of dress, whether real or Act)’’ after ‘‘subsection (c)’’, than 10 years after the commission of the of- counterfeit, worn during the performance of of- fense.’’. and such section heading and such subsections ficial duties and which identifies the wearer as (b) CLERICAL AMENDMENT.—The table of sec- (as so amended) shall constitute section 599A of a public agency employee.’’; and tions at the beginning of such chapter is amend- such title. (5) by adding at the end the following: ed by adding at the end the following new item: (2) Such section 1115 is amended by striking ‘‘(d) It is a defense to a prosecution under this ‘‘3298. Trafficking-related offenses’’. the section heading and inserting the following: section that the official insignia or uniform is (c) MODIFICATION OF STATUTE APPLICABLE TO ‘‘§ 599B. Personnel Management demonstra- not used or intended to be used to mislead or de- OFFENSE AGAINST CHILDREN.—Section 3283 of tion project’’, ceive, or is a counterfeit insignia or uniform and title 18, United States Code, is amended by in- and such section (as so amended) shall con- is used or is intended to be used exclusively— serting ‘‘, or for ten years after the offense, stitute section 599B of such title. ‘‘(1) for a dramatic presentation, such as a whichever is longer’’ after ‘‘of the child’’. (d) CLERICAL AMENDMENT.—The chapter theatrical, film, or television production; or SEC. 1183. USE OF CENTER FOR CRIMINAL JUS- analysis for such part is amended by adding at ‘‘(2) for legitimate law enforcement pur- TICE TECHNOLOGY. the end the following new item: poses.’’; and (a) IN GENERAL.—The Attorney General may ‘‘40A. Bureau of Alcohol, Tobacco, (6) in the heading for the section, by striking use the services of the Center for Criminal Jus- Firearms, and Explosives2599A’’... ‘‘POLICE BADGES’’ and inserting ‘‘PUBLIC tice Technology, a nonprofit ‘‘center of excel- SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EMPLOYEE INSIGNIA AND UNIFORM’’. lence’’ that provides technology assistance and EDUCATION AND TRAINING (b) CONFORMING AMENDMENT TO TABLE OF expertise to the criminal justice community. PROJECTS PROGRAM. SECTIONS.—The item in the table of sections at (b) AUTHORIZATION OF APPROPRIATIONS.— Section 32401(b) of the Violent Crime Control the beginning of chapter 33 of title 18, United There are authorized to be appropriated to the Act of 1994 (42 U.S.C. 13921(b)) is amended by States Code, relating to section 716 is amended

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.026 H17DEPT1 H12120 CONGRESSIONAL RECORD — HOUSE December 17, 2005 by striking ‘‘Police badges’’ and inserting ‘‘Pub- (B) Whether there are States, or political sub- SEC. 1198. TRANSPORTATION AND SUBSISTENCE lic employee insignia and uniform’’. divisions of a State, that have received com- FOR SPECIAL SESSIONS OF DIS- (c) DIRECTION TO SENTENCING COMMISSION.— pensation under section 241(i) of the Immigra- TRICT COURTS. The United States Sentencing Commission is di- tion and Nationality Act (8 U.S.C. 1231(i)) and (a) TRANSPORTATION AND SUBSISTENCE.—Sec- rected to make appropriate amendments to sen- that have in effect a policy that violates section tion 141(b) of title 28, United States Code, as tencing guidelines, policy statements, and offi- 642 of the Illegal Immigration Reform and Immi- added by section 2(b) of Public Law 109–63, is cial commentary to assure that the sentence im- grant Responsibility Act of 1996 (8 U.S.C. 1373). amended by adding at the end the following: posed on a defendant who is convicted of a Fed- (C) The number of criminal offenses that have ‘‘(5) If a district court issues an order exer- eral offense while wearing or displaying insig- been committed by aliens unlawfully present in cising its authority under paragraph (1), the nia and uniform received in violation of section the United States after having been appre- court shall direct the United States marshal of 716 of title 18, United States Code, reflects the hended by States or local law enforcement offi- the district where the court is meeting to furnish gravity of this aggravating factor. cials for a criminal offense and subsequently transportation and subsistence to the same ex- SEC. 1192. OFFICIALLY APPROVED POSTAGE. being released without being referred to the De- tent as that provided in sections 4282 and 4285 Section 475 of title 18, United States Code, is partment of Homeland Security for removal from of title 18.’’. amended by adding at the end the following: the United States. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Nothing in this section applies to evidence of (D) The number of aliens described in sub- There are authorized to be appropriated such postage payment approved by the United States paragraph (C) who were released because the sums as may be necessary to carry out para- Postal Service.’’. State or political subdivision lacked space or graph (5) of section 141(b) of title 28, United States Code, as added by subsection (a) of this SEC. 1193. AUTHORIZATION OF ADDITIONAL AP- funds for detention of the alien. PROPRIATIONS. (2) IDENTIFICATION.—In the report submitted section. In addition to any other amounts authorized under paragraph (1), the Inspector General of SEC. 1199. YOUTH VIOLENCE REDUCTION DEM- by law, there are authorized to be appropriated the United States Department of Justice— ONSTRATION PROJECTS. for grants to the American Prosecutors Research (A) shall include a list identifying each State (a) ESTABLISHMENT OF YOUTH VIOLENCE RE- Institute under section 214A of the Victims of or political subdivision of a State that is deter- DUCTION DEMONSTRATION PROJECTS.— Child Abuse Act of 1990 (42 U.S.C. 13003) mined to be described in subparagraph (A) or (1) IN GENERAL.—The Attorney General shall $7,500,000 for each of fiscal years 2006 through (B) of paragraph (1); and make up to 5 grants for the purpose of carrying 2010. (B) shall include a copy of any written policy out Youth Violence Demonstration Projects to determined to be described in subparagraph (B). reduce juvenile and young adult violence, homi- SEC. 1194. ASSISTANCE TO COURTS. cides, and recidivism among high-risk popu- The chief judge of each United States district SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM. lations. court is encouraged to cooperate with requests Section 108 of the PROTECT Act (42 U.S.C. (2) ELIGIBLE ENTITIES.—An entity is eligible from State and local authorities whose oper- 5119a note) is amended— for a grant under paragraph (1) if it is a unit of ations have been significantly disrupted as a re- (1) in subsection (a)— local government or a combination of local gov- sult of Hurricane Katrina or Hurricane Rita to (A) in paragraph (2)(B), by striking ‘‘A volun- ernments established by agreement for purposes provide accommodations in Federal facilities for teer organization in a participating State may of undertaking a demonstration project. State and local courts to conduct their pro- not submit background check requests under (b) SELECTION OF GRANT RECIPIENTS.— ceedings. paragraph (3).’’; (1) AWARDS.—The Attorney General shall SEC. 1195. STUDY AND REPORT ON CORRELATION (B) in paragraph (3)— award grants for Youth Violence Reduction BETWEEN SUBSTANCE ABUSE AND (i) in subparagraph (A), by striking ‘‘a 30- DOMESTIC VIOLENCE AT DOMESTIC Demonstration Projects on a competitive basis. month’’ and inserting ‘‘a 60-month’’; (2) AMOUNT OF AWARDS.—No single grant VIOLENCE SHELTERS. (ii) in subparagraph (A), by striking ‘‘100,000’’ The Secretary of Health and Human Services award made under subsection (a) shall exceed and inserting ‘‘200,000’’; and $15,000,000 per fiscal year. shall carry out a study on the correlation be- (iii) by striking subparagraph (B) and insert- tween a perpetrator’s drug and alcohol abuse (3) APPLICATION.—An application for a grant ing the following: under paragraph (1) shall be submitted to the and the reported incidence of domestic violence ‘‘(B) PARTICIPATING ORGANIZATIONS.— Attorney General in such a form, and con- at domestic violence shelters. The study shall ‘‘(i) ELIGIBLE ORGANIZATIONS.—Eligible orga- taining such information and assurances, as the cover fiscal years 2006 through 2008. Not later nizations include— than February 2009, the Secretary shall submit ‘‘(I) the Boys and Girls Clubs of America; Attorney General may require, and at a min- to Congress a report on the results of the study. ‘‘(II) the MENTOR/National Mentoring Part- imum shall propose— (A) a program strategy targeting areas with SEC. 1196. REAUTHORIZATION OF STATE CRIMI- nership; NAL ALIEN ASSISTANCE PROGRAM. ‘‘(III) the National Council of Youth Sports; the highest incidence of youth violence and (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- and homicides; tion 241(i)(5) of the Immigration and Nationality ‘‘(IV) any nonprofit organization that pro- (B) outcome measures and specific objective Act (8 U.S.C. 1231(i)(5)) is amended by striking vides care, as that term is defined in section 5 of indicia of performance to assess the effectiveness ‘‘appropriated’’ and all that follows through the the National Child Protection Act of 1993 (42 of the program; and period and inserting the following: ‘‘appro- U.S.C. 5119c), for children. (C) a plan for evaluation by an independent priated to carry out this subsection— ‘‘(ii) PILOT PROGRAM.—The eligibility of an third party. ‘‘(A) $750,000,000 for fiscal year 2006; organization described in clause (i)(IV) to par- (4) DISTRIBUTION.—In making grants under ‘‘(B) $850,000,000 for fiscal year 2007; and ticipate in the pilot program established under this section, the Attorney General shall ensure ‘‘(C) $950,000,000 for each of the fiscal years this section shall be determined by the National the following: 2008 through 2011.’’. Center for Missing and Exploited Children, with (A) No less than 1 recipient is a city with a (b) LIMITATION ON USE OF FUNDS.—Section the rejection or concurrence within 30 days of population exceeding 1,000,000 and an increase 241(i)(6) of the Immigration and Nationality Act the Attorney General, according to criteria es- of at least 30 percent in the aggregated juvenile (8 U.S.C. 1231(i)(6)) is amended to read as fol- tablished by such Center, including the poten- and young adult homicide victimization rate lows: tial number of applicants and suitability of the during calendar year 2005 as compared to cal- ‘‘(6) Amounts appropriated pursuant to the organization to the intent of this section. If the endar year 2004. authorization of appropriations in paragraph Attorney General fails to reject or concur within (B) No less than one recipient is a nonmetro- (5) that are distributed to a State or political 30 days, the determination of the National Cen- politan county or group of counties with per subdivision of a State, including a municipality, ter for Missing and Exploited Children shall be capita arrest rates of juveniles and young adults may be used only for correctional purposes.’’. conclusive.’’; for serious violent offenses that exceed the na- (c) STUDY AND REPORT ON STATE AND LOCAL (iv) by striking subparagraph (C) and insert- tional average for nonmetropolitan counties by ASSISTANCE IN INCARCERATING UNDOCUMENTED ing the following: at least 5 percent. CRIMINAL ALIENS.— ‘‘(C) APPLICANTS FROM PARTICIPATING ORGA- (5) CRITERIA.—In making grants under this (1) IN GENERAL.—Not later than 1 year after NIZATIONS.—Participating organizations may re- section, the Attorney General shall give pref- the date of the enactment of this Act, the In- quest background checks on applicants for posi- erence to entities operating programs that meet spector General of the United States Department tions as volunteers and employees who will be the following criteria: of Justice shall perform a study, and report to working with children or supervising volun- (A) A program focus on the Committee on the Judiciary of the United teers.’’; (i) reducing youth violence and homicides, States House of Representatives and the Com- (v) in subparagraph (D), by striking ‘‘the or- with an emphasis on juvenile and young adult mittee on the Judiciary of the United States ganizations described in subparagraph (C)’’ and probationers and other juveniles and young Senate on the following: inserting ‘‘participating organizations’’; and adults who have had or are likely to have con- (A) Whether there are States, or political sub- (vi) in subparagraph (F), by striking ‘‘14 busi- tact with the juvenile justice system; divisions of a State, that have received com- ness days’’ and inserting ‘‘10 business days’’; (ii) fostering positive relationships between pensation under section 241(i) of the Immigra- (2) in subsection (c)(1), by striking ‘‘and 2005’’ program participants and supportive adults in tion and Nationality Act (8 U.S.C. 1231(i)) and and inserting ‘‘through 2008’’; and the community; and are not fully cooperating in the Department of (3) in subsection (d)(1), by adding at the end (iii) accessing comprehensive supports for pro- Homeland Security’s efforts to remove from the the following: gram participants through coordinated commu- United States undocumented criminal aliens (as ‘‘(O) The extent of participation by eligible or- nity referral networks, including job opportuni- defined in paragraph (3) of such section). ganizations in the state pilot program.’’. ties, educational programs, counseling services,

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 6333 E:\CR\FM\A17DE7.027 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12121 substance abuse programs, recreational opportu- county, township, or city, that is a unit of local I am proud to be here today to pro- nities, and other services; government as determined by the Secretary of vide Congress with legislation to again (B) A program goal of almost daily contacts Commerce for general statistical purposes. give direction to the Department of with and supervision of participating juveniles (2) JUVENILE.—The term ‘‘juvenile’’ means an Justice and the important programs it and young adults through small caseloads and individual who is 17 years of age or younger. a coordinated team approach among case man- (3) YOUNG ADULT.—The term ‘‘young adult’’ administers. agers drawn from the community, probation of- means an individual who is 18 through 24 years DOJ’s grant programs are an impor- ficers, and police officers; of age. tant tool in the fight against crime in (C) The use of existing structures, local gov- (g) AUTHORIZATION OF APPROPRIATIONS.— America. Programs such as Byrne, ernment agencies, and nonprofit organizations There are authorized to be appropriated to carry COPS and STOP provide grants to to operate the program; out this section $50,000,000 for fiscal year 2007 State and local governments to focus (D) Inclusion in program staff of individuals and such sums as may be necessary for each of on current crime issues affecting our who live or have lived in the community in fiscal years 2008 through 2009, to remain avail- communities. which the program operates; have personal ex- able until expended. periences or cultural competency that build Because there are limited resources, The SPEAKER pro tempore. Pursu- continuous congressional oversight of credibility in relationships with program partici- ant to the rule, the gentleman from pants; and will serve as a case manager, inter- these programs ensures that the tax- mediary, and mentor; Wisconsin (Mr. SENSENBRENNER) and payers’ money is spent appropriately. (E) Fieldwork and neighborhood outreach in the gentleman from Michigan (Mr. This bill will ensure accountability communities where the young violent offenders CONYERS) each will control 20 minutes. from the Department with a number of live, including support of the program from local The Chair recognizes the gentleman provisions designed to ensure grant re- public and private organizations and commu- from Wisconsin. cipients are meeting the conditions es- nity members; GENERAL LEAVE (F) Imposition of graduated probation sanc- tablished by Congress for the pro- tions to deter violent and criminal behavior. Mr. SENSENBRENNER. Mr. Speak- grams. (G) A record of program operation and effec- er, I ask unanimous consent that all The bill includes an office of audit, tiveness evaluation over a period of at least five Members may have 5 legislative days assessment and management to mon- years prior to the date of enactment of this Act; within which to revise and extend their itor grants and a community capacity (H) A program structure that can serve as a remarks and include extraneous mate- development office to assist grant ap- model for other communities in addressing the rial on the bill H.R. 3402 currently plicants and grantees in meeting grant problem of youth violence and juvenile and under consideration. conditions. young adult recidivism. The SPEAKER pro tempore. Is there In addition to the numerous over- (c) AUTHORIZED ACTIVITIES.—Amounts paid to an eligible entity under a grant award may be objection to the request of the gen- sight tools provided in the bill, there used for the following activities: tleman from Wisconsin? are a number of important reforms to (1) Designing and enhancing program activi- There was no objection. grant programs and provisions de- ties; Mr. SENSENBRENNER. Mr. Speak- signed to improve those programs and (2) Employing and training personnel. er, I yield myself such time as I may offices within the Department. The bill (3) Purchasing or leasing equipment. consume. consolidates the Local Law Enforce- (4) Providing services and training to program Mr. Speaker, I rise in strong support participants and their families. ment Block Grant Program and the (5) Supporting related law enforcement and of H.R. 3402, the Department of Justice Byrne grant program into one program probation activities, including personnel costs. Appropriations Authorization Act for with the same purposes, to eliminate (6) Establishing and maintaining a system of fiscal years 2006 through 2009. duplication and improve the adminis- program records. As chairman of the Committee on the tration of the grants. (7) Acquiring, constructing, expanding, ren- Judiciary, I am proud to support this The bill preserves the COPS program, ovating, or operating facilities to support the comprehensive package negotiated be- but addresses concerns expressed by program. tween the House and Senate to reau- many Members about the previous use (8) Evaluating program effectiveness. thorize vital programs within the De- (9) Undertaking other activities determined by of these grants. H.R. 3402 also allows the Attorney General as consistent with the pur- partment of Justice and to combat do- grantees greater flexibility in the use poses and requirements of the demonstration mestic and dating violence, sexual as- of these funds. program. sault, and stalking. The authorization also reauthorizes (d) EVALUATION AND REPORTS.— I am grateful to the Committees on DOJ programs that will expire or have (1) INDEPENDENT EVALUATION.—The Attorney Financial Services, Energy and Cus- expired, such as the Juvenile Account- General may use up to $500,000 of funds appro- tomers, and Education and the Work- ability Block Grant Program and the priated annually under this such section to— force, as well as all of the members of Sex Offender Management Program. It (A) prepare and implement a design for in- terim and overall evaluations of performance the Committee on the Judiciary, for also includes some very important and progress of the funded demonstration working with us to make it possible to modifications to the criminal code projects; bring this legislation up today. such as extending the statute of limita- (B) provide training and technical assistance I would also like to thank the origi- tions for human trafficking offenses to grant recipients; and nal bipartisan cosponsors of this bill, and applying increased criminal pen- (C) disseminate broadly the information gen- Judiciary Committee Ranking Member alties to prison guards who sexually erated and lessons learned from the operation of CONYERS, Representatives GREEN of abuse persons in their custody. the demonstration projects. Wisconsin, SOLIS, BROWN-WAITE, Titles I through IX of this bill focus (2) REPORTS TO CONGRESS.—Not later than 120 days after the last day of each fiscal year for SCHIFF, COBLE, LOFGREN, and WEINER on reauthorizing, expanding, and im- which 1 or more demonstration grants are for all of their efforts. proving programs that were established awarded, the Attorney General shall submit to Authorization is an important over- in the Violence Against Women Act of Congress a report which shall include— sight tool that allows Congress and 1994 and reauthorized in 2000. The bill (A) a summary of the activities carried out committees of jurisdiction to create, reauthorizes some important core pro- with such grants; amend, extend, and set priorities for grams such as STOP grants and grants (B) an assessment by the Attorney General of programs within executive agencies. to reduce campus violence. These pro- the program carried out; and Despite the law’s requirement for reg- (C) such other information as the Attorney grams have been successful in combat- General considers appropriate. ular congressional authorization for ting domestic violence and changing (e) FEDERAL SHARE.— the Justice Department, until just re- attitudes toward violence in the family (1) IN GENERAL.—The Federal share of a grant cently DOJ has not been formerly au- in America. awarded under this Act shall not exceed 90 per- thorized by Congress since 1980. The reauthorization of VAWA in 2005 cent of the total program costs. The Committee on the Judiciary will continue to change attitudes to- (2) NON-FEDERAL SHARE.—The non-Federal took action to rectify the situation in ward domestic violence and will expand share of such cost may be provided in cash or the 107th Congress and reauthorized its focus to change attitudes toward in-kind. (f) DEFINITIONS.—In this section: the programs within the Department of other violent crimes, including dating (1) UNIT OF LOCAL GOVERNMENT.—The term Justice. We tried again last Congress; violence, sexual assault, and stalking. ‘‘unit of local government’’ means a county, however, the other body did not take Because these are crimes that affect township, city, or political subdivision of a up our bipartisan House-passed bill. both genders, it is important to note

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.027 H17DEPT1 H12122 CONGRESSIONAL RECORD — HOUSE December 17, 2005 that the text of the legislation speci- LEAHY, SPECTER, for working on this I know many of us, when we went fies that programs addressing these on their side; and we have all come to- back to our districts, heard from var- problems can serve both female and gether with what I think is a very im- ious women’s groups, various volun- male victims. portant measure. teers in domestic violence shelters, and Additionally, this legislation speci- Now, let me quickly get to three they were fearful that we were going to fies that the same rules apply to these parts of this that are particularly im- end without continuing the Violence funds that apply to other Federal grant portant to me. Against Women Act. I am very proud programs. It is illegal to use grant b 1700 that it is in there. funds devoted to these programs for po- While domestic programs would have For many years, I have been urging litical activities or lobbying. It is the continued without this program today, that in this program of Violence intent of Congress that these funds be had VAWA not reauthorized, the new Against Women Act, we create specifi- used to provided services to victims ideas and some of the great programs cally tailored programs to address the and trained personnel who deal with in there and improvements would not needs of communities of color. It draws these violent crimes. have been instituted for quite some on several Violence Against Women The Department of Justice is ex- time into the future. As I said, my con- Act programs and finally ensures that pected to enforce that provision for all stituents involved in the fight against we help people who either never receive its grants and monitor grant activities domestic violence are so happy that we the services or receive very few of to ensure compliance, not only with were able to come to an agreement on them, and inserting this language into this condition but all conditions of the this. the bill is a monumental victory for When Members go back to their dis- grants. communities of color fighting violence The legislation will aid Congress in tricts during the weekends and the against women across this country. holidays, it is going to spread the word continuing to fulfill our obligation to Secondly, the bill provides funding the taxpayers to be good stewards of that Congress has kept its word to for various offices within the depart- women and reauthorized the Violence their money. ment. In particular, we build up the Of- Mr. Speaker, I encourage my col- Against Women Act. It is my hope that fice of Inspector General, putting in if Members of Congress continue down leagues to support this bipartisan leg- over $70 million a year. This office has islation. this path in raising awareness about been diligent in overseeing the depart- the many types of violence faced by Mr. Speaker, I would like to acknowledge ment’s war on terrorism, issuing re- the hard work of the following House, Senate, women, men, young and old, from all ports on 9/11 detainees and pushing the walks of life, that we will eventually and Administration staff who spent long hours department to change its procedures in negotiating this bill: rid our Nation of this appalling crime. many of the ways they handle ter- Vicious acts of violence can be com- Senate Staff: Mike O’Neill, Brett Tolman, rorism matters. Lisa Owings, Joe Jacquot, and Juria Jones— bated effectively through education, The third point that I consider ex- support networks, increased law en- Senator SPECTER; Bruce Cohen, Tara Magner, tremely important is that our col- forcement programs and family coun- and Jessica Berry—Senator LEAHY; Louisa league from California, Adam Schiff, seling. Terrell—Senator BIDEN; Cindy Hayden—Sen- on the Judiciary Committee, was able It has been an honor working with all ator SESSIONS; Janice Kaguyutan—Senator to get language in that requires the At- those involved in this very important KENNEDY. torney General to report to Congress legislation, and I certainly encourage House Staff: Phil Kiko, Brian Benczkowski, on the number of persons detained on my colleagues to support this very im- Katy Crooks, George Fishman, and Cindy suspicion of terrorism. If Members do portant piece of legislation. Blackston—Congressman SENSENBRENNER; not think that is an important subject, I, again, commend the chairman for Cassie Bevan—Congressman DELAY; Perry then we need to hold a special briefing his countless hours, and the committee Apelbaum, Sampak Garg, and Stacey for anybody that wants more informa- members and the people who served on Dansky—Congressman CONYERS. tion on it. It has been a highly con- the conference committee, the count- Department of Justice: William Moschella troversial issue in the Judiciary Com- less number of hours that they worked and Sarah Roland. mittee, notwithstanding the fact that to come to this agreement. I would also like to express my thanks to everybody from the Attorney General Mr. CONYERS. Mr. Speaker, I yield 2 the following groups for their efforts in facili- on down has been dancing around these minutes to the gentleman from Wash- tating the passage of this legislation: Break subjects. ington (Mr. INSLEE). the Cycle, Girls Incorporated, Family Violence We also reauthorize the COPS office (Mr. INSLEE asked and was given Prevention Fund, Legal Momentum, National that the Clinton administration cre- permission to revise and extend his re- Alliance to End Sexual Violence, National ated, and the law enforcement people marks.) Center for Victims of Crime, National Coalition have been very proud of that fact. Mr. INSLEE. Mr. Speaker, the worst Against Domestic Violence, National Congress So for all of those reasons and more, thing a parent can endure is the loss of of American Indians, National Network to End I urge the House to, as close to una- a child. And it is important for me, in Domestic Violence, National Resource Center nimity as we may be able to come on the context of this bill, to share the to End Violence Against Native Women, and this, pass this measure. story of Lane and Patti Judson, who Sisters of Color Ending Sexual Assault. Mr. Speaker, I reserve the balance of lost their daughter, Crystal, to domes- Mr. Speaker, I reserve the balance of my time. tic violence and have turned their sad- my time. Mr. SENSENBRENNER. Mr. Speak- ness into a will to help other families. Mr. CONYERS. Mr. Speaker, I yield er, I yield 3 minutes to the gentle- Crystal was murdered by her hus- myself such time as I may consume. woman from Florida (Ms. GINNY band, who was chief of police in Ta- Mr. Speaker, I began on a note of BROWN-WAITE). coma, Washington, at the time. We all congratulating the chairman of this Ms. GINNY BROWN-WAITE of Flor- know what obstacles domestic violence committee who has been the first ida. Mr. Speaker, I thank Chairman victims face. But imagine the choices a chairman to have began to get reau- SENSENBRENNER very much for his lead- victim faces when their abuser is in the thorizations on the Department of Jus- ership on this bill. very profession that is charged to pro- tice. I have been working on that for I rise today very proud that the tect her. many years prior to him succeeding, House is considering the conference re- Congress today took steps to address but this is the first time that we have port of the Violence Against Women these circumstances and, for the first had them. This is the second time that Act reauthorization and so happy that time in the country’s history, included we have had the authorization. it was recently agreed to by the Sen- a grant program in the reauthorization What makes this bill even more im- ate. of the Violence Against Women Act to portant to me is that we have a reau- I would like to specifically thank a help law enforcement agencies develop thorization of the Violence Against champion of this, and that is Chairman procedures for dealing with domestic Women Act of 1994 in it as well. I con- SENSENBRENNER, for his excellent lead- crimes committed by their own em- gratulate a great number of our col- ership and hard work to make sure ployees as well as train special advo- leagues in the Senate, Senators BIDEN, that this happened this year. cates to assist victims like Crystal and

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.044 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12123 her family. Women who have been vic- I hope that we can address these I just want to say, again, I commend tims of domestic violence should not shortcomings in the future. But, of Mr. CONYERS and Mr. SENSENBRENNER have to stand alone, and after today, course, I do not want to detract from for a bill that does a great deal. It they will not have to. celebrating the reauthorization of what waited until the last moment, but it I thank the Judiciary Committee we are doing today. It is something was well worth the wait, and I thank chair and ranking member; my col- that we can be proud of. And I want to the gentlemen. leagues from Washington; advocacy especially thank HILDA SOLIS, who is Mr. CONYERS. Mr. Speaker, I yield groups; and, most importantly, Lane the cochair, I believe, of the Women’s 31⁄2 minutes to the distinguished gen- and Patti Judson for making this pro- Caucus, who put so much time and ef- tlewoman from Texas (Ms. JACKSON- gram a reality. Unfortunately, domes- fort into this along with so many other LEE), subcommittee ranking member. tic violence continues to be in all of Members of the House. Ms. JACKSON-LEE of Texas. Mr. our communities today. And the Mr. CONYERS. Mr. Speaker, I yield 2 Speaker, if there is a positive element Judsons’ courage and conviction re- minutes to the gentleman from New to being here on the very brink of the mind all of us that we have more work York (Mr. WEINER), a member of the holiday season, on a Saturday, it is the to do toward finding new solutions to Judiciary Committee. passage of this legislation. protect families across our Nation. Mr. WEINER. Mr. Speaker, I thank I thank the ranking member for his the gentleman from Michigan for yield- From a family tragedy, the Judsons leadership. I thank Chairman SENSEN- ing me this time. have forged a strong measure to pro- BRENNER for asserting the jurisdiction The Judiciary Committee, I think, tect families across the Nation. We over the Department of Justice of the has been a font of some of the legisla- honor their diligence and the life of Judiciary Committee again and passing tion I find most troubling in the last Crystal Judson Brame. this authorization bill with the leader- session. But this is a moment that I Mr. CONYERS. Mr. Speaker, I yield 3 ship of our ranking member. want to join with my colleagues in minutes to the gentlewoman from Cali- I want to dwell on two or three commending the chairman for doing fornia (Ms. ZOE LOFGREN), the head of points. But obviously, I want to add my what, frankly, we should have down a her State delegation and member of appreciation for the women of this long time ago. Before Mr. SENSEN- the Judiciary Committee. House along with our ranking member Ms. ZOE LOFGREN of California. Mr. BRENNER took over the committee, it and chairman and our co-chair, HILDA Speaker, I am very pleased to be here was customary for us to avoid the SOLIS, and our chair of the Women’s today in support of this measure. Since tough issues that went into reauthor- Caucus for their leadership. its passage in 1994, VAWA has been a ization. But Mr. SENSENBRENNER has success, and this measure, as has been been fair and honorable in trying to b 1715 mentioned, does reauthorize the Vio- work out some of these thorny issues, I want to particularly highlight the lence Against Women Act. and I think we have shown that we can embracing of all women, including Earlier in this Congress, I introduced work together to come up with an ini- women of Indian descent, Native Amer- a comprehensive bill to reauthorize the tiative that not only managed to bring icans. Violence against Native Amer- act. It had over 120 cosponsors, and I us together but did that almost impos- ican women is very important in this would like to publicly express my sible thing, which was force the other legislation. Might I also say that I am thanks to all of the cosponsors and es- body to finally act on some of these very pleased that the COPS program pecially the women who came forward things as well. has been reauthorized and the DNA lab A couple of programs in particular with their ideas. It really was not my and the DNA integrity process has been that are worth noting: For the first bill so much as it was a compilation of promoted by this legislation because of time since 2000, we are reauthorizing all the creativity of primarily the the funding. the COPS program. More than 117,000 women of the House of Representatives But let me emphasize language that cops are on the beat in small towns and to put together a bill that really went has been offered in this legislation, and big cities throughout this country, pretty far in providing assistance to I am very glad that we may ultimately sheriffs departments, major police de- victims of domestic violence. And I get to this understanding, the sense of partments. This bill not only reauthor- want to thank the chairman and rank- Congress that we should look at imple- ing member of the Judiciary Com- izes but recognizes some of the criti- menting a good time early release pro- mittee for including most of that bill cisms of the first bill, makes the gram. in this reauthorization. Along with the money more flexible, lets police de- Let me share with you the numbers prevention programs and the housing partments use it for the things they of prisoners languishing in the Federal grants for battered women, these meas- need the most, recognizes the need to system who are nonviolent. The cost ures will help ensure that victims have pay some of the payroll for terrorism for those who are in the prison is the means to escape the cycle of do- cops in particular since September 11. $28,000, and the geriatric prisoners, 56 mestic violence and also to prevent This finally closes the loophole in the and over, who are nonviolent are cost- that cycle from happening in the first availability of counterfeit police and ing us $80,000 per prisoner. We could ob- place. uniform badges. After years of being There are a couple of provisions in warned of the loopholes that exist, for viously in the good time early release the comprehensive bill that are not in- the first time under this legislation, it program language that is in this bill cluded. Most importantly, protections will be illegal to sell or to transfer a allow these people to be released, and for workers and immigrants. And I am counterfeit badge for any reason except they would be gainfully employed and hopeful that, working together later in for use in a theatrical production or for utilize a process of what we call alter- this Congress, we might be able to also legitimate law enforcement purposes. native sentencing. address those issues. Also in this legislation, we, again, for Not only because they are incarcer- We know that domestic violence and the third time, push the ball down the ated do we lose tax revenues, but we sexual assault cause harm not only field on approving the use of DNA tech- add entire families to the list of those emotionally and physically but also fi- nology. We allow those who are acquit- receiving public assistance. Not only nancially and professionally. Victims ted to expunge their samples. DNA the families, but the children. Statis- of domestic violence lose 8 million paid funding that is allocated can be used tics show as many as 70 percent of workdays each year, the equivalent of for laboratories, which it has not been those incarcerated had a parent incar- 32,000 jobs, and almost 50 percent of in the past. Aliens in detention, sam- cerated before them. What would have sexual assault survivors lose their jobs. ples can be collected from them. And happened if we would have released So we need to provide emergency perhaps the most important thing, the these individuals who have had no vio- leave, emergency benefits, unemploy- Federal statute of limitations has been lent history, they are nonviolent per- ment compensation and job protection lifted because DNA evidence very often sons incarcerated, to their families? In to address this important issue, not sits on the shelves for years and years 2002 we saw 2 million people in our just the physical harm but the finan- and years without being associated jails; 650,000 are released from incarcer- cial burden that accompanies this vio- with an individual. That statute of lim- ation to communities nationwide. lence. itations is going to be expiring. These are the real statistics.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.047 H17DEPT1 H12124 CONGRESSIONAL RECORD — HOUSE December 17, 2005 Recently, the American Bar Associa- ceive to provide legal assistance that is di- gent in overseeing the Department’s war on tion issued their findings after con- rectly related to overcoming the victimization, terrorism, issuing reports on 9/11 detainees ducting extensive research and hear- and preventing or obtaining relief for the crime and pushing the Department to change its pro- ings surrounding today’s sentencing perpetrated against them that is often critical cedures for handling terrorism suspects. guidelines. In Federal prison alone we to promoting victim safety. The bill reauthorizes the COPS office. We have over 179,000 men and women in- Furthermore, VAWA’s reauthorization cre- all know that this Clinton Administration pro- carcerated, of whom 85 percent are ates a new and badly-needed protections for gram has been increasingly vital in crime pre- first-time, nonviolent offenders. victim information collected by federal agen- vention and crime solving. That is why COPS Lengthy periods of incarceration cies and included in national databases by has received the praise of the Fraternal Order should be reserved for offenders who prohibiting grantees from disclosing such infor- of Police, the largest law enforcement organi- pose the greatest danger to the com- mation. It creates grant programs and special- zation in the country. Local policing also is the munity and who commit the most seri- ized funding for federal programs to develop backbone in our war on terrorism, as commu- ous offenses. We have the opportunity ‘‘best practices’’ for ensuring victim confiden- nity officers are more likely to know the wit- to study this issue and do it right. tiality and safety when law enforcement infor- nesses and more likely to be trusted by com- There are a number of legislative ini- mation (such as protection order issuance) is munity residents who have information about tiatives, such as Second Chance. included in federal and state databases. It also potential attacks. This bill provides over $1 bil- But the idea of providing an oppor- provides technical assistance to aid states and lion per year for this program. tunity for prisoners who are nonviolent other entities in reviewing their laws to ensure The bill also includes language offered by who have been on good time in the that privacy protections and technology issues Representative ADAM SCHIFF to require the At- prison to be able to go out to their are covered, such as electronic stalking, and torney General to report to Congress on the families, to take their families off pub- training for law enforcement on high tech elec- number of persons detained on suspicion of lic assistance and regain their dignity tronic crimes against women. It authorizes terrorism. This is important because the De- and invest in this United States by $5,000,000 per year for 2007 through 2011 to partment has thwarted congressional and judi- their work and taxes, I think, is a very be administered by the Department of Justice. cial efforts to obtain justification for terrorism positive step on behalf of this legisla- On the issue of cyberstalking, VAWA’s reau- detainees. The Department’s Office of the In- tive initiative. thorization strengthens stalking prosecution spector General found that the Department I hope my colleagues will join me, tools, by amending the Communications Act of and its components had abused terrorism sus- along with the Senate, on this long 1934 (47 U.S.C. 223(h)(1)) to expand the defi- pects, pushing them into walls, leaving them in overdue idea that there are people lan- nition of a telecommunications device to in- legal limbo, and depriving them of access to guishing in our prisons. I hope we will clude any device or software that uses the family or counsel. With these reports, elected support this legislation. It is a good, Internet and possible Internet technologies representatives can better determine whether good piece of legislation which has such as voice over internet services. This the Department is overstepping its bounds done a lot for the American people. amendment will allow federal prosecutors again. I first would like to commend Chairman SEN- more discretion in charging stalking cases that In addition, I thank the Chairman and Rank- SENBRENNER for reasserting the Judiciary occur entirely over the internet. ing Member for their cooperation in incor- Committee’s jurisdiction over the Department Before turning my attention to the Depart- porating the language of an amendment that I of Justice with this bill. In the past few years, ment of Justice Reauthorization, let me note offered that expresses a commitment of Con- the Department has become increasingly re- that VAWA reauthorization and expands the gress to continue exploring the benefits of sistant to congressional oversight, either refus- existing education, training and services grant granting ‘‘good time release’’ to non-violent ing to answer questions or answering them programs that address violence against federal incarcerated persons. This is an initia- vaguely at best. Fortunately, we worked to- women in rural areas. This provision renews tive that I have pursued for a long time and gether to address our concerns with the De- the rural VAWA program, extends direct will continue until we make real progress. The partment and arrived at a bill I feel is a suc- grants to state and local governments for serv- language of my amendment to this effect was cess. ices in rural areas and expands purpose areas passed in the 108th Congress as part of H.R. An important piece of the bill is the reau- to include community collaboration projects in 1829 and in the Subcommittee on Crime this thorization of the Violence Against Women Act rural areas and the creation or expansion of Congress as H.R. 2965. (VAWA) of 1994. This is the third time we additional victim services. New language ex- In essence, section 1190 expresses the have worked on this bill, and each time we pands the program coverage to sexual as- sense of Congress that it is important to study make dramatic improvements by using new sault, child sexual assault and stalking. It also the concept of implementing good time re- vehicles to tackle the issue. Building on work expands eligibility from rural states to rural lease policies in the federal prison system. from previous years, the Act reauthorizes communities, increasing access to rural sec- When looking at this issue we must ask our- some of the current programs that have prov- tions of otherwise highly populated states. selves how we expect our economy to survive en enormously effective, including the STOP This section authorizes $55,000,000 annually when we continue to incarcerate larger num- program—which provides state formula grants for 2007 through 2011—it is currently author- bers of nonviolent, first-time offenders, who that help fund collaboration efforts between ized at $40 million a year. pose no public safety risk. Cost per prisoner to police and prosecutors and victim services I am also pleased to see that the bill in- incarcerate in a federal prison is approximately providers—and legal assistance for victims. In cludes language on an issue I feel very $28,000 with geriatric prisoners (55 years and addition, VAWA reauthorizes the grant pro- strongly about. Section 403 of the bill man- older) costing as much as $80,000 per year. gram for legal services for protection orders dates the Attorney General to award grants to Yet, the cost of community supervision or drug and related family, criminal, immigration, ad- states for carrying out public awareness cam- court supervision is in the area of $3,000 to ministrative agency, and housing matters. It al- paigns regarding domestic violence against $5,000 per year. Furthermore, these prisoners lows victims of domestic violence, dating vio- pregnant women. Violence against pregnant could otherwise be gainfully employed under lence, stalking, and sexual assault to obtain women can include a range of behaviors such an alternative sentence, we not only lose tax access to trained attorneys and lay advocacy as hitting, pushing, kicking, sexually assault- revenues and add entire families to the list of services, particularly pro bono legal services, ing, using a weapon, and threatening violence. those receiving public assistance, but we shift when they require legal assistance as a con- Violence sometimes includes verbal or psy- the dollars being spent from local and small sequence of violence. This program has been chological abuse, stalking, or enforced social businesses to those large industries handling expanded to provide services to both adult isolation. Victims are often subjected to re- the federal contracts. In addition, we create an and youth victims. Previously authorized at peated physical or psychological abuse. This even larger group of children more at risk to $40,000,000 annually, funding is set at is a very serious issue and we must continue incarceration themselves. In addition statistics $65,000,000 annually for 2007 through 2011, to make the world aware of what these show that as many as 70 percent of those in- to be administered by the Attorney General. women are going through. carcerated had a parent incarcerated before This provision also includes an amendment to In terms of the Department of Justice the bill them. The overall negative economic impact is ensure that all legal services organizations provides funding for the various offices within just as staggering as the destructive effect on can assist any victim of domestic violence, the Department. In this regard, I would like to families and communities. sexual assault and trafficking without regard to note that it gives the Office of the Inspector Before closing, it is important that I make the victim’s immigration status. The organiza- General over $70 million for its responsibilities. note that the ABA issued their findings after tions can use any source of funding they re- In the past few years, the OIG has been dili- conducting extensive research and hearings

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 7634 Sfmt 9920 E:\CR\FM\K17DE7.050 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12125 surrounding today’s sentencing guidelines. In derstands their culture and language siderable expertise in the administration of the federal prison alone we have over 179,000 and values, we greatly increase the Public Safety Officers’ Benefits Act since its men and women incarcerated of which 85 per- chances of making a difference, not enactment in 1976, and courts have properly cent are first time, nonviolent offenders. The only in the lives of women but of their accorded the Bureau’s interpretations of the ABA recommended: ‘‘That states, territories children and also other family mem- Act great deference. and the federal government ensure that sen- bers. Among other things, H.R. 3402 clarifies stat- tencing systems provide appropriate punish- Mr. Speaker, I thank again the rank- utory provisions relating to the requirements ment without over-reliance on incarceration. ing member, Mr. CONYERS, Chairman that ‘‘rescue squad or ambulance crew’’ mem- Lengthy periods of incarceration should be re- SENSENBRENNER, and their staffs for bers be public employees, and that ‘‘enforce- served for offenders who pose the greatest working with us on a bipartisan level ment of the laws’’ refers to the criminal laws, danger to the community and who commit the to help to provide a comprehensive Vi- by making the text conform more clearly to the most serious offenses. Alternatives to incar- olence Against Women Act reauthor- legislative intention, which has been correctly ceration should be provided when offenders ization. I urge all my colleagues today reflected in the Bureau’s longstanding interpre- pose minimal risk to the community and ap- to support H.R. 3402 and put an end to tation of the Act. pear likely to benefit from rehabilitation ef- domestic violence against women in These clarifying changes should not be un- forts.’’ our country. derstood to effect any substantive change in Mr. CONYERS. Mr. Speaker, I yield 3 Mr. CONYERS. Mr. Speaker, I yield the Act, as interpreted by the Bureau. minutes to the distinguished gentle- back the balance of my time. Mr. SENSENBRENNER. Mr. Speak- woman from California (Ms. SOLIS), Mr. SENSENBRENNER. Mr. Speak- er, I yield back the balance of my time. The SPEAKER pro tempore (Mr. who is the head of the Women’s Cau- er, I yield myself the balance of my BOOZMAN). The question is on the mo- cus, and, as such, has worked hard for time. tion offered by the gentleman from many years on this project. Mr. Speaker, this is an example of Wisconsin (Mr. SENSENBRENNER) that Ms. SOLIS. Mr. Speaker, I thank our the fact that there is bipartisan and bi- the House suspend the rules and concur ranking member, and I thank Chair- cameral cooperation in this Capitol. I in the Senate amendment to the bill, man SENSENBRENNER also for the op- think that the news media would kind H.R. 3402. portunity to provide my strong support of like to ignore the fact that some- of H.R. 3402, which includes a Violence The question was taken; and (two- times we do get something done around thirds having voted in favor thereof) against Women Act reauthorization. here and do get something done that is I want to also pay tribute to the the rules were suspended and the Sen- good and that everybody agrees is ate amendment was concurred in. Women’s Caucus, the bipartisan Wom- good. en’s Caucus. We heard from GINNY A motion to reconsider was laid on So in wishing everybody a merry the table. BROWN-WAITE, who also spoke, and we christmas, happy new year, or happy f worked very diligently on this issue, holiday season, as the case may be, I and also to the advocates throughout would like to wish the news media MENTAL HEALTH BENEFITS the country who worked laboriously equal joy and hope that they report the PARITY EXTENSION for the last year on trying to seek fact that we did do something that was Mr. BOEHNER. Mr. Speaker, I move amendments that could be provided really very difficult to accomplish in to suspend the rules and pass the bill and placed into this piece of legisla- reauthorizing the Violence against (H.R. 4579) to amend title I of the Em- tion. I am very happy as cochair of the Women Act and passing only the sec- ployee Retirement Income Security Congressional Caucus For Women’s ond reauthorization of Justice Depart- Act of 1974, title XXVII of the Public Issues that we were able to work to- ment programs since 1980. Health Service Act, and the Internal gether. This is one fine accomplish- Ms. PRYCE of Ohio. Mr. Speaker, the bill Revenue Code of 1986 to extend by one ment that we can go home to our dis- before us today reauthorizes a historic piece year provisions requiring parity in the tricts with. of legislation first enacted in 1994. The Vio- application of certain limits to mental I am proud to have been able to au- lence Against Women Act has served as the health benefits. thor two provisions that were included major source of federal funding for programs The Clerk read as follows: in the final version of this very impor- to reduce rape, stalking, and domestic vio- H.R. 4579 tant act that will help women of color lence. Be it enacted by the Senate and House of Rep- and women who are victims of domes- Since this legislation was enacted, we have resentatives of the United States of America in Congress assembled, tic violence. One provision would pro- seen dramatic increases in the resources available to victims of exploitation and abuse. SECTION 1. ONE-YEAR EXTENSION FOR PROVI- vide an outreach campaign to attempt SIONS REQUIRING PARITY IN THE to service those underserved commu- Since 1995, states have passed more than APPLICATION OF CERTAIN LIMITS nities where we find a disproportionate 600 laws to combat domestic violence, sexual TO MENTAL HEALTH BENEFITS. number of women who are not in the assault, and stalking, and all states have (a) AMENDMENT TO THE EMPLOYEE RETIRE- forefront in terms of receiving this passed laws making stalking a crime. Since MENT INCOME SECURITY ACT OF 1974.—Section 712(f) of the Employee Retirement Income kind of information about prevention 1996, the National Domestic Violence Hotline has answered over 1 million calls. It receives Security Act of 1974 (29 U.S.C. 1185a(f)) is activities and domestic violence, and amended by striking ‘‘December 31, 2005’’ and also with respect to court assistance. over 16,000 calls a month and provides ac- inserting ‘‘December 31, 2006’’. Because when women enter into the cess to translators in almost 140 languages. (b) AMENDMENT TO THE PUBLIC HEALTH court, sometimes that court system is Hundreds of companies have joined the SERVICE ACT.—Section 2705(f) of the Public not very friendly, and it can be very in- fight against abuse and created programs to Health Service Act (42 U.S.C. 300gg–5(f)) is timidating. So I am very pleased we help victims of violence. Despite this tremen- amended by striking ‘‘December 31, 2005’’ and dous progress, however, there is much more inserting ‘‘December 31, 2006’’. were able to get that provision also in (c) AMENDMENT TO THE INTERNAL REVENUE the bill. work to be done to end domestic violence. CODE OF 1986.—Section 9812(f)(3) of the Inter- Women of color, as you know, are Today’s reauthorization extends key provi- nal Revenue Code of 1986 (relating to applica- less likely to report incidents of do- sions of the original Violence Against Women tion of section) is amended by striking ‘‘De- mestic violence, and particularly im- Act and provides new tools to combat domes- cember 31, 2005’’ and inserting ‘‘December 31, migrant women are even at a greater tic violence, dating violence, sexual assault, 2006’’. disadvantage when they are found to be and stalking. It also provides new tools to The SPEAKER pro tempore. Pursu- in an abusive situation. Many times combat violence against children and youth. ant to the rule, the gentleman from their spouses or loved ones will intimi- Mr. Speaker, violence against women and Ohio (Mr. BOEHNER) and the gentleman date them with reporting them to the children destroys the roots of society. Every from California (Mr. GEORGE MILLER) immigration to be deported. So we one of us has a moral obligation to fight this each will control 20 minutes. know that this legislation will go very evil and protect its victims. I urge my col- The Chair recognizes the gentleman far in providing protections for these leagues to stand up for the innocent and sup- from Ohio. women and their families. port the bill. GENERAL LEAVE By addressing domestic violence in Mr. SMITH of Texas. Mr. Speaker, the Bu- Mr. BOEHNER. Mr. Speaker, I ask communities of color in a way that un- reau of Justice Assistance has acquired con- unanimous consent that all Members

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.037 H17DEPT1 H12126 CONGRESSIONAL RECORD — HOUSE December 17, 2005 may have 5 legislative days within amending PHSA are within the sole jurisdic- California for yielding me time, and I which to revise and extend their re- tion of the Committee on Energy and Com- thank the chairman as well. marks and include extraneous material merce. The provisions of this bill amending Mr. Speaker, what we are doing here on H.R. 4579. IRC are within the sole jurisdiction of the today is simply renewing an act that Committee on Ways and Means. will allow mental health insurance to The SPEAKER pro tempore. Is there As you and I understand the importance of objection to the request of the gen- extending the provisions to each of these have the same limits in insurance cov- tleman from Ohio? Acts, we have agreed to the scheduling of erage as every other insurance legisla- There was no objection. this bill for consideration in the House of tion that you would ever have for a Mr. BOEHNER. Mr. Speaker, I yield Representatives. However, I agree that we physical illness. However, the problem myself such time as I may consume. have done so only with the understanding is that we keep doing this each year Mr. Speaker, the bill will extend pro- that this procedural route should not be con- without addressing the fundamental visions under ERISA, the Public strued to prejudice the jurisdictional inter- problem. The fundamental problem is est and prerogatives of the Committee on Health Services Act and the Internal that we have here in the Congress a bill Education and the Workforce, the Com- that would require parity in insurance Revenue Code regarding mental health mittee on Ways and Means, or the Com- parity for 1 year until December 31, mittee on Energy and Commerce, respec- coverage, meaning equal copay, equal 2006. tively, on these provisions or any other simi- deductible, equal premium for those illnesses, for those mental illnesses, COMMITTEE ON EDUCATION AND THE lar legislation, and will not be considered as WORKFORCE, HOUSE OF REP- precedent for consideration of matters of ju- when it comes to insurance coverage as RESENTATIVES, risdiction to each committee in the future. there would be for any other physical Washington, DC, December 17, 2005. Finally, I would support your request for ap- illness. The Hon. JOE BARTON, pointment of conferees on the provisions in Mr. Speaker, I have two major ill- Chairman, Committee on Energy and Commerce, your Committee’s jurisdiction should a con- nesses. I have asthma, which is a Washington, DC. ference arise with the Senate. chronic illness; and I have an EpiPen, DEAR CHAIRMAN BARTON: I write regarding A copy of our exchange of letters will be and I have prednisone, and I also have our mutual understanding for the consider- inserted in the CONGRESSIONAL RECORD on this bill. Thank you for your consideration bipolar disorder, and I have Prozac and ation of H.R. 4579, a bill amending the Em- I have lithium. ployee Retirement Income Security Act and cooperation in this matter. (ERISA), the Public Health Service Act Sincerely, Now, I am fortunate enough to have (PHSA), and the Internal Revenue Code JOHN A. BOEHNER, insurance coverage where when I go to (IRC) to extend certain provisions on mental Chairman. get my coverage for my medications, I health benefits. The provisions of this bill do not have to pay a higher copay for amending ERISA are within the sole juris- HOUSE OF REPRESENTATIVES, my mental health drugs as opposed to diction of the Committee on Education and COMMITTEE ON WAYS AND MEANS, my asthma drugs. Do you know why? the Workforce. The provisions of this bill Washington, DC., December 17, 2005. Because the Congress of the United amending PHSA are within the sole jurisdic- Hon. JOHN A. BOEHNER, States has mental health parity. Yes, Chairman, Committee on Education and the tion of the Committee on Energy and Com- Members of Congress are not discrimi- merce. The provisions of this bill amending Workforce, Washington, DC. IRC are within the sole jurisdiction of the DEAR CHAIRMAN BOEHNER: I am writing nated against when it comes to mental Committee on Ways and Means. concerning H.R. 4579, a bill ‘‘To amend title illnesses. As you and I understand the importance of I of the Employee Retirement Income Secu- However, you in the public out there extending the provisions to each of these rity Act of 1974, title XXVII of the Public in America, when you try to go and try Acts, we have agreed to the scheduling of Health Service Act, and the Internal Rev- to get treatment for bipolar disorder, this bill for consideration in the House of enue Code of 1986 to extend by one year pro- for schizophrenia, for major depression, Representatives. However, I agree that we visions requiring parity in the application of for any number of mental illnesses, you have done so only with the understanding certain limits to mental health benefits,’’ are told you have to pay a higher that this procedural route should not be con- which was introduced on December 16, 2005, and referred to the Committee on Education copay, a higher deductible, and you are strued to prejudice the jurisdictional inter- told that you have to pay a higher pre- est and prerogatives of the Committee on and the Workforce, and in addition to the Education and the Workforce, the Com- Committee on Energy and Commerce and the mium on top of that, all because this mittee on Ways and Means, or the Com- Committee on Ways and Means. country still treats mental illness as if mittee on Energy and Commerce, respec- As you know, the Committee on Ways and it is not a physical illness. tively, on these provisions or any other simi- Means has jurisdiction over matters con- Mr. Speaker, I have a chart here that lar legislation, and will not be considered as cerning the Internal Revenue Code. Section 1 shows that mental illness is a physical precedent for consideration of matters of ju- of H.R. 4579 amends Section 9812(f)(3) of the illness, for those that do not truly be- risdiction to each committee in the future. Internal Revenue Code of 1986 providing for lieve it. Here we can see in what is an Finally, I would support your request for ap- an extension of parity in the application of x-ray called a PET scan the difference pointment of conferees on the provisions in certain limits to mental health benefits, and thus falls within the jurisdiction of the Com- between two brains, each differen- your Committee’s jurisdiction should a con- tiating from the other based upon a dif- ference arise with the Senate. mittee on Ways and Means. However, in A copy of our exchange of letters will be order to expedite this legislation for floor ference in the disorder that the illness inserted in the CONGRESSIONAL RECORD on consideration, the Committee will forgo ac- represents. In this case, we have bipo- this bill. Thank you for your consideration tion on this bill. This is being done with the lar disorder, and you can see that there and cooperation in this matter. understanding that it does not in any way is greater activity in one part of the Sincerely, prejudice the Committee with respect to the brain here for those that do suffer from JOHN A. BOEHNER, appointment of conferees or its jurisdic- it, as opposed to this brain. Chairman. tional prerogatives on this or similar legisla- The physical qualities of mental ill- tion. ness are well known, so why do we not COMMITTEE ON EDUCATION AND THE I would appreciate your response to this letter, confirming this understanding with have parity in this country? Well, we WORKFORCE, HOUSE OF REP- do not have parity because some think RESENTATIVES, respect to H.R. 4579, and would ask that a Washington, DC, December 17, 2005. copy of our exchange of letters on this mat- that it is going to cost us more money. The Hon. BILL THOMAS, ter be included in the CONGRESSIONAL Well, the tests are in, the studies Chairman, Committee on Ways and Means, RECORD during floor consideration. have been done, and, quite frankly, to Washington, DC. Best regards, my colleagues who think that this is DEAR CHAIRMAN THOMAS: I write regarding BILL THOMAS, going to cost the Chamber of Com- our mutual understanding for the consider- Chairman. merce more money, all they need to do ation of H.R. 4579, a bill amending the Em- Mr. Speaker, I reserve the balance of is look at The Wall Street Journal for ployee Retirement Income Security Act my time. evidence to the fact that it actually (ERISA), the Public Health Service Act Mr. GEORGE MILLER of California. saves businesses money. It saves busi- (PHSA), and the Internal Revenue Code Mr. Speaker, I yield such time as he (IRC) to extend certain provisions on mental nesses money because it costs us $31 health benefits. The provisions of this bill may consume to the gentleman from billion a year, $31 billion a year in pro- amending ERISA are within the sole juris- Rhode Island (Mr. KENNEDY). ductivity lost because businesses do diction of the Committee on Education and Mr. KENNEDY of Rhode Island. Mr. not ensure adequate coverage for their the Workforce. The provisions of this bill Speaker, I thank the gentleman from employees in mental illness.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.053 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12127 Just understand this: anyone who has General of the United States has said needs of millions and millions of Amer- depression, are you truly able to make that mental illnesses comprise the sec- icans and their families who need par- it at work and focus on what you are ond leading cause of morbidity, mean- ity in terms of the kinds of treatment doing? That is called presenteeism. ing the lost days in life, productive life; and the coverages of the cost that are That is when you are at work, but you and the World Health Organization has associated with this. really are not at work because you can- ranked it number one. Mr. Speaker, I yield back the balance not concentrate. That is called So how could we be so blind to look of my time. presenteeism. Then, of course, you at such a significant part of our health Mr. BOEHNER. Mr. Speaker, I yield have absenteeism. Of course, that is care system and then just look the myself the balance of my time. easy to measure. other way when it comes to insurance Mr. Speaker, I want to thank my col- The fact, my friends, is that an aver- coverage? league from Rhode Island for his mov- age person who has depression loses 5 I hope my good friend from Cali- ing testimony today on the issue of hours a week of productivity compared fornia will help me in getting his lead- mental health. I would be the first to to one that does not. So would you not ership to help bring to the floor of the agree that the mental health parity think that some mental health cov- House a parity bill that will allow us to bill that we have will now, as Mr. erage for the person suffering from de- finally end the stigma and discrimina- GEORGE MILLER of California says, and pression might actually improve pro- tion that still exists in this country to- has for the last 10 years been an impor- ductivity? wards those with mental illness. tant step in the right direction. Guess what? It does. The studies are Let me just say, with respect to our Is it enough for most people? Prob- in, and, frankly, that is why I cannot veterans coming back and suffering ably not. And I think that all of us are understand why the majority of this from post-traumatic stress disorder, aware that Congress and the American House has not even brought to the floor when we say that we are not going to people have been in this debate for a of this House a mental health parity cover mental illness, we are making an long time. We have 45 million Ameri- bill that will allow us to end the dis- implicit message out there to America cans who have no health insurance at crimination that currently exists in that somehow it is not real, somehow all, and we know that every time we this country. it is not real health care, it is some- mandate a benefit on employers’ insur- We are sanctioning discrimination. thing on the order of cosmetic surgery. ance policies, we raise the cost of those We are basically saying, like, for exam- You know what that does? That means policies. And what is the result of high- ple, cancer, well, we are not going to that there will be fewer veterans com- er health insurance policies? More un- cover cancer because it is costing too ing forward and asking for help. Nine- insured Americans. much. That is essentially what we are ty-six percent of the veterans coming So there is a balance, and I realize being told by those who do not want to back from Iraq right now are not sign- that people want more mental health cover mental illness. We are basically ing up for any mental health consulta- coverage. The debate will continue being told ‘‘your illness costs money.’’ tion whatsoever. And the reason they here in the Congress; but in the mean- Well, if it is about saving money, are not is because of the stigma. time, I think it is important for us to why not just cut out cancer coverage, And by not bringing a bill like parity make sure that the mandate that is in because, you know, that costs us a lot to the floor, another thing that we do the current law that does provide some of money. That is a foolish argument. that is unjust is we reinforce the image coverage for mental health illness that And equally as foolish is the fact that in America that if you are mentally ill is going to expire will do so unless we we would cut out from insurance cov- there is something wrong with you, extend this provision. And that is all erage mental illness simply because of that you ought to just get up, pull the bill before us does is extend the stereotypes and because of stigma in yourself up by you bootstraps, and you provisions already in law to make sure this country. ought to get with the program, and that at least there is a foundation of that it is some moral failure of yours coverage in the law as people have b 1730 as opposed to it actually being a phys- come to expect. This legislation today is simply one ical disorder with its roots in the biol- Mr. DINGELL. Mr. Speaker, I am pleased to part of a farce to make people think ogy of the brain. support H.R. 4579, legislation that would con- that we are actually doing something I thank the chairman and my good tinue for a year the requirements that insur- on mental health parity when, in fact, friend, the ranking member from Cali- ance companies provide mental health serv- with this legislation what we are doing fornia, for giving me this time to ices on the same par as health services. Dis- today, all it does is allow the insurance speak. There is so much here to dis- crimination against those with mental illnesses companies to play the game where they cuss. I would not have all the time that or cognitive impairments is well documented. do not actually have to provide the I would need to discuss it. But hope- Treatment for these conditions can last a life- coverage. They can organize various fully if we do get a parity bill on the time. Not surprisingly, insurance companies do days that actually can be utilized and floor one of these days, we can have an not want to provide coverage for needed treat- the number of appointments that even fuller discussion of this issue. ments. someone can have or the kind of drugs Mr. GEORGE MILLER of California. The bill we are passing today would ensure that they are prescribed. This legisla- Mr. Speaker, I yield myself such time that coverage for mental health care receives tion might as well have been written as I may consume. parity with coverage for physical conditions. by the insurance industry when it Mr. Speaker, I thank the gentleman The current requirement expires at the end of comes to coverage for those with men- for his statement but, more impor- the year. While ideally we should make this a tal illness. tantly, his incredible advocacy on be- permanent feature for all health insurance poli- So, Mr. Speaker, let me just conclude half of those suffering from mental cies, today we are only extending it for one by stating a few facts. Those who are 65 health diseases. year. or older are the highest rate of suicide He is quite right: we can do better While this legislation will ensure some pro- in this country; 65 and older have the than simply renewing this law that is tections for Americans, the House-passed rec- highest rate of suicide in this country. now 10 years old. The Senate did pass a onciliation bill includes provisions that would The third leading cause of death for meaningful update in this law in 2001 reduce coverage for mental health care under young people is suicide. This year that would have prohibited all forms of Medicaid. That bill would allow States to alone we are going to see 1,400 young discriminatory coverage of mental charge higher out-of-pocket costs to those people take their lives in colleges and health services, including day and visit needing these services and it would allow universities in this country. limitations and co-pays and States to strip these benefits for beneficiaries, We are not taking this issue, this ill- deductibles, and would not allow a plan including from children. Medicaid accounts for ness, seriously enough. And if it pulls to opt out by citing increased costs. 44 percent of the Nation’s public mental health your heart strings and it is simply This bill simply does not do that. spending. It plays a critical role in protecting about whether you think it is going to It is as the gentleman from Rhode Is- those who need mental and behavioral health save money or not, you can see from land has pointed out, it is absolutely services, and fills the gaps that private insur- these charts that even the Surgeon insufficient in terms of treating the ance does not cover.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 7634 Sfmt 9920 E:\CR\FM\K17DE7.054 H17DEPT1 H12128 CONGRESSIONAL RECORD — HOUSE December 17, 2005 While the bill today will offer some protec- meets the definition of an ‘‘institution of students are working long hours to pay for col- tions for individuals with mental health needs higher education’’ under section 102 of that lege. in private insurance, we also must ensure that Act (20 U.S.C. 1002). Even with increased borrowing and longer the budget reconciliation bill does not erode The SPEAKER pro tempore. Pursu- work hours, millions of students and families protections in Medicaid, which provides cov- ant to the rule, the gentleman from continue to fall short when paying for college. erage for those for whom private insurance Ohio (Mr. BOEHNER) and the gentleman But rather than help to make college more coverage is not enough or those who have no from California (Mr. GEORGE MILLER) affordable and accessible, this weekend the private insurance. each will control 20 minutes. Republican leadership plans to raid the stu- Mr. BOEHNER. Mr. Speaker, I yield The Chair recognizes the gentleman dent aid programs by nearly $13 billion—the back the balance of my time. from Ohio. largest cut in the history of the programs. The SPEAKER pro tempore (Mr. GENERAL LEAVE As a result, students and families will be BOOZMAN). The question is on the mo- Mr. BOEHNER. Mr. Speaker, I ask forced to pay even more for college. tion offered by the gentleman from unanimous consent that all Members Rather than work to build a better, stronger Ohio (Mr. BOEHNER) that the House sus- may have 5 legislative days within America for future generations, they chose to pend the rules and pass the bill, H.R. which to revise and extend their re- cut our national commitment to a college edu- 4579. marks and include extraneous material cation for every qualified student. The question was taken; and (two- on H.R. 4525. The Republican leadership plans to use the thirds having voted in favor thereof) The SPEAKER pro tempore. Is there nearly $13 billion in cuts to deal with Con- the rules were suspended and the bill objection to the request of the gen- gress’ budget mess. It is wrong to force America’s students and was passed. tleman from Ohio? families to pay for the irresponsible manage- A motion to reconsider was laid on There was no objection. Mr. BOEHNER. Mr. Speaker, I yield ment of the Nation’s budget. the table. myself such time as I may consume. We should be doing more, not less, to sig- f Mr. Speaker, this is a very simple bill nificantly increase affordable college opportu- SECOND HIGHER EDUCATION that extends the Higher Education Act nities. EXTENSION ACT OF 2005 of 1965 for 3 months until March 31, For years, Democrats and others have been 2006. While the committee has passed demanding that the majority join us in stopping Mr. BOEHNER. Mr. Speaker, I move the reauthorization of the Higher Edu- excess lender subsidies—such as the 9.5 per- to suspend the rules and pass the bill cation Act, it is not completed. The cent loans—and re-deploy those billions of (H.R. 4525) to temporarily extend the Senate concluded their Higher Edu- dollars in savings to students and their fami- programs under the Higher Education cation Act amendments in their rec- lies struggling to pay for college. Act of 1965, and for other purposes, as onciliation bill, and we expect part of Billions in taxpayer funds were squandered amended. this higher education reauthorization on super-sized lender subsidies that the ma- The Clerk read as follows: to occur in the reconciliation process. jority party is only now, under great pressure, H.R. 4525 But there will be a balance of it left conceding should be constrained. Be it enacted by the Senate and House of Rep- that does need to be dealt with, and I Unfortunately, the raid on student aid resentatives of the United States of America in am hopeful that early next year Con- misses a golden opportunity to re-direct bil- Congress assembled, gress will, in fact, complete the reau- lions of dollars in savings by recycling the ex- SECTION 1. SHORT TITLE. thorization of the Higher Education cessive subsidies paid to student lenders into This Act may be cited as the ‘‘Second additional grant aid for students—without any Higher Education Extension Act of 2005’’. Act authorization. Mr. Speaker, I reserve the balance of additional costs to taxpayers. SEC. 2. EXTENSION OF PROGRAMS. my time. I support this temporary extension today be- (a) GENERAL EXTENSION.—Section 2(a) of Mr. GEORGE MILLER of California. cause it ensures that the nearly 11 million stu- the Higher Education Extension Act of 2005 dents who rely on student grants, loans and (P.L. 109–81; 20 U.S.C. 1001 note) is amended Mr. Speaker, I yield myself such time by striking ‘‘December 31, 2005’’ and insert- as I may consume. work-study to finance their college education ing ‘‘March 31, 2006’’. Mr. Speaker, I rise in support of the will continue to receive this much needed aid (b) EXTENSION OF LIMITATIONS ON SPECIAL Second Higher Education Extension in a timely fashion. ALLOWANCE FOR LOANS FROM THE PROCEEDS Act of 2005. The bill before us today, as However, I urge the Republican leadership OF TAX EXEMPT ISSUES.—Section 438(b)(2)(B) the chairman has noted, temporarily and my colleagues to recognize that this is of the Higher Education Act of 1965 (20 U.S.C. extends the laws that govern higher only the first step towards boosting affordable 1087–1(b)(2)(B)) is amended by striking ‘‘Jan- education and student aid while the college opportunities and ensuring the Na- uary 1, 2006’’ each place it appears in clauses Congress continues to work to reau- tion’s global competitiveness. (iv) and (v)(II) and inserting ‘‘April 1, 2006’’. thorize the Higher Education Act. I The next step is to stop the raid on student (c) EXTENSION OF EFFECTIVE DATE LIMITA- aid and to reinvest all of the savings found TION ON HIGHER TEACHER LOAN FORGIVENESS would also like to note for the record BENEFITS.— that the Department of Education has from eliminating excessive student lender sub- (1) AMENDMENT.—Paragraph (3) of section informed us that they have no objec- sidies towards boosting grant aid, lowering in- 3(b) of the Taxpayer-Teacher Protection Act tions to the manager’s amendment of- terest rates and fees for student borrowers. of 2004 (P.L. 108–409; 20 U.S.C. 1078–10 note) is fered by Mr. BOEHNER to this effort. Mr. Speaker, I would like to note for the amended by striking ‘‘October 1, 2005’’ and I rise in support of the second Higher Edu- record that the Department of Education has inserting ‘‘June 30, 2007’’. cation Extension Act of 2005. informed us that they have no objection to the (2) TECHNICAL AMENDMENT.—Section 2 of The bill before us today temporary extends manager’s amendment offered by Representa- such Act is amended by inserting ‘‘of the tive BOEHNER to reinstate St. Vincent’s Nurs- Higher Education Act of 1965’’ after laws that govern higher education and student ‘‘438(b)(2)(B)’’. aid while Congress continues to work to reau- ing Schools of Brooklyn and Queens, New (d) EFFECTIVE DATES.— thorize the Higher Education Act. York. (1) IN GENERAL.—Except as provided in It also extends the partial closure of the 9.5 The St. Vincent nursing schools lost eligi- paragraph (2), the amendments made by this percent loan loophole and teacher loan for- bility for Federal student aid in November of section are effective upon enactment. giveness provisions. this year due to the fact that their parent com- (2) EXCEPTION.—The amendment made by There has never been a more important pany, Saint Vincents Catholic Medical Centers subsection (c)(1) shall take effect as if en- time than right now to help students and their of New York, filed for bankruptcy. acted on October 1, 2005. families afford a higher education. Under the Higher Education Act, once a SEC. 3. ELIGIBILITY PROVISION. Despite the tremendous personal and eco- school, or parent company of a school, files Notwithstanding section 102(a)(4)(A) of the nomic benefits of a college education, how- for bankruptcy they automatically become in- Higher Education Act of 1965 (20 U.S.C. ever, millions of American students and fami- eligible for Federal student aid such as stu- 1002(a)(4)(A)), the Secretary of Education dent loans and Pell grants. shall not take into account a bankruptcy pe- lies struggle to pay for college. tition filed in the United States Bankruptcy Last year the maximum Pell grant scholar- It is our understanding that the representa- Court for the Southern District of New York ship was worth $900 less than the maximum tives for the parent company did not under- in July, 2005, in determining whether a non- grant 30 years ago. stand that filing for bankruptcy would result in profit educational institution that is a sub- The typical student borrower now graduates students attending the two nursing schools sidiary of an entity that filed such petition with $17,500 in debt, while more and more losing their Federal student aid.

VerDate Aug 31 2005 03:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\CR\FM\A17DE7.032 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12129 The Department of Education has informed sometimes; or to forgo college altogether. Yet, may have 5 legislative days within us that both schools are in good fiscal stand- Congress has failed to pass the Higher Edu- which to revise and extend their re- ing and that a statutory fix by Congress is cation Act. marks and include extraneous material necessary to ensure that the students at these Now, one party controls the White House, on the conference report on S. 1281. two nursing schools can receive federal stu- the Senate, and the House; the same party. The SPEAKER pro tempore. Is there dent aid again. Yet, they have failed to pass a Higher Edu- objection to the request of the gen- Mr. Speaker, I yield back the balance cation Act. Where are the priorities? Congress tleman from New York? of my time. seems to have no trouble passing tax cuts for There was no objection. Mr. BOEHNER. Mr. Speaker, I yield the wealthy, but to provide opportunities for Mr. BOEHLERT. Mr. Speaker, I yield such time as he may consume to the students to attend college does not seem to myself such time as I may consume. gentleman from Nebraska (Mr. be a priority. Mr. Speaker, I urge support for this OSBORNE). Mr. Speaker, the failure of the House to important conference report, the first Mr. OSBORNE. Mr. Speaker, I thank pass a higher education reauthorization is em- NASA authorization in 5 years. We the chairman for yielding. I will be blematic of this ineffective Congress. In past take up this conference report at a brief. years, the Higher Education Act was one of critical time for the Nation’s space pol- I realize that this is simply an exten- the easiest to pass, one of the most bipar- icy as NASA is laying out the policies sion of the Second Higher Education tisan, a bill we could count on. and seeking the funding to set its Act, but I would like to make a couple And with this temporary extension, we have course for the next decade and a half. of points here. This act authorizes Pell missed many opportunities today. We could This bill will give the agency clear grants and student loan programs, have increased the Pell grant and provided it guidance while giving Congress impor- which are so important to so many stu- year-round. We could have significantly in- tant new tools for oversight at this piv- dents to continue their education. As creased aid to minority-serving institutions. We otal time. part of the reauthorization package could have increased assistance to low-in- b 1745 that moved through the Education and come and first-generation college students. Workforce Committee this year, I was We could have increased loan forgiveness. Most important, I believe this bill in pleased to offer an amendment that We could have eliminated origination fees on its very first section makes clear that would allow the Secretary of Education student loans. We could have provided child NASA is to remain a multi-mission to award Pell grants on a year-round care for parents who are attempting to go agency with robust programs in science basis. back to college. We could have changed the and aeronautics, even as it moves We think this is very important be- student aid formulas for working students. ahead with the President’s vision for cause this would allow students to be But, today, we pass a temporary extension. space exploration, and the bill also eligible for Pell grants during summer We have failed to do any of those things, and makes clear unequivocal endorsement enrollment. The reason this is impor- American college students and their parents of that vision. tant is that we are going to see a rath- are paying for Congress’ failure. The bill also ensures that Congress er dramatic increase in college enroll- Mr. BOEHNER. Mr. Speaker, I yield will have the information it needs to ment in coming years. back the balance of my time. guide and monitor NASA. It requires a The SPEAKER pro tempore. The In over 36 years on the college cam- multiyear plan for aeronautics and question is on the motion offered by pus, I saw some rather significant science so that all NASA programs the gentleman from Ohio (Mr. changes in the time that it took for have a clear and well-articulated path, BOEHNER) that the House suspend the people to graduate from college. When and it requires plans for facilities and rules and pass the bill, H.R. 4525, as I started on the college campus in the workforce so we can see what assets amended. NASA will need to achieve its goals. 1960s, most people graduated in 4 years, The question was taken; and (two- 41⁄2 years; and now a 51⁄2- to 6-year grad- The bill prevents any layoffs from oc- thirds having voted in favor thereof) curring before March 16, 2007. The bill uation timetable is very, very common. the rules were suspended and the bill, As a result, with increasing enrollment requires updated information on the as amended, was passed. cost of the crew exploration vehicle be- and also this extended time period, we A motion to reconsider was laid on fore NASA awards a development con- are putting greater and greater stress the table. on the facilities in colleges and univer- tract, and it requires that NASA pro- sities. f vide a range of cost estimates for the Therefore, we feel that allowing stu- CONFERENCE REPORT ON S. 1281, CEV, along with the potential impact dents Pell grants during the summer NATIONAL AERONAUTICS AND of each of those estimates on other pro- which will allow them to go to school SPACE ADMINISTRATION AU- grams. year-round and maybe approximate a 4- THORIZATION ACT OF 2005 The bill applies a version of the year to 41⁄2-year graduation time would Mr. BOEHLERT. Mr. Speaker, I move Nunn-McCurdy rules to NASA. These be very important. I look forward to to suspend the rules and agree to the rules will not only require NASA to no- seeing a reauthorization of the Higher conference report on the Senate bill (S. tify Congress early on of any signifi- Education Act signed into law in 2006. 1281) to authorize appropriations for cant cost overruns but will require con- However, for now we must extend the the National Aeronautics and Space gressional action if a program breaches existing authorization, and therefore I Administration for science, aero- a specific gap. This may turn out to be support H.R. 4525. nautics, exploration, exploration capa- one of the most important provisions I thank Chairman BOEHNER for bring- bilities, and the Inspector General, and of the bill. ing this legislation forward. I urge my for other purposes, for fiscal years 2006, The bill also gives NASA the author- colleagues to support passage of H.R. 2007, 2008, 2009, and 2010. ity it has been seeking to offer larger 4525 today. The Clerk read the title of the Senate prizes to encourage a broad range of Mr. HOLT. Mr. Speaker, while I support this bill. private sector scientists and engineers temporary extension of the Higher Education (For conference report and state- to help NASA meet specific techno- Act, I am very disappointed that we have not ment, see proceedings of the House of logical goals, and the bill establishes a passed the full Higher Education Act reauthor- December 16, 2005, at page H12015.) new account structure that will make ization and once again we are passing an ex- The SPEAKER pro tempore. Pursu- it easier for Congress to track NASA tension. ant to the rule, the gentleman from spending and to ensure that money is Higher Education is more important than New York (Mr. BOEHLERT) and the gen- spent for the programs intended. ever to ensure America’s economic prosperity, tleman from Tennessee (Mr. GORDON) Finally, the authorization levels in security, and health. Just as college has be- each will control 20 minutes. the bill make clear that NASA cannot come essential to both individuals and soci- The Chair recognizes the gentleman possibly accomplish everything that is ety’s success, college tuition has risen dra- from New York. now on its plate with the funding it is matically, causing students to take on high GENERAL LEAVE currently projected to receive. I should loan debt, $17,000, on average; to work long Mr. BOEHLERT. Mr. Speaker, I ask add that, for me, the authorization lev- hours that interfere with academic success unanimous consent that all Members els do not mean that NASA necessarily

VerDate Aug 31 2005 03:19 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.041 H17DEPT1 H12130 CONGRESSIONAL RECORD — HOUSE December 17, 2005 should receive the authorized amount over NASA programs to provide appro- tion. Our bill represents the first time for fiscal 2007. The appropriated level priate oversight and guidance to the that the President’s Vision for Space needs to take account of tradeoffs and agency, and I think this bill does that. Exploration has been fully endorsed by what is available to other agencies, Of course, I am sure that each of us both Houses of Congress. When the particularly to other science programs, have additional provisions that we President sends to Congress his budget but the authorization levels do clearly would have liked to have included as for fiscal year 2007, today’s backing by mean that NASA will need to either well as some that we would have pre- the Congress can only help us to in- get more money or to forego or delay ferred to drop, but nevertheless, I crease the support for our Nation’s activities. think this bill is a constructive com- civil space program and for the Vision I need to say, right now, even though promise that will serve NASA and the for Space Exploration. We also seek no one will want to hear it during this Nation well. equivalent strategic plans for aero- debate, that I do not think we should NASA is facing significant challenges nautics and science parts of the budget. accelerate the crew exploration vehicle in the years ahead, not the least of NASA represents only seven-tenths development unless key Federal which is budgetary outlays for the of 1 percent of the Federal budget and science programs are adequately fund- agency’s programs. I think this bill is a is an investment in our Nation’s fu- ed. Launching the CEV in 2014 rather constructive step to assist the agency ture. Even in this time of budget defi- than 2012 will not damage the country, in meeting those challenges, but suc- cits, the United States cannot abandon but allowing the erosion of our sci- cess is going to require Congress’s ac- NASA’s research and technology and entific enterprise will cause real and tive involvement in the months and its exploration programs. It is not in significant damage, but that is a battle the years ahead. the American spirit to shy away from for next year. Finally, before I close, I would like to this investment in our global leader- Right now, we should all come to- express my thanks to my colleagues on ship. gether to endorse this conference re- the House side and, in particular Chair- This bill also authorizes for the first port, which will give NASA needed au- man BOEHLERT, Chairman CALVERT and time a competitive prize program at thority and guidance and will give Con- Subcommittee Ranking Member UDALL NASA based on the very successful X- gress tools and a context for future de- for all the efforts they have made on Prize. This program will allow NASA bates. behalf of this bill. I would also like to to award prizes for those technologies This bill represents a true com- express my deep appreciation to our that are useful for NASA’s mission. promise. For example, I am not fond of friends in the Senate for their bipar- This prize program will encourage our several of the provisions relating to the tisan and bicameral spirit of coopera- best and brightest scientists, engineers international space station, but they tion they have brought to our negotia- and entrepreneurs to pursue tech- were reasonable elements of a nego- tions, and certainly without the good nologies that NASA will need to pursue tiated package that represents the staff work on our Science Committee, our Nation’s dreams of exploration. broad range of views of NASA in this we would not be here today. It has been I am pleased that we are doing a 2- Congress. We were able to pull together a pleasure to work with them to craft year bill through 2008, and we in the such a package because everyone was this conference report. I would also Science Committee look forward to willing to be reasonable. That is a com- like to say, again, thanks to the House providing oversight and authorization modity, reasonableness, that often- and Senate staff, as well as to the appropriate when needed. I want to times is lacking in this body. NASA personnel for their assistance in urge my colleagues to vote yes on this I want to especially thank the gen- bringing the conference to a successful truly bipartisan conference report. We tleman from California (Mr. CALVERT) conclusion. owe it to the administration, to our na- who sponsored this bill and who heads In closing, I believe this is a good tional space enterprise and to the our Space Subcommittee, for his un- conference report, and I urge my col- American people to pass this NASA au- likely combination of persistence and leagues to support it. thorization bill this year. cooperation. I also want to thank the Mr. Speaker, I reserve the balance of Mr. GORDON. Mr. Speaker, I yield gentleman from Tennessee (Mr. GOR- my time. 21⁄2 minutes to the gentleman from Col- DON) and the gentleman from Colorado Mr. BOEHLERT. Mr. Speaker, I yield orado (Mr. UDALL), my partner and (Mr. UDALL) who were true partners in 3 minutes to the gentleman from Cali- ranking member on the Space Sub- their efforts, and I want to thank all fornia (Mr. CALVERT), the distinguished committee. the conferees in both bodies for their chairman of the Space Subcommittee, (Mr. UDALL of Colorado asked and openness and hard work. It was not a person who has worked very hard on was given permission to revise and ex- easy but here we are. this bill to bring it all together. tend his remarks.) This is a thoughtful, reasonable, bi- Mr. CALVERT. Mr. Speaker, I thank Mr. UDALL of Colorado. Mr. Speak- partisan compromise, and I urge its the chairman for the time. er, I thank the gentleman for yielding adoption. Mr. Speaker, I want to thank Chair- me time. Mr. Speaker, I reserve the balance of man BOEHLERT for his leadership and I, too, join my colleagues in acknowl- my time. guidance, for the great job in making edging the bipartisan nature of this Mr. GORDON. Mr. Speaker, I yield sure that we are here today, and I cer- very important conference report. I myself such time as I may consume. tainly want to thank Ranking Member want to thank Chairman BOEHLERT and Mr. Speaker, I have a variety of GORDON and Ranking Member UDALL Chairman CALVERT on that side of that speakers here who would like to speak for their leadership and support, also. I aisle for their leadership and for their on this bill, and so I am going to be want to commend the Members of the good work and, as well, my ranking very brief. Science Committee on both sides of the member on this side of the aisle, the I first want to concur with Chairman aisle for a job well done. I also want to gentleman from Tennessee (Mr. GOR- BOEHLERT, who I think did a very good thank the gentleman from Texas (Mr. DON). job in laying out the content of the bill DELAY) for his guidance and assistance There are four key areas that I would and the spirit in which it was put to- and all his staff working together dili- just like to highlight in my remarks gether. I want to rise in strong support gently for long hours to assure that that are a part of this very important of the conference report for the NASA this NASA authorization bill could be piece of legislation. Authorization Act of 2005. This bill is a accomplished this year. This is the Number one, we beef up the aero- result of constructive bipartisan and first time since the year 2000 that nautics effort of NASA, and we make bicameral negotiations regarding the NASA has had an authorization bill sure that crucial research and develop- future direction of NASA. The issues and we have been able to complete it. ment work continue, and the effect it have been complex, but the conferees This bill provides the agency with the has on our domestic economy, which is have approached them with an open rules and tools they will need to suc- very, very crucial. mind and a willingness to compromise. ceed. Second, the Hubble telescope, we will I think it is important for the au- This is a crucial time for the agency do all we can under this legislation to thorizing committee with jurisdiction as it is going through a major transi- service the Hubble telescope, and it has

VerDate Aug 31 2005 03:19 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.060 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12131 truly become the people’s telescope. It In addition, while the new Exploration initia- engage young students in space and earth is known not only in the scientific tive at NASA has gotten the most public atten- science and encourage them to pursue community but to lay people on the tion recently, NASA’s science programs have science, technology, engineering, and mathe- street. It is a tremendous asset for us continued to be some of NASA’s ‘‘crown jew- matics (STEM) education and careers. It is no today, and it will be in the future. els’’—generating discoveries that have been secret that the United States is falling behind Third, the legislation includes a captivating the American public for decades. in producing graduates in STEM disciplines. piece of legislation I authored 4 years For example, images from Hubble have Through programs such as Space Grant, ago that deals with remote sensing helped us better understand our universe, but NASA is reaching out to students to provide a data. That is the data that we are gen- they also allow amateur astronomers of all hands-on experience studying space-related erating from the fleet of satellites that ages to study the wonders of space. fields. look down on the earth, and this data In short, Hubble has truly become the peo- As a nation we must do more to ensure our can be of great use to our cities, our ples’ telescope, and I am gratified that this bill students are getting the science education towns, our counties and the private calls for a mission to service Hubble to be they need to compete globally, and I believe sector. The bill puts in place a grant scheduled and authorizes funding accordingly. program as well as increased access to these NASA programs are taking steps in the This bill also seeks to make sure that the right direction to do this. that data so that it can be used by the scientific research on the International Space American public. Mr. Speaker, there are many other provi- Station achieves its full potential by ensuring sions I could highlight, but in closing, I simply Finally, there is a provision that fur- that both exploration and non-exploration re- ther strengthens the space grant pro- would like to say that I strongly believe that lated research is performed. Microgravity and gram that brings into the career paths this is a good conference report. It is the prod- life science research can help us better under- of science and technology mathematics uct of open dialog and negotiations between stand the affects of space on the human body, and engineering, those young people Democrats and Republicans, House and Sen- moving forward our efforts in human explo- who will not only teach the students of ate alike, and I am pleased that we were able the future but who will also come up ration beyond low Earth orbit. to bring it to the floor today. It also has many applications here on Earth, with the great inventions and the new and this bill ensures that the ISS will support I would again like to thank my colleagues on technologies and new understanding the Conference Committee for their hard work from our great efforts in space and in diverse research goals by requiring that at least 15 percent of all research funds for the to make this report a reality. This is the right aeronautics. policy for NASA and I urge members to sup- So, Mr. Speaker, this is an excellent International Space Station are to be used for nonexploration related research such as port its passage. bill. I want to commend it to our col- Mr. BOEHLERT. Mr. Chairman, I leagues, and I rise in support of this ground-based, free-flyer, and ISS life and yield 2 minutes to the gentleman from important piece of legislation and microgravity science research. Florida (Mr. FEENEY), another very dis- would ask every Member to support it. I believe it is important that we continue to tinguished member of the committee. Mr. Speaker, I rise today to express my encourage commercial involvement in our support for this conference report. space missions, including through research Mr. FEENEY. Mr. Speaker, I rise to This report reflects the results of productive, initiatives. There are several partnerships ex- thank Chairman BOEHLERT and Chair- bipartisan negotiations that began between isting between the science community and in- man CALVERT and the respective rank- House Republicans and Democrats and con- dustry that perform research on the Inter- ing and minority Members. tinued on with the Senate. national Space Station. We will recall in the aftermath of the This is a good conference report, and I This bill speaks to the need to preserve fun- Columbia accident, many of us on Cap- would like to thank all the Conferees and their damental, applied, and commercial life itol Hill and the space community ob- staff who worked on this report. In particular, sciences and other micro gravity research that served the drift. America’s human I would like to thank our Conference Com- allows commercial participation in the research space program seemed to be adrift in mittee Chairwoman KAY BAILEY HUTCHISON, performed on Station. terms of our space flight initiative and Chairman BOEHLERT, Ranking Member GOR- I would also like to highlight another title of vision. The President responded with DON, and Subcommittee Chairman CALVERT. this bill that will allow cities and municipalities his vision which has now become Amer- I have been pleased to see how this group better access to remote sensing data. Many ica’s vision. has come together to put together an author- cities in our country—including in my home The conference bill and the report ization bill that enables NASA to take positive state of Colorado—are faced with a real prob- provides unambiguous and bipartisan steps in each of its mission directorates. I be- lem of excess growth and sprawl. endorsement of America’s Vision for lieve that it provides an essential balance be- We now have technology—using geospatial tween NASA’s core missions as well as a Space Exploration. The direction of data from satellites—that can produce very ac- human space flight has now been set timely long-term policy direction for NASA as curate maps that show information about it embarks on the Moon/Mars initiative. for future administrations and con- vegetation, wildlife habitat, flood plains, trans- gresses. I look forward to progressing One of the strengths of this bill is that it portation corridors, soil types, and many other highlights NASA’s non-exploration related re- on this ambitious journey of explo- things. ration and science. search and ensures that innovative work con- This bill includes provisions—based on leg- As we do move forward, Mr. Speaker, tinues to be done in the Science and Aero- islation I had authored several years ago—that nautics programs. I hope we take to heart the Columbia would establish in NASA a program of grants To ensure the continued health of each of accident investigation board’s re- for competitively awarded pilot projects. The NASA’s core missions, it sets up a budgetary minder and admonition that NASA ‘‘is purpose of the pilot projects would be to ex- structure that separates NASA’s human space an organization straining to do too plore the integrated use of governmental and flight and exploration accounts from its much with too little.’’ As we work to commercial remote sensing data and other science, aeronautics, and education ac- provide NASA with a focused mission, geospatial information to address state, local, counts—in effect, it erects a flexible ‘‘firewall’’ including but not limited to human regional, and tribal agency planning and deci- between the accounts. space flight, we need to avoid over- sion-making needs. Turning to some of the program-specific fea- loading and micromanaging this agen- State and local governments and commu- tures of the conference report, I am pleased cy and its fine leader, Mr. Griffin. that it encourages NASA to take up three nities can use geospatial information in a vari- ety of applications—in such areas as urban With that, I thank the chairman for groundbreaking initiatives in subsonic, super- the time. sonic and rotor craft R&D under its Aero- land-use planning, coastal zone management nautics program. and erosion control, transportation corridors, Mr. GORDON. Mr. Speaker, I yield 2 Progress in aeronautics is crucial to the environmental planning, and agricultural and minutes to the gentlewoman from health of the Nation’s air transportation indus- forest management. As I indicated, the provi- Texas (Ms. EDDIE BERNICE JOHNSON). try, which in turn is crucial both to the contin- sions in this conference report will allow cities Ms. EDDIE BERNICE JOHNSON of ued strength of our domestic economy and and municipalities access to such data from Texas. Mr. Speaker, I rise today in sup- our international competitiveness. many available commercial sources, as well port of S. 1281, the NASA reauthoriza- That R&D also benefits our quality of life as from governmental sources. tion bill of 2005. This important legisla- and enhances our national security. We need Lastly, I would like to point out the NASA tion will authorize appropriations for to encourage it, and this bill does just that. education programs authorized in this bill that NASA for the fiscal years 2006 to 2010.

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.062 H17DEPT1 H12132 CONGRESSIONAL RECORD — HOUSE December 17, 2005 b 1800 nation in any gap between the retire- And I guess my greatest appreciation It provides guidance for the agency ment of the shuttle and the deploy- is for the announcement of the Dr. Mae and encourages research, exploration, ment of the CEV, so that America is C. Jemison Grant Program to work and education. never voluntarily shut out of space. with minority-serving institutions to NASA is important to my State and It encourages NASA to tap the valu- bring more women of color into the to the Nation. It has been known for its able knowledge of its highly experi- field of space and aeronautics. Might I leadership in space exploration, but I enced shuttle workforce in the develop- share with you that in a 2001 graph we want to point out just a few of the nu- ment of the CEV, and it includes new saw that of the science and engineering merous other benefits NASA research authority for NASA to increase its vis- doctorate holders 2.8 percent were has brought to us. ibility with a national public aware- black and 2.7 percent were Hispanic. Satellites allow instant access to in- ness campaign to articulate its excit- And in engineering it was 1.8 percent formation around the globe. Cell ing missions and publicize its tremen- black and 2.0 percent Hispanic. We phones, cordless appliances, VELCRO, dous accomplishments. want America’s youth to find their way and Teflon all were developed through Mr. Speaker, in this conference re- to engineering and the sciences. This our space program. port, the first reauthorization in 5 program in the NASA organization will NASA research has been an integral years and the first since the President be a great step towards that. part of our Nation’s military efforts as announced his vision, we have set Many of us remember Dr. Mae well. Satellite imagery and global posi- NASA’s course, relying on the courage Jemison. She blasted into orbit aboard tioning systems have been critical to and ingenuity of the NASA family to the space shuttle Endeavour on Sep- helping our Armed Forces pinpoint the accomplish their mission by returning tember 12, 1992, making her the world’s enemy in battle. Unmanned aerial ve- mankind to the Moon and sending us first woman of color to go into space hicles allow us to see our enemies with- on to Mars. and the city of Chicago’s first astro- Mr. GORDON. Mr. Speaker, I yield 3 naut in U.S. history. As a young girl out putting our troops in harm’s way. minutes to the gentlewoman from Perhaps our greatest achievement and teenager, she was always inter- Texas (Ms. JACKSON-LEE). has been in the field of medical science. ested in science, especially astronomy, Ms. JACKSON-LEE of Texas. Mr. In the late 1960s, the Jet Propulsion and was encouraged by her parents and Speaker, I thank the distinguished gen- teachers to pursue not only her science Laboratory developed digital imaging tleman from Tennessee for yielding me processing to better view the Moon. studies but also dance and art. this time, and I want to applaud the She went on to receive her bachelor Similar technology is now used by doc- chairman of the full committee and the of science in chemical engineering and tors to view organs inside the body. ranking member for their leadership a B.A. in Afro-American Studies from CAT scans and MRIs are revolution- and the work that they have done in Stanford and her medical doctorate izing our ability to detect tumors early working with all the Members for what from Cornell University. She joined and save lives. I think will be a very large scientific NASA in 1987. None of these technologies would be statement for America. Dr. Jemison was quoted in Newsweek possible without NASA research. The I want to also thank the sub- as saying, ‘‘One of the things that I’m NASA authorization bill is overdue, committee ranking member and the very concerned about is that as African and I urge my colleagues to support it. subcommittee chair, as well, for their Americans, as women, many times we I want to thank the leadership both in collegiality and their interest in mov- do not feel we have the power to the House and the Senate for bringing ing NASA forward and the members change the world and society as a us to this point. who work on the committee and the whole.’’ She certainly changed the Mr. BOEHLERT. Mr. Speaker, I yield subcommittee. world and society as a whole, along 3 minutes to the very distinguished I am very pleased to congratulate all with Eileen Collins, who was one of the gentleman from Texas (Mr. DELAY), a who have had a part, also the staff, in outstanding commanders that we had long-time champion of NASA. this great coming together of not only in the recent space flight. Mr. DELAY. Mr. Speaker, I want to reinforcing our commitment to space I believe this legislation will move us thank Chairman BOEHLERT, Sub- exploration but a recognition of the forward; and I would like to thank committee Chairman CALVERT, Mr. need for balance in the Nation’s budg- James Williams, my staff, and all the UDALL, and Mr. GORDON. I just want to et. staff for the great work they have thank everyone in both Houses who I am very pleased to note the $10 bil- done. I ask my colleagues to enthu- worked on this conference report, espe- lion for exploration systems and space siastically support this legislation. cially the staff who has done such a operations and the continuing support Mr. Speaker, I rise in complete support of fabulous job. And it is good that this is of the international space station. And the National Aeronautics and Space Adminis- a strong bipartisan effort. Space is not might I also thank my colleagues for tration Authorization Act of 2005 which author- Republican or Democrat, and I am very being very sympathetic to the lan- izes funding for NASA for fiscal years 2008 proud of the work that you did. guage that we included that deals spe- and 2009, and among other things gives Con- This conference report meets NASA’s cifically with the question of safety gressional endorsement to the Vision for immediate and long-term needs and and the language that was added that Space Exploration and authorizes. Before con- puts into place the policies needed for provides for a review of NASA’s safety tinuing I would like to first thank Members on NASA to take its next giant step for management as well as a report on the both sides of the aisle and their staffs for all mankind over the next 3 years, and use and dissemination of best prac- the hard work that went into making this bill a that of course will not only make good tices, and expanded whistle-blower pro- success. I am also pleased to see that in light on President Bush’s Vision for Space tection that allows those employees of of the limited time we have remaining in the Exploration; it will make good on the NASA to be able to report without con- year; we were able to move quickly on this brave and brilliant capabilities of the cern of recrimination on the issue of bill. men and women of our space program. safety and the issue of health. Let me take a moment to state that NASA Specifically, the conference has wise- Let me also thank my colleagues for is at a very pivotal moment in its history and ly chosen to fully fund the space shut- accepting my language on creating the therefore it is the responsibility of this Con- tle program and its 19 remaining mis- framework for a commission to inves- gress to ensure that the future of NASA is one sions; to fully fund the buildout and as- tigate future U.S. space vehicle acci- of continued progress. After the tragic Colum- sembly of the international space sta- dents as well as a task force to evalu- bia Space Shuttle accident the Science Com- tion; and to fully fund the crew explo- ate and report on international space mittee and this Congress were forced to re- ration vehicle. safety. evaluate NASA’s purpose. I have stated that To meet those vision-related chal- Again, I am very pleased that the safety must be the number one priority of lenges, the conference has also com- international space station has been NASA; however this should not deter NASA bined the space shuttle and its explo- declared a national laboratory, because from pushing the boundaries of technology ration activities accounts to provide it was this kind of research that found and discovery. I feel confident that this Reau- NASA greater flexibility in deploying us new advances in HIV/AIDS, stroke, thorization bill addresses both safety and dis- those resources; it calls for the elimi- and other diseases. covery in a comprehensive manner.

VerDate Aug 31 2005 03:19 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 7634 Sfmt 9920 E:\CR\FM\K17DE7.064 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12133 I am also pleased to see that we were able Mr. BOEHLERT. Mr. Speaker, I yield I want to stress that there is a lot to address a few issues of importance to me. 2 minutes to the distinguished gen- that happens here where we have par- Two of which are Whistleblower Protection for tleman from Florida (Mr. WELDON). tisan conflict, but on this bill we had NASA employees and the creation of the Dr. Mr. WELDON of Florida. Mr. Speak- tremendous bipartisan support in the Mae C. Jemison Grant Program to work with er, I thank Chairman BOEHLERT for Ohio delegation, which included STEVE Minority Serving Institutions to bring more yielding me this time, and I commend LATOURETTE, SHERROD BROWN, STEPH- women of color into the field of space and aer- him and Ranking Member GORDON for ANIE TUBBS-JONES, MICHAEL TURNER, onautics. In terms of Whistleblower Protec- the hard work they did. It was a long JEAN SCHMIDT, PAUL GILLMOR, TED tions for NASA employees, it is important that process moving this piece of legislation STRICKLAND, DAVID HOBSON, MICHAEL we move forward in providing protection to through. I also want to commend Sub- OXLEY, STEVE CHABOT, MARCY KAPTUR, NASA employees who present concerns about committee Chairman CALVERT. I know JOHN BOEHNER, PAT TIBERI, BOB NEY, health and safety. During a hearing held in the he worked very hard on this. TIM RYAN, DEBORAH PRYCE, RALPH Science Committee, Admiral Gehman and the It is now almost 2 years since Presi- REGULA, Senator DEWINE and Senator Columbia Accident Investigation Board ex- dent Bush first enunciated a vision to VOINOVICH, and in addition, ROB plained how fear of retaliation by manage- go back to the Moon and on to Mars; to PORTMAN. We all worked together on ment, had lead some engineers to stifle their develop a new space vehicle to replace this. Every one of us made an effort. concerns about the safety and well-being of the space shuttle. We in the House This is a landmark bill because it af- NASA missions and crew. My Whistleblower quickly recognized when the President firms that so much depends on a language creates needed protections for put forward this ambitious plan, and it healthy NASA. A healthy NASA, in NASA workers and sets forth certain specific was a wonderful thing the President turn, depends on an emphasis in aero- reporting requirements for NASA. These two did in doing this, because many people nautics in addition to an emphasis on combined will help to bring about a safer and felt it was the first time since Jack space. This is critical to the economy. more productive NASA. Kennedy’s original call to go to the Aeronautics contributes more to the In terms of Dr. Mae C. Jemison, the lan- Moon by the end of the decade of the U.S. balance of trade than any other guage in this bill would create a grant program 1960s, that it was the first time since U.S. manufacturing industry. NASA’s named in honor of Dr. Mae Jemison blasted then that a President had boldly stood aeronautics research is also critical to into orbit aboard the space shuttle Endeavour up and proclaimed a vision for NASA. national security. It has spawned tech- on September 12, 1992 making her the We knew then, Members of the nologies from surveillance systems world’s first woman of color to go into space, House, that we would need new author- that monitor aircraft flight paths, to and the city of Chicago’s first astronaut in U.S. izing legislation, particularly for the the development of secure communica- history. As a young girl and teenager she was process of retiring the space shuttle always interested in science, especially as- tions systems. NASA’s aeronautics re- and bringing a new man-rated launch search has contributed to aircraft safe- tronomy, and was encouraged by her parents vehicle on line that would have the ca- and teachers to pursue not only her science ty, reducing wind sheer and icing as pability of carrying men and women major risks in airline travel. studies, but also dance and art. She went on into space. to receive her Bachelor of Science in Chem- In order to maintain their unparal- This legislation is very important. It leled track record, NASA first needs a ical Engineering and a BA in Afro-American is very needed. Though I tend to focus Studies from Stanford and her medical doc- road map for aeronautics, just as it had mainly on the issues that pertain to one for the Vision for Space Explo- torate from Cornell University she joined the manned space flight program, as NASA in 1987. Jemison continues to serve as ration. This bill provides that road the representative of the area that in- map. a role model to women and African Ameri- cludes Cape Canaveral and Kennedy While the map is being drawn, cans. She told Newsweek, ‘‘One of the things Space Center, this legislation has im- NASA’s aeronautics infrastructure that I’m very concerned about is that as Afri- portant sections that deal with our Na- must be preserved, starting with the can-Americans, as women, many times we do tion’s critical investment in aero- world-class, award-winning workforce not feel that we have the power to change the nautics research and science; and, at NASA’s field centers like NASA world and society as a whole.’’ With her life therefore, it is critically important Glenn in Cleveland. This bill prevents and accomplishments she has proven that that we pass this legislation as we involuntary reductions in force until at idea truly wrong. While the bill only estab- move forward next year. lishes the program, I look forward to working The bill calls for additional funding least March of 2007 and calls for a with appropriators when we return next year to for NASA in the 2006 appropriation, as workforce shaping plan. It also pro- fully fund this program. well as 2007 and 2008, that will meet the vides necessary funding. Before closing, I am also pleased to see critical needs for our Nation’s aero- This bill further prevents reckless that the bill requires NASA’s Administrator to space industries and our manned space and semipermanent elimination of establish an independent task force to review flight program in the years ahead. I testing facilities, like wind tunnels and the International Space Station program with commend the work of all those in- propulsion testing facilities, and en- the objective of discovering and assessing any volved. courages long-term basic research in vulnerabilities of the International Space Sta- Mr. GORDON. Mr. Speaker, I yield 3 areas like low-emissions and zero-emis- tion that could lead to its destruction, com- minutes to the gentleman from Ohio sions aircraft, microgravity, engine ef- promise the health of its crew, or necessitate (Mr. KUCINICH). ficiency, and noise reduction. These are its premature abandonment. The independent Mr. KUCINICH. Mr. Speaker, I rise in all tremendously beneficial to Ohio and task force shall, to the extent possible, under- strong support of the NASA reauthor- the Nation. take the following tasks: ization act. I would like to begin by This bill makes NASA more sustain- Catalogue threats to and vulnerabilities of thanking those colleagues who worked able. It strikes a balance between space the ISS, including design flaws, natural phe- so hard to create a bill that is bene- and aeronautics and ensures that nomena, computer software or hardware ficial to the Nation. Chairman CAL- NASA will continue to contribute to flaws, sabotage or terrorist attack, number of VERT and Ranking Member UDALL de- our economy, national security, airline crewmembers, inability to adequately deliver safety, and the environment. It is a sig- replacement parts and supplies, and manage- serve thanks for their leadership in en- suring NASA remains well balanced nificant step forward for Ohio, and I ment or procedural deficiencies. urge my colleagues to support it. Make recommendations for corrective ac- and healthy. I want to thank Chairman tions. FRANK WOLF for his support in this en- I want to thank the chairman and Provide any additional findings or rec- deavor, and also Congresswoman the ranking member for their support ommendations related to ISS safety. DAVIS. and their leadership on this matter. Prepare a report to the Administrator, Con- I also want to thank Mr. DELAY for Mr. BOEHLERT. Mr. Speaker, for the gress, and the public. his support in our efforts to maintain reasons just cited by my distinguished As I close and as a Member of the House NASA in Cleveland. I would like to colleague from Ohio, I remain an en- Science Committee, I am honored to have thank members of the Ohio delegation thusiastic supporter of a robust aero- been a part of this process and the successes who worked with me to ensure the nautics program at NASA. It provides achieved here today. bill’s success. so much benefit to the U.S. economy.

VerDate Aug 31 2005 03:19 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.044 H17DEPT1 H12134 CONGRESSIONAL RECORD — HOUSE December 17, 2005 Mr. Speaker, I am proud to yield 1 facility. The pork is very much in this with this useless piece of flying pork of minute to the distinguished gentleman bill, but it is flying pork. So this is lit- sending men to Mars. from Texas (Mr. HALL). erally the occasion when pigs fly, at Mr. BOEHLERT. Mr. Speaker, I want (Mr. HALL asked and was given per- least in the nature of pork, when all of to thank my distinguished colleague mission to revise and extend his re- the representatives of the NASA places from Massachusetts for his observa- marks.) come up here. tions, and I wish to add to his comfort Mr. HALL. Mr. Speaker, I join in Now, I agree with the gentleman level. Because on page 5 of our report, lauding the leaders, the chairman, the from New York and my friend from it points out in section D: Enabling hu- minority leaders, the subcommittee Cleveland. mans to land on and return from Mars chairman, and everyone who has Mr. KUCINICH. Mr. Speaker, will the and other destinations on a timetable worked on this to hammer out this bill. gentleman yield? that is technically feasible and fiscally Investing in NASA not only keeps Mr. FRANK of Massachusetts. I yield possible. this country at the forefront of explo- briefly to my friend from Ohio. As the gentleman well knows, my in- ration and innovation but it is also Mr. KUCINICH. I just want to, for the terest is in advancing the science agen- vital to our economy and our national record, state that I am a vegan. I do da for the Nation. The good science security. By investing less than 1 per- not consume pork. that is part of the space vision does not cent of the budget, we get exponential Mr. FRANK of Massachusetts. The guarantee a vehicle to go to Mars, it growth in scientific and technological gentleman may not consume pork, but guarantees that good science goes for- spinoffs. From the development of MRI he sure produces it. ward. technology to microchips, the sci- The fact is that we are about to take Mr. FRANK of Massachusetts. Mr. entific partnerships between NASA and up a continuing resolution that will Speaker, will the gentleman yield? American universities and companies make severe cuts in many, many im- Mr. BOEHLERT. I yield to my col- ensure our Nation’s viability. portant programs here on earth, and we league from Massachusetts. We need to keep America at the fore- will be told that the problem is the fis- Mr. FRANK of Massachusetts. I front of innovations and discovery for cal constraints. Members will lament thank the gentleman. And I have never generations to come. the fact that we cannot adequately been happier that it is the Hall of When President Bush announced the new fund health care and environment and Fame and not NASA that is in Coopers- Vision for Space Exploration in January 2004, transportation and other things, and town. I was excited to see that NASA had a new di- then we vote for a bill that says, as a Mr. BOEHLERT. Mr. Speaker, I re- rection and focus for the future. Our ventures binding policy, we are going to send a serve the balance of my time. into space not only keep America at the fore- man to Mars. My friend from Missouri Mr. GORDON. Mr. Speaker, I yield front of exploration and innovation, but they asks me, well, what happens when he myself such time as I may consume. also are vital to our economy and our national gets there? Well, he comes back. That Mr. Speaker, let me first inform my security. This new Vision sets America on a is why it is so expensive. friend from Massachusetts that I have course toward the Moon and Mars, and we I agree about what was said about no NASA facility in or near my dis- should embrace this dream and work to make aeronautics; it is so important. I agree trict, so I try to be an honest broker in it a reality. with space experimentation, primarily this authorization. I will also point Today’s authorization act for NASA outlines unmanned. But sending human beings out, in this 2-year authorization, more the broad goals of this Vision. While it em- to Mars, which this bill unfortunately than 99 plus percent of the authoriza- braces the exploration agenda of the space endorses, is an extravagance; it is a tion goes to non-Mars related issues. agency, it also bolsters other vital NASA pro- psychological stunt. The amount of sci- So I think we have tried to put a bal- grams in science and aeronautics that keep entific gain you get comes from the ance in here. As the chairman has America competitive globally. aeronautics, from the unmanned space, pointed out and I have pointed out, we This is a well-balanced bill, and I commend even from some of the manned space in very much think that NASA needs to my colleagues and their staff for crafting such a more limited way. But when I first be a multi-mission agency with avia- a fine piece of legislation. I am particularly got here, we were told we had to do the tion, education and so many other pleased that the bill includes my provision that space shuttle because we had to com- things that are so important to this directs Administrator Griffin to develop a Crew pete with the Soviet Union, and I did agency. For that reason, we put fire- Exploration Vehicle with a robust crew escape not think it was a good idea, the space walls into this bill so that they cannot system. As we implement the new space vi- station, not the space shuttle. Then be poached for things that we think sion, I will work to ensure that NASA fulfills the Cold War ended, and now we are might be a lesser priority. So, hope- this priority and minimizes the risks for our told we have to keep doing the space fully, we will be able to reach that bal- brave men and women who fly our space mis- station to cooperate with the Soviet ance. sions. Our hopes and dreams ride with them, Union. If we go a few more years, we Let me also just finally say that I am and we must do all we can, at whatever cost will have to do it in memory of the So- sure that Spain had a very tough budg- is necessary, to ensure their safety. viet Union. et when Isabella decided that it was I urge Members to pass this bill. With the There is a determination to spend far worthwhile to make an investment in Space Shuttle and International Space Station, beyond any rational principle. I agree Columbus. I think that when we look America has proven its preeminence in Space. with much of what is here, but going to at these issues, certainly education, We need to keep America at the forefront of Mars? A country that faces the fiscal nutrition programs, all these things innovation and discovery for generations to problems we face? We are quibbling, we are important, and one can say even come. are arguing over how well to protect more important. But there needs to be Mr. GORDON. Mr. Speaker, I yield 3 New Orleans: Do we go to category 3 or a balance. We have tried to reach a bal- minutes to the gentleman from Massa- category 4? But then in this parallel ance that we think has been a respon- chusetts (Mr. FRANK), the House’s poet universe, we are going to spend $200 bil- sible balance, and that is why it has laureate. lion to send men to Mars. Of course, been a bipartisan, bicameral approach. you can tell it is a parallel universe; it I yield to the gentlewoman from b 1815 is the one no one lives in; it is the one Texas. Mr. FRANK of Massachusetts. Mr. where they are willing to spend money. Ms. JACKSON-LEE of Texas. I thank Speaker, if someone had said some of So as you are told to accept the the distinguished gentleman from Ten- the most fiscally, self-proclaimed, con- tough cuts that the gentleman from nessee for yielding. servative members of the House were Wisconsin is going to outline when you This is a bill that also focuses on going to come to the floor and ask us vote for that CR and when you try to science, and science has, over the to spend $100 billion or $200 billion on a tell people back home, ‘‘I am sorry, I years, been the economic engine of our nonessential project, people would could not give you money for health Nation. The more we are at the cutting have said, when pigs fly. Well, that is care and for education and for the envi- edge of science and the inventions that this bill. Did you see who got up to ronment and for transportation,’’ re- provide new opportunities for work, speak? Everybody who has got a NASA member that you are mortgaging that new opportunities for industry, we are

VerDate Aug 31 2005 03:19 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.066 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12135 advancing the economic opportunities computer chips on our office desks, to the rules were suspended and the con- of Americans. That is what is within satellite technology and cell phone ference report was agreed to. this bill in many, many instances, be- technology to medical technology, A motion to reconsider was laid on yond where the NASA centers are lo- NASA has touched every one of our the table. cated. lives. I applaud the chairman and the f I want to thank, again, the chairman leadership for bringing this bill to the FURTHER MESSAGE FROM THE and the ranking member for working floor, and it is very important that we SENATE together and having the focus of this get behind President Bush’s vision, be- bill really be on science and all that we cause only by investing in NASA and A further message from the Senate can produce through scientific re- strengthening our investment in sci- by Ms. Curtis, one of its clerks, an- search. entific and medical research will we nounced that the Senate has passed Mr. GORDON. Mr. Speaker, I will maintain America’s leadership role in bills of the following titles in which just close by saying that a purpose for the world. the concurrence of the House is re- having an authorization is a portion of Mr. GORDON. Mr. Speaker, I again quested: oversight. And I think Mr. FRANK real- urge passage of this bill and yield the S. 863. An act to require the Secretary of ly has been beneficial for us in making remainder of my time to my friend the Treasury to mint coins in commemora- tion of the centenary of the bestowal of the us justify ourselves, making us have from Michigan (Mr. LEVIN). Mr. LEVIN. Mr. Speaker, just quick- Nobel Peace Prize on President Theodore part of this oversight. It is a better Roosevelt, and for other purposes. bill, a healthier bill for that. I think it ly, to follow up what Mr. SKELTON has S. 959. An act to establish the Star-Span- can live up to the scrutiny. talked about, the Defense authoriza- gled Banner and War of 1812 Bicentennial With that, I would like to yield to tion bill was signed, and here is what I Commission, and for other purposes. my friend from Missouri for some re- read in CQ: ‘‘House Armed Services S. 1310. An act to authorize the Secretary Chairman Duncan Hunter confirmed of the Interior to allow the Columbia Gas marks. Transmission Corporation to increase the di- Mr. SKELTON. I thank my friend for through a spokesman that he inserted the provision,’’ this is totally extra- ameter of a natural gas pipeline located in yielding. the Delaware Water Gap National Recreation Mark Twain once said: The more you neous, apparently, if that happened Area, to allow certain commercial vehicles explain it to me, the more I don’t un- after the signatures, ‘‘at the behest of to continue to use Route 209 within Delaware derstand it. House leadership.’’ Water Gap National Recreation Area, and to I want to know where the Defense And this is a quote: ‘‘ ‘Hunter re- extend the termination date of the National bill is; 3 o’clock yesterday afternoon, serves the right to support the leader- Park System Advisory Board to January 1, ship team,’ said Harald Stavenas, his 2007. we ended our conference. By 5 o’clock, S. 1312. An act to amend a provision relat- we filed the necessary signatures, both spokesman.’’ Get the authorization bill on the ing to employees of the United States as- the Senate and the House, and yet the signed to, or employed by, an Indian tribe, Defense bill is not even on any cal- floor. Mr. BOEHLERT. Mr. Speaker, I want and for other purposes. endar whatsoever. This is outrageous. S. 1892. An act to amend Public Law 107–153 to thank the staff who have worked so I understand the Republican leader- to modify a certain date. diligently on this bill all year and who ship wishes to put some extraneous f have been really on constant alert matter onto the bill. But the proper since the loss of the space shuttle Co- CORRECTING ENROLLMENT OF S. procedure was followed. It was a tor- lumbia. That staff includes David 1281, NATIONAL AERONAUTICS turous, difficult, but a fair ending, and Goldston, John Mimikakis, Bill AND SPACE ADMINISTRATION we signed the report. Yet, the Defense Adkins, Roselee Roberts, Tom Ham- AUTHORIZATION ACT OF 2005 bill is not there, being held up for some mond, Ken Monroe, Johannes extraneous misunderstanding, reason. I Mr. BOEHLERT. Mr. Speaker, I offer Loschnigg, Shep Bryan, Ed Feddeman, a concurrent resolution (H. Con. Res. just don’t understand it. Christy Carles, as well as the minority I want that Defense bill on the floor. 324) directing the Secretary of the Sen- staff, Chuck Atkins and Dick ate to make a technical correction in The United States of America wants it Obermann. They have been a team on the floor. We have young men and the enrollment of S. 1281, and ask working together in common cause. unanimous consent for its immediate young women in uniform all over this I would also be remiss if I did not world, Afghanistan, Iraq, and yet we consideration in the House. thank Administrator Griffin and his The Clerk read the title of the con- can’t get the bill here that authorizes a staff, particularly Brian Chase, who are current resolution. pay raise, TRICARE for reservists, all always available and who were willing The SPEAKER pro tempore. Is there the ammunition that they need, the to work to reach a compromise. And objection to the request of the gen- medical care that we need, the policies might I say how refreshing it has been tleman from New York? set forth in the detainee language, all to be so candid as Administrator Grif- There was no objection. of this that has been worked out. Yet fin has been. Administrator Griffin The Clerk read the concurrent reso- we don’t have the bill. I don’t under- continues to do a superb job, and we lution, as follows: stand it. hope this bill will help him do that job, H. CON. RES. 324 Please explain it to us and to the even though, like all of us, he would Resolved by the House of Representatives (the American people: Where in the world is not have written each provision the Senate concurring), That in the enrollment of the Defense bill, the authorization bill? way we did. But in the final analysis, the bill (S. 1281) to authorize appropriations Mr. BOEHLERT. Mr. Speaker, I yield we have got a good bill that is worthy for the National Aeronautics and Space Ad- 1 minute to the gentleman from Texas of the support of this House. We have ministration for science, aeronautics, explo- (Mr. CULBERSON). got a good bill that is good for America ration, exploration capabilities, and the In- spector General, and for other purposes, for Mr. CULBERSON. Mr. Speaker, as a because of the vitality it brings to the House Republican who, I believe my fiscal years 2006, 2007, 2008, 2009, and 2010, the economy, and we have got a good bill Secretary of the Senate shall correct the fiscal conservative ratings are typi- because Democrats and Republicans title so as to read: ‘‘An Act to authorize the cally among the top ten most conserv- worked it out together. programs of the National Aeronautics and ative in the House; I have no NASA fa- Mr. Speaker, I yield back the balance Space Administration.’’. cilities in my district; and I am a pas- of my time. The concurrent resolution was agreed sionate advocate for NASA, a strong The SPEAKER pro tempore (Mr. to. supporter of this legislation, because I LAHOOD). The question is on the mo- A motion to reconsider was laid on recognize the importance of investing tion offered by the gentleman from the table. in our Nation’s future through invest- New York (Mr. BOEHLERT) that the f ments and the scientific and techno- House suspend the rules and agree to logical innovations that only NASA the conference report on the Senate TERRORISM RISK INSURANCE and the space program have been able bill, S. 1281. REVISION ACT OF 2005 to produce for us. From the Blackberry The question was taken; and (two- Mr. OXLEY. Mr. Speaker, I move to on our belts, the microcomputers, the thirds having voted in favor thereof) suspend the rules and concur in the

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.069 H17DEPT1 H12136 CONGRESSIONAL RECORD — HOUSE December 17, 2005 Senate amendment to the House (A) by inserting ‘‘through Program Year 4’’ ‘‘(2) REPORT.—Not later than September 30, amendment to the Senate bill (S. 467) before ‘‘shall be equal’’; and 2006, the President’s Working Group on Finan- to extend the applicability of the Ter- (B) by inserting ‘‘, and during Program Year cial Markets shall submit a report to the Com- rorism Risk Insurance Act of 2002. 5 shall be equal to 85 percent,’’ after ‘‘90 per- mittee on Banking, Housing, and Urban Affairs cent’’; and of the Senate and the Committee on Financial The Clerk read as follows: (2) in each of paragraphs (2) and (3), by strik- Services of the House of Representatives on its Senate amendment to House amendment: ing ‘‘Program Year 2 or Program Year 3’’ each findings pursuant to the analysis conducted In lieu of the matter proposed to be in- place that term appears and inserting ‘‘any of under subsection (a).’’. serted by the House amendment to the text Program Years 2 through 5’’. The SPEAKER pro tempore. Pursu- of the bill, insert: SEC. 5. AGGREGATE RETENTION AMOUNTS AND ant to the rule, the gentleman from SECTION 1. SHORT TITLE. RECOUPMENT OF FEDERAL SHARE. Ohio (Mr. OXLEY) and the gentleman This Act may be cited as the ‘‘Terrorism Risk (a) AGGREGATE RETENTION AMOUNTS.—Section Insurance Extension Act of 2005’’. 103(e)(6) of the Terrorism Risk Insurance Act of from Pennsylvania (Mr. KANJORSKI) SEC. 2. EXTENSION OF TERRORISM RISK INSUR- 2002 (15 U.S.C. 6701 note; 116 Stat. 2329) is each will control 20 minutes. ANCE PROGRAM. amended— The Chair recognizes the gentleman (a) PROGRAM EXTENSION.—Section 108(a) of (1) in subparagraph (B), by striking ‘‘and’’ at from Ohio. the Terrorism Risk Insurance Act of 2002 (15 the end; GENERAL LEAVE U.S.C. 6701 note; 116 Stat. 2336) is amended by (2) in subparagraph (C), by striking the period Mr. OXLEY. Mr. Speaker, I ask unan- striking ‘‘2005’’ and inserting ‘‘2007’’. at the end and inserting a semicolon; and imous consent that all Members may (b) MANDATORY AVAILABILITY.—Section 103(c) (3) by adding at the end the following: have 5 legislative days within which to of the Terrorism Risk Insurance Act of 2002 (15 ‘‘(D) for Program Year 4, the lesser of— U.S.C. 6701 note; 116 Stat. 2327) is amended— ‘‘(i) $25,000,000,000; and revise and extend their remarks on this (1) by striking paragraph (2); ‘‘(ii) the aggregate amount, for all insurers, of legislation and to insert extraneous (2) by striking ‘‘AVAILABILITY.—’’ and all insured losses during such Program Year; and material thereon. that follows through ‘‘each entity’’ and insert- ‘‘(E) for Program Year 5, the lesser of— The SPEAKER pro tempore. Is there ing ‘‘AVAILABILITY.—During each Program ‘‘(i) $27,500,000,000; and objection to the request of the gen- Year, each entity’’; and ‘‘(ii) the aggregate amount, for all insurers, of tleman from Ohio? (3) by redesignating subparagraphs (A) and insured losses during such Program Year.’’. There was no objection. (B) as paragraphs (1) and (2), respectively, and (b) RECOUPMENT OF FEDERAL SHARE.—Section Mr. OXLEY. Mr. Speaker, I yield my- moving the margins 2 ems to the left. 103(e)(7) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2329) is self such time as I may consume. SEC. 3. AMENDMENTS TO DEFINED TERMS. Mr. Speaker, on the morning of Sep- (a) PROGRAM YEARS.—Section 102(11) of the amended— (1) in subparagraph (A), by striking ‘‘, (B), tember 11, 2001, this Nation suffered a Terrorism Risk Insurance Act of 2002 (15 U.S.C. series of brutal terrorist attacks. Al 6701 note; 116 Stat. 2326) is amended by adding and (C)’’ and inserting ‘‘through (E)’’; and at the end the following: (2) in each of subparagraphs (B) and (C), by Qaeda’s terrorists murdered thousands ‘‘(E) PROGRAM YEAR 4.—The term ‘Program striking ‘‘subparagraph (A), (B), or (C)’’ each of innocent Americans, caused billions Year 4’ means the period beginning on January place that term appears and inserting ‘‘any of of dollars in damage and placed our fi- 1, 2006 and ending on December 31, 2006. subparagraphs (A) through (E)’’. nancial markets in jeopardy. While the ‘‘(F) PROGRAM YEAR 5.—The term ‘Program SEC. 6. PROGRAM TRIGGER. marketplace was ultimately able to Year 5’ means the period beginning on January Section 103(e)(1) of the Terrorism Risk Insur- survive the more than $30 billion loss, ance Act of 2002 (15 U.S.C. note, 116 Stat. 2328) 1, 2007 and ending on December 31, 2007.’’. insurance reserves were demolished (b) EXCLUSIONS FROM COVERED LINES.— is amended— and solvency was put at risk. Insurers (1) IN GENERAL.—Section 102(12)(B) of the Ter- (1) by redesignating subparagraph (B) as sub- rorism Risk Insurance Act of 2002 (15 U.S.C. paragraph (C); and could not predict when another ter- 6701 note; 116 Stat. 2326) is amended— (2) by inserting after subparagraph (A) the rorist attack would take place or how (A) in clause (vi), by striking ‘‘or’’ at the end; following: damaging the next attack could be and (B) in clause (vii), by striking the period at ‘‘(B) PROGRAM TRIGGER.—In the case of a cer- were forced to begin to exclude ter- the end and inserting a semicolon; and tified act of terrorism occurring after March 31, rorism coverage from commercial poli- (C) by adding at the end the following: 2006, no compensation shall be paid by the Sec- cies, leaving policyholders bare. The retary under subsection (a), unless the aggre- ‘‘(viii) commercial automobile insurance; resulting lack of terrorism insurance ‘‘(ix) burglary and theft insurance; gate industry insured losses resulting from such ‘‘(x) surety insurance; certified act of terrorism exceed— put at risk numerous development ‘‘(xi) professional liability insurance; or ‘‘(i) $50,000,000, with respect to such insured projects and threatened our Nation’s ‘‘(xii) farm owners multiple peril insurance.’’. losses occurring in Program Year 4; or economy. ‘‘(ii) $100,000,000, with respect to such insured (2) CONFORMING AMENDMENT.—Section b 1830 102(12)(A) of the Terrorism Risk Insurance Act losses occurring in Program Year 5.’’. of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is SEC. 7. LITIGATION MANAGEMENT. To respond to this crisis, the House amended by striking ‘‘surety insurance’’ and in- Section 107(a) of the Terrorism Risk Insurance Financial Services Committee imme- serting ‘‘directors and officers liability insur- Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2335) diately created the Terrorism Risk In- ance’’. is amended by adding at the end the following: surance Act, or TRIA. A year later, the (c) INSURER DEDUCTIBLES.—Section 102(7) of ‘‘(6) AUTHORITY OF THE SECRETARY.—Proce- Senate finally acted and the President the Terrorism Risk Insurance Act of 2002 (15 dures and requirements established by the Sec- U.S.C. 6701 note; 116 Stat. 2325) is amended— signed TRIA into law. retary under section 50.82 of part 50 of title 31 TRIA has provided a Federal back- (1) in subparagraph (D), by striking ‘‘and’’ at of the Code of Federal Regulations (as in effect the end; on the date of issuance of that section in final stop protecting policyholders against (2) by redesignating subparagraph (E) as sub- form) shall apply to any cause of action de- future catastrophic terrorist attacks. paragraph (G); scribed in paragraph (1) of this subsection.’’. TRIA has been a resounding success in (3) by inserting after subparagraph (D), the SEC. 8. ANALYSIS AND REPORT ON TERRORISM ensuring the availability of terrorism following: RISK COVERAGE CONDITIONS AND coverage for commercial policyholders. ‘‘(E) for Program Year 4, the value of an in- SOLUTIONS. TRIA is set to expire at the end of surer’s direct earned premiums over the calendar Section 108 of the Terrorism Risk Insurance the year. Unfortunately, the risks from year immediately preceding Program Year 4, Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2336) multiplied by 17.5 percent; terrorism remain acute and the private is amended by adding at the end the following: markets cannot function without an ‘‘(F) for Program Year 5, the value of an in- ‘‘(e) ANALYSIS OF MARKET CONDITIONS FOR surer’s direct earned premiums over the calendar TERRORISM RISK INSURANCE.— appropriate government backstop. The year immediately preceding Program Year 5, ‘‘(1) IN GENERAL.—The President’s Working legislation before us today, S. 467, the multiplied by 20 percent; and’’; and Group on Financial Markets, in consultation Terrorism Risk Insurance Extension (4) in subparagraph (G), as so redesignated, with the National Association of Insurance Act, temporarily extends the terrorism by striking ‘‘through (D)’’ and all that follows Commissioners, representatives of the insurance risk backstop for 2 years, while in- through ‘‘Year 3’’and inserting the following: industry, representatives of the securities indus- creasing participation of the private ‘‘through (F), for the Transition Period or any try, and representatives of policy holders, shall Program Year’’. sector. perform an analysis regarding the long-term As in our committee legislation, this SEC. 4. INSURED LOSS SHARED COMPENSATION. availability and affordability of insurance for Section 103(e) of the Terrorism Risk Insurance terrorism risk, including— bill raises the program trigger from $5 Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2328) ‘‘(A) group life coverage; and million to $50 million in the first year is amended— ‘‘(B) coverage for chemical, nuclear, biologi- of the extension and then to $100 mil- (1) in paragraph (1)— cal, and radiological events. lion for the second year, ensuring that

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.073 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12137 Federal participation will only happen the House and sent over to the other Ms. PRYCE of Ohio. Mr. Speaker, I for large-scale attacks. body, only to get to this 11th hour and appreciate the time yielded by the gen- It also increases the insurer get back some legislation that is less tleman. deductibles by a reasonable amount than a good product. Mr. Speaker, today the House will each year and significantly increases It does several things; and I dare say, vote on legislation that continues the the taxpayer payback to better protect I have to rise to support it because it is commitment Congress made in 2001 to consumers. the only thing flying in town tonight. safeguard our Nation’s economy in the Mr. Speaker, it is with some frustra- And since terrorism reinsurance will event of another catastrophic terrorist tion and sadness when I say that Mem- expire in 2 weeks to an incredible dis- attack. Chairman OXLEY and Chairman bers of Congress and the administra- advantage of American business and BAKER and their staffs deserve enor- tion who believe that the risk of ter- American jobs, I think we have no al- mous credit for the hard work through- rorism will disappear in 2 years are ternative but to support this piece of out this process, because just last week fooling themselves. It is my firm belief legislation tonight. the House passed a bill which presented that a TRIA extension should have in- What it does not do, however, is it a balanced and very responsible ap- cluded some actual reforms to reinvig- does not pass on and consider legisla- proach to continuing the TRIA pro- orate the private sector and replace tion taking care of nuclear, chemical, gram. our Federal program with a permanent biological, radioactive terrorism inci- It provided for the availability of ter- private sector solution. dents. What it does not include is al- rorism insurance, encouraged the de- While this legislation is bereft of any lowing for a commission that would sit velopment of private capital, and re- reforms to build long-term protections down and analyze and develop a mecha- quired full mandatory taxpayer reim- for commercial policyholders, I am nism so that we can pass the responsi- bursement of Federal assistance grant- confident Congress will be forced to re- bility for the public back to the private ed to the insurance industry. turn to this issue before 2 years have sector in a smart and reasonable way. While the House version included expired. It is a sad commentary on our And it does not extend it nearly for more forward-looking market-based ability to look forward and to be cre- long enough or provide for the continu- provisions than the final bill that we ative, which I think the House legisla- ation of this type of coverage into the have before us today, passage of this tion clearly did. It is unfortunate that future, because as the chairman well legislation nonetheless remains nec- our brethren in the other body saw fit said, 2 years is entirely too short. The essary. to take such a narrow attitude. only thing we are certain of is we will The potential for another terrorist I hope that the Presidential working be back in this Chamber within the 2 attack is frightening enough, but group that is created by this legisla- years to do something over again, hav- hamstringing our Nation’s ability to tion will examine the need to create ing lost 2 years of work product and recover finally is unthinkable and irre- dedicated, long-term terrorism re- probably again 2 years of involvement. sponsible. Without action today, our serves and private pooling and risk- Finally, the last thing the bill does economy would suffer. This bill is sharing facilities to permanently pro- not include today that is a great dis- about more than our insurance indus- tect our Nation from the economic appointment to me is comprehensive try. Businesses large and small depend threat of terrorism. If such forward thinking and plan- health coverage insurance. It seems upon the availability of this insurance. ning is not done as contemplated in our that we are willing to insure the build- We must provide certainty to our bill, the industry will be back at the ings, but not the people. Group life was manufacturers, our builders, our bank- Federal trough seeking yet another ex- included in the House side of the bill, ers, retailers, Realtors, developers and tension of this program; and make no but has fallen out as the bill has come others; and we are dedicated to secur- mistake about it, whatever it is, Con- back from the Senate. ing our country against the physical gress will respond. I guess the last sport I would com- and economic consequences of another We should give special recognition to plain about with the Senate is, if I re- terrorist attack. the subcommittee chairman, the gen- call, several days ago or maybe a week I appreciate so much Chairmen Oxley tleman from Louisiana (Mr. BAKER), has gone by, we had the appointment of and Baker’s hard work on this issue, for introducing legislation developing a a conference committee in the House. Congressman KANJORSKI as well. Con- long-term private sector reform to And our coach was lined up and ready gress must continue to work to find a strengthen the private-public sector to go. We all went out and bought uni- permanent solution enabling the pri- partnership, to improve terrorism in- forms and prepared to do battle, and vate market to better provide ter- surance for consumers. somebody forget to give the referee a rorism insurance, and I am sure we will I also applaud my colleagues Mrs. whistle. As I understand, the con- continue to seek that solution. KELLY, Mr. SESSIONS, Ms. PRYCE, Mr. ference never started or ended. This is Mr. KANJORSKI. Mr. Speaker I yield DAVIS, Mr. FOSSELLA, Mr. RENZI, and merely a product sent over as a last- 2 minutes to the gentleman from Mas- Mr. FERGUSON for their help and lead- ditch effort, take it or leave it. That is sachusetts (Mr. FRANK). ership, as well as Ranking Member what we are faced with. Mr. FRANK of Massachusetts. Mr. FRANK, Mr. KANJORSKI, and Mr. But with all of that said, I think it is Speaker, I appreciate the hard work CAPUANO for their bipartisanship co- another example that, at least here on and the candor of the chairman of the operation and commitment to pro- the House side, the Financial Services committee. It really is disappointing. tecting our Nation. Committee has had and has displayed a We did a good bipartisan effort here, Their leadership is proof that the great deal of capacity to work together put together a bill. There were some House can work together to get things in trying times. questions about it. It was a comprehen- done for America. Too bad we did not I wanted to thank and recognize all sive bill and attacked a number of the have better cooperation from the other the folks on the Republican side of the issues. side. I urge all of my colleagues to vote aisle that were so bipartisan in work- What happened in the Senate was a in favor of this important and nec- ing on this. And I think we were of travesty of the legislative process and essary legislation. common mind to get it done, and we a refusal finally by the chairman Mr. Speaker, I reserve the balance of got a good product done. frankly of the committee to engage us my time. On my side of the aisle, many of the at all. We are left with this Hobson’s Mr. KANJORSKI. Mr. Speaker, I participants in this legislation will choice, in the literal sense, that is, no yield myself such time as I may con- have an opportunity to speak, and they choice at all, that is, we have to pass sume. can critique the legislation and their this bill or else this program expires. Mr. Speaker, I join my colleague in own role as they do speak. Unfortunately, a number of things expressing a little disappointment in Mr. Speaker, I reserve the balance of were left out. We will hear from the the failure of the other body to rise to my time. gentlewoman from Florida about her the occasion. Mr. OXLEY. Mr. Speaker, I yield 2 important provision protecting people A considerably better piece of legis- minutes to the gentlewoman from Ohio against unfair discrimination in their lation was drafted and passed here in (Ms. PRYCE). travel plans. One of the things that we

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.075 H17DEPT1 H12138 CONGRESSIONAL RECORD — HOUSE December 17, 2005 will also hear is from the gentleman that report FOS11 expresses deep concern bills in favor of the mandate, membership from New York (Mr. ISRAEL). He about the wide swath of immunity granted and direct broad stakeholder participation in worked hard with the families of 9/11. by the Act and subsequent legislation to the House Commission approach. We also Mr. Speaker, I will submit for the public and private entities for the con- support adding each of the members of the sequences of the September 11 attacks. We Presidential Working Group to this Commis- RECORD a packet of correspondence to observe that the deterrent goals of our sion and a representative from Homeland Se- and from the families. They wanted a American compensation system—imposing curity, an actuary and a risk manager/mod- commission to study this issue as part the cost of harmful acts on those who could eler. of this. They wanted representation. and should have, but did not, prevent them— Unless Congress takes a leadership role by And the families of 9/11, after all, are were not achieved. Nor could they have been. providing this neutral forum for all stake- the people out of whom this whole ter- The reason. The insurance industry had not holders to openly and ‘‘face to face’’ debate (understandably) appreciated and analyzed the complex and interdependent issues nec- rorism response grew, the victimiza- essary for the insurance industry to play its tion of their loved ones. the terrorist exploitable vulnerabilities of its insureds and the magnitude of the expo- traditional role, we will be no further along They asked for a commission. We in sures and built the reserves and provided the in two years than we are now. Congress’s the House worked with them on a bi- limits necessary to pay the losses that re- leadership is far more important than its partisan basis. We have that commis- sulted. dollars on this issue. We need to prepare, so sion. The Senate simply blatantly ig- The FOS11 Final Report on the Fund con- that government will not be obliged to step nored them. And they tried. They ap- cludes by urging Congress to: in again, as it did following September 11, pealed to the Senate and they appealed a. use the perspectives of time and experi- 2001. Failure to provide such a forum will in- ence in implementation of the Victim Com- crease the risk of future terrorist attacks to the White House and they were and result in an unplanned and dispropor- turned away. pensation Fund to consider carefully issues it was forced to address hastily in the imme- tionate government response at taxpayer ex- Group life is gone. This is kind of diate aftermath of the terrorist attacks of pense. Moreover, achieving viable, solvent and like, remember the old neutron bomb? September 11, 2001; long term terrorism insurance that is driven It killed people and left the buildings b. assess how well the rules adopted in 2002 by the private sector, but appropriately sup- standing. We have neutron terrorism to implement the legislation met Congres- ported by government, is not a matter of re- sional intent; insurance. It protects the buildings, solving unilaterally one or a few simple ‘‘in- c. consider the incentives and disincentives but it ignores the people. It is both a surance’’ questions. The issues are many and to reducing the risks of terrorist attacks im- travesty of the legislative process, touch every social, economic, and po1itical plicit in the legislation; and what the Senate has done; and I have policy in our nation. Congress can use this d. fashion legislation that will reduce Commission to lead the private sector stake- to say this, despite the fact that we got those risks and ensure that victims of future holders to a day when they will find it in good bipartisan corporation here, and terrorist attacks and their families are made their economic interests to reduce the risk there were differences, we had dif- whole. of the next terrorist attack (sadly, there will ferences where ideology got into play, Although FOS11 believes that the Ter- be one) and have the resources, in the form rorism Risk Insurance Act (TRIA) is not the but unfortunately there is a right wing of insurance, to respond to the losses. The long term solution to deterring and, if deter- ideological fundamentalism so en- compromise we support is a critical oppor- rence fails, paying for future terrorist losses, trenched in this Capitol in various tunity for loss mitigation and remediation it does believe that it is a necessary bridge places that that is why we do not have at all levels of our society. to comprehensive forward looking legisla- the kind of terrorism risk insurance I urge you and your staff to work with tion that will allow the insurance industry your counterparts in the House to reach the bill we ought to have. to play the vital role of providing remedies I believe in the market. I believe in Commission compromise Ron and I support. to the casualties of future terrorist attacks He and I have pledged our groups and our- the market’s function, but we have and, through risk assessments and premium selves to work as hard with the Commission people who believe in the market when allocations, a safer America. to achieve this goal over the next year as we it does not exist. And that is the case FOS11 joins the Defense Research Institute have with Congress to date on the terrorism in terrorism insurance. in its support of legislation that (1) extends insurability/risk transfer debate. FAMILIES OF SEPTEMBER 11, INC., TRIA until December 31, 2007, to ensure an Very truly yours, New York, NY, November 3, 2005. orderly transition to a long term solution to DONALD W. GOODRICH, Hon. MICHAEL G. OXLEY, the terrorism risk insurance questions and President Chair and Co-Sponsor of the House TRIA Bill, (2) provides for a Presidential Working FAMILIES OF SEPTEMBER 11, INC., House of Representatives, Committee on Fi- Group or Congressional Commission to de- New York, NY, December 14, 2005. nancial Services, Rayburn House Office velop a viable and solvent program to suc- Re Preservation of the Commission Ap- Building, Washington, DC. ceed TRIA. proach in the Compromise Terrorism Hon. RICHARD BAKER, The unique perspective of FOS11 equips it Risk Insurance Act That Reconciles S. Co-Sponsor of the House TRIA Bill, House of well to participate in the creation of solu- 467 and HR 4314. tions to the complex accountability, respon- Representatives, Committee on Financial DEAR MR. HUBBARD: The undersigned is sibility, remedies and related prevention Services, Rayburn House Office Building, President of Families of September 11, Inc. issues raised by the continuing threat of ter- Washington, DC. (FOS11). FOS11 is a nonprofit organization rorist acts and the vital role insurance can Hon. BARNEY FRANK founded in October 2001 by families of those (must) play in these solutions. We ask that Ranking Democrat, House of Representatives, who died in the September 11 terrorist at- FOS11 be a participant in this crucial debate. Committee on Financial Services, Rayburn tacks. The FOS11 mission is to raise aware- Very truly yours, House Office Building, Washington, DC. ness about the effects of terrorism and public DONALD W. GOODRICH, DEAR REPRESENTATIVES OXLEY, FRANK and trauma and to champion domestic and inter- Chairman of the Board. BAKER: The undersigned is Chairman of the national policies that prevent, protect Board of Families of September 11, Inc. against, and respond to terrorist acts. Our FAMILIES OF SEPTEMBER 11, INC., (FOS11). FOS11 is a nonprofit organization members (over 2,000) reside in 48 states and New York, NY, December 12, 2005. founded in October 2001 by families of those 20 countries. Solvent and viable terrorism in- Re Preservation of the Commission approach who died in the September 11 terrorist at- surance is a weapon against terrorism and in the Compromise Terrorism Risk Insur- tacks. The FOS11 mission is to raise aware- the matter in caption is vital to this goal. ness about the effects of terrorism and public ance Act that reconciles S. 467 and H.R. Although FOS11 believes that the Ter- trauma and to champion domestic and inter- 4314. rorism Risk Insurance Act (TRIA) is not the national policies that prevent, protect Senator PAUL S. SARBANES, long term solution to deterring and, if deter- against, and respond to terrorist acts. Our Senate Committee on Banking, Housing and rence fails, paying for future terrorist losses, members (over 2,000) reside in 48 states and Urban Affairs, Washington, DC. it does believe that it is a necessary bridge 20 countries. DEAR SENATOR SARBANES: Last week, Ron to comprehensive forward looking legisla- Soon after its founding FOS11 began ana- Robinson, Chair of the Defense Research In- tion that will allow the insurance industry lyzing and responding to issues raised by the stitute’s TRIA Subcommittee and I met with to play the vital role of providing remedies Air Transportation Safety and System Secu- most of the Senior Staff for Senators Shelby, to the casualties of future terrorist attacks rity Act (the Act), of which the September Bennett, Dodd, and Kennedy and Representa- and, through risk assessments and premium 11th Victims Compensation Fund of 2001 (the tives Oxley, Baker, Shays, Crowley, Israel allocations, a safer America. Fund) forms a part, and subsequent legisla- and Maloney and of the Senate Banking and FOS11 takes no position on the insurance tion. In June of this year FOS11 submitted to House Financial Services Committees to lis- specific differences between the TRIA exten- the Justice Department its Final Report on ten and to debate the captioned matter. sion bills from the House and Senate now in the Fund, an Executive Summary of which Families of September 11 remains fu11y informal conference, but it is fully com- was placed in the CONGRESSIONAL RECORD. In committed to a reconciliation of these two mitted to a reconciliation of those bills in

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.076 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12139 favor of the mandate, membership and direct to preserve the Commission and the inclu- One is the public-private commission broad stakeholder participation in the House sion of a victims’ representative on it. I urge on long-term solutions. The 9/11 fami- Commission approach. We also support add- you to continue your efforts in support of lies very much wanted to participate in ing each of the members of the Presidential the House provision, and I will work with a commission that would develop new Working Group contemplated by the Senate you to be as persuasive with the Senate as bill to this Commission and a representative you were with the House. policies, new alternatives to TRIA. Not from Homeland Security, an actuary and a BARNEY FRANK. only was their voice left out of this risk manager/modeler. bill, but the commission itself was left Unless the White House takes a leadership Mr. OXLEY. Mr. Speaker, I yield 2 out of this bill. role by supporting this neutral forum for all minutes to the gentlewoman from New Instead, we are going to have a bu- stakeholders to openly and ‘‘face to face’’ de- York (Mrs. KELLY), who has been one of reaucratic report produced by a Presi- bate the complex and interdependent issues the leaders on very important issues dential working group. I am sure it will necessary for the insurance industry to play and chairs the oversight subcommittee. be a good-faith effort, but surely those its traditional role, we will be no further Mrs. KELLY. Mr. Speaker, I rise families deserve to be heard. along in two years than we are now. Leader- today to urge my colleagues to vote for ship is far more important than dollars on this bill, although I do so with a great b 1845 this issue. We need to prepare, so that gov- ernment will not be obliged to step in again, deal of disappointment. Surely those families have a tragic as it did following September 11, 2001. Fail- This bill does reauthorize TRIA for expertise in how lives can be destroyed ure to provide such a forum will increase the the next 2 years, and failure to reau- and how livelihoods can be lost. And I risk of future terrorist attacks and result in thorize the program would lead to gaps am very disappointed that they have an unplanned and disproportionate govern- in insurance coverage that could kill been excluded, that their voices have ment response at taxpayer expense. economic growth and recovery nation- been silenced. Moreover, achieving viable, solvent and wide. Unfortunately, this bill contains And the second concern that I have, long term terrorism insurance that is driven none of the improvements to the TRIA Mr. Speaker, is that group life was not by the private sector, but supported by sound program that the House passed earlier. included in this product despite the government policies, is not a matter of re- The bill before us today lacks group solving unilaterally one or a few simple ‘‘in- best efforts on both sides of the aisle. surance’’ questions. The issues are many and life coverage. It lacks coverage for do- It seems to me common sense and cer- touch every social, economic, and political mestic terrorism. It lacks a commis- tainly compassion that if we are going policy in our nation. These policy issues sion to study the availability of ter- to insure bricks and steel and glass and need open and rigourous debate by a broad rorism insurance for the World Trade mortar, then surely we should insure spectrum of perspectives in order that the Center, and other sites after this cur- the lives of people who work inside the private sector stakeholders will come to a rent extension ends. bricks and the steel and the glass and day when they will find it in their economic The other body’s refusal to negotiate interests to reduce the risk of the next ter- the mortar, that surely their lives are with this House on ways to make TRIA just as valuable as property. So it is rorist attack (sadly, there will be one) and work better for the taxpayers, policy have the resources, in the form of insurance, with a measure of profound disappoint- to respond to the losses. The compromise we holders, and regulators is beyond seri- ment that group life was excluded from support is a critical opportunity to achieve ously disappointing. As Chairman this final product. loss mitigation and remediation at all levels OXLEY said, and you have heard from This is, in fact, an imperfect bill, and of our society. other Members, this legislation simply certainly it is drastically less perfect Solutions to the complex accountability, kicks the can down the road. It is an than the language that was reported on responsibility, remedies and related preven- opportunity that has been lost. a bipartisan basis from the House Fi- tion issues raised by the continuing threat of I want to thank Chairman OXLEY and nancial Services Committee. But we terrorist acts and the vital role insurance Chairman BAKER for their hard work. I ought not let an imperfect bill stop an can (must) play in these solutions are essen- want to thank my colleagues on the adequate bill. And so because this is a tial to the war on terrorism. I urge you and other side of the aisle. We have worked your staff to work with your, counterparts in good start and because we do have an together to try to create a very strong the House and Senate to reach the Commis- opportunity to still get this right, I sion compromise FOS11 supports. Only with bill that would help the United States of America economically. will support this extension and urge all the cross debate and transparancy this type of our colleagues to continue to work commission assures can full participation by Mr. Speaker, I look forward to imme- the private sector in the war on terrorism diately working with them on a better, together to pass something that makes here on our soil be achieved. stronger reauthorization of the pro- the most sense for our Nation and its Very truly yours, gram before it expires again in 2009. economy. DONALD W. GOODRICH, Mr. KANJORSKI. Mr. Speaker, I Mr. OXLEY. Mr. Speaker, I reserve President. yield to the gentleman from New York the balance of my time. Attachment: Letter from Representative (Mr. ISRAEL) for 3 minutes. Mr. KANJORSKI. Mr. Speaker, I Barney Frank dated December 9, 2005. Mr. ISRAEL. Mr. Speaker, I did not yield 3 minutes to the gentlewoman CONGRESS OF THE UNITED STATES, become involved in the issue of TRIA from New York (Mrs. MALONEY). HOUSE OF REPRESENTATIVES, because of my seat on the House Finan- Mrs. MALONEY. Mr. Speaker, I Washington, DC, December 9, 2005. cial Services Committee. I became in- thank the gentleman for yielding me DON GOODRICH, this time and for his leadership on this Chairman of the Board, volved in it because my district is lo- Families of September 11. cated approximately 50 miles from extremely important bill. RONALD R. ROBINSON, Ground Zero, because I represent over And I rise in strong support of the ex- Chair, TRIA Subcommittee, 100 families whose lives and livelihood tension of the Terrorism Risk Insur- Defense Research Institute. were completely upended as a result of ance Act for an additional 2 years. DEAR MR. GOODRICH AND MR. ROBINSON: I the attacks on our Nation on 9/11. The creation of antiterrorism insur- thank you for your support for the extension Mr. Speaker, I am going to support ance after 9/11 stabilized our Nation’s of the Terrorist Risk Insurance Act and for this extension, but I join with my col- economic footing, but it is set to expire your constructive suggestion to not only at the end of this year. Businesses in have a Commission with broad membership, leagues on both sides of the aisle in but also to include a representative of the supporting it with some measure of dis- my district with insurance policies victims of terrorism on the Commission. As appointment. Our committee, under bi- that have expired since this September you are no doubt aware, on December 7, 2005 partisan leadership, reported a strong, have told me that they cannot find in- the House passed legislation that includes comprehensive TRIA extension that in- surance coverage in this country any- those provisions by a vote of 371 to 49 and cluded group life and covered domestic where. They have been forced to look sent it to the Senate with a request for a terrorism, had a public-private com- in England. Homeland security in- conference. mission to ensure long-term alter- cludes economic security, and after 9/ We only have about 10 or 12 days to work 11, of all the acts of this body, the most out the differences between the two bills, natives to TRIA. None of that was in- and the Administration has expressed its op- cluded in the final product that we are important was the antiterrorism insur- position to the House-passed bill and will going to vote on today. ance. It helped us start to rebuild and likely try to get the Senate to oppose com- I have two major concerns that I will to build our economic foundation in promising with the House. We will work hard share with my colleagues, Mr. Speaker. New York and across this country.

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.070 H17DEPT1 H12140 CONGRESSIONAL RECORD — HOUSE December 17, 2005 That is why it is so very important work very diligently to make sure that plore and travel legally and freely that we pass this extension. Clearly, we work towards a process working around the world, be it for rec- the terrorist threat remains, and TRIA with the private sector, ensuring that reational, religious or cultural pur- is still an economic necessity. we move and transition in a way that poses. The unrestrained lawful foreign I am disappointed that the good work really puts this back into a free mar- travel of American citizens is generally of the Financial Services Committee to ketplace, which is where it belongs. considered to be in the best interest of create a stronger bill that would help So I want to thank the chairman for the United States. the private sector take on the problem his hard work. I know that he shares in Potential future travel to countries, of terrorism insurance has been set the disappointment that we are not especially our Nation’s allies, should aside in favor of a more limited bill really considering the House version, not be the sole basis for denying indi- that simply kicks the can down the which is a better version, tonight and vidual life insurance coverage. When road, as Chairman OXLEY so correctly which was a more fiscally responsible we allow this to occur, we give in to put it and as Ranking Member FRANK version. terrorists and others who wish to and Mr. KANJORSKI have highlighted. Mr. KANJORSKI. Mr. Speaker, I change our way of life. While we should The bill before us would be better were yield 3 minutes to the gentlewoman be proud that this provision gleaned it to extend to group life, domestic ter- from Florida (Ms. WASSERMAN broadbased, bipartisan support in the rorism and if it covered nuclear, bio- SCHULTZ). House, it is wrong that the other body logical, chemical or radioactive events, Ms. WASSERMAN SCHULTZ. Mr. refused to conference on the important and were it to create the commission Speaker, the infinite risks associated elements in the House-passed version to study the problem and make rec- with terrorism demonstrated their po- of TRIA. We cannot stop fighting for ommendations, as included in the tential to destabilize our Nation’s mar- American consumers and taxpayers. House bill. We should task the private kets after the attacks of September 11, We must back up our tough talk about sector with developing innovative solu- which is why I will support the final fighting terrorism with action. tions instead of just relying on the gov- version of TRIA before the House And, again, Mr. Speaker, I wish to today. However, I, too, do so with ernment. thank Chairman OXLEY and Ranking strong reservations and some dis- Because I feel these elements are so Member FRANK for working coopera- very important, I am cosponsoring a appointment in what could have and tively together. It is a privilege to bipartisan bill with my New York col- should have been. serve on a committee that puts as a In spite of the tremendous leader- league Vito Fossella to establish the high priority working together for the ship, hard work and cooperative efforts commission and to provide flexibility greater good. put forth by House Financial Services in extending coverage for target sites Mr. OXLEY. Mr. Speaker, I reserve Committee Chairman MICHAEL OXLEY such as Ground Zero. the balance of my time. and Ranking Member BARNEY FRANK, Though the House bill did much bet- Mr. KANJORSKI. Mr. Speaker, I the other body chose to forego a fair ter than this bill, we need to pass what yield 3 minutes to the gentleman from and democratic conference process and we have before us today and continue New York (Mr. CROWLEY). needlessly tossed away an opportunity to work on the problem together. Mr. CROWLEY. Mr. Speaker, I thank to truly strengthen our markets and Once again, I thank my colleagues on my friend from Pennsylvania for yield- protect consumers. both sides of the aisle for their help ing me this time. I commend Chairman OXLEY, Rank- and support to New York City, and I Mr. Speaker, I rise in support of the ing Member FRANK, Mr. KANJORSKI and thank the leadership on both sides of Terrorism Risk Insurance Revision Act Mr. BAKER and all the members and of 2005. the aisle for backing this bill and pass- staff, especially, of the Financial Serv- As one of the original voices calling ing TRIA. It is important, and we will ices Committee for producing an initial for an extension of this important Fed- continue to work together. bill that included a number of critical eral backstop, I am pleased we are vot- Mr. OXLEY. Mr. Speaker, I yield 2 reforms to help protect Americans and ing on this bill before today and allow- minutes to the gentleman from Texas our economy in the event of another ing the TRIA program to continue for (Mr. NEUGEBAUER), a valuable member terrorist attack. of the committee. This initial bill passed by an over- an additional 2 years. Mr. NEUGEBAUER. Mr. Speaker, I whelming majority here on the House And while I support this bill and do thank the chairman for yielding me floor and included a number of impor- so because I recognize the importance this time. tant consumer protections. As has been of this legislation and its critical need Like many of the previous speakers, discussed, it would have extended the to our economy, especially in major I, too, am very disappointed this Federal backstop to include group life urban areas like New York City, this is evening that we did not have an oppor- insurance, thereby ensuring that tax- not the bill I would have written. The tunity to bring some real reform to payer dollars would be used not only to House Committee on Financial Serv- this process. The committee, I think, undergird real estate and insurance ices, under the leadership of Chairman worked very hard in making sure that companies in the event of brick and MIKE OXLEY and Ranking Member BAR- we move down the road of mortar losses, but it would have pro- NEY FRANK, produced a strong bipar- transitioning this insurance program vided financial protections to families tisan bill; then we responsibly named back to the private sector, which is who suffered the loss of a loved one in conferees to hammer out the dif- where it belongs. Unfortunately, the the event of another tragedy like Sep- ferences between the Senate- and the version that we are considering tonight tember 11. House-passed bills. will not do that. Moreover, those same taxpayers are Unfortunately our colleagues in the Another thing that is extremely dis- being denied the right to travel freely Senate, led by Chairman SHELBY, re- appointing, I think, about tonight’s by some of the very insurance compa- fused to participate in civics class 101, version is that, in the event of a cata- nies who sought the extension of TRIA ignoring the House bill and ignoring strophic event, the American taxpayers in the first place. The House’s bill in- the important contributions of the were going to step up in a gap basis but cluded a provision that I introduced House. They ignored major provisions eventually get all of their money back. and passed with the support of my col- such as the inclusion of group life cov- In this particular bill, that will not be leagues on the Financial Services Com- erage in this bill so that the Federal the case. This is an area where the gov- mittee during the markup of TRIA to TRIA program would cover not only ernment, I think, stepped in at an ap- address this unfair practice. While buildings destroyed by terrorists but propriate time to shore up the market- Americans can legally travel without the people in them as well. The Senate place, the insurance marketplace; but I the fear of government standing in our ignored language that would have pro- think one of the things that is very im- way, some life insurance companies do hibited the denial of life insurance to portant is that, as we move forward, stand in the way, and they will con- Americans who have traveled or even while we are going to extend this for a tinue to do so until this Congress acts. planned to travel to countries that ac- period of 2 years, I think it is impor- As Americans, one of the liberties we tuaries view as ‘‘troublesome,’’ such as tant that the committee continue to cherish and enjoy is the freedom to ex- Israel or Colombia.

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.078 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12141 The Senate refused to include lan- Mr. OXLEY. Mr. Speaker, in closing, Ohio (Mr. OXLEY) that the House sus- guage to provide for a real commission I just want to say, and a lot of us have pend the rules and concur in the Sen- to look into a long-term nongovern- intimated this, we could do better than ate amendment to the House amend- mental solution to the issues involved this that we have before us today. We ment to the Senate bill, S. 467. in insuring and reinsuring for the did better in the House version, and I The question was taken; and (two- threat of terror. And this bill ignores think all of our committee members thirds having voted in favor thereof) language to provide insurance protec- know that, and I think most of the the rules were suspended and the Sen- tions for the rebuilding of the World Members of the House know that. But ate amendment to the House amend- Trade Center, the actual reason we cre- there is a time to hold them and a time ment was concurred in. ated this Federal backstop program in to fold them. A motion to reconsider was laid on the first place. At this point, I would ask that the the table. But while I am not happy about the House do adopt this conference report. f process and exclusion of important pro- Mr. GUTIERREZ. Mr. Speaker, I am very b 1900 visions, the underlying need for TRIA pleased that we are passing this crucial Ter- to be extended is reason enough for me rorism Risk Insurance Act (TRIA) extension, FURTHER CONTINUING APPRO- to vote for this bill, and I urge all my which will provide necessary stability for our PRIATIONS, FISCAL YEAR 2006 colleagues to do the same. Nation’s economy in a post 9–11 world. I have Mr. LEWIS of California. Mr. Speak- I want to thank Chairman OXLEY for strongly supported this legislation from the er, I move to suspend the rules and his honesty, for all of his hard work on outset, and I congratulate Chairman OXLEY pass the joint resolution (H.J. Res. 75) this bill, as well as Congressman STEVE and Ranking Member FRANK for their hard making further continuing appropria- ISRAEL, MIKE CAPUANO and Congress- work and the excellent product as it passed tions for the fiscal year 2006, and for man PAUL KANJORSKI, all who have the House. While I wish more of the House other purposes, as amended. worked very hard to see this pass. But provisions we passed 10 days ago had sur- The Clerk read as follows: most importantly, I want to thank vived conference, I am pleased that we are H.J. RES. 75 Ranking Member BARNEY FRANK, who able to extend TRIA before the deadline, so Resolved by the Senate and House of Rep- has pushed for the reauthorization of that it does not expire in 2 weeks. I urge my resentatives of the United States of America in this program for over a year, has incor- colleagues to vote in favor of this important Congress assembled, That Public Law 109–77 is porated ideas from both sides of the conference report. further amended by striking the date speci- aisle and has been a true champion in A stable, secure insurance market is vital to fied in section 106(3) and inserting the fol- developing and in crafting legislation lowing: ‘‘December 31, 2005’’. the health of our national economy. More than SEC. 2. Section 114(b) of Public Law 109–77 that helps keep our economy moving. 4 years ago, the stability of the insurance in- With that, Mr. Speaker, I urge all of is amended by striking ‘‘and December 1, dustry, and all of our Nation’s policyholders, my colleagues to support this worthy 2005,’’ and inserting ‘‘December 1, 2005, and were put in jeopardy when insurers and rein- January 1, 2006’’. legislation. Mr. KANJORSKI. Mr. Speaker, I surers lost more than $30 billion as a result of The SPEAKER pro tempore (Mr. yield 3 minutes to the gentleman from the 9/11 attacks. After these substantial LAHOOD). Pursuant to the rule, the Massachusetts (Mr. CAPUANO). losses, insurers were unable to make ter- gentleman from California (Mr. LEWIS) Mr. CAPUANO. Mr. Speaker, I just rorism insurance available, which left many of and the gentleman from Wisconsin (Mr. rise briefly to congratulate the chair- our Nation’s businesses vulnerable to unac- OBEY) each will control 20 minutes. man, the ranking member, and the ceptable risk. The Chair recognizes the gentleman chairman and the ranking member of In response, Congress overwhelmingly from California. the subcommittee. passed TRIA to provide a temporary, limited Mr. LEWIS of California. Mr. Speak- This is a classic piece of legislation federal backstop in the event of another cata- er, I yield myself such time as I may that hopefully will never, ever, ever be strophic terrorist attack. While we still expect consume. used. No one, hopefully, will ever know the insurance industry to eventually develop Mr. Speaker, I am bringing to the that we actually did this because if methods for making terrorism insurance avail- House a continuing resolution for fiscal they do, it means we will have suffered able without government support, the market year 2006. This CR runs through De- another terrorist attack. At the same has not yet stabilized to the point where this cember 31. It is clean without excep- time, it is absolutely necessary. is possible. Extension of TRIA, which is nec- tion. This CR will fund agencies in our We have heard of all the details of essary to prevent the chill of development in last two remaining bills, the Labor- what is not here, but to me, the most our cities, has wide, bipartisan support, and HHS and Defense bills, at the lowest important thing that is not here is the should be enacted promptly. level possible. formal mechanism to make sure that Mr. CANTOR. Mr. Speaker, I rise today in When we passed the last CR, my hope we are not stuck in the same position support of the Terrorism Risk Insurance Ex- was that it would bring a strong moti- a few years from now. I fear that if we tension Act. This bill provides key safeguards vation for Congress to complete its do not get to work in an official way to stabilize the economy in the event of a ter- work in regular order. I want the body through a commission, that we will be rorist attack while putting us on a path toward to know that the Committee on Appro- here a few years from now doing this restoring a private terrorism risk insurance priations has been strongly committed all over again, simply saying we could market. to bringing to this floor individual con- not get it done and we did not do it This legislation will ensure that terrorism in- ference reports for each and every bill. right, and that is a travesty to the surance coverage is available, providing a de- The committee does not support an American people. It is unnecessary, gree of certainty in a still uncertain market omnibus in any form and has done ev- and I will tell the Members that, based place. erything in its power to ensure that on this experience and past experience, It is time to make the reforms necessary to that did not happen. particularly with the chairman, he is a encourage the continued development of a The Appropriations Committee man of honor, he is a man of his word, market for terrorism risk insurance. A healthy passed each bill of the 11 subcommittee and I know he will be pushing as best market for terrorism insurance is critical to bills off the House floor by June 30, the he can to get this Congress to pay at- continued economic growth and expansion. earliest that has been done in some 18 tention to this issue for the next year America’s taxpayers expect Congress to help years. The Appropriations Committee so that we will not be placed in this po- that market develop and relieve their burden has remained committed to moving sition. for assuming much of the risk in the existing these bills individually and within the Mr. KANJORSKI. Mr. Speaker, I urge TRIA program. framework of the budget resolution. all of my colleagues to support this That is what this legislation will do, and I am Mr. Speaker, the Appropriations legislation because of its necessity to proud to support it. Committee has kept its word. I am con- America’s working men and women Mr. OXLEY. Mr. Speaker, I yield vinced that moving bills individually is and the business community of Amer- back the balance of my time. the only way to get us back to regular ica. The SPEAKER pro tempore (Mr. order. Lacking regular order, there is a Mr. Speaker, I yield back the balance LAHOOD). The question is on the mo- tendency for the remaining bills to be- of my time. tion offered by the gentleman from come ‘‘Christmas trees,’’ if you will,

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.079 H17DEPT1 H12142 CONGRESSIONAL RECORD — HOUSE December 17, 2005 and for spending to grow out of con- ample: We take a look at what hap- We have heard a lot of fulminating trol. In my view, that is simply not ac- pened on the PATRIOT Act. Example: on both sides of the aisle about IDEA, ceptable. I hope that, next year, we do We take a look at the inability to pass about special education. Guess what? not find ourselves in the position we the labor health bill, first in the House The funding level for this continuing are in today. and now in the Senate. It seems to me resolution would freeze IDEA grants. We are presently attempting to work that a little more flexibility on the The International Labor Affairs Bu- with the Senate to finish a disaster as- part of the House leadership could have reau, which protects American workers sistance package that would be fully resolved a lot of those problems. and wages through its efforts to eradi- offset. It may include some avian flu Anyway, to bring us up to date, 10 cate child labor around the world, preparedness money. Some have sug- minutes before the House opened would be cut by 87 percent under the gested that legislative language re- today, we were informed on this side of funding level in this continuing resolu- lated to ANWR be included as well. the aisle that the continuing resolu- tion. Unemployment help for people This language has the potential, in my tion to keep the government func- who are looking for jobs would be cut judgment, to sink the entire package tioning for these agencies who have not by $157 million under this continuing once it reaches the Senate. yet received their funding, we received resolution level. The underlying bill, the DOD appro- notice that a decision had been made Now, it is one thing to say, all right, priations bill, is the most important of to change the effective date of the con- we will let that go for a week because our annual appropriations bills for it tinuing resolution, which meant that it it simply is a short-term convenience funds our national security. Agree- would be extended through February 15 to the President. It is quite another ments have been reached on all major rather than simply to the end of the thing to say that we are going to hold issues in the DOD portion of the bill. year. those programs to that level of funding It is one thing to provide a short ex- Frankly, we could have passed this bill through February 15. When you do tension so that the President has the weeks ago. We are at war, we have that, you ruin some of those programs ability to review legislation passed by troops in harm’s way, and we still have and you make miserable the lives of a the Congress before he signs it. It is not passed this critical legislation. lot of people who depend on those pro- There are funds in this bill to provide quite another to try to leverage one group or another into a severe dis- grams, which is why we objected on body armor for our troops, up-armored advantage with respect to some of this this side of the aisle. Humvees and a military pay raise. funding. Now that the majority party has re- Failure to enact this bill in a timely The problem with extending the CR turned to the original understanding fashion is a disservice to our men and to February 15 is that it creates a num- that the CR will extend only for a women in uniform. ber of anomalies in both funding for week, time for us to get our work done; Mr. Speaker, I urge my colleagues to the Defense Department and in the now that we are in a position where we support this CR and would like to close funding for the social service agencies are not going to be able to conven- my remarks by wishing all my friends which I do not think this Congress iently take a vacation until February on both sides of the aisle a Merry wants to be responsible for. 15 while these other programs suffer, I Christmas and a Happy New Year. It is The problem with allowing the Pen- am perfectly happy to withdraw my ob- great to be with you. tagon, for instance, to continue on a jection. Mr. OBEY. Mr. Speaker, I yield my- CR, which is what would happen, the So I congratulate the gentleman for self 8 minutes. problem is that, at the levels under talking to whoever he had to talk to in Mr. Speaker, I want Members of the this CR, the military would be ex- order to bring them to their senses. House, at least those who are around, pected to run out of money for Iraq op- Mr. Speaker, I yield back the balance to understand what the controversy erations in January. That could create of my time. has been with respect to this con- some significant problems for them. In Mr. LEWIS of California. Mr. Speak- tinuing resolution today. Let me back addition, Pentagon contracts could be er, I yield back the balance of my time. up even further. significantly delayed. Now, that could The SPEAKER pro tempore. The As the gentleman has indicated, the be overcome if we do manage to pass question is on the motion offered by House Appropriations Committee was the Defense Appropriations Bill, and I the gentleman from California (Mr. able to pass every bill through the hope we do, but we still would have a LEWIS) that the House suspend the House before we left for the August re- major problem with funding in the rules and pass the joint resolution, H.J. cess. Despite that fact, for a variety of Labor-Health-Education bill. Res. 75, as amended. reasons, most of which have nothing to Example: Everybody knows that, just The question was taken; and (two- do with the Appropriations Committee, a few days ago, the majority party re- thirds having voted in favor thereof) the fact is that, today, we are 2 months stored funding to Rural Health Out- the rules were suspended and the joint into the fiscal year and the Depart- reach Grants in order to try to over- resolution, as amended, was passed. ment of Defense and the Departments come their inability to pass the Labor- A motion to reconsider was laid on of Labor, Health, Education and Social Health bill earlier in the week. Guess the table. Services still have not received their what? The CR before us today takes funding for the year under a regular out that additional money for Rural f appropriation bill. That means that Health Outreach Grants, and it again about 65 percent of the discretionary returns us to a funding level which is spending in the budget still has not STEM CELL THERAPEUTIC AND 73 percent below last year. I do not RESEARCH ACT OF 2005 been tied down for the coming year. think people want to do that, but that That is not just a problem in Wash- is the result of the continuing resolu- The SPEAKER pro tempore. Pursu- ington. It means that local people can- tion. ant to clause 8 of rule XX, the pending not plan. It means that school boards The Community Services Block business is the question of suspending cannot plan. It means that the Pen- Grant Program, under the funding the rules and concurring in the Senate tagon cannot plan. And it discombobu- level in this CR, that program is cut in amendment to the bill, H.R. 2520. lates everybody. This is not the first half from last year. The Low Income The Clerk read the title of the bill. time it has happened, but it is cer- Heating Assistance Program, we had The SPEAKER pro tempore. The tainly one of the most troubling epi- all kinds of people talking about add- question is on the motion offered by sodes that we have had in a long time. ing money for that program, and yet the gentleman from Georgia (Mr. I think we are here with so little of under the funding level in this CR, DEAL) that the House suspend the rules this work finished because I really do LIHEAP is cut by $176 million. Under and concur in the Senate amendment believe that the leadership of the No Child Left Behind, under the fund- to the bill, H.R. 2520, on which the yeas House has tried to impose an agenda on ing level in this resolution, No Child and nays are ordered. the House and on the Senate which is Left Behind programs would be cut The vote was taken by electronic de- so extreme that even members of their more than $1.1 billion below last year’s vice, and there were—yeas 413, nays 0, own majority party have rebelled. Ex- level. not voting 20, as follows:

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.083 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12143 [Roll No. 664] Oxley Ryun (KS) Tauscher could before the first votes would Pallone Sabo Taylor (MS) occur. YEAS—413 Pascrell Salazar Taylor (NC) Pastor Sa´ nchez, Linda Mr. HOYER. Reclaiming my time, Abercrombie DeLauro Kanjorski Terry Payne T. Ackerman DeLay Kaptur Thomas would it be safe, therefore, for Mem- Pearce Sanchez, Loretta Aderholt Dent Keller Thompson (CA) bers to conclude that they need not be Pelosi Sanders Alexander Diaz-Balart, L. Kelly Thompson (MS) Pence Saxton here before 5? If we went in at 1, you Allen Dicks Kennedy (MN) Thornberry Peterson (MN) Schakowsky Tiahrt gave 2 hours’ notice, the first vote Andrews Dingell Kennedy (RI) Peterson (PA) Schiff Bachus Doggett Kildee Tiberi would be 3, but am I correct that the Petri Schmidt Tierney Defense appropriations conference has Baird Doolittle Kilpatrick (MI) Pickering Schwartz (PA) Baker Doyle Kind Towns not convened because the chairman Pitts Schwarz (MI) Turner Baldwin Drake King (IA) Platts Scott (GA) sadly lost his mother, and it is my un- Barrett (SC) Dreier King (NY) Udall (CO) Poe Scott (VA) Udall (NM) derstanding he is coming back some- Barrow Duncan Kingston Pombo Sensenbrenner Upton Bartlett (MD) Edwards Kirk Pomeroy Serrano time, maybe he came back this after- Van Hollen Bass Emanuel Kline Porter Sessions noon, but would I be reasonably correct Vela´ zquez Bean Emerson Knollenberg Price (GA) Shadegg Visclosky in saying that the chances of the De- Beauprez Engel Kucinich Price (NC) Shaw Walden (OR) fense appropriations bill being ready to Berkley English (PA) Kuhl (NY) Pryce (OH) Shays Berman Eshoo LaHood Putnam Sherman Walsh report prior to 5 would be very slim? Berry Etheridge Langevin Rahall Sherwood Wamp I yield to my friend. Biggert Evans Lantos Ramstad Shimkus Wasserman Mr. BLUNT. Mr. Speaker, I thank my Bilirakis Everett Larsen (WA) Rangel Shuster Schultz Bishop (GA) Farr Larson (CT) Regula Simmons Waters friend for yielding. We do have some Bishop (NY) Fattah Latham Rehberg Simpson Watt suspensions for tomorrow, a few more Bishop (UT) Feeney LaTourette Reichert Skelton Waxman suspensions. So we could have those be- Blackburn Ferguson Leach Renzi Smith (NJ) Weiner fore the report if it was not ready. I ap- Blumenauer Filner Lee Reyes Smith (TX) Weldon (FL) Blunt Fitzpatrick (PA) Levin Reynolds Smith (WA) Weldon (PA) preciate your comments also about the Boehlert Flake Lewis (CA) Rogers (AL) Snyder Weller chairman’s being away for his mother’s Boehner Foley Lewis (GA) Rogers (KY) Sodrel Westmoreland memorial service. He did return this Bonilla Forbes Lewis (KY) Rogers (MI) Solis Wexler Bonner Ford Linder Rohrabacher Souder Whitfield evening. Bono Fortenberry Lipinski Ros-Lehtinen Spratt Wicker I believe the current plan is for their Boozman Foxx LoBiondo Ross Stark Wilson (NM) committee to meet early in the morn- Boren Frank (MA) Lofgren, Zoe Rothman Stearns Wilson (SC) ing to have as much work as possible Boswell Franks (AZ) Lowey Roybal-Allard Strickland Wolf Boucher Frelinghuysen Lucas Royce Stupak Woolsey done before the committee meets and Boustany Gallegly Lungren, Daniel Ruppersberger Sullivan Wu then to have that to Rules by midday. Boyd Garrett (NJ) E. Rush Sweeney Wynn Obviously, we may not make all of Bradley (NH) Gerlach Lynch Ryan (OH) Tancredo Young (AK) those deadlines. If we do, we could very Brady (PA) Gibbons Mack Ryan (WI) Tanner Young (FL) Brady (TX) Gilchrest Maloney well be having our first votes at 5. We Brown (OH) Gillmor Marchant NOT VOTING—20 would give 2 hours’ notice before that. Brown (SC) Gingrey Markey Akin Fossella Murtha So the earliest I would expect Members Brown, Corrine Gohmert Marshall Baca Hostettler Myrick Brown-Waite, Gonzalez Matheson to get a notice that we would have Barton (TX) Hyde Paul Ginny Goode Matsui Becerra Istook Radanovich votes in 2 hours would be around 3 Burgess Goodlatte McCaul (TX) Davis, Jo Ann Kolbe o’clock. Burton (IN) Gordon McCollum (MN) Slaughter Diaz-Balart, M. Manzullo Watson Mr. HOYER. Reclaiming my time, Butterfield Granger McCotter Ehlers McCarthy Buyer Graves McCrery what I think then the message, correct Calvert Green (WI) McDermott b 1937 me if I am wrong, Mr. Leader, is that Camp (MI) Green, Al McGovern Campbell (CA) Green, Gene McHenry Ms. BERKLEY changed her vote from Members can be assured that they will Cannon Grijalva McHugh ‘‘nay’’ to ‘‘yea.’’ not have votes prior to 5 p.m. tomor- Cantor Gutierrez McIntyre So (two-thirds of those voting having row, and presumably, notice would go Capito Gutknecht McKeon out at 3 o’clock if votes were to be at Capps Hall McKinney responded in the affirmative) the rules Capuano Harman McMorris were suspended and the Senate amend- 5 o’clock; would that be accurate? Cardin Harris McNulty ment was concurred in. Mr. BLUNT. I thank my friend for Cardoza Hart Meehan The result of the vote was announced yielding, and that is my accurate view Carnahan Hastings (FL) Meek (FL) of what is almost certain to happen to- Carson Hastings (WA) Meeks (NY) as above recorded. Carter Hayes Melancon A motion to reconsider was laid on morrow. Case Hayworth Menendez the table. Mr. HOYER. Reclaiming my time, we Castle Hefley Mica f do understand that the Defense appro- Chabot Hensarling Michaud priations committee conference report Chandler Herger Millender- LEGISLATIVE PROGRAM Chocola Herseth McDonald would probably be on the agenda. Can Clay Higgins Miller (FL) (Mr. HOYER asked and was given you tell us whether we expect the De- Cleaver Hinchey Miller (MI) permission to address the House for 1 fense authorization and/or the budget Clyburn Hinojosa Miller (NC) Coble Hobson Miller, Gary minute.) reconciliation bill also might be under Cole (OK) Hoekstra Miller, George Mr. HOYER. Mr. Leader, obviously consideration tomorrow? Conaway Holden Mollohan the Members as we all know on both I yield to my friend. Conyers Holt Moore (KS) Mr. BLUNT. I thank my friend for Cooper Honda Moore (WI) sides have been here for some period of Costa Hooley Moran (KS) time today and are very obviously de- yielding. Costello Hoyer Moran (VA) sirous of knowing what our schedule is. You are right. The Appropriations Cramer Hulshof Murphy I yield to the gentleman from Mis- Committee product, we have already Crenshaw Hunter Musgrave Crowley Inglis (SC) Nadler souri. discussed and we would expect, matter Cubin Inslee Napolitano Mr. BLUNT. I thank my friend for of fact, we are certain, as certain as Cuellar Israel Neal (MA) yielding. As you know, it is hard to you can be this time of year, of that for Culberson Issa Neugebauer predict how exactly everything is going tomorrow. I think there is an excellent Cummings Jackson (IL) Ney Davis (AL) Jackson-Lee Northup to work out. It is a little difficult to chance that we could get the budget Davis (CA) (TX) Norwood predict these last days before an ad- reconciliation bill tomorrow, and we Davis (FL) Jefferson Nunes journment period or before we leave for are still working to do what we can to Davis (IL) Jenkins Nussle Davis (KY) Jindal Oberstar a work period, either one. bring Defense authorization to the Davis (TN) Johnson (CT) Obey We will officially convene tomorrow floor. Davis, Tom Johnson (IL) Olver at 1 p.m. I think it is highly unlikely Mr. HOYER. I thank the gentleman Deal (GA) Johnson, E. B. Ortiz that there would be any vote before for that information. Can you tell us, DeFazio Johnson, Sam Osborne DeGette Jones (NC) Otter around 5, and we would give 2-hour no- can Members be relatively assured that Delahunt Jones (OH) Owens tice in any reasonable way that we they will be able to plan at least at

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.055 H17DEPT1 H12144 CONGRESSIONAL RECORD — HOUSE December 17, 2005 some point in time Sunday or early COMMUNICATION FROM THE HON- He was exposed by the other Cham- Monday morning that that would be ORABLE NANCY PELOSI, DEMO- ber. The chairman of the Senate Armed the end of the session, at least for the CRATIC LEADER Services Committee took the floor and period of time prior to Christmas? The SPEAKER pro tempore laid be- condemned it; and now he still wants I yield to my friend. fore the House the following commu- to add this legislation, controversial Mr. BLUNT. I thank my friend for nication from NANCY PELOSI, Demo- legislation, against the public interest. yielding and for the question. We have cratic Leader: He wants to attach it to a Defense bill certainly given every indication in at a time when this country is at war. HOUSE OF REPRESENTATIVES, Surely we can do better on this holi- every meeting, the Speaker has, I have OFFICE OF THE DEMOCRATIC LEADER, today, that that would be our time- December 15, 2005. day weekend. It is despicable, and I table, that we would finish, possibly Hon. J. DENNIS HASTERT, hope this leadership stands up to this. some things could carry over into early Speaker of the House, House of Representatives, This is one of the worst things I have Monday morning, but we would not be Washington, DC. ever seen this Republican leadership here on Monday for any official actions DEAR MR. SPEAKER: Pursuant to section do, A piece of controversial legislation of that regard on Monday, though there 1909 (b) of SAFETEA–LU (P.L. 109–59), I here- to a Defense bill at a time of war. may be some pro forma thing that has by appoint to the National Surface Transpor- tation Policy and Revenue Study Commis- f to be done that I am not aware of sion the following individuals: EXTREME ALITO VIEWS standing here. Mr. Frank J. Busalacchi, Secretary of the Mr. HOYER. I thank the gentleman Wisconsin Department of Transportation, of (Mr. FRANK of Massachusetts asked for that information. Brookfield, Wisconsin. and was given permission to address Mr. Speaker, I would hope on behalf Mr. Steve Heminger, Executive Director of the House for 1 minute and to revise of my side, and I have talked to my the Metropolitan Transportation Commis- and extend his remarks and include friend from Missouri (Mr. BLUNT) on sion, of San Francisco, California. therein extraneous material.) the other side, I know both of us want Best regards, Mr. FRANK of Massachusetts. Mr. NANCY PELOSI. to bring this session to a close. Mem- Speaker, I am struck by the extent to bers had hoped to be home certainly f which the right wing seems not to un- derstand how unpopular their agenda this weekend. Christmas is a week COMMUNICATION FROM THE HON- is. It is their inability to get a major- from tomorrow. I am hopeful that we ORABLE NANCY PELOSI, DEMO- ity for it that keeps us here so many can conclude tomorrow, and I would CRATIC LEADER days after we should have gone. hope that we would all work towards The SPEAKER pro tempore laid be- that end. It is also interesting to watch them fore the House the following commu- try to deny the very, very deep con- f nication from Nancy Pelosi, Demo- servatism of the nominee for the Su- cratic Leader: preme Court, Judge Alito. They are ANNOUNCEMENT REGARDING REC- HOUSE OF REPRESENTATIVES, hiding his views on abortion. Recently, OGNITION OF HELEN SEWELL’S OFFICE OF THE DEMOCRATIC LEADER, in the Boston Globe, an article by Ken- RETIREMENT Washington, DC, December 15, 2005. neth Starr and Ronald Cass tried to ex- Hon. J. DENNIS HASTERT, Mr. BLUNT. Mr. Speaker, I have a plain away one of the most astounding Speaker of the House, House of Representatives, examples of his extreme conservatism: brief announcement. The announce- Washington, DC. ment is that we would also plan in our DEAR MR. SPEAKER: Pursuant to section his opposition to the basic principle of activities tomorrow to have a brief rec- 1238(b)(3) of the Floyd D. Spence National one man, one vote as articulated by the ognition of Helen Sewell, who has run Defense Authorization Act of Fiscal Year Warren Court. And given the difficulty the cloakroom here for a long period of 2001 (P.L. 106–398), I hereby reappoint Ms. of trying to get someone confirmed time. Between she and her father, who Carolyn Bartholomew of the District of Co- who has views that extreme, these two lumbia and Mr. George Becker of Pittsburgh, advocates tried to explain it away by started work here 87 years ago, they Pennsylvania, to the United States-China have been a continued presence in the claiming it was all about gerry- Economic and Security Review Commission mandering and proportional represen- cloakroom on this side. Tomorrow will for two-year terms expiring December 31, be Helen’s last official day before she 2007. Their current terms expire December tation. retires. 31, 2005. Fortunately, Professor Michael Best regards, Tolley of Northeastern University f NANCY PELOSI. wrote a very good letter exposing the f inaccuracy of this attempted defense of b 1945 Judge Alito and reaffirming that in DEFENSE AUTHORIZATION BILL fact what was involved in his 1985 HOUR OF MEETING ON TOMORROW (Mr. MEEHAN asked and was given statement was an objection to that Mr. BLUNT. Mr. Speaker, I ask unan- permission to address the House for 1 basic principle of democracy articu- imous consent that when the House ad- minute and to revise and extend his re- lated by the Warren Court, that it journs today it adjourn to meet at 1 marks.) should be one man, one vote. p.m. tomorrow. Mr. MEEHAN. Mr. Speaker, the Re- The following are the inaccurate ar- The SPEAKER pro tempore (Mr. publican leadership is trying to add to ticle and the correction: CONAWAY). Is there objection to the re- the Defense authorization bill a con- ALITO’S STICKY THICKET quest of the gentleman from Missouri? troversial piece of legislation by Mr. (By Kenneth W. Starr and Ronald A. Cass) There was no objection. PENCE that would blow the lid off the A Political sidebar that made surprising Campaign Finance Reform Act that news the last few weeks is a phrase in a 1986 f Republicans and Democrats joined to- job application from now-Judge Sam Alito gether to support and pass into law and questioning the Warren Court’s reappoint- APPOINTMENT OF MEMBERS TO that President Bush signed into law. ment decisions. That tidbit sent shock waves through the political and pundit classes. BOARD OF VISITORS TO UNITED Mr. Speaker, this country is at war. STATES NAVAL ACADEMY It shouldn’t have. Justice-to-be Alito’s We need a Defense authorization bill to statement wasn’t an attack on equality, vot- The SPEAKER pro tempore. Pursu- assist the men and women who are ing rights, or protecting victims of racial ant to 10 U.S.C. 6968(a), and the order of serving our Armed Forces. We have discrimination. It was a simple observation the House of January 4, 2005, the Chair reached an agreement on that bill to that a liberal court created a doctrine that, announces the Speaker’s appointment help our troops; and now, at the last however salutary, has significant problems. of the following Members of the House minute, the chairman of the Armed Americans have long embraced the idea of equality from ‘‘all men are created equal’’ to the Board of Visitors to the United Services Committee wants to take a forward. Equality did not mean identical po- States Naval Academy: controversial piece of campaign fi- litical influence in every respect. Yet the Mr. HOYER, Maryland nance reform legislation and insert it past 40 years have seen repeated judicial ef- Mr. CUMMINGS, Maryland into that bill. forts to prescribe something that looks like

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.087 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12145 identical influence for voters. Prior to 1962, ALITO’S VIEWS AND O’CONNOR’S searches and seizures? It is a part of the Supreme Court rejected efforts to draw (By Michael Tolley) the same Constitution that the Presi- the judiciary into the ‘‘political thicket’’ of Be alarmed when two partisan advocates— dent has sworn to preserve, protect, apportionment. That changed with Baker v. Kenneth W. Starr and Ronald A. Cass—say and defend. Carr, when the court decreed that states ‘‘no one should be alarmed’’ (‘‘Alito’s sticky could not depart too far from the principle of Mr. Speaker, I am not exaggerating thicket,’’ op ed, Dec. 11). Their attempt to ‘‘one-man, one-vote’’ in allocating legisla- when I say that sometimes I do not defend Judge Samuel Alito’s disagreement tive representatives. Since then, the problem recognize my own country. Secret with the Warren Court’s reapportionment de- has been figuring, out what is too far. gulags in Eastern Europe, the Vice cisions by linking his position to Justice Politicians often attempt to allocate polit- Sandra Day O’Connor’s views fails for two President personally lobbying Senators ical representation in ways that both dra- reasons: to give the CIA the right to torture de- matically increase and decrease the influ- The two quotes they rely on in Davis v. tainees, and now this. What do I tell ence of citizens’ votes. But the Framers de- Bandemer (1986) express O’Connor’s view on my grandchildren about what America signed checks and balances to prevent any whether the 14th Amendment’s equal protec- stands for? group from dominating another permanently tion clause requires the principle of ‘‘propor- Does this White House believe in any or from taking property or liberty to serve tional representation,’’ not the principle of transparency or oversight for anything prejudice or politics. Integral was a division fundamental voting equality—one person, of government power reflecting different in- they do, or do they think that getting one vote. Second, Baker v. Carr (1962) and 51 percent, or 51 out of every 100 votes fluences, some defined by historical bound- Reynolds v. Sims (1964), two of the landmark aries, others by more local populations. The Warren Court decisions on reapportionment gives them a mandate to operate be- Constitution does not sweepingly embrace that Alito disagreed with, are actually treat- hind a veil shielded from the day-in one theory of political representation but in- ed favorably in O’Connor’s concurring opin- and day-out accountability that sus- stead allocates power in several disparate ion in Davis v. Bandemer. tains a functioning democracy? ways. O’Connor was careful to distinguish the Remember, this is coming from the Useful as ‘‘one-person, one-vote’’ is, it isn’t Supreme Court’s legitimate concern about folks who preach about limited govern- a universal directive. Consider the Senate. racial gerrymandering from partisan gerry- ment. It turns out that they only want The Constitution decrees that each state has mandering at issue in Davis v. Bandemer. limited government as long as it would two senators, regardless of the state’s popu- Only by misreading O’Connor’s opinion can lation or acreage. In contrast, the House of Starr and Cass bring Alito’s views in line protect the wealthy and the powerful Representatives is based mostly on popu- with moderate justice he has been nominated from high taxes and burdensome regu- lation, except for the requirement that each to replace. lations. When it comes to privacy state have at least one representative. Mak- Does Alito believe, like O’Connor, in the rights and ordinary Americans, they ing House districts roughly equal has been a principle of ‘‘one person, one vote’’? Or is he are in favor of the most intrusive and source of dispute for 200 years. In the early against the use of federal judicial power to invasive big government imaginable. 1800s, Elbridge Gerry redistricted Massachu- remedy discrimination resulting from The whole thing is Orwellian, Mr. setts to help his political allies, creating one malapportioned legislative districts? The dif- Speaker. To defeat totalitarian extre- district shaped like a salamander—thus giv- ference between disagreeing with the exten- mism, we are adopting extremist to- ing birth to the term ‘‘Gerrymander.’’ sion of the principle ‘‘on person, one vote’’ to talitarian tactics of our own. In de- After Baker v. Carr, the courts have in- issues such as partisan gerrymandering and sisted on greater degrees of mathematical disagreeing with the principle of ‘‘one per- fense of freedom, we are undermining equivalence in votes across districts. Since son, one vote’’ is the difference between a freedom. The whole thing is morally then, the problems associated with appor- moderate and someone out of the judicial incoherent. tionment have grown. The Supreme Court mainstream. Let us remember that the war on ter- rejected a plan with less than seven-10ths of f rorism is partly an ideological strug- one percent difference among districts. gle. It is about winning over hearts and SPECIAL ORDERS Courts have repeatedly invalidated efforts to minds. But when we violate the very draw lines between districts without totally The SPEAKER pro tempore. Under principles of freedom that we are disrupting traditionally established commu- the Speaker’s announced policy of Jan- preaching in the Middle East, what nities. At times the result has been to divide uary 4, 2005, and under a previous order neighborhoods. happens to our moral authority? What of the House, the following Members Added attention to other aspects of the re- happens to our global credibility? Why apportionment process, encompassing equal- will be recognized for 5 minutes each. should anyone take us seriously? ity along racial and ethnic lines as well as f Those around the world who are skeptical of American values are sure- across geographic districts, spawned further DOMESTIC SURVEILLANCE opportunities for realigning political dis- ly noticing that we do not honor those tricts to suit political interests rather than The SPEAKER pro tempore. Under a values ourselves. And those who hate historical ones. Although boundary adjust- previous order of the House, the gentle- us will hate us even more when our ments probably have increased minority rep- woman from California (Ms. WOOLSEY) government’s hypocrisy is exposed. resentation in Congress, the jurisprudence of is recognized for 5 minutes. And even if you do not believe this reapportionment has become needlessly com- Ms. WOOLSEY. Mr. Speaker, merely plex and largely ineffective. The court has surveillance authority holds the key to permitted a realignment of political power hours after the Bush administration victory on the war on terrorism, let us to advantage incumbents, create more safe was celebrating the Iraqi election as a think for a minute about whom we districts, and facilitate greater division triumph for human freedom, what did have empowered to exercise it. The among elected representatives who no longer we discover courtesy of the New York very same intelligence apparatus that have to appeal to swing voters. Times? That our own government, has proven itself dysfunctional time After fragments on the standards on racial through the National Security Agency, and time again over recent years. gerrymandering, the court came up with no is secretly spying on the phone calls After all, the President himself just realistic way to assess what constitutes po- and e-mails of American citizens with- got through telling us this week that litical gerrymandering. As Justice O’Connor out a warrant or a court order. And the U.S. intelligence community got it said in Davis v. Bandemer in 1986—roughly contemporaneous with Judge Alito’s state- they have been doing so for nearly 4 wrong on the most monumental and ment—the court’s effort to identify political years at the explicit direction of the consequential issue it has faced in dec- gerrymandering was ‘‘flawed from its incep- President of the United States of ades: whether Iraq had weapons of tion.’’ Justice O’Connor charged that the America himself. mass destruction. If they blew it on court’s decisions have been ‘‘contrary to the This is even more egregious than any something as fundamental as that, why intent of [the] Framers and to the traditions of the other suspensions of civil lib- should we have confidence that they of this Republic.’’ erties that we have seen in the last 4 are conducting this domestic spying No one should be alarmed that Alito—like years. It makes the PATRIOT Act look operation competently, without any many other justices—found some aspect of like it was written by the ACLU. Has abuses or overreach. the court’s reapportionment decisions unfor- anyone in the White House read the Mr. Speaker, is that what more than tunate. His position should reassure us that, as a justice, he will be open to seeing the Bill of Rights and the fourth amend- 2,100 Americans have given their lives flaws as well as the virtues of constitutional ment about the right of the people to for in Iraq, the right for a government decision-making by judges. That is an impor- be secure in their persons, houses, pa- to snoop and eavesdrop on its own peo- tant virtue in a Supreme Court justice. pers, and effects against unreasonable ple without probable cause? If we, the

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.072 H17DEPT1 H12146 CONGRESSIONAL RECORD — HOUSE December 17, 2005 supposed liberators, endorse and adopt The SPEAKER pro tempore. Under a originally, and their commander and 31 these kinds of oppressive tactics, then previous order of the House, the gen- of their top troops went over the drug what was the point of toppling Saddam tleman from Texas (Mr. CULBERSON) is lords, bought out by the drug lords, and Hussein, especially given that he did recognized for 5 minutes. the Zetas are now running at least one not even have weapons of mass destruc- Mr. CULBERSON. Mr. Speaker, I rise and probably up to four narcoterrorist tion? tonight to bring to the attention of the training camps in northern Mexico This disgraceful episode makes me American people the reasons why it is right across the river from Texas. believe more strongly than ever that so important the House acted yester- There is one operating out in the open we must reevaluate our entire ap- day to pass such a strong border en- near Matamoros, maybe two or three proach to providing national security, forcement law and order bill that will others in the immediate area, one near and it should start with bringing our bring law and order to our southern Rio Bravo, and another apparently has troops home from Iraq. Not one more and northern borders, but in particular opened up recently near Del Rio. These American should have to die for values the southern border. are narcoterrorist training camps run that our government is willing to sac- I am a native Houstonian, born and and operated by the Zetas and the Gulf rifice here at home. raise in Houston; but I had no idea Cartel to train and equip these com- mandos to enter the United States to f until recently the scale of violence our law enforcement officers, Border Pa- deliver the loads of weapons or drugs REPORT ON RESOLUTION PRO- trol agents, our local sheriffs are facing and kill anybody that attempts to stop VIDING FOR CONSIDERATION OF along the Rio Grande, and it is the re- them. MOTIONS TO SUSPEND THE sult of a lack of enforcement of our im- Let me show people the effect of just RULES migration laws, as the Border Patrol a typical arrest. Now, this is just an- other week at the office for our law en- has been pulled back and our border Mr. BISHOP of Utah, from the Com- forcement officers on the Texas border. has been unprotected at the same time mittee on Rules, submitted a privi- This is on September 27, 2004. This oc- the narcoterrorists and the drug lords leged report (Rept. No. 109–357) on the curred in Nuevo Laredo, just across the have figured out that there is a vacu- resolution (H. Res. 631) providing for river, and this is spilling over in the consideration of motions to suspend um there. United States because the drug Lords A war has developed between the gulf the rules, which was referred to the are fighting over Nuevo Laredo, the House Calendar and ordered to be cartel of drug lords and the Nation’s largest inland port, and printed. megacartel. Now, the megacartel ex- whichever drug cartel controls Nuevo tends its territory essentially from, f Laredo will control the most profitable and I am going to use these, Mr. Speak- REPORT ON RESOLUTION WAIVING smuggling center in the United States. er, to help illustrate for people what I On September 27 of 2004, this gun bat- REQUIREMENT OF CLAUSE 6(a) am talking about, this war between the tle ensued, and as a result of this gun OF RULE XIII WITH RESPECT TO megacartel, the drug lords, and the fight, there were captured and in this CONSIDERATION OF CERTAIN gulf cartel, is a full-scale battle. The one fight, they found four AK–47 ma- RESOLUTIONS lawlessness is so severe, Mr. Speaker, chine guns, two AR–15 rifles, ten gre- Mr. BISHOP of Utah, from the Com- that the sheriffs in Laredo will not nades, a number of pistols, 12 40-milli- mittee on Rules, submitted a privi- even approach the river at night with- meter grenade rounds, and 12 40-milli- leged report (Rept. No. 109–358) on the out turning off all their lights. meter grenade launchers. Now, these resolution (H. Res. 632) waiving a re- And, in fact, when I went down to the devices here across the bottom are 40- quirement of clause 6(a) of rule XIII river in mid-October with a group of millimeter grenade launchers that are with respect to consideration of certain sheriffs, the sheriff sent a marked sher- supposed to be attached to M–16 rifles, resolutions reported from the Com- iff’s deputy vehicle ahead of me down but the Zetas, the drug lords’ army, mittee on Rules, which was referred to to the river with the lights out. I have converted them to handheld pis- the House Calendar and ordered to be asked, why are you sending him ahead tols, and this is standard equipment printed. of me with the lights out? And the re- that are now issued to these com- sponse was, Congressman, we want him f mandos as they deliver their loads of to get shot at instead of you. Which weapons, drugs and even terrorists. REMOVAL OF NAME OF MEMBER really alarmed me. And I asked the The Customs Immigration Service AS COSPONSOR OF H.R. 4011 sheriff, please tell that young man to knows that the terrorists are using the Mr. CUELLAR. Mr. Speaker, I ask turn on the strobe lights on top of his smuggling routes established by the unanimous consent to have my name vehicle. They sort of laughed at me and drug lords to smuggle Islamic terror- removed as a cosponsor of H.R. 4011. said, Congressman, you do not under- ists into the United States. I had the The SPEAKER pro tempore. Is there stand. The violence is so bad down here FBI director testify to my committee objection to the request of the gen- on the river, that if that deputy sheriff under oath that there are individuals tleman from Texas? turns on his strobe lights, it will make from countries with known al Qaeda There was no objection. him a better target and he is very like- connections changing their Islamic ly to be machine gunned immediately. surname to Hispanic, adopting fake f b 2000 Hispanic identities and entering the The SPEAKER pro tempore. Under a United States pretending to be His- previous order of the House, the gen- This is what our law enforcement of- panic immigrants and disappearing. tleman from Indiana (Mr. BURTON) is ficers face every day, and the type of This is going on in large numbers. recognized for 5 minutes. people that they are dealing with is These narcoterrorist armies, this is, (Mr. BURTON of Indiana addressed shown in this photograph here. This is again, just one arrest; these 40-milli- the House. His remarks will appear a photograph of one of the military meter grenades launchers can be held hereafter in the Extensions of Re- style commandos that are being used as pistols, and they are used to shoot marks.) by the Gulf Cartel as their army of en- at law enforcement officers, anybody f forcers. This is a photograph of a Gua- who attempts to stop them. temalan special forces, they call them This is a photograph of some of the BORDER SECURITY kabiles, and their motto, which is dif- vehicles after this particular gun bat- Mr. CULBERSON. Mr. Speaker, I ask ficult to see here at the bottom, but let tle. This arrest took place, and I think unanimous consent to claim the time me read it for the viewers. Their motto the date is on here. This shows some of of the gentleman from Indiana (Mr. is: If I go forward, follow me. If I stop, the 40-millimeter grenades that are BURTON). urge me on. And if I turn back, kill me. used as time-delayed bombs. The SPEAKER pro tempore. Is there The Gulf Cartel is also using a group I applaud the House for passing this objection to the request of the gen- of commandos trained in the United strong bill so we can have law and tleman from Texas? States at Fort Bliss called the Zetas order on the border instead of the law There was no objection. that were part of the Mexican army of Plata o Plomo.

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.092 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12147 AN EXTRAORDINARY NIGHT baby’s head. Anna Grace was raped and Iraq and on patrol in Baghdad when his The SPEAKER pro tempore (Mr. gave birth to her own child in 2005. platoon came under fire from insur- CONAWAY). Under a previous order of Dave, 10 years old, was kidnapped in gents. Private Abels and his fellow sol- the House, the gentleman from Wash- March of 2004 and watched as his two diers managed to find cover and safety ington (Mr. MCDERMOTT) is recognized brothers were beaten to death with a in an abandoned residence that was fre- for 5 minutes. log. quently used by the insurgents. Out- Mr. MCDERMOTT. Mr. Speaker, as The only chance these night com- numbered 20 to 6 and trapped in a we enter this Christmas season, there muters have to reach safe harbor every house, they tried to fight off the insur- will be many children sitting down night is to walk without adults, with- gents who were surrounding their posi- around the country listening to a story out protection, without light. The Ro- tion. Undoubtedly, many of the sol- that begins, ‘twas the night before tarians from my district walked with diers inside, if not all, would have been Christmas. these kids, moved with this mass of killed until Private Abels sprang into I want to tell you about another kids as they set out defenseless, in the action. night before Christmas that will be deep darkness of night, seeking shelter Private Abels radioed for help and going on in the next week and has been to stay alive for just one more day. then found and hotwired the insur- going on for the last 20-some years. The winner of the 2005 Sidney Peace gents’ truck in the house’s garage. He There is an extraordinarily tragic situ- Prize, Olara Otunnu, recently declared then loaded his men in the truck, and ation ongoing in a stunningly beautiful Uganda the worst place on earth to be they drove from the enemy’s trap. As country in Africa, Uganda. a child today. they left, they took on heavy gunfire Though this despicable outrage has In recent weeks, a group of Rotarians that injured Private Abels and two oth- occurred for almost two decades, the from my district and surrounding areas ers and, ultimately, killed three more Congress and the international commu- went to northern Uganda with one as their truck crashed. nity has not lifted a finger about what item on their agenda: to advance the Injured and still in the range of the we proclaim is our duty, to protect common good by providing polio vac- insurgents’ fire, Private Abels helped children. There has been no dedicated cine and other assistance. the other survivors to safety and ad- international commitment or interven- Ben Abe is a Ugandan from my dis- ministered medical attention to his tion to end this abhorrent situation. trict. He led this mission by the Rotar- wounded platoon leader. His actions These Rotarians came back rightly in- ians, along with our former secretary brought him and the other survivors credulous over the international com- of state from the State of Washington, just enough time for support fire to ar- munity’s failure to mobilize and blunt Ralph Munro. They brought back an rive, and ultimately, he saved three this highly visible tragedy occurring excruciatingly shocking and painful lives. every single night. account of an extraordinary night As Americans sit down and read that Last week, Private Abels proudly re- where they observed firsthand a hei- Christmas story, whether they read the ceived his Purple Heart at Walter Reed nous tragedy that has been perpetrated one about the reindeer or the one about Hospital and is making a quick and on children in northern Uganda for the baby Jesus coming to Bethlehem, fast recovery. years. It is only now beginning to see these kids will be moving through the Clearly a hero, Private Abels’ actions the light of day in mainstream media darkness. These Rotarians ask: How exemplify the efforts of all of our fight- in publications like Vanity Fair and can this continue in a world where we ing men and women in the war on ter- the Smithsonian Magazine. It occurs in proclaim our love and dedication to all ror. I was inspired by his optimistic at- Gulu in northern Uganda. Each night, a children? They are right to ask these titude, even as a severely injured sol- human mass moves through the pitch questions. Each night, that savagery dier at Walter Reed Hospital. He be- dark roads of Gulu. These are the night hides in northern Uganda. lieves that we are getting the job done commuters. Not a late shift going to During this season of goodwill, this and making great progress in Iraq. work, but a gigantic mass of thousands Congress and the entire national com- So as we stand together here this of children fleeing their unsafe homes, munity must combine our collective evening in peace, America’s soldiers walking miles in the darkness to re- strength to give some hope to these are united in protecting our country as treat behind locked gates in hopes of children, these night commuters, and they remain in distant lands fighting avoiding abduction, rape, disfigure- their families. We can do better than the threat and the horror of terrorism. ment and, most horribly, to avoid we have. We are there to root out the terrorists being forced themselves to become the If you believe, as I do that it is our utmost who wish to do us harm, who wish to murderers of children as abducted child obligation to work toward a world safe for chil- harm Americans. soldiers in the Lord’s Resistance Army. dren, this obligation does not stop at our bor- These terrorists, like the insurgents Over 25,000 children have been ab- ders or oceans—all children are our children that Private Abels fought in Baghdad, ducted over the last 19 years; more and we must act. The U.S. alone cannot break have a track record of being patient than 21,000 children walk miles each this outrageous nightly tragedy, but we can until they succeed in their evil agenda, night seeking a safe harbor. These and must assert our political will, and insist so we must continue to support our sol- young children seek sanctuary in that we meet it head on. diers now more than ever and give our tents, hospitals, warehouses and empty military men and women every tool f lots. They sleep piled up on each other, necessary to protect us and to com- sometimes with a blanket but most HONORING PRIVATE JON ABELS plete and to win this war on terror. often without, and they are separated The SPEAKER pro tempore. Under a Some say that we should retreat in from their mothers and fathers every previous order of the House, the gen- this war on terror, but to them I say night. Thousands of those Ugandan tleman from Texas (Mr. MCCAUL) is that our fighting men and women have kids never make it to a safe haven. recognized for 5 minutes. succeeded on all fronts. In places like Seventeen-year-old Daniel is an ex- Mr. MCCAUL of Texas. Mr. Speaker, I Iraq and Afghanistan where oppression, ample. He is one of the boys abducted rise today to honor a soldier and a hero tyranny and inhumane treatment once from school by the Lord’s Resistance from Pflugerville, Texas, and to pay flourished, we now find nations waking Army. One boy escaped but was caught. homage to the sacrifices our fighting up to the reality of self-ruled govern- The rest were then forced to tie him to men and women make every day for ment and the benefits that come with a tree and stone him to death. Daniel America and for the world. their democracies. This success is most said, ‘‘That is what we did, because if Last week, I had the honor of visiting embodied by the free and democratic we did not kill him, we would be Walter Reed Hospital where Private elections in Iraq that took place this killed.’’ Jon Abels of the Army’s 101st Airborne very week. Anna Grace was 11 years old when Division is receiving top notch medical To quit now would not only be an in- she was abducted. The Lord’s Resist- care for the wounds he received in bat- sult to those waging this liberating ance Army forced her to march and tle. battle but a dishonor to those who carry someone else’s baby. Then they On November 29, Private Abels, who made the ultimate sacrifice, their threw a bomb at her, blowing off the is a radio operator, was stationed in lives, for freedom and for the greater

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.097 H17DEPT1 H12148 CONGRESSIONAL RECORD — HOUSE December 17, 2005 good. Few causes are as worthy, and FEMA continue its funding of apart- OPPRESSION IN BELARUS few prices are as great. America prides ment contracts that were supposed to The SPEAKER pro tempore (Mr. its freedom on how our determination be for 12 months and 18 months, other- CONAWAY). Under a previous order of can accomplish any task and defeat wise we will see Katrina victims, their the House, the gentleman from Illinois any foe. So finish the job we will. And families and children dumped into the (Mr. SHIMKUS) is recognized for 5 min- because of heroes like Private Abels, I streets. utes. have no doubt in my mind that we will We need the funding to continue to Mr. SHIMKUS. Mr. Speaker, I rise prevail. provide hotel compensation until Feb- today in recognition of the ongoing op- f ruary 7 or longer, or we will see pression in the country of Belarus. On Katrina survivors dumped into the DEFENSE APPROPRIATIONS October 16, the Belarusian people cele- streets. When I use the word brated a day of solidarity with political The SPEAKER pro tempore. Under a ‘‘Katrina,’’ I really mean Americans, prisoners, activists, their families, previous order of the House, the gentle- for the American Federal Government independent journalists, and all who woman from Texas (Ms. JACKSON-LEE) should be the safety net for all Ameri- fight for freedom and democracy. is recognized for 5 minutes. cans in time of trouble. If we do not Many people switched their lights off Ms. JACKSON-LEE of Texas. Mr. have the funding that we should have, at 8 p.m. and lit candles to show hope Speaker, our soldiers need us, and they we will see Katrina survivors stranded for a free and democratic future for need the funding and the support that throughout America, 44 different Belarus. Unfortunately, only 2 days an appropriations bill can give to them States where they are located, with a after this historic event, a prominent and their families. Not only the sol- one-way ticket to those States and no correspondent of the oppositional diers that are on the frontlines of Iraq return ticket home. newspaper Narodnaya Volya, Vasil FEMA will provide that ticket with and Afghanistan, but the many soldiers Hrodnikau, was found dead in his the continuing funding for them to re- returning home and the enlisted per- home. sonnel stateside along with their fami- turn home to their States. Now we un- According to family members, Mr. derstand that Defense appropriations lies. Hrodnikau was murdered for his fear- will have 527s, issues dealing with cam- The Defense appropriations bill will less striving to bring a fair press to the paign funding. That is not a Defense provide a salary increase long overdue Belarusian people. It is time for the bill. We also find out that in addition or at least needed again in these very U.S. Congress and our European allies to the Katrina resources, we will be difficult economic times. The bill will to make a definitive statement on Dic- putting the development and the expi- also provide and enhance improved tator Alexander Lukashenko’s policies ration of ANWR. health care for our soldiers. And recog- and actively support the opposition nizing that all Americans look forward Many of us are disagreeing with that. We believe in energy development, but movement in the region. to prosperity and a better way of life, I encourage my colleagues on both we are disagreeing with going into I can assure you, in visiting with sol- ANWR, because we believe it has not sides of the aisle to take a closer look diers and families in my district, the been proven that that is a source of en- at the atrocities occurring daily in limitations of their health care cries ergy, other than, of course, an en- Belarus and work together to do what out for repair. hancement and opportunity for Alaska, we can to bring about democratic elec- b 2015 one State. We applaud them for that, tions for the Belarusian people. In the European edition of Time mag- but there are many other resources Soldiers and their families are on azine, in an article titled, ‘‘Where Tyr- that can be utilized to keep energy limited opportunities for diverse anny Rules,’’ which highlighted the health care, hospitals are limited, the prices down. We can explore in the gulf. It has not fate of Nikolai Statkevich, a political care is limited; and certainly for those dissident who ran for president against families who have elderly parents or been explored to the extent that it should be, and there is a welcoming at- Lukashenko in 2001, since 2003 he has dependents, family members who are been in jail for resisting the authori- ill, children who need health care, our titude about the exploration in the gulf, not only for energy oil but also ties and obstructing traffic. soldiers’ compensation and a bad Two years for resisting authorities health plan is a bad mixture for Amer- for gasoline or gas. Let me also say that there are still and obstructing traffic. And he still re- ica. districts in the city of Houston that sides in jail today. Unfortunately, this And so I would ask the conferees, as are in greet need of the funding that is is not an isolated case. Every year they make their way in gathering and in this bill. In the city of Houston, thousands of Belarusians are jailed for moving this legislation to the floor, re- Houston Independent School District minor infractions, for example, at- member the people who need the De- spends $186,000 a day for the additional tempting to publish newspapers, and fense appropriations bill. It is not filled visitors, or students, from Louisiana regularly face police harassment. with politics, because those of us who and Mississippi. Another good example occurred last have raised our voices for redeploy- We are in debt $30 million. We have August when Belarusian KGB, yes, ment, peace, and a better way in Iraq 5,000 students. We welcome them. We they kept the infamous Soviet institu- still understand the importance of pro- want to teach them. We want to help tion’s name to intimidate civilians, the viding for our men and women in the them, but we need the support that is KGB raided the apartments of several United States military. in this Defense appropriations bill. We college youths who had e-mailed each This time around the Defense appro- want this bill to come to the floor, and other cartoons involving Lukashenko. priation will be more than just the an- certainly what we want most of all is These students now are facing many chor for our military; it will be the an- to be able to have a free-standing bill years in prison. chor for those who have lost greatly in to help our soldiers, our veterans to Imagine that: prison terms for e- this last year. This will be the anchor give them good health care, good hous- mailing political cartoons. As cochair- for the Katrina survivors. And anyone ing, and good support. man of the House Baltic Caucus, it is who has interacted with them knows We want to be able to be the safety my sincere hope that the United States that they are not deadbeats. They are net for all Americans in time of trag- will continue to remember those fight- Americans who are simply looking not edy, provide for the Katrina survivors, ing daily for democracy in Belarus and for a handout but for a helping hand. the Wilma survivors, the Rita sur- do all that we can to support this Thousands live in the 18th Congres- vivors to be able to have school in the movement, the movement for change sional District in the city of Houston, place where they do not live; and we in this region. and I applaud the mayor and the coun- want most of all to be able to have I am encouraged by the change in the cil members and other elected officials; housing and the travel trailers to get international community in support of and I applaud Americans in general for where they have to go. democracy for Belarus. I encourage all the outpouring of their generosity, and Let us get the bill on the floor. Let of us to work together to keep up the particular Houstonians. But we need us do what America needs us to do. Let great work and keep a watchful eye on your help. We need your help in helping us provide a safety net for America. the nation of Belarus and its dictator,

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.098 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12149 Alexander Lukashenko, in the upcom- Courts have the ability to prevent CONGRATULATIONS TO APPA- ing elections in 2006. The opposition is filming of the jurors, child witnesses, LACHIAN STATE UNIVERSITY united, the people are motivated for assault victims while letting the com- FOOTBALL TEAM change, and we just ask for free and munity see the public trial. Cameras The SPEAKER pro tempore. Under a fair elections. make the ability of the people to view previous order of the House, the gen- f justice as it is in progress. tleman from North Carolina (Mr. The SPEAKER pro tempore. Under a In the case of cameras broadcasting HAYES) is recognized for 5 minutes. previous order of the House, the gen- the Supreme Court hearings, there is Mr. HAYES. Mr. Speaker, I join my tleman from Illinois (Mr. EMANUEL) is no jury, just nine Justices who have friend and colleague, Ms. FOXX, to- recognized for 5 minutes. the final say on the American Con- night. This morning I paid tribute to (Mr. EMANUEL addressed the House. stitution. Because of the magnitude of our wonderful men and women in uni- His remarks will appear hereafter in the rulings handed down by this Court, form for a great win for freedom in the Extensions of Remarks.) these proceedings above all others Iraq. f should be as open to the public as pos- But tonight, Representative FOXX The SPEAKER pro tempore. Under a sible. and I want to pay tribute to a great team, Appalachian State, for a wonder- previous order of the House, the gen- While the hearings are, in fact, open ful win in the national championship tleman from New Jersey (Mr. HOLT) is to the public, not everyone has the that they won last night in Division I– recognized for 5 minutes. ability to travel to Washington, D.C. AA football. What a thrill it was to (Mr. HOLT addressed the House. His and view these proceedings. This is watch those young men, their fans, remarks will appear hereafter in the why it is precisely time to come to the their school administrators, the whole Extensions of Remarks.) reality to open the Supreme Court to Appalachian community come together f public hearings and allow their pro- through a tough play-off, exhibiting ceedings to be filmed by cameras. FILM SUPREME COURT sportsmanship, hard work, commit- PROCEEDINGS Cameras can be unobtrusive. There ment, incredible enthusiasm, and to The SPEAKER pro tempore. Under a are no big lights. There are no big cam- win that game last night. previous order of the House, the gen- eras. In fact, many people do not even Take nothing away from Northern realize there are cameras in this Cham- tleman from Texas (Mr. POE) is recog- Iowa, they played hard. They played nized for 5 minutes. ber. So it is time to film these pro- well. Appalachian prevailed. Seeing the Mr. POE. Mr. Speaker, over the past ceedings. Opening these proceedings to spirit that those young men and year I have addressed many issues I the American public is much more im- women exhibited, coaches, who by the have with the judgments handed down portant than seeing the child molesta- way, ladies and gentlemen, Coach by the highest court of our country, tion trial of the King of Pop or the Jerry Moore, the winning coach, was the Supreme Court, right across the murder trial of some ex-football play- given his first coaching job by our col- street. er. league, Coach OSBORNE. And Coach Recent rulings by the Supreme Court Yet there was no concern over view- Moore reflects all of the wonderful of the United States, particularly per- ing these proceedings on television. qualities of Coach OSBORNE. taining to the separation of church and Why should there be concern over a By the same token, I thank Rep- State, property rights, the right to say Court that has the final say on how our resentative FOXX for calling attention the pledge of allegiance, and the use of Constitution is interpreted? This year to my son-in-law, Lonnie Galloway, foreign law by our Supreme Court in the Iraqi country, the Iraqi people have who coaches there; and I am so proud interpreting the American Constitu- formed a new democracy, and part of of him and all of the folks. tion, have prompted an outcry by the that is a new judiciary. And yet they Mr. Speaker, I now yield to Rep- resentative FOXX for some comments. American people and a growing inter- are already filming their trials, be- Ms. FOXX. Thank you, Mr. HAYES. est, or better yet, confusion, confusion cause the tyrant of the area, Saddam I am glad you mentioned with Coach Hussein, his trial is on international on how those decisions are made. Moore serving with Coach OSBORNE, The decisions made by the Supreme television. This is their democracy and Congressman OSBORNE. I did not get a Court have a direct impact on the lives their courts seem to be somewhat more chance to mention that this morning. I of Americans and every American in open than even ours. agree with you: he exhibits so much of the future. With that said, I believe it Those judges and critics who do not all of the wonderful traits of our col- is past time that every American be af- want the public to view what they are league, and we are lucky that we have forded the opportunity to see how doing in those courtrooms, Mr. Speak- at least three people in this body who those decisions are made in this Court. er, maybe should not be doing what have connections to Appalachian and I filed legislation that would allow they are doing behind those closed to the great win that they had last cameras to broadcast Supreme Court doors. It is time to open the Supreme night. proceedings so that we can all see the Court to public viewing of their pro- I am really sorry that our duties here arguments made before the Supreme ceedings on television. prevented us from being in Chat- Court and how they make those deci- tanooga last night with so many Appa- sions that affect our lives from now on. f lachian students and supporters. I am no stranger to cameras in the I would have loved to see firsthand courtroom. I was one of the first Texas that crushing defense in the fourth judges to allow cameras in the court- FURTHER MESSAGE FROM THE SENATE quarter led by Jason Hunter and room. In addition, I was the first judge Marques Murrell. I wish I could have in Texas to oversee a capital murder A further message from the senate by been there to witness in person the trial broadcast in its entirety on tele- Ms. Curtis, one of its clerks, announced courage of quarterback Richie Wil- vision. Our sense of justice says the that the Senate has passed without liams, who played through a painful more open and public a trial, the more amendment a joint resolution of the ankle injury suffered last week in the likely justice will occur. House of the following title: semifinal game against Furman. I found that cameras only enhanced this concept. As a criminal court judge H.J. Res. 75. Joint resolution making fur- b 2030 ther continuing appropriations for the fiscal for 20 years, I have had countless cases year 2006, and for other purposes. Appalachian is getting a lot of atten- covered by the media from all over the tion because of this football win. But world. Critics argue that attorneys The message also announced that the the gentleman and I know and the peo- play to the cameras; but the truth is, Senate has passed a bill of the fol- ple of western North Carolina and, in- they play to the jury. They always lowing title in which the concurrence deed, all North Carolina know that Ap- have played to the jury. Juries are the of the House is requested: palachian has always been known as a ones that make the decisions, not the S. 2141. An act to make improvements to first-rate college and a first-rate uni- audience. the Federal Deposit Insurance Act. versity. It has a very proud history,

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.100 H17DEPT1 H12150 CONGRESSIONAL RECORD — HOUSE December 17, 2005 particularly in the area of teacher ad- strategy in Iraq for success, making had been signed, the Republican leader- ministration and administrators of the sure that we stand up on behalf of ship decided it needed a must-pass public schools. And I think getting this those Americans that have been dev- moving vehicle, some kind of bill to win for the football team simply astated by natural disasters, making which they could attach legislation rounds out its reputation in terms of sure that we get down to the bottom that otherwise could not be passed, being a really top-notch school. Its and get rid of a culture of corruption maybe would not stand the light of academic program has been strong for- and cronyism and incompetence under day. Reputedly, it dealt with section ever. And now with this win from the the Capitol Dome, and also making 527, political advocacy corporations football team, the first national cham- sure that we can expand jobs for Amer- and campaign limits. We suspected it pionship ever for Appalachian, they icans and also for small businesses. also dealt with a bill known as Pence- show that it is a number one university But in the last 24 to 48 hours, there Wynn. We do not know yet because we in all respects. have been quite a few strange things have not seen the conference report Mr. HAYES. Mr. Speaker, I thank that are going on here in the Capitol. that they have tried to amend. the gentlewoman for her comments There have been bills that Members In any event, we know this: These and, again, calling attention to this have tried to put amendments on that bills are about campaign finance re- great victory. My almost 90-year-old are not passable and should not be even form. They have absolutely nothing to mother was there, all my family, ex- honored with the paper that they are do with the defense of the United cept for us. But we were here following printed on, of personal agendas and States. This is not a technical change the action very closely. We have an agendas on behalf of the special inter- they are trying to make. It is not even Iraqi Marine veteran who plays on that ests. about defense. Far from it. team, number 89, Mr. Stokes. I do not So with that, Mr. Speaker, I would Worse still, it is fundamentally seri- know how Winslow survived without like to share this hour tonight with ous major legislation. It is not some- me there to keep her from having a Mr. RYAN and also Ms. WASSERMAN thing minor that you bobtail on or pig- heart attack, and Barbara suffered, SCHULTZ but also with a respected gyback on another bill. Pence-Wynn, if too. Member this House with whom Mr. that is the legislation they are trying But, again, my congratulations, RYAN and I serve on the Armed Serv- to append to this conference report, is heartfelt, and the gentlewoman’s as ices Committee with, and he is also the a major fundamental revamping of the well for such a wonderful performance ranking member on the Budget Com- campaign finance laws of this country, representing North Carolina, the aca- mittee and has been working very hard lifting the limits enormously on all demic, the athletic, the school commu- on a number of pieces of legislation. He kinds of corporations from PACs and nity, Boone, and western North Caro- is from South Carolina. individuals, creating virtual carte lina and the mountains. I yield to the gentleman from South blanche for the wealthy of this country Congratulations to Appalachian. A Carolina (Mr. SPRATT). to contribute to political campaigns. wonderful victory. I thank them for Mr. SPRATT. Mr. Speaker, I thank Our ranking member, Mr. SKELTON of representing us. the gentleman for yielding to me. Missouri, heard what was happened, to Mr. Speaker, I now yield to the gen- And I would like to turn to a matter the extent that he could find out any- tlewoman from North Carolina. of some significant concern to me and thing. He protested and pulled our Ms. FOXX. And, Mr. Speaker, now we to the gentleman because, as he said, names on the grounds, the House both need to say, Go Mountaineers. we both serve on the House Armed Democratic names, from the con- Mr. HAYES. Go Mountaineers. Services Committee. We both have ference report on the grounds that they f worked diligently to see a good Defense were amending or seeking to amend authorization bill put together this that the conference agreement that THE 30-SOMETHING WORKING year and finally, we thought, put to had been signed and sealed and all but GROUP bed last week. But here is what is hap- delivered to the House floor for action, The SPEAKER pro tempore (Mr. pening, to everybody’s dismay, on this amending it after the fact, Members CONAWAY). Under the Speaker’s an- side of the line. who were not even parties to the agree- nounced policy of January 4, 2005, the On Thursday afternoon, the House ment trying to change the bill in a sig- gentleman from Florida (Mr. MEEK) is appointed conferees on the Defense au- nificant way without any kind of recognized for 60 minutes as the des- thorization bill to go to conference collegiality, any kind of comity, any ignee of the minority leader. with the Senate. Thursday afternoon. kind of consultation with our side. He Mr. MEEK of Florida. Mr. Speaker, Within hours, the conference com- pulled our names. once again, it is an honor to come be- mittee met for the first and only time. In the Senate, the chairman of the fore the House, and we would like to We made a cursory review, which is all Senate Armed Services Committee, Re- thank the Democratic leadership for we had time for, of the conference re- publican, the very distinguished Sen- this opportunity, Democratic Leader port which staff and mainly the Repub- ator WARNER, was so outraged to see NANCY PELOSI; our whip, Mr. STENY lican Members had worked up and put this gross violation of the processes of HOYER; and also our chairman, Mr. BOB together over the last several weeks. the House, the procedures of the House MENENDEZ; and chairman to be Mr. JIM We reviewed it. We reviewed the sa- and the Congress, of fundamental fair CLYBURN. lient points. We made some objections. play, that he said, if the Republican As the Members know, Mr. Speaker, And finally, we approved it. leadership in the House tried to unilat- we have a 30-Something Working This summary procedure is not my erally change this agreement after it Group that comes to the floor every op- idea or I think the Framers’ idea of had been signed, he would vigorously portunity we have to talk about the how we would make law, particularly object and pull out the signatories at good things that are happening here law that authorizes the expenditure of least on the Republican side. And Mr. under the Capitol Dome and also some $440 billion for something as important LEVIN, the gentleman from Michigan of the bad things that are happening as the defense of this Nation. This kind who is the Democratic Senator who is and the things that are not happening of summary procedure should not be the ranking member of the Senate at all that should be happening on be- repeated. This year, we were late get- Armed Services Committee, said the half of the American people. ting started. The Senate was even later very same thing. Today, as the Members know, Mr. getting started. So we had to do it in Now, we ask tonight, what is the sta- Speaker, there has been quite a bit said record time. And I am glad we got it tus of this bill that has taken months in the Capitol, very little done in the done, but it is not the best procedure. to produce, that addresses our troops first session of this Congress, facing As bad as that procedure is, the worst deployed all over the world, that con- some of the needs that the American was yet to come. After the conference tains important personnel provisions people are wanting to be addressed. report had been signed, signed by the that probably will not be overlapped in The American people want to have Democratic conferees, signed by the the appropriations bill? Where is the issues such as health care, veteran af- Republican conferees, signed by the bill that we have worked and produced, fairs, also making sure that we have a Senate, signed by the House, after it that we signed and had ready to go?

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.105 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12151 Where is the bill? Where is the Defense Let me give you just one. This con- happen before. I have never seen the authorization bill? Where is it left if we ference report would extend TRICARE leadership of either party come forth do not take action on it? coverage also for children of service- and say, you may have signed it, you It is left in limbo. It is left hanging. members killed in the line of duty may have closed it, you may have It is left unauthorized, unpassed. A until they reached the age of 21. This is signed and sealed and delivered it; but hard effort coming to no worthy con- just a sampling of what will not be we can still change it and add to it clusion. done if, for petty, high-handed partisan things that are totally out of the Representative PRYCE, who chairs reasons, the conference report, already scope, out of scope because they are the Republican conference, is quoted as finished on the Defense authorization not in the jurisdiction of our com- saying in the CQ Daily that Congress bill, is not brought to the floor. mittee, and out of scope because they may not even consider this bill before This is an outrage. It is an outrage. have never been considered by either Christmas. Why not? It is ready to go. It is sort of inside baseball to some committee in either House, hearings, All we need is 1 hour on the floor. It is people, hard to explain to the Amer- markup, on the floor, in the com- written. The conference report is ready ican people because, in the parliamen- mittee, anywhere. Totally out of the to come to the floor. Why would we not tary sense, it is so complicated. But it blue to come at the 11th hour. consider it before Christmas? And, is an outrage, and it should not be al- And to impose this on the bill in def- more importantly, what are the con- lowed to happen. This is the one bill we erence to wealthy contributors who do sequences if we do not consider it be- should pass before we go home. not want to be encumbered with limits fore Christmas? I thank the gentleman for yielding to on what they can contribute is out- Well, let me tell my colleagues just a me. rageous. There is no nicer word for it. few of the things that will not be en- Mr. MEEK of Florida. Mr. Speaker, I Mr. RYAN of Ohio. We talk a lot on acted that otherwise might be a nice am so happy that Mr. SPRATT came to the 30-something group here about how package to send to our troops in Iraq the floor tonight to share with the the Republican leadership in this and Afghanistan and the ramparts Members what is important in this bill. Chamber and the Senate and in the around the world where they are stand- And this was an authorization bill even White House right now consistently ing up for freedom. Let me just men- before it went to conference that a over the past few years have put their tion a few things that are not covered super majority of the Members voted party’s interests above the country’s in the appropriation bill and may never for because they believe that many of interests. We know on Energy and come to pass if we do not pass this bill: those provisions needed to be enacted Commerce, you know, you are talking There is a 3.1 percent pay increase. Not on behalf of our security. about telecommunications and there a big increase, but I am sure that every And we hear a lot of talk about what are a lot of business interests and troop will be glad to get it. There is an needs to happen now, what the troops labor. There are fights, there are end-strength increase. We think the need, what our Armed Forces need scraps, and it gets very partisan. ground forces are undersized, so we throughout, rank and file, officers, flag For this kind of attitude I think to have called for a couple of years for an officers, individuals who are interested permeate into the Armed Services increase in the size of the ground in being a part of our military, and to Committee during a time of war is out- forces, Army and Marines, 30,000 in the be able to send a very strong signal rageous. It really is. And Mr. SPRATT, I Army, 4,000 in the Marines, in fiscal that we support them 110 percent. And cannot thank you enough, because we year 2006. That will not be done. for it to be held up for political pur- come down every night, and to have There is a death gratuity. The con- poses, and I can tell my colleagues for someone of your caliber, your experi- ference report increases the death gra- political purposes because in that 527 ence, your understanding of the issues tuity for all active and activated serv- bill, there are a lot of special interests to come down and share with us means icemembers up to $100,000 retroactive that would like to have access, more a great deal. But for campaign finance to October 7, 2001. For the 2,100-odd access than they have right now, to issues to work their way into the De- troops who have been killed in Iraq and this majority. And it is very unfortu- fense bill is just crazy. Afghanistan, in Iraq in particular, I am nate that it is being held up. Of all Ms. WASSERMAN SCHULTZ. Mr. sure this would be welcomed by their things, the Defense authorization bill. RYAN, I am the new kid on the block families as some token of appreciation It is hard to explain with a straight here, and I do not sit on the Armed for the ultimate sacrifice they had to face. And Mr. RYAN was there in com- Services Committee; and I completely pay. mittee when we voted this bill out, and agree it is a privilege and honor to TRICARE: For the first time ever, re- he was here on the floor and also Ms. have Mr. SPRATT join us tonight. servists who agree to continue service WASSERMAN-SCHULTZ. For this to be But, you know, Mr. SPRATT, my ob- in the Selected Reserves will have an happening now in the closing days of servation being of the shortest tenure opportunity, depending on their status, the session and possibly held off in the among the four of us is, at least since to buy into the government-subsidized authorization bill until 2006 is beyond I have been here, we should not be sur- TRICARE standard health program for reproach, in my opinion. prised that they would do this, because themselves and their families. you start at the beginning of this year, Recruiting: Enlistment bonuses will b 2045 and it was very clear that the leader- expire unless we reauthorize it. There Mr. RYAN of Ohio. We have been on ship here has no regard for the process, is a whole list of things like this. the committee 3 years now, Mr. SPRATT no regard for the system of checks and Life insurance: It was previously in- has been on the committee a few more balances, they have no regard for the creased for servicemen, life insurance, years than we have, but when you first judiciary. SGLI, to $400,000 in amount. We said in get on the committee, I think the lead- At the beginning of this year, 10 this bill, if they are in Iraq, if they are ership on our side has always told the weeks into my tenure, they put the in Afghanistan, if they are putting younger Members who come on, you Terri Schiavo bill on the floor, even their lives on the line in a hazardous know, this is a bipartisan committee. though you had months and years of duty zone, by golly, as a part of their This is one of the committees in Con- court decisions that made it clear that hazardous duty pay, we will pay that gress where we try to do what is best it was not appropriate for Congress to first $150,000. I wanted to pay more of for the men and women in uniform, to insert itself into one family’s tragedy. it. But that will be a nice addendum, a do what is best to protect the security Yet to them it was seemingly the right nice Christmas present for the troops of the United States of America. And I thing to do, to insert the legislative who are in the field and for their fami- think this tradition we have had has branch of government into an area that lies back home who worry, if our serv- really been damaged throughout this was clearly the jurisdiction of the icemember does not come home, who whole process. I am sure Mr. SPRATT courts. will provide for us? The least we can do knows a lot better than I do. Now you fast forward to the end of is increase the life insurance. Mr. SPRATT. I have been on the con- the year, and throughout this year I could go down the list with other ference committee every year for at they have had other examples of their personnel changes. They are numerous. least 20 years, and I never seen this lack of regard for the governmental

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.106 H17DEPT1 H12152 CONGRESSIONAL RECORD — HOUSE December 17, 2005 mechanics and the lack of regard for okay. But then to try to somehow take Enlistment bonuses, the authority decency into what the American people the Defense bill and put campaign fi- for those is increased substantially. We support. Adding campaign finance pro- nance language in it so that the Repub- have got recruitment problems. We visions or anything other than the pro- lican majority can raise more money have retention problems. We need this tection and defense of this country to to further corrupt the institution is an authority to help our recruiters if they the Defense appropriations bill? I outrage. are to keep end strength in. mean, really. Mr. MEEK of Florida. Mr. RYAN, I The enlistment age. There are some If they were so concerned about cam- just wanted to say when you talked to folks out there that would like to get paign finance reform, why are they that marine, we were actually in Mosul back into the service, age 42, still in waiting until less than 24 hours before at the time, and I am going to be a good physical condition. This would we are supposed to adjourn here? Real- third-party validator as it relates to allow persons who have previously ly, we were supposed to adjourn weeks your discussion with them. Also, it was served who would like to enlist again ago. I mean, they have so little regard a bipartisan delegation, and we heard to be considered up to the age of 42. for process that they are not able to it on both sides of the aisle. Here is something that everybody get the job done. I mean, we are here, One thing that I want to say, even has noted, given the condition of many and it is a week before Christmas and Mr. SPRATT as we talk about the au- soldiers who are coming back from the Chanukah and the beginning of the hol- thorization bill, as you know, defense Iraqi and Afghanistan theater: the es- iday season, and we are still here in the seems to be the vehicle to pass all tablishment of a mental health task Chamber debating things that should pieces of legislation or thoughts or force that will look at how the Depart- have been settled long ago. ideas that the majority has problems ment and services can treat better, So it has just been obvious to me in passing under regular order. They identify better, and support better since I began my term that they have have problems passing drilling in the mental health needs, particularly in- no regard for the process, no regard for Arctic National Wildlife Refuge in cluding post-traumatic stress disorder. the American people’s priorities, and Alaska, so they want to attach that It enhances programs and policies to they just keep setting example after onto a piece of legislation and try to improve the transition of servicemem- example. push it through the process. bers who are severely wounded or in- Mr. RYAN of Ohio. We heard a lot in But I can tell you that this abuse of jured back into civilian life. It provides temporary authority to the last few weeks, you know, that you authority is stepping in the middle of the Army to set up four innovative re- are sending the wrong signal to the national security at this point, and it cruitment tests to see if it can improve troops. You are sending the wrong sig- is very, very unfortunate. And it is not its recruitment. nal to the troops, when we want to like coincidence; it is not like some- It increases hardship duty pay to have a discussion about when we are thing that is blowing through the air $750. going to actually pull the troops out conditioner vents here. It allows the establishment of a pilot and end the war and redeploy and how I am so glad, sir, once again, that program that would match enlisted things are going to work and what does you came down. We are talking about members’ contributions to the Thrift it look like and how is this all going to this subject. Many times some Mem- Savings Plan. end. You are unpatriotic, you should bers may not know what is going on. It provides foreign language pay, not have that discussion. You are not The American people may not know which we badly need, given the short- allowed to talk about that kind of what is going on. That is the reason age of Arab-speaking servicemembers, stuff, you know. The people may find why we are here, to make sure they do up to $12,000. out that maybe things are not going as know what is going on. It extends TRICARE, as I said ear- well as we think they are going, so let Mr. SPRATT. I will guarantee you lier, for children of servicemembers us not talk about it because it will af- the people do not know what is going killed in the line of duty until they fect the morale of the troops. on. Until I got back this afternoon, I reach 21 years of age, or 23 if they are I have got to tell you, when we went had to go home and make a speech and a full-time student. to Iraq, it was probably the first meet- started reading some of these dailies These are just the personnel changes, ing, as soon as we got there in Bagh- that we get over our fax machines and but every one has a particular appeal dad, Mr. MEEK was in the meeting with got some phone calls from others who to them. They were carefully consid- the troops and there was about 20 of us had found out, pieced it together. I did ered in our committee and the Senate sitting there, and I specifically asked not know about it, so I am sure the committee and put into the conference one of them, I think we were with the American people do not know about it. bill. Much of this will not be done if marines, specifically asked, does the Let me just take a second, if I can, this bill does not get passed, and it cer- debate that we are having now in the maybe a minute or two, and read from tainly will not be done until it is fi- United States, that was shortly after the memo that was given to us as con- nally enacted. Mr. MURTHA came out for his redeploy- ferees just as to what the personnel Mr. MEEK of Florida. I just want to ment efforts in 6 months and figuring provisions of this bill are. For the most ask you a quick question, Mr. SPRATT. this out, and I asked one of the kids, I part, these will not be backstopped by I think it is important not only for the said, does this hurt your morale over overlapping provisions in the appro- Members to know, but for everyone to here? Does this offend you? priations bill. It simply will not be know: How much work has gone into The kid said to me, this is why we done unless and until this bill for 2006 this Defense authorization bill? It just are here, so the Iraqis can have this is enacted. was not something that one meeting kind of discussion. We expect people in I already mentioned a pay raise of 3.1 took place. I am pretty sure hours and Washington to be having a debate in a percent to all servicemembers. I men- hours of testimony and also committee democracy, in a representative democ- tioned the increase in end strength work. racy. The great Republic should have needed for our stretched-out ground Mr. SPRATT. As the gentleman these debates. And he just said that is forces. The death gratuity is raised knows, we get the budget the second why we are here, so the Iraqis will be substantially to $100,000, but, even week in February. Our hearings start able to have this discussion too one more important, provided for retro- almost immediately in the authoriza- day. actively to October 7, 2001. And we re- tion committee because we have got all Would that not be great, if the Iraqis move, and only we can do this, we re- four services, we have procurement, can have a parliament and get in a move the combat-related requirement personnel, research and development, squabble and fight without someone for the death gratuity. all kinds of issues that have to be saying that that is somehow having a TRICARE, I mentioned the changes thrashed out every year. negative effect on the troops. there. In addition, there are some other We do not mark up and bring a bill to So we hear that a lot, that this de- changes for TRICARE Reserve Select. the floor typically until May, some- bate may hurt them, which it is not, It enhances that coverage, not as much times until June. Then we wait on the hurting the morale of the troops, which as we wanted; but it is better than Senate to get their work done; and usu- the troops are telling us it is not, it is what we have got. ally, if we are lucky, they get theirs

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.107 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12153 done in July. If we are not lucky, other side of the aisle saying, well, we troops go into a neighborhood in Iraq theirs gets done in September or Octo- are not going to vote on the budget. and the insurgents put women and chil- ber, and we find ourselves playing Before we vote, we will vote on the De- dren in front of them so that they get catch-up, which is what we are doing in fense appropriations bill, and we want killed instead of the insurgents, that is the extreme this year. to put this in because it cannot pass on exactly what the Republican leadership Nevertheless, it is a year-long proc- its own merits. So it is very, very un- is trying to do here. They are trying to ess. We carefully sift through all these fortunate. put things in that they cannot get issues. We go back to what we did the I always say, I do not fault the spe- passed on their own because they can- previous year and see if it worked. If it cial interests for fighting for what they not stand on their own merits. did not, we make adjustments. It is an want. That is their job. That is what They are putting the Defense appro- ongoing, continual process. An im- they are supposed to do. We are sent priations bill, analogous to the women mense amount of work goes into this. here to represent the people of the and children in war-torn countries, in You can say the appropriators do the United States of America, and if we front of items that have no merit, that same thing; but their committee is allow it, then shame on us. do not have broad bipartisan support, much, much smaller than ours. There- I can tell you, fighting against this, and that cannot pass by themselves fore, they do not get into all of these any Member can come and can file a and, as a result, causing significant, elements nearly as deeply as we do. piece of legislation, and in some cases unnecessary harming to this country. That is why this authorization is so we have seen legislation filed early one It is just absolutely unconscionable. critically important as part of the day and passed later on the same day. It is another circumvention of the process. In this case, for this to come in on the process. It is another example of not Mr. MEEK of Florida. You never back of national security and Defense dealing straight; another example of heard of a measure coming before the is just beyond me. the incompetence, of the corruption, of Armed Services Committee dealing I think the American people need to the cronyism. Why can they not just be with elections. Maybe absentee ballot know about it, and the Members need straight? access for troops or something, but to pay close attention to it. When you I serve on a committee where we that is about the extent of it, I am have a majority that feels that they work together in a bipartisan fashion. pretty sure. can do exactly what they want to do it We lay our cards on the table in the Fi- Mr. SPRATT. That is a very good ex- when they want to do it, that is okay nancial Services Committee. We agree ample of something you can spend a lot when it is a personal decision. We talk on some things; we do not agree on of time on, but it is important to about that. If we make a personal deci- others. But there is no clandestine troops. They are over there fighting for sion and there is a mistake, it is on us. backroom dealing. There is no attempt our freedom. We need to make it pos- When we make a decision affecting the in that committee to try to stick sible for them to have the fundamental American people, the men and women things in that they can hide what they right to vote and make sure their vote in uniform, need it be here, we have a are really trying to do. will count, make sure it will not be number of military bases that this bill The American people want openness. held up somewhere and not get trans- helps for those troops that are here and They want us to vote clearly. I want a mitted to be counted. That is not as the civilian personnel that is involved clear shot to vote tomorrow. I support easy as it seems in some cases. So we with the Defense Department and other defense of this country. Since I have have to give a lot of consideration to measures throughout, even contractors been here, I have taken every oppor- it. in this bill. tunity to vote ‘‘yes’’ on defending this That is one of the reasons this bill is For them to come in and do this to country to the degree that we need to. done annually, every year, because we those individuals right now, putting But I have serious problems, and so do have to come back and look at what we something on the bill, I hope through my constituents, with drilling in the did last year and see if it is working. If our efforts and through many efforts Alaskan National Wildlife Refuge. it is not, we make further adjustments and through, hopefully, some of our Quite honestly, we have a raging de- and also find out what new problems friends on the other side of the aisle, bate about oil drilling off the coast of have cropped up in the past year. we can take this off the bill and be able Florida. Fortunately, that is not in Mr. MEEK of Florida. Well, Mr. to take care of our business and give this bill, but it could have been. SPRATT, I want to thank you once our troops what they need. If we are going to continue the de- again for coming down and bringing Ms. WASSERMAN SCHULTZ. We bate that we have had on campaign fi- clarification to that. But this is just an thank the gentleman from South Caro- nance reform, then it should be done in ongoing issue. lina so much for joining us. Your ex- the open. It should be done not at the I can tell you, I had the opportunity, pertise is incredibly helpful in terms of last minute when we are trying to get I wanted to share with the Members, to us highlighting the problems that we out of here for the holidays. It should be a guest at 8 a.m. this morning on are trying to address in this Chamber. be done in the deliberative fashion, in Washington Journal. And Mr. RYAN Do you know how I would analogize the appropriate place, in the commit- knows, as Ms. WASSERMAN SCHULTZ the fact that the Republican leadership tees of jurisdiction. But they cannot knows, not to put me in charge of an 8 has now allowed the drilling in the get it in the honest and straight and o’clock volunteer breakfast. It is kind Alaskan National Wildlife Refuge to be fair way. It has to be the back door. It of rough for me at 8 in the morning, added to the Defense appropriations has to be clandestine. And it has to be even though many mornings I am driv- bill, that they have actually agreed to putting things that they feel like most ing my kids to school. But I do not that? I would analogize it this way, and Members could not vote against in have to speak on the issues that are be- analogize the addition of any extra- front of, just like insurgents put fore the Congress. neous material, campaign finance re- women and children in front of them so It was very strange, like Mr. SPRATT form, well, I would say, we almost that they can get hurt first. mentioned. There are a lot of things would have to say ‘‘reverse campaign The American people are going to get that happened just today, today, that finance reform,’’ because the 527 legis- hurt first when extraneous material do not ordinarily happen here under lation that they are talking about is that has nothing to do with the defense the Capitol dome. more insidious, not being done in a way of our country is in front of some awful that would be designed to help add to proposals that would never be sus- b 2100 the public discourse. tained on their own. To be able to have an authorization But the addition of campaign finance Mr. RYAN of Ohio. There is no ques- bill, to try to put some sort of cam- issues or oil drilling in the Alaskan Na- tion, it is the abuse of power. And we paign, let us take the roof off the lim- tional Wildlife Refuge to the Defense have been given an awesome gift to its, on to a must-pass bill is very, very appropriations bill, the way I would just be here in the Chamber, to be here unfortunate. To have the whole discus- analogize it is similar to insurgents in as a Member of Congress. To be in the sion about the Arctic National Wildlife Iraq and in other areas of the world majority is even a greater gift. And to Reserve where we have Senators on the using children as shields. When our take that and to use the power that

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.108 H17DEPT1 H12154 CONGRESSIONAL RECORD — HOUSE December 17, 2005 you are given by the American people November 22 of 2003 in the 108th Con- you that they loved them, and he advo- for the sole purpose of advancing the gress as it relates to the Medicare Pre- cated for them, and he disagreed with cause of your own political party, the scription Drug Bill: 3 hours we stood in not fully funding and providing manda- Republican Party, instead of looking this Chamber, Mr. Speaker, waiting on tory funding for our veterans health out for what is in the best interest of this bill, waiting on us to close the care benefits. the United States of America, that is board. When we say ‘‘the board,’’ we Mr. MEEK of Florida. I have a tail an abuse of power. I think we have seen are talking about the voting board. We end to that statement on this whole it here time and time and time again. sat here for 3 hours while the arm abuse of power, and I am glad you have We saw it here during the prescrip- twisting went on. Leader PELOSI came the perspective from the 108th Congress tion drug bill where we were here until to the floor and put forth a resolution about what actually took place and 3 in the morning and it passed by just in detail talking about some of the ac- how you served with this past-chair- a couple of votes. We were told as tivities on that given evening here on man and past-member of the Veterans’ Members of Congress voting on that this floor that I am speaking on. Affairs Committee. bill that it was only going to be $400 I think it is important we go down The change was widely denounced by billion, and then this bill ends up being memory lane to make sure that people leaders of several veterans groups. over 700 almost $800 billion. And the understand when folks talk about fair- Richard Fuller of the Paralyzed Vet- Democrats had two provisions that we ness and inclusion and that Democrats erans of America said in response to wanted to put in that bill: allow for re- have access to the process, we just need that, ‘‘The Republican leadership has importation from Canada to drop the to go down a brief history of what is made a statement that the country is costs of prescription drugs in the going on. And that is the purpose of the making too much of a commitment to United States and, therefore, save the 30-something Working Group, that the the men and women who have served in taxpayers’ money; and also allow the American people understand exactly uniform.’’ Secretary of Health and Human Serv- what is going on here. This is from the New Jersey Star ices the opportunity to negotiate down You want to talk about arm twist- Ledger. I think it is important that the drug prices and go to America and ing? Just recently, July 24 and 28, on this is a man, this is obviously a man say, if you want the contract from the those two dates the vote was held open that has served. He is the president, or Medicare recipients, you have to sit for so long. Leaders held the vote open was the President, at that particular down and we have to negotiate price. for 1 hour, well past the 15-minute vot- time of the Paralyzed Veterans of Just think how much money we would ing time as they rounded up enough have saved the taxpayer if we would America in response to that. And they votes to pass CAFTA, which was in the have done that. Just think about that. have made a very strong statement Mr. MEEK of Florida. Let me say, final vote 217–215. Even some Repub- that they are not willing to make the just to back up what you were saying licans on that side of the aisle could commitment to men and women that and be a third-party validator on that, not vote for that piece of legislation have served in uniform. because it did not meet the merit to be I have the facts here. You want to talk b 2115 able to be a sound free trade agreement about abuse of power? It was printed So when we talk about the abuse of just this afternoon a story that was the American people can embrace. It took an hour for that to happen. Let us power, we look at this budget that is posted around 7 p.m. tonight about under consideration right now. We what is going on in the back Halls of go down memory lane once again. Veterans Affairs, the chairman being have been talking about the budget Congress. I mean, we have leaders in now for several weeks. I think if this the Senate saying that we have an pro-veteran, goodness gracious, if you Republican majority could give mil- agreement with a said Senator, but I are pro-veteran in the Republican ma- lionaires and billionaires a tax break, do not want to go into details. That is jority, you are going to lose your they would borrow as much money as what our leadership says here in the chairmanship. This is not just our re- port that we have in the back room they have to borrow to make it happen. House. Mr. RYAN of Ohio. Who are they bor- At the appropriate time when I find here and we said, let us see if we can rowing it from? the cover sheet to this one story, I will fabricate something. Mr. MEEK of Florida. Mr. Speaker, enter that into the RECORD because I January 6, this year, 2005, House Re- this Republican majority is willing to think that needs to go into the CON- publicans ousted Mr. CHRIS SMITH as borrow as much money as possible to GRESSIONAL RECORD so that when folks chairman of the Committee on Vet- start backtracking on what happened erans’ Affairs for bucking his leader- give millionaires a tax break. in the 109th Congress at the closing of ship and being a tireless advocate on Ms. WASSERMAN SCHULTZ. Before the first session of the 109th Congress, behalf of veterans rights. He was not you change the subject, I just want to I want them to clearly know what the only removed as chairman, which he say, on veterans, because if we are thinking was on behalf of the majority. served on the committee for 24 years, going to talk about tails, there is the These are two majority leaders that but he was kicked off of the com- tail the size of a doberman and one the are talking about this kind of ‘‘we have mittee, off of the committee. size of a German shepherd. I want to do a deal worked out, but we do not want Mr. RYAN of Ohio. Unbelievable. the length of a German shepherd on to go into details,’’ meanwhile holding Mr. MEEK of Florida. It is one thing, this. up the Defense authorization bill. Not Mr. Speaker, it is really rough to be re- We are not talking about the fact only that, holding up the Defense ap- moved as chairman and then to be that a chairman here who was wonder- propriations bill. There are other bills kicked off the committee that you ful for veterans was removed from the that we would like to get through this served on for 24 years. chairmanship and removed from the Congress. Mr. RYAN of Ohio. I served on that committee. We can go much further Mr. RYAN talked about abuse of committee my last term in Congress. I and lengthen the tail and talk about power. Let me take you down memory sat on the Committee on Veterans’ Af- the commitment or severe lack thereof lane for a moment. October 7, the Re- fairs. And that gentleman that you are commitment to veterans and their publicans held open a 5-minute vote on speaking about had a relationship with health care and sustaining veterans Gasoline American Security Act. It the veterans that was unsurpassed. It who have given not just their lives but lasted over 40 minutes to pass an en- was unbelievable. The veterans groups dedicated their lives to this country ergy bill that does nothing to lower gas loved Mr. SMITH. Loved him. And he and put their lives on the line. prices, and that bill actually passed advocated for them on their behalf as Just 6 months ago, we finally had a only by two votes. The Republican chairman of the veterans committee. culmination of a debate that we had leadership, they have bills that even You do not have to ask me or the 30- begun where we, as Democrats, have Republicans do not want to vote for. something Working Group; you do not been insisting that the Veterans Af- I think it is important that the have to ask us. Go talk to the head of fairs had a significant shortfall in their American people are made aware of the disabled veterans groups, go talk to budget, at least $1 billion, and there that and also Members that may need the head of AMVETS, go talk to any was denial after denial that that was to freshen their memory. single veterans group and they will tell the case. I was not here. In fact, I was

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.109 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12155 not a Member of Congress at the begin- ernment because it is underfunded, but the wealthy, and we are all about third ning of that debate. meanwhile, here we are speaking of, let party validators here. Then I joined the Congress, and a few us borrow as much as we can to give On top of what you just outlined, tax months later, we are on the floor pass- billionaires their tax break, $1.05 tril- analysts agree, and this is in the New ing a supplemental appropriation be- lion this President has borrowed with York Times, third party validators, tax cause the Republican leadership here the Republican majority, in just 4 analysts agree that the overwhelming had to finally acknowledge that there years, from foreign nations such as bulk of the dividend goes to the top 5 was a shortfall. We had to come in and China, Saudi Arabia, Japan, you name percent of income earners. We just pass an emergency appropriation so it. They have a piece of the American passed a $56 billion tax cut package that our veterans could continue to get pie now because we have borrowed $1.05 over 5 years one day last week after we health care. trillion. Forty-two Presidents before passed another tax cut package that is As it is, the Republican administra- this President and before this over- $39 billion over 5 years. There was no tion here makes them wait at least 6 whelming so-shall-it-be-written-so- argument, no argument at all that the months to get any health care services. shall-it-be-done Republican majority, tax cuts that we have been passing go Now, in this budget, we are going to be 42 Presidents in the past, $1.01 trillion, to the top two-tenths of 1 percent of cutting, under the Republican’s plan, 42 Presidents, 224 years of a country the wealthiest people in America. veterans health care by as much as $600 and trying to be as fiscally responsible million, even as we have the number of as possible. I think it is important that When I go home, I represent a fairly our veterans growing with the war in the Members pay very close attention middle class district, working families, Iraq and Afghanistan. to this chart, and unfortunately, Mr. not the depths of the poor, working So it is not just what we are doing to Speaker, this is continuing to go up families. When I stand up in town hall veterans by throwing out the Members and up and up and up and up. meetings, I ask my folks to raise your here on both sides who support them, Mr. RYAN of Ohio. Mr. Speaker, hand if you have benefited from any of but we are also totally shortchanging when you are having your Christmas the tax breaks that have been handed them. I just wanted to add that. party or your Chanukah party or your down by the Bush administration for Mr. MEEK of Florida. Really, to get Kwanzaa party or your holiday party the last 6 years. Do you know, maybe to the nitty-gritty of the whole vet- or whatever you call things these days, one, two hands go up in a roomful of erans, they instruct the Republican because I even get nervous wishing hundreds of people? Who are getting majority, which I must say, when the somebody a merry Christmas anymore, these tax breaks? The Rolls Royce Re- budget came through this House, Mr. when one of the billionaires, one of the publicans. That is who are getting Speaker, not one Democrat voted for millionaires are around the party table these tax breaks. That is what this ad- the budget. Not one Democrat said, in the next week or two and they are ministration and this leadership is all well, maybe I need to vote for this re- holding up their glass, they should say, about, the Rolls Royce Republicans. duction and maybe I just need to do it thank you, Chinese government; thank Mr. RYAN of Ohio. That is a great because of the folks back home; I just you, House of Sahd; thank you, Japan, point because this is not your father’s do not want to vote against the budget. for loaning my country the money to Republican party. This is not the Rich- Not one Democrat voted for the budget be able to give me a tax cut. Do not ard Nixon Republican party or Abra- that they passed on the backs of the thank us. Thank the people we are bor- ham Lincoln Republican party. This is American people, and to come here rowing the money from. Thank them, a right wing agenda that is coming with a straight face and talk about because we are borrowing money from down the pike here with ANWR drilling how we are going to borrow as much the Chinese and the Saudi Arabians coming in. If you are pro-environment money as we have to borrow to give and the Japanese to give a tax cut to and you are with the right wingers, you billionaires the majority of the tax the wealthiest people in the United are in the wrong party because they breaks of a proposal that we put for- States of America. want to drill. And they do not want to ward, and these are the very individ- Not only are we borrowing it, but the have an alternative energy program. uals that are standing up with all money we do take in, look what we are Mr. MEEK of Florida. Once again, I kinds of markers behind them and spending it on in Iraq: $1.5 billion a just have to point out, and this is going charts and everything, fiscal responsi- week. Look at these Iraqi projects: to take me about 10 seconds to do it. bility, ‘‘trust us’’ kind of thing, and I Transportation and communication, They cannot get Republicans in this can tell you right now, Mr. Speaker, we $508 million. Look what we are cutting House to vote for drilling in ANWR. should have as much trust and con- over here in the United States: $500 They cannot get them to do it. So I do fidence within our government. But million to our student loan programs. not blame Republicans, and I do not when we see our leaders act in such a In Iraq: Electricity projects, $4 billion even blame the Republican Party. I way legislatively, I think it is some- for electricity projects in Iraq. In the blame the Republican leadership that thing that should be quite alarming. United States, we are cutting $4.9 bil- is leading the Republican side of the I want to come to the gentleman lion from child support to go after aisle and even giving the oil companies from Ohio (Mr. RYAN) for a second, but deadbeat dads; $1.72 billion in Iraq for and the special interests the thought I want to hit this chart since we are oil infrastructure. What are we cutting that they can invade the Defense ap- talking about being responsible. back here at home? Farm commodity propriations bill of all bills. Repub- If I could, I would like to kind of get and conservation programs, just about licans, their stomach is all messed up a billboard placed probably right where the same number, $1.76 billion, we are over this. the Members come in to vote, if I cutting here at home. could. If I could talk to House Adminis- We are borrowing from China. We are The Republicans need to ask elected tration to see if I could do that, I think giving that money to the richest people Republicans when they go home, why it would be helpful for the financial in our country, and then we are putting did you change on me? You changed well-being of every American. So when the cuts that we have to have over uniforms in the middle of the football the Republican majority is driving in here, because this administration and game. I am not an advocate for the ma- here and saying, I want to borrow as the Republican majority cannot get jority, but I am just saying, there is much money as I can to make sure the economy up and running; we are something fundamentally wrong here. I that oil companies have the subsidies cutting here child support, student want to know, what is the problem, and that they would like to have, even loans, free and reduced lunch. All these who is whispering in whose ear? though they are making record profits, things are happening on the backs of I did find the article, Mr. Speaker, we are going to give them more than the American people. and I would just like to insert it, but it we are giving to the American people Ms. WASSERMAN SCHULTZ. While is, Plan to Move ANWR to Defense Bill or more than we are giving to Leave No we are at it, while we are cutting the Moves Budget Deal Forward. That is Child Left Behind to improve that Act. budget and basically paying for what is CQ Today, December 17 article, Mr. There are going to be 11 States that going on in the war in Iraq, we are pro- Speaker, and I will enter that into the have filed suit against the Federal Gov- viding billions of dollars in tax cuts for RECORD at this point.

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.111 H17DEPT1 H12156 CONGRESSIONAL RECORD — HOUSE December 17, 2005 [From the CQ Today, December 17, 2005] But a $3.2 billion House provision shifting good education. I want people to have PLAN TO MOVE ANWR TO DEFENSE BILL trade dumping penalties to the U.S. Treas- health care. MOVES BUDGET DEAL FORWARD ury instead of aggrieved companies was still They understand. They understand (By Steven T. Dennis and Liriel Higa) in the package, Nussle said. that the economy does not boom be- Medicaid and Medicare provisions were cause the top two-tenths of 1 percent of A conference report on a $45 billion budget still being hashed out late Saturday after- savings package was nearly complete Satur- noon, as negotiators awaited scoring of the Americans get a tax cut. They under- day evening after House leaders reached an provisions. stand that it is kids who grow up and agreement with Senate Defense Appropria- The package still needed to go through a can get a good education and who sit tions Chairman Ted Stevens to move a provi- so-called ‘‘Byrd bath,’’ to ensure that it does across the desk from these constitu- sion allowing drilling in Alaska’s Arctic Na- not run afoul of the Byrd rule. Named for ents of mine, most of whom are em- tional Wildlife Refuge (ANWR) out of the Senator Robert C. Byrd, D–W.Va., the rule ployers, who are bosses who are inter- legislation and into the Defense bill. prohibits provisions in budget legislation The agreement on moving ANWR came on viewing kids who graduate from high that would have a negligible spending im- school unprepared for the path that a day of negotiations on multiple fronts. On pact. Saturday night, the House by voice vote Meanwhile, Republican moderates in the they choose in life because we are not passed a stopgap spending measure (H J Res House began to worry that their victory in adequately funding education because 75) to temporarily fund Defense programs stripping ANWR from the House budget they come to work sick and have to go and other government operations after a package was becoming a fleeting one. home early because we have 45 million day-long dispute between Republican leaders Representative Sherwood Boehlert, R– people who do not have health insur- in both chambers over when the measure N.Y., said he and other moderates would con- ance. would expire. sider voting against the budget savings pack- They want to know where this Re- A new stopgap measure must be cleared by age unless ANWR is removed from the De- Congress and signed by President Bush by publican leadership’s priorities are, fense bill. ‘‘The my way or the highway where their Republican party that they midnight, when an earlier stopgap spending crowd’’ has been winning, and moderates measure (H J Res 72) expires. need to consider changing tactics, he said. have chosen to affiliate themselves On Sunday, House leaders expect to bring House Appropriations Chairman Jerry with, where their priorities are, be- the budget package (HR 4241, S 1932) to the Lewis, R–Calif., said appropriators were close cause it is not with them. I am not sure floor for a vote. And they expect Stevens, R– to a deal on additions to the Defense appro- what our other colleagues’ Republican Alaska, to sign the budget conference report. priations bill, including hurricane relief, flu constituents are saying to them, but Stevens, a staunch supporter of ANWR en- prevention funding and a 1 percent across- that is what mine are saying to me. ergy exploration, had vowed not to do so the-board cut that would apply to Defense I think we have got to stop being the until the lawmakers cleared the Defense but spare veteran’s benefits. That cut would Congress of the special interests and spending bill (HR 2863) with drilling provi- save about $8 billion a year. sions intact. But he later agreed to allow the return to being the Congress of the STOPGAP FUNDING budget conference to move forward provided American people. While we are on the that the House passes the Defense bill with Lewis lost in an intraparty dispute Satur- subject of the success of this adminis- ANWR attached. day with Senate leaders over how long to tration, and you talk about how sig- ‘‘We have an agreement with Sen. Stevens, temporarily fund government operations nificant that deficit, and the combina- but I don’t want to go into all of the de- covered by spending bills have not yet cleared, including Defense. tion of 42 other Presidents combined, tails,’’ said House Speaker J. Dennis Hastert, had a bigger deficit. The President does R–Ill. Since the fiscal year began on Oct. 1, Con- House Budget Chairman Jim Nussle, R– gress has twice enacted such stopgap spend- like to talk about the success of the Iowa, said Saturday afternoon that his panel ing measures. On Saturday, Lewis intro- economy and how it is experiencing a was expecting final reports from authorizing duced a third continuing resolution lasting resurgence and how we are really in committee chairmen by the evening and that until Feb. 15, but the Senate insisted that real good shape right now. I want to once the final bill is scored by the Congres- the measure expire sooner, on Dec. 31. just show you a chart that I had made sional Budget Office, the budget savings The continuing resolution would fund pro- up. It gives you an example of the eco- package should come close to the $45 billion grams covered under the Defense bill and the Labor-HHS–Education appropriations meas- nomic success of America under the goal set by House leaders. Bush administration. Nussle said that they ‘‘need, want, expect’’ ure (HR 3010)—the only two spending meas- Stevens’ vote on the budget bill. He said the ures that have not yet cleared. b 2130 House would vote on the Defense spending Lewis had said he was seeking a Feb. 15 ex- tension because of concerns that the Senate Let us go down memory lane. Under bill Sunday before voting on the reconcili- the administration of Bush 41, the Dow ation bill. would not be able to clear the Labor–HHS The Senate also would likely vote on the spending measure before adjourning. went up 10.1 percent. Under President Defense bill with ANWR attached before vot- Lewis rejected a proposal floated Friday by Clinton’s first Presidency, 19.6 percent. ing on the budget reconciliation package ac- Senator Arlen Specter, R–Pa., chairman of Second Clinton Presidency, 12.3 per- cording to a senior Senate GOP leadership the Labor-HHS–Education Appropriations cent. Negative. Three percent under aide. The timetable for Senate action is un- Subcommittee, to tack the bill on to the De- this President’s first term; now two- fense Appropriations measure. clear. tenth’s of 1 percent. Literally, Presi- It is uncertain if Democrats would attempt Ms. WASSERMAN SCHULTZ. We dent Clinton’s Dow went up 225 per- to filibuster the Defense measure. But they have got to stop thinking about the were hoping to muster the 51 votes needed to cent; and under this President, the Dow special interests before we think about has gone up 3 percent. Not exactly a reject attaching ANWR drilling to the con- the average American because that is ference report. stellar record in terms of improving The budget savings package is protected really what it boils down to, and those the economy. from filibuster in the Senate under special Republicans that you are talking Mr. Speaker, I yield to the gentleman budget reconciliation rules, but the Defense about, I represent a lot of them. from Ohio. spending measure has no such protection. I live in a town that precinct by pre- Mr. RYAN of Ohio. There is no doubt ‘‘This language has the potential, in my cinct, 13 precincts in my town, in this about it, and here is where not only the opinion, to sink the package once it reaches city of Weston; every single one of Dow is not growing at the clip we need the Senate.’’ them is majority Republican registra- it to, this is where the tax cuts are The ANWR provision, which was included tion. I cannot walk down the street in the Senate’s version of the budget pack- going. age but not the House bill, has been a stick- without interacting with a Republican And I think we have to make this ing point in finishing work on the legisla- registered voter, and by the way, I win point. We talk about health care and tion—especially for House moderates and every one of those precincts with more education, and the Democrats have Democrats. Negotiators hope that moving than 60 percent of the vote. I am cer- talked about how we have reformed the proposal to the must-pass Defense bill tainly not a Republican, and the reason those systems, not talking just throw- makes the budget legislation easier to pass that happens is because it happens to ing money at them, but we need new while making it harder politically for Demo- be a community that has some wealth. innovative progressive ways of edu- crats to filibuster. People stop me in the supermarket, on A number of other provisions in the Budget cating our kids and delivering health savings bill opposed by House moderates—in- the soccer field all the time and say: care. The Democrats have a plan to do cluding savings in food stamps, child support DEBBIE, keep the darn tax cut. I do not that. These are good investments. enforcement and welfare—would not be in need the tax cut. It does not help me The gentlewoman was talking about the final bill either, Nussle said. that much. I want my kid to have a the millions of kids who do not have

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.066 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12157 health insurance and how people in her is in a precarious state and may well or lack thereof of foreign military community are smart enough to know collapse. It does not take a genius to interventionism and preemptive war. we need to do that. Those kids end up realize that increasing the national Polls indicate ordinary Americans in the emergency room much sicker debt by over $600 billion per year is not are becoming uneasy with our pro- than they would be if they had some sustainable. Raising taxes to make up longed war in Iraq which has no end in preventive care. What we are advo- the shortfall is unacceptable, while sight. The fact that no one can define cating for is to make sure we provide continuing to print the money needed victory precisely, and most Americans this kind of care for those kids, to will only accelerate the erosion of the see us staying in Iraq for years to make sure we save the taxpayer money dollar’s value. come, contributes to the erosion of in the long run. Our foreign policy is no less of a support for this war. Currently, 63 per- So as this is probably our last 30- threat to us. Our worldwide military cent of Americans disapprove of the something for 2005, Happy Chanukah, presence and our obsession with re- handling of the war, and 52 percent say Kwanzaa, Merry Christmas. making the entire Middle East frighten it is time to come home. Forty-two Ms. WASSERMAN SCHULTZ. A joy- a lot of people both here and abroad. percent say we need a foreign policy of ous holiday season. Our role as world policeman and na- minding our own business. This is very Mr. RYAN of Ohio. Have a very tion-builder places undue burdens on encouraging. The percentages are even happy, joyous holiday season, because the American taxpayer. Our enormous higher for the Iraqis. Eighty-two per- we are all Americans. And I would like overseas military expenditures, lit- cent want us to leave, and 67 percent to now give the e-mail address here: erally hundreds of billions of dollars, claim they are less secure with our [email protected]. are a huge drain on the American econ- troops there. That is 30, the number, omy. Ironically, our involvement has pro- [email protected]. All wars invite abuses of civil lib- duced an unusual agreement among the Does the gentleman from Florida erties at home, and this vague declara- Kurds, Shiites, and Sunnis, the three have any final words to share with the tion of war against terrorism is worse factions at odds with each other. At American people and his colleagues? than most in this regard. As our lib- the recent 22-member Arab League Mr. MEEK of Florida. Well, first Ms. erties here at home are diminished by meeting in Cairo, the three groups agreed on one issue. They all want for- WASSERMAN SCHULTZ. the PATRIOT Act and national ID card Ms. WASSERMAN SCHULTZ. I look legislation, we succumb to the tempta- eign troops to leave. At the end of the forward to coming back and joining my tion of all empires to spy on American meeting, an explicit communique was colleagues in the 30-something Work- citizens, neglect habeas corpus, employ released: ‘‘We demand the withdrawal of foreign forces in accordance with a ing Group next year. torture tactics, and use secret timetable and the establishment of a Mr. MEEK of Florida. I just want to imprisonments. These domestic and national and immediate program for say to my colleagues here, and Mr. foreign policy trends reflect a morally rebuilding the armed forces that will SPRATT, who was here earlier, that it bankrupt philosophy devoid of any con- allow them to guard Iraq’s borders and has definitely been a great joy and cern for liberty and the rule of law. get control of the security situation.’’ honor to be a part of this group that we The American people are becoming Since the administration is so enam- more aware of the serious crisis this have that is working so hard, and also ored of democracy, why not have a na- country faces. Their deep concern is re- Mr. DELAHUNT and many other mem- tional referendum in Iraq to see if the flected in the current mood in Con- bers of the 30-something Working people want us to leave? After we left Group. On behalf of all of us, we want gress. The recent debate over Iraq Lebanon in the 1980s, the Arab League to thank not only the Speaker-to-be, shows the parties are now looking for was instrumental in brokering an end hopefully in the next Congress, Leader someone to blame for the mess we are to that country’s 15-year civil war. Its PELOSI, but also our Democratic whip, in. It is a high-stakes political game. chances of helping to stop the fighting Mr. HOYER. And I want to congratulate The fact that a majority of both par- in Iraq are far better than depending Mr. BOB MENENDEZ on being appointed ties and their leadership endorsed the on the United Nations, NATO, or the to the Senate in the very near future, war and accept the same approach to- United States. and also to Mr. CLYBURN. wards Syria and Iran does nothing to This is a regional dispute that we Mr. RYAN of Ohio. And also Mr. Tom tone down the accusatory nature of the stirred up, but cannot settle. The Arab Manatos, who keeps us all together current blame game. League needs to assume a lot more re- down here. Tom, you are the man. The argument in Washington is over sponsibility for the mess that our inva- Mr. MEEK of Florida. And, Mr. tactics, quality of intelligence, war sion has caused. We need to get out of Speaker, we wish you a Merry Christ- management, and diplomacy, except the way and let them solve their own mas, too, sir. for the few who admit that tragic mis- problems. Remember, once we left Leb- f takes were made and now sincerely anon, suicide terrorism stopped and want to establish a new course for Iraq. FOREIGN POLICY peace finally came. The same could Thank goodness for those who are will- happen in Iraq. The SPEAKER pro tempore (Mr. ing to reassess and admit to those mis- Everyone is talking about the down- DENT). Under the Speaker’s announced takes. Those of us who have opposed side of us leaving and the civil war that policy of January 4, 2005, the gen- the war all along welcome them to the might erupt. Possibly so. But no one tleman from Texas (Mr. PAUL) is recog- cause of peace. knows with certainty what will hap- nized for 60 minutes as the designee of If we hope to pursue a more sensible pen. There was no downside when we the majority leader. foreign policy, it is imperative that left Vietnam. But one thing for sure, Mr. PAUL. Mr. Speaker, our country Congress face up to its explicit con- after a painful decade of the 1960s, the faces major problems. No longer can stitutional responsibility to declare killing stopped and no more Americans they remain hidden from the American war. It is easy to condemn the manage- died once we left. We now trade with people. Most Americans are aware the ment of a war, one endorsed, while de- Vietnam and enjoy friendly relations Federal budget is in dismal shape. ferring to the final decision about with them. This was achieved through Whether it is Social Security, Medi- whether to deploy the troops to the peaceful means, not military force. care, Medicaid, or even the private pen- President. When Congress accepts and The real question is how many more sion system, most Americans realize assumes its awesome responsibility to Americans must be sacrificed for a pol- we are in debt over our heads. The wel- declare or not declare war as directed icy that is not working. Are we going fare state is unmanageable and se- by the Constitution, fewer wars will be to fight until we go broke and the verely overextended. fought. American people are impoverished? In spite of hopes that supposed re- Sadly, the acrimonious blame game Common sense tells us it is time to re- form would restore sound financing and is motivated by the leadership of both assess the politics of military interven- provide for all the needs of the people, parties for the purpose of gaining or re- tion and not just look for someone to it is becoming more apparent every day taining political power. It does not ap- blame for falling once again into the that the entire system of entitlements proach a true debate over the wisdom trap of a military quagmire.

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.114 H17DEPT1 H12158 CONGRESSIONAL RECORD — HOUSE December 17, 2005 The blame game is a political event b 2145 will go on, but that only serves to dis- designed to avoid the serious philo- The final rhetorical refuge for those tract from the important issue of pol- sophic debate over our foreign policy of who defend the war not yet refuted is icy. Few today in Congress are inter- interventionism. The mistakes made the dismissive statement that the ested in changing from our current ac- by both parties in dragging us into an world is better off without Saddam cepted policy of intervention to one of unwise war are obvious, but the effort Hussein. It implies no one can question strategic independence. No nation to blame one group over the other con- anything we have done because of this building, no policing the world, no dan- fuses the real issue. Obviously, Con- fact. Instead of an automatic conces- gerous alliances. But the result of this gress failed to meet its constitutional sion, it should be legitimate, even if latest military incursion into a foreign obligation regarding war. Debate over politically incorrect, to challenge this country should not be ignored. Those prewar intelligence elicits charges of disarming assumption. No one has to who dwell on pragmatic matters should errors, lies, and complicity. like or defend Saddam Hussein to point pay close attention to the result so far. It is argued that those who are now out, we will not know whether the Since March 2003, we have seen death critical of the outcome are just as world is better off until we know ex- and destruction, 2,100-plus Americans much at fault since they too accepted actly what will take Saddam Hussein’s killed and nearly 20,000 sick and flawed intelligence when in deciding to place. This argument was never used to wounded, plus tens of thousands of support the war. This charge is leveled justify removing murderous dictators Iraqis caught in the crossfire. A Shiite at previous administrations, foreign with much more notoriety than Sad- theocracy has been planted. A civil war governments, Members of Congress, dam Hussein such as our ally Stalin, has erupted. Iran’s arch nemesis, Sad- and the United Nations, all who made Pol Pot whom we helped to get into dam Hussein, has been removed. Osama the same mistake of blindly accepting power, or Mao Tse Tung. Certainly the bin Laden’s arch nemesis, Saddam Hus- the pre-war intelligence. Soviets, with their bloody history and sein, has been removed. Al Qaeda now thousands of nuclear weapons aimed at operates freely in Iraq, enjoying a fer- But complicity, errors of judgment, us, were many times over greater a tile training field not previously avail- and malice are hardly an excuse for threat to us than Saddam Hussein ever able to them. Suicide terrorism spurred such a serious commitment as a pre- was. If containment worked with the on by our occupation has significantly emptive war against a nonexistent Soviets and the Chinese, why is it as- increased. Our military-industrial com- enemy. Both sides accepted the evi- sumed without question that deposing plex thrives in Iraq without competi- dence supposedly justifying the war, Saddam Hussein is obviously and with- tive bids. True national defense and the evidence that was not credible. No out question a better approach for us voluntary Army have been under- weapons of mass destruction were than containment? mined. found. Iraq had no military capabili- The ‘‘we are all better off without ties. Al Qaeda and Saddam Hussein Personal liberty at home is under at- Saddam Hussein’’ cliche does not ad- tack; assaults on free speech and pri- were not allies. Remember, we were dress the question of whether the 2,100- once allies of both Saddam Hussein and vacy, national ID cards, the PATRIOT plus American troops killed or the Act, National Security Letters, and Osama bin Laden. And Saddam Hussein 20,000 wounded and sick troops are bet- posed no threat whatsoever to the challenges to habeas corpus all have ter off. We refuse to acknowledge the been promoted. United States or his neighbors. hatred generated by the deaths of tens Values have changed, with more We hear constantly that we must of thousands of Iraqi citizens who are written off as collateral damage. Are Americans supporting torture and se- continue the fight in Iraq and possibly cret prisons. Domestic strife, as re- in Iran and Syria because it is better to the Middle East and Israel better off with the turmoil our occupation has cently reflected in arguments over the fight the terrorists over there than war on the House floor, is on the up- here. Merely repeating this justifica- generated? Hardly. Honesty would have us conclude that conditions in the Mid- swing. Preemptive war has been codi- tion, if it is based on a major analyt- fied and accepted as legitimate and ical error, cannot make it so. All evi- dle East are worse since the war start- ed. The killing never stops, and the necessary, a bleak policy for our fu- dence shows that our presence in Iraq, ture. Saudi Arabia, and other Muslim coun- cost is more than we can bear both in The Middle East is far more unstable, tries benefits al Qaeda in its recruiting lives and limbs lost and dollars spent. and oil supplies are less secure, not efforts, especially in its search for sui- In spite of the potential problems that more. Historic relics of civilization cide terrorists. may or may not come from our with- drawal, the greater mistake was going protected for thousands of years were This one fact prompts a rare agree- in in the first place. lost in the flash while oil wells were se- ment among all religious and secular We need to think more about how to cured. U.S. credibility in the world has Muslim factions, namely, that the U.S. avoid these military encounters rather been severely damaged, and the na- should leave all Arab lands. Denying than dwelling on the complications tional debt has increased enormously, this will not keep terrorists from at- that result when we meddle in the af- and our dependence on China has in- tacking us. It will do the opposite. The fairs of others with no moral or legal creased significantly as our Federal fighting and terrorist attacks are hap- authority to do so. We need less blame Government borrows more and more pening overseas because of a publicly game and more reflection about the money. stated al Qaeda policy that they will go root cause of our aggressive foreign How many more years will it take for for soft targets: our allies, whose citi- policy. By limiting the debate to tech- civilized people to realize that war has zens object to the war, like Spain and nical points over intelligence, strategy, no economic or political value for the Italy. They will attack Americans who the number of troops and how to get people who fight and pay for it? Wars are more exposed in Iraq. out of the mess, we ignore our contin- are always started by governments, It is a serious error to conclude that ued policy of sanctions, threats and in- and individual soldiers on each side are fighting them over there keeps them timidation of Iraqi neighbors, Iran and conditioned to take up arms and travel from fighting us over here or that we Syria. Even as Congress pretends to great distances to shoot and kill indi- are winning the war against terrorism. argue about how or when we might viduals that never meant them harm. As long as our occupation continues come home, leaders from both parties Both sides drive their people into a and American forces continue killing continue to support the policy of hysterical frenzy to overcome the nat- Muslims, the incentive to attack us spreading the war by precipitating a ural instinct to live and let live. False will grow. It should not be hard to un- crisis with these two countries. The patriotism is used to embarrass the derstand that the responsibility for vi- likelihood of agreeing about who delib- good-hearted into succumbing to the olence in Iraq, even violence between erately or innocently misled Congress, wishes of the financial and other spe- Iraqis, is blamed on our occupation. It the media and the American people is cial interests who agitate for war. War is more accurate to say the longer we virtually nil. Maybe historians at a reflects the weakness of a civilization fight them over there, the longer we later date will sort out the whole mess. that refuses to offer peace as an alter- will be threatened over here. The debate over tactics and diplomacy native.

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.115 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12159 This does not mean we should isolate get our checkbooks out tonight and re- As members of the Blue Dog Coali- ourselves from the world. On the con- tire this debt, everybody, including the tion, we believe we have the answer to trary, we need more rather than less children, the babies being born today, this massive debt, this ongoing deficit, interaction with our world neighbors. would have to write a check for some and we believe we can get it under con- We should encourage travel, foreign $27,000. trol without harming and cutting pro- commerce, friendship and exchange of You hear a lot of talk these days grams for the poorest among us. It is ideas. This would far surpass our mis- about this being a Democratic idea or called the Blue Dog 12-Point Plan. It is placed effort to make the world like us this being a Republican idea. And, Mr. 12 simple points, quite frankly, that, if through armed force. This can be Speaker, I am here to tell you that I implemented, would truly restore some achieved without increasing the power believe the people in this country like fiscal discipline and common sense to of the state or accepting the notion me are sick and tired of all the par- our Nation’s government. This evening, that some world government is needed tisan bickering that goes on at our Na- Mr. Speaker, we plan to spend the re- to enforce the rules of exchange. Gov- tion’s Capital. maining part of this hour going over ernments should get out of the way and It should not matter if it is a Demo- these 12 points. So many people criti- cratic idea or a Republican idea. In let the individuals make their own de- cize what is going on, but they do not fact, the American people are con- cisions about how they want to relate offer up a solution, and what we are cerned not about petty partisan poli- to the world. trying to do as members of the Blue tics, but they are concerned about pay- Defending our country against ag- Dog Coalition is offer up an alter- ing for the high cost of their children’s gression is a very limited and proper college education, the skyrocketing native, offer up a solution to this mas- function of government. Our military cost of health care and how to pay for sive debt and deficit, this budget prob- involvement in the world over the past prescription drugs. They are concerned lem our Nation has today. 60 years has not met this test, and we about their retirement security, about With me to help do that I am real are paying the price. privatizing Social Security, Medicare proud to have JOHN TANNER, one of the A policy that endorses peace over and Medicaid, skyrocketing natural founding members of the Blue Dog Coa- war, trade over sanctions, courtesy gas and energy prices, the war in Iraq lition from the State of Tennessee; over arrogance and liberty over coer- and thousands of Katrina victims who DENNIS CARDOZA, one of the co-chairs cion is in the tradition of the American nearly 4 months after the devastating of the Blue Dog Coalition from Cali- Constitution and American idealism. It hurricane still today remain homeless. fornia; and Allen Boyd from Florida, deserves consideration. Let me tell you about my America. one of the founding members, long- f My congressional district back home in time members, former chairman of the Blue Dog Coalition. So we come to you BLUE DOG COALITION Arkansas ranks 415 out of 435 among congressional districts throughout the this evening from all across America, The SPEAKER pro tempore (Mr. country in average income per house- from Arkansas and Tennessee and Cali- DENT). Under the Speaker’s announced hold. Half the children in Arkansas are fornia and Florida, to offer up what we policy of January 4, 2005, the gen- on Medicaid. Eight out of ten seniors in believe are commonsense ideas to truly tleman from Arkansas (Mr. ROSS) is nursing homes are on Medicaid. One in try to get this Nation’s fiscal house recognized for 60 minutes. five people in my home State of Arkan- back in order. As 37 members of Con- Mr. ROSS. Mr. Speaker, I come to sas are on Medicaid. Yet, around 1 gress, we have come together, and we the floor this evening as a member of o’clock in the morning on November 18, have written this 12-point reform, and the fiscally conservative Blue Dog Coa- Congress nearly passed the so-called we are encouraging Democrats and Re- lition, a group of 37 fiscally conserv- Deficit Reduction Act that would di- publicans to join us as we try to get ative Democrats that are concerned rectly and adversely impact the poor, this Nation back on track. about our Nation and its future due to the disabled, the elderly. This bill man- b 2200 the rising cost of our debt, our deficit. dates nearly $50 billion in spending We believe it is time to restore some cuts, including $11.4 billion in cuts to And the reason this is so important common sense in fiscal discipline to Medicaid, the only health insurance and why this should matter to every- our Nation’s government. plan for the poor, the disabled, the el- body across our land, $8.137 trillion in Mr. Speaker, I stand here today on derly; $14.3 billion in cuts to Federal debt. That is very important for a lot the floor of the United States House of student aid programs; over $3 billion in of reasons, not the least of which is our Representatives as a voice for the peo- cuts to our farm families; and over $700 Nation today. The first $500 million we ple of Arkansas’ Fourth Congressional million in cuts to food stamps. Then collect every day in taxes from tax- District. the Republican leadership turns around payers does not go to better roads, bet- It is one thing for all of us to have and passes $56 billion worth of tax cuts, ter education, better health care. It the title U.S. Representative, but it is $50 billion in spending cuts, $56 billion simply goes to pay interest, to pay in- another thing to be one, and I believe in tax cuts. Only in Washington do you terest on the national debt. it is important that we go back to our add $6 billion to the Nation’s debt and It is not getting any better. In fact, respective districts; I go home every call it the Deficit Reduction Act. our Nation is borrowing another $907 weekend to places like Hot Springs and Mr. Speaker, I will never stop fight- million every 24 hours. As Members of Texarkana and Pine Bluff and El Do- ing for the conservative smalltown val- the Blue Dog Coalition, we want to fix rado and Mena and Hope and ues that I was raised on and still be- this, and we can do it with our 12-point Arkandelphia, and throughout the 29 lieve in, and I cannot help but reflect plan. counties and 150 towns that I so proud- on one of the memory verses that I Madam Speaker, I yield to the gen- ly represent, and listen to the people. learned growing up at Midway United tlemen from Florida (Mr. BOYD). And then I do my best to bring their Methodist Church just outside Pres- Mr. BOYD. Madam speaker, I want to voice back here to the floor of the cott, Arkansas. It is from Matthew thank my friend from Arkansas for or- United States House of Representa- 25:40, and it goes like this: I tell you ganizing this hour to give the Blue tives. the truth. Whatever you did for one of Dogs a chance to talk to the Nation The people are telling me that it is the least of these brothers of mine, you about our 12-point plan. I came here 9 time that our Nation get its fiscal did for me. years ago and have been a part of the house in order and stop this reckless Mr. Speaker, the idea of cutting pro- Blue Dog Coalition since that time and spending that has resulted in the larg- grams that would negatively impact am real proud of the work that they do est deficit ever in our Nation’s history the poorest among us does not resonate in trying to bring a message to this for a fifth year in a row and has re- with the principles on which this coun- Congress and to the country that fiscal sulted in a debt that totals $8.137 tril- try was founded. These budget cuts are responsibility and fiscal discipline does lion. That is $8 trillion, 137 billion and indicative of misguided priorities and matter. some change. do not reflect the values I learned Now, as our friend from Arkansas, In fact, for every man, woman, and growing up in places like Emmet, Pres- Congressman ROSS, said earlier, he child in this country, if we all had to cott and Hope, Arkansas. grew up in a small town in Arkansas. I

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.117 H17DEPT1 H12160 CONGRESSIONAL RECORD — HOUSE December 17, 2005 grew up in a small rural community in is that it has to come together in a bi- and say, as Mr. BOYD did previously, North Florida just right on the Georgia partisan way. We have to work to- that we really are about trying to fig- border, a little community, 3,000 people gether. We cannot continue to try to ure out bipartisan solutions to making or so, grew up on a farm. My wife and move policies strictly on a polarized a new direction for our country and a I still live today on that farm. and partisan basis. better direction, where we pay as we I spent all of my adult life as a busi- I am real honored to be here tonight. go, where we do not build up these ness person, and, Madam Speaker, one Again, I thank the gentleman from Ar- huge debts, and do not leave a huge of the things that I learned a long time kansas (Mr. ROSS) for putting this to- legacy of debt to our children. ago was the lesson that all of our busi- gether. But I believe that the most im- Two weeks ago on this floor, you and ness people out there understand, our portant thing we can do in that 12-step I had a colloquy with regard to the government leaders and even those who plan is to put a provision in our Con- debt and the priorities of our country. are not running a business, but are run- stitution that requires us to balance Two weeks ago we talked about a rec- ning households, that fiscal responsi- our budget. onciliation bill that actually, instead bility does matter. Otherwise, sometimes maybe the of reducing the national debt, in- We always have to be conscious of Congress, the administration, do not creased the national debt by $20 billion; our fiscal condition no matter what have the will to do it. So that is one of but that is not even necessarily the kind of operation we are running. And the points that we should be talking worst part of this. indeed, this U.S. Congress and the ad- about tonight, and that is a constitu- The worst part of it is when we are ministration are running the largest tional requirement for a balanced making the debt worse by what the Re- business, almost a $2.5 trillion busi- budget. We had many votes on that publican leadership is proposing, and ness. That is about the budget, about prior to 2001, prior to the current ad- we do not have the right priorities, the the average annual U.S. Government ministration coming in to office. We right family values, the right values budget now. And we are running about had many votes on the House floor to for our Nation in the reconciliation a $350 billion annual deficit. put in the Constitution a balanced package. Now, Madam Speaker, I got into poli- budget. In fact, the Republican reconciliation tics back about 17 years ago, and one of But I do not think we have had any package cuts out $600 million for foster the reasons that I chose to run for pub- since 2001. So I look forward to the dis- children, orphans, and abused children. lic office was because I was concerned cussion tonight. I yield to the gen- They are taken out of their families about some of our governments, State tleman from Arkansas. and put in homes, cuts of $600 million. and particularly Federal governments, Mr. ROSS. Madam Speaker, I want to We never have had more abused and or- spending more money as a matter of thank the gentleman from Florida (Mr. phaned children in this entire country. practice than they took in on an an- BOYD), and I would encourage the gen- There are over half a million children nual basis. And so I got into the State tleman to stay with us for the remain- in our country that are not living with legislature, and I watched the Federal der of this hour. You helped write these their parents. They have been taken Government build annual spending 12 points. You have got a lot of exper- out of their parents’ home either be- deficits of almost $300 billion. tise on ways that our Nation can once cause their parents have gotten into I think the number in 1992 was about again return to a balanced budget. trouble, cannot take care of them any $290 billion, at which point the Amer- And I hope you will be able to stay longer, or have abused them. And they ican people finally said this is not with us as we go through the 12 points. are living with someone else. right, we ought to do something about It is hard to believe now that from 1998 We are cutting the funds to provide this. Pursuant to that 1992 Presidential through 2001 this Nation had a bal- programs for those children when we election, the United States Govern- anced budget, because for the fifth year are giving tax cuts, or we are proposing ment, under a Democratic President in a row, we have got the largest budg- tax cuts, we are not doing it, it is the and a Republican-run Congress, later et deficit ever, ever in our Nation’s his- other side of the aisle, tax cuts to the on House and Senate after 1994, worked tory. Again, our debt is $8.137 trillion. wealthiest 1 percent of Americans, peo- really hard on eliminating that Federal And that is why, as Members of the ple who make over $1 million a year. annual deficit. And it went from $290 fiscally conservative Blue Dog Coali- Now, I do not believe in class war- billion. It was not easy. A lot of sac- tion, we are here to address this issue fare. I believe in a society in America rifice. A lot of pain. A lot of programs that is critical to our Nation, to our where we can raise everyone’s ship, and cut, and it was necessary, led by, at children, to our grandchildren, and cer- I hope those orphans some day make $1 that time, President Clinton. tainly to their future. million a year. But we are not going to We moved from in 1992 a $290 billion At this time, I am pleased to yield to do it without education, without good annual deficit, and in a short 8 years the gentleman from California, the co- homes for these children, without pro- later, we actually had an annual sur- chair of the Blue Dog Coalition, Mr. viding a way and a path for them to do plus. $290 billion annual deficit in 1992. CARDOZA. better. In 2000 we had an annual surplus; our Mr. CARDOZA. Madam Speaker, I And as you said last time we spoke U.S. Government budget was right. thank the gentleman from Arkansas about this, Mr. ROSS, I know a little What has happened since then? We (Mr. ROSS) for organizing this on behalf bit about this, because I have two won- have gone from an annual surplus and of the Blue Dog Coalition. It is truly an derful children, Joey and Elaina, who a $5.6 trillion debt in 2001, when we had honor to be one of the cochairs of the my wife and I adopted out of foster the last one, this administration came Blue Dogs and to serve on that illus- care. They are wonderful children. into office, to today where we have trious body with you. They have done very well in our home. about a $350 billion annual deficit. I want to start off tonight talking But it is because we gave them a As you see there on the chart, a debt about not our priorities, but what I chance. And the reality is too many amassed at over $8.1 trillion dollars, heard one of our respected colleagues children in America are not going to $27,000 for every man, woman and child talk about just before we went on. Mr. get a chance if the Republican prior- in the country. You know, ladies and PAUL talked about how he thinks that ities of reconciliation are left to stand. gentlemen, Madam Speaker, we know we are going in the wrong direction in And I have got to ask a simple ques- what we have to do to eliminate this the country. tion tonight. Out of a $2 trillion budg- deficit and start reducing this debt. I did not hear his whole presentation, et, is it not possible for the Repub- We cannot do it all at once. It takes but I thought it was an interesting in- licans to find a better place to cut than a lot of hard work. We want to use the dictment of his own side of the aisle, orphans and abused children right be- model that President Clinton and the because he felt that we had not done fore Christmas? I have to ask the ques- Republican-led Congress in 1997 put to- the right thing by balancing the budget tion: Is it not possible to find a place gether. and going along. He does not like the better to cut? And that is what the Blue Dogs are direction of where we are going. I When I told my children that I adopt- trying to convince the leaders of the thought he spoke a lot of truth to- ed, my wife and I adopted, about these Congress and the administration today, night. I just wanted to highlight that cuts, they said, Daddy, go back up

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.119 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12161 there and tell them not to do that. went to those earning over $1 million a We all talked a little bit about our That is not the right thing. And if my year; is this correct? small town origins. I am from a small children, who are 11 and 8, 12 and 8, I Mr. CARDOZA. That is exactly right. town in Tennessee. And I tell people, will get in trouble if I do not correct Mr. ROSS. I just wanted to confirm when they ask me where I am from, I that because they are watching to- that with you. say, well, let me put it like this: In the night, if they know at that age that Mr. CARDOZA. Mr. Speaker, it seems town I live in, you do not need a blink- there is a better place to cut, then cer- like our country, or at least the Repub- er signal on your car because the guy tainly the adults in this Chamber lican leadership and the leadership in behind you knows where you are going should know there is a better place to the Senate and the White House, has to turn off. cut than those folks. totally turned what our priorities So I think probably Prescott, Arkan- I just have to say in this Christmas should be as a Nation on its ear. We are sas; Monticello, Florida; and Dennis season, I certainly hope the ghost of not balancing the budget. That is the lives out in California, but there are Christmas past does not come and visit first mistake. But the second mistake some small towns out there as well. I those Members who vote for this rec- is we are cutting education. We are say that only to highlight the fact that onciliation package with that par- cutting those who are most vulnerable a lot of the values that we hold dear in ticular cut in it. You know, we can do and who could build this country into this country have been characterized better. We can have a new vision for something better. And it just seems to from time to time as small-town val- America where we build up our edu- me that if we would just invest in edu- ues, where people know each other, cational system, where we take care of cation, invest in the future of America, where families live and so forth. And I those who are most in need amongst try to make sure that these young kids think the Blue Dog Coalition reflects a us, and where we balance the Federal who go into foster care do not go into lot of that commonsense philosophy. budget. gangs; it costs us over $40,000 a year to And we come here to Washington and It is called the Blue Dog 12-step plan. incarcerate someone who goes astray, we band together as the Blue Dog I am just so proud to have been here and so many foster kids go astray when Democrats and try, as best we can, to with you tonight, my colleagues here, they are put into so many different project this message, this message of Mr. ROSS from Arkansas, Mr. TANNER homes. The average number of homes values, of small-town camaraderie and from Tennessee, and Mr. BOYD from that most foster kids go to is 12. I have all the rest. And I know we are going to Florida. They are really the backbone talked to kids who have been in 24 dif- get to the 12-point plan, but I want to of our organization. Mr. BOYD and Mr. ferent homes. They are placed, placed, say just a couple of things very quick- TANNER have been leading this charge placed because we do not have money ly. for a number of years. in the system and people drop out, and It is very hard for me, and I know it I am just so proud to be in their com- it is no way to live one’s live. Twenty- is very hard for people who are listen- pany. I think if we get the chance, we four homes. ing to this discussion to relate to $8- will provide a better and more direct One young lady was a valedictorian plus trillion. I mean, how much is path for America. Thank you, Mr. in her class. I do not know how she did that? It is mind boggling. And to give ROSS, once again for leading this effort it, but she managed to break out of some idea how much it is, if one took tonight. I am proud to be with you. that system. She was in 24 different $1,000 bills and just stacked them like I have one last thing to say. There foster homes over her period of time. that, one after another, $1 million was a fellow from your district who be- We can do better, Mr. Speaker. And I would be about 1 foot high. That is came President, a man from Hope, Ar- know Mr. ROSS is for that, and I thank 1,000 $1,000 bills. One billion dollars kansas. When he left office, it was pro- him for highlighting that fact. would be as high as the Empire State jected that we were going to have a $5.4 Mr. ROSS. Mr. Speaker, reclaiming Building. And $1 trillion would be 1,000 trillion surplus. And, instead, the cur- my time, I am certainly supportive of times as high as the Empire State rent leadership has giving us an $8 tril- tax cuts, targeted tax cuts that help Building in New York City. That is lion deficit. working families. But when we are bor- how much money we are talking about. That is a far cry from having a sur- rowing money from foreigners, when And what has happened here in the plus and being on good financial foot- we are borrowing money to fund a tax last 4 or 5 years is we had the debt ing. I just hope that you can help us cut, that is nothing more than a tax in- where it was static, it was not growing. lead the Nation, Mr. ROSS, from your crease on our children and grand- As a matter of fact, we were actually little community of Hope, Arkansas, children because they have got to pay paying some down. And as the economy into a better path. Thank you for doing that money back. And no one under- grows and the debt stays static, it be- this tonight. stands this issue any better than one of comes much less of a drag on our econ- the founders of the Blue Dog Coalition, omy. But we did not stay on that 2215 b the gentleman from Tennessee (Mr. course, and in 2001, we embarked on an Mr. ROSS. Mr. Speaker, I want to TANNER). entirely different course, a financial thank the gentleman from California I will yield to the gentleman from course here, and so what has happened for his comments. Tennessee, and following the gentle- is the debt ceiling has been raised, the Can the gentleman from California man’s remarks, we will go through amount of money this government can (Mr. CARDOZA) verify this for me now? these 12 points one by one until we run borrow, almost $3 trillion, and we have We talked about the cuts to Medicaid, out of time this evening. actually borrowed in hard money over $11.4 billion; the cuts to Federal stu- And for folks who happen to be see- $1.3 trillion in a matter of about 48 dent aid, $14.3 billion; $3 billion in cuts ing this this evening, do not be con- months. to our farm families, commodities, fused. This is not recorded. This is live. And what does this mean? If that was conservation, many other agriculture Congress is meeting on a Saturday not bad enough, borrowing $1.3 trillion, programs; $700 million in cuts to food night here in our Nation’s Capital. And the interest rate that we now are hav- stamps. we are here on the floor to try to hold ing to pay every year at 4 percent on But you are saying there are also this government responsible and ac- just the money we borrowed in the last cuts to orphans and foster care? countable and restore some common 48 months is some $50 billion a year. Mr. CARDOZA. That is exactly right. sense and fiscal discipline to our Na- If that was not bad enough, what is Mr. ROSS. How much were these tion’s Government because this debt is worse is 85 percent of this money that cuts? out of control. we borrowed in the last 48 months, 85 Mr. CARDOZA. $600 million. And with that, I yield to the gen- percent of it has been from foreign in- Mr. ROSS. Now, these $50 billion in tleman from Tennessee. terest. So not only are we mortgaging cuts, including the $600 million in cuts Mr. TANNER. Mr. Speaker, I thank our country, but we are mortgaging it to orphans and foster care, went to Mr. ROSS for yielding to me. And I am to people who do not see the world as help pay for a $56 billion tax cut, which pleased to be with him here tonight we do. mostly benefited those earning over and with Allen Boyd and Dennis Primarily, the biggest gainer of the $400,000 a year, 50 percent of which Cardoza. debt that we owe is China. Now, I say

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.120 H17DEPT1 H12162 CONGRESSIONAL RECORD — HOUSE December 17, 2005 that there are two problems here. One it through all of the legal pitfalls, and et. And I think we all get that one. I is the financial vulnerability that this the Blue Dogs have endorsed this bill. mean, I was in the State senate for 10 country now has to people who do not And there was an article in the Wall years. Forty-nine States, including my see the world as we see it. It does not Street Journal today, this morning, home State of Arkansas, must live take a rocket scientist to realize that talking about it. What we are seeing in within its means. They constitu- China has designs on taking Taiwan. this country is an increasingly polar- tionally require a balanced budget. I The President said we will defend Tai- ized House of Representatives that is know at the Ross home in Prescott, Ar- wan. If China moved on Taiwan and we rendering itself, in the opinion of the kansas, we sit around the kitchen table said, You cannot do that, it is not fan- moderates here, the people who want and we have to have a balanced budget. tasy to think that China would not tell to work across the aisle, it is rendering At the small town family pharmacy my us to stay out of it, U.S., or we are it impossible for this House of Rep- wife and I own, we have to have a bal- going to roll the value of the dollar, resentatives to address the real prob- anced budget. It should not be asking and we can do it. We can make your in- lems of the country because of this too much to ask this Congress and this terest rates go up. We can wreck havoc blind allegiance to party first and con- government to also tighten its belt and on your markets if we want to because stituents second. We have seen just learn to live within its means. And we have your debt. And as my dad told egregious examples of the abuse of that that is what we mean when we talk me one time, he said it is easier to power by the professional politicians. about requiring a balanced budget. foreclose on a man’s house than it is to I am under no illusion. We are asking b 2230 shoot your way in the front door. And people to give up a lot of power because that is what we are talking about, a fi- they really carve their own districts The second point that I think is very nancial vulnerability of this country out now with computers and so forth. important also, do not let Congress buy that is being created, as we speak here And we are asking them to give up a on credit. Now, back when Congress tonight, by the deliberate, intentional lot of power. But our country is losing had a balanced budget in the Clinton financial policy of this country as the middle, and the middle is where the administration from 1998 to 2001, they passed by this Congress and endorsed problems are solved, politically speak- had a thing in the House called PAYGO by the administration. A financial vul- ing, in our country. And I wish every- rules, pay-as-you-go basically is what nerability that is every bit a national body would take a very serious look at it meant, meaning if you are going to security matter. That is the first this because if we can take it out of the cut taxes, you got to cut spending, and thing. hands of professional politicians and if you are going to fund a new program, The second thing is when I was talk- give the voice back to the people, I you got to cut another program. You ing about this $50 billion, we are erod- think, one, we will be able to respond have got to make it fit within your ing the tax base in this country by better. But, secondly, if our House of budget, like most of us do in our fami- transferring moneys that come here Representatives becomes so polarized lies at home and with our businesses that people pay taxes, hard-earned and so gerrymandered by the process and certainly like 49 States in this taxes; we are not spending it on human that we are living under now that peo- country are required to do. That, I be- capital, investment in human capital ple at the ballot box cannot change the lieve, is something we must do in this in this country, and infrastructure, direction of the country when they House Chamber, is restore the pay-as- which they are paying their taxes for. want it to change, the majority want it you-go rules. We are transferring those taxes and to change, and they cannot at the bal- The third point, I will yield to the that sort of spending to interest for lot box, we will either wind up with a gentleman from Florida. Anytime you which we get nothing. And 85 percent dictatorship or a revolt. I really be- all want to jump in on any of these of the interest checks that we are writ- lieve it is that serious. So I wanted to points, please feel free to do so. ing now that we borrowed in the last 48 mention that in passing. It is not one Mr. BOYD. I appreciate the gen- months have not even stayed in this of our 12 points, but it certainly is part tleman yielding. Some of us were here country. of our Blue Dog philosophy because the when we put the 1997 Balanced Budget Human capital, investment in human Blue Dogs have endorsed it, and I ap- Act in place. I think you heard Mr. capital, exactly what do I mean by preciate that very much. TANNER and the others talk about the So, again, I thank the gentleman for that? I mean basically human beings, economic model. You heard them talk yielding to me, and we will go through citizens of this country, who must be about human capital, health for our the 12-point plan. citizens, and also education for our educated and healthy for this country Mr. ROSS. Mr. Speaker, I want to to be strong, free and competitive in an citizens. thank the gentleman from Tennessee The economic model that the U.S. increasingly globalized world market- for having founded the Blue Dog Coali- has is the greatest experiment in de- place. There has never been in all of re- tion. mocracy ever in the history of man- corded history a country that was In the rest of this Special Order, we strong and free that had a population plan to go through, beginning right kind. We are the richest nation in the that was uneducated and unhealthy. It now, all 12 points of the Blue Dog plan. history of the Earth. I tell my con- has never existed. It never will. And by And as the gentleman from Tennessee stituents that we have 5 percent of the transferring the tax base that people mentioned, he talked about the prob- world’s population and control 25 per- send the money to Washington for in- lems with the professional politicians cent of the world’s wealth. terest rather than education and and a lot of the issues we face. And There is an underlying model, an in- health care, we are absolutely for- those of us who wrote these 12 points, frastructure, human capital that Rep- feiting the people’s right to have a I know I am a small business owner resentative TANNER talked about. We have to get back to this notion of fiscal country and a government that is in- back home in Prescott; Mr. TANNER terested in their welfare. from Tennessee is a small businessman; responsibility and make sure that eco- The second thing is infrastructure. Mr. CARDOZA from California is a small nomic model works. It does not work if We have a lot of crumbling infrastruc- business owner; and Mr. BOYD was a we got to go into the markets every ture in this country. We are losing the small business owner, a veteran and a year and borrow $350 billion or $400 bil- ability to invest in that, and if you do farmer. lion or $500 million to run the govern- not think that that is important, go to Mr. TANNER. We all would like to be ment. You are borrowing much of that some country that has no infrastruc- big business owners someday, but we from overseas so it will not work. What ture and see how many people are are still small business owners. do we do to get back to a balanced doing well. Nobody is. Mr. ROSS. Number one, and it is budget and to reduce the deficit spend- And let me close with this: The Blue kind of like David Letterman’s top 10. ing? Dogs have endorsed a bill that we This is the top 12, and I do not know if One of the really key things is spend- drafted earlier this year that basically it is going to be as good as Letterman’s ing caps, and that is the third point of does away with partisan political redis- top 10 or not, but it is very important. our 12 point plan. Put a lid on spend- tricting of the congressional seats. We Point number one to the 12-point re- ing. We know that you cannot fix it all did a lot of work on it. We have briefed form plan is: Require a balanced budg- in one year, but you put in a long-term

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.121 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12163 plan, a long-term budget. Most of our We now have a one-party government ered somewhere close to 5,000 homes. small business people are used to doing here in Washington. The Republicans FEMA has told the mayor they may that, a 5 or 3 or 10 year budget, or have the White House, Senate and have as many as 12,000 homes. Yet whatever it might be. That is what we House. The people elected them. But these homes are not getting to the peo- did in 1997, and you cap your spending what you have as a by-product of that ple. These are not even at the Hope air- at certain levels and live within that, is a compliant Congress, a friendly ad- port. and then economically you can grow ministration. And this Congress has to- They are running these homes down your revenue to a point where you get tally abdicated its oversight of the the interstate at well above the speed back into a balanced situation. Federal executive branch because they limit, I know, because they passed me Let me just give you one example of do not even ask them what they did before, with a sign they usually put what happened when we did this earlier with the money. They do not even have right here on the back, a banner, that during the nineties. The non-discre- hearings and say what happened to the says ‘‘urgent FEMA delivery.’’ I guess tionary defense spending increases money we appropriated to you last urgent for what? To get to a cow pas- were 2.5 percent, the annual increase, year? If they did have a hearing, the ture in Hope, Arkansas, 450 miles from during the Clinton years. During the administration could not tell them, or where they are needed? nineties, 2.5 percent, non-defense, dis- could not tell us, the American people. If one shingle blows off in transit, cretionary spending. So you have a bad by-product of one- they will not accept it at the FEMA Under this administration they have party government here with a compli- designated staging area they opened been between 8 and 9 percent. We have ant Congress, a friendly administra- down at Hope. So they have come back an annual average growth in govern- tion, nobody wanting to embarrass to Prescott, which is where I now live, ment spending between 2001 and 2003 of each other. So, consequently, we have a town of about 3,500 people, and they 16 percent. No wonder we have $350 bil- got a financial house that is not only are renting this cow pasture. They did lion annual deficits. We have to get a not in order, but running amuck. no site preparation. When we have a handle on that spending. Mr. ROSS. Number four, require good rain these things are going to So that is point number three. agencies to put their fiscal houses in sink to the axle. Mr. ROSS. Number one, require a order. Again, 16 of 23 major Federal We have over 200 of them in Prescott. balanced budget; number two, do not agencies cannot issue a simple audit of They filled up the pasture in Prescott let Congress buy on credit; number their books. The Federal Government now. There is a story from the three, put a lid on spending. cannot account for $24.5 billion it spent Arkadelphia Siftings Herald on Decem- Number four is something that I ber 16, that was yesterday, they have know I have heard the gentleman from in 2003. The Blue Dogs propose a solu- tion, to put a budget freeze for any now got 200 of them stacked up at Tennessee talk about quite often, and truck stops in Gurdon, and I suspect Federal agency that cannot properly that is require agencies to put their fis- that the folks in Arkadelphia in the balance its books. cal houses in order. Require agencies to next day or two are going to start see- put their fiscal houses in order. By You are talking about waste. You are talking about a government agency ing them there. that we are talking about the fact that So my point, Madam Speaker, is this: that cannot get it together. If the gen- some of our Federal agencies, they To the acting director of FEMA, why tleman will pause with me for just a have a problem keeping books. And cannot we get some 5,000 homes that second here, I want to point out some- with that, I yield to the gentleman FEMA has purchased, why cannot we thing. from Tennessee. get them moved from Hope and Pres- You know, all of us all across Amer- Mr. TANNER. Thank you, Mr. ROSS. cott, Arkansas, 450 miles south to ica, our hearts went out for the people The Government Accountability Of- where they need them, where people to- when the hurricanes hit in places like fice in a report this year revealed 16 of night are going to bed in camper trail- Louisiana and Mississippi and I know 23 major Federal agencies cannot ers and in tents? This is a good exam- the gentleman from Florida has experi- produce a simple audit. In other words, ple of what we are talking about when enced this in the past as well. they cannot tell the American people we talk about wasteful spending and The Federal Emergency Management and the Congress what they did with agencies that cannot get their act to- Agency, FEMA, has purchased over the money that was appropriated to gether. them for the purposes provided in the 20,000 manufactured homes, they are 14 At this time for point number five I bill. feet wide, 60 foot long. You can see recognize the gentleman from Cali- some of them right here. Now, it is unbelievable to imagine fornia, Mr. CARDOZA. that going on in your business. If you For some reason, they are not get- Mr. CARDOZA. Thank you, Mr. ROSS. went to your comptroller and said here ting them, FEMA is not getting these You know, what you just spoke about is an expenditure of $10,000, what hap- homes to the people who need them, is a matter of priorities. It is what I pened to it, and the guy said I do not the people who lost their home and ev- spoke about earlier when I was talking know, I cannot put my finger on that, erything that they owned. In fact, I about the foster care system and was nobody, no business person in this was with Congressman GENE TAYLOR there not a better place to cut. country would tolerate that, nor from Mississippi earlier tonight, and Number five on our planks of the 12 should they. Yet 16 of 23 Federal agen- my heart goes out to him and his fam- step program for Blue Dog fiscal re- cies cannot do that. ily. He has done all he knows how to do sponsibility is make Congress tell the In our plan, in this plan, if they can- to help his constituents while also try- taxpayers how they are spending our not, we do it very simple: They do not ing to rebuild his life. He even lost his money. The American people want to get the money next year. It is straight- own home in that horrible tragedy in know that their tax dollars are being forward, it is common-sensical. People August with Hurricane Katrina. But he spent on our national priorities. understand it. And, by gosh, when the was telling me tonight, I believe he is I got to tell you, if you ask the folks Congress appropriates money to the ad- like living with his brother or some- around the country what our national ministration, whatever administration thing, but he was telling me there are priorities are, they are going to tell us it may be, and they cannot tell us what people still living in tents, people liv- they want to get those folks in Lou- they did with it, then they ought not ing in small campers, people that do isiana, Mississippi and Alabama back to get it next year. not have homes, people living in hotel on their feet. That is a priority. Edu- I will tell you one other thing. Not rooms. cation is a priority. Fighting the war only do we withhold money under our Yet FEMA has now moved 5,000 brand effort is a priority. plan, which makes perfectly good new unoccupied manufactured homes But what happens here in Congress is sense, but there ought to be some ac- to an old Army World War II airport at we pass these bills on voice votes. And countability. What we have seen is I Hope, Arkansas. They just showed up today, just today in this House, on a think a derivative of the gerry- one day and told the mayor they want- voice vote they passed a continuing mandered districts that come here in ed to give him $25,000 a month for the resolution for 30 days, until December this party allegiance first and the next two years to use it as a ‘‘staging 31, well, two weeks. And we are spend- country second. area,’’ and then they have since deliv- ing billions and billions of dollars on a

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.123 H17DEPT1 H12164 CONGRESSIONAL RECORD — HOUSE December 17, 2005 voice vote. I got to tell you, I know be passed, or some self-executing rule ly hard to try to get out of here and that if the American people knew all or something like that, and never have doing some work that has been put off the money that is being spent in that a vote on the debt limit increase. that should have been done earlier in continuing resolution, they would not b 2245 the fall, even earlier in the summer. be happy about it. But the work that has been done here So the Blue Dogs have decided that I think that is the seventh point of in the last 2 or 3 days, all of it has been we need to tell the American people our 12-point plan. done under what we call a marshal law what the priorities are. We need to tell Mr. ROSS. I thank the gentleman rule which allows bills to be brought to the American people what we are from Florida for sharing the issue of the floor without even 24 hours’ notice. spending their money on. We have pro- the debt limit with us. He is right, and It really exacerbates this problem of posed that no bill should pass Congress that is why it is one of the 12 points. having stuff going into the statutes above the threshold of $50 million, We should have a vote any time we are that Members really do not have a which is a significant amount of money going to raise the debt limit. I mean, chance, the American people do not in anybody’s book, without a vote of the debt limit today is currently at have a chance to read and understand. Congress. $8.184 trillion, so it will not be long be- I think this solves that problem. We need to tell the American people fore we raise it again. This number Mr. ROSS. We have about 5 minutes where we are spending their money. If right here is increasing to the tune of left in the Special Order, as we come to we are going to spend billions, we have about $41 million an hour. In other the floor of our Nation’s Capitol here, to take a vote. Today we should have words, in the time we have been speak- the floor of the United States House of had a vote. It should not have been a ing here on the floor of the United Representatives, to discuss this over- voice vote, just agreed upon. We should States House of Representatives this whelming debt that is saddling our have had a vote on that continuing res- evening, the national debt has in- country and jeopardizing its future. olution. creased by about $41 million because of Mr. TANNER, if you would, number 10, Mr. ROSS. Where I come from, most this year’s deficit. So it will not be require honest cost estimates for every people think we ought to have a vote if long before we will be raising the debt bill that Congress votes on. The Medi- we are spending a dollar. We cannot limit here in the Congress. And unless care bill, there are a lot of bills that even get the leadership here to give us we are able to get them to start allow- are good examples. The Congress, the a vote when we spend $50 million. It is ing us to have a vote on it, they will people of this country need to know time for that to change. just put it in some other bill and try to how their money is being spent. They I yield to the gentleman from Flor- hide it from the public. We believe that need an honest cost estimate for every ida. is wrong, and we want to put a stop to Mr. BOYD. I thank the gentleman bill they vote on. that. Mr. TANNER. Well, it is a shell from Arkansas. There are several other Number eight, justify spending for points. One is something that I think game, somebody called it three card pet projects. I think that pretty much monty, when you low ball a bill that most of us understand. Set aside a speaks for itself. We always from time rainy day fund. You know, I am sure you know is going to cost more than to time pick up the paper and read that, but you do it to fit it into some Mr. ROSS, Mr. CARDOZA, Madam Speak- about some outrageous project that is er, I am sure you have rainy day funds preconceived notion of a budget so you being funded with Federal funds. There in your businesses or even in your own can basically fool the American people are a lot of good projects that are fund- personal home budgets. Most people to make them think you are being fis- ed across this Nation, but we are say- understand that. We are not always cally responsible and not doing some- ing that you should have to justify a able to have as big a rainy day fund as thing foolish financially, and yet you project. You should not get a project we want, and sometimes we have to are. And we saw this and we saw the because of who you are. You ought to spend our fund, but, if we do, we try to administration, the administration have to justify a project for your dis- build it back up. that we are under now, they knew bet- Congress never set aside a rainy day trict. ter on the Medicare bill and told the fund. That is one of the things we want Mr. BOYD. It is the American peo- Congress it was going to cost $350 bil- to get Congress to do. That is part of ple’s tax money, and we should justify lion over time, and really they knew it our 12 point plan. if we are going to spend it. was about $750 or $800 billion. That is If I can, Mr. ROSS, I will go on to Mr. ROSS. If we are going to spend the kind of thing we are talking about, number seven, and that is one that the tax money, the people need a voice because then people do not know what really bugs me a lot. When you move in it and we need to make sure that to believe. from a $5.6 trillion debt in 2001 when money is going to benefit them to cre- Mr. CARDOZA said earlier, We can do this administration came into office to ate jobs, economic opportunities; and better than this. This place is broken a $8.137 trillion debt, that is $2.5 tril- that is what we are trying to do here, and our 12-point plan is our attempt to lion of additional money that Congress and that is why we say justify spending fix it. had to borrow on behalf of the Amer- for pet projects. Mr. BOYD. Honesty and integrity are ican people to pay our bills. That has Number nine, ensure that Congress basic character traits that our citizens to be authorized in statute. That has to reads the bills it is voting on. That warrant us to have. We see so much of be authorized. The Treasury cannot seems quite silly, but the reality is that in all of government now, the dis- just go and borrow the money without that many times they will bring bills honest statements, the misleading the U.S. Congress authorizing it and to the floor of the House that are thou- statements, people defrauding or the President signing it into law. sands of pages, thousands of pages bribing or taking bribes, those kinds of We have gotten into a bad habit thick and give us less than a day or things. Corruption, it is a pattern of around here in the last few years of less than an hour, in fact, at times, to corruption. And this is what this is raising that debt limit without a sepa- actually read the bill we are voting on. about. rate vote. You know, from time to time Our point is this, what we are pro- We want honesty and integrity in our our listeners, our constituent, have to posing is a minimum of 3 days to have government. I think we should shoot go and borrow money. Most of the time the final text of legislation made avail- straight and talk straight with the when they have to borrow money, they able before a vote. We cannot require American citizens. have to get a corporate resolution, Members of Congress to read a bill be- Mr. ROSS. Number 11, make sure some sort of authorization to go bor- fore they vote on it; but I can promise that new bills fit the budget. Basically, row that money. They have to have a you this, if you give us less than an we are proposing the Budget Com- meeting, have to have a vote of the hour, if the leadership gives us less mittee strengthen its oversight role in board. than an hour to read a 3,000-page bill, preparing budget-compliant state- Mr. CARDOZA. You have to go see no one is going to be able to read that. ments for every bill that is reported your banker and justify it. Mr. BOYD. The work we have done out of committee. Mr. BOYD. Guess what? Here, we here the last 2 or 3 days, we are 8 days Does anyone want to add anything on stick it into some other bill that has to before Christmas, we are working real- number 11?

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.125 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12165 Mr. TANNER. I would say that we Mr. HYDE (at the request of Mr. S. 1869. An act to reauthorize the Coastal see time and again the rule resolution BLUNT) for today and December 18 on Barrier Resources Act, and for other pur- that comes to the floor and is passed account of illness in the family. poses; to the Committee on Resources. basically on the party line; what you S. 1312. An act to amend a provision relat- f ing to employees of the United States as- see is that in the rule, all points of SPECIAL ORDERS GRANTED signed to, or employed by, an Indian tribe, order are waived, which means that the and for other purposes; to the Committee on budget rules that we try to put in place By unanimous consent, permission to Resources; in addition to the Committee on are meaningless. Because if you are address the House, following the legis- the Judiciary for a period to be subsequently going to waive them on virtually every lative program and any special orders determined by the Speaker, in each case for bill now that comes to the floor, we heretofore entered, was granted to: consideration of such provisions as fall with- really do not have any enforceable (The following Members (at the re- in the jurisdiction of the committee con- cerned. mechanism, and this will change that. quest of Ms. WOOLSEY) to revise and ex- And we think that is a commonsense tend their remarks and include extra- f idea. neous material:) ENROLLED BILLS SIGNED Mr. ROSS. Finally, number 12, Mr. Ms. WOOLSEY, for 5 minutes, today. ARDOZA Mrs. Haas, Clerk of the House, re- C , if you want to share that Mr. MCDERMOTT, for 5 minutes, with us. today. ported and found truly enrolled bills Mr. CARDOZA. I would be happy to, and a Joint Resolution of the House of Mr. EMANUEL, for 5 minutes, today. Mr. ROSS. the following titles, which were there- Mr. HOLT, for 5 minutes, today. Number 12 is to make Congress do a upon signed by the Speaker: Ms. JACKSON-LEE of Texas, for 5 min- better job keeping track on govern- H.R. 3963. An act to amend the Federal ment programs that it passes. utes, today. (The following Members (at the re- Water Pollution Control Act to extend the As Mr. TANNER said earlier, we have authorization of appropriations for Long Is- basically abdicated our responsibility quest of Mr. BISHOP of Utah) to revise land Sound. in this one-party form of government and extend their remarks and include H.R. 4195. An act to authorize early repay- that we have right now. We are doing extraneous material:) ment of obligations to the Bureau of Rec- no oversight. We are not keeping tabs Mr. CULBERSON, for 5 minutes, today. lamation within Rogue River Valley Irriga- on the bills that we pass. In fact, the Mr. MCCAUL of Texas, for 5 minutes, tion District or within Medford Irrigation last four planks in the Blue Dog pro- today. District. Mr. SHIMKUS, for 5 minutes, today. H.R. 4440. An act to amend the Internal gram all sort of relate to the same kind Revenue Code of 1986 to provide tax benefits Mr. POE, for 5 minutes, today. of thing. It is about accountability. It for the Gulf Opportunity Zone and certain is about making sure that we read the Mr. HAYES, for 5 minutes, today. areas affected by Hurricanes Rita and bills, that we require honest cost esti- f Wilma, and for other purposes. mates, that we make sure that the new H.R. 4508. An act to commend the out- bills fit the budget that we have al- SENATE BILLS REFERRED standing efforts in response to Hurricane ready passed, and that we make sure Bills of the Senate of the following Katrina by members and employees of the that Congress does an adequate review titles were taken from the Speaker’s Coast Guard, to provide temporary relief to on the bills that we have passed. table and, under the rule, referred as certain persons affected by such hurricane They are just basic commonsense te- with respect to certain laws administered by follows: the Coast Guard, and for other purposes. nets. If you look back at the Medicare S. 435. An act to amend the Wild and Sce- H.J. Res. 38. Joint Resolution recognizing Prescription Drug Bill, it is a perfect nic Rivers Act to designate a segment of the Commodore John Barry as the first flag offi- example of how this process has gone Farmington River and Salmon Brook in the cer of the United States Navy. off the rails. And it has cost twice as State of Connecticut for study for potential H.J. Res. 75. Joint Resolution making fur- much. addition to the National Wild and Scenic ther continuing appropriations for the fiscal I remember Mr. DOOLEY had a com- Rivers System, and for other purposes; to the year 2006, and for other purposes. peting bill, but I think it probably did Committee on Resources. S. 648. An act to amend the Reclamation f more for seniors than the one that we States Emergency Drought Relief Act of 1991 ADJOURNMENT passed. And he could not even get a to extend the authority for drought assist- score from the Congressional Budget ance; to the Committee on Resources. Mr. BOYD. Madam Speaker, I move Office to say how much his bill was S. 959. An act to establish the Star-Span- that the House do now adjourn. going to cost. That is just wrong. A gled Banner and War of 1812 Bicentennial The motion was agreed to; accord- Member of the Congress should be able Commission, and for other purposes; to the ingly (at 10 o’clock and 55 minutes to get the score. We should all have the Committee on Government Reform. p.m.), under its previous order, the score. The American people should be S. 1025. An act to amend the Act entitled House adjourned until tomorrow, Sun- ‘‘An Act to provide for the construction of able to get the lowdown on what a bill the Cheney division, Wichita Federal rec- day, December 18, 2005, at 1 p.m. costs and have that up front 3 days at lamation project, Kansas, and for other pur- f least before we pass it. poses’’ to authorize the Equus Beds Division Mr. ROSS. We are out of time this of the Wichita Project, to the Committee on EXECUTIVE COMMUNICATIONS, evening. I want to thank the gen- Resources. ETC. tleman from California (Mr. CARDOZA), S. 1096. An act to amend the Wild and Sce- Under clause 8 of rule XII, executive nic Rivers Act to designate portions of the the gentleman from Tennessee (Mr. communications were taken from the TANNER), the gentleman from Florida Musconetcong River in the State of New Jer- sey as a component of the National Wild and Speaker’s table and referred as follows: (Mr. BOYD) for coming to the floor of Scenic Rivers System, and for other pur- 5836. A letter from the Acting Director, De- the United States House of Representa- poses; to the Committee on Resources. fense Procurement and Acquisition Policy, tives with me this evening to discuss S. 1165. An act to provide for the expansion Department of Defense, transmitting the De- our Nation’s debt and deficit and the of the James Campbell National Wildlife Ref- partment’s final rule—Defense Federal Ac- Blue Dog Coalition’s 12-point plan to uge, Honolulu County, Hawaii; to the Com- quisition Regulation Supplement; Training restore some integrity, some common mittee on Resources. for Contractor Personnel Interacting with sense, and fiscal discipline to our Na- S. 1496. An act to direct the Secretary of Detainees [DFARS Case 2005-D007] received tion’s government. the Interior to conduct a pilot program September 8, 2005, pursuant to 5 U.S.C. under which up to 15 States may issue elec- 801(a)(1)(A); to the Committee on Armed f tronic Federal migratory bird hunting Services. LEAVE OF ABSENCE stamps; to the Committee on Resources. 5837. A letter from the Acting Director, De- S. 1552. An act to amend Public Law 97–435 fense Procurement and Acquisition Policy, By unanimous consent, leave of ab- to extend the authorization for the Sec- Department of Defense, transmitting the De- sence was granted to: retary of the Interior to release certain con- partment’s final rule—Defense Federal Ac- Mr. BACA (at the request of Ms. ditions contained in a patent concerning cer- quisition Regulation Supplement; Restric- PELOSI) for today and December 18. tain land conveyed by the United States to tions on Totally Enclosed Lifeboat Survival Mr. BECERRA (at the request of Ms. Eastern Washington University until Decem- Systems [DFARS Case 2004-D034] received PELOSI) for today. ber 31, 2009; to the Committee on Resources. September 8, 2005, pursuant to 5 U.S.C.

VerDate Aug 31 2005 05:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K17DE7.126 H17DEPT1 H12166 CONGRESSIONAL RECORD — HOUSE December 17, 2005 801(a)(1)(A); to the Committee on Armed [MB Docket No. 02-123; RM-10445] received worthiness Directives; Airbus Model A340-200 Services. December 16, 2005, pursuant to 5 U.S.C. and A340-300 Series Airplanes [Docket No. 5838. A letter from the Regulations Coordi- 801(a)(1)(A); to the Committee on Energy and FAA-2005-23005; Directorate Identifier 2003- nator, Department of Health and Human Commerce. NM-110-AD; Amendment 39-14379; AD 2005-23- Services, transmitting the Department’s 5846. A letter from the General Counsel, Of- 21] (RIN: 2120-AA64) received December 16, final rule—Supplemental Standards of Eth- fice of Management and Budget, transmit- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ical Conduct and Financial Disclosure Re- ting the Office’s final rule—Regulation on Committee on Transportation and Infra- quirements for Employees of the Department Maintaining Telecommunications Services structure. of Health and Human Services (RIN: 3209- During a Crisis or Emergency in Federally- 5856. A letter from the Program Analyst, AA15) received September 1, 2005, pursuant owned Buildings—received June 30, 2005, pur- FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- Energy and Commerce. mittee on Energy and Commerce. worthiness Directives; McCauley Propeller 5839. A letter from the Associate Bureau 5847. A letter from the Assistant Secretary Systems Propeller Assemblies Models Chief, WTB, Federal Communications Com- for Legislative Affairs, Department of State, 2D34C53/74E-X; D2A34C58/90AT-X; 3AF32C87/ mission, transmitting the Commission’s transmitting notification of an Account- 82NC-X; D3AF32C87/82NC-X; D3A32C88/82NC- final rule—Improving Pub. Safety Comms. in ability Review Board to examine the facts X; D3A32C90/82NC-X; and 3AF34C92/90LF-X the 800MHz Band; [WT Dkt. 02-55]; Amdt. of and the circumstances of the loss of life at a [Docket No. FAA-2005-22731; Directorate Pt. 2 of the Comm. Rules to Allocate Spec- U.S. mission abroad and to report and make Identifier 2005-NE-36-AD; Amendment 39- trum Below 3GHz for Mobile and Fixed Serv- recommendations, pursuant to 22 U.S.C. 4831 14389; AD 2005-24-09] received December 16, ice to Supp. the Intro. of New Adv. Wireless et seq.; to the Committee on International 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Service, [ET Dkt. No. 00-258]; Petition for Relations. Committee on Transportation and Infra- Rule Making of the Wireless Info. Networks 5848. A letter from the Deputy Director, structure. Forum Concerning the Unlicensed Personal Defense Security Cooperation Agency, trans- 5857. A letter from the Program Analyst, Comm. Service [RM-9498]; Petition for Rule mitting pursuant to the reporting require- FAA, Department of Transportation, trans- Making of UT Starcom, Inc., Concerning the ments of Section 36(b)(5)(A) of the Arms Ex- mitting the Department’s final rule—Air- Unlicensed Personal Comm. Serv. [RM- port Control Act (AECA) as amended, Trans- worthiness Directives; McCauley Propeller 10024]; Amdt. of Sec. 2.106 of the Commis- mittal No. 0A-06, relating to enchancements Systems Five-Blade Propeller Assemblies sion’s Rules to Allocate Spectrum at 2GHz or upgrades from the level of sensitivity of [Docket No. FAA-2005-22690; Directorate for Use by the Mobile Satellite Serv.; [ET technology or capability described in Sec- Identifier 2005-22690; Directorate Identifier Dkt. No. 95-18] Received December 15, 2005, tion 36(b)(1) AECA certification 05-19 on 06 2005-NE-35-AD; Amendment 39-14388; AD 2005- pursuant to the Committee on Energy and May 2005; to the Committee on International 24-08] (RIN: 2120-AA64) received December 16, Commerce. Relations. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5840. A letter from the Senior Legal Advi- 5849. A letter from the Deputy Director, Committee on Transportation and Infra- sor, Chief, Media Bureau, Federal Commu- Defense Security Cooperation Agency, trans- structure. nications Commission, transmitting the mitting pursuant to the reporting require- 5858. A letter from the Program Analyst, Commission’s final rule—Digital Television ments of Section 36(b)(1) of the Arms Export FAA, Department of Transportation, trans- Distributed Transmission System Tech- Control Act, as amended, Transmittal No. 06- mitting the Department’s final rule—Air- nologies [MB Docket No. 05-312] received De- 12, concerning the Department of the Army’s worthiness Directives; British Aerospace cember 15, 2005, pursuant to 5 U.S.C. proposed Letter(s) of Offer and Acceptance to Model HS 748 Airplanes [Docket No. FAA- 2005-23006; Directorate Identifier 2002-NM-51- 801(a)(1)(A); to the Committee on Energy and Pakistan for defense articles and services; to AD; Amendment 39-14380; AD 2005-23-22] (RIN: Commerce. the Committee on International Relations. 5841. A letter from the Legal Advisor to the 5850. A letter from the Assistant Secretary 2120-AA64) received December 16, 2005, pursu- Bureau Chief, Media Bureau, Federal Com- for Legislative Affairs, Department of State, ant to 5 U.S.C. 801(a)(1)(A); to the Committee munications Commission, transmitting the transmitting pursuant to section 36(c) and on Transportation and Infrastructure. 5859. A letter from the Acting Chief, Publi- Commission’s final rule—Amendment of Sec- (d) of the Arms Export Control Act, certifi- cations and Regulations Branch, Internal tion 73.202(b), Table of Allotments, FM cation regarding the proposed license for the Revenue Service, transmitting the Service’s Broadcast Stations. (Wilmington, Mount export of defense articles and equipment to final rule—Classification of Certain Foreign Sterling, Zanesville and Baltimore, Ohio) the Government of Italy (Transmittal No. Entities [TD 9235] (RIN: 1545-BD77) received [MB Docket No. 04-161; RM-10961; RM-11111] DDTC 048-05); to the Committee on Inter- December 16, 2005, pursuant to 5 U.S.C. received December 15, 2005, pursuant to 5 national Relations. 801(a)(1)(A); to the Committee on Ways and 5851. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on En- Means. ergy and Commerce. FAA, Department of Transportation, trans- 5860. A letter from the Secretary, Depart- 5842. A letter from the Legal Advisor to the mitting the Department’s final rule—IFR Al- ment of the Interior, transmitting the De- Bureau Chief, Media Bureau, Federal Com- titudes; Miscellaneous Amendments [Docket partment’s report on the impacts of the munications Commission, transmitting the No. 30468; Amdt. No. 458] received December Compacts of Free Association with the Fed- Commission’s final rule—Amendment of Sec- 16, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to erated States of Micronesia, and the Repub- tion 73.202(b), Table of Allotments, FM the Committee on Transportation and Infra- lic of the Marshall Islands, pursuant to Pub- Broadcast Stations. (Milner, Ellaville, and structure. lic Law 108–188, section 104(h); jointly to the Plains, Georgia) [MB Docket No. 05-106; RM- 5852. A letter from the Program Analyst, Committees on Resources and International 11196] received December 15, 2005, pursuant to FAA, Department of Transportation, trans- Relations. 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Stand- Energy and Commerce. ard Instrument Approach Procedures; Mis- f 5843. A letter from the Legal Advisor to the cellaneous Amendments [Docket No. 30467; REPORTS OF COMMITTEES ON Bureau Chief, Media Bureau, Federal Com- Amdt. No. 3143] received December 16, 2005, PUBLIC BILLS AND RESOLUTIONS munications Commission, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Commission’s final rule—Amendment of Sec- mittee on Transportation and Infrastruc- Under clause 2 of rule XIII, reports of tion 73.202(b), Table of Allotments, FM ture. committees were delivered to the Clerk Broadcast Stations. (Bass River Township 5853. A letter from the Program Analyst, for printing and reference to the proper and Ocean City, New Jersey) [MB Docket No. FAA, Department of Transportation, trans- calendar, as follows: 05-188; RM-11240] received December 15, 2005, mitting the Department’s final rule—Stand- Mr. SESSIONS: Committee on Rules. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ard Instrument Approach Procedures, House Resolution 631. Resolution providing mittee on Energy and Commerce. Weather Takeoff Minimums; Miscellaneous for consideration of motions to suspend the 5844. A letter from the Legal Advisor to the Amendments [Docket No. 30466; Amdt. No. rules (Rept. 109–357). Referred to the House Bureau Chief, Media Bureau, Federal Com- 3142] received December 16, 2005, pursuant to Calendar. munications Commission, transmitting the 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. PUTNAM: Committee on Rules. House Commission’s final rule—Amendment of Sec- Transportation and Infrastructure. Resolution 632. Resolution waiving a require- tion 73.202(b), Table of Allotments, FM 5854. A letter from the Program Analyst, ment of clause 6(a) of rule XIII with respect Broadcast Stations. (Mt. Enterprise, Texas FAA, Department of Transportation, trans- to consideration of certain resolutions re- and Hodge, Louisiana) [MB Docket No. 05-34; mitting the Department’s final rule—Estab- ported from the Committee on Rules (Rept. RM-10761] received December 16, 2005, pursu- lishment of Class D Airspace; Eau Claire, WI 109–358). Referred to the House Calendar. ant to 5 U.S.C. 801(a)(1)(A); to the Committee [Docket No. FAA-2005-21256; Airspace Docket on Energy and Commerce. No. 05-AGL-04] received December 16, 2005, f 5845. A letter from the Legal Advisor to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTED BILL SEQUENTIALLY Bureau Chief, Media Bureau, Federal Com- mittee on Transportation and Infrastruc- REFERRED munications Commission, transmitting the ture. Commission’s final rule—Amendment of Sec- 5855. A letter from the Program Analyst, Under clause 2 of rule XII, bills and tion 73.202(b), Table of Allotments, FM FAA, Department of Transportation, trans- reports were delivered to the Clerk for Broadcast Stations. (Terrebonne, Oregon) mitting the Department’s final rule—Air- printing, and bills referred as follows:

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\L17DE7.000 H17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — HOUSE H12167

Mr. OXLEY: Committee on Financial Serv- of 2005 and to use the proceeds to double cer- PAYNE, Mr. GRIJALVA, Mr. ROTHMAN, ices. H.R. 3505. A bill to provide regulatory tain alternative energy incentives provided Mr. PALLONE, Mr. BUTTERFIELD, Mr. relief and improve productivity for insured for in such Act; to the Committee on Ways MCGOVERN, and Ms. BORDALLO): depository institutions, and for other pur- and Means. H.R. 4629. A bill to amend the David L. poses, with an amendment; referred to the By Mr. BOUSTANY (for himself and Boren National Security Education Act of Committee on Judiciary for a period ending Mr. ANDREWS): 1991 to create a critical foreign language pro- not later than December 31, 2005, for consid- H.R. 4624. A bill to amend title XIX of the gram; to the Committee on Education and eration of such provisions of the bill and the Social Security Act to require States to pro- the Workforce, and in addition to the Com- amendment as fall within the jurisdiction of vide oral health services to children and mittees on Intelligence (Permanent Select), that committee pursuant to clause 1(1), rule aged, blind, or disabled individuals under the and Armed Services, for a period to be subse- X (Rept. 109–356, Pt. 1). Ordered to be printed. Medicaid Program, and for other purposes; to quently determined by the Speaker, in each the Committee on Energy and Commerce. case for consideration of such provisions as f By Mr. CHOCOLA (for himself, Mr. fall within the jurisdiction of the committee TIME LIMITATION OF REFERRED KENNEDY of Minnesota, Mr. HERGER, concerned. BILL Mr. ENGLISH of Pennsylvania, Mr. By Mr. HOLT (for himself and Mr. WELLER, Mr. LEWIS of Kentucky, Mr. BOREN): Pursuant to clause 2 of rule XII the FOLEY, Mr. BRADY of Texas, Mr. RYAN H.R. 4630. A bill to amend the David L. following action was taken by the of Wisconsin, Mr. CANTOR, Mr. Boren National Security Education Act of Speaker: BEAUPREZ, Ms. HART, Mr. AKIN, Mr. 1991 to allow scholarship and fellowship re- H.R. 921. Referral to the Committee on BARRETT of South Carolina, Mr. cipients to work in a field of education if no Education and the Workforce extended for a BARTLETT of Maryland, Mr. BASS, position in the Federal Government relating period ending not later than December 31, Mrs. BLACKBURN, Mr. BOOZMAN, Mrs. to national security is available; to the Com- 2005. BONO, Mr. BRADLEY of New Hamp- mittee on Education and the Workforce, and H.R. 1631. Referral to the Committee on shire, Ms. GINNY BROWN-WAITE of in addition to the Committees on Intel- Ways and Means extended for a period ending Florida, Mr. BURGESS, Mr. BURTON of ligence (Permanent Select), and Armed Serv- not later than December 31, 2005. Indiana, Mr. BUYER, Mr. CALVERT, ices, for a period to be subsequently deter- H.R. 2829. Referral to the Committees on Mr. CAMPBELL of California, Mr. mined by the Speaker, in each case for con- the Judiciary, Energy and Commerce, Edu- CHABOT, Mr. COLE of Oklahoma, Mr. sideration of such provisions as fall within cation and the Workforce and the Permanent CONAWAY, Mrs. CUBIN, Mrs. JO ANN the jurisdiction of the committee concerned. Select Committee on Intelligence extended DAVIS of Virginia, Mr. DAVIS of Ten- By Mr. JINDAL (for himself, Mr. WICK- for a period ending not later than December nessee, Mr. LINCOLN DIAZ-BALART of ER, Mr. MCHENRY, Mr. GARRETT of 31, 2005. Florida, Mr. DOOLITTLE, Mr. EHLERS, New Jersey, Mr. KING of Iowa, Mr. H.R. 3699. Referral to the Committees on Mr. FEENEY, Mr. FITZPATRICK of GINGREY, Mrs. MYRICK, Mr. FEENEY, Resources and Energy and Commerce ex- Pennsylvania, Mr. FLAKE, Mr. Mr. MCCAUL of Texas, Mrs. tended for a period ending not later than De- FORTENBERRY, Ms. FOXX, Mr. FRANKS MUSGRAVE, Mr. ROHRABACHER, Mr. cember 31, 2005. of Arizona, Mr. GARRETT of New Jer- PENCE, Mr. HENSARLING, Mr. WELDON sey, Mr. GILLMOR, Mr. GINGREY, Mr. of Florida, Mr. WESTMORELAND, Mr. f GOHMERT, Mr. GRAVES, Mr. GREEN of COLE of Oklahoma, Mr. NEUGEBAUER, PUBLIC BILLS AND RESOLUTIONS Wisconsin, Mr. HALL, Mr. HAYES, Mr. Mr. KLINE, Mr. WILSON of South HEFLEY, Mr. HENSARLING, Mr. HOEK- Carolina, Mr. MARCHANT, and Mr. Under clause 2 of rule XII, public STRA, Mr. HOSTETTLER, Mr. HYDE, Mr. ADERHOLT): bills and resolutions were introduced ISTOOK, Mr. JONES of North Carolina, H.R. 4631. A bill to establish the Gulf De- and severally referred, as follows: Mr. KING of Iowa, Mr. KINGSTON, Mr. regulation Commission; to the Committee on KLINE, Mr. MCCOTTER, Mr. MCHUGH, Government Reform, and in addition to the By Mr. FOSSELLA (for himself and Mrs. MILLER of Michigan, Mr. MILLER Committees on Rules, and Transportation Mr. CASTLE): of Florida, Mrs. MUSGRAVE, Mrs. and Infrastructure, for a period to be subse- H.R. 4618. A bill to amend the Securities MYRICK, Mr. NEUGEBAUER, Mrs. quently determined by the Speaker, in each Exchange Act of 1934 to establish rules and NORTHUP, Mr. OSBORNE, Mr. OTTER, case for consideration of such provisions as procedures for the delegation of compliance Mr. PAUL, Mr. PENCE, Mr. PITTS, Mr. fall within the jurisdiction of the committee and inspections authority to the operating RADANOVICH, Mr. ROHRABACHER, Mr. concerned. divisions of the Securities and Exchange ROGERS of Alabama, Mr. RYUN of By Mr. LANGEVIN (for himself, Mr. Commission, and for other purposes; to the Kansas, Mr. SENSENBRENNER, Mr. THOMPSON of Mississippi, Mr. Committee on Financial Services. SESSIONS, Mr. SHIMKUS, Mr. SIMPSON, ETHERIDGE, and Ms. JACKSON-LEE of By Mr. FOSSELLA (for himself, Mr. Mr. SMITH of New Jersey, Mr. Texas): SWEENEY, Mr. MCHUGH, Mrs. SODREL, Mr. SOUDER, Mr. STEARNS, H.R. 4632. A bill to provide for a Chief Med- MALONEY, Mr. REYNOLDS, and Mr. Mr. TANCREDO, Mr. TERRY, Mr. ical Officer in the Office of the Secretary of KING of New York): TIBERI, Mr. TURNER, Mr. WALSH, Mr. Homeland Security, and for other purposes; H.R. 4619. A bill to amend the Terrorism WAMP, Mr. WELDON of Florida, Mr. to the Committee on Homeland Security, Risk Insurance Act of 2002 to establish a WESTMORELAND, Mr. WICKER, Mr. and in addition to the Committee on Energy Commission on Terrorism Risk Insurance, WILSON of South Carolina, and Mr. and Commerce, for a period to be subse- and for other purposes; to the Committee on YOUNG of Alaska): quently determined by the Speaker, in each Financial Services. H.R. 4625. A bill to amend the Internal Rev- case for consideration of such provisions as By Mrs. KELLY: enue Code of 1986 to improve health care fall within the jurisdiction of the committee H.R. 4620. A bill to amend the Internal Rev- choice by providing for the tax deductibility concerned. enue Code of 1986 to provide a double deduc- of medical expenses by individuals; to the By Ms. LEE: tion for a portion of an individual’s State Committee on Ways and Means. H.R. 4633. A bill to establish within the De- and local property taxes that are in excess of By Mr. FERGUSON: partment of Health and Human Services the the national average; to the Committee on H.R. 4626. A bill to rechannelize spectrum position of HIV/AIDS Emergency Response Ways and Means. in the 700 megahertz band to promote the de- Coordinator in order to coordinate the provi- By Mr. KENNEDY of Minnesota (for ployment of commercial broadband tech- sion of certain services to individuals with himself and Mr. CHANDLER): nologies to facilitate interoperable commu- HIV disease who have been displaced as a re- H.R. 4621. A bill to ensure that a sex of- nications for public safety; to the Committee sult of Hurricane Katrina or Rita, and for fender or a sexually violent predator is not on Energy and Commerce. other purposes; to the Committee on Energy eligible for parole; to the Committee on the By Mr. GIBBONS: and Commerce. Judiciary. H.R. 4627. A bill to validate certain convey- By Mr. MCHUGH (for himself and Mr. By Mr. KENNEDY of Minnesota (for ances made by the Union Pacific Railroad BOEHLERT): himself and Mr. HOLT): Company of lands located in Reno, Nevada, H.R. 4634. A bill to require that the Sec- H.R. 4622. A bill to amend the Internal Rev- that were originally conveyed by the United retary of the Interior hold at least one public enue Code of 1986 to extend the deduction for States to facilitate construction of trans- hearing in the surrounding community qualified tuition and related expenses and to continental railroads, and for other pur- where land requested to be taken into trust expand such deduction for certain science, poses; to the Committee on Resources. for an Indian tribe is located in order to as- technology, engineering, and math profes- By Mr. HOLDEN: certain the needs and interests of that sur- sionals who become certified teachers; to the H.R. 4628. A bill to amend the Higher Edu- rounding community; to the Committee on Committee on Ways and Means. cation Act of 1965 to impose a fee on holdings Resources. By Mr. KENNEDY of Minnesota (for of student loans; to the Committee on Edu- By Mr. LEWIS of California: himself and Mr. UDALL of Colorado): cation and the Workforce. H.J. Res. 75. A joint resolution making fur- H.R. 4623. A bill to repeal tax subsidies for By Mr. HOLT (for himself, Mr. OBER- ther continuing appropriations for the fiscal oil and gas enacted by the Energy Policy Act STAR, Mr. BAIRD, Mr. OWENS, Mr. year 2006, and for other purposes; to the

VerDate Aug 31 2005 04:01 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.057 H17DEPT1 H12168 CONGRESSIONAL RECORD — HOUSE December 17, 2005 Committee on Appropriations. considered 220. Also, a memorial of the Legislature of ly to the Committees on Energy and Com- and passed. the State of Louisiana, relative to House merce, Ways and Means, and Education and By Mr. DAVIS of Illinois: Concurrent Resolution No. 72 memorializing the Workforce. H. Con. Res. 325. Concurrent resolution the Congress of the United States to task the f congratulating Oprah Winfrey for her 20 Government Accountability Office with a years of exemplary work and service to the complete audit of expenditures by the Fed- ADDITIONAL SPONSORS people of the United States and the world; to eral Emergency Management Agency on Under clause 7 of rule XII, sponsors the Committee on Government Reform. Katrina and Rita recovery efforts in Lou- were added to public bills and resolu- By Mr. WELDON of Pennsylvania: isiana; to the Committee on Transportation H. Res. 633. A resolution honoring Helen and Infrastructure. tions as follows: Sewell on the occasion of her retirement 221. Also, a memorial of the Legislature of H.R. 615: Ms. FOXX and Mr. DAVIS of Ala- from the House of Representatives and ex- the State of Louisiana, relative to House bama. pressing the gratitude of the House for her Concurrent Resolution No. 53 memorializing H.R. 1259: Mrs. CAPPS, Ms. ROYBAL-ALLARD, many years of service; to the Committee on the Congress of the United States to take Mr. CARDOZA, Mr. SMITH of Washington, Mr. House Administration. such actions as are necessary to amend the LARSEN of Washington, Mr. BONNER, Mr. By Mr. CHABOT (for himself, Mr. BER- Robert T. Stafford Disaster Relief and BOYD, Mr. LINCOLN DIAZ-BALART of Florida, MAN, Mr. PENCE, and Mr. SCHIFF): Energency Assistance Act, or suspend provi- Mr. KENNEDY of Rhode Island, and Mr. BACH- H. Res. 634. A resolution expressing the sions thereof, with respect to the require- US. sense of the House of Representatives on ment that the state of Louisiana reimburse H.R. 1288: Mr. CAMPBELL of California. reaching an agreement on the future status the Federal Emergecy Management Agency H.R. 1548: Mr. PRICE of North Carolina, Mr. of Kosovo; to the Committee on Inter- for a portion of the other assistance pay- EVERETT, Mr. HASTINGS of Florida, Mr. national Relations. ments made to citizens of Louisiana due to ENGLISH of Pennsylvania, Ms. CARSON, Mr. WELDON of Pennsylvania, and Mr. JEFFER- f Hurricanes Katrina and Rite; to the Com- mittee on Transportation and Infrastruc- SON. MEMORIALS ture. H.R. 1562: Mr. BROWN of South Carolina. 222. Also, a memorial of the Legislature of H.R. 1807: Mr. MENENDEZ. Under clause 3 of rule XII, memorials H.R. 1981: Ms. SLAUGHTER, Mr. KENNEDY of were presented and referred as follows: the State of Louisiana, relative to House Concurrent Resolution No. 50 memorializing Rhode Island, Mr. ENGEL, and Mr. MEEHAN. H.R. 2121: Mr. TIBERI, Mr. NEAL of Massa- 214. The SPEAKER presented a memorial the Congress of the United States to take chusetts, and Mr. CUMMINGS. of the Legislature of the State of Louisiana, such actions as are necessary to forgive the H.R. 2322: Mr. POE and Mr. SESSIONS. relative to House Concurrent Resolution No. debt of Louisiana’s local governments result- H.R. 2410: Mr. MCGOVERN. 69 memorializing the Congress of the United ing from seven hundred fifty million dollars States to take such actions as are necessary H.R. 2421: Mr. SHAW. in loans made available to them as disaster H.R. 2521: Mr. LEWIS of Kentucky. to provide federal financial assistance to aid relief; to the Committee on Transportation H.R. 2961: Mr. ENGLISH of Pennsylvania and in rebuilding the investor-owed utility sys- and Infrastructure. Ms. ROS-LEHTINEN. tems that are indispensible to the recovery 223. Also, a memorial of the Legislature of H.R. 3098: Mr. CALVERT. efforts of the state of Louisiana and the city the State of Louisiana, relative to House H.R. 3195: Mr. SMITH of Washington. of New Orleans; to the Committee on Finan- Concurrent Resolution No. 49 memorializing H.R. 3524: Ms. BORDALLO and Mr. JEFFER- cial Services. the Congress of the United States to take SON. 215. Also, a memorial of the Legislature of such actions as are necessary to forgive the H.R. 3861: Ms. BERKLEY, Ms. KAPTUR, Mr. the State of Louisiana, relative to House 3.7 billion dollars that the Federal Emer- BOREN, Mr. CARNAHAN, Mr. KUCINICH, Mr. Concurrent Resolution No. 47 urging the gency Management Agency (FEMA) esti- WEINER, Ms. PELOSI, Mr. BARROW, Mr. WYNN, Congress of the United States to encourage mates that Louisiana owes FEMA for hurri- and Ms. ESHOO. the banking industry to assist senior citizens cane relief; to the Committee on Transpor- H.R. 3924: Mr. MOORE of Kansas. and disabled persons without identification tation and Infrastructure. H.R. 4036: Mr. SCHIFF, Mr. BUTTERFIELD, due to Hurricanes Katrina and Rita with ne- 224. Also, a memorial of the Legislature of Mr. MCNULTY, and Mr. EMANUEL. gotiating their Social Security Supple- the State of Louisiana, relative to House H.R. 4098: Ms. DELAURO. mental Security Income checks; to the Com- Concurrent Resolution No. 36 memorializing H.R. 4315: Mr. VAN HOLLEN and Mr. BART- mittee on Financial Services. the Congress of the United States to take LETT of Maryland. 216. Also, a memorial of the Legislature of such actions as are necessary to waive the H.R. 4331: Mr. MCDERMOTT and Mr. BAIRD. the State of Louisiana, relative to House nonfederal or local portion of any cost-shar- H.R. 4452: Mr. TIERNEY. Concurrent Resolution No. 43 memorializing ing agreement of funding of a levee recon- H.R. 4470: Mr. GRIJALVA, Mr. BROWN of the Congress of the United States to enact struction and improvement project; to the Ohio, Mr. PAYNE, Mr. OWENS, Mr. CONYERS, comprehensive natural disaster insurance Committee on Transportation and Infra- Mr. KUCINICH, Mr. WU, Mr. FARR, Mr. legislation affecting financial capacity that structure. WEXLER, Mr. BRADY of Pennsylvania, Mr. will address, encourage, and support insur- 225. Also, a memorial of the Legislature of LEWIS of Georgia, Mrs. DRAKE, Mr. ENGLISH ance company reserving for future catas- the State of Louisiana, relative to House of Pennsylvania, and Mr. PLATTS. trophes by making such reserves deductible Concurrent Resolution No. 34 memorializing H.R. 4510: Mr. BAIRD, Ms. BEAN, Mr. for federal income tax purposes; to the Com- the Congress of the United States and the BLUMENAUER, Mr. DAVIS of Florida, Mr. mittee on Financial Services. Louisiana Congressional delegation to direct DEFAZIO, Ms. DELAURO, Mr. DOYLE, Mr. 217. Also, a memorial of the Legislature of the United States Army Corps of Engineers ENGEL, Mr. ETHERIDGE, Mr. EVANS, Mr. GOR- the State of Louisiana, relative to House not to engage in dredging activities on the DON, Mr. KANJORSKI, Mr. KENNEDY of Rhode Concurrent Resolution No. 42 memorializing Mississippi River Gulf Outlet and to begin Island, Mr. LARSON of Connecticut, Mr. the Congress of the United States to take the necessary process to return the water- LEVIN, Mrs. LOWEY, Mr. MENENDEZ, Mr. NAD- such actions as are necessary to develop and way to wetlands marsh status; to the Com- LER, Mr. THOMPSON of California, Mr. NEAL provide innovative solutions for financing mittee on Transportation and Infrastruc- of Massachusetts, Mr. OWENS, Mr. CASTLE, housing in parishes in Louisiana devastated ture. Mr. HOBSON, and Mr. CRENSHAW. by Hurricanes Katrina and Rita; to the Com- 226. Also, a memorial of the House of Rep- H.R. 4570: Mr. WAXMAN and Mr. HOYER. mittee on Financial Services. resentatives of the State of Louisiana, rel- H.R. 4575: Mr. CASTLE, Mrs. JOHNSON of 218. Also, a memorial of the Legislature of ative to House Resolution No. 18 memori- Connecticut, Mr. LEACH, and Mr. SIMMONS. the State of Louisiana, relative to House alizing the Congress of the United States to H.R. 4608: Mr. RAMSTAD and Ms. HART. Concurrent Resolution No. 41 memorializing enjoin the United States Army Corps of En- H.J. Res. 71: Mr. TERRY, Mr. ISTOOK, and the Congress of the United States to take gineers from engaging any contractor in the Mr. RAMSTAD. H. Con. Res. 138: Mr. CROWLEY. such actions as are necessary to enjoin the reconstruction of the levees in the New Orle- H. Con. Res. 309: Mr. GRIJALVA. Federal Emergency Management Agency ans area if investigations of levee failures H. Con. Res. 321: Ms. WOOLSEY. from mandating that structures rebuilt in during Hurricane Katrina and Rita indicate H. Res. 521: Ms. LEE and Mr. SHERMAN. the New Orleans area after Hurricane that such contractor performed substandard H. Res. 561: Mr. AL GREEN of Texas. Katrina be elevated; to the Committee on Fi- design or construction work on a portion of H. Res. 604: Mr. TOWNS and Mr. KING of New nancial Services. a levee that failed; to the Committee on York. 219. Also, a memorial of the Legislature of Transportation and Infrastructure. H. Res. 605: Mr. NADLER. the State of Louisiana, relative to House 227. Also, a memorial of the Legislature of Concurrent Resolution No. 28 memorializing the State of Louisiana, relative to House f the Congress of the United States to take Concurrent Resolution No. 44 memorializing DELETIONS OF SPONSORS FROM such actions as are necessary to allow the the Congress of the United States to enact a PUBLIC BILLS AND RESOLUTIONS Stafford Act to provide for payment of reg- health insurance premium reimbursement ular pay to essential personnel; to the Com- program and a federal income tax credit for Under clause 7 of rule XII, sponsors mittee on Transportation and Infrastruc- the health insurance premiums for affected were deleted from public bills and reso- ture. victims of Hurricane Katrina and Rita; joint- lutions as follows:

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H.R. 4011: Mr. CUELLAR. man, Barney Frank, Frank Pallone, Jr., Petition 2 by Mr. MARSHALL on House f Thomas H. Allen, Dale E. Kildee, Earl Resolution 270: Juanita Millender-McDonald. Blumenauer, James R. Langevin, Charles A. Petition 3 by Mr. EDWARDS on House Res- DISCHARGE PETITIONS Gonzalez, Russ Carnahan, Marion Berry, olution 271: Bart Gordon, Dennis A. Cardoza, Under clause 2 of rule XV, the fol- Timothy H. Bishop, Jim Costa, Janice D. Robert Wexler, Hilda L. Solis, Carolyn C. lowing discharge petitions were filed: Schakowsky, Marcy Kaptur, Benjamin L. Kilpatrick, Howard L. Berman, Leonard L. Cardin, Sanford D. Bishop, Jr., James P. Boswell, Rahm Emanuel, Lincoln Davis, Petition 7, December 14, 2005, by Ms. Moran, Allyson Y. Schwartz, Bob Filner, Steve Israel, John D. Dingell, Adam Smith, HERSETH on House Resolution 568, was Mike Ross, Joe Baca, Gary L. Ackerman, and Allen Boyd. signed by the following Members: Stephanie Corrine Brown, Peter A. DeFazio, Jim Herseth, Hilda L. Solis, Michael R. McNulty, Petition 4 by Ms. SLAUGHTER on House McDermott, Cynthia McKinney, Linda T. Resolution 460: Bart Gordon, Michael H. Ben Chandler, G.K. Butterfield, Kendrick B. ´ Sanchez, Shelley Berkley, Vic Snyder, Doris Michaud, Bob Filner, Sherrod Brown, Maxine Meek, Peter A. DeFazio, Brian Higgins, O. Matsui, Dennis A. Cardoza, Barbara Lee, Diane E. Watson, Julia Carson, Jerrold Nad- Waters, Lucille Roybal-Allard, Wm. Lacy Ruben Hinojosa, Stephanie Herseth, Robert Clay, Benjamin L. Cardin, Robert Menendez, ler, Juanita Millender-McDonald, Carolyn C. C. Scott, Donald M. Payne, Mike Thompson, Kilpatrick, Danny K. Davis, Mike Ross, Bennie G. Thompson, Chris Van Hollen, Russ Ellen O. Tauscher, Darlene Hooley, Rahm Carnahan, Jim Cooper, Joe Baca, Bernard Carolyn McCarthy, Bart Stupak, Sander M. Emanuel, Lloyd Doggett, Tom Udall, Brad Levin, Robert E. Andrews, Timothy H. Sanders, Stephanie Tubbs Jones, Dennis A. Miller, Danny K. Davis, Elijah E. Cummings, Cardoza, Darlene Hooley, Allyson Y. Bishop, Robert Wexler, Shelley Berkley, Susan A. Davis, Sheila Jackson-Lee, and Grace F. Napolitano, Rau´ l M. Grijalva, Schwartz, Adam B. Schiff, Betty McCollum, Henry Cuellar. Ben Chandler, G.K. Butterfield, Peter A. James R. Langevin, John B. Larson, James Petition 10, December 16, 2005, by Ms. DeFazio, Jim Costa, Julia Carson, Jerrold P. McGovern, Lincoln Davis, Sherrod Brown, HERSETH on House Resolution 585, was Nadler, Juanita Millender-McDonald, Caro- Xavier Becerra, Steve Israel, Lane Evans, signed by the following Members: Stephanie lyn C. Kilpatrick, Bart Stupak, Linda T. Michael H. Michaud, Fortney Pete Stark, Herseth, John D. Dingell, Sam Farr, Gwen Sa´ nchez, Anna G. Eshoo, Robert E. Andrews, Dan Boren, Daniel Lipinski, Jane Harman, Moore, Brian Higgins, John Barrow, Dan Mike McIntyre, Xavier Becerra, Steve Israel, Silvestre Reyes, Carolyn B. Maloney, Al Boren, Eddie Bernice Johnson, Tammy Bald- John D. Dingell, Dan Boren, Gary L. Acker- Green, Sanford D. Bishop, Jr., Bob Filner, win, Jane Harman, Daniel Lipinski, Solomon man, and Robert C. Scott. Gary L. Ackerman, Mark Udall, Susan A. P. Ortiz, Nydia M. Vela´ zquez, Silvestre Davis, Sheila Jackson-Lee, and Henry Reyes, Julia Carson, Jesse L. Jackson, Jr., Petition 5 by Mr. WAXMAN on House Res- Cuellar. Michael R. McNulty, Nancy Pelosi, Hilda L. olution 537: Bart Gordon, Michael H. Petition 8, December 14, 2005, by Mr. WAX- Solis, Bart Stupak, Charlie Melancon, Rush Michaud, Bob Filner, Sherrod Brown, Maxine MAN on House Resolution 570, was signed by D. Holt, James P. McGovern, Carolyn B. Waters, Lucille Roybal-Allard, Wm. Lacy the following Members: Henry A. Waxman, Maloney, Alcee L. Hastings, David E. Price, Clay, Michael M. Honda, Benjamin L. Cardin, Hilda L. Solis, Michael R. McNulty, Ben Steven R. Rothman, Barney Frank, Frank Robert Menendez, Bennie G. Thompson, Chandler, G.K. Butterfield, Brian Higgins, Pallone, Jr., Thomas H. Allen, Dale E. Kil- Chris Van Hollen, Russ Carnahan, Jim Coo- Peter A. DeFazio, Diane E. Watson, Julia dee, Earl Blumenauer, James R. Langevin, per, Joe Baca, Bernard Sanders, Stephanie Carson, Jerrold Nadler, Juanita Millender- Charles A. Gonzalez, Russ Carnahan, Marion Tubbs Jones, Dennis A. Cardoza, Darlene McDonald, Carolyn C. Kilpatrick, Danny K. Berry, Lois Capps, Timothy H. Bishop, Jim Hooley, Allyson Y. Schwartz, Adam B. Davis, Mike Ross, Carolyn McCarthy, Sander Costa, Janice D. Schakowsky, Marcy Kaptur, Schiff, Betty McCollum, Ben Chandler, G.K. M. Levin, Robert E. Andrews, Timothy H. Sanford D. Bishop, Jr., James P. Moran, Bill Butterfield, Peter A. DeFazio, Julia Carson, Bishop, Robert Wexler, Shelley Berkley, Pascrell, Jr., Allyson Y. Schwartz, Bob Fil- Jim Costa, Jerrold Nadler, Juanita Bennie G. Thompson, Grace F. Napolitano, ner, Mike Ross, Joe Baca, Gary L. Acker- Millender-McDonald, Carolyn C. Kilpatrick, Raul M. Grijalva, James R. Langevin, John man, Corrine Brown, Peter A. DeFazio, Jim Howard L. Berman, Linda T. Sanchez, Anna B. Larson, James P. McGovern, Sherrod McDermott, Cynthia McKinney, Linda T. G. Eshoo, Mike McIntyre, Rahm Emanuel, Brown, Xavier Becerra, Steve Israel, Lane Sa´ nchez, Shelley Berkley, Vic Snyder, Doris Xavier Becerra, Steve Israel, John D. Din- Evans, Fortney Pete Stark, Silvestre Reyes, O. Matsui, Eliot L. Engel, Dennis A. Cardoza, gell, Dan Boren, Gary L. Ackerman, and Carolyn B. Maloney, Al Green, Sanford D. Barbara Lee, Ruben Hinojosa, Robert C. Robert C. Scott. Bishop, Jr., Bob Filner, Joe Baca, Gary L. Scott, Mark Udall, Donald M. Payne, Mike Petition 6 by Mr. ABERCROMBIE on Ackerman, Susan A. Davis, and Sheila Jack- Thompson, Ellen O. Tauscher, Darlene House Resolution 543: Bart Gordon, Bernard son-Lee. Hooley, Rahm Emanuel, Lloyd Doggett, Tom Sanders, Stephanie Tubbs Jones, G.K. Petition 9, December 15, 2005, by Mr. BOS- Udall, Brad Miller, Danny K. Davis, Elijah E. Butterfield, Peter A. DeFazio, Jay Inslee, WELL on House Resolution 584, was signed Cummings, Susan A. Davis, Sheila Jackson- Julia Carson, Jerrold Nadler, Juanita by the following Members: Leonard L. Bos- Lee, and Melissa L. Bean. Millender-McDonald, Carolyn C. Kilpatrick, well, Lois Capps, John D. Dingell, Sam Farr, Anna G. Eshoo, John B. Larson, Maxine Wa- f Gwen Moore, Brian Higgins, John Barrow, ters, John D. Dingell, and Robert C. Scott. Dan Boren, Eddie Bernice Johnson, Tammy DISCHARGE PETITIONS— Q02 Baldwin, Jane Harman, Daniel Lipinski, Sol- ADDITIONS OR DELETIONS The following Member’s names were omon P. Ortiz, Nydia M. Vela´ zquez, Silvestre withdrawn from the following dis- Reyes, Julia Carson, Jesse L. Jackson, Jr., The folloing Members added their Michael R. McNulty, Nancy Pelosi, Hilda L. names to the following discharge peti- charge petition: Solis, Bart Stupak, Charlie Melancon, James tions: Petition 6 by Mr. ABERCROMBIE on P. McGovern, Carolyn B. Maloney, Alcee L. Petition 1 by Ms. HOOLEY on House Reso- House Resolution 543: Patrick J. Kennedy Hastings, David E. Price, Steven R. Roth- lution 267: Juanita Millender-McDonald. and Leonard L. Boswell.

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Vol. 151 WASHINGTON, SATURDAY, DECEMBER 17, 2005 No. 163 Senate The Senate met at 4 p.m. and was rifice, and keep us from returning to RESERVATION OF LEADER TIME called to order by the President pro dead-end paths. The PRESIDENT pro tempore. Under tempore (Mr. STEVENS). Bless our lawmakers today. the previous order the leadership time Strengthen them in their challenging is reserved. PRAYER work of striving to find common The Chaplain, Dr. Barry C. Black, of- ground. Shield them from strife and di- f fered the following prayer: vision as they seek unity for the good Let us pray. of our Nation and world. Empower MORNING BUSINESS Eternal Spirit, thank You for Your them to trust You without wavering. The PRESIDENT pro tempore. Under steadfast love and Your unchanging We pray this in Your holy Name. the previous order, there will be a pe- mercy. Your wondrous deeds sustain us Amen. riod for the transaction of morning and Your compassion keeps us secure. f business with Senators permitted to Help us not to have inflated notions of speak therein for up to 10 minutes. our importance but seek instead to live PLEDGE OF ALLEGIANCE so that we are worthy of honor, even if The President pro tempore led the f it never comes. Remind us that true Pledge of Allegiance, as follows: greatness comes through service, and RECOGNITION OF THE MAJORITY I pledge allegiance to the Flag of the LEADER may we esteem others as better than United States of America, and to the Repub- ourselves. Give us wisdom to follow lic for which it stands, one nation under God, The PRESIDENT pro tempore. The Your example of generous self sac- indivisible, with liberty and justice for all. majority leader is recognized.

NOTICE If the 109th Congress, 1st Session, adjourns sine die on or before December 20, 2005, a final issue of the Congres- sional Record for the 109th Congress, 1st Session, will be published on Friday, December 30, 2005, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 29. The final issue will be dated Friday, December 30, 2005, and will be delivered on Tuesday, January 3, 2006. Both offices will be closed Monday, December 26, 2005. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

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

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VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13948 CONGRESSIONAL RECORD — SENATE December 17, 2005 DEFENSE AUTHORIZATION AVIAN FLU SCHEDULE Mr. FRIST. Mr. President, I want to Mr. FRIST. Mr. President, today I do Mr. REID. Through the Chair to the make a very brief statement on an not anticipate a lengthy session, but distinguished majority leader, there is issue that I believe requires action be- we are here for important work. We some confusion over here because at fore we leave. It is something we have need to pass a short-term continuing one time last night, on the conference addressed on the floor of the Senate, resolution, and we are waiting for the report on defense authorization—it was actually in several different capacities, House to send us a joint resolution. We signed by everybody. Does the leader but I want to restate the importance of expect to clear a package of nomina- have the latest word on that? Senator that. It has to do with a potential pan- tions this afternoon, and we will do WARNER and Senator LEVIN, because demic of an avian or bird influenza— that block of executive nominations by they were trying to stick other stuff in the so-called bird flu. In the 20th cen- voice vote. We will also continue to the bill, were going to withdraw their tury, we have had three influenza process some of the other legislative signatures. Do we know if that hap- pandemics. Remember, about 30,000 items that have been cleared and are pened? people in this country die every year ready to move. Mr. FRIST. Mr. President, through Final discussions continue on the re- the Chair, I know it has not passed the from the seasonal flu. But super- maining must-do items, and I am hope- House yet. I will have to check and see imposed on this seasonal flu, on three ful that we will be soon able to take ac- what the current status is on the De- occasions in the last 100 years, there tion on these items over the next cou- partment of Defense authorization. I have been these pandemics. What our ple of days. Members will be asking will have to check and see what the public health officials and what our about the schedule, and I will make current status of that is. It was my un- scientists say is, for sure, we are going further announcements shortly on to- derstanding that would be ready at to have another pandemic. The time is morrow’s lineup. I want to confer with some point—or as of late last night in the near future, and a pandemic is the chairmen and principals involved they would be ready sometime today. going to occur, but we don’t know ex- in the negotiation and then say more The House has not yet acted on that. actly when. The worst of the three at the close of business today. Again, Mr. REID. We hope to have the De- pandemics in the last 100 years was in we will wrap up our work today in as fense appropriations bill tonight or to- 1918, the so-called Spanish flu—al- quick a time as possible, and Members morrow? When is that expected? though it was called the Spanish flu, it probably started actually in Kansas— should stay tuned as everything is fi- Mr. FRIST. Defense appropriations but that flu went through our popu- nalized. will likely be tomorrow. There are sev- lation in a period of weeks and killed There is a lot of work going on in the eral items that remain to be wrapped about half a million people; worldwide Capitol today—until late last night and up. Most of the meetings over the it killed somewhere around 40 million until the early hours of the morning. course of last night and today have people. Just last night and over the last sev- been with the objective of having that The Secretary of Health and Human eral days we passed very important wrapped up as soon as possible, but pieces of legislation. If we look back on Services, Secretary Leavitt, warns if that will much more likely be tomor- past is prologue, the world is overdue Friday, last night, we passed cord row. It will not be tonight. blood legislation, which opens up crit- for another flu pandemic. I agree with Mr. REID. Does the leader have some that assessment. The pandemic will ical new research opportunities and indication as to what the schedule will clearinghouses for safe, ethically sound occur. We do not know exactly when. be Monday? The leader has indicated But we know we are drastically under- transplantation. That is going to save that there will be no votes today or to- lives. prepared; not unprepared but underpre- morrow. Are we going to have votes pared. If we act with action now, we We passed the Gulf Opportunity Zone Monday? Act of 2005, which will provide a second will be prepared. Preparation means Mr. FRIST. We know we are not much less destruction or potential de- major round of critical tax relief to our going to have rollcall votes today. We brothers and sisters in the gulf coast struction by such a pandemic. will be in a very short period of time The avian flu over the last couple of region. today. I would think tomorrow, de- We extended the Terrorism Risk In- years has spread from East Asia, to Ro- pending on how things go over the next surance Act, which takes another step mania, to Turkey. It looks and acts couple of hours, we would come in fair- toward reducing taxpayers’ risk and more similar to the virus of 1918 than ly late waiting on action from the minimizing the Government’s inter- either of the other two pandemics, the House of Representatives. Once we ference with the private market. one in 1957 and the one in 1968. If it have a better feel when they are going We passed an important new provi- achieves the final step in what becomes to act tonight or in the morning, we sion in the Violence Against Women a pandemic, that is, human-to-human will set a time to open tomorrow. Act, which will protect rape survivors transmission—the first couple of steps who have already been victimized once We have not said no rollcall votes to- are that it is a novel virus, a new virus, by sexual assault. morrow, but we will be able to say that and that it spreads to other species, We passed the Bahrain Free Trade for sure in just a bit, in all likelihood. multiple species, and the third big step Agreement this past week, which en- Then I expect we will need to come in is transmission, human-to-human hances our bilateral relationship with early Monday and vote early Monday transmission. In that case, the con- a strategic friend and ally. because at that point in time we should sequences could be catastrophic both in I mention all of these because a lot of have legislation coming from the loss of human life as well as in eco- them we do actually in what we call House. So Monday is going to be a very nomic meltdown in many ways. wrap-up or by unanimous consent but full day. For right now—we can talk Recently, in the last several weeks, all are major pieces of legislation. We shortly if something else indicates oth- the Congressional Budget Office re- now have, over the next several days— erwise—we would plan on voting Mon- leased a study which I had requested and I hope it is as few as possible—very day morning. specifically on the economic impact of important legislation on Defense, both Mr. REID. I told my Senators on call a serious and a mild pandemic of avian appropriations and authorization, as that they should be ready to go Mon- flu. Their report demonstrated—much well as the deficit reconciliation pack- day morning, by 10 or so. Is that a fair higher than I expected—a 5-percent de- age and nominations that I mentioned. statement? cline in our gross domestic product So we have a lot of work to do over the Mr. FRIST. I think that is a perfect over the course of a year. That is about next several days. goal and that we mutually share that, a $675 billion hit if we were to have a f that we could start voting as early as severe pandemic of this avian flu. The Monday morning. Since we will be in clock is ticking. If a pandemic occurs RECOGNITION OF THE tomorrow, if we can update that be- and we are underprepared, if it were to DEMOCRATIC LEADER cause most of our—many of our Sen- occur today and it were severe, the The PRESIDENT pro tempore. The ators are out around the country, we Congressional Budget Office predicts, Democratic leader is recognized. will do just that. with their best economists and access

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13949 to public health officials, that is what 2005, 16 different provisions in the USA This country was founded upon a be- would occur. PATRIOT Act will expire. lief in individual freedom and the pro- We need to put the wheels in motion, Two days ago we had a vote to deter- tection of individuals against the over- so when and if that avian flu hits, we mine whether a minority in the Senate whelming power of the Government. are prepared. If we are prepared, we di- would allow a bipartisan majority the And we have, for more than 200 years, minish the economic impact dramati- chance to have an up-or-down vote on written into our laws—not to mention cally. If we do not act and that avian the reauthorization of the PATRIOT the Constitution—various protections flu pandemic comes to our shores, we Act. As everyone knows, that vote to make sure our civil liberties and our in this Senate will be rightly blamed failed. Fifty-two senators voted to individual freedoms are protected. for failing to do our best to protect the close off debate. There being a require- But the No. 1 responsibility of the American people, given what our sci- ment of 60 votes to cut off debate, that Federal Government is to keep us safe. entists and public health officials say threshold was not met so we did not re- There is no other responsibility that today. That finger will be pointing authorize the PATRIOT Act. comes anywhere close to that impera- straight at the Congress if we do not So here we are with the clock tick- tive. That is why I believe the PA- act. The good news is we will act. We ing, with America’s security at risk. TRIOT Act must be reauthorized, and plan to act in the bills that have come We find ourselves in the incredible po- if we fail to act before these provisions before the Senate in the next couple of sition of seeing certain ordinary law expire on December 31, 2005, we will not days. We need a six-prong approach. We enforcement tools that are used every- have met our responsibilities. Indeed, need to address communications, we day in State and Federal courts all we will have contributed to making across this country will, in about 2 need to address surveillance, we need this country much more dangerous weeks, no longer be available in the to address the appropriate research, we than it would otherwise be. case of international terrorists or spies need to address the whole issue of Now, as we recall, after the terrible or cases involving the Foreign Intel- antiviral agents, the Tamiflu, we need events of September 11, Congress, for 6 ligence Surveillance Act. weeks, debated the original passage of to address vaccines. Right now we do Perhaps the one provision of the PA- the PATRIOT Act and, in a vote of 98 not have any vaccines specific to a TRIOT Act that will expire that causes to 1, passed the PATRIOT Act. It pro- virus that would be transmitted human most concern is the so called wall. vided that these 16 provisions would ex- to human. That has to be created after That, of course, is the term used to de- pire at the end of this year. The vote to we identify the virus. And the sixth scribe what previously—before October enact this legislation was 98 to 1 in the component is what we call surge capac- of 2001—was a wall that separated the Senate, after 6 weeks of debate. In the ity, the stockpiling of antiviral agents sharing of information between our law House, the vote was 365 to 66, again not and vaccines. enforcement personnel and our intel- quite as overwhelming as in the Sen- It may sound like a lot of moving ligence authorities. It is clear, as the 9/ parts, but between our researchers and 11 Commission demonstrated, that this ate, but it was a lopsided vote in favor public health officials, our entre- wall made us less safe. It was not re- of passing the PATRIOT Act. And it preneurs, our private sector, we do quired by the Constitution. It was not was signed into law on October 26, 2001. Now, I have been surprised at how have the intellect, the ingenuity, and required by any provisions passed by much misunderstanding there is sur- the knowledge to get the job done. this Senate and signed by the Presi- rounding the PATRIOT Act, how much Our job as elected officials, my job as dent. It was simply a choice made by outright mythology and disinformation an elected official and my job as a phy- the Department of Justice to prevent sician is to see this thing through to the sharing of information. there has been by those who are not make sure we are adequately prepared, We learned from the bombing of the just concerned about civil liberties, but and we can look our constituents in World Trade Center in 1993 and its in- those who are actually engaging in al- the eyes and say we have done every- vestigation, as well as from by the ter- most paranoid delusions about what it thing possible to see that we are pre- rible events of September 11, the 9/11 is that the PATRIOT Act provides in pared for such a pandemic. Our econ- Commission concluded this wall, which terms of the authorities to combat and omy, our country, and our lives may was not constitutionally required, pre- to break up terrorist activities. depend on whether we take action. vented the sharing of information be- The fact is, anyone who has been in- The President has laid out a com- tween law enforcement and intel- volved with or even remotely ac- prehensive plan. It is our job to set ligence authorities and this prohibition quainted with our criminal justice sys- aside the appropriate resources but contributed to the terrible events on tem knows and will recognize that the also to give the appropriate incentives September 11. provisions of the PATRIOT Act merely to tackle this looming threat. It was imperative the Congress act as extended to national security cases I refer to our colleagues to put aside quickly and as carefully as possible to many of the tools that are used every partisan differences, to hold together, remove any impediments that were not day in courts all across the Nation and to protect the American people. The flu otherwise mandated by the Constitu- throughout the States. So this breath- virus does not know who is a Repub- tion from investigating and preventing lessness, this sense of the existence of lican and does not know who is a Dem- future terrorist attacks against this conspiracy theories, about the Federal ocrat. The people who suffer will know country. Government deciding to suspend the who did not get the job done. Those who have opposed this up-or- civil liberties of the American people We do not need to panic. What we do down vote in the Senate with regard to in pursuit of terrorists, is pure fantasy. need is to prepare ourselves. Prepara- the reauthorization of the PATRIOT I want to talk about the provisions tion means action, action in the Con- Act are asking us to make a false that are being discussed so I think at gress. The American people are count- choice. In other words, they are saying least those who are listening can un- ing on it. That is exactly what we will if the PATRIOT Act is reauthorized, derstand there has been careful do over the next several days. somehow Americans’ civil liberties will thought and careful negotiations be- I yield the floor. be in jeopardy. They are asking us—or tween the House and the Senate and The PRESIDING OFFICER (Mr. telling us—that we have to choose be- there has been an awful lot of effort COBURN). The Senator from Texas. tween our national security and our put into trying to strike the right bal- Mr. CORNYN. I ask unanimous con- civil liberties. That, to repeat, is a ance. sent to speak for up to 20 minutes as in false choice. But what the critics are asking us to morning business. The fact is, we can have a balanced do is engage in a willing suspension of The PRESIDING OFFICER. Without reauthorization of the PATRIOT Act disbelief. It is almost unthinkable to objection, it is so ordered. that will protect America from future me that here we are, some 4 years after f terrorist attacks. We can continue to the terrible events of September 11th, disrupt the terrorist cells both here at debating these common sense tools al- USA PATRIOT ACT home and abroad that endanger us and most as if some have forgotten the les- Mr. CORNYN. Mr. President, unless protect our civil liberties at the same sons we learned and lessons we should the Congress acts, on December 31, time. remember for the rest of our lives.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13950 CONGRESSIONAL RECORD — SENATE December 17, 2005 I was not here in Washington on Sep- hold that opinion. But I do not respect were the nightclub bombings in Bali, tember 11. I was merely a candidate for the minority when they block a bipar- Indonesia, that killed 202 people, most- the Senate and the attorney general of tisan majority from having the chance ly Australian citizens, in October of my State in Texas at the time. I was in to vote on tools that, if not extended, 2002. Austin, Texas when those planes hit will leave this country vulnerable to Then there was a suicide attack in the World Trade Center. We all recoiled attack. Mombasa, Kenya, killing 16 in Novem- in shock and in horror at those terrible Again, I am confident that if we had ber of 2002. In May of 2003, suicide events. But I remember, since I have a vote a bipartisan majority of the bombers killed 34, including 8 Ameri- been here in Washington, the number Senate would see fit to reauthorize the cans at housing compounds for west- of occasions where we have had warn- PATRIOT Act and continue these im- erners in Riyadh, Saudi Arabia. In May ings of intrusions into the airspace portant protections for the American 2003, 4 bombs killed 33 people, targeting around this Capitol, where people here people. But we find ourselves with the Jewish, Spanish, and Belgian sites in were running out of the Capitol, some clock ticking, time running out, and Casablanca, Morocco. In August 2003, in tears, out of fear that we were going America potentially endangered, if on suicide car bombers killed 12 people to have another attack here at the December 31, 2005 these important pro- and injured 150 more at the Marriott Capitol. visions expire because we in the Senate Hotel in Jakarta, Indonesia. In Novem- As we know, but for the brave acts of did not act. A direct consequence of ber 2003, explosions rocked a Riyadh, some passengers on an airplane who this action, or inaction, will endanger Saudi Arabia, housing compound kill- caused that plane to crash in Pennsyl- our country. ing 17. In November 2003, suicide car vania, it could have been that plane I would ask my colleagues: What has bombers simultaneously attacked two was meant for the White House or the changed since that 98-to-1 vote in the synagogues in Istanbul, killing 25 and U.S. Capitol, which would have re- Senate when, in October 2001, after 6 injuring hundreds more. In November sulted in tremendous additional loss of weeks of debate, the PATRIOT Act was 2003, truck bombs detonated at a Lon- human life. passed? Are there reports of rampant don bank and British consulate in So it is amazing to me—and I guess abuses of the PATRIOT Act? No. Are Istanbul, Turkey, killed 26. In March in some ways it is a sign of the times— there examples where Members can 2004, 10 bombs on 4 trains exploded al- that our memories are so short and come to the floor and explain to us, most simultaneously during the morn- that we need to be reminded about the that this is too much power for the ing rush hour in Madrid, Spain, killing seriousness of the threat that still re- Government to have, or that somehow 202 and injuring more than 1,400 people. mains. We need not let our guard down, we have an imbalance in the power In May 2004, terrorists attacked a instead we need to continue to do ev- given to the Government, and that we Saudi oil company office in Khobar, erything that is humanly possible to need to strike a right and better bal- Saudi Arabia, killing 22. protect the American people against ance? In June 2004, terrorists kidnaped and future terrorist attacks. The fact is, Mr. President, all of the executed American Paul Johnson, Jr., I know there are some who scoff at it skeptics have is speculation, con- in Riyadh, Saudi Arabia. Then in Sep- and ridicule the threat, but I would ask spiracy theories, and outright fantasy tember 2004, car bombs outside the them to go back and to read the news- when it comes to the potential of abuse Australian Embassy in Jakarta, Indo- paper accounts, to see the video re- under any of these provisions of the nesia, killed 9. In December 2004, ter- plays of the terrible events of Sep- PATRIOT Act. I am convinced that the rorists entered the U.S. consulate in tember 11, and then to reconsider. chairman of the Judiciary Committee Jeddah, Saudi Arabia, killing 9. In July Those who fear that Government has in the Senate, Senator SPECTER, and 2005, bombs exploded on 3 trains and a turned into ‘‘big brother’’ and is simply the conferees in the House and Senate bus in London, England, killing 52. In invading our bedrooms and our librar- have done their very best given the na- October 2005, 22 were killed by 3 suicide ies and our personal lives in ways that ture of negotiations and compromise to bombs, again in Bali, Indonesia. Then would shock all of us are engaging in, strike the best balance between civil most recently in November 2005, 57 I think, a fantasy. liberties and the protection of the were killed at 3 American hotels in When you look at the facts—and I American people. It would be a failure Amman, Jordan, including at a wed- would suggest facts are stubborn of responsibility and duty for us not to ding party. things—we ought to look at the facts reauthorize the PATRIOT Act. Mr. President, I go through this list and the provisions that are being de- But I ask again, what has changed not to just bore my listeners but rather bated and then ask ourselves: Aren’t since September 11, 2001? What has to recount in horrific detail the threat these the kinds of tools we would want changed since October of 2001 to now that still exists to America and Amer- our law enforcement personnel to have lead some of our colleagues to say that ican citizens and people all around the to keep us safe? these provisions are unimportant, are world by international terrorists. I think the American people—when not useful, or are no longer needed? These are examples of what could hap- they understand, as they will before Has the threat of international ter- pen on our own soil again if we let our this debate has concluded, what is at rorism receded? Has it gone away? guard down as we did before September stake here—would want us to act re- I looked on the Internet before I 11. sponsibly to extend and continue to came here for a listing, because I want- Just to remind my colleagues what provide these ordinary sorts of law en- ed to make sure I had all of them, of we have been able to do because we forcement tools to national security suspected al-Qaida terrorist attacks have been on our guard, because we cases. across the globe since September of have the PATRIOT Act, because we There is no doubt in my mind that a 2001. have equipped our law enforcement and bipartisan majority of the Senate In December 2001, a man tried to det- intelligence personnel with the tools would pass this reauthorization of the onate a shoe bomb on a flight from necessary to identify and investigate PATRIOT Act if allowed to do so. But, Paris to Miami. I believe his name is and disrupt terrorist activities, be- indeed, what we are seeing is a fili- Richard Reid. There was an explosion cause we have been on the offensive in buster by a willful minority that is in April of 2002 at an historic syna- Afghanistan and Iraq disrupting the blocking a bipartisan majority from gogue in Tunisia that left 21 dead, in- ability of terrorists to train, recruit, even having the right to cast that vote. cluding 14 German tourists. In May of and then export their terrorist activi- I recognize there are some people who 2002, a car exploded outside a hotel in ties, because we have done all of those have sincere beliefs that reauthoriza- Karachi, Pakistan, killing 14, including things, America has not sustained an- tion of the PATRIOT Act is not the 11 French citizens. In June 2002, a bomb other terrorist attack on our own soil right thing to do. While I strenuously exploded outside the American con- since September 11, 2001. But it is far disagree with them—and I would wel- sulate in Karachi, Pakistan, killing 12 from certain that it will not happen come a chance to debate with them people. In October 2002, a boat crashed again. here on the Senate floor the wisdom of into an oil tanker off the Yemen coast Some have said it is a matter of that decision—I respect their right to killing a single individual. Then there when, not if, America will be hit again.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13951 But, thank goodness, because of the consulted at least 12 times since Sep- the American people, we will have diligent efforts of men and women in tember 11th about the President’s au- failed to discharge our duty in this our law enforcement agencies, in our thorization of these interceptions of body. intelligence agencies, the men and communications, interceptions which I hope our colleagues who are block- women in our military, and so many were not solely within the United ing a bipartisan majority from casting other people working together dili- States but were from known links to a vote to reauthorize the PATRIOT Act gently, we have protected Americans international terrorism in the United which will prevent the expiration of on our own soil. There have been at States and known links with inter- these 16 provisions will reconsider their least 10 serious al-Qaida plots dis- national terrorism overseas. decision. It is unthinkable to me that rupted, including 3 al-Qaida plots to at- It is perhaps not a coincidence that anyone would allow these provisions to tack inside the United States since just before the vote on cloture on the expire. I realize there are differences of September 11. reauthorization of the PATRIOT Act, opinion. I am happy to have this de- In mid 2002, the United States dis- the New York Times released this bate. I understand that people have rupted a plot to attack targets on the story. Indeed, at least two Senators—I conscientiously held opinions that are west coast of the United States using heard with my own ears—cited this ar- different than mine about the impor- hijacked airplanes. The plotters in- ticle as a reason why they voted to not tance of this Act, but to block a bipar- cluded at least one major operational allow a bipartisan majority to reau- tisan majority from having the chance planner involved in the events of Sep- thorize the PATRIOT Act. As it turns to vote is incredible. tember 11. In mid 2003, the United out, the author of this article had Mr. SESSIONS. Mr. President, will States and a partner disrupted a plot turned in a book to his publisher 3 the Senator yield for a question? to attack targets on the east coast of months ago. The paper failed to reveal Mr. CORNYN. I will. Mr. SESSIONS. I thank Senator COR- the United States using hijacked com- that the story was tied to a book re- NYN for his discussion of this important mercial airplanes. lease and sale by the author James issue. If the people of America were to The PRESIDING OFFICER. The time Risen. The title of the book is ‘‘State hear what he said and consider those of the Senator from Texas has expired. of War, the Secret History of the CIA issues thoughtfully, their fears would Mr. CORNYN. I ask unanimous con- and the Bush Administration.’’ It is be greatly relieved. I am convinced sent for an additional 15 minutes. about to be published by the Free Press there is nothing in this legislation that The PRESIDING OFFICER. Without in the coming weeks. in any way jeopardizes the liberties we objection, it is so ordered. It is a crying shame that America’s have. Mr. CORNYN. Then there is the Jose safety is endangered by the potential The Senator from Texas served as at- Padilla plot in May 2002. The United expiration of the PATRIOT Act in part torney general for the State of Texas. States disrupted a plot that involved because a newspaper has seen fit to re- He served on the Supreme Court of the blowing up an apartment building in lease, on the night before the vote on State of Texas. He brings good judg- the United States using a dirty bomb the reauthorization of the Act, and as ment and legal understanding to the or a radiation dispersal device. In mid part of a marketing campaign for sell- Senate. I urge my colleagues to listen 2004, the United States and our part- ing the book, something that is bla- to him. ners disrupted a plot that involved tantly misrepresentative of the facts Senator SPECTER, chairman of the urban targets in the United Kingdom. and appears to be an attempt to strike Judiciary Committee and certainly a These plots involved using explosives terror or perhaps paranoia into Sen- person who has been a champion of against a variety of sites. Then there ators and others out of some unreal- civil liberties all his career, has said was a plot in Karachi, a plot at istic and inaccurate concern for inva- that the bill we passed in this body by Heathrow Airport in London, another sion of civil liberties. unanimous consent which went to con- UK plot in 2004, another Arabian Gulf It is appropriate that Congress have ference in order to work out differences shipping plot, one in the Straits of hearings to look into this, but the fact with the House, came back with 80 per- Hormuz in 2002, and a tourist site tar- is, the President and his administra- cent the provisions contained in the geted by al-Qaida. In 2003 there have tion have briefed high ranking Mem- Senate bill untouched, and very few been at least 10 disrupted terrorist at- bers of Congress on 12 occasions since changes in favor of the House version. tacks as a result of the concerted ef- this so-called secret program of inter- I ask the Senator from Texas, the bill forts of our law enforcement and intel- cepting communications between we passed here by unanimous consent, ligence personnel, at least 3 on Amer- known terrorist contacts in the United is that not the same bill he and I ican soil since September 2001. States and overseas occurred. worked on in the Judiciary Committee I ask my colleagues who are blocking When I came to Washington to serve and that came out of the committee the vote on the renewal and reauthor- in the Senate almost 3 years ago, some- unanimously by an 18-to-0 vote after ization of the PATRIOT Act: What one jokingly referred to it as a logic- full discussion about those issues? could they possibly be thinking to be- free zone where perception is reality. Mr. CORNYN. The Senator from Ala- lieve that we ought to voluntarily re- We all got a good laugh out of that. bama is absolutely correct. He serves linquish the tools that have in part But the hysteria over the USA PA- with great distinction on the Senate made it possible to keep us safe and to TRIOT Act and the fact that people Judiciary Committee, as does the cur- protect Americans from these terrorist have, in too many instances, not fo- rent occupant of the Chair. We all attacks? cused on the hard-fought attempts to know that it is not the most cohesive I know, Mr. President, there are oth- balance our security with civil liberty committee in the Senate. As a matter ers in the Chamber who want to speak concerns by hammering out thoughtful of fact, we have some pretty serious on this or related issues. I want to and useful provisions is a disservice to disagreements about important policy close on one last red herring that has the American people. It is not a typical issues. But on the PATRIOT Act, under been raised. policy disagreement that we some- Senator SPECTER’s guidance, with the As the New York Times reported, the times have about taxes or some other ranking member, Senator LEAHY, we President of the United States has au- issue. This is one that has the grave were able to reach unanimity and pass thorized, after counseling with the De- potential of endangering American the PATRIOT Act out of the Judiciary partment of Justice and various legal lives because we know the terrorist Committee. That would not happen, authorities, as well as consulting with threat exists. This threat continues to given the legal minds and the great ad- Congress on up to 12 occasions, the use this day. vocates we have on the Judiciary Com- of intercepted messages from the Na- September 11, while it was 4 years mittee, if it were not a good bill. To tional Security Agency as part of our ago, is not an isolated event, as the now suggest, as some have, that this ongoing counterterrorism efforts. The listing I provided details. Terrorists has not been well thought through, New York Times suggested that this will, if we let our guard down, hit us that it is not carefully done, flies in was a secret way to threaten the civil again. Then I ask: Where will the the face of the facts. liberties of Americans. The fact is, as blame lie? If we have failed to do ev- If I may, Mr. President, through the is now being revealed, Congress was erything within our power to protect Chair, I ask my friend from Alabama,

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13952 CONGRESSIONAL RECORD — SENATE December 17, 2005 who has been a distinguished U.S. at- whoever’s rights are at issue, that The PRESIDING OFFICER. The Sen- torney, served as attorney general of there is an opportunity to go to a ator’s time has expired. his State before coming to the Senate, judge—in this case, the Foreign Intel- Mr. SESSIONS. Mr. President, I ask and has a lot of experience in law en- ligence Surveillance Court, a special- unanimous consent that I may have 2 forcement, are the provisions of the ized court with jurisdiction over na- additional minutes. PATRIOT Act that are being debated tional security cases—and to ask an The PRESIDING OFFICER. Without involving wiretaps and production of impartial judge to intervene. objection, it is so ordered. business records and delayed notice But some of our colleagues, it seems, Mr. SESSIONS. I thank Senator COR- search warrants, are these the sort of have these fantasies about rogue law NYN from Texas for his steadfast work ordinary tools that are available to enforcement personnel with nothing on this issue. He is an extremely hard- prosecutors in State and Federal better to do than running roughshod working Senator. He gets these facts courts in regular, ordinary, vanilla over the rights of American citizens. right. He is an extremely skilled law- criminal cases? These are serious professionals. I know yer and has a great legal mind. I hope Mr. SESSIONS. I thank the Senator my colleague from Alabama, being a the people will listen to his remarks. from Texas. He is exactly correct. As a former U.S. attorney, has worked We have gone through this bill. This former attorney general of Texas, he closely with the FBI and other Federal bill was carefully drafted the first time knows that every county attorney in law enforcement officials. I ask him— we voted on it. It came out of the Sen- America can go to a county judge and and then I will certainly yield the floor ate 4 years ago with only one ‘‘no’’ issue a subpoena for bank records, for to him for any other remarks he cares vote. We have had 4 years of experience medical records, for telephone toll to make—is there any basis to this idea with it. It is going to expire the end of records, for motel records, for library that Federal law enforcement agencies, this calendar year. We passed our records, and for bookstore records. such as the FBI and the intelligence version of reauthorization by unani- That is done every day and the stand- agencies, have nothing better to do or mous consent in this body. Our Senate ard is simply whether those records are have so little disregard for our laws Judiciary Committee, which has some relevant to an investigation that the and Constitution that they look for op- of the most civil libertarian lawyers in Attorney General or district attorney portunities to trample on the rights of the Senate—in the country, for that innocent American citizens? in any county in America is con- matter—passed it out unanimously. I Mr. SESSIONS. I thank the Senator. ducting. That is the way the system That is such a good question. I worked am shocked, surprised, and utterly dis- works. People act as if issuance of a very closely on a daily basis with FBI appointed that we went to conference— subpoena for somebody’s records is a agents for 15 years as a Federal pros- where we maintained position after po- violation of a constitutional rights. ecutor. Some of those agents remain sition on our bill and the House con- That is beyond my understanding. good friends of mine. They are people ceded time and time again on their So I certainly agree. In fact, with re- of high integrity and discipline. They bill, to the extent that about 80 percent gard to a group of records, the power of follow the rules. Sometimes they shake of the differing provisions were decided the FBI to investigate terrorists, in their heads in wonderment at the regu- in favor of the Senate—and now have some ways, is far less than that of a lations we place on them as they are this unbelievable filibuster that county attorney. A 215 order includes out trying to protect America. But blocked a bill which had so much bipar- health records, library records, book- they comply day after day with what- tisan support, from coming up and store records—I hate to laugh, but—for ever rule it is. In fact, I guess some being considered and given a vote. which you have to go to a court and get people may have thought when we cre- I thank the Chair. I see the distin- approval before they are issued. The ated a wall between the CIA and the guished ranking Member of the Senate local district attorney issue this type FBI, that if information were impor- Armed Services Committee on the of order if he is investigating somebody tant, agents would not pay much atten- floor, Senator LEVIN. I am delighted to for failure to pay county taxes. tion to that wall, and would share the yield to him at this time. I want to ask the Senator about this. information anyway. Surely the CIA The PRESIDING OFFICER. The Sen- One distinguished Senator yesterday would tell the FBI if they have infor- ator from Michigan is recognized. on the floor of the Senate declared that mation that a dangerous cell may be Mr. LEVIN. Mr. President, I thank an FBI agent could write up a warrant operating in the U.S.; surely they the Chair and my friend from Alabama. and go out to search your house. With would tell them. But we prohibited it. One quick comment on the PATRIOT regard to the two categories of records There was a wall and this legislation Act. Of course, everybody in this body I have mentioned, I add for the RECORD tore it down. Before this wall was torn wants to renew the PATRIOT Act. that these are records not in the pos- down, they did not share any informa- That is not the issue. The issue is the session of a potential defendant or ter- tion, regardless of how important it contents of that act and whether this rorist; these are records in the posses- may have been. body ought to have an opportunity to sion of a bank or a telephone company; I was on a show with a distinguished debate some of the differences between they are not personal records. But with Member of this Senate who made the the version that came back to us from regards to personal records where the comment that the people of his State conference and the one that left the district attorneys in every county and didn’t want the FBI patrolling near Senate. There are significant dif- any U.S. Attorney has to get a search their homes and searching their houses ferences. warrant and has to have it approved by and getting delayed warrants and stay- There is a bipartisan group that op- a judge, and in the case of the FBI, a ing in their houses and all these other poses the PATRIOT Act in its current Federal judge, they have to submit things. I talked to the Attorney Gen- form. We all want to extend that act so facts under oath to justify the search, eral Gonzales today. He said two- there is no gap. Nobody wants a gap in and those searches go to a person’s tenths of 1 percent—2 out of 1,000 war- coverage. Everybody agrees it should home, their automobile, or areas in rants issued in this country, are de- be extended. The question is, should it which they have dominion and control. layed warrants. There probably hasn’t be extended for a short period of time My question to the Senator is whether been one issued in his State since the to give those of us who have questions he is aware of anything in this legisla- act was passed 4 years ago. The last and doubts about some of the provi- tion that in any way would undermine thing the FBI would want to do is vio- sions that came back from conference the standard and burden on investiga- late the law, risk their careers, or that were not in the Senate version an tors before they get a search warrant waste their resources prowling into the opportunity to debate and hopefully of somebody’s private property? houses of Americans. To get a delayed change some of those versions. Mr. CORNYN. Mr. President, I say to notice warrant or any warrant of this Mr. SESSIONS. Mr. President, will the Senator from Alabama he is pre- kind, they have to go to the court in the Senator yield just 1 second on that cisely correct. One of the things that advance. Then they have to have addi- point? has been carefully taken into consider- tional proof if they want to delay the Mr. LEVIN. Sure. ation in this legislation is to make notice to the person whose residence Mr. SESSIONS. I urge him to exam- sure whoever the individual is or has been searched. ine the legislation and to examine the

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13953 changes that are made. I know some tion to refer back to conference to con- from the conference a document which have said they are significant. With the sider other material. Here, apparently, contains material which had never Senator’s legal skills and ability to from what we understand, the House been discussed in conference, never the analyze, I think he will find they are leadership was attempting to find some subject of debate in either the House or not nearly as significant as some say. way to add significant legislation to a the Senate, was not in the House or the As a matter of fact, most are very conference report on which the signa- Senate bill, and is totally nongermane small. I believe he will feel comfortable ture sheet had already been signed by to the subject matter of the conference in the end once again voting for this all of us. report. legislation. Senator WARNER came to the Cham- We all know there are items added to I thank the Chair and yield the floor. ber last night to express his dismay conference reports that were not in ei- Mr. LEVIN. Mr. President, I thank with this process. As always, Senator ther bill. That happens. But under our my friend from Alabama. I have, in- WARNER is extraordinarily honorable. rule, the only way it now happens is if deed, studied the version that has come For him, it is not important what the it is material to which everybody back from conference. The differences subject matter of this added legislation agrees. It cannot be material which is are significant, indeed. They are very is. It is the principle involved. It is the not in agreement by the Members of significant, so much so that some of process involved. We cannot possibly the two bodies. We cannot possibly, as the more conservative Members of this operate under a procedure where after a matter of principle, have a process body have joined in a decision that we a conference is over and the signature where a conference report comes back should have an opportunity to debate sheets are signed that then there is an containing material not germane, not the PATRIOT Act conference report effort made without, I guess, the body relevant, not material to the con- before it is enacted. We all want to ex- reopening the conference by sending it ference, not the subject of either bill tend it to give us that opportunity. But back to conference for reconsideration that passed either House, and which is this is not a Democratic or Republican but just simply looking for a mecha- added after the signature sheets have opposition; it is a bipartisan group of nism to add legislation to a conference been signed. Senators who have studied the con- report which had already been signed. I wanted to come to the Chamber and ference report and have significant dif- Senator WARNER said something last say what has happened because we ferences with it, and I am one of those night that I concur in 1,000 percent. In heard this effort was being consid- Senators. fact, everything he said last night I ered—just being considered—by the House Republican leadership. Senator f concur in 1,000 percent because he is a Senate man. He is an institution man. WARNER and I asked our staff to go DEPARTMENT OF DEFENSE AU- He loves this institution. And the idea over to the House and retrieve our sig- THORIZATION CONFERENCE RE- that we could have a process where a nature sheets. PORT conference report is signed and then, Mr. REID. Will the Senator yield for Mr. LEVIN. Mr. President, I wish to somehow or other, through some mys- a question? talk about a different bill, a bill we Mr. LEVIN. I will be happy to yield. terious mechanism or means, addi- Mr. REID. Through the Chair to the thought was finally put to bed yester- tional legislation is added to it without distinguished ranking member of the day. When we say ‘‘put to bed,’’ what that conference being reorganized and Armed Services Committee, I already we conferees mean is the conference is the House, the first body that receives gave some remarks on the Senate floor over and that all of the members of the this conference report, referring it last night about my admiration for the conference have signed the conference back to conference, is a totally unac- chairman of the Armed Services Com- sheets, the signature sheets which sig- ceptable process. mittee. My admiration of the senior nify that document that is attached to The chairman of our committee, Sen- Senator from Virginia is a volume. I those sheets is the final version and ator WARNER, last night said he was think JOHN WARNER is what a Senator that then will be presented to both not going to accept this process. He is all about, and I said that last night. Houses for their consideration. would filibuster his own bill if it con- I say to my friend from Michigan, I Senator WARNER came to the Cham- tained material we had not considered have served in legislative bodies a long ber last night to express his dismay and was now showing up in a con- time. I have been in public service for with what we understand now has hap- ference report. And I would join him in more than 40 years. And my respect for pened in the House, and that is that that filibuster. He would exercise the the ranking member of the Armed the House leadership is apparently toy- rules of this body to ask the Chair to Services Committee is equal to that of ing with the idea, considering the pos- rule that there is out-of-scope material the senior Senator from Virginia. sibility of trying to insert in that con- in this conference report, and I would There is no better Senator than CARL ference report a totally unrelated bill join him in asking the Chair to make LEVIN from Michigan—not today or that is not part of either the House or such a ruling. ever. He is one of the best ever. the Senate Defense authorization bill, This is separate and apart from The working relationship between which is totally unrelated to the sub- whether he or I agree with the material Senator WARNER and Senator LEVIN is ject matter of the Defense Authoriza- which was proposed to be added. By the what the Senate should be. But I want tion Act. way, for whatever relevance it has, I to say that what is going on in this To me, it is not important what the think probably both of us would be in- Congress is absolutely untoward. We substance of the bill is that the House clined to support the material which have a Defense appropriations bill that Republican leadership wants to attach. was intended to be added if it ever will fund the military, some $450 bil- The principle is important. The prin- came to the floor in a proper way. I lion, that is being held up by sticking ciple is one of the fundamental prin- don’t want to commit myself to that onto that bill drilling in Alaska, drill- ciples under which we operate in this position because I haven’t seen the ac- ing oil wells in Alaska. body and in this Congress, and that is, tual material proposed to be added, but There is a place for that legislation, once a conference report is agreed to, what I know of the subject matter, it but it should not hold up this bill, as it once those signature sheets have been would be the type of change in our law has been. As Lord Acton said, ‘‘Power attached, nothing can just be inserted, which I probably would support and, tends to corrupt, and absolute power unless, of course, the conference report without speaking for Senator WARNER, tends to corrupt absolutely.’’ That is is rejected or the report is referred I think he is probably inclined to sup- what we have a study of in here: The back to conference. port, too. That is not the issue. We absolute power of the Republicans con- There are rules that the House gets can’t treat our colleagues that way. trolling the White House, the House, the conference report first, and that al- This is a controversial matter which is and the Senate is leading to a corrupt lows that body to return a conference proposed to be added. There is a very Congress. report for further consideration. But strong debate over the subject matter. To think that the rules mean noth- what is happening here is not that Regardless of what our position is, as ing, throw them aside, let us change there was going to be a conference re- the chairman and ranking member of them today, we are going to put some- port taken up in the House with a mo- this committee, we cannot bring back thing on the Defense appropriations

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13954 CONGRESSIONAL RECORD — SENATE December 17, 2005 bill. The other aspect of the Defense thing. We want the PATRIOT Act to be The PRESIDING OFFICER. The Sen- authorization bill is taking care of our extended for 3 months to see if Senator ator from Oklahoma. men and women who are fighting for SPECTER and Senator LEAHY can work Mr. COBURN. Mr. President, I want us. It does things such as taking care something out so that the problems to respond. First, I think it is unfortu- of pensions, changes in pay and equip- with it—and there are significant prob- nate when somebody is in the chair ment that the appropriations bill lems—can be worked out. that such a statement was made with- funds, which is what the Senator from I do not appreciate insinuations and out thankfully someone else being in Michigan and JOHN WARNER have done. intimations that those people who op- the Chamber to allow me the oppor- I saw the chairman of the Armed posed cloture yesterday were unpatri- tunity to respond to it. Services Committee as I was leaving otic. I am opposed to terrorists as There is a lot wrong with the process the House yesterday, the distinguished much as anybody in this country. I in the Senate and I am sure the distin- House Member from the San Diego, CA voted for the first PATRIOT Act and I guished Senator from Nevada probably area, whom I served with, DUNCAN HUN- am glad I did. We sunsetted certain has an intellectual heads-up on me. I TER. I asked, how are we coming on things in that first PATRIOT Act be- do not doubt that. But what is wrong is this? He said, it is done, it is just like cause we were pushed, because of the deception, not policy changes, and you this. One could not see the line be- events of 9/11, to get the law changed so have never heard this Senator say any- tween his fingers. we could go after terrorists better than thing about problems with putting pol- Then we come back over here and it we did. So do not come and give lec- icy riders on appropriations bills. is not done. They are trying to stick tures about someone being more patri- What I have been very clear about into this some type of campaign fi- otic than others and understanding the from the day I arrived in the Senate is nance reform. Think about that. terrorists more than others. Everyone that there should not be earmarks that ANWR on the Defense appropriations in this Senate, Democrat and Repub- are used in politically beneficial ways bill and campaign finance in the De- lican, is patriotic and opposes terror- for individual Members of the body be- fense authorization bill. What is this ists, these evil people around the cause what that does, in fact, is put the Congress turning into? world. We want to do everything we country second and us first. It puts the It is almost Christmas and we cannot can to defeat terrorists, but we want to next election ahead of the next genera- get our work done. The intelligence au- do it recognizing that we in America tion. thorization bill—we have people giving live by a document called the U.S. Con- To equate that with policy changes these patriotic speeches about all the stitution that directs what we do. that go along and use my position as things that need to be done. We cannot We can have security and we can somebody who is fighting hard to do the intelligence authorization bill. have liberty at the same time. When change the appropriations process and That is the bill that directs our intel- we start saying security is more impor- to use me as an example, because you ligence-gathering activities in Amer- tant than the liberties of the American may not at this time be happy—I am ica. Why? Because they will not let us people, this country is in trouble. not happy we are here, I am not happy talk about Abu Ghraib and what has The PRESIDING OFFICER (Mr. GRA- that anything gets stuck on anything, gone on in the military prisons around HAM). The Senator from Alabama. but I also recognize the history of Mr. SESSIONS. Mr. President, I ask the world. They will not let us do it, so things that have gone on in this body a question of the Senator before he they are not going to do the bill—they and the other body and how at the end yields the floor. meaning the Republican leadership. Mr. LEVIN. Mr. President, I reclaim of a session things get tacked on to People complain about appropria- my time to the floor if I have any time lots of things. tions bills having stuff in them that remaining. I will not be used, nor will I allow my they should not. Well, anybody who The PRESIDING OFFICER. The Sen- position to be used, to wedge other peo- has any thought of an appropriations ator’s time has expired. ple into thinking I am inconsistent, bill being pork, wait until the scope of Mr. LEVIN. In that case I will not re- and I will defend that. My consistent conference changes. claim my time. criticism of the appropriation process The distinguished Presiding Officer Mr. SESSIONS. I ask the distin- is on earmarks and on earmarks alone of the Senate at this time has told guished Democratic leader—he is a and us living within the amount of me—and I have heard him give public great and skilled advocate, and I know moneys we have and not using the ear- speeches—about how he thinks there everybody is a bit frustrated at the end mark process to advantage your own should not be extraneous things in ap- of the session, but I do not think he political career. propriations bills. Well, I say to my meant to accuse the distinguished Sen- I want to make sure everybody in distinguished friend, who is a medical ator COCHRAN and the members of the this country understands that what doctor and extremely intelligent, if Appropriations Committee, who have you are talking about is something you cannot see the incongruity of al- reached a little different conclusion wholly different than that. This is pol- lowing ANWR to be placed on an appro- than he would, of being corrupt. He icy. I am not happy about any addi- priations bill, then you are a lot less used that word twice. Perhaps it is im- tional spending that is not paid for, I intelligent than I think you are. How portant for us to recognize that there don’t care what bill it comes through, could anybody allow this to happen? are a lot of disagreements around here. and I have made it very clear to my Then the final thing I will mention Mr. REID. I would be happy to re- leadership, on any bill that comes out briefly is the PATRIOT Act. The PA- spond to my friend. I respond this way: of this end-of-the-year process. TRIOT Act yesterday was brought to Corruption is more than money corrup- Mr. REID. Mr. President, reclaiming this Senate in the form of a conference tion. There is intellectual corruption. my time, I say through the Chair to report. A group of Democrats and Re- The point I was making with the dis- the distinguished Senator from Okla- publicans felt the bill that passed the tinguished Senator from Oklahoma, homa, first of all, I thought I was com- Senate Judiciary Committee unani- who I care a great deal about, is that plimenting the Senator from Okla- mously, came to the Senate floor and people do not like the appropriations homa. If I did not, I apologize. I passed unanimously and was taken to process because there is too much thought explaining—maybe some peo- that place across the aisle, the House money being spent on extraneous mat- ple watching this don’t know that you of Representatives, the other body, and ters that they feel are unimportant, are a medical doctor. I also would say came back here a different animal, is such as a swimming pool in Sparks, to my distinguished friend that when now a different bill. It was not the NV, or something such as that. I am someone is presiding and their name is same thing. The Senate Judiciary Com- saying if you do not like that, then you mentioned, they always have the ca- mittee approved it unanimously and it are going to hate the process after this pacity to speak, not as a Presiding Of- was approved unanimously in the Sen- precedent is overruled and you can put ficer but as a Senator. So you would ate. It was different legislation. anything you want in an appropria- have every right to respond if I said That is why human rights and civil tions bill. There would be no scope of something with which you disagreed. rights groups on the right and the left conference and that is what I said and I would say this. The reason I think politically opposed it. We did the right that is what I meant. you should check out what I said is

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13955 that, under the present rules, you can- We know that you share our overarching earmarks on an appropriations bill and not put policy on appropriations bills. concern for the welfare and needs of our items being added on an appropriations It is only for money matters. The Sen- troops. With 160,000 troops fighting in Iraq, bill, raises a whole different issue ator said he doesn’t object to policy another 18,000 in Afghanistan, and tens of under a different rule. I believe his pas- thousands more around the world defending matters on appropriations bills. I do this country, Congress must finish its work sion on this issue is admired by many because right now it is not within the and provide them the resources they need to in this body. But the principle that scope of the rules. That is what they do their job. Senator WARNER and I are talking are attempting to change here, and I We believe that any effort to attach con- about is a principle which is embedded, think it is wrong. troversial legislative language authorizing it is so fundamental—that once a con- I say, Mr. President, if I in any way drilling in the Arctic National Wildlife Ref- ference report is signed there is no way embarrassed the Senator from Okla- uge . . . to the defense appropriations con- that it can be or should be changed. No ference report will jeopardize Congress’ abil- homa or said something that offended ity to provide our troops and their families way can material be inserted in a con- him, I apologize because I certainly the resources they need in a timely fashion. ference report. didn’t mean to do that. I thought just The passion and energy of the debate about This is in all of our interests. If in the opposite, I was trying to com- drilling in ANWR is well known, and a testa- the conference we decided to add mate- pliment him. Maybe I need a lesson in ment to vibrant debate in our democracy. rial which had not been discussed by ei- how to compliment people, but that is But it is not helpful to attach such a con- ther body, that would then raise the what I was trying to do. troversial non-defense legislative issue to a issue in which the good Presiding Offi- Mr. COBURN. Mr. President, I would defense appropriations bill. It only invites cer is very passionately involved. I delay for our troops as Congress debates an tell the Senator from Nevada I take no important but controversial non-defense share many of his concerns. That is not personal offense but would also state issue on a vital bill providing critical fund- his issue. The conference did not add there hasn’t been an appropriations bill ing for our nation’s security. this material. This is not an earmark coming out of this body in 20 years The final sentence: added by the conference, which had that hasn’t had policy changes directed We urge you to keep ANWR off the defense never gone through either body. This is and attached to it. They all do. If you appropriations bill. material that apparently the Repub- seriously look at them, there are pol- Signed by: lican leadership in the House wants to add after the conference is closed, after icy directions on every one of them be- General, U.S. Marine Corps (Ret.) Joseph cause the Congress spends all its time P. Hoar; General, U.S. Marine Corps (Ret.) we signed the signature sheets, without appropriating rather than author- Anthony C. Zinni; Lieutenant General, U.S going through the process of sending izing—the very issue the Senator from Army (Ret.) Claudia J. Kennedy; Vice Admi- the conference report to the House and Michigan is talking about. Con- ral, U.S. Navy (Ret.) Lee F. Gunn; and Ste- having them refer it back to con- sequently, this year we are going to ap- phen A. Cheney, Brigadier General, U.S. Ma- ference if they want to. None of us can propriate $190 billion on items that are rine Corps (Ret.) accept that. As a matter of principle, not even authorized. That is what we are facing here. We we cannot accept that. The Senator from Nevada is gracious. have to get real. The rules we have are Mr. GRAHAM. Will the Senator I wanted to make sure my point was rules that we should follow. The reason yield? clear on my position in terms of ear- this body has worked so well for 216 Mr. LEVIN. I am happy to yield to marks and spending. I don’t like this years is that we have rules, and they my friend. process any better than he does, but I are to be followed. The debate some- Mr. GRAHAM. Mr. President, this am willing to do what we need to do for times is arcane. It takes a long time. last hour is a good example of what we our country to get it done. I don’t want Sometimes it is difficult to stop people have come to as a Senate and a Nation. us to corrupt the process, but I will tell from talking too much. But those are I come to the Senate to support Sen- you that the process needs to com- the rules we have here, and we should ator LEVIN’s statement and Senator pletely be revised in terms of appro- follow them. WARNER’s statement. We have had a priations. We should never be in this It does not take a rocket scientist to knockdown drag-out over the author- position that we find ourselves today. understand that on a Defense appro- ization bill. Everyone gave and we got With that, I yield the floor. priations bill, we should not be debat- a product the country can be proud of. Mr. REID. Through the Chair to the ing ANWR. I say to anyone, anyone What has happened, as Senator LEVIN distinguished Senator from Oklahoma, who is a Senator, we should not let this has described, we cannot survive politi- one reason I got on this subject is you happen. I don’t care who puts it on the cally if this is allowed to stand. A law- were quoted yesterday—actually, it is bill, no matter how powerful the person yer in private practice could get dis- now Saturday—you were quoted the may be, we should not allow that to barred for doing something such as day before yesterday saying: happen. We should not allow that to this. My understanding of what has hap- It’s wrong for members of Congress to use happen. It is not good for this body, as our troops as political cover for new spend- seen by these senior military. pened—and if I am wrong, I apologize, ing. . . . If Senators want to pass additional To put on Defense authorization and I hope Senator LEVIN will correct funds related to hurricane relief or the avian campaign finance reform is absolutely me if I am wrong—there was a matter flu, for example, those measures should be wrong—wrong. added to the conference report totally amendable and not attached to must-pass The PRESIDING OFFICER (Mr. unrelated to defending our Nation that bills that cannot be amended. COBURN). The Senator from Michigan. has a major policy decision—which I That is my whole point. Why change Mr. LEVIN. Mr. President, first we happen to support, by the way, but not the rules? I would further say that I thank the Democratic leader for sup- under these circumstances—that basi- will not raise the Senator’s name again porting the fundamental principle that cally changes the entire political proc- other than the quote I just read here. has been violated with this authoriza- ess if it is allowed to stand. None of us I am going to read a letter indicating tion bill. It is a very different principle are safe. Our word means nothing and that I am not out in left field about from the one the Presiding Officer feels our signature means nothing if you can complaining about what is happening so passionately about. It is a principle change the document after everyone to our defense legislation, appropria- which I have, I believe, never seen vio- agreed to a certain set of facts. tions and authorization. I have a letter lated. This is a defining moment for the here dated December 17. I think today The Senator from Alabama, who is Senate and the House. If we do not fix is the 18th. It is written to me and Sen- on the floor, and the Senator from this now, it is going to eat at us all and ator FRIST. South Carolina, who is on the floor— our country will suffer. We are very concerned that the fiscal year they signed a signature sheet, I believe, Mr. LEVIN. If the Senator will yield, 2006 Defense Appropriations Bill may be fur- on our Defense authorization. I think my understanding is there is an effort ther delayed by attaching a controversial every Republican and I think every being made to insert material. It has non-defense provision to the defense appro- Democrat signed the signature sheet. not yet been inserted because Senator priations conference report. The issue which the Presiding Officer WARNER and I, through our staff, asked It is ANWR. feels so passionately about, which is our staffs to go over to the House and

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13956 CONGRESSIONAL RECORD — SENATE December 17, 2005 withdraw our signatures before the ma- order that material in a conference re- cause he works hard on these issues, terial could be inserted. port was out of scope, if the Presiding too. It was the effort to insert it, the Officer ruled, the body would not over- We are trying to put items in here in threat to insert it which was trans- rule the Presiding Officer. this bill which are good for the troops, mitted to Senator WARNER and trans- But we made a mistake in the early good for their families, good for the mitted to me through him and through 1990s when we overruled the Chair. Nation, good for our security. We can- Congressman SKELTON. This is not an There is material added to conference not watch this effort go down the drain effort on the part of Chairman HUNTER, reports all the time, by the way, which after it was such a tremendous effort by the way. As I understand it, it is the has the agreement of conferees, which made to finish this bill. We set a Republican leadership in the House is out of scope that has the agreement record, folks. We had the shortest pe- that is determined to find a way to in- of conferees. It might not have the riod of time to do an authorization bill sert material into the conference re- agreement of everyone in the body, but and we had the record number of port after the signature sheets have everyone in the conference report amendments that we were able to re- been signed. That is what I know about agrees to it. That happens all the time. solve. We set two records on this bill. it. But what never happened until that Those records go down the drain unless Senator WARNER was so disturbed one moment in the early 1990s, a point the House leadership decides they are about it, I was so disturbed about it, we of order was made that there was mate- not going to try to do something that, decided we were not going to take a rial out of scope in a conference report as far as I know, has never been done chance. We cannot risk this. and the point of order was sustained by before, which is to insert material in a Mr. GRAHAM. If the Senator will the Chair. The Chair was overridden. bill somehow after the signature sheets yield, I wish every American knew That created havoc around here. So have been signed. what was in the Defense authorization much so that a few years later we re- There is a process. If the bill goes to bill. In the Defense authorization bill stored the rule and we wiped out the the House and they want to refer it are provisions to allow guard members precedent which was created by over- back to conference to consider some- and reservists to get health care for ruling the Chair. thing, in scope or out of scope, that is themselves and their families. They That is what the issue is in the de- their right. But when this threat came need it now more than ever. They are fense appropriations bill. That is what that they were looking for a way to in- authorizing bonus programs for people this issue is going to be. That is dif- sert other matter into this conference who are serving worldwide now who are ferent from legislating on an appro- report, after we had signed the sheets, overtasked and underpaid. priations bill. Forgive me for getting Senator WARNER—I cannot pay enough To take this bill that will authorize into the details, but I spent a few days tribute to Senator WARNER—is taking much-needed relief to the troops in the studying the difference and I don’t a very strong stand against the leader field, that will keep our equipment want to waste my effort the last few of his own party and the House of Rep- modern, will allow us to aggressively days to try to understand this distinc- resentatives. I commend him for it. I deal with the war on terror, capture tion. The issue on the appropriations hope the leadership of the House will the moral high ground with the McCain bill, since all of us are friends and we relent and allow us to move forward language, do the habeas reform pack- are sitting here on a Saturday evening with this important bill. age we worked on—to have that come talking to each other this way, the dif- I yield the floor. down by inserting something after the ference on the appropriations bill and The PRESIDING OFFICER. The Sen- fact is a low blow. It will eat away at not legislating—I forget the number of ator from Alabama. the heart of this body. the rule, but is not rule XXVIII—there Mr. SESSIONS. Mr. President, I will Mr. LEVIN. I thank my dear friend is a different rule from the one that is follow up on that. I think the House from South Carolina. at issue on defense appropriations. leadership and many on this side do It is an effort we cannot allow to suc- The issue on the defense appropria- feel the language would be good for the ceed. We are in bipartisan agreement tions bill is whether we would overrule country and it is the right thing to do. on this issue. It is the deepest form of the Chair who will rule that the Arctic And if everybody agrees, a lot of things process where we must be able to rely drilling issue is out of scope and out of happen around here. But if Senator upon each other’s commitment and sig- order, and whether we are then going LEVIN and Senator WARNER have con- nature. We cannot let that shake. to override that ruling and put us back cluded they do not want to discuss any There are all kinds of differences in in the same morass we were in in the additional additions, it is not going to this Senate. Sometimes between Demo- early 1990s, which caused us a few years happen; it is just not going to happen. crats and Republicans, sometimes be- later to reverse that precedent, undo Unanimously, if anybody agreed to add tween Democrats and Democrats, be- that terrible precedent which actually something, something that everybody tween Republicans and Republicans. made our rules into mush. We cannot likes, maybe it could occur. Sometimes There are differences between us and have a rule which sometimes applies one side has to push a little harder to other Members of the Senate. When a and sometimes does not, we override it make sure the other side understands signature is affixed, when a conference every other day and restore it every how strongly they feel about it. But at report is signed, we cannot possibly other day. We cannot operate that way some point, if Senators WARNER and contemplate any change in that con- and hold our heads up as being legisla- LEVIN do not agree to this alteration, ference report even if we agree with it. tors. it is not going to be in the bill. By the way, as the Senator from I thank my Chair and my friends for So as a legal principle, I know they South Carolina said, I believe I am in their patience. Let me close by con- used to always say: There ain’t no agreement with the principle of the firming what the Senator from South harm in asking. So they have tried. material which they seek to add. I Carolina said about the importance of But I am not sure it will work if we are know Senator WARNER told me he is in the bill. It increases pay by 3.1 percent, not going to see their support for it. agreement with it in principle. It is which is half a percent higher than in- f bedrock principles. You do not go deep- flation. We have been fighting for that er than this. a long time. It increases the death gra- ABU GHRAIB We also have a rule—I know the Pre- tuity to all active-duty deaths from Mr. SESSIONS. Mr. President, I will siding Officer is focused on the issue I $12,000 to $100,000, retroactive to the be- say something about Senator REID’s, want to spend 1 minute on—we have a ginning of Operation Enduring Free- the Democratic leader’s, reference to rule relative to legislating on appro- dom. It authorizes a new special pay of Abu Ghraib, suggesting that this bill, priations, which the Senator made ref- $435 a month during hospitalization. It the legislation in this Defense bill has erence to in his remarks. We also have authorizes new leave for up to 21 days been held up perhaps because nobody rule XXVIII which has to do with ma- when adopting a child. We can go on wants to do anything about what has terial in a conference report which is and on. The Senator from South Caro- been going on in Abu Ghraib. Once out of scope. That rule was abided by lina mentioned a few of them and my again, it deeply concerns me. Once so that if anyone ever made a point of friend from Alabama knows this be- again, we are having the suggestion, if

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13957 not a plain statement, that we need to combat—those protections do not reauthorization. We said 4 years. So we pass legislation and we need to have apply to these prisoners. They do not went to conference, and we thought congressional hearings to stop things wear uniforms. They do not operate on agreement had been reached on 7 years. such as what occurred in Abu Ghraib. behalf of a state, a legitimate nation After we signed the conference report— I was a member of the Armed Serv- state, even a quasi-legitimate nation Senator KYL and others—we thought ices Committee. I am a member of the state. They do not adhere to standards we had an agreement at 7 years. This is Judiciary Committee. We have had of behavior. They do not carry their what we normally do in these deals, about 20 hearings on Abu Ghraib. But guns openly and their weapons openly. sort of split the difference when you do you know how we found out about They sneak around and murder women can. And Senator LEAHY and the Demo- Abu Ghraib? We found out about it at and children, innocent civilians, con- cratic members had a fit. No, no, no, it a press briefing in Baghdad by a U.S. trary to the laws of warfare. Therefore, had to be 4 years. It had to be 4 years. Army general or colonel who said they they do not gain the protections of the And we argued that was not appro- had reports of abuse at Abu Ghraib and Geneva Conventions. But they are pro- priate. they were taking steps to investigate tected against torture, and they are en- Senator KYL and I, particularly, were it. And they did so. They found people titled to that protection. They should involved in those discussions, being had violated the law. They prosecuted be granted it. And if anybody violates members of the conference committee. them. A number of them are in jail this those standards, they are prosecuted We thought 7 years was a good com- very day. by the U.S. military. promise. That was the last issue to be We did not need to pass one single I think the military has taken far decided, and we totally agreed to go to law for that to happen because it was too much abuse on this. They did a 4. in violation of military standards. In huge study of Guantanamo, Gitmo. I That was the Senate version exactly. fact, none of the mistreatment of pris- have been there twice. I know the They wanted 7 as a compromise. The oners at Abu Ghraib had to do with standards those guards operate under. House wanted 10 in their bill. We ended trying to interrogate them. These peo- They have a phrase they greet each up totally winning on the Senate posi- ple were not interrogators. They were other with when they see each other on tion. prison guards, manning the prison at the base, one soldier to another. They There was a dispute about delayed the graveyard shift, who lost their dis- say: Honor bound. And when they see notification warrants. The Senate bill cipline, abused those prisoners, and had you, they say: Honor bound, sir. They that passed unanimously in the Judici- no real excuse for it. As one of them have high standards. They found three ary Committee and on the Senate floor said, Smith—I believe he was a ser- abuse cases, most minor, that were dis- said the warrant that is executed, after geant—he said: We all knew there covered after a review down there, and prior approval by a U.S. judge who has would be hell to pay if anybody found disciplinary action was taken con- made a specific additional finding on out what we did. It was not approved. cerning those. But they are not being facts presented to that judge, is justi- We were not ordered to do it. It was not mistreated every day, abused or tor- fied to delay notification to the per- part of our military standard and tured. I reject that. son’s residence who is being served. In training. f those circumstances, delayed notifica- I remember, very vividly, during that tion is essential because these matters time that an African-American colonel PATRIOT ACT are going to involve tremendous secu- in combat, as soldiers were taking hos- Mr. SESSIONS. Mr. President, I also rity and are of tremendous importance tile fire—they captured someone, one say this. I am not aware of a single to an investigation of this kind. In the of the terrorists or bad guys—and he proponent of the PATRIOT Act who Senate, we decided that investigators fired a gun beside his head to frighten has accused any Member on the other should report back to the judge within him and to get him to tell some infor- side, or any Member who opposes the 7 days. After 7 days, you could then ask mation. There was a life-and-death PATRIOT Act, of being unpatriotic. for an additional period of time before matter for his troops. They drummed Where did that come from? I would like you notified the person whose resi- him out of the service. He never to search the RECORD. I would like to dence had been searched. touched the guy. He never hurt him. It see that. I do not think it has occurred. The House bill set the delayed notifi- was a moment of passion and intense I have not heard anybody over here say cation period for 180 days. They said: In feeling and reaction to being in a life- that. We say: You are wrong. We say a terrorist investigation, you could and-death struggle. He is out of the you are making a mistake, that you delay notification to the person whose military even though he had a quite ought to reconsider, you ought to house was searched for 180 days. distinguished career. study the act and see that it does not So we had a big brouhaha over that. Our military does not approve of threaten our liberties, that it is con- We agreed to 30 days, which is far clos- abusing and torturing prisoners. In sistent with our constitutional protec- er to the Senate version than to the fact, we have a statute that defines tions this great Nation provides. House. Frankly, it didn’t make a whole torture, and they have worked hard to If you do not pass it, I will repeat, lot of difference because you have to stay within it. People who do not stay this legislation will lapse as of Decem- have prior judicial approval to delay within it get prosecuted. Now, we have ber 31, and it will place our Nation at notice. And if you want to continue to ideas to go further, and that has been greater risk. There is no doubt about delay notice, you have to prove that put as a part of this bill, and it is going that. I would repeat, again, it is stun- there is an existing continuing threat to become law. I hope it doesn’t go too ningly surprising to me that we end up, and danger. It is not a big deal. far. But we have never approved of the after the bill passed here unanimously This bill is about to expire, and those kinds of things that went on in Abu in the Senate, unanimously in the Ju- are the kinds of things that they say Ghraib. We have never approved of tor- diciary Committee, and it went to con- are such tremendous changes that now ture. We have a statute, passed by this ference with the House of Representa- we should not even get an up-or-down Congress, that prohibits torture by the tives. At conference, most of the dis- vote. The fact that we are going to military or anyone else. We do not agreements were resolved in favor of allow this bill to expire and not allow allow that. It is not part of our stand- our bill. Who has ever heard of a bill of it to become law, will result in the wall ards as a nation. But to say there can this size that did not have some going back up between the CIA and the never be any stress on prisoners who changes in conference? They were all FBI. That makes no sense. have great intelligence, and who are minor. Most of the changes resulted in Frankly, there are some things in threats to America, I don’t think has movement toward the Senate bill. here that worry me. One of the things been consistent with the law of war- Some of the provisions were left to be you have to do to delay notice or to fare. sunsetted in 4 years by the Senate bill. not notify someone under a 215 order is I will note, parenthetically, that it The House said they should be to have an agent certify that not doing became quite clear, as went through sunsetted in 10 years, so they would would result in a threat to America. It our hearings, that the Geneva Conven- stay in effect for 10 years before they is hard to certify that. Some people tions, which protect soldiers in lawful would have a full up-or-down review for think they will just say it anyway.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13958 CONGRESSIONAL RECORD — SENATE December 17, 2005 They can’t just say it anyway. These nowhere comes this full-fledged fili- Senator SESSIONS is a former U.S. at- are professionals. They know what the buster led by the Democratic side. Yes, torney. standards are. They know that we have there were four Republicans who voted We are not fighting crime here, we to have some proof to justify delayed against cloture. But only 2 of the 45 are fighting a war or terror. The PA- notice or non-notification. The notifi- Democrats voted to move the bill for- TRIOT Act is not about prosecuting cation question has to be so significant ward. It was basically blocked by the people who are involved in criminal en- that they can articulate and have proof Democratic Party. They had the votes terprises. The PATRIOT Act is about that it represents a threat to some- to block it. preventing the infiltration of our coun- body. I think that is too high a stand- It is disappointing. We need not to try by a foreign enemy who wants to ard in these kinds of rare cases involv- allow this to happen. I hope my col- blow us up and kill Americans. ing national security and the inves- leagues will review the bill, that they During World War II, the War Powers tigation of terrorism. will think about those agents out there Act was passed, and that makes this There is a show on one of the cable this very day trying to protect us from bill look like the ACLU. There were stations right now called ‘‘Sleeper harm, and that they will consider care- some very strong measures taken after Cell.’’ They have an undercover opera- fully their votes. Let’s move forward. Pearl Harbor, and they worked. The tive in one of these terrorist cells, and There is some thought that we can Germans and Japanese infiltrators he meets with them. That is something just moderate this bill some more, that were caught and our country, for the you would love to see. One time I saw we will just keep on weakening the most part, was not infiltrated. The FBI it. They had some hypothetical scene bill, and that will be the price to pay and other organizations did a mar- in which they said this was the only for passing it. I don’t think this bill velous job protecting us against ruth- sleeper cell that they had ever pene- needs to be weakened. I don’t think it less enemies, the Nazis and the Japa- trated. I don’t know how many sleeper needs to be undermined any more than nese. cells are penetrated today, but that is it is right now. It is a sound piece of This enemy is just as ruthless. We a hard thing to do. It is hard to get legislation, and I will oppose that. don’t have to pick and choose between somebody in one of these closed, I yield the floor. abandoning the rule of law and civil tightknit groups to know what they The PRESIDING OFFICER. The Sen- liberties. We don’t have to choose be- are doing. But if they do, they can go ator from South Carolina. tween letting people go or anything Mr. GRAHAM. Mr. President, I rise into the person’s house. They can go goes. That is not the choice. The PA- wherever they are invited to go with to echo what Senator SESSIONS just TRIOT Act is a balance. Here is what I the bad guys and record them if they said. I have tried to be involved with worry the most about: As we try to have a recorder. That is perfectly le- this detainee issue in as balanced a straighten out past mistakes, as we try gitimate under the law. But you don’t way as I can. I don’t want my country to come up with new policies, I worry often have that. And so how do you to go down the road of adopting the that we are slowly but surely losing protect America? tactics of our enemy. That has never You have to have records and docu- been the issue. We have had some peo- the idea that we are at war. That is be- ments. You have to be able to obtain ple who have done some bad things, ginning to fade, and we are approach- evidence. Someone says: This indi- and they have been prosecuted. But ing this problem we face called ter- vidual came into our neighborhood, our when you get editorials from major pa- rorism as if it were a domestic crimi- community, Mr. FBI Agent. I just pers such as the New York Times say- nal event. If we do that, our enemy will heard him talking. It sounded like he ing our troops routinely abuse people, have opportunities they do not deserve. was talking about maybe being a ter- that is ludicrous. There have been Our people will suffer. rorist. He sounded like he was involved thousands of people detained in this So count me in and sign me up for in terrorist talk. war. Some have been mistreated. We adhering to the law of armed conflict What does that agent need to do? He are prosecuting those people. We can and for maintaining the moral high needs to act quickly. What would be do better, but we will do better. We are ground. But I reject an effort to crim- one of the first things he would want to trying to get a grip on our policies so inalize what I think is world war III. do? He is in contact with other ter- that we cannot only live up to who we I yield the floor. rorist groups. Is he communicating are as a people but defend ourselves, (Mr. CHAMBLISS assumed the with terrorists around the world? How too. Chair.) would you find that out? You don’t This enemy knows no bounds. This Mr. SESSIONS. Mr. President, I will need to tap their phones. All you would enemy is a ruthless enemy. They train ask him to tell us how many years he really need to do is obtain a subpoena each other to allege abuse. That is part has been a U.S. Army JAG officer. He for telephone toll records. A local of the al-Qaida manual. They will say has been so familiar with all these county district attorney can subpoena anything. We want a process to make issues and has provided much leader- telephone toll records to investigate an sure that real allegations are dealt ship to it with some great ideas in re- individual on a marijuana charge. Why with honestly and that mere accusa- cent weeks on some of the amendments in the world couldn’t an FBI agent be tions do not require us to let these peo- he has offered. I think people need to able to get a subpoena for these records ple go and not be able to defend our- listen to what he said about the dif- if he certifies under oath that it is re- selves. ference between war and criminality. lated to a national security matter? This editorial refers to the so-called The President said at the beginning Then if you see a bunch of telephone war on terror. That is a mindset we that we cannot treat this as crime; this toll records between that individual need to reject. This is not a so-called is war. I think the Congress was all for and a known terrorist organization war. it. We all said ‘‘yes.’’ And now these somewhere, you know this is not just a I just got back from Iraq. It is a real issues arise again. I thank the Senator tip, this is the real thing. war. Five minutes before the polls for sharing that. I had one more ques- That is what goes on in our inves- opened, they lobbed a shell over where tion I wanted to raise with him. tigative agencies today. They are not we were staying. One marine was in- Mr. GRAHAM. I appreciate the com- out there trying to snoop on your or jured. It is a real war to him and to all pliment. I don’t want to defame the my phone calls. They would be bored the other people who have been wound- Army. I am in the Air Force. I have stiff listening to my phone calls. ed and to the families who have lost been in the Air Force as an Active- This legislation is sound. It has been their loved ones. It is a real war to the Duty Reserve lawyer for 20-something carefully debated. It came out of the 3,000 people killed on 9/11 and their years. By no means am I an inter- Senate 4 years ago with only one ‘‘no’’ families. It is a real event. We are at national expert, but I feel as though I vote. It has even more civil liberties war. am going to get a master’s degree in protections in it now than it did then. I am insistent that my country live this type of law when this is all over. We ought to be passing it. We don’t up to its obligations under treaties, the The bottom line is, I have a general un- need to allow this legislation to lapse. law of armed conflict. I am equally in- derstanding of how the law of armed I am chagrined that the leadership sistent that our law reflect we are at conflict works versus domestic crimi- was virtually ambushed. From out of war. nal law because that is what I used to

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13959 do. That is what I kind of still do. I un- balance here. When I go to the library, real heritage that came before us is derstand the difference between defen- I don’t want to be bothered. Let me tell Members of this body making the hard sive measures. Keeping an enemy from you, if there is a reason to believe choices—not easy choices, hard infiltrating a country is a different somebody is going to the library or choices—about priorities. We are at need than trying to domestically con- using everyday life in America as a such a point that this next year is trol the behavior of your own citizens. tool to infiltrate our country and do going to be a very difficult year for us Sometimes your own citizens jump damage, I think we have to have a bal- in terms of how we pay for a war, how sides and join the enemy. When they do ance because they are here. The Pre- we pay for Katrina, and the related that, I don’t have a lot of sympathy for siding Officer knows better than I that items we have an obligation to pay for, them. So we have a different task at they are here. The hijackers of 9/11 had and not diminish the opportunity and hand. multiple driver’s licenses. They know the future of our children and our This is not regulating U.S. domestic how to game the system. They know grandchildren. criminal enterprises. This is trying to how to get access to our technology I think we would be very wise to not stop an enemy that is hell-bent on and our science. If we don’t have the put the purity of our own process ahead coming back. And they are coming. common sense to have a balanced ap- of our basic morality and ethics of They are here. Thanks to fighting proach to get ahead of them, and if we maintaining the heritage this country them hard, we have stopped them for 4 play this game that this is crime and has. years. But it is inevitable that we are not a war, we are going to empower I will not say any more. I know we going to hit again. them beyond what is reasonable. are about to wrap up, and I appreciate Mr. SESSIONS. Will the Senator If we leave as a body and let this act the time. yield for one more question? expire because we cannot find common I yield the floor, and I suggest the ab- Mr. GRAHAM. Yes. ground, then I think we have done the sence of a quorum. Mr. SESSIONS. I was pleased to be country a great disservice, and the The PRESIDING OFFICER. The able to join with Senator GRAHAM and enemy would appreciate that. clerk will call the roll. The assistant legislative clerk pro- Senators LIEBERMAN, BAYH, BROWN- I yield the floor. ceeded to call the roll. BACK, and a number of other Senators, The PRESIDING OFFICER. The Sen- Mr. FRIST. Mr. President, I ask in forming a caucus or a group to treat ator from Oklahoma is recognized. unanimous consent the order for the the energy threats to this country as a Mr. COBURN. Mr. President, par- quorum call be rescinded. national security threat. Now I think liamentary inquiry: It is my under- The PRESIDING OFFICER (Mr. SES- it is unfortunate—and it is a complex standing—and I ask the Chair if this is correct—that a Presiding Officer, under SIONS). Without objection, it is so or- Senate that we are operating in dered. today—that ANWR legislation will be a the rules of the Senate, is not allowed part of that bill. I wish it did not have to engage in debate other than to ob- f to be, but things boiled down at the ject to motions in his capacity from CELEBRATING THE LIFE OF JIM end of the session to that way. I would the State from which he comes; is that SCHLINKMANN like to have the Senator share some correct? The PRESIDING OFFICER. Under Mr. REID. Mr. President, today I rise thoughts on the philosophy of that bi- the precedent of the Senate, the Pre- to honor the life of a public servant partisan group that energy is security siding Officer has no right to engage in who worked in one of the most beau- for our Nation. conversation with Senators on the tiful corners of Nevada, Great Basin Mr. GRAHAM. I thank the Senator floor. He should not participate in de- National Park. James ‘‘Jim’’ for the question. I think we have come bate. Schlinkmann was chief ranger of the to the conclusion, after $3-a-gallon gas, Mr. COBURN. OK. park and passed away while returning oil and gas prices are also good domes- The PRESIDING OFFICER. However, home from an assignment on the Na- tic politics because we all got our a Senator may vote from the chair. tional Park Service Team assisting heads handed to us at home. Everybody Mr. COBURN. I thank the Chair. In with Hurricane Wilma recovery. is upset. If you are working in South the earlier discussion we had, it was I met Jim several times at the park, Carolina making $7, $8, $10-an-hour and stated by the minority leader that the most recently during this year’s gas is $3 a gallon, it really hits home. Presiding Officer can debate from the Fourth of July weekend when I trav- What we came together on is trying to chair. I did not think that was right. In eled out to Baker, NV, for the grand find a political solution to the domes- fact, it is not correct. opening of the new Great Basin Visitor tic problem. What Senator SESSIONS in- I want to wrap up with a couple of Center. On that day, Jim personally dicated is that we came together on thoughts. We have had a lot of discus- presented me with a spectacular photo the fact that if we are this dependent sion this evening about process and of a Great Basin National Park icon, as a Nation on Mideast oil, fossil fuels, precedent and keeping your word. As an ancient bristlecone pine. 10 or 20 years from now, we have done we think about what that means to our I have an especially clear recollec- our Nation a disservice because our na- country, we ought to go a little further tion of that day, and of Jim, because tional security interest is best served back and think about the heritage that the opening of the new visitor center when we can be independent from has been given to this country by those was such a special event. Cowboy po- forces we cannot control. We should, as who came before us. I want to charac- etry was read, patriotic songs were a Nation, a long time ago have become terize a couple points of that. sung, and friends came together to cel- more energy independent. It is a na- One is doing whatever we have to do, ebrate the tremendous landscape that tional mistake, from a security per- including personal sacrifice, to assure exists at Great Basin National Park. spective, to have this much dependence opportunity and a great future for The picture that Jim presented to me on fossil fuels from a region that is this those who follow. is now hanging in my Reno office and volatile. It weakens our ability as a It seems to me, as we get hung up on is a joyful reminder of that day and of Nation to protect ourselves. a discussion of process, that we ought the last time I got to visit with Jim. In that regard, some Republicans and to pay as much attention to heritage. I I know from my conversations with Democrats have come up with a pro- mean by that, we are having trouble Jim and from the park’s super- posal to be aggressive to wean us off passing the Labor-HHS bill. It is the intendent that Jim loved the moun- Mideast foreign oil because it really first bill to come through this Senate tains of Great Basin National Park does hurt our national security inter- in a number of years that doesn’t have where he spent the last 5 years. He will est. We should not be this beholden to any earmarks on it. I suspect the rea- most definitely be remembered fondly any region of the world for everyday son people don’t want to vote for it is there. And I will remember his dedi- functions in this country. because they did not get the political cated public service at Great Basin and A final thought about the PATRIOT benefit of placing the public’s dollars all the many parks he served during his Act. Those who oppose it, I respect you to their own political advantage. 23-year career. for standing up for the American way, The other point is we hear debate Some of Jim’s many accomplish- civil liberties. But there has to be a that it does not supply enough. The ments include his expertise as a rock

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13960 CONGRESSIONAL RECORD — SENATE December 17, 2005 climber that allowed him to make ment, and car towing companies. Addi- vived would miss 3 weeks of work. This enormous contributions to the Na- tionally, she ensured that consumers lost productivity and decrease in con- tional Park Service technical rescue utilizing these services were protected. sumer spending could cause a $675 bil- program. Jim helped develop some of Sandy has met the needs of a rapidly lion reduction in U.S. gross domestic the first organized technical rescue growing public and shown her profes- product and move the Nation into a re- courses at Joshua Tree National Park sionalism and commitment to Nevada cession. and for 7 years was a lead instructor and its people. Perhaps the only thing more trou- for the National Park Service Tech- Those are a few of the many visible bling than the human and economic nical Rescue Course, which is taught contributions that Sandy made to the consequences of an avian flu pandemic annually at Canyonlands National community, but her most important is the fact that our Nation is dan- Park. contributions were made outside of the gerously unprepared to deal with it. Before coming to Great Basin, Jim public eye. Sandy was a founding mem- We are not dedicating enough re- served as the chief ranger at Devils ber and president of the Greater Las sources to global surveillance activi- Tower National Monument in Wyo- Vegas Women’s League. She is also a ties that allow us to detect and contain ming. The former superintendent of founding member of the International an outbreak of avian flu. Devils Tower recalls Jim as an out- Association of Transportation Regu- If we are unable to contain a pan- standing liaison to both the climbing lators, and a Community Advisory demic overseas, our strongest defense community and to the American In- Board at the University of Nevada, Las at home will be an effective vaccine. dian community. In addition to his Vegas. During her time in Nevada, However, our domestic vaccine manu- tours of duty at Great Basin, Joshua Sandy enrolled in various courses at facturing capacity is so inadequate it Tree and Devils Tower, Jim also served the National Judicial College and re- could take nearly a year to produce as a ranger at Shoshone National For- ceived certification as an administra- and distribute a vaccine. est, Denali National Park and Rocky tive law judge and mentor. From 1999 Effective drugs that can slow the Mountain National Park. through 2002, Sandy worked closely spread of a pandemic until a vaccine is Jim Schlinkmann was a man who with me in Washington, DC, creating developed are only available for 2 per- dedicated himself to protecting the congressional legislation to improve cent of our population. very best of America’s lands and who transportation in Nevada. Finally, all of these problems are represented the very best of America’s I have known Sandy for many years compounded by the fact that our public spirit. and recognize the many contributions health infrastructure cannot handle a I will miss seeing him on my next she has made to the community. pandemic and the medical community, visit to Great Basin National Park. Sandy’s hard work and character have businesses, and general public must be And I will be thinking about him the left a lasting impression on our State better prepared for a pandemic. next time I look up at the remarkable and community. All of these facts are reasons why Sandy recently retired from the Ne- snow-covered peaks of the south Snake Congress must immediately address vada State government, but I am sure Range. the avian flu threat and why the Sen- that she will continue working in pub- ate voted to do just that earlier this f lic service through her numerous vol- year. unteer positions. The State of Nevada COMMEMORATING THE ACHIEVE- I am troubled by reports that con- is fortunate to have Sandy Avants. I MENTS OF SANDY LEE AVANTS gressional Republicans are on the verge offer her my gratitude and wish her all Mr. REID. Mr. President, today I rise of approving about half of the amount the best as she embarks on new endeav- to honor a woman who has dedicated approved by the Senate. ors. herself to serving the people of Nevada Senator FRIST rightly pointed out and who has left a lasting impact f that the threat of pandemic flu is not through her work in government. FULL FUNDING FOR PANDEMIC and should not be a partisan issue. A Ms. Sandy Lee Avants was born and FLU PREPAREDNESS pandemic strain of flu will not distin- raised in Phoenix, AZ. Following grad- Mr. REID. Earlier today, Senator guish between Democrats or Repub- uation from Arizona State University, FRIST spoke about the importance of licans. she moved to Las Vegas. As a testa- preparing our Nation for the serious That is why I hope that Senator ment to Sandy’s character, within the and growing threat of an influenza pan- FRIST will stand with me and will con- first month of her residence in Las demic. tinue to fight for the full funding level Vegas, she immediately became in- Members of this body made pandemic approved by the Senate so our Govern- volved in the local community through flu a priority when it unanimously ment may begin to prepare and protect service clubs. adopted an $8 billion amendment to our Nation from this looming threat. Sandy has had success both in her combat avian flu offered by Senate f professional life and in public service. Democrats. Following a prosperous private busi- STEM CELL THERAPEUTIC AND I hope that Senator FRIST will join RESEARCH ACT ness enterprise, she began her career in me in standing by this commitment Nevada’s government when Senator and will work to ensure that Congress Mr. BROWNBACK. Mr. President, I Richard Bryan was serving as Gov- provides for the full $8 billion America rise to speak on the Stem Cell Thera- ernor. Governor Bryan then appointed needs to begin addressing this critical peutic and Research Act of 2005, which Sandy to be chairman of the State of issue before we adjourn. would establish a national cord blood Nevada’s Commission on Ethics in 1983 The avian flu has spread to 15 coun- stem cell bank. This legislation was and in 1986 appointed her as the admin- tries and killed 70 of the 137 individuals agreed to last night during wrap-up istrator of the Real Estate Division. In it has infected. Scientists are warning under unanimous consent. 1987, Sandy became the first woman to that it is only a matter of time before I would like to congratulate the ma- head a State law enforcement agency this virus mutates to a new strain that jority leader and all parties involved in when she became the administrator of will allow for sustained human-to- yesterday’s achievement, which re- the Taxicab Authority. human transmission and cause the sulted in passage of the cord blood bill. Sandy’s accomplishments came at a next pandemic. As you will recall, it was just 2 days time when Nevada needed them the The human and economic impact of ago that the other side, through the most. Her most recent appointment an influenza pandemic on our Nation junior Senator from Iowa, reaffirmed was to the Transportation Service Au- would be devastating. their objections to consideration of thority, TSA, in Nevada, where she According to a recent report by the this important legislation. served as the deputy commissioner, Congressional Budget Office, a severe Their objections, it seems, were not commissioner, and chairwoman. At flu pandemic could infect 90 million substantive as this legislation has been TSA, she administered and enforced U.S. residents and 2 million would die. championed by Members from both Nevada’s law related to passenger Thirty percent of the workforce sides of the aisle and as further evi- transportation, household goods move- would become ill and those who sur- denced by the lifting of objections and

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13961 the cord blood bill passing without any However, should the House send the On November 30, 2005, two local DC opposition. Passage without any oppo- bill to the President tonight—as we ex- TV stations reported on separate life sition in the Senate is truly rare. Rath- pect—a structure will go into effect saving cures emerging from umbilical er, the other side’s objections were tied that will immediately begin collecting cord blood stem cells. Channel 7 fo- to their support for additional funding cord blood units and making them cused on the Korean cord blood stem of highly controversial destructive available to Americans suffering from cell treatment for spinal cord injury human embryonic stem cell research, a variety of diseases from blood can- and the procedure’s first U.S. patient, a which despite sufficient funding and cers to neurological diseases. Without Virginia woman. years of research has yet to cure—or the structure that cord blood bill pro- Channel 4 highlighted two children in even treat—one human patient yet. vides, many fewer patients will benefit a local family—Riverdale, MD—cured Clearly, the other side wants a vote and some waiting on cord blood will of SCIDS—severe combined immune on their embryonic stem cell legisla- die. deficiency syndrome—also known as tion, which requires the destruction of To highlight this, I will share a few ‘‘bubble boy disease’’ by cord blood young human lives. On the other hand, stories of real people who have been from unrelated donors. I and many of my colleagues would successfully treated with cord blood And on October 23, 2005, the Chicago also like for us to have an up-or-down stem cells. Tribune reported: vote on the Human Cloning Prohibition The first story is of Keone Penn, a Cord blood is surprising researchers with Act or the Human Chimera Prohibition young man cured of sickle cell anemia previously unrecognized healing powers that Act, but we have been denied this by a disease that afflicts more than 70,000 go far beyond its known effectiveness the other side. There will be a time for Americans, particularly African Amer- against childhood leukemia and some other a vigorous debate on all of these issues icans. Keone, of course, tells his story disorders. Early research in animals suggests next year, and I look forward to engag- the best; so listen to his testimony be- that cord blood may provide a new bounty of fore a Senate Science Subcommittee cures and treatments for many other med- ing in that debate. ical conditions, including heart attack, Par- However, ethical, noncontroversial hearing that I chaired on June 12, 2003: kinson’s disease, stroke, Alzheimer’s disease, cord blood stem cell research should My name is Keone Penn. Two days ago, I muscular dystrophy, diabetes, spinal cord in- not have been made the political foot- turned 17 years old. Five years ago, they said jury and amyotrophic lateral sclerosis . . . ball that it was for the intervening I wouldn’t live to be 17. They said I’d be dead In May, the New England Journal of Medi- months between House passage of the within 5 years. I was born with sickle cell cine published a study showing that a cord bill in May and yesterday’s action in anemia. Sickle cell is a very bad disease. I blood transplant performed as soon as pos- had a stroke when I was 5 years old. Things the Senate. Once again, I would like to sible after birth can, for the first time, stop got even worse after that. My life has been the deadly course of Krabbe disease. commend all of my colleagues for full of pain crises, blood transfusions every depoliticizing the issue of cord blood. two weeks, and more times in the hospital There are thousands of testimonies of Patients will be benefited almost im- than I can count. The year before I had my the efficaciousness of cord blood stem mediately, and, yes, more kids’ lives stem cell transplant, I was in the hospital 13 cells. There are also innumerable new will be saved because we passed this times. I never was able to have a normal life. stories and medical journal articles on bill yesterday, rather than sometime My stem cell transplant was not easy, but I amazing advances in disease treat- next year. I applaud the other side for thank God that I’m still here. I will graduate ments in real human patients with from high school this year. I want to become recognizing this fact. cord blood stem cells. a chef because I love to cook. I think I’m There are more than ample, docu- Yesterday, the junior Senator from pretty good at it. Sickle cell is now a part of Iowa took to the floor and challenged my past. One year after my transplant, I was mented medical articles, on which I my statement from Thursday evening pronounced cured. Stem cells saved my life. base my claim that because the Senate that ‘‘more kids will die if we don’t It is important to realize though that acted and passed the cord blood bill take up the cord blood bill.’’ I would cord blood treats many other diseases. this week, more kids’ lives will be merely like to spend a few minutes Consider the story of Erik Haines, who saved. highlighting the truth of my state- received a successful cord blood stem As for speculative, destructive, ment. cell transplant to treat Krabbe disease. human embryonic stem cell research, Cord blood stem cell research in- Krabbe disease is an often fatal neuro- there is not yet even one patient trial volves the blood from human umbilical logical disease. This helps to illustrate with embryonic stem cells for any dis- cords. Cord blood contains a high num- how broadly effective cord blood stem ease; and it is not for lack of years of ber of pluripotent stem cells; and it is cells really are. research, prohibitions—there are currently treating real people and sav- Erik Haines made medical history at none—or lack of funding. It is because ing many lives. age 2 when he became one of the first embryonic stem cells form cancers and Contemplation of cord blood stem cord blood transplant patients at the tumors due to their immature state. cell’s therapeutic power is something University of Minnesota on July 24, Regarding destructive human embry- that many in my office are currently 1994. Erik had suffered from the genetic onic stem cell research, even the pres- contemplating, as at least five staff blood disorder Krabbe disease, from tigious journal Science acknowledged members or their spouses are expecting which his younger brother Adam died. on June 17, 2005, that: babies right now. We even thought that Since his umbilical cord blood trans- It is nearly certain that the clinical bene- one of them was coming a few nights plant, annual exams at the University fits of the research are years or decades ago, but it was a false alarm. of Minnesota are not full of foreboding away. This is a message that desperate fami- lies and patients will not want to hear. Unlike human embryonic stem cells, or anxiety; and check-ups with Erik’s which require the destruction of young pediatrician likewise seem routine. With last night’s passage of the Stem human beings, umbilical cord blood Also, like many boys, Erik enjoys base- Cell Therapeutic and Research Act, the stem cells are completely ethical as ball, soccer, and swimming. Erik’s fa- Senate formally recognized the life- their derivation and use results in no ther Paul Haines says: saving value of cord blood stem cell re- harm to any human beings. Cord blood The only real lasting effects are complica- search. I have worked closely with Sen- has incredible therapeutic power. tions from the radiation he received—small ator SPECTER over the past few years To better harness the power of cord cataracts. He wears glasses and has a little to appropriate nearly $20 million for blood, thereby saving more lives, the trouble seeing the board from the back of the the purpose of establishing a national cord blood bill that passed last night room. cord blood bank. And I am proud to be was essential. While I had worked Both Keone and Erik’s treatments an original cosponsor of the bipartisan closely with Senator SPECTER in chan- took place in the 1990s, and cord blood legislation that passed out of this neling appropriation funds to establish stem cell research has made even chamber last night. a national cord blood stem cell bank, greater progress since then. We learn of I am also proud that we were able to without the authorizing legislation, new, exciting developments every move in a bipartisan manner on this which we passed last night, these funds month. legislation. Working alongside Sen- did not have the necessary structure to Just 2 weeks ago, we heard about this ators HATCH, DODD, SPECTER, HARKIN, be effective. on local DC television stations. ENZI, and FRIST on this issue was a

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13962 CONGRESSIONAL RECORD — SENATE December 17, 2005 pleasure and helps to demonstrate that I am also disappointed that certain of including eight individuals who trav- the two parties can work together ef- my colleagues have seen fit to oppose eled to terrorist training camps in fectively. the conference report over a single Pakistan or Afghanistan between 1999 Everybody wins with cord blood stem issue—the appropriate standard of judi- and 2001. Six of the defendants have cell research. Patients win because cial review of the national security let- pleaded guilty and three were con- they receive successful treatments and ters nondisclosure provisions. These victed in March 2004 of charges includ- cures. Human dignity wins because opponents would ask courts to assess ing conspiracy to levy war against the cord blood stem cell research respects potential damage to national security United States and conspiracy to pro- all human life and does not kill the rather than the officials in our Govern- vide material support to the Taliban. young human embryo, as is the case ment in the intelligence and diplo- The USA PATRIOT Act was critical to with human-destructive embryonic matic community who are the only this case. stem cell research. ones capable of making such deter- In May of 2003, Ahmed Omar Abu Ali Cord blood doesn’t just hold promise. minations based on all available intel- was arrested after having sought out Cord blood is producing real treat- ligence and investigative information. and joined an al-Qaida cell in Medina, ments and even real cures for a variety While I am not pleased with every Saudi Arabia, where he received train- of maladies afflicting real people right provision of this final bill, some of ing in weapons, explosives, and docu- now. Passage of this bill should be cele- which I have just reviewed, on balance ment forgery. He, along with other brated, and I commend my colleagues I am satisfied that overall the final members of the cell, began to develop for this wonderful achievement. language agreed to represents a reaffir- plans for several potential terrorist at- I yield the floor. mation of the Nation’s commitment to tacks against the United States, in- Mr. CHAMBLISS. Mr. President, I modernization of our criminal and in- cluding a plot to assassinate President want to congratulate Chairman SPEC- telligence investigative laws and com- Bush. Abu Ali was recently convicted TER and Chairman ROBERTS for their monsense law enforcement in Federal district court. extraordinary work in forging a con- The USA PATRIOT Act provisions, On November 23, 2005, Uzair Paracha ference report on the reauthorization which Congress wisely passed following was convicted in New York of all five of certain provisions of the USA PA- the terrorist attacks on our soil and counts in an indictment that included TRIOT Act. I remain disappointed that the callous murder of innocent civil- charges of conspiracy and providing many concessions were made to minor- ians, have stood the test of time. The material support to al-Qaida. Paracha ity members of the conference which act’s provisions have helped to keep us traveled to the United States in Feb- not only did not result in their support safe and to protect our liberties which ruary 2003 to assist al-Qaida, including of the conference report but which, in were jeopardized, not by expanded gov- posing as a person Paracha knew to be my judgment, are unwise on the mer- ernmental authority, but by violent at- an al-Qaida associate, obtaining immi- its. On November 17, I wrote to the con- tacks against our way of life by terror- gration documents that would permit ferees identifying some of these unwise ists. that al-Qaida member to enter the concessions. They included: a three- Those who urge further changes and United States, and conducting finan- part test for relevance in section 215; further weakening are, in my judg- cial transactions involving the al- additional reporting requirements and ment, playing a dangerous political Qaida associate’s bank accounts. inspector general audit provisions; game, intended or not, at the expense The Department of Justice also in- sunsetting the ‘‘lone-wolf’’ wolf FISA of our national security and our per- dicted Mohammed Junaid Babar for warrant provisions; thirty day initial sonal liberties—liberties protected by material support of al-Qaida after he limit on delayed notice search war- the commonsense provisions of the PA- arranged for a month-long jihadi train- rants; applying minimization provi- TRIOT Act. Provisions of the act have ing camp, at which attendees received sions to subpoenas; and the deletion of been utilized to accomplish amazing training in basic military skills, explo- important death penalty provisions victories in the war on terrorism and sives and weapons. Among the which were contained in the House to keep us safe and free. Let me high- attendees were individuals who were version. light just a few from information pro- plotting to bomb targets abroad. Babar In my letter, I urged that no further vided by the Department of Justice: pleaded guilty to providing material concessions be made. Yet further con- The Department of Justice success- support, among other charges, and co- cessions were made. These additional fully dismantled a Portland, OR, terror operated with ongoing investigations. concessions include stripping a crimi- cell known as the ‘‘Portland Seven.’’ New York defense attorney Lynne nal penalty of up to 1 year imprison- Members of this terror cell had at- Stewart, Mohammed Yousry, and ment for a knowing and willful viola- tempted to travel to Afghanistan in Ahmed Abdel Sattar were recently con- tion of the nondisclosure provision of 2001 and 2002 to take up arms with the victed by a jury of material support national security letters. This makes a Taliban and al-Qaida against United charges in connection with passing mockery of the nondisclosure provision States and coalition forces fighting messages to a terrorist organization, itself. there. The USA PATRIOT Act informa- known as the Islamic Group, from Despite these significant accom- tion-sharing provisions were critical in Sheik Abdel Rahman, the Islamic modations which were made in the in- taking down the Portland cell. Group’s imprisoned leader. Abdel- terest of bipartisan compromise, I am The Department of Justice success- Rahman is serving a life sentence plus distressed to learn that, even now, cer- fully convicted members of an al-Qaida 65 years for his role in terrorist activi- tain of my colleagues are not only still cell in Lackawanna, NY, that involved ties, including the 1993 bombing of the opposing this bill, but are urging fur- several residents of Lackawanna who World Trade Center. Sattar was also ther delay, further compromise, and traveled to Afghanistan in 2001 to re- convicted of conspiring to kill persons further weakening of the bill. This ef- ceive training at an al-Qaida-affiliated in a foreign country and for solicita- fort should be soundly rejected by this camp near Kandahar. Five of the tion of crimes of violence. body. However, should there be a delay, Lackawanna Six pleaded guilty to pro- On October 24, 2005, the Department and the opportunity for additional viding material support to al-Qaida, of Justice announced the historic ex- changes to the conference report, I will and the sixth pleaded guilty to con- tradition of the notorious Taliban- urge that we revisit these ill-advised ducting transactions unlawfully with linked narcoterrorist Baz Mohammad. concessions already made and that al-Qaida. The USA PATRIOT Act infor- Mohammad has been indicted for alleg- they be deleted from the bill. That mation-sharing and national security edly manufacturing and distributing said, I hope that we do not go down letter provisions were critical to this tens of millions of dollars worth of her- that road. I hope that both sides will case. oin in Afghanistan and Pakistan. He rise above our particular preferences The Department of Justice success- was closely aligned with the Taliban for a perfect bill, and vote for the good fully prosecuted the so-called Virginia and other Islamic-extremist groups in of the Nation and its citizens who have Jihad case involving members of the Afghanistan, providing financial sup- been protected by this historic legisla- Dar al-Arqam Islamic Center, who port to the Taliban with proceeds from tion for the last 5 years. trained for jihad in Northern Virginia, heroin sales in the United States.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13963 John Walker Lindh, the ‘‘American He was sentenced to more than 11 years Uqaily, an Iraqi national, spoke of Taliban’’ captured on the battlefield in in prison. ‘‘going jihad,’’ and arranged to procure Afghanistan, pleaded guilty to sup- The broader information sharing pistols, machine guns, grenades and a porting the Taliban and has been sen- made possible by USA PATRIOT Act ‘‘tank missile,’’ while suggesting he tenced to 20 years in prison. As part of section 218 also assisted the prosecu- might target several Jewish schools in his plea agreement, Lindh has provided tion in San Diego of several persons in- the Nashville area. An undercover information about training camps and volved in an al-Qaida drugs-for-weap- agent completed the deal, posing as the fighting in Afghanistan. ons plot, which culminated in two weapons supplier, and the Iraqi na- Another potentially devastating at- guilty pleas. Two defendants, Muhamed tional agreed to pay $1,000 for two ma- tack was averted when Richard Reid, Abid Afridi and Ilyas Ali, admitted chine guns, ammunition and inert gre- the so-called shoe bomber, was foiled in that they conspired to distribute ap- nade components. The aspiring ter- his attempt to detonate a bomb on proximately five metric tons of hashish rorist was arrested on October 7, 2004, American Airlines flight 63 during and 600 kilograms of heroin originating and was sentenced on October 24, 2005, flight. Reid was charged as a trained in Pakistan to undercover U.S. law en- to 57 months in prison. terrorist for this attempted terrorist forcement officers. Additionally, they The PATRIOT Act has kept us free attack. He pled guilty to all charges admitted that they conspired to re- and kept us safe, and is doing so day in and was sentenced to life imprisonment ceive, as partial payment for the drugs, and day out. It is essential that this on January 30, 2003. four Stinger anti-aircraft missiles that Congress renew this historic legislation The Department of Justice success- they then intended to sell to the and I urge my colleagues to support fully detected and disrupted sinister Taliban, an organization they knew at the bill. We owe no less to the future plans in Lodi, CA. Hamid Hayat was in- the time to be affiliated with al-Qaida. generations of Americans and the free- dicted and charged with material sup- Afridi and Ali pleaded guilty to the fel- dom-loving peoples of the world. The port to terrorists after he allegedly at- ony charges of conspiracy to provide stakes are too high to ignore our obli- tended a terrorist training camp in material support to terrorists and con- gation. Pakistan in 2004 and returned to this spiracy to distribute heroin and hash- f country with the intent of committing ish. The lead defendant in the case is jihad against America. Additional asso- currently awaiting trial. ADDITIONAL STATEMENT ciates have been deported and one Section 218 of the PATRIOT Act was charged with two counts of lying to critical in the successful prosecution of TRIBUTE TO THE CARROLL Federal agents. Khaled Abdel Latif Dumeisi, who was COLLEGE FIGHTING SAINTS In United States v. Odeh, a convicted by a jury in January 2004 of naroterrorism case, investigators used illegally acting as an agent of the ∑ Mr. BURNS. Mr. President, I rise a court-issued delayed-notice search former government of Iraq as well as today to pay tribute to the best NAIA warrant to search an envelope mailed two counts of perjury. Before the gulf football team in the Nation. The Car- to a target of the investigation. The war, Dumeisi passed information on roll College Fighting Saints of Helena, search confirmed that the target was Iraqi opposition members located in MT, defeated the St. Francis Univer- operating an illegal money exchange to the United States to officers of the sity Cougars in Savannah, TN, earlier funnel money to the Middle East, in- Iraqi Intelligence Service stationed in today. cluding to an associate of an apparent the Iraqi mission to the United Na- The Saints beat the Cougars by a Islamic Jihad operative in Israel. The tions. During this investigation, intel- final score of 27–10 for their fourth delayed-notice provision allowed inves- ligence agents conducting surveillance straight NAIA National Championship. tigators to conduct the search without of Dumeisi pursuant to FISA coordi- Today’s ‘‘Rumble on the River’’ was compromising an ongoing wiretap on nated and shared information with law also a historic victory marking the the target and several confederates. enforcement agents and prosecutors in- first NAIA team to win four straight The information sharing between in- vestigating Dumeisi for possible crimi- national titles. Only one other team on telligence and law enforcement per- nal violations. Because of this coordi- any level of modern college football sonnel made possible by USA PATRIOT nation, law enforcement agents and has won four straight titles. Act section 218 was useful in the inves- prosecutors learned from intelligence The Saints’ defense entered today’s tigation of two Yemeni citizens, Mo- agents of an incriminating telephone game as the best in the Nation allow- hammed Ali Hasan Al-Moayad and conversation that took place in April ing an average of only nine points per Mohshen Yahya Zayed, who were 2003 between Dumeisi and a cocon- game this season. charged in 2003 with conspiring to pro- spirator. This phone conversation cor- We have some very talented football vide material support to al-Qaida and roborated other evidence that Dumeisi players in Montana at all levels of Hamas. Following their indictment, Al- was acting as an agent of the Iraqi gov- play. But today belongs to the Fight- Moayad and Zayed were extradited to ernment and provided a compelling ing Saints. the United States from Germany, and piece of evidence at his trial. As on any football team, each player both were convicted in March 2005 of The use of cigarette smuggling to has a role in the success or failure of conspiring to provide material support fund terrorism has been of grave con- the team. However, it is important to to a foreign terrorist organization. cern. On January 23, 2003, in United recognize those players who were indi- The Department of Justice used USA States v. Akhdar, et al., the Depart- vidually awarded for their efforts. All PATRIOT Act section 218 to gain ac- ment of Justice indicted members of an Americans like Kyle Baker, Casey cess to intelligence that facilitated the organization that smuggled low-taxed Crites, and Tyler Emmert contribute indictment of Enaam Amaout, the ex- and untaxed cigarettes from State to to the team’s success. ecutive director of the Illinois-based State to evade sales tax. The defend- Saints’ quarterback Tyler Emmert Benevolence International Foundation, ants produced counterfeit tax stamps, had thrown this season for 3,039 yards BIF. Arnaout had a long-standing rela- obtained counterfeit credit cards, and 32 touchdowns prior to entering to- tionship with Osama bin Laden and laundered money, obstructed justice, day’s game, becoming the NAIA career used his charity organization both to and committed arson, and many are leader in total offense. obtain funds illicitly from suspected of having links to and fi- He has accounted for 13,681 yards in unsuspecting Americans for terrorist nancing the terrorist organization his entire career and owns a record of organizations, such as al-Qaida, and to Hizballah. As the investigation has 50–3 as a starter for the Saints. Now serve as a channel for people to con- continued, additional indictments have that record is 51–3. tribute money knowingly to such been filed, and many defendants have Congratulations as well to Coach groups. Arnaout ultimately pleaded pleaded guilty to charges including Mike Van Diest and his staff as well as guilty to a racketeering charge, admit- RICO violations and material support. to Dr. Thomas Trebon, president of ting that he diverted thousands of dol- Investigators have also been able to Carroll College. lars from BIF to support Islamic mili- avert potentially devastating attacks What an impressive team. What an tant groups in Bosnia and Chechnya. on our children. Ahmed Hassan al- impressive run of seasons.∑

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13964 CONGRESSIONAL RECORD — SENATE December 17, 2005 MESSAGES FROM THE HOUSE current resolution, in which it requests Halls Crossroads, Tennessee)’’ (MB Docket the concurrence of the Senate: No. 03–120, RM–10591 and RM–10839) received At 6:27 p.m., a message from the on December 12, 2005; to the Committee on H. Con. Res. 324. Concurrent resolution di- House of Representatives, delivered by Commerce, Science, and Transportation. recting the Secretary of the Senate to make Ms. Niland, one of its reading clerks, EC–5033. A communication from the Legal announced that pursuant to clause 11 a technical correction in the enrollment of S. 1281. Advisor to the Bureau Chief, Media Bureau, of rule 1, the Speaker removes the gen- Federal Communications Commission, trans- tleman from Michigan, Mr. UPTON, as a The message further announced that mitting, pursuant to law, the report of a rule conferee on S. 1932 and appoints the the House agree to the amendment of entitled ‘‘Amendment of Section 73.202(b), gentleman from Texas, Mr. BARTON, to the Senate to the amendment of the Table of Allotments, FM Broadcast Stations fill the vacancy thereon, in the con- House to the bill (S. 467) to extend the (Rankin and Sanderson, Texas)’’ (MB Docket ference on the disagreeing votes of the applicability of the Terrorism Risk In- No. 02–253) received on December 12, 2005; to surance Act of 2002. the Committee on Commerce, Science, and two Houses on the amendment of the Transportation. House to the bill (S. 1932) to provide for The message also announced that the House agree to the report of the com- EC–5034. A communication from the Legal reconciliation pursuant to section Advisor to the Bureau Chief, Media Bureau, 202(a) of the concurrent resolution on mittee of conference on the disagreeing votes of the two Houses on the amend- Federal Communications Commission, trans- the budget for fiscal year 2006 (H. Con. mitting, pursuant to law, the report of a rule Res. 95). ment of the Senate to the bill (S. 1281) entitled ‘‘Amendment of Section 73.202(b), The message also announced that the to authorize appropriations for the Na- Table of Allotments, FM Broadcast Stations House agree to the amendment of the tional Aeronautics and Space Adminis- (Hornbeck, Louisiana, and Mojave and Senate to the bill (H.R. 3402) to author- tration for science, aeronautics, explo- Trona, California)’’ (MB Docket Nos. 05–46 ize appropriations for the Department ration, exploration capabilities, and and 05–109) received on December 12, 2005; to the Inspector General, and for other the Committee on Commerce, Science, and of Justice for fiscal years 2006 through Transportation. 2009, and for other purposes. purposes, for fiscal years 2006, 2007, The message further announced that 2008, 2009, and 2010. EC–5035. A communication from the Legal Advisor to the Bureau Chief, Media Bureau, f the House has agreed to the following Federal Communications Commission, trans- bills, in which it requests the concur- EXECUTIVE AND OTHER mitting, pursuant to law, the report of a rule rence of the Senate: COMMUNICATIONS entitled ‘‘Amendment of Section 73.202(b), H.R. 4519. An act to amend the Public Table of Allotments, FM Broadcast Stations Health Service Act to extend funding for the The following communications were (Terrebonne, Oregon)’’ (MB Docket No. 02– operation of State high risk health insurance laid before the Senate, together with 123) received on December 12, 2005; to the pools. accompanying papers, reports, and doc- Committee on Commerce, Science, and H.R. 4525. An act to temporarily extend the uments, and were referred as indicated: Transportation. programs under the Higher Education Act of EC–5028. A communication from the Legal EC–5036. A communication from the Legal 1965, and for other purposes. Advisor to the Bureau Chief, Media Bureau, Advisor to the Bureau Chief, Media Bureau, H.R. 4568. An act to improve proficiency Federal Communications Commission, trans- Federal Communications Commission, trans- testing of clinical laboratories. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule H.R. 4579. An act to amend title I of the entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Amendment of Section 73.202(b), Employee Retirement Income Security Act Table of Allotments, FM Broadcast Stations Table of Allotments, FM Broadcast Stations of 1974, title XXVII of the Public Health (Cambridge, Newark, St. Michaels, and (Bass River Township and Ocean City, New Service Act, and the Internal Revenue Code Stockton, Maryland and Chincoteague, Vir- Jersey)’’ (MB Docket No. 05–188) received on of 1986 to extend by one year provisions re- ginia)’’ (MB Docket No. 04–20) received on December 12, 2005; to the Committee on Com- quiring parity in the application of certain December 12, 2005; to the Committee on Com- merce, Science, and Transportation. limits to mental health benefits. merce, Science, and Transportation. EC–5037. A communication from the Legal f EC–5029. A communication from the Legal Advisor to the Bureau Chief, Media Bureau, Advisor to the Bureau Chief, Media Bureau, ENROLLED BILLS SIGNED Federal Communications Commission, trans- Federal Communications Commission, trans- mitting, pursuant to law, the report of a rule The message also announced that the mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), Speaker has signed the following en- entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations rolled bills: Table of Allotments, FM Broadcast Stations (Milner, Ellaville, and Plains, Georgia)’’ (MB (Mt. Enterprise, Texas and Hodge, Lou- Docket No. 05–106) received on December 12, H.R. 4324. An act to amend the Robert T. isiana)’’ (MB Docket No. 05–34) received on 2005; to the Committee on Commerce, Stafford Disaster Relief and Emergency As- December 12, 2005; to the Committee on Com- Science, and Transportation. sistance Act to reauthorize the predisaster merce, Science, and Transportation. EC–5038. A communication from the Legal mitigation program, and for other purposes. EC–5030. A communication from the Legal Advisor to the Bureau Chief, Media Bureau, H.R. 4340. An act to implement the United Advisor to the Bureau Chief, Media Bureau, Federal Communications Commission, trans- States-Bahrain Free Trade Agreement. Federal Communications Commission, trans- mitting, pursuant to law, the report of a rule H.R. 4436. An act to provide certain au- mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), thorities for the Department of State, and entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations for other purposes. Table of Allotments, FM Broadcast Stations (Wilmington, Mount Sterling, Zanesville, (Connersville, Madison, and Richmond, Indi- Under authority of the order of the and Baltimore, Ohio)’’ (MB Docket No. 04– ana, Erlanger and Lebanon, Kentucky, and Senate of today, December 17, 2005, the 161) received on December 12, 2005; to the Norwood, Ohio; and Lebanon, Lebanon Junc- enrolled bills were signed subsequently Committee on Commerce, Science, and tion, New Haven, and Springfield, Ken- by the Majority Leader (Mr. FRIST). Transportation. tucky)’’ (MB Docket No. 05–17) received on EC–5039. A communication from the Senior At 7:25 p.m., a message from the December 12, 2005; to the Committee on Com- merce, Science, and Transportation. Legal Advisor, Chief Media Bureau, Federal House of Representatives, delivered by EC–5031. A communication from the Legal Communications Commission, transmitting, Ms. Niland, one of its reading clerks, Advisor to the Bureau Chief, Media Bureau, pursuant to law, the report of a rule entitled announced that the House has passed Federal Communications Commission, trans- ‘‘Digital Television Distributed Trans- the following bill and joint resolution, mitting, pursuant to law, the report of a rule mission Systems’’ (FCC 05–192, MB 05–312) re- in which it requests the concurrence of entitled ‘‘Amendment of Section 73.202(b), ceived on December 12, 2005; to the Com- the Senate: Table of Allotments, FM Broadcast Stations mittee on Commerce, Science, and Transpor- (Eminence, Potosi, Rolla, Lebanon and Linn, tation. H.R. 4437. An act to amend the Immigra- Missouri)’’ (MB Docket No. 01–151) received EC–5040. A communication from the Dep- tion and Nationality Act to strengthen en- on December 12, 2005; to the Committee on uty Chief, Policy and Rules Division, Office forcement of the immigration laws, to en- Commerce, Science, and Transportation. of Engineering and Technology, Federal hance border security, and for other pur- EC–5032. A communication from the Legal Communications Commission, transmitting, poses. Advisor to the Bureau Chief, Media Bureau, pursuant to law, the report of a rule entitled H.J. Res. 75. Joint resolution making fur- Federal Communications Commission, trans- ‘‘Requirements for Digital Television Re- ther continuing appropriations for the fiscal mitting, pursuant to law, the report of a rule ceiving Capability’’ (ET Docket No. 05–24) re- year 2006, and for other purposes. entitled ‘‘Amendment of Section 73.202(b), ceived on December 12, 2005; to the Com- The message also announced that the Table of Allotments, FM Broadcast Stations mittee on Commerce, Science, and Transpor- House has agreed to the following con- (Lake City, Chattanooga, Harrogate, and tation.

VerDate Aug 31 2005 05:54 Dec 29, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17DE5.REC S17DE5 hmoore on PROD1PC68 with CONG-REC-ONLINE December 17, 2005 CONGRESSIONAL RECORD — SENATE S13965 EC–5041. A communication from the Assist- fice of the President, transmitting, pursuant ADDITIONAL COSPONSORS ant Bureau Chief, Enforcement Bureau, Fed- to law, the Office of the U.S. Trade Rep- eral Communications Commission, transmit- resentative’s Buy American Report for fiscal S. 2082 ting, pursuant to law, the report of a rule en- year 2004; to the Committee on Finance. At the request of Mr. BAUCUS, his titled ‘‘Review of the Emergency Alert Sys- EC–5051. A communication from the Com- name was added as a cosponsor of S. tem’’ (EB Docket No. 04–296, FCC 05–191) re- missioner, Social Security Administration, 2082, a bill to amend the USA PA- ceived on December 12, 2005; to the Com- transmitting, pursuant to law, a report enti- TRIOT Act to extend the sunset of cer- tled ‘‘Report on Improvements to the Enu- mittee on Commerce, Science, and Transpor- tain provisions of that Act and the lone tation. meration at Birth Process’’; to the Com- EC–5042. A communication from the Asso- mittee on Finance. wolf provision of the Intelligence Re- ciate Bureau Chief, Wireless Telecommuni- EC–5052. A communication from the Regu- form and Terrorism Prevention Act of cations Bureau, Federal Communications lations Coordinator, Centers for Medicare 2004 to March 31, 2006. Commission, transmitting, pursuant to law, and Medicaid Services, Department of AMENDMENT NO. 2681 the report of a rule entitled ‘‘Improving Pub- Health and Human Services, transmitting, At the request of Mr. KENNEDY, his lic Safety Communications in the 800 MHz pursuant to law, the report of a rule entitled Band’’ (WT Docket No. 02–55, FCC 05–174) re- ‘‘Medicare Program; Coverage and Payment name was added as a cosponsor of ceived on December 12, 2005; to the Com- of Ambulance Services; Inflation Update for amendment No. 2681 proposed to H.R. mittee on Commerce, Science, and Transpor- Calendar Year 2006’’ (RIN0938–AN99) received 3402, a bill to authorize appropriations tation. on December 16, 2005; to the Committee on for the Department of Justice for fiscal EC–5043. A communication from the Assist- Finance. years 2006 through 2009, and for other ant Chief, Wireline Competition Bureau, EC–5053. A communication from the Regu- purposes. Federal Communications Commission, trans- lations Coordinator, Centers for Medicare mitting, pursuant to law, the report of a rule and Medicaid Services, Department of f Health and Human Services, transmitting, entitled ‘‘In the Matter of Federal-State MAKING FURTHER CONTINUING Joint Board on Universal Service, Schools pursuant to law, the report of a rule entitled and Libraries Universal Service Support ‘‘Medicare Program; Application of Inherent APPROPRIATIONS FOR THE FIS- Mechanism, Rural Health Care Support Reasonableness Payment Policy to Medicare CAL YEAR 2006 Mechanism, Lifeline and Link-up, Order in Part B Services (Other Than Physician Serv- Mr. FRIST. Mr. President, I ask CC Docket Nos. 96–45, 02–6, WC Docket Nos. ices)’’ (RIN0938–AN81) received on December unanimous consent the Senate proceed 02–60, 03–109’’ (FCC 05–178) received on De- 16, 2005; to the Committee on Finance. cember 12, 2005; to the Committee on Com- EC–5054. A communication from the Acting to H.J. Res. 75, the continuing resolu- merce, Science, and Transportation. Chief, Publications and Regulations Branch, tion, which is at the desk; provided fur- EC–5044. A communication from the Prin- Internal Revenue Service, Department of the ther that the resolution be read three cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the times and passed, and the motion to re- of Policy, Economics, and Innovation, Envi- report of a rule entitled ‘‘Clean Renewable consider be laid on the table. ronmental Protection Agency, transmitting, Energy Bond Notice’’ (Notice 2005–98) re- The PRESIDING OFFICER. Without ceived on December 16, 2005; to the Com- pursuant to law, the report of a rule entitled objection, it is so ordered. ‘‘Approval and Promulgation of Implementa- mittee on Finance. tion Plans and Operating Permits Program; EC–5055. A communication form the Assist- The resolution (H.J. Res. 75) was read State of Iowa’’ (FRL8010–9) received on De- ant Secretary of Defense (Special Oper- the third time and passed. cember 16, 2005; to the Committee on Envi- ations/Low-Intensity Conflict), transmitting f ronment and Public Works. pursuant to law, the Fiscal Year 2005 annual EC–5045. A communication from the Prin- report on the Regional Defense Counter- AUTHORITY TO SIGN cipal Deputy Associate Administrator, Office terrorism Fellowship Program; to the Com- Mr. FRIST. Mr. President, I ask of Policy, Economics, and Innovation, Envi- mittee on Armed Services. ronmental Protection Agency, transmitting, EC–5056. A communication from the Publi- unanimous consent that during the ad- pursuant to law, the report of a rule entitled cations Control Officer, Department of the journment of the Senate, the majority ‘‘List of Hazardous Air Pollutants, Petition Army, Department of Defense, transmitting, leader be authorized to sign duly en- Process, Lesser Quantity Designations, pursuant to law, the report of a rule entitled rolled bills or joint resolutions. Source Category List’’ (FRL8009–5) received ‘‘Armed Forces Disciplinary Control Boards The PRESIDING OFFICER. Without on December 16, 2005; to the Committee on and Off-Installation Liaison and Operations’’ objection, it is so ordered. Environment and Public Works. (RIN0702–AA50) received on December 16, EC–5046. A communication from the Prin- 2005; to the Committee on Armed Services. f EC–5057. A communication from the Chair- cipal Deputy Associate Administrator, Office EXECUTIVE SESSION of Policy, Economics, and Innovation, Envi- man, Federal Election Commission, trans- ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled entitled ‘‘State, District, and Local Party ‘‘NESHAP: National Emission Standards for Committee Payment of Certain Salaries and EXECUTIVE CALENDAR Hazardous Air Pollutants: Standards for Wages’’ (Notice 2005–27) received on Decem- Mr. FRIST. I ask unanimous consent Hazardous Air Pollutants for Hazardous ber 16, 2005; to the Committee on Rules and that the Senate immediately proceed Administration. Waste Combustors’’ (FRL8009–3) received on to executive session to consider the fol- December 16, 2005; to the Committee on En- EC–5058. A communication from the Chair- vironment and Public Works. man, Federal Election Commission, trans- lowing nominations on today’s Execu- EC–5047. A communication from the Prin- mitting, pursuant to law, the report of a rule tive Calendar: Calendar No. 213, 365, cipal Deputy Associate Administrator, Office entitled ‘‘Electioneering Communications’’ 374, 383, 425, 426, 442, 465, 466, 467, 468, of Policy, Economics, and Innovation, Envi- (Notice 2005–29) received on December 16, 470, 473, 474, 475, 476, 477, 478, 479, 480, ronmental Protection Agency, transmitting, 2005; to the Committee on Rules and Admin- 481, 482; provided further that the Com- pursuant to law, the report of a rule entitled istration. EC–5059. A communication from the Chair- merce Committee be discharged from ‘‘TSCA Inventory Update Reporting Par- further consideration of the following tially Exempted Chemicals List Addition of man, Federal Election Commission, trans- Certain Aluminum Alkyl Chemicals’’ mitting, pursuant to law, the report of a rule nominations and the Senate proceed to (FRL7732–6) received on December 16, 2005; to entitled ‘‘Extension of Administrative Fines these en bloc: PN1119, PN1120, PN1121, the Committee on Environment and Public Program’’ (Notice 2005–30) received on De- PN1122. I further ask unanimous con- Works. cember 16, 2005; to the Committee on Rules sent that the nominations be con- EC–5048. A communication from the Prin- and Administration. firmed en bloc, the motions to recon- cipal Deputy Associate Administrator, Office f sider be laid on the table, the President of Policy, Economics, and Innovation, Envi- ronmental Protection Agency, transmitting, INTRODUCTION OF BILLS AND be immediately notified of the Senate’s pursuant to law, the report of a rule entitled JOINT RESOLUTIONS action and the Senate then return to ‘‘TSCA Inventory Update Reporting Revi- The following bills and joint resolu- legislative session. sions’’ (FRL7743–9) received on December 16, tions were introduced, read the first The PRESIDING OFFICER. Without 2005; to the Committee on Environment and and second times by unanimous con- objection, it is so ordered. Public Works. sent, and referred as indicated: The nominations considered and con- EC–5049. A communication from the Presi- firmed en bloc are as follows: dent, National Center for Policy Analysis, By Mr. BENNETT (for himself and Mr. transmitting, the Center’s Third Quarter Re- SCHUMER): ENVIRONMENTAL PROTECTION AGENCY port; to the Committee on Finance. S. 2141. A bill to make improvements to Susan P. Bodine, of Maryland, to be Assist- EC–5050. A communication from the United the Federal Insurance Deposit Act; consid- ant Administrator, Office of Solid Waste, En- States Trade Representative, Executive Of- ered and passed. vironmental Protection Agency.

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13966 CONGRESSIONAL RECORD — SENATE December 17, 2005

DEPARTMENT OF COMMERCE DEPARTMENT OF THE TREASURY Michael W. Albert, 0000 Santanu K. Baruah, of Oregon, to be As- Antonio Fratto, of Pennsylvania, to be an Ryan D. Allain, 0000 sistant Secretary of Commerce for Economic Assistant Secretary of the Treasury. Brian R. Anderson, 0000 Jeff M. Aparicio, 0000 Development. DEPARTMENT OF COMMERCE David L. Arritt, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES David M. Spooner, of Virginia, to be an As- Reginald I. Baird, 0000 John O. Agwunobi, of Florida, to be an As- sistant Secretary of Commerce. Jonathan D. Baker, 0000 sistant Secretary of Health and Human Serv- EXECUTIVE OFFICE OF THE PRESIDENT Alain V. Balmaceda, 0000 ices. Richard T. Crowder, of Virginia, to be Clifford R. Bambach, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES Chief Agricultural Negotiator, Office of the Timothy J. Barelli, 0000 John O. Agwunobi, of Florida, to be Med- United States Trade Representative, with Michelle C. Bas, 0000 ical Director in the Regular Corps of the the rank of Ambassador. Lamont S. Bazemore, 0000 Public Health Service, subject to the quali- IN THE COAST GUARD Carolyn M. Beatty, 0000 fications therefore as provided by law and Jason L. Beatty, 0000 regulations. The following named officer for appoint- Anne M. Becker, 0000 ment to the grade indicated in the United NATIONAL TRANSPORTATION SAFETY BOARD Eric M. Belleque, 0000 States Coast Guard Reserve under title 10, Kailie J. Benson, 0000 Mark V. Rosenker, of Maryland, to be a U.S.C., section 12203(a): Member of the National Transportation Scott D. Benson, 0000 To be captain Safety Board for a term expiring December John Berry, 0000 31, 2010. (Reappointment) James R. Montgomery, 0000 Robert H. Bickerstaff, 0000 Kathryn Higgins, of South Dakota, to be a The following named officer for appoint- Jeffrey B. Bippert, 0000 Member of the National Transportation ment to the grade indicated in the United Chad E. Bland, 0000 Safety Board for a term expiring December States Coast Guard under title 14, U.S.C., Christopher L. Boes, 0000 31, 2009. section 276: Elizabeth A. Booker, 0000 Curtis E. Borland, 0000 DEPARTMENT OF ENERGY To be commander Mark A. Bottiglieri, 0000 Jeffrey D. Jarrett, of Pennsylvania, to be Richard E. Petherbridge, 0000 Joseph R. Bowes, 0000 an Assistant Secretary of Energy (Fossil En- The following named officers for appoint- Russell E. Bowman, 0000 ergy). ment to the grade indicated in the United Thomas L. Boyles, 0000 DEPARTMENT OF JUSTICE States Coast Guard under title 14, U.S.C., Sean T. Brady, 0000 Catherine Lucille Hanaway, of Missouri, to section 271: Rachael B. Bralliar, 0000 be United States Attorney for the Eastern To be commander Lance J. Brant, 0000 District of Missouri for the term of four Paul Brooks, 0000 Benes Z. Aldana, 0000 years. Andy S. Brown, 0000 Robert J. Backhaus, 0000 Heath M. Brown, 0000 EXECUTIVE OFFICE OF THE PRESIDENT Robert E Bailey, 0000 Thomas R. Brown, 0000 Dale W. Meyerrose, of Indiana, to be Chief Christopher A. Bartz, 0000 Timothy T. Brown, 0000 Information Officer, Office of the Director of Emile R. Benard, 0000 William A. Budovec, 0000 National Intelligence. (New Position) David C. Billburg, 0000 Marc A. Burd, 0000 FEDERAL TRADE COMMISSION Elizabeth D. Blow, 0000 Richard J. Burke, 0000 Francis T. Boross, 0000 William E. Kovacic, of Virginia, to be a Travis L. Burns, 0000 James M. Boyer, 0000 Federal Trade Commissioner for a term of Victor G. Buskirk, 0000 Michael C. Brady, 0000 seven years from September 26, 2004, Colin E. Campbell, 0000 Craig S. Breitung, 0000 J. Thomas Rosch, of California, to be a Donald B. Campbell, 0000 Jeffrey M. Brockus, 0000 Federal Trade Commissioner for the term of Clinton S. Carlson, 0000 seven years from September 26, 2005. Jacob E. Brown, 0000 f NATIONAL FOUNDATION ON THE ARTS AND THE Scott A. Budka, 0000 HUMANITIES Matthew C. Callan, 0000 Nicholas D. Caron, 0000 LEGISLATIVE SESSION Bruce Cole, of Indiana, to be Chairperson Jeffrey T. Carter, 0000 of the National Endowment for the Human- The PRESIDING OFFICER. Under David K. Chareonsuphiphat, 0000 ities for a term of four years. (Reappoint- the previous order, the Senate will re- Joseph A. Chop, 0000 ment) turn to legislative session. Richard S. Craig, 0000 DEPARTMENT OF EDUCATION David H. Cronk, 0000 f Stephanie Johnson Monroe, of Virginia, to Mark T. Cunningham, 0000 be Assistant Secretary for Civil Rights, De- Anthony C. Curry, 0000 FEDERAL DEPOSIT INSURANCE partment of Education. Kenneth D. Dahlin, 0000 ACT AMENDMENTS UNITED STATES AGENCY FOR INTERNATIONAL John M. Danaher, 0000 Mr. FRIST. Mr. President, I ask DEVELOPMENT Christopher L. Day, 0000 unanimous consent that the Senate Donald A. Gambatesa, of Virginia, to be In- Ronald R. Dewitt, JR, 0000 proceed to the immediate consider- Jeffrey F. Dixon, 0000 spector General, United States Agency for ation of S. 2141 introduced earlier International Development. Brian J. Downey, 0000 David A. Drake, 0000 today. DEPARTMENT OF STATE Darren A. Drury, 0000 The PRESIDING OFFICER. The Marilyn Ware, of Pennsylvania, to be Am- Kevin P. Dunn, 0000 clerk will report the bill by title. bassador Extraordinary and Plenipotentiary Andrew G. Dutton, 0000 The assistant legislative clerk read of the United States of America to Finland. James L. Duval, 0000 as follows: MERIT SYSTEMS PROTECTION BOARD David W. Edwards, 0000 A bill (S. 2141) to make improvements to Eric S. Ensign, 0000 Mary M. Rose, of North Carolina, to be a the Federal Deposit Insurance Act. Member of the Merit SystemsProtection Brad J. Ervin, 0000 Board for the term of seven years expiring David M. Flaherty, 0000 There being no objection, the Senate March 1, 2011. Eric J. Ford, 0000 proceeded to consider the bill. DEPARTMENT OF HOMELAND SECURITY Theodore B. Gangsei, 0000 Mr. FRIST. Mr. President, I ask Timothy J. Gilbride, 0000 George W. Foresman, of Virginia, to be unanimous consent that the bill be Brian S. Gilda, 0000 Under Secretary for Preparedness, Depart- read a third time and passed, the mo- Joseph J. Gleason, 0000 ment of Homeland Security, tion to reconsider be laid upon the Thomas J. Glynn, 0000 IN THE COAST GUARD Mark E. Hammond, 0000 table, and any statement related to the The following named officer for appoint- David C. Hartt, 0000 bill be printed in the RECORD. ment in the United States Coast Guard Re- Charles A. Hatfield, 0000 The PRESIDING OFFICER. Without serve to the grade indicated under Title 10, The following named officers for appoint- objection, it is so ordered. U.S.C., section 12203: ment to the grade indicated in the United The bill (S. 2141) was read the third To be rear admiral (lower half) States Coast Guard under title 14, U.S.C., time and passed, as follows: Capt. Michael R. Seward, 0000 section 271: S. 2141 DEPARTMENT OF COMMERCE To Be lieutenant commander Be it enacted by the Senate and House of Rep- David Steele Bohigian, of Missouri, to be Stephen Adler, 0000 resentatives of the United States of America in an Assistant Secretary of Commerce. Kristina M. Ahmann, 0000 Congress assembled,

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13967 SECTION. 1. TREATMENT OF CERTAIN AGREE- (A) in subclause (I)— SEC. 3. FEDERAL DEPOSIT INSURANCE COR- MENTS BY CONSERVATORS OR RE- (i) by striking ‘‘or precious metals’’ and in- PORATION IMPROVEMENT ACT OF CEIVERS OF DEPOSITORY INSTITU- serting ‘‘, precious metals, or other com- 1991. TIONS. (a) ENFORCEABILITY OF BILATERAL NETTING modity’’; and (a) DEFINITION OF SECURITIES CONTRACT.— CONTRACTS.—Section 403 of the Federal De- (ii) by striking ‘‘or a weather swap, weath- (1) FDIC-INSURED DEPOSITORY INSTITU- posit Insurance Corporation Improvement er derivative, or weather option’’ and insert- TIONS.—Section 11(e)(8)(D)(ii) of the Federal Act of 1991 (12 U.S.C. 4403) is amended— Deposit Insurance Act (12 U.S.C. ing ‘‘weather swap, option, future, or forward (1) in each of subsections (a) and (f), by 1821(e)(8)(D)(ii)) is amended— agreement; an emissions swap, option, fu- striking ‘‘paragraphs (8)(E), (8)(F), and (A) in subclause (I)— ture, or forward agreement; or an inflation (10)(B) of’’ each place that term appears; and (i) by striking ‘‘mortgage loan, or’’ and in- swap, option, future, or forward agreement’’; (2) in subsection (a), by inserting ‘‘termi- serting ‘‘mortgage loan,’’; and (B) in subclause (II)— nated, liquidated, accelerated, and’’ after (ii) by inserting before the semicolon (i) by inserting ‘‘or other derivatives’’ after ‘‘institutions shall be’’. ‘‘(whether or not such repurchase or reverse ‘‘dealings in the swap’’; and (b) ENFORCEABILITY OF CLEARING ORGANIZA- repurchase transaction is a ‘repurchase (ii) by striking ‘‘future, or option’’ and in- TION NETTING CONTRACTS.—Section 404 of the agreement’, as defined in clause (v))’’; serting ‘‘future, option, or spot transaction’’; Federal Deposit Insurance Corporation Im- (B) in subclause (IV)— and provement Act of 1991 (12 U.S.C. 4404) is (i) by inserting ‘‘(including by novation)’’ (C) by striking ‘‘the Securities Act of 1933, amended— after ‘‘the guarantee’’; and the Securities Exchange Act of 1934, the Pub- (1) in each of subsections (a) and (h), by (ii) by inserting before the semicolon lic Utility Holding Company Act of 1935, the striking ‘‘paragraphs (8)(E), (8)(F), and ‘‘(whether or not such settlement is in con- Trust Indenture Act of 1939, the Investment (10)(B) of’’ each place that term appears; and nection with any agreement or transaction Company Act of 1940, the Investment Advis- (2) in subsection (a), by inserting ‘‘termi- referred to in subclauses (I) through (XII) ers Act of 1940, the Securities Investor Pro- nated, liquidated, accelerated, and’’ after (other than subclause (II))’’; tection Act of 1970, the Commodity Exchange ‘‘organization shall be’’. (C) in subclause (IX), by striking ‘‘or Act, the Gramm-Leach-Bliley Act, and the SEC. 4. CONFORMING AMENDMENTS. (VIII)’’ each place that term appears and in- Legal Certainty for Bank Products Act of (a) CLARIFYING DEFINITIONS.—Title 11, serting ‘‘(VIII), (IX), or (X)’’; 2000’’ and inserting ‘‘the Gramm-Leach-Bli- United States Code, is amended— (D) by redesignating subclauses (VI) ley Act, the Legal Certainty for Bank Prod- (1) in section 101— through (X) as subclauses (VIII) through ucts Act of 2000, the securities laws (as that (A) in paragraph (22)(A)— (XII), respectively; and term is defined in section 3(a)(47) of the Se- (i) by striking ‘‘(domestic or foreign)’’ (E) by inserting after subclause (V) the fol- curities Exchange Act of 1934) and the Com- after ‘‘an entity’’; and lowing: modity Exchange Act’’. (ii) by inserting ‘‘(whether or not a ‘cus- tomer’, as defined in section 741)’’ after ‘‘cus- ‘‘(VI) means any extension of credit for the (2) INSURED CREDIT UNIONS.—Section todian for a customer’’; clearance or settlement of securities trans- 207(c)(8)(D)(vi) of the Federal Credit Union (B) in paragraph (22A)— actions; Act (12 U.S.C. 1787(c)(8)(D)(vi)) is amended— (i) by striking ‘‘on any day during the pre- ‘‘(VII) means any loan transaction coupled (A) in subclause (I)— vious 15-month period’’ each place it appears with a securities collar transaction, any pre- (i) by striking ‘‘or precious metals’’ and in- and inserting ‘‘at such time or on any day paid securities forward transaction, or any serting ‘‘, precious metals, or other com- during the 15-month period preceding the total return swap transaction coupled with a modity’’; and date of the filing of the petition’’; and securities sale transaction;’’. (ii) by striking ‘‘or a weather swap, weath- (ii) by inserting ‘‘(aggregated across (2) INSURED CREDIT UNIONS.—Section er derivative, or weather option’’ and insert- counterparties)’’ after ‘‘principal amount 207(c)(8)(D)(ii) of the Federal Credit Union ing ‘‘weather swap, option, future, or forward Act (12 U.S.C. 1787(c)(8)(D)(ii)) is amended— outstanding’’; agreement; an emissions swap, option, fu- (C) in paragraph (25)(A)— (A) in subclause (I)— ture, or forward agreement; or an inflation (i) by striking ‘‘mortgage loan, or’’ and in- (i) by inserting ‘‘, as defined in section 761’’ swap, option, future, or forward agreement’’; after ‘‘commodity contract’’; and serting ‘‘mortgage loan,’’; and (B) in subclause (II)— (ii) by inserting before the semicolon (ii) by striking ‘‘repurchase transaction, (i) by inserting ‘‘or other derivatives’’ after reverse repurchase transaction,’’ and insert- ‘‘(whether or not such repurchase or reverse ‘‘dealings in the swap’’; and repurchase transaction is a ‘repurchase ing ‘‘repurchase or reverse repurchase trans- (ii) by striking ‘‘future, or option’’ and in- action (whether or not such repurchase or re- agreement’, as defined in clause (v))’’; serting ‘‘future, option, or spot transaction’’; (B) in subclause (IV)— verse repurchase transaction is a ‘repurchase and agreement’, as defined in this section)’’; (i) by inserting ‘‘(including by novation)’’ (C) by striking ‘‘the Securities Act of 1933, after ‘‘the guarantee’’; and (D) in paragraph (53B)(A)— the Securities Exchange Act of 1934, the Pub- (i) in clause (i)— (ii) by inserting before the semicolon lic Utility Holding Company Act of 1935, the ‘‘(whether or not such settlement is in con- (I) in subclause (II), by striking ‘‘or pre- Trust Indenture Act of 1939, the Investment nection with any agreement or transaction cious metals’’ and inserting ‘‘, precious met- Company Act of 1940, the Investment Advis- referred to in subclauses (I) through (XII) als, or other commodity agreement’’; ers Act of 1940, the Securities Investor Pro- (other than subclause (II))’’; (II) in subclause (VII), by striking ‘‘or’’ at tection Act of 1970, the Commodity Exchange (C) in subclause (IX), by striking ‘‘or the end; Act, the Gramm-Leach-Bliley Act, and the (VIII)’’ each place that term appears and in- (III) in subclause (VIII), by striking Legal Certainty for Bank Products Act of serting ‘‘(VIII), (IX), or (X)’’; ‘‘weather derivative, or weather option’’ and 2000’’ and inserting ‘‘the Gramm-Leach-Bli- (D) by redesignating subclauses (VI) inserting ‘‘option, future, or forward agree- ley Act, the Legal Certainty for Bank Prod- through (X) as subclauses (VIII) through ment’’; and ucts Act of 2000, the securities laws (as that (XII), respectively; and (IV) by adding at the end the following: term is defined in section 3(a)(47) of the Se- (E) by inserting after subclause (V) the fol- ‘‘(IX) an emissions swap, option, future, or lowing: curities Exchange Act of 1934) and the Com- forward agreement; or ‘‘(VI) means any extension of credit for the modity Exchange Act’’. ‘‘(X) an inflation swap, option, future, or forward agreement;’’; and clearance or settlement of securities trans- SEC. 2. CLARIFYING AMENDMENTS RELATING TO actions; DEFINITION OF PERSON. (ii) in clause (ii)— ‘‘(VII) means any loan transaction coupled (I) in subclause (I), by inserting ‘‘or other (a) FDIC-INSURED DEPOSITORY INSTITUTIONS with a securities collar transaction, any pre- derivatives’’ after ‘‘dealings in the swap’’; paid securities forward transaction, or any DEFINITION OF PERSON.—Section 11(e)(8)(D) of and total return swap transaction coupled with a the Federal Deposit Insurance Act (12 U.S.C. (II) in subclause (II), by striking ‘‘future, securities sale transaction;’’. 1821(e)(8)(D)) is amended by adding at the end or option’’ and inserting ‘‘future, option, or (b) DEFINITION OF FORWARD CONTRACT.— the following: spot transaction’’; and Section 11(e)(8)(D)(iv)(I) of the Federal De- ‘‘(ix) PERSON.—The term ‘person’ includes (E) in paragraph (53B)(B), by striking ‘‘the posit Insurance Act (12 U.S.C. any governmental entity and any entity in- Securities Act of 1933, the Securities Ex- 1821(e)(8)(D)(iv)(I)) is amended by striking cluded in the definition of the term ‘person’ change Act of 1934, the Public Utility Hold- ‘‘transaction, reverse repurchase trans- in section 1 of title 1, United States Code.’’. ing Company Act of 1935, the Trust Indenture action’’ and inserting ‘‘or reverse repurchase Act of 1939, the Investment Company Act of (b) INSURED CREDIT UNIONS DEFINITION OF transaction (whether or not such repurchase 1940, the Investment Advisers Act of 1940, the or reverse repurchase transaction is a ‘repur- PERSON.—Section 207(c)(8)(D) of the Federal Securities Investor Protection Act of 1970, chase agreement’, as defined in clause (v))’’. Credit Union Act (12 U.S.C. 1787(c)(8)(D)) is the Commodity Exchange Act, the Gramm- (c) DEFINITION OF SWAP AGREEMENT.— amended by adding at the end the following: Leach-Bliley Act, and the Legal Certainty (1) FDIC-INSURED DEPOSITORY INSTITU- ‘‘(vii) PERSON.—The term ‘person’ includes for Bank Products Act of 2000’’ and inserting TIONS.—Section 11(e)(8)(D)(vi) of the Federal any governmental entity and any entity in- ‘‘the Gramm-Leach-Bliley Act, the Legal Deposit Insurance Act (12 U.S.C. cluded in the definition of the term ‘person’ Certainty for Bank Products Act of 2000, the 1821(e)(8)(D)(vi)) is amended— in section 1 of title 1, United States Code.’’. securities laws (as that term is defined in

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13968 CONGRESSIONAL RECORD — SENATE December 17, 2005 section 3(a)(47) of the Securities Exchange (D) by redesignating clauses (v) through surance Corporation Improvement Act of Act of 1934) and the Commodity Exchange (ix) as clauses (vii) through (xi), respec- 1991, no walkaway clause shall be enforceable Act’’; tively; and in a qualified financial contract of an in- (2) in section 362(b)— (E) by inserting after clause (iv) the fol- sured depository institution in default, pro- (A) by striking paragraphs (6) and (7) and lowing: vided that any payment or delivery obliga- inserting the following: ‘‘(v) any extension of credit for the clear- tions otherwise due from a party pursuant to ‘‘(6) under subsection (a) of this section, of ance or settlement of securities trans- the qualified financial contract shall be sus- the exercise by a commodity broker, forward actions; pended from the time that the receiver is ap- contract merchant, stockbroker, financial ‘‘(vi) any loan transaction coupled with a pointed until the earlier of— institution, financial participant, or securi- securities collar transaction, any prepaid ‘‘(I) the time that such party receives no- ties clearing agency of any contractual right forward securities transaction, or any total tice that such contract has been transferred (as defined in section 555 or 556) under any return swap transaction coupled with a secu- pursuant to subparagraph (A); or security agreement or arrangement or other rities sale transaction;’’. ‘‘(II) 5:00 p.m. (eastern time) on the busi- credit enhancement forming a part of or re- (b) LIMITATION OF AVOIDANCE POWERS ness day following the date of the appoint- lated to any commodity contract, forward UNDER MASTER NETTING AGREEMENT.—Sec- ment of the receiver. contract or securities contract, or of any tion 546 of title 11, United States Code, is ‘‘(ii) WALKAWAY CLAUSE DEFINED.—For pur- contractual right (as defined in section 555 or amended— poses of this subparagraph, the term 556) to offset or net out any termination (1) in subsection (e)— ‘walkaway clause’ means any provision in a value, payment amount, or other transfer (A) by inserting ‘‘(or for the benefit of)’’ qualified financial contract that suspends, obligation arising under or in connection before ‘‘a commodity broker’’; and conditions, or extinguishes a payment obli- with 1 or more such contracts, including any (B) by inserting ‘‘or that is a transfer made gation of a party in whole or in part or does master agreement for such contracts; by or to (or for the benefit of) a commodity not create a payment obligation of a party ‘‘(7) under subsection (a) of this section, of broker, forward contract merchant, stock- that would otherwise exist solely because of the exercise by a repo participant or finan- broker, financial institution, financial par- such party’s status as a nondefaulting party cial participant of any contractual right (as ticipant, or securities clearing agency, in in connection with the insured depository in- defined in section 559) under any security connection with a securities contract, as de- stitution’s insolvency or the appointment of agreement or arrangement or other credit fined in section 741(7), commodity contract, or the exercise of rights or powers by a con- enhancement forming a part of or related to as defined in section 761(4), or forward con- servator or receiver, and not as a result of a any repurchase agreement, or of any con- tract,’’ after ‘‘securities clearing agency,’’; party’s exercise of any right to offset, setoff, tractual right (as defined in section 559) to (2) in subsection (f)— or net obligations that exist under the con- offset or net out any termination value, pay- (A) by striking ‘‘that is a margin payment, tract, any other contract between those par- ment amount, or other transfer obligation as defined in section 741 or 761 of this title, ties, or applicable law.’’. arising under or in connection with 1 or or settlement payment, as defined in section SEC. 6. EFFECTIVE DATE. more such agreements, including any master 741 of this title,’’; and (a) EFFECTIVE DATE.—This Act and the agreement for such agreements;’’; (B) by inserting ‘‘(or for the benefit of)’’ amendments made by this Act shall take ef- (B) by striking paragraph (17) and inserting before ‘‘a repo participant’’; fect on the date of enactment of this Act. the following: (3) in subsection (g), by inserting ‘‘(or for (b) NO RETROACTIVE APPLICATION OF AMEND- ‘‘(17) under subsection (a) of this section, of the benefit of)’’ before ‘‘a swap participant’’; MENTS.—The amendments made by this Act the exercise by a swap participant or finan- and shall not apply to any cases commenced cial participant of any contractual right (as (4) in subsection (j), by inserting ‘‘(or for under title 11, United States Code, or ap- defined in section 560) under any security the benefit of)’’ after ‘‘made by or to’’. pointments made under any Federal or State agreement or arrangement or other credit (c) SIPC STAY.—Section 5(b)(2)(C)(iii) of law, before the effective date of this Act. enhancement forming a part of or related to the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(2)(C)(iii)) is amend- any swap agreement, or of any contractual f right (as defined in section 560) to offset or ed— net out any termination value, payment (1) by inserting ‘‘a derivatives clearing or- ganization (as defined in the Commodity Ex- ORDERS FOR SUNDAY, DECEMBER amount, or other transfer obligation arising 18, 2005 under or in connection with 1 or more such change Act), a multilateral clearing organi- agreements, including any master agreement zation (as defined in the Federal Deposit In- Mr. FRIST. Mr. President, I ask for such agreements;’’; and surance Corporation Improvement Act of unanimous consent that when the Sen- (C) by striking paragraph (27) and inserting 1991),’’ after ‘‘rule or bylaw of’’; and ate completes its business today, it ad- (2) by striking ‘‘or a securities clearance the following: journ until 6 p.m. on Sunday, Decem- ‘‘(27) under subsection (a) of this section, of agency, a right set forth in a bylaw of a clearing organization or contract market’’ ber 18. I further ask that following the the exercise by a master netting agreement prayer and pledge, the morning hour be participant of any contractual right (as de- and inserting ‘‘a securities clearing agency, fined in section 555, 556, 559, or 560) under any a contract market designated under the deemed expired, the Journal of pro- security agreement or arrangement or other Commodity Exchange Act, a derivatives ceedings be approved to date, the time credit enhancement forming a part of or re- transaction execution facility registered for the two leaders be reserved, and the lated to any master netting agreement, or of under the Commodity Exchange Act, or a Senate proceed to a period of morning any contractual right (as defined in section board of trade (as defined in the Commodity business with Senators permitted to Exchange Act),’’. 555, 556, 559, or 560) to offset or net out any speak for up to 10 minutes each. termination value, payment amount, or (d) SAVINGS CLAUSE.—Title IX of the Bank- ruptcy Abuse Prevention and Consumer Pro- The PRESIDING OFFICER. Without other transfer obligation arising under or in objection, it is so ordered. connection with 1 or more such master net- tection Act of 2005 (Public Law 109-8, 119 Stat. 146) is amended by adding at the end ting agreements to the extent that such par- f ticipant is eligible to exercise such rights the following: ‘‘SEC. 912. SAVINGS CLAUSE. under paragraph (6), (7), or (17) for each indi- PROGRAM vidual contract covered by the master net- ‘‘The meanings of terms used in this title ting agreement in issue; and’’; and are applicable for the purposes of this title Mr. FRIST. Tomorrow, we will re- (3) in section 741(7)(A)— only, and shall not be construed or applied so turn to session to continue to work on (A) in clause (i)— as to challenge or affect the characteriza- the remaining business before we leave. (i) by striking ‘‘mortgage loan or’’ and in- tion, definition, or treatment of any similar terms under any other statute, regulation, We will need to come in tomorrow in serting ‘‘mortgage loan,’’; and anticipation of the conference reports (ii) by inserting before the semicolon or rule, including the Gramm-Leach-Bliley ‘‘(whether or not such repurchase or reverse Act, the Legal Certainty for Bank Products which will arrive from the House. I do repurchase transaction is a ‘repurchase Act of 2000, the securities laws (as that term not believe we will need to have any agreement’, as defined in section 101)’’; is defined in section 3(a)(47) of the Securities votes tomorrow evening, but we will (B) in clause (iii)— Exchange Act of 1934), and the Commodity alert Members if something arises. If (i) by inserting ‘‘(including by novation)’’ Exchange Act.’’. we do not vote Sunday, we would start after ‘‘the guarantee’’; and SEC. 5. WALKAWAY CLAUSES. voting early Monday. We have seven (ii) by inserting before the semicolon Section 11(e)(8)(G)) of the Federal Deposit district judges on the calendar. I un- ‘‘(whether or not such settlement is in con- Insurance Act (12 U.S.C. 1821(e)(8)(G)) is derstand some of those may require nection with any agreement or transaction amended to read as follows: referred to in clauses (i) through (xi))’’; ‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.— votes. (C) in clause (viii), by striking ‘‘or (vii)’’ ‘‘(i) IN GENERAL.—Notwithstanding the pro- Having said that, I thank all Sen- each place it appears and inserting ‘‘(vii), visions of subparagraphs (A) and (E), and sec- ators for their patience during this pe- (viii), or (ix)’’; tions 403 and 404 of the Federal Deposit In- riod. It has been difficult because of

VerDate Mar 15 2010 20:48 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S17DE5.REC S17DE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 17, 2005 CONGRESSIONAL RECORD — SENATE S13969 our inability, the impossibility to pre- down, the lamp oil continually filled EXECUTIVE OFFICE OF THE PRESIDENT dict with any element of certainty ex- and refilled and refilled, and the light DALE W. MEYERROSE, OF INDIANA, TO BE CHIEF INFOR- actly when we will finish. We are work- in the Temple burned for 8 full days. MATION OFFICER, OFFICE OF THE DIRECTOR OF NA- TIONAL INTELLIGENCE. ing very hard on bills with the House of One can think of this story of faith FEDERAL TRADE COMMISSION Representatives. Once those reports and perseverance as truly emblematic WILLIAM E. KOVACIC, OF VIRGINIA, TO BE A FEDERAL are addressed in the House, they can of the Jewish journey. Just as, by TRADE COMMISSIONER FOR A TERM OF SEVEN YEARS come here. Until that time, we con- God’s grace, the lamp was continually FROM SEPTEMBER 26, 2004. J. THOMAS ROSCH, OF CALIFORNIA, TO BE A FEDERAL tinue to work to see that will occur in filled, continually replenished, so, too, TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS an expeditious way. It is the nature of has the Jewish culture continued to FROM SEPTEMBER 26, 2005. the business. I am appreciative of ev- thrive. NATIONAL FOUNDATION ON THE ARTS AND THE eryone’s assistance. In honor of the rededication of the HUMANITIES f Temple and the Miracle of the Lights, BRUCE COLE, OF INDIANA, TO BE CHAIRPERSON OF THE Jews all over the world celebrate Ha- NATIONAL ENDOWMENT FOR THE HUMANITIES FOR A TERM OF FOUR YEARS. REFLECTIONS ON HANUKKAH nukkah by lighting a Menorah and MERIT SYSTEMS PROTECTION BOARD Mr. FRIST. Mr. President, a very drawing their families close. MARY M. ROSE, OF NORTH CAROLINA, TO BE A MEMBER brief comment on this time of year, Children play games and exchange OF THE MERIT SYSTEMS PROTECTION BOARD FOR THE with a few reflections on a very special gifts and, as every Jewish family TERM OF SEVEN YEARS EXPIRING MARCH 1, 2011. time—Hanukkah. knows, potato latkes and donuts DEPARTMENT OF HOMELAND SECURITY Earlier this year, I had the oppor- cooked in oil are holiday favorites. GEORGE W. FORESMAN, OF VIRGINIA, TO BE UNDER As those of us who are Christian cele- SECRETARY FOR PREPAREDNESS, DEPARTMENT OF tunity, once again, to visit the State of HOMELAND SECURITY. Israel. I say without reserve, the land brate the birth of Jesus this Christmas, IN THE COAST GUARD of Israel touches my soul. It does so let us also reflect on the story of Ha- nukkah and the ways in which the Al- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT when you are there and you have that IN THE UNITED STATES COAST GUARD RESERVE TO THE opportunity to visit the Old City, to mighty touches our daily lives. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: visit the Western Wall. I do wish my fellow Americans of the To be rear admiral (lower half) I took the opportunity to meet with Jewish faith a happy Hanukkah and a CAPT. MICHAEL R. SEWARD safe, prosperous holiday season. Israelis from all walks of life, visiting DEPARTMENT OF COMMERCE several of the hospitals there, and vis- f DAVID STEELE BOHIGIAN, OF MISSOURI, TO BE AN AS- iting my professional colleagues in SISTANT SECRETARY OF COMMERCE. medicine. I came to appreciate even ADJOURNMENT UNTIL TOMORROW DEPARTMENT OF THE TREASURY more deeply the 4,000 years of distinct AT 6 P.M. ANTONIO FRATTO, OF PENNSYLVANIA, TO BE AN AS- and vibrant Jewish culture, as well as Mr. FRIST. Mr. President, if there is SISTANT SECRETARY OF THE TREASURY. the Jewish people’s hopeful triumph no further business to come before the DEPARTMENT OF COMMERCE over adversity and persecution. Senate, I ask unanimous consent that DAVID M. SPOONER, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY OF COMMERCE. So now, as Jews all over the world the Senate stand in adjournment under begin to prepare for the celebration of the previous order. EXECUTIVE OFFICE OF THE PRESIDENT Hanukkah, which this year begins on There being no objection, the Senate, RICHARD T. CROWDER, OF VIRGINIA, TO BE CHIEF AG- December 25, I invite my colleagues to RICULTURAL NEGOTIATOR, OFFICE OF THE UNITED at 7:55 p.m., adjourned until Sunday, STATES TRADE REPRESENTATIVE, WITH THE RANK OF reflect on its meaning and its rel- December 18, 2005, at 6 p.m. AMBASSADOR. evance to the continuity of Jewish cul- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- ture and survival. f QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY The First Book of Maccabees, a ven- CONSTITUTED COMMITTEE OF THE SENATE. erated ancient text, tells the story of a CONFIRMATIONS DEPARTMENT OF JUSTICE revolt against a tyrant, the King Executive nominations confirmed by CATHERINE LUCILLE HANAWAY, OF MISSOURI, TO BE the Senate Saturday, December 17, UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT Antiochus. King Antiochus was a ty- OF MISSOURI FOR THE TERM OF FOUR YEARS. 2005: rant, a cruel leader, who attempted to DEPARTMENT OF EDUCATION outlaw the practice of Judaism, to for- ENVIRONMENTAL PROTECTION AGENCY STEPHANIE JOHNSON MONROE, OF VIRGINIA, TO BE AS- bid the study of Torah, and to compel, SUSAN P. BODINE, OF MARYLAND, TO BE ASSISTANT SISTANT SECRETARY FOR CIVIL RIGHTS, DEPARTMENT to force the worship of idols. ADMINISTRATOR, OFFICE OF SOLID WASTE, ENVIRON- OF EDUCATION. MENTAL PROTECTION AGENCY. Joined by corrupt politicians in the UNITED STATES AGENCY FOR INTERNATIONAL land of Judea, he succeeded for a time. DEPARTMENT OF COMMERCE DEVELOPMENT Eventually, however, a popular upris- SANTANU K. BARUAH, OF OREGON, TO BE ASSISTANT DONALD A. GAMBATESA, OF VIRGINIA, TO BE INSPEC- SECRETARY OF COMMERCE FOR ECONOMIC DEVELOP- TOR GENERAL, UNITED STATES AGENCY FOR INTER- ing, led by a group who called them- MENT. NATIONAL DEVELOPMENT. selves the Maccabees—and that trans- DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF STATE lates into ‘‘hammer’’—expelled his JOHN O. AGWUNOBI, OF FLORIDA, TO BE AN ASSISTANT MARILYN WARE, OF PENNSYLVANIA, TO BE AMBAS- forces and reclaimed the Temple that SECRETARY OF HEALTH AND HUMAN SERVICES. SADOR TO FINLAND. JOHN O. AGWUNOBI, OF FLORIDA, TO BE MEDICAL DI- became the center of the Jewish faith. RECTOR IN THE REGULAR CORPS OF THE PUBLIC IN THE COAST GUARD Upon entering the desecrated Tem- HEALTH SERVICE, SUBJECT TO THE QUALIFICATIONS THEREFORE AS PROVIDED BY LAW AND REGULATIONS. COAST GUARD NOMINATION OF JAMES R. MONT- ple, Jewish soldiers and priests discov- GOMERY TO BE CAPTAIN. ered that the eternal flame within had NATIONAL TRANSPORTATION SAFETY BOARD COAST GUARD NOMINATION OF RICHARD E. PETHERBRIDGE TO BE COMMANDER. extinguished. The last stores of oil, MARK V. ROSENKER, OF MARYLAND, TO BE A MEMBER COAST GUARD NOMINATIONS BEGINNING WITH BENES those last little bits of oil, would only OF THE NATIONAL TRANSPORTATION SAFETY BOARD Z. ALDANA AND ENDING WITH MICHAEL L. WOOLARD, FOR A TERM EXPIRING DECEMBER 31, 2010. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE keep the lamp lit for a single day. KATHRYN HIGGINS, OF SOUTH DAKOTA, TO BE A MEM- AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- They lit the lamp with the oil that BER OF THE NATIONAL TRANSPORTATION SAFETY CEMBER 14, 2005. BOARD FOR A TERM EXPIRING DECEMBER 31, 2009. COAST GUARD NOMINATIONS BEGINNING WITH STE- was left, and then something miracu- DEPARTMENT OF ENERGY PHEN ADLER AND ENDING WITH PETER E. ZOHIMSKY, lous happened. According to the an- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JEFFREY D. JARRETT, OF PENNSYLVANIA, TO BE AN AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- cient writings, instead of burning ASSISTANT SECRETARY OF ENERGY (FOSSIL ENERGY). CEMBER 14, 2005.

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HONORING MR. MARVIN CHASE to 2001. And he was vice president of the Michael Horton, David Liason, Ben Wilcox, New England Antique Racer’s Association. Jensen Harris, Justin Calabrese, James HON. ROB SIMMONS Finally, Marvin played a significant role in all Campbell, John Brown, Eagar Lewis. The OF CONNECTICUT of my political campaigns, offering me his Dreadnaughts prove that academic excel- lence, intensive training and a lot of heart, will IN THE HOUSE OF REPRESENTATIVES sage advice and insights to a variety of issues. His was always a voice of reason and lead a team to victory. The school’s motto is Thursday, December 15, 2005 sound judgment. He was a friend—and a ‘‘Nulli Secundus,’’ which means ‘‘Second to Mr. SIMMONS. Mr. Speaker, on December friend can tell you things you do not want to None.’’ I know that I speak for every member 12 a good man, a fine public servant and a tell yourself. But those are often things you in offering congratulations and the best of luck good friend of mine died at the age of 65. most need to hear. I will miss him greatly. to the Lakeland Dreadnaughts, who officially Marvin Chase lived in North Stonington and f are ‘‘second to none’’ in the Nation. during his lifetime he was truly a citizen in ac- f CONGRATULATING THE LAKELAND tion. For those of us who knew him, his name FURTHER CONFERENCE REPORT is synonymous with public service, a love of DREADNAUGHTS AS NATIONAL CHAMPIONS ‘‘NULLI SECUNDUS’’ ON H.R. 3010, DEPARTMENTS OF his community and a deep love for his family LABOR, HEALTH AND HUMAN and friends. SERVICES, AND EDUCATION, AND Marvin was involved with his community. He HON. ADAM H. PUTNAM RELATED AGENCIES APPROPRIA- was a Republican but he was from the school OF FLORIDA TIONS ACT, 2006 of thought that said, ‘‘I don’t care what your IN THE HOUSE OF REPRESENTATIVES political affiliation is, I care about you and I SPEECH OF Thursday, December 15, 2005 care about your ideas.’’ Consequently, he was able to work with individuals from across the Mr. PUTNAM. Mr. Speaker, it is with great HON. BENJAMIN L. CARDIN OF MARYLAND political spectrum. He liked and respected pleasure that I rise today to applaud the ac- IN THE HOUSE OF REPRESENTATIVES people; and he was liked and respected in re- complishments of the Lakeland High School turn. Varsity Football team from Lakeland, Florida— Wednesday, December 14, 2005 A 6-year member of the North Stonington the 2005 Class 5A Florida State Champions Mr. CARDIN. Mr. Speaker, I rise in opposi- Economic Development Commission, which and the 2005 National Champions. tion to the fiscal year 2006 Labor-Health and he chaired, Marvin won another 5-year term in Coach Bill Castle, 2004 5A Coach of the Human Services-Education Appropriations November. First Selectman Nicholas H. Year and recent inductee of the Polk County Conference Report. I was dismayed to hear Mullane II, said Marvin was ‘‘probably the best Sports Hall of Fame, led the Dreadnaught’s to my friend, the Chairman of the Subcommittee, chairman I’ve ever seen on the EDC.’’ their 5th State Championship, 17th District state that this bill ‘‘more than any other, illus- Marvin did more than keep the seat warm. Championship, and 1st National Champion- trates the compassion of the American peo- In 2003 he led the commission as it studied ship. The Dreadnaughts defeated Ft. Lauder- ple.’’ But the American people did not produce the best way to bring business to town. He dale’s St. Thomas Aquinas, 39–19, ending this bill, and, judging from the hundreds of also led the commission’s two-year effort to their season at 15–0, in a rematch of last calls and letters to my office, they do not sup- create a low-impact commercial development years title for the Class 5A State Champion- port its provisions. zone near Interstate 95 exit 92, which the ship. This is the first time a Polk County foot- Across the board, in nearly every area of Planning and Zoning Commission approved in ball team has won back-to-back State titles, importance to American families, our citizens February. And that zone change drew imme- and the first time that two top-five nationally are shortchanged by this bill. The Labor-HHS- diate interest from businesses. ranked teams have met this late in the sea- Education bill is often the most contentious Marvin was always sensitive of the need to son. appropriations measure to move through Con- balance business with the rural nature of our I would like to extend my congratulations to gress. This is because the programs it funds community and our region in southeastern Coach Castle and his staff, Dan Talbot, Dan affect the health, the quality of life, indeed the Connecticut. He wanted to attract businesses Moonet, Frank Webster, Chris Davis, Clay future of every American. This year, the origi- so that taxes could be kept under control and Taylor, Jason Butler, Michael Peeples, Denny nal version of the conference report was so that there would be jobs; but he knew how Krahe, and Brian Abdon, for the positive ex- deemed so harmful that it was rejected once important it was to ensure that North ample they set and for the leadership they already on November 17. Today, the authors of this bill have returned it to the floor with a Stonington kept the quiet characteristics that provide. In addition, Principal Mark Thomas few cosmetic changes designed only to secure make it such a wonderful place to live and and his administration, Athletic Director Sid enough votes to squeak the bill through. But raise a family. Kimbrell, the faculty and staff, the parents, the this so-called ‘‘new and improved version’’ will Marvin belonged to the North Stonington students, the alumni and the fans should all be no less objectionable to the sensibilities of Grange, served on the North Stonington Fair be commended for their community spirit and the American people and certainly no less constant support. Committee and for more than 30 years he was harmful to American families. a member of what is now the Masonic United Most importantly, however, I would like to This legislation sends a clear message to Coastal Lodge 57. A former deacon of United recognize those outstanding student athletes, the American people: for educational oppor- Church in Stonington, Marvin served until a who exemplified the hard work, character, and tunity, for food assistance to elderly Ameri- few years ago as moderator of the First Bap- sportsmanship, to make this victory possible: cans, for help with heating bills next winter, for tist Church in North Stonington. He was chair- Matt Grier, Scott Bryant, Chris Rainey, access to quality health care, for advances in man of the North Stonington Republican Town Rashard Coleman, Andre Walker, Pat Turner, medical research: do not look to this Congress Committee and a lifetime member of the North Deonte Parker, T.K. Lamb, Ledarius Dobie, for help. Stonington Fire Company. Darius Jones, Tyler Grantham, Billy Lowe, The majority says it cares about families, Marvin worked for the State of Connecticut Awtan Glover, Jordan Hammond, Jesse about better education, about improved health Motor Vehicle Department as an inspector for Smart, Paul Wilson, Adam Williams, Blair Cas- care, about a productive workforce, about eco- the Dealers and Repairers Division and he tle, Leon Covington, Steve Wilks, Cedric nomic opportunity. But it has produced a bill owned and operated a Shell Service Station in Edom, Preston Chatmon, Ahmad Black, Jamar that cuts the bootstraps of middle class fami- Preston for many years. Taylor, Troy Johnson, Calvin Shaw, Derrell lies trying to stay afloat and aspiring families There was also a racy side to Marvin—he Harrison, Connor Johnson, Tony McElrath, who are reaching for the American dream. drove race cars at the Thompson Motor Aaron Walters, Devon Terry, Justin Burdette, Overall, this bill cuts $1.5 billion from last Speedway, Norwood Arena, Waterford Bryant Peace, Matt Roddenbery, Nic Moody, year’s funding levels. Let us examine what ef- Speedbowl and Stafford Speedway from 1960 Colin Clyne, Quinten Campell, Mike Jensen, fect these cuts will have on our Nation.

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

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.072 E17DEPT1 E2560 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 A strong and productive workforce is key to education grants receive a 0.9 percent in- TRIBUTE TO GLADYS our Nation’s future. According to the Depart- crease—the smallest increase in 10 years. TANTAQUIDGEON ment of Labor, nearly 8 million Americans and We talk a lot about the need to increase 120,000 Marylanders are unemployed. But this education technology, yet this conference re- HON. ROB SIMMONS Congress is poised to slash more than $400 port cuts that funding by nearly half. We speak OF CONNECTICUT million from job training and employment serv- IN THE HOUSE OF REPRESENTATIVES ices funding. of the need to protect our children from vio- It will also cut State unemployment insur- lence and illegal drugs, but this bill cuts Safe Thursday, December 15, 2005 ance and employment service offices by $245 and Drug-Free Schools by one-fifth, and pro- Mr. SIMMONS. Mr. Speaker, I rise today to million, and assistance for approximately 1.9 vides no increase for after-school programs for recognize the achievements of Gladys million people will be jeopardized. the fourth consecutive year. Tantaquidgeon, whose life’s work greatly en- This bill also cuts by $250 million the Com- hanced the Mohegan Tribe of Connecticut. munity College Initiative, which is President Everyone in this House can agree that the On November 1, the woman who was rightly Bush’s initiative to help community colleges cost of higher education is soaring, but this known as the ‘‘keeper of the Mohegan culture’’ train prospective workers for high-skill jobs. conference report fails to provide any increase died at the age of 106. Gladys Tantaquidgeon The conference report cuts funding for that ef- whatsoever for Pell grants, without which so was a woman of uncommon integrity and fort by $125 million and rescinds $125 million many college students could not continue their cheerful determination. Throughout her life she from fiscal year 2005 funds. education. President Bush proposed a $100 devoted her skills, talents and knowledge to A healthy America is key to our Nation’s fu- increase, the House passed a $50 increase, the revival of the Mohegan Tribe and count- ture. We have more than 45 million Americans but the conferees did not even provide that. less lives have been enriched by her stead- without health insurance. Many of them rely Instead, they froze the maximum Pell grant fastness. on networks of community health centers to amount at $4,050 for the fourth consecutive Gladys Tantaquidgeon was an anthropolo- receive much needed care. I was encouraged gist and ethnobotanist. She wrote extensively year. by the President’s initiative to increase the about Native Americans and her knowledge number of community health centers around Finally, our goodness as a nation is meas- was wide-ranging. She played a key role in the country, but the conference report pro- ured by how we treat the most vulnerable establishing the Mohegan tribal museum. Her vides $238 million less than the President’s re- Americans. If we are to truly be a great nation, flawless record-keeping and her encyclopedic quest. The Republican leadership supports we must care for those who are less able to knowledge of the history of her tribe were in- this conference report, despite the fact that care for themselves. It is disappointing that strumental in helping the Mohegans win Fed- this House passed in July a resolution stating this conference report slashes funding for the eral recognition in 1994. In the Hartford Courant, Melissa Tanta- that community health centers are ‘‘vital to the Social Security Administration, which is en- nation’s communities.’’ Surely, the dedicated quidgeon Zobel, Gladys’s grandniece, pointed trusted with processing disability claims for workers at our health centers will find the out that much of the artwork in the tribe’s Mo- words of that resolution hollow if this con- millions of Americans. In my district, the Third hegan Sun Casino, in Montville, was inspired ference report is passed. This conference re- Congressional District of Maryland, I represent by the collection of the ‘‘keeper of Mohegan port cuts health care access for underserved many employees of the Social Security Admin- culture.’’ Ms. Zobel recently remarked, ‘‘We all areas of the country. It eliminates the commu- istration. They are hardworking, dedicated have to wonder, would we be where we are nity access program, which provides lifesaving staffers, but they can only do so much without today without her? She was an image from and life-enhancing health care to many re- adequate funding for personnel and techno- another world. It would be dishonorable not to gions that lack a sufficient number of health logical support. In the Ways and Means Com- celebrate her passing.’’ care facilities. mittee, we have had several hearings about The Mohegan Tribe today is successful by This bill cuts title VII health professions pro- the backlogs of cases at SSA, and Commis- any measure and they most certainly would grams by 69 percent and it eradicates several not be where they are today without the per- sioner Barnhart has sought congressional as- programs entirely. This is particularly out- severance and stamina of this incredible sistance in bringing her processing systems rageous coming from a Congress that claims woman. Supported in no small measure by to want to end health disparities. Johns Hop- up to date. Unfortunately, this bill will not her work, the tribe has preserved its heritage kins Institutions in my home town of Baltimore make SSA employees’ jobs any easier nor will and history and has created economic security receive more than $2.5 million in funding for it help reduce the backlog of pending cases. for the future. title VII grants. These programs serve different In fact, the backlogs will get worse. The The Mohegan Sun Casino has created jobs spheres of the health care system, from the House failed to provide the President’s re- throughout the region, has provided economic Schools of Nursing, Public Health and Medi- quest, it provides even less than the House- assistance to its host community and works cine. All of this funding is jeopardized by the or Senate-passed bills. with vendors throughout the State. bill before us today. And while the tribe and the entire region The National Institutes of Health is Some of my colleagues have defended mourns her death, we surely celebrate the ex- headquartered in my home State of Maryland. these cuts as necessary to restore fiscal dis- traordinary life of this great woman who was Over the past year, I have met with dozens of cipline to our budget. When combined with a a descendent of Uncas, the famous Mohegan representatives from patient groups. They are planned 1 percent across-the-board cut, this chief. aware that the President’s budget for fiscal bill will save approximately $3 billion over last She demonstrated that the Mohegan’s his- year 2006 proposed the smallest increase for year’s spending, and $15 billion over the next tory is an integral and essential part of Con- NIH in 36 years. The paltry increase in this bill 5 years. But at the same time, the congres- necticut’s history. The Hartford Courant said it does not even keep pace with inflation. What sional leadership is advancing an agenda of well, observing that Gladys Tantaquidgeon does it mean in real terms? Not only will we tax cuts that exceed $70 billion. They are ask- was ‘‘the living link between past and present whose diligent record-keeping led to federal not be able to increase our efforts to fight dia- ing us to believe that it is necessary to elimi- betes, HIV/AIDS, cancer, brain injury, Alz- recognition for the Mohegans. They are now nate programs and inflict pain on American heimer’s and other pernicious diseases, we running one of the world’s most lucrative casi- will actually see a reduction in the number of families, but they are doing this not to balance nos and are fabulously rich. It is telling that grants and the number of research projects the budget, but to make room for tax cuts. they are prouder of their heritage than their funded by NIH. Mr. Speaker, when this House defeated the wildly successful business venture.’’ Improvements in education are key to our Labor-HHS bill prior to the Thanksgiving re- The Mohegan Tribe and the State of Con- Nation’s future. This Congress speaks often cess, it was because a majority of this House necticut are better off because of Gladys about the need to hold our schools account- believed that it would jeopardize vital services Tantaquidgeon. She did much more than en- able her people to secure the recognition they able, yet this conference takes away the fund- for millions of Americans. The revisions in to- ing our school districts need to improve stu- deserved. She taught, by word and example, day’s conference report are minimal and keep dents’ achievement levels. that our lives as Americans are deeply en- Title I funding for low-income children are us on the same track toward wiping out key twined and that history is not something that given a 0.8 percent increase—the smallest in- safety net programs. Therefore, I rise again in happened in the past. History is alive and crease in 8 years, and only a fraction of the opposition to this conference report and urge even as it reminds us of who we were, it also increase requested by the President. Special my colleagues to do the same. reminds us of what we might become.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.074 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2561 Gladys Tantaquidgeon was an exceptional authorization Act, and I urge my colleagues to enforce it and who to ask for the additional woman. The Mohegan Tribe and Connecticut support funding for torture treatment centers. documentation. are fortunate that for more than a century she f My concern is that this provision will put was among us. She will be missed. low-income Americans at the mercy of individ- OPPOSING SECTION 3145 OF THE f uals whose assumptions about their status put RECONCILIATION SPENDING them at great risk for discrimination. It would TORTURE VICTIMS RELIEF CUTS CONFERENCE REPORT (H.R. attack everyone’s civil liberties. REAUTHORIZATION ACT OF 2005 4241) Mr. Speaker, Section 3145 is based on a completely false and slanderous assumption SPEECH OF HON. DONNA M. CHRISTENSEN about immigrants in this country, and it is HON. JANICE D. SCHAKOWSKY OF THE VIRGIN ISLANDS nothing more than another anti-immigrant pro- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES vision among the many egregious ones that IN THE HOUSE OF REPRESENTATIVES Thursday, December 15, 2005 are being debated on the floor today. Tuesday, December 6, 2005 Mrs. CHRISTENSEN. Mr. Speaker, I rise There are repercussions for health in gen- today to call attention to Section 3145 of H.R. eral. If enacted this provision would also have Ms. SCHAKOWSKY. Mr. Speaker, I rise in 4241, the proposed Reconciliation Spending extraordinarily detrimental effects on the strong support of the Torture Victims Relief Cuts Conference Report, and to express my health and health care of many American citi- Reauthorization Act (H.R. 2017). The Torture unequivocal opposition to that provision and zens, it will increase the already unacceptably Victims Relief Act (TVRA) has provided critical the base bill. That section will just provide high numbers of uninsured Americans, and support to thousands of survivors of torture added cause to reject the report, because it consequently, it will exacerbate health dispari- since it was first authorized in 1999. The sad would require everyone—everyone—applying ties—both racial and ethnic, and rural—as well fact is that torture is still used by governments for Medicaid to produce a birth certificate or as worsen the health and well being of many around the world and the need for the bill is passport to prove citizenship. American citizens. as pronounced as ever. With revelations of the Supporters of this provision talk a good In our focus on section 3145, we don’t want U.S.’s own use of torture making waves game. And, on the surface, their rationale anyone to get the wrong impression that this around the world, we can ill afford to take a seems plausible and reasonable. They claim is one bad provision in an otherwise good bill. step back in the field of torture treatment. that Section 3145 will save a great deal of Nothing could be further from fact. What it The United States must renew its commit- money by restricting undocumented residents does is just make a conference report that is ment against the use of torture. And it must from lying about their citizenship and falsely shaping up to be a terrible bill already, even support efforts to ease the pain and suffering obtaining Medicaid services. However, Mr. worse. of those living in parts of the world where Speaker, proponents of Section 3145 do not Just today I received a letter from the na- there are no other resources—not to mention discuss is a comprehensive study by the De- tional Council of Churches of Christ in the political motivation—to help survivors of tor- partment of Health and Human Services, Of- USA. It read in part: ture. fice of the Inspector General. This July 2005 ‘‘The role of government is to protect its Currently, 27 programs in 17 states includ- study found no compelling evidence that illegal people and work for the common good. This ing Illinois receive assistance for torture treat- residents were lying about their citizenship is not the time for the budget reconciliation ment in the U.S. Treatment provided by these status in order to qualify for Medicaid. process to create greater hardships for those programs enables survivors of torture to re- So it is nothing more than another barely who are already experiencing great suffering. cover their lives and become productive mem- veiled attack on immigrants—our fellow human To do so is not only unjust; it is a sin. It vio- bers of their communities. Many of these cen- beings—and it would also have adverse im- lates all the fundamental Christian principles of ters, including the center in Illinois, also train pacts on other American citizens as well. loving thy neighbor, caring for the poor, and mainstream professionals. This increases the For many of us here, the idea of obtaining showing mercy. As religious leaders, this vio- ability of health care providers, attorneys, a passport or a copy of a birth certificate does lation is unacceptable to us.’’ leaders of faith, and others, to provide for the not sound difficult. However, for many Ameri- This is a reference to the entire budget rec- special needs of torture victims and contribute cans—particularly low-income Americans in onciliation bill, and whether one is Baptist, to the. prevention of torture. rural communities, low-income racial and eth- Catholic, Jew or Moslem the words ring true. The TVRA is at work in my district, sup- nic minorities and elderly Americans—getting It is rotten to the core, and this country, porting the work of the Marjorie Kovler Center a passport or a copy of a birth certificate is which pledges to be one ‘‘under God’’, should of Heartland Alliance. The Center provides very difficult and sometimes even impossible. not let the Immigration/Border Security Bill or medical, mental health and social services to Even the cost is a barrier for some. any part of the inhumane budget reconciliation more than 300 torture survivors every year. But further complicating the process for or spending cut bill as it is now written be- While these services are provided for people some Americans, particularly those who are come the law of this land. across the state and into Indiana and Wis- low-income, racial and ethnic minorities and/or f consin, the Center receives more referrals born in rural areas, is the fact that when they from my Congressional district than any other. were born, their families may not have had ac- PERSONAL EXPLANATION These individuals make their way to our com- cess to hospitals—they may not be able to get munity at great personal cost. They come birth certificates and therefore passports sim- HON. CHARLES A. GONZALEZ seeking safety, only to be confronted with the ply because they were born at home. OF TEXAS difficulties of adjusting to life in the United As you know, during much of the last cen- IN THE HOUSE OF REPRESENTATIVES States. They each carry a heavy burden from tury, many hospitals and health clinics—espe- the trauma they have suffered, and many cially in the south and in areas entrenched in Thursday, December 15, 2005 would not become the productive members of segregation and discrimination—would not Mr. GONZALEZ. Mr. Speaker, on rollcall the community that they want to be if it not for admit minorities, especially African Americans. No. 638, had I been present, I would have the services supported by the TVRA. This long history of discrimination created bar- voted ‘‘yea.’’ In addition to the people in my district that riers to health care access that continue to af- f the Center serves, I am proud to say that doz- fect the health and health care of racial and ens of my constituents volunteer and work at ethnic minorities today. It is the same discrimi- CONGRATULATING THE ACHIEVE- the Marjorie Kovler Center. I have had the op- nation that now still makes it difficult for so MENTS OF JERIOUS NORWOOD portunity to meet many of them at events in many low-income African Americans senior— the district over the past several years and am and other seniors of color—to obtain the re- HON. CHARLES W. ‘‘CHIP’’ PICKERING aware of their skill and commitment. The fact quired documentation they would need under OF MISSISSIPPI is that volunteer and in-kind donations worth this provision to obtain Medicaid services. Mr. IN THE HOUSE OF REPRESENTATIVES more than $400,000 annually leverage funds Speaker, let’s not be a part of allowing dis- Friday, December 16, 2005 from the TVRA spent in my district. This crimination to create additional barriers to amounts to a one-to-one match of Federal health care for immigrants or other Americans Mr. PICKERING. Mr. Speaker, Mississippi funds provided by my community. of color. State University has much to be proud of: ex- For these reasons, Mr. Speaker, I whole- Further, were section 3145 to pass, it will be cellence in academics with a reputation for top heartedly support the Torture Victim Relief Re- states and counties who will determine how to agriculture and energy research. This year, I

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.078 E17DEPT1 E2562 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 join MSU in congratulating a student athlete years later, the 13th Amendment to the United SALUTING THE COMMAND, CREW for his on-the-field achievements. States Constitution was proposed on the AND AIR WING OF THE U.S.S. Senior running back Jerious Norwood of House floor and was met with cheers in sup- ‘‘RONALD REAGAN’’ Brandon, Mississippi, was awarded the Cel- port resounding from the House Gallery. Less lular South Conerly Award this year, earning than one year later, on December 6, 1863, HON. CHARLES W. ‘‘CHIP’’ PICKERING the honor of Mississippi’s top college football Georgia’s state legislature became the 27th OF MISSISSIPPI player of 2005. Norwood ran for 1,136 yards State to pass the measure, meeting the re- IN THE HOUSE OF REPRESENTATIVES and six touchdowns this season, 204 yards quirement for ratification. On that day, the 13th Friday, December 16, 2005 and three scores coming in the Bulldogs’ sea- Amendment was passed, slavery had been son-ending, 35–14 win over rival Ole Miss in abolished, and our great Nation could finally Mr. PICKERING. Mr. Speaker, the newest the Egg Bowl. That performance also earned put this dark period of history in our past. carrier in the United States Navy is engaged in final training and preparation in the Pacific him the Southeastern Conference Offensive Over the next five years, the remaining Civil Player of the Week. Ocean and will soon be deployed to the Mid- War Amendments would be passed, including dle East to support our national interests, de- Norwood is only the second Bulldog ever to the 14th Amendment, which granted equal rush for 1,000-plus yards in back-to-back sea- fend freedom and spread liberty to a more sta- protection under the law, and the 15th Amend- ble world. Nearly 6,000 Navy personnel call sons. He follows James ‘‘JJ’’ Johnson (1997– ment, which granted voting rights regardless 1998) both in that distinction and in earning the U.S.S. Ronald Reagan home and serve of race. Although slavery itself had been abol- both day and night in her courageous mission the Conerly Award. Norwood and Johnson are ished, these historic achievements would set the only two Bulldogs to win this recognition in to provide ‘‘peace through strength.’’ the foundation for a long struggle towards Many of the personnel on the Reagan hail its 10-year history. abolishing discrimination and injustice. Midway through this season, Norwood be- from Mississippi, and we our proud of our men The 13th Amendment set a firm base for the came State’s career rushing leader with a final and women who serve from the magnolia modem-day civil rights movement, many as- achievement of 3,222 total yards on the State. I often tell my colleagues that Mis- pects of which continue on with us today. The ground, eclipsing Walter Packer’s previous sissippi has the full military package: Our citi- legacy of those who ended slavery and started mark of 2,820 yards set in the 1970s. Nor- zens serve bravely in our Armed Forces, our us on the path to equality for all people must wood also finished with the most 100-yard bases train top pilots and protect important fa- continue to inspire us to reach for greater tol- games in MSU history. cilities, our universities provide cutting edge erance, greater understanding, and greater Norwood, along with senior defensive end military research and technology, while com- compassion for our fellow human beings. Willie Evans, was named to the 2005 Coach- panies and manufacturers earn top military es’ All-SEC team and was named second- contracts to produce the equipment our mod- f team, All-SEC by the Associated Press. ern soldiers need for today’s battles. I take personal honor in sharing the title ‘‘Mississip- Mr. Speaker, I congratulate Norwood on his PERSONAL EXPLANATION achievements and join with Bulldog head pian’’ with these soldiers. We at home are coach Sylvester Croom in wishing him many proud of the Mississippians serving on the future successes. HON. RAHM EMANUEL U.S.S. Ronald Reagan. Many of the aviators and crew onboard the f OF ILLINOIS U.S.S. Ronald Reagan trained at Naval Air RECOGNIZING THE ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES Station Meridian in my district in Mississippi. OF THE RATIFICATION OF THE Friday, December 16, 2005 NAS Meridian is an essential, necessary and 13TH AMENDMENT critical component of our national security net- Mr. EMANUEL. Mr. Speaker, I was not work. This valuable and effective facility, and SPEECH OF present in the Chamber on Thursday, Decem- the community that supports it, adds strength HON. BETTY McCOLLUM ber 15, to cast my votes on rollcalls 636 to the character and performance of the through 641. Had I been present I would have United States Navy. We send these personnel OF MINNESOTA voted in the following ways: Rollcall 636—Nay; to the U.S.S. Ronald Reagan and to our Navy IN THE HOUSE OF REPRESENTATIVES Rollcall 637—Yea; Rollcall 638—Yea; Rollcall forces around the world to serve with honor, Wednesday, December 7, 2005 639—Yea; Rollcall 640—Nay; and Rollcall courage and commitment. Ms. MCCOLLUM of Minnesota. Mr. Speak- 641—Yea. Mr. Speaker, I hope Congress joins me in er, I rise today in strong support of H. Res. saluting the command, crew, and air wing 196, to recognize the ratification of the 13th f ofthe U.S.S. Ronald Reagan. Their training Amendment to the United States Constitution, and preparation allows the United States to PAYING TRIBUTE TO JENNY advance our priorities around the globe, and providing the final blow to eradicate the sys- GRAVES AND ASHLEE MANN tem of slavery in this great nation. remain secure at home. The U.S.S. Ronald The history of slavery in North America Reagan’s designation is CVN 76 and the crew traces back to the early-1500s. Through var- HON. THOMAS G. TANCREDO practices daily the ‘‘Spirit of 76’’ in honor of their ship and the year of our independence, ious European colonies, continuing through OF COLORADO the early years of the United States, around 6 1776. Their service will continue to keep us million Africans were forcibly removed from IN THE HOUSE OF REPRESENTATIVES free. For the next half-century, the U.S.S. their home and brought to North America to Friday, December 16, 2005 Ronald Reagan will serve the American peo- work as slaves. The years, however, wrought ple in times of peace and times of war, and I on and the conscience of this Nation came to Mr. TANCREDO. Mr. Speaker, I would like take this time to honor her and the forces on realize the profundity of inequality that this to take a moment and pay tribute to two out- board as they prepare for her maiden deploy- system perpetuated. Not only were people standing young women from Littleton and Au- ment. born and raised in this country forced to work rora, CO. Jenny Graves and Ashlee Mann f graduated from AmeriCorps National Civilian as indentured servants, but even their status PROVIDING FOR CONSIDERATION as human beings was reduced to that of Community Corps 10-month program in Perry Point, MD. OF H.R. 4297, TAX RELIEF EXTEN- three-fifths of a person. This system could not SION RECONCILIATION ACT OF Through this program these young women continue. 2005 Brave abolitionists working tirelessly to bring learned the critical role that about the downfall of this inherently unjust AmeriCorps*NCCC plays in disaster relief. SPEECH OF system, many of them sacrificing their lives These young women now have a stronger un- and their own freedoms, the tensions sur- derstanding of the role that volunteers play in HON. BETTY McCOLLUM OF MINNESOTA rounding this issue provided one of the major assisting areas affected by natural disasters. IN THE HOUSE OF REPRESENTATIVES breaking points for the American Civil War. Mr. Speaker, it is my distinct pleasure to With the advent of a nation turned upon itself, honor Jenny Graves and Ashlee Mann and Thursday, December 8, 2005 President Abraham Lincoln issued the Eman- their achievements here today, and wish these Ms. MCCOLLUM of Minnesota. Mr. Speak- cipation Proclamation in 1863, freeing all young women all the best in their future en- er, I rise in strong opposition to the irrespon- slaves within the Confederate States. Two deavors. sible Republican tax giveaways proposed in

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.001 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2563 H.R. 4297. The Republican bill provides tax Upon his discharge from military service, the Mayflower Cafe, where he had worked cuts for the wealthy few in our society by Mr. Dickholtz went on to graduate from John since 1935. slashing critical services for vulnerable Ameri- Marshall Law School, working his way through An immigrant from Greece, Mike and his cans and adding to our already exploding def- school by driving a taxi for the Vets Cab Com- family lived the story of America. They came icit. pany. At that time, veterans were not able to to this land and worked hard to become hon- I am appalled that the majority party has obtain taxi medallions, and Mr. Dickholtz par- ored citizens. Mike served in World War II, slashed food stamps, health care and student ticipated in a protest ‘‘cabalcade’’ of taxis from fighting in the United States Army in his home loans for vulnerable and middle-income fami- Chicago to Washington, DC to protest. Mr. country of Greece where he was wounded lies to pay for tax breaks for the Nation’s most Dickholtz gained national recognition for his and awarded the Purple Heart. He and his fortunate. The top priority—63 percent of the participation when his picture was published in family—those before him and now his chil- spending—in the Republican tax reconciliation newspapers across the country. dren—poured their sweat and passion for life bill is to extend capital gains and dividend tax Mr. Dickholtz had a successful career as an into their family business. The Mayflower has cuts from 2008 to 2010. attorney, and in October of 2005 was con- been for generations a place where families Forty-five percent of the benefits of this pro- ferred the title of Senior Counselor by the Illi- and celebrities, politicians and journalists, the vision will go to millionaires. In addition, this nois Bar Association. He was also a member young and old have come for good food and bill, even combined with the devastating cuts, of and proctor for the American MENSA Soci- fellowship. From first dates to wedding anni- will add $81 billion to the deficit over the next ety. versaries, Mike made this a center of the 10 years. Mr. Dickholtz’s wife Darlene was not only Jackson community by making family the The Republican bill focuses on benefits for legal secretary and office manager for her focus of his business. their wealthiest contributors and fails to ad- husband, but also his best friend. Together Mr. Speaker, Mike began his journey in this dress tax changes that are necessary for the they raised seven children in a very busy and world on the island of Patmos and we in Mis- middle class. This bill does not include a pro- loving home. sissippi were blessed that he ended the jour- vision to protect families from tax increases Mr. Dickholtz was the proud grandfather of ney not only in Jackson, Mississippi, but the from the alternative minimum tax. I supported 10 grandchildren and two great grandchildren. hearts of his family, friends and customers. I the 1-year fix on the AMT that this House His family has continued his legacy of service take this time to remember Mike Kountouris passed because this is a critical issue for fam- and success in both the public and private and to remind my fellow Mississippians of the ilies in my district. However, this provision sectors. Mr. Dickholtz will be dearly missed by impact that one man can have on a commu- should have been included in this reconcili- his family and community. I am privileged to nity. He was a special man that we will all ation package and should have been a priority pay tribute to this great American. miss. for this Congress. f f In total, the Republican reconciliation pack- CONFERENCE REPORT ON H.R. 3199, age includes tax increases of up to $3,640 for RECOGNIZING THE WOMEN OF TO- USA PATRIOT IMPROVEMENT middle income families due to the alternative MORROW MENTOR AND SCHOL- AND REAUTHORIZATION ACT OF minimum tax, increases of $5,800 per student ARSHIP PROGRAM 2005 for their college education, and a loss of ac- cess to health care and nutrition for many SPEECH OF HON. ILEANA ROS-LEHTINEN struggling families. It also adds to a spiraling OF FLORIDA deficit already projected to reach $640 billion HON. TOM COLE IN THE HOUSE OF REPRESENTATIVES by 2015. At the same time, Republicans will OF OKLAHOMA Friday, December 16, 2005 provide an average tax break of $32,000 to IN THE HOUSE OF REPRESENTATIVES the wealthy few. This is an outrage and should Wednesday, December 14, 2005 Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to recognize the Women of Tomorrow be an embarrassment for this Congress. Mr. COLE of Oklahoma. Madam Speaker, I Mentor and Scholarship Program, an incred- Mr. Speaker, America can do better. Con- rise today to explain my vote against a demo- ible organization located in my Congressional gress should put forward a budget that is fis- crat motion to instruct conferees on December district, and congratulate its founders, Jennifer cally responsible, prioritizes our families, and 14, 2005. does not threaten our children and grand- Although President Bush and Secretary Valoppi and Don Browne, for being named re- children’s future by increasing the Federal def- Rice have made it clear that under no cir- cipients of Governor Jeb Bush’s Points of icit. cumstance will the United States use torture, Light Award. This award is the State’s highest honor I urge my colleagues to reject this irrespon- I am also sympathetic to Senator MCCAIN’s sible, immoral budget plan. wish to establish a clear set of rules to govern given to those who dedicate themselves to the f interrogations of persons under the detention Florida community through acts of vol- unteerism. HONORING A WORLD WAR II HERO of the Department of Defense. With this said, I don’t believe it is beneficial to instruct con- Since its inception in 1997, the Women of ferees on an issue that is already under nego- Tomorrow Mentor and Scholarship Program HON. RAHM EMANUEL tiations between the White House, Senator has been a pioneer institution for inspiring at- risk young women to achieve their fullest po- OF ILLINOIS MCCAIN and the United States House of Rep- IN THE HOUSE OF REPRESENTATIVES resentatives. These negotiations could yield a tential through education and job training. As a result of the organization’s efforts, Friday, December 16, 2005 much more favorable outcome than what Sen- young women throughout our community can ator MCCAIN originally requested and it also Mr. EMANUEL. Mr. Speaker, I rise to honor receive positive guidance and mentoring from undermines the legislative process. However, Sherman Dickholtz, a World War II hero, be- professional women in South Florida. if no compromise is agreed to, I would support loved husband and father, and valued member The Women of Tomorrow Mentor and the McCain language as our policy toward tor- of the Illinois legal community. Mr. Dickholtz Scholarship Program is a perfect example of ture. passed away on Saturday, December 3, 2005 individuals uniting to improve the lives of our at the age of 80. f community’s youth, and I am proud of all As a member of the 17th Airbone Division, IN MEMORY OF MIKE KOUNTOURIS those who are associated with this remarkable Sgt. Dickholtz distinguished himself as an in- organization. fantryman, paratrooper and parachute rigger. HON. CHARLES W. ‘‘CHIP’’ PICKERING f He participated in campaigns in France and OF MISSISSIPPI Germany including Operation Varsity, the last HONORING MATTHEW SCOTT IN THE HOUSE OF REPRESENTATIVES full-scale airborne drop of the World War II. On March 24, 1945, he and the other mem- Friday, December 16, 2005 HON. RICK LARSEN bers of the 17th parachuted behind enemy Mr. PICKERING. Mr. Speaker, on Decem- OF WASHINGTON lines east of the Rhine River, and capture key ber 4, 2005, a dear and beloved member of IN THE HOUSE OF REPRESENTATIVES points in order to assist the advance of ground the Jackson, Mississippi community passed troops. Sgt. Dickholtz was awarded the away. Friday, December 16, 2005 Bronze Star for gallantry and meritorious serv- Mike Kountouris has been as much the Mr. LARSEN of Washington. Mr. Speaker, I ice. landmark to Jackson as his famous restaurant rise today to honor the heroism of a man

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.006 E17DEPT1 E2564 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 named Matthew Scott who nearly 9 years ago ago, when the House was not expected to be I met Carroll Campbell when we were both performed an act of uncommon courage that in session during December. elected delegates at the State Republican saved the life of a young woman in my con- f Convention in 1972 for the National Conven- gressional district. tion in Miami Beach. We were delegates when In August of 1997 a 15-year-old woman and RECOGNIZING JOHN CORRERO I hired fellow delegate Lee Atwater of her friend were out driving a truck near a very Newberry College to organize college cam- dangerous area in my congressional district HON. CHARLES W. ‘‘CHIP’’ PICKERING puses to work with Carroll in the Upstate to called Deception Pass. The road was dark, OF MISSISSIPPI elect President Richard Nixon. and the two girls could not see the road in IN THE HOUSE OF REPRESENTATIVES In 1975, as Executive Assistant to Governor Jim Edwards, South Carolina’s first Repub- front of them. Leslie, the driver, yanked her Friday, December 16, 2005 steering wheel in the wrong direction and lican Governor, I worked closely with Carroll drove off a 185-foot cliff into the freezing Mr. PICKERING. Mr. Speaker, for many and accountant Wagdy Demian to reform the ocean below. Her passenger managed to who attend and serve Mississippi State Uni- irregulataries at the Department of Social jump from the truck at the last second before versity, the university is more than an institu- Services. Our meetings were in hallways due it went over the edge. At the same time, tion, it is a family. Today I would like to recog- to concern of monitoring in offices and Mr. Mathew Scott, a young Naval Chief Petty Offi- nize and honor one of the most dedicated Demian courageously provided whistleblower cer, was driving by the location when he spot- members of that family who is retiring from information despite an attempt on his life. ted a busted guardrail, and a hysterical group work, but never as a Bulldog. In 1985, I was the first State Senator to en- of people pointing to the ocean below. This summer, John Correro retired from his dorse his candidacy for Governor and I Matthew does not consider himself a hero. position as Alumni Director of the MSU Alumni worked independently with State Senators On that night in 1997, he was just there for Association after serving the school for over Ryan Shealy and Warren Giese to recruit another human being—a young girl he had 35 years and being associated with Mis- Congressman Tommy Hartnett for Lieutenant never met. He scaled down a treacherous, sissippi State for over four decades. Governor and developed the Dream Team of dark cliff with only a small flashlight to guide He began his partnership with MSU as a two candidates with the highest integrity and him. At the bottom of his remarkable 185-foot student earning academic honors with three ability. descent, he swam 30 yards out in strong tides years as Varsity Football Letterman. John was In 1986, the gubernatorial campaign was a and frigid water to rescue young Leslie. She President of the Campus ‘‘M’’ Club; President historic breakthrough which fostered a Repub- was in bad shape. Leslie suffered a broken of the Kappa Delta Pi (National Honor Society lican majority in the State. Working with Bob back, leg, and arm and had numerous cuts in Education); and a member of Omicron Delta McAllister and Warren Tomkins, I researched, and bruises covering her body. Kappa (National Leadership and Scholarship developed, and publicized with State Senators Because of his selfless, courageous Society), Blue Key (National Leadership and David Thomas and Bill Branton, the sweet- heroics—Leslie is now 24-years-old and the Scholarship Society), Who’s Who in American heart leases of Democrat officials with state manager of a local coffee shop. She is also Colleges and Universities, President’s and agencies at ‘‘The Good Old Boys Tower.’’ the mother of a little girl and an upstanding Dean’s Scholar and was chosen Mr. Mis- After the election, Governor Campbell re-ne- member of her community. sissippi State University. He earned a B.S. gotiated the leases, saving taxpayers millions Matthew Scott has continued to dedicate his Degree in Physical Education from MSU in of dollars. life to one of military service. He is now a 1962 and stayed at the school to conduct In 1990, I was grateful to work with the Lieutenant studying for his MBA at the Naval graduate studies, earning a Masters in Edu- Campbell staff and irate Democrats uncover- Post Graduate School in Monterey, California. cational Administration and Counseling in ing purchasing irregularities at the State De- Those who know Lt. Scott talk about his ev- 1964. During that time he served as a grad- partment of Education, explaining the need to eryday heroics. As a member of the House uate assistant and as freshman football coach elect a new State Superintendent. Working Armed Services Committee, I am honored to at Mississippi State. with Representative David Wright, we were have had Lt. Scott serve at Naval Air Station John served as Executive Director of the slammed as ‘‘Hatchet and Tomahawk’’ by Whidbey Island in Washington state’s 2nd Mississippi State University Alumni Associa- Democrats, but the efforts prevailed to elect Congressional District. He is the truest face of tion since 1994. Previously he served as As- Barbara Nielsen as the State’s first Republican our U.S. Navy. Every day he honors what is sociate Director of the Alumni Association Superintendent, who served with great distinc- described as the Navy’s unofficial motto—‘‘not (1975–1994) and Field Secretary of the Alum- tion. self but country.’’ ni Association (1969–1975). During the two terms of the Campbell Ad- Lt. Scott has spent his life serving his coun- John is a dedicated member of the commu- ministration, I was honored to serve as floor try. That dark night in 1997 was no different. nity serving on numerous Starkville City and leader for his initiatives in the State Senate. But that night he served his country and his Oktibbeha County boards and organizations. The highlight was to address the power failure fellow Americans in a personal and profound He and his wife Gloria Collum Correro are of state government with restructuring. Work- way. Off duty, he still put his own life at risk committed members of St. Joseph Catholic ing with Chamber leader Paula Harper to save the life of another. Church. Gloria, like their two children Kimberly Bethea, Democrat Lt. Governor Nick Theo- For this, I come to the floor of the U.S. Ann Fandel of Tupelo and Chris of New Orle- dore, Senator David Thomas and Senator House of Representatives to honor him and ans, is a Mississippi State graduate. Greg Ryberg, we were successful. Due to the call on all of my colleagues to look to Mat- Mr. Speaker, John Correro’s legacy and House leadership of Rep. David Wilkins, we thew’s example to inspire us and spur us on dedication to Mississippi State University is a were able to pass a bill despite determined to our own acts of selfless service and care. family tradition and an example for Bulldogs opposition who were opposed to the reforms Because of Matthew’s humble heroics, Les- old and young. We are proud and thankful of and devoted to tarnishing the Campbell legacy lie is alive today. his lifetime of service and Mississippi State of success. Matthew is not just a good father—not just University is a better institution because of his The following obituary is a full tribute to a good sailor—he’s a good person. And he is hard work. Governor Campbell. This tribute ran in the The a true hero. f Post and Courier of Charleston, South Caro- lina, on December 9, 2005. f HONORING GOVERNOR CARROLL CARROLL CAMPBELL, JR. PERSONAL EXPLANATION CAMPBELL Carroll Ashmore Campbell, Jr., beloved husband, father, grandfather and former two- HON. ERNEST J. ISTOOK, JR. HON. JOE WILSON term South Carolina governor who led the OF OKLAHOMA OF SOUTH CAROLINA economic and political transformation of his home state, died of cardiac arrest Wednesday IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES at a Lexington health care facility after a Friday, December 16, 2005 Friday, December 16, 2005 five year struggle with Alzheimer’s disease. He was 65. Mr. ISTOOK. Mr. Speaker, my absence Mr. WILSON of South Carolina. Mr. Speak- Born July 24, 1940 in Greenville to Carroll from the House chamber for today’s votes and er, all South Carolinians have mourned the Sr. and Anne Williams Campbell, he was a any held this weekend is due to my attending loss of former Governor Carroll Campbell. As lifelong learner himself, educated in Green- my daughter’s wedding in Salt Lake City, a longtime friend, I especially appreciate his ville’s public schools and graduated from the Utah. The wedding was scheduled months service. McCallie School in Tennessee. As a teenager,

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.011 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2565 he paid his own way to attend college part- House and Senate chambers from 9 a.m. until the best interest of the Palestinian people, and time at the University of South Carolina- 7 p.m. Friday, December 9. The viewing is the essential first step toward creating an at- Spartanburg. He continued his education open to the public. Members of the S.C. mosphere conducive to peace. while in Congress, taking classes in the Army and Air National Guard will serve as evening and earning a master’s degree in po- honor guards during this time. f litical science and the award for outstanding The funeral will be held Saturday, Decem- PERSONAL EXPLANATION scholarship at the graduate level from the ber 10, at 10:30 a.m. at Trinity Episcopal Ca- School of Government and Public Adminis- thedral in Columbia. The body will be taken tration at American University. One pro- by caisson. The funeral will be open to the HON. SHELLEY BERKLEY fessor told friends in later years that Camp- public, though seating will be very limited. OF NEVADA bell was the only public official who had After the Columbia funeral, the body will IN THE HOUSE OF REPRESENTATIVES be taken to All Saints Episcopal Church at taken the class without having staff mem- Friday, December 16, 2005 bers do the classwork. He also held ten hon- Pawley’s Island for a brief service inside the orary doctorate degrees and received numer- church at 4 p.m., followed by burial in the Ms. BERKLEY. Mr. Speaker, due to a med- ous business and public service awards. church cemetery. This service, too, will be ical issue, I was unable to vote yesterday on Despite accomplishing reforms on behalf of open to the public, though seating will be rollcall No. 633, H. Res. 602, providing for the millions of fellow South Carolinians, Carroll very limited. consideration of H.R. 2830, the Pension Pro- Campbell took his greatest pride in the Pallbearers will be officers representing achievements and love of a few. His family— SLED, the Department of Natural Resources tection Act. Had I been present, I would have a wife of 46 years, two sons and their wives and the S.C. Highway Patrol. Members of his voted ‘‘no.’’ and four grandchildren—were his strength former security detail will be honorary pall- f and comfort. Iris and Carroll Campbell mar- bearers. ried in 1959 and soon became known in Dunbar Funeral Home is handling arrange- TRIBUTE TO NATALIE TERESA Greenville for their delight in the company ments. LANAM of friends and their shagging to the beach Visit our guestbook at music Carroll had learned and loved as a www.charleston.net/deaths. HON. ANNA G. ESHOO young lifeguard during high school summers f OF CALIFORNIA in Myrtle Beach. At 19, while working in the real estate PROVIDING THAT HAMAS AND IN THE HOUSE OF REPRESENTATIVES business, he cofounded a successful chain of OTHER TERRORIST ORGANIZA- Friday, December 16, 2005 parking facilities. In 1967, he was co-founder TIONS SHOULD NOT PARTICI- of a business that developed a chain of 13 Ms. ESHOO. Mr. Speaker, I rise today to PATE IN ELECTIONS HELD BY honor the life of Natalie Teresa Lanam, a dis- Burger King restaurants. He later became an PALESTINIAN AUTHORITY active breeder of Arabian horses, owning and tinguished and beloved resident of San Mateo operating a farm near Fountain Inn in the SPEECH OF County, CA, who died on December 8, 2005, Seventies. Later, along with his sons and after a long battle with cancer. others, he owned a chain of 19 Wendy’s res- HON. ROBERT WEXLER Natalie Lanam was a native of San Fran- taurants throughout South Carolina. OF FLORIDA cisco’s Mission District and her Mexican herit- He was first elected to public office in 1970 IN THE HOUSE OF REPRESENTATIVES as a member of the South Carolina State age was a source of great pride to her. She House of Representatives. Mr. Campbell Wednesday, December 14, 2005 was a faith-filled woman who was respected served there until 1974. Running in a 1976 spe- Mr. WEXLER. Mr. Speaker, I want to thank throughout our community for her decades of cial election, he won a seat representing my colleagues for joining me in introducing volunteerism and for the professionalism she Greenville in the state Senate. brought to every effort she was associated In 1978, Carroll Campbell was elected to the this critical resolution, which states unequivo- cally that Hamas should not be permitted to with. United States Congress from South Caro- Natalie Lanam was an effective fund-raiser lina’s fourth congressional district, the first participate in the upcoming Palestinian elec- for the causes she held dear. She volunteered Republican since reconstruction to hold that tions unless it disarms, renounces terrorism, for local schools and Easter Seals, and she seat. He served in Congress until 1986. ceases incitement and recognizes Israel’s right was best known for her commitment to pro- Campbell was elected as governor of South to exist as a Jewish state. Carolina in 1986 and re-elected in 1990. Job Since its establishment in 1987, Hamas has viding legal services for anyone who needed creation, strong economic growth, education them, regardless of their ability to pay. For reform and fiscal conservatism were the used terrorism as a means of achieving its pri- mary political goal—that is, the destruction of more than 15 years she volunteered for the hallmarks of his administration. Legal Aid Society of San Mateo County and In 1995, Mr. Campbell became President Israel. Hamas has masterminded and carried- and CEO of the American Council of Life In- out numerous terrorist attacks, and are re- her efforts were honored by the society when surers, the trade arm of the life insurance in- sponsible for maiming thousands and killing they named their building the Natalie Lanam dustry. He retired from that position in Jan- hundreds of innocent Israelis in addition to 26 Criminal Justice Center. uary 2002. He served on the board of directors Natalie Lanam is survived by her husband Americans. for BMW International, Fluor Corporation, of 55 years, the Honorable Bill Lanam who AVX Corporation, Norfolk Southern Cor- As we approach the Palestinian parliamen- tary election on January 25, Hamas has opted served with distinction on the Superior Court poration, Wackenhut Corporation, TRAC in San Mateo County and who was first elect- Racing and the Boy Scouts of America. to participate—for the first time—in the political In an October 2001 letter to the people of process. While this presents a unique oppor- ed as a result of Natalie’s superb organizing South Carolina, Mr. Campbell announced his tunity for the Palestinian Authority to delineate efforts. Natalie and Bill’s family of 4 daughters, diagnosis and plans to fight the disease. He red lines for political participation—including 2 sons, 17 grandchildren and 3 great grand- was an active supporter of the Alzheimer’s the denunciation of terror and disarming of children are a testament to the values of Nat- Association in South Carolina, raising funds alie Lanam and her special gifts to the world for the association and for the care facility militant groups—no preconditions have been set. Instead, the Palestinian Authority has sat God has called her from. that bears his name and where he spent his Mr. Speaker, I ask my colleagues to join me by as Hamas continues to assert its right to final days. in paying tribute to a remarkable woman for Surviving are his wife Iris, his son Carroll run for the parliament as a means of pro- her lifetime of devotion to her family, her faith, III and wife Elizabeth; son Mike and his wife moting its unconscionable agenda of incite- her community and her country and extending Ruffin, and four grandchildren, Blakeney ment and terror against Israel. Herlong Campbell, Carroll Barrett Campbell, The upcoming Palestinian election presents our deepest condolences to Judge Lanam and Michael Rhodes Campbell and Marie Riley a critical test for President Mahmoud Abbas, the entire Lanam family. Campbell, all of Columbia. He is also sur- f vived by Anne Mangum, Mary Carpenter, who has, thus far, failed to dismantle terrorist Elizabeth Tatum, and Caroline Campbell. organizations such as the Palestinian Islamic RECOGNIZING LEWIS F. MALLORY, Instead of flowers, the Campbell family Jihad and Hamas. The recent suicide bombing JR. asks that donations be made to the South in Netanya served as a painful reminder that Carolina Alzheimer’s Association, Attention: Mr. Abbas’s plan for ‘‘one authority, one gun’’ HON. CHARLES W. ‘‘CHIP’’ PICKERING Carroll Campbell Respite Program, PO Box has yet to be realized, and this resolution is 7044, Columbia, SC 29202. The Respite Pro- OF MISSISSIPPI gram helps family members relieve the intended to send him a message that he must IN THE HOUSE OF REPRESENTATIVES translate empty rhetoric into concrete action stress they may experience while providing Friday, December 16, 2005 care for a loved one with Alzheimer’s. on the ground. The governor’s body will lie in state on the The disarmament of Hamas and the true im- Mr. PICKERING. Mr. Speaker, I would like second floor of the State House between the plementation of ‘‘one authority, one gun’’ is in to take a moment to recognize one of

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.015 E17DEPT1 E2566 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 Starkville, Mississippi’s great citizens, in fact, It comes as a surprise to no one, I’m sure, strong foundation. I am concerned that the an outstanding businessman recognized that as a Christian, I support and look forward workers in many of our Nation’s oldest indus- across the entire state and a family man of to celebrating Christmas with my friends and tries are going to lose out when this legislative great reputation. Lewis F. Mallory, Jr., is chair- family. But this is beside the point. More im- process shakes out. I am concerned that the man of the board and chief executive officer of portantly, I support and respect the right of my future of the defined benefit—and the future of the National Bank of Commerce, now known fellow citizens to celebrate religion as they the worker’s nest egg built through a defined in Mississippi as Cadence Bank. He was in- chose. benefit plan—is in jeopardy. And I am con- ducted this year into the Mississippi Business The House floor should not be manipulated cerned that companies will continue to be able Hall of Fame. so one group or members can revel in their to dump their negotiated pension plans Lewis has been a leader in Mississippi own sanctimony. What makes America a great through bankruptcy proceedings. banking circles for decades, and has been and free society is our system of government Today’s bill does not go far enough in alle- very successful in leading his bank through a and our Constitution, which provides each cit- viating my concerns. period of tremendous growth. When Lewis izen with broad, basic rights and freedoms. However, I can tolerate this legislation for began his career, his bank had about $8 mil- One of these is freedom of religion. This right the simple reason that it gives us an oppor- lion in assets, two locations and 20 employ- treats all religions, and the lack of religion, tunity to go to conference and improve this ees. Today, he has $1.4 billion in assets in 32 equally. Yet today in this resolution, the House bill. And improve it we must—or I will be un- offices in 12 communities throughout Mis- singles out one religion over the others, and able to support final passage on a conference sissippi, Alabama and Tennessee. The com- defends one religious holiday at the expense agreement. pany provides jobs for more than 475 people of others. I wish this resolution had not come Today’s debate was a needed and nec- with earnings to exceed $14 million. to the floor. essary exercise. But as we look to conference, Lewis grew up on the campus of Mississippi Just over a month ago, the House of Rep- we must remain focused on protecting the re- State University where his father served as resentatives unanimously supported a resolu- tirement dreams, and indeed the American Vice President for Business Affairs. He grad- tion that I sponsored which stressed the need dream, to which so many of our workers look uated from MSU with special honors in 1965 for continuing interreligious dialogue and re- forward. with a degree in Banking and Finance and a spect. Rather than ‘‘protecting’’ one specific If the conference report doesn’t include the minor in Economics. While in college, Lewis religious holiday, we should protect and de- silver lining of pension protection our workers was a member of Phi Eta Sigma, Beta fend all of them. And we should honor the will depend upon in their golden years, I will Gamma Sigma, Phi Kappa Phi, and Omicron right of every citizen to celebrate or not cele- be unable to support this bill on final passage. Delta Kappa. brate these religious holidays as they chose. f Currently, Lewis is a member of the Board We should support and protect Hanukah, of Directors, Federal Reserve Bank of St. Kwanza, Diwali, and all other religious holi- IN RECOGNITION OF CHIEF MAS- Louis, Mississippi Economic Council, Mis- days. It is my experience that the American TER SERGEANT RALPH J. sissippi State University Foundation, Mis- people are much more respectful of each oth- CELENTO III SERVICE AND DEDI- sissippi Catholic Foundation, Greater Starkville er’s differences than the House may believe. CATION TO THE UNITED STATES Development Partnership and is on the Senior They do not need to be told to respect the AIR FORCE Executive Advisory Council for the College of symbols of Christmas. They already do, just Business and Industry at Mississippi State as they respect other religions. HON. JON C. PORTER University. Rather than creating a false argument over OF NEVADA Christmas, the House should honor the spirit Lewis is a member of St. Joseph Catholic IN THE HOUSE OF REPRESENTATIVES of Christmas through its own actions. Christ- Church in Starkville and he and his wife Pie Friday, December 16, 2005 are the parents of two sons, Marcus and mas is not about trees and candy canes, it is Lewis F. III. about a spirit of giving and helping those who Mr. PORTER. Mr. Speaker, I rise today to Mr. Speaker, Lewis Mallory is a highly re- need help. If the House wants to do some- recognize the contributions of a great Amer- spected businessman and community leader thing about Christmas, it should protect the ican, Chief Master Sergeant Ralph J. Celento and he thrives on promoting Starkville and various federal programs the Majority is trying III. I honor him today for his 30 years of serv- Oktibbeha County. I commend him on his se- to cut, such as food stamps, Medicaid, and ice in the United States Air Force. lection to the Mississippi Business Hall of money to help low income families pay their Chief Celento’s most recent assignment was Fame and I am proud that he is one of my home heating bills. Ending the cuts on these flight chief, vehicle operations for the 99th Lo- constituents. essential programs for the poor and disadvan- gistics Readiness Squadron, 99th Mission taged in our society would truly honor Christ- f Support Group, 99th Air Base Wing, Nellis Air mas. Force Base, Nevada. In this position Chief EXPRESSING SENSE OF THE I will vote present on this resolution because Celento was responsible for all enlisted mat- HOUSE THAT SYMBOLS AND it does not belong on the House floor. ters and he assisted the flight commander in TRADITIONS OF CHRISTMAS f daily missions. In addition, Chief Celento di- SHOULD BE PROTECTED PENSION PROTECTION ACT OF 2005 rected over 150 personnel, ten sections, and ensured that vehicle management services to SPEECH OF SPEECH OF Nellis AFB were complete. HON. RUSH D. HOLT HON. NICK J. RAHALL II Chief Celento was born in Rochester, New OF NEW JERSEY York and entered the Air Force in 1976. His OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES Air Force career has included assignments in IN THE HOUSE OF REPRESENTATIVES various transportation and logistical programs Wednesday, December 14, 2005 Thursday, December 15, 2005 on bases in North Carolina, California, Wash- Mr. HOLT. Madam. Speaker, I am troubled Mr. RAHALL. Mr. Speaker, the House today ington, Maryland, and Mississippi. Chief and disappointed that this resolution con- passed the Pension Protection Act. I voted in Celento also served overseas in Japan, Ger- cerning Christmas is before the House today. favor of this legislation, though with great res- many and the Republic of Korea. It is a solution in search of a problem, it is di- ervation. Chief Celento has been awarded over 19 visive, and it comes at the cost of substantive The Pension Protection Act is a comprehen- major awards and decorations during his dis- issues that should be addressed. sive attempt to reform our Nation’s pension tinguished service in the Air Force including There is a sad irony in this resolution. laws. Congress is taking up this issue in the the Bronze Star, Air Force Meritorious Service Christmas is supposed to be a season of wake of several major corporations defaulting Medal with five Oak Leaf Clusters, National goodwill, bringing people together, a holiday on their pension plans. American workers are Defense Service Medal with one Oak Leaf that brings out the best in us, and encourages crying out for assistance as their nest eggs, Cluster, Global War on Terrorism Expedi- us to reach out to our fellow man. Instead, this for which they’ve worked their entire lives, are tionary Medal, the Global War on Terrorism resolution was created simply so the Majority shrinking before their very eyes. I don’t think Service Medal and more. could pat itself on the back. It is a straw man, anyone can argue the fact that something Chief Celento’s accomplishments also in- and should not have been considered by the must be done. clude the White House Communication Agen- House because it is needlessly divisive and in- But H.R. 2830 is a far cry from what is cy Award, Best Vehicle Operations Flight in appropriate. needed to place our pension system on a Air Education and Training Command, Verne

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.019 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2567 Orr Award for Most Productive Unit, and the The Bailey’s said an all-day open house is was devastating. More than one thousand Best Vehicle Operations Flight in the Pacific set for Dec. 5 at the Decatur Telephone Com- people died and thousands of Gulf Coast resi- Air Forces Command among others. pany for customers and friends to join with dents lost their homes in these storms. As we Mr. Speaker, it is with great pride and heart- them in celebrating their anniversary with finger foods and refreshments available. now know, the Federal Government’s reaction felt gratitude that I salute Chief Celento for his and response was woefully inadequate. We’ve service and dedication to our great nation. Mr. Speaker, this month marks 60 years of seen how FEMA was ill-equipped to handle Bailey Family telephone service to Decatur, f the catastrophes caused by these massive Mississippi and hope they will continue for storms. We know that the then-Administrator RECOGNIZING THE DECATUR many more decades to come. They make it of FEMA, Michael Brown, was the wrong TELEPHONE COMPANY possible for my constituents to call here to choice to head such an important agency and Washington, DC and participate in the great we know that the lives of these Gulf State HON. CHARLES W. ‘‘CHIP’’ PICKERING American experiment, the democratic debate residents will never be the same because, in OF MISSISSIPPI of our Congress. They are able to call around part, of the botched Federal response. IN THE HOUSE OF REPRESENTATIVES the world and down the street. It may be tech- The responses to these hurricanes weren’t nology that makes it possible, but it could not Friday, December 16, 2005 all bad. The residents of the gulf coast were be done without the hard work of folks like Bill fortunate that there are non-profit organiza- Mr. PICKERING. Mr. Speaker, small and and Louise Bailey and their family. tions that were able to step in and provide the family businesses are the backbone of Amer- f basic services and care to the victims of these ica’s economy. Today I want to recognize one storms. of these family institutions that serve a com- COMMENDATION FOR ROGER EAS- One such group, America’s Second Harvest, munity in Newton County, Mississippi. In this TON, NATIONAL MEDAL OF was a beacon of hope during and after the day of international mergers and billion dollar TECHNOLOGY RECIPIENT storm, providing food and water to the victims. telecommunication deals, it is wonderful to see America’s Second Harvest is the nation’s larg- a small and stable company continue to pro- HON. CHARLES F. BASS est hunger-relief charity, and their truckloads vide telephone service to customers after sixty OF NEW HAMPSHIRE of food and water helped support food banks years in the same family. If I may, let me IN THE HOUSE OF REPRESENTATIVES and food-rescue organization in the gulf coast quote from The Newton Record’s November Friday, December 16, 2005 and other impacted areas. 23, 2005 issue and article titled ‘‘Decatur Tele- Yesterday, December 15th, America’s Sec- phone marks 60 years’’ by Kenneth Billings. Mr. BASS. Mr. Speaker, it is my privilege to ond Harvest released a report documenting Few enterprises are fortunate enough to congratulate New Hampshire resident Roger the impact of emergency food distribution in reach a milestone one local business will cel- Easton for receiving the National Medal of the wake of these devastating storms. Specifi- ebrate next month when its owners celebrate Technology, America’s highest honor for tech- cally, this report details the depth and breadth more than half a century of operating the nological achievement. of the impact of the Gulf region hurricane dis- business. On Dec. 5, Bill and Louise Bailey More importantly, I would like to commend will mark their 60th year as owners of the asters on the charitable food distribution sys- Decatur Telephone Company and the con- Mr. Easton for four decades of distinguished tem and the clients it serves. This report tinuation of a family legacy begun in 1945. service to the field of navigation technology shows that demand for emergency food as- ‘‘In a way it seems like any other day,’’ and to our Nation. His numerous inventions, sistance in the Gulf Coast tripled following Louise Bailey said of the upcoming anniver- from the Minitrack satellite tracking system to Hurricane Katrina. Just as startling is the find- sary. ‘‘Sometimes I can’t believe it has real- the ‘‘Navigation System Using Satellites and ing that the demand for emergency food as- ly been that long. The office has been a part Passive Ranging Techniques,’’ provided the sistance continues to be more than fifty per- of home so long it is sort of an ,extension of foundation for the development of the Global cent higher than it was before Hurricanes what we do everyday.’’ Positioning System (GPS) in widespread use The Baileys purchased the company short- Katrina and Rita. The study also confirms ly after Bill returned home from the mili- today. This crucial technology initially ad- what we know—that low income families and tary and began seeking a vocation. They pur- vanced the capacity and effectiveness of U.S. African Americans were disproportionately im- chased the company and all 46 customers satellites, in addition to providing a measure of pacted by the hurricane disasters. from Katie Perkins in 1945 and began what increased security in the Cold War era by ena- I’m a co-chair of the House Hunger Caucus, would grow into a family legacy. bling our military to track unknown objects or- a group I helped form to focus on and educate Over the years they nurtured the business biting the Earth. Mr. Easton’s ground-breaking Members of Congress about the issue of hun- and in 1976 earned the distinction of becom- inventions have subsequently inspired the use ger. Two days ago, the Caucus hosted a brief- ing the first telephone company in the world of GPS technology in the civilian sector, in- to be completely digital. Today, Decatur ing on the food distribution response—Federal Telephone boasts more than 2,500 customers cluding the system’s adaptation for usage in Government and private groups—to the hurri- in the central part of Newton County. commercial airplanes and personal auto- canes. What we learned is that we need to Bill, 84, and Louise, 83, still take an active mobiles. tighten up the system. We need to cut red part in the business, but in recent years have His contributions as a public servant are tape so that food and water is on the ground, begun to cut back. No longer is all day spent equally noteworthy, having served two terms ready to go into impacted areas right away. at the helm of the business as they prepare as a colleague of mine in the New Hampshire We need to educate people in disaster-prone to pass the reins to other family members to State Legislature and three terms on the areas so they have adequate supplies of food, carry on the legacy of the business. Although their son, Mark has gone on to a Board of the New Hampshire Electric Cooper- water and other necessities. career in medicine after spending summers ative. The National Medal of Technology could And we need to make sure that the Federal at the company as he grew up, their daugh- not have been bestowed on a more deserving Government and private groups have clear ter and company Vice President Esther individual, and it is an honor to offer this out- lines of communication and that there are real Smith is preparing to take control when standing contributor to America’s economic, plans in place so that the relief and recovery time comes for her parents to fully retire. environmental, and social well-being my heart- can begin immediately after a disaster. There Smith said taking up the family business felt congratulations. will be disasters. According to experts, the seemed the natural thing for her to do hav- Gulf Coast is only a mild tropical storm away ing spent most of her life inside the offices of f from being devastated once again. We must the company. STATEMENT ON RELEASE OF RE- ‘‘I have grown up here,’’ she said. ‘‘I re- take the lessons learned from Katrina and member when I would walk ‘home’ this is SPONSE BY AMERICA’S SECOND Rita, apply to them now, and get ready for the where I came. While momma and daddy HARVEST TO HURRICANES next natural disaster that will strike. worked I went into the storeroom and KATRINA AND RITA This report, and the expertise of America’s played. I even one time tried to memorize Second Harvest, is a good first step and I’d the entire phone book because I thought that HON. JAMES P. McGOVERN like to commend Bob Forney and his staff at was what I had to do. America’s Second Harvest for their work on it ‘‘Daddy was always so good to look into fu- OF MASSACHUSETTS ture. He was a real visionary business per- IN THE HOUSE OF REPRESENTATIVES and for their dedication to combating and end- ing hunger in America. As we look into the son. In the world, technology changes so fast Friday, December 16, 2005 and he was making advances for the com- successes and failures in the days leading up pany at a critical time. I just hope I can con- Mr. MCGOVERN. Mr. Speaker, the destruc- to and the days, weeks and months following tinue on the path daddy started.’’ tion caused by Hurricanes Katrina and Rita Hurricanes Katrina and Rita, this report should

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.022 E17DEPT1 E2568 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 play a critical role in the education of the HONORING FLORIDA STATE IN RECOGNITION OF COMPANY American people, as well as the U.S. Con- SENATOR PAULA DOCKERY ALPHA, 2ND BATTALION, 112TH gress, as to how America’s emergency food ARMOR OF DENTON networks responded to these natural disasters. HON. ADAM H. PUTNAM Copies of the report can be found on Amer- OF FLORIDA HON. MICHAEL C. BURGESS ica’s Second Harvest website OF TEXAS IN THE HOUSE OF REPRESENTATIVES (www.secondharvest.org). IN THE HOUSE OF REPRESENTATIVES Friday, December 16, 2005 Friday, December 16, 2005 f Mr. PUTNAM. Mr. Speaker, I rise today to Mr. BURGESS. Mr. Speaker, I rise today to honor a fellow public servant and dear friend, CONDEMNING ACTIONS BY SYRIA honor a dedicated group of soldiers from Den- whose dedication and hard work has earned REGARDING THE ASSASSINATION ton, Texas, who have devoted their lives to the admiration of not only the people of Flor- OF FORMER PRIME MINISTER OF saving our country and bringing freedom to ida, but public officials nationally as well. This LEBANAN the people of Iraq—the soldiers of Company is why I am proud to congratulate Florida Alpha, 2nd Battalion, 112th Armor of Denton. State Senator Paula Dockery for her well- Denton’s Company A is part of the 3,000 SPEECH OF earned selection as Governing Magazine’s members of the 56th Brigade Combat Team of 2005 ‘‘Public Official of the Year.’’ HON. ROBERT WEXLER the Texas National Guard’s 36th Infantry Divi- Senator Dockery was one of only eight pub- sion, which recently turned over its command OF FLORIDA lic officials from across the country, and the to the Georgia Army National Guard’s 48th IN THE HOUSE OF REPRESENTATIVES only Florida official, to be so honored. She Brigade Combat Team in Macon, Georgia. was recognized by Governing Magazine ‘‘in Wednesday, December 14, 2005 Deployed in August of 2004, the soldiers honor of her success in bringing diverse from Denton trained at Fort Hood, Texas, Mr. WEXLER. Mr. Speaker, I want to thank groups together to craft a sound and far- through December of last year before embark- Mr. ISSA and Mr. LANTOS for joining me in in- reaching water policy for the State of Florida.’’ ing to Iraq. While in Iraq, they were stationed troducing this critical resolution, which con- The magazine also stated ‘‘Since being elect- at Al Taqaddum, or ‘‘TQ’’ Airbase between demns Syrian efforts to hinder the investiga- ed to the House in 1996 and subsequently to Fallujah and Ramadi, Iraq. tion into the assassination of former Lebanese the Senate, Dockery has demonstrated the During the year-long deployment in Oper- Prime Minister Hariri, expresses support for ability to build consensus among groups with ation Iraqi Freedom, the 56th Brigade took extending the mandate of the investigative a history of contention.’’ Senator Dockery has part in combat missions, humanitarian relief, commission, and supports punitive sanctions also recently been awarded ‘‘Legislator of the convoy security and the recovery and destruc- against Syria if it continues to fail to comply Year’’ by the American Water Works Associa- tion of munitions. They were engaged in more with the ongoing investigation. tion for her ‘‘outstanding leadership and dedi- than 7,000 combat patrols, escorted convoys On February 14, 2005, former Lebanese cation in developing water supply legislation over 1.3 million miles and protected more than Prime Minister Rafik Hariri was assassinated for the people of Florida.’’ Additionally, the 150,000 civilian trucks. Most of the operations in a vicious terrorist attack in Beirut, Lebanon Florida Ocean Alliance presented the Senator took place at night, and patrols lasted 12 to 14 that killed 22 and injured more than 100. In re- with an award of appreciation for sponsoring hours. The soldiers encountered more than sponse, the U.N. Security Council passed legislation that established the Florida Ocean 330 improvised explosive devices while trav- Resolution 1595, establishing an international and Coastal Resource Council noting her eling on Iraqi roads, and the patrols were in- commission to investigate this attack and de- ‘‘leadership in sponsoring legislation to further volved in more than 250 small-arms engage- manding the full compliance of all U.N. mem- conservation and management of ocean and ments. ber states with the investigation. coastal resources.’’ These brave soldiers from Denton include: Yet, this is only a small portion of Senator This commission—led by German pros- CPT Mark Christopher Grahmann, 1st LT Dockery’s long history of bringing together dis- ecutor Detlev Mehlis—released its initial find- Chester Lee Harbert, 1st SG Charles George parate interests to craft sound environmental ings in a report that implicated senior Syrian Piatt, SFC Kevin Jay Brown, SSG Lonnie Ray policy. As a defender of private property rights officials in the Hariri assassination. This past Fuller, SGT Ryan Colby Erwin, SSG Michael and protecting Florida’s environmental re- week, a second report was released that ex- Samson Bowen, SGT Andrew Culloden Bell, sources, she constantly recognizes the impor- posed Syrian efforts to impede and obstruct Chris William Coufal, SGT Ashley Brant tance of sound conservation principles in a the investigation, including misleading the Acevedo, SGT Shane Benjamin Walter, SPC rapidly growing State. commission, providing falsified accounts and John Christopher Britton, SPC Scott Alan threatening those involved in the investigation. I had the opportunity to serve with Senator Dolat, SSG Mark Steven Sims. Dockery in the Florida State House of Rep- At this juncture, we must hold the Syrian re- f gime accountable for their actions and de- resentatives for 4 years, and it is her dedica- BROWNFIELDS REDEVELOPMENT mand Syrian compliance with the ongoing in- tion to the common good, passion for legis- ENHANCEMENT ACT vestigation. lating, and ability to inspire her colleagues, that has led the way to her success. In 1999, Since the assassination of Prime Minister Senator Dockery authored the Florida Forever SPEECH OF Hariri, targeted assassinations aimed at intimi- initiative, providing $300 million a year to pur- dating Lebanese opponents of Syria have con- HON. MICHAEL R. TURNER chase land for preservation. Business interests OF OHIO tinued unabated. Just this past week, a promi- and environmentalists both praised the pro- IN THE HOUSE OF REPRESENTATIVES nent and well-respected journalist was killed in gram. In addition, she followed this initiative a car-bombing in Beirut. Make no mistake; this with the goal of developing a water plan for Tuesday, December 13, 2005 was a clear attempt to limit freedom of the Florida. Spending much of 2003 and 2004 de- Mr. TURNER. Mr. Speaker, I support H.R. press in Lebanon on the part of the Syrian re- veloping legislation to conserve water for Flor- 280, the Brownfields Revitalization Enhance- gime. ida’s future, Senator Dockery successfully led ment Act. I want to thank Congressman MIL- This resolution does just that. It supports the the passage of SB 444 in 2005, creating com- LER from California for his hard work and dedi- findings of the Mehlis report, condemns the prehensive water legislation that provides cation toward the issue of brownfields redevel- Syrian Government for its apparent involve- $300 million to help local governments de- opment. I look forward to working with Con- ment in the assassination of former Prime velop water supply through alternative re- gressman MILLER in the future on this issue. Minister Hariri and others, and demands Syr- sources. Brownfield sites are served by an existing ian compliance. It also supports U.S.-led ef- The constituents of Senate District 15 and infrastructure and through their remediation, forts to hold Syria accountable for its role in the State as a whole are extremely blessed to urban sprawl can be reduced. Redeveloping the Hariri assassination under Chapter 7 of have her leadership serving them in Tallahas- brownfields could create 1.9 billion dollars an- the U.N. Charter, which leaves the door open see. As the Senator continues to proudly nually in increased tax revenues for American for sanctions. serve the good people of Florida, I look for- cities. As the U.N. considers the grave and far- ward to many more accomplishments as she H.R. 280 provides grant money to cities and reaching implications of the Mehlis report, I continues to lead and guide the future of our towns to redevelop brownfield sites. This bill strongly support critical and timely resolution. great State. also detaches grant availability from section

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.027 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2569 108 loan guarantees, which allows more com- TRIBUTE TO ALL-AMERICAN the Tioga Nicetown CDC. She has been a munities to have access to critical grant funds. HEROES member of the vestry of St. Simon’s Church, Mr. Speaker, we must clean up our Nation’s and has taken on the role of Board Member brownfields. These contaminated sites are HON. MICHAEL C. BURGESS in organizations ranging from the Nicetown hazards to our communities, and through their OF TEXAS Boys and Girls Club, to the Citizens of Tioga remediation we can bring businesses and fam- IN THE HOUSE OF REPRESENTATIVES Nicetown, to both the Temple University Hos- ilies back into American cities. pital and Jeans Hospital. Friday, December 16, 2005 Today, Mr. Speaker, I extend my warmest f Mr. BURGESS. Mr. Speaker, it is my honor congratulations to Anita DeBrest upon her to represent these All-American heroes. Their 25th anniversary as president of the COLT A SPECIAL TRIBUTE TO DENNY dedication to democracy and their strength of Coalition; I also wish to express my deep grat- SCHAFFER IN RECOGNITION OF character are to be admired and emulated: itude for her many years of dedicated service HIS CONTRIBUTIONS TO NORTH- SPC Michael Wayne Bennett, SSG Roy to the community. I ask that you and my other WEST OHIO Edgar Bowers, SGT Shawn Michael Porter, distinguished colleagues rise to recognize Ms. SGT Carlos Antonio Garcia, SPC Terry DeBrest for her many accomplishments. Davinci Mitchell, SGT Eric Arthur Stevens, f SGT Jason Eiron Sternberg, SGT Jerome Jo- HON. PAUL. E. GILLMOR seph Koehler, SPC Jacob Sterling May, SGT THE DIGITAL TRANSITION OF OHIO Warren Keith Moore, SPC David Frank CONTENT SECURITY ACT OF 2005 Denbek, SPC Johnathan Lee Hicks, 1LT IN THE HOUSE OF REPRESENTATIVES Brian Marsh Gallavan, 1LT Matthew Vance HON. F. JAMES SENSENBRENNER, Jr. Friday, December 16, 2005 Isch, 1LT Richard Joseph Sabe, SFC David Edwin Hewett, SFC Hudson Martin Roberts, OF WISCONSIN Mr. GILLMOR. Mr. Speaker, today I pay SSG James Alson Fountain. IN THE HOUSE OF REPRESENTATIVES SFC David Wayne Harris, SSG Jose tribute to a good friend of Northwest Ohio. In Manuel Orozco, SSG Douglas Ray Taylor, Friday, December 16, 2005 October of this year, the great city of Atlanta, SFC Robert Lloyd Thomas, SFC Mark White, Mr. SENSENBRENNER. Mr. Speaker, today Georgia received a gift of one of Ohio’s adopt- SGT Jose Arias, SGT Robert James Bush Jr., I am introducing the Digital Transition Content ed sons. After 25 years in radio, including SGT Anthony Ellis, SGT Paul Douglas Ford, Security Act of 2005. This legislation is de- more than a dozen years in Toledo, Denny SGT Christopher Joe Henry, SGT Jason Lee signed to close the ‘‘analog hole’’ that has Schaffer has become one of the newest Geor- Martin, SGT Archie Lamont Price, SGT Ed- arisen as a result of the transition to digital gia Peaches. ward E. Roelofs, SFT Kristopher Erik Town- send, SGT Curtis Lloyd VanHusss, SPC Jo- transmission technologies. The term ‘‘analog A native of Flint, Michigan, Denny Schaffer seph Ray Calhoun, SPC Joseph Andrew hole’’ refers to the use of devices to convert dominated the Toledo radio market since his Carten, SPC Robert Junior Downs. analog content into digital versions which can debut in 1993. After hosting the ‘‘Breakfast SGT Gregory Wayne Horn, Jr., SGT Na- easily be uploaded onto the Internet. Although Club’’ on 92.5 KISS–FM for 10 years, Denny than Andrew Lemmon, SGT Wayne Douglas many of those who convert analog content moved to 1370 AM WSPD’s afternoon talk Melton, II, SPC Victor Cazares Mozqueda, Jr, SPC Daniel Patrick Rico, PFC Eric into digital form are not engaging in any illegal show. His biting commentary and political conduct, there are unfortunately criminals who knowledge made Denny Schaffer one of the Alejandro Stanley, SPC Seth Thomas Tackett, SGT David Thomas Tolan, SPC take advantage of existing deficiencies in cur- most listened to radio personalities in Toledo. Phillip James Easterling, SPC Ariel Daniel rent law and technology to obtain copyrighted I had the privilege of appearing on Denny Garcia, SPC Matthew Alan Germain, SPC content in order to redistribute this content for Schaffer’s radio show on numerous occasions. Nagaris Traion Johnson, SPC Raymond Gene profit at the copyright owner’s expense. Every time I was interviewed by Denny, I Leger, SPC Keith Ryan McGriff, SPC Ernest There is no doubt that piracy of intellectual found him to be fair and knowledgeable of the Ronald McMichael, SGT Thomas Nelson property can be a profitable criminal activity. Miner, SPC Joshua Roland C. Pierce, SGT Just this week, a software pirate pled guilty in political climate both in Northwest Ohio and in Jeffrey Paul Rico, PFC Joshus Lee Washington. I know that Denny’s quick wit and Walterscheid, SPC Robert Christopher Wil- Alexandria, VA, to making $20 million in sales sharp mind will entertain the people of Atlanta lis. of counterfeit intellectual property. The House and keep Georgia’s politicians on their toes. f Judiciary Committee has extensively examined A frequent Fill-In Host for the nationally syn- efforts to strengthen and update intellectual A TRIBUTE TO ANITA DEBREST dicated Glenn Beck Show, Denny’s reputation property laws to address intellectual property in radio precedes him to Atlanta. Denny’s de- theft made possible by new technologies. This votion to God, his Family and his Country will HON. ROBERT A. BRADY legislation is no different. serve the Atlanta listeners of WGST Radio OF PENNSYLVANIA The ‘‘analog hole’’ is unfortunately a poten- well. For more than a decade, Denny has IN THE HOUSE OF REPRESENTATIVES tial source of pirated content that becomes an attractive target for pirates as high quality hosted charity events and encouraged his Friday, December 16, 2005 loyal fans to give freely to those in need. How- sources of content are made available to the ever, Denny’s devotion as a loving husband Mr. BRADY of Pennsylvania, Mr. Speaker, I public in high definition format. Congress is al- and father is the best gift he can give. I am rise today to honor Ms. Anita DeBrest as she ready considering another technology, the certain that Denny’s legacy as a giving and reaches her 25th year as president of the ‘‘broadcast flag,’’ to address the redistribution big-hearted person will follow him to Atlanta. COLT Coalition, a Philadelphia organization of high definition content. The analog hole is that she herself founded. Due to her tireless its counterpart. I joined the thousands of saddened North- work, the COLT Coalition has built an impres- Congress has previously mandated the use west Ohioans this past August in learning that sive record in the past 25 years: it has devel- of technology to limit and frustrate redistribu- Denny Schaffer would no longer grace our air- oped many townhouses, including the first tion of video content. Enacted at 17 U.S.C. waves. But we consider Denny our gift to the modular townhouse in Philadelphia, it has de- 1201(k) as part of the Digital Millennium Copy- citizens of Georgia and know that they will be veloped the St. Joseph’s Apartment Building, right Act, Congress required the use and de- well served, and certainly entertained, by his and it has acquired many housing units to be tection of Macrovision technology in several commentary, his humor, and his ability to used for low-income rental. analog devices. This new legislation builds avoid FCC rebuke. Ms. DeBrest’s accomplishments are in no upon this existing law by mandating the detec- Mr. Speaker, I ask my colleagues to join me way limited to her time at the COLT Coalition. tion and response to two separate tech- in paying special tribute to an adopted Ohioan, While this marks her 25th year as president of nologies that work together to defeat pirates. Denny Schaffer. On behalf of the people of the COLT Coalition, it is also her 50th year of The two technologies are the Content Genera- the Fifth District of Ohio, I am honored to rec- service to the Philadelphia community. Her list tion Management System—Analog, CGMS–A, ognize Denny’s efforts to better our commu- of achievements is a long and diverse one: and Video Encoded Invisible Light, VEIL. nity. His impact on Northwest Ohio will remain first, in 1955, she created a school to teach The timing for this legislation is readily ap- in our minds long beyond his departure and girls etiquette and job skills, next moving on to parent. New technologies have made the we wish Denny, his wife Sharon, and their become President of the Benjamin Franklin widespread redistribution of copyrighted con- children Olivia and Joshua all our best in the High School PTA, and later to become Presi- tent significantly easier. Some have referred to future. dent of Tioga Homeowners Association and the Internet as the world’s greatest copying

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.031 E17DEPT1 E2570 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 machine. While the Internet has without ques- and nongovernmental organizations, ‘‘yes’’; history. They have all been dedicated to out- tion been a huge benefit to society on a num- 642, close portions of the Defense Authoriza- reach and service. The church prides itself on ber of levels, some have used the Internet for tion Conference, ‘‘yes’’; 643, motion to instruct its deep commitment and passion to its sur- criminal gain, notably the redistribution of conferees, ‘‘no’’; 644, previous question, rounding community. The first contribution to copyrighted content without the copyright own- ‘‘yes’’; 645, on agreeing to the resolution, H. the Glendale community was the Glendale Ad- er’s permission. Enactment of the Digital Tran- Res. 619, ‘‘yes’’; 646, on agreeing to the reso- ventist Hospital. Shortly thereafter a private sition Content Security Act of 2005 will help lution, H. Res. 621, ‘‘yes’’; 647, on agreeing to school was established and open to all. Addi- ensure that the rights of copyright owners are H. Con. Res. 294 as amended, ‘‘yes’’. tionally, the church offers free classes in top- respected. f ics such as health, cooking, and meditation. The legislation would require that devices Locally, the church supports community efforts that convert analog content pass through the HONORING NATELEE BRINLEE put forth by Glendale Adventist Medical Cen- CGMS–A and VEIL content protection signals ter, the AIDS Service Center in Pasadena, contained in the original version. To ensure HON. EDDIE BERNICE JOHNSON Project Achieve in Glendale, and the CINCO that the technology used does not become OF TEXAS Job Development Center in Los Angeles just outdated, the Patent and Trademark Office is IN THE HOUSE OF REPRESENTATIVES to name a few. authorized to conduct ongoing rulemakings to Friday, December 16, 2005 I ask all Members of Congress to join me update the technology. today in congratulating the Glendale City Sev- The Judiciary Committee’s Subcommittee Ms. EDDIE BERNICE JOHNSON of Texas. enth-Day Adventist Church for 100 years of on Courts, the Internet, and Intellectual Prop- Mr. Speaker, I rise today to recognize an ex- outstanding service to the city of Glendale and erty held a hearing on a discussion draft of traordinary young woman whose bravery and surrounding communities. this legislation last month. Witnesses from the quick thinking saved her family from a dev- f Motion Picture Association of America, the Re- astating fire. Eight-year-old Natelee Brinlee is cording Industry Association of America, the a hero in every sense of the word. REMARKS ON THE POLITICAL Consumer Electronics Association, and Public Natelee had been through the Irving Fire SITUATION IN ETHIOPIA Knowledge testified. Their testimony covered Department’s Safety House where she learned piracy issues generally as well as more spe- how to implement life-saving measures during HON. EDOLPHUS TOWNS cific issues regarding the legislation. a fire emergency. When a fire started in her OF NEW YORK The bill I am introducing today makes sev- home, Natelee knew to call 911, and alertly IN THE HOUSE OF REPRESENTATIVES eral changes to the original discussion draft. woke up her uncle and brother. This heroism Friday, December 16, 2005 Various provisions of the bill have been rewrit- saved Natelee, her uncle and two brothers. ten to ensure that the intent of the bill is clear. Natelee Brinlee showed maturity and brav- Mr. TOWNS. Mr. Speaker, I rise today to The references to several tables in the original ery well beyond her 8 years. The recognition address reports that one of America’s key al- draft have been clarified so that the Patent she is receiving is imminently well-deserved, lies in the global war on terror, the Federal and Trademark Office develops these tables and I know this is merely the first step of Republic of Ethiopia, is experiencing nascent after an open, public rulemaking. The original many bright years ahead. strains of instability that will not only affect that draft had assumed that these tables would f country’s capacity to continue its partnership have been developed by the industry groups with us in combating terrorism, but may have IN RECOGNITION OF THE GLEN- in time for the introduction of this legislation. profound consequences for economic growth DALE CITY SEVENTH-DAY AD- This has not yet happened. and the protection of civil liberties and political VENTIST CHURCH’S 100TH ANNI- Finally, I urge all interested parties to con- rights. VERSARY CELEBRATION tinue to negotiate to see if a private sector so- In 1991, the people of Ethiopia overthrew a lution can be fully developed to address the brutal Marxist dictatorship that had terrorized ‘‘analog hole.’’ This issue is simply too impor- HON. ADAM B. SCHIFF the country for more than 15 years. That re- tant for parties to avoid negotiations. I look for- OF CALIFORNIA gime had used starvation as a tool to sub- ward to working on this and other legislation to IN THE HOUSE OF REPRESENTATIVES jugate Ethiopia’s people, impoverishing the very workers it claimed to represent, while en- protect intellectual property in the second ses- Friday, December 16, 2005 sion of the 109th Congress. riching a totalitarian elite at the expense of the Mr. SCHIFF. Mr. Speaker, I rise today to f country’s children. congratulate the Glendale City Seventh-Day The democratic revolution that deposed the PERSONAL EXPLANATION Adventist Church on 100 years of outstanding dictatorship also resulted in independence for service to the community. Ethiopia’s neighbor, Eritrea. That event has HON. HENRY J. HYDE On January 27, 1906, Conference President led to its own problems, including a border OF ILLINOIS George W. Reaser and 29 individuals gath- dispute between the two countries that share IN THE HOUSE OF REPRESENTATIVES ered in the parlor of the Glendale Sani- a common history and many cultural values, tarium—formerly the grand old Glendale but that is an issue to address on another day. Friday, December 16, 2005 Hotel—to hold Glendale’s first official Seventh- Today I wish to express my concern for the Mr. HYDE. Mr. Speaker, on December 14, Day Adventist worship service. One year later, situation that has manifested itself in the past 15, and 16, 2005, I was absent for several the Glendale Church School—now Glendale several months, since Ethiopia held elections votes for personal reasons. Had I been Adventist Academy—opened with 15 students. for its Parliament, elections that resulted in an present, I would have voted: In 1911, a church building was purchased at increase in the number of opposition legisla- Vote No., description, vote: 626, motion to what is now the corner of Wilson and Isabel tors from 12 to 174. This remarkable advance recommit, ‘‘no’’; 627, adoption of PATRIOT streets. Membership grew rapidly and in 1919, in democracy occurred despite the fact that Act conference report, ‘‘yes’’; 628, adoption of the burgeoning congregation moved the several opposition parties chose to sit out the Labor/HHS Approps conference report, ‘‘yes’’; church to land purchased at the corner of Cali- election in protest. 629, motion to close portions of the Defense fornia and Isabel streets. For 11 years, this Immediately after the election, a delegation Approps conference, ‘‘yes’’; 630, motion to in- new building served its members well. Trag- led by former President Jimmy Carter re- struct conferees, ‘‘yes’’; 631, establishing the ically in 1930, a fire broke out in the new ported: Task Force on Ocean Policy, ‘‘no’’; 632, Traf- church as a result of a boiler malfunction. The May 2005 elections, the third to be held ficking Victims Protection Reauthorization Act, Members quickly took on the task of raising under the current constitution, showed great ‘‘yes’’; 633, on agreeing to the resolution, funds to rebuild on the site. Two years later on promise in the deepening of Ethiopian de- ‘‘yes’’; 634, motion to recommit Pension Pro- April 16, 1932, the current Spanish style sanc- mocracy. For the first time in history the tection Act, ‘‘no’’; 635, passage Pension Pro- tuary was dedicated. The topic of Pastor majority of Ethiopian voters were presented tection Act, ‘‘yes’’; 636, on agreeing to the res- Reaser’s sermon in 1906 is now forgotten, but with choices when they went to the polls. We believe that Ethiopia has made tremendous olution, ‘‘yes’’; 637, symbols and traditions of it is evident that the spark he ignited that day strides toward democracy in the last several Christmas, ‘‘yes’’; 638, observance of an still shines at Glendale City Seventh-Day Ad- months, including more open debate, greater American Jewish History Month, ‘‘yes’’; 639, ventist Church. political participation, large rallies, and Jackson-Lee amendment, ‘‘no’’; 640, Hunter Glendale City Seventh-Day Adventist enormously high voter turnout on election amendment, ‘‘yes’’; 641, Russian Federation Church has had 26 pastors over its 100-year day.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.035 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2571 The results were not accepted by everyone And this is a very diverse opposition in Certainly in Ethiopia, we hold the govern- with equanimity, however. Following the par- Ethiopia. There are some who are dem- ment accountable. We’ve protested the ar- liamentary elections, in which some 90 per- onstrating to sit in parliament, to create rests. We’ve protested the political violence greater democratic space. There’s others who with the Ethiopian Government and we are cent of registered voters went to the polls to are demonstrating to overthrow the govern- going to continue to do so. We’re putting tre- cast their ballots (a figure that should be taken ment. And that’s true that there are dif- mendous pressure on Prime Minister Meles. as instructive even for mature democracies ferent—there are some who want to reclaim (Source: State Department Washington such as our own), some opposition groups or- Eritrea. File, December 7, 2005, ‘‘State’s Frazer Her- ganized protest demonstrations in the capital So this opposition—there’s democrats alds Spread of Democracy in Africa.’’) city of Addis Ababa. within the opposition and there are non- Mr. Speaker, Assistant Secretary Frazer’s In an unfortunate series of events, Ethiopian democrats within the opposition. I would say remarks suggest a fair, balanced, and judi- police and security forces shot at the crowd, the same thing for the government. But still cious approach to a sensitive and dynamic sit- killing about 40 of the demonstrators. Then, in we hold the government more accountable for not allowing free demonstrations. We’ve uation in Ethiopia. I urge my colleagues to October, another demonstration took place, in called on the government to free the many monitor Ethiopia’s emerging democracy in which some of the protesters came armed who are jailed and we’ve called on them to order to keep the pressure on both govern- with clubs and grenades, resulting in the death free the leaders of the opposition who are in ment and opposition there to respect the rule of six police officers and another 335 officers jail right now, who are detained. . . . of law and protect civil liberties. This is impor- injured. Forty-six protesters were also killed. As I said, we’ve already pressured the Gov- tant to U.S. interests because, to paraphrase In mass arrests that took place following ernment of Ethiopia to release the detainees. the testimony of Ambassador Donald these demonstrations, more than 11,000 peo- We’ve been very, very clear. We’ve asked Yamamoto, stability in the Horn of Africa is a them to conduct free and transparent judi- ple were detained on a range of criminal priority for the U.S. Government in the global charges, from misdemeanor public disturbance cial processes for those who are not released and to allow international observers to be war on terrorism. to plotting to overthrow the government. Of present at the trials. So we’ve been very f these, 2,000 remain in jail, awaiting trials that clear and unequivocal in our message. are scheduled to being within the next few I met with Prime Minister Meles at the UN PROVIDING THAT HAMAS AND weeks. The Ethiopian government has as- General Assembly with Under Secretary OTHER TERRORIST ORGANIZA- sured us that all the detainees have access to Nick Burns and we were very, very clear TIONS SHOULD NOT PARTICI- legal counsel and contact with their families, with Prime Minister Meles at that time. You PATE IN ELECTIONS HELD BY and that due process of law will be followed in know, that was prior to these demonstra- PALESTINIAN AUTHORITY tions, but even at that time we were saying each and every case that comes before the you have to respect the right of people, citi- SPEECH OF courts. zens of Ethiopia, to demonstrate freely and Ethiopia’s Prime Minister, Meles Zenawi, es- to express themselves freely, that there HON. BARBARA LEE tablished an independent commission to in- shouldn’t be these wide-scale arrests. OF CALIFORNIA vestigate the events and to bring rec- And so we’re going to continue. We have IN THE HOUSE OF REPRESENTATIVES ommendations for improving ways in which conversations constantly with members of Wednesday, December 14, 2005 the police handle large crowds and dem- the opposition. At the Africa Bureau at onstrations. He has stated publicly that he re- State Department we meet with them, we Ms. LEE. Mr. Speaker, on December 14, grets the deaths, adding ‘‘I don’t want to justify talk with them. We’re meeting with them 2005, the House voted on H. Res. 575, a res- and talking with them and their families in olution stating that Hamas should not be per- it when policemen get in a panic, but I can un- Ethiopia. And so I think that we’re very en- derstand it when there are people throwing mitted to participate in Palestinian elections. I gaged. You know, we’re continuing to put voted ‘‘no’’ because this resolution is based on hand grenades and using guns.’’ pressure. But I say this and I say this broad- These actions and assurances are very im- ly and I’m not saying it about Ethiopia. I’m a faulty premise; that democracies should limit portant, but the underlying situation remains actually making a point about the progress who participates in elections. disturbing. I would like to commend to my col- of democracy in Africa. And the opposition First, I want to be clear: I unequivocally de- leagues the recent remarks of Dr. Jendayi also has to be responsible. nounce and condemn any and all terrorist Frazer, who serves as assistant secretary of You know, and I’m saying this about—you acts, whether committed by Hamas or any State for African Affairs. At a press briefing on know, across the continent. If you get—and other terrorist group. I believe that the United this is—you know, the opposition in Ethiopia States should do everything within its power to December 5, Assistant Secretary Frazer was is a broad-based opposition. It’s a coalition asked about the situation in Ethiopia, and she strengthen President Abbas’s ability to estab- opposition. So I’m not speaking about any lish and ensure respect for the rule of law, to replied, in part, by saying: particular or in general. But I am saying We have condemned what’s going on in that one of the elements of democratic demand that all individuals renounce violence, Addis Ababa. We have done it here in Wash- progress that we need to see in Africa is real and to successfully disarm all militant groups. ington and our Ambassador, who is the democrats in the opposition. You know, op- Participation of Hamas in elections and inte- Charge´, has done it in Addis Ababa. Basi- position leaders who want to be part of gov- gration of Hamas into mainstream Palestinian cally, we’ve condemned the police shooting ernment; they want to as democrats. You politics is a risky strategy. However, demand- of demonstrators. We’ve condemned the know, it’s not personal. It’s not sort of over- ing that President Abbas exclude Hamas from broad-based arrests of demonstrators. So cer- throwing governments. It’s not—and I’m participation—and threatening consequences if tainly we’ve been on—we are on the record not—again, I want to be very clear. I’m not he does not meet this demand—also involves as putting pressure on Prime Minister Meles talking about Ethiopia here. I’m talking risks, including undermining the nascent Pal- to allow for greater freedom of assembly and about oppositions in general. certainly freedom of expression. As important as I see it in terms of the estinian democracy and sparking more blood- We have—my Deputy Assistant Secretary progress of democracy, we have to put a lot shed and possibly even civil war. Don Yamamoto just returned from Ethiopia, of emphasis on these independent national There is no question that Hamas can and in which he carried the same message to electoral commissions because they conduct must be disarmed. However, I do not believe Prime Minister Meles and to the Foreign the elections and they often count the votes. the best way to achieve this is necessarily Minister. So we’re continuing to hold the And so if we get these institutions to be through ultimatums. I believe that the adminis- government accountable for allowing greater credible, it will give greater confidence to tration and Congress should be working with democratic space and respect for human civil society that they’ve had a free and fair President Abbas to strengthen his authority, rights. election. So we need to strengthen these in- That said, I must say also that it’s the re- stitutions. That’s a key component of de- bolster moderates, and ensure that his own sponsibility of the opposition as well because mocratization. We need to hold accountable strategy for taking on militants—from Hamas when the opposition takes stones and pelts the governments that are not allowing a and from other parties, including his own the police forces, they have to respect the level playing field. We have to put more Fatah—succeeds. Our shared vision is for a rule of law when they’re demonstrating free- pressure on them to allow that level playing stable and democratic Palestinian state where ly. And so I think that the responsibility— field. views are expressed through legitimate polit- this is true of Ethiopia but it’s true across And we also have to get the opposition to ical channels rather than violence—a state Africa—there’s responsibility that has to be act responsibly. You know, many of them, as where there is, as President Abbas has re- there for both the opposition and for the gov- soon as they’re about to lose, they then de- ernment. Whereas we hold the governments cide it was unfair or they decide to boycott peatedly stated, one authority and one gun. even more accountable because they are sup- because they know they’re going to lose, you Our goal must be to find ways to make this posed to be the upholders of the rule of law, know. And so I think that there’s all ele- happen. we still must say when the opposition goes ments of society that are responsible for the As the former military governor of the West out of bounds as such. progress of democracy. Bank and Israeli Deputy Defense Minister,

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.040 E17DEPT1 E2572 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 Ephraim Sneh, wrote in the Washington Post this need by incorporating checks and bal- Were I able to vote, I would have voted in on October 19, 2005: ‘‘Attempts to postpone ances on the front-end and back-end of the support of the resolution. the elections yet again, or to prevent Hamas’s process. f participation, or Israeli disruption of the elec- On the front-end, the bill: Restores the pre- tions as ‘punishment’ for the participation of Patriot Act standard for issuing NSLs: the gov- RECOGNITION OF THE CENTER Hamas, will strengthen Hamas in the Pales- ernment must show a specific connection to a FOR RESEARCH ON EVALUATION, tinian street instead of weakening it. The short terrorist or foreign power before an NSL could STANDARDS, AND STUDENT time left before the elections must be used to be issued; requires approval of each NSL by TESTING (CRESST) empower all who oppose Hamas, first and a FISA Court or designated federal magistrate foremost the supporters of the elected Pales- judge; requires the FISA Court to set up an HON. HOWARD P. ‘‘BUCK’’ McKEON tinian president, Mahmoud Abbas.’’ electronic system for filing NSL applications, OF CALIFORNIA Mr. Speaker, I am committed to doing all we so that requests are expedited and investiga- IN THE HOUSE OF REPRESENTATIVES can to support the fragile peace in the Mid- tions will not be slowed down. Friday, December 16, 2005 east. Sabre-rattling resolutions like this are On the back-end, the legislation: Provides a only counterproductive. Sense of Congress that, in cases where an Mr. MCKEON. Mr. Speaker, I rise to recog- f NSL recipient challenges the ‘‘gag’’/non-disclo- nize the University of California at Los Ange- sure requirement, the government’s certifi- les’ (UCLA) Center for Research on Evalua- INTRODUCTORY STATEMENT TO cation that harm to national security will occur tion, Standards, and Student Testing ACCOMPANY THE NATIONAL SE- shall be treated as a ‘‘rebuttable’’ presumption, (CRESST) for their work in helping to improve CURITY LETTER AND CONGRES- not as ‘‘conclusive’’ evidence that harm would education performance. SIONAL OVERSIGHT ACT occur; requires minimization procedures to en- For more than 30 years, the UCLA Center sure destruction of information obtained for the Study of Evaluation (CSE) and, more HON. JANE HARMAN through NSL requests that is no longer need- recently, CRESST, have been on the forefront OF CALIFORNIA ed; and requires detailed semi-annual reports of efforts to improve the quality of education, IN THE HOUSE OF REPRESENTATIVES to the Congressional Intelligence and Judiciary training, and learning in America. Located within UCLA’s Graduate School of Education Friday, December 16, 2005 Committees on all NSLs issued, minimization procedures, court challenges, and how NSLs & Information Studies, CSE/CRESST has pio- Ms. HARMAN. Mr. Speaker, two days ago, aided investigations and prosecutions. neered the development of scientifically based the House passed the conference report to We must arm our investigators with the evaluation and testing techniques, vigorously H.R. 3199 reauthorizing certain expiring provi- tools to catch terrorists, spies and others who promoting the accurate use of data, test sions of the USA PATRIOT Act. threaten our national security. But, we must do scores, and technology for improved account- The final bill failed to include adequate safe- so in a manner that protects the cherished lib- ability and decision making. Their work has guards on national security letters, NSLs, erty and privacy expectations of U.S. citizens. been used in both civilian and military learning which are requests for personal data and This legislation will not hobble the investiga- sectors. CRESST has created products used records issued directly by Government agen- tive process nor hamper our pursuit of the ter- by schools serving millions of students and cies without the approval of a judge. rorists. It will impose much-needed account- adopted force wide by the Armed Services. NSLs have existed since the 1970s, but ability and oversight. They are also an internationally recognized their use—primarily by the FBI—greatly ex- f leader in education assessment and evalua- panded after 9/11. Using NSL authorities, the tion. Government has collected and maintained TRIBUTE TO HUBERT WILKENS UCLA/CRESST is truly a center of excel- data on thousands of Americans. lence for educational research, development, NSLs are important investigative tools, but HON. IKE SKELTON and evaluation. I look forward to their being their use has grown rapidly—and without ade- OF MISSOURI able to continually serve our great country and quate oversight. IN THE HOUSE OF REPRESENTATIVES to assisting the numerous federal agencies NSLs may be issued by the FBI without that need effective and objective education asking a judge for a warrant. In this way, they Friday, December 16, 2005 and training research, development, and eval- differ from orders under the Foreign Intel- Mr. SKELTON. Mr. Speaker, let me take uation techniques. ligence Surveillance Act, FISA, for business this means to congratulate and pay tribute to f records under section 215 of the PATRIOT Hubert Wilkens of Concordia, MO, who re- Act, the so-called library provision. Section cently received the Safe Driver Award from RECOGNIZE AND CONGRATULATE 215 orders must be approved by a Federal OATS Public Transportation. He has distin- CHIEF DEPUTY C. PHILLIP judge. guished himself and the Concordia community BYERS FOR BEING SWORN IN AS NSLs have been characterized as ‘‘back with dedicated service. SHERIFF OF RUTHERFORD COUN- doors’’ for obtaining library and other records Hubert Wilkens was given the Safe Driver TY that may not be available under FISA. If 215 Award for 4 years of driving the OATS bus orders can be called ‘‘fishing licenses,’’ then without an accident. Mr. Wilkens picks up sen- HON. PATRICK T. McHENRY NSLs allow fishing without a license. ior citizens from the city of Concordia and the OF NORTH CAROLINA Defenders of NSLs liken them to grand jury outlying rural area. He transports them to the IN THE HOUSE OF REPRESENTATIVES subpoenas. However, they are different in im- grocery store, doctor, chiropractor, dentists ap- Friday, December 16, 2005 portant respects. First, grand jury subpoenas pointments and to the Concordia Senior Cen- may only be issued by a U.S. Attorney as offi- ter. Mr. MCHENRY. Mr. Speaker, Rutherford cer of the court. NSLs may be issued by an Mr. Speaker, Hubert Wilkens has been dedi- County, in the 10th district of North Carolina, FBI agent in the field without any review by a cated to making the City of Concordia a better will be swearing in a new Sheriff on December jury or court. Second, grand jury subpoenas place to live. I am certain that my colleagues 30th of this year. I would like to recognize and may only be issued after suspicion that a Fed- will join me in wishing him and his wife Eunice congratulate the extremely qualified Chief eral crime has occurred; for NSLs, the stand- all the best. Deputy C. Philip Byers on becoming Sheriff of ard is much lower—requiring only that the in- f Rutherford County. formation sought is ‘‘relevant’’ to a national se- Sheriff-elect Byers has 15 years of law en- curity investigation. PERSONAL EXPLANATION forcement experience under his belt, and has Congressional oversight of NSLs is almost faithfully served the Rutherford County Sher- nonexistent. Congress receives a classified HON. JIM McDERMOTT iff’s Office for the past 4 years as the Chief one-page summary listing aggregate numbers OF WASHINGTON Deputy. Having degrees from Appalachian of NSLs at least 6 months after they are IN THE HOUSE OF REPRESENTATIVES State University and Western Carolina Univer- issued. These reports are essentially meaning- sity, he was a teacher and a business owner less and are the only oversight Congress at Friday, December 16, 2005 before deciding to serve his community as a present exercises. Mr. MCDERMOTT. Mr. Speaker, I was un- police officer. In addition, his wife Sheila is Clearly, there is a need to reform NSL avoidably detained earlier today and therefore dedicated to serving the community through standards and processes. This bill addresses missed the vote on House Resolution 534. the North Carolina Vocational Rehabilitation

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.043 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2573 Services, a state agency that educates and and general epidemiology support at numer- land Region where she held positions in the trains disabled and developmentally chal- ous evacuee facilities. Faculty and staff con- divisions of Flight Standards, Civil Aviation Se- lenged persons to obtain meaningful jobs. ducted rapid health assessments daily at curity, and Human Resources. Dr. Harlan has Mr. Speaker, Sheriff-elect Byers has a su- evacuee sites. This information allowed Dr. also dutifully served as a special assistant to perb record as an officer of the law, and is Ward Casscells, the John Edward Tyson Dis- two deputy administrators during her multiple dedicated to making Rutherford County a safe tinguished Professor of Medicine and Vice Washington assignments over the years. and peaceful place in which to live. Combating President of Biotechnology at the Health Dr. Harlan has been willing to share her ex- the methamphetamine epidemic is a perfect Science Center, and Dr. Lillibridge to contin- pertise over the years as she was on the fac- example of his leadership for the county. He ually inform public health officials of evacuee ulty at the prestigious Harvard University is an excellent choice for this position, and I health status and coordinate efforts with Graduate School of Business where she congratulate him on this great honor. I thank FEMA, CDC, the Red Cross, the City of Hous- taught in the MBA and doctoral programs. Sheriff-elect Byers and his wife Sheila for their ton, Harris County, and the Texas Commis- Those students who were fortunate enough to dedication to the community and look forward sioner of Health. learn from her are certainly better off today to his service as Sheriff of Rutherford County. Each of the UT Health Science Center’s six having her insight and experiences passed f schools—contributed in one way or another to down to them. the Hurricane Katrina response. Dr. Willerson Throughout her distinguished career in pub- HONORING THE ASTUTE LEADER- encouraged his deans to seek every possible lic service, Dr. Harlan devoted herself to safe- SHIP OF JAMES T. WILLERSON, avenue to help during this time of crisis. He guarding the country, while preparing us for M.D., PRESIDENT OF THE UNI- approved of the placement of students from our future’s challenges. I would like to person- VERSITY OF TEXAS HEALTH Tulane Medical School and allocated space ally congratulate and thank her on behalf of SCIENCE CENTER AT HOUSTON for the displaced Tulane faculty for their med- the flying public and all Americans. I hope she (UTHSC–H) FOR UTHSC–H’s RE- ical education, resident training and research enjoys every bit of her retirement, she cer- SPONSE TO THE CRISIS at the UT Medical School. The medical school tainly deserves it. BROUGHT ABOUT HURRICANE is also hosting 37 residents from Tulane so f KATRINA additional interruptions to their education will not occur. A TRIBUTE TO SAN BERNARDINO HON. KEVIN BRADY Dr. Willerson is an exemplary leader who NATIONAL FOREST SUPERVISOR OF TEXAS through his actions in this most recent crisis GENE ZIMMERMAN IN THE HOUSE OF REPRESENTATIVES was able to show compassion in the midst of quick decision-making. With the help of a su- Friday, December 16, 2005 HON. JERRY LEWIS perb leadership team, headed by Dr. McKin- OF CALIFORNIA ney, the staff performed to the highest stand- Mr. BRADY of Texas. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to pay tribute to Dr. James T. Willerson, ards of professionalism and compassion. With President of the University of Texas Health the encouragement, support and guidance of Friday, December 16, 2005 Science Center at Houston (UTHSC–H). Dr. Willerson, the University of Texas Health Mr. LEWIS of California. Mr. Speaker, I rise On September 1, 2005, Dr. Willerson, along Science Center at Houston responded in today to pay tribute to a dedicated public serv- with UTHSC-H Executive Vice President and countless ways as health professionals, lay ant who has spent 42 years helping preserve Chief Operating Officer Michael D. McKinney, volunteers, concerned citizens and caring our forests and wildlands for future Americans, M.D, was given the task by Houston Mayor friends. want to particularly commend Gene Zimmer- Bill White to transform a portion of the George Mr. Speaker, Dr. Willerson and the hun- man for the past 15 years he has spent as su- R. Brown Convention Center (GRB) in Hous- dreds of UTHSC-Houston professionals who pervisor of the San Bernardino National For- ton, Texas, from a convention center to a answered the call to aid and assist their fellow est. medical triage center, adjacent to the shelter Americans deserve the acclaim and gratitude Even as a boy growing up in eastern Or- created for more than 5,000 Hurricane Katrina of the Nation. egon, Gene heard the call of the great out- survivors. f doors. He spent his time camping, fishing and The UT Health Science Center acted quickly COMMENDING DR. ANNE HARLAN hiking in the Umatilla National Forest, and to design, organize and prepare clinic space ON HER OUTSTANDING SERVICE worked for a timber company in the summer. to serve evacuees at the George R. Brown TO HER COMMUNITY AND NA- While attending Oregon State University, he Convention Center, which opened as an addi- TION spent his summers working for the U.S Forest tional safe haven to Houston’s Astrodome, Service, and began his full-time career there which quickly achieved capacity within a day when he graduated in 1964. of opening. Over about three weeks, more HON. FRANK A. LoBIONDO Supervisor Zimmerman worked as a ranger than 6,000 volunteers operated the UT Clinic OF NEW JERSEY in a number of forests in Oregon, and began and managed more than 9,000 patient visits. IN THE HOUSE OF REPRESENTATIVES honing his skills in volunteer organization and The volunteers included UT physicians, Friday, December 16, 2005 partnership building while working as district nurses, dentists, public health professionals, Mr. LoBIONDO. Mr. Speaker, I rise today to ranger in the Columbia Gorge District. He con- students and administrative staff as well as commend Dr. Anne Harlan on her long and tinued to develop an expertise in this area spouses of these professionals. The clinic also distinguished service to her community and when he came to the National Headquarters in included other volunteers and health profes- country, and congratulate her on her upcom- Washington, DC, to oversee legislation on sionals from Texas Medical Center institutions ing retirement as director of the Federal Avia- recreation issues. and individuals from across the country who tion Administration’s William J. Hughes Tech- The experience Gene Zimmerman gained answered the call to help in the aftermath of nical Center in Pomona, N.J. on how to help people enjoy National Forests this national crisis. These volunteers worked During a career that has spanned more than without damaging them paid off when he was tirelessly to ensure welcome, comfort and care 20 years, Dr. Harlan has been an unwavering appointed supervisor of the San Bernardino for our neighbors in need. Services provided advocate for improving the safety and security National Forest. I have proudly represented with expertise and compassion in the UT Clin- of our Nation’s skies. Since 1995, she has this area throughout my years in Congress, ic included: emergency aid, pediatric care, im- lead the FAA’s Technical Center and oversaw and I can safely say that there is no more munizations, obstetrics and gynecology, inter- the research and development of new aviation heavily used and urbanized forest in the nal medicine, pharmacy, laboratory services, safety and security technology. She has been United States. imaging and vision components, dental care a tremendous leader for the center, effectively Imagine a forest nearly surrounded by the and mental health services. managing and motivating over 1,000 out- largest urban area in the Nation—the cities of Several dedicated professionals from the UT standing employees who have given her their Southern California—and sharing a mountain Health Science Center worked to ensure that complete confidence. She has worked tire- territory with tens of thousands of homes healthcare concerns at the evacuee sites were lessly to expand the center, while keeping the whose values range into the millions of dol- communicated with state and local officials. growing community cohesive and working as a lars. The main ski resort area of southern Cali- Scott Lillibridge, M.D., the Director of the Cen- team. fornia is within the San Bernardino National ter for Biosecurity and Public Health Prepared- Before she came to the Technical Center, Forest, and millions of people go there for ness, provided critical technical assistance she served for 11 years in FAA’s New Eng- recreation each year. For millions of children

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.001 E17DEPT1 E2574 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 in southern California, this is the only place to RECOGNITION OF LORETTA E. New mandates to manage municipal go to play in the snow or hear the wind whis- REARDON’S SERVICE TO FORT stormwater runoff have gone into effect. And pering through the pines. MONMOUTH ARMY GARRISON water quality must be improved. The supervisor of this forest spends as As a nation, we are not investing enough in much time dealing with urban issues as many HON. FRANK PALLONE, JR. our wastewater treatment infrastructure to en- mayors. He must deal with water quality, OF NEW JERSEY sure that we will continue to keep our waters clean. Unless we act, we could lose the sig- roads, development and emergency services IN THE HOUSE OF REPRESENTATIVES as often as he deals with tree health and ani- nificant gains in water quality that have been mal habitat protection. Gene Zimmerman has Friday, December 16, 2005 achieved over the last 30 years. become the most familiar face in the San Mr. PALLONE. Mr. Speaker, I proudly rise The Congressional Budget Office, EPA, and Bernardino Mountains in this role over the today to pay tribute and express my deeply the Water Infrastructure Network have esti- past 15 years. felt gratitude to the service of Loretta E. mated that it could take over $400 billion to It has been my pleasure to work with Gene Reardon, who serves as the staff advisor and address our Nation’s clean water infrastructure on developing services for visitors—the Big special projects officer/coordinator for the Dep- needs over the next 20 years, twice the cur- Bear Discovery Center is one of the most uty to the Commanding General at Fort Mon- rent level of investment by all levels of govern- heavily used visitor centers in any forest in the mouth Army Garrison in Eatontown, NJ. ment. We can help reduce the overall cost of Nation. The San Bernardino National Forest Ms. Reardon has proudly served our gov- water infrastructure with good asset manage- Association, which Gene organized to help ernment for nearly twenty-seven years. ment. Innovative technologies, increased raise funds for visitor services, has become a Throughout her career she has shown a total water efficiency, and regional approaches to unifying force throughout the mountain com- dedication to her mission. Ms. Reardon has water pollution problems also will help reduce munities. been a mentor to employees and has always costs. But, these things alone will not close The need to forge a unified approach be- been an energetic team player. the large funding ‘‘gap’’ that now exists be- tween the forest and the surrounding commu- She has selflessly served Fort Monmouth as tween water infrastructure needs and current nities became deadly serious in recent years, liaison to industry organizations on issues in- levels of spending. Increased investment also when drought and an infestation of pine bark volving the command as well as Congres- must take place. beetles left millions of trees dead and just sional offices on all federal matters. A recent survey by the Luntz Research waiting for a spark to become a terrible dis- She has always quickly responded to spe- Companies found that most Americans believe aster. Gene rose to this challenge, as well, or- cial inquiries generated by my staff, and my clean and safe water is a national priority, and ganizing the Mountain Area Safety Task colleagues in the New Jersey Congressional are willing to pay more to get it. The survey Force. These Federal, State and local officials Delegation, and myself on a myriad of issues also found that most Americans want a sus- developed a plan to evacuate nearly 50,000 pertaining to Fort Monmouth such as Appro- tainable, dedicated source of funding for water people, and when the inferno of the Old Fire priation and BRAC issues. infrastructure projects, and would support the struck in 2003, not a single life was lost to the She was the eyes and ears for the com- creation of a sustainable trust fund for waste- fire even though nearly 1,000 homes burned. mand through multiple rounds of Base Re- water infrastructure. The ‘‘Clean Water Trust Act of 2005’’ ad- My work with Gene has continued in the alignment and Closures. She has been a steady and guiding force keeping Victor J. dresses these issues by: past 3 years as we have sought ways to re- Establishing a Clean Water Trust Fund to duce the fire danger and restore the forest. It Ferlise, the Deputy to the Commanding Gen- eral U.S. Army Communications—Electronics provide an assured source of funding to help is my hope that this can be accomplished with the nation meet its water infrastructure needs. the help of the recovery plan Gene has set in Command, on the right track for a number of years. Authorizing over $37 billion over five years place. He will now hand off the implementation from the Clean Water Trust Fund for in- of that plan, as he has decided to retire at the In closing, her retirement marks a new chapter in her life. It also represents the loss creased investment in critical water infrastruc- beginning of 2006. ture, improvements in technology and infra- Mr. Speaker, I believe that the mountain of a member of the Fort Monmouth family. It will be impossible to replace her work ethic, structure management, addressing water qual- residents in my district owe a debt of gratitude ity issues in critical regional waters, and im- for the dedication shown by Supervisor Gene her exceptional standards, her unparalleled skill, and her ability to make everyone she proving and protecting wetlands and fisheries Zimmerman. I would ask you and my col- uses. leagues to join me in thanking Gene for his touched feel special. I want to thank Loretta E. Reardon for all Encouraging innovative and alternative ap- four decades of public service and in wishing proaches to solving water quality problems the best to Gene and his wife Anne in all of she has done for Fort Monmouth, for the State of New Jersey, and for our country. and financing infrastructure improvements; their future endeavors. Encouraging appropriate management of in- I ask my colleagues to recognize the tre- frastructure assets, including planning for the mendous contribution that Loretta E. Reardon f payment of the costs of repair and replace- has made throughout her impressive twenty- ment; and IN RECOGNITION OF GERALD AND seven year career. Increasing support for rural and small com- JULIA GEIER f munities through technical and funding assist- INTRODUCTION OF H.R. 4560, THE ance. HON. MIKE ROGERS ‘‘CLEAN WATER TRUST ACT OF In crafting this bill we have looked at the na- OF ALABAMA 2005’’ tional goal of improving water quality, estab- lishing an assured source of funding to help IN THE HOUSE OF REPRESENTATIVES the nation meet its water infrastructure needs, Friday, December 16, 2005 HON. JOHN J. DUNCAN, JR. and the responsibilities of local communities to OF TENNESSEE Mr. ROGERS of Alabama. Mr. Speaker I provide municipal services and maintain their IN THE HOUSE OF REPRESENTATIVES rise today to pay special recognition to Gerald local wastewater systems. and Julia Geier, who will be celebrating their Friday, December 16, 2005 The ‘‘Clean Water Trust Act of 2005’’ em- 50th wedding anniversary tomorrow, Decem- Mr. DUNCAN. Mr. Speaker, I have intro- braces innovative solutions for these interests ber 17, 2005. In fact, they intend to renew duced the ‘‘Clean Water Trust Fund Act of and I urge Members to support this legislation. their vows at a celebration being held at Saks 2005.’’ f Baptist Church in my hometown of Anniston, We are all well aware that our national TRIBUTE TO DR. JOSEPH E. AL. water infrastructure is aging, deteriorating, and LOWERY I attend church with this fine couple. It is in need of repair and replacement. The Amer- wonderful to see two people who still care so ican Society of Civil Engineers recently graded HON. ROBERT E. (BUD) CRAMER, JR. much about each other after all these years. the condition of the infrastructure throughout OF ALABAMA Their commitment is an inspiration to every- our country. Wastewater infrastructure re- IN THE HOUSE OF REPRESENTATIVES one who knows them. ceived a ‘‘D¥.’’ Nearly half of the sewer pipes I salute Gerald and Julia Geier on their 50th in American cities are over 50 years old. Friday, December 16, 2005 anniversary and join their family in honoring Some are over 100 years old. Treatment Mr. CRAMER. Mr. Speaker, I rise today to them on this special occasion. plants built in the 1970s need to be upgraded. pay tribute to the Reverend Dr. Joseph E.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.052 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2575 Lowery for his instrumental role in assuring tions in their native language and established gan was better off with his reporter’s eye and equal rights for all Americans. Dr. Lowery, the right to vote in Spanish. his editor’s pen at work in our community. His who has been called the ‘‘dean of the Civil Through her work with the CSO, Ms. Huerta dedication to his work allowed him to enjoy Rights Movement,’’ was the cofounder of the met Caesar Chavez and together, in 1962, mentoring young and aspiring journalists often Southern Christian Leadership Conference. they founded the United Farm Workers of at the beginning of their careers. Mr. Kehetian Dr. Lowery was born in Huntsville, AL, on America, UFW. Ms. Huerta became the orga- served as both the President and as a mem- October 6, 1921. During the 1950s, he led the nization’s First Vice President Emeritus. The ber of the Board of Directors of the Detroit Alabama Civic Affairs Association, an organi- UFW is perhaps best known for its role in the Press Club, and as President of the Metro De- zation dedicated to the desegregation of Delano Grape Strike beginning in 1965. The troit Chapter of the Society of Professional buses and public places. In 1957, Dr. Lowery strike ended after 5 years of hard work and Journalists. In 2002, the Society bestowed its joined Dr. Martin Luther King, Jr. and other careful negotiations, which were led by Ms. highest honor upon him, ‘‘Lifetime Achieve- leaders from throughout the Southeast to or- Huerta, with the establishment of a 3-year col- ment Award.’’ He has also been awarded ganize the Southern Christian Leadership lective bargaining agreement with the grape countless journalism awards from the Associ- Conference, an organization renowned for its industry. ated Press, United Press International, Michi- nonviolent approach to ending segregation. He Among Ms. Huerta’s many achievements gan Press Association, to name just a few. would eventually lead the SCLC from 1977 are several outstanding awards. She was be- Mr. Kehetian is also a proud family man and until 1997. stowed with the California State Senate’s Out- a proud Armenian-American. Mr. Speaker, it Dr. Lowery also organized and led the 1965 standing Labor Leader Award in 1984 and her has been my personal privilege to know and Selma to Montgomery Civil Rights March. This impact on the national workers rights move- be in regular touch with Mitch these last dec- march was a key moment in the civil rights ment was highlighted in 1993 when Ms. ades. He combined enough distance from movement and a strong influence on the pas- Huerta was inducted into the National Wom- people in public life to be objective and sage of the 1965 Voting Rights Act. en’s Hall of Fame and received the Ellis Island enough closeness to create friendships. So I Dr. Lowery’s work and influence spreads Medal of Freedom Award, as well as several ask my colleagues to join me in congratulating outside of our country as well. He led a group other awards. Although Ms. Huerta’s efforts Mitch Kehetian, a distinguished journalist and that began protesting the South African Apart- concentrated intensely on California, her im- a friend, for his years of dedicated service to heid in the 1970s and continued until the suc- pact on workers rights nationwide has been journalism and the communities and citizens cessful election of Nelson Mandela in 1994. remarkable and merits our honor and admira- he served and in wishing him good health and Although officially retired, Dr. Lowery re- tion. happiness in the next phase of his life. mains active and is an influential voice en- Mr. Speaker, my colleagues—Reps. BECER- f couraging African Americans to vote. RA, BERMAN, CAPPS, COSTA, FARR, HONDA, TRIBUTE TO CLEVELAND MAYOR Mr. Speaker, on Friday, December 16, LANTOS, MATSUI, NAPOLITANO, PELOSI, ROYBAL- JANE L. CAMPBELL through Sunday, December 18, Dr. Lowery will ALLARD, LINDA SANCHEZ, LORETTA SANCHEZ, be honored by his hometown community, with SCHIFF, SHERMAN, SOLIS, THOMPSON, WAXMAN HON. DENNIS J. KUCINICH the placement of a historical marker near the and WOOLSEY—join me in thanking Ms. Huerta OF OHIO site of his childhood home. I rise today to join for her tireless adherence to the improvement IN THE HOUSE OF REPRESENTATIVES in that celebration and to thank Dr. Lowery for of workers rights across the United States. We all he has done on behalf of all Americans. are humbled to honor such a wonderful per- Friday, December 16, 2005 f son who, for years, has been a great friend Mr. KUCINICH. Mr. Speaker, I rise today in and inspiration to us all. honor and recognition of Mayor Jane L. STATEMENT IN HONOR OF f Campbell, for her unwavering dedication, dili- DOLORES HUERTA gence, vision and integrity that defined her TRIBUTE TO MITCH KEHETIAN leadership as Mayor of the City of Cleveland. HON. ZOE LOFGREN Mayor Campbell’s vital focus on lifting the OF CALIFORNIA HON. SANDER M. LEVIN lives of the poor and disenfranchised, starting IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN at the neighborhood level, framed her every professional and political endeavor. She Friday, December 16, 2005 IN THE HOUSE OF REPRESENTATIVES began her service to our community as the Ms. ZOE LOFGREN of California. Mr. Friday, December 16, 2005 founding Executive Director of WomenSpace, Speaker, on behalf of the California Demo- Mr. LEVIN. Mr. Speaker, I rise to pay tribute and later as the Executive Director of the cratic Congressional Delegation, I am proud to to the distinguished career of Mitch Kehetian. Friends of Shaker Square. During her 12-year pay tribute to a woman who has greatly influ- Known as the ‘‘dean of Detroit-area jour- tenure as State Representative, Mayor Camp- enced the course of workers rights over the nalism,’’ Mitch Kehetian’s career in journalism bell introduced and enacted legislation pro- past 50 years, Ms. Dolores Huerta. On the oc- dates back to 1953 with roots stemming from tecting the rights of children, families and sen- casion of her 75th birthday it is only fitting that Allen Park, Michigan. Beginning as a ‘‘copy iors. As a Cuyahoga County Commissioner, we pause to honor Ms. Huerta’s lifetime of boy’’ for the Detroit Times, Mr. Kehetian she advocated for women and children, courage and achievement. served diligently as reporter and editor work- chairing the Violence Against Women Act Ms. Huerta was born on April 10, 1930 in ing his way through the journalism establish- Committee, and the Children Who Witness Vi- Dawson, New Mexico and was raised in ment. After his tenure at the Times, he joined olence Committee. Stockton, California amid the farm workers of the Citizen-Journal of Columbus, Ohio then re- Throughout her journey from County Com- the central San Joaquin Valley. Ms. Huerta’s turned to Detroit at the Eastside News. In missioner to the Mayor of Cleveland, Mayor mother, Alicia Chavez, and her father, Juan 1969, Mr. Kehetian accepted a job as the Campbell continued her unrelenting focus on Fernandez, instilled in her, through their own Warren reporter and bureau chief of the behalf of all Cleveland residents, especially works, a drive to help and care for others. In Macomb Daily. children, families and seniors. During her term her own life, Ms. Huerta has been an incalcu- Serving as a reporter, managing editor, and in office, she implemented numerous health lable asset to the movement for the advance- editorial page editor at the Macomb Daily for and human services programs that provide ment of worker’s rights and in particular, the over 30 years, Mr. Kehetian brought an in- guidance and support for our most vulnerable rights of farm workers and their families. tense, lifelong interest in politics, public serv- citizens who struggle daily to elevate their Ms. Huerta began advocacy for workers and ice and government to his coverage, espe- lives above the raging cycle of poverty and their families in 1955 when she created the cially their impact on citizens and commu- homelessness. Mayor Campbell’s vision to Stockton chapter of the Community Service nities. His wide-ranging attention to inter- raise the City into the promise of restoration Organization, CSO, after encountering farm national, national, and local affairs and his and renewal is also reflected in the commer- workers’ hungry children while teaching in a personable yet direct manner drew attention cial and residential structures of Cleveland’s public school. Early in her endeavors, Ms. and admiration from the halls of all types of neighborhoods, from Detroit-Shoreway, Cudell Huerta successfully lobbied, in Sacramento, houses—from Macomb to the White House. and Old Brooklyn, east to Slavic Village, for the removal of citizenship requirements Mitch Kehetian loved and believed in the Union-Miles and Buckeye-Woodland, where from pension and public assistance programs. work of journalism. He was a reporter’s re- commercial redevelopment, storefront renova- She also helped pass legislation that allowed porter committed to the news, and the trusted tion and housing restoration has become a re- people to take their drivers license examina- role of the ‘‘newsman’’ in our country. Michi- ality.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.057 E17DEPT1 E2576 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 Mr. Speaker and Colleagues, please join me TRIBUTE TO ALFRED LOUIS Officer Nava, recognizable by his military in honor, gratitude and recognition of my ROMEO hairstyle, Oakley sunglasses and electric friend, Mayor Jane L. Campbell, whose un- smile, was a dedicated servant of the commu- wavering commitment, steadfast integrity and HON. BILL PASCRELL, JR. nity. The grief from his loss is shared not only vital accomplishments have raised the City of OF NEW JERSEY by his fellow police brethren, but by the great- Cleveland above the shadows of financial cri- IN THE HOUSE OF REPRESENTATIVES er Fort Worth community. sis 4 years ago, onto a solid foundation today, Hank Nava was the first Fort Worth officer where urban renewal and the hope of a better Friday, December 16, 2005 killed in the line of duty in 11 years. He served tomorrow for all citizens continues to rise. Mr. PASCRELL. Mr. Speaker, I would like to as an officer in Austin, Plano and Fort Worth, Mayor Campbell’s legacy of service and con- call to your attention the life of a wonderful where he was most recently assigned to the cern for her constituents will be remembered man, who sadly passed over a year ago, Mr. 10-member North Side Crime Response and recognized for generations to come. I Alfred Louis Romeo. Team. This team is directed to handle particu- wish Mayor Jane Campbell and her family It is fitting that he be honored, in this, the larly difficult cases. He was always first to vol- many blessings of peace, health and happi- permanent record of the greatest freely elect- unteer and enthusiastic to accomplish the ness as they journey onward from this day. ed body on earth, for his lifelong dedication to tasks ahead of him. A natural leader, he was f the City of Paterson. a source of encouragement for his fellow po- Born and raised in my hometown of lice officers. RECOGNIZING THE CONTRIBU- Paterson, New Jersey, Fred graduated from Officer Nava’s personality and bravery made TIONS OF STEVE KIRKHAM Central High School. After his graduation from him a trusted friend, devoted husband and fa- high school in 1958 Fred joined the Paterson ther, and a hero to other police officers. Gianni HON. LINCOLN DAVIS Fire Department as a member of the Division Ghilespi, a Fort Worth police captain, said that OF TENNESSEE Line Gang. Officer Nava gave him a home during his IN THE HOUSE OF REPRESENTATIVES The Division Line Gang was a group of fire- darkest moment and helped him work through Friday, December 16, 2005 fighters who were assigned to maintain the his problems stating, ‘‘God sent a hero to me,’’ communications infrastructure for emergency he said. ‘‘It was Hank Nava.’’ Mr. DAVIS of Tennessee. Mr. Speaker, I call boxes throughout Paterson. Fred was a His generous personality extended beyond rise today to acknowledge Steve Kirkham of member of the Division Line Gang until 1983 his call to service as a police officer. Officer Kingston, Tennessee for his leadership and in- , when the ‘‘Gang’’ was disbanded, in order to Nava could often be found working out in the volvement in his community. use the more effective emergency voice re- community especially with children. The im- Steve is a known fixture in his home county sponse system. It was at this time that Fred pact of his death left a wounded community. of Roane County, Tennessee and is fast be- was transferred as a firefighter to Engine Currently, the Fort Worth police are having dif- coming an integral member of many other Company Number 7. ficulties reassigning his patrol unit. It seems communities due to his work in promoting eco- Fred found time during his busy schedule to that citizens just started showing up and sign- nomic development in East Tennessee. volunteer at the Paterson YMCA where he ing condolences on the vehicle. But truly, he Kirkham, owner and chief executive officer had been a member for over 70 years. In ad- will be missed most by his family. of Rocky Top Markets, is a man who exhibits dition, to sitting on the Board of Directors, he Hank Nava is survived by his wife, Teresa traits that have helped make America what is served as the Co-Coordinator for the YMCA. and his two children Kayleigh, age nine, and is: hard working, compassionate, and exempli- Perhaps most importantly, Fred had donated Justin, age four. fies preseverance and generosity. If you ask his time on Thanksgiving, for the past 34 We were blessed to have had him pro- him how he got to be where he is he will tell years, to help feed the underprivileged at the tecting us all from the evils of this world. His you, ‘‘by grinding it out, having good employ- annual Thanksgiving Feast. courage and dedication brought hope of a ees, and just plain luck.’’ Beyond his many philanthropic contribu- safer community. He will be remembered as a Working for the Harriman Oil Company in tions, Fred was also a Champion and Hall of husband, a hero, and a friend. the mid-70’s Kirkham suggested to the owners Fame handball player. He had amassed two f of the company that they should join the con- New Jersey State Singles Championship titles, venience store craze. They did, and Rocky 24 NJ State Doubles Championship titles, a REJECT THE MEDICAID PROOF OF Top Market was born in June 1980 with the Jr. National doubles Championship title, and a CITIZENSHIP REQUIREMENTS IN first opening. National doubles Championship title. Fred was THE HOUSE RECONCILIATION Since 1980, Rocky Top Markets has grown not only a Member of the Board of Directors BILL, H.R. 4241 to a chain of 38 and has plans for continued for the Old Timers Sports Hall of Fame, Asso- growth in Tennessee and Northern Georgia. ciation of Paterson; he was an inductee as HON. JOHN LEWIS Having purchased Rocky Top Markets in well. OF GEORGIA 1998, it is now one of the largest retail con- In addition to Fred’s many academic and IN THE HOUSE OF REPRESENTATIVES venience stores in East Tennessee employing professional achievements, his personal Friday, December 16, 2005 almost 400 people. achievements are many also. He was the de- A long standing member of the business voted husband to the late Rose Romeo and Mr. LEWIS of Georgia. Mr. Speaker, I rise community Steve has been a member of the father of Rosalind, Francine, and Dominic. to express my strong opposition to Section Tennessee Oil Marketers Board, Tennessee Mr. Speaker, I ask that you join our col- 3145 of the House reconciliation bill that will Grocers and Convenience Store Association leagues, Fred’s family and friends, and me in deny health care to our poorest Americans Board, and the Shell Jobber Council. He has recognizing the outstanding and invaluable who desperately need and deserve it. This served as Chair of the Roane State Founda- achievements of a man who will be truly provision would require people who apply for tion and the Community Development Council. missed, Mr. Alfred Louis Romeo. Medicaid to prove that they are citizens, by As chairman of the CDC he helped form and f producing a birth certificate or a passport. This fund the Roane Alliance. The Alliance is an ef- may not sound like a difficult task to some, but fort to bring together the chamber, tourism and IN MEMORY OF OFFICER HENRY the reality is much, much different. industrial development groups in Roane Coun- ‘‘HANK’’ NAVA, JR. Many older Americans do not have birth ty for a unified effort in promoting responsible certificates because their parents did not have growth. He is currently serving as chairman of HON. MICHAEL C. BURGESS access to hospitals, and so, they were born at the Roane County Industrial Development OF TEXAS home. This was true in rural America, and is Board. IN THE HOUSE OF REPRESENTATIVES still true in some places today. Also, in the last If not working or golfing Steve is with his century, all over the south, because of seg- family. There is an understanding of the high Friday, December 16, 2005 regation and racial discrimination, many hos- regard he has for family for those who know Mr. BURGESS. Mr. Speaker, I rise today to pitals would not take minorities. Many minori- him in and outside of work. He is married to share the collective grief of the people of ties, including African Americans, were born at Teresa Kirkham and has three daughters: North Texas on the death of Fort Worth Offi- home and don’t have a birth certificate. Angie, Stephanie, and Christie. He is also the cer Henry ‘‘Hank’’ Nava, Jr. who died of a These people were kept out of the health proud grandparent of Tyler, Tanner, and gunshot wound to his head while in the course care system when they came into. the world. Ryley. of duty. To keep these same people off of Medicaid

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.060 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2577 and further deny these men and women something that all of us strive for but that very With this bill, Sowing the Seeds Through health care is yet another slap in the face. The few of us will ever accomplish, celebrate his Science and Engineering Research Act, and health system failed these people once, and it 100th birthday. the previously introduced bills, I have taken should not fail them again. Jesus was born November 26, 1905 in steps to implement the Augustine Committee’s This rule is arbitrary. It is dangerous. And it Ciales, PR. Located in the central mountain highest priority, which is to improve K–12 is wrong. range of the island, Jesus’s parents owned math and science education by enhancing the Even the Department of Health and Human and operated a small farm. He grew up with skills and qualifications of math and science Services agrees that it is unnecessary. There his brothers and sisters where he cared for teachers, and to respond to the committee’s is no evidence that illegal immigrants are get- cattle and horses and performed agricultural call to ‘‘sustain and strengthen the nation’s tra- ting Medicaid illegally. chores while attending school. Other than the ditional commitment to the long-term basic re- This is very dangerous. If this becomes law, love and respect he had for his parents, work- search that has the potential to be trans- state and county officials will decide how to ing on the farm and playing sports are the formational to maintain the flow of new ideas enforce this rule. Therefore, anyone with dark fondest memories of his childhood. that fuel the economy, provide security, and skin, or an accent or who looks like an un- During the Great Depression Jesus moved enhance the quality of life.’’ documented immigrant will be at great risk for to New York City to work and help provide for his family during hard times. In 1932, he re- The bill I introduced today authorizes 10% discrimination. increases per year in funding for basic re- American citizens, particularly the poor, mi- turned to Puerto Rico where he met and mar- ried his wife Carmen. Blessed with two sons, search in the physical sciences, mathematical norities, and the very old, who are eligible for sciences, and engineering at the principal fed- Medicaid, will be denied the health care that five grandchildren, and seven great grand- children, Jesus says that the happiest moment eral agencies supporting such research. they need. All for a misguided attempt to keep These increases, if sustained, would lead to a undocumented immigrants from receiving in his life was the birth of his two sons, Ed doubling of basic research funding in these health care. It is unjust and it is wrong. It is and Lou. critical areas over 7 years. un-American and I ask my colleagues to join During the Second World War Jesus tried to me in opposing this provision. enlist in the military like his brothers but was The bill also takes action to develop the re- unable to do so because of a heart condition. search talent needed for the future by pro- f Jesus instead went to work for the railroad viding for up to 200 new awards per year, of IN RECOGNITION OF JOHN until 1944 when he decided to return to New $100,000 per year for 5 years, to outstanding WILLIAM RICHEY York City with his wife and sons. early-career researchers. It seeks to enlarge Jesus moved to Spring Hill in 2004 where the pool of graduate students in science, math HON. MIKE ROGERS he lives with his son Lou, who retired from the and engineering by creating a graduate fellow- U.S. Army, and his daughter-in-law Marge. ship program, with 5000 new fellowships per OF ALABAMA Today, Jesus says he gets the most pleasure year for individuals pursuing studies in areas IN THE HOUSE OF REPRESENTATIVES from walking in the morning, playing dominos of national need. Friday, December 16, 2005 and helping to maintain the trees and plants in his son’s backyard. He says that the only thing Finally, the bill establishes a presidential in- Mr. ROGERS of Alabama. Mr. Speaker, I he would change if he had the chance to do novation award to stimulate scientific and en- rise today to pay tribute to John William his life over would be to travel the world. gineering advances in the national interest and Richey of Smiths Station, AL. Mr. Richey is a Jesus says that despite his health he re- provides for the refurbishment of academic man of integrity and great accomplishment in mains a positive person and possesses a and government research laboratories, an es- the pharmaceutical field. He was chosen as great sense of humor. Jesus’s secret to a long sential factor to enable leading-edge research. the 2005 Good Neighbor Pharmacist of the life is that he watches what he eats, does not Year, selected out of an astounding 4,000 ap- These three bills are a response to a seri- drink alcoholic beverages and does not plicants across the entire country. ous challenge to our Nation’s future economic smoke. His advice to the young people is to prosperity. From the Augustine report, ‘‘This In 1971, Mr. Richey opened Plaza Phar- ‘‘finish your education, have respect and con- Nation must prepare with great urgency to macy in Smiths Station with a partner and sideration for your parents and everyone as a preserve its strategic and economic security. later became the sole owner. Mr. Richey whole, work hard and save your money to be proves his commitment to his customers daily; Because other Nation’s have, and probably self-dependent.’’ Finally, Jesus says that ‘‘he he is often found opening the pharmacy will- will continue to have, the competitive advan- is proud to be an American and all it stands ingly after hours for emergencies. His unparal- tage of a low-wage structure, the United for. God Bless America.’’ leled generosity and good will towards human States must compete by optimizing its knowl- Mr. Speaker, I ask that you join me in hon- edge-based resources, particularly in science life extends beyond his business into his per- oring Jesus Hernandez for reaching his 100th sonal life. In 2000, he kindly donated one of and technology, and by sustaining the most birthday. I hope we all have the good fortune fertile environment for new and revitalized in- his kidneys to his friend. He has four children to live as long as he has. and three grandchildren. dustries and the well-paying jobs they bring. We have already seen that capital, factories, His business has been a landmark in f and laboratories readily move wherever they Smiths Station for decades, and today Mr. SOWING THE SEEDS THROUGH are thought to have the greatest return.’’ Richey fills the prescriptions for grandchildren SCIENCE AND ENGINEERING RE- of his first customers. I am proud to acknowl- SEARCH ACT My intent in introducing these bills is to edge Mr. Richey in the House on this day and issue a call for action by the Congress and the congratulate him on his dedication to his fam- Administration. The Augustine Report correctly ily, to pharmaceutical service, and to his cus- HON. BART GORDON identifies the challenges we face as a Nation tomers. OF TENNESSEE and has developed a series of specific rec- IN THE HOUSE OF REPRESENTATIVES f ommendations to address these challenges. Friday, December 16, 2005 The conclusions and recommendations in this RECOGNIZES CENTENARIAN JESUS Mr. GORDON. Mr. Speaker, today I am in- report are not new. The problem is that neither HERNANDEZ OF SPRING HILL, troducing legislation to complement two pre- the Administration nor Congress has made FLORIDA viously introduced bills, H.R. 4434 and H.R. any real efforts to act. 4435, to authorize additional recommendations I hope the introduction of this legislation will HON. GINNY BROWN-WAITE from a committee of the National Academy of begin a substantive discussion on the commit- OF FLORIDA Sciences, chaired by Mr. Norman Augustine. ment and resources required to ensure our IN THE HOUSE OF REPRESENTATIVES The recommendations of the committee’s re- Nation’s future economic competitiveness and port, Rising Above the Gathering Storm: Ener- that our children have well-paid, challenging Friday, December 16, 2005 gizing and Employing America for a Brighter jobs. I am committed to working with the pri- Ms. GINNY BROWN-WAITE of Florida. Mr. Economic Future, reflect the consensus forged vate-sector, Members of Congress and the Speaker, I rise today to honor Jesus Her- among nationally-recognized industry, aca- Administration in turning this legislation into nandez of Spring Hill, FL. Jesus has done demic and government experts. funded programs.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.063 E17DEPT1 E2578 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 16TH ANNUAL CONGRESSIONAL the Women’s Relief Corps after the war. Her and Aldridge who presented the case of BLACK CAUCUS VETERANS memoirs published in 1902, became the only Jemekia Barber; Muriel Gibson, Senior Staff BRAINTRUST written record of Black volunteer nurses in the Assistant to U.S. Senator PATTY MURRAY’s of- Civil War. Again, during the Spanish American fice discussed several cases. We also heard HON. CORRINE BROWN War black women played the role of nurses. from three African American women veterans OF FLORIDA Yet, during the war, over 75% of all deaths re- themselves: Kericia Smith, SSgt. Vanessa IN THE HOUSE OF REPRESENTATIVES sulted from typhoid and yellow fever. Many Turner, and Carolyn Williams. Followed by a black female volunteer nurses were told they Friday, December 16, 2005 second panel consisting of Dr. Laura Miller, were immune to the diseases because their Social Scientist with the Rand Corporation, Ms. CORRINE BROWN of Florida. Mr. skin was darker and thicker. Because of this, who has researched extensively women in the Speaker, on September 10th, 2004, Rep. SAN- many of them exposed themselves to the dis- military, including sexual harassment and as- FORD BISHOP, Jr. (D–GA) and I convened the eases and became casualties when they re- sault; Dr. Saharra Bledsoe, Executive Director 16th Congressional Black Caucus Veterans turned home. And because of segregated liv- of Mozella’s House for Women Veterans; Braintrust issues forum titled: ‘‘Honoring Afri- ing areas, the Whites never knew the high Zerell Johnson-Welch, Director of the South- can American Women Veterans Who Served,’’ rate of casualties that these women suffered. west Veterans Service Center, and Ms. Debo- because we both care a great deal about the However, during World War I for the first rah Scott, a disabled veteran having a lot of well being of African America veterans. More- time in military history, African American fe- problems receiving fair and just treatment at over, for these past 12 years we have worked males had an official organization where they the VA. so very hard building the Veterans Braintrust, found leadership and direction to use their While Shoshanna easily connected with the and carrying the torch for America’s service abilities. The National Association of Colored audience with both humor and humility, what men and women. Graduate Nurses founded in 1909 by Mary we heard from her female counterparts was Nevertheless, we would be remiss if we did Mahoney, Adah Thoms and Martha Franklin. gut wrenching emotion, anger, and frustration, not recognize the special service to this Na- In 1917, the co-founder of the Red Cross with more than a few VA officials expressing tion, and to this institution of Congressman urged Black nurses to enroll in the American utter surprise at their anger. From Senator CHARLES RANGEL of New York, a distinguished Red Cross, although they were not accepted PATTY MURRAY’s Senior Staff Assistant Muriel and decorated Korean War veteran in his own until two months before the end of the war in Gibson, who shared strategies that she helped right, who is the father of the Congressional November of 1918. But it wasn’t until World develop through her women veterans group Black Caucus’ Veterans Braintrust, established War II (1942) that women were officially al- and advocacy work leading the state of Wash- in 1988, and has carried the torch for African lowed to serve in great numbers in the armed ington to some improvement in their options American veterans for over half a century. forces. The Army had the Women’s Army for VA healthcare and timeliness; Deborah Since Congressman RANGEL’s first Braintrust, Corps (WAC), the Navy had Women Accepted Scott, an Army veteran, whose physical illness the Veterans Braintrust has emerged as an in- for Volunteer Emergency Service (WAVES); was misdiagnosed by VA medical personnel stitution ‘‘think tank’’ and ‘‘advisory group’’ for and the Coast Guard had the SPARS. With as ‘‘personality disorder’’; Kericia Smith whose the Congressional Black Caucus and for other the majority of African American women serv- attempts to get adequate treatment and sup- Members of Congress on the critical issues of ing in the Women Army Corps (WAC), where port for her struggle with PTSD have been re- education, health care, mental health, aging, they remained in segregated units, as did Afri- peatedly mishandled by VA officials; SSgt. research, employment and training, homeless- can American men. Out of the highest number Vanessa Turner, whose critical illness still has ness and affordable housing, small business of women in the military during the period not been diagnosed by Army medical per- development and veterans benefits and serv- (271,000), only 4,000 were African American sonnel since returning from Iraq, and who has ices. women. struggled to find and maintain adequate af- Next, we were happy to extend a very warm Moreover, African American women contin- fordable housing and/or timely treatment for welcome and deepest appreciation to our dis- ued to serve from the Korean Conflict through her health through the VA; to Carolyn Williams tinguished guests, panelist, moderator, and Vietnam to Operation Desert Storm. Of the speaking of her struggle for over 30 years to Bishop Imagine Stewart for performing our in- 35,000 women who went to Desert Storm, an have her sexual assault recognized and ad- vocation. Which included State Senator Ed estimated 40% were African Americans. And dressed by both Navy and VA officials. Al- Harbison, Chairman of the Georgia Legislative today, the statistics tell us that over 30% of though the outward appearance seemed to be Black Caucus special presentation to Spc. military women are African American, approxi- ‘‘VA bashing,’’ we all realized that their prob- Shoshanna Johnson, who was captured in mately 33.6% enlisted, and 13.1% commis- lems arose from systemic problems, or inad- Iraq two years ago with other members of the sioned and warrant officers. Notably in 2002, equate governmental policies and practices, 507th Maintenance Company. Shoshanna is African American women were over-rep- and were compounded by human errors. the only African American women to be held resented in the armed services as compared captive in Iraq. But more importantly, with their proportion in the civilian population. Although issues were brought up which are Shoshanna truly exemplifies the best that This is simply to say that, African American undoubtedly begging for attention, this forum America has to offer—her courage under the women made up 30.8% of all military women, was just our beginning. Of those concerns ad- most extraordinary of circumstances shows us while making up only 12% of all civilian dressed, however, it was abundantly clear that all just how important the service of our ordi- women. there were three vital issues: First, the inad- nary airmen, marines, sailors, and soldiers are Equally important, the purpose of this forum equacy and sometimes absence of adequate to our Nation. Thus, all those who serve, was to discuss issues pertaining to women in Veterans’ Administration services and pro- serve equally and should be awarded based the military and veterans, but particularly black grams for female military veterans. Second, on their service, and not by the color of their women veterans. The overarching questions the invisibility of their struggles which are quite skin, or gender. however were: What happens to these women often ignored and their frustration with the lack This led us to the issues we were there to socially, economically, and politically, when of methods available for redress. Third, the discuss, the treatment of women in today’s they return to the civilian sector as military vet- need to consider organizing some type of na- military, and as veterans. However, the dis- erans? Or what effects does military service tional conference where the issues facing Afri- cussion of the current state of affairs would be have on their subsequent lives? With the sec- can American women veterans might be high- incomplete without a brief history, or stories of ond question being: how can we systemically lighted, discussed, and strategies for address- those who paved the way for the modern mili- help the masses of young women veterans in ing these challenges suggested. Such a na- tary woman. Early on, African American order to inspire them to reach their fullest po- tional conference where these issues are ad- women played major support roles during the tential? dressed through panels and workshops, with Revolutionary War, War of 1812, and the Civil To address these questions we had two dis- the latter focused on sharing strategies that War. For example: Harriet Tubman served as tinguished panels with us that day to discuss have proven effective and creating new pos- a Union spy, an unpaid soldier, a volunteer a range of issues pertaining to the African sible roads to take for the future. Why, be- nurse, and a freedom fighter. While another American woman veteran. Among the topics cause we also heard comments such as, I runaway slave, Susan King Taylor, became fa- discussed were those of post traumatic stress wish to thank you to the experience at long mous for her volunteer service as a nurse and disorder, homelessness, physical disability, last gave them an opportunity to find not just launderer as she traveled with her husband’s and sexual harassment, or assault. Our first an ear that would hear their story. Or their first unit, the 33rd United States Colored Troops panel of presenters consisted of Attorney Her- real opportunity and chance to speak publicly (USCTs). She formed the Boston Branch of bert Fenner of the law firm McKenna Long regarding fighting for VA benefits over many

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.069 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2579 years. But also left them with hope for the cre- TRIBUTE TO DON CHALMERS During the years that followed, Rear Admiral ation of an avenue that would rightfully ad- Weaver accrued an impressive operational ca- dress the life altering negative injustice that HON. TOM UDALL reer highlighted by command of USS Exultant black women have and continue to be con- OF NEW MEXICO and USS Spruance. Rear Admiral Weaver fronted by while in performance of their mili- IN THE HOUSE OF REPRESENTATIVES was designated a surface warfare officer in 1973. His sea tours also include duty aboard tary duties, as well as afterward as ‘‘veterans’’ Friday, December 16, 2005 USS Marvin Shields, USS Capodanno, USS seeking help through the VA. For many years Mr. UDALL of New Mexico. Mr. Speaker, I Boulder, and USS Samuel Eliot Morison. they did not believe that anyone cared, or would like to rise today in recognition of Mr. Ashore he commanded U.S. Naval Station, would ever be concerned about the injustice Don Chalmers, an outstanding citizen in my Norfolk, VA, the world’s largest Navy base, that black women have endured at the hands district. In acknowledgment of the successful and served as an assignment officer in the of the U.S. military. management of his business, Don Chalmers Bureau of Naval Personnel, as head of the Again, the generosity of Wayne Gatewood, Ford in Rio Rancho, N.M., Mr Chalmers re- Seamanship and Navigation Department at the U.S. Naval Academy, as head of the Sur- Jr., President and CEO of Quality Support, cently received the Zia Award, Quality New Mexico’s highest performance excellence face Combatant Branch of the Surface War- Inc., and Amistad Associates paved the way honor. fare Division and as head of the Mine Warfare for a gala evening of socializing, recognition The New Mexico Quality Awards program is Branch of the Expeditionary Warfare Division. and public acknowledgement for the following modeled after the Malcolm Baldrige National He also served as executive officer to the di- female veterans and groups from the Civil war Quality Awards, a program initiated in 1987 rector of Logistics, J4, the Joint Staff. to World War II to the war in Afghanistan and when President Ronald Reagan signed the He was selected for Flag rank in February Iraq: Deborah Bretey, Antoniette Edwards, Malcolm Baldrige National Quality Improve- 1997. Rear Admiral Weaver served as the Mary Jackson Fears, State Representative ment Act of 1987. Every year businesses that 83rd commandant of Naval District Wash- Gloria Fox, Vernessa Franklin, Sgt. Casaundra apply for New Mexico Quality Awards partici- ington, the oldest continuously operated Navy Grant, Col. Delores Hampton, USA, Ret., Hat- pate in training, education, and assessment installation in the Nation. In his most recent tie Harris, Vera Haskins (now deceased), programs. Throughout the year, performance assignment as commander, Navy Installations Lorenza Hilliard, Lt. Col. Patricia Jackson, levels are checked and commitment to quality Command, and director, Ashore Readiness Di- USA, Ret., Sarah Jackson, Willette Jenkins, business is assessed. Participants are then vision, Rear Admiral Weaver led unprece- Lillie B. Johnson (known as Miss Lillie B, now considered for three levels of recognition. The dented organizational change amid an historic deceased), Spc. Shoshanna Johnson, Pfc. most outstanding of these is the Zia Award for time of overall Navy transformation in the Sarah L. Keys (Sarah Keys Evans), Noel performance excellence. Navy’s shore infrastructure. Mitchell, Capt. Margaret Oglesby, MNG, Col. By participating in New Mexico Quality train- Rear Admiral Weaver is an exceptional Marie Rogers, USA, Ret., Mildred Smith-Kidd, ing and analysis programs, Mr. Chalmers leader. He is an individual of uncommon char- Willie Whiting; House of Imagene, Mozella’s dealership has become a benchmark for ex- acter and his professionalism will be sincerely House, My Women Veterans Group, Black cellence in New Mexico. Mr. Chalmers dem- missed in the Navy. Mr. Speaker, I am certain Women’s Leadership Caucus, Center for onstrated a commitment to improving his al- that my colleagues will join me in thanking Women Veterans (Department of Veterans Af- ready very successful business by surpassing RADM Christopher Weaver for his honorable fairs), National Association of Black Military the needs and expectations of his employees service in the United States Navy, and wishing Women, Harriet Tubman Home, League of and the residents of our New Mexico commu- him and his wife Chris all the best in the years Women for Community Service, and the Col- nities. Because of these accomplishments, to come. ored Ladies Christian Relief Society of the Don Chalmers Ford received the most pres- f 54th Massachusetts Volunteers. tigious of performance awards, the Zia Award. EXPRESSING SENSE OF THE In return, they especially thanked us for giv- Beyond his business success, Mr. Chalmers HOUSE THAT SYMBOLS AND ing accolades to the female veterans of color, has been an active and outstanding citizen of TRADITIONS OF CHRISTMAS New Mexico over the last 10 years. Mr. and for always remembering heroine Harriet SHOULD BE PROTECTED Chalmers has participated in a number of Tubman. Some felt humbled to receive their community projects such as the Equal Access SPEECH OF awards, other felt good to read the words of to Justice Campaign, the New Mexico Balloon acknowledgement and appreciation in addition Fiesta, and Women on the Move. HON. EARL BLUMENAUER OF OREGON to giving them motivation to continue on in It is with pride an appreciation that I con- IN THE HOUSE OF REPRESENTATIVES both their personal and professional lives. As gratulate this outstanding citizen on his con- well as for providing one of the few venues tributions to our great State and on receiving Wednesday, December 14, 2005 that allows them to smell their flowers, or the one and only Zia Award granted by Quality Mr. BLUMENAUER. Mr. Speaker, this legis- roses before they die. New Mexico in 2005. lation is an excellent example of how the House Leadership politicizes non-issues to In closing, I thank Sarah Ann Shaw, Drs. f distract Congress from substantive issues. Brenda Moore, Laura Miller, Leisa Meyers, TRIBUTE TO RADM CHRISTOPHER The Federal Government is obviously not Robenia Gary, A.V. Hankins, Shari Miles and WEAVER opposed to Christmas, an annual celebration Ron Armstead for their continuing help in mak- that has deep significance for those of us from ing the Veterans Braintrust an ongoing suc- HON. IKE SKELTON a Christian tradition. In that sense, a ‘‘Yes’’ cess. Also speaking on behalf of all my col- OF MISSOURI vote is appropriate. leagues I thanked our African American vet- IN THE HOUSE OF REPRESENTATIVES But Christmas is not under assault from the Federal Government; there is no need for this erans in the audience for coming and their Friday, December 16, 2005 service to our great nation. Needless to say, resolution. Therefore, a vote of ‘‘Present’’ Mr. SKELTON. Mr. Speaker, I rise today to could be appropriate; there is simply no con- it was overwhelming to be in a room with so honor RADM Christopher Weaver, United troversy here. many true heroines and heroes, because it States Navy, who is retiring after more than 34 I chose to vote ‘‘No,’’ however, because the makes me very very proud that this is one of years of faithful service to our Nation. resolution is flawed. It misses the point. Christ- the best-attended issues forums during the A native of Harrisonville, MO, Rear Admiral mas is not being threatened by the federal Congressional Black Caucus Foundation An- Weaver began his career in 1971, when he government. Instead, the season that cele- nual Legislative Conference (ALC). graduated from the United States Naval Acad- brates Christ’s humble birth in a manger has emy. He holds a bachelor of science degree Lastly, Representative SANFORD BISHOP, Jr. been commercialized and cheapened by those from the Naval Academy and a master of pub- who celebrate it as the retail highlight of the and I agree Gen. George Washington had it lic administration degree from George Wash- year. right when he said, ‘‘the morale and strength ington University. He is also a distinguished My sincere wish for the New Year is that of the nation’s military forces would be directly graduate of the Industrial College of the House leadership sets aside its penchant for proportional to how well veterans who already Armed Forces. Rear Admiral Weaver is an distracting and divisive issues to focus on so- served and sacrificed for the country are treat- honorary Seabee and honorary master chief lutions to problems that face Americans every ed and appreciated.’’ petty officer. day.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.071 E17DEPT1 E2580 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 IN RECOGNITION OF REV. JOHN R. vided by the Roane County Military Memorial they don’t have to be as high in future winters CLAYPOOL IV Honor Guard. and summers for homeowners and the federal f government if we begin now to take some of the low-cost steps to better control our use of HON. MIKE ROGERS RECOGNIZING CENTENARIAN OF ALABAMA energy. Adoption of these measures now will LORETTE NOSTER OF HERNANDO IN THE HOUSE OF REPRESENTATIVES pay big dividends in the future in the form of COUNTY, FLORIDA lower energy costs. Friday, December 16, 2005 The federal government needs to be a lead- Mr. ROGERS of Alabama. Mr. Speaker, I HON. GINNY BROWN-WAITE er on this issue. In 2000, federal agencies rise today to remember and pay tribute to the OF FLORIDA spent $7.4 billion to consume 1 quadrillion Reverend John Rowan Claypool IV, who BTUs of energy. Although energy consumption IN THE HOUSE OF REPRESENTATIVES passed September 3, 2005. He was inter- in government buildings has dropped by al- nationally and nationally recognized as one of Friday, December 16, 2005 most 25 percent since 1985, approximately $1 the most gifted spiritual leaders and teachers Ms. GINNY BROWN-WAITE of Florida. Mr. billion in taxpayer dollars is still wasted each of our time. Speaker, I rise today to honor Lorette Noster year. These bills will help ensure that federal Dr. Claypool was ordained to ministry in of Hernando County, Florida. Lorette will do buildings are meeting strong energy efficiency 1953 and served as Pastor of five Baptist something this June 3rd that all of us strive goals and that the federal government is tak- Churches in Kentucky, Tennessee, Texas and for, but that very few of us will ever accom- ing a look at the full range of energy-saving Mississippi. He was ordained an Episcopal plish, celebrate her 100th birthday. technologies. priest in 1986 and served as Rector of Saint Born in Manchester, New Hampshire, Installation of Metering in Federal Buildings: Luke’s Episcopal Church in Birmingham, Ala- Lorette was raised by her grandparents from a The installation of appropriate metering equip- bama for nearly 14 years. He retired from full young age on. Lorette attended Notre Dame ment in federal buildings for electricity, natural time parish ministry in 2000 and, since that school in Stanbridge, Canada, and then gas and other petroleum-based fuels, as well time, had served as the Professor of Homi- worked with her grandparents in their house as steam and chilled water, provides the data that can enable the building operator to man- letics at Mercer University’s School of The- painting business painting woodwork for nearly age energy consumption and help cut the fed- ology in Atlanta, Georgia. forty years. One of Lorette’s fondest childhood eral government’s energy bill. Often this will He has written many books education oth- memories was having her own horse, a retired require the installation of ‘‘smart meters’’ that ers of the things he has learned through the racehorse named Josie, that she cared for provide much additional information for man- death of his 10 year old daughter, and the ac- and rode for nearly 12 years. aging energy consumption. This bill amends counts of his role in the struggle for Civil Lorette married Fred Noster in 1931 and the ‘‘National Energy Conservation Policy Act’’ Rights. Dr. Claypool was truly a model citizen was happily married for 65 years until his (NECPA) to advance from 2012 to 2008 the and will be sorely missed. His word lives on death in 1996. Blessed with both a son and a through his wife, Ann; and their children. date by which metering must be installed in daughter, Lorette and Fred also had five certain large Federal buildings. Section 103 of Again, Mr. Speaker, I am privileged to honor grandchildren, six great-grandchildren and and pay homage to the Reverend John R. the Energy Policy Act of 2005 amended three great-great grandchildren. She moved to NECPA to require metering in Federal build- Claypool IV in the House today and hope that Hernando County in the spring of 2000 to be we may all strive to live as he did. ings by 2012. However, under current law, close to her family and enjoys the county’s new buildings that will be built between now f friendly people and comfortable winters. and the deadline will not be required to have HONORING THE LIFE OF WILLIAM One of Lorette’s memories was her surprise metering installed that provides the relevant ‘‘BILL’’ PRYOR NEWBY 90th birthday party where she got to see so data for meaningful monitoring of energy con- many family members and friends. Over the sumption. Metering is far easier to install dur- years she is most proud of winning prizes for ing construction than after the building is com- HON. LINCOLN DAVIS her handmade clothes at the county fairs and OF TENNESSEE pleted. Without this basic information, building her square dancing. IN THE HOUSE OF REPRESENTATIVES performance cannot be evaluated and im- Today, Lorette says that working in her gar- proved. I believe there is no reason why the Friday, December 16, 2005 den gives her the most pleasure. She says government shouldn’t get on with this program Mr. DAVIS of Tennessee. Mr. Speaker, I that if she had to live her life over, she would now rather than waiting another 7 years. stand to honor the life of William ‘‘Bill’’ Pryor continue her education past grade school and AOC Energy Management Responsibility: Newby of Kingston, Tennessee. Mr. Newby, at study music. Her favorite flower is the lilac and This bill clarifies the intent of the recently en- the age of 85, recently passed away at his her favorite color is red. Lorette’s advice for acted H.R. 6, ‘‘The Energy Policy Act of 2005’’ home after a long and successful life. the young people today is, ‘‘go to college, with respect to the obligations of the Architect A veteran of World War II serving in the don’t smoke and eat natural foods.’’ of the Capitol in energy conservation. The bill U.S. Navy, Mr. Newby was loved by many Mr. Speaker, I ask that you join me in hon- explicitly requires the AOC to comply with sub- family and friends. He was a 64-year veteran oring Lorette Noster for reaching her 100th stantially all of the same building management of the Tennessee Valley Authority, serving birthday. I hope we all have the good fortune requirements as the federal agencies. An ex- longer than any previous TVA employee. to live as long as she has. ception is made with respect to reporting re- Mr. Newby began his career with the TVA f quirements. Under this legislation, the AOC on August 19, 1941 when he was hired as an will report results to the committees of jurisdic- UNDONE BUSINESS IN ENERGY electrician apprentice at Fort Loudoun Dam. tion, rather than the Secretary of Energy. He also worked at the Fontana and Douglas CONSERVATION Validation of Design Energy Performance in Dams, and the Johnsonville Fossil Plant. He Federal Buildings: A significant problem in ended his career at the Kingston Fossil Plant HON. BART GORDON new federal buildings is that they often use where he was a maintenance supervisor. OF TENNESSEE more energy than they were designed to use. Speaking of Mr. Newby, Kingston Plant IN THE HOUSE OF REPRESENTATIVES Some of the excess consumption is due to the Manager Earl Deskins said, ‘‘He was a hero lack of adequate monitoring of the HVAC sys- Friday, December 16, 2005 who has spanned the technology changes of tems to ensure they are performing properly. this industry. His selflessness, ability, sharing Mr. GORDON. Mr. Speaker, I am intro- However, some buildings are actually short- past experiences and just treating people in ducing a package of bills designed to take the changed during the construction process as the true STAR 7 fashion has earned him the next step in furthering energy conservation ac- costs rise. Often omitted for cost reasons are title of ‘our hero.’’’ tivities in the U.S., especially in the federal some of the features that are designed to Mr. Newby is survived by his wife, Sarah, government. We stand here today facing the save energy. My bill directs the head of each six children; James Herbert Newby, Elizabeth beginning of the winter heating season and a federal agency to prepare a report comparing Pryor Newby, William Milton Newby, Sarah forecast of record high energy prices. It is pos- the actual energy performance of each new Jane Newby, Katherine N. Burnette, and Tom sible that spot shortages may develop in parts federal building with the design energy effi- Newby, and seven grandchildren and nine of the country if the winter is especially se- ciency performance of the building. The report great grandchildren. vere. is to be completed 18 months after completion He was laid to rest at Roselawn Cemetery Regardless of what happens with supply, of the building and should also include rem- in Athens, Alabama with military honors pro- energy costs will be high this winter. However, edies to bring the building into compliance

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.076 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2581 with design criteria, if necessary. A second re- The National Champion RedHawks’ 2005 ice to the community of Portland, Tennessee. port is required to explain the continued defi- roster included Karen Carmack, Sarah On December 31, Alice will retire after serving ciencies that prevent the building from meeting Prendergast, Maria Sonnerborg, Nicole 24 years as Executive Director of the Portland its performance requirements. Scherger, Rachel Sharp, Victoria Charnley, Chamber of Commerce. f Johanna Botold, Jessica White, Clare Sykes, During her time with the Chamber of Com- Kelly Lewicki, Mizuki Yoshida, Amanda merce, Alice has watched as Sumner County IN RECOGNITION OF THE HENRY Johansson, Azusa Takeuchi, Sara Perrigan, has experienced tremendous growth. Her FAMILY FOR RECEIVING THE Maiko Higashiyama, Lisa Mann, Harumi leadership has helped to ensure that Portland OUTSTANDING YOUNG FARM Someya, Megan Finnegan, Emily Allegood, keeps up with the development while main- FAMILY AWARD FOR ALABAMA Tassia Gimenez, Mauela Schuh, Nicole taining its charm. Grochowsky, Julia Bazi, Amanda Clark, Alice has involved herself in many areas of HON. MIKE ROGERS Yvonne McField, and Jessica Nix. The the community. She was a charter member of OF ALABAMA Redhawks were lead by Head Coach Gerry the Kiwanis Club and served on the boards of the United Way, Tennessee Chamber of Com- IN THE HOUSE OF REPRESENTATIVES Cleary and Assistant Coach Peter Anthony. Congratulations on a historic season. merce, American Cancer Society and many Friday, December 16, 2005 f other fine organizations. In 1992, Alice was Mr. ROGERS of Alabama. Mr. Speaker, I named Citizen of the Year by the Gallatin RECOGNIZING CENTENARIAN rise today to recognize and congratulate an News Examiner. SALLY VANDER EST OF exceptional family from my home state of Ala- Alice has said that Portland and the Cham- HERNANDO COUNTY, FLORIDA bama. On December 4th, Mike and Denise ber of Commerce will always have a special Henry of Montgomery County, Alabama, were place in her heart. I know I join with the resi- awarded the 2005 title of Outstanding Young HON. GINNY BROWN-WAITE dents of Portland in saying that Alice also has Farm Family for Alabama. OF FLORIDA a special place in our hearts, and her service Mike and Denise are exceptional young IN THE HOUSE OF REPRESENTATIVES will be missed greatly. farmers I met on a recent tour of Third District Friday, December 16, 2005 Alice, I commend you on 24 years of dedi- farms. The family manages a preconditioning cated service to Portland, Tennessee, and I Ms. GINNY BROWN-WAITE of Florida. Mr. wish you all the best in your retirement. business for weaned calves, and has 600 Speaker, I rise today to honor Sally Vander brood cows as well as registered Angus and Est of Hernando County, Florida. Sally has f Charolais cattle on their farm. They also own done something that all of us strives for, but IN RECOGNITION OF THE CLAY a catering business. that very few of us will ever accomplish, cele- COUNTY HIGH SCHOOL PAN- As the 2005 Outstanding Young Farm Fam- brate her 100th birthday. THERS FOR THEIR CLASS 2A ily, the Henrys will participate in many events Born February 2, 1905 in Grand Rapids, STATE CHAMPIONSHIP to encourage other young people to become Michigan, Sally was the youngest in her fam- involved in Alabama agriculture. This is a ily. She has many fond memories of roller- HON. MIKE ROGERS great honor for this family, and speaks to their skating, ice skating and learning to drive in OF ALABAMA hard work and dedication as outstanding lead- 1936. In fact, Sally has never gotten a ticket. IN THE HOUSE OF REPRESENTATIVES ers in our community and in our state. Sally worked for 28 years in Health, Edu- As a member of the Committee on Agri- cation and Welfare offices and for the city of Friday, December 16, 2005 culture in Congress, I am privileged to honor Grand Rapids. Following her father’s death, Mr. ROGERS of Alabama. Mr. Speaker, I Mike, Denise and their five children for this Sally cared for her mother into the late 1950’s. would like to recognize today the players and award today, and congratulate them for this The proudest moment of her life was when coaches of the Clay County High School Var- notable accomplishment. she married Adrian Vander Est at 59 years sity football team from Alabama’s Third Con- f old, remembering the exact date and time of gressional District. April 4, 1964 at 4 p.m. On December 3rd, the Clay County Pan- CONGRATULATIONS MARTIN Sally says that her mother was an A–#1 thers won their sixth State Championship title METHODIST REDHAWKS, 2005 person and her best friend, noting that her with a 31–0 victory over Southern Choctaw in NAIA WOMEN’S SOCCER NA- mother was always her date during her high the Class 2A final. These talented young ath- TIONAL CHAMPIONS school days. While she wishes that she had letes won the game after beating a tough op- gotten married earlier in life, she remembers ponent. In particular I would like to give tribute HON. LINCOLN DAVIS that when her friend got engaged, she told to the Panther defense, who in this game OF TENNESSEE Sally, ‘‘that she wanted the diamond but not helped shutout their ninth opponent of the IN THE HOUSE OF REPRESENTATIVES what goes with it.’’ season. While she always thought she would live to I am proud to acknowledge and congratu- Friday, December 16, 2005 be 136, Sally now says that being 100 is a late the Clay County High School Varsity Foot- Mr. DAVIS of Tennessee. Mr. Speaker, the miracle. Today, reading, listening to music, es- ball team of 2005 in the House today, and ex- Redhawks of Martin Methodist College in Pu- pecially musicals, gives her the most pleasure. tend my most heartfelt congratulations to laski, Tennessee won the 2005 NAIA Wom- She enjoys being in Hernando County and these talented young people for this significant en’s Soccer National Championship during away from shoveling the snow. Her favorite accomplishment. tournament play in Olathe, Kansas. This his- flower is the rose and her favorite color is f torical feat came just 2 years after collecting blue, because it goes with her eyes. Her ad- vice to young people is to, ‘‘stop smoking and TRIBUTE TO LEWIS AND CYNTHIA their first winning season in the program’s his- UHLER tory. stop this sex business and drinking, change Martin Methodist entered the NAIA National your morals.’’ Tournament as the top-seeded team. They de- Mr. Speaker, I ask that you join me in hon- HON. JOHN T. DOOLITTLE feated McKendree College, Concordia Univer- oring Sally Vander Est for reaching her 100th OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES sity, tied Westmont College (eventually win- birthday. I hope we all have the good fortune ning on penalty kicks), and Lee University dur- to live as long as she has. Friday, December 16, 2005 ing the championship drive. The championship f Mr. DOOLITTLE. Mr. Speaker, today I wish game winning goal was scored against sev- HONORING ALICE WALKER ON HER to congratulate two good friends from my dis- enth-seeded Lee University at 45:55. RETIREMENT trict in California, Lewis and Cynthia Uhler, as During their winning season these hard- they celebrate their 50th wedding anniversary working ladies collected 23 wins, 17 shutouts, on December 26th. 125 scored goals and a mere eight goals al- HON. BART GORDON Lew and Cindy grew up together in San Ga- OF TENNESSEE lowed. They came together as a team believ- briel, California. Long-time friends, they both IN THE HOUSE OF REPRESENTATIVES ing they can compete at a high level and win. graduated from Alhambra High School one In doing so they etched their names in the his- Friday, December 16, 2005 year apart. However, their relationship gradu- tory books and earned the respect of their Mr. GORDON. Mr. Speaker, I rise today to ally changed after Lew went off to Yale Uni- peers and community. recognize Alice Walker for her dedicated serv- versity, where he graduated in the class of

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.079 E17DEPT1 E2582 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 1955. They began dating when he returned California. He is also a member of the Cali- In the early 1980’s many poor and home- home for visits during those college years. fornia Bar and serves Of Counsel with the less people were affected by major winter Meanwhile, Cindy also attended college and Newport Beach law firm of Davis, Punelli & storms in Central Florida and Pastor Maxwell worked. Keathley. used the church’s fellowship hall to provide Mr. Speaker, it was during Lew’s first year Lew and Cindy have four grown sons and food, shelter and clothing to people with no attending the Boalt Hall School of Law at the three lovely daughters-in-law: Jim, John and homes. It was at this time he became an ad- University of California at Berkeley that the Tricia, Kirk and Tami, and Mark and Echo. Of vocate for the homeless and prayed, ‘‘Lord, let Uhlers’ life together really began. During the course, they also take great joy in their eight your will be done. I desire to do something to Thanksgiving break, Cindy agreed to Lew’s grandchildren. make conditions better for some homeless marriage proposal and they decided to have Mr. Speaker, undoubtedly, the life Lew and people, Lord, teach me, lead me, and guide the wedding the next time he was home. They Cindy have created together is a great Amer- me.’’ both knew what they wanted and then made ican success story—one rooted in a love that Maxwell retired as Senior Pastor of St. John it happen. Thus, on the day after Christmas, has endured and grown for fifty years and Missionary Church in 2001, but never from the December 26, 1955, they were married. This counting. Today, I join in commending them ministry and stated, ‘‘Retired, but not slacked example of setting an important goal and then for their commitment to one another and their up one bit.’’ focusing on quickly realizing it reflects the pat- ongoing service to their community. Their [From the Orlando Sentinel, Dec. 14, 2005] tern they have established ever since then. dedication to God, family, and country is wor- REVERED MINISTER, MENTOR DIES AT 98 Their first home together was Berkeley, thy of praise and emulation. (By Jeff Kunerth) California. Subsequently, Lew’s duty in the f Army led them to Baltimore, Maryland. How- The Rev. Fred Maxwell, a man considered REVEREND DR. FRED L. MAX- the father of Central Florida’s black preach- ever, their roots continued to be in Southern ers, died Tuesday. He was 98. California until Governor Ronald Reagan des- WELL, PATRIARCH OF SPIR- Maxwell, who served as pastor of St. John ignated Lew as the State Director of the Office ITUAL LEADERSHIP IN CENTRAL Missionary Baptist Church for 37 years, was of Economic Opportunity, and the Uhlers relo- FLORIDA, AUGUST 2, 1907–DECEM- a civil-rights leader, ardent advocate for the cated to the Sacramento area. They have BER 13, 2005 homeless, human history book and a man so made their home in the beautiful community of universally respected that he often was Granite Bay for 35 years. called in to mediate church disputes. HON. CORRINE BROWN ‘‘This was a man anyone would want to Lew served in Governor Reagan’s cabinet OF FLORIDA know—similar to Rosa Parks to me. The as Assistant Secretary of the Health and Wel- IN THE HOUSE OF REPRESENTATIVES Reverend Maxwell had that kind of pres- fare Agency. In 1972, Governor Reagan asked Friday, December 16, 2005 ence,’’ Orlando City Commissioner Daisy Lew to organize and serve as Chairman of the Lynum said. ‘‘You are talking about an Governor’s Tax Reduction Task Force. With Ms. CORRINE BROWN of Florida. Mr. icon.’’ the assistance of a nationwide panel of advi- Speaker, as a pastor at St. John Missionary To ministers such as the Rev. Randolph sors (including Nobel Laureates Milton Fried- Baptist Church in Orlando in the Third Con- Bracy of New Covenant Baptist Church of man and James Buchanan), the task force de- gressional District of Florida and an advocate Orlando, Maxwell was a mentor who encour- veloped California’s landmark Revenue Con- for poor and homeless people in Central Flor- aged them, and helped resolve the problems ida, it was in the early 1990’s that Rev. Max- that arise with pastoring. trol and Limitation Act, which became a model ‘‘He knew how to bring calm to a very rau- for tax-expenditure limitation measures in well founded the Grand Avenue Economic De- velopment Corporation. Then, in 1994, due to cous situation. He had a special gift that many states. way,’’ Bracy said. ‘‘I have lost a dear friend. A devoted wife and mother, Cindy has al- the tremendous and continually increasing I have lost a mentor.’’ ways made family the priority in her life. Rais- need for permanent housing opportunities for Orange County Commissioner Homer ing four sons, separated in age by 11 years, the homeless in the community, Maxwell with Hartage remembers Maxwell as a tireless ad- was her chief mission. While she has always the aid of ‘‘his Member of Congress’’ Con- vocate for the homeless. been interested in working and serving in gresswoman CORRINE BROWN, led an effort to Maxwell was instrumental in securing a apply for grant funding from the Department of $4.8 million federal grant to convert a former many ways outside of the home, such activi- motel on Colonial Drive and John Young ties were always relegated to part-time en- Housing and Urban Development to create Parkway into a 127-unit rental complex for deavors so she could focus on the great mis- permanent housing for single, disabled home- the homeless that became known as Maxwell sion of nurturing her children. less persons, a group rarely assisted. The ef- Terrace. Mr. Speaker, Lew is founder and President fort was successful and the organization was But he didn’t stop there. When Maxwell of the National Tax Limitation Committee awarded $4,800,000 to create 100 units of came to Hartage seeking support for another (NTLC), one of the Nation’s leading grass permanent single room occupancy housing. motel conversion on South Orange Blossom roots taxpayer advocacy organizations. With As a community advocate, economic devel- Trail, Hartage turned him down—four times. offices in the Sacramento Area and Wash- opment pioneer, and spiritual leader, Rev. Maxwell kept coming back until Hartage fi- nally relented. ington, DC, NTLC works with the White Maxwell worked as a catalyst for change for Two years later, Hartage had a cousin who House, Members of Congress, state legisla- more than a decade to bridge the gap be- got out of prison and needed a place to tran- tors across the Nation and grassroots organi- tween the rich and poor and black and white sition back into society. He found an apart- zations to limit state and federal spending communities in Central Florida. ment at Maxwell Gardens on South Orange through statutory and constitutional enact- In addition to his public sector work, Rev. Blossom Trail. ments. In fact, Lew has been at the forefront Maxwell was an author, ‘‘Where Is Thy Broth- ‘‘He ended up living in the same place I had of the national movements for a Tax Limita- er,’’ a book of his sermons; a radio pastor for problems approving,’’ Hartage said. 22 years; started a community credit union; Maxwell, who used a wheelchair, was still tion/Balanced Budget Amendment to the active and alert, working on a land deal in United States Constitution. He has written nu- construction development company; tax prepa- Maitland just a few months ago, Hartage merous articles and opinion pieces on taxes ration business; transportation company; citrus said. and spending. He is the author of the book, business, and even appeared in commercials ‘‘He was still strong, and he was still able,’’ Setting Limits: Constitutional Control of Gov- promoting Florida orange Juice. Hartage said. ‘‘You really, in your heart, ernment. He speaks internationally on fiscal Rev. Maxwell received the divine call to the wanted to see him around forever. You just issues and has appeared on numerous na- ministry in 1926 at the age of 19, but it took expect him to be there.’’ him 20 years to heed the call in 1946. In 1950 Eatonville Mayor Anthony Grant called for tional, regional and local television and radio a moment of silence at a Town Council meet- programs and has also been widely quoted in he became the pastor of Zion Hill Baptist ing Tuesday night to honor Maxwell. the print media. Church, one of the oldest Black churches in ‘‘He stood up for everything that was right. Cindy has always become very involved in Orlando, and at the same time serving as pas- We have lost a good leader,’’ said Ella her church wherever the family has gone. tor of Shiloh Baptist Church in Alachua, also Dinkins, 87, a volunteer at the Zora Neale Several times, she has served as secretary to know as one of the oldest Black churches in Hurston Museum. the pastor and, as one son puts it, ‘‘running Alachua County. In 1964 he was called to Born in Williston on Aug. 2, 1907, Maxwell pastor at St. John Missionary Baptist Church grew up in Lake County as the son of turpen- the show.’’ It would be difficult to account for tine industry workers. all the good and worthwhile efforts to which located on Carter Street in the City of Orlando. He said he first heard the calling to the she has contributed. In 1971, he organized the purchase of St. ministry when he was 19 but rejected it. He Along with his fiscal policy work, Lew has John’s current location at 2025 West Central worked as a carpenter, grew citrus and start- been active in land development in Northern Boulevard, Orlando. ed a janitorial business.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.084 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2583 Decades later, when he finally answered Iraq, I call for a real strategy and a real plan PROVIDING THAT HAMAS AND the calling, he was the father of six children. for success, and I applaud the Iraqi people for OTHER TERRORIST ORGANIZA- Maxwell preached throughout Central their recent success in taking part in the TIONS SHOULD NOT PARTICI- Florida. He became minister of Orlando’s St. PATE IN ELECTIONS HELD BY John Missionary Baptist in 1964 and re- democratic process. mained there until 2001. PALESTINIAN AUTHORITY A man who left school in the third grade, f Maxwell obtained his high-school diploma HON. EARL BLUMENAUER later in life and would become known for his TRIBUTE TO RETIRING COLONEL OF OREGON intellect and eloquence. That was his entry TONY A. IMONDI IN THE HOUSE OF REPRESENTATIVES into the worlds of the humble and the mighty. Friday, December 16, 2005 ‘‘He was not pretentious, even though he Mr. BLUMENAUER. Mr. Speaker, I thank was very intelligent, very capable,’’ Lynum HON. IKE SKELTON the sponsors to this resolution for their good said. ‘‘He is going to be remembered as an advo- OF MISSOURI intentions In opposing terrorism and promoting peace in the Middle East. However, I am con- cate, but not just for the homeless. He IN THE HOUSE OF REPRESENTATIVES worked in the community unselfishly.’’ cerned that it could have the opposite effect. Maxwell’s life spanned the Ocoee race riot Friday, December 16, 2005 I join my colleagues in reaffirming the of 1920 to the civil-rights struggles of the United States’ total commitment to the security 1960s to the election of blacks to public of- Mr. SKELTON. Mr. Speaker, it has come to of Israel. I condemn Hamas wholeheartedly as fice. my attention that Colonel Tony A. Imondi is re- a terrorist group whose aims are the destruc- And he remembered it all until the end. tion of Israel and whose tactics of murder are ‘‘He was just a rich repository of African- tiring after a long and distinguished career. inexcusable and unjustifiable. They commit American history in Central Florida,’’ Bracy Colonel Imondi received a Bachelor of said. ‘‘He was a living legacy.’’ horrific terror attacks against innocent Israelis Science Degree in Aeronautics from Dowling and, in doing so, set back the aspirations of f College in 1975. After completing Officer the Palestinian people to statehood. TRIBUTE TO THE PEOPLE OF IRAQ Training School in 1976, he entered the Air Through its social service networks and Force. In 1981, he received a Master of other actions, Hamas has made itself an im- HON. TOM UDALL Science Degree in Systems Management from portant political force in Palestinian society. OF NEW MEXICO the University of Southern California. Therefore, the reality is that the way to defeat Hamas begins at the ballot box. I agree with IN THE HOUSE OF REPRESENTATIVES In 1987, he joined the B–2 Stealth Bomber leading Israeli and American security experts program and became a member of the B–2 Friday, December 16, 2005 who believe that any efforts to exclude Hamas Operational Test and Evaluation team and the Mr. UDALL of New Mexico. Mr. Speaker, will only backfire and strengthen them. In- yesterday, millions of Iraqis turned out to vote, Deputy Commander for Operations of the 31st stead, we must recommit to working against and the fledging democracy in Iraq took an- Test and Evaluation Squadron at Edwards Hamas—to marginalize them, weaken them, other step forward. I join all my colleagues in AFB, CA. In September 1991, he became disarm them, contain them, strengthen their commending the Iraqi men and women for Strategic Air Command’s very first B–2 pilot. democratic opponents, limit their power and their action, and continue to thank the Amer- He subsequently moved to Whiteman AFB, influence, and eventually eliminate them. ican men and women who are honorably serv- MO, upon delivery of the first production B–2. As General (Ret.) Ephraim Sneh—the ing abroad. Unfortunately, despite this impor- He was appointed Deputy Commander of the former West Bank military governor and Dep- tant step, there still is a lack of leadership 509th Operations Group at Whiteman AFB, uty Israeli Defense Minister—wrote in the Washington Post, ‘‘Under current conditions in from the White House or from the Majority on MO, in December 1993. the strategy that will bring our soldiers home the Palestinian territories, especially given the victorious and bring them home soon. After his promotion to Colonel, he attended Palestinian government’s weakness, political And yet again, an opportunity for a mean- the Industrial College of the Armed Forces at containment should precede the dismantling of ingful debate on Iraq has failed to emerge. Fort McNair in Washington, DC. Following his Hamas’s military infrastructure. The urgent ob- This debate must occur, and it must occur distinguished graduation from ICAF, he served jective is to defeat it in the next parliamentary now. We see Iraqis voting, but we don’t know two years on the staff of the Secretary of De- elections. Steps that could strengthen it in the when their governmental authority will take fense monitoring weapons testing before re- elections should be strictly avoided. Attempts hold. We see the Iraqi army training, but we turning to Whiteman as the Commander of the to postpone the elections yet again, or to pre- vent Hamas’s participation, or Israeli disruption don’t know when they will be ready to inde- 509th Operations Group in 1998. pendently defend their nation. We see Amer- of the elections as ‘punishment’ for the partici- ican troops serving and dying, but we don’t In 2000, Colonel Imondi assumed duties as pation of Hamas, will strengthen Hamas in the know when they will return. the Vice Commander of the 2nd Bomb Wing, Palestinian street instead of weakening it.’’ A strategy must be outlined, both to the Barksdale Air Force Base, Louisiana. In Sep- I am concerned that this resolution sends a American people and to the Iraqi people, tember 2001, after the terrorist attacks on the message that would be harmful to Israeli se- which demonstrates a path to success. Rhet- United States, Colonel Imondi deployed in curity and set back efforts to establish the vi- oric must be replaced with substance for such support of Operation Enduring Freedom as sion of a democratic Palestinian state that a strategy to develop. I believe that a con- Vice Commander of the 28th AEW, conducting lives side-by-side with Israel in peace. There- fore, I cannot support the resolution. centrated effort will be necessary to urge the combat missions in Afghanistan. In 2002, f Iraqi people to take a lead in the war efforts Colonel Imondi was assigned to the Direc- and in the redevelopment efforts. Only by ac- torate of Operations, Headquarters AETC. RECOGNIZING CENTENARIAN celerating the transfer of responsibility to the Colonel Imondi is a command pilot with more ELSIE JOHNSON OF HERNANDO Iraqis will they be ready to lead their nation to- COUNTY, FLORIDA ward a stronger democracy sooner rather than than 5,500 hours of flying experience in a later. wide variety of Air Force aircraft. HON. GINNY BROWN-WAITE Mr. Speaker, earlier this week the President Colonel Imondi’s awards and decorations in- finally admitted that this war was based on OF FLORIDA clude the Defense Superior Service Medal, the IN THE HOUSE OF REPRESENTATIVES several false pretenses and was supported by Bronze Star Medal, the Legion of Merit Award, Friday, December 16, 2005 claims and arguments that were wrong. The the Meritorious Service Medal, the Air Medal President and the Majority must admit that this and the Aerial Achievement Medal. Ms. GINNY BROWN-WAITE of Florida. Mr. continued lack of planning on their part is Speaker, I rise today to honor Elsie Johnson most importantly a disservice to our soldiers, Mr. Speaker, I know the Members of the of Hernando County, Florida. a disservice to Congress, and a disservice to House will join me in paying tribute to Colonel Elsie has done something that all of us the American people. If we do not learn from Tony A. Imondi for his exception commitment strive for, but that very few of us I will ever ac- this mistake it will be repeated—and the con- to the United States Air Force and the United complish, celebrate her 101st birthday. sequence will be more loss of American lives. States of America. Born April 17, 1904 in Coventry, Con- I again join others in calling for a debate on necticut, Elsie Johnson attended school in

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.088 E17DEPT1 E2584 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 Massachusetts. She worked for seventeen so stridently than the statement below from his Our nation’s diversity is one of its greatest years at Sears where she manufactured three daughters—Ashley, Katina and Molly. strengths, and I am pleased that this resolu- shears. Married to Hugo Johnson in 1921, she Senator Tsongas understood that he had a tion honors the achievements of this vibrant and her husband were blessed with four chil- duty to protect the Arctic National Wildlife Ref- community. dren, nineteen grandchildren and fourteen uge for his daughters, and this Congress must f great grandchildren. She has proudly seen all understand that it has a charge to continue to of her children married and make lives of their preserve this unspoiled wilderness for future TRIBUTE TO OLGA DEFELIPPO own. Married for forty-two years, the happiest generations. events in Elsie’s life were her wedding day Since its establishment 25 years ago, the HON. VITO FOSSELLA and the birth of her first daughter. threat to the Arctic National Wildlife Refuge OF NEW YORK Elsie moved to Hernando County with her has never been greater, but so is the support IN THE HOUSE OF REPRESENTATIVES daughter and says that her favorite part of the of American families for keeping drilling away Friday, December 16, 2005 county is the nice and friendly people who live from this magnificent pristine ecological gem. there. Today Elsie says that she enjoys her This statement of the Tsongas family is elo- Mr. FOSSELLA. Mr. Speaker, it is with both crochet work and doing her housework. Pass- quent testimony to the fact that the wilderness great pride and sadness that I remember Mrs. ing on the wisdom of her years, Elsie says values of our wildlife refuge system are eter- Olga DeFelippo, a distinguished, life-long that her advice to young people today is to nal, whereas the energy value of a few oil member of the Bay Ridge, Brooklyn commu- ‘‘work for what you have and don’t expect it to wells will always be fleeting. nity, a tireless advocate for the develop- be given to you and to develop higher values.’’ Letter to Congress from the daughters of mentally disabled, and an exemplary Amer- Mr. Speaker, I ask that you join me in hon- former Senator Paul Tsongas: ican, who recently passed away on November oring Elsie Johnson for reaching her 101st DEAR MEMBER OF CONGRESS: We are writing 3rd at the age of 88. birthday. I hope we all have the good fortune to express our hope that you will vote to Today, I honor her memory as a selfless de- to live as long as she has. keep any authority for oil and gas drilling in fender for those who could not defend them- the Alaska National Wildlife Refuge out of f selves. As a mother of a developmentally dis- the budget reconciliation bill. Our father, abled child herself, whom no school would ac- RECOGNIZING AND HONORING AN Sen. Paul Tsongas, believed the most valu- cept, she understood personally how children AMERICAN GIANT, CONGRESS- able opportunity afforded to any member of Congress is the opportunity to make this with no voice of their own suffered injustice at MAN JOHN D. DINGELL, JR. country and this world a better place for fu- the hands of a society that did not com- ture generations. The principle of prehend their plight. SPEECH OF generational responsibility was both grand This emboldened her to undertake a right- HON. MAJOR R. OWENS and personal—he fought for America’s chil- eous crusade to render justice and dignity to dren and for us, his three daughters and his OF NEW YORK the thousands of others like her son. She or- future grandchildren and great-grand- ganized other parents and founded the Guild IN THE HOUSE OF REPRESENTATIVES children. For this reason, he cosponsored the for Exceptional Children, an organization that Tuesday, December 13, 2005 legislation to establish the Arctic National Wildlife Refuge with the expectation that it today still works to help people reach their Mr. OWENS. Mr. Speaker, certainly I would would not only be his enduring gift to us but maximum potential and help families cope with like to associate myself with the previous re- also Congress’s legacy to America’s future the responsibility of caring for disabled family marks of congratulations, admiration, and ap- generations. In doing so, he entrusted us members at home. With the support of numer- preciation expressed by numerous members with the responsibility to ensure that this ous elected and civic leaders in New York of this House about our esteemed and revered unique natural resource remains protected, State, she lobbied exhaustively, and success- colleague, Congressman JOHN DINGELL of not just for a few decades, but for genera- fully, for legislation that guaranteed children tions to come. with developmental disabilities the same right Michigan. It is my opinion that wisdom is the In the years after he left the Senate, our invaluable contribution which Chairman DIN- father would cite the creation of this mag- to an education as all other children, and to GELL continues to offer our deliberations; it is nificent wild arctic sanctuary as one of the bring these human beings out of institutions wisdom, gained from years of hard work, ex- accomplishments he was most proud of in his and return them to the comfort of real homes, perience and keen analytical observations. At life. We know that he would be fighting for where they would be surrounded by those a time of relentless public policy turmoil and its preservation today. As his daughters and who could love and care for them. frequent partisan confrontations, this institution as Americans, we treasure the gift he gave us Joining the ranks of our Nation’s great re- needs well-anchored, seasoned, counseling to and the responsibility it carries. We take formers like Dorothea Dix, Mrs. DeFelippo’s this responsibility very seriously and hope efforts to restore dignity to those, less able blend with the know-how and energy of the that you do as well. fresh and the young. JOHN DINGELL’s fifty-year than we, cannot and will not be forgotten. life investment in the House of Representa- f Olga departed leaving behind her three chil- tives continually produces a dividend for all SUPPORTING THE GOALS AND dren, Joseph, Vivienne, and Noel, and her two Americans. IDEALS OF KOREAN-AMERICAN grandchildren Michael and Peter. However, f DAY while we mourn her loss, we as a Nation should smile proudly at her life and her deeds, LETTER TO CONGRESS FROM THE SPEECH OF for there is no greater credit to her accom- DAUGHTERS OF FORMER SEN- plishments than having left this Nation and our ATOR PAUL TSONGAS HON. CAROLYN B. MALONEY OF NEW YORK world better than she had found it. f HON. EDWARD J. MARKEY IN THE HOUSE OF REPRESENTATIVES Tuesday, December 13, 2005 PENSION PROTECTION ACT OF 2005 OF MASSACHUSETTS Mrs. MALONEY. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES SPEECH OF support of H. Res. 487, supporting the goals Friday, December 16, 2005 and ideals of Korean-American Day. This im- HON. CHRIS VAN HOLLEN Mr. MARKEY. Mr. Speaker, throughout his portant resolution also recognizes the 103rd OF MARYLAND distinguished career, our former colleague, anniversary of the arrival of the first Korean IN THE HOUSE OF REPRESENTATIVES Senator Paul Tsongas, worked tirelessly to en- immigrants to the United States. sure that our environment and our nation’s In January 1903 the first Korean immigrants Thursday, December 15, 2005 natural treasures would be preserved for fu- came to the United States. Since then, Ko- Mr. VAN HOLLEN. Mr. Speaker, the good ture generations of Americans. He was par- rean-Americans have raised families, partici- news is that this Congress is at long last at- ticularly proud of his leadership in the Senate pated in their communities, and contributed to tempting to address the looming crisis in our that led to the original designation of approxi- the economy. nation’s pension system. The bad news is that mately 18 million acres of land in Alaska, in- I am proud to represent the thousands of the best available evidence suggests that to- cluding the Arctic Coastal Plain, as the Arctic Korean-Americans living in my congressional day’s optimistically entitled Pension Protection National Wildlife Refuge. Nothing better dem- district. These hard-working individuals have Act doesn’t achieve its stated objective. onstrates the importance of the idea of started numerous businesses which help to Pension rules are complex. But in my view, generational responsibility for which he fought strengthen the economy of New York City. the goals of pension policy are really pretty

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.092 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2585 simple. First, we must protect taxpayers from TRIBUTE TO UNIVERSITY OF that the Congress and the public have indi- an S&L style bailout of the Pension Benefit NORTH CAROLINA PRESIDENT cated is so necessary. Guaranty Corporation (PBGC). And second, MOLLY C. BROAD Another major development that must be we must shore up the long term viability of the credited to President Broad is the develop- pension benefits promised our workers. HON. DAVID E. PRICE ment and growth of North Carolina’s Need- OF NORTH CAROLINA Based Financial Aid Program. The North The PBGC today faces a current deficit of IN THE HOUSE OF REPRESENTATIVES Carolina General Assembly has come to un- about $23 billion, with additional liabilities esti- derstand that as the college-going rate in- Friday, December 16, 2005 mated at up to $100 billion. However, rather creases, more North Carolina students will than closing that gap, H.R. 2830 actually in- Mr. PRICE of North Carolina. Mr. Speaker, come from circumstances that require financial creases the PBGC’s deficit by $9 billion over I rise today to pay tribute to Molly Corbett assistance to make college possible. With leg- the next 10 years, according to the Congres- Broad, President of the University of North islative support, this need-based program has Carolina, who will retire from the University at sional Budget Office (CBO). grown exponentially over the past several the end of this month following more than years and now provides nearly $60 million to Mr. Speaker, I simply cannot support pen- eight years of dedicated service to the stu- needy North Carolina students. sion legislation that puts taxpayers in greater dents, faculty and staff of the University, and President Broad has also positioned the jeopardy than they already face today. to the people of North Carolina. University squarely in the middle of North During President Broad’s tenure, the Univer- With respect to pension security, we would Carolina’s economic revitalization. As the sity of North Carolina has begun its journey as do well to recall the Hippocratic admonition to North Carolina economy transitions from his- a model 21st-century institution. Under her torical industries such as tobacco, textiles and ‘‘First, Do No Harm’’. Congressional action guiding hand, North Carolina voters approved furniture to 21st-century industries like bio- that results in companies terminating or freez- in 2000 the largest revenue bond issue for technology, information technology and ing or failing to establish defined benefit plans higher education in the history of this nation. nanotechnology, President Broad has stressed in the first place hurts precisely the same Funds from the ‘‘bond campaign’’ are trans- that the University must and will play a key workers we say we are trying to help. Yet forming the sixteen constituent campuses of role in that transition. From the development that’s precisely what this bill does. the University through the construction of on several campuses of biotechnology work- A recent survey of the Committee on Invest- modern student housing, innovative class- force training and research facilities to the rooms, state-of-the-art laboratories and world- ment of Employee Benefit Assets (CIEBA), an emerging ‘‘biopolis’’ in Kannapolis, President class facilities. Bond funds have also enabled Broad has guided the University to the fore- organization representing Chief Investment Of- UNC–TV to completely digitize its broadcasts front of efforts to re-energize the state’s econ- ficers from the nation’s largest corporations, and provided the North Carolina Arboretum a omy and prepare a brighter future for North found that 60% of pension plans would be fro- remarkable opportunity to make significant in- Carolinians across the state. zen or terminated if this legislation becomes vestments in its infrastructure and physical She has taken other steps to ensure that law. The CIEBA goes on to warn that HR plant. During this same period, external grant our children receive the education they will 2830 would ‘‘have long term consequences for support to the University has nearly doubled, need in order to be prepared to enter the 21st- current and future workers, with the potential surpassing $1 billion annually. All of these im- century job market. Under President Broad’s to damage the retirement security of millions provements will enable UNC to sustain its po- guidance, the University is on track to in- of Americans.’’ sition as one of the premier university systems crease its certification of K–12 teachers by in the world. more than 60 percent over five years. In addi- If we are not effectively securing the earned In addition, President Broad has propelled tion, during the Broad years the University has pension benefits of our workers, then what are North Carolina to the forefront of public higher surged forward in its collaborations with K–12 we doing here today? education in the use of information tech- schools to produce the highest qualified teach- Mr. Speaker, I have a final objection to to- nologies across all facets of University life. ers and administrators through such programs day’s proceedings regarding the inability of our Her keen vision and recognition of the power as NC TEACH, the North Carolina Mathe- of information technology to transform edu- side to offer a Democratic substitute. If we had matics and Science Education Network, and cation and the economy of our nation and the been allowed a substitute, this House would the North Carolina Principal Fellows Program. world is widely acknowledged. Whether seek- President Broad also has been a leader at have had an opportunity to debate a range of ing her perspective on the academic useful- the national and international levels, chairing critical issues not adequately addressed by ness of peer-to-peer technologies, the virtues or serving on the boards of such diverse orga- the underlying bill—including the inappropriate of online and blended learning in support of nizations as the University Coalition for Ad- use of the PBGC as a dumping ground for un- access and teacher preparation, or the prom- vanced Internet Development (Internet2), the derfunded pensions run by companies seeking ise and potential of ‘‘open source’’ applica- International Council on Distance Education, a competitive advantage in the marketplace, tions, CEOs of major U.S. corporations, inter- the Council on Competitiveness, and the Na- the right of older workers not to face age dis- national institutions of higher education, gov- tional Association of State Universities and crimination under federal pension rules and ernments and not-for-profit organizations Land Grant Colleges. She co-chaired the the ability of all workers to receive disin- across the globe look to President Broad for study group that produced the Business-High- terested investment advice for their company sage advice and foresight. er Education Forum report, ‘‘Building a Nation During President Broad’s tenure, UNC has of Learners,’’ which has contributed greatly to sponsored defined contribution plans. Because also emerged as a national leader in ensuring the important national discussion about the the majority has abused its procedural power access to quality higher education, especially skills our college graduates need to be com- to block our alternative, these and other im- among lower-income and first-to-college fami- petitive workers and effective citizens in our portant issues that ought to be receiving our lies. Over the past eight years, the number of 21st-century global society. careful attention will not see the light of this North Carolina high school graduates going on We are fortunate that President Broad’s re- day. to a two-year or four-year college has steadily tirement from the University does not mean Mr. Speaker, for the sake of the millions of increased. As a result, North Carolina now has she is retiring from professional life. She will one of the highest college-going rates in the hardworking Americans counting on their hard- assume a position at the University of North country, and it is still climbing. One of the keys Carolina at Chapel Hill School of Government, earned pension benefits to support themselves to this success has been the development—in and we fully expect her to continue to con- and their families in retirement, this Congress partnership with the K–12 and community col- tribute to the advancement of higher education has an obligation to pass meaningful pension lege systems—of CFNC.org, a one-stop web- in North Carolina and beyond for many years reform. based resource that enables students and to come. We are very pleased, however, that However, I cannot and I will not support their families to learn how to ‘‘prepare, apply she will have more time to spend with her de- pension legislation that further imperils the tax- and pay for college.’’ Developed during the voted husband and partner, Bob Broad, and payers and workers real pension reform is Broad administration, CFNC.org has become her wonderful children and two grandchildren. a national model in enabling colleges and uni- In closing, I want to cite several observa- supposed to serve. versities to provide readily available, quality in- tions made by others about President Broad’s I urge my colleagues to vote no on H.R. formation to students and families about how service to the state and University over the 2830, and I yield back the balance of my time. to pay for a college education—filling a need past 81⁄2 years. Shortly after announcing her

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.097 E17DEPT1 E2586 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 retirement, the Raleigh News and Observer since 2001, the maximum Pell Grant is frozen One problem we face in the advancement of commended the President for her ‘‘passionate at $4,050 for the fourth straight year in a row. renewable fuels is the sub par infrastructure commitment to excellence and for her effective America needs a highly trained and educated we currently have in place. With ethanol and shouldering of the system’s noble mission of workforce to compete in the global market- biodiesel plants mostly focused within the Mid- public service.’’ The Durham Herald-Sun noted place of the 21st Century, but H.R. 3010 west and with only around 1,000 fuel stations that President Broad will ‘‘leave the state’s slashes funding for education at all levels and that carry E–85 transportation fuels, it is es- public universities . . . ever stronger for her strains school budgets. sential that we provide tax incentives for the stewardship.’’ And the University’s Board of The failure of H.R. 3010 to represent the construction and development of ethanol and Governors recognized that ‘‘as a result of her values of the American people extends be- biodiesel plants. The legislation also builds visionary leadership, this University and this yond the walls of the classroom. H.R. 3010 upon the relationship between renewable fuels state are better prepared to compete and slashes funding for community health centers and industry that started in the last Energy bill. prosper in a global economy.’’ Of perhaps that assist the almost 46 million uninsured The legislation achieves this by providing mul- even more significance is the fact that Presi- Americans, and under funds the Centers for tiple tax incentives for the construction and de- dent Broad was recently awarded the Order of Disease Control as we face the possibility of velopment of an infrastructure that will be the Long Leaf Pine, the highest tribute that a flu pandemic. And as winter officially begins more able to expand past the Midwest. can be paid to any son or daughter of North next week with expected record prices to heat The BioFuels Act of 2005 will provide an ag- Carolina. their homes, H.R. 3010 fails to increase fund- gressive 7-year depreciation schedule for all Molly Broad is one of the most personable, ing for LIHEAP home heating assistance, ethanol and biodiesel refining equipment. Also intelligent, conscientious, and committed lead- which helps keep the heat on for low-income included within this section is a provision that ers that I have ever had the pleasure to know. seniors and children. will expand and extend the installation of alter- From the time of our first meeting, when I was Mr. Speaker, H.R. 3010 fails to represent native fuel refueling property that we in Con- delighted to learn of her intent to strengthen the priorities of the American people. I urge gress passed earlier this year. The provision the university system’s capacity to work with my colleagues to vote against this bad bill and will allow taxpayers to claim a more effective federal agencies and our congressional dele- restore funding for essential services for our percentage tax credit for the cost of installing gation, through our collaborative efforts to en- families. clean-fuel vehicle refueling property to be hance research support, protect academic f used in a trade or business of the taxpayer or freedom, strengthen the university system’s installed at the principal residence of the tax- contribution to homeland security, and build THE BIOFUELS ACT OF 2005 payer. This ramped up percentage schedule the international component of higher edu- would help accelerate the construction of the cation, I have enjoyed and appreciated the op- HON. JERRY WELLER E–85 infrastructure. portunity to work with her. The people of North OF ILLINOIS Finally, this legislation makes the govern- Carolina have benefited and will benefit for IN THE HOUSE OF REPRESENTATIVES ment put its money where its mouth is in ad- vancing renewable fuels research and use. many years to come from President Broad’s Friday, December 16, 2005 service at the helm of their university system. We can mandate the use of renewable fuels Molly, congratulations on a job well done, and Mr. WELLER. Mr. Speaker, I rise today to year after year but if we do not encourage re- thank you for all that you have accomplished introduce legislation that achieves a com- search that will make renewable fuels more for North Carolina. prehensive approach to the future of renew- cost effective, the advancements in renewable able fuels. As we move forward with national f fuels will only be small steps in innovation. energy policy, I strongly believe we need to The BioFuels Act reauthorizes the BioEnergy FURTHER CONFERENCE REPORT start taking steps in a direction that will pro- program that was handled in the 2002 Farm ON H.R. 3010, DEPARTMENTS OF vide consumers with another option other than Bill at a level of $140 million for the next 9 LABOR, HEALTH AND HUMAN just oil based fuels. With crude oil hovering years. This program has been a driving force SERVICES, AND EDUCATION, AND around $60 a barrel, renewable fuels like eth- in the advancement of renewable fuels and RELATED AGENCIES APPROPRIA- anol and biodiesel have started to become under this legislation will focus heavily on cel- TIONS ACT, 2006 economically competitive with oil based fuels. lulosic ethanol and hydrogen technologies. By advancing the use and knowledge of re- It is now more important than ever that we SPEECH OF newable fuels, we can lower demand for im- move towards an energy policy that is less de- HON. BOB ETHERIDGE ported oil by growing America’s energy inde- pendent on foreign oil. One of the attributing OF NORTH CAROLINA pendence. factors for the high costs of oil is the ever so IN THE HOUSE OF REPRESENTATIVES The BioFuels Act of 2005 will push forward present terrorist threats to the critical oil infra- an aggressive schedule for renewable fuels by structure in the Middle East and the other oil Wednesday, December 14, 2005 mandating the renewable content of gasoline producing regions of the world. The volatility of Mr. ETHERIDGE. Mr. Speaker, I rise in op- to be 25 billion gallons by 2025. Under the En- the oil markets has been made fragile by inter- position to H.R. 3010, the Fiscal Year 2006 ergy bill, we are mandating that the renewable national conflicts and disingenuous organiza- Appropriations Act for the Departments of content of gasoline be at 4 billion gallons by tions. What happened in the 1970s with OPEC Labor, Health and Human Services and Edu- 2006 which is 2 percent of total gasoline. is a reminder of what can happen when na- cation. H.R. 3010 severely cuts education, Once implemented, the ‘‘25 by 25’’ initiative tions are greatly dependent upon other nations health care, and human services that are cru- would raise that percentage up to 12.5%. for a single resource. By encouraging renew- cial to North Carolina and to the country. This In addition, this legislation will ensure that able fuels, we will have the ability to grow our conference report is only marginally better government agencies will expand their use of own energy security and further ensure that than one that failed last month. renewable fuels. In the mentality of ‘‘practice we are not greatly affected by the volatility of As the only former state schools chief serv- what you preach’’ it is time for our own federal world demand. ing in Congress, I know firsthand the dev- government to increase their use of ethanol In closing, I believe the BioFuels Act of astating effects that these education cuts will and biodeisel where these fuels are reason- 2005 sets forth the comprehensive approach have. At a time when we are asking our ably available. In attempting to reduce our de- we need in order to blend the use and knowl- schools to do more than ever, H.R. 3010 cuts pendence on foreign oil, it should start right edge of renewable fuels into our society. The No Child Left Behind Funding by $779 million here in our nation’s capitol. latest Energy Information Administration en- below last year’s level and makes it impos- I believe the most innovative part of this leg- ergy outlook report, comments that we can ex- sible for our schools to meet high standards of islation is a new tax credit that will provide for pect these oil prices around $60 to be present accountability. These cuts will destroy the mo- consumers who purchase a new concept vehi- from now until the year 2030. Also contained rale of our teachers, parents and students. cle which combines hybrid and flexible fuel within this report showed that total petroleum America’s working families are struggling to technologies. It is this marriage of these tech- consumption is projected to grow from 20.8 pay record costs for college tuition and ex- nologies that will create a vehicle that will be million barrels per day in 2004 to 26.1 million penses. Last November, President Bush made better steward to our environment and will fur- barrels per day in 2025. We need to make a a campaign promise to increase funding for ther reduce our dependence on foreign serious investment in finding another option to Pell Grants and invest in higher education. sources of oil. In providing this tax credit, we oil. Oil will be used today, tomorrow and for Even though the cost of a four year college promote a greater sense of innovation for the probably the next 100 years but if we do not education has increased thirty-four percent future of automobiles. look towards other options, consumption and

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.101 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2587 demand will only further increase. Now is the pride in Fort Worth made him an outstanding that some individuals serving as peacekeeping time to advance our knowledge, our use and Fort Worth police officer and citizen. I am forces, or civilian contractors involved in inter- our partnership with industry of renewable proud to honor Officer Henry ‘‘Hank’’ Nava for national operations and other personnel serv- fuels. This legislation is good for farmers, the his services to Fort Worth and its citizens. He ing with international organizations have automobile industry, consumers, the environ- will not be forgotten. helped fuel the demand side of the human ment and most importantly, the goal of reduc- f trafficking cycle, particularly for sexual exploi- ing our dependence on foreign oil. I believe tation. These concerns stem in part from the BioFuels Act of 2005, the legislation I in- CELEBRATING THE LIFE OF shocking revelations of complicity by elements troduce today, achieves the goals in renew- FATHER TIMOTHY HANNON in these operations with trafficking networks able fuels we need to achieve. I ask my col- profiteering from this contemporary form of leagues to join me in moving forward with this HON. E. CLAY SHAW, JR. slavery. innovative approach. OF FLORIDA Serving in my capacity as Special Rep- f IN THE HOUSE OF REPRESENTATIVES resentative on Combating Human Trafficking for the OSCE Parliamentary Assembly, I have IN MEMORY OF FORT WORTH PO- Friday, December 16, 2005 pressed for adoption of a zero-tolerance policy LICE OFFICER HENRY ‘‘HANK’’ Mr. SHAW. Mr. Speaker, I rise today to cel- regarding trafficking in human beings by per- NAVA ebrate the extraordinary life of Father Timothy sonnel involved in peacekeeping missions, Hannon, Pastor of St. Anthony Catholic along with related education and training. HON. KAY GRANGER Church in Fort Lauderdale, Florida, who Overcoming pushback from various quar- OF TEXAS passed away on November 2, 2005. ters, I am pleased to report that agreement IN THE HOUSE OF REPRESENTATIVES Timothy Hannon was born the eldest of was reached earlier this month among the 55 Friday, December 16, 2005 eight children in County Clare, Ireland. He was OSCE countries meeting in Slovenia, including Ms. GRANGER. Mr. Speaker, I rise today to ordained into the priesthood in 1962 and numerous countries actively involved in peace- honor a courageous police officer from my dis- began his life-long dedication of service and keeping missions around the globe, to ensure trict who was slain on December 2, 2005. Fort devotion to the Catholic Church under the the highest standards of conduct and account- Worth Police Officer Henry ‘‘Hank’’ Nava died Archdiocese of Miami. ability of persons serving on peacekeeping from a gunshot wound to the head that he re- He served as Associate Pastor at St. An- forces and other international missions. Impor- ceived on November 28 while searching for a thony Parish in Fort Lauderdale, Florida from tantly, the OSCE countries have pledged to man who was wanted by police. His loving 1962 to 1964, Associate Pastor at Nativity step up efforts to prevent military and civilian family and many of his fellow officers were at Parish in Hollywood, Florida from 1964 to personnel deployed abroad from engaging in his side when he died. 1968 and as associate Pastor at St. Vincent trafficking in human beings or exploiting vic- Officer Nava was a remarkable officer of the Ferrer Parish in Delray Beach, Florida from tims of trafficking. Countries with deployed peace who was admired both by fellow offi- 1968 to 1971. He then founded St. Malachy in military and civilian personnel have also cers and citizens of Fort Worth. Tamarac, Florida in 1971 and remained there agreed to work cooperatively with authorities Officer Nava, a native of central Texas, as Pastor until 1980. in countries hosting such missions, in efforts began his career in law enforcement in 1988 He dedicated the next 25 years, where his to combat trafficking in human beings. as an Austin, Texas, park police officer. He vocation began, at St. Anthony. While many of the cases involve sexual ex- became a Fort Worth police officer in 1992 Under his leadership St. Anthony School ploitation and abuse, the OSCE countries also and in the ensuing 13 years worked tirelessly and Parish, the oldest in Broward County, recognized that cases involving forced labor to protect the citizens of Fort Worth. Officer flourished. He worked to ensure that students also need to be aggressively pursued and Nava worked for the Plano, Texas, police de- were given the best Catholic education pos- have committed to enforce relevant standards partment for a brief period in 1999 but soon sible and parishioners a welcoming place of of conduct and to ensure that any such cases returned because he missed Fort Worth. worship. He encouraged all those with whom are properly investigated and appropriately During his career, Officer Nava served as a he came into contact to grow in mind, body, punished. Fort Worth patrol officer, a neighborhood pa- and spirit. He will be remembered for his Mr. Speaker, if we are to be successful in trol officer, a school resource officer and, for gentle manner and quiet intellect. combating human trafficking, we must be the last 21⁄2 years of his career, as a member Father Hannon is survived by his four broth- proactive at home and abroad. The OSCE has of the North Division Crime Response Team. ers, Patrick, Michael, James, and Flan, and proven to be an important forum for building Officer Nava quickly earned the reputation of two sisters, Ann and Mary, all of whom live in consensus and cooperation on anti-trafficking a hard working officer who always had a smile Ireland. His brother John, also a priest, was measures throughout the expansive OSCE re- and the officer who wore the Oakley sun- killed by insurgents while serving last year in gion. Developing this consensus has required glasses. Often, after his shift ended, Officer Nigeria. both tact and tenacity. In this regard, I want to Nava would take one more call for help. He Mr. Speaker, Father Hannon served as a recognize the tireless efforts of Janice Helwig mentored young people through the Police role model, a spiritual leader, a guidance and Maureen Walsh, two outstanding profes- Department Explorer Scout program. His de- councilor, and an educator to so many in the sionals on the Helsinki Commission staff. Hav- sire to help others was exemplified when he St. Anthony family and beyond. Those that ing secured this important agreement at the and several members of the Fort Worth Police knew him were blessed by his friendship and OSCE, the Commission will continue to re- Department traveled to New Orleans to deliver his many accomplishments will have a lasting main fully engaged in monitoring its implemen- relief supplies to the victims of Hurricane impression in the community. tation. Katrina. f Mr. Speaker. I submit for the RECORD a Officer Nava was devoted to his wife, Te- copy of the Ministerial Decision, agreed to by ACCOUNTABILITY OF THOSE SERV- resa, and his children KayLeigh, 9, and Justin, the 55 OSCE participating States. 4. He was an outstanding and loving husband ING ON INTERNATIONAL FORCES DECISION NO. 16/05 ENSURING THE HIGHEST as well as a friend to Teresa. Because of his AND MISSIONS STANDARDS OF CONDUCT AND ACCOUNT- love for his wife, he always took time from his ABILITY OF PERSONS SERVING ON INTER- work to be with her whether it was on their HON. CHRISTOPHER H. SMITH NATIONAL FORCES AND MISSIONS yearly cruise or a call home. His last call to OF NEW JERSEY The Ministerial Council: Teresa came just minutes before he entered IN THE HOUSE OF REPRESENTATIVES Reaffirming the OSCE commitments to the home where he was fatally shot. His chil- combat trafficking in human beings, in par- Friday, December 16, 2005 dren were the joy of his life. He showered ticular 2000 Vienna Ministerial Council Deci- them with his love and attention, as only a Mr. SMITH of New Jersey. Mr. Speaker, as sion No. 1, 2002 Porto Ministerial Declaration proud father can do. Whether it was having Co-Chairman of the Helsinki Commission, I and Maastricht Ministerial Decision No. 2/03 fun around the family backyard pool or partici- want to inform colleagues of an important and the OSCE Action Plan to Combat Traf- breakthrough in combating human trafficking ficking in Human Beings, as well as its ad- pating in an activity, Officer Nava always dendum ‘‘Addressing the Special Needs of made certain his children had his full attention achieved at the recently concluded Ministerial Child Victims of Trafficking for Protection and that the moment was special for them. Council meeting of the Organization for Secu- and Assistance’’, Officer Nava’s commitment to law enforce- rity and Cooperation in Europe (OSCE). There Recalling the United Nations Protocol to ment, his deep love for his family and his have been growing concerns in recent years Prevent, Suppress and Punish Trafficking in

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.105 E17DEPT1 E2588 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 Persons, Especially Women and Children, exploitation and abuse, as well as cases of the China-specific safeguard, or Section 421, Supplementing the United Nations Conven- forced labour, by military and civilian to help combat China’s low-cost pipe imports tion Against Transnational Organized Crime, personne1 deployed by them who are serving which illegally flood our markets. and its comprehensive definition of traf- on peacekeeping forces or other inter- ficking in persons, national missions, to enforce relevant stand- Included by Congress as a condition of Chi- Reiterating that trafficking in human ards of conduct in this regard, and to ensure na’s accession to the WTO, Section 421 is a beings, a contemporary form of slavery, seri- that any such cases are properly inves- critical element in our trade remedy arsenal ously undermines the enjoyment of human tigated and appropriately punished; because it augments the antidumping and rights and fundamental freedoms, 4. Reaffirms the importance of imple- countervailing duty laws by providing domestic Concerned that military and civilian per- menting the Code of Conduct for OSCE Offi- producers with a way to respond to absolute sonnel serving on international peace- cials and Staff Instruction 11 addressing traf- keeping forces or other international mis- or relative increases of imports over periods of ficking in human beings and instructs the time that result in a market disruption. sions, including contractors, as well as field Secretary General, drawing on the expertise presences of international organizations in- of the OSCE Special Representative on Com- Between January 2002 and February 2005, cluding the OSCE could be a contributing bating Trafficking in Human Beings and the five Section 421 petitions were filed and initi- factor to the demand side of the trafficking Anti-Trafficking Assistance Unit, to update ated by the ITC. In three of those cases the cycle, these documents to make them in line with ITC found that imports caused market disrup- Welcoming the efforts of the United Na- this decision, and to circulate them to the tion, yet no relief was granted to the industries tions as well as other international organiza- participating States for comments and dis- tions to develop and enforce ‘‘zero-toler- and workers involved under this statute. Ear- cussion prior to issuance; lier this year, seven U.S. standard pipe steel ance’’ policies to prevent trafficking in 5. Invites the governments of the OSCE producers, two of which are in my district in human beings by both forces and other staff, Partners for Co-operation also to commit to which, combined with education and train- the same, principles as are set forth in this western Pennsylvania, filed a Section 421 ing, are required, decision and to that end tasks the OSCE Spe- trade case to seek relief from market disrup- Recalling the ongoing activities in all rel- cial Representative on Combating Traf- tions cause by a surge of Chinese pipe im- evant international organizations aimed at ficking in Human Beings and the OSCE Sec- ports. the development of common standards and retary General to share relevant information best practices to prevent and combat traf- As a result of these surging imports: domes- and materials with the OSCE Partners for ficking in human beings, tic production and shipments are down by Co-operation; Concerned about reports of misconduct by more than 25 percent; 20 percent of the do- 6. Tasks the OSCE Special Representative military and civilian personnel serving on mestic workforce has been laid off; and, from international peacekeeping forces or other on Combating Trafficking in Human Beings to share with relevant international organi- 2002 to 2004, Chinese market share in- international missions, including reports of creased from 0.4 percent to just over 10 per- engaging in trafficking in human beings as zations OSCE training materials and other defined in the United Nations Protocol to information that could assist in combating cent. In addition to standard pipe, China is Prevent, Suppress and Punish Trafficking in trafficking in human beings; now the single largest exporter of all pipe and Persons, Especially Women and Children, 7. Tasks the OSCE Secretary General to re- tube to the U.S., and millions of tons of ex- strongly condemning such acts, and noting port annually to the Permanent Council on cess steel and pipe and tube capacity in that they have a detrimental effect on the the implementation of this decision in re- China threaten to wipe out the U.S. pipe in- fulfillment of mission mandates, gard to the Code of Conduct for OSCE Offi- dustry. cials and Staff Instruction 11, in accordance Concerned also about reports of mis- There is no doubt that surging imports are conduct by military and civilian personnel with provision III 11.1 of the OSCE Action serving on international peacekeeping forces Plan to Combat Trafficking in Human rapidly displacing domestic producers from re- or other international missions including re- Beings. cent market share. Our American pipe pro- ports of sexually exploiting and abusing f ducers have clearly fallen victim to a torrent of local and refugee populations, as well as re- unfairly traded imports from China and it is our ports of cases of forced labour, strongly con- THE GLOBAL TRADING SYSTEM legal right to respond by imposing this China- demning such acts, and noting that they specific safeguard program. It is the right thing have a detrimental effect on the fulfillment to do. of mission mandates, HON. PHIL ENGLISH Emphasizing the need for more informa- OF PENNSYLVANIA I’m pleased that the ITC agreed and chose to advance the pipe and tube petition this past tion and awareness-raising concerning these IN THE HOUSE OF REPRESENTATIVES issues among personnel serving on inter- October. Now, however, we have yet another national missions, Friday, December 16, 2005 Section 421 trade case, standing before the Taking note of efforts by the United Na- Mr. ENGLISH. Mr. Speaker, as the United President, awaiting its fate. If granted quota tions aimed at ensuring that personnel serv- relief, this domestic industry will be afforded a ing on peacekeeping forces or other inter- States continues to lead the world in trade and national missions are held to the highest commerce, the rules-based system which we period to restructure and recover from the standard of conduct and accountability, helped pioneer has been steered off course by damage it has suffered as a result of the ille- 1. Calls on participating States to improve, some of our trading partners who profit from gal import surge. where necessary, measures to prevent mili- the system without submitting to its disciplines. Our standard pipe producers will be able to tary and civilian personnel deployed abroad New members in the global trading system are rehire laid off employees and finally have the to peacekeeping forces or other inter- given sufficient time to adjust to the estab- opportunity to make investments to regain national missions, as well as OSCE officials, competitiveness and continue to contribute to from engaging in trafficking in human lished rules. However, economic giants like beings or exploiting victims of trafficking. China have taken advantage of this system, to their local economies into the future. A large In this regard, the participating States will the detriment of our manufacturers and work- number of members of this body agree—62 of seek to ensure that their national laws, reg- ers. them joined me in sending a letter to the ulations, and other relevant documents can While China has benefited from our rel- President urging him to grant relief this month. be enforced with respect to their nationals atively low tariffs and high degree of trans- It is imperative the President grant the do- who are serving on peacekeeping forces or parency, it has failed to live up to the obliga- mestic standard pipe industry quota relief other international missions, with a view to tions to which it agreed in acceding to the under Section 421, and preserve the American ensuring the highest standards of conduct steel industry, an industry critical to our nation. and accountability; WTO, the global trading body tasked with set- 2. Calls on participating States with de- ting the rules. As a result, America’s manufac- In a world where we have to compete to win ployed military and civilian personnel to as- turing sector, and most recently the pipe and and win to survive, it is critical that our manu- sist, within their competence and respective tube industry, is dwindling away, struggling to facturers, workers and all of our businesses mandates, responsible authorities in the host survive in a market distorted by currency ma- compete on a level playing field. country in their efforts to combat traf- nipulation, government subsidization of indus- America’s standard pipe industry contributes ficking in human beings. Each participating try and illegal surges of cheap imports! to the making of some of the finest products State will take into account policies and This month, however, President Bush and in the world. Providing these firms quota relief consequences regarding trafficking in human beings when instructing its military and ci- the administration have an opportunity to send under Section 421, will level the playing field vilian personnel to be deployed abroad; a powerful message by standing up and pro- for these domestic manufacturers and allow 3. Calls on participating States to take ap- tecting America’s domestic pipe and tube in- them to thrive in the international trading sys- propriate action necessary to prevent sexual dustry by implementing quota relief as part of tem of today.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.110 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2589 TRIBUTE TO MR. NICK GEORGE You see, Mr. Speaker, like many of my col- and to assume responsibility for governance, BRONZAN leagues, I want to see peace between the in the hope that this process will lead to Israelis and the Palestinians. I want a free and their moderation. ) democratic Palestinian state to stand side by In an ideal world, Abbas would decide to HON. JIM COSTA round up Palestinian terrorists, place a call OF CALIFORNIA side with the free and democratic Israeli state. to his Interior Minister, then sit back to IN THE HOUSE OF REPRESENTATIVES And most importantly, I want both states and watch the thugs put in prison or die in at- their peoples to be safe and secure. tempting to evade arrest. But we do not live Friday, December 16, 2005 For the first time, the Palestinians are en- in an ideal world. While Abbas deplores ter- Mr. COSTA. Mr. Speaker, I rise today to gaging in a truly democratic process. I would rorism, he wants to avoid a Palestinian civil honor the memory of Mr. Nick George defer to Palestinian Authority President war. And even if he was willing to launch Bronzan of Fresno, California. He is survived Mahmoud Abbas and the Palestinian people one, with Abbas already struggling to con- by his wife, Peggy, two daughters, Mary and on how to do this. Mr. Speaker, I have to be trol events on the ground, it’s doubtful that the troops at his disposal would win. Ann, and son Bruce. honest with you, I do not want foreign leaders Further, if defeating Palestinian terrorists Mr. Bronzan lived a life of honor, compas- telling the United States how to conduct our with force alone was so easy, Israel would sion and sincere loyalty to those he cared for elections and I think we owe President Abbas have done it long ago. Israel’s military and to the causes for which he fought. and the Palestinian people the same courtesy. might has been vigorously applied to the oc- Born in Stockton, California, Nick spent his In fact, this is one of the rare occasions that cupied territories for nearly 40 years. It’s childhood in Manteca. Upon graduation from I actually agree with the Bush Administration. chalked up some impressive tactical vic- high school, he attended California State Uni- On September 20th, Secretary of State tories. But it has not succeeded in drying out versity, Fresno and was a Bulldog academi- Condoleezza Rice said in response to a ques- the swamp of terror. Hamas and its fellow cally and competitively as the captain of the travelers are still around, which is why tion regarding Hamas being a part of the elec- Sharon is busy encouraging Abbas to fight Fresno State football team. Colleagues recall tion, ‘‘. . . we understand that the Palestinian them. him as being a real leader and remember him political system is in transition, that it is in Abbas deserves a chance to see if his way being more interested in the condition and transition toward a democratic system, and will work better, with the caveat that he lives of the players than in winning the game. that has to be a Palestinian process.’’ Sec- must be prepared after the Palestinian legis- After graduating from Fresno State in 1939, retary Rice went on to say, ‘‘This is going to lative elections to forcefully confront those Mr. Bronzan spent five years as the Kerman be a Palestinian process and I think we have individuals who continue to engage in terror. High School coach in various sports and to give the Palestinians some room for the It is in Israel’s interest to see that Abbas is teaching mathematics. He worked for 4 years evolution of their political system.’’ fortified with development aid and encour- in the Fresno Young Men’s Christian Associa- aged to carry out internal reforms, as well as We need to vest Hamas in the democratic to ensure that the Palestinian security tion before becoming the executive secretary process. forces loyal to him are strengthened in order of the YMCA in Southern California. Finally I want to be clear, Mr. Speaker, terrorism is for him to be able to carry out this task. settling in Fresno, Mr. Bronzan took a job as wrong and it should not be tolerated. It is also in Israel’s interest to ensure that the executive director of the Central Valley However, if Hamas is brought into the proc- these upcoming elections go as smoothly as YMCA in 1968. ess and given the opportunity to run for polit- possible. With its departure from Gaza, Mr. Bronzan was a longtime advocate for ical office and become part of the political es- Israel will not be able to impede the contests youth, seniors, and foster children. He fought tablishment, they will assume responsibility for in that region. But it could decide—as Shar- for the rights of those who could not fight for on has said—to make it impossible for Pales- governance—leading to moderation. tinian voters in East Jerusalem to cast bal- themselves. Not only did he work for the foster I would submit for the RECORD a statement lots or for candidates, campaign workers, grandparents program but also served as its by Debra DeLee, President and CEO of Amer- and voters to move from town to town in the director. Mr. Bronzan volunteered alongside icans for Peace Now. Ms. DeLee nicely lays West Bank. If such Israeli impediments are others older than 60 to work with children out the position that Palestinian Authority put in place, they would delegitimize any lacking parents and families. He was a mem- President Abbas is in and why it is important victory that secular nationalist candidates ber of the Fresno Rotary Club and was elect- for the elections to go forward in a way that might achieve over Hamas candidates, there- ed chairman of the Fresno-Madera Counties is inclusive in order to moderate those who by strengthening the hand of the very terror- Service Area Task Force. His contributions ists that Israel seeks to weaken. They would traditionally turned to terrorism. also shatter the calm that allowed Israel to helped develop the Area Agency on Aging for Mr. Speaker, I find myself in the interesting withdraw quietly from Gaza. those two counties and in 1984 he was re- position of voting against this resolution and If the Bush Administration has been less appointed to the California Commission on agreeing with Secretary Rice: the United than enthusiastic about Sharon’s views of Aging and Long-Term Care. States must let the Palestinians find their way the Palestinian elections, it’s because the Mr. Bronzan served his community in more to a democratic state. White House has been pursuing the ways than one. Although his passing brings Sharonization of militants operating in THE SHARONIZATION OF HAMAS sadness to his family, Nick Bronzan’s memory areas under American control. Kurdish and (By Debra DeLee) will forever live on in the lives of the many Shiite militias have not been forced to dis- people he touched. Israeli Prime Minister Ariel Sharon’s re- band in Iraq, yet that hasn’t stopped rep- cent statement that he would withhold resentatives of those groups from running in f Israeli cooperation from Palestinian legisla- elections and winning top positions in the PROVIDING THAT HAMAS AND tive elections in January if Hamas can- current government. If the U.S. demanded that the armed supporters of these can- OTHER TERRORIST ORGANIZA- didates take part flies in the face of his own experience with the moderating influence didates lay down their weapons before their TIONS SHOULD NOT PARTICI- that holding public responsibility can have leaders could assume power, it must have PATE IN ELECTIONS HELD BY on extremist views. In explaining his 180 de- done so in a whisper. PALESTINIAN AUTHORITY gree turn from being a strong advocate of Hamas candidates did well in two earlier Israeli settlements in Gaza to the driving rounds of municipal elections. Lo and be- SPEECH OF force behind their evacuation, Sharon has re- hold, they have found it necessary to work peatedly observed that, ‘‘what you see from with Israelis at the local level in order to HON. JOHN D. DINGELL here [in the Prime Minister’s Office], you deal with mundane issues like sewage and OF MICHIGAN don’t see from there.’’ In other words, it was water. And their Israeli counterparts have IN THE HOUSE OF REPRESENTATIVES not until he obtained a position of ultimate been willing to talk to them. This kind of responsibility for Israel that Sharon began practical contact is a long way from having Wednesday, December 14, 2005 to recognize the burden that the Gaza settle- terrorists beat their spears into pruning Mr. DINGELL. Mr. Speaker, I rise in opposi- ments imposed on the state. hooks, but perhaps it points to a way for- tion to H. Res. 575, expressing the sense of There is no equivalence between the hor- ward. Congress that Hamas should not participate in rific terrorist acts that Hamas has inflicted The Bush Administration should encourage elections held by the Palestinian Authority. on Israelis and Sharon’s passion for settle- Sharon to let Abbas see if he can duplicate ment expansion. this process at the national level of Pales- Now, many of my colleagues might suggest Yet it’s clear that Palestinian President tinian politics. If It succeeds, Israel will be that my opposition to this non-binding resolu- Mahmoud Abbas is trying to rein in his more secure, and Palestinian society will be tion means that I stand with the terrorists. I Islamist opposition through the process of more stable. If it fails, Israel will still have would argue that it means exactly the oppo- Sharonization (i.e., co-opting the militants ample military strength upon which it can site. by encouraging them to run for public office rely.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.114 E17DEPT1 E2590 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 CONGRATULATING BORDER PA- be no higher than the rates charged by each but vacated, FCC Order and with rate integra- TROL AGENT THOMAS H. such provider to its subscribers in urban tion requirements applied to other more tradi- NUETZEL ON RECEIVING THE areas.’’ tional telecommunication technology. 2005 TOP HUMANITARIAN AWARD Pursuant to Section 254(g), the FCC pro- I look forward to addressing the issue of FROM THE U.S. BUREAU OF CUS- mulgated a regulation (FCC Order 98–347) to rate integration for wireless services as part of TOMS AND BORDER PROTECTION cover Commercial Mobile Radio Services the legislative effort to reauthorize the Tele- (CMRS) as an interexchange service. CMRS communications Act of 1996. HON. ED CASE includes Personal Communications Service OF HAWAII (PCS) and cellular services. In defense of their f Order, the FCC noted that ‘‘if Congress had IN THE HOUSE OF REPRESENTATIVES intended to exempt CMRS providers, it pre- EXTENDING CONGRATULATIONS Friday, December 16, 2005 sumably would have done so expressly as it TO MR. WILLIAM B. BLACK Mr. CASE. Mr. Speaker, as we continue our had done in other sections of the [1996 Tele- commitment to securing our nation’s borders, communications] Act.’’ HON. C.A. DUTCH RUPPERSBERGER I would like to extend a heartfelt congratula- Subsequent to its issuance, the United OF MARYLAND tions to one of our outstanding border patrol States Court of Appeals for the District of Co- agents, a former resident of Kailua, Hawaii lumbia Circuit vacated FCC Order 98–347, by IN THE HOUSE OF REPRESENTATIVES and a real ‘‘local boy’’: Thomas H. Nuetzel. ruling that interexchange telecommunication Friday, December 16, 2005 Today, at the 2005 Commissioner’s Annual services do not encompass CMRS. In its rul- Awards Ceremony, Tom will receive the U.S. ing, the Court cited the phrase ‘‘interexchange Mr. RUPPERSBERGER. Mr. Speaker, I rise Bureau of Customs and Border Protection’s telecommunications service’’ contained in Sec- before you today to extend congratulations to Top Humanitarian Award in recognition of his tion 254(g). Since wireless telecommuni- a government employee who has shown out- bravery and service. Tom is currently assigned cations do not use exchanges, the Court held standing dedication through his services to the to the Office of Field Operations at the Doug- that ‘‘it is by no means obvious that the Con- Department of Defense. las Port of Entry in Arizona. gress, when it used a phrase in which the Deputy Director, Mr. William B. Black has In July, while on the way home from dinner, word ‘interexchange’ is an essential term, was serviced the Department of Defense for over Tom, his wife Dawn, and their two children ob- referring to CMRS.’’ forty-five years. He is the recipient of the De- served a rollover vehicle accident. The couple It is unclear from the language of the statute partment of Defense Distinguished Civilian stopped to assist the two adults and two whether section 254 applies to wireless serv- Service Award, which is the highest honor a young children trapped in the vehicle. The ices. Section 254 does not include specific civilian can receive by the Secretary of De- driver told Tom that there were several full gas language regarding its applicability to wireless fense. The award is given to an individual cans in the trunk of the overturned vehicle. services, not does it specifically exclude such whose career reflects exceptional devotion to The heavy rainfall, flooding, and severe light- services. Moreover, the legislative history of duty, as well as, significant contributions to the ening magnified a critical situation. Section 254(g) is not instructive as to Con- efficiency, economy, or other improvements in Tom and Dawn immediately called Emer- gress’ intent regarding the applicability of the the Department of Defense operations. gency Medical Services. Then, standing in rate integration requirement to wireless serv- Mr. Black aided in the success of intel- knee-deep water, Dawn kept the passengers ices. ligence production and cyber operations for calm as Tom extracted each family member Clearly, ambiguity in the law exists. As a re- assignments in Balkans, Afghanistan, Iraq, through a broken window. The passengers sult, cellular customers are subject to varying and the War on Terror. His determination and awaited the arrival of EMS in Tom and Dawn’s rates for calls made within the United States. ambition has also abetted the National Secu- car. All victims of the rollover accident are This is particularly evident with respect to rity Agency’s mounting field of information op- doing well, thanks to the selflessness of Tom rates assessed to calls made to Guam and erations as a result of his role as the Special and Dawn Nuetzel. the other U.S. territories under service plans Assistant to the Director for Information War- Again, I extend a sincere mahalo (thank offered to cellular customers within the 48 fare. you) to Tom and Dawn for their act of courage contiguous states of the United States. Again, The National Security Agency was able to and compassion. I would also like to thank all the Telecommunications Act of 1996 requires participate resolutely in the War on Terror be- our border patrol agents that work daily to rate integration for noncellular, landline com- cause Mr. Black led signals intelligence and keep our nation safe and secure. munication services. The legislation introduced information assurance missions into the digital Mahalo, and aloha! today would simply extend this same require- network era. f ment to wireless communications. Mr. Speaker, I ask that you join with me Rate integration for wireless interstate toll today to recognize Mr. William B. Black for his REQUIRING RATE INTEGRATION charges is important to businesses and indi- service to this country. The exceptional work FOR WIRELESS COMMUNICATIONS viduals located on the U.S. mainland who en- he has done for the Department of Defense gage in regular and reoccurring voice commu- warrants great recognition. Dedication to this HON. MADELEINE Z. BORDALLO nication with other businesses and contacts lo- country and to the betterment of our intel- OF GUAM cated in the offshore territories. Family mem- ligence operations is a vital part of our suc- IN THE HOUSE OF REPRESENTATIVES bers and friends are among the customers cess as a powerful nation and should be ob- who are assessed higher and different rates served and commended more frequently. Friday, December 16, 2005 for cellular calls made to Guam or the other Ms. BORDALLO. Mr. Speaker, I rise today territories. These differences in wireless rates f to introduce legislation that will require rate in- exist despite the fact that the U.S. territories tegration for wireless interstate toll charges. are included in the North American Numbering TO PROVIDE CERTAIN AUTHORI- Specifically, this legislation would amend Sec- Plan, the numbering plan for the Public TIES FOR THE DEPARTMENT OF tion 254(g) of the Communications Act of Switched Telephone Network of the United STATE 1934, as amended by the Telecommunications States. Act of 1996, to provide for rate integration of This legislation would bring the uniformity SPEECH OF wireless long distance service within the and fairness in rates desired by those in United States, including the territories. With Guam wishing to keep in closer contact with HON. CHRISTOPHER H. SMITH this legislation I intend to require uniformity in relatives, friends, and associates who reside in OF NEW JERSEY rates charged by cellular phone and other other parts of the United States through the IN THE HOUSE OF REPRESENTATIVES wireless service providers for calls and com- latest technology. Additionally, as technology Wednesday, December 14, 2005 munications to and from Guam within the in telecommunication advances, laws should United States. be updated and developed to keep pace. This Mr. SMITH of New Jersey. Mr. Speaker, I Section 254(g) directs the Federal Commu- legislation would update existing law to take am attaching an exchange of letters between nications Commission (FCC) ‘‘to adopt rules to into account advances in and the popularity of Chairman HYDE and Chairman DAVIS con- require that the rates charged by providers of wireless telecommunications since enactment cerning the bill H.R. 4436, ‘‘To provide certain interexchange telecommunication services to of the 1996 Act. The legislation would do so authorities for the Department of State, and for subscribers in rural and high cost areas shall in a manner consistent with both a previous, other purposes’’ for printing in the RECORD.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.118 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2591 HOUSE OF REPRESENTATIVES, tions to the agricultural industry for his years Readiness for Accession to the European COMMITTEE ON INTERNATIONAL of service as President of the California Farm Union.’’ Final approval on the report was RELATIONS, Bureau Federation. adopted by the Parliament on December 15. Washington, DC, December 14, 2005. Although Mr. Pauli is retiring, his dedication Amid credible allegations of corruption in the Hon. TOM DAVIS, Chairman, House Committee on Government Re- and commitment to enhancing the quality of adoption system in Romania, the European form, Washington, DC. agriculture in the State of California will always Union had put intense pressure on Romania DEAR MR. CHAIRMAN: I am writing to you remain sincerely appreciated. four years ago to impose a moratorium on concerning the bill, H.R. 4436, to provide cer- Mr. Pauli’s passion for agriculture led him to international adoptions. In June 2004, Roma- tain authorities for the Department of State. pursue a Bachelor of Science Degree in agri- nian Law 273/2004 enacted a permanent ban There are certain provisions in the bill which cultural economics and business from the Uni- on international adoptions and, in practice, the fall within the shared Rule X jurisdiction of versity of Nevada, Reno. He emerged through law was being applied retroactively to cases your Committee. Specifically, I refer to the language in section 4 of the bill relating to the industry as a product of some of Califor- that were registered before the ban came into increased limits applicable to post differen- nia’s most celebrated wine grapes and Bartlett effect on January first of this year. There were tials; section 6 of the bill which extends the pears in his home town of Potter Valley. Mr. approximately 1,500 cases pending in which authorization of personal services con- Pauli’s endeavors also led to the establish- the children had been matched with parents in tracting authority that waives civil service ment of the award-winning Braren-Pauli and Western Europe, and 211 cases had been laws and danger pay allowances; and section Redwood Valley Cellars. matched with adoptive parents in the United 7 relating to official residence expenses. Colleagues, friends, and family alike hail Mr. States. Based on discussions between the two com- Pauli as someone who has exemplified gen- As a party to the Hague convention on mittees, I will change the language in this bill as called up to include a modification in uine concern and dedication to the progres- Intercountry Adoption, Romania has agreed to section 4 (e) relating to reporting require- sion of American farmers. Mr. Pauli’s advo- certain international standards and Principles. ments to include your Committee and to cacy for agricultural issues dates back to the In fact, intercountry adoption is a recognized sunset the authorization in section 6. Sec- 1970s. He stood before the United States as a legitimate option for children who have tion 7 will remain as in the introduced bill. Congress to address farm concerns and not found permanent placement in their coun- In the interest of permitting this Com- served as a member of agricultural organiza- try of origin. The amendment adopted by the mittee to proceed expeditiously to the floor tions such as the State Compensation Insur- European Parliament is consistent with this consideration of this bill, I request your Committee to waive further consideration of ance Board, North Coast Grape Growers As- principle and urges settlement of the pending this matter. I understand that such a waiver sociation and Tri Valley Growers Cooperative. cases ‘‘with the goal of allowing inter-country only applies to this language in this bill, and Serving as the President of the state’s most adoptions to take place, where justified and not to the underlying subject matter. I will active and esteemed agricultural organization, approptate, in those special cases.’’ I applaud urge the Speaker to name Members of your Mr. Pauli established many enduring programs the European Parliament in offering this assur- Committee to any conference committee that have revamped the image of the Bureau. ance Ithat they will not stand in the way of which is named to consider this bill. Among them are The Farm Bureau Leader- these adoptions. I appreciate your willingness to allow us to ship program which has brought vibrancy to I am hopeful, Mr. Speaker, that this action proceed. I will insert this exchange of letters into the CONGRESSIONAL RECORD the organization. In addition, Ag in the Class- by the European Parliament will embolden au- Sincerely, room is highly esteemed as an educational thorities in Romania to look again at the cases HENRY J. HYDE, tool, and The Plan to Protect California’s Fam- which have been pending. Given this reassur- Chairman. ily Farms has added to the Bureau’s dedica- ance that resolving the pipeline cases will not HOUSE OF REPRESENTATIVES, tion to preserve the efforts of California farm- jeopardize their efforts toward accession, I COMMITTEE ON GOVERNMENT REFORM, ers to provide the highest quality products. would hope that the authorities would consider Washington, DC, December 14, 2005. In addition to his extensive profile of agricul- the cases only with the best interests of the Hon. HENRY J. HYDE, tural issues, Mr. Pauli has been an out- children in mind. They have heard the Euro- Chairman, House Committee on International Relations, Washington, DC. standing member of his commnity. He donates pean Parliament speak with one voice in favor DEAR MR. CHAIRMAN: Thank you for your much of his time to protecting and ensuring of adoptions for these pipeline cases. letter concerning the bill H.R. 4436 to pro- the welfare of the residents of Potter Valley Mr. Speaker, for these children who had al- vide certain authorities for the Department and serves as a volunteer chief of the Potter ready had a loving adoptive family identified, I of State. I concur in your judgment that cer- Valley Fire Department. encourage the Romanians to examine these tain provisions which you mentioned fall When asked what he would miss the most cases with alacrity and transparency. Such a within the jurisdiction of your Committee. Based on conversations between the two upon leaving his post, Mr. Pauli answered, priority could mean this Christmas would be committees and your agreement to make ‘‘The people, the opportunity to see the peo- filled with renewed hope for hundreds of chil- certain changes in the language which will ple, to see their farms and ranches.’’ It is dren and the prospects of a permanent home be considered under suspension of the rules, through the efforts of people like Bill Pauli that in the New Year. I am willing to waive this committee’s right California is the breadbasket of the world. It is f to consider the bill. In so doing, I do not with a great pride and gratitude that I rise to waive its jurisdiction over the subject mat- thank and honor Mr. Pauli for his thirty-five HONORING THE 75TH ANNIVER- ter of the bill. I appreciate your commit- years of commitment and loyalty to the citi- SARY OF BRIGHT TEMPLE ment to urge the Speaker to name Members CHURCH OF GOD IN CHRIST of this Committee to any conference com- zens of California. mittee which is named to consider this bill f HON. BART GORDON and to insert this exchange of letters into EUROPEAN PARLIAMENT RE- the CONGRESSIONAL RECORD. OF TENNESSEE STORES SUPPORT FOR INTER- I appreciate your cooperation in this mat- IN THE HOUSE OF REPRESENTATIVES ter. COUNTRY ADOPTION Sincerely, Friday, December 16, 2005 TOM DAVIS, Mr. GORDON. Mr. Spaker, I rise today to Chairman. HON. CHRISTOPHER H. SMITH OF NEW JERSEY recognize the 75th year of existence of the f IN THE HOUSE OF REPRESENTATIVES Bright Temple Church of God in Christ in Shelbyville, Tennessee. This fine church in HONORING MR. BILL PAULI ON Friday, December 16, 2005 THE OCCASION OF HIS RETIRE- Bedford County has experienced many MENT FROM THE CALIFORNIA Mr. SMITH of New Jersey. Mr. Speaker, I changes since it first opened its doors in 1930, FARM BUREAU FEDERATION am pleased that yesterday our colleagues in but the congregation’s spirit of compassion the European Parliament voted unanimously in and fellowship remains the same. favor of an important measure urging the Ro- In the midst of the Great bepression, Clar- HON. JIM COSTA manian Government to settle the cases of ap- ence Garfield Bright founded The Church of OF CALIFORNIA plications for international adoption which have God in Christ. Eventually, the name was IN THE HOUSE OF REPRESENTATIVES been in limbo since the Romanians imposed a changed in his honor to Bright Temple Church Friday, December 16, 2005 moratorium in June 2001. The amendment of God in Christ. In the 1950s, the church be- Mr. COSTA. Mr. Speaker, I rise today to was successfully offered to the European Par- came home to revivals that attracted evangel- honor Mr. Bill Pauli for his efforts and contribu- liament ‘‘Report on the Extent of Romania’s ists from across the nation. And in 1964, the

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.123 E17DEPT1 E2592 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 church began to hold a prayer service at noon conscience locked in Castro’s toalitarian rose to prominence in the era of segregation Monday through Friday, a tradition that con- gulag. and remained segregated until 1954, when the tinues today. f District of Columbia was one of the six Brown The church has grown as Bedford County v. Board of Education jurisdictions that suc- has grown in recent years. Under the leader- TRIBUTE TO MR. VEE-JAY BRANN cessfully challenged segregated schools in the ship of the church’s current pastor, Larry United States. Dunbar’s excellence was so James Crismon, Sr., Bright Temple has ex- HON. JIM COSTA recognized and well known nationally that the panded its facilities and opened a community OF CALIFORNIA best colleges and universities annually visited social service facility. IN THE HOUSE OF REPRESENTATIVES Dunbar to recruit students. An unusually large Shelbyville is a better place because of the Friday, December 16, 2005 number of this country’s most distinguished work of the Bright Temple Church of God in African Americans graduated from Dunbar. Christ and its congregation. I congratulate Mr. COSTA. Mr. Speaker, I rise today to Among them are Edward Brooke, the first Pastor Crismon and the congregation for all congratulate Mr. Vee-Jay Brann of Hanford, black Senator, Robert C. Weaver, the first the good work they have done, and I wish California, on the occasion of his retirement as black Cabinet member, Benjamin O. Davis, them all the best in the next 75 years. the Kings County Director of Finance. the first black general, Wesley Brown, the first f With over 30 years of dedicated service to black graduate of the Naval Academy, Charles Kings County, Mr. Brann has demonstrated R. Drew, the discoverer of blood plasma and FREEDOM FOR RICARDO quality leadership alongside committed service Mary Jane Patterson, the first African Amer- GONZALEZ ALFONSO to the residents of his community and the peo- ican to achieve a college degree. ple of California. The 50th anniversary of the class of 1955 is HON. LINCOLN DIAZ-BALART Named after the day on which he was born, another occasion for pride in our class and in OF FLORIDA VJ Day, Vee-Jay grew up in the small Wis- our alma mater. Pride and gratitude as grad- IN THE HOUSE OF REPRESENTATIVES consin town of Algoma. Upon graduation from uates of Dunbar High School, which prepared Wisconsin State University Oshkosh with a Friday, December 16, 2005 us so well for life and career. Pride in grad- bachelor’s degree in Business Administration uating from the first public high school in the Mr. LINCOLN DIAZ-BALART of Florida. Mr. in 1968, Mr. Brann entered the United States United States for African Americans. Pride in Speaker, once again I rise today to speak Air Force. Dunbar’s storied history of educating so many about Ricardo Gonzalez Alfonso, a political The great lure of the San Joaquin Valley African Americans who have made notable prisoner in totalitarian Cuba. drew Mr. Brann and he settled in Hanford. Mr. contributions to society. Pride that our alma Mr. Gonzalez is the president of the Manuel Brann continued his career as a Job Training mater encourages today’s students to strive Marquez Sterling Journalists Society and an Specialist until he became the Assistant for the same excellence Dunbar encouraged independent reporter in totalitarian Cuba. Mr. Treasurer/Tax Collector for Kings County. in our class. And pride that we can celebrate Gonzalez works and writes to inform the world Working diligently to create a welcoming at- magnificent, irreplaceable, and lasting memo- about the gross human rights abuses that mosphere for his superior, he as appointed to ries of the fun and fellowship we shared to- occur every day under the repressive regime fill the post of Treasurer/Tax Collector upon gether. of the Cuban dictator. her retirement in 1985. That same year, Mr. For all these reasons and more, I take spe- Unfortunately, writing and reporting the truth Brann was pleasantly surprised with the birth cial pleasure in congratulating our class, Dun- is not allowed under Castro’s tyrannical dicta- of his son David. In May 2004, Mr. Brann re- bar High School Class of 1955, on our 50th torship. All attempts to portray the absolute signed his position as Treasurer/Tax Collector anniversary. I ask the House to join me in lack of freedom in totalitarian Cuba are vi- to become Kings County’s first Director of Fi- congratulating the Class of 1955 and in recog- ciously condemned and their authors are im- nance. nizing the historic achievements on Dunbar prisoned or exiled. Mr. Gonzalez has been Mr. Brann has served on many professional High School itself. harassed by Castro’s thugs since 1997, and and social committees and boards. However f on March 18, 2003, he was arrested for his in- he is most proud of serving as president of the sistence on publishing the truth about Castro’s California Association of Treasurer/Tax Collec- ON RECENT COMMENTS OF THE totalitarian Cuba. tors and being the president of the Hanford IRANIAN PRESIDENT, MAHMOUD Mr. Speaker, Mr. Gonzalez was 53 years Rotary Club. AHMADINEJAD old when he was condemned to 20 years in With all of his accomplishments, Mr. Brann’s Castro’s gulag. The conditions in the Cuban greatest pride continues to be his loving wife HON. JAMES A. LEACH totalitarian gulag are so atrocious as to almost and son, his loyal and dedicated staff and his OF IOWA guarantee that Mr. Gonzalez will not walk out many friends and acquaintances. IN THE HOUSE OF REPRESENTATIVES if he were to have to serve the entirety of his While Mr. Brann looks forward to traveling, Friday, December 16, 2005 sham sentence. Let me be very clear, Mr. reading or trying his hand at gourmet cooking, Gonzalez has been sentenced to die in the the residents of Hanford will always remember Mr. LEACH. Mr. Speaker, every society has gulag by the Cuban tyrant for writing the truth the charismatic Vee-Jay Brann who served the a historian who suggests that failure to study about Castro’s brutal, repressive and dis- community to the best of his ability. history is an invitation to repeat its mistakes. gusting regime. f With his recent utterances, the newly elected Mr. Gonzalez’s wife is calling for the govern- president of Iran, Mahmoud Ahmadinejad, ments of free nations, NGOs, and all those HONORING DUNBAR HIGH SCHOOL, may be presenting the world with a more dan- that cherish human rights to demand the re- WASHINGTON, DC, AND THE DUN- gerous conundrum. He has apparently looked lease of her husband. I applaud her bravery BAR HIGH SCHOOL CLASS OF 1955 at history and denied it, which requires each and patriotism and join her cause. It is cat- of us to come to grips with preposterousness egorically unacceptable that men and women HON. ELEANOR HOLMES NORTON as an international reality. To refuse to study who demand freedom from tyranny are locked OF THE DISTRICT OF COLUMBIA history may invite repetition; but to deny it, in the dungeons of monsters. The willful igno- IN THE HOUSE OF REPRESENTATIVES particularly when it involves the greatest crime rance of Cuba’s suffering under the Castro re- in human history, is an assault on civilized val- gime by much of the world’s press, and most Friday, December 16, 2005 ues and portends an attack on civilization of the international community, amounts to Ms. NORTON. Mr. Speaker, I rise to ask the itself. aiding and abetting the Cuban dictatorship. Let House to honor Dunbar High School, a leg- Last week, President Ahmadinejad sug- us never forget and always support, those endary high school whose importance in gested that the murder of six million European who are struggling to liberate their people from American history is well known. I had the good Jews by the Nazis did not occur and called for the grip of tyranny. fortune to graduate from Dunbar High School Israel to be ‘‘wiped off the map.’’ This week, Mr. Speaker, we must cry out for the re- 50 years ago and my class has asked that I after time to reconsider, he made it perfectly lease of all those who languish in dungeons bring Dunbar’s proud history to the attention of clear that he did not flippantly, accidentally or because they believe in human rights and the House on the occasion of the 50th anni- remorsefully express a misunderstanding. He freedom. My Colleagues, we must demand the versary of the Class of 1955. again publicly denied the Holocaust, calling it immediate and unconditional release of Ri- Dunbar High School was America’s first a ‘‘myth’’ designed to be ‘‘above God, religion cardo Gonzalez Alfonso and every prisoner of public high school for African Americans and and the prophets.’’

VerDate Aug 31 2005 05:56 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.128 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2593 Condemning such vitriol is important, but in- dependency and the potential of violence by singing ‘‘Tiny Bubbles’’ as well as his other sufficient. Anti-semitism demands rebuttal; but characterized inter-faith power relationships. favorite songs. He casts a spell on audiences the stakes here are not just one man’s preju- Security was always in doubt. through his blend of trademark humor, charm dice. At issue is the legitimacy and viability of In this historical context, the case for a Jew- and vocal talents. He continues to mesmerize the Israeli state. The United States in this cir- ish state is profound. The only thing that audiences today. cumstance has no moral option except to comes from statements like those of President Don Ho’s magical persona captures audi- make unequivocally clear that Israel’s survival Ahmadinejad is less respect for Iranian leader- ences’ enthusiasm with each performance is a bedrock American commitment. ship, more distrust between peoples, and through laughter and song. He is charismatic There can and should be a role and place abundant concerns that violence will accel- and personable, and he converses with every- for a Palestinian state in the Middle East. But erate. one like there’s no one else in the room. He there never should be a question about the le- History is an accumulated product to which is a beloved son of Hawaii, and I look forward gitimacy of Israel. Peaceful coexistence is im- each generation adds. If any generation allows to his next performance at the Waikiki Beach- possible if irrational aspirations such as those acts of hatred to become the dominant theme comber. Much love and aloha to Don and his flaunted by President Ahmadinejad are per- of interpersonal relations, it is harder for the family. ceived as realistic options. next to break out of an angry memory cycle. f It is false and counter-productive to think Thus the challenge in the Middle East today is that Jewish-Muslim history begins after the to give harmony a chance, recognizing that A TRIBUTE TO JOHN KELLY Holocaust or that the rationale for a Jewish current Jewish-Muslim tension is an aberra- state comes exclusively from the Shoah. While tion. Peace is the historical norm. HON. TOM LANTOS the holocaust stamps a moral imprimatur on Because the past is often more controver- OF CALIFORNIA modern Israel, the cause of Israel’s statehood sial and volatile than current events, it is es- IN THE HOUSE OF REPRESENTATIVES predates the world’s most capricious act of in- sential that we study history both from our Saturday, December 17, 2005 humanity. own perspective and that of others. Denial is The conflict that has emerged around the not simply obtuse; it is hate inspiring. Iran and Mr. LANTOS. Mr. Speaker, I rise today to establishment of an Israeli state involves a the world, deserve better. pay tribute to John Kelly, a constituent of mine multicentury exodus of a people from their f from Burlingame, California, who has been homeland. But while the Bible is punctuated working to make our community a better place with wars and traumas, it is impressive how H. RES. 597, RECOGNIZING AND since the 1970’s. Mr. Kelly has recently been doing most of the last several millennia, Jews CONGRATULATING DON HO ON awarded the Thomas Jefferson Award for his and Muslims have faced less hostility than HIS CAREER IN MUSIC work as the former executive director of Sa- Jews living in predominantly Christian coun- maritan House and as a volunteer at San tries. HON. NEIL ABERCROMBIE Quentin State Prison. Since biblical times, Jewish communities OF HAWAII Mr. Kelly has lived and worked around the have thrived without interruption in Arab lands, IN THE HOUSE OF REPRESENTATIVES Bay Area for most of his life. He began his in Persia and in historical Palestine. When community involvement as a Catholic priest, Islam arrived in the Middle East in 633 A.D., Friday, December 16, 2005 but left to become a teacher at Serra and intermarriage and even conversion were not Mr. ABERCROMBIE. Mr. Speaker, Menlo Atherton high schools for 18 years. In uncommon. In fact, throughout the Middle Whereas Don Ho is one of Hawaii’s and the 1985, he was hired by the county of San East Jews experienced less Persecution and world’s best known and most beloved musical Mateo to merge Samaritan House, then a re- discrimination than they did in Europe. In Pal- performers; ferral service in San Mateo for low income estine, for instance, Muslims repeatedly pro- Whereas Don Ho has entertained and residents, with a nonprofit meal program. tected their Jewish neighbors from European shared Hawaii’s Aloha Spirit with millions of Mr. Speaker, under John’s stewardship, Sa- crusaders; in one instance at least, Jews visitors to the State and others around the maritan House expanded to serve throughout fought alongside Muslims to prevent crusaders world; San Mateo County, with a 90-bed shelter, a from landing in Haifa; and Saladin, after re- Whereas, after being discharged from the medical clinic, and provides food, clothing and conquering Jerusalem from the crusaders, in- United States Air Force, Don Ho received his counseling. Mainly through donations, Samari- vited Jews back into the city. start in show business at Honey’s cocktail tan House provides assistance to approxi- The Jews in Spain under Moorish rule flour- lounge in Kaneohe, Hawaii; mately 12,000 residents. ished and experienced a renaissance mir- Whereas in 1962, Don Ho began performing In 1991, Mr. Kelly began a program for in- roring that of the great Islamic civilization and at Duke’s in Waikiki, which became his home mates at San Quentin State Prison called culture at the time. As Christianity spread from venue; Kairos, a three-day workshop with spiritual the north of Spain, Jews were again protected Whereas Don Ho has for years been talks, singing and discussions. He visits the by Muslim rulers until the fall of Granada—the backed by the five Aliis playing piano, drums, prison weekly, attending mass and leading last Moorish kingdom to pass into Christian guitars, xylophone, and other instruments; spiritual discussions with the hope of trying to hands—when both Jews and Muslims were Whereas Don Ho’s fame and popularity has change even the hardest of criminals. He has expelled at the end of the 15th century. Most earned him triumphant engagements at the done just that with many prisoners, some who of the Jews from the Iberian peninsula settled Cocoanut Grove in Hollywood, the Sands in have gotten out of prison have gone to school in North Africa and the lands under Ottoman Las Vegas, Harrah’s at Lake Tahoe, the Palm- in an effort to make John proud. rule and continued their largely peaceful co- er House in Chicago, the Americana Hotel’s Mr. Speaker, John Kelly is one of those existence with Muslims in those countries. Royal Box in New York; unique people who work tirelessly to make What should he taken from this history is Whereas, Don Ho has made guest tele- their community’s better. I wish there were not that there is no case for an Israeli state in vision guest appearances with Johnny Carson, more John Kelly’s in the world, and I am just the Holy Land, but that individuals of the Jew- Joey Bishop and Art Linkletter so pleased that he is one of my neighbors. I ish and Muslim faiths have a long record of Be it Resolved that the House of Represent- once again ask my colleagues to join me in successfully living together respecting each atives: paying tribute to this extraordinary individual. other’s beliefs and culture. Yes, President (1) Congratulates Don Ho on his splendid f Ahmadinejad, there is a Western responsibility career; to help and defend Israel. But there is an (2) Recognizes Don Ho for his efforts to IN HONOR OF THE LIFE OF Eastern imperative to enhance the prospect of share Hawaii’s Aloha Spirit with his audiences SENATOR WILLIAM PROXMIRE a more dignified life for all people in the re- and others around the world; and gion. (3) Conveys its best wishes for continuing HON. DENNIS J. KUCINICH What should also be taken from the history success in his musical career. OF OHIO of the last two millennia is that the Jewish Mr. Speaker, I rise today to recognize and IN THE HOUSE OF REPRESENTATIVES people generally found themselves in a posi- honor my old friend for his impressive musical tion of vulnerability precisely because they career and his iconic status as the undisputed Saturday, December 17, 2005 lacked a state of their own. Relations within king of Waikiki entertainers. Mr. KUCINICH. Mr. Speaker, I rise today in the Muslim world were usually better than For over 40 years Don Ho has entertained honor and remembrance of Senator William within most parts of the Christian world, but audiences in Waikiki, sharing his Aloha Spirit Proxmire. For over three decades, Senator

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.132 E17DEPT1 E2594 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 Proxmire served the people of Wisconsin with This was the first of over 100 songs that he loss is shared by all those who knew June a tenacious devotion to the principles of civic has written. As a member of the First Meth- Womack Gilmer, and we join them in mourn- responsibility and ethical leadership. The ef- odist Church of Clanton, William Heaps has ing the loss and celebrating the life of this fects of his determination to uphold these val- served for several years on the administrative wonderful woman. As we adjourn the United ues reach beyond the Badger State and the board. He has also served as Chairman of the States House of Representatives today, let us halls of the Senate, as his legacy of fighting Chilton County Gospel Singing Convention. do so in memory of and respect for June and for integrity and accountability in governance He was a representative for the Vaughan and the wonderful Gilmer family. has benefited all people of the United States. the Tennessee Music Companies for a num- Public service shaped Senator Proxmire’s ber of years. He has served on the Supreme f life at an early age. After graduating from Yale Cabinet, as Chaplin, as Vice-President and as IN HONOR AND RECOGNITION OF University in 1938, he served our country in President of the Convention. He currently SENATOR EUGENE McCARTHY World War II as an officer in the Army Coun- serves as a representative for the Gospel Her- terintelligence Corps. His desire to continue itage Music Company. He has been a great fighting for the American people brought him supporter of and actively engaged in the Ala- HON. DENNIS J. KUCINICH to Wisconsin, where he served in the state As- bama State Gospel Singing Convention for OF OHIO sembly from 1950–1956. In 1958 he won his many years. As he continues to write music, IN THE HOUSE OF REPRESENTATIVES first victory for the United States Senate where he resides in Clanton with is wife, Bernice. Saturday, December 17, 2005 he went on to serve for over 30 years. They have two twin daughters, Shelia Mims Mr. KUCINICH. Mr. Speaker, I rise today in Senator Proxmire was most well known for and Shirley Henley, and a son Tommy Heaps, honor and remembrance of my good friend his Golden Fleece awards, which he used to who is now a Methodist Minister. They also Senator Eugene McCarthy, former member of single out ‘‘wasteful, ridiculous or ironic use of have one granddaughter, Laura Heaps, and the United States Congress, presidential can- the taxpayers’’ money. ‘‘ Senator Proxmire two grandsons, Will Heaps and Scott Mims. didate, political activist and author. brought many important issues to the people’s William Heaps is a true ‘‘Christian Gentleman’’ Senator McCarthy is a well-known and re- attention and because of these awards he was who is compassionate and respectful toward spected anti-war activist. His voice rose above able to halt numerous science and academic others. He is a great ‘‘encourager’’ with a posi- the crowd against the Vietnam War due to his projects that were of no real value. He will for- tive outlook and sound advice. He is an inspir- power and influence in politics. In 1968, Mr. ever be remembered for his contributions to ing role model for all of us and I join his McCarthy garnered an unprecedented number this end and for making wasteful government friends and colleagues in recognizing one of of college students opposed to the Vietnam spending a real issue. Alabama’s great composers of gospel songs. War to campaign for the Presidency against Senator Proxmire’s 32 years in the Senate f were distinguished by innumerable accom- the incumbent President Lyndon B. Johnson. plishments. He was the driving force behind REMEMBERING JUNE GILMER College students supported Mr. McCarthy be- the 1968 ‘‘Truth in Lending’’ act, critically im- cause he believed that America should end its proving the transparency and fairness of HON. RALPH M. HALL involvement in Vietnam. Students from around the country campaigned door to door pro- loans. He fought racial discrimination in real OF TEXAS moting the slogan ‘‘get clean for Gene,’’ refer- estate. As chairman of the Banking, Housing, IN THE HOUSE OF REPRESENTATIVES ring to the students shaving off their beards and Urban Affairs Committee, he authored the Saturday, December 17, 2005 1980 Banking Deregulation Act. However, his and cutting their long hair. While his views most significant contribution was his tireless Mr. HALL. Mr. Speaker, I rise to pay tribute sparked many to campaign for him, he still determination for the ratification of an inter- to a remarkable Texan, June Womack Gilmer, had a disappointing defeat in the Democratic national treaty outlawing genocide. Nearly who passed away this year after a valiant bat- primary. Although he lost this race, he won a every day for 19 years, Senator Proxmire tle with Alzheimer’s. A descendant of one of much bigger one. He stood up for what he be- spoke of the importance of the treaty from the Texas’s pioneering families, the Lydays, she lieved in and would not back down, even in Senate floor until it was finally adopted in could trace her family ancestry back to 17th the face of adversity. 1986. century Williamsburg, Virginia, and 13th cen- Senator McCarthy left politics in 1971 after a distinguished career as United States Con- f tury Runnymede, England. June was born in Honey Grove and raised gressman and Senator from Minnesota. He TRIBUTE TO MR. WILLIAM in the small town of Wolfe City, in the Fourth spent time writing his memoirs and other NEWTON HEAPS Congressional District. She married her child- books and poems on politics. Senator McCar- hood sweetheart, Ray Gilmer, and they soon thy remained active in politics throughout the HON. ROBERT B. ADERHOLT settled in Garland, Texas, where June raised rest of his life, including running for different OF ALABAMA her family and pursued numerous civic en- offices and supporting other campaigns. Keep- IN THE HOUSE OF REPRESENTATIVES deavors. She was president of the PTA, Gar- ing involved in politics, Senator McCarthy stat- den Club, and wives club of the Garland Jun- ed his opposition for campaign finance laws Saturday, December 17, 2005 ior Chamber of Commerce. She was a regent argued in the Buckley v. Valeo case. In 1980, Mr. ADERHOLT. Mr. Speaker, today I would and registrar of the Colonel James Mason he wrote the introduction to the campaign like to pay tribute to Mr. William Newton Chapter of the Daughters of the American book of Libertarian Presidential candidate Ed Heaps and to recognize his many accomplish- Revolution, an officer of the John Wheeler Clark. Senator McCarthy continued participa- ments. He is truly a man who embodies the Bunton Chapter of the Daughters of the Re- tion in progressive politics with the Consumer American principles of hard work, dedication public of Texas, and the Magna Carta Dames. party in Pennsylvania and the Minnesota Pro- to one’s family and service to one’s commu- A beautiful and accomplished woman, June gressive party. He returned to the Democratic nity. William Heaps was born August 20, 1930 was a runner-up in the Mrs. Texas contest in Party in 1992 as a Presidential candidate in to Johnnie and Louise Vandiver Heaps and the 1950s. She studied interior design in col- the New Hampshire primary. More recently he raised on a farm in Franklin County in Ala- lege and for many years worked as a deco- was a strong and influential supporter of Ralph bama’s Fourth Congressional District. While rator and volunteered her talents for many Nader’s 2000 Presidential campaign. After his residing in Russellville, Alabama, William worthy causes. June and my wife, Mary Ellen, political career ended, Senator McCarthy be- Heaps was manager of the Farmers’ Co-Op were very close friends. Our families shared came a prolific writer and poet. He authored for numerous years. Later he moved to food and cars as Ray Gilmer attended the 30 books and multiple poems about the de- Clanton, Alabama and there he was sales rep- SMU School of Engineering and I was attend- cline of American politics. resentative for Fuller Supply Co. of Bir- ing the SMU School of Law. Our children Senator Eugene McCarthy passed away on mingham for 29 years until his retirement in played together and we felt a deep and life- December 10, 2005, at the age of 89. He will March of 2000. As an adult he attended sing- long kinship to the Gilmers. be remembered as an influential and re- ing schools in addition to being privately June is survived by her adored and adoring spected politician. More importantly, his con- taught by F.R. Morgan, a student of Vaughan husband of 60 years, Ray Gilmer, daughter tributions to the anti-war movement and influ- Normal School of Lawrenceburg, Tennessee. Jamie Williams and son-in-law Dr. Craig Wil- ence on college students’ political activism will ‘‘My Title to Those Mansions’’ was the first liams, daughter Anne Snow and husband live on in future campaigns and protests. His song written by William Heaps and it was pub- James Snow, six grandchildren, and other service as a Representative of Minnesota in lished in 1966 by Vaughan Music Company. family members and life-long friends. Their Congress will not soon be forgotten.

VerDate Aug 31 2005 06:05 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.001 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2595 HONORING THE 50TH ANNIVER- the pilot initiative being undertaken by the dated and malfunctioning. The majority of sur- SARY OF THE HONORABLE JOHN Center in the city of Texarkana focusing on veys throughout this Nation show that the D. DINGELL’S SERVICE IN THE the recycling of commercial and industrial food American people are advocating for a com- HOUSE OF REPRESENTATIVES waste products currently a significant threat to prehensive and realistic approach to immigra- the proper maintenance and efficiency of mu- tion reform. SPEECH OF nicipal waste water treatment facilities. As Members of Congress we have the re- HON. ROBERT B. ADERHOLT The initiative which I seek recognition for sponsibility to modernize our laws, to ensure OF ALABAMA will produce biodiesel from a waste stream equity, and to learn from the successes and failures of our predecessors. H.R. 4437 fails to IN THE HOUSE OF REPRESENTATIVES currently which is a constraint on the develop- ment of services and small business serving meet these standards on all levels. Tuesday, December 13, 2005 the community of Texarkana and placing a The bill before us today is an insult to the Mr. ADERHOLT. Mr. Speaker, I would like burden on the infrastructure that assures prop- American people who have requested action to congratulate my colleague, JOHN D. DIN- er and environmentally appropriate disposal of on the part of their lawmakers. The bill is nei- GELL, of Michigan, on his 50 years of service grease and waste oils. The undertaking of ther a solution nor even an attempt to under- in the United States House of Representatives such a pilot program in Texarkana, Texas is stand the immigration crisis. Rather, it is a col- this week. He is rightfully called ‘‘the Dean of not by chance. The operations of the pilot will laboration of the most destructive proposals in the House,’’ as the longest currently serving be located in an industrial park next to the Congress, put forth to promote a false impres- Member of the House. Only two Members of Red River Army Depot, the main focus of sion that we are working to address the prob- the House have ever served longer, and Con- which is the refurbishment and maintenance of lem. What we are seeing here on the floor gressman DINGELL’s congressional career the Bradley Fighting Vehicle and the Humvees today is an unrealistic, unconstitutional bill began at age 29, when he won election to currently supporting our mission in Iraq. A por- based on fear. succeed his father. JOHN DINGELL is known as tion of the biodiesel rendered from this initia- As a Representative from Arizona, I have a Member who is passionate about the wel- tive will be made available to RRAD for their had first hand experience with the negative fare of the constituents he represents, and use in testing its properties for both quality as impacts created by ‘‘security-only’’ approaches more broadly, all the residents of the United a fuel and its properties as a cleaner burning to the border and immigration, such as is pro- States. He shares his father’s great passion replacement for conventional petroleum based moted by H.R. 4437. Arizona, my District es- for health care for all persons, and was key to diesel fuel. pecially, has been victim to this inadequate the passage of many health care bills, includ- As chairman of the House Subcommittee on approach that ignores the real needs in our ing the Children’s Health Insurance Program, Energy and Air Quality I recognize that many communities. For example, this year my Dis- and the Mammography Quality Standards Act. are pursuing the goals of increased efficiency trict witnessed 262 deaths on its border, yet His work on health extends naturally to the en- and air quality that biodiesel holds for helping H.R. 4437 would do nothing to help alleviate vironment as well, both in terms of holding to satisfy the domestic need for diesel fuel, this human tragedy. polluters accountable for cleanup, and in work- now in short supply, and that many methods Though Americans continue to ask that ing to preserve America’s outdoor treasures are being evaluated, but my hope is that Congress create orderly, legal venues for new for future generations. Michigan, of course, NCSD can help create and encourage energy immigrants and for safe and legal ways in borders Canada, and Congressman DINGELL production from existing resources now per- which immigrants already here can declare has done outstanding work both in resolving ceived as obstacles to sustainable growth in their presence, H.R. 4437 does not even pollution issues with Canada and in creating my district and elsewhere. come close to fulfilling these requests. In fact, North America’s first international wildlife ref- By the House and Committee’s acknowl- it promotes a shadow culture in which immi- uge. As ranking member of the House Com- edgement of the initiative of the National Cen- grants need and want to hide, which then puts mittee on Energy and Commerce, and former ter for Sustainable Development I am asking our country at a greater security risk. chairman, JOHN DINGELL is known for his ex- for their report on the progress of the Tex- With one hasty line, this bill makes all immi- tensive knowledge and wisdom, and com- arkana facility at the milestone of their first six grants criminals. It turns an immigration-law mands deep respect from both sides of the full months of operations. The subcommittee violation into an aggravated felony. Thus, legal aisle. I am sure there have been many temp- will be interested in the results of this initiative permanent residents, who initially may have tations over the years to leave congressional for both its applications for energy production had an unlawful entry but were able to pursue service for a more lucrative career, but it is a and for improved air quality. I will close by reit- a legal venue thereafter, would be categorized testimony to his dedication and integrity that erating my support for this worthy initiative and as felons and prevented from becoming U.S. he has reached this milestone in his career. I to follow their progress as an example for use citizens as the current law allows. extend to him, and to his wife Deborah, and by the subcommittee in its critical work. H.R. 4437 also endangers checks and bal- ances and progress that our Nation has made the entire family, my sincere congratulations. f towards equality. With its expansion of expe- f BORDER PROTECTION, ANTITER- dited removal programs, H.R. 4437 removes INFORMATION ON THE NATIONAL RORISM, AND ILLEGAL IMMIGRA- important checks that currently protect against CENTER FOR SUSTAINABLE DE- TION CONTROL ACT OF 2005 erroneous arrests and deportations. In the VELOPMENT realm of civil rights, immigrants that are victim SPEECH OF to domestic violence would be discouraged HON. RALPH M. HALL HON. RAU´ L M. GRIJALVA from seeking protection in fear of being OF TEXAS charged with an aggravated felony. Further- OF ARIZONA IN THE HOUSE OF REPRESENTATIVES more, immigrants dealing with Federal agen- IN THE HOUSE OF REPRESENTATIVES cies or the judicial system would no longer Saturday, December 17, 2005 Friday, December 16, 2005 have the opportunity to appeal, thereby weak- Mr. HALL. Mr. Speaker, I rise today to in- The House in Committee of the Whole ening even more checks and balances in our form the House and to acknowledge the inno- House on the State of the Union had under government. vative work of the National Center for Sustain- consideration the bill (H.R. 4437) to amend I am ashamed of the Republican leadership able Development (NCSD) a national 501c3 the Immigration and Nationality Act to for bringing this bill to the floor, for ignoring nonprofit corporation headquartered here in strengthen enforcement of the immigration the American people, and for supporting a bill Washington, DC, and doing good work in my laws, to enhance border security, and for that will expand the immigration crisis. Worse home state of Texas through its Dallas and other purposes: than all the harm that this bill would cause is Austin offices to restore urban and suburban Mr. GRIJALVA. Mr. Chairman, I rise today the fact that it fails to include any of the immi- contaminated real estate to new productive in opposition to the misguided Border and Im- gration reforms that Americans have asked use. The Center is now undertaking potentially migration Enforcement Act of 2005. H.R. 4437 for. It includes penalties for employers, but no significant initiatives involving both energy pro- is a misguided bill that will further complicate provisions allowing them to attain needed em- duction and air quality in local communities in the immigration crisis. ployees. It criminalizes immigrants, but pro- the recycling of waste products to biodiesel. We, as a country, have not seen a signifi- vides no solutions for a legal venue for entry. As Texas is the historic home of innovation cant change in immigration policy in nearly As lawmakers, we can do better. We can and creativity in the use of natural and man two decades, even though all Americans bring to the floor a comprehensive and real- made resources, my purpose is to encourage agree that current immigration policy is out- istic approach to immigration that addresses

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.005 E17DEPT1 E2596 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 border security, changes to current immigra- event. The symbol of a flying pig has deep His military decorations include the Legion tion law—including earned legalization—and roots in the history of Cincinnati, which was of Merit, Meritorious Service Medal, Navy upholds labor rights for all U.S. employees, be once known as ‘‘Porkopolis’’ because of the Commendation Medal, and other unit and they citizens or foreign born. H.R. 4437 is not city’s pork industry heritage. campaign awards. In his civilian occupation, this bill. It ignores the need to address soci- As an avid marathon runner, I am thrilled to he is a Boeing 777 Captain with American Air- etal, economic and national security shortfalls see our wonderful hometown race receive the lines based at DFW Airport, Texas. and I encourage my colleagues to denounce national recognition that it deserves. After 35 years of dedicated service, Rear this insulting response to the American people The annual Flying Pig Marathon began in Admiral Jackson will be retiring to spend some and vote ‘‘no’’ on H.R. 4437. May 1999, and was created by my friends Iris well-deserved ‘‘R and R’’ with his wife Jana. f Simpson-Bush and Bob Coughlin. Their hard On behalf of the residents of Florida’s 12th work and leadership has built this race into District, I want to commend Rear Admiral CONDEMNING RECENT STATE- one of the nation’s premiere events. Jackson’s service to his country and wish him MENTS OF IRANIAN PRESIDENT A 26.2 mile ‘‘whole hog’’ course ‘‘flies’’ the very best for the future. MAHMOUD AHMADINEJAD through the southwestern part of the Second f Congressional District, showcasing some of HON. JAMES R. LANGEVIN the most picturesque neighborhoods in Cin- BORDER PROTECTION ANTITER- OF RHODE ISLAND cinnati. The race also features a 13.1 mile RORISM, AND ILLEGAL IMMIGRA- half-marathon, a timed 10K run, a noncompeti- TION CONTROL ACT OF 2005 IN THE HOUSE OF REPRESENTATIVES tive 5K run, and a children’s ‘‘piglet’’ event. Saturday, December 17, 2005 Last year, there were over 13,000 participants SPEECH OF Mr. LANGEVIN. Mr. Speaker, I rise today to overall, and an entire weekend of family ori- HON. RON PAUL unequivocally condemn Iranian President ented events. OF TEXAS Mahmoud Ahmadinejad’s recent declaration Congratulations to all associated with the IN THE HOUSE OF REPRESENTATIVES that the Holocaust was a myth. Such out- Cincinnati Flying Pig Marathon. rageous comments dishonor the memory of f Friday, December 16, 2005 the 6 million Jews and many others who per- HONORING REAR ADMIRAL JOHN The House in Committee of the Whole ished under the Nazi regime. To suggest that A. ‘‘AJ’’ JACKSON House on the State of the Union had under such a tragedy was imagined as a justification consideration the bill (H.R. 4437) to amend to create the state of Israel, as President the Immigration and Nationality Act to Ahmadinejad has done, demonstrates a dis- HON. ADAM H. PUTNAM strengthen enforcement of the immigration OF FLORIDA connect from reality and complete ignorance laws, to enhance border security, and for IN THE HOUSE OF REPRESENTATIVES other purposes: of history. Numerous world leaders have al- ready condemned his comments, and I en- Saturday, December 17, 2005 Mr. PAUL. Mr. Chairman, I rise with serious courage my colleagues and the entire inter- Mr. PUTNAM. Mr. Speaker, as we continue concerns over this legislation, which although national community to do the same. the fight against terrorism around the globe, it does address some illegal immigration prob- Unfortunately, the denial of the Holocaust is we are constantly reminded of the sacrifice lems is woefully weak on real substance. I only the most recent in a series of disturbing and service of our men and women in uniform. fear that should this bill become law as is, six statements made by President Ahmadinejad. I rise today to honor a true American hero, a months or even a year down the road we will He has also declared that Israel should ‘‘be man who has dedicated his life to protecting see no substantial improvement on the critical wiped off the map,’’ suggesting that its people our nation, Rear Admiral AJ Jackson from my issue of deporting illegal aliens and protecting should be relocated to Europe. Furthermore, hometown of Bartow, Florida. our borders. despite efforts by our European allies to nego- A 1970 graduate of Florida State University, Some measures in the bill sound good, but tiate an agreement to end Iran’s nuclear ambi- Rear Admiral Jackson entered the Aviation Of- are in effect superfluous. Do we need new tions, Ahmadinejad has declined compromise, ficer Candidate School in May 1970, and was legislation requiring the Department of Home- stubbornly insisting that Iran has a right to de- designated a Naval Aviator in February 1972 land Security to achieve ‘‘operational control of velop its own nuclear program. at NAS Kingsville, Texas. His active duty as- the borders’’? Shouldn’t the federal govern- Ahmadinejad’s disgraceful statements and signments included NS Rota, Spain, Attack ment already have ‘‘operational control of the fervent opposition to engaging with other na- Squadron Eighty One (VA–81) aboard the borders’’? tions have even earned him condemnation USS Forrestal (CV–59), and the staff of Com- Here is a road map for real immigration re- from leaders within his own nation and run the mander, Light Attack Wing One, NAS Cecil form. First we need better enforcement of the risk of further alienating Iran from the world Field, Florida. laws we’ve got—which plainly call for illegal community. I ask my colleagues to condemn Rear Admiral Jackson commanded Fleet immigrants to be arrested and deported and Ahmadinejad’s statements about the Holo- Logistics Support Squadron Five Nine (VR– for our borders to be secure. These things are caust and Israel and demonstrate that there is 59), NR Carrier Group 0170, and NR Com- already law, but the executive branch over the no place for such intolerance in global political mander Seventh Fleet 111, and was selected past decades has failed to enforce them. Con- discourse. for Flag rank in June 1998. In October 1998, gress can pass any law it wants, but unless f he assumed duties as Deputy/Vice Com- federal agencies enforce those laws they are mander, Maritime Defense Zone, U.S. Atlantic meaningless. CINCINNATI’S FLYING PIG MARA- Fleet. One year later, he was assigned as Second we need to eliminate the two main THON NAMED A ‘‘TOP TEN MOST Commander, Rear Area Command, U.S. Sev- magnets attracting illegal immigrants to ille- ENJOYABLE MARATHON’’ enth Fleet, and in this role he also assumed gally enter the country, the welfare magnet duties as Commander, U.S, Naval Shore and the citizenship magnet. Failure to address HON. JEAN SCHMIDT Based Forces Korea, during exercise or con- these in an immigration bill raises questions OF OHIO tingency operations in Korea. about achieving real results. That is why I in- IN THE HOUSE OF REPRESENTATIVES In July 2001, Rear Admiral Jackson was as- troduced three amendments to this bill, in the signed his present billet at U.S. Central Com- hopes that we can finally do something about Saturday, December 17, 2005 mand as the Deputy Director (Reserve) for the problem of illegal immigration. I introduced Mrs. SCHMIDT. Mr. Speaker, I rise to rec- Plans and Policy (J5). From March 2002 until an amendment to end so-called ‘‘birth-right ognize the Flying Pig Marathon which is based May 2004, he was assigned additional duties citizenship,’’ whereby anyone born on U.S. soil in my hometown of Cincinnati, Ohio. This as Commander, Naval Reserve Readiness is automatically an American citizen. I intro- week, Runner’s World magazine picked the Command South. In this capacity he super- duced an amendment to end the practice of race as one of the top ten most enjoyable vised the training and administration of over providing U.S. Social Security payments to marathons in its January, 2006 issue. 10,000 Naval Reservists in 29 Naval Reserve non-U.S. citizens. And finally I introduced an Runner’s World editors composed a list of Centers in the states of Arkansas, Louisiana, amendment to prohibit illegal aliens from re- 25 marathons known for creating a fun experi- New Mexico, Oklahoma, Missouri, Iowa, Ne- ceiving food stamps, student loans, or other ence, and then allowed readers to vote for braska, Kansas, and Texas. Rear Admiral federally-provided assistance. Unfortunately, their favorites in an online poll. The Flying Pig Jackson was promoted to Rear Admiral none of my amendments were even allowed Marathon was voted the third most enjoyable (Upper Half) on October 12, 2001. to reach the Floor for a vote.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.008 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2597 There are some elements of this new bill to TRIBUTE TO MAYNARD ORME contributed to this perfect championship sea- be applauded. Measures to require detention son. Members of the squad included Najee of and expedited removal of aliens, for exam- HON. EARL BLUMENAUER Brown, Jeremy McKiver, Cory Tobin, Willie ple, are a good step. Also to be applauded is OF OREGON Green, Showron Stukes, Bradley Watkins, E.J. the requirement for an additional 250 inspec- IN THE HOUSE OF REPRESENTATIVES Abrams-Ward, Justin Moore, Chris Woods, tors at U.S. ports of entry each year from Khiry Billie, Richard McLendon, Darrius Little, 2007 through 2010, although this is unfortu- Saturday, December 17, 2005 Scott Hines, Quan Warley, Alex Rodriquez, nately subject to the availability of funds. But Mr. BLUMENAUER. Mr. Speaker, after 19 Shawndarian Sanders, Rashad Whitaker, overall this bill is a weak substitute for real im- years as CEO of Oregon Public Broadcasting Quan Sanders, Chris Webber, E.J. McCor- migration and border reform. As the Federa- and nearly 40 years in public broadcasting, my mick, Jaquan Mouzone, Brad Wilkes, Bud tion for American Immigration Reform (FAIR) good friend Maynard Orme will be retiring later Ray, Terrance Pearson, Dujuan Ingram, says, H.R. 4437 ‘‘treats some of the symp- this month. Lawerence Jackson, Brandon Johnson, toms, it does not, in fact, do enough to actu- Under Maynard’s leadership, OPB has Mertez Wilson, Demagio Lawson, Brandon ally cure the illness.’’ grown and now employs 180 people, operates Moss, Jamall Steele, Lorenzo Cannon, five television stations and four radio stations. Kendarius Cox, Jerrell Wilson, Antonio Royal, f OPB has transformed from a small to a large Courtney Henry, Ari Foust, Xavier Wallace, media entity, providing statewide service to Quentin Long, Preston Atwood, Robert Ben- TRIBUTE TO JOHN SPENCER both rural and urban Oregon. Every week 1.4 jamin, Tommy Green, Cornelius Davis, Ji Soo million people listen to and view OPB, making Noh, Trey Ray, Quinton Lindsey, Evander HON. BILL PASCRELL, JR. it one of the largest media outlets in the na- Davis, Dustin Gloor, Willie Cannon, and Mi- tion. chael Byrd. OF NEW JERSEY Earlier this year Maynard received the Low- The players would be the first to tell you IN THE HOUSE OF REPRESENTATIVES ell Medal from the Corporation for Public that they wouldn’t have been able to achieve Saturday, December 17, 2005 Broadcasting for his outstanding contributions all that they did without the strong support of to public television. His passion for public the coaching and support staffs. Starting with Mr. PASCRELL. Mr. Speaker, I rise today to broadcasting is evident through his dedication head coach Benjie Brown, the Bulldogs were pay tribute to John Spencer, who passed on the Public Broadcasting Service board and ably coached by Stan Baranowski, Allen away yesterday at the age of 58. From his Association for Public Television Station Brown, Roger Bryant, Sam Captain, Phillip role on ‘‘The Patty Duke Show’’ in the 1960’s, board. Under this hard financial time for public Johnson, Danny Medlin, Matt Pugh, Brandon to his role on ‘‘The West Wing’’ today, he has broadcasting, Maynard has also been able to Staton, and Nick Sweitzer. The community touched the lives of millions of Americans. pioneer a self-sustaining revenue model for coaches who assisted included Vince Brown, Born December 20, 1946, John Spencer OPB. Ed Courtney, Kemp Harvey, and Don grew up in the great town of Totowa, New Jer- He is a treasure trove of institutional knowl- Osborne. The middle school coach was Eric sey, in my congressional district. At the age of edge and although I wish him the best retire- Rader. The other valuable members of the 16 he left home to pursue an acting career in ment, I hope to continue to seek his insights. Bulldog championship squad included team New York. He quickly earned a prominent role f doctors David Williams and Rob Williams, on ‘‘The Patty Duke Show,’’ playing Henry An- trainers Kenny Coker and Charles Crowell, THOMASVILLE BULLDOGS ARE derson. When the show moved to Los Ange- statistician Barry Tucker, film crew members PERFECT AGAIN les and ended Spencer’s run, he returned to Travis Leanord, Wade Loflin, Casey Medlin, the great state of New Jersey, attending and Adam Oakley, gym maintenance staffer Fairleigh Dickinson University for two years. HON. HOWARD COBLE Bill Moore, and team managers Keyshawn He then moved back to New York and began OF NORTH CAROLINA Green, Ryan Hanner, Jason Hicks, Luke Wil- working as a stage actor. IN THE HOUSE OF REPRESENTATIVES liams, and Antwon Simon. Mr. Speaker, John Spencer was the son of Saturday, December 17, 2005 On behalf of the citizens of the Sixth District a dumptruck driver, and brought that working of North Carolina, we congratulate the Thom- Mr. COBLE. Mr. Speaker, I am pleased to class attitude to his life as an actor. There is asville Bulldogs for completing its second con- report that the tradition of football excellence no argument about his acting talent, but what secutive State football championship and continues at a high school in the Sixth District set him apart were the countless hours he doing it without a loss all year. Congratulations of North Carolina that is known throughout our spent perfecting the lines, the delivery, the en- to principal Dirk Gurley, athletic director State as a football powerhouse. For the sec- tire character. Woody Huneycutt, the teachers, staff, stu- ond year in a row, and for the sixth time in dents, parents, and fans of Thomasville High His career ran the gamut. In the late 1980’s school history, Thomasville High School has he starred aside Harrison Ford in ‘‘Presumed School for bringing football perfection to our captured a North Carolina high school football district. Innocent,’’ which led producer David E. Kelley championship. In addition, while the rest of the f to cast him as Tommy Mullaney on ‘‘L.A. country wonders if the NFL’s Colts can match Law.’’ In the late 1990’s he starred in ‘‘The the 1972 Dolphins perfect, unbeaten season, I STATEMENT HONORING NATELEE Rock,’’ and ‘‘The Negotiator,’’ two very high am also pleased to note that Thomasville BRINLEE profile successful films. In 1999, he was the completed its second, perfect 16–0 football first actor cast by Aaron Sorkin to star on ‘‘The season. In fact, perfect, unbeaten seasons HON. EDDIE BERNICE JOHNSON West Wing,’’ as Leo McGarry; a role I have have only been accomplished twice since they especially enjoyed watching him play. First as OF TEXAS began playing high school football in North IN THE HOUSE OF REPRESENTATIVES White House Chief of Staff and currently as Carolina in 1927. The other school to do it: the Democratic Vice-Presidential nominee, it Thomasville High School in 1995. Saturday, December 17, 2005 has been refreshing to watch his character, Thomasville captured its second straight Ms. EDDIE BERNICE JOHNSON of Texas. particularly serving a Democrat in the White State football championship on December 10, Mr. Speaker, I rise today to recognize an ex- House. It would have been nice to have a 2005, when the Bulldogs defeated Wallace- traordinary young woman whose bravery and Vice President from Passaic County. Rose Hill 21–20 at Wake Forest University’s quick thinking saved her family from a dev- His working class origins were always ap- Groves Stadium. The one-point victory was a astating fire. Eight-year-old Natelee Brinlee is parent. From ‘‘Patty Duke’’ all the way up to case of de`ja´ vu for Thomasville because last a hero in every sense of the word. the present movies, he was always somebody year the Bulldogs defeated Wallace-Rose Hill Natelee had been through the Irving Fire down to earth, two boots on the ground. I 15–14. ‘‘These one-point wins are tough on Department’s Safety House where she learned think it had a lot to do with the parts he your nerves,’’ Thomasville coach Benjie Brown how to implement life-saving measures during played. told the High Point Enterprise. ‘‘I don’t feel any a fire emergency. When a fire started in her Mr. Speaker, with John Spencer’s death our different. Those kids last year earned it just as home, Natelee knew to call 911, and alertly nation has lost an acting treasure. From the much as these kids did. I’m happy for both woke up her uncle and brother. This heroism stage, to television to the movies, his career groups.’’ saved Natelee, her uncle and two brothers. brought joy to millions of Americans. He will We are pleased to recognize all the mem- Natelee Brinlee showed maturity and brav- be sorely missed. bers of the Thomasville football team who ery well beyond her 8 years. The recognition

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.012 E17DEPT1 E2598 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 she is receiving is imminently well-deserved, ommended increased immigration enforce- IN HONOR OF CORPORAL ANTHONY and I know this is merely the first step of ment personnel, stronger surveillance, tougher THOMAS MCELVEEN many bright years ahead. entry-and-exit procedures and the use of bet- f ter technologies to enhance our border secu- HON. CHARLIE NORWOOD rity. This bill addresses these concerns and I BORDER PROTECTION, ANTITER- OF GEORGIA RORISM, AND ILLEGAL IMMIGRA- favor all of these provisions. IN THE HOUSE OF REPRESENTATIVES TION CONTROL ACT OF 2005 Finally, I am convinced that reassuring the Saturday, December 17, 2005 American people that we have taken strong Mr. NORWOOD. Mr. Speaker, I rise today SPEECH OF action to strengthen enforcement and secure to pay tribute to a courageous young man who HON. MARK UDALL our borders is a necessary predicate for the died while serving our country in the war in OF COLORADO harder and more complicated task of address- Iraq. Corporal Anthony Thomas McElveen, IN THE HOUSE OF REPRESENTATIVES ing the problem of existing illegal and undocu- Company F, 2nd Battalion, 7th Marines, 1st mented workers. Marine Division, was killed by enemy action Friday, December 16, 2005 With stronger border security and enforce- while conducting combat operations on De- The House in Committee of the Whole ment established we can work with the Admin- cember 1 in Fallujah, Iraq. House on the State of the Union had under istration and our colleagues in the Senate to On behalf of the people of the 9th Congres- consideration the bill (H.R. 4437) to amend sional District of Georgia, I wish to extend the Immigration and Nationality Act to build a consensus for the harder task of clari- strengthen enforcement of the immigration fying the status of existing illegal immigrants, condolences to Corporal McElveen’s family laws, to enhance border security, and for most of whom are hard-working and otherwise and friends, and especially to his widow Carrie who resides in my district. other purposes: law-abiding people, in a humane and thought- I also extend the thanks of our state and na- Mr. UDALL of Colorado. Mr. Chairman, ful way that will protect children, include guest- while there is much in this bill that concerns tion to a brave Marine and his family for their worker needs and establish a fairer process sacrifice in keeping the fight for our freedom me, I will vote for it because its primary pur- for legalized entry. If that effort succeeds—as pose is to make necessary improvements in on foreign soil. Corporal McElveen’s courage, I think it can and am convinced it must—the dedication to duty, and willingness to pay the securing our borders, which I think is needed result not only will be better than the bill be- as part—but only part—of immigration-reform ultimate price to preserve his country will fore us, it will be a measure that deserves to never be forgotten. legislation. be sent to the President for signing into law. To be frank, however, if this bill represented Semper Fidelis. our last word on immigration reform, I would f f vote against it. By focusing exclusively on the HONORING MR. TERRY R. ADAMS question of border security and immigration HONORING NORTH METCALFE ELE- FROM ASHLAND, OREGON enforcement, the House Republican leader- MENTARY SCHOOL 6TH GRADE ship is ignoring the most difficult and chal- ACADEMIC TEAM lenging aspect of immigration reform, namely HON. GREG WALDEN the question of how to deal humanely and ef- OF OREGON fectively with the estimated 8–11 million illegal HON. RON LEWIS IN THE HOUSE OF REPRESENTATIVES immigrants currently living and working in this country. OF KENTUCKY Saturday, December 17, 2005 Moreover, I am not in favor of making every IN THE HOUSE OF REPRESENTATIVES Mr. WALDEN of Oregon. Mr. Speaker, I rise man, woman and child who overstays a visa today to highlight and commend the service of or resides in this country illegally a criminal. Saturday, December 17, 2005 Mr. Terry R. Adams, a resident of Oregon’s By making any violation of immigration rules a Second Congressional District, for his service criminal rather than a civil offense we may Mr. LEWIS of Kentucky. Mr. Speaker, I rise to his community and the nation as a member only end up discouraging law enforcement today to recognize the North Metcalfe Elemen- of the National Association of Professional In- from discovering real threats of terrorism or tary School 6th Grade Academic Team for surance Agents. Mr. Adams recently com- violent criminal conduct. Driving illegal immi- their participation and high achievement in the pleted his term as the president of the Na- grants deeper underground, even more than Kentucky Colonel academic competition on tional Association of Professional Insurance current law, which keeps them in the shad- December 3, 2005. In this competition, stu- Agents and had previously served in many po- ows, is a terrible tactic if our overarching goal dents competed in written assessment cat- sitions of responsibility in the Association for is national security. egories of math, science, language arts, social more than 18 years. Mr. Adams has also So, Mr. Chairman, there are some strong studies and arts and humanities. served the insurance industry in many posi- reasons for voting against this legislation. It of- In these categories, team members placed tions at the state level, including as president fers no full solution to the problem of illegal first and second in math and second in lan- of the Oregon/Idaho state affiliate. immigration; it is unnecessarily punitive toward Mr. Adams has been recognized by his guage arts. Collectively, the team went home otherwise law-abiding individuals, and it un- peers for his service in the industry, having as first place Kentucky Colonels Quick Recall wisely commits this country to the construction twice been honored as the Professional Agent of a costly border fence that many security ex- Champions and placed second in the overall of the Year by the Professional Insurance perts believe will divert resources away from competition, defeating six other teams. To- Agents of Oregon/Idaho, first in 1996 and more important homeland security needs. gether, they demonstrated great academic again in 2001. Terry is a principal of Reinholdt My readiness to support this bill was also prowess, teamwork and sportsmanship before & O’Harra Insurance in Ashland, Oregon, reduced by the rhetoric of some who are most a regional audience, representing competitive where he has spent his professional career vocally in support of it. There is perhaps no values that make Kentucky proud. advising consumers about how to obtain the more divisive issue in our country than immi- I would like to commend Kristen Compton, best insurance coverage for their needs. gration, and sadly, the tone and content of Price Bell, Lindsey Coomer and Chandler Mr. Adams’ dedication to the highest stand- much of the debate in the House has only Staggs for their accomplishment. I would also ards of professionalism as a professional in- fueled the division. I discussed the tone and like to recognize their coaches, two fine edu- surance agent has earned him the respect of substance of this debate with a good friend cators, Angela Welsh and Rachel Dial. I am friends, colleagues and the insurance industry and colleague from the Republican side of the very proud to represent these students, teach- as a whole. aisle and found that we agreed that the House ers and their families. Mr. Speaker, I appreciate the opportunity to was missing an opportunity to unite the coun- rise today to share with my colleagues the try and pass a sorely-needed comprehensive I ask my colleagues in the U.S. House of good work that Mr. Adams has done through- immigration reform bill. Representatives to join me in congratulating out his career as a member of the insurance Despite these concerns, I will vote in favor the North Metcalfe Elementary School 6th community, and again congratulate him on the of this bill because we have to make nec- Grade Academic Team for their achievement completion of his term as the president of the essary investments in border security and en- and wish them continued success in their National Association of Professional Insurance forcement. The 9/11 Commission has rec- promising future years. Agents.

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.017 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2599 STEVE BELICHICK (1919–2005): AN an exemplary community leader and citizen am so proud of his players, and I know they AUTHENTIC COACH AND FATHER from my district, who was recently named worked hard for this great honor. Alumnus of the Year at Western Kentucky The UMS-Wright Bulldogs proved they are a HON. MARTIN T. MEEHAN University. team of champions in their victory on Decem- OF MASSACHUSETTS A 1994 graduate, Jennifer was active in ber 1, 2005, at Legion Field in Birmingham. IN THE HOUSE OF REPRESENTATIVES Alpha Gamma Delta, Spirit, and numerous They defeated Deshler 42–16 and made Saturday, December 17, 2005 other campus organizations while earning her UMS-Wright the winners for the night and BS in Agri-Business. Jennifer returned to her year. Mr. MEEHAN. Mr. Speaker, I rise to honor hometown of Owensboro shortly after gradua- Both teams had strong support from their Steve Belichick (1919–2005): an Authentic tion, where she has remained active in WKU families and fans. They traveled to Bir- Coach and Father. alumni relations. She has played an integral mingham to support and cheer on their team. There have been many great images from role in revitalizing the Owensboro alumni The fan support is a strong symbol of encour- the New England Patriots dynasty. Tom Brady chapter, first as Vice President and now as agement. embracing his teammates after yet another President. She is currently employed as a Mr. Speaker, I ask my colleagues to join me fourth-quarter touchdown. Adam Vinatieri rais- marketing consultant and commodities broker in congratulating UMS-Wright Preparatory ing his hands after yet another game-winning with Hayden-Hunt Agri-Marketing. School on their perfect season and State kick. The Krafts hugging one another after yet In addition to her career and work on behalf championship. This school deserves public another Super Bowl victory. of WKU alumni, Jennifer Inman is a very ac- recognition for this great honor. But the image that might stand out the most tive member of the Owensboro community I extend my congratulations to each mem- is the Gatorade-dousing of Bill and Steve serving as the Vice Chair of the WKU- ber of the team and coaching staff: Belichick moments before the Patriots would Owensboro Advisory Council, President of the UMS-WRIGHT ROSTER defeat the Philadelphia Eagles in Super Bowl Daviess County Extension Council, Secretary Tom Leatherbury, Senior; Terrell Edwards, XXXIX. For many New Englanders, it was the of the 4–H council, Vice President of the Ken- Junior; William Harvey, Sophomore; Bobby first time they had seen Steve Belichick—the tucky Women in Agriculture, and Chair of the Jones, Senior; Louis Maisel, Senior; Park man who every New Englander would like to Chamber of Commerce Agri-Business Com- Parker, Senior; Chris Carpenter, Junior; thank for fathering and mentoring the best mittee. Jennifer is also a member of the Junior Taylor Morrissette, Senior; Brandon Gibson, coach in football. League of Owensboro, YMCA Board of Direc- Junior; Joey Bacon, Senior. Colin Sigler, Junior; Preston Dial, Senior; And like in his 33-year career as an assist- tors, Owensboro Daviess County Tourism ant coach at the U.S. Naval Academy, Steve Hayes Harris, Senior; Michael Scott, Junior; Commission and the Mount St. Joseph Re- Taylor White, Senior; Elliott Pennington, Belichick would need someone else to draw treat Center Advisory Board. our attention to him, even at a moment of ex- Sophomore; Austin Hilyer, Sophomore; Ed- Jennifer has previously been nominated for ward Williams, Senior; Miller Wright, Jun- traordinary personal success. He was his the Athenia Award, recognizing outstanding ior; Erling Riis, Junior. son’s role model, and his son was on the women leaders in the Owensboro community. Bill Davis, Sophomore; Drew Allen, Junior; verge of coaching the Patriots to an unprece- She has also served on the Greater Charles Jackson, Senior; Henry Shields, Jun- dented third Super Bowl victory in 4 years. It Owensboro Chamber of Commerce Board of ior; Ley Bell, Junior; Blake McMullen, Soph- was a moment that any father would savor, omore; Wyatt Ison, Junior; Rashod Bumpers, Directors and as Co-Chairperson for the Senior; Joe Grady, Junior; Brent Pettie, and likely in a way that others would detect. Chamber Young Professionals. But Steve Belichick never sought public at- Sophomore. It is my great privilege to recognize Jennifer tention recognition of his work, be it his inno- Heath McGrew, Sophomore; Tyler Baxter, Inman today, before the entire U.S. House of Sophomore; Robert Williams, Sophomore; vative game-plans, exceptional scouting re- Representatives, for her lifelong example of Charles Munderloh, Senior; Lee Peters, ports, or the invaluable lessons he taught his leadership and service. I ask my colleagues to Sophomore; Conrad Blunck, Junior; Cooper accomplished son. Instead, he craved the join me in congratulating her for being named Perdue, Senior; Chris Ramanauskas, Junior; background, the behind-the-scenes world un- Western Kentucky University Alumnus of the Crain Rogers, Sophomore; Philip Ison, Sen- seen to fans and media, and the world where ior; Chase Cutrell, Sophomore; Howard Year. Her unique achievements and continued he would consistently win the high praise of Walker, Senior. dedication to her community make her an out- those ‘‘in the know.’’ And like any truly sub- George Oswalt, Junior; Nelson Argueta, standing American worthy of our collective stantive professional, Steve Belichick would Sophomore; Paul Bouler, Senior; J.J. honor and respect. Gotlieb, Junior; Kyle Rehm, Senior; An- take enormous personal satisfaction in obtain- f thony Jelercic, Senior; Walker Plash, Sen- ing the respect of his peers—the very respect ior; Steven Jones, Sophomore. that would often elude more celebrated coach- CONGRATULATIONS TO UMS- Raymond Faircloth, Junior; Brooks es. WRIGHT PREPARATORY SCHOOL Hieronymus, Senior; McLeod Chunn, Sopho- Doubtless for that reason, Steve Belichick ON THEIR 2005 4A STATE FOOT- more; Richard Wilkins, Sophomore; Cameron had remained out of our sight until the camera BALL CHAMPIONSHIP Gunter, Sophomore; Greg Zieman, Senior; caught others showering him and son in vic- Kyle Ellis, Junior; and Morgan Kennedy, Sophomore. tory. It is much the same reason why Bill HON. JO BONNER Belichick often deflects praise and attention. It COACHING STAFF OF ALABAMA is simply not the Belichick way of doing things. Head Coach, Terry Curtis; Assistant When Steve Belichick passed away on No- IN THE HOUSE OF REPRESENTATIVES Coaches, Brett Boutwell, Rick Cleveland, vember 19, 2005 at the age of 86, it was fit- Saturday, December 17, 2005 Brandon Dean, Stacy Harrelson, Gerald ting that we remember him as reluctantly tast- Jones, Phil Lazenby, Eddie Roberts, Jerry Mr. BONNER. Mr. Speaker, it is with great Simons, Jim Sudeiha, and Don Urquhart. ing success. And it was fitting that he be with pride and pleasure that I rise to honor UMS- f his son. Wright Preparatory School on their 2005 4A It can be said that a father always dreams Alabama State Football Championship. A TRIBUTE TO ALAN REICH of being less accomplished than his own child, In 1893, Dr. Julius T. Wright founded Uni- because there is no greater accomplishment versity Military School and Girls Preparatory HON. JAMES R. LANGEVIN for any father. School in Mobile, AL. In the fall of 1988, both It is a lesson that Steve Belichick has taught OF RHODE ISLAND schools merged and began the school year as IN THE HOUSE OF REPRESENTATIVES us well. one. UMS-Wright Preparatory School is a K– f 12 school with roughly 1250 students enrolled. Saturday, December 17, 2005 HONORING JENNIFER INMAN Terry Curtis, head football coach and ath- Mr. LANGEVIN. Mr. Speaker, I rise to reflect letic director, lead UMS-Wright to their third upon the public service of my friend, Alan HON. RON LEWIS Class 4A State championship in the past 5 Reich, who passed away on November 8, years. UMS-Wright’s record throughout that 2005. OF KENTUCKY time has been an incredible 68 wins and only In 1962, Mr. Reich was 32 years old, a IN THE HOUSE OF REPRESENTATIVES 4 loses, which translates to a winning percent- former athlete and Army officer. That year, a Saturday, December 17, 2005 age of .944. In addition, Coach Curtis has swimming accident left him a quadriplegic. De- Mr. LEWIS of Kentucky. Mr. Speaker, I rise been selected as a member of the 2005 Mo- spite this life-changing event and the chal- today to recognize Jennifer (Stelmach) Inman, bile Sports Hall of Fame. Like Coach Curtis, I lenges that quadriplegia brings, he returned to

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.022 E17DEPT1 E2600 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 his job as an executive at Polaroid Corpora- to the head of the coveted ‘‘Committee’’, the ‘‘No’’; Rollcall vote No. 653 (Goodlatte/Herseth tion where he worked for 11 years. Mr. group of teens responsible for aiding Horn in Amendment to H.R. 4437): ‘‘Aye’’; Rollcall Reich’s return to work demonstrated to his col- the direction of the show. vote No. 654 (Stearns Amendment to H.R. leagues, in the most basic way, that life with When he was just 16 years old, Jerry leapt 4437): ‘‘Aye’’; Rollcall vote No. 655 (Sensen- a disability can be productive and fulfilling. In into the music business by managing a na- brenner Amendment to H.R. 4437): ‘‘No’’; Roll- the years following the accident, he went on to tional tour for Danny and the Juniors, pushing call vote No. 656 (Norwood Amendment to pursue his career goals and was appointed to them into stardom. He got into radio in 1960 H.R. 4437): ‘‘Aye’’; Rollcall vote No. 657 the position of Deputy Assistant Secretary for and soon was given the title ‘‘The Geator With (Westmoreland Amendment to H.R. 4437): Educational and Cultural Affairs at the State the Heator.’’ He soon coupled his growing ‘‘Aye’’; Rollcall vote No. 658 (Gonzalez Department. popularity on the air (which by 1963 resulted Amendment to H.R. 4437): ‘‘No’’; Rollcall vote It is important to note that Mr. Reich’s acci- in regional syndication of his program on small No. 659 (Sullivan Amendment to H.R. 4437): dent and his recovery took place decades be- stations throughout the Delaware Valley from ‘‘Aye’’; Rollcall vote No. 660 (Motion to Re- fore the Americans with Disabilities Act. At Atlantic City to Allentown) with appearances commit with Instructions): ‘‘No’’; Rollcall vote that time, people like Alan Reich, who over- off the air at dances, clubs and events. It was No. 661 (Final Passage of H.R. 4437): ‘‘Aye’’; came personal obstacles to move forward with not unusual for Blavat to see 5,000 kids a and Rollcall vote No. 662 (Rolled Suspension their lives, sent an important message to the week in person in the mid ’60s, nor too much Vote on H. Res. 598): ‘‘Aye’’. world that people with disabilities have gifts of a stretch to say he’d remember 3,000 of f and talents to contribute. This message was their names the following week. His appear- the foundation of the movement to pass the ances became so frequent that for a time he HONORING THE LIFE OF JENNIE ADA in 1990, and declare for the first time that needed to use a helicopter just to make it on MAE FREELAND KELLER disabled Americans have a right to fully par- time from one gig to the next. Today the heli- ticipate in all aspects of our society. copter is gone, but the frantic schedule is still HON. DAN BURTON Mr. Reich became involved in advocacy for in place. Throughout the year, he can be OF INDIANA people with disabilities, initially as a volunteer. found somewhere on virtually any night, and in IN THE HOUSE OF REPRESENTATIVES He later went on to devote his professional life the summer months he’s in weekend resi- Saturday, December 17, 2005 to the cause, serving as the President of the dence at Memories At Margate, the New Jer- National Paraplegia Foundation—known today sey Shore’s hottest night spot which he’s Mr. BURTON of Indiana. Mr. Speaker, I rise as the National Spinal Cord Injury Associa- owned and operated since 1972. to pay tribute to a dynamic Hoosier who tion—and founding the Paralysis Cure Re- Jerry Blavat is a true innovator. For in- passed away yesterday December 16, 2005 at search Foundation, the National Task Force stance, he introduced several national dance the grand age of 79 years old. I knew Jennie on Disability and the National Organization on crazes, such as ‘‘The Mashed Potato,’’ ‘‘The Mae Freeland Keller very well and she was Disability. His vision and work lives on through Stomp,’’ ‘‘The Stroll’’ and ‘‘The Jerry Shake.’’ truly a very special person. One of six children these organizations, which he fostered and Mr. Speaker, Jerry Blavat is well known for born into a poor and struggling family from developed. his artistry, his business talents and his show- southern Indiana, she was an art and music I arrived in Washington, DC, in 2001, as the manship. But, not enough people know of Jer- prodigy. At the age of 15 she moved from first quadriplegic Member of the House of ry’s human side. Jerry’s work on behalf of the Connersville, Indiana to live with her older sis- Representatives. My own service in this body less fortunate. He is extremely generous with ter in Indianapolis so she could attend art would not have been possible without the his time and his resources, and has earned school classes at Herron School of Art and commitment of leaders in the disability com- our City’s love and respect because of that also attend Shortridge High School—known munity, who fought to pass the ADA. Alan fact. for its superior music program. Jennie Mae Reich was one of those people and he was Jerry Blavat keeps us young, keeps us to- was proud of having gotten straight A’s all among the first leaders in the disability com- gether and most of all, he keeps us dancing. through school and later in life she would munity here to greet me. I am tremendously And so, I know that all my colleagues will join learn she was a Mensa. While at school she grateful for his personal determination and his me in honoring the Boss with the Hot Sauce, excelled with her chosen musical instrument— dedication to creating opportunity for others Jerry Blavat. the cello—though she never read a note of with disabilities. His work made this country a f music. It is perhaps fitting that she passed better place for future generations of individ- away while listening to the classical music she uals with and without disabilities to succeed PERSONAL EXPLANATION so loved in life, and with a video of America’s and thrive. His passing leaves me with per- most beautiful sights playing in the back- sonal sorrow, yet as we reflect on the life of HON. J. GRESHAM BARRETT ground. this extraordinary individual, I am inspired and OF SOUTH CAROLINA Described by her children as the ‘‘Laura honored to have called him a friend. IN THE HOUSE OF REPRESENTATIVES Petrie’’ of her neighborhood, Jennie Mae al- ways merrily accepted duties, such as col- I thank my colleagues for the opportunity to Saturday, December 17, 2005 pay tribute to my friend, and I urge them to lecting for the March of Dimes, or the Cancer support H. Res. 592, a resolution celebrating Mr. BARRETT of South Carolina. Mr. Society—all while trying to raise five children. the life, achievements and contributions of Speaker, on December 16, 2005, I was absent Two of those kids, Elizabeth and Claudia, Alan Reich. from several votes for personal reasons. Had have long been valuable members of my staff, I been present I would have voted: Rollcall f and my heart goes out to them and their sib- vote No. 642 (Motion to close portions of the lings in their time of grief. Mr. Speaker, Jennie A TRIBUTE TO JERRY BLAVAT Defense Authorization Conference to the Mae Keller may not go down in the history Press and Public when matters of National books as someone who changed the world, HON. ROBERT A. BRADY Security are under consideration): ‘‘Aye’’; Roll- but she changed the lives of everyone around OF PENNSYLVANIA call vote No. 643 (Rolled Vote on Skelton Mo- her or came through her life. She will be sore- IN THE HOUSE OF REPRESENTATIVES tion to Instruct Conferees on H.R. 1815): ly missed by all who knew and loved her. ‘‘No’’; Rollcall vote No. 644 (Previous Question I respectfully ask my colleagues to join me Saturday, December 17, 2005 on Rule for H. Res. 612): ‘‘Aye’’; Rollcall vote in sending their deepest sympathies and Mr. BRADY of Pennsylvania. Mr. Speaker, I No. 645 (Adoption of Rule for H. Res. 612): heartfelt prayers to Jennie Mae Keller’s family, rise to honor one of the pioneers of rock and ‘‘Aye’’; Rollcall vote No. 646 (Adoption of Rule and I ask unanimous consent to place a copy roll, my dear friend Jerry Blavat. Born and for H.R. 4437): ‘‘Aye’’; Rollcall vote No. 647 of Jennie Mae’s obituary in the CONGRES- raised in my district, Jerry was attracted to the (Rolled Suspension Vote on H. Con. Res. SIONAL RECORD. music business because of his love for the 294): ‘‘Aye’’; Rollcall vote No. 648 (Final Pas- Jennie Mae, Freeland Keller. Born January music, not for fame or wealth. Jerry is truly sage of H. Res. 612): ‘‘Aye’’; Rollcall vote No. 30, 1926 one of a kind. He is as much a part of Phila- 649 (Rolled Suspension Vote on H. Res. 409): An accomplished artist and musician. In delphia as cheesesteaks, soft pretzels and the ‘‘Aye’’; Rollcall vote No. 650 (Rolled Suspen- 1943 at the age of 17 was awarded the title Liberty Bell. A great artist in his own right, sion Vote on H. Res. 575): ‘‘Aye’’; Rollcall vote of Miss World Peace shortly after the end of Jerry was a dancer on the original Bandstand No. 651 (Rolled Suspension Vote on H. Res. World War II. A loving and devoted mother television program, hosted by Bob Horn. He 534): ‘‘Aye’’; Rollcall vote No. 652 (Spratt Mo- and wife. A tireless volunteer for political free- became a favorite with the viewers and rose tion to Instruct Conferees on H.R. 4241): dom. A never ending fighter for what was

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.027 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2601 right, and not just politically correct. Will be ing the Commitment of the House of Rep- thank our troops for their hard work and dedi- sadly missed by all that knew and loved her. resentatives to Achieving Victory in Iraq’’. Be- cation in keeping us safe. May God Bless her. cause of the severe importance of this issue, f f I feel it is crucial that I explain my position on this issue. As we are all aware, on Friday, De- PENSION PROTECTION ACT OF 2005 SUPPORTING THE GOALS AND cember 2, 2005, 10 United States Marines IDEALS OF KOREAN AMERICAN were killed in a bomb attack on their foot pa- SPEECH OF DAY trol outside Fallujah. The following day, 11 HON. BART STUPAK SPEECH OF Iraqi soldiers died after insurgents ambushed a joint patrol of American and Iraqi forces just OF MICHIGAN HON. NANCY PELOSI north of Baghdad. In my District of Houston, IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA TX, several Disabled Veterans, family mem- Thursday, December 15, 2005 IN THE HOUSE OF REPRESENTATIVES bers of current and fallen soldiers, and friends Tuesday, December 13, 2005 joined in a ‘‘call to action’’ to let this Adminis- Mr. STUPAK. Mr. Speaker, yesterday, the House of Representatives passed the Pension Ms. PELOSI. Mr. Speaker, it is with pride tration know that enough deaths have amassed in the Iraq war to warrant an imme- Protection Act on a vote of 294–130. I voted that I rise to join my colleagues in recognizing in favor of this bill in order to move the legisla- the 103rd anniversary of Korean American im- diate plan to redeploy our troops back to the U.S. We see daily examples that define this tive process forward because failure to ap- migration to the United States, and honoring prove pension reform legislation endangers the contributions of the Korean American com- situation as a crisis that continues to increase. Americans deserve a serious exit strategy— the retirement security of hundreds of thou- munity to our country. sands of workers. Without changes our pen- On January 13, 1903, the S.S. Gaelic ‘staying the course’ has clearly failed. sion system, many employers will face even docked in Hawaii, carrying with it the first I salute our brave women and men who are greater pressure to file for bankruptcy to termi- wave of immigrants from Korea, and ushering serving and who have served in our military, nate their workers’ pension plans. Though I in a new chapter in our nation’s heritage. as they have been victorious. There is no sep- supported H.R. 2830, it is my hope that the These pioneering individuals—56 men, 21 aration among Americans on our belief that final conference report will be a product more women, and 25 children—would blaze a trail our troops deserve and should receive honor. closely resembling the version that passed the for more than two million Korean American im- However, as many defense specialists and Senate on a near unanimous vote. migrants and their descendents who live other scholars have suggested, our troops It is my understanding that when the Con- throughout our nation today. continued presence in Iraq may constitute and Following World War II and the Korean War, be the basis for the increased violence. We ference Committee convenes, Education and a second wave of thousands of Korean immi- must transfer authority and oversight to a sov- Workforce Chairman BOEHNER will support in- grants came to the United States. Like all im- ereign Iraqi Government. They should then cluding a Senate provision that provides some migrants, they sacrificed everything they knew seek to gain the support of certain Arab na- industries with needed time to address their to answer the calls of freedom and new oppor- tions. There is no success in the mounting unique financial circumstances. Without imme- tunity, with the hopes of building brighter fu- bloodshed. The Washington Post reported on diate passage of this bill, some defined benefit tures for themselves in America. December 3, 2005 that sources suggest plans may be forced to default on its pay- Over the course of one hundred years of media groups in the United States might have ments to retirees. immigration, Korean Americans have worked paid Iraqi press to publish favorable propa- While not perfect, H.R. 2830, the Pension hard to achieve the American dream through ganda about U.S. military operations there. Protection Act, contains many important provi- their resolve, determination, and an abiding With this and numerous other possible inci- sions that will strengthen our defined benefit belief in the greatness of this country that we dents that raise suspicion as to the credibility system. For example, the Act provides relief to love. While well known and celebrated for its of certain American government officials, the multi-employer pension plans by allowing entrepreneurial spirit, the contributions made troops are in a very tenuous position in a land more affordable and appropriate contributions by the Korean American community to our so- foreign to them amid daily attacks by insurgent to maintain their employees’ pensions. This ciety extends to all areas of the American fab- groups. Let us be proactive in helping to save will greatly benefit workers in the skilled ric and have profoundly enriched our national lives and honor our troops by bringing them trades, such as plumbers, carpenters, and heritage. Korean Americans have broken home safely. transport workers. I was disappointed that down language and social barriers, and fought Part of the plan that I suggest includes the multi-employer pensions were excluded from back against the obstacles of racism and dis- following steps: the temporary pension relief that was signed crimination to succeed in and contribute to all (1) acts of American diplomacy in further- into law last year, and I am glad that this bill aspects of American life—all. ance of the creation of an international coali- provides long overdue relief to secure these As Representative of California’s 8th Con- tion of support, workers’ pensions. gressional District, it is my privilege to rep- (2) convening of a summit of Arab nations Though House passage of H.R. 2830 is bet- for the purpose of engaging leadership on the resent a diverse Asian American and Pacific ter than passage of no bill at all, this legisla- question of what steps can be taken to aid this Islander community, including a vibrant and tion must be improved during the conference region, active Korean American community. between the House and Senate. I would like (3) cessation of the redeployment of Amer- In marking the 100 year anniversary of Ko- to see a bill that does more to protect older ican troops to multiple tours of duty to the re- rean American immigration, the Centennial workers whose employers convert their de- Committee on Korean Immigration designated gion, (4) allocation of resources and attention to fined benefit pension plans to cash-balance January 13 of each year as Korean American the over 15,000 injured soldiers and the need plans. Further, this bill provides that the Pen- Day. By honoring this day, we celebrate the for medical and educational services, sion Benefit Guarantee Corporation guarantee extraordinary contributions of this unique com- (5) establishment of a special memorial to some, but not all, pensions when a factory or munity to our country, and rededicate our- honor those who have fallen in the Iraq en- plant shuts down. Stronger protections for selves to making the American dream a reality gagement, and older workers and insurance for all shut down for all. (6) establishment and articulation of a com- pension benefits should be included in the This legislation has my strong support, and prehensive exit strategy that will result in the final Conference Report. I urge my colleagues to join me in honoring redeployment of the troops back to the U.S. All workers in every type of industry require this vibrant community. and the restoration of sovereignty to the in- immediate changes in our current pension f stalled Iraqi government. Democrats should laws if we are to ensure that future genera- VICTORY IN IRAQ RESOLUTION distinguish themselves by their alliance on this tions are able to participate in the defined ben- issue. efit retirement plans that offer superior retire- HON. SHEILA JACKSON-LEE Many of the Democratic resolutions, specifi- ment security. Failure to pass this bill and cally that introduced by Mr. MURTHA, deserve move the legislative process forward endan- OF TEXAS gers thousands of workers pensions. Though IN THE HOUSE OF REPRESENTATIVES our support. They represent excellent vehicles to distinguish Democrats before the American the Pension Protection Act is not a perfect bill, Saturday, December 17, 2005 people. We must do that! I am compelled to support this legislation so Ms. JACKSON-LEE of Texas. Mr. Speaker, I urge all of my colleagues to join me in fur- that our pension system can be changed to I rise in opposition to H. Res. 612, ‘‘Express- thering these initiatives, and I would like to assist all employees.

VerDate Aug 31 2005 06:09 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.030 E17DEPT1 E2602 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2005 HONORING THE 50TH ANNIVER- laws, to enhance border security, and for The bill takes a broad range of actions to SARY OF THE HONORABLE JOHN other purposes: secure our Nation. These include imposing D. DINGELL’S SERVICE IN THE Mr. RYAN of Wisconsin. Mr. Chairman, after tougher penalties for those who smuggle ille- HOUSE OF REPRESENTATIVES long deliberation and discussion with the bill’s gal immigrants into the U.S. and for those who author, I decided to vote ‘‘aye’’ on H.R. 4437. overstay their visas. Individuals involved in SPEECH OF This bill is far from complete, and far from making and using fraudulent documents will HON. DAVID E. PRICE being ready to become law. Yet, it has be- face stiffer penalties. We also end the ‘‘catch come clear that Congress will deal with immi- and release’’ policy that allows apprehended OF NORTH CAROLINA gration reform through several stages in a illegal immigrants to slip away unnoticed and IN THE HOUSE OF REPRESENTATIVES long process during the next session of the live illegally in the U.S. as they will no longer Tuesday, December 13, 2005 109th Congress. I supported H.R. 4437 to simply be released back into the community. Mr. PRICE of North Carolina. Mr. Speaker, begin this process, so we can ultimately With regard to granting immigration benefits, I am pleased to join colleagues in recognizing achieve comprehensive immigration reform. i.e., citizenship, green cards, permanent resi- and honoring JOHN DINGELL as he celebrates Among the provisions I believe are instru- dency, the bill ends the practice of granting his fiftieth anniversary as a member of the mental toward achieving such reform are the such benefits to those for whom a background House of Representatives. reforms to secure our borders. Border security check has not been completed. Immigration As a young political scientist teaching about is no longer simply an issue of illegal immigra- benefits should not be handed out simply be- the Congress and doing research on the com- tion. It is an issue of national security, where cause a certain number of days have passed mittee system, I knew a good deal about JOHN we are vulnerable to terrorist infiltration. This since the investigation was commenced. Per- DINGELL before I joined him in the House in proposal offers a comprehensive way to ad- haps the background check approval is being 1987. I studied his role, along with his friend dress this threat. delayed because of the need to fully inves- and colleague John Moss, in shaking up the However, I have several concerns with this tigate a possible criminal or terrorism risks. Commerce Committee in the 1970s, decen- legislation that must be addressed in order to Current law denies immigration benefits to tralizing the then-Chairman’s authority and receive my support for a final, comprehensive those who are classified as habitual drunk- greatly stepping up oversight of the executive. solution to fixing our broken immigration sys- ards, but not those affiliated with terrorist orga- I came to the House hoping that I could some- tem. nizations. This bill fixes that problem by mak- day become a Commerce member myself. By First and foremost, the provision in H.R. ing sure that illegal immigrants who are de- then, JOHN was chairman, and the Committee 4437 that makes undocumented alien status a portable on terrorist grounds are deported was the ‘‘place to be’’ for an activist member, federal felony is totally unacceptable. Prior to without delay. known for its broad legislative reach and vigi- the bill’s passing, I received a commitment H.R. 4437 requires employers to verify that lant oversight. from the author, Chairman SENSENBRENNER, prospective employees are legally employable. As it happened, my region had its full quota that this provision will be removed. Second, The bill ensures that a system is in place for of Commerce seats, and I successfully pur- the employer verification system proposed in employers to verify the legal status of such job sued Appropriations instead. But I have con- this bill is unworkable and must be fixed. applicants and it provides penalties for em- tinued to admire JOHN’s work, now as ranking Third, a final bill should include the creation of ployers who violate these laws. The bill also member. He is totally dedicated to this institu- a secure, legal channel by which foreign work- prohibits federal funds provided under the tion as the keystone of American democracy, ers needed to keep the United States’ econ- State Criminal Alien Assistance Program to and he fully understands the importance of ac- omy growing may enter and leave the country. any state or local government that maintains a tive, assertive committees to the institution’s And, finally, we must bring into the open, in a ‘‘sanctuary policy’’ for illegal immigrants. capacity for deliberation and sound law- reasonable and fair manner, the millions of im- In order to ensure that we have a better un- making. migrants who are living in our communities derstanding of just who is crossing illegally JOHN richly deserves the fulsome tributes without any documentation. Failure to address into the U.S. the bill requires the Department we have heard from senior and junior col- all of these issues will simply prolong our bro- of Homeland Security, DHS, to report to Con- leagues, of every partisan and political stripe, ken immigration system. gress on the number of illegal aliens appre- upon this fiftieth anniversary of his winning the Because Congress is so divided on how to hended who are from non-contiguous coun- seat vacated by his father’s death in 1955. achieve comprehensive reform, it has become tries, with a particular emphasis on Many have also mentioned Debbie Dingell, clear to me that such reform will occur in ascertaining the number of individuals from JOHN’s wife and partner in service. Debbie has stages over the course of the next year. I look countries known to harbor terrorists. DHS is been an invaluable resource to the House forward to working with my colleagues in both also to provide the Congress with a timeline Democratic Caucus in planning issues con- political parties to make sure the final version for fully equipping all land borders with the ferences and other activities, and I recently of this legislative effort is one we can all be US–VISIT entry/exit system. was privileged to serve with her on our na- proud to support. On a 260–159 vote, the House mandated tional party’s Commission on Presidential f the construction of security fencing, including Nomination Timing and Scheduling. lights and cameras, along the Southwest bor- Mr. Speaker, I am proud to join in tribute to BORDER PROTECTION, ANTITER- der in sectors with the highest number of ille- RORISM, AND ILLEGAL IMMIGRA- JOHN and Debbie DINGELL—to thank them for gal border crossings, drug smuggling, and im- their dedication and perseverance, for their ef- TION CONTROL ACT OF 2005 migrant deaths. Additionally, DHS will be re- fectiveness as advocates and public servants, quired to conduct a study and report back to SPEECH OF and for what they have meant to each of us Congress on the use of physical barriers along and to our country as champions of this insti- HON. DAVE WELDON the Northern border. tution. OF FLORIDA Mr. Chairman, H.R. 4437 moves us in the right direction of addressing the serious prob- f IN THE HOUSE OF REPRESENTATIVES lem of illegal immigration making the United BORDER PROTECTION, ANTITER- Friday, December 16, 2005 States more secure. RORISM, AND ILLEGAL IMMIGRA- The House in Committee of the Whole f TION CONTROL ACT OF 2005 House on the State of the Union had under consideration the bill (H.R. 4437) to amend BORDER PROTECTION, ANTITER- SPEECH OF the Immigration and National Act to RORISM, AND ILLEGAL IMMIGRA- strengthen enforcement of the immigration TION CONTROL ACT OF 2005 HON. PAUL RYAN laws, to enhance border security, and for OF WISCONSIN other purposes: SPEECH OF IN THE HOUSE OF REPRESENTATIVES Mr. WELDON of Florida. Mr. Chairman, I HON. PETER A. DeFAZIO rise in strong support of H.R. 4437, The Bor- Friday, December 16, 2005 OF OREGON der Protection, Antiterrorism, and Illegal Immi- The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES gration Control Act of 2005. This is a good bill House on the State of the Union had under Friday, December 16, 2005 consideration the bill (H.R. 4437) to amend that takes some important steps to curb illegal the Immigration and Nationality Act to immigration, secure our borders and make The House in Committee of the Whole strengthen enforcement of the immigration America safer. House on the State of the Union had under

VerDate Aug 31 2005 05:50 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.034 E17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2603 consideration the bill (H.R. 4437) to amend The new guest worker proposals are unlikely and others have rightfully pointed out that the the Immigration and Nationality Act to to improve that situation. bill does not in any way address the 10–12 strengthen enforcement of the immigration Guest-worker programs have also histori- million undocumented workers already in the laws, to enhance border security, and for cally been used to break unions. The other purposes: U.S., no matter how long they’ve been here or meatpacking industry is a prime example. The how much they’ve contributed to their local Mr. DEFAZIO. Mr. Chairman, our Nation has meatpacking industry broke the unions by community or the economy. I am concerned long been a beacon for the dispossessed and bringing in low-wage immigrant labor. Once that the alien smuggling provisions are written downtrodden around the world who come to the union was broken, the industry cut wages in an overly broad way that could penalize the our shores for a shot at achieving financial se- and benefits for the immigrant workers, sped everyday actions of social service organiza- curity, personal security, and to fulfill their up conveyer belts, and just generally made tions, churches, and others who may provide human potential, the very essence of the working conditions miserable. The rate of humanitarian aid and counsel to immigrants. American dream. Our Nation was built on the worker injuries and workplace accidents are Further, a dubious amendment was adopted sweat and ingenuity of immigrants. My father’s extraordinarily high. It’s taken the industry during consideration on the floor that requires side emigrated from Italy, and my mother’s back to the days described in Upton Sinclair’s the construction of $2.2 billion worth of fences side came from Ireland. We should be proud book The Jungle. along a part of the southern border, which, as of this heritage. I am wary of the impact on low-income evidenced by the failure of similar fences in However, a nation that does not have con- Americans and low-wage legal immigrants Spain and along the Hong Kong-China border, trol over its own borders is a nation that can- from guest-worker proposals. Such proposals will do little or nothing to combat illegal immi- not claim to be sovereign. We need to know threaten to increase the low-wage labor pool gration, but will certainly divert money from who is coming into our country, and we need in the U.S. by millions of workers, further erod- programs that could. Instead, this money to be able to keep out those who are not au- ing the pay rates and working conditions of could be spent to hire and equip 2,000 addi- thorized to enter. The status quo, with 500,000 tens of millions of Americans and legal immi- tional agents for 10 years and to improve or more individuals entering the U.S. illegally grants. The nearly 20 percent of Americans technologies used to protect the border. every year, including untold numbers from without a high-school degree will be particu- We need to move this complex and emo- countries of concern, meaning countries in larly hard hit. Under the leading guest-worker tional debate on border security and immigra- which radical Islamic terrorists are prevalent, program in Congress, the number of unskilled tion reform forward. Although H.R. 4437 is is not acceptable. workers authorized to enter every year would flawed, I am voting in favor of the bill because Prior efforts by Congress to control and ra- be 400,000. In addition, 290,000 higher skilled it contains a number of provisions that I sup- tionalize immigration, including the reforms en- workers would be allowed in every year, near- port related to border security; because this is acted in 1986 and 1996, have failed. One of ly double the number in current law. the only immigration legislation the Republican the primary reasons these reforms have failed The Commission on Immigration Reform, leadership will bring to the floor, meaning it is to stop the flow of undocumented workers and created in 1995 by President Bill Clinton and the only opportunity I will have to go on record the exploitation of immigrant labor is the lack headed by former Democratic Member of Con- in favor of enhancing border security; and be- of meaningful employer sanctions. I believe gress Barbara Jordan, reported, ‘‘Guest-work- cause I expect that the Senate will address the crux of the legislation under consideration er programs have depressed wages’’ and re- the major deficiencies in the bill. Immigration today, in addition to enhanced border security duced employment opportunities for ‘‘unskilled will be debated again in the House next year provisions, such as more agents, improved American workers, including recent immi- after the Senate has worked through its own technology, and cracking down on document grants,’’ who can be easily ‘‘displaced by version of immigration reform and border se- fraud, is that for the first time Congress is im- newly entering guest workers.’’ curity legislation and a conference committee posing tough employer sanctions, which will A study by Harvard University professor has met and resolved the differences between decrease the incentive to exploit immigrant George Borjas shows wages for Americans the two chambers bills. I will reserve judgment labor. H.R. 4437 would double the fines for dropped 9 percent for high school graduates on whether to support the final bill until I see employers who hire undocumented workers to and 5 percent for college graduates in the the details. a minimum of $5,000 for a first offense and up wake of the unprecedented migration of un- to $40,000 for subsequent offenses. H.R. documented immigrants in the 1980s and f 4437 would also require employers to verify 1990s. Other studies, including research by an applicant’s eligibility for lawful employment the National Research Council and the Eco- PERSONAL EXPLANATION with immigration and Social Security officials. nomic Policy Institute, show immigrants under These enhanced employer verification provi- ‘‘guest’’ worker programs are paid 15–33 per- HON. TOM LANTOS sions are one of the reasons why the powerful cent less than American citizens, driving down OF CALIFORNIA business lobbies like the U.S. Chamber of wages for all workers. IN THE HOUSE OF REPRESENTATIVES Commerce, some of whose members regularly I am also concerned that the administrative Saturday, December 17, 2005 hire low-wage exploitable immigrant labor, are burden created by guest-worker programs will opposing the bill, but also one of the reasons disadvantage immigrants from around the Mr. LANTOS. Mr. Speaker, last evening the why I support it. world who are now waiting in line for their pa- House voted on H. Res. 598, Condemning ac- Many business and immigrant rights organi- perwork to be processed so they can enter the tions by the Government of Syria that have zations, along with some in organized labor, U.S. legally. Though they have complied with hindered the investigation of the assassination have raised the concern that H.R. 4437 does the law, filed all the required applications, pro- of former Prime Minister of Lebanon Rafik not include guest worker provisions. vided all the needed documentation, and paid Hariri conducted by the United Nations Inter- I have serious reservations about the guest all the fees, it will be years before they have national Independent Investigation Commis- worker proposals that have been proposed by legal status. My staff and I devote countless sion (UNIIIC), expressing support for extend- the President and in various bills in Congress. hours every week to the plight of frustrated ing the UNIIIC’s investigative mandate, and Very little has changed with respect to guest legal immigrant husbands, wives, mothers and stating concern about similar assassination at- worker programs since I came to Congress. fathers, and children trying to navigate the im- tempts apparently aimed at destabilizing Leb- They continue to be a source of worker exploi- migration maze. Families are separated for anon’s security and undermining Lebanon’s tation. When I was first elected, I fought a years and years going the legal route, and im- sovereignty. small group of government contractors in the migrants from the Philippines and Mexico Through an error, I was recorded as voting forestry and reforestation industries who were often have to wait at least a decade to be ap- ‘‘nay’’ on the adoption of that resolution. I abusing their workers. A recent series in the proved with no chance to jump to the head of should have been recorded as voting ‘‘yea.’’ I Sacramento Bee newspaper documented that the line. cosponsored this resolution when it was intro- abuse of immigrant labor continues to be H.R. 4437 is not a perfect bill. Far from it. duced and during the debate on H. Res. 598 widespread in guest worker forestry programs. Immigrant rights organizations, labor unions I spoke strongly in favor of its adoption.

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HIGHLIGHTS House and Senate passed H.J. Res. 75, Continuing Resolution. The House passed H.R. 3402, Department of Justice Appropriations Au- thorization Act, Fiscal Years 2006 through 2009. The House agreed to H.J. Res. 75, Making further continuing appropria- tions for the fiscal year 2006. Senate John O. Agwunobi, of Florida, to be an Assistant Chamber Action Secretary of Health and Human Services. Routine Proceedings, pages S13947–S13969 Bruce Cole, of Indiana, to be Chairperson of the Measures Introduced: One bill was introduced, as National Endowment for the Humanities for a term follows: S. 2141. Page S13965 of four years. William E. Kovacic, of Virginia, to be a Federal Measures Passed: Trade Commissioner for a term of seven years from Continuing Resolution: Senate passed H.J. Res. September 26, 2004. 75, making further continuing appropriations for the Kathryn Higgins, of South Dakota, to be a Mem- fiscal year 2006, clearing the measure for the Presi- ber of the National Transportation Safety Board for dent. Page S13965 a term expiring December 31, 2009. Federal Deposit Insurance Act Improvement: Jeffrey D. Jarrett, of Pennsylvania, to be an Assist- Senate passed S. 2141, to make improvements to the ant Secretary of Energy (Fossil Energy). Federal Deposit Insurance Act. Pages S13966–68 Santanu K. Baruah, of Oregon, to be Assistant Secretary of Commerce for Economic Development. Signing Authority—Agreement: A unanimous- Dale W. Meyerrose, of Indiana, to be Chief Infor- consent agreement was reached providing that dur- mation Officer, Office of the Director of National ing this adjournment of the Senate, the Majority Intelligence. Leader be authorized to sign duly enrolled bills or Donald A. Gambatesa, of Virginia, to be Inspector joint resolutions. Page S13965 General, United States Agency for International De- Nominations Confirmed: Senate confirmed the fol- velopment. lowing nominations: John O. Agwunobi, of Florida, to be Medical Di- Mark V. Rosenker, of Maryland, to be a Member rector in the Regular Corps of the Public Health of the National Transportation Safety Board for a Service, subject to the qualifications therefore as pro- term expiring December 31, 2010. vided by law and regulations. Catherine Lucille Hanaway, of Missouri, to be J. Thomas Rosch, of California, to be a Federal United States Attorney for the Eastern District of Trade Commissioner for the term of seven years from Missouri for the term of four years. September 26, 2005. Mary M. Rose, of North Carolina, to be a Member David Steele Bohigian, of Missouri, to be an As- of the Merit Systems Protection Board for the term sistant Secretary of Commerce. of seven years expiring March 1, 2011. Antonio Fratto, of Pennsylvania, to be an Assist- Stephanie Johnson Monroe, of Virginia, to be As- ant Secretary of the Treasury. sistant Secretary for Civil Rights, Department of George W. Foresman, of Virginia, to be Under Education. Secretary for Preparedness, Department of Homeland Susan P. Bodine, of Maryland, to be Assistant Ad- Security. ministrator, Office of Solid Waste, Environmental Marilyn Ware, of Pennsylvania, to be Ambassador Protection Agency. to Finland. D1310

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David M. Spooner, of Virginia, to be an Assistant Executive Communications: Pages S13964–65 Secretary of Commerce. Additional Cosponsors: Page S13965 Richard T. Crowder, of Virginia, to be Chief Ag- ricultural Negotiator, Office of the United States Additional Statements: Page S13963 Trade Representative, with the rank of Ambassador. Adjournment: Senate convened at 4 p.m., and ad- 1 Coast Guard nomination in the rank of admiral. journed at 7:55 p.m., until 6 p.m., on Sunday, De- Routine lists in the Coast Guard. (Prior to this ac- cember 18, 2005. (For Senate’s program, see the re- tion, Committee on Commerce, Science, and Trans- marks of the Majority Leader in today’s Record on portation was discharged from further consideration.) pages S13968–69.) Pages S13965–66, S13969 Messages From the House: Page S13964 Committee Meetings No committee meetings were held. h House of Representatives Stem Cell Therapeutic and Research Act of Chamber Action 2005: H.R. 2520, with a Senate amendment, to pro- Public Bills and Resolutions Introduced: 17 pub- vide for the collection and maintenance of human lic bills, H.R. 4618–4634; and 4 resolutions, H.J. cord blood stem cells for the treatment of patients Res. 75; H. Con. Res. 325; and H. Res. 633–634 and research, and to amend the Public Health Serv- were introduced. Pages H12167–68 ice Act to authorize the C.W. Bill Young Cell Additional Cosponsors: Page H12168 Transplantation Program, by a yea-and-nay vote of 413 yeas none voting ‘‘nay’’, Roll No. 664—clearing Reports Filed: Reports were filed today as follows: the measure for the President; H.R. 3505, to provide regulatory relief and im- Pages H12063–72, H12142–43 prove productivity for insured depository institu- tions, with an amendment (H. Rept. 109–356); State High Risk Pool Funding Extension Act of H. Res. 631, providing for consideration of mo- 2005: H.R. 4519, to amend the Public Health Serv- tions to suspend the rules (H. Rept. 109–357); ice Act to extend funding for the operation of State H. Res. 632, waiving a requirement of clause 6(a) high risk health insurance pools; Pages H12072–75 of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules Department of Justice Appropriations Author- (H. Rept. 109–358); and ization Act, Fiscal Years 2006 through 2009: H.R. H.R. 3505, to provide regulatory relief and im- 3402, with a Senate amendment, to authorize appro- prove productivity for insured depository institu- priations for the Department of Justice for fiscal tions, and for other purposes, with an amendment years 2006 through 2009—clearing the measure for the President; Pages H12075–H12125 (H. Rept. 109–356, Pt. 1). Pages H12146, H12166–67 Rule for consideration of suspensions: The House To amend title I of the Employee Retirement agreed to H. Res. 623, providing for consideration Income Security Act of 1974, title XXVII of the of motions to suspend the rules, by a yea and nay Public Health Service Act, and the Internal Rev- vote of 213 yeas to 190 nays, Roll No. 663, after enue Code of 1986 to extend by one year provisions agreeing to the Session amendment by voice vote requiring parity in the application of certain lim- and the previous question. Pages H12056–59 its to mental health benefits: H.R. 4579, to amend title I of the Employee Retirement Income Security Suspensions: The House agreed to suspend the rules Act of 1974, title XXVII of the Public Health Serv- and pass the following measures: ice Act, and the Internal Revenue Code of 1986 to To improve proficiency testing of clinical labora- extend by one year provisions requiring parity in the tories: H.R. 4568, to improve proficiency testing of application of certain limits to mental health bene- clinical laboratories; Pages H12059–63 fits; Pages H12125–28

VerDate Aug 31 2005 05:49 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 4627 E:\CR\FM\D17DE5.REC D17DEPT1 D1312 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2005 Second Higher Education Extension Act of 2005: Quorum Calls—Votes: Two yea and nay votes de- H.R. 4525, amended, to temporarily extend the pro- veloped during the proceedings of today and appear grams under the Higher Education Act of 1965; on pages H12059 and H12143. There were no Pages H12128–29 quorum calls. National Aeronautics and Space Administration Adjournment: The House met at 2 p.m. and ad- Authorization Act of 2005—Conference Report: journed at 10:55 p.m. Conference report on S. 1281, amended, to authorize appropriations for the National Aeronautics and Space Administration for science, aeronautics, explo- Committee Meetings ration, exploration capabilities, and the Inspector General, for fiscal years 2006, 2007, 2008, 2009, PROVIDING FOR CONSIDERATION OF and 2010; Pages H12129–35 MOTIONS TO SUSPEND THE RULES Agreed to H. Con. Res. 324, directing the Sec- retary of the Senate to make technical correction in Committee on Rules: Granted, by voice vote, a rule the enrollment of the bill. Page H12135 providing that it shall be in order at any time on the legislative day of Sunday, December 18, 2005, Terrorism Risk Insurance Revision Act of 2005: S. 467, with a Senate amendment to the House for the Speaker to entertain motions that the House amendment, to extend the applicability of the Ter- suspend the rules relating to the following measures: rorism Risk Insurance Act of 2002; and (1) The bill (H.R. 1185) to reform the Federal de- Pages H12135–41 posit insurance system, and for other purposes. Making further continuing appropriations for (2) A bill to reauthorize the Temporary Assistance the fiscal year 2006: H.J. Res. 75, amended, to for Needy Families block grant program through make further continuing appropriations for the fiscal March 31, 2006, and for other purposes. year 2006. Pages H12141–42 (3) The resolution (H. Res. 545) expressing the Meeting Hour: Agreed that when the House ad- sense of the House of Representatives on the arrest journs today, it adjourn to meet at 1 p.m. tomorrow. of Sanjar Umarov in Uzbekistan. Page H12144 (4) The concurrent resolution (H. Con. Res. 284) Board of Visitors to the United States Naval expressing the sense of Congress with respect to the Academy—Appointment: The Chair announced 2005 presidential and parliamentary elections in the Speaker’s appointment of Representatives Hoyer Egypt. and Cummings, both of Maryland, to the Board of (5) The bill (H.R. 4501) to amend the Passport Visitors to the United States Naval Academy. Act of June 4, 1920, to authorize the Secretary of Page H12144 State to establish and collect a surcharge to cover the United States-China Review Commission: Read a costs of meeting the increased demand for passports letter from the Minority Leader wherein she an- as a result of actions taken to comply with section nounced her reappointment of Ms. Carolyn Bar- 7209(b) of the Intelligence Reform and Terrorism tholomew of the District of Columbia and Mr. Prevention Act of 2004. George Becker of Pittsburgh, to the United States- (6) The bill (S. 1988) to authorize the transfer of China Review Commission. Page H12144 items in the War Reserves Stockpile for Allies, Senate Message: Message received from the Senate Korea. today appears on pages H12053–54, and H12149. (7) The bill (H.R. 2329) to permit eligibility in certain circumstances for an officer or employee of a Senate Referrals: S. 959 was referred to the Com- foreign government to receive a reward under the mittee on Government Reform; S. 1312 was referred Department of State Rewards Program. to the Committees on Resources and the Judiciary; and S. 1869, S. 1165, S. 1496, S. 1552, S. 1096, (8) A resolution honoring Helen Sewell on the oc- S. 1025, S. 648 and S. 435 were referred to the casion of her retirement from the House of Rep- Committee on Resources. S. 2141, S. 863, S. 1310, resentatives and expressing the gratitude of the S. 1892, S. 1578 and S. 310 were held at the desk. House for her many years of service. Page H12165 No testimony was heard.

VerDate Aug 31 2005 05:49 Dec 18, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 4627 E:\CR\FM\D17DE5.REC D17DEPT1 December 17, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1313 WAIVING CLAUSE 6(a) OF RULE XIII WITH COMMITTEE MEETINGS FOR SUNDAY, RESPECT TO THE SAME DAY DECEMBER 18, 2005 CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED BY THE RULES (Committee meetings are open unless otherwise indicated) COMMITTEE Committee on Rules: Granted, by voice vote, a rule Senate providing that the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from No meetings/hearings scheduled. the Committee on Rules on the same day it is pre- sented to the House is waived with respect to any House resolution reported on the legislative day of Sunday, No committee meetings are scheduled. December 18, 2005. No testimony was heard.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 6 p.m., Sunday, December 18 1 p.m., Sunday, December 18

Senate Chamber House Chamber Program for Sunday: Senate will be in a period of Program for Sunday: To be announced. morning business. Also, Senate may consider any cleared legislative and executive matters, including conference re- ports when available.

Extensions of Remarks, as inserted in this issue

HOUSE Gonzalez, Charles A., Tex., E2561 Pascrell, Bill, Jr., N.J., E2576, E2597 Gordon, Bart, Tenn., E2577, E2580, E2581, E2591 Paul, Ron, Tex., E2596 Abercrombie, Neil, Hawaii, E2593 Granger, Kay, Tex., E2587 Pelosi, Nancy, Calif., E2601 Aderholt, Robert B., Ala., E2594, E2595 Grijalva, Rau´ l M., Ariz., E2595 Pickering, Charles W. ‘‘Chip’’, Miss., E2561, E2562, Barrett, J. Gresham, S.C., E2600 Hall, Ralph M., Tex., E2594, E2595 E2563, E2564, E2565, E2567 Bass, Charles F., N.H., E2567 Harman, Jane, Calif., E2572 Porter, Jon C., Nev., E2566 Berkley, Shelley, Nev., E2565 Holt, Rush D., N.J., E2566 Price, David E., N.C., E2585, E2602 Blumenauer, Earl, Ore., E2579, E2583, E2597 Hyde, Henry J., Ill., E2570 Putnam, Adam H., Fla., E2559, E2568, E2596 Bonner, Jo, Ala., E2599 Istook, Ernest J., Jr., Okla., E2564 Rahall, Nick J., II, W.Va., E2566 Bordallo, Madeleine Z., Guam, E2590 Jackson-Lee, Sheila, Tex., E2601 Rogers, Mike, Ala., E2574, E2577, E2580, E2581, E2581 Brady, Kevin, Tex., E2573 Johnson, Eddie Bernice, Tex., E2570, E2597 Ros-Lehtinen, Ileana, Fla., E2563 Brady, Robert A., Pa., E2569, E2600 Kucinich, Dennis J., Ohio, E2575, E2593, E2594 Ruppersberger, C.A. Dutch, Md., E2590 Brown, Corrine, Fla., E2578, E2582 Langevin, James R., R.I., E2596, E2599 Ryan, Paul, Wisc., E2602 Brown-Waite, Ginny, Fla., E2577, E2580, E2581, E2583 Lantos, Tom, Calif., E2593, E2603 Schakowsky, Janice D., Ill., E2561 Burgess, Michael C., Tex., E2568, E2569, E2576 Larsen, Rick, Wash., E2563 Schiff, Adam B., Calif., E2570 Burton, Dan, Ind., E2600 Leach, James A., Iowa, E2592 Schmidt, Jean, Ohio, E2596 Cardin, Benjamin L., Md., E2559 Lee, Barbara, Calif., E2571 Sensenbrenner, F. James, Jr., Wisc., E2569 Case, Ed, Hawaii, E2590 Levin, Sander M., Mich., E2575 Shaw, E. Clay, Jr., Fla., E2587 Christensen, Donna M., The Virgin Islands, E2561 Lewis, Jerry, Calif., E2573 Simmons, Rob, Conn., E2559, E2560 Coble, Howard, N.C., E2597 Lewis, John, Ga., E2576 Skelton, Ike, Mo., E2572, E2579, E2583 Cole, Tom, Okla., E2563 Lewis, Ron, Ky., E2598, E2599 Smith, Christopher H., N.J., E2587, E2590, E2591 Costa, Jim, Calif., E2589, E2591, E2592 LoBiondo, Frank A., N.J., E2573 Stupak, Bart, Mich., E2601 Cramer, Robert E. (Bud), Jr., Ala., E2574 Lofgren, Zoe, Calif., E2575 Tancredo, Thomas G., Colo., E2562 Davis, Lincoln, Tenn., E2576, E2580, E2581 McCollum, Betty, Minn., E2562, E2562 Towns, Edolphus, N.Y., E2570 DeFazio, Peter A., Ore., E2602 McDermott, Jim, Wash., E2572 Turner, Michael R., Ohio, E2568 Diaz-Balart, Lincoln, Fla., E2592 McGovern, James P., Mass., E2567 Udall, Mark, Colo., E2598 Dingell, John D., Mich., E2589 McHenry, Patrick T., N.C., E2572 Udall, Tom, N.M., E2579, E2583 Doolittle, John T., Calif., E2581 McKeon, Howard P. ‘‘Buck’’, Calif., E2572 Van Hollen, Chris, Md., E2584 Duncan, John J., Jr., Tenn., E2574 Maloney, Carolyn B., N.Y., E2584 Walden, Greg, Ore., E2598 Emanuel, Rahm, Ill., E2562, E2563 Markey, Edward J., Mass., E2584 Weldon, Dave, Fla., E2602 English, Phil, Pa., E2588 Meehan, Martin T., Mass., E2599 Weller, Jerry, Ill., E2586 Eshoo, Anna G., Calif., E2565 Norton, Eleanor Holmes, D.C., E2592 Wexler, Robert, Fla., E2565, E2568 Etheridge, Bob, N.C., E2586 Norwood, Charlie, Ga., E2598 Wilson, Joe, S.C., E2564 Fossella, Vito, N.Y., E2584 Owens, Major R., N.Y., E2584 Gillmor, Paul E., Ohio, E2569 Pallone, Frank, Jr., N.J., E2574

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