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

Vol. 151 WASHINGTON, TUESDAY, APRIL 12, 2005 No. 42 House of Representatives The House met at 12:30 p.m. and was on top of her in the early morning Purchasing furniture ties or brack- called to order by the Speaker pro tem- while the rest of her family was sleep- ets. These should be screwed into both pore (Mr. BARRETT of South Carolina). ing. the wall, into a beam, and the fur- Meghan was a beautiful young girl f niture itself. If a wood beam is not ac- full of confidence and life. She leaves cessible, use mollies or toggle bolts to DESIGNATION OF SPEAKER PRO behind her twin brother Ryan, older give added strength; TEMPORE brother Kyle, and her parents Ralph Placing TVs on low, stable units with The SPEAKER pro tempore laid be- and Kimberly. Despite their sadness large bases and as far back as possible fore the House the following commu- and pain, Meghan’s parents are moving in the shelf. Secure all TV sets to the nication from the Speaker: forward, spreading a message to other wall. Devices are sold for this purpose; parents around the country. They are Anchoring freestanding bookcases, THE SPEAKER’S ROOMS, raising awareness about the impor- HOUSE OF REPRESENTATIVES no matter how large or small, to the Washington, DC, April 12, 2005. tance of preventing furniture tip-overs walls; I hereby appoint the Honorable J. GRESH- that can result in injury or death to Not placing heavy or other items of AM BARRETT to act as Speaker pro tempore children. interest to a child on top of the fur- on this day. Sadly, Meghan is not the first child niture or higher than a comfortable J. DENNIS HASTERT, to die from falling furniture, but the reach for the smallest child so as not Speaker of the House of Representatives. Becks hope that they can help prevent to entice them to climb for it; f this tragedy from happening to another Putting heavy items on the lowest child. The Consumer Product Safety shelf or drawer; MORNING HOUR DEBATES Commission estimates that 8,000 to And sharing this information with 10,000 children are injured each year The SPEAKER pro tempore. Pursu- everyone you know. from furniture that falls or tips or ant to the order of the House of Janu- In addition, there are things the fur- from items on top of furniture or ary 4, 2005, the Chair will now recog- niture and retail industries can do, and shelves that fall off onto the child. An nize Members from lists submitted by the Becks have developed some excel- average of six children tragically die the majority and minority leaders for lent ideas. They include: each year, as Meghan did. morning hour debates. The Chair will Encouraging all stores that sell fur- alternate recognition between the par- Through a Web site titled Meghan’s Hope, her parents are bringing together niture to also provide literature on fur- ties, with each party limited to not to niture safety and to sell the safety exceed 30 minutes, and each Member, fellow American families who have suf- fered pain from the loss or injury of a straps; except the majority leader, the minor- Encouraging all furniture manufac- ity leader, or the minority whip, lim- child to spread the word about fur- niture safety. The mission of Meghan’s turers to voluntarily include warning ited to not to exceed 5 minutes. labels on furniture and information on The Chair recognizes the gentleman Hope is to make available resources and information regarding furniture the dangers of furniture tip-overs, rec- from Massachusetts (Mr. MCGOVERN) ommending that the buyer secure the for 5 minutes. safety. Via the Web site, parents from piece to the wall with the proper re- f around the country have a place to straining devices. Ideally, the manu- share stories, thoughts and ideas with facturer would provide this informa- EXPRESSING DEEP SADNESS AT tion with the furniture until safety THE TRAGIC DEATH OF MEGHAN one another. Thanks to Ralph and Kimberly Beck’s efforts, awareness is standard legislation is developed; AGNES BECK AND THANKING Encouraging stores that sell child THE BECK FAMILY FOR THEIR rising; and more parents are taking note of the importance of securing fur- safety products to also sell furniture EFFORTS ON BEHALF OF CHIL- safety straps. Many do not carry them, DREN’S SAFETY niture around the house. The Web site offers several helpful including large department stores and Mr. MCGOVERN. Mr. Speaker, I rise suggestions for families. These include: home improvement stores; today with deep sadness at the tragic Securing furniture to the walls to And encouraging physicians and death of Meghan Agnes Beck of Ster- prevent tip-overs. This includes dress- child safety instructors to discuss fur- ling, Massachusetts. Meghan died on ers, bookcases, entertainment cabinets, niture safety with parents. December 18, 2004, at the young age of TVs, toy boxes, large appliances, or Mr. Speaker, through this terrible 3 years old. She died from injuries sus- any piece of furniture with shelves or loss, the Beck family has shown great tained as a result of her dresser falling drawers that can be climbed on; strength and determination to spread

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

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VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1854 CONGRESSIONAL RECORD — HOUSE April 12, 2005 their message. As parents we have an to mention the fact that terrorists The Cargo Theft Prevention Act pro- awesome responsibility to protect our have a proven record of using trucks to poses to finally give law enforcement children, and we must not take this re- either smuggle weapons of mass de- officials and lawmakers the common- sponsibility lightly. While I am deeply struction or as an instrument of deliv- sense tools they need to combat the saddened by the loss of Meghan Beck, I ery. costly and growing crime of cargo commend the entire family for their ef- Make no mistake about it, cargo theft. I urge my colleagues to support forts in spreading their message. theft is a big business, and business is this legislation. I urge my colleagues to visit the booming. f Becks’ Web site at But despite the incredible costs and THE WASHINGTON LOBBYISTS www.meghanshope.org. There they can high stakes involved, we still have not learn more about the important issue been able to come up with an effective The SPEAKER pro tempore. Pursu- of furniture safety and what can be way to fight cargo theft. The trouble ant to the order of the House of Janu- done to prevent more tragedies from is, cargo theft is not well-known or a ary 4, 2005, the gentleman from Ohio occurring. high-profile issue. And one of the rea- (Mr. BROWN) is recognized during morn- I know that our colleague, the gen- sons that cargo theft does not receive ing hour debates for 5 minutes. tlewoman from Pennsylvania (Ms. the attention it deserves is because Mr. BROWN of Ohio. Mr. Speaker, it SCHWARTZ), is also concerned about very little information exists con- is springtime, and Major League Base- this issue; and I look forward to work- cerning the problem. For example, ball is coming to Washington. The ing with her closely to see what Con- there currently is no all-inclusive data- thing is, though, I am not sure they got gress can do to help. base that collects, contains, or proc- the name right. They are calling the I am certain that the entire House of esses distinct information and data re- team the Washington Nationals. Not a Representatives joins me in sending garding cargo theft. bad name, but I always thought the their deepest condolences to the Beck In order to combat the growing prob- name should reflect the true character family and in thanking them for their lem of cargo theft, I have introduced of a city. The right choice is obvious: effort on behalf of our children’s safe- legislation, the Cargo Theft Prevention the new team’s name should be the ty. Act, which proposes commonsense so- Washington Lobbyists. The Washington Lobbyists and their f lutions to this widespread crime. My legislation would require the creation Republican allies would play under new rules of the game. FIGHTING CARGO THEFT of just such a database, providing a Rule number one: pay to play. You The SPEAKER pro tempore. Pursu- valuable source of information that cannot step on the field unless you ant to the order of the House of Janu- would allow State and local law en- ante up. But in the land where cash is ary 4, 2005, the gentleman from Florida forcement officials to coordinate re- king, that is just the start. For a mod- (Mr. STEARNS) is recognized during ports of cargo theft. This information est added contribution, a batter can morning hour debates for 5 minutes. could then be used to help fight this shrink the strike zone, replace the tra- Mr. STEARNS. Mr. Speaker, I rise theft in everyday law enforcement and ditional hardball with a more respon- today to tell my colleagues and the estimating, and very importantly, esti- sive tennis ball, or move the pitcher country about a problem that has mating the exact cost of this crime. back 10 feet. plagued our country for some 30 years, My act, the Cargo Theft Prevention Rule number two: no errors. Missed but continues unabated today. It is a Act, proposes that cargo theft reports the ball, say, by $800 billion on your problem that travels our highways and be reflected as a separate category in Medicare cost estimate? No worries. threatens our interstate commerce. It the Uniform Crime Reporting System, With enough money, enough spin and is a problem that affects our entire or the UCR, the data collection system enough citizen education, the Lobby- country and demands a Federal re- that is used by the FBI today. Cur- ists can make those errors vanish over- sponse. The problem is the crime of rently, no such category exists in the night, or at least until election day. cargo theft. UCR, resulting in ambiguous data and Rule number three: it ain’t over until Every year, tens of billions of dollars the inability to track and monitor its over, unless we are losing. Soccer are lost due to cargo theft, by one esti- trends. ends after a set period of time. But do mate, up to $60 billion a year in losses. The last thing my bill does is have you know who plays soccer? Old Eu- But there are indirect costs as well. the United States Sentencing Commis- rope, that is who. Well, none of that in This huge amount of business and prof- sion take a look at whether criminals ‘‘reformed’’ baseball. At home games, it translates into the loss of at least who commit cargo theft deserve stiffer the Lobbyists can hold the game open, 300,000 mid-level manufacturing jobs. penalties. This needs to be done be- adding extra innings if they are losing Prices are increasing due to higher in- cause the high value-to-volume ratio of at the end of an arbitrary nine innings. surance premiums. People are losing hi-tech and high-profit goods cargo And the Washington Lobbyists would their jobs and consumers are paying theft has encouraged criminals pre- create a whole new fan experience too. higher prices because of cargo theft. viously involved in drug dealing to Instead of the oh-so-boring Ball Day Or Making matters worse, law enforce- move into this area of activity, where Bat Day, the Lobbyists and their cor- ment officials estimate 60 percent of they run less risk of detection and suf- porate partners could offer U.S. Cham- cargo theft incidents go unreported, so fer less penalties if they are caught. ber of Commerce Blanket Day: Fans these costs could be even greater. As it now stands, Mr. Speaker, pun- get blanket product-liability waivers. Typical targets for cargo theft often ishment for cargo theft is a relative Or the Washington Lobbyists base- include shipments of clothing, pre- slap on the wrist. Throw in the fact ball team could offer Golf Junket Get- scription drugs, computers, and jew- that cargo thieves are tough to catch, away Giveaways: one lucky fan gets an elry. A truckload of computer micro- and what we have here is a low-risk, all-expense sweet golf trip to Scotland, processors can be worth millions of dol- high-reward crime that easily entices all expenses paid by the Indian gaming lars. A truckload of cigarettes, just an- potential criminals. We need to deter- industry. other common target, can be worth up mine what sentencing enhancements Or the Washington Lobbyists could to $2 million. and increases must be made, if at all. give away at the ball park Timber In- Cargo thieves employ creative and Members in this Chamber need to be dustry Bat Night: every bat is made highly efficient means to prey on cargo made aware of this problem, a problem from 100 percent old-growth forest. carriers and have managed to stay one not only specific to the large port cit- Or Pressroom Sweepstakes: the win- step ahead of our authorities. Thieves ies of this country, but a problem spe- ning fan gets White House press cre- know what they want, where they can cific to all of our congressional dis- dentials for a day, but only if he is af- find it, and how they can get it. tricts. Billions of dollars are being filiated with an on-line escort service. And let us not forget that cargo theft sapped from our economy and this body Or maybe Burger Night: free burgers is a national security issue. We know is doing little to stop it. It is time that for the first 5,000 fans, made with 100 that terrorists can make a lot of we get aggressive and make our high- percent caribou from the Arctic Na- money stealing and selling cargo, not ways again safe for commerce. tional Wildlife Refuge.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1855 Maybe they could have Wal-Mart the normal peacetime rate, with the SOLEMN DUTY OF CONGRESS TO Kids Day, where kids would not get to Congressional Budget Office suggesting PROVIDE FOR MILITARY NEEDS actually watch the game, because that it could be as much as 10 times The SPEAKER pro tempore. Pursu- somebody has got to work the conces- the recent average. We see similar ant to the order of the House of Janu- sions. trends in our aircraft and tanks, with ary 4, 2005, the gentleman from North Or Mug Night: the lucky fan gets to wear rates ranging from two to five Carolina (Mr. BUTTERFIELD) is recog- keep his swank Republican leadership times the normal. Meanwhile, National nized during morning hour debates for job, even if his mugshot is taped to his Guard and Reserve units that deploy 5 minutes. grand jury’s dart board. with their own equipment have left it Mr. BUTTERFIELD. Mr. Speaker, I Or we could even have at the Wash- in theater when they return, creating rise today to join my colleague, the ington Nationals baseball game start- shortages in the United States for gentleman from Rhode Island (Mr. ing Thursday night, we could have Hal- training and other purposes. LANGEVIN), to talk about the position liburton Gasoline Night: a tank of gas Mr. Speaker, we simply cannot ig- of House Democrats, particularly those for the first 1,000 fans at the patriotic nore the potential impact of this trend of us on the Committee on Armed Serv- Halliburton price of $8.95 a gallon. on the long-term readiness of our mili- ices, regarding an issue of importance Or the Enron Doubleheader: Fans get tary. Our worldwide prepositioned to our national defense. in early with promises of a big win, but stocks, which are intended to give our As a new member of the Sub- then the team kicks you out and takes troops rapid access to equipment when committee on Readiness, I have been your pension away. needed, are severely depleted, with the privy to briefings from our combatant In the spirit of Republican Wash- Army estimating that we would need 3 commanders and from the Department ington, the Washington Lobbyists will years to fully restore them. Also, the of Defense. The testimonies provided not care much about public opinion, Department of Defense estimates that by these great Americans have led me making decisions in secret and ignor- it has $12.8 billion in unfunded mainte- to the conclusion that our military ing criticism from the fans. And to nance costs, with the CBO projecting equipment located in Iraq and Afghani- avoid unpatriotic dissent, games will the numbers could be as high as $13 bil- stan has become severely worn and be played in the middle of the night, lion to $18 billion. At the current rate damaged. after sports writers have gone to bed. of operations, it will take years to The Congress of the United States b 1245 reset the force to where it needs to be. has a solemn constitutional duty to provide for our military, and the If we want to change things and Now, we make these points, Mr. Democratic Members of the Congress change how things really work in Speaker, not to be alarmists but to take this responsibility very seriously. Washington, Mr. Speaker, we are going raise awareness of the state of our A sufficient part of our duty is to make to have to change pitchers. Until we military and to emphasize that Con- sure that our troops have the equip- do, the Washington lobbyists and their gress must remain committed to our ment they need to be successful when friends here in Congress will always troops, both in theater now and in the they are engaged in war. Whether it is win. future. We must pledge not to send our MREs or canteens or desert uniforms f men and women into harm’s way with or personal protective vests or up-ar- substandard equipment, while actively MILITARY READINESS NEEDS mored Humvees, our troops deserve to seeking to rebuild our forces to meet have enough equipment in good work- The SPEAKER pro tempore (Mr. future needs. ing condition to get the job done. Mr. BARRETT of South Carolina). Pursuant Mr. Speaker, furthermore, our com- Speaker, I am concerned that our to the order of the House of January 4, mitment to our troops does not end troops are on the verge of not having 2005, the gentleman from Rhode Island when they return home. There is grow- the equipment they need to win these (Mr. LANGEVIN) is recognized during ing evidence that the combat stresses wars, and that is not good. morning hour debates for 5 minutes. on our troops may contribute to higher Many of our briefings, Mr. Speaker, Mr. LANGEVIN. Mr. Speaker, I join rates of post-traumatic stress disorder. are top secret, and I would not dare to my friend and colleague, the gen- We must improve our PTSD counseling breach that confidence. But, Mr. tleman from North Carolina (Mr. programs as well as our veterans’ Speaker, it is not classified that the BUTTERFIELD), this afternoon to ad- health care system. pace of military operations in Iraq and dress matters of importance to Demo- I was disappointed that, during con- Afghanistan is taking its toll on our crats on the House Committee on equipment. We are simply wearing out Armed Services. sideration of the emergency supple- mental appropriations bill, the House the equipment at a fast pace. I was fortunate enough to visit our By the Army’s own estimates, trucks men and women overseas in Iraq about voted down the Democratic motion to recommit, which would have provided are wearing out at three to five times a year-and-a-half ago, and I appreciate the rate as they would during peace- the amazing job that they are doing. more funding for veterans’ health pro- grams. Mr. Speaker, our veterans’ time operations. The Congressional Despite the complexity of their mis- Budget Office estimates that the truck sion, our troops have performed ably health system is strained as it is, and I can think of no greater disservice to usage is as much as 10 times higher and professionally; and they are, with- than average during the last 7 years. out doubt, the strongest and best- those men and women serving now than having them return to a nation Our aircraft are aging and wearing out trained fighting force in the world. at twice the rate as in peacetime. The However, we must ensure that they that refuses to provide appropriate sup- port for their needs. Marine Corps reports its CH–46 heli- have the appropriate equipment to con- copters are being used at 230 percent of tinue their record of success. We often I know many members of our com- the peacetime rate. overlook the impact that the high op- mittee have fought to meet our obliga- It is not just that our equipment is erations tempo in Iraq and Afghanistan tions to our service members and our wearing out, Mr. Speaker; it is that so have had on our equipment. Though veterans, and I would particularly like much of our equipment is wearing out. the military has accomplished a great to thank and recognize the efforts of Forty percent of the Army’s equip- deal with what they have, we have our Ranking Member, the gentleman ment has been deployed since the start clear indications that we are wearing from Missouri (Mr. SKELTON), as well of Iraqi Freedom and Enduring Free- down our equipment perhaps faster as the leadership of the gentleman dom. Thirty percent of the Marine than we can replace it. The frequent from Illinois (Mr. EVANS). Again, Mr. Corps’ equipment is deployed, and 2,300 use of Humvees, trucks, and aircraft, Speaker, I thank the gentleman from items require depot maintenance. coupled with the harsh climate condi- North Carolina (Mr. BUTTERFIELD) for Twelve percent of the wheeled vehicles tions, has caused them to wear down his dedication, and I urge all of my col- in Iraq are so broken down that they faster than expected. leagues to remain committed to guar- will have to be replaced. The Army estimates that trucks are anteeing sufficient military readiness We have also depleted a high percent- being degraded at three to five times and veterans’ services. age of our prepositioned equipment.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1856 CONGRESSIONAL RECORD — HOUSE April 12, 2005 The Army says that our stocks will not of 2005. It does not help the American wages to the financial strain of raising be reset for at least 3 years after the people. It was conceived by the credit children alone. So much for Republican end of the conflicts. card people for the credit card people family values. Equipment casualties are significant. and packaged by their Republican sur- African American and Hispanics are During the war in Iraq, the Army has rogates for one reason and one reason 500 percent more likely than white lost 503 pieces of major equipment, in- only: to entrap low- and middle-income homeowners to end up in bankruptcy cluding 51 helicopters, 76 heavy trucks, Americans. court because of discrimination in ev- 217 Humvees, and 97 combat vehicle- As always with this Republican ma- erything from mortgage costs, to hir- like tanks, Bradley fighting vehicles jority, if you are rich, do not worry, ing, to wages. It is real, and the Repub- and Strykers. they have your back covered. But for lican majority would like us to look The Marine Corps reports that 1,800 every other American, you are the pay- the other way. pieces of equipment valued at over $94 off for special interests and corporate More older Americans are filing for million have been destroyed. greed. Disguise legislation with a bankruptcy because they are being Why do I mention all of these statis- phony name and let them clean your forced out of their jobs, cannot find tics? I want my colleagues and the clock over and over and over again. new ones that pay when they were American people to understand that we Debt, and pain and suffering associ- earning, and they are victims of run- are coming dangerously close to weak- ated with economic enslavement, has away health costs. ening our military, and we must under- been a major concern throughout re- stand the enormity of the problem. corded history. The Bible speaks about b 1300 And it must be known that it is going debt in the books of Exodus, Micah, But wait, there is even more. Credit to take a lot of money to fix the prob- Amos, Nehemiah, Romans, Kings, and card companies are an equal-oppor- lem. Deuteronomy, among others. I could go tunity scourge. This environment inun- The 2005 supplemental appropriation on all day long with that. That is a lot dates students, the working poor and passed by the House earlier this year of spiritual guidance. middle America with dozen of offers for includes $554 million to replace 800 So what is this all about? Economic more credit cards and more debt every worn out or damaged pieces of equip- justice is what the Bible preached, week. How many offers have you re- ment. The CBO estimates that the De- knowing full well that debt bound a ceived in the mail or on the phone this partment of Defense already needs be- person tighter than any chain, enslav- week, 3, 4, 5? The marketing is not ag- tween $13 billion and $18 billion to fund ing hope as it extracted money. For gressive. It is predatory. They tempt maintenance costs not covered in the thousands of years, spiritual leaders, you with offers that promise anything budget. And the Army will require at including John Paul, have preached a and everything. Pre-approved, pre-au- least 2 years of supplemental appro- gospel of economic justice for people thorized, platinum, gold, silver. The priations after the end of the conflict throughout the world. Instead, today truth is, the credit cards are not made in order to reset the force. I regret that we are expected to pander to corporate of plastic. They are made out of lead, the President’s 2006 budget request greed while we deny social responsi- and they are hung around your neck does not include the money we need to bility. like a yoke. replace and modernize our worn and I personally am not going to go for Does this so-called consumer protec- lost equipment. it. The legislation before us is about tion action do anything to address Mr. Speaker, the Democratic Mem- grinding people into the dirt. It is not predatory credit card marketing? bers of the Committee on Armed Serv- a fresh start, but false hope and an end- Nothing, nada, zippo. ices deeply care about our troops and less debt burden. So what exactly are the Republicans about our military. We must fulfill our The Republican majority today proposing? This bill allows millionaires constitutional duty to ensure that our would like us to condone stripping peo- to shelter their assets in bankruptcy troops have what they need to succeed ple of all of their worldly possessions by protecting an unlimited amount of wherever they are deployed. They can and then denying them the right to value in their residences. only succeed and we can only carry out hope to make a new life for themselves What about child support? our duty if we provide them sufficient and their loved ones. Well, the Republicans have a real equipment to complete their mission. Here are some facts behind the fraud deal for you. This bill, their bill, would That is going to be a long and expen- the Republican majority has in front of force women and children who are owed sive process. us: Ninety percent of those filing for child support to fight with the credit Congress, therefore, needs to take bankruptcy protection are doing so be- card companies in court for the money. prompt action, and I call on all of my cause of losing a job, a medical emer- Given the Republican knack for words, colleagues to provide the needed sup- gency, or the breakup of a family. Half they will probably call this a social port to make that happen. the personal bankruptcies in America safety net. And on and on it goes. Vote f today are because of illness or unpaid ‘‘no’’ on this bankruptcy bill. It is medical bills. bankrupt. REPUBLICAN BANKRUPTCY BILL What are the President and Repub- f MEANS FALSE HOPE AND END- lican majority doing about health LESS DEBT BURDEN FOR AMERI- care? Nothing, nada, zippo. They have RECESS CANS not touched it for the last 4 years, and The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- they will pander to the special inter- BARRETT of South Carolina). Pursuant ant to the order of the House of Janu- ests over the next 4 years. After all, to clause 12(a) of rule I, the Chair de- ary 4, 2005, the gentleman from Wash- people without health care do not go to clares the House in recess until 2 p.m. ington (Mr. MCDERMOTT) is recognized those fancy Republican fund-raisers. Accordingly (at 1 o’clock and 1 during morning hour debates for 5 min- They go to the emergency room when minute p.m.), the House stood in recess utes. they cannot avoid illness any longer. until 2 p.m. Mr. MCDERMOTT. Mr. Speaker, the Mr. Speaker, 45 million Americans Republican majority today or tomor- have no health care and no hope from f row will put before this House and the this administration, and 1.6 million b 1400 American people a WMD, a Weapon of American households filed for bank- AFTER RECESS Mass Debt. They call it the Bank- ruptcy last year. That is one measure ruptcy Abuse and Consumer Preven- of the President’s economic program he The recess having expired, the House tion Act of 2005. This legislation is as is not talking much about. The rich get was called to order at 2 p.m. far away from protecting consumers as richer and the poor get outed. f a snake oil salesman pitching an elixir Divorced women are 300 percent more to cure all of your ills. likely than a single or married woman PRAYER This legislation should be called the to file for bankruptcy because of the The Chaplain, the Reverend Daniel P. Credit Card Company Enslavement Act consequences of divorce, from lower Coughlin, offered the following prayer:

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1857 Lord God, author of truth and cre- lion, the project has grown into a 5- Raising payroll taxes is not a solu- ator of beauty, cherry blossoms in story Taj Mahal that so far has cost tion. Just look at our history. Payroll Washington usher in spring to the Na- taxpayers $454 million.’’ taxes have been increased over 20 times tion. The current final cost is estimated to since Social Security began. May new life be made manifest in be $559 million, and Citizens Against Madam Speaker, across the aisle we Congress this term, bringing glory to Government Waste describes it as hear the same old rhetoric of why Your holy name and peace and pros- ‘‘monumental waste.’’ things will not work. The question I perity to the cities and fields of the Apparently, if we want something to have for them is what are their pro- land. cost about 10 times more than it posals to fix Social Security? Lord, as You inspire creativity in should, just let the Federal Govern- The challenges with Social Security artists, engineers and scientists, also ment do it. are not Republican, and they are not stir aspirations of hopeful negotiations Those who are in charge of managing Democrat. This is a challenge for all in troublesome areas of the world and this project should be ashamed and em- Americans, and I call upon those across in the corridors of government. barrassed, but all they will probably do the aisle to help us find a solution. Let May the seeds of peace and the begin- is laugh at these comments, since the us put people above politics. nings of deeper understanding grow in money is not coming out of their pock- f the hearts and minds of Your people. ets. IT IS TIME TO END THE DEATH This we ask, now and forever. Amen. f TAX NOW f LATINOS AND SOCIAL SECURITY (Mr. SAM JOHNSON of Texas asked THE JOURNAL (Ms. SOLIS asked and was given per- and was given permission to address mission to address the House for 1 the House for 1 minute and to revise The SPEAKER. The Chair has exam- minute and to revise and extend her re- and extend his remarks.) ined the Journal of the last day’s pro- marks.) Mr. SAM JOHNSON of Texas. Madam ceedings and announces to the House Ms. SOLIS. Madam Speaker, today I Speaker, the gibberish my colleagues his approval thereof. rise to voice my concerns regarding So- just heard about is the President says Pursuant to clause 1, rule I, the Jour- cial Security privatization and how it everything’s on the table. We can re- nal stands approved. is going to affect hardworking His- form Social Security. f panics and Latino families and espe- Madam Speaker, this week the United States House will vote to elimi- PLEDGE OF ALLEGIANCE cially the women Latinas. About 46 percent of older Latinas de- nate the unfair death tax. The SPEAKER. Will the gentleman pend entirely on Social Security in re- Believe it or not, the government from New York (Mr. MCNULTY) come tirement. In fact, 60 percent of Latinas gives you a certificate at birth, a li- forward and lead the House in the over the age of 65 would live in poverty cense when you marry and a tax bill Pledge of Allegiance. if they did not receive Social Security. when you die. Is that not a shame? Mr. MCNULTY led the Pledge of Alle- If President Bush privatizes Social Taxing people when they die smacks giance as follows: Security, young Latinas in their 20s of all the things that are wrong with I pledge allegiance to the Flag of the and 30s will see their benefits cut by at the government and Washington. The death tax was created to target United States of America, and to the Repub- least 30 percent. people like the Vanderbilts and the lic for which it stands, one nation under God, Latina moms rely on Social Security indivisible, with liberty and justice for all. Rockefellers, with the original intent also if their husbands become injured of paying and winning World War I. f or die. The work injury rate for His- This bill hits hardworking Americans. panics in the year 2000 was 16 percent MESSAGE FROM THE SENATE The death tax hurts the mom-and-pop compared to 11 percent of the overall shops on Main Street, and that is just A message from the Senate by Mr. population. Therefore, Social Security not fair. Monahan, one of its clerks, announced disability benefits are particularly im- that the Senate has passed a concur- Sadly, now if a person saved for the portant for Latinas and their families. future, put some money away, built a rent resolution of the following title in The President’s plan will not help which the concurrence of the House is business, ran a farm or achieved the Latinos or our families. Let us start American Dream in other ways, the requested: talking about real solutions, helping S. Con. Res. 25. Concurrent resolution ex- death tax punishes them. our families that work very hard day That is just wrong, and it is time to pressing the sense of Congress regarding the in and day out. application of Airbus for launch aid. end the death tax now. f f f SOCIAL SECURITY ANNOUNCING 527 FAIRNESS ACT RIDICULOUS, WASTEFUL SPEND- (Mr. PRICE of Georgia asked and was ING AT THE FEDERAL LEVEL (Mr. PENCE asked and was given per- given permission to address the House mission to address the House for 1 (Mr. DUNCAN asked and was given for 1 minute.) minute and to revise and extend his re- permission to address the House for 1 Mr. PRICE of Georgia. Madam marks.) minute and to revise and extend his re- Speaker, we have heard all about the Mr. PENCE. Madam Speaker, the marks.) problems with Social Security many summer of 2004 will be remembered for Mr. DUNCAN. Mr. Speaker, the times here on the House floor: looming many years in American politics. Scripps-Howard News Service recently deficits, benefit cuts, payroll tax hikes. Groups organized on the left and the ran a story about what it describes as These problems are very real, and they right under what was known as section ‘‘Capitol Hill’s extravagant new visi- are just around the corner if we do not 527 of the Internal Revenue Code and tors center.’’ act. spent more than $300 million to support The story said: ‘‘Another year and With that being said, my colleagues candidates, while the two major polit- another $37 million in unforeseen cost across the aisle continue to criticize, ical parties and the Nation’s most re- increases’’ in what is becoming an an- continue to say to the American people spected labor unions, associations, nual sad joke. that there is no problem when, in fact, businesses, and constitutional groups There have been so many examples of the 2005 Trustees Report showed the watched in silence from the sidelines. ridiculous, wasteful spending at the problem to be crystal clear. Social Se- In response to this summer of 527s, Federal level over the last 30 or 40 curity will begin paying out more than some in Washington will bring meas- years that it seems the Federal Gov- it collects in 2017. By 2041, the Social ures to rein in the 527 groups with ernment cannot do anything in an eco- Security system as we know it will be greater government control and regula- nomical, efficient manner. insolvent with not enough money to tion, and that is certainly their right. The Scripps-Howard story said: pay 100 percent of the promised bene- The gentleman from Maryland (Mr. ‘‘Originally estimated to cost $40 mil- fits. WYNN), a Democratic Congressman,

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1858 CONGRESSIONAL RECORD — HOUSE April 12, 2005 and I have taken a different approach TWENTY-FIRST CENTURY WATER SEC. 5. MEMBERSHIP. in introducing the 527 Fairness Act in COMMISSION ACT OF 2005 (a) NUMBER AND APPOINTMENT.—The Com- mission shall be composed of 9 members who the 109th Congress. Mr. DUNCAN. Madam Speaker, I The 527 Fairness Act seeks to restore shall be appointed not later than 90 days move to suspend the rules and pass the after the date of enactment of this Act. basic fairness to the political process bill (H.R. 135) to establish the ‘‘Twen- Member shall be appointed as follows: for political parties and 501(c) organi- ty-First Century Water Commission’’ (1) 5 members appointed by the President; zations instead of attempting further to study and develop recommendations (2) 2 members appointed by the Speaker of regulation on political speech. More for a comprehensive water strategy to the House of Representatives, in consulta- freedom is always the answer of the tion with the Minority Leader of the House address future water needs. of Representatives; and difficulties and challenges and the poli- The Clerk read as follows: tics of a free society. (3) 2 members appointed by the Majority While this liberty may be a bit more H.R. 135 Leader of the Senate, in consultation with Be it enacted by the Senate and House of Rep- the Minority Leader of the Senate. chaotic and inconvenient for some in (b) QUALIFICATIONS.—Members shall be ap- the political class, as Thomas Jefferson resentatives of the United States of America in Congress assembled, pointed to the Commission from among indi- said, ‘‘I would rather be exposed to the viduals who— SECTION 1. SHORT TITLE. inconveniences attending too much lib- (1) are of recognized standing and distinc- This Act may be cited as the ‘‘Twenty- tion in water policy issues; and erty than those attending too small a First Century Water Commission Act of (2) while serving on the Commission, do degree of it.’’ 2005’’. I join the gentleman from Maryland not hold any other position as an officer or SEC. 2. FINDINGS. employee of the United States, except as a (Mr. WYNN), my colleague, in urging Congress finds that— retired officer or retired civilian employee of cosponsorship and swift passage of the (1) the Nation’s water resources will be the United States. 527 Fairness Act. under increasing stress and pressure in the (c) OTHER CONSIDERATIONS.—In appointing f coming decades; members of the Commission, every effort (2) a thorough assessment of technological shall be made to ensure that the members WINE INDUSTRY IN NORTH and economic advances that can be employed represent a broad cross section of regional CAROLINA to increase water supplies or otherwise meet and geographical perspectives in the United (Ms. FOXX asked and was given per- water needs in every region of the country is States. mission to address the House for 1 important and long overdue; and (d) CHAIRPERSON.—The Chairperson of the (3) a comprehensive strategy to increase minute and to revise and extend her re- Commission shall be designated by the Presi- water availability and ensure safe, adequate, dent. marks.) reliable, and sustainable water supplies is (e) TERMS.—Members of the Commission Ms. FOXX. Madam Speaker, I rise vital to the economic and environmental fu- shall be appointed not later than 90 days today to recognize the flourishing viti- ture of the Nation. after the date of enactment of this Act and culture industry located in North Caro- SEC. 3. ESTABLISHMENT. shall serve for the life of the Commission. lina’s 5th District. There is established a commission to be (f) VACANCIES.—A vacancy on the Commis- The Yadkin Valley is North Caro- known as the ‘‘Twenty-First Century Water sion shall not affect its operation, and shall lina’s first federally recognized Amer- Commission’’ (in this Act referred to as the be filled in the same manner as the original ican viticultural area. Located in ‘‘Commission’’). appointment provided under subsection (a). SEC. 4. DUTIES. (g) COMPENSATION AND TRAVEL EXPENSES.— northwestern North Carolina, it in- Members of the Commission shall serve The duties of the Commission shall be to— cludes all of Surry, Wilkes and Yadkin without compensation, except members shall (1) use existing water assessments and con- counties, as well as portions of Stokes, receive travel expenses, including per diem duct such additional assessments as may be in lieu of subsistence, in accordance with ap- Davie, and Forsyth counties. There are necessary to project future water supply and plicable provisions under subchapter I of currently 14 wineries and more than 400 demand; chapter 57, United States Code. acres devoted to vineyards in the (2) study current water management pro- Yadkin Valley. grams of Federal, Interstate, State, and local SEC. 6. MEETINGS AND QUORUM. These vineyards and wineries create agencies, and private sector entities directed (a) MEETINGS.—The Commission shall hold jobs and attract tourist dollars to rural at increasing water supplies and improving its first meeting not later than 60 days after the availability, reliability, and quality of the date on which all members have been ap- communities, while generating revenue pointed under section 5, and shall hold addi- for the State. They also offer an oppor- freshwater resources; and (3) consult with representatives of such tional meetings at the call of the Chair- tunity for farm diversification and agencies and entities to develop rec- person or a majority of its members. farmland preservation. ommendations consistent with laws, trea- (b) QUORUM.—A majority of the members of Vineyards in North Carolina produce ties, decrees, and interstate compacts for a the Commission shall constitute a quorum an average of nearly 3 tons per acre, comprehensive water strategy which— for the transaction of business. valued at $1,180 per ton. That is an av- (A) respects the primary role of States in SEC. 7. DIRECTOR AND STAFF. erage gross income of $3,481 per acre. adjudicating, administering, and regulating A Director shall be appointed by the The average price per ton is among the water rights and water uses; Speaker of the House of Representatives and highest in America. (B) identifies incentives intended to ensure the Majority Leader of the Senate, in con- an adequate and dependable supply of water sultation with the Minority Leader and The North Carolina Grape Council es- to meet the needs of the United States for chairmen of the Resources and Transpor- timates that North Carolina vineyards the next 50 years; tation and Infrastructure Committees of the and wineries bring in $100 million in (C) suggests strategies that avoid increased House of Representatives, and the Minority revenue per year. mandates on State and local governments; Leader and chairmen of the Energy and Nat- Congratulations to the Yadkin Val- (D) eliminates duplication and conflict ural Resources and Environment and Public ley vineyards and wineries, and I thank among Federal governmental programs; Works Committees of the Senate. The Direc- them for everything they contribute to (E) considers all available technologies and tor and any staff reporting to the Director our State and region. other methods to optimize water supply reli- shall be paid a rate of pay not to exceed the ability, availability, and quality, while safe- maximum rate of basic pay for GS–15 of the f guarding the environment; General Schedule. ANNOUNCEMENT BY THE SPEAKER (F) recommends means of capturing excess SEC. 8. POWERS AND PROCEEDINGS OF THE PRO TEMPORE water and flood water for conservation and COMMISSION. use in the event of a drought; (a) HEARINGS.—The Commission shall hold The SPEAKER pro tempore (Mrs. (G) suggests financing options for com- no fewer than 10 hearings during the life of MILLER of Michigan). Pursuant to prehensive water management projects and the Commission. Hearings may be held in clause 8 of rule XX, the Chair will post- for appropriate public works projects; conjunction with meetings of the Commis- pone further proceedings today on mo- (H) suggests strategies to conserve existing sion. The Commission may take such testi- tions to suspend the rules on which a water supplies, including recommendations mony and receive such evidence as the Com- recorded vote or the yeas and nays are for repairing aging infrastructure; and mission considers appropriate to carry out (I) includes other objectives related to the this Act. At least 1 hearing shall be held in ordered, or on which the vote is ob- effective management of the water supply to Washington, D.C., for the purpose of taking jected to under clause 6 of rule XX. ensure reliability, availability, and quality, testimony of representatives of Federal Record votes on postponed questions which the Commission shall consider appro- agencies, national organizations, and Mem- will be taken after 6:30 p.m. today. priate. bers of Congress. Other hearings shall be

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1859 scheduled in distinct geographical regions of from Georgia (Mr. LINDER), and cospon- lation, as explained by my colleague, the United States and should seek to ensure sored by a wide range of Members from would establish the 21st Century Water testimony from individuals with a diversity both parties, creates the 21st Century Policy Commission to study Federal, of experiences, including those who work on water issues at all levels of government and Water Commission to find ways to in- State, local and private water manage- in the private sector. crease and conserve water supplies. ment programs in order to develop rec- (b) INFORMATION AND SUPPORT FROM FED- The gentleman from Georgia and his ommendations for a comprehensive na- ERAL AGENCIES.—Upon request of the Com- colleagues have properly recognized tional water strategy. mission, any Federal agency shall— that water shortages are a common The objectives of H.R. 135 are not (1) provide to the Commission, within 30 problem throughout the United States. only worthwhile but a necessity for the days of its request, such information as the The goal of this legislation is for a country, and we appreciation the co- Commission considers necessary to carry out broad-based commission to recommend operation we have received from the the provisions of this Act; and (2) detail to temporary duty with the Com- a comprehensive water strategy that sponsor of the bill. I urge my col- mission on a reimbursable basis such per- recognizes and upholds the primary leagues to support the legislation. sonnel as the Commission considers nec- role of the States in administering our Madam Speaker, I yield back the bal- essary to carry out the provisions of this water laws. The commissioners, ap- ance of my time. Act, in accordance with section 5(b)(5), Ap- pointed by the President and the Con- Mr. DUNCAN. Madam Speaker, I pendix, title 5, United States Code. gress, would look at ways to improve yield such time as he may consume to SEC. 9. REPORTS. interagency coordination, eliminate the gentleman from Georgia (Mr. LIN- (a) INTERIM REPORTS.—Not later than 6 government duplication, create new fi- DER), probably the Member of this body months after the date of the first meeting of who was the first to recognize the the Commission, and every 6 months there- nancing opportunities and improve our after, the Commission shall transmit an in- Nation’s water infrastructure, among grave importance of water issues in terim report containing a detailed summary other things, all very important goals. this Nation, the distinguished primary of its progress, including meetings and hear- The commission is directed to hold sponsor of this bill. I commend the gen- ings conducted in the interim period, to— no less than 10 public hearings around tleman for his steadfast and yeoman’s (1) the President; the Nation and submit a final report no work on this legislation, and it should (2) the Committee on Resources and the later than 3 years after its first meet- be noted that one of our leading na- Committee on Transportation and Infra- ing so that this commission will not tional newspapers just a few years ago structure of the House of Representatives; wrote a series of articles saying that and drag on forever. The legislation sunsets (3) the Committee on Energy and Natural the commission within 30 days of the water would be the oil of the 21st cen- Resources and the Committee on the Envi- final report’s submission. tury. ronment and Public Works of the Senate. Madam Speaker, there is, and should Mr. LINDER. Madam Speaker, as the (b) FINAL REPORT.—As soon as practicable, be, a limited Federal role in these mat- bill’s sponsor, I rise to support H.R. 135, but not later than 3 years after the date of ters since States and localities pri- the 21st Century Water Commission the first meeting of the Commission, the marily administer water rights and Act. H.R. 135 will bring together our Commission shall transmit a final report Nation’s premier water experts to rec- containing a detailed statement of the find- know the most about them. This bill ings and conclusions of the Commission, and does not add Federal regulation to the ommend strategies for meeting our recommendations for legislation and other books. It simply creates a mechanism water challenges in the 21st century. policies to implement such findings and con- for further dialogue and potential solu- I would like to thank several Mem- clusions, to— tions for all levels of government. bers who have worked with me to bring (1) the President; This idea has come a long way since this proposal to the floor today. First, (2) the Committee on Resources and the it was originally introduced over two the gentleman from California (Mr. Committee on Transportation and Infra- Congresses ago. It has been subject to POMBO), chairman of the Committee on structure of the House of Representatives; Resources; the gentleman from Cali- and hearings and comprehensively vetted (3) the Committee on Energy and Natural through both the Committee on Re- fornia (Mr. RADANOVICH), chairman of Resources and the Committee on the Envi- sources and the Committee on Trans- the Subcommittee on Water and ronment and Public Works of the Senate. portation and Infrastructure, both of Power; the gentleman from Alaska SEC. 10. TERMINATION. which I have the privilege to serve on. (Mr. YOUNG), chairman of the Com- The Commission shall terminate not later In fact, last Congress I held a series mittee on Transportation and Infra- than 30 days after the date on which the of hearings on water supply issues, in- structure; and the gentleman from Commission transmits a final report under Tennessee (Mr. DUNCAN), chairman of section 9(b). cluding a hearing on this legislation. The witnesses who testified before my the Subcommittee on Water Resources SEC. 11. AUTHORIZATION OF APPROPRIATIONS. and Environment. There are authorized to be appropriated Subcommittee on Water Resources and $9,000,000 to carry out this Act. Environment strongly supported great- I thank the gentleman from Florida (Mr. KELLER), the former chairman of The SPEAKER pro tempore. Pursu- er planning to meet future water needs, the subcommittee and the ranking ant to the rule, the gentleman from involving all levels of government, and member, and the gentlewoman from Tennessee (Mr. DUNCAN) and the gen- supported the 21st Century Water Com- tlewoman from California (Mrs. mission Act as a means to help start California (Mrs. NAPOLITANO), who worked so hard in getting this bill to NAPOLITANO) each will control 20 min- that process. utes. It, like the identical bill passed by the floor in the past Congress. The Chair recognizes the gentleman the House in the 108th Congress, is the H.R. 135 was approved in the 108th Congress by a voice vote on November from Tennessee (Mr. DUNCAN). right solution for the right time. It re- 21, 2003. Unfortunately, the Senate GENERAL LEAVE spects the primary role that States Mr. DUNCAN. Madam Speaker, I ask play in addressing water resources failed to act on the legislation before unanimous consent that all Members issues. the Congress adjourned. Creating a comprehensive water policy to meet may have 5 legislative days within b 1415 which to revise and extend their re- the needs of the 21st century is a mat- marks and include extraneous material I urge my colleagues to adopt this bi- ter of human survival and quality of on H.R. 135, the bill under consider- partisan bill. life for the United States. I am excited ation. Madam Speaker, I reserve the bal- about continuing to move this bill The SPEAKER pro tempore. Is there ance of my time. through the legislative process early in objection to the request of the gen- Mrs. NAPOLITANO. Madam Speaker, this Congress. tleman from Tennessee? I yield myself such time as I may con- Water-related issues have been of in- There was no objection. sume. terest to me for many years. I wrote an Mr. DUNCAN. Madam Speaker, I (Mrs. NAPOLITANO asked and was article in 1978 that predicted that one yield myself such time as I may con- given permission to revise and extend of the two major challenges for our sume. her remarks.) country during the next century would H.R. 135, introduced be my good Mrs. NAPOLITANO. Madam Speaker, be providing enough fresh water for a friend, the distinguished gentleman I rise in support of H.R. 135. This legis- growing population.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1860 CONGRESSIONAL RECORD — HOUSE April 12, 2005 Since that time, about 25 years ago, get ahead of the issue, and I believe the HOUSE OF REPRESENTATIVES, COM- America still does not have an inte- Commission can serve as a channel for MITTEE ON TRANSPORTATION AND grated or comprehensive water policy, sharing the successful strategies and INFRASTRUCTURE, even with the hundreds of thousands of ideas that will allow us to do so. I ask Washington, DC, April 5, 2005. Hon. RICHARD W. POMBO, Federal, State, local and private sector my colleagues to join me in voting for Chairman, Committee on Resources, employees working to solve water H.R. 135. Washington, DC. problems. The difficulty is that there is Mr. DUNCAN. Madam Speaker, I DEAR MR. CHAIRMAN: I am writing to you little communication and coordination concerning the jurisdictional interest of the yield myself such time as I may con- Transportation and Infrastructure Com- among these experts. If we wait an- sume. other 10 or 20 years to get serious about mittee in matters being considered in H.R. meeting the demand for clean water, it Mrs. NAPOLITANO. Madam Speaker, 135, the Twenty-First Century Water Com- will the gentleman yield? mission Act of 2005. As you know, this legis- will be too late. We must act now to lation was also referred to the Transpor- meet these challenges. Mr. DUNCAN. I yield to the gentle- tation Committee. As my colleagues are aware, many woman from California. Our Committee recognizes the importance States across the Nation are currently of H.R. 135 and the need for the legislation to facing a water crisis or have in the last Mrs. NAPOLITANO. Madam Speaker, move expeditiously to the House floor. few years. Once thought to be a prob- I could not agree more with the intent Therefore, I am willing to have the Trans- lem only in the arid West, severe of the bill. I certainly hope it takes portation Committee discharged from con- droughts a few years ago caused water less than the 12 years it took to do the sideration of the bill. I would appreciate it if you would include a copy of this letter and shortages up and down the East Coast. Southern California Water Study. We do have a time frame for this to hap- your response in the Congressional Record. States once accustomed to unlimited The Committee on Transportation and In- access to water realized they were not pen. It is critical for us to recognize frastructure also asks that you support our immune to the problems that the West that all areas of our country have request to be conferees on the provisions has experienced for decades. water needs, and we need to consoli- over which we have jurisdiction during any In addition to drought, aquifers are date how we address them and be to- House-Senate conference. being challenged by salt water intru- gether with the suppliers so we can Thank you for your cooperation in this move ahead with a comprehensive plan. matter. sion, crops are being threatened, and Sincerely, our aging water pipes leak billions of Mr. DUNCAN. Madam Speaker, let DON YOUNG, gallons of freshwater in cities all over me just close by saying that although Chairman. the Nation. For example, New York this bill is not controversial and has Mr. OBERSTAR. Madam Speaker, I rise City loses 36 million gallons per day, not received a lot of publicity, that today in support of H.R. 135, a bill to establish Philadelphia loses 85 million gallons should not denigrate its significance. a commission to examine the issue of clean, per day through leaky pipes. Because of our aging clean water infra- safe, and reliable water supplies for this gen- Let me be clear about one thing. My structure, because of water supply eration and for generations to come. bill does not give the Federal Govern- problems in many parts of this Nation, Madam Speaker, water may well be the ment more direct authority or control and for all of the other reasons that most precious resource on Earth. The exist- over water. Rather, this Commission our colleague, the gentleman from ence of water set the stage for the evolution will make recommendations about how Georgia (Mr. LINDER), just mentioned, of life and is an essential ingredient of all life we can both coordinate water manage- this is a very important bill. I urge all today. ment issues on all levels so that local- of my colleagues to support it. Recognizing the importance of this vital re- ities, States, and the Federal Govern- source, the United Nations designated 2003 Madam Speaker, I submit the following ex- ment can work together to enact a as the ‘‘International Year of Freshwater.’’ Ac- comprehensive water policy to avoid change of letters on H.R. 135 for the RECORD. HOUSE OF REPRESENTATIVES, cording to the U.N., throughout the world future shortages. COMMITTEE ON RESOURCES, roughly one person in six lives without regular The 21st Century Water Commission Washington, DC, April 5, 2005. access to safe drinking water, and over twice would be an advisory body, and its rec- Hon. DON YOUNG, that number—or 2.4 billion—lack access to ommendations would be nonbinding. Chairman, Committee on Transportation and adequate sanitation. In addition, water-related Some of the highlights are these: The Infrastructure, Washington, DC. diseases kill a child every eight seconds. Commission will look for ways to en- DEAR MR. CHAIRMAN: I request your assist- In the United States, we have avoided many sure fresh water for the next 50 years. ance in scheduling H.R. 135, the Twenty- of these concerns through careful planning The Commission will be composed of First Century Water Commission Act of 2005, and decades of investment in our water infra- nine members appointed by the Presi- for consideration by the House of Represent- structure. Nationally, a combination of Federal, dent and key leaders in the House and atives. This bill was referred primarily to state, and local funds have built 16,024 waste- Senate. The Commission will look for the Committee on resources and additionally to your committee. water treatment facilities that provide service ways to eliminate duplication and con- to 190 million people, or 73 percent of the flict among Federal agencies and will As the text of this bill is identical to what total population. consider new and all available tech- passed the House of Representatives under In addition, 268 million people in the United nologies to optimize water supply reli- suspension of the rules last Congress, I ask that you allow your committee to be dis- States—or 92 percent of the total population— ability. The Commission will hold charged from further consideration of the are currently served by public drinking water hearings in distinct geographical re- bill to allow us to pass it again. Perhaps systems, which provide a safe and reliable gions of the United States and in Wash- with more time, the Senate will be able to source of drinking water for much of the na- ington, D.C., to seek a diversity of give it due consideration. tion. views, comments and inputs. Not later By allowing the Transportation and Infra- As I noted earlier, clean, safe, and reliable than 6 months after the first meeting structure Committee to be discharged, you sources of water are critical to this nation’s and every 6 months thereafter, the are not waiving any jurisdiction you may health and livelihood. However, in the past few Commission will transmit an interim have over the bill. I also agree that in the decades, a series of natural events, as well report to the Congress and to the unlikely event that this bill becomes the as, human-induced events have demonstrated President. focus of a conference committee that I will that our nation remains vulnerable to short- A final report will be due within 3 support your request to be represented on ages of water. years of the Commission’s inception. that conference. Finally, I agree that this In my own State, we have experienced discharge will not serve as precedent for fu- The report will include a detailed ture referrals. shortages of snowfall and rain which have had statement of findings and conclusions an adverse impact on local water supplies, ag- of the Commission, as well as rec- Thank you for your consideration of my riculture, and recreation and tourism, and have request. I look forward to another Congress ommendations for legislation and other of extraordinary cooperation between our contributed to historically low water levels in policies. committees on matters of mutual interest. the Great Lakes. One thing is certain: no area The United States cannot afford to Sincerely, of this country is immune to the threat of di- reevaluate its water policies every RICHARD W. POMBO, minished water supplies. We must be vigilant time a crisis hits. Now is the time to Chairman. in preparing for such occurrences.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1861 This bill is a part of the debate on the very The Clerk read as follows: from appropriation or disposal under the important issue of water resource planning in H.R. 482 public land laws are revoked to the extent this country. The gentleman from Georgia, Mr. Be it enacted by the Senate and House of Rep- necessary to permit disposal of the Federal land. LINDER, has taken an important step in en- resentatives of the United States of America in Congress assembled, (2) WITHDRAWAL OF FEDERAL LAND.—Sub- couraging this debate, calling for the creation ject to valid existing rights, pending the SECTION 1. SHORT TITLE. of a Federal commission to examine issues completion of the land exchange, the Federal related to national water resource planning, This Act may be cited as the ‘‘Pine Springs Land Exchange Act’’. land is withdrawn from all forms of location, entry and patent under the public land laws, and to report its findings on potential ways to SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL insure against large-scale water shortages in FOREST, NEW MEXICO. including the mining and mineral leasing the future. (a) DEFINITIONS.—In this section: laws and the Geothermal Steam Act of 1970 While I believe that the legislation intro- (1) FEDERAL LAND.—The term ‘‘Federal (30 U.S.C. 1001 et seq.). (f) ADMINISTRATION OF LAND ACQUIRED BY duced by our colleague is a good starting land’’ means the three parcels of land, and any improvements thereon, comprising ap- UNITED STATES.— point, we must be sure to examine fully all of (1) BOUNDARY ADJUSTMENT.—Upon accept- the relevant issues for ensuring adequate sup- proximately 80 acres in the Lincoln National Forest, New Mexico, as depicted on the map ance of title by the Secretary of the non- plies of clean and safe water to meet current entitled ‘‘Pine Springs Land Exchange’’ and Federal land, the acquired land shall become and future needs. dated May 25, 2004, and more particularly de- part of the Lincoln National Forest, and the For example, water resource planning scribed as S1/2SE1/4NW1/4, SW1/4SW1/4, W1/ boundaries of the Lincoln National Forest should work toward increasing the efficiency of 2E1/2NW1/4SW1/4, and E1/2W1/2NW1/4SW1/4 of shall be adjusted to include the land. For water consumption as well as increasing the section 32 of township 17 south, range 13 east, purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– supply of water. Simply increasing the supply New Mexico Principal Meridian. (2) NON-FEDERAL LAND.—The term ‘‘non- 9), the boundaries of the Lincoln National of water can be a more costly approach to Forest, as adjusted pursuant to this para- meeting future water needs, and in any case, Federal land’’ means the parcel of land owned by Lubbock Christian University com- graph, shall be considered to be boundaries merely postpones any potential water resource prising approximately 80 acres, as depicted of the Lincoln National Forest as of January crisis. on the map referred to in paragraph (1) and 1, 1965. In addition, it is important to remember that more particularly described as N1/2NW1/4 of (2) MANAGEMENT.—The Secretary shall issues of water supply are closely related to section 24 of township 17 south, range 12 east, manage the acquired land in accordance with water quality. Contaminated sources of fresh- New Mexico Principal Meridian. the Act of March 1, 1911 (commonly known water are of little use to the Nation’s health or (b) LAND EXCHANGE REQUIRED.— as the Weeks Act; 16 U.S.C. 480, 500, 513–519, 521, 552, 563), and in accordance with the livelihood; removing contaminants drives up (1) EXCHANGE.—In exchange for the convey- ance of the non-Federal land by Lubbock other laws and regulations applicable to Na- the overall cost of providing safe and reliable Christian University, the Secretary of Agri- tional Forest System lands. water resources to our people. culture shall convey to Lubbock Christian (g) RELATION TO OTHER LAWS.—Sub- In addition, human activities, whether University, by quit-claim deed, all right, chapters II and III of chapter 5 of title 40, through the pollution of waterbodies from point title, and interest of the United States in United States Code, and the Agriculture or non-point sources, the elimination of natural and to the Federal land. The conveyance of Property Management Regulations shall not filtration abilities of wetlands, or through the the Federal land shall be subject to valid ex- apply to any action taken pursuant to this section. destruction and elimination of aquifer recharge isting rights and such additional terms and points, can have a significant impact on avail- conditions as the Secretary considers appro- The SPEAKER pro tempore. Pursu- able supplies of usable water. priate to protect the interests of the United ant to the rule, the gentleman from States. We cannot base our future water resource Tennessee (Mr. DUNCAN) and the gen- (2) ACCEPTABLE TITLE.—Title to the non- tlewoman from California (Mrs. planning needs on the possibility of finding Federal land shall conform with the title ap- ‘‘new’’ sources of freshwater while, at the proval standards of the Attorney General ap- NAPOLITANO) each will control 20 min- same time, tolerating practices that destroy or plicable to Federal land acquisitions and utes. contaminate existing sources. All the water shall otherwise be acceptable to the Sec- The Chair recognizes the gentleman there ever was or ever will be on this planet retary. from Tennessee (Mr. DUNCAN). is with us now; we must spare no effort to be (3) COSTS OF IMPLEMENTING THE EX- GENERAL LEAVE vigilant and careful stewards of that water. CHANGE.—The costs of implementing the land Mr. DUNCAN. Madam Speaker, I ask exchange shall be shared equally by the Sec- I urge my colleagues to support the bill. unanimous consent that all Members retary and Lubbock Christian University. may have 5 legislative days within Mr. DUNCAN. Madam Speaker, I (4) COMPLETION.—Subject to paragraph (2), yield back the balance of my time. the Secretary shall complete, to the extent which to revise and extend their re- The SPEAKER pro tempore (Mrs. practicable, the land exchange not later than marks and include extraneous material MILLER of Michigan). The question is 180 days after the date of the enactment of on the bill under consideration. on the motion offered by the gen- this Act. The SPEAKER pro tempore. Is there tleman from Tennessee (Mr. DUNCAN) (c) TREATMENT OF MAP AND LEGAL DESCRIP- objection to the request of the gen- that the House suspend the rules and TIONS.—The Secretary and Lubbock Chris- tleman from Tennessee? tian University may correct any minor error There was no objection. pass the bill, H.R. 135. in the map referred to in subsection (a)(1) or The question was taken. the legal descriptions of the Federal land and Mr. DUNCAN. Madam Speaker, I The SPEAKER pro tempore. In the non-Federal land. In the event of a discrep- yield myself such time as I may con- opinion of the Chair, two-thirds of ancy between the map and legal descriptions, sume. those present have voted in the affirm- the map shall prevail unless the Secretary H.R. 482 would authorize a land ex- ative. and Lubbock Christian University otherwise change involving Federal lands in the Mr. DUNCAN. Madam Speaker, on agree. The map shall be on file and available Lincoln National Forest in the State of for inspection in the Office of the Chief of New Mexico. This legislation would ex- that I demand the yeas and nays. the Forest Service and the Office of the Su- The yeas and nays were ordered. pervisor of Lincoln National Forest. change 80 acres between the Lincoln The SPEAKER pro tempore. Pursu- (d) EQUAL VALUE EXCHANGES.—The fair National Forest and Lubbock Christian ant to clause 8 of rule XX and the market values of the Federal land and non- University for a much-needed expan- Chair’s prior announcement, further Federal land exchanged under subsection (b) sion of the University’s Pine Springs proceedings on this motion will be shall be equal or, if they are not equal, shall Camp. The camp is used in the summer be equalized in the manner provided in sec- for week-long camp sessions and uti- postponed. tion 206 of the Federal Land Policy Manage- f ment Act of 1976 (43 U.S.C. 1716). The fair lized in the winter by college groups, market value of the land shall be determined youth groups, and churches for re- PINE SPRINGS LAND EXCHANGE by appraisals acceptable to the Secretary treats. ACT and Lubbock Christian University. The ap- In recent years, the camp has seen an Mr. DUNCAN. Madam Speaker, I praisals shall be performed in conformance increase in visitors and will soon run move to suspend the rules and pass the with subsection (d) of such section and the out of room, forcing the camp to turn bill (H.R. 482) to provide for a land ex- Uniform Appraisal Standards for Federal visitors away. Both the camp and Lub- Land Acquisitions. change involving Federal lands in the (e) REVOCATION AND WITHDRAWAL.— bock Christian University are non- Lincoln National Forest in the State of (1) REVOCATION OF ORDERS.—Any public or- profit. I urge all of my colleagues to New Mexico, and for other purposes. ders withdrawing any of the Federal land support this important measure.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1862 CONGRESSIONAL RECORD — HOUSE April 12, 2005 Madam Speaker, I reserve the bal- This is a like-kind exchange between (b) CONVEYANCE ON CONDITION SUBSE- ance of my time. two pieces of property. This bill pro- QUENT.—Subject to valid existing rights and Mrs. NAPOLITANO. Madam Speaker, vides for if there is perceived to be the condition stated in subsection (e), the I yield myself such time as I may con- some difference in compensation. This Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in sume. bill gets this off center. This request this section as the ‘‘Secretary’’), not later (Mrs. NAPOLITANO asked and was has been pending for a couple of years, than 90 days after the date of enactment of given permission to revise and extend and we are able to expedite this issue this Act, shall convey to Lander County, Ne- her remarks.) and get it in place. I think that is good vada (referred to in this section as the Mrs. NAPOLITANO. Madam Speaker, public policy. I urge my colleagues to ‘‘county’’), for no consideration, all right, the Lincoln National Forest land ex- support and pass H.R. 482. title, and interest of the United States in changes takes approximately 80 acres Mrs. NAPOLITANO. Madam Speaker, and to the parcel of land described in sub- of forest land in the Lincoln National I yield back the balance of my time. section (c). (c) DESCRIPTION OF LAND.—The parcel of Forest and exchanges that for private Mr. DUNCAN. Madam Speaker, I land referred to in subsection (b) is the par- land currently owned by Lubbock yield myself the balance of my time. cel of National Forest System land (includ- Christian University. I would hope that Madam Speaker, I simply want to ing any improvements on the land) known as this is in perpetuity rather than to be close by commending the gentleman ‘‘Kingston Cemetery’’, consisting of approxi- put up for sale at some time in the fu- from Texas (Mr. NEUGEBAUER) for his mately 10 acres and more particularly de- ture. This has been a very grave area very fine work on this legislation. This scribed as SW1/4SE1/4SE1/4 of section 36, T. for me. is a very worthwhile land exchange. I 16N., R. 43E., Mount Diablo Meridian. urge all of my colleagues to support it. (d) EASEMENT.—At the time of the convey- Our committee worked hard in the ance under subsection (b), subject to sub- 108th Congress to refine the language Madam Speaker, I yield back the bal- section (e)(2), the Secretary shall grant the that would make this exchange fair to ance of my time. county an easement allowing access for per- the American taxpayer. The bill we are The SPEAKER pro tempore. The sons desiring to visit the cemetery and other considering today requires that the ex- question is on the motion offered by cemetery purposes over Forest Development change be of equal value. If the land the gentleman from Tennessee (Mr. Road #20307B, notwithstanding any future appraisers determine the parcels are DUNCAN) that the House suspend the closing of the road for other use. rules and pass the bill, H.R. 482. (e) CONDITION ON USE OF LAND.— not of equal value, the bill provides for (1) IN GENERAL.—The county (including its equalization of values through cash The question was taken; and (two- thirds having voted in favor thereof) successors) shall continue the use of the par- payment. cel conveyed under subsection (b) as a ceme- We are aware that land exchanges the rules were suspended and the bill tery. can often be controversial and contrary was passed. (2) REVERSION.—If the Secretary, after no- A motion to reconsider was laid on to the public interest. However, in this tice to the county and an opportunity for a the table. case we have worked to ensure a fair hearing, makes a finding that the county has deal which both improves the National f used or permitted the use of the parcel for any purpose other than the purpose specified Forest by consolidating land ownership DIRECTING CONVEYANCE OF CER- in paragraph (1), and the county fails to dis- and enables Lubbock Christian Univer- TAIN LAND TO LANDER COUNTY, continue that use— sity to extend its summer camp. NEVADA, AND TO EUREKA COUN- (A) title to the parcel shall revert to the Madam Speaker, I reserve the bal- TY, NEVADA, FOR CONTINUED United States to be administered by the Sec- ance of my time. USE AS CEMETERIES retary; and Mr. DUNCAN. Madam Speaker, I (B) the easement granted to the county Mr. DUNCAN. Madam Speaker, I under subsection (d) shall be revoked. yield such time as he may consume to move to suspend the rules and pass the the gentleman from Texas (Mr. (3) WAIVER.—The Secretary may waive the bill (H.R. 541) to direct the Secretary of application of paragraph (2)(A) or (2)(B) if NEUGEBAUER), the author of this legis- Agriculture to convey certain land to the Secretary determines that such a waiver lation. Lander County, Nevada, and the Sec- would be in the best interests of the United Mr. NEUGEBAUER. Madam Speaker, retary of the Interior to convey certain States. H.R. 482 provides for a small land ex- land to Eureka County, Nevada, for SEC. 2. CONVEYANCE TO EUREKA COUNTY, NE- change between Lincoln National For- VADA. continued use as cemeteries. est in New Mexico and Lubbock Chris- (a) FINDINGS.—Congress finds the fol- The Clerk read as follows: lowing: tian University in my district. This H.R. 541 land exchange is a fair exchange and (1) The historical use by settlers and trav- Be it enacted by the Senate and House of Rep- provides benefits for both parties. elers since the late 1800s of the cemetery resentatives of the United States of America in known as ‘‘Maiden’s Grave Cemetery’’ in One of the good things about this ex- Congress assembled, Beowawe, Nevada, predates incorporation of change is that we are exchanging 80 SECTION 1. CONVEYANCE TO LANDER COUNTY, the land within the jurisdiction of the Bu- acres of pristine land that LCU cur- NEVADA. reau of Land Management on which the cem- rently controls that has National For- (a) FINDINGS.—Congress finds that the fol- etery is situated. est all of the way around it, giving that lowing: (2) It is appropriate that such use be con- 80 acres back so we do not have a (1) The historical use by settlers and trav- tinued through local public ownership of the elers since the late 1800’s of the cemetery parcel rather than through the permitting doughnut in the middle of a National known as ‘‘Kingston Cemetery’’ in Kingston, Forest, in consideration for 80 acres ad- process of the Federal agency. Nevada, predates incorporation of the land (b) CONVEYANCE ON CONDITION SUBSE- jacent to a camp that is already up and within the jurisdiction of the Forest Service QUENT.—Subject to valid existing rights and going and has many facilities already on which the cemetery is situated. the condition stated in subsection (e), the on it and is serving many young people (2) It is appropriate that that use be con- Secretary of the Interior, acting through the in the summertime. And in the fall and tinued through local public ownership of the Director of the Bureau of Land Management the winter, adult groups are able to parcel rather than through the permitting (referred to in this section as the ‘‘Sec- utilize this facility. process of the Federal agency. retary’’), not later than 90 days after the I thank the gentleman from New (3) In accordance with Public Law 85–569 date of enactment of this Act, shall convey (commonly known as the ‘‘Townsite Act’’; 16 to Eureka County, Nevada (referred to in Mexico (Mr. PEARCE). This land is in U.S.C. 478a), the Forest Service has conveyed this section as the ‘‘county’’), for no consid- his district. The gentleman from New to the Town of Kingston 1.25 acres of the eration, all right, title, and interest of the Mexico (Mr. PEARCE) has been very co- land on which historic gravesites have been United States in and to the parcel of land de- operative, and we appreciate that. I identified. scribed in subsection (c). also thank the gentleman from Cali- (4) To ensure that all areas that may have (c) DESCRIPTION OF LAND.—The parcel of fornia (Mr. POMBO) and the Committee unmarked gravesites are included, and to en- land referred to in subsection (b) is the par- on Resources for their work and thank sure the availability of adequate gravesite cel of public land (including any improve- them for getting this to the floor for a space in future years, an additional parcel ments on the land) known as ‘‘Maiden’s consisting of approximately 8.75 acres should Grave Cemetery’’, consisting of approxi- vote so that LCU can begin putting im- be conveyed to the county so as to include mately 10 acres and more particularly de- provements on this land, and hopefully the total amount of the acreage included in scribed as S1/2NE1/4SW1/4SW1/4, N1/2SE1/ some of those improvements may be the original permit issued by the Forest 4SW1/4SW1/4 of section 10, T.31N., R.49E., available for this summer. Service for the cemetery. Mount Diablo Meridian.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1863 (d) EASEMENT.—At the time of the convey- Madam Speaker, I reserve the bal- Specifically, the town of Kingston, ance under subsection (b), subject to sub- ance of my time. Nevada, needs an additional 8.75 acres section (e)(2), the Secretary shall grant the Mrs. NAPOLITANO. Madam Speaker, to be added to the town’s cemetery in county an easement allowing access for per- I yield myself such time as I may con- order to protect unmarked graves and sons desiring to visit the cemetery and other cemetery purposes over an appropriate ac- sume. make space available for future grave cess route consistent with current access. (Mrs. NAPOLITANO asked and was sites. The bill also authorizes the con- (e) CONDITION ON USE OF LAND.— given permission to revise and extend veyance of 10 acres of disposable land (1) IN GENERAL.—The county (including its her remarks.) to Eureka County, Nevada, for contin- successors) shall continue the use of the par- Mrs. NAPOLITANO. Madam Speaker, ued use as the Maiden’s Grave Ceme- cel conveyed under subsection (b) as a ceme- as a general rule, when Congress trans- tery. tery. fers Federal lands into other hands, the Both of these parcels, Madam Speak- (2) REVERSION.—If the Secretary, after no- United States taxpayers should be er, have been historically used as tice to the county and an opportunity for a compensated for the fair market value hearing, makes a finding that the county has cemeteries since the 1800s, well before used or permitted the use of the parcel for of the lands being transferred. In this either the Forest Service or the BLM any purpose other than the purpose specified instance, however, the locations of was ever created. However, the land in paragraph (1), and the county fails to dis- these parcels as well as the fact that the cemeteries reside on is owned by continue that use— they are currently in use as local ceme- the Federal Government today. Ninety (A) title to the parcel shall revert to the teries, and I have no idea how long it percent of the land mass in both Eure- United States to be administered by the Sec- has been used as cemeteries but I am ka and Lander counties is owned by the retary; and assuming it has been a while, justify Federal Government; 90 percent. To (B) the easement granted to the county the making of these transfers free of under subsection (d) shall be revoked. give my colleagues an idea of the scale (3) WAIVER.—The Secretary may waive the charge. As a result, we will not oppose of this conveyance, the acres requested application of paragraph (2)(A) or (2)(B) if H.R. 541. by Lander County represent a mere the Secretary determines that such a waiver Madam Speaker, I reserve the bal- two-thousandths of a percent of the would be in the best interests of the United ance of my time. total land owned by the Federal Gov- States. Mr. DUNCAN. Madam Speaker, I ernment in just that county. In Eureka The SPEAKER pro tempore. Pursu- yield such time as he may consume to County, the size of the conveyance is ant to the rule, the gentleman from the very distinguished gentleman from four-thousandths of a percent of the Tennessee (Mr. DUNCAN) and the gen- Nevada (Mr. GIBBONS). Federal Government’s holdings in that tlewoman from California (Mrs. Mr. GIBBONS. Madam Speaker, I county. NAPOLITANO) each will control 20 min- thank my good friend and colleague As my colleagues can see, the size of utes. from Tennessee (Mr. DUNCAN) for al- the conveyance is minuscule, but the The Chair recognizes the gentleman lowing me time to speak on this bill, impact on the communities and those from Tennessee (Mr. DUNCAN). and I would also like to thank my good who have loved ones buried in these GENERAL LEAVE friend from California (Mrs. cemeteries is large. Relying on the Mr. DUNCAN. Madam Speaker, I ask NAPOLITANO) for her support of this bill Federal permitting process to ensure unanimous consent that all Members as well. that these cemeteries remain used as may have 5 legislative days within Madam Speaker, I rise in strong sup- cemeteries has been a source of uncer- which to revise and extend their re- port of H.R. 541, a bill I introduced in tainty to the residents of these com- marks and include extraneous material the 108th Congress. The purpose of H.R. munities for many years. It is our in- on the bill under consideration. 541 is to direct the Secretary of Agri- tention through this bill to convey a The SPEAKER pro tempore. Is there culture to convey certain land to Land- small amount of Federal land to pro- objection to the request of the gen- er County, Nevada, and the Secretary vide for the preservation and access to tleman from Tennessee? of the Interior to convey certain land the residents of these communities There was no objection. to Eureka County, Nevada, for contin- with respect to the graves of their an- ued use, as was said by my friend, for cestors. These land conveyances to the b 1430 public cemeteries. This same legisla- local governments will preserve these Mr. DUNCAN. Madam Speaker, I tion passed under suspension of the historic sites that are not only a part yield myself such time as I may con- rules in the House in the 108th Con- of America’s and Nevada’s history but sume. gress. Unfortunately, the legislation part of Nevada’s families. H.R. 541 directs the Secretary of Ag- was not acted upon in a timely manner I urge my colleagues to unanimously riculture to convey certain land to by the other body; and I am pleased, support this legislation that means so Lander County, Nevada, and the Sec- Madam Speaker, to have the oppor- much to these two communities. I retary of the Interior to convey certain tunity to revisit this issue now in the want to again thank you, Madam land to Eureka County, Nevada, for 109th Congress. Speaker, for the opportunity to speak continued use as public cemeteries. With over 90 percent of our State’s in support of this important legisla- Specifically, the town of Kingston, Ne- land being owned by the Federal Gov- tion, and I urge an ‘‘aye’’ vote on it. vada, requires an additional 8.75 acres ernment, Nevada has the highest per- Mrs. NAPOLITANO. Madam Speaker, of Forest Service land to supplement centage of public-land ownership of all I yield myself such time as I may con- the 1.25 acres of Forest Service land the States in the Union. There are sume. conveyed to it in 2000 for the town’s many challenges that come with such a I certainly want to add my support of cemetery. The additional acreage high share of public lands. One that the bill. My understanding is there would ensure that areas of unmarked may surprise my colleagues is that were 1.2 acres allocated to the same graves are included in the town’s ceme- even the burial of our loved ones and group back in 2000 and now this addi- tery and that space is available for fu- the preservation of the grave sites of tional land. I realize it is minuscule, ture graves in Kingston Cemetery. In our ancestors are impacted by Federal but certainly be it far from us to be in addition, H.R. 541 would authorize the land ownership. denial of a proper respect of those who Bureau of Land Management to convey H.R. 541 authorizes the conveyance of are buried there in the unmarked 10 acres of disposable land to Eureka public land to the respective control of graves. I concur and urge support. County, Nevada, for continued use at Lander and Eureka counties for contin- Madam Speaker, I yield back the bal- Maiden’s Grave Cemetery. ued use as public cemeteries. My bill is ance of my time. H.R. 541 is supported by the majority designed to return these cemeteries to Mr. DUNCAN. Madam Speaker, I and the minority of the Committee on the local communities and eliminate yield myself such time as I may con- Resources and is identical to legisla- the red tape and uncertainty associ- sume. tion that passed the House of Rep- ated with the Federal permitting proc- The land involved here is approxi- resentatives by voice vote during the ess the cemeteries are currently re- mately 20 acres. Many of us believe 108th Congress. I urge adoption of the quired to go through in order to oper- that the Federal Government owns far bill. ate today. too much land in the State of Nevada

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1864 CONGRESSIONAL RECORD — HOUSE April 12, 2005 already. Frankly, as our colleague ury of the United States an interest bearing lars of the Department of the Interior and from Nevada pointed out, this makes account to be known as the ‘‘Southern Cali- the Office of Management and Budget. two one-thousandths of 1 percent, fornia Groundwater Remediation Fund’’. (e) AUTHORIZATION OF APPROPRIATIONS.— which is a minuscule part of the State (2) ADMINISTRATION OF REMEDIATION FUND.— There is authorized to be appropriated to the The Remediation Fund shall be administered Remediation Fund $50,000,000. Such funds of Nevada, and so I think this is very by the Secretary, acting through the Bureau shall remain available until expended. Sub- worthwhile legislation. I commend the of Reclamation. The Secretary shall admin- ject to the limitations in section 4, such gentleman from Nevada for bringing ister the Remediation Fund in cooperation funds shall remain available until expended. this to the attention of the House, and with the local water authority. SEC. 4. SUNSET OF AUTHORITY. I urge the passage of this legislation. (3) PURPOSES OF REMEDIATION FUND.— This Act— Madam Speaker, I yield back the bal- (A) IN GENERAL.—Subject to subparagraph (1) shall take effect on the date of the en- ance of my time. (B), the amounts in the Remediation Fund, actment of this Act; and The SPEAKER pro tempore (Mrs. including interest accrued, shall be used by (2) is repealed effective as of the date that the Secretary to provide grants to the local is 10 years after the date of the enactment of MILLER of Michigan). The question is water authority to reimburse the local water on the motion offered by the gen- this Act. authority for the Federal share of the costs The SPEAKER pro tempore. Pursu- tleman from Tennessee (Mr. DUNCAN) associated with designing and constructing that the House suspend the rules and groundwater remediation projects to be ad- ant to the rule, the gentleman from pass the bill, H.R. 541. ministered by the local water authority. Tennessee (Mr. DUNCAN) and the gen- The question was taken. (B) COST-SHARING LIMITATION.— tlewoman from California (Mrs. The SPEAKER pro tempore. In the (i) IN GENERAL.—The Secretary may not NAPOLITANO) each will control 20 min- opinion of the Chair, two-thirds of obligate any funds appropriated to the Re- utes. those present have voted in the affirm- mediation Fund in a fiscal year until the The Chair recognizes the gentleman Secretary has deposited into the Remedi- from Tennessee (Mr. DUNCAN). ative. ation Fund an amount provided by non-Fed- GENERAL LEAVE Mr. DUNCAN. Madam Speaker, on eral interests sufficient to ensure that at that I demand the yeas and nays. least 35 percent of any funds obligated by the Mr. DUNCAN. Madam Speaker, I ask The yeas and nays were ordered. Secretary for a groundwater remediation unanimous consent that all Members The SPEAKER pro tempore. Pursu- project are from funds provided to the Sec- may have 5 legislative days to revise ant to clause 8 of rule XX and the retary for that project by the non-Federal and extend their remarks and include Chair’s prior announcement, further interests. extraneous material on the bill under proceedings on this motion will be (ii) NON-FEDERAL RESPONSIBILITY.—Each consideration. postponed. local water authority shall be responsible for The SPEAKER pro tempore. Is there providing the non-Federal amount required f by clause (i) for projects under that local objection to the request of the gen- water authority. The State of California, tleman from Tennessee? SOUTHERN CALIFORNIA There was no objection. GROUNDWATER REMEDIATION ACT local government agencies, and private enti- ties may provide all or any portion of the Mr. DUNCAN. Madam Speaker, I Mr. DUNCAN. Madam Speaker, I non-Federal amount. yield myself such time as I may con- move to suspend the rules and pass the (iii) CREDITS TOWARD NON-FEDERAL SHARE.— sume. bill (H.R. 18) to authorize the Secretary For purposes of clause (ii), the Secretary Madam Speaker, H.R. 18, authored by of the Interior, acting through the Bu- shall credit the appropriate local water au- the gentleman from California (Mr. thority with the value of all prior expendi- reau of Reclamation and in coordina- BACA), authorizes the Secretary of the tures by non-Federal interests made after tion with other Federal, State, and January 1, 2000, that are compatible with the Interior to participate in the funding local government agencies, to partici- purposes of this section, including— and implementation of a balanced, pate in the funding and implementa- (I) all expenditures made by non-Federal long-term groundwater remediation tion of a balanced, long-term ground- interests to design and construct ground- program. This bill establishes a limited water remediation program in Cali- water remediation projects, including ex- Federal fund to resolve groundwater fornia, and for other purposes, as penditures associated with environmental problems in the Santa Ana, California, amended. analyses, and public involvement activities watershed. This area has approxi- The Clerk read as follows: that were required to implement the ground- mately 30 major water wells that are water remediation projects in compliance H.R. 18 with applicable Federal and State laws; and currently shut down or are out of pro- Be it enacted by the Senate and House of Rep- (II) all expenditures made by non-Federal duction due to groundwater contami- resentatives of the United States of America in interests to acquire lands, easements, rights- nation from man-made and naturally- Congress assembled, of-way, relocations, disposal areas, and occurring chemicals. For example, a SECTION 1. SHORT TITLE. water rights that were required to imple- local perchlorate plume has impacted This Act may be cited as the ‘‘Southern ment a groundwater remediation project. 250,000 residents in Rialto, California. California Groundwater Remediation Act’’. (b) COMPLIANCE WITH APPLICABLE LAW.—In This bill is just one small, but very SEC. 2. DEFINITIONS. carrying out the activities described in this important, part of a comprehensive so- For the purposes of this Act: section, the Secretary shall comply with any lution to resolve a water emergency. (1) GROUNDWATER REMEDIATION.—The term applicable Federal and State laws. The House passed identical legislation ‘‘groundwater remediation’’ means actions (c) RELATIONSHIP TO OTHER ACTIVITIES.— that are necessary to prevent, minimize, Nothing in this section shall be construed to in the 108th Congress. I urge my col- clean up, or mitigate damage to ground- affect other Federal or State authorities leagues to once again adopt this meas- water. that are being used or may be used to facili- ure. (2) LOCAL WATER AUTHORITY.—The term tate remediation and protection of the Madam Speaker, I reserve the bal- ‘‘local water authority’’ means a currently groundwater the natural watershed of the ance of my time. existing (on the date of the enactment of Santa Ana River in the State of California. Mrs. NAPOLITANO. Madam Speaker, this Act) public water district, public water In carrying out the activities described in I yield myself such time as I may con- utility, public water planning agency, mu- this section, the Secretary shall integrate sume. nicipality, or Indian Tribe located within the such activities with ongoing Federal and natural watershed of the Santa Ana River in State projects and activities. None of the (Mrs. NAPOLITANO asked and was the State of California. funds made available for such activities pur- given permission to revise and extend (3) REMEDIATION FUND.—The term ‘‘Reme- suant to this section shall be counted her remarks.) diation Fund’’ means the Southern Cali- against any Federal authorization ceiling es- Mrs. NAPOLITANO. Madam Speaker, fornia Groundwater Remediation Fund es- tablished for any previously authorized Fed- we strongly support passage of H.R. 18 tablished pursuant to section 3(a). eral projects or activities. which will provide financial assistance (4) SECRETARY.—The term ‘‘Secretary’’ (d) FINANCIAL STATEMENTS AND AUDITS.— for cleaning up contaminated drinking means the Secretary of the Interior. The Secretary shall ensure that all funds ob- water supplies in the Santa Ana River SEC. 3. SOUTHERN CALIFORNIA GROUNDWATER ligated and disbursed under this Act and ex- watershed in Southern California. REMEDIATION. pended by a local water authority, are ac- (a) SOUTHERN CALIFORNIA GROUNDWATER counted for in accordance with generally ac- There have been many problems in REMEDIATION.— cepted accounting principles and are sub- Southern California as well as in other (1) ESTABLISHMENT OF REMEDIATION FUND.— jected to regular audits in accordance with parts of the Nation that deal with per- There shall be established within the Treas- applicable procedures, manuals, and circu- chlorate, and this is just but one of

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1865 them. We hope that we will be able to area. There is a perchlorate plume in the rules were suspended and the bill, shed some light on how we can do a the Inland Empire in California that is as amended, was passed. better job of assisting our communities 10 miles long and is growing every day, A motion to reconsider was laid on in being able to put that water back to and that includes my hometown, which the table. good use, and that is by working with I am a resident of, in Rialto. Per- f the municipalities. chlorate has impacted the daily lives of COLORADO RIVER INDIAN RES- I commend the principal sponsor of all of us, and we want to make sure ERVATION BOUNDARY CORREC- H.R. 18, the gentleman from California that there is safe drinking water in the TION ACT (Mr. BACA), for his determination and area. We have a legal and moral obliga- hard work to get this legislation en- tion to provide safe and healthy water Mr. DUNCAN. Madam Speaker, I acted. I also greatly appreciate the to the families and children who drink move to suspend the rules and pass the support and leadership demonstrated this water every day. bill (H.R. 794) to correct the south by the gentleman from California (Mr. But perchlorate contamination is boundary of the Colorado River Indian POMBO) on this very critical and impor- more than just a health concern. The Reservation in Arizona, and for other tant matter. economic cost in providing safe drink- purposes. Madam Speaker, I yield 5 minutes to ing water is becoming more and more The Clerk read as follows: my friend and colleague from Southern of a burden on our communities. Nine- H.R. 794 California (Mr. BACA) who has been ty percent of perchlorate in water Be it enacted by the Senate and House of Rep- very, very adamant about getting this comes from a Federal source. This in- resentatives of the United States of America in addressed. cludes DOD, NASA, and other Federal Congress assembled, (Mr. BACA asked and was given per- agencies. Innocent, hardworking fami- SECTION 1. SHORT TITLE, FINDINGS, PURPOSES. mission to revise and extend his re- lies should not have to pay for feder- (a) SHORT TITLE.—This Act may be cited as marks.) ally created problems or problems for the ‘‘Colorado River Indian Reservation Mr. BACA. First of all, Madam which no one will take the responsi- Boundary Correction Act’’. (b) FINDINGS.—Congress finds the fol- Speaker, I would like to thank the gen- bility. I urge my colleagues to support H.R. lowing: tleman from Tennessee (Mr. DUNCAN) (1) The Act of March 3, 1865, created the for his support and his eloquent presen- 18, which is a small price to pay for the Colorado River Indian Reservation (herein- tation of the legislation before us and crisis that has been forced on Southern after ‘‘Reservation’’) along the Colorado as well the gentlewoman from Cali- Californians. I would like to thank the River in Arizona and California for the ‘‘In- fornia (Mrs. NAPOLITANO) in support of gentleman from California (Mr. POMBO) dians of said river and its tributaries’’. this legislation that impacts the State for his leadership and carrying legisla- (2) In 1873 and 1874, President Grant issued of California, especially Southern Cali- tion in the northern portion of Cali- Executive Orders to expand the Reservation southward and to secure its southern bound- fornia, as it pertains to perchlorate. fornia to deal with the problems that we have. I would like to thank the gen- ary at a clearly recognizable geographic lo- Madam Speaker, I rise in support of cation in order to forestall non-Indian en- H.R. 18, the Southern California tlewoman from California (Mrs. croachment and conflicts with the Indians of Groundwater Remediation Act. This NAPOLITANO), the gentleman from Cali- the Reservation. legislation passed the House in Sep- fornia (Mr. CALVERT), the gentleman (3) In 1875, Mr. Chandler Robbins surveyed tember 2004, and it was H.R. 4606. from California (Mr. GARY G. MILLER), the Reservation (hereinafter ‘‘the Robbins Today, I fight to protect Southern and the gentleman from California (Mr. Survey’’) and delineated its new southern Californians from the growing crisis of ROHRABACHER) for their support of this boundary, which included approximately 16,000 additional acres (hereinafter ‘‘the La perchlorate groundwater contamina- critical bill for the health of Southern California. Paz lands’’), as part of the Reservation. tion. I reintroduced this legislation as (4) On May 15, 1876, President Grant issued a long-term solution to help cities in b 1445 an Executive Order that established the Res- Southern California remove per- Mr. DUNCAN. Madam Speaker, I ervation’s boundaries as those delineated by chlorate from their drinking water and the Robbins Survey. urge passage of this bill. (5) In 1907, as a result of increasingly fre- create safe drinking water. Madam Speaker, I yield back the bal- This bill will authorize $50 million quent trespasses by miners and cattle and at ance of my time. the request of the Bureau of Indian Affairs, for groundwater remediation, including Mrs. NAPOLITANO. Madam Speaker, perchlorate cleanup, for most of San the General Land Office of the United States I yield myself such time as I may con- provided for a resurvey of the southern and Bernardino, Riverside, and Orange sume. southeastern areas of the Reservation. counties in Southern California. The We have heard my colleague indicate (6) In 1914, the General Land Office accept- funds will be managed by the Depart- how important the cleanup of water is, ed and approved a resurvey of the Reserva- ment of the Interior through the Bu- and I would urge my colleague from tion conducted by Mr. Guy Harrington in reau of Reclamation. Perchlorate is a Georgia (Mr. LINDER), sponsor of H.R. 1912 (hereinafter the ‘‘Harrington Resurvey’’) main ingredient in rocket fuel that has 135, the Twenty-First Century Water which confirmed the boundaries that were delineated by the Robbins Survey and estab- been found in drinking water supplies, Commission Act of 2005, to consider lettuce, and even in the milk we drink. lished by Executive Order in 1876. that as an issue because that is some- (7) On November 19, 1915, the Secretary of Perchlorate in water supplies is left thing that affects, like the gentleman the Interior reversed the decision of the Gen- over from former military sites, de- stated, 40-some odd States that are be- eral Land Office to accept the Harrington fense contractors, and other industries. ginning to understand the harshness of Resurvey, and upon his recommendation on It has been found in 43 States, includ- reality and that is that we have con- November 22, 1915, President Wilson issued ing California. Perchlorate has been taminated aquifers and water re- Executive Order No. 2273 ‘‘. . . to correct the linked to thyroid damage and may be sources. error in location said southern boundary line ...’’—and thus effectively excluded the La harmful to infants, developing fetuses, So, with that, I thank the gentleman and the elderly. There are 1.2 million Paz lands from the Reservation. from California (Mr. BACA) for bringing (8) Historical evidence compiled by the De- women of childbearing age in San that to our attention. I do support the partment of the Interior supports the conclu- Bernardino, Riverside, and Orange bill and hope my colleagues will do sion that the reason given by the Secretary counties who could be at risk from per- likewise. in recommending that the President issue chlorate, and we do not want them to Madam Speaker, I yield back the bal- the 1915 Executive Order—‘‘to correct an be at risk. We want to make sure that ance of my time. error in locating the southern boundary’’— there is good-quality drinking water. The SPEAKER pro tempore (Mrs. was itself in error and that the La Paz lands Perchlorate has been detected in 186 MILLER of Michigan). The question is should not have been excluded from the Res- sources in the counties served by the on the motion offered by the gen- ervation. (9) The La Paz lands continue to hold cul- Santa Ana River watershed and has tleman from Tennessee (Mr. DUNCAN) tural and historical significance, as well as jeopardized the water supplies of over that the House suspend the rules and economic development potential, for the Col- 500,000 residents. pass the bill, H.R. 18, as amended. orado River Indian tribes, who have consist- As indicated before, there are 30 wells The question was taken; and (two- ently sought to have such lands restored to that have been contaminated in the thirds having voted in favor thereof) their Reservation.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1866 CONGRESSIONAL RECORD — HOUSE April 12, 2005 (c) PURPOSES.—The purposes of this Act (1) the proposed right-of-way is necessary from the Tribes’ reservation. Subse- are: to the needs of the applicant; quent attempts to restore them a few (1) To correct the south boundary of the (2) the proposed right-of-way acquisition times during the 1900s did not meet Reservation by reestablishing such boundary will not cause significant and substantial with success. as it was delineated by the Robbins Survey harm to the Colorado River Indian Tribes; H.R. 794 finally restores the La Paz and affirmed by the Harrington Resurvey. and (2) To restore the La Paz lands to the Res- (3) the proposed right-of-way complies with lands to its rightful owner, subject to ervation, subject to valid existing rights the procedures in part 169 of title 25, Code of valid, existing rights and interests and under Federal law and to provide for contin- Federal Regulations consistent with this excluding certain parcels owned by the ued reasonable public access for recreational subsection and other generally applicable State of Arizona. The bill requires the purposes. Federal laws unrelated to the acquisition of boundary line of the reservation to re- (3) To provide for the Secretary of the Inte- interests on trust lands, except that section flect the addition of these lands. rior to review and ensure that the corrected 169.3 of those regulations shall not be appli- As I explained, with one minor excep- Reservation boundary is resurveyed and cable to expansions or renewals of existing tion, this bill is exactly the same as marked in conformance with the public sys- rights-of-way for roads and utilities. H.R. 2941 that was passed by the House (c) FEES.—The fees charged for the renewal tem of surveys extended over such lands. last year but went no further. The only SEC. 2. BOUNDARY CORRECTION, RESTORATION, of any valid lease, easement, or right-of-way DESCRIPTION. subject to this section shall not be greater difference is the title of the map has (a) BOUNDARY.—The boundaries of the Col- than the current Federal rate for such a been changed to correct a typo- orado River Indian Reservation are hereby lease, easement, or right-of-way at the time graphical error. declared to include those boundaries as were of renewal if the holder has been in substan- Because this measure is unchanged delineated by the Robbins Survey, affirmed tial compliance with all terms of the lease, from what the House approved last by the Harrington Survey, and described as easement, or right-of-way. year, I urge my colleagues today to follows: The approximately 15,375 acres of SEC. 7. GAMING. pass H.R. 794. With Congress’ help, the Federal land described as ‘‘Lands Identified Land taken into trust under this Act shall Colorado River Indian Tribes can fi- neither be considered to have been taken for Transfer to Colorado River Indian nally put this justice behind them. I Tribes’’ on the map prepared by the Bureau into trust for gaming nor be used for gaming of Land Management entitled ‘‘Colorado (as that term is used in the Indian Gaming urge adoption of the bill. River Indian Reservation Boundary Correc- Regulatory Act (25 U.S.C. 2701 et seq.)). Madam Speaker, I reserve the bal- tion Act, and dated January 4, 2005’’, (herein- The SPEAKER pro tempore. Pursu- ance of my time. after referred to as the ‘‘Map’’). ant to the rule, the gentleman from Mr. GRIJALVA. Madam Speaker, I yield myself such time as I may con- (b) MAP.—The Map shall be available for Tennessee (Mr. DUNCAN) and the gen- review at the Bureau of Land Management. sume. tleman from Arizona (Mr. GRIJALVA) (c) RESTORATION.—Subject to valid existing I want to thank the gentleman from rights under Federal law, all right, title, and each will control 20 minutes. The Chair recognizes the gentleman Tennessee (Mr. DUNCAN) for his com- interest of the United States to those lands ments and his leadership on this very from Tennessee (Mr. DUNCAN). within the boundaries declared in subsection important issue to native peoples in (a) that were excluded from the Colorado GENERAL LEAVE River Indian Reservation pursuant to Execu- my district. Mr. DUNCAN. Madam Speaker, I ask The Colorado River Indian Reserva- tive Order No. 2273 (November 22, 1915) are unanimous consent that all Members hereby restored to the Reservation and shall tion Boundary Correction Act, H.R. 794, may have 5 legislative days within will correct a long-standing injustice. be held in trust by the United States on be- which to revise and extend their re- half of the Colorado River Indian Tribes. In the early part of the 20th century, marks and include extraneous material (d) EXCLUSION.—Excluded from the lands nearly 16,000 acres of land known as the restored to trust status on behalf of the Col- on the bill under consideration. La Paz lands were stripped from the The SPEAKER pro tempore. Is there orado River Indian Tribes that are described Colorado River Indian Tribes’ reserva- objection to the request of the gen- in subsection (a) are 2 parcels of Arizona tion by executive order in response to tleman from Tennessee? State Lands identified on the Map as ‘‘State heavy lobbying from a private mining Lands’’ and totaling 320 acres and 520 acres. There was no objection. company that wanted to mine for sil- SEC. 3. RESURVEY AND MARKING. Mr. DUNCAN. Madam Speaker, I The Secretary of the Interior shall ensure yield myself such time as I may con- ver on the land. The Tribes were never that the boundary for the restored lands de- sume. provided with an opportunity to chal- scribed in section 2(a) is surveyed and clearly H.R. 794, which is sponsored by the lenge the decision, nor were they ever marked in conformance with the public sys- gentleman from Arizona (Mr. compensated for the loss of their land. tem of surveys extended over such lands. GRIJALVA), corrects an historic injus- Subsequent reviews by the Depart- SEC. 4. WATER RIGHTS. tice to the Colorado River Indian ment of Interior concluded the lands The restored lands described in section 2(a) Tribes. It is substantially identical to were inappropriately removed from the and shown on the Map shall have no Federal H.R. 2941, legislation that was passed in reservation and should be returned to reserve water rights to surface water or the Tribes. Senator Barry Goldwater ground water from any source. the House last year but was not consid- ered in the Senate. recognized this fact when he intro- SEC. 5. PUBLIC ACCESS. duced similar legislation to restore Continued access to the restored lands de- Passage of this measure is long over- scribed in section (2)(a) for hunting and due. It restores 16,000 acres of public those lands years ago. He stated during other existing recreational purposes shall re- lands in Arizona to the Colorado River the hearing before the Senate Indian main available to the public under reason- Indian Reservation wrongfully ex- Affairs Committee that his grand- able rules and regulations promulgated by cluded from the reservation over 90 father, who had settled in the the Colorado River Indian Tribes. years ago. Ehrenberg area, had long recognized SEC. 6. ECONOMIC ACTIVITY. Created by an Act of Congress in 1865, that the La Paz lands were Indian (a) IN GENERAL.—The restored lands de- the reservation was expanded by Presi- lands. scribed in section (2)(a) shall be subject to dent Grant in order to prevent en- Madam Speaker, the lands that will all rights-of-way, easements, leases, and croachment by non-Indians. The expan- be returned to the Tribes under this mining claims existing on the date of the en- legislation were part of their reserva- actment of this Act. The United States re- sion included a 16,000-acre area called serves the right to continue all Reclamation the La Paz lands. tion for almost 40 years prior to the projects, including the right to access and The La Paz expansion did not hold up 1915 executive order. This is not an ex- remove mineral materials for Colorado River for very long. The original surveys to pansion of the Tribes’ reservation. It is maintenance on the restored lands described affix the boundary of the La Paz addi- a restoration of the original reserva- in section (2)(a). tion were rescinded by President Wil- tion based on accepted Department of (b) ADDITIONAL RIGHTS-OF-WAY.—Notwith- son. A survey of dubious merit, appar- Interior surveys. standing any other provision of law, the Sec- ently at the behest of people who cov- H.R. 794 will return 15,375 acres of retary, in consultation with the Tribe, shall eted the Tribes’ lands, was substituted land to the Tribes. These lands hold grant additional rights-of-way, expansions, or renewals of existing rights-of-way for for the valid surveys. As a result, the cultural and spiritual value for the roads, utilities, and other accommodations La Paz lands were excluded from the Tribes, as well as potential for eco- to adjoining landowners or existing right-of- reservation. nomic development. way holders, or their successors and assigns, All credible evidence indicates that During the almost 90 years that the if— the La Paz lands were wrongly deleted land has been under the jurisdiction of

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1867 the Bureau of Land Management, cer- PRIVILEGED REPORT ON HOUSE Diaz-Balart, L. Kolbe Pryce (OH) Diaz-Balart, M. Kucinich Putnam tain activities have taken place there. RESOLUTION 134, REQUESTING Dicks Kuhl (NY) Radanovich The legislation ensures that existing THE PRESIDENT TO TRANSMIT Dingell Langevin Rahall uses may continue. The Tribes have CERTAIN INFORMATION RELAT- Doggett Lantos Ramstad agreed to honor existing mining ING TO PLAN ASSETS AND LI- Doolittle Larsen (WA) Rangel Doyle Larson (CT) Regula claims, right of way, utility corridors, ABILITIES OF SINGLE-EMPLOYER Drake Latham Rehberg hunting, and public access. PENSION PLANS Dreier LaTourette Reichert Duncan Leach Renzi In addition, several provisions have Mr. BOEHNER, from the Committee Ehlers Lee Reyes been added related to water rights and on Education and the Workforce, sub- Emanuel Levin Reynolds prohibition of gaming on the lands. mitted a privileged report (Rept. No. Engel Lewis (CA) Rogers (AL) While I feel that these restrictions may English (PA) Lewis (GA) Rogers (KY) 109–34) on the resolution (H. Res. 134) Eshoo Linder Rogers (MI) impose upon tribal sovereignty, the requesting the President to transmit to Etheridge Lipinski Rohrabacher Tribe itself has indicated its willing- the House of Representatives certain Evans LoBiondo Ros-Lehtinen ness to accept these provisions in order information relating to plan assets and Everett Lofgren, Zoe Ross Farr Lowey Rothman to achieve passage of the legislation, liabilities of single-employer pension Feeney Lucas Roybal-Allard and I defer to them on that matter. plans, which was referred to the House Ferguson Lungren, Daniel Royce Madam Speaker, this bill honors our Calendar and ordered to be printed. Filner E. Ruppersberger agreements and our commitments to Fitzpatrick (PA) Lynch Rush f Foley Mack Ryan (OH) the Native peoples of my district by re- Forbes Maloney Ryan (WI) turning what rightfully belongs to ANNOUNCEMENT BY THE SPEAKER Fortenberry Marchant Ryun (KS) them. I am pleased to be joined by my Fossella Markey Sabo PRO TEMPORE Frank (MA) Marshall Salazar colleagues from Arizona and California The SPEAKER pro tempore. Pursu- Franks (AZ) Matheson Sa´ nchez, Linda on both sides of the aisle in promoting Frelinghuysen Matsui T. ant to clause 8 of rule XX, proceedings Gallegly McCarthy Sanchez, Loretta this long-overdue legislation, and I par- will resume on motions to suspend the ticularly want to thank the leadership Garrett (NJ) McCaul (TX) Sanders rules previously postponed. Gerlach McCollum (MN) Saxton within the Committee on Resources for Votes will be taken in the following Gibbons McCotter Schakowsky Gilchrest McCrery Schiff making this bill a priority for passage order: again in this Congress. It is my joy to Gingrey McDermott Schwartz (PA) H.R. 135, by the yeas and nays. Gohmert McGovern Schwarz (MI) see this important piece of legislation H.R. 541, by the yeas and nays. Gonzalez McHenry Scott (GA) move to the House floor and come one These will both be 15-minute votes. Goodlatte McHugh Scott (VA) step closer to resolution. The Colorado Gordon McIntyre Sensenbrenner Granger McKeon Serrano River Indian people have been waiting f Graves McKinney Sessions 90 years for return of their lands, and it Green (WI) McMorris Shadegg is my hope that they will not wait TWENTY-FIRST CENTURY WATER Green, Al McNulty Shaw much longer. COMMISSION ACT OF 2005 Green, Gene Meehan Shays Grijalva Meek (FL) Sherman Madam Speaker, I have no further re- The SPEAKER pro tempore. The Gutierrez Meeks (NY) Sherwood quests for time, and I yield back the pending business is the question of sus- Hall Melancon Shimkus balance of my time. pending the rules and passing the bill, Harman Menendez Shuster H.R. 135. Harris Mica Simmons Mr. DUNCAN. Madam Speaker, I Hart Michaud Simpson The Clerk read the title of the bill. urge passage of this bill. I have no fur- Hastings (FL) Millender- Skelton The SPEAKER pro tempore. The Hastings (WA) McDonald Slaughter ther requests for time, and I yield back question is on the motion offered by Hayes Miller (NC) Smith (NJ) the balance of my time. Hayworth Miller, Gary Smith (TX) the gentleman from Tennessee (Mr. Hefley Miller, George Snyder The SPEAKER pro tempore. The DUNCAN) that the House suspend the Herger Mollohan Sodrel question is on the motion offered by rules and pass the bill, H.R. 135, on Herseth Moore (KS) Solis the gentleman from Tennessee (Mr. which the yeas and nays are ordered. Higgins Moore (WI) Souder DUNCAN) that the House suspend the Hinchey Moran (KS) Spratt The vote was taken by electronic de- Hinojosa Moran (VA) Stearns rules and pass the bill, H.R. 794. vice, and there were—yeas 402, nays 22, Hobson Murphy Strickland The question was taken; and (two- not voting 10, as follows: Hoekstra Murtha Stupak Holden Musgrave Sullivan thirds having voted in favor thereof) [Roll No. 96] Holt Nadler Sweeney the rules were suspended and the bill YEAS—402 Honda Napolitano Tancredo was passed. Hooley Neal (MA) Tanner Abercrombie Bonner Chabot Hostettler Neugebauer Tauscher A motion to reconsider was laid on Ackerman Bono Chandler Hoyer Ney Taylor (MS) the table. Aderholt Boozman Chocola Hulshof Northup Taylor (NC) Akin Boren Clay Hunter Norwood Terry Alexander Boswell Cleaver Hyde Nunes Thomas f Allen Boucher Clyburn Inslee Nussle Thompson (CA) Andrews Boustany Cole (OK) Israel Oberstar Thompson (MS) Baca Boyd Conaway RECESS Issa Obey Thornberry Bachus Bradley (NH) Conyers Jackson (IL) Olver Tiahrt Baird Brady (PA) Cooper The SPEAKER pro tempore. Pursu- Jackson-Lee Ortiz Tiberi Baker Brady (TX) Costa (TX) Osborne Tierney ant to clause 12(a) of rule I, the Chair Baldwin Brown (OH) Costello Jefferson Owens Towns declares the House in recess until ap- Barrett (SC) Brown (SC) Cox Jindal Oxley Turner proximately 6:30 p.m. today. Barrow Brown, Corrine Cramer Johnson (CT) Pallone Udall (CO) Bartlett (MD) Brown-Waite, Crenshaw Johnson (IL) Pascrell Udall (NM) Accordingly (at 2 o’clock and 53 min- Barton (TX) Ginny Crowley Johnson, E. B. Pastor Upton utes p.m.), the House stood in recess Bass Burgess Cuellar Jones (OH) Payne Van Hollen Bean Burton (IN) Cummings until approximately 6:30 p.m. Kanjorski Pearce Vela´ zquez Beauprez Butterfield Cunningham Kaptur Pelosi Visclosky Becerra Buyer Davis (AL) Keller Peterson (MN) Walden (OR) f Berkley Calvert Davis (CA) Kelly Peterson (PA) Walsh Berman Camp Davis (FL) Kennedy (MN) Petri Wamp Berry Cannon Davis (IL) Kennedy (RI) Pickering Wasserman b 1831 Biggert Cantor Davis (KY) Kildee Pitts Schultz Bilirakis Capito Davis (TN) Kilpatrick (MI) Platts Waters Bishop (GA) Capps Davis, Tom Kind Poe Watson AFTER RECESS Bishop (NY) Capuano Deal (GA) King (IA) Pombo Watt Bishop (UT) Cardin DeFazio King (NY) Pomeroy Waxman The recess having expired, the House Blumenauer Cardoza DeGette Kingston Porter Weiner was called to order by the Speaker pro Blunt Carnahan Delahunt Kirk Portman Weldon (FL) Boehlert Carson DeLauro tempore (Mr. KLINE) at 6 o’clock and 31 Kline Price (GA) Weldon (PA) Boehner Case DeLay Knollenberg Price (NC) Weller minutes p.m. Bonilla Castle Dent

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1868 CONGRESSIONAL RECORD — HOUSE April 12, 2005 Westmoreland Wilson (NM) Wu Conaway Holden Moore (KS) Smith (NJ) Thompson (CA) Watson Wexler Wilson (SC) Wynn Conyers Holt Moore (WI) Smith (TX) Thompson (MS) Watt Whitfield Wolf Young (AK) Cooper Honda Moran (KS) Snyder Tiahrt Waxman Wicker Woolsey Young (FL) Costa Hooley Moran (VA) Sodrel Tiberi Weiner Costello Hostettler Murphy Solis Tierney Weldon (FL) NAYS—22 Cox Hoyer Murtha Souder Towns Weldon (PA) Blackburn Goode Miller (FL) Cramer Hulshof Musgrave Spratt Turner Weller Coble Gutknecht Miller (MI) Crenshaw Hunter Myrick Stearns Udall (CO) Westmoreland Cubin Hensarling Myrick Crowley Hyde Nadler Strickland Udall (NM) Wexler Culberson Istook Otter Cubin Inslee Napolitano Stupak Upton Whitfield Davis, Jo Ann Johnson, Sam Paul Cuellar Israel Neal (MA) Sullivan Van Hollen Wicker ´ Emerson Jones (NC) Pence Culberson Issa Neugebauer Sweeney Velazquez Wilson (NM) Flake LaHood Cummings Istook Ney Tancredo Visclosky Wilson (SC) Foxx Manzullo Cunningham Jackson (IL) Northup Tanner Walden (OR) Wolf Davis (AL) Jackson-Lee Norwood Tauscher Walsh Woolsey NOT VOTING—10 Davis (CA) (TX) Nunes Taylor (MS) Wamp Wu Carter Gillmor Smith (WA) Davis (FL) Jefferson Nussle Taylor (NC) Wasserman Wynn Edwards Inglis (SC) Stark Davis (IL) Jindal Oberstar Terry Schultz Young (AK) Fattah Jenkins Davis (KY) Johnson (CT) Obey Thomas Waters Young (FL) Ford Lewis (KY) Davis (TN) Johnson (IL) Olver NOT VOTING—11 Davis, Jo Ann Johnson, E. B. Ortiz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis, Tom Johnson, Sam Osborne Carter Inglis (SC) Smith (WA) The SPEAKER pro tempore (Mrs. Deal (GA) Jones (NC) Otter Edwards Jenkins Stark Ford Lewis (KY) MILLER of Michigan) (during the vote). DeFazio Jones (OH) Owens Thornberry DeGette Kanjorski Oxley Gillmor Miller, George Members are advised there are 2 min- Delahunt Kaptur Pallone ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE utes remaining in this vote. DeLauro Keller Pascrell DeLay Kelly Pastor The SPEAKER pro tempore (Mr. b 1900 Dent Kennedy (MN) Paul KLINE) (during the vote). Members are Diaz-Balart, L. Kennedy (RI) Payne advised 2 minutes remain in this vote. Messrs. MANZULLO, PENCE, Diaz-Balart, M. Kildee Pearce LAHOOD, ISTOOK, and Mrs. EMERSON Dicks Kilpatrick (MI) Pelosi b 1917 changed their vote from ‘‘yea’’ to Dingell Kind Pence So (two-thirds having voted in favor ‘‘nay.’’ Doggett King (IA) Peterson (MN) Doolittle King (NY) Peterson (PA) thereof) the rules were suspended and Mr. LATHAM changed his vote from Doyle Kingston Petri the bill was passed. ‘‘nay’’ to ‘‘yea.’’ Drake Kirk Pickering The result of the vote was announced So (two thirds having voted in favor Dreier Kline Pitts Duncan Knollenberg Platts as above recorded. thereof) the rules were suspended and Ehlers Kolbe Poe A motion to reconsider was laid on the bill was passed. Emanuel Kucinich Pombo the table. The result of the vote was announced Emerson Kuhl (NY) Pomeroy as above recorded. Engel LaHood Porter f English (PA) Langevin Portman A motion to reconsider was laid on Eshoo Lantos Price (GA) PERSONAL EXPLANATION the table. Etheridge Larsen (WA) Price (NC) Evans Larson (CT) Pryce (OH) Mr. CARTER. Mr. Speaker, on April 12, f Everett Latham Putnam 2005, during voting on H.R. 135, the Twenty- Farr LaTourette Radanovich First Century Water Commission Act and H.R. LANDER COUNTY AND EUREKA Fattah Leach Rahall 541, the Lander County and Eureka County, COUNTY, NEVADA, LAND CON- Feeney Lee Ramstad Nevada land conveyance, I was unavoidably VEYANCE Ferguson Levin Rangel Filner Lewis (CA) Regula detained due to matters in my Congressional The SPEAKER pro tempore. The Fitzpatrick (PA) Lewis (GA) Rehberg District. If I had been present, I would have pending business is the question of sus- Flake Linder Reichert voted yea on both votes. Foley Lipinski Renzi pending the rules and passing the bill, Forbes LoBiondo Reyes f H.R. 541. Fortenberry Lofgren, Zoe Reynolds The Clerk read the title of the bill. Fossella Lowey Rogers (AL) REPORT ON RESOLUTION PRO- The SPEAKER pro tempore. The Foxx Lucas Rogers (KY) VIDING FOR CONSIDERATION OF Frank (MA) Lungren, Daniel Rogers (MI) H.R. 8, DEATH TAX REPEAL PER- question is on the motion offered by Franks (AZ) E. Rohrabacher the gentleman from Tennessee (Mr. Frelinghuysen Lynch Ros-Lehtinen MANENCY ACT OF 2005 DUNCAN) that the House suspend the Gallegly Mack Ross Mr. HASTINGS of Washington, from Garrett (NJ) Maloney Rothman rules and pass the bill, H.R. 541, on Gerlach Manzullo Roybal-Allard the Committee on Rules, submitted a which the yeas and nays are ordered. Gibbons Marchant Royce privileged report (Rept. No. 109–35) on The vote was taken by electronic de- Gilchrest Markey Ruppersberger the resolution (H. Res. 202) providing vice, and there were—yeas 423, nays 0, Gingrey Marshall Rush for consideration of the bill (H.R. 8) to Gohmert Matheson Ryan (OH) not voting 11, as follows: Gonzalez Matsui Ryan (WI) make the repeal of the estate tax per- [Roll No. 97] Goode McCarthy Ryun (KS) manent, which was referred to the Goodlatte McCaul (TX) Sabo House Calendar and ordered to be YEAS—423 Gordon McCollum (MN) Salazar Abercrombie Bishop (GA) Burgess Granger McCotter Sa´ nchez, Linda printed. Ackerman Bishop (NY) Burton (IN) Graves McCrery T. f Aderholt Bishop (UT) Butterfield Green (WI) McDermott Sanchez, Loretta Akin Blackburn Buyer Green, Al McGovern Sanders PAYING TRIBUTE AND HONORING Alexander Blumenauer Calvert Green, Gene McHenry Saxton THE MEMORY OF TRAVIS BRUCE Allen Blunt Camp Grijalva McHugh Schakowsky Andrews Boehlert Cannon Gutierrez McIntyre Schiff (Mr. GUTKNECHT asked and was Baca Boehner Cantor Gutknecht McKeon Schwartz (PA) given permission to address the House Bachus Bonilla Capito Hall McKinney Schwarz (MI) Baird Bonner Capps Harman McMorris Scott (GA) for 1 minute and to revise and extend Baker Bono Capuano Harris McNulty Scott (VA) his remarks.) Baldwin Boozman Cardin Hart Meehan Sensenbrenner Mr. GUTKNECHT. Mr. Speaker, I rise Barrett (SC) Boren Cardoza Hastings (FL) Meek (FL) Serrano to pay tribute and to honor the mem- Barrow Boswell Carnahan Hastings (WA) Meeks (NY) Sessions Bartlett (MD) Boucher Carson Hayes Melancon Shadegg ory of Travis Bruce. Barton (TX) Boustany Case Hayworth Menendez Shaw Mr. Speaker, it is perhaps ironic Bass Boyd Castle Hefley Mica Shays that, as the family of Specialist Travis Bean Bradley (NH) Chabot Hensarling Michaud Sherman Beauprez Brady (PA) Chandler Herger Millender- Sherwood Bruce was learning the tragic news, I Becerra Brady (TX) Chocola Herseth McDonald Shimkus was at the military hospital in Berkley Brown (OH) Clay Higgins Miller (FL) Shuster Landstuhl, Germany. Berman Brown (SC) Cleaver Hinchey Miller (MI) Simmons We all ask ourselves the questions Berry Brown, Corrine Clyburn Hinojosa Miller (NC) Simpson Biggert Brown-Waite, Coble Hobson Miller, Gary Skelton that have haunted leaders from Wash- Bilirakis Ginny Cole (OK) Hoekstra Mollohan Slaughter ington to Grant to this very day: Are

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1869 we doing the right thing? Is it worth family business alive. Under current FEMA on its hurricane policies for the the sacrifice? law, there will be no death tax owed in past few months. We have battled them I can think of no better place to ask the year 2010, but, in 2011, death taxes about paying for debris removal in those questions than at that hospital. go up to 55 percent. Unfortunately, the front of properties on a private road. So I asked those young heroes, and I only family-owned business in America These people pay taxes, too. can honestly report that they answered who knows whether someone will die in Now a new abuse has come to light. ‘‘yes.’’ A few said ‘‘absolutely.’’ the year 2010 is the Sopranos. The rest FEMA apparently paid funeral ex- For Specialist Bruce, the battle is of us have to spend thousands of dol- penses for an estimated 315 deaths in now over. He now rests in the loving lars each year on accountants, lawyers, Florida, although only 123 fatalities arms of the God of our fathers. He and financial planners to make sure were actually recorded. Once again, it takes his place in that long line of pa- our family-owned business survives. has a disregard for accuracy, effi- triots who have made the ultimate sac- Mr. Speaker, I urge my colleagues to ciency, and its responsibility, I believe, rifice, that long line that has never vote yes to completely repeal the death to the citizens of Florida and the failed us. It is now left for us to carry tax once and for all. United States’ taxpayers. on. f Mr. Speaker, I encourage my col- There are no words adequate to ex- leagues to join me in holding FEMA to press our condolences. It is enough for PROMOTING GOOD LEADERSHIP the high standards that our citizens re- us to say that on behalf of a grateful (Mr. WILSON of South Carolina quire. Nation, we will never forget. We will asked and was given permission to ad- f dress the House for 1 minute and to re- always be proud, so that we will always THE PRESIDENT’S SOCIAL vise and extend his remarks.) be free. SECURITY PLAN f Mr. WILSON of South Carolina. Mr. Speaker, under the leadership of the (Mr. MCDERMOTT asked and was RESTORING DEDUCTIBILITY OF gentleman from Texas (Mr. DELAY), given permission to address the House SALES TAX FOR TENNESSEE the House has provided tax relief, cre- for 1 minute and to revise and extend PROVES WORTHWHILE ating 3 million jobs, prescription drug his remarks.) (Mrs. BLACKBURN asked and was coverage for needy citizens, and wel- Mr. MCDERMOTT. Mr. Speaker, the given permission to address the House fare reform, promoting independence, President says he is going to change for 1 minute and to revise and extend along with a strengthened military to his tack; he is no longer going to scare her remarks.) protect American families. the people. He is going to give them a Mrs. BLACKBURN. Mr. Speaker, Additionally, Majority Leader DELAY solution. today I was coming back to D.C. read- and his wife Christine play a valuable This weekend, Gary Trudeau’s re- ing the Nashville Tennessean, the local role in their home community. As fos- nowned ‘‘Doonesbury’’ performed an news section, and my attention was ter parents, they have devoted them- important public service. It codified drawn to a headline here: ‘‘State’s selves to improving the lives of abused the recent words of the President de- March Sales Tax Revenue up $14.8 Mil- and neglected children and are now fo- scribing his Social Security plan. Here lion Over Estimates.’’ cusing their efforts on creating homes it is. To ensure that every American Mr. Speaker, there is a reason that for foster children who need them. has equal access to his remarks, let me the State sales tax revenues are up so Their work is a true sign of compassion enter ‘‘Doonesbury’’ into the RECORD much in the State of Tennessee, and it that is rarely recognized. and read some of the President’s re- has to do with actions that this body The gentleman from Texas (Mr. marks. This is a direct quote from the Presi- took last year. Last year, we voted to DELAY) has been called one of the most restore the deductibility of sales tax to effective leaders in the history of the dent of the United States. He is ex- those of us from nonState income tax House of Representatives, and it is his plaining the plan he has: ‘‘There’s a se- States. Tennessee, Texas, Washington effectiveness that motivates his crit- ries of parts of the formula that are State, several States are affected by ics. Radical liberals, financed by a bil- being considered. And when you couple this provision. It proves the point, you lionaire, are leading a desperate smear that, those different cost drivers, af- want more of something, you lower the campaign against a decent man who fecting those, changing those with per- taxes. Things that are taxed less are has delivered remarkable results. His sonal accounts, the idea is to get what going to flourish. critics are inspired by bitterness, ha- has been promised more likely to be or I would like to say thank you to our tred, and partisanship, and their closer delivered to what has been prom- Speaker, the gentleman from Illinois smears will fail as they failed against ised.’’ Does anybody know what he is talk- (Mr. HASTERT); to our leader, the gen- DICK CHENEY, Donald Rumsfeld, ing about? This President is halfway tleman from Texas (Mr. DELAY); and to Condoleezza Rice, and John Ashcroft. our whip, the gentleman from Missouri The gentleman from Texas (Mr. through his 60-day barnstorming tour to gain support for his Social Security (Mr. BLUNT), for their leadership and DELAY) will continue his success of ef- their support in restoring the deduct- fectiveness for the American people. plan. I personally hope he stays out for ibility of sales tax for my State, Ten- In conclusion, God bless our troops, another 90 days. I think when the American people nessee, and the other States that fund and we will never forget September 11. get through with listening to this gib- their State governments by State sales f berish, they will recognize that it has tax. HOLDING FEMA TO HIGH all been a way to deflect our eyes from f STANDARDS all the problems of this society. We are VOTE TO REPEAL DEATH TAX (Ms. GINNY BROWN-WAITE of Flor- to get a bankruptcy bill out here to- ONCE AND FOR ALL ida asked and was given permission to morrow. We have done nothing about (Mr. KELLER asked and was given address the House for 1 minute and to Social Security. We have done nothing permission to address the House for 1 revise and extend her remarks.) about Medicare. Come on, Mr. Presi- minute.) Ms. GINNY BROWN-WAITE of Flor- dent. Mr. KELLER. Mr. Speaker, the death ida. Mr. Speaker, I rise today to share SEE . . . LOOK . . . COST DRIVERS! HELPS ON THE RED! tax kills small family-owned busi- my concern regarding continued abuses MAKE ANY SENSE? nesses, it makes financial planning by the Federal Emergency Manage- THIS MUST BE SHARED! nearly impossible, and it is an unfair ment Agency, or FEMA as we know it. HEY, FOLKS—CONFUSED ABOUT THE form of double taxation. As my colleagues know, Florida suf- BUSH PLAN FOR SOCIAL SECURITY? The death tax is itself the leading fered devastating blows when an un- WELL, HELP IS ON THE WAY! HERE—IN cause of death for over one-third of all precedented four hurricanes struck HIS OWN WORDS*—THE PRESIDENT EX- PLAINS! small, family-owned businesses who down in our State last year. * TAMPA, FL 2/04/05. cannot afford to pay a death tax rate of My colleagues and I in the Florida BECAUSE THE—ALL WHICH IS ON THE up to 55 percent in order to keep the delegation have been fighting with TABLE BEGINS TO ADDRESS THE BIG

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1870 CONGRESSIONAL RECORD — HOUSE April 12, 2005 COST DRIVERS. FOR EXAMPLE, HOW allowed to be able to buy guns in the Responsible gun ownership is a right BENEFITS ARE CALCULATE, FOR EXAM- first place?’’ of all law-abiding Americans, but we PLE, IS ON THE TABLE; WHETHER OR It defies common sense. We are at also have to take the responsibility to NOT BENEFITS RISE BASED UPON WAGE war. We saw what these terrorists are protect law-abiding Americans from INCREASES OR PRICE INCREASES . . . capable of armed with only box cutters THERE’S A SERIES OF PARTS OF THE acts of terror and crime. FORMULA THAT ARE BEING CONSID- purchased at a hardware store. Then Mr. Speaker, we have seen, unfortu- ERED. AND WHEN YOU COUPLE THAT, why do we make it so easy for our en- nately, many, many acts of crime and THOSE DIFFERENT COST DRIVERS, AF- emies to buy firearms and ammunition gun violence in the last few weeks. FECTING THOSE—CHANGING THOSE within our own borders? Each week for the next several weeks WITH PERSONAL ACCOUNTS, THE IDEA Since 9/11, we have adopted a mul- now, I am going to bring this subject IS TO GET WHAT HAS BEEN PROMISED titude of new laws in the wake of the up. I know a lot of the American people MORE LIKELY TO BE—OR CLOSER DELIV- war on terror. Just try to fly out of think Democrats have given up on this ERED TO WHAT HAS BEEN PROMISED. Reagan National Airport. No one is issue. I promise the American people, I DOES THAT MAKE ANY SENSE TO YOU? spared from the reach of these new IT’S KIND OF MUDDLED. will continue with this issue. I will LOOK, THERE’S A SERIES OF THINGS laws. Senior citizens, children, and fight for good gun safety laws to make THAT CAUSE THE—LIKE, FOR EXAMPLE, Members of the House have been sub- this country safer. BENEFITS ARE CALCULATED BASED jected to routine inspection before f UPON THE INCREASE OF WAGES, AS OP- boarding a commercial flight. It is an POSED TO THE INCREASE OF PRICES. inconvenience perhaps for some, but if b 1930 SOME HAVE SUGGESTED THAT WE CAL- it prevents one terrorist from boarding CULATE—THE BENEFITS WILL RISE a plane, it is a good law. In SUPPORT OF LIEUTENANT BASED UPON INFLATION, AS OPPOSED But our gun laws are dangerously out PANTANO TO WAGE INCREASES . . . of step with the war on terror. The The SPEAKER pro tempore (Mr. THERE IS A REFORM THAT WOULD HELP SOLVE THE RED IF THAT WERE same people who are prevented from KUHL of New York). Under a previous PUT INTO EFFECT. IN OTHER WORDS, boarding a flight can walk into a gun order of the House, the gentleman from HOW FAST BENEFITS GROW, HOW FAST store and purchase a hand-held weapon North Carolina (Mr. JONES) is recog- THE PROMISED BENEFITS GROW, IF of mass destruction. This is absolutely nized for 5 minutes. THOSE—IF THAT GROWTH IS AFFECTED ridiculous. Mr. JONES of North Carolina. Mr. ... Let me set the record straight. I am Speaker, last Wednesday I spoke about . . . IT WILL HELP ON THE RED. not out to take away the right of any Marine 2nd Lieutenant Ilario Pantano ’NUFF SAID! law-abiding citizen from being able to and his struggle to defend his actions f buy a gun. in battle. SPECIAL ORDERS We need common-sense gun safety April of 2004 was a time of widespread regulations that protect law-abiding violence from Iraqi insurgents. It was The SPEAKER pro tempore (Mr. gun owners, while making it tougher KUHL of New York). Under the Speak- the deadliest month of the war. for criminals and terrorists to obtain On April 15, 2004, Lieutenant Pantano er’s announced policy of January 4, guns. That is why I have introduced a 2005, and under a previous order of the was faced with a very difficult deci- bill that would deny those on the sion. Just 3 days after he had witnessed House, the following Members will be Transportation Security Administra- recognized for 5 minutes each. a deadly ambush, his unit received a tion’s No Fly List from purchasing tip about a weapons stockpile. Leery of f firearms. the tip, he led a unit of 40 men to the Why the No Fly List? Granted, the THE NO FLY NO BUY ACT area and immediately noticed two No Fly List includes some law-abiding Iraqis in a vehicle who appeared to be The SPEAKER pro tempore. Under a citizens who are on the list in error. escaping the area. previous order of the House, the gentle- But it is the only Federal terrorist After stopping the vehicle, he ordered woman from New York (Mrs. MCCAR- watch list with a procedure to get in- the two Iraqis to search the vehicle THY) is recognized for 5 minutes. nocent people off the list, and the No themselves so as to avoid a booby trap Mrs. MCCARTHY. Mr. Speaker, last Fly List is the only watch list to have for himself or the others under his month, the front pages of our Nation’s public scrutiny. Other lists without newspapers contained chilling head- practical application may be just as in- command. Suddenly, he said, the two lines: ‘‘Terror Suspects Buying Fire- accurate but afford no due process to insurgents pivoted towards him after arms.’’ those wrongly listed. disobeying his command to stop, and in At least 44 times in a 4-month period, My bill will ensure that these people a split-second decision Lieutenant people whom the FBI suspected of incorrectly listed on the No Fly will be Pantano decided he had to fire his being members of terrorist groups tried able to get their names off the list as weapon to protect himself and his men. to buy guns. In all but nine instances, quickly as possible. They would then It was not until 21⁄2 months later that the purchases were allowed to go be able to complete their gun purchase, his radio operator mentioned the inci- through. no questions asked. Again, an incon- dent to another Marine, who then ac- A background check of the would-be venience for some but necessary steps cused Lieutenant Pantano of murder. buyer found no automatic disqualifica- to ensure terrorists are not buying He now is facing charges of two counts tion such as being a felon, an illegal guns in our country. of murder. immigrant, or deemed mentally defec- The Federal Government charged Mr. Speaker, I have met Lieutenant tive. There certainly have been many with protecting us from terrorists Pantano and his family. I have watched more instances of suspected members should put at least as much effort into again and again the ‘‘Dateline’’ inter- of terrorist groups trying to buy these making sure terrorists and criminals view Stone Phillips conducted with guns, but since the Justice Department are buying guns as what senior citizens Lieutenant Pantano, and I have re- destroys background check records and children might bring aboard a searched this situation at length. I be- after only 24 hours, we will never plane. We are at war, and the Federal lieve Lieutenant Pantano is truthful in know. Government has made it easier for our his recounts of the events of April of So not only are we allowing sus- enemies to arm themselves. 2004 and he was justified in his action pected terrorists to arm themselves, we I have written Attorney General while having to make a split-second are destroying the records indicating Gonzales and asked him to endorse my battlefield decision. how many guns they actually have bill. And if he cannot endorse it, I want I question why the radio operator bought. We are destroying critical in- to know why. I understand the Second would wait 21⁄2 months to tell his re- telligence in the war on terror, and Amendment concerns of law-abiding port of the events if he really believed suspected terrorists are exploiting our citizens and gun owners. But these laws murder had taken place. Furthermore, pre-9/11 gun laws. can coexist with responsible people’s as is noted in the ‘‘Dateline’’ video, the The question many of my constitu- rights to hunt and protect their fami- sergeant was never even present for the ents ask me is, ‘‘Why are these people lies. actual shooting. How can he make a

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1871 judgment call on something he did not agreement. May 28 will mark the 1- the bleeding of manufacturing jobs in see? year anniversary of when the President the U.S., and will do even less to create Mr. Speaker, I have put in a resolu- signed CAFTA. a strong Central American consumer tion, H. Res. 167, to support Lieutenant The other trade agreements were all market for American goods. Pantano as he faces yet another dif- done within only about 2 months. Be- Throughout the developing world, ficult fight for his life. I hope that my cause CAFTA is so unpopular and trade workers do not share in the wealth colleagues in the House will take some policy in this country is so wrong- they create. If you work at GM in the time to read my resolution and look headed, the President still has not sent United States, if you work at a hard- into this situation for themselves. I be- CAFTA here for a vote. Clearly, there ware store in the United States, you lieve a great unfairness has occurred is dissension in the ranks, and for good create wealth for your employer and here; and as the United States House of reason. you share some of that wealth. That is Representatives, we stand by our brave CAFTA is the dysfunctional cousin of how you get a middle-class existence. men and women in uniform as they NAFTA, the North American Free But in the developing world, workers protect and serve our Nation. Trade Agreement, continuing a legacy do not share in the wealth they create. Mr. Speaker, before closing, I would of failed trade policies. Nike workers in Vietnam cannot afford like to say that there is a Web site that Look at NAFTA’s record: one million to buy the shoes they make. Disney his mother has established. It is called United States manufacturing jobs lost workers in Costa Rica cannot afford to defendthedefenders.org, and may God to the North American Free Trade buy the toys for their children. Ford continue to bless our men and women Agreement. One million. NAFTA did workers in Mexico cannot afford to buy in uniform and bless America. nothing. NAFTA: Mexico, Canada, the the cars that they make. Motorola U.S. NAFTA did nothing for Mexican f workers in Malaysia cannot afford to workers as promised. They continue to buy the cell phones they make. The SPEAKER pro tempore. Under a earn just about a dollar a day, while The United States, with its unrivaled previous order of the House, the gen- living in abject poverty. Not exactly a purchasing power and its enormous tleman from Oregon (Mr. DEFAZIO) is great market for U.S. products. economic clout, we, in our country, are recognized for 5 minutes. And yet the U.S. continues to push in a unique position to empower work- (Mr. DEFAZIO addressed the House. for more of the same, more of the same ers in the developing world while pro- His remarks will appear hereafter in job hemorrhaging, income-lowering moting prosperity at home. the Extensions of Remarks.) trade agreements, more trade agree- When the world’s poorest people can f ments that ship U.S. jobs overseas, buy American products, rather than EXCHANGE OF SPECIAL ORDER more trade agreements that neglect es- just make them, then we will know our TIME sential environmental standards, more trade policies finally are working. Vote trade agreements that keep foreign ‘‘no’’ on the Central American Free Mr. BROWN of Ohio. Mr. Speaker, I workers in poverty. Trade Agreement. ask unanimous consent to take the The only difference between CAFTA f time of the gentleman from Oregon and NAFTA is the first letter. Madness (Mr. DEFAZIO). is repeating the same action over and SUPPORTING THE GOALS AND The SPEAKER pro tempore. Is there over and over and expecting a different IDEALS OF FINANCIAL LITERACY objection to the request of the gen- result. We hear the same promises on MONTH tleman from Ohio? every trade agreement. This Congress, The SPEAKER pro tempore. Under a There was no objection. somehow barely, in the middle of the previous order of the House, the gen- f night, passes them. We see the same tleman from Pennsylvania (Mr. DENT) is recognized for 5 minutes. CAFTA bad results. But do not just take my word for it. Mr. DENT. Mr. Speaker, I would like The SPEAKER pro tempore. Under a Look at the numbers. Numbers do not to take a few minutes to talk about an previous order of the House, the gen- lie. The U.S. economy, with a $10 tril- issue that is very important to me as a tleman from Ohio (Mr. BROWN) is rec- lion GDP in 2002, is 170 times bigger Member of Congress and as a consumer: ognized for 5 minutes. than the economies of the CAFTA na- financial literacy. Mr. BROWN of Ohio. Mr. Speaker, a tions, at about $62 billion combined. It Last week we passed a resolution I bowling ball weighs about 170 times the is like pairing a bowling ball with a cosponsored with overwhelming bipar- weight of a slice of sandwich bread. It slice of bread. tisan support, H. Res. 148. This resolu- does not take a physicist to see the CAFTA is not about robust markets tion supports the goals and ideals of mismatch between a bowling ball and a for the export of American goods. It is Financial Literacy Month. slice of bread. And it does not take a about outsourcing. It is about access to Tonight, on the eve of the debate of trade expert to see the economic mis- cheap labor. We send our jobs overseas. our Nation’s bankruptcy laws, I believe match between the United States and The workers overseas get paid almost it is only fitting to support Financial the nations that make up the Central nothing, not able to raise their living Literacy Month and speak on the bene- American Free Trade Agreement: Hon- standard. U.S. corporations make more fits of personal financial literacy. duras, Costa Rica, Nicaragua, Guate- money, American workers lose their In our Nation today, half of all Amer- mala, and El Salvador. jobs. It is the same old story. icans are living from paycheck to pay- The way that CAFTA, the Central Again, the combined purchasing check. The average college senior has American Free Trade Agreement, pro- power of the CAFTA nations is about approximately $7,000 in consumer debt, ponents talk, you would think Central that of Orlando, Florida. Trade pacts and only four out of every 10 workers is America was one of the biggest econo- like NAFTA and CAFTA enable compa- saving for retirement. mies in the Western Hemisphere. nies to exploit cheap labor in other As individuals incur debt, they are CAFTA nations are not only among the countries, then import their products less likely to be prepared for retire- world’s poorest countries, they are back to the U.S. under favorable terms. ment and more likely to become de- among its smallest economies. American companies outsource their pendent solely on the Social Security Think about this: this big trade jobs to Guatemala, outsource their jobs system to support them into retire- agreement that President Bush wants, to China, outsource their jobs to Mex- ment. CAFTA, the combined purchasing ico. It costs American workers their By encouraging informed choices and power of the CAFTA nations is almost jobs. It does almost nothing for the wise financial decisions, our Nation’s identical to the purchasing power of workers in those countries, yet profits consumers will have positive credit Columbus, Ohio. at Wal-Mart and GM and those compa- ratings, money management skills, and Tomorrow, the Senate will hold the nies continue to rise. be on the road to a stable and pros- first congressional hearing on CAFTA. CAFTA will do nothing to stop the perous life. They will be able to build Congress typically has voted within 55 bleeding of manufacturing jobs, except homes, buy cars, finance educations, days of President Bush signing a trade make it worse, will do nothing to stop and start businesses. It is our goal to

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1872 CONGRESSIONAL RECORD — HOUSE April 12, 2005 educate the public about financial lit- prowess and our economic independ- woman from Florida (Ms. ROS- eracy. ence. In fact, under President Bush’s LEHTINEN) is recognized for 5 minutes. In today’s world, we must continue watch, America has lost another three Ms. ROS-LEHTINEN. Mr. Speaker, to expand access to financial institu- million manufacturing jobs. last week I was blessed to travel with tions and provide all Americans with One of the hardest hit sectors is tex- a group of my colleagues to Rome to the tools they need to become produc- tiles. For February, imports of textiles attend the funeral mass of his Holiness, tive members of society. These prin- and clothing from China rose by nearly Pope John Paul II, one of the greatest ciples and goals are important to all of 10 percent. One can honestly ask, Is defenders of human life the world has us. anything made in America anymore, ever known. The programs and seminars sup- other than debt? b 1945 ported by the resolution will provide The Bush administration’s so-called free trade agenda is on course to bank- Pope John Paul II was a man of pro- the guidance that is needed for so found holiness, profound peace, and many Americans. I encourage those rupt our economy. For the first 2 months of this year, just the first 2 profound love. He not only served the who supported this amendment and Catholic Church as the Vicar of Christ agree with these goals to work along- months, the annualized trade deficit is 3 quarters of a trillion dollars, a full on Earth, but also reached out and side us to educate Americans about fi- touched people of all faiths as he nance and economics. 100 billion more than last year. And we are watching oil prices going up over fought valiantly to liberate the op- f $50 a barrel, and that is adding to this pressed, especially in his native East- The SPEAKER pro tempore. Under a growing deficit. ern Europe where he contributed sig- previous order of the House, the gen- Combined with our faltering dollar, nificantly to the fall of communism. tleman from Washington (Mr. soaring fuel costs and an expanding Of all of his accomplishments, I am MCDERMOTT) is recognized for 5 min- Federal deficit, America is anything most appreciative of his unwavering utes. but independent. We are in hock to for- commitments to the defense and pro- (Mr. MCDERMOTT addressed the eign countries that hold nearly half of tection of all human life, especially the House. His remarks will appear here- our public debt, and we are paying most defenseless, the unborn. after in the Extensions of Remarks.) them hundreds of billions of dollars an- The Pope came to Miami in Sep- tember of 1987. I had just given birth to f nually now in interest. The President talks about his risky my youngest daughter, Patricia Marie, EXCHANGE OF SPECIAL ORDER plans to try to overhaul Social Secu- and so I wanted to be present to hear TIME rity by borrowing trillions more dol- and see him at Tropical Park, which is Ms. KAPTUR. Mr. Speaker, I ask lars. Have they got a printing machine located in my old State senate district, unanimous consent to assume the time for money over there at the back room but the doctors told me I could not at- of the gentleman from Washington (Mr. of the White House? tend. However, as I watched on TV, I remember thinking how fitting it was MCDERMOTT). This is not the American Dream. It is The SPEAKER pro tempore. Is there the American Nightmare. Tonight Con- that I would be holding my newborn baby in my arms while watching the objection to the request of the gentle- gress should be taking a stand against staunchest defender of human life woman from Ohio? this irresponsible fiscal policy. The praying and saying mass in my home- There was no objection. golden rule of trade should be trade balances, not trade deficits; and we town. It was a feeling I have never and f should operate by the golden rule, free I shall never forget. THE UNITED STATES TRADE trade among free people. The Holy Father can never imagine DEFICIT We should reject CAFTA and any how he touched, in a most profound other trade bills that keep pushing way, all those who heard and saw him The SPEAKER pro tempore. Under a American jobs offshore and pushing the wherever he traveled with his goodness previous order of the House, the gentle- trade deficit further into red ink. We and fierce protection for the sanctity woman from Ohio (Ms. KAPTUR) is rec- should only support trade that is re- of life. ognized for 5 minutes. sponsible and creates a level playing In his letter, The Gospel of Life, John Ms. KAPTUR. Mr. Speaker, I would field and, at a minimum, trade bal- Paul II vigorously reaffirmed the value like to agree with the gentleman from ances and hopefully trade surpluses of human life and at the same time pre- Ohio (Mr. BROWN). The Commerce De- like we used to have. sents a pressing appeal addressed to partment just announced another Until this President can give us a each and every person to respect, pro- record trade deficit for our country. As plan for a healthy economy based on tect, love and serve life, every human an avalanche of imports comes in here security and economic independence, life. and a whimper of our exports go out, we should say no thank you. No more He writes, ‘‘Even in the midst of dif- we do not have free trade. We have a NAFTAs, no CAFTAs, no more trade ficulties and uncertainties, every per- free fall in trade. agreements that do not produce a bal- son sincerely open to truth and good- This month the Commerce Depart- ance and a surplus. ness can, by the light of reason and the ment sent out a press release saying In fact, for every agreement that is hidden action of grace, come to recog- this past month had a record-breaking currently on the books that is in the nize in the natural law the sacred value trade deficit. The U.S. trade deficit red, we ought to go back and require of human life from its very beginning soared to an all time monthly high of renegotiation if it has been in the red until its end and can affirm the right of $61 billion negative. The Commerce De- for 3 years or more, because it is not every human being to have this pri- partment said that, in fact, the Feb- operating in America’s interest. It mary good respected to the highest de- ruary imbalance was up 4.3 percent might be operating in some global cor- gree. from the record gap in January of $58.5 poration’s interest; but we should be ‘‘Upon the recognition of this right,’’ billion. worried about the American people and he continued, ‘‘every human commu- It looks like the executive branch’s jobs here at home, both in manufac- nity and the political community itself promises are faltering again. When it turing and agriculture, in resource and are founded.’’ was proposed, free trade for China was mining, in the real muscle of this coun- And as a wife and as a mother of two promoted as a boon to America’s ex- try. teenage daughters, I also seek to de- porters. But if we look at what is hap- We should be here to fight for Amer- fend and protect the sanctity of an in- pening here, every single year the ica’s future. It is time the President nocent human life; and to that end I trade deficit gets deeper and deeper and the entire Congress did the same. have introduced the bill, House Resolu- and deeper. And this year it is going f tion 748, the Child Interstate Abortion through the bottom of the chart. Notification Act, CIANA, which cur- Once again, month after month, we HONORING POPE JOHN PAUL II rently has 127 cosponsors and which see our manufacturers taking a hit. The SPEAKER pro tempore. Under a will be marked up in the House Com- America truly is losing its economic previous order of the House, the gentle- mittee on the Judiciary tomorrow.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1873 This legislation makes it a Federal the concerns of illegal immigration. I apparently they have been pretty effec- offense to knowingly transport a minor can tell you, I have heard time and tive. Meanwhile, the Federal govern- across a State line with the intent that again from my constituents who want ment has a $239 million pile of useless she obtain an abortion in circumven- to know why it is so incredibly dif- equipment. tion of a State’s parental consent or ficult and it seems so difficult for the This is waste, fraud, and abuse; and parental notification law. CIANA also Federal Government to enforce these this is lack of attention to border secu- requires that a parent or, if necessary, immigration laws that are currently on rity. This is an issue that has my con- a legal guardian be notified pursuant the books. They absolutely cannot un- stituents talking at length in town to a default Federal parental notifica- derstand why some politicians in Wash- halls, talking about how we are spend- tion rule when a minor crosses State ington seem to fail to understand that ing the tax money that they are writ- lines to obtain an abortion unless one illegal immigrants are in fact breaking ing the check for this very week. of several carefully drawn exceptions our laws and if they do indeed actually This article is further confirmation are met. cause a security risk. of our belief that the borders are too A minor who is forbidden to drink al- As our constituents are preparing to open, our system is too easily abused cohol, to stay out past a certain hour pay Federal income tax, as millions of and our government is not doing or to get her ears pierced without a pa- Americans are preparing to pay their enough. I hope that my colleagues will rental consent is certainly not pre- Federal income tax this week, I was join me in my effort to eliminate the pared to make a life-altering, haz- asked time and again in town hall seemingly endless examples of waste, ardous and potentially fatal decision meetings this weekend if we did not fraud, and abuse of taxpayer dollars. such as an abortion without the con- consider the costs, the extra cost to Mr. Speaker, to those who have been sultation or consent of at least one the American taxpayer of illegal immi- opposing immigration reform for years parent. gration. And I can tell you, Mr. Speak- now, the time has come for America to My legislation will close a loophole er, I certainly sympathize with my address the growing problem of illegal that allows adults not only help minors constituents and I empathize with immigration. Our constituents and our break States’ laws by obtaining an their concerns and their consternation, national security demand it. abortion without parental consent but and I truly share their frustration f when I read some of the things I read also contributes to ending the life of an SMART SECURITY AND NUCLEAR about illegal immigration. innocent child. WEAPONS I am hopeful that in this 109th ses- We have an obvious flouting of the sion of Congress we will be successful laws, and yet there are some who think The SPEAKER pro tempore. Under a in securing the rights of parents. As an that we should actually ignore this previous order of the House, the gentle- ardent advocate for human rights for problem. Thankfully, we have made woman from California (Ms. WOOLSEY) all, especially those suffering political some progress this year, and we should is recognized for 5 minutes. and religious persecution, I join our credit the gentleman from Wisconsin Ms. WOOLSEY. Mr. Speaker, last Holy Father in his desire to see a world (Mr. SENSENBRENNER) for much of his year the Subcommittee on Energy and where all may live and work together hard work and the Committee on the Water Development of the Committee in a spirit of peace, mutual respect and Judiciary for much of their hard work on Appropriations bravely stood up to solidarity and where the sanctity of when they worked on the Real ID Act. the White House by rejecting the ad- human life is preserved at each and This body passed that, and certainly it ministration’s request for new nuclear every level. will beef up the identification security weapons funding. measures, many dealing with our driv- The White House had requested over f er’s license provisions. It will speed up $70 million for research on the robust The SPEAKER pro tempore (Mr. the construction of border barriers, and nuclear earth penetrator, also known KUHL of New York). Under a previous it will make it tough for those with as the ‘‘bunker buster’’ and other nu- order of the House, the gentleman from terrorist ties to gain asylum in the clear weapons initiatives. Minnesota (Mr. GUTKNECHT) is recog- United States. But, Mr. Speaker, I The Subcommittee on Energy and nized for 5 minutes. think we all know that that is abso- Water Development of the Committee (Mr. GUTKNECHT addressed the lutely not enough. on Appropriations zeroed out the Presi- House. His remarks will appear here- Just yesterday morning, the Wash- dent’s nuclear weapons initiative; and, after in the Extensions of Remarks.) ington Post ran a story with the head- just as importantly, they have boldly f line ‘‘Probe Faults System For Moni- rejected all funding for the supremely misguided bunker buster nuclear bomb, EXCHANGE OF SPECIAL ORDER toring U.S. Border.’’ labelling it provocative and unneces- TIME Now I have been working with my colleagues here in the House to target sary. Mrs. BLACKBURN. Mr. Speaker, I waste, fraud and abuse in government I credit the subcommittee’s chair- ask unanimous consent to claim the spending; and I have also been a pro- man, the gentleman from Ohio (Mr. time of the gentleman from Minnesota ponent of tackling our enormous ille- HOBSON). He courageously stood up to (Mr. GUTKNECHT). gal immigration problem. The Wash- the White House on this issue. But The SPEAKER pro tempore. Is there ington Post story contains just an as- President Bush did not let that stop objection to the request of the gentle- tounding level of waste, fraud, and him from once again requesting fund- woman from Tennessee? abuse in spending; and it should be a ing for the bunker buster bomb in this There was no objection. wake-up call for those who do not year’s 2006 budget proposal. f think immigration reform is a priority. This year the President has re- Clearly, the system we have got is not quested $4 million to study the feasi- IMMIGRATION REFORM working. bility of constructing the bunker bust- The SPEAKER pro tempore. Under a According to a General Service Ad- er and another $4.5 billion for bunker previous order of the House, the gentle- ministration investigation, American buster testing in the Air Force budget. woman from Tennessee (Mrs. taxpayers footed the bill for $239 mil- The President’s budget also notes that BLACKBURN) is recognized for 5 min- lion surveillance system across our he may request another $14 million for utes. borders. And what do we have to show the bunker buster in fiscal year 2007. Mrs. BLACKBURN. Mr. Speaker, you for that, sir? A lot of broken equipment What could the Bush administration know it should be no secret to anyone and lax border security. This is abso- possibly be thinking? The United in this body that immigration reform lutely incredible. States already possesses the most so- is a top priority for millions of Ameri- You have got a bunch of concerned phisticated and modern military ever cans, and I doubt that most of us have citizens who got tired of all the excuses created, yet sometimes it seems like had a single town hall meeting during so they have gone down to the Arizona President Bush and his allies still this past recess when we have not been border to observe illegal immigration think we are fighting the Cold War. asked by our constituents to address and report to the border agents, and Fortunately, there are still many,

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1874 CONGRESSIONAL RECORD — HOUSE April 12, 2005 many in Congress who live with the Iraqi civilians killed, and more than tional to stop once we have them on rest of us in the 21st century. $200 billion spent. the run. The bunker buster’s proponents Should we not invest our resources in In Iraq, for example, we must finish claim that it is an important device addressing genuine nuclear threats? the job. The phrase ‘‘cut and run’’ may needed in the post-9/11 world to enable Mr. Speaker, if we do not start work- be in the vocabulary of the French our military to attack cave and hide- ing with the other nations in the world, Government, but it is not in our vocab- outs with supreme precision, but we do there may come a time when other na- ulary. not need a nuclear weapon to accom- tions no longer want to work with us. I have been to Iraq. I was there on election day January 30; and the people plish this. The U.S. already possesses f the capability to target terrorists I talked to, those Iraqis were afraid 2000 wherever they are hiding. b that we would leave before the job was The Bush administration’s repeated The SPEAKER pro tempore (Mr. done. The terrorists want to wait us attempts to develop new nuclear weap- KUHL of New York). Under a previous out because of the comments that they ons like the bunker buster epitomizes order of the House, the gentleman from hear on this very House floor, that we the hypocrisy that underscores Presi- Indiana (Mr. BURTON) is recognized for should leave the job before it is dent Bush’s foreign policy. At the same 5 minutes. through. Well, they will not wait us time that he seeks to prevent countries (Mr. BURTON of Indiana addressed out because we will finish the job. So like Iran and North Korea from devel- the House. His remarks will appear we will stay the course. We will finish oping nuclear weapons, the White hereafter in the Extensions of Re- the job before us. For it is far better to House has demonstrated its own nu- marks.) fight terrorists on their soil than on clear weapons ambitions with a vig- f American soil, and we will know of no retreat or defeat. orous intensity. INTERNATIONAL VILLAINS AND We must remember that the creation We must train the Iraqi security INTERNATIONAL OUTLAWS of the bunker buster would violate the forces so that they can protect their nuclear non-proliferation treaty which The SPEAKER pro tempore. Under a own borders against the insurgents. We the United States ratified in 1972. That previous order of the House, the gen- must continue to seek out the terror- is why later this week I will introduce tleman from Texas (Mr. POE) is recog- ists in Afghanistan as well, but we a resolution calling on the United nized for 5 minutes. must also deal with the cocaine and States to uphold its binding commit- Mr. POE. Mr. Speaker, tonight I rise heroin traffic that is there because it ment to this vital international treaty. to speak about international villains, funds those terrorists. We must also allow our local law en- But these nuclear ambitions should international outlaws. We need to forcement to fight that same secondary not come as a surprise. In fact, it is know who they are and who they are terror, that is, the terror of drugs, that just the latest in a long line of in- not because these terrorists are not is here in the United States that af- stances that demonstrate the Bush ad- ministers of good, but they are min- fects many American families, because ministration’s petulant double stand- isters of evil. those drugs that the terrorist cartels ard when it comes to interacting with The terrorists are not freedom fight- market in our land, they fund their the rest of the world. ers as some say, for they oppose all evil ways. We must protect our home- Before the bunker buster came along, freedoms. Terrorists are not moral be- land and support our first responders. they rejected the Kyoto Protocol on cause they preach, praise, and practice For as our troops in lands across the global warming, claiming that it would immoral acts. Terrorists are not for seas battle these evil villains, our first hurt the United States economy. Be- children because they murder children. responders are the ones who battle fore that, it was the rejection of the They murder their neighbor’s children, them here on the homeland, and they International Criminal Court which and they murder their own. Terrorists are not for any peace, but are for any are always counted faithful. President Bush opposed because it On September 11, we all remember chaos. Terrorists are not for democ- would allow Americans who violated what we were doing. I was driving my racies, but proclaim the value of totali- international laws to be tried for war Jeep to the courthouse, and I heard on tarian dictatorships. crimes just like war criminals from the radio about the first plane that hit Terrorists are not for justice so we other countries. the World Trade Center; second plane, The policy of rejecting international must bring them to justice. As related World Trade Center; third plane, crash- treaties is bad for the United States. in Proverbs, when justice is done, it es in Pennsylvania because of some he- Instead of thumbing our nose in the brings joy to the righteous and it roes; fourth plane, hits the Pentagon. face of international law, America, the brings terror to the evil doers. So I say Later that day, as many Americans world’s largest democracy, needs to let us bring terror to these evil doers. like myself were watching television, I serve as the gold standard for global I have dealt with local terrorists, noticed the phenomena. I noticed thou- consensus and agreement. That is why street terrorists, all my life, first as a sands and thousands of Americans in I have worked to develop a SMART Se- prosecutor and a judge in a criminal New York City when those terrorists curity platform for the 21st century. court in Texas for 22 years. These peo- hit those buildings. They were running SMART Security is a Sensible Multi- ple are mean, they are violent, and you as hard as they could to get away from lateral American Response to Ter- can deal with them one way. You do that terror. But there was another rorism. Instead of creating new nuclear not ask them to try to do better. You group of people, not very many, but weapons, SMART Security would work do not blame their culture or their they were there. When that terror hit to control the spread of such weapons lack of culture for their conduct. You the World Trade Center, they were run- through aggressive diplomacy, global do not reason with them. You do not ning as hard as they could to get to weapons inspections, and comprehen- negotiate. You hold them accountable that terror. Who were they? They were sive non-proliferation efforts. for their choices. emergency medical technicians, they We need to lead the world’s nations They live for crimes of violence, so were firefighters, and they were cops. to end the era of nuclear weapons. We you punish them. You make the price Because these people responded, and need to demonstrate that nuclear high, too high for them to pay so they these are the people who we count on weapons will not protect the people of stop it, so they leave us alone, for it is first, the people responsible for the the world because if these weapons are a right of all of us to be left alone. If deaths of the 3,000 on that day will be actually used there will be nothing left they choose not to leave us alone, they held accountable. to protect. must face quick, sudden, and decisive So we will not waiver in our battle Think about the price we have paid action. against these international villains. to eliminate weapons of mass destruc- We must continue to deal with inter- There is no substitute for victory. For tion in Iraq, weapons that actually do national terrorists the same way we we are a people committed to remain- not exist. Over 1,500 American lives deal with local street terrorists. We ing and continuing for centuries to be lost, more than 12,000 severely wounded seek them out and we hold them ac- the land of the free and the home of the American soldiers, tens of thousands of countable for their choices. It is not ra- brave.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1875 THE RULES THAT GOVERN THE of technical points, Mr. Speaker, there changes were made in the rules in 1989 ETHICS PROCESS IN THE HOUSE should be no mistaking the overriding and again in 1997, those actions, those OF REPRESENTATIVES importance of what we are talking creation of the rules, fashioning of the The SPEAKER pro tempore. Under about. Because of the ethics rules rules, recommending the rules to the the Speaker’s announced policy of Jan- changes that were included in the rules House, that whole process was the re- uary 4, 2005, the gentleman from West package I mentioned, the House of Rep- sult of a thoughtful, deliberative proc- Virginia (Mr. MOLLOHAN) is recognized resentatives is now at a crossroads in ess that was, in fact, genuinely bipar- for 60 minutes as the designee of the its ethics process. tisan in nature. minority leader. The issue now before the House is, in The task force, created with an equal Mr. MOLLOHAN. Mr. Speaker, I am fact, whether the House will continue number of Democrats, an equal number joined here tonight by three distin- to have a credible ethics process that of Republicans, whether the Repub- guished colleagues. can be effective in protecting the rep- licans were in control of the House at The gentleman from Maryland (Mr. utation and the integrity of this insti- the time or whether the Democrats CARDIN) was a member of the Com- tution. were in control of the House at the mittee on Standards of Official Con- Mr. Speaker, this is my 9th year as a time, all of the rules changes and their duct in the 101st, 103rd, and 104th Con- member of the Committee on Stand- adoption and their recommendation to gresses. The gentleman from Maryland ards of Official Conduct and my third the House of Representatives came out (Mr. CARDIN) cochaired with Congress- year as ranking minority member of of a genuinely bipartisan process. man Bob Livingston at the time the that committee, and I have studied the The process that was used earlier 1997 ethics bipartisan task force cre- ethics process carefully during that this year stands in stark contrast to ated to review and propose changes to time. My firm conclusion is that the those earlier efforts. Those rules the Committee on Standards of Official House will not and cannot have a cred- changes were drafted in secret, and Conduct rules and procedures and was ible ethics process unless the rules their text was publicly released lit- the ranking minority member of the changes that were made earlier this erally only hours before they were to subcommittee that investigated the year are repealed. be voted on on the House floor. At no complaint against then-Speaker Newt There are at least two reasons why time was anyone on this side, on the Gingrich. this is so, Mr. Speaker. First, there minority side, of the aisle ever con- Second, I am joined by the gentleman cannot be a credible ethics process in sulted about those changes. Likewise, from California (Mr. BERMAN), who was the House of Representatives unless the Committee on Standards of Official ranking minority member on the Com- changes in the ethics rules are made, Conduct itself was not consulted about mittee on Standards of Official Con- as they have always been made in the those rules changes; and, indeed, it is duct in the 105th, the 106th, and the House, Mr. Speaker, in the past years, not at all clear who was consulted 107th Congresses and for the first 2 in an open, thoughtful and, most im- about them or whether their pro- months of the 108th Congress until my portantly, in a genuinely bipartisan ponents really fully understood the appointment as ranking member. Addi- manner. But these rules changes were meaning and the implications of the tionally, the gentleman from Cali- the result of a closed, secret process in changes which they wrought. fornia (Mr. BERMAN) was the ex officio It will come as no surprise to anyone which no one from this side of the aisle member of the 1997 bipartisan task that the rules changes resulting from was ever consulted; and the votes of force created to review and propose such a closed, summary process, it will the rules package were, as always, changes to the Committee on Stand- come as no surprise that they are seri- strictly party line votes. ards of Official Conduct’s rules and pro- ously flawed; and that leads me, Mr. Second, the fact is that, at a min- cedures. Speaker, to the second reason why imum, these rules changes, the specific Finally, Mr. Speaker, I am joined by these changes must be repealed. the gentleman from Massachusetts changes that are attempting to be im- As I have mentioned, the rules posed by the Committee on Rules, will (Mr. DELAHUNT), who prior to coming changes were passed by the majority to Congress served as the Norfolk seriously undermine the ability of the earlier this year. They fall into three County District Attorney for a consid- Committee on Standards of Official categories. The first rules change re- erable period of time, from 1975 to 1996. Conduct to perform its key responsibil- lates to the automatic dismissal of In the 108th Congress, he was a member ities of investigating and making deci- complaints that are filed with the com- of the ethics pool appointed by the mi- sions on allegations of wrongdoing. mittee, automatic dismissal of com- nority leader and was a member of the It is for these reasons that I have in- plaints the first rule allows; the second investigative subcommittee formed to troduced House Resolution 131, which rule granting certain so-called due look into the allegations made by then- would entirely repeal two of the three process rights to Members, a cynical Representative Nick Smith arising out rules changes made earlier this year characterization of due process I might of the events occurring during the and would repeal as well the objection- add; and the third so-called right to Medicare vote taken on November 2, able provisions of the third rules counsel provisions are contained in the 2003. change. last rules change. Collectively, these gentlemen have a Mr. Speaker, let me take a moment Mr. Speaker, let me begin with the tremendous amount of experience serv- to elaborate on each of the reasons for automatic dismissal rule. The auto- ing the House of Representatives on the resolution that I have introduced, matic dismissal rule of the complaint, the Committee on Standards of Official turning first to the closed, partisan it constitutes a radical and particu- Conduct over a long period of time. Not manner in which these rules changes larly destructive change in the rules. surprisingly, Mr. Speaker, that is the were adopted this past January. Up until now, a complaint filed with topic of our Special Order tonight. Mr. Speaker, the ethics process in the Committee on Standards of Official The subject that we will be dis- the House of Representatives dates Conduct, and keep in mind that under cussing this evening under the Special back to the late 1960s, nearly 40 years the rules no one other than a Member Order concerns the rules that govern ago. It was recognized at the very out- of the House may file a complaint be- the ethics process in the House of Rep- set that there could not be a meaning- fore the Committee on Standards of Of- resentatives. This discussion, I think, ful ethics process in this body unless it ficial Conduct, but under the old rules will highlight the clear need to repeal is a genuinely bipartisan one. This a complaint could be dismissed only by the changes in those rules that were in- makes perfect sense because an ethics a majority vote of the committee. cluded in the rules package that was process that is dominated by the ma- adopted when the House convened in jority party in the House will become b 2015 January of this year, a rules package simply another tool of partisan warfare Under the automatic dismissal rule that was adopted on a strict party line and will have no credibility whatso- which the majority is trying to impose vote with all Republicans voting for ever. upon the Committee on Standards of and all Democrats voting against. So both when the committee was cre- Official Conduct in its rules passed ear- While a discussion of the rules of this ated and the ethics rules were estab- lier this year, a complaint can be dis- nature necessarily involves a number lished in 1968, as well as when the rules missed just by the passage of time. A

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1876 CONGRESSIONAL RECORD — HOUSE April 12, 2005 period as brief as 45 days from the date termination has been made that the tation could be barred. In short, the of the complaint is deemed to satisfy issuance of such a statement in an ap- ethics process in the House has been se- the procedural requirements of the propriate way to resolve a complaint or riously damaged by both the substance rule; and if it is not disposed of any other allegation of misconduct is an of these rules changes and the sum- other way, the passage of that 45 days appropriate disposition. mary partisan manner in which these will result in automatic dismissal of Where a Member is going to be the changes were adopted. the complaint. Members of the com- subject of such a letter or similar In the case of the latter rule, imagine mittee could have during that period statement, it is not, I agree, unreason- the lawyer that is representing the ac- sat on their hands, or they may have able to grant that Member certain cused having the absolute right to rep- been engaged in the August recess be- rights, such as prior notice and a resent all of the witnesses that are cause it is not legislative days, it is meaningful opportunity to respond, but going to be interviewed in the case, calendar days. the rules changes go well beyond this certainly undermining the ability of One wonders if the drafters of this for they also grant such a Member the the committee to do its job. rule were even aware that in 1997, the right to demand that the committee But we are still in the early months House strongly rejected an automatic create an adjudicatory, a trial, if you of this Congress, and it is not too late dismissal rule that was far less restric- will, subcommittee that is to conduct to undo the damage that has been tive than this one. The proposal consid- an immediate hearing, an immediate done. We can once again have an ethics ered at that time applied where a mo- trial, on the conduct in question. process in the House that commands tion before the committee to refer a Where the committee proposes to re- the confidence and respect of both the complaint to an investigative com- solve the complaint by issuance of a Members of this body and the public. mittee did not pass, and it provided in letter, this trial would take place with- The first step, Mr. Speaker, is to re- that instance for automatic dismissal out any formal investigation of the peal those rules changes and to affirm of the complaint after 180 days from matter ever having been conducted, that any changes in either the sub- the date of the vote, a lot longer than without a single subpoena ever having stantive ethics rules or the rules gov- 45 days under this automatic dismissal been issued or a single deposition ever erning committee procedure will be rule. But even with the 180-day auto- been taken. It gives the Member the made as they have always been made in the past, only in a deliberative, open matic dismissal, this House of Rep- right to jump immediately to the trial and genuinely bipartisan manner. resentatives in the only recorded vote stage. Mr. Speaker, at this time I yield to in the full House on a bipartisan basis No committee that is at all serious the gentleman from Maryland (Mr. rejected the idea of a complaint being about conducting its business would CARDIN). automatically dismissed that is pend- allow itself to be put in such a situa- Mr. CARDIN. Mr. Speaker, I thank ing before the Committee on Standards tion. It emasculates that part of the the gentleman from West Virginia (Mr. committee’s power and ability to, in of Official Conduct simply by the pas- MOLLOHAN) for yielding me this time. sage of time. proper due process order, develop the I had the opportunity to serve on the Even that proposal was defeated on a factual basis for a disposition perhaps House Committee on Standards of Offi- bipartisan vote because it was recog- involving a trial. cial Conduct for a little over 6 years nized that any automatic dismissal It may well be that this immediate during some very difficult times for rule simply promotes deadlock and trial provision was included in the this institution. I remember Speaker partisanship on the committee. It pro- rules in order to force the committee, Foley calling me and asking me to motes inaction. It encourages members whenever a complaint is filed, to decide serve on the Committee on Standards not to fulfill their responsibility. This between two alternatives: either dis- of Official Conduct. It was not a re- is especially so in those controversial, miss the complaint without having any quest. I was being drafted to carry out high-profile complaints that come be- comment whatsoever on the conduct of a very important responsibility that fore the committee, and it is in the the respondent, or refer the complaint we all have. Under the Constitution, we handling of complaints of that kind to an investigative subcommittee for must judge the conduct of our own that the committee’s credibility is formal investigation. But there is no Members. It is a solemn responsibility. most at stake. valid reason to hamstring the com- How we go about doing that will reflect Mr. Speaker, if the Committee on mittee in this manner. on the integrity of this institution, and Standards of Official Conduct is to be The resolution I have proposed would that is why it is so important that we worthy of its name, its members must repeal the right to demand an imme- do it in the right manner and in a bi- give thoughtful, reasoned consider- diate trial but would substitute instead partisan manner. ation to every complaint that comes the far more reasonable right to de- Mr. Speaker, we are all human and before it; and any rule that would trun- mand that the committee commission we do make mistakes, and that is why cate that responsibility, that would a formal investigation of the conduct we need a Committee on Standards of provide for an automatic dismissal of in question. Official Conduct, to give guidance to the complaint based on the inaction of Mr. Speaker, the third rules change, Members as well as monitor the con- the members cannot be allowed to the so-called right to counsel provi- duct so the public has confidence that stand if our credibility is going to re- sion, is particularly mischievous, and in fact we are carrying out our Con- main intact. it might be better characterized as the stitutional responsibility to judge the The rules changes that grant certain ‘‘right to orchestrate testimony provi- conduct of our Members. so-called due process rights to Mem- sion.’’ For that reason, I thank the gen- bers apply whether the committee or This rules change prohibits the Com- tleman from West Virginia (Mr. MOL- an investigative subcommittee pro- mittee on Standards of Official Con- LOHAN) for his service on the Com- poses to conclude a matter by issuing a duct from requiring in any cir- mittee on Standards of Official Con- letter or other statement that ref- cumstances that a respondent or wit- duct, very distinguished service on be- erences the conduct of a particular ness in a case retain an attorney who half of this institution. And I also Member. While statements of that kind does not represent someone else in the thank the gentleman from California do not constitute and are not charac- case. This change is particularly egre- (Mr. BERMAN), who has devoted much terized as a sanction, the committee gious in that two separate investiga- of his time to the ethics work, as has has been very cautious about issuing tive subcommittees of the Committee the gentleman from Massachusetts them; and, of course, like any other on Standards of Official Conduct had (Mr. DELAHUNT). I thank him for his committee action, such a statement raised the concern that an attorney’s work on ethics issues. We do not issue cannot be issued without the bipar- representation of multiple clients in a many press releases for this work. This tisan support of committee members. case may impair the fact-finding proc- is not something Members do because It is also important that statements ess, and those investigative sub- they want to do, it is something Mem- of this kind are issued only where the committees recommended to the full bers do because they have to. conduct involved has not been the sub- committee the adoption of a rule or Mr. Speaker, I was on the Committee ject of a formal investigation, and a de- policy under which multiple represen- on Standards of Official Conduct when

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1877 we had the charges brought against lican leadership and passed by the Mr. MOLLOHAN. I thank my friend Speaker Gingrich and the so-called membership on the first day of this ses- from Maryland. banking scandal. Both of those issues sion by this Congress. That 180-day I would like to invite our colleague were highly publicized, received a lot automatic dismissal was rejected by a from California (Mr. BERMAN) to join of attention and were extremely dif- bipartisan vote in this body in 1997. this discussion. ficult matters. I was one of the four The reason was quite simple: We Mr. BERMAN. Mr. Speaker, I appre- members of this body that served on thought it would just add or just bring ciate the gentleman yielding and to the the investigative subcommittee on us to partisan gridlock. ranking member of the committee, I Speaker Gingrich. We spent hundreds Unfortunately, I think that is ex- thank him for involving me in what I of hours in deliberations and in prep- actly what is happening. The first day think is a very important effort. I arations. We spent months in work, but of this session we passed a rules change think both he and I are not prone to we reached a conclusion. We reached a that says after 45 days there is an auto- come to the floor on Special Orders, conclusion not because it was easy. We matic dismissal of a complaint that is and I think our presence here tonight reached a conclusion because we were brought. So inaction becomes action. indicates just how strongly we feel able to listen to each other. We worked There have been many serious issues about what is being done to a process not as Democrats or Republicans. We that have confronted this Nation that that everyone participating in this worked as Members of this body to do have taken us terms of Congress to Special Order has spent a great deal of what we are required to do, and that is deal with. For instance, in working on time on. to judge the conduct of one of our own the welfare reauthorization bill, we If there is a member of the majority Members, and we reached a unanimous have been working on that for three or a staff member of the majority conclusion. Congresses, and we have not been able watching this, I would hope they might As a result of that particular case, to pass it. It has taken time. Inaction sit back, get past the irritation over this body thought that we should re- here becomes action. That is not what any particular action the committee view the rules under which the Com- it should be and obviously will not has taken that they may not have mittee on Standards of Official Con- have credibility with the public. liked and think what they have done duct operates. We thought it was ap- b 2030 and realize that what they have done in making these rules changes unilat- propriate to review the process that we Partisanship is rewarded with a dead- erally and breaching the fundamental use. So what did we do after the Ging- lock being dismissal. Each of us be- commitment to a bipartisan process, rich investigation? The majority leader longs to a political party. The pressure and the minority leader sat down and on us would be immense just to do what that ultimately will do and how worked out a process that would main- nothing for 45 days. I think that is that will play out in terms of destroy- tain the bipartisan reputation of the quite obvious. And that gets rewarded. ing the concept of an effective and ethics process and allow a fair, trans- The ethics process must be bipar- meaningful bipartisan Ethics Com- parent, open process for looking at tisan. We should not have a basic rule mittee process. changes in our ethics rules. that rewards partisanship. And then And that notwithstanding the con- I was named the co-chair of that task delay is rewarded. Inaction is re- stitutional mandate, we will be left force along with Bob Livingston, a Re- warded, as I indicated. And the com- with a situation where the rules of the publican, who was named the other co- plexity of the issues that you have to House and the standards of conduct chair, and we had an equal number of deal with on the Ethics Committee that we have promulgated and expect Democrats and Republicans on that would give you a practical reason to Members to adhere to will become es- task force. We held hearings, and we say, Well, I’m sorry, we couldn’t com- sentially unenforceable because of the had witnesses who came before us. plete it in time and now there’s an breach in the commitment to a bipar- Members came before us, and we automatic dismissal. tisan approach to these issues. looked at the concerns that were ex- I think about the Gingrich case that For me, that approach means the pressed during the Gingrich investiga- I had to investigate, and I think about members of the committee throw aside tion about trying to move in a more the complexities and the documents the question of how the partisan impli- timely manner to give due process to and the depositions and all the work cations of a particular action play out each Member and looked at ways to that we did in that case. You could not and search for the facts and apply the streamline the process but still main- possibly have done that in 45 days and rules of official conduct and the appro- tain the integrity of the ethics process. do justice to the Member who is ac- priate standards that have been adopt- That was our charge. We came up with cused or the institution that is being ed by this body and apply those to changes, and we did that in a bipar- challenged as to whether we can, in those facts in a fair, objective, and tisan vote of our commission. fact, investigate a case fairly. Yet this independent way without focusing pri- The only way the ethics process rule change will say, if you cannot marily on the political or partisan works is if it is bipartisan. We cannot complete it in 45 days, there can be an ramifications of that. do it just because one side has the automatic dismissal. Both of the previous speakers have votes in the majority. We must main- So, Mr. Speaker, for all the reasons spent a great deal of time both talking tain the bipartisan manner of the eth- that the gentleman from West Virginia about the process and developing the ics process, including the way we has pointed out on substance, these rule. When I was asked to become the change the rules, if we are going to be rules changes were wrong; but I think ranking member of the Ethics Com- able to maintain the integrity of the the underlining point, the most impor- mittee, Minority Leader Gephardt told process and be able to look the public tant point here is the process must be me about this and after a little bit of in the eye and say, yes, we are carrying bipartisan. It was violated in these depression at the thought that I would out our constitutional responsibilities rules changes that were passed at the have to spend a serious amount of time to judge conduct of our own Members. beginning of this Congress. I urge my doing this because, as the gentleman The gentleman from West Virginia colleagues to listen to the gentleman from Maryland mentioned, none of us (Mr. MOLLOHAN) has gone through the from West Virginia. Let us repeal those relish this particular job, it is a great three rules changes passed at the be- three rules changes and go back to a deal of time, its direct impact on our ginning of this Congress on a partisan process that has served this institution own constituents or on the substantive vote. I want to talk about one, the well over many, many Congresses, a bi- issues we care about is relatively automatic dismissal. partisan process, a true bipartisan minor. We are here and we have taken It was interesting, in 1997, a Member process to look at rules of the com- this position in the past because of our of this body offered an amendment to mittee and, if changes are needed, to do own commitment to the institution, a our rules package and suggested after that in a bipartisan manner rather very important institution, the House 180 days there be an automatic dis- than by the strict votes of the major- of Representatives, and how the work missal of a complaint, a much more ity. I would urge us to do that for the of that House is going to be conducted. modest proposal than the one ulti- sake of the integrity of this institu- But when Mr. Gephardt asked me to mately brought forward by the Repub- tion. do it, I said, Dick, I don’t want to fight

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1878 CONGRESSIONAL RECORD — HOUSE April 12, 2005 the political battles and the partisan I do want to make one other point. The second rule that allows the de- battles in the Ethics Committee. He This is the only committee in the mand of an immediate adjudication is says, The reason I am asking you to House that is equally divided between also defective, because by doing so, the take this position is because I want to Democrats and Republicans. It was the respondent can obviate the investiga- end the Ethics Committee as a place intention of this committee at the cre- tive process and it can be motivated by where partisan battles will be carried ation of this committee and the forma- the same intent, to cut short the inves- out. It is my commitment to that proc- tion of this committee that things be tigation, to take away the give-and- ess that causes me to ask you to take done on a bipartisan basis, staff hired take between the parties so that they this position. on a bipartisan basis, disciplinary mat- can come to an agreed-upon statement With that understanding, I did. And I ters dealt with on a bipartisan basis, which should be sent by the full com- had the great pleasure of working with advise and consent. When people want mittee to the investigative sub- three separate Republican chairmen, to know interpretations, we approach committee to pursue, weeding out the members of the majority, our former it without regard to the political and false complaints or the minor issues, colleague Jim Hansen for the first 2 partisan implications of the Member the ones that do not raise substantial years, my friend and colleague LAMAR who is requesting or the individual who questions that the rules were violated, SMITH for the next 2 years, and in the is the object of the disciplinary inves- including the ones that do. It is just last 2 years of the Congress for the re- tigation. another way of undermining that proc- cent chairman of the committee, JOEL Going to the rules changes, when ess, because you cut short the whole HEFLEY. In those 6 years with three dif- former Congressman Tauzin offered an investigation. That preliminary inves- ferent chairmen and a number of dif- amendment to the ethics task force re- tigation is very important in making ferent members of the committee, par- port which provided automatic dis- this whole process work. ticularly on the majority side, if I can missal for 180 days, as both my col- Finally, my last comment is on the think of two votes, two times where in leagues who preceded me have men- collusion rule, where you explicitly a disciplinary matter there was a divi- tioned, a far more lenient provision allow attorneys to represent more than sion of the vote, that we did not reach than the one adopted at this particular one party in a matter. Not leaving it to a consensus that was accepted initially time, our friend and colleague HENRY the discretion of the committee, but by the chair and the ranking member HYDE said, Why not adopt it? When ju- saying that an attorney has a right to and then by the entire committee, I ries deadlock, the case is dismissed. represent a number of the different cannot think of more than two votes. But in saying so, he made our point. people being investigated, you are es- And on the two times when I remem- The judge does not tell the jury, if you sentially telling the Member of Con- ber there being some divided votes, don’t decide in 2 days or 3 days or any gress who is the object of a complaint, they were not done on partisan number of days, if you are deadlocked Go out, hire the lawyer, pay for him to grounds; they were done on individual at that point, the case is dismissed. represent anybody on your staff or any members’ interpretations of the facts You do not create incentives for people of your friends who might be the sub- applying the rules of conduct to those not to decide. With a rule like this in ject of this investigation as well and facts. place, the respondent, the object of the approach a common defense which pre- What has happened here would have complaint, knows that stonewalling ul- cludes the ability to really effectively been unthinkable during those 6 years, timately leads to dismissal, that Mem- ascertain the facts. It is truly a collu- that the majority party would decide bers of the respondent’s political party, sion rule. There may be times when it to embed fundamental changes in the be they Democrat or Republican, are is appropriate for the attorney to rep- rules inside the larger House rules now incentivized not to move ahead resent more than one person involved package, thereby forcing those rules to with the investigation because a cer- in the matter, but to give it as a mat- be addressed in a partisan fashion and tain result is predetermined after a ter of right to the respondent in this then, without consultation with the certain number of days, and the kind of kind of a case sets up a dynamic, again, minority, without showing the minor- collaboration and coordination that that destroys the ability of the Ethics ity what those rules changes were for takes place between the chair and the Committee to function effectively and there to be any possible give-and-take ranking member as they come to a de- efficiently. or effort to achieve a consensus, ram- termination of whether or not they With all of those comments, they all ming through those changes in the should seek to create an investigative go to the overarching point: sub- Ethics Committee rules in a way that I subcommittee or to ask the full com- stantively, these rules are a mistake. will try to establish, as I think both of mittee to create an investigative sub- The way they were done is intolerable. the colleagues preceding me have, hurt committee is over. I do not know how one could continue the process and hurt it very fundamen- There can be many issues in these to be part of a process when we have tally. complaints. Some of them maybe abandoned that kind of comity and bi- So apart from anything else and even should go forward. Some of them partisanship that has been a hallmark the substantive provisions of these should not. There is a whole process by of this process. The same leadership rules changes, the fact that it would be which staff and the Chair and the rank- that decided to do this, I think, in a fit done on a partisan basis, without con- ing member work together to inves- of anger and perhaps in a moment of sultation, without an effort to reach a tigate and try to come to a collabo- unbridled passion has over and over consensus, without coming from the bi- rative determination. Either one of again prior to this time reaffirmed partisan Ethics Committee was a ter- them under the rules that have existed their desire to have a bipartisan proc- rible, terrible mistake and shakes all have a right to put the item on the ess as evidenced by the people they ap- of our confidence in whether this proc- agenda if they think there is no further pointed and by the way those people ess is even a process we want to par- chance at consensus. But the one thing proceeded and by the efforts to do ev- ticipate in. I know is that when you set a time erything on a collaborative basis. I say all of that preliminarily just to limit, especially a time limit as short And it worked. And it worked well. say that I hope calmer minds and peo- as this one, for the automatic dis- We did not go crazy going after Mem- ple who put their concern for the insti- missal, you are incentivizing those who bers on pointless grounds. We were not tution above their irritation with a do not want the process to go forward a runaway committee. We also, con- particular case will think again about without regard to what the facts are. versely, did not throw evidence of real what they have done and convene some You are incentivizing them to make violations into the trash can and ig- process by which we can bring back the sure that nothing happens, because the nore them. Why we would want to alter comity that has existed, I think, dur- result, the conclusion of dismissal is that fundamental process at this par- ing the gentleman from West Virginia’s preordained. It is a terrible mistake. It ticular point to the damage of this in- tenure as ranking member and cer- is an assault on the collaborative proc- stitution, I do not know. tainly for the 6 years preceding that ess that this committee should operate when I was ranking member, because I under and just has to be changed if we b 2045 think we will all be better served by are going to really move forward in a Mr. MOLLOHAN. Mr. Speaker, I that. positive way. want to thank the gentleman from

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1879 California and the gentleman from and were adopted. Because I think the for underscoring how important this Maryland alike, who, based upon years real issue here will be not just the ero- matter is. of commitment to the Committee on sion of the respect of the institution Mr. DELAHUNT. Mr. Speaker, if the Standards of Official Conduct process over time, but there will be demands gentleman will continue to yield, if I in the House and lots of experience from the outside. There will be a legiti- may just pose a question, again there with different cases and the fashioning mate question posed by the American is a wealth of history that I am looking of different rules, for their very in- people as to whether this House can, in at right here in terms of the issue of sightful comments. fact, police itself, whether we have the ethical standards in this particular in- I now yield to the gentleman from capacity to maintain high standards. stitution. Has there ever been before a Massachusetts (Mr. DELAHUNT), a Mem- If we abrogate that responsibility, moment in terms of ethical standards ber who has a very long history, a dis- not only do we do damage, in my opin- where a unilateral initiative has been tinguished career in law enforcement ion, to this institution, but we chip imposed on the body without a collabo- as a District Attorney in his home away at the health of American democ- rative effort, without consultation? State of Massachusetts, who in the last racy. People will begin to believe the Mr. MOLLOHAN. Mr. Speaker, re- Congress served extremely admirably worst. What is happening in that insti- claiming my time, I think that is ex- the Committee on Standards of Official tution? Are there backroom deals actly where we are today. There, in Conduct as he was called off the inves- going on? Or is the partisanship so ab- fact, has not been such a moment, and tigative subcommittee pool to review solutely venomous at this point in we have this process that is offensive one of the most unusual cases that the time that they cannot work together in and of itself, that is a serious break Committee on Standards of Official and there should be some sort of inde- with all tradition with the Committee Conduct has looked at. I thank the pendent group or independent commis- on Standards of Official Conduct when gentleman for joining us tonight. sion that polices those Members of its formation was conducted in a bipar- Mr. DELAHUNT. Mr. Speaker, I Congress? That would indeed be unfor- tisan manner. The subsequent rules thank the ranking member for yielding tunate, in my judgment. changes, as both the gentleman from to me. Mr. CARDIN. Mr. Speaker, will the Maryland (Mr. CARDIN) and the gen- I have to say they have all served gentleman yield? tleman from California (Mr. BERMAN) this institution well. They provided me Mr. MOLLOHAN. I yield to the gen- have described in considerable detail with a real history lesson here this tleman from Maryland. because they were involved, all those evening. I am probably, maybe with Mr. CARDIN. Mr. Speaker, I appre- processes were bipartisan. They one exception, their senior in terms of ciate the gentleman from Massachu- brought us bipartisan rules, and they age, but they carry a wealth of insight setts’ comments, and I agree com- brought us rules that were voted on by and experience in this issue. pletely with his point. The point that the full House of Representatives as a What I found particularly interesting all of us who have served on the Com- bipartisan package. The process was was that single experience I had serv- mittee on Standards of Official Con- not offensive. Neither were the rules ing on that subpanel in many ways re- duct and have gone through investiga- offensive. flected what they each individually tions understand that when we meet in In this case, the process breaks with came to a conclusion. What I discov- that investigative setting when we that tradition. It is patently partisan. ered was that it worked. We worked have a specific matter before us and The most partisan vote we have in the hard, much harder than I anticipated. when we start looking at the rules of House of Representative is a party-line It was long hours. We brought before the House and the precedence of the vote, and that is a vote that attempts that subcommittee a significant num- House, we do not get into a disagree- to impose these rules upon the Com- ber of Members of this House. They ment along party lines as to what the mittee on Standards of Official Con- fully cooperated, each and every single rules are and what the expected con- duct, a party-line vote. All the Repub- one of them; and we worked in a bipar- duct is. We then look at the facts, and licans voting for them; all the Demo- tisan fashion. once again the facts become the facts, crats voting against them. So the proc- The two Republicans that served on and we do not divide along party lines ess is tainted. that particular panel, I knew one be- as to what the facts are and how we So it is no surprise that these three fore and I happened to be a classmate, apply them to the rules, and generally, rules are extremely offensive. If they and the other one I never really had as the gentleman from California (Mr. had been fashioned in a bipartisan any contact or communication with. BERMAN) pointed out, in an over- process, they would have been vetted. And I have to tell my colleagues I was whelming number of cases we reach They would have been challenged. They extremely impressed with their con- consensus, unanimous judgment, as to have would have been compromised in cern about this institution, with their what the rules of the House applied to that task force format, and they would professionalism, with their standards the facts require us to do. not have come to the body flawed as and their willingness to work in an ex- And even when we reach disagree- they were. tremely collaborative way. It truly was ment, it is not along party lines. Some- When we undertake a partisan proc- a lesson that bipartisanship exists in times there is disagreement on the in- ess, we cannot create a bipartisan enti- this institution, and particularly in the terpretation of the rules or the facts, ty. It is definitionally impossible to do. rubric in the format of an ethics inves- but they are not along party lines. So now we have three rules. We have tigation is absolutely essential. In every case that I can ever recall in had to suffer under a partisan process We talked about the House today, the Committee on Standards of Official established to affect a bipartisan com- and we all obviously go back to our Conduct, that is exactly how we pro- mittee. But we also have three rules home districts, and we hear our own ceeded and reached judgment, because that are terribly flawed. constituents decry what they perceive of the point that the gentleman said, And the bottom line here is tonight to be the strident level of partisanship the seriousness of our work and the and the message that we want to get that, unfortunately, does exist today credibility of this institution and the across to our colleagues and to the within this institution. But my experi- confidence of this institution is very whole Nation is that if we are going to ence on that subpanel was really in- much affected by it. have a bipartisan Committee on Stand- formative, that those who love the in- I think what is extremely dis- ards of Official Conduct, we have to stitution, those who understand that if appointing is that we now have rules have a bipartisan process to fashion there is a lack of confidence in the in- changes that were dictated in a very the rules and to constitute the com- tegrity of this institution by the Amer- partisan manner that make it impos- mittee, and we also have to challenge ican people that we erode the health, if sible for the committee to function. these three rules that are brought to us you will, the viability of our democ- This is one of the few bastions of non- in a partisan process. racy. partisan activity within the Congress. Automatic dismissal of a complaint It really is a sad comment that, with- Now that is unable to operate because after 45 days is extremely mischievous out consultation, in a unilateral move, of the way the rules changes were to the process. As all of my colleagues these rules changes came to the floor made, and I just thank the gentleman have pointed out, rules should exist to

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1880 CONGRESSIONAL RECORD — HOUSE April 12, 2005 help people do the right thing. An b 2100 members of the committee that would automatic dismissal rule in 45 days Mr. CARDIN. I cannot think of any have fully, both present and former, incentivizes Members in a highly case that we ever had that could have understood how dangerous these rule charged partisan institution to sit on been handled in 45 days. I am just try- changes were. their hands for 45 days and let this re- ing to think about the time period for Mr. MOLLOHAN. Mr. Speaker, re- sponsibility pass to have an automatic. answer, the time period for staff re- claiming my time, that opportunity ex- The same sort of undermining is taking view, the time period just to verify ists with H. Res. 131, the resolution place with regard to a rule that will basic simple facts. Even in the simplest that I introduced on March 1, that is automatically allow an accused to get case, I do not know of any case that we now pending before the Committee on their lawyer to represent all of the wit- could have handled in a professional Rules. Last week I wrote the distin- nesses that the committee is trying to manner within a 45-day period. guished chairman of the Committee on investigate. Mr. MOLLOHAN. Mr. Speaker, re- Rules and respectfully requested an op- The gentleman from Massachusetts claiming my time, exactly. Under the portunity to testify before the Com- was a prosecutor for 25 years or how- new rules, to be perfectly clear about mittee on Rules in support of H. Res. ever long it was, and the gentleman, I it, the 45-day period would toll once an 131, to raise some of the questions that know, understands how mischievous investigative subcommittee were ap- have been so eloquently and capably that would be to an investigative proc- pointed. But the point here is that the discussed here tonight. ess. effort of any of those who did not want I think the gentleman’s point is very Mr. DELAHUNT. Mr. Speaker, if the to have to fulfill their responsibilities well taken: the rules package was an gentleman will continue to yield, to be and actually consider the merits of the omnibus rules package. These are three perfectly candid, I think a lawyer who case, anyone, any party, any five mem- ethics rules embedded in the rules would take on the assignment of mul- bers who had that attitude could sim- package, so it did not get the kind of tiple representation could very well ply avoid the question of creating an visibility, the kind of attention that it find him or herself in an ethical di- investigative subcommittee and easily would get if H. Res. 131 were brought to lemma. Because, clearly, not all wit- do it. There are two clocks that run the floor of the House. Then we would nesses have the same interests. So for when a complaint is filed, a 45-day have an opportunity to fully debate all an attorney to do that really has eth- clock and a 30-day clock to answer it; of these issues and, more importantly, ical overtones as well. It just does not and then you would have 15 days to ac- our colleagues, both Democrat and Re- make any sense. tually dispose of the matter publican, would have a chance to vote In fact, one of the recommendations Mr. BERMAN. If the gentleman on these discrete rules, understanding that came out of the subpanel that I would yield further, a tremendous how important they are to ensuring a served on was for the House to consider amount goes on before it ever gets to a credible ethics process and restoring it the sequestration of witnesses so that recommendation by the Chair and the to a bipartisan basis. the fact-finding process itself would ranking member to the full committee Mr. CARDIN. Mr. Speaker, if the gen- not be colored by conversations among to create the investigative sub- tleman will yield further, just as a staff and Members. And, as the gen- committee. final comment in answer to the gen- tleman knows, it was a unanimous re- I think of cases where staff had to go tleman from Massachusetts (Mr. port, and it was adopted unanimously to county courthouses to review deeds DELAHUNT), I do not know of it ever by the House. and a whole series of public records to being done the way these rules changes I hear sometimes comments about decide if there was any basis for mov- were made. We have always had a de- lack of due process. That is a whole ing forward. It is true that the staff at liberative process for the reasons the other issue, but I am very proud of that that point does not have the power of gentleman from California (Mr. BER- product, as I know my three colleagues subpoena and does not have the power MAN) and the gentleman from West Vir- were on the subpanel, and not once did to get records that are not in the pub- ginia (Mr. MOLLOHAN) pointed out, so an individual’s name ever appear in lic domain, but they do have the power we have a chance to understand the print. Not once. There was not a leak to informally talk to people who would ramifications of these changes. We because each of us understood the sig- have information about this, to look at have never had significant changes to nificance and the importance of taking public records. the ethics rules done on the opening this unpleasant task on in a role that You cannot do this in 45 days. You day by the majority without working reflected well on the House and re- cannot come to a serious recommenda- with the minority. flected the integrity of this institution. tion that you are going to make to the Mr. BERMAN. If the gentleman Mr. MOLLOHAN. Mr. Speaker, the full committee, that both the Chair would yield on that, the irony was at gentleman makes the point that in the and the ranking member can feel com- the time of the greatest anger about case that he worked on, and it is un- fortable that they can go to the full committee action, which was the case necessary to mention it by name, but committee and say we think now is the the gentleman participated in dealing that his investigative subcommittee, time to create the investigative sub- with a sitting Speaker of the House, he and his colleagues, did an excellent committee, unless you have that pre- the response was not then to change job. And one of the reasons they did is liminary work. Otherwise, you just every rule that bothered him. It was to because they were able to keep that in- might as well send everything to an in- create a bipartisan task force to look formation between the witnesses apart. vestigative subcommittee. at the rules, to look at it in the con- They were not able to have coordina- The flip side of an automatic dis- text of that case, to see if anything tion. Their testimony was not contami- missal is every charge gets inves- should be changed. That is the appro- nated in that way. And that is why tigated, with subpoenas and deposi- priate response if you are upset with they came up with such a clean, hard tions and seizing of records through the way some particular rule seems to decision, which was adopted unani- warrants, which would be a terrible be working at the present time. mously by the investigative sub- thing for the due process rights of Mr. DELAHUNT. Mr. Speaker, if the committee and was adopted unani- Members. So we are messing with gentleman will continue to yield, I mously by the full committee. something we should not be messing would say to the gentleman from Mr. DELAHUNT. And we never could with here, and it is going to hurt the Maryland (Mr. CARDIN), maybe it is have done it, Mr. Speaker, in 45 days. institution. time for you again and the gentleman Never. By the way, if this were not part of from West Virginia (Mr. MOLLOHAN) Mr. MOLLOHAN. Mr. Speaker, I ask the larger rules package on an opening and the gentleman from California (Mr. the gentleman, how long did it take day, a very small part in terms of the BERMAN) to serve on a bipartisan task them to come with that investigation? substantive works, I believe there are force with that in mind. Mr. DELAHUNT. I think it was in Members on the other side of the aisle Mr. MOLLOHAN. Mr. Speaker, re- the neighborhood of 6 months, and who would have supported the position claiming my time, let me thank you there were multiple, multiple meet- we are now taking on the substance of tonight for overseeing our Special ings. these rules; and I know there were Order. I express special appreciation to

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1881 these three distinguished Members of There comes a time in history when it ought not be partisan, that we ought the House, my colleagues, for their par- a problem is large enough to see, yet to concentrate on preserving that nest ticipation. still small enough to fix, and I believe egg, and, finally, it is your money, that I think this has been an extremely that Social Security is exactly at that it is Americans’ money, we will go a reasoned, hopefully informative and stage. The problem is large enough to long way towards ending up with the persuasive prayer to the Republican see, but still small enough to fix. right solution. leadership to look at this issue, to take Let me begin very briefly, and then I am privileged to be joined tonight a second look at it, be impressed by the have some of my colleagues join me. I by a number of my colleagues who will fact that we are not operating in a bi- would like to talk about some prin- touch on some issues as they relate to partisan process, and we must if we are ciples. I think it is important when we Social Security and their perspective. going to have a credible Committee on have discussions about public policy, First is the gentleman from South Standards of Official Conduct, and then especially on something as important Carolina (Mr. WILSON). The gentleman to look substantively at these three as Social Security, that we stick to from South Carolina (Mr. WILSON) re- rules, how they undermine, create mis- principles. I can outline four or five cently returned from that 2-week pe- chief, make it impossible, really, to principles that I find to be incredibly riod conducting over 20 town meetings conduct the oversight, the ethical over- important in this discussion about So- with constituents regarding Social Se- sight of the House of Representatives cial Security. curity. in a way that will make the institution The first one is that it is a promise. When I think of those Members of the proud and make us credible to the I believe and I suspect that the major- House who have the highest level of American people. ity of Americans believe that Social honor and integrity, the gentleman f Security is not just a government pro- from South Carolina (Mr. WILSON) is SOLVING THE CHALLENGE OF gram; it is not just a program that was right at the top of that list. In my very SOCIAL SECURITY instituted 70 years ago willy-nilly. It is short period of time here in Congress, I more than a safety net. It is a promise. have come to appreciate him greatly. The SPEAKER pro tempore (Mr. It is a covenant with the American He is the grandfather of two young DAVIS of Kentucky). Under the Speak- people by all of us to the generations of boys, and he clearly understands the er’s announced policy of January 4, hard-working Americans, and it says demographic challenges that are facing 2005, the gentleman from Georgia (Mr. that Washington took money from Social Security and the need to PRICE) is recognized for 60 minutes as your paycheck, your paycheck, your strengthen the system now. the designee of the majority leader. entire life, and they made a promise to With that, I yield to the gentleman Mr. PRICE of Georgia. Mr. Speaker, I from South Carolina (Mr. WILSON). appreciate the opportunity to address you to return that money upon your Mr. WILSON of South Carolina. Mr. the House this evening on an issue that retirement. So it is a promise. The second principle that I think is Speaker, I thank the gentleman from is really of utmost importance and ur- important to keep in mind is that of Georgia (Mr. PRICE) for his leadership gency. It is something that has been in generational fairness. It is imperative tonight. It is just a great honor to be the news an awful lot over the past here on this very important issue of number of weeks and months; and that we save and that we secure Social Social Security and strengthening So- hopefully tonight we will be able, along Security so that our children and our cial Security, and I appreciate again with some of my colleagues, to bring grandchildren will receive the same what the gentleman is doing to bring some greater clarity to the importance benefits that we when we retire will to the attention, Mr. Speaker, of our of this issue, as well as the importance have enjoyed. So generational fairness. of solving the challenge of this issue, It only works when it is fair for all colleagues, additionally to the Amer- and that issue is Social Security. Americans. ican people, the importance of how we As a freshman here in Congress, when The third principle, and this is a can and why we need to strengthen So- I go home I get asked, What are your tough one in this institution, and I was cial Security. impressions of Congress? What is going listening to my colleagues on the other The gentleman from Georgia (Mr. on up there? side of the aisle a little bit earlier and PRICE) himself is an indication of the I am struck by two things. The first sometimes with amusement, but the leadership in our Congress, and I am so is that we live in challenging times, in- third, which I am serious about and I proud. Even though he is just a fresh- credibly challenging times, and there believe that all of us should be, is that man, he is making such a difference. are issues that demand attention and this issue should not be partisan. It I had the extraordinary opportunity that demand the honest, hard work of ought not be partisan. in 2001 to be part of the first Repub- the people in Congress on behalf of the When it comes to the retirement of lican majority in the State Senate of citizens of our Nation, and it is impera- tens of millions of Americans, there South Carolina in 124 years, but the tive that we act. Our constituents de- are not Democrats or Republicans. We gentleman from Georgia (Mr. PRICE) mand that we act, and it is appropriate are all Americans, and those Ameri- had in 2002 the opportunity to be the that they should do so. cans are counting on us to work to- first participant in the Republican ma- The second impression that I have is gether and to do what is right for the jority in the State Senate of Georgia in that I could not be more proud to serve current generation and for future gen- 125 years. Then, as an indication of his with a President who is not afraid to erations and those just entering the leadership, he was elected leader of the tackle big issues. We have got some in- workforce. So it ought not be partisan. State Senate of Georgia, again the first credible issues before us, Social Secu- Fourth is that concept of a nest egg. Republican in 125 years. Then he, of rity being one of them, and this Presi- All working Americans deserve the course, ran for Congress last year, and dent has put it on the table and said, peace of mind that if they live by the is making such a difference. Ladies and gentlemen, let’s work to- rules and they work hard and they live The reason that we are here indeed to gether honestly and sincerely and let’s up to their responsibilities, that there discuss the issue of why we need to solve this problem. ought to be a nest egg available to strengthen Social Security I believe is We had a break at home recently; we them, taken from that money that very simple: it is demographics. This is were all home for 2 weeks talking to they have so generously put into the not criticism of a political party; it is our constituents and our neighbors and Social Security system. not criticism of individuals. What we friends, and I had the privilege of being Finally, and we oftentimes find that are doing is recognizing something ac- with Secretary of Health and Human Washington forgets this, but to all tually very good, and that is that the Services Mike Levitt, who was speak- Americans, this is your money. This is American people are living longer. ing to a group about Social Security, your money. It is not the government’s In 1935, when the Social Security sys- and he kind of crystallized it, I money; it is your money. It is your fu- tem was implemented, the average lon- thought, really very, very well. ture, and it is your life. gevity, the age of what a person in the He said, There comes a time in his- I think if we keep in mind those prin- United States would live, was 59 years tory when a problem is large enough to ciples, that it is a promise, that there old. Today, it is 77.3. I think that is see, yet still small enough to fix. ought to be generational fairness, that great. It is a testimonial to our health

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1882 CONGRESSIONAL RECORD — HOUSE April 12, 2005 care, to the health care delivery sys- is 31 years old. That is significant, 31 Security system will have on his chil- tem, to the physicians of our country, years old, because 36 years from today, dren and his grandchildren and all of to the living standards of the American he will be 67. He would be retiring. The us. people. moment he begins to retire, July 16, So I thank the gentleman, and I yield to him to discuss this issue. b 2115 2041, the Social Security system would go bankrupt. That is outrageous. Mr. CONAWAY. Mr. Speaker, I appre- I had the opportunity to bring this to I am very proud of Alan. This is a ciate that. the attention, as the gentleman from picture of where he returned to Fort I, too, want to add my thanks to the Georgia (Mr. PRICE) has indicated, to 20 Stewart from a year serving in Iraq. gentleman from Georgia for hosting town hall meetings recently: the Resi- So our veterans of Iraq in the war on this hour tonight and for going to the dence Hall Association of the Univer- terrorism, protecting the American lengths that he has gone to gather us sity of South Carolina, to the Latin people, they are working to protect our together to talk about this very impor- American Council of Beaufort County, country. We need to look out for young tant issue. Had I realized that we could to the Aiken County Chamber of Com- people like Alan, 31 years old, who use grandchildren as props as the gen- merce, to the employees of Palmetto would be catastrophically affected. tleman from South Carolina (Mr. WIL- Electric Coop. Everywhere I went, and Then, of course, my grandchildren. I SON) did, I would have brought pictures I spoke at Estill High School, Hampton am very proud, because this week I was of mine, because I want to make ref- High School, everywhere I went I was with my 2-year-old at the South Con- erence to my six wonderful grand- able to bring to the attention of people garee Rodeo Festival, and here he is in children in a few minutes. So the gen- of all ages that, due to demographics, his little cowboy hat. Little Addison tleman from South Carolina, as al- we need to make changes and address would be 37, 38 years old when our sys- ways, has set a very high standard for the concerns that we have with people tem will go bankrupt. Our newest born discussion in this Chamber. living longer. grandchild, born just this January, will Over the last several weeks at least, Then, of course, we had the cir- be 35 years old when the system goes I have on occasion caught glimpses of a cumstance back in 1935, there were 40 bankrupt. That would be catastrophic. television commercial that I have workers who paid into the system, and My grandchildren, our grandchildren, found very troubling as we try to dis- then there was one beneficiary. Back in these young people would be affected cuss and talk about this very impor- 1950, that changed, of course, and there with an enormous tax increase that tant issue of Social Security reform. were 16 workers to a beneficiary. Cur- would be totally debilitating to their There is an organization out there that rently, there are 3.3 workers to a bene- best years of earning, so debilitating to has a commercial running that talks ficiary; and soon there will be just 2 their ability to truly fulfill what we about a clogged drain, a household workers to a beneficiary. That clearly want as part of the American dream. drain, and they use that as a compari- indicates we need to strengthen and re- So I want to thank my colleagues son to the problems and challenges form the system. who are here tonight. I want to thank that we face with Social Security. As I look at what we are doing, it is the gentleman from Georgia (Mr. On its face, it is ludicrous to compare very frustrating to me that many peo- PRICE) for his leadership, and I want to a normal, everyday occurrence of a ple seem to indicate that, because the thank President Bush for his courage clogged drain, one that you fix out of crisis is not going to come about until to point out that this is an issue that your normal operating budget and one the year 2041, that it really does not needs to be addressed now. It needs to that just happens all the time, to the impact people and maybe we do not be addressed for the baby boomers, it very difficult-to-solve problems that need to address and make the changes needs to be addressed for the young we face with Social Security. We can- that are necessary. But I need to tell people who are in their 30s, high school not fix those out of our normal oper- my colleagues, I understand perfectly students, college students, infants who ating budget, the normal budgetary that in fact it affects everyone in this were just born. We need to address this, process, the problems that we have room, it affects our families. and I know my colleagues tonight will where in 2017 we will begin to run a I appreciate the gentleman from be presenting to the American people cash flow deficit. That means that the Georgia (Mr. PRICE) pointing out my how important this is. payroll taxes that we collect each year grandchildren, but even before the Mr. PRICE of Georgia. Mr. Speaker, I will be less than the benefits that we grandchildren are impacted, it really thank the gentleman from South Caro- pay out. So at that point in time, we affects persons such as me, the baby lina (Mr. WILSON). He is absolutely will begin to have to use the surpluses boomers of America. right about the President, with his that have accumulated in Social Secu- Beginning in 2008, there will be 78 courage and leadership. The easy thing rity. That means that we have to bor- million people retiring; and what is in this issue is to do nothing. row the money in the open market to going to occur is that, beginning in Mr. WILSON of South Carolina. That redeem those IOUs, or we have to cut 2008, the number of retirees is going to is right. spending, Federal spending in other dramatically impact and affect the So- Mr. PRICE of Georgia. That is the areas to make up for that cash flow. cial Security system. In fact, it will go easy thing to do. Because there are a So a very significant problem is com- bankrupt in the year 2041. few years where people are not going to ing in 2017. The year 2041, that seems so far feel it, they are not going to feel that Then, in 2041, we will have paid back, away. I am very hopeful. I would be 93 pain, but the gentleman from South paid out in benefits all of the accumu- years old. So I have to tell my col- Carolina so vividly brings a face to lated surpluses that are in the Social leagues that that is maybe highly un- that by presenting his son and his Security trust; and, at that point in likely that I could be around. But a grandchildren, and I appreciate that time, current law, as it currently ex- dear friend of mine, Austin very, very much. ists, says that the beneficiaries in that Cunningham, who introduced me as I I would like now to yield to the gen- date, in 2041, will experience an imme- made a presentation like this one to tleman from Texas (Mr. CONAWAY), an- diate 27 percent haircut in their bene- the Orangeburg County Rotary Club, is other fellow freshman who is the father fits. So a clogged drain and a cash flow 92 years old. So I really hope that I am of four grown children and a grand- deficit in 2017, a system that is bank- there. father to six. He has demonstrated re- rupt in 2041, a 27 percent haircut in But that would be catastrophic for markable leadership in his 3 short benefits, that is a misplaced analogy if those of us as baby boomers if Social months in Congress with me, and over I have ever heard one. Security goes bankrupt. At the age of the break he conducted 15 Social Secu- Then this commercial goes on to say 93, we cannot begin second careers. rity town hall meetings in his district. that the solutions are like tearing There will not be other jobs. We need He brings excellent expertise to this down the house, and they have a bull- to address it. issue, because he is a CPA and a small dozer that runs through this house and Then I need to tell my colleagues business owner and former chief finan- destroys it totally. Well, as I look at that I am really proud that our oldest cial officer. He truly understands the the reforms that are being talked son, Alan, just returned from Iraq. He financial impact that a failing Social about, every time any of us talk about

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1883 it, whether it is the President in his owner and have lived in west Texas ‘‘I would like to extend an invitation crossing this country back and forth, nearly all my life. Since arriving in to the four of you that are addressed to trying to convince the American people Washington, I have been disappointed discuss all of our options, including that Social Security reform is some- by the political partisanship that has permanent solvency and some form of thing that we ought to be about today, inhibited a substantive and honest de- personal retirement accounts in deal- the first thing out of his mouth, the bate on Social Security reform. ing with the future of Social Security. first thing out of yours I suspect at our ‘‘It is time to set aside partisan dif- I call on you today to set up a meeting town hall meetings, the first out of ferences and come to the table to seri- with several of my colleagues to begin mine, is that current beneficiaries, my ously address Social Security reform. discussing these issues. I look forward mom and dad, this is not about you. We We must have an open debate that is to working with you.’’ have made you promises. You are get- free of political rhetoric and emotion I would say to my colleague from ting your Social Security benefits. You and, with your cooperation, we can at Georgia (Mr. PRICE), this letter will go will continue to get your benefits no least begin that discussion. out tomorrow to the leadership of matter what happens. No matter what ‘‘The best way to address this prob- AARP. I suspect there are other letters we do, we have made those promises lem is first to agree about the facts: similar to this that have gone to this and we are going to keep those. ‘‘Social Security is safe for today’s very influential organization that has Near-term beneficiaries, folks in the seniors, but is in serious danger for our millions of members, most of whom we 55 and up bracket, if that is where we children and grandchildren. look straight in the eye when we talk decide to draw the line, it is not about ‘‘Social Security is a pay-as-you-go about Social Security reform and we you either. Your benefits will not be af- system with today’s workers paying to tell them in as clear and convincing a fected. support today’s retirees. In just over a voice as we can, fixing Social Security And reforms that affect our grand- decade, the government will begin to is not about your benefits. children, my six and the grandchildren pay out more in Social Security bene- Those promises have been made. We of the gentleman from South Carolina fits than it collects in payroll taxes, are collectively going to keep those (Mr. WILSON), to say, look, if we think and shortfalls then grow larger with promises. The solutions that we are Social Security is good for my mom each passing year. talking about are about my grand- and dad, it is good for me, then we be- ‘‘Without changes, Social Security children and your grandchildren and lieve it is good for you as well. So we will be able to pay 100 percent of its making sure that Social Security is in are going to put reforms in place for current benefits until 2041 when Social place, that lifetime benefit, that life- our grandchildren. Security will be forced to cut benefits time annuity that protects all of us in So those are the reforms that this or- by at least 27 percent. our retirement years. So I thank the gentleman for his ganization equates with tearing down ‘‘This is an issue of generational fair- leadership tonight and bringing this the house and, in effect, destroying So- ness and the preservation of a promise issue to the table. cial Security. Again, a misplaced anal- made in 1935 to future generations of Mr. PRICE of Georgia. I thank the ogy. I do not think it is helpful to the retirees. This vital program shouldn’t gentleman from Texas (Mr. CONAWAY) discussion. I do not think it is helpful just be safe for those who are over the for his comments. I appreciate that. or adds to the effort that the gen- age of 55, it should be an equitable and And that letter really just gets to the tleman from Georgia (Mr. PRICE) viable program for our children and our heart of the matter. I hope to see that talked about. The gentleman is right. grandchildren. letter in their newsletter. They ought This is not a partisan issue. ‘‘After reviewing the facts, it is clear to be sending that kind of information The solutions that fit Social Security that the current system cannot be sus- out to their members because, as he do not wear jerseys. They do not wear tained. When looking towards a solu- said, it really is a disservice when the a Democrat jersey. They do not wear a tion, we all agree on two major points: level of discussion about something so Republican jersey. So to simply fill up benefits for individuals ages 55 and incredibly important sinks to these lit- the airwaves with conversations and older should not change, and that So- tle games that are played that are not discussions that are not productive, cial Security needs to remain solvent productive and that frankly do a dis- that are not about fixing the system; I for all future generations. Let’s use service to our Nation and to its citi- am from west Texas. We leave off the this as a starting point for discussion zens. So I thank the gentleman for his ‘‘G’’ on the word ‘‘fixing’’ often. So, to that moves us closer to crafting a com- participation this evening. the stenographer, there is no ‘‘G’’ in mon sense solution that fixes the prob- Now I would like to ask the gentle- the word ‘‘fixin’,’’ is counterproductive lem and does not simply place another woman from Virginia (Mrs. DRAKE), an- to this entire process. Band-Aid over it. other stellar member of the freshman So I want to add my voice to trying ‘‘The Federal Government has col- class who is going to join us. She is a to bring this organization to the table. lected hard-earned tax dollars from Realtor and former State delegate Part of our frustration is that we American workers and used them in a from Virginia. As a former small busi- cannot get folks who are opposing So- system that is on the path to bank- ness owner herself, she is extremely fa- cial Security reform to actually begin ruptcy and yields little return. We can- miliar with the positive impact pro- to sit down and have conversations not idly stand by and allow such a tecting Social Security will have on with us in our inside voices to talk looming financial problem to become a millions of American families and about what these solutions ought to be. crisis. Every year that we wait and do small businesses. And I yield time to So I am going to send a letter out to- nothing, it will cost the American tax- the gentlewoman from Virginia as she morrow to the leadership of AARP, the payer approximately $600 billion. consumes. American Association of Retired Per- ‘‘I have six wonderful grandchildren. Mrs. DRAKE. Mr. Speaker, I appre- sons, and it reads like this: What kind of a grandfather would I be ciate the opportunity to be here this ‘‘Dear leadership: I write today not if I asked them to mortgage their fu- evening and to speak to Americans only as a Member of Congress, but also ture retirement security on a system about such an important issue as So- as a member of your organization and that cannot sustain itself? I think the cial Security. a grandfather. We all know that the de- millions of grandparents who make up Mr. Speaker, protecting Social Secu- bate over Social Security has become the membership of AARP would agree rity for future generations is an invest- very political. However, I strongly be- with me on this. We must act now. ment today’s generation can no longer lieve that this program deserves to be wait to make. My colleagues who I considered above the fray of partisan b 2130 have joined here tonight to speak with politics. I am calling on you today to ‘‘Social Security is a contract with on this important issue have very ef- help craft a solution to the problem we ourselves. And that is a contract that fectively made the case for protecting are facing. we cannot and will not breach. Please, Social Security. Rather than to repeat ‘‘I am a CPA with experience in let us not make a partisan issue out of their arguments in favor of reform, I banking, health care, and the oil and retirement security for our seniors and would like to address a common argu- gas industry. I was a small business future generations of retirees. ment against what we propose.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1884 CONGRESSIONAL RECORD — HOUSE April 12, 2005 One argument about taking on the that we do nothing we add $600 billion they divert into their personal ac- huge task of saving the Social Security to the cost of reform, reform that ev- counts does not go away like it does system is what opponents to reform eryone agrees is inevitable. Call it today. It will remain with their family. call the ‘‘transition cost’’ associated what you want. Call it a crisis, a prob- It will be a true nest egg, an asset that with the undertaking. They say our lem, an issue, a concern. Whatever lan- is owned by that worker. program will not make Social Security guage you use to describe the Social We must add to the retirement secu- more solvent. They say it will cost Security situation that America faces, rity of future generations by allowing more to reform Social Security than to we cannot afford in this time of war them control over their own invest- just leave it alone. and budgetary constraint to add $600 ment. By permitting people to volun- Opponents of reform are right to be billion each year. Something must be tarily establish personal accounts, we concerned about the cost of action. As done, and it must be done today. strengthen the control they have over stewards of the tax dollar, Congress But if we do not act, the current So- their own financial future. must be fiscally responsible and spend cial Security payroll tax of 12.4 percent By reforming Social Security now, wisely on programs that work. But will have to skyrocket to 18 percent in we stop the $600 billion yearly cost of that is exactly why we need to act now, order to meet the needs of the baby inaction and allow current workers to because the cost of inaction is even boomer retirees. own their own nest egg. greater. As a former small business owner, I Mr. Speaker, it is time to act. It is Think about it this way: more Amer- can tell you, based on my experience, time to put aside partisanship. It is icans own their homes today than ever and at times it was tough, that paying time to work together to solve the before in our history. We have all heard 12.4 percent into a system that will re- problem that Social Security soon will this a number of times, and many turn me 1.6 percent on the dollar was be if we do not act. Let us put aside our economists like to use homeownership very, very difficult. I cannot imagine differences and vote on a plan that will as a gauge of our society’s well-being. trying to own a small business in the save Social Security for future genera- But why? Why is homeownership future and having to pay an even high- tions. such a badge of honor? What does it er payroll tax. Yet this is what will Mr. Speaker and my colleague from symbolize? Why is such a huge invest- happen if we do nothing. Georgia (Mr. PRICE), I think it is very ment and financial liability as a mort- If we leave the system alone, small exciting for Americans to have a gage considered a hallmark of success businesses, the Nation’s number one choice to have an option to have a vol- in this Nation? job creator, will pay the price. If we do untary personal account, and I am only It is because ownership brings a sense not act, today’s average 30-year-old sorry that I do not personally qualify of fulfillment, a sense of identity and will see a 27 percent decrease in Social for that. accomplishment. Providing for and Security benefits by the time that she Mr. PRICE of Georgia. I thank my protecting your family under a roof retires. colleague from Virginia (Mrs. DRAKE). you call your own is part of the Amer- Can your children get by on almost a My goodness, she brought such clarity ican Dream because family is at the third less of what retirees are receiving to this issue in her explanation there, very heart of our culture. today? and I really appreciate that. I also have But buying a home requires an ini- Do they think it is fair to them to used the analogy of refinancing a tial, even painful, investment, down fund the retirement of today’s retirees home, a home mortgage to kind of payments, closing costs, loans, re- through their payroll taxes, only to be bring clarity and focus on what it is search, contracts signed, contracts left high and dry when their golden that we must do, we must do as a Na- lost, and even more. It requires sac- years approach because their leaders tion. And so I appreciate her bringing rifice to buy a home. But it is univer- did not act? that perspective to us. sally recognized as a wise, sound deci- Would they not prefer to build their I also just was struck as she was sion to make because of what it yields own nest egg and pay into a system talking. You know, the other side over time. that gives them real returns on the seems to think that if we do not do As a former Realtor, I know first- money for which they work so hard? anything, it costs nothing. Well, that hand the benefits and joy of home- And finally, for the very first time, could not be further from the truth. So ownership. And I know what it takes to there will be such a thing as a Social I really appreciate her participation, achieve it, because I have helped thou- Security trust fund. As of now, it does and I thank her ever so much. sands of people to do it. I am aware of not exist. It never did. Every cent that Mr. Speaker, I think what you have the cost of buying a home, but the is paid into Social Security goes seen this evening initially with the dis- long-run advantages of paying such a straight to Washington, and what is cussions of the gentleman from South high price at the beginning far out- not paid to the current retirees gets Carolina (Mr. WILSON) and the gen- weigh the disadvantages. spent by Washington. That is the end tleman from Texas (Mr. CONAWAY) and And, Mr. Speaker, not once in my en- of the story. the gentlewoman from Virginia (Mrs. tire real estate career, which spanned 2 Make no mistake. Today there is no DRAKE) on the issue of demographics decades, did I ever hear it advised that such thing as a Social Security trust and on the demand or the need for hon- the transition costs of homeownership fund. But now, for the first time ever, esty in this discussion and the concern outweigh the benefits of buying. And this Republican Congress wants to cre- and the clarity with which the gentle- that is how we should think of the ate one. We seek to implement a sav- woman from Virginia (Mrs. DRAKE) transition costs of protecting Social ings program that finally ties the taxes talked about these transition costs as Security, just as we do the down pay- paid by an individual to that individ- they are described, that they are bring- ment on a new home. While the down ual’s future benefits. ing about those principles that I talked payment may be high and more expen- For the first time, money that you about: that it is a promise; that it is sive than continuing to rent an apart- pay into Social Security will belong to important that we make certain that ment, the long-term pay-off of owning you and not to the politicians and bu- generations are treated fairly; that your own home is monumental. reaucrats in Washington. This is truly this ought not be partisan; that there Mr. Speaker, we can no longer afford an American program. It promises real is a nest egg there; and that it is your to rent the Social Security program returns on the money hard-working money. It is America’s money. It is not from future generations of workers Americans pay into the system; and it the government’s money. who will either lose massively in ben- says, the money you have paid is yours As I was, over the past couple of efit cuts or pay dearly through tax to keep and yours to spend on your months, looking into this issue regard- hikes if we do nothing. We must make family. ing Social Security, I always try to fig- the down payment now or face the con- For the first time, Americans will ure out where it all began, where is the sequences of our inaction. have some control over their own So- fundamental problem, but also what The Social Security trustees, as the cial Security. And if today’s workers are other folks saying on this. And I gentleman from Texas (Mr. CONAWAY) who choose to sign up for personal ac- came across some interesting quotes I has pointed out, estimated each year counts die prematurely, the money would like to share with you. The first

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1885 one, I think, gives a great perspective began looking at this issue that the old Security. Less than 2 percent. That is on the issue of Social Security. I am a system, the current system, is no not a nest egg. That is not secure. That child of the 60s; and so when I grew up, longer workable for our society and it is not enough to retire with security. President John F. Kennedy, I remem- is no longer secure. There was an article that came out ber clearly the manner in which he was The first is, as the gentleman from today that I think brings clarity to able to convey his passion to our Na- South Carolina (Mr. WILSON) men- that, and it is by Stuart Butler, who is tion and to focus our energy. And he tioned, is that our Nation has matured a renowned and noted economist, Vice recognized back in June 1961, regarding from the time that men were the ma- President for Domestic and Economic the issue of Social Security, he said, a jority of the workforce and the life ex- Policies at the Heritage Foundation. Nation’s strength lies in the well-being pectancy was about 60 years old. And let me just share with you a cou- of its people. And the Social Security Today, in the majority of households, ple of paragraphs from this article. It program, remember, this is 1961. The both men and women are working; and was entitled, ‘‘The Social Security Cri- Social Security program plays an im- our life expectancy is significantly sis Gets Personal.’’ portant part in providing for families, over 70 years of age. We are living In this article dated today, April 12, children, and older persons in time of longer and healthier lives, and that 2005, he stated that, ‘‘As the Social Se- stress. But it cannot remain static. It trend is only going to increase, and curity system itself has aged, payroll cannot remain static. Changes in our that is very good for all of us. But it is taxes have grown relentlessly and the population, in our working habits, and not good for our Social Security sys- return on those taxes has fallen dra- in our standard of living require con- tem. matically. When Social Security began stant revision. Constant revision. It We have seen this demographic be- the payroll tax was just 2 percent of in- cannot remain static. fore. This gets to the issue of the sec- come. Now it is 12.4 percent. Today, the Well, what has happened to our pro- ond thing that convinced me that we average male worker about to retire gram? It has remained static. There have got to modify and reform the sys- will typically get just 1.27 percent re- have been no fundamental changes to tem, and that is the issue of the work- turn on his lifetime of taxes, less than our situation as it relates to Social Se- ers. We are in a pay-as-you-go system, he would get from a savings account. curity. So I am fond of telling folks which means that today’s workers pay That is bad enough, but the younger that our current situation is a result of for today’s retirees. And when the sys- you are the worse it will get. A 25-year- demographics, the aging of our society, tem began in 1935 or 1937, there were 41 old worker can expect a return of but also to inertia. There is an inher- workers for every retiree. In 1950, there minus .647 percent.’’ He loses money. ent inertia in government at all levels were 16 workers paying in for every Here is the kicker right here. ‘‘Imag- to do nothing, that it is easier to ig- beneficiary, every retiree. Today, there ine what Congress would say if a pri- nore a problem than it is to fix a prob- are 3.3 workers for every beneficiary or vate company was taking in billions of lem. That is not only true at the city retiree; and in a very short period of dollars from millions of hard working council level, where it is easier to keep time there will be two workers for Americans and then giving them back the collection for garbage on the same every retiree. That is the system that less money in retirement.’’ Well, you days, even though it might work better cannot sustain itself. We are on an can imagine what Congress would say. to do it in a different manner. unsustainable course. So we have got more retirees, fewer But it certainly is true here in Wash- The third issue that led me to believe workers, and less money. All of these ington where we have big issues like and understand and appreciate that we facts, and facts are the same regardless Social Security. It is easier to do noth- have got to reform the system is what of whether you are a Republican or a ing. And that is why I am so proud I call the 2008 phenomenon. 2008, what Democrat, all of these facts do not again to serve with a President who happens in 2008? Well, this graph you paint a pretty picture. understands the importance of tackling may have seen. In the year 2008, these It is incumbent upon us here in Con- this issue head on. are the surpluses. This is the amount gress to put the security back in Social of money coming into the Social Secu- Security. There was a time when our 2145 b rity system. In 2008, the surpluses friends on the other side of the aisle When we think about Social Secu- peak, the surpluses peak and begin to agreed, and we did a little work and rity, remember the program that Presi- decrease. And at the same time the came up with some quotes from indi- dent Kennedy said cannot remain stat- baby boomers begin to retire. That viduals. These are actual quotes, ac- ic. I had my staff look up what kind of large group of individuals in our popu- tual statements from some very promi- things were going on 70 years ago when lation, me being one of them, in 2008 nent individuals on the other side of the program began. Social Security is they begin to retire. the aisle when they appreciated or they 70 years old, 70 years old. There has The baby boomers started in 1946. admitted that they have appreciated been a little tinkering but no funda- The average age of retirement is 62. that there was indeed a problem in So- mental changes, and the world has You take 1946, you add 62 to it, 2008 and cial Security. changed significantly. they begin to retire. 2008 is not a long This is a quote from President Clin- Seventy years ago we were in the way off. It is right around the corner. ton in February of 1997, 8 years ago, midst of the Great Depression. Seventy Finally, fourth, if you think about February of 1997. ‘‘For the long-term years ago FDR was our President. Babe the system that we have had in place health of our society, we must agree to Ruth hit his last three home runs in for Social Security, again it is a pay- a bipartisan process to preserve Social one game, setting the record at 714 ca- as-you-go system, so the current work- Security and reform Medicare for the reer home runs. Seventy years ago, ers pay for the current retirees. When long run so that these fundamental Elvis Presley was born. A 1935 sedan there were lots of workers, there was programs will be as strong for our chil- cost $495 brand spanking new, and a more money in the pool for retirees. dren as they are for our parents.’’ modern six-room house sold for $2,800. But what has happened? What has hap- Clearly identifying one of the prin- Seventy years ago, Parker Brothers re- pened when we get down to that area ciples I spoke about. leased the board game Monopoly, nylon where we have got 3.3 workers and then Here is a quote from President Clin- was discovered, and the construction of soon 2 workers for every retiree, the ton in February of 1998. ‘‘So that all of the Hoover Dam was completed. Sev- amount of money that is being re- these achievements, the economic enty years ago was a long time ago, turned is, frankly, an embarrassment. achievements, our increasing social co- and the world has changed, and our When the system started, people got herence and cohesion, our increasing population has changed. much more money than they put into efforts to reduce poverty among our I think it is clear that when Social the system. Now it takes years and youngest children, all of them, all of Security began it was a wonderful pro- years for individuals to get the amount them are threatened by the looming gram. It was first designed for a dif- of money back that they just put into fiscal crisis in Social Security.’’ ferent generation and for a different the system. In fact, most individuals Now there has been some discussion America. There are really at least four are getting less than 2 percent return about whether or not we have a crisis specific facts that convinced me when I on the money that they put into Social or a problem or it is a challenge. This

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1886 CONGRESSIONAL RECORD — HOUSE April 12, 2005 is 1998, 1998, President Clinton saying, Social Security statement, her Social you make each month into Social Se- ‘‘threatened by the looming fiscal cri- Security statement that each of us get curity will result in a nest egg for your sis in Social Security.’’ Clearly, Presi- each year, and I was reading through retirement that you own and that no dent Clinton understood the issue at the text of what everybody receives one can take away. That is my vision that time. from the Social Security administra- and that is my dream and I hope that Here is a quote from the late Senator tion about their Social Security. And you share that. Daniel Patrick Moynihan in March of it clearly says and I urge every Amer- b 2200 1998, talking about the issue of Social ican to read the fine print when this Security and investment, these per- comes to your home. It says from the In closing, Mr. Speaker, I urge my colleagues and I ask my colleagues to sonal retirement accounts, voluntary Social Security Administration, ‘‘Un- take the time now, take this time now personal retirement accounts. ‘‘Young less action is taken soon to strengthen and let us get to work. We all look for- people, especially, have lost faith.’’ He Social Security, in just 14 years we will ward to the discussion that is coming is talking about the Social Security begin paying more in benefits than we about on this issue, but I am hopeful system. ‘‘They wonder why they can- collect in taxes. Without changes, by that we will remember those prin- not take care of their own retirements 2042 the Social Security trust fund will ciples, that it is a promise and ought with stock and bond investments, rath- be exhausted. By then the number of not to be partisan and to keep in mind er than trusting a system that either is Americans 65 or older is expected to every single generation and be fair to headed for bankruptcy or will provide have doubled. There will not be enough paltry or negative returns on their con- them. Remember that nest egg that younger people working to pay all of must be maintained for security and tributions.’’ Another august individual the benefits owed to those who are re- from the other side of the aisle who that it is American’s money, it is not tiring.’’ the government’s money. If we do not certainly appreciated the problem. This is not an opinion by anybody on act now, that would be the height of ir- And then Senator HARRY REID. He is my side of the aisle or the other side of responsibility, as with saying that now the Minority Leader in the United the aisle. This is the Social Security there is no problem or that little needs States Senate. In February of 1999, he administration who is looking at the to be done. said, ‘‘Most of us have no problem with numbers, seeing what kind of revenue taking a small amount of the Social So I urge this House, I urge the Sen- is coming in and what is going to hap- ate and I urge the President to work Security proceeds and putting it into pen and warning each and every one of the private sector,’’ these voluntary together and I congratulate the Presi- us, further, that there will be enough dent for bringing this issue forward to personal retirement accounts that we money to pay only about 73 cents for have been talking about. find a responsible and a secure solu- each dollar of scheduled benefits. tion. They recognized the issue. If they So I had the plan from the other side recognized the issue in 1997 and 1998 of the aisle. This is their plan. If you f and 1999, what is the solution? What is wanted to put a face on it, if you want- HONORING THE LIFE OF FORMER the solution that they have put on the ed to draw it on a graph, that plan is CONGRESSMAN WILLIAM LEHMAN table? What are they offering to this this graph. What this says is that we go remarkable challenge that we have as a The SPEAKER pro tempore (Mr. along and go along and go along just as Nation? FORTENBERRY). Under the Speaker’s Well, a little earlier I talked about we are doing now until we get to that announced policy of January 4, 2005, the initial impressions that I have had date, 2041, when the bottom falls out of the gentleman from Florida (Mr. MEEK) in my freshman term here in Congress, the system and individuals are only is recognized for 60 minutes. and one of the things that may not sur- able to receive 73 or 74 percent, which Mr. MEEK of Florida. Mr. Speaker, I prise anyone is the remarkable level of is a 26 or 27 percent cut in benefits. would like to thank the Members of partisanship. Remember I talked about I promise you that that is not accept- the House and also the Democratic the need for this to be a nonpartisan able. It certainly is not acceptable to leader for allowing me to have this issue, but the incredible level of par- me. It is not acceptable to our side of time tonight. tisanship and nowhere is it more clear the aisle, and I do not believe it is ac- GENERAL LEAVE than on the issue of Social Security. ceptable to the American people. So it Mr. MEEK of Florida. Mr. Speaker, I The Social Security problem is clearly is a promise. This issue ought to be ask unanimous consent that all Mem- defined, and there is a clear recogni- nonpartisan. We ought to get together, bers may have 5 legislative days within tion by both Democrats and Repub- and I urge my colleagues to do so. which to revise and extend their re- licans as demonstrated here that we There needs to be generational fairness marks on the life of Congressman Bill need to fix the system. Yet where is so that younger individuals have faith Lehman, the subject of my Special the plan from the other side of the that some of the money certainly that Order this evening. aisle? What is the plan that they have they have put into the system will be The SPEAKER pro tempore. Is there on the table? able to grow and be able to provide for objection to the request of the gen- Well, we searched and we searched their nest egg. tleman from Florida? and we searched and we searched. And Finally, it is your money. It is Amer- There was no objection. this is the plan that we have come up icans’ money. It is not the govern- Mr. MEEK of Florida. Mr. Speaker, a with. This is the plan that the other ment’s money. It is your money. These few weeks ago, a great man who served side of the aisle in this incredibly im- ought to be our principles, and we in this House for 20 years went on to portant issue, in an issue that will im- should focus on the facts, study the glory. On March 16, 2005, former U.S. pact every single American, this is the issue and alternatives that are avail- Congressman Bill Lehman passed away plan that they have on the table. able to us, vigorously debate, both peacefully in the presence of his family Just say no. Just criticize. It is poli- sides of the aisle vigorously debate and and a few close friends in Miami, Flor- tics as usual. It does such a huge dis- then act. It is imperative that we move ida. He was ninety-one years old, and service to us as a Nation and to every forward with this because, as we have for 20 of those years he served in this one of their citizens. So we should act heard, every year we delay costs this great institution, the U.S. House of now. There is no doubt about it. We Nation, costs the American public, Representatives. should act now. costs you $600 billion. We are here this evening to pay trib- The Social Security trustees, the Social Security is a system that has ute to Congressman Bill Lehman who Comptroller General of the United worked for decades and for generations, served with great dignity and integ- States, Chairman of the Federal Re- but the current system is outdated and rity, who the Miami Herald described serve Board all agree that the sooner does not meet the needs of the Amer- as a ‘‘legendary figure in south Florida we address the problem, the smaller ican people. It is not secure. politics considered a visionary on ra- and less abrupt the changes will be for We have a wonderful opportunity cial issues and public transit.’’ individuals and their families. right now. Right now, imagine the Only three people have ever served in One of the individuals who works in peace of mind that you would have the 17th Congressional District of Flor- my office just this past week got her knowing that the contributions that ida, former Congressman Bill Lehman,

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1887 former Congresswoman Carrie Meek often quote Shakespeare and other Bill Lehman only tried to use the and myself, Mr. Speaker. For this rea- English writers in his talks. power of government to help people son, it is a great honor for me to honor His foray into education led him into who had no other recourse and often no him today. an interest in school politics. He ran hope. Just a few examples, Mr. Speak- By any measure, Mr. Lehman was an for the school board and won, the first er: In 1991, Lehman engineered the re- extraordinary man. He was a successful of an unbroken string of electoral vic- lease of a 16-year-old girl who was ar- businessman who went back to college, tories at all levels of government. rested and imprisoned by the repressive got his teaching degree and taught in Later, he would become the school government of Argentina at the time. the Miami Dade County schools. He board chairman, just as the Federal Lehman’s personal diplomacy, along also was a school board member and a courts ordered busing to end racial seg- with a promise to the Argentine gov- chairman of the school board, and he regation in the Miami Dade County ernment that he would not publicize led his school system through a very schools. the case in a way that would embarrass difficult time, the end of segregation in Mr. Lehman described attending the regime, led to her release which she schools. meetings of parents so angry that he is grateful for today and attended his Congressman Lehman was a Member had to have police guards escort him in funeral. of Congress universally known for fair- and out, but his personal courage and When a constituent who was a single ness, kindness and compassion. He had his uncanny skill at easing tensions woman wanted to adopt a foreign-born strong relationships on both sides of helped him win the day and the schools baby but found that the Federal Gov- the aisle and guided national transpor- were integrated. ernment prohibited her from doing so, tation policy through the 1980’s. In 1972, the rapid growth in south Mr. Lehman introduced legislation to Congressman Lehman started out as Florida led to a new congressional dis- change it. The legislation became law, a used car dealer in Miami, and his trict which was Congressional District and now such adoptions are common. nickname was ‘‘Alabama Bill’’ because 17. Mr. Lehman ran for it. Seven Demo- On a visit to a Federal agency in 1986, Congressman Lehman was born in crats ran for that seat, and nobody ever Mr. Lehman was told about two em- Selma, Alabama, and I think that it gave Mr. Lehman much of a chance be- ployees, a husband and a wife, who was very appropriate at that time for cause he insisted on supporting busing both worked in the same agency. The him to be in leadership, but he was a to end racial discrimination in schools. wife had inoperable cancer and a few special kind of businessman even then. But he came in a surprising second in months to live. They had young chil- He developed a reputation as a used car that election against a well-known dren, and she had only a couple of dealer that you could trust, and that is front runner and came in a surprising months to live. They had used all of something that is very uncommon first in the run-off election that fol- their sick and vacation time on the treatments and care. Their fellow em- these days, Mr. Speaker. lowed. My constituents still tell stories Bill Lehman started out as a member ployees wanted to donate their unused about ‘‘Alabama Bill.’’ One person said of the House Education and Labor time to the couple but found that the that he bought a car from Mr. Lehman Committee, but his work in Congress is Federal law prohibited that from hap- but the battery died a few days later most closely associated with his serv- pening. Mr. Lehman introduced legisla- tion to make it legal and started what after he drove it home, and for Mr. ice on the House Appropriations Com- is known as leave sharing, which is Lehman, the solution was very easy, mittee, his chairmanship of the Trans- portation Appropriations Sub- today an established Federal policy. give him a new battery, something When he learned in 1987 that the committee and his membership on the very common. Communist government in East Ger- Another person told the story of how Foreign Operations Appropriations many would not allow Jews in East she wanted to go to the prom with her Subcommittee. Berlin to have a permanent rabbi, Mr. boyfriend, but because they did not As a member of the Foreign Oper- Lehman made contacts with the U.S. ations Appropriations Committee, Mr. have a car, Mr. Lehman thought that it ambassador to East Germany and the Lehman used his position to help im- was fit for him to lend them a car for East German government and won ap- prove the lives and relieve human suf- the evening. This was a very common proval for the first resident rabbi since man, but a man who walked softly and fering throughout the world. World War II. was a giant in this Nation. An example is his work in 1980, when Congressman Lehman learned Mr. Lehman’s customers were loyal the flood of hundreds of thousands of through hearings about ‘‘golden Hour’’ and he never forgot them. Once at a Cuban refugees, known as the Mariel for accident victims. If an injured per- town hall meeting as a Congressman, a Boat Lift threatened to overwhelm all son gets proper care within an hour of constituent showed up and said that he of south Florida. Financially, Mr. Leh- an accident, he has a much better bought a car from Mr. Lehman 35 years man managed to get $100 million in chance of living or of recovery. That is ago. He asked Mr. Lehman, ‘‘Do you re- Cuban refugee resettlement aid in- called trauma care. Mr. Lehman was member me?’’ Silence fell over the cluded in a foreign aid bill, only to see one of the major champions here in crowd as the two men looked at each it later stripped from the legislation. this institution for that and could be other, and Mr. Lehman said, ‘‘Your Mr. Lehman did not give up then. He given credit for trauma care through- name is Willie,’’ and the man said, tried for the refugee money again and out the Nation and definitely in south ‘‘No, that was my brother.’’ Mr. Leh- again until finally it got included in Florida. man remembered them both, and he another bill. He enlisted the help of then-Trans- had a great memory and that is some- Today, a whole generation of Cuban portation Secretary Elizabeth Dole, thing we do not see common in public Americans who came to seek freedom now Senator DOLE, and pushed through service. in this country owe Bill Lehman for the establishment of the Miami Dade Mr. Lehman had a restless mind and looking out for their needs when they trauma center, which is known as the could not be confined to business. His first arrived in this country. Ryder Center that is working today. IQ was high enough to qualify him for In 1988, Mr. Lehman used his congres- The Bill Lehman Trauma Research membership in Mensa, a society formed sional contacts to work with the Cas- Center in Miami is a testimonial to his in 1946 to promote intelligent exchange tro regime in Cuba to obtain the re- work. between very bright people. Mr. Leh- lease of three Cuban political prisoners These are just a few stories of the man said later that he went to a few who had spent more than 20 years in kind of man that Bill Lehman was and meetings of Mensa but soon stopped be- jail for opposing the Cuban govern- how he tried to use the power of gov- cause he found the people there very ment. Lehman bargained behind the ernment not for personal or political boring. scenes through informal diplomatic advantage but to help the lives of oth- So, after he got his business started, back channels. He eventually traveled ers. Perhaps one of the reasons Con- he went back to college and earned his to Cuba and met secretly with Castro gressman Lehman was so effective is teaching certificate and became an himself to win their freedom. It was a that he knew what others were going English literature teacher in the victory that only a person like Bill through through his own tragedy and Miami Dade public schools. He would Lehman could achieve. trials in his own life.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1888 CONGRESSIONAL RECORD — HOUSE April 12, 2005 His beloved daughter Kathy died of a sidered a visionary on racial issues and pub- play a conciliatory and constructive role in brain tumor. He was diagnosed with lic transit, died Wednesday at Mount Sinai some of Florida’s toughest times,’’ said cancer and underwent surgery and re- Medical Center in Miami Beach. former U.S. Sen. Bob Graham. He was 91. He died of heart failure, his fam- In the years when the Democrats held sway habilitation therapy. Because of the ily said. in Congress, he rose to a position of great in- surgery that cut some of the nerves A used-car salesman, teacher, school board fluence, a member of the so-called ‘‘college that can allow him to speak, he had to chairman and powerful congressman who ex- of cardinals’’ in the House. With an take speech lessons to learn how to ercised broad authority over transportation unpolished speaking style and quiet talk again. He used to joke he was the spending in the United States, Lehman was strength, he controlled billions of dollars for only politician that could only talk out remembered by friends and former staffers as transportation as chairman for 10 years of of one side of his mouth. a compassionate soul and a progressive voice the House Appropriations Committee’s sub- He also suffered a stroke that effec- who helped shape South Florida. committee overseeing highways, seaports He was an Alabama-born Jew who opened a tively ended his active lifestyle, which and mass-transit systems. business in a black neighborhood in Miami MILLIONS FOR TRANSIT included tennis and various other ac- and once traveled to Cuba to rescue political tivities that he maintained well into He brought a significant portion of that prisoners. Known at home as the father of money home to South Florida, with some his seventies. the Metrorail and Metromover systems, he $800 million going to the construction of the Yet through it all, he was an example was part of a renowned generation of Demo- Metrorail transit system. Millions secured of grace, endurance and perseverance. cratic politicians, including U.S. Reps. Dante by Lehman also went to build bridges and His mind remained as sharp and as Fascell and Claude Pepper, who delivered un- improve the region’s seaports and airports. quick as ever, and he always had a common clout to Florida. ‘‘Anyone who rides a bus or takes a train sense of humor. ‘‘A person like this can only come along in in this area, they owe it to Mr. Lehman,’’ The many lives that Congressman a community once in a century, twice in a Carrie Meek said. ‘‘That’s the way poor peo- century if you’re lucky,’’ said John Schelble, ple get around and he chose to make that his Lehman touched, he touched deeply. once Lehman’s press spokesman and now Our hearts go out to his wife of 66 priority.’’ chief of staff to Miami Democratic U.S. Rep. Other favorite causes included support for years, Joan Lehman; his sons, Bill Leh- Kendrick Meek. ‘‘He was truly colorblind.’’ Israel and the resettlement of Soviet Jews. man, Junior, and Tom; and their fami- At the news of his passing, condolences Sergio Bendixen, a Miami-based pollster lies and grandchildren and his grand- poured forth, from Miami to Washington. who worked in Lehman’s Washington office children. A REAL ‘FOLK HERO’ as press secretary and executive assistant Mr. Speaker, I just would like to say Former U.S. Rep. Carrie Meek called him a from 1979 to 1982, said the congressman that Congressman Lehman, they only ‘‘real humanitarian and folk hero’’ in Mi- didn’t need the trappings of success to boost walk this way once or twice in our life- ami’s poor communities. She recalled his car his ego. time, someone that was willing to lead dealership, set in the heart of black Miami, SMALL OFFICE at the appropriate time in the history and his fight as a school board member in ‘‘He chose the smallest office—a cubby- of this country and definitely within support of mandatory busing to integrate hole, really,’’ Bendixen recalled. ‘‘He was a schools. congressman. He knew he was powerful. He the 17th District of Florida. ‘‘He felt very strongly about the people in didn’t need all the plaques on the wall and b 2215 the black community, and that wasn’t just the symbols that seemed to make other pious platitudes. He showed it in all the members of Congress happy. He was secure.’’ Mr. Speaker, the entire Florida dele- things he did. He showed it when he built his Lehman was an unabashed liberal who gation sends their heartfelt thoughts dealership. He showed it when he was on the voted against a constitutional amendment not only to the family but also to his school board,’’ she said. banning flag-burning, against military aid to friends who had a great appreciation Mike Abrams, lobbyist and former state the rebels fighting to topple Nicaragua’s for his existence. We are forever grate- representative who had known Lehman since leftist Sandinista government and against ful as a humble country of having his the 1970s, said the former congressman was sending troops to the Persian Gulf during family share his life with us. guided by an unshakable sense of right and the first Gulf War. I personally feel the key to public wrong. PRISONER RELEASE ‘‘He was the most moral man I ever knew service is helping those who cannot But he won respect among conservative in politics—and I’ve known a lot of men in Cuban exiles in 1988 when he went to Cuba help themselves, and Mr. Lehman was politics. He was clearly guided by his per- an example of that. and negotiated the release of three political sonal principles,’’ Abrams said. ‘‘But that prisoners. Mr. Speaker, there are many Mem- didn’t mean he didn’t know how to use his It wasn’t his first effort for victims of po- bers of the Florida delegation and knuckles in the process. If he didn’t think litical repression: In 1981, he won release of a Members of this Congress that will be you had character, forget it. He was a char- political prisoner in Argentina, and in 1984, adding their comments and memories. acter man all the way.’’ he smuggled a synthetic heart valve to a Finally, I want to end this Special Lehman’s ability to reach people wasn’t young patient in a hospital in the Soviet Order with this quote from a book of ruled by politics. U.S. Reps. Clay Shaw and Union. He was also a strong advocate for Ileana Ros-Lehtinen, both Republicans, Haitian refugees. poetry that Congressman Lehman counted Lehman as a friend. wrote in his spare time. He was a well- ‘‘I’m a congressman,’’ he told an aide in- ‘‘He was a Democrat through and through, quiring about the danger of venturing into read, well-written man. This book of and I’m a Republican, but that never inter- the Soviet Union. ‘‘If they catch me, what poetry was called ‘‘Hear Today,’’ and fered with our friendship,’’ Shaw said. are they going to do?’’ Ros-Lehtinen characterized him as ‘‘a gen- the poem is called ‘‘Recognition.’’ DOWN-TO-EARTH tleman to his last breath.’’ ‘‘We all have our problems, Lehman was born Oct. 5, 1913, in Selma, Despite his power, Lehman retained his But my acquiring wealth Ala., the son of candy factory owners. He down-to-earth sensibilities. He was a break- Was not the cure. graduated from the University of Alabama, fast regular for years at Jimmy’s restaurant Though I knew, sure as hell, and married the former Joan Feibelman in on Northeast 125th Street in North Miami. I didn’t want to be poor. 1939. They became the parents of three chil- His two sons remembered him Wednesday Recognition was the thing dren—two sons and a daughter, Kathryn, as someone who never raised his voice but I knew I needed, who died of a brain tumor in 1979. She had taught them the value of working for others. ‘‘He’d get involved in things and he And before it’s all over, been a high school English teacher like her wouldn’t skim the surface—he’d get down to I may have succeeded.’’ father. the very bottom,’’ said Bill Lehman Jr. Mr. Speaker, I speak for my col- ‘ALABAMA BILL’ leagues in the House of Representa- ‘‘He just took great pleasure in being a He spent 30 years as a used car dealer, call- friend to anyone.’’ tives and for the people of South Flor- ing himself ‘‘Alabama Bill’’ in advertise- Their father always listened to his internal ida and around the world whose lives ments, before he got into politics. Lehman compass, financing cars for black customers were touched in recognizing Congress- was elected to the Dade County School in the ’40s and ’50s, when few other white car man Lehman this evening. Board in 1966 and became chairman in 1971. dealers would, they said. Mr. Speaker, I submit the following His first election to Congress to represent a ‘‘He would look at a man’s arms and if articles for the RECORD at this time: Northeast Dade district came in 1972. they had salt on them, from sweating, he The Biscayne Park Democrat was known would know that was a working man,’’ said [From the Miami Herald, Mar. 17, 2005] for his low-key manner, for the Southern Thomas Lehman. ‘‘That was his credit WILLIAM LEHMAN, 1913–2005 drawl he never lost—and for his political check.’’ (By Amy Driscoll) power. Surgery for jaw cancer in 1983 left Leh- Former U.S. Rep. William Lehman, a leg- ‘‘The fact that he was so demonstrably man’s speech slurred. But he stayed in Con- endary figure of South Florida politics con- Southern probably gave him an ability to gress for another decade, until his surprise

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1889 decision in 1992 not to seek reelection when 1981: Negotiated the release of a political ‘‘He didn’t just make government work, he his influence was at its height. prisoner in Argentina. brought people together,’’ said U.S. Rep. Friends say that even as he struggled with 1984: Smuggled into the Soviet Union a Kendrick Meek, the Miami Democrat who his speech and other health problems, Leh- life-saving heart valve for a teenager. occupies Rep. Lehman’s seat. man maintained a sense of humor. 1986: Despite opposition of the Department ‘‘Mr. Lehman clearly left his mark on the ‘‘I’m the only politician who can only of Transportation, won full funding for two South Florida community,’’ said Mayor Car- speak out of one side of his mouth,’’ he once extensions to the downtown Miami los Alvarez of Miami-Dade. ‘‘His pioneering joked, referring to treatment that left part Metromover system. works will be a fixture in Miami-Dade Coun- of his mouth paralyzed. 1987: Thanks to Lehman’s work, a rabbi ty for many years to come. My thoughts and But Lehman said he made up his mind to was able to celebrate Passover in what was prayers are with his family during this dif- retire in 1992 for health reasons: He said he then communist East Germany. ficult time.’’ had ‘‘a sudden realization’’ that a 1991 stroke 1988: Flew to Cuba and picked up three Rep. Lehman’s liberal voting record in- had made him a less effective legislator. Cuban political prisoners whose freedom he cluded opposing a constitutional amendment END OF ERA had secured from Fidel Castro. banning flag-burning, voting against mili- His passing marks the end of a political 1992: Retired from Congress. tary aid to Nicaragua’s contra rebels, and era, said lobbyist Ron Book. voting against sending troops to the Persian [From the Sun Sentinel, Mar. 17, 2005] ‘‘They don’t make ’em like that anymore— Gulf in the first Iraq war. He went to Cuba in him, Claude Pepper and Dante Fascell— WILLIAM LEHMAN, DEAD AT 91, LEAVES 1988 to negotiate the release of three polit- they’re all gone now.’’ LEGACY IN S. FLORIDA ical prisoners and was an advocate for Hai- Lehman is survived by his wife of 66 years, (By Buddy Nevins) tian refugees. Joan; sons Bill Jr. and Thomas, and six South Floridians can see former U.S. Rep. Born on Oct. 5, 1913 in Selma, Ala., Rep. grandchildren. William Lehman’s legacy through their car Lehman’s roots were far from the underprivi- The funeral will be at Temple Israel at 1 windshields or out the windows of their leged he would champion in Congress. p.m. Sunday. In lieu of flowers, the family trains: Tri-Rail, Metrorail, the downtown His father was a wealthy candy manufac- requests donations to the William Lehman Miami Metromover, Interstate 595 and I–95 turer. His mother was a housewife and the Injury Research Center, University of Miami and dozens of other bridges and roads. young Bill Lehman would ride in the fam- Miller School of Medicine, P.O. Box 016960 Rep. Lehman, once one of the most power- ily’s chauffeur-driven Cadillac, family mem- (D–55), Miami, FL 33101. ful congressmen to hold a firm grip on the bers said Wednesday. nation’s transportation spending, died Rep. Lehman’s liberal philosophy sprang A MAN OF THE PEOPLE Wednesday at Mount Sinai Medical Center in from the realization early in life that his It is customary to bestow praise on the Miami Beach. He was 91. small Southern town was filled with the less newly departed, some of it well deserved, but Although the hospital did not announce fortunate who could make it in life only with in the case of former U.S. Rep. Bill Lehman the cause of death, Rep. Lehman had suffered the help of the government, said Tom Leh- there is no need to depart from the from a number of illnesses including cancer man, his son and a Miami-Dade lawyer. unembellished truth. He was a man of the and a disabling stroke in his senior years, ac- ‘‘He saw that, especially during the De- people, and he had a gift for politics. To cording to his family. pression, all that the federal government those who knew him well and, indeed, to During his 20 years representing north and could do,’’ Tom Lehman said. ‘‘He was a big anyone who encountered him even briefly, central Miami-Dade County, Rep. Lehman’s believer in the role of government in peoples’ Mr. Lehman’s humanity and decency radi- passion was moving people, whether he was lives.’’ Moving to Miami in the 1930s, Rep. Leh- ated like sunshine. selling them cars from one of his auto deal- This wonderful man who did so much for erships, or building them a modern road and man sold used cars, billing himself as ‘‘Ala- the people of South Florida died Wednesday transit system. bama Bill’’ He developed the unusual reputa- at Mount Sinai Medical Center in Miami Rep. Lehman was the last living member of tion for a car dealer as a gentleman who re- Beach. He was 91. the trio of liberal Democrats who wielded spected his customers and he carried that Mr. Lehman will be remembered for the enormous clout in Washington and brought into politics. ‘‘He was admired, respected and loved, and power he wielded as a congressman. He was attention and billions of dollars in federal you can’t say that about a lot of members of chairman of the House Appropriations sub- aid to South Florida. In the 1970s and 1980s Congress,’’ said U.S. Rep. Ileana Ros- committee that oversaw spending for mass- Rep. Lehman, along with U.S. Reps. Dante Lehtinen, R–Miami. transit, highways and seaports. He developed Fascell and Claude Pepper of Miami, made Bill Lehman Jr. recalled that his father an expertise on transportation issues that the Florida delegation one of the most influ- never lost the common touch. few could rival, and he used his legislative ential in the House. ‘‘He was as comfortable talking to Ted ‘‘Public transit was always important to clout to bring transportation dollars to the Kennedy as he was talking to a car porter at Bill Lehman, as he knew it was a lifeline to state, especially to South Florida. the dealership.’’ Mr. Lehman often used his power to help employment, grocery shopping, doctor visits After a stint as a public school teacher, ordinary people. He negotiated the release of and other necessary services for poor and Rep. Lehman entered politics in 1966, win- a political prisoner in Argentina in 1981 and working-class citizens,’’ said U.S. Rep. Alcee ning a seat on the Dade County School did the same thing for three political refu- Hastings, D-Miramar. ‘‘Bill Lehman was Board. Six years later he went to Congress. gees in Cuba in 1988. And once, he brazenly known as an ‘unbending liberal.’ This is one Rep. Lehman left Washington in 1992 after smuggled a synthetic heart valve to a pa- of many characteristics that endeared him suffering a stroke, but also as he faced the tient in the Soviet Union. to me.’’ possibility of being thrown into the same For all his political achievements—and As Florida Speaker of the House in the late congressional district as Fascell when they were legendary—Mr. Lehman will be re- 1980s, Tom Gustafson worked with the con- boundaries were redrawn. membered best for his genuine warmth and gressman to kick-start I–595 and the Tri-Rail Services for Rep. Lehman are at 1 p.m. generous spirit. Born in Selma, Ala., Mr. transit system, which carries passengers Sunday at Temple Israel of Greater Miami. Lehman embraced liberal values. He voted from Miami to West Palm Beach. He is survived by Joan, his wife of 66 years, ‘‘He was the go-to guy for any money for against a proposed constitutional amend- two sons and six grandchildren. ment to ban flag-burning; he opposed sending transportation. If you needed federal money, military aid to the contras in Nicaragua; and you went to Bill Lehman,’’ Gustafson re- [From the Washington Post, Mar. 17, 2005] he did not favor sending troops to the Per- called. WILLIAM LEHMAN, FLA. CONGRESSMAN AND sian Gulf in the first Gulf War. From his perch as chairman of the sub- Mr. Lehman used his power to build com- committee on transportation appropriations, CAR DEALER, 91 munity and promote fellowship. Our commu- Rep. Lehman threw money at South Florida (By Adam Bernstein) nity is richer for having had him among us. projects. William Lehman, 91, a used-car dealer who ‘‘I–595 was Bill Lehman. The Clay Shaw later served 20 years in the U.S. House of A LIFETIME OF SERVICE Bridge [on the 17th Street Causeway in Fort Representatives and became a force on trans- Highlights of William Lehman’s life in pol- Lauderdale] was Bill Lehman. Tri-Rail was portation legislation, died March 16 at a hos- itics: Bill Lehman. This is a guy who has more pital in Miami Beach. His heart was weak- 1966: Elected to the Dade County School monuments to him than anyone I know,’’ ened from a recent bout with pneumonia. Board, where he helped desegregate public said U.S. Rep. Clay Shaw, R–Fort Lauder- Mr. Lehman, known as ‘‘Alabama Bill’’ schools in the late 1960s and early ’70s. dale. when he was in business, owed his nickname 1971: Elected chairman of the School Some of the facilities in Miami-Dade to his birthplace. But he spent most of his Board. named for Rep. Lehman illustrate the car-sales career in Miami, a district he 1972: Elected to the U.S. House of Rep- breadth of his impact: an elementary school, served as a Democrat in the House from 1973 resentatives, where he later became chair- a causeway, a transit maintenance building, to 1993. man of the transportation subcommittee of a research center at the Ryder Trauma Cen- He was a member of the Appropriations the House Appropriations Committee. ter at Jackson Memorial Hospital. Committee and chaired its transportation 1980s: Won about $800 million for construc- As news of his death reached the commu- subcommittee, which controlled billions of tion of the Metrorail system. nity, tributes poured in. dollars in federal projects.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1890 CONGRESSIONAL RECORD — HOUSE April 12, 2005 Soft-spoken and adroit, as a politician he Persian Gulf. He also fought to aid victims of tation Subcommittee of the House Appropria- was not at all the caricature of the flamboy- political repression in areas such as Cuba, tions Committee. Many of the transportation ant, hard-sell salesman. Long gone were the Argentina and the Soviet Union. facilities in South Florida are a direct result of days when he appeared in advertisements sit- Lehman remained in Congress for a decade ting on cotton bales and ‘‘making deals as following a jaw cancer surgery that left his his tireless efforts as Subcommittee Chairman. solid as a bale of Alabama cotton.’’ speech slurred in 1983. Eight years later, the Bill will be missed by so many, but has left He was much more subtle in the House. As Florida Democrat suffered a stroke, and in an extraordinary legacy. His family will remain a member of the so-called ‘‘college of car- 1992 he announced his decision to retire, cit- in our thoughts and prayers. dinals,’’ so named for their seniority, he ing health reasons. Mr. TOWNS. Mr. Speaker, I rise to pay trib- worked quietly to pass bills with the least Lehman, the son of candy factory owners, ute to our former colleague, the late William resistance. was born Oct. 5, 1913, in Selma, Ala. He re- ‘‘Bill’’ Lehman, who recently passed away in His attentiveness to his constituents, in ceived his bachelor’s from the University of the form of authorizing public works Alabama in 1934. Three years later, he mar- his home state of Florida. projects for South Florida, occasionally ried Joan Feibelman. The couple had three Bill represented the 17th Congressional Dis- caused turf disputes with the House Public children—a daughter, who died of a brain trict of Florida from 1973 to 1992. While he Works Committee. When the committee’s tumor 1979, and two sons. was a great advocate for transportation, for- then-chairman, Rep. James J. Howard (D– Before entering the political arena, Leh- eign affairs issues, and racial equality in edu- N.J.), called ‘‘egregious’’ Mr. Lehman’s ef- man sold used cars for 30 years, referring to cation, he has received very little or no rec- forts to approve a large mass-transit funding himself as ‘‘Alabama Bill’’ in his advertise- ognition for his work on behalf of Haitian refu- bill, the Floridian backed down. ments. He also spent time as a teacher and That is to say, he found another way to get school board chairman prior to his election gees. In 1979, Haitian refugees faced signifi- his projects approved—through an omnibus to Congress. cant due process violations by the Federal spending package. Lehman never allowed his Congressional government. At the time, he represented al- William Marx Lehman was born Oct. 5, duties to cause him to lose touch with his most all of the fledgling Haitian community in 1913, in Selma, Ala., where his father owned Florida district. He regularly ate breakfast South Florida. Bill felt very strongly that he the American Candy Co. A 1934 graduate of at a restaurant in North Miami, and he re- could not successfully oppose the onerous the University of Alabama, he focused on sided in Biscayne Park, Fla., through his civil rights violations faced by Haitians, be- business at his father’s behest. final days. Early in his career, he worked for CIT Although Rep. Kendrick Meek (D-Fla.) cause of their national origin, without addi- Corp., an industrial finance company, in New came to Congress 10 years after Lehman had tional political support. It was at his urging that York. He went to Miami on a job to finance retired, Meek said he was ‘‘struck’’ by the the Congressional Black Caucus formed the auto dealerships and soon decided he would friends Lehman had made on both sides of CBC Task Force on Haitian refugees. The take some family money to finance a car- the aisle. Task Force eventually succeeded, accom- sales venture himself. ‘‘Only three people have ever represented panied by various legal victories, in estab- Florida’s 17th District in Congress: Bill Leh- During World War II, he learned airplane lishing an immigration designation, ‘‘Cuban- mechanics and went to Brazil to help train man in the 80’s; Carrie Meek in the 90’s and others aiding the Allied effort. now me,’’ Meek said in a statement. ‘‘I will Haitian entrant status’’, that permitted Haitians Mr. Lehman was a member of Mensa Inter- always cherish the photo of the three of us seeking political asylum to remain in the coun- national. For years, he wanted to teach together, because Bill Lehman was my Con- try while they pursued their asylum claims. English. After studying at Oxford University gressman when I was just a teenager and it Without his personal intervention and com- in the early 1960s, he became a high school is such a privilege to continue his service mitment on their behalf, the Haitian community English teacher in Miami. here.’’ in South Florida may have never received He also won election to the Dade County School Board and became its chairman. He [From The Hill, Mar. 17, 2005] some form of equitable treatment under our immigration laws. With his passing, our col- ran for the U.S. House when a new district FORMER REP. LEHMAN DIES was created. (By Mark H. Rodeffer) league, Bill Lehman’s contributions to im- In Congress, he championed public trans- proved immigration laws in this country should Former Rep. Bill Lehman (D-Fla.) died portation, especially light-rail systems in yesterday morning at a Miami Beach hos- not be forgotten. I am proud to have served his district. He also helped shepherd legisla- pital. He was 91. with him during his last 10 years in Congress. tion to allow federal workers to donate their Lehman, who chaired the Appropriations Mr. STARK. Mr. Speaker, I rise to remem- paid leave time to co-workers. Transportation Subcommittee until he re- He made several publicized mercy trips. ber and honor my friend and distinguished In 1984, he flew to Moscow and smuggled an tired from Congress in 1992, was known for former colleague Bill Lehman. artificial heart valve to an ailing young running the subcommittee by consensus and Bill Lehman represented South Florida in woman who was related to one of his con- for a willingness to earmark money for dis- the House of Representatives for twenty years stituents. trict projects. Before his 1972 election to Congress, Leh- beginning in 1972. Bill and I came to Con- Describing his part with cloak-and-dagger gress together that year. It is with sadness mystique, he told Roll Call that he sneaked man was a used-car salesman for 30 years. the device past customs and immigration au- ‘‘Even though I came to Congress 10 years that I stand to pay tribute to him today as one thorities. after Representative Lehman left it, I was of the last remaining members of the class of He then went to a pay phone as arranged, struck by how many good friends he made, in ’72. where a voice told him to be at a certain ad- both the House and the Senate and among Though Bill left Congress in 1993, he and I dress and to watch for ‘‘a woman in red both Democrats and Republicans,’’ said Rep. kept in touch. It was less than a month ago standing next to a short man.’’ The woman Kendrick Meek (D-Fla.), who today holds the seat Lehman held. ‘‘He didn’t just make gov- when we last corresponded. He noted my eventually got her heart valve. name in an article in the Miami Herald and In 1988, he traveled to Cuba and success- ernment work; he brought people together.’’ fully appealed to Fidel Castro to release Carrie Meek (D) was elected in 1992 to Leh- wrote to encourage me to keep up the fight. three longtime political prisoners. man’s north Miami district. She served until I’m going to miss those notes and his many Mr. Lehman had a massive stroke in 1991 2002, when she was succeeded by her son, years of friendship. that hastened his retirement. Kendrick. Bill was unique. He was special among A daughter, Kathryn Weiner, died in 1979. ‘‘I will always cherish the photo of the those who’ve served in this institution. He was three of us together because Bill Lehman Survivors include his wife of 66 years, Joan an individual of great principle and compas- Feibelman Lehman of Miami; two sons, Bill was my congressman when I was just a teen- Lehman Jr. and Thomas Lehman, both of ager, and it is such a privilege to continue sion beloved by the community he rep- Miami; six grandchildren; and two great- his service here,’’ Kendrick Meek said. resented. As his hometown paper the Miami grandsons. Mr. SHAW. Mr. Speaker, my wife, Emilie, Herald eulogized him, Bill Lehman was a ‘‘leg- and I are deeply saddened to learn of the endary figure of South Florida politics consid- [From Roll Call, Mar. 17, 2005] passing of Congressman Bill Lehman. I will al- ered a visionary on racial issues and public EX-FLORIDA REP. BILL LEHMAN PASSES AWAY ways remember his good sense of humor, his transit.’’ (By Jennifer Lash) leadership and his unrivaled sense of duty. He Bill Lehman was legendary in this House Former Rep. Bill Lehman (D-Fla.), consid- had a reputation of having the courage and where he served ten years as Chairman of the ered a strong advocate on both race and conviction to do what was right for his con- powerful Appropriations Subcommittee on transportation issues, died Wednesday at stituents, and his country. Transportation. He was a tireless advocate of Mount Sinai Medical Center in Miami. He Bill was a good friend, and was a political progressive causes at home and abroad, was 91. Throughout his tenure in Congress, which mentor when I first came to Washington. He known for taking principled stands on inter- began in 1972, Lehman voted against such led a remarkable life; from his service to his national and constitutional issues. issues as a constitutional amendment ban- community to his strong leadership in Con- Bill Lehman had another distinction, too. ning flag burning and sending troops to the gress. Bill was the Chairman of the Transpor- He’s the only politician I ever met that, when

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1891 compared to a used car salesman, he was Mr. BOUSTANY, for 5 minutes, April 1463. A letter from the General Counsel/ proud to be a used car salesman. 13. FEMA, Department of Homeland Security, Born in Selma, Alabama in 1913, he took transmitting the Department’s final rule — f Suspension of Community Eligibility [Dock- the moniker ‘‘Alabama Bill’’ when he moved to ADJOURNMENT et No. FEMA-7861] received February 28, 2005, South Florida and opened a used auto dealer- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ship in Miami in 1936. Playing country music Mr. MEEK of Florida. Mr. Speaker, I mittee on Financial Services. in his advertising, ‘‘Alabama Bill’’ earned a move that the House do now adjourn. 1464. A letter from the General Counsel/ modest reputation as a country western sing- The motion was agreed to; accord- FEMA, Department of Homeland Security, er. That original business has grown into one ingly (at 10 o’clock and 18 minutes transmitting the Department’s final rule — p.m.), the House adjourned until to- Changes in Flood Elevation Detemrinations of South Florida’s largest auto dealerships car- — received March 18, 2005, pursuant to 5 ried on today by his son Bill Lehman, Jr. morrow, Wednesday, April 13, 2005, at U.S.C. 801(a)(1)(A); to the Committee on Fi- After nearly 30 years in the used car busi- 10 a.m. nancial Services. ness, Bill Lehman went off to Oxford Univer- f 1465. A letter from the General Counsel/ FEMA, Department of Homeland Security, sity. In the early 1960s, he returned to Miami EXECUTIVE COMMUNICATIONS, and began a second career teaching high transmitting the Department’s final rule — ETC. Changes in Flood Elevation Determinations school English. In 1966, he began yet a third Under clause 8 of rule XII, executive — received March 18, 2005, pursuant to 5 career running for and winning a seat on the U.S.C. 801(a)(1)(A); to the Committee on Fi- Dade County School Board and went on to communications were taken from the nancial Services. serve as Board Chairman in 1971. A year later Speaker’s table and referred as follows: 1466. A letter from the General Counsel/ he was elected to Congress. 1455. A letter from the Secretary, Depart- FEMA, Department of Homeland Security, I was greatly saddened to hear of Bill Leh- ment of Defense, transmitting notification transmitting the Department’s final rule — Suspension of Community Eligibility [Dock- man’s passing on March 16 of this year and that the Department anticipates it will be prepared to commence chemical agent de- et No. FEMA-7865] received March 18, 2005, commend my colleagues for dedicating this struction operations at the Newport Chem- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- evening in his honor. ical Agent Disposal Facility in Newport, In- mittee on Financial Services. My thoughts are with Bill’s wife Joan, to diana, pursuant to 50 U.S.C. 1512(4); to the 1467. A letter from the General Counsel/ whom he was married for 66 years, their two Committee on Armed Services. FEMA, Department of Homeland Security, sons Bill Jr. and Tom, and their 6 grand chil- 1456. A letter from the Acting Under Sec- transmitting the Department’s final rule — Suspension of Community Eligibility [Dock- dren and 2 great-grandsons. retary for Acquisition, Technology and Lo- gistics, Department of Defense, transmitting et No. FEMA-7867] received March 18, 2005, Bill’s years of dedicated public service in pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- this House will never be forgotten. His spirit the Department’s report on the amount of purchases from foreign entities for Fiscal mittee on Financial Services. 1468. A letter from the Secretary, Federal and the principle and compassion he brought Year 2004, pursuant to Public Law 104–201, Trade Commission, transmitting the Com- to the job will continue to be greatly admired section 827 (110 Stat. 2611) Public Law 105– by those of us who knew him. mission’s final rule — Prescreen Opt-Out 261, section 812; to the Committee on Armed Disclosure (RIN: 3084-AA94) received March f Services. 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 1457. A letter from the Under Secretary for LEAVE OF ABSENCE the Committee on Financial Services. Acquisition, Technology and Logistics, De- 1469. A letter from the Associate General By unanimous consent, leave of ab- partment of Defense, transmitting the Se- Counsel, National Credit Union Administra- sence was granted to: lected Acquisition Reports (SARs) for the tion, transmitting the Administration’s final Mr. GILLMOR (at the request of Mr. quarter ending December 31, 2004, pursuant rule — Loans to Members and Lines of Credit to 10 U.S.C. 2432; to the Committee on Armed DELAY) for today and the balance of to Members — received March 15, 2005, pursu- Services. the week on account of illness in the ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1458. A letter from the Director, Defense on Financial Services. family. Finance and Accounting Service, transmit- 1470. A letter from the Secretary, Depart- f ting pursuant to the Office of Management ment of Health and Human Services, trans- and Budget Circular A-76, the Service has mitting the Department’s FY 2004 annual SPECIAL ORDERS GRANTED implemented the government’s Most Effi- performance report to Congress required by By unanimous consent, permission to cient Organization (MEO) to perform Secu- the Prescription Drug User Fee Act of 1992 address the House, following the legis- rity Assistance Accounting operations, pur- (PDUFA), as amended, pursuant to 21 U.S.C. lative program and any special orders suant to 10 U.S.C. 2461(c); to the Committee 379g note; to the Committee on Energy and Commerce. heretofore entered, was granted to: on Armed Services. 1459. A letter from the Senior Paralegal, 1471. A letter from the Secretary, Depart- (The following Members (at the re- Office of Thrift Supervision, Department of ment of Health and Human Services, trans- quest of Mrs. MCCARTHY) to revise and the Treasury, transmitting the Department’s mitting a report entitled, ‘‘West Nile Virus extend their remarks and include ex- final rule — Community Reinvestment Act Prevention and Control: Ensuring the Safety traneous material:) — Assigned Ratings [No. 2005-09] (RIN: 1550- of the Blood Supply and Assessing Spraying Pesticides,’’ in compliance with Pub. L. 108- Mrs. MCCARTHY, for 5 minutes, today. AB48) received March 18, 2005, pursuant to 5 75; to the Committee on Energy and Com- Mr. DEFAZIO, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on Fi- nancial Services. merce. Mr. BROWN of Ohio, for 5 minutes, 1472. A letter from the Attorney Advisor, 1460. A letter from the Senior Paralegal, today. Federal Communications Commission, trans- Office of Thrift Supervision, Department of Mr. MCDERMOTT, for 5 minutes, mitting the Commission’s final rule — the Treasury, transmitting the Department’s Amendment of Part 80 of the Commission’s today. final rule — Special Rules for Adjudicatory Ms. KAPTUR, for 5 minutes, today. Rules Concerning Use of Frequency 156.575 Proceedings for Certain Holding Companies MHz for Port Operations Communications in Ms. WOOLSEY, for 5 minutes, today. [No. 2005-08] (RIN: 1550-AB96) received March Puget Sound — received February 9, 2005, (The following Members (at the re- 18, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quest of Mr. JONES of North Carolina) the Committee on Financial Services. mittee on Energy and Commerce. to revise and extend their remarks and 1461. A letter from the Deputy Assistant 1473. A letter from the Legal Advisor to the include extraneous material:) Secretary for Export Administration, De- Bureau Chief, Media Bureau, Federal Com- partment of Commerce, transmitting the De- Mr. DENT, for 5 minutes, today. munications Commission, transmitting the partment’s final rule — Defense Priorities Commission’s final rule — Amendment of Ms. ROS-LEHTINEN, for 5 minutes, and Allocations System (DPAS): Electronic today and April 13. Section 73.202(b), Table of Allotments, FM Transmission of Reasons for Rejecting Rated Broadcast Stations. (Walla Walla and Bur- Mr. JONES of North Carolina, for 5 Orders [Docket Number: 041026293-5031-02] bank, Washington) [MB Docket No. 02-63; minutes, April 13 and 14. (RIN: 0694-AD35) received March 3, 2005, pur- RM-10398] New Northwest Broadcasters, LLC Mr. GUTKNECHT, for 5 minutes, April suant to 5 U.S.C. 801(a)(1)(A); to the Com- Station KUJ-FM, Walla Walla, Washington 13 and 14. mittee on Financial Services. [File No. BPH-20041008ACV] For Construc- Mrs. BLACKBURN, for 5 minutes, 1462. A letter from the General Counsel/ tion Permit to Modify Licensed Facilities today. FEMA, Department of Homeland Security, (One-Step Upgrade) — received March 18, transmitting the Department’s final rule — 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. BURTON of Indiana, for 5 minutes, Changes in Flood Elevation Determinations Committee on Energy and Commerce. today and April 13 and 14. — received February 28, 2005, pursuant to 5 1474. A letter from the Acting Under Sec- Mr. BURGESS, for 5 minutes, April 13. U.S.C. 801(a)(1)(A); to the Committee on Fi- retary for Industry and Security, Depart- Mr. POE, for 5 minutes, today. nancial Services. ment of Commerce, transmitting a report of

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A letter from the Acting Chief, Publi- export controls on exports of items for chem- Executive & Political Personnel, Depart- cations and Regulations Br., Internal Rev- ical and biological weapon end-uses, under ment of Defense, transmitting a report pur- enue Service, transmitting the Service’s the authority of Section 6 of the Export Ad- suant to the Federal Vacancies Reform Act final rule — Modification of Check The Box ministration Act of 1979, as amended and Ex- of 1998; to the Committee on Government Re- [TD 9183] (RIN: 1545-BA59) received March 1, ecutive Order 13222 of August 17, 2001, and ex- form. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the tended by the Notice of August 6, 2004; to the 1489. A letter from the Assistant Director, Committee on Ways and Means. Committee on International Relations. Executive & Political Personnel, Depart- 1503. A letter from the Chief, Publications 1475. A letter from the Acting Assistant ment of Defense, transmitting a report pur- and Regulations Branch, Internal Revenue Secretary for Legislative Affairs, Depart- suant to the Federal Vacancies Reform Act Service, transmitting the Service’s final rule ment of State, transmitting a semi-annual of 1998; to the Committee on Government Re- — Frivolous Arguements regarding Opposi- report on progress toward nuclear non-pro- form. tion to Government Policies and Programs liferation in South Asia, pursuant to Section 1490. A letter from the Assistant Director, Used to Avoid Tax (Rev. Rul. 2005-20) re- 620F(c) of the Foreign Assistance Act of 1961, Executive & Political Personnel, Depart- ceived March 15, 2005, pursuant to 5 U.S.C. as amended, covering the period April 1, 2004 ment of Defense, transmitting a report pur- 801(a)(1)(A); to the Committee on Ways and to March 31, 2005; to the Committee on Inter- suant to the Federal Vacancies Reform Act Means. national Relations. of 1998; to the Committee on Government Re- 1504. A letter from the Chief, Publications 1476. A letter from the Assistant Director, form. and Regulations Branch, Internal Revenue Executive & Political Personnel, Depart- 1491. A letter from the Assistant Director, Service, transmitting the Service’s final rule ment of Defense, transmitting a report pur- Executive & Political Personnel, Depart- — Frivolous Constitutional Arguments Used suant to the Federal Vacancies Reform Act ment of Defense, transmitting a report pur- to Avoid Tax (Rev. Rul. 2005-19) received of 1998; to the Committee on Government Re- suant to the Federal Vacancies Reform Act March 15, 2005, pursuant to 5 U.S.C. form. of 1998; to the Committee on Government Re- 801(a)(1)(A); to the Committee on Ways and 1477. A letter from the Assistant Director form. Means. for Executive & Political Personnel, Depart- 1492. A letter from the Director, Office of 1505. A letter from the Chief, Publications ment of Defense, transmitting a report pur- Human Capital Management, Department of and Regulations Branch, Internal Revenue suant to the Federal Vacancies Reform Act Energy, transmitting a report pursuant to Service, transmitting the Service’s final rule of 1998; to the Committee on Government Re- the Federal Vacancies Reform Act of 1998; to — Frivolous ‘‘Straw Man’’ Claim Used to form. the Committee on Government Reform. Avoid Tax (Rev. Rul. 2005-21) received March 1478. A letter from the Assistant Director, 1493. A letter from the Human Resources 15, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Executive & Political Personnel, Depart- Specialist, Department of Labor, transmit- the Committee on Ways and Means. ment of Defense, transmitting a report pur- ting a report pursuant to the Federal Vacan- 1506. A letter from the Acting Chief, Publi- suant to the Federal Vacancies Reform Act cies Reform Act of 1998; to the Committee on cations and Regulations, Internal Revenue of 1998; to the Committee on Government Re- Service, transmitting the Service’s final rule Government Reform. form. 1494. A letter from the Attorney Advisor, — Charitable Remainder Trusts; Application 1479. A letter from the Assistant Director, Department of Transportation, transmitting of Ordering Rule [TD 9190] (RIN: 1545-AW35) Executive & Political Personnel, Depart- a report pursuant to the Federal Vacancies received March 15, 2005, pursuant to 5 U.S.C. ment of Defense, transmitting a report pur- Reform Act of 1998; to the Committee on 801(a)(1)(A); to the Committee on Ways and suant to the Federal Vacancies Reform Act Means. Government Reform. of 1998; to the Committee on Government Re- 1507. A letter from the Acting Chief, Publi- 1495. A letter from the Attorney Advisor, form. cations and Regulations Br., Internal Rev- Department of Transportation, transmitting 1480. A letter from the Assistant Director, enue Service, transmitting the Service’s a report pursuant to the Federal Vacancies Executive & Political Personnel, Depart- final rule — State and Local General Sales Reform Act of 1998; to the Committee on ment of Defense, transmitting a report pur- Tax Deduction [Notice 2005-31] received Government Reform. suant to the Federal Vacancies Reform Act March 15, 2005, pursuant to 5 U.S.C. 1496. A letter from the Chairman, Federal of 1998; to the Committee on Government Re- 801(a)(1)(A); to the Committee on Ways and Energy Regulatory Commission, transmit- form. Means. 1481. A letter from the Assistant Director, ting the Commission’s FY 2004 Performance 1508. A letter from the Acting Chief, Publi- Executive & Political Personnel, Depart- and Accountability Report, prepared in con- cations and Regulations Branch, Internal ment of Defense, transmitting a report pur- formance with the Government Performance Revenue Service, transmitting the Service’s suant to the Federal Vacancies Reform Act and Results Act (GPRA) of 1993 (Pub. L. 103- final rule — Last-in, first-out inventories. of 1998; to the Committee on Government Re- 62) and OMB Circular A-11; to the Committee (Rev. Rul. 2005-22) received March 15, 2005, form. on Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1482. A letter from the Assistant Director, 1497. A letter from the Chairman, Federal mittee on Ways and Means. Executive & Political Personnel, Depart- Maritime Commission, transmitting a copy 1509. A letter from the Acting Chief, Publi- ment of Defense, transmitting a report pur- of the annual report in compliance with the cations and Regulations Br., Internal Rev- suant to the Federal Vacancies Reform Act Government in the Sunshine Act for cal- enue Service, transmitting the Service’s of 1998; to the Committee on Government Re- endar year 2004, pursuant to 5 U.S.C. 552b(j); final rule — Qualified Amended Returns [TD form. to the Committee on Government Reform. 9186] (RIN: 1545-BD42) received March 15, 2005, 1483. A letter from the Assistant Director 1498. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for Executive & Political Personnel, Depart- fice of Government Ethics, transmitting no- mittee on Ways and Means. ment of Defense, transmitting a report pur- tice of an error and correction of the error, 1510. A letter from the Chief, Publications suant to the Federal Vacancies Reform Act originally included in a report evaluating and Regulations Branch, Internal Revenue of 1998; to the Committee on Government Re- the financial disclosure process for employ- Service, transmitting the Service’s final rule form. ees of the executive branch (dated March 17, — Deposits Made to Suspend the Running of 1484. A letter from the Assistant Director, 2005 and pursuant to Pub. L. 108-458); to the Interest on Potential Underpayments (Rev. Executive & Political Personnel, Depart- Committee on Government Reform. Proc. 2005-18) received March 15, 2005, pursu- ment of Defense, transmitting a report pur- 1499. A letter from the Chief Counsel, Bu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee suant to the Federal Vacancies Reform Act reau of Public Debt, Department of the on Ways and Means. of 1998; to the Committee on Government Re- Treasury, transmitting the Department’s 1511. A letter from the Acting Chief, Publi- form. final rule — Offering of United States Sav- cations and Regulations Branch, Internal 1485. A letter from the Assistant Director, ings Bonds, Series EE. — received April 1, Revenue Service, transmitting the Service’s Executive & Political Personnel, Depart- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Coordinated Issue: Losses Re- ment of Defense, transmitting a report pur- Committee on Ways and Means. ported From Inflated Basis Assets From suant to the Federal Vacancies Reform Act 1500. A letter from the Chief Counsel, Bu- Lease Stripping Transactions — received of 1998; to the Committee on Government Re- reau of the Public Debt, Department of the March 15, 2005, pursuant to 5 U.S.C. form. Treasury, transmitting the Department’s 801(a)(1)(A); to the Committee on Ways and 1486. A letter from the Assistant Director, final rule — Regulations Governing Treasury Means. Executive & Political Personnel, Depart- Securities, New Treasury Direct System. — 1512. A letter from the Chief, Publications ment of Defense, transmitting a report pur- received March 18, 2005, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue suant to the Federal Vacancies Reform Act 801(a)(1)(A); to the Committee on Ways and Service, transmitting the Service’s final rule of 1998; to the Committee on Government Re- Means. — Altering the Jurat to Avoid Tax (Rev. Rul. form. 1501. A letter from the Chief, Regulations 2005-18) received March 15, 2005, pursuant to 5 1487. A letter from the Assistant Director, Branch, Department of Homeland Security, U.S.C. 801(a)(1)(A); to the Committee on Executive & Political Personnel, Depart- transmitting the Department’s final rule — Ways and Means. ment of Defense, transmitting a report pur- United States — Chile Free Trade Agreement 1513. A letter from the Internal Revenue suant to the Federal Vacancies Reform Act (RIN: 1505-AB47) received March 1, 2005, pur- Service, Internal Revenue Service, transmit- of 1998; to the Committee on Government Re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Service’s final rule — Frivolous Ar- form. mittee on Ways and Means. guments regarding Waiver of Social Security

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Benefits Used to Avoid Tax (Rev. Rul. 2005- providing for consideration of the bill (H.R. Ms. ZOE LOFGREN of California, Mr. 17) received March 15, 2005, pursuant to 5 8) to make the repeal of the estate tax per- DANIEL E. LUNGREN of California, Ms. U.S.C. 801(a)(1)(A); to the Committee on manent (Rept. 109–35). Referred to the House JACKSON-LEE of Texas, Mr. GIBBONS, Ways and Means. Calendar. Mrs. CHRISTENSEN, Mr. SIMMONS, Mr. 1514. A letter from the Acting Chief, Publi- Mr. BOEHLERT: Committee on Science. ETHERIDGE, Mr. ROGERS of Alabama, cations and Regulations Branch, Internal H.R. 28. A bill to amend the High-Perform- Mr. LANGEVIN, Mr. PEARCE, Mr. MEEK Revenue Service, transmitting the Service’s ance Computing Act of 1991, with an amend- of Florida, Ms. HARRIS, Mr. JINDAL, final rule — Weighted Average Interest ment (Rept. 109–36). Referred to the Com- Mr. REICHERT, Mr. MCCAUL of Texas, Rates Update [Notice 2005-26] received March mittee of the Whole House on the State of Mr. DENT, and Mr. DEFAZIO): 10, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Union. H.R. 1544. A bill to provide faster and the Committee on Ways and Means. Mr. BOEHLERT: Committee on Science. smarter funding for first responders, and for 1515. A letter from the Acting Chief, Publi- H.R. 1023. A bill to authorize the Adminis- other purposes; to the Committee on Home- cations and Regulations, Internal Revenue trator of the National Aeronautics and Space land Security. Service, transmitting the Service’s final rule Administration to establish an awards pro- By Mr. CANNON: — Loss Limitation Rules [TD 9187] (RIN: gram in honor of Charles ‘‘Pete’’ Conrad, as- H.R. 1545. A bill to amend the Internal Rev- 1545-BA52) received March 3, 2005, pursuant tronaut and space scientist, for recognizing enue Code of 1986 to treat expenses for cer- to 5 U.S.C. 801(a)(1)(A); to the Committee on the discoveries made by amateur astrono- tain meal replacement and dietary supple- Ways and Means. mers of asteroids with near-Earth orbit tra- ment products that qualify for FDA-ap- 1516. A letter from the Acting Chief, Publi- jectories (Rept. 109–37). Referred to the Com- proved health claims as expenses for medical cations and Regulations Br., Internal Rev- mittee of the Whole House on the State of care; to the Committee on Ways and Means. enue Service, transmitting the Service’s the Union. By Mr. THORNBERRY: final rule — Announcement and Report Con- Mr. OXLEY: Committee on Financial Serv- H.R. 1546. A bill to provide grants to States cerning Advance Pricing Agreements — re- ices. H.R. 749. A bill to amend the Federal for health care tribunals, and for other pur- ceived April 5, 2005, pursuant to 5 U.S.C. Credit Union Act to provide expanded access poses; to the Committee on the Judiciary. 801(a)(1)(A); to the Committee on Ways and for persons in the field of membership of a By Mr. WOLF (for himself, Mr. EHLERS, Means. Federal credit union to money order, check and Mr. BOEHLERT): 1517. A letter from the Chief, Publications cashing, and money transfer services’ with H.R. 1547. A bill to preserve mathematics- and Regulations Branch, Internal Revenue an amendment (Rept. 109–38). Referred to the and science-based industries in the United Service, transmitting the Service’s final rule Committee of the Whole House on the State States; to the Committee on Education and — Designated IRS Officer or Employee Under of the Union. the Workforce. Section 7602(a)(2) of the Internal Revenue By Mr. RYAN of Wisconsin (for himself DISCHARGE OF COMMITTEE Code [TD 9195] (RIN: 1545-BA89) received and Mr. CARDIN): April 5, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Pursuant to clause 2 of rule XII the H.R. 1548. A bill to amend the Internal Rev- to the Committee on Ways and Means. Committee on House Adminstration enue Code of 1986 to provide for collegiate 1518. A letter from the Acting Chief, Publi- discharged from further consideration. housing and infrastructure grants; to the cations and Regulations Br., Internal Rev- S. 167 referred to the Committee of the Committee on Ways and Means. enue Service, transmitting the Service’s Whole House on the State of the Union By Mr. REYNOLDS (for himself, Mr. CARDIN, Mr. PORTMAN, Ms. PRYCE of final rule — Rules and Regulations (Rev. and ordered to be printed. Proc. 2005-22) received April 1, 2005, pursuant Ohio, Mr. ENGLISH of Pennsylvania, to 5 U.S.C. 801(a)(1)(A); to the Committee on f Mrs. JOHNSON of Connecticut, Mr. Ways and Means. HERGER, Mr. RAMSTAD, Mr. 1519. A letter from the Acting Chief, Publi- PUBLIC BILLS AND RESOLUTIONS HAYWORTH, Mr. LEWIS of Kentucky, cations and Regulations, Internal Revenue Under clause 2 of rule XII, public Mr. FOLEY, Mr. BRADY of Texas, Mr. Service, transmitting the Service’s final rule bills and resolutions were introduced CANTOR, Ms. HART, Mr. CHOCOLA, Mr. — Imposition of tax on heavy trucks and and severally referred, as follows: MCDERMOTT, Mr. LEWIS of Georgia, trailers sold at retail. (Rev. Proc. 2005-19) re- Mr. MCNULTY, Mr. JEFFERSON, Mr. ceived April 1, 2005, pursuant to 5 U.S.C. By Mr. THOMAS: POMEROY, Mr. THOMPSON of Cali- 801(a)(1)(A); to the Committee on Ways and H.R. 1541. A bill to amend the Internal Rev- fornia, Mr. LARSON of Connecticut, Means. enue Code of 1986 to enhance energy infra- Mr. EMANUEL, Mr. BOEHNER, Mr. 1520. A letter from the SSA Regulations Of- structure properties in the United States and FOSSELLA, Mr. BOUSTANY, Mr. KIRK, ficer, Social Security Administration, trans- to encourage the use of certain energy tech- Mr. OTTER, Mr. YOUNG of Alaska, Mr. mitting the Administration’s final rule — nologies, and for other purposes; to the Com- GARY G. MILLER of California, Mr. Wage Credits for Veterans and Members of mittee on Ways and Means. SHAYS, Mr. CUMMINGS, Mr. FORTUN˜ O, the Uniformed Services (RIN: 0960-AF90) re- By Mr. FRANK of Massachusetts (for Mr. TOWNS, Mr. SIMPSON, Mr. LYNCH, ceived March 4, 2005, pursuant to 5 U.S.C. himself, Mr. MARKEY, Mr. NEAL of and Mr. SKELTON): 801(a)(1)(A); to the Committee on Ways and Massachusetts, Mr. OLVER, Mr. MEE- H.R. 1549. A bill to amend the Internal Rev- Means. HAN, Mr. DELAHUNT, Mr. MCGOVERN, enue Code of 1986 to allow an income tax Mr. TIERNEY, Mr. CAPUANO, and Mr. f credit for the provision of homeownership LYNCH): and community development, and for other REPORTS OF COMMITTEES ON H.R. 1542. A bill to designate the facility of purposes; to the Committee on Ways and PUBLIC BILLS AND RESOLUTIONS the United States Postal Service located at Means. 695 Pleasant Street in New Bedford, Massa- Under clause 2 of rule XIII, reports of By Mr. HYDE (for himself, Mr. LANTOS, chusetts, as the ‘‘Honorable Judge George N. and Mr. MENENDEZ): committees were delivered to the Clerk Leighton Post Office Building’’; to the Com- H.R. 1550. A bill to authorize assistance for for printing and reference to the proper mittee on Government Reform. the relief of victims of the Indian Ocean tsu- calendar, as follows: By Mr. MCGOVERN: nami and for the recovery and reconstruc- Mr. BARTON: Committee on Energy and H.R. 1543. A bill to enhance and improve tion of tsunami-affected countries; to the Commerce. H.R. 29. A bill to protect users of benefits for members of the National Guard Committee on International Relations. the Internet from unknowing transmission and Reserves who serve extended periods on By Mr. JINDAL (for himself, Mr. of their personally identifiable information active duty, and for other purposes; to the BOUSTANY, Mr. MCCRERY, Mr. BAKER, through spyware programs, and for other Committee on Armed Services, and in addi- Mr. MELANCON, Mr. JEFFERSON, and purposes: with an amendment (Rept. 109–32). tion to the Committees on House Adminis- Mr. ALEXANDER): Referred to the Committee of the Whole tration, Education and the Workforce, Gov- H.R. 1551. A bill to amend the Outer Conti- House on the State of the Union. ernment Reform, Veterans’ Affairs, and En- nental Shelf Lands Act to provide a domestic Mr. SENSENBRENNER: Committee on the ergy and Commerce, for a period to be subse- offshore energy reinvestment program, and Judiciary. S. 167. An act to provide for the quently determined by the Speaker, in each for other purposes; to the Committee on Re- protection of intellectual property rights, case for consideration of such provisions as sources. and for other purposes (Rept. 109–33 Pt. 1). fall within the jurisdiction of the committee By Mr. JINDAL (for himself and Mr. Mr. BOEHNER: Committee on Education concerned. SOUDER): and the Workforce. House Resolution 134. By Mr. COX (for himself, Mr. THOMPSON H.R. 1552. A bill to amend the Robert T. Resolution requesting the President to of Mississippi, Mr. YOUNG of Alaska, Stafford Disaster Relief and Emergency As- transmit to the House of Representatives Mr. PASCRELL, Mr. SMITH of Texas, sistance Act to clarify that the religious sta- certain information relating to plan assets Ms. LORETTA SANCHEZ of California, tus of a private nonprofit facility does not and liabilities of single-employer pension Mr. WELDON of Pennsylvania, Mr. preclude the facility from receiving assist- plans; adversely (Rept. 109–34). Referred to MARKEY, Mr. SHAYS, Mr. DICKS, Mr. ance under the Act; to the Committee on the House Calendar. KING of New York, Ms. HARMAN, Mr. Transportation and Infrastructure. Mr. HASTINGS of Washington: Committee LINDER, Mrs. LOWEY, Mr. SOUDER, Ms. By Mr. ACKERMAN (for himself, Ms. on Rules. House Resolution 202. Resolution NORTON, Mr. TOM DAVIS of Virginia, ROS-LEHTINEN, Mr. PALLONE, Mr.

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CROWLEY, Ms. WATSON, and Mr. National Science Foundation and to author- located off the coast of New Jersey; to the MENENDEZ): ize funding for the support of fundamental Committee on Resources. H.R. 1553. A bill to prohibit the provision of agricultural research of the highest quality, By Mr. MENENDEZ (for himself, Mr. United States military assistance and the and for other purposes; to the Committee on PALLONE, Mr. HOLT, Mr. ANDREWS, sale, transfer, or licensing of United States Science, and in addition to the Committee Mr. PAYNE, Mr. ROTHMAN, and Mr. military equipment or technology to Paki- on Agriculture, for a period to be subse- PASCRELL): stan; to the Committee on International Re- quently determined by the Speaker, in each H.R. 1572. A bill to amend title XVIII of the lations. case for consideration of such provisions as Social Security Act to improve the coordina- By Mr. BILIRAKIS (for himself, Mr. fall within the jurisdiction of the committee tion of prescription drug coverage provided BROWN of Ohio, Mrs. BONO, Mr. CASE, concerned. under State pharmaceutical assistance pro- Mr. FOSSELLA, Mr. FRANK of Massa- By Mr. HASTINGS of Washington: grams with the prescription drug benefit pro- chusetts, Mr. HINCHEY, Mr. LANGEVIN, H.R. 1564. A bill to authorize the Secretary vided under the Medicare Program, and for Ms. LEE, Ms. SCHAKOWSKY, Mr. SMITH of the Interior to convey certain buildings other purposes; to the Committee on Energy of Washington, Mr. TOWNS, and Mr. and lands of the Yakima Project, Wash- and Commerce, and in addition to the Com- WAXMAN): ington, to the Yakima-Tieton Irrigation Dis- mittee on Ways and Means, for a period to be H.R. 1554. A bill to enhance and further re- trict; to the Committee on Resources. subsequently determined by the Speaker, in search into paralysis and to improve reha- By Ms. HOOLEY (for herself, Mr. each case for consideration of such provi- bilitation and the quality of life for persons MCGOVERN, Mr. BISHOP of New York, sions as fall within the jurisdiction of the living with paralysis and other physical dis- Mr. PALLONE, Mr. DEFAZIO, Mr. committee concerned. abilities, and for other purposes; to the Com- OWENS, Mr. OLVER, Mr. TOWNS, Mr. By Mr. MICHAUD (for himself, Mr. mittee on Energy and Commerce, and in ad- KIND, Mr. SCOTT of Georgia, Mr. EVANS, Ms. BERKLEY, Mr. RYAN of dition to the Committee on Veterans’ Af- GRIJALVA, Mrs. DAVIS of California, Ohio, Mr. STRICKLAND, and Mr. fairs, for a period to be subsequently deter- Mr. BLUMENAUER, Mr. CARDOZA, Mr. UDALL of New Mexico): mined by the Speaker, in each case for con- KILDEE, Ms. KILPATRICK of Michigan, H.R. 1573. A bill to amend title 38, United sideration of such provisions as fall within Mr. ROSS, Mr. PAYNE, Mr. HOLDEN, States Code, to provide that the increase of the jurisdiction of the committee concerned. Mr. SMITH of Washington, Mr. STU- $250 per month in the rate of monthly de- By Ms. BORDALLO (for herself and PAK, Mr. LANTOS, Mr. pendency and indemnity compensation (DIC) Mrs. CHRISTENSEN): RUPPERSBERGER, Mr. BROWN of Ohio, payable to a surviving spouse of a member of H.R. 1555. A bill to amend the Internal Rev- Mr. PASTOR, Mr. LARSEN of Wash- the Armed Forces who dies on active duty or enue Code of 1986 to provide for the cover ington, Mrs. CAPPS, Mr. OBERSTAR, as a result of a service-connected disability over of the refundable portion of the earned Mr. JACKSON of Illinois, Mr. CHAN- shall be paid for so long as there are minor income and child tax credits to Guam and DLER, Mrs. JONES of Ohio, and Mr. children, rather than only for two years; to the Virgin Islands; to the Committee on CASE): the Committee on Veterans’ Affairs. Ways and Means. H.R. 1565. A bill to enhance the benefits By Mr. MOORE of Kansas (for himself By Mr. CLAY: and protections for members of the reserve and Mr. CASE): H.R. 1556. A bill to designate a parcel of components of the Armed Forces who are H.R. 1574. A bill to amend the Internal Rev- land located on the site of the Thomas F. called or ordered to extended active duty, enue Code of 1986 and the Economic Growth Eagleton United States Courthouse in St. and for other purposes; to the Committee on and Tax Relief Reconciliation Act of 2001 to Louis, Missouri, as the ‘‘Clyde S. Cahill Me- Armed Services, and in addition to the Com- restore the estate tax and repeal the carry- morial Park’’; to the Committee on Trans- mittees on Energy and Commerce, Education over basis rule and to increase the estate tax portation and Infrastructure. and the Workforce, Ways and Means, and unified credit to an exclusion equivalent of By Mrs. CUBIN: Veterans’ Affairs, for a period to be subse- $3,500,000; to the Committee on Ways and H.R. 1557. A bill to amend the Internal Rev- quently determined by the Speaker, in each Means. enue Code of 1986 to provide an election for case for consideration of such provisions as By Mrs. MYRICK (for herself and Mr. a special tax treatment of certain S corpora- fall within the jurisdiction of the committee SPRATT): tion conversions; to the Committee on Ways concerned. H.R. 1575. A bill to authorize appropriate and Means. By Mr. ISSA: action if the negotiations with the People’s By Mr. TOM DAVIS of Virginia: H.R. 1566. A bill to provide a technical cor- Republic of China regarding China’s under- H.R. 1558. A bill to amend title 18, United rection to the Federal preemption of State valued currency and currency manipulation States Code, to prohibit certain computer- or local laws concerning the markings and are not successful; to the Committee on assisted remote hunting, and for other pur- identification of imitation or toy firearms Ways and Means. poses; to the Committee on the Judiciary. entering into interstate commerce; to the By Mr. OTTER (for himself and Mr. By Mr. FORD: Committee on Energy and Commerce. SIMPSON): H.R. 1559. A bill to increase the level of By Mr. LATOURETTE: funding for the Partnerships in Character H.R. 1567. A bill to require the Secretary of H.R. 1576. A bill to rename the Snake River Education Program, and for other purposes; Housing and Urban Development to provide Birds of Prey National Conservation Area in to the Committee on Education and the tenant-based rental housing vouchers for the State of Idaho as the Morley Nelson Workforce. certain residents of federally assisted hous- Snake River Birds of Prey National Con- By Mr. FORD: ing; to the Committee on Financial Services. servation Area in honor of the late Morley Nelson, an international authority on birds H.R. 1560. A bill to amend the Internal Rev- By Mr. LEACH (for himself, Mr. TAN- of prey, who was instrumental in the estab- enue Code of 1986 to increase the exclusion NER, and Mr. ABERCROMBIE): equivalent of the unified credit allowed H.R. 1568. A bill to amend the Internal Rev- lishment of this National Conservation Area, against the estate tax to $7,500,000 and to es- enue Code of 1986 to permanently reduce es- and for other purposes; to the Committee on tablish a flat estate tax rate; to the Com- tate and gift tax rates to 30 percent, to in- Resources. mittee on Ways and Means. crease the exclusion equivalent of the uni- By Mr. POMEROY (for himself, Mr. By Mr. FORD: fied credit to $10,000,000, and to increase the ALLEN, Mr. BROWN of Ohio, Mr. H.R. 1561. A bill to amend the Internal Rev- annual gift tax exclusion to $50,000; to the CARDIN, Mr. HOLDEN, Mr. GONZALEZ, enue Code of 1986 to expand the incentives Committee on Ways and Means. Mr. LIPINSKI, and Mr. OBEY): for adoption and to amend part E of title IV By Mr. LINDER (for himself, Mr. KING- H.R. 1577. A bill to amend the Internal Rev- of the Social Security Act to increase adop- STON, and Mr. WAXMAN): enue Code of 1986 to retain the estate tax tive incentive payments; to the Committee H.R. 1569. A bill to amend the Public with an immediate increase in the exemp- on Ways and Means. Health Service Act with respect to the Na- tion, to repeal the new carryover basis rules By Mr. FOSSELLA: tional Foundation for the Centers for Dis- in order to prevent tax increases and the im- H.R. 1562. A bill to protect human health ease Control and Prevention; to the Com- position of compliance burdens on many and the environment from the release of haz- mittee on Energy and Commerce. more estates than would benefit from repeal, ardous substances by acts of terrorism; to By Mr. LINDER: and for other purposes; to the Committee on the Committee on Homeland Security, and H.R. 1570. A bill to amend the Public Ways and Means. in addition to the Committee on Energy and Health Service Act to provide for the con- By Mr. PORTER (for himself, Mr. VAN Commerce, for a period to be subsequently tinuation of the program for revitalizing the HOLLEN, Mr. TOM DAVIS of Virginia, determined by the Speaker, in each case for Centers for Disease Control and Prevention; Mr. FOLEY, Mr. NEAL of Massachu- consideration of such provisions as fall with- to the Committee on Energy and Commerce. setts, Mr. HOYER, Ms. PRYCE of Ohio, in the jurisdiction of the committee con- By Mr. LOBIONDO (for himself, Mr. Mr. CANTOR, Mr. LATOURETTE, Mr. cerned. SAXTON, Mr. FRELINGHUYSEN, Mr. WOLF, and Mr. MCHENRY): By Mr. GUTKNECHT (for himself, Mr. FERGUSON, and Mr. SMITH of New Jer- H.R. 1578. A bill to amend title 5, United SCHWARZ of Michigan, and Mr. KEN- sey): States Code, to provide for a real estate NEDY of Minnesota): H.R. 1571. A bill to prohibit the Secretary stock index investment option under the H.R. 1563. A bill to establish a Division of of the Interior from issuing oil and gas leases Thrift Savings Plan; to the Committee on Food and Agricultural Science within the on portions of the Outer Continental Shelf Government Reform.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE April 12, 2005 CONGRESSIONAL RECORD — HOUSE H1895 By Mr. PRICE of North Carolina: private practitioners, and for other purposes; Championship for basketball; to the Com- H.R. 1579. A bill to amend title 3, United to the Committee on Veterans’ Affairs. mittee on Education and the Workforce. States Code, to extend the date provided for By Ms. NORTON (for herself, Mr. TOM By Mr. ETHERIDGE (for himself, Mr. the meeting of electors of the President and DAVIS of Virginia, Mr. WOLF, Mr. MILLER of North Carolina, Mr. PRICE Vice President in the States and the date HOYER, Mr. MORAN of Virginia, Mr. of North Carolina, Mr. COBLE, Mr. provided for the joint session of Congress WYNN, Mr. CUMMINGS, and Mr. VAN WATT, Mr. MCINTYRE, Mr. JONES of held for the counting of electoral votes, and HOLLEN): North Carolina, Mr. BUTTERFIELD, for other purposes; to the Committee on H.R. 1586. A bill to establish an annual and Mr. MCHENRY): House Administration. Federal infrastructure support contribution H. Res. 206. A resolution recognizing the By Mr. PRICE of North Carolina (for for the District of Columbia, and for other 100th anniversary of Garner, North Carolina; himself, Mr. CASTLE, Mr. HOLT, Mr. purposes; to the Committee on Government to the Committee on Government Reform. SIMMONS, Mr. LEWIS of Georgia, Mr. Reform. By Mr. HULSHOF: BASS, Mrs. MALONEY, and Mr. ALLEN): By Mr. ROYCE (for himself, Mr. LAN- H. Res. 207. A resolution recognizing the H.R. 1580. A bill to amend the Federal Elec- TOS, Mr. WOLF, Mrs. KELLY, and Mr. 100th anniversary of FarmHouse Fraternity, tion Campaign Act of 1971 to clarify the re- SNYDER): Inc; to the Committee on Education and the quirements for the disclosure of identifying H. Con. Res. 127. Concurrent resolution Workforce. information within authorized campaign calling on the Government of the Federal By Mr. MURPHY (for himself, Mr. communications which are printed, to apply Republic of Nigeria to transfer Charles DOYLE, Mr. MCNULTY, Mr. PAYNE, Mr. certain requirements regarding the disclo- Ghankay Taylor, former President of the Re- HINCHEY, Ms. HART, Ms. BORDALLO, sure of identifying information within com- public of Liberia, to the Special Court for Si- Mr. PLATTS, Mr. ENGLISH of Pennsyl- munications made through the Internet, to erra Leone to be tried for war crimes, crimes vania, Mr. FITZPATRICK of Pennsyl- apply certain disclosure requirements to against humanity, and other serious viola- vania, Mr. PETERSON of Pennsyl- prerecorded telephone calls, and for other tions of international humanitarian law; to vania, Mr. GERLACH, Ms. SCHWARTZ of purposes; to the Committee on House Admin- the Committee on International Relations. Pennsylvania, Mr. HOLDEN, Mr. istration. By Mr. SHIMKUS (for himself, Mr. WELDON of Pennsylvania, Mr. CASE, By Mr. SIMMONS (for himself, Mr. MCGOVERN, Mr. MCCOTTER, Mr. Mr. DENT, Mr. SHUSTER, Mr. TOWNS, FOLEY, Mr. BURGESS, Mr. BURTON of DREIER, Mr. DOGGETT, Mr. KUCINICH, Mr. FATTAH, Mr. BRADY of Pennsyl- Indiana, Mr. KUHL of New York, Mr. Mr. COX, Mr. ROGERS of Michigan, vania, Mr. SKELTON, Mr. SMITH of SAXTON, Mr. BOEHLERT, Mr. BROWN of and Mr. KINGSTON): New Jersey, Mr. NEUGEBAUER, Mr. Ohio, Ms. GINNY BROWN-WAITE of H. Con. Res. 128. Concurrent resolution ex- SULLIVAN, Mr. BOEHNER, Ms. ROS- Florida, Mr. COX, Mr. BASS, Mr. pressing the sense of Congress that the Gov- LEHTINEN, Mr. CHOCOLA, Mr. PITTS, BOUSTANY, Ms. CARSON, Mr. ernment of the Russian Federation should Mr. WELDON of Florida, Mr. KING of FITZPATRICK of Pennsylvania, Ms. issue a clear and unambiguous statement of Iowa, Mr. SHERWOOD, Mr. ROYCE, Mr. MILLENDER-MCDONALD, Mr. LINCOLN admission and condemnation of the illegal CANTOR, Mr. RYUN of Kansas, Mr. DIAZ-BALART of Florida, Mr. BART- occupation and annexation by the Soviet NEY, Mr. TURNER, Ms. HARRIS, Mr. LETT of Maryland, and Mr. REY- Union from 1940 to 1991 of the Baltic coun- BONNER, Mr. BACHUS, Mr. BURGESS, NOLDS): tries of Estonia, Latvia, and Lithuania; to Mrs. BONO, Mr. KANJORSKI, Mr. H.R. 1581. A bill to allow seniors to file the Committee on International Relations. SHIMKUS, and Mrs. BLACKBURN): their Federal income tax on a new Form By Mr. SHUSTER (for himself and Mr. H. Res. 208. A resolution recognizing the 1040S; to the Committee on Ways and Means. MURTHA): University of Pittsburgh and Dr. Jonas Salk By Mr. UPTON (for himself, Ms. ESHOO, H. Con. Res. 129. Concurrent resolution on the fiftieth anniversary of the milestone Mr. TERRY, Mr. WU, Mr. BECERRA, honoring and memorializing the passengers discovery of the Salk polio vaccine, which and Mr. BONNER): and crew of United Airlines Flight 93; to the has virtually eliminated the disease and its H.R. 1582. A bill to amend title XVIII of the Committee on Transportation and Infra- harmful effects; to the Committee on Energy Social Security Act to authorize expansion structure. and Commerce. of Medicare coverage of medical nutrition By Mr. WYNN (for himself, Mr. UPTON, By Mr. SESSIONS (for himself and Mr. therapy services; to the Committee on En- Mr. SNYDER, Mr. ABERCROMBIE, Mr. FEENEY): ergy and Commerce, and in addition to the PAYNE, Mr. WAXMAN, Mr. RANGEL, H. Res. 209. A resolution expressing the Committee on Ways and Means, for a period Mrs. CHRISTENSEN, Mrs. JONES of sense of the House of Representatives that to be subsequently determined by the Speak- Ohio, Mr. FORD, Mr. SCHIFF, and Mr. any Social Security reform legislation er, in each case for consideration of such pro- GUTIERREZ): should include a ‘‘Community Bank Option’’; visions as fall within the jurisdiction of the H. Con. Res. 130. Concurrent resolution ex- to the Committee on Ways and Means. committee concerned. pressing the sense of the Congress with re- By Mr. WEXLER (for himself, Mr. By Mr. VAN HOLLEN: spect to the awareness, prevention, early de- SMITH of Texas, Mr. BERMAN, Mr. H.R. 1583. A bill to amend the Internal Rev- tection, and effective treatment of viral hep- FEENEY, Mr. SMITH of Washington, enue Code of 1986 to repeal provisions relat- atitis, and for other purposes; to the Com- and Mrs. BONO): ing to qualified tax collection contracts, and mittee on Energy and Commerce. H. Res. 210. A resolution supporting the for other purposes; to the Committee on By Mr. COBLE (for himself, Mr. goals of World Intellectual Property Day, Ways and Means. BUTTERFIELD, Mr. ETHERIDGE, Ms. and recognizing the importance of intellec- By Mr. WELDON of Pennsylvania (for FOXX, Mr. HAYES, Mr. JONES of North tual property in the United States and himself, Mr. ALLEN, Mr. SAXTON, Mr. Carolina, Mr. MCHENRY, Mr. MCIN- worldwide; to the Committee on the Judici- INSLEE, Mrs. DRAKE, Mr. FARR, Mr. TYRE, Mr. MILLER of North Carolina, ary. FITZPATRICK of Pennsylvania, Mr. Mrs. MYRICK, Mr. PRICE of North MORAN of Virginia, Mr. SMITH of New Carolina, Mr. TAYLOR of North Caro- f Jersey, Mr. MENENDEZ, Mr. ROHR- lina, and Mr. WATT): ABACHER, Ms. ESHOO, Mr. HUNTER, H. Res. 203. A resolution expressing support ADDITIONAL SPONSORS Mr. CASE, Mr. MCINTYRE, Mr. for the International Home Furnishings Mar- Under clause 7 of rule XII, sponsors ˜ MCDERMOTT, Mr. FORTUNO, Mr. ket in High Point, North Carolina; to the were added to public bills and resolu- BUTTERFIELD, Mr. KILDEE, and Ms. Committee on Energy and Commerce. tions as follows: LEE): By Ms. DEGETTE (for herself, Mr. H.R. 1584. A bill to develop and maintain CUMMINGS, Mr. WATT, and Mr. UDALL H.R. 8: Mr. MARCHANT, Mr. BARRETT of an integrated system of coastal and ocean of Colorado): South Carolina, Mr. RUPPERSBERGER, Mr. observations for the Nation’s coasts, oceans, H. Res. 204. A resolution expressing the INGLIS of South Carolina, Mr. DENT, Mr. and Great Lakes, to improve warnings of sense of the House of Representatives that PRICE of Georgia, Mr. FRELINGHUYSEN, Mr. tsunamis and other natural hazards, to en- Pasqualine J. Gibbons of Denver, Colorado, FLAKE, Mr. SWEENEY, Mr. GIBBONS, Mr. hance homeland security, to support mari- an African American woman who valiantly DAVIS of Kentucky, Ms. BERKLEY, Mr. POR- time operations, and for other purposes; to served her country in the Army Air Corps TER, Mr. SHADEGG, Mr. FRANKS of Arizona, the Committee on Resources, and in addition during World War II, was unfairly passed Mr. CALVERT, and Mr. LATHAM. to the Committee on Science, for a period to over for promotion and should have held the H.R. 11: Miss MCMORRIS, Mr. HOLDEN, Mr. be subsequently determined by the Speaker, grade of technical sergeant, rather than pri- DEFAZIO, and Mr. HAYES. in each case for consideration of such provi- vate first class, upon her discharge from the H.R. 18: Mr. ROHRABACHER. sions as fall within the jurisdiction of the service on January 2, 1946; to the Committee H.R. 19: Mr. TANCREDO and Mr. DEAL of committee concerned. on Armed Services. Georgia. By Mr. WICKER: By Mr. EDWARDS (for himself and Mr. H.R. 22: Mr. LAHOOD, Mr. KUHL of New H.R. 1585. A bill to amend title 38, United ISTOOK): York, Ms. BALDWIN, Mr. HINCHEY, Mr. PETER- States Code, to require Department of Vet- H. Res. 205. A resolution congratulating SON of Minnesota, Mr. SPRATT, Mr. LINCOLN erans Affairs pharmacies to dispense medica- the Baylor University Lady Bear Women’s DIAZ-BALART of Florida, Mr. PASCRELL, Mr. tions to veterans for prescriptions written by Basketball team on winning the 2005 NCAA MOORE of Kansas, Ms. HERSETH, Mr. MEEK of

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Florida, Mr. PORTER, Mrs. DRAKE, Mr. SIM- H.R. 179: Mr. FOSSELLA. H.R. 768: Mr. MCNULTY. MONS, Mr. CONYERS, Ms. GINNY BROWN-WAITE H.R. 181: Mr. HERGER and Mr. CHABOT. H.R. 771: Mr. SALAZAR, Mr. FILNER, and Mr. of Florida, Mr. ANDREWS, Mr. MENENDEZ, Ms. H.R. 206: Ms. MILLENDER-MCDONALD and SCHIFF. LINDA T. SA´ NCHEZ of California, Mr. MURTHA, Mr. MICHAUD. H.R. 776: Mr. MILLER of Florida and Mr. and Mr. REYES. H.R. 509: Mr. BURTON of Indiana, Mr. NOR- NORWOOD. H.R. 23: Mr. UDALL of Colorado, Mr. CHAN- WOOD, Mr. FORTUN˜ O, and Mr. SAXTON. H.R. 777: Mr. MILLER of Florida. DLER, Ms. JACKSON-LEE of Texas, Mr. MUR- H.R. 510: Mr. FORTUN˜ O. H.R. 783: Mr. REYES, Mr. BRADLEY of New PHY, Mr. DAVIS of Illinois, Mr. GEORGE MIL- H.R. 515: Mr. ORTIZ. Hampshire, and Mrs. CAPITO. LER of California, Ms. DELAURO, Mr. H.R. 525: Mr. TOWNS, Mr. SHIMKUS, Mr. H.R. 787: Mr. SKELTON, Mr. HUNTER, Ms. RAMSTAD, Mr. SMITH of Washington, Mrs. CALVERT, and Mr. GUTKNECHT. PELOSI, Mr. WAXMAN, Ms. LORETTA SANCHEZ WILSON of New Mexico, Mr. LUCAS, Mr. H.R. 551: Ms. SLAUGHTER and Mr. GEORGE of California, Ms. WOOLSEY, Mr. LANTOS, Ms. WELLER, Mr. BOYD, Mr. WOLF, and Mr. LEWIS MILLER of California. MILLENDER-MCDONALD, Ms. ROYBAL-ALLARD, of Georgia. H.R. 558: Mr. REYES, Mr. BISHOP of Georgia, Mr. BERMAN, Mrs. CAPPS, Mrs. TAUSCHER, H.R. 216: Mrs. MYRICK. Mr. BRADLEY of New Hampshire, and Mr. Ms. WATSON, Ms. ZOE LOFGREN of California, H.R. 269: Mrs. CAPITO, Mr. PAUL, and Mr. SMITH of New Jersey. Mr. THOMAS, Mrs. NAPOLITANO, Mr. GEORGE KOLBE. H.R. 562: Mr. BOEHLERT. MILLER of California, Mr. CARDOZA, Mr. H.R. 278: Mr. AKIN and Mr. SESSIONS. H.R. 580: Mr. BROWN of South Carolina. STARK, Mr. HONDA, Ms. LEE, Mr. ISSA, Mr. H.R. 302: Mr. HASTINGS of Florida. H.R. 583: Mrs. MCCARTHY. HERGER, Mr. FARR, Mr. BECERRA, Ms. WA- H.R. 303: Mr. PETERSON of Minnesota, Mr. H.R. 586: Mr. OTTER. TERS, Mr. SHERMAN, Ms. LINDA T. SA´ NCHEZ of BOUCHER, Mr. BERRY, Mr. TAYLOR of Mis- H.R. 591: Mr. FRANK of Massachusetts. California, Ms. ESHOO, Mrs. DAVIS of Cali- sissippi, Ms. HOOLEY, Mr. DICKS, Mr. BRAD- H.R. 592: Mr. MCNULTY, Mr. PLATTS, Mr. fornia, Mr. LEVIN, Ms. SOLIS, Mr. CALVERT, LEY of New Hampshire, Mr. MORAN of Kan- FOSSELLA, and Mr. MCHUGH. and Mrs. BONO. sas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, H.R. 594: Mr. TIERNEY. H.R. 793: Ms. BALDWIN, Mr. OLVER, and Mr. and Mr. SALAZAR. H.R. 615: Mr. BONNER, Mr. STUPAK, Ms. LARSON of Connecticut. H.R. 314: Mr. CARNAHAN. BERKLEY, and Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 798: Mr. MICHAUD. H.R. 328: Mr. AL GREEN of Texas and Mr. fornia. H.R. 800: Mr. BILIRAKIS, Mr. BARTON of KENNEDY of Rhode Island. H.R. 623: Mrs. DRAKE and Mr. HENSARLING. Texas, Mr. ORTIZ, Mr. LATHAM, Mr. HULSHOF, H.R. 333: Mr. FOLEY and Mr. GRIJALVA. H.R. 626: Mr. KIRK. Mr. INGLIS of South Carolina, Mr. H.R. 339: Mr. HALL, Mr. MILLER of Florida, H.R. 634: Ms. BERKLEY. FORTENBERRY, Mr. LOBIONDO, Mr. GOOD- and Mr. DEAL of Georgia. H.R. 652: Mr. GOODLATTE, Ms. HART, and LATTE, and Mr. EDWARDS. H.R. 369: Mr. SPRATT and Mr. SALAZAR. Mr. RYAN of Wisconsin. H.R. 810: Mr. DELAHUNT and Mr. GONZALEZ. H.R. 371: Ms. LEE, Mr. GINGREY, Mr. SCOTT H.R. 657: Mr. ANDREWS, Mr. BARROW, Mr. H.R. 858: Mr. MILLER of Florida and Ms. of Georgia, Mr. BROWN of Ohio, and Mr. BECERRA, Mr. BISHOP of New York, Ms. GINNY BROWN-WAITE of Florida. H.R. 865: Mr. MCHUGH and Mr. MCINTYRE. CUMMINGS. BORDALLO, Mr. BRADY of Pennsylvania, Ms. H.R. 867: Mr. UDALL of Colorado and Mr. H.R. 378: Ms. SCHAKOWSKY. CORRINE BROWN of Florida, Mr. BROWN of BERMAN. H.R. 401: Mr. MCCOTTER. Ohio, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. H.R. 871: Mr. MENENDEZ. H.R. 402: Mr. FORTUN˜ O. CAPUANO, Mr. CARDOZA, Ms. CARSON, Mrs. H.R. 874: Mr. MCCAUL of Texas. H.R. 404: Mr. FORTUN˜ O. CHRISTENSEN, Mr. CLAY, Mr. CLEAVER, Mr. H.R. 880: Mr. GORDON. H.R. 406: Mr. GARRETT of New Jersey. CONYERS, Mr. CUELLAR, Mr. CUMMINGS, Mr. H.R. 881: Mr. BARROW, Mr. HAYWORTH, Mr. H.R. 408: Mr. MICHAUD. DAVIS of Alabama, Mr. DAVIS of Illinois, Ms. ACKERMAN, Mr. PETERSON of Minnesota, Mr. H.R. 421: Mr. WEXLER. DELAURO, Mr. ETHERIDGE, Mr. LATHAM, and Mr. EHLERS. H.R. 448: Ms. CORRINE BROWN of Florida. FALEOMAVAEGA, Mr. FORD, Mr. GONZALEZ, H.R. 884: Mr. MCHUGH, Mr. PRICE of North H.R. 504: Mr. BACA, Mr. BECERRA, Mr. BER- Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. Carolina, Mr. FOLEY, Mr. HASTINGS of Flor- MAN, Mrs. BONO, Mr. CALVERT, Mrs. CAPPS, HASTINGS of Florida, Mr. JACKSON of Illinois, ida, Mr. KIND, Mr. BOEHLERT, Mr. SIMMONS, Mr. CARDOZA, Mr. COX, Mr. COSTA, Mr. Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, and Ms. ROS-LEHTINEN. CUNNINGHAM, Mrs. DAVIS of California, Mr. Mr. KANJORSKI, Mr. KILDEE, Ms. KILPATRICK H.R. 885: Ms. KAPTUR, Mr. BURTON of Indi- DOOLITTLE, Mr. DREIER, Ms. ESHOO, Mr. of Michigan, Mr. KUCINICH, Mr. LANTOS, Ms. ana, Ms. SLAUGHTER, Mr. ROHRABACHER, Mr. FARR, Mr. FILNER, Mr. GALLEGLY, Mr. LEE, Mr. LEVIN, Ms. ZOE LOFGREN of Cali- LEACH, Mr. PENCE, Mr. CROWLEY, Mr. ENGEL, HAYWORTH, Ms. HARMAN, Mr. HERGER, Mr. fornia, Mrs. MCCARTHY, Mr. MCDERMOTT, Mr. Mr. ROYCE, Mr. SCHIFF, Ms. WATSON, Mr. HONDA, Mr. HUNTER, Mr. ISSA, Mr. JENKINS, MCGOVERN, Mrs. MALONEY, Mr. MARSHALL, WEXLER, Mr. MCCOTTER, Mr. FLAKE, and Mr. Mr. LANTOS, Ms. LEE, Mr. LEWIS of Cali- Mr. MEEKS of New York, Mr. MELANCON, Ms. ISSA. fornia, Ms. ZOE LOFGREN of California, Mr. MILLENDER-MCDONALD, Mr. GEORGE MILLER H.R. 896: Mr. PRICE of North Carolina and MCKEON, Ms. MATSUI, Ms. MILLENDER- of California, Mr. MOORE of Kansas, Ms. Mr. BOSWELL. MCDONALD, Mr. GARY G. MILLER of Cali- MOORE of Wisconsin, Mr. MORAN of Virginia, H.R. 897: Mr. MCNULTY and Mr. BECERRA. fornia, Mr. GEORGE MILLER of California, Mr. NADLER, Mr. NEAL of Massachusetts, Ms. H.R. 916: Mr. MORAN of Kansas, Mr. ISRAEL, Mrs. NAPOLITANO, Mr. NUNES, Mr. DANIEL E. NORTON, Mr. OWENS, Mr. PALLONE, Mr. Ms. HART, Mr. TERRY, Mr. LEACH, Mr. KEN- LUNGREN of California, Mr. PASCRELL, Ms. PASCRELL, Mr. PRICE of North Carolina, Mr. NEDY of Minnesota, Mr. SABO, Mr. DAVIS of PELOSI, Mr. POMBO, Mr. RADANOVICH, Mr. RANGEL, Mr. REYES, Mr. ROSS, Mr. Alabama, Mr. LAHOOD, and Mr. WAXMAN. ROHRABACHER, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, Ms. H.R. 923: Mr. GONZALEZ. ROYCE, Ms. LINDA T. SA´ NCHEZ of California, LINDA T. SA´ NCHEZ of California, Mr. SAND- H.R. 924: Mr. EMANUEL. Ms. LORETTA SANCHEZ of California, Mr. ERS, Mr. SERRANO, Mr. SKELTON, Ms. SLAUGH- H.R. 935: Mr. LEACH. SCHIFF, Mr. SHERMAN, Ms. SOLIS, Mr. STARK, TER, Mr. STUPAK, Mr. THOMPSON of Mis- H.R. 936: Ms. ESHOO. Mrs. TAUSCHER, Mr. THOMAS, Mr. THOMPSON sissippi, Mr. TOWNS, Mr. VAN HOLLEN, Ms. H.R. 939: Ms. KILPATRICK of Michigan, Mr. of California, Ms. WATERS, Mr. WAXMAN, and WATERS, Ms. WATSON, Mr. WATT, Mr. GUTIERREZ, Mr. PALLONE, Ms. EDDIE BERNICE Ms. WOOLSEY. WEINER, Mr. WYNN, Mr. FATTAH, Mr. WU, Mr. JOHNSON of Texas, Mr. GEORGE MILLER of H.R. 25: Mrs. MYRICK. EVANS, Mr. FILNER, Ms. KAPTUR, Mr. DOYLE, California, Ms. WATSON, Mr. HONDA, and Mr. H.R. 28: Mr. INGLIS of South Carolina, Ms. Mr. FRANK of Massachusetts, Mrs. JONES of RANGEL. HOOLEY, and Mr. JOHNSON of Illinois. Ohio, Ms. WOOLSEY, Mr. CASE, Mr. HOLT, and H.R. 968: Ms. KAPTUR, Mr. GREEN of Wis- H.R. 30: Mr. MILLER of Florida and Mr. Mr. MENENDEZ. consin, Mr. SMITH of Washington, Mr. EVANS, FOLEY. H.R. 659: Mr. UDALL of Colorado. Mr. BOYD, Mr. NEAL of Massachusetts, Ms. H.R. 32: Mr. GORDON. H.R. 669: Mr. KILDEE, Mr. ROGERS of Michi- HOOLEY, Mr. BISHOP of Utah, Mr. RYAN of H.R. 37: Mr. PORTER. gan, Mr. MILLER of Florida, Mr. ALEXANDER, Ohio, Mr. HOLDEN, Mr. CHANDLER, Mr. H.R. 64: Mr. ENGLISH of Pennsylvania, Mr. and Mr. JINDAL. FORTUN˜ O, Ms. HERSETH, Mr. CUMMINGS, Ms. DAVIS of Kentucky, Mr. DENT, Mr. DEAL of H.R. 670: Mrs. CAPITO and Mr. GRAVES. WOOLSEY, Mrs. CAPITO, Mr. JONES of North Georgia, and Mr. SHADEGG. H.R. 687: Mrs. JO ANN DAVIS of Virginia. Carolina, Mr. KIND, Mr. BISHOP of Georgia, H.R. 98: Ms. GINNY BROWN-WAITE of Flor- H.R. 691: Mr. BOEHLERT and Mr. DEAL of Mr. MICHAUD, Mr. CONAWAY, and Mr. ida, Mr. DEAL of Georgia, and Mr. ROHR- Georgia. LATOURETTE. ABACHER. H.R. 698: Mr. BILIRAKIS and Mr. WESTMORE- H.R. 975: Mr. MATHESON. H.R. 111: Mr. SCOTT of Georgia, Mr. TAYLOR LAND. H.R. 985: Mr. GREEN of Wisconsin, Mr. of North Carolina, Mrs. CAPITO, Mr. CHOCOLA, H.R. 712: Mr. HERGER. FORBES, Ms. HOOLEY, Mr. MORAN of Virginia, Mr. DAVIS of Alabama, and Mr. WILSON of H.R. 731: Mr. PORTER. Mr. BOREN, Mr. GILLMOR, Ms. GINNY BROWN- South Carolina. H.R. 745: Mr. INGLIS of South Carolina and WAITE of Florida, Mr. MCDERMOTT, Mr. H.R. 135: Mr. ENGEL. Ms. HERSETH. SWEENEY, Mr. MATHESON, Mr. DOGGETT, Mr. H.R. 149: Mr. GUTIERREZ, Mr. OWENS, Mr. H.R. 748: Mr. SHADEGG and Mr. WOLF. DICKS, Mr. REYES, Mr. BROWN of South Caro- GRIJALVA, Mr. TOWNS, Mr. CONYERS, Mr. LIN- H.R. 750: Mr. BARTLETT of Maryland. lina, and Mr. DOYLE. COLN DIAZ-BALART of Florida, Mr. MCGOV- H.R. 762: Mr. FOSSELLA. H.R. 986: Mr. PRICE of North Carolina. ERN, Mr. RANGEL, Ms. SCHAKOWSKY, and Mr. H.R. 763: Mr. FOSSELLA. H.R. 988: Mr. UDALL of Colorado and Mr. GONZALEZ. H.R. 764: Mr. KUHL of New York. MICHAUD.

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H.R. 997: Mr. ROYCE. H.R. 1322: Mr. STARK and Ms. HOOLEY. H. Con. Res. 123: Mr. NADLER and Mr. H.R. 998: Mr. YOUNG of Alaska, Mr. ALEX- H.R. 1335: Mr. TOWNS. MCNULTY. ANDER, Mr. COLE of Oklahoma, Mr. DAVIS of H.R. 1352: Mr. KUHL of New York and Mr. H. Res. 22: Mr. TURNER. Kentucky, Mr. RAHALL, Mr. KING of Iowa, BUTTERFIELD. H. Res. 61: Mr. LEVIN. Ms. DELAURO, and Mr. SPRATT. H.R. 1357: Mr. KING of New York, Mr. MAN- H. Res. 78: Mr. HIGGINS. H.R. 1002: Mr. REYES, Mr. FRANK of Massa- ZULLO, and Mr. LAHOOD. H. Res. 84: Mr. CHOCOLA. chusetts, Mr. HEFLEY, Mrs. JO ANN DAVIS of H.R. 1366: Mr. FOLEY, Mr. TANCREDO, Ms. H. Res. 85: Mr. BARROW, Mr. MARSHALL, Mr. Virginia, Mr. PETERSON of Minnesota, Mr. HOOLEY, and Mr. BRADLEY of New Hamp- HASTINGS of Florida, Mr. BOYD, and Mr. VAN HOLLEN, Mr. DAVIS of Illinois, Ms. shire. PRICE of Georgia. ESHOO, Mr. UDALL of Colorado, Mr. SHAYS, H.R. 1371: Ms. HERSETH. H. Res. 128: Mr. HOLDEN, Mr. BOREN, Mr. Mr. BAIRD, Mr. MENENDEZ, Mr. ENGEL, Ms. H.R. 1389: Mr. CONYERS. SKELTON, and Mr. SAM JOHNSON of Texas. SOLIS, Mr. OLVER, Mr. SANDERS, Mr. BISHOP H.R. 1393: Mr. CONYERS. H. Res. 131: Ms. BORDALLO. H.R. 1400: Mr. PLATTS and Mr. KUHL of New of New York, Mr. MEEHAN, Mr. HIGGINS, Mr. H. Res. 142: Mr. HOLT. York. GORDON, Mr. BLUMENAUER, Mrs. MCCARTHY, H. Res. 150: Mr. SANDERS. H.R. 1405: Mr. MENENDEZ, Mr. MCNULTY, Mr. LYNCH, Mr. FARR, and Mr. GENE GREEN H. Res. 169: Mr. GENE GREEN of Texas. and Mr. ANDREWS. of Texas. H. Res. 172: Ms. ZOE LOFGREN of California. H.R. 1406: Mr. REYES and Mr. BAKER. H. Res. 184: Mr. SMITH of New Jersey, Ms. H.R. 1029: Mr. PETERSON of Minnesota, Ms. H.R. 1417: Mr. RYAN of Wisconsin and Mr. KILPATRICK of Michigan, Mr. WOLF, Mr. MOORE of Wisconsin, Mr. JACKSON of Illinois, CAMP. HOEKSTRA, Mr. SOUDER, Mr. EHLERS, Mr. Mr. ALLEN, and Ms. JACKSON-LEE of Texas. H.R. 1424: Mr. MCDERMOTT, Mr. CROWLEY, H.R. 1056: Mr. BLUMENAUER. TERRY, Mr. FRANKs of Arizona, Mr. BOYD, Mr. ISRAEL, Ms. WATSON, Mr. MICHAUD, Mr. H.R. 1059: Mr. LARSON of Connecticut and Mr. KNOLLENBERG, Mr. LEWIS of California, GRIJALVA, Mr. HONDA, Mr. BROWN of Ohio, Mr. PAYNE. Mr. SIMMONS, Mr. FOLEY, Mr. TIAHRT, Mr. Ms. MCCOLLUM of Minnesota, Mr. MCCOTTER, H.R. 1088: Mr. RAMSTAD, Mr. HAYES, Mr. TURNER, and Mr. HINCHEY. Mr. PALLONE, Mr. MCGOVERN, Mrs. JONES of LATOURETTE, and Mr. BOEHLERT. H. Res. 185: Mr. AL GREEN of Texas. Ohio, Mr. OLVER, Ms. NORTON, Mr. WYNN, Ms. H.R. 1091: Mr. SIMMONS. H. Res. 186: Mr. FALEOMAVAEGA, Mr. KILPATRICK of Michigan, Mr. BERMAN, Mr. H.R. 1095: Mr. REYNOLDS and Mr. MCCAUL MCHUGH, and Mr. RANGEL. GERLACH, Mr. FILNER, Mr. GEORGE MILLER of of Texas. H. Res. 189: Mr. SIMMONS and Mr. MEEKS of California, Mr. BISHOP of Georgia, Mr. HOLT, H.R. 1099: Mrs. MCCARTHY. New York. Mr. CLAY, Mr. PASCRELL, Ms. WOOLSEY, Ms. H.R. 1105: Mr. CLEAVER and Mr. HINOJOSA. f HOOLEY, Mr. FRANKS of Arizona, Mr. WAX- H.R. 1114: Mr. BAKER. PETITIONS, ETC. H.R. 1126: Mr. DEFAZIO, Mr. BROWN of Ohio, MAN, Mr. ABERCROMBIE, Mr. MORAN of Vir- ginia, Mrs. MCCARTHY, and Mr. ALLEN. Mr. FILNER, Mr. CLAY, and Ms. DELAURO. Under clause 3 of rule XII, petitions H.R. 1426: Mr. PRICE of North Carolina, Mr. H.R. 1130: Mr. STARK, Mr. MEEKS of New and papers were laid on the clerk’s WAMP, Mr. JACKSON of Illinois, Mr. LAHOOD, York, Mr. FILNER, and Ms. KILPATRICK of desk and referred as follows: Michigan. Mr. GUTIERREZ, Mr. FRANK of Massachusetts, 13. The SPEAKER presented a petition of H.R. 1131: Mr. BISHOP of New York, Mr. Mr. VAN HOLLEN, Mr. ROGERS of Michigan, the City Council of Seattle, Washington, rel- UDALL of Colorado, Ms. WOOLSEY, Mr. FOLEY, Mrs. BONO, Mr. PASTOR, Mr. OSBORNE, Ms. ative to Resolution No. 30749, opposing the Mr. RAMSTAD, Mr. BACHUS, and Mr. AN- BALDWIN, Mr. GRIJALVA, and Mr. TIERNEY. H.R. 1474: Ms. LINDA T. SA´ NCHEZ of Cali- elimination of the Community Development DREWS. fornia, Mr. MATHESON, Mr. BERRY, Mr. ROG- Block Grant (CDBG) Program, and peti- H.R. 1155: Mr. STARK and Ms. WOOLSEY. tioning the Congress and President of the H.R. 1157: Mr. BARTLETT of Maryland. ERS of Michigan, Mr. STUPAK, Mr. BOSWELL, H.R. 1166: Mr. MCGOVERN. Mr. TANNER, Mr. MCNULTY, Mr. LATHAM, Mr. United States to provide full funding for H.R. 1172: Ms. ROS-LEHTINEN, Ms. LINDA T. POMEROY, and Mr. THOMPSON of Mississippi. housing, economic development and human SA´ NCHEZ of California, and Mr. FILNER. H.R. 1478: Mr. ANDREWS. services programs in the Department of H.R. 1491: Mr. UPTON. H.R. 1176: Mr. RAMSTAD, Mr. WYNN, Mr. Housing and Urban Development; to the H.R. 1498: Mr. SENSENBRENNER, Mr. MAN- CHABOT, Mr. WAMP, Mrs. MUSGRAVE, Mr. Committee on Financial Services. ZULLO, Mr. PETERSON of Minnesota, Mr. OSBORNE, and Mr. HASTINGS of Washington. 14. Also, a petition of the Board of Super- DEFAZIO, Mr. PALLONE, Mr. LATOURETTE, Mr. H.R. 1185: Mr. PRICE of Georgia. visors of Essex County, New York, relative BROWN of Ohio, Mrs. MYRICK, Mr. BERRY, Mr. H.R. 1201: Mr. MILLER of Florida. to Resolution No. 314 petitioning the State H.R. 1204: Mr. PASTOR, Mr. ORTIZ, Mr. TANCREDO, Mrs. JO ANN DAVIS of Virginia, Legislature to increase the HEAP allotments EVANS, Mr. HINCHEY, Mr. SERRANO, and Mr. Mr. GERLACH, Mr. MICHAUD, Mr. INGLIS of for this season due to the rising fuel costs; to JOHNSON of Illinois. South Carolina, Mr. SPRATT, Mr. DUNCAN, the Committee on Energy and Commerce. H.R. 1206: Mr. FOLEY. Mr. STARK, Mr. PASCRELL, Mr. SANDERS, Mr. 15. Also, a petition of the Lithuanian- H.R. 1217: Ms. HOOLEY. STRICKLAND, Mr. SIMMONS, Mr. VISCLOSKY, American Council Branch of Lake County, H.R. 1241: Mr. KELLER, Mrs. EMERSON, and Mr. HAYES, Mr. ISSA, and Mr. ROHRABACHER. Indiana, relative to a Resolution com- Mr. BOEHNER. H.R. 1500: Mr. SESSIONS and Mr. SAXTON. mending the United States Government for H.R. 1508: Mr. MOORE of Kansas. H.R. 1246: Ms. EDDIE BERNICE JOHNSON of monitoring election fairness to preserve in- H.R. 1521: Mr. BERMAN and Mr. MCGOVERN. Texas, Mr. BERMAN, Mr. MCGOVERN, Mr. dividual freedoms; to the Committee on H.J. Res. 10: Mr. BOUSTANY, Mr. HAYWORTH, WEXLER, Mrs. DAVIS of California, Mrs. International Relations. and Mr. FORTENBERRY. DRAKE, Mr. TURNER, Ms. CARSON, Mr. AKIN, 16. Also, a petition of the Board of Super- H.J. Res. 16: Mr. FEENEY, Mr. HOSTETTLER, Mr. BOUCHER, and Mr. NEY. visors of Essex County, New York, relative and Mr. HENSARLING. H.R. 1258: Mr. GENE GREEN of Texas, Mr. to Resolution No. 28 petitioning the New H.J. Res. 27: Mr. TANCREDO, Mr. STUPAK, MCGOVERN, Mr. MCNULTY, Mr. MOLLOHAN, York State Department of Transportation Mr. HOSTETTLER, and Mr. DUNCAN. Mr. RANGEL, Ms. NORTON, Ms. BALDWIN, and and Vermont Department of Transportation H. Con. Res. 11: Mr. BARTLETT of Maryland, Mr. DAVIS of Illinois. to work together to provide for continued Mr. WESTMORELAND, and Mr. NORWOOD. maintenance and repair at the Lake Cham- H.R. 1265: Ms. DEGETTE. H. Con. Res. 12: Mr. BARTLETT of Maryland, H.R. 1266: Ms. DEGETTE. plain Bridge in Crown Point, New York; to Mr. WESTMORELAND, and Mr. NORWOOD. the Committee on Transportation and Infra- H.R. 1277: Mr. OLVER. H. Con. Res. 38: Mrs. DRAKE. structure. H.R. 1278: Mr. DINGELL. H. Con. Res. 41: Ms. WOOLSEY, Mr. BECER- H.R. 1287: Mr. RUSH, Mr. JOHNSON of Illi- RA, Mr. WAXMAN, and Ms. LORETTA SANCHEZ f nois, and Mr. EMANUEL. of California. AMENDMENTS H.R. 1288: Mr. ORTIZ, Mr. EDWARDS, Mr. H. Con. Res. 69: Mr. BURTON of Indiana. BARRETT of South Carolina, Mr. PRICE of H. Con. Res. 81: Mr. WILSON of South Caro- Under clause 8 of rule XVIII, pro- Georgia, Mr. EVERETT, Mr. HULSHOF, Mr. lina. posed amendments were submitted as BRADLEY of New Hampshire, Mr. MCCAUL of H. Con. Res. 85: Mr. PRICE of North Caro- follows: Texas, Mr. NORWOOD, Mr. GARRETT of New lina, Mr. ALLEN, Mr. AL GREEN of Texas, Ms. S. 256 Jersey, Mr. BOEHLERT, Mr. SWEENEY, and Mr. MCCOLLUM of Minnesota, Mrs. DRAKE, and YOUNG of Alaska. Mr. BOOZMAN. OFFERED BY: MR. EMANUEL H.R. 1290: Mr. RANGEL. H. Con. Res. 99: Ms. BALDWIN. AMENDMENT NO. 1: Page 507, line 6, strike H.R. 1298: Mr. BEAUPREZ, Mr. DICKS, and H. Con. Res. 102: Mr. PALLONE and Mr. BER- the close quotation marks and the period at Mr. SMITH of Washington. MAN. the end. H.R. 1306: Mr. KOLBE, Mr. MCDERMOTT, Mr. H. Con. Res. 107: Mr. DAVIS of Alabama, CALVERT, Mr. FOLEY, Mr. LAHOOD, Mr. PUT- and Mr. GARY G. MILLER of California. Page 507, after line 6, insert the following: NAM, Mr. PAUL, Mrs. DRAKE, Mr. CULBERSON, H. Con. Res. 108: Mr. FRANK of Massachu- Mr. UPTON, Mr. KILDEE, Mr. KIND, Mr. SIM- setts, Mrs. LOWEY, Mr. BISHOP of Georgia, ‘‘(f)(1) The trustee may avoid a transfer of MONS, Mr. YOUNG of Alaska, Ms. HARRIS, and Mr. BERMAN, Mr. HIGGINS, Mr. DAVIS of Ala- an interest of the debtor in property made by Mrs. MILLER of Michigan. bama, Mr. BAIRD, Ms. SCHAKOWSKY, and Mrs. an individual debtor within 10 years before H.R. 1308: Mr. PITTS and Mr. GINGREY. CAPPS. the date of the filing of the petition to an

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H1898 CONGRESSIONAL RECORD — HOUSE April 12, 2005 asset protection trust if the amount of the has a direct or indirect beneficial interest or ‘‘(A) Retirement funds to the extent that transfer or the aggregate amount of all under which the trustee may distribute prop- those funds are in a fund or account that is transfers to the asset protection trust within erty to or for the benefit of the debtor, and exempt from taxation under section 401, 403, such 10-year period exceeds $125,000, to the as to which a restriction on the voluntary or 408, 408A, 414, 457, or 501(a) of the Internal extent that the debtor’s beneficial interest involuntary transfer of the debtor’s bene- Revenue Code of 1986. in the trust does not become property of the ficial interest in the trust is enforceable ‘‘(B) Charitable trusts. estate by reason of section 541(c)(2). under applicable nonbankruptcy law. For ‘‘(C) Qualified trusts under section 529 of ‘‘(2) An asset protection trust is a trust purposes of this subsection, the following are the Internal Revenue Code of 1986, and other settled by the debtor, in which the debtor not asset protection trusts: educational trusts, funds, or accounts.’’.

VerDate Aug 31 2005 05:46 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H12AP5.REC H12AP5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, APRIL 12, 2005 No. 42 Senate The Senate met at 9:45 a.m. and was PLEDGE OF ALLEGIANCE the supplemental. This will allow called to order by the Honorable DAVID The Honorable DAVID VITTER led the Chairman COCHRAN and Senator BYRD VITTER, a Senator from the State of Pledge of Allegiance, as follows: to facilitate the amendment process. Louisiana. Yesterday, I mentioned the impor- The PRESIDING OFFICER. Today, I pledge allegiance to the Flag of the tance and the timeliness of this legisla- United States of America, and to the Repub- we will be led in a prayer by our guest lic for which it stands, one nation under God, tion, and I hope Members will take Chaplain, Rabbi Jehiel Orenstein, of indivisible, with liberty and justice for all. that into consideration as they con- Congregation Beth El, South Orange, template amendments. We would like NJ. f to finish this bill which provides fund- APPOINTMENT OF ACTING ing for our troops as quickly as we can. PRAYER PRESIDENT PRO TEMPORE Also, today we will have our respec- The guest Chaplain offered the fol- tive policy luncheons and will recess lowing prayer: The PRESIDING OFFICER. The from 12:30 p.m. to 2:15 p.m. to accom- Our G-d and G-d of our ancestors, clerk will please read a communication modate those meetings. who shall stand in G-d’s holy place? to the Senate from the President pro Mr. President, at this juncture I will The Psalmist answers, ‘‘One who has tempore (Mr. STEVENS). yield to my colleagues for their brief clean hands and a pure heart who has The legislative clerk read the fol- statements and recognition of our not used G-d’s name in false oaths.’’ lowing letter: guest Chaplain today, and then I will Almighty Legislator of our lives, our U.S. SENATE, have a brief opening statement. hopes, our dreams, as legislators, one PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- may sometimes despair and say, ‘‘Who Washington, DC, April 12, 2005. pore. The Senator from New Jersey, To the Senate: can stand in G-d’s place?’’ After all, we Mr. LAUTENBERG, is recognized. Under the provisions of rule I, paragraph 3, are human, limited. What a vast dis- of the Standing Rules of the Senate, I hereby f tance between us and the Creator of appoint the Honorable DAVID VITTER, a Sen- THE GUEST CHAPLAIN the laws of the universe. ator from the State of Louisiana, to perform And yet, the Psalmist gives us hope. the duties of the Chair. Mr. LAUTENBERG. Mr. President, If you want our law to reflect ultimate TED STEVENS, this is a very welcome moment for me law, ‘‘Start,’’ says the Psalmist, ‘‘with President pro tempore. because I have known Rabbi Orenstein clean hands and a pure heart.’’ No wor- Mr. VITTER thereupon assumed the personally for many years. Members of thy law has ever emanated from this Chair as Acting President pro tempore. my family have worshiped at his syna- place that was not first and foremost gogue, the Congregation Beth El in f ethical. South Orange. I have worshiped with And then the Psalmist asks us to re- RECOGNITION OF THE MAJORITY him for 35 years. member our vow, a vow given to the LEADER Rabbi Orenstein is going to be retir- Ultimate Legislator and to the Amer- ing from Congregation Beth El very The ACTING PRESIDENT pro tem- ican people, to hold fast to our vow no shortly. He and his lovely wife Sylvia pore. The majority leader is recog- matter how great the pressure. are going to be honored for their many On this Tuesday in April 2005, may nized. years of service, and it is going to be there be a sense of spring and renewal. f done next month. Let us bridge the distance between the Rabbi Orenstein is a distinguished SCHEDULE law of the human beings and the law of scholar. He has a master’s degree in the Creator of the universe. Mr. FRIST. Mr. President, this morn- Judaica and was ordained as rabbi at Rabbi Akivah taught, ‘‘The greatest ing, following the 1 hour which is des- the Jewish Theological Seminary of of G-d’s law is, ‘Love thy neighbor as ignated for morning business, the Sen- America where he also received a doc- thyself.’ (Leviticus 19:18).’’ May this ate will resume consideration of H.R. torate of divinity. Senate, may this Congress, may this 1268, the emergency supplemental ap- He has completed course work for a people come ever closer through our propriations bill. I anticipate amend- Ph.D. in linguistics at New York Uni- laws to the ultimate law of love. May ments being offered over the course of versity. The rabbi has always inspired you be blessed in your work, and may the day. Therefore, Senators can ex- education and learning in his congrega- that work make you, and through you, pect rollcall votes throughout the day. tion and has held interesting meetings all of America, a home that reflects I again ask Members to contact their for the congregation over the years. He G-d’s love on this Earth, and let us all respective cloakrooms if they intend to traveled to Russia on four separate oc- say, Amen. offer an amendment or amendments to casions to meet and teach refuseniks.

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

S3441

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VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.000 S12PT1 S3442 CONGRESSIONAL RECORD — SENATE April 12, 2005 Also, during his career, he served as utes, with the first half of the time annual tally had more than doubled to a chaplain at Lackland Air Force Base under the control of the Democratic 58,000 new cases. Until Jonas Salk’s in Texas and St. Alban’s Naval Hos- leader or his designee, and the second historic breakthrough, polio was one of pital, and he is now a chaplain for the half of the time under the control of the most dread diseases in the world. New Jersey State police. the majority leader or his designee. Indeed, the development of the polio I have a personal message for Rabbi The majority leader is recognized. vaccine has been compared to the Moon Orenstein, and that is, as he con- Mr. FRIST. Mr. President, I will landing. templates retirement—I speak as one speak on leader time. Today, polio has been nearly eradi- who knows; I tried retirement, and I f cated from the globe. Worldwide, only did not like it. I am not recommending 50TH ANNIVERSARY OF THE POLIO six countries are still significantly af- anything differently for you, but I VACCINE flicted. In 1988, there were 350,000 cases know with your active mind and your worldwide. In 2003, that number was social conscience you are going to be Mr. FRIST. Mr. President, today down to only 784 new cases. The World marks the 50th anniversary of the in- doing lots of things that continue to Health Organization is confident they troduction of the polio vaccine. On benefit the community, and I expect will eradicate polio from the face of April 12, 1955, Americans across the you will be spending a lot of time with the globe by the end of the year. country cheered the news that Dr. your six grandchildren. We wish all of One gentleman who has been instru- Jonas Salk and his team of researchers you well. mental in the drive to eliminate polio had developed a vaccine that was ‘‘safe, The rabbi’s daughter Debra is also a is Tennessee’s own William Sergeant, effective, and potent.’’ One of man- rabbi, and she serves at a synagogue in chairman of the International kind’s most ancient enemies going as Los Angeles. She has authored a book PolioPlus Committee. The 86-year-old far back as ancient Egypt would finally on Jewish rituals for women. Rabbi has dedicated over 40 years fighting the be vanquished. It was truly a water- Orenstein is justifiably proud of his spread of the disease. In 1998, he was shed in American history, launching an family, his daughter, and his other two the first recipient of the Hannah Neil era of unprecedented vaccine develop- children, one of whom is a professor at World of Children Award. ment. Today, the Smithsonian’s National the Law School of Indiana, and his son Today, vaccines protect children Museum of American History will cele- Raphael, who is soon to be a doctor. from more than 12 vaccine-preventable brate the vaccine’s 50th anniversary. I know the 575 families at Congrega- diseases, reducing disease rates by as tion Beth El will miss Rabbi Orenstein. much as 99 percent in the United Dr. Salk’s youngest son and FDR’s I make the plea here: Do not take this States. granddaughter will be in attendance. retirement too seriously. Stay active; It is hard for today’s generation to Together they will help launch the be available to the community. We imagine the fear and the panic that Smithsonian’s monthlong exhibition wish you well. It has been my honor gripped the Nation every summer in on the rise and fall of polio and the he- and pleasure to know you well for so the first decades of the 20th century. roic efforts of Dr. Salk, and people such many years. I look forward to our con- Everyone was at risk—young and old, as Mr. Sergeant who worked tirelessly tact continuing. rich and poor. At the first signs of ill- to defeat the disease. Mr. President, I yield the floor. ness, swimming pools were closed and As we celebrate polio’s final retreat The ACTING PRESIDENT pro tem- drained, movie theaters were pad- from human history, we must be ever pore. The Senator from New Jersey, locked shut, mothers cloistered their vigilant and aware of the new threats Mr. CORZINE, is recognized. children for the duration, as everyone that are taking place today. HIV/AIDS, Mr. CORZINE. Mr. President, it is waited for that anxious cloud to pass. SARS, West Nile virus, avian flu, and also my honor to bestow my congratu- Some polio victims died. Others were most recently the Marburg virus are lations on Rabbi Orenstein for his 35 debilitated for life. The 1916 polio epi- among the emerging dangers in the years of service to Congregation Beth demic alone killed 6,000 Americans and 21st century. Currently, Angola is suf- El and a lifetime of service to commu- paralyzed another 27,000. fering the most severe Marburg out- nity and mankind. Polio’s most famous victim was, of break in recorded history. As of yester- His words this morning about love course, Franklin Delano Roosevelt, day, the virus has killed 193 victims in and our responsibility to our commu- who contracted the virus at the age of 1 month. nities and attention, which is dem- 39 while on vacation. As America would Marburg, which is a variant, a cous- onstrated both by his family and the later learn, the disease permanently in, of the Ebola virus, is spread by bod- Congregation Beth El, are testimony to paralyzed the future President. ily fluids, by things as small as little a human being who has a heart that re- Even now, half of the 1 million polio beads of sweat. Nine out of 10 people flects that love in his everyday life. survivors today suffer residual bouts of who contract the disease die typically Senator LAUTENBERG has gone illness. Deborah Cunningham of Nash- within a week. The virus has an incu- through his resume, but the real issue ville, TN, recalls her childhood strug- bation of 5 to 10 days. The victim then of a man’s life is what he has done for gle with the vicious disease. It was suffers a sudden onset of fever, chills, others, and no one has contributed 1951. She was only 6 years old. She had and muscle aches. These symptoms more to his community or reached out just begun the first grade when one quickly escalate to nausea, vomiting, to lift up his fellow man than Rabbi morning she woke up with a severe chest tightness, and abdominal pain, Orenstein. headache. As she tried to walk across ultimately leading to organ failure and I am honored that he was able to her bedroom to get dressed for school, death. There is no cure and there is no open this morning’s session, but I am she collapsed on the floor. effective vaccine. also honored to have him as a friend. Her parents rushed her to the local Scientists do not know the source of Thank you very much for being here. hospital where doctors examined her. the virus or how it is initially trans- I yield the floor. They asked her to try to lift her legs. mitted into the human population. It is one plane ride away from the United f As she told a newspaper, the Commer- cial Appeal: ‘‘I didn’t know why they States of America. There is no cure and RESERVATION OF LEADER TIME gave me such funny looks.’’ there is no vaccine. At this very mo- The ACTING PRESIDENT pro tem- She thought she had done as they ment, international health workers in pore. Under the previous order, the said but, in fact, neither of her legs Angola are working feverishly to con- leadership time is reserved. moved an inch. Deborah spent the next tain its spread. The epidemic is ex- f month in isolation, unable to speak or pected to last up to 3 months. to eat solid foods. She was then moved Meanwhile, there is avian flu. We MORNING BUSINESS to a ward for children with polio for 8 continue to receive disturbing reports The ACTING PRESIDENT pro tem- months where she spent the first 3 on the avian flu outbreaks in Asia. Al- pore. Under the previous order, there months encased in an iron lung. ready 50 people have died. Experts warn will now be a period for the transaction In 1946, there were 25,000 cases of that the virus may mutate into a more of morning business for up to 60 min- polio across the country. By 1952, the lethal and more transmissible form,

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.002 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3443 potentially unleashing a worldwide flu network, and we have to do everything pos- the consensus and approval of this epidemic. If we do not address this sible to protect the health of children here body. The fact that the Senate reached threat now, tens of millions of people within our country, as well as beyond. consensus on 205 of the President’s 215 could die as a result, and we are dan- We have come a long way since the judicial nominations over the past 4 gerously behind. famed Ernest William Goodpasture years demonstrates the willingness, in- The flu vaccine shortage last winter helped pioneer the development of vac- deed the strong desire, of the majority underscores the fragility of our vaccine cines. His work at Vanderbilt Univer- and minority in the Senate to achieve supply in this country and indeed sity helped create the vaccines that this consensus. around the world. It underscores our protect us from chickenpox, smallpox, Let me repeat that statistic one need to bolster Federal and State pre- yellow fever, typhus, Rocky Mountain more time: 205 of the 215 nominations paredness whether in the event of a fever, and many other viral diseases. I of President Bush have been confirmed bioterror attack or emerging infectious am confident that we possess the inge- by this body. That is a 95-percent con- disease. We have had this discussion nuity. America has been the engine of firmation approval rating. When there before. We need to take action. countless lifesaving discoveries and is that kind of approval of the Presi- There are now only five major vac- global health efforts. Now it is time for dent’s nominees, this body is doing its cine manufacturers worldwide that us to demonstrate our resolve once job and not being, as some people have have production facilities in the United again for the safety of our fellow citi- suggested, an obstructionist body. States. That is for all vaccines. Only zens and millions of people around the Judge Crotty is an example of the two are U.S. companies. Over the past globe. way judicial nominations should be 2 decades, the number of manufactur- I yield the floor. pursued in order to be successful under ers that made vaccines for children has The ACTING PRESIDENT pro tem- our Constitution. His nomination re- dwindled from 12 now down to 4. Only pore. The Senator from Delaware is sulted first from consultations and two of the four manufacturers that recognized. then from an agreement among Sen- make lifesaving vaccines for children Mr. CARPER. Mr. President, we have ator SCHUMER, Governor Pataki of New are in the United States of America. been joined this morning by the Sen- York, and the White House. That kind Early this year, Republican leader- ator from Colorado, and I yield to him of collaborative consensus approach to ship unveiled the Protecting America such time as he may consume. making sure there are no problems in the War on Terror Act of 2005. This The ACTING PRESIDENT pro tem- with the confirmation of judges who legislation contains critical new provi- pore. The Senator from Colorado is rec- are nominated by the White House is sions to strengthen our public health ognized. exactly what ought to be pursued in infrastructure, stabilize the vaccine in- f other judicial vacancies that occur in our country. dustry, and encourage advanced re- JUDICIAL CONFIRMATION Partisanship in this particular ap- search and development. It encourages PROCESS the development of countermeasures pointment played no role whatsoever, against a biological, radiological, or Mr. SALAZAR. Mr. President, I and it should play no role. Judge nuclear attack as well as emerging in- thank the great and wonderful Senator Crotty was a consensus choice, a nomi- fectious diseases. It does not address from Delaware for yielding me the nee without extreme ideologies or any routine childhood immunizations. time. troubling factors in his background. This legislation incorporates rec- I rise to speak briefly about the bi- Judge Crotty’s qualifications to sit in ommendations from top health offi- partisan action taken by the Senate judgment of others were apparent to cials, industry experts, and infectious yesterday when it confirmed the nomi- all Senators, Democrats and Repub- disease specialists. I urge my col- nation of Paul Crotty to be U.S. dis- licans alike. leagues to support these long overdue trict judge for the southern district of Our duty runs to all the people of our measures to keep America safe. New York. Nation, whether they are Republicans, I am gratified by my colleagues’ ef- I commend my colleagues for their Democrats, Independents, or something forts in the House to press this public willingness to put aside their partisan else. At the end of the day, I plead with safety issue. Indeed, in a few minutes differences and to make sure that the my colleagues in this Chamber, which the House Subcommittee on Labor, judicial confirmation process worked has been so much a part of our con- Health and Human Services, Education in the case of Judge Crotty. I commend stitutional history, to avoid moving and Related Agencies is holding a hear- them for acting so obviously for the forward with the so-called nuclear op- ing on pandemic preparedness and in- good of the American people. tion that has the potential of shutting fluenza vaccine supply. Officials from Even more importantly, it is my down the work of this body on behalf of the CDC, NAID, and the Office of the hope that this example will prove to be the people of the United States. Secretary of Health and Human Serv- an enduring one for all of us as we At the end of the day, I suggest to ices will offer testimony this morning move forward with the subject of judi- the President of the United States and on the status of our public health secu- cial nominations in the future. Our to our leadership in this body that rity. duty to evaluate Presidential judicial there are issues which are of much We cannot afford to be complacent. nominations and to confirm or reject greater importance for all of us to Experts tell us that the emergence of nominees is a particularly solemn obli- work on on behalf of the people. The the worldwide flu pandemic is not a gation under our Constitution. Our 871 people’s work should be about having a mere possibility but an all too fright- article III Federal judges hold posi- national and homeland security pro- ening probability. Millions of lives tions of great respect and great power. gram that works to protect our home- could be lost if we fail to act. We must They put criminals in jail. They decide land and protect our Nation. The peo- continue to search for preventions and our most important private disputes ple’s business should be about making cures to the new diseases on the hori- and they explain what our laws mean. sure that we pass energy legislation zon. Our constitutional duty to evaluate ju- that addresses our overdependence on Most recently, thanks to the success dicial nominees is doubly important foreign oil today. The people’s business of U.S. immunization efforts, the Cen- because judges are appointed for life. If should be about how we deal with the ters for Disease Control and Prevention we make a mistake, our country is problem of health care which is stran- announced that rubella is no longer a stuck with a bad judge for years and gling so many Americans and so many major health threat in the United sometimes decades. businesses across our country. States. However, Dr. Julie Gerberding, On March 1, 2005, I sent a letter to There are so many issues that are director of the CDC, stresses: President George Bush concerning judi- important to take care of the people’s cial nominations. I respectfully sug- business that we ought not allow our- We have to remain vigilant because, as we say in public health, our network is only as gested to the President that there are selves to get into the distractive ave- strong as the weakest link . . . [We] have to many well-qualified candidates to nue of dealing with the controversial sustain our commitment to immunization. serve on the Federal bench, men and issue of the few judges who historically We have to strengthen all of the links in the women who unquestionably would gain have been rejected by the Senate. I

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.005 S12PT1 S3444 CONGRESSIONAL RECORD — SENATE April 12, 2005 suggest to all of my colleagues that it White House memo that was leaked a nedy, a Ronald Reagan appointee, should be is important we move forward in the few weeks ago discloses that they impeached, or worse. collaborative, cooperative approach would change the index by which peo- Phyllis Schlafly, doyenne of American con- servatism, said Kennedy’s opinion forbidding that was taken in the nomination and ple are paid Social Security benefits. capital punishment for juveniles ‘‘is a good in the confirmation of Judge Crotty to That index decides what increase will ground of impeachment.’’ To cheers and ap- be a Federal district judge for the come each year in Social Security. The plause from those gathered at a downtown State of New York. President would reduce that index, so Marriott for a conference on ‘‘Confronting I yield the floor and I suggest the ab- you would find in 10 or 20 years that re- the Judicial War on Faith,’’ Schlafly said sence of a quorum. tirees in America would get 40 percent that Kennedy had not met the ‘‘good behav- The ACTING PRESIDENT pro tem- less when it comes to their Social Se- ior’’ requirement for office and that ‘‘Con- gress ought to talk about impeachment.’’ pore. The clerk will call the roll. curity benefits. That would drive many Next, Michael P. Farris, chairman of the The assistant legislative clerk pro- seniors, who have paid into Social Se- Home School Legal Defense Association, said ceeded to call the roll. curity for a lifetime, into a position Kennedy ‘‘should be the poster boy for im- Mr. DURBIN. Mr. President, I ask where they would be below the poverty peachment’’ for citing international norms unanimous consent the order for the line. So the second aspect of President in his opinions. ‘‘If our congressmen and sen- quorum call be rescinded. Bush’s privatization plan is not only ators do not have the courage to impeach The ACTING PRESIDENT pro tem- that it does not strengthen Social Se- and remove from office Justice Kennedy, they ought to be impeached as well.’’ pore. Without objection, it is so or- curity, but there are dramatic benefit Not to be outdone, lawyer-author Edwin dered. cuts to those who have paid a lifetime Vieira told the gathering that Kennedy Mr. DURBIN. Mr. President, would into Social Security, driving more sen- should be impeached because his philosophy, you inform me how much time is re- iors into poverty, making them vulner- evidenced in his opinion striking down an maining in morning business on the able to a life that is much different anti-sodomy statute, ‘‘upholds Marxist, Len- Democratic side? than they had anticipated as they went inist, satanic principles drawn from foreign The ACTING PRESIDENT pro tem- law.’’ to work every day and paid into Social Ominously, Vieira continued by saying his pore. There remains 17 minutes 24 sec- Security. ‘‘bottom line’’ for dealing with the Supreme onds. The final point is one of the more im- Court comes from Joseph Stalin. ‘‘He had a f portant ones as well. President Bush’s slogan, and it worked very well for him, whenever he ran into difficulty: ‘no man, no CONSIDERATION OF TIMELY privatization of Social Security is going to add dramatically to America’s problem,’’’ Vieira said. ISSUES The full Stalin quote, for those who don’t national debt. In fact, the estimates recognize it, is ‘‘Death solves all problems: Mr. DURBIN. Mr. President, I rise in from the President’s own agencies say morning business to speak to several no man, no problem.’’ Presumably, Vieira that this plan of his to privatize will had in mind something less extreme than issues which I believe are timely in the add $2 trillion to $5 trillion to the na- Stalin did and was not actually advocating consideration of the business of the tional debt. That is a dramatic in- violence. But then, these are scary times for Senate. crease in the mortgage of America that the judiciary. An anti-judge furor may help We are still in this national debate our children will have to pay off. Who confirm President Bush’s judicial nominees, relative to Social Security. President but it also has the potential to turn ugly. will hold the mortgage of America? A judge in Atlanta and the husband and Bush has proposed a plan to privatize Right now, the people holding the and change Social Security, creating mother of a judge in Chicago were murdered mortgage happen to be Japan, China, in recent weeks. After federal courts spurned the possibility of so-called personal ac- Taiwan, Korea, OPEC. So we will find a request from Congress to revisit the Terri counts. The President has taken this ourselves more in debt to those who Schiavo case, House Majority leader Tom message on the road, saying that he are financing America’s national def- Delay (R–Tex.) said that ‘‘the time will come would visit 60 cities in 60 days to talk icit, and our children will have to pay for the men responsible for this to answer for about this issue. What we found is a re- their behavior.’’ Sen. John Cornyn (R–Tex.) them off. We will have to dance to mused about how a perception that judges action across America opposed to the their tune. If they lose confidence in President’s proposal. are making political decisions could lead the American dollar, we will have to people to ‘‘engage in violence.’’ What we find is when the people of raise interest rates in order to entice ‘‘The people who have been speaking out this country hear the details of Presi- them to buy our debt. Raising interest on this, like Tom DeLay and Senator dent Bush’s privatization plan, they rates to lure China and Japan onto our Cornyn, need to be backed up,’’ Schlafly said are very skeptical. The reason is obvi- side means raising interest rates at to applause yesterday. One worker at the ous. Even the President concedes that event wore a sticker declaring ‘‘Hooray for home. DeLay.’’ his privatization plan for Social Secu- So President Bush’s privatization rity will not strengthen Social Secu- The conference was organized during the plan on Social Security has run into a height of the Schiavo controversy by a new rity. Today, left untouched, the Social firestorm of criticism. It is a plan group, the Judeo-Christian Council for Con- Security Program would, for the next which does not strengthen Social Secu- stitutional Restoration. This was no collec- 36 or 37 years at a minimum, make rity; it threatens massive benefit cuts tion of fringe characters. The two-day pro- every payment to every retiree every and adds dramatically to our national gram listed two House members; aides to two year with a cost-of-living increase. senators; representatives from the Family debt. Research Council and Concerned Women for If the President had his way and I see my colleague from Delaware is privatized Social Security, we have America; conservative activists Alan Keyes on the floor, so I will speak very brief- and Morton C. Blackwell; the lawyer for asked how much longer would the So- ly. Terri Schiavo’s parents; Alabama’s ‘‘Ten cial Security plan last. The answer is it I ask unanimous consent to have Commandments’’ judge, Roy Moore; and would not only not extend the life of printed in the RECORD an article from DeLay, who canceled to attend the pope’s fu- Social Security, it would shorten the the Washington Post of April 9. neral. life of Social Security because the The Schlafly session’s moderator, Richard There being no objection, the mate- Lessner of the American Conservative Union, President’s plan is to reach into the rial was ordered to be printed in the Social Security trust fund to take out opened the discussion by decrying a ‘‘radical RECORD, as follows: secularist relativist judiciary.’’ It turned money that could be invested in the [From the Washington Post, Apr. 9, 2005] more harsh from there. stock market. As you take money out Schlafly called for passage of a quartet of AND THE VERDICT ON JUSTICE KENNEDY IS: of the trust fund, there is less money, bills in Congress that would remove courts’ GUILTY obviously, to pay retirees. So the power to review religious displays, the President’s approach is going to weak- (By Dana Milbank) Pledge of Allegiance, same-sex marriage and en Social Security, not strengthen it. Supreme Court Justice Anthony M. Ken- the Boy Scouts. Her speech brought a subtle Second, the President’s approach in- nedy is a fairly accomplished jurist, but he change in the argument against the courts might want to get himself a good lawyer— from emphasizing ‘‘activist’’ judges—it was, volves dramatic cuts in benefits for and perhaps a few more bodyguards. after all, inaction by federal judges that senior citizens. If you take the money Conservative leaders meeting in Wash- doomed Schiavo—to ‘‘supremacist’’ judges. out of the Social Security trust fund, ington yesterday for a discussion of ‘‘Rem- ‘‘The Constitution is not what the Supreme there is less to pay. The President’s edies to Judicial Tyranny’’ decided that Ken- Court says it is,’’ Schlafly asserted.

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.006 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3445 Former representative William Danne- lican right is clear evidence that what of putting up with a king of England meyer (R–Calif.) followed Schlafly, saying we have heard from Congressman TOM for a number of years. They did not the country’s ‘‘principal problem’’ is not Iraq DELAY in the House of Representa- want to create a king or someone of or the federal budget but whether ‘‘we as a people acknowledge that God exists.’’ tives, and from even Members in our royalty in this country to be our lead- Farris then told the crowd he is ‘‘sick and own Chamber, represents a departure er. Our Founding Fathers worked dili- tired of having to lobby people I helped get from the line of civility which we have gently in any number of ways to create elected.’’ A better-educated citizenry, he refused to assault or cross when it checks and balances to ensure that we said, would know that ‘‘Medicare is a bad comes to dealing with the separate didn’t end up with a king but ended up idea’’ and that ‘‘Social Security is a horrible branches of Government. with a President. Among the checks idea when run by the government.’’ Farris There is no doubt that decisions are and balances they incorporated into said he would block judicial power by abol- ishing the concept of binding judicial prece- handed down by Federal courts across our Constitution is one that deals with dents, by allowing Congress to vacate court America on a daily basis with which I the selection of our judges. We all decisions, and by impeaching judges such as personally disagree and find abhorrent. know how Presidents nominate and the Kennedy, who seems to have replaced Justice But to suggest retribution against Senate confirms or does not confirm David H. Souter as the target of conservative judges—first from Schlafly that it nominees to lifetime appointments to ire. ‘‘If about 40 of them get impeached, sud- should involve impeachment and then the Federal bench. denly a lot of these guys would be retiring,’’ from Mr. Vieira that it should go fur- Twice in our Nation’s history we he said. ther—suggests an assault on the inde- have seen instances where a President Vieira, a constitutional lawyer who wrote ‘‘How to Dethrone the Imperial Judiciary,’’ pendence of the judiciary about which sought to stack the courts. Both were escalated the charges, saying a Politburo of every American should be concerned. Democrats. One was Thomas Jefferson ‘‘five people on the Supreme Court’’ has a When the men and women who don at the beginning of his second term as ‘‘revolutionary agenda’’ rooted in foreign these robes for lifetime appointments President, and a second was FDR at the law and situational ethics. Vieira, his eye- have the courage to rule in cases, even beginning of his second term as Presi- glasses strapped to his head with black elas- in controversial cases, they should not dent. Both times, both Presidents, both tic, decried the ‘‘primordial illogic’’ of the feel they are going to be threatened on Democrats, were rebuffed. Today, courts. ’ Invoking Stalin, Vieira delivered the ‘‘no a regular basis by Members of Congress Democrats no longer reside in the man, no problem’’ line twice for emphasis. or by those in political parties who White House. Today, the Republicans ‘‘This is not a structural problem we have; happen to see things differently. are in the majority here in the Senate this is a problem of personnel,’’ he said. ‘‘We We know how this can reach an ex- and in the House of Representatives. are in this mess because we have the wrong treme. We have seen it happen. In my With the election of last November, people as judges.’’ home State of Illinois, the family of President Bush is in a position to see A court spokeswoman declined to com- one of our outstanding Federal jurists much—not all, but a good deal—of his ment. was assaulted, and two of them were legislative agenda approved; perhaps Mr. DURBIN. Mr. President, if you murdered. This type of reaction shows modified but ultimately approved. He want to know the extremes which are that when you give comfort to this is also in a position to leave an even being reached in the debate on the role crazed mindset, it can have disastrous more enduring legacy through his nom- of judges in America, read this article. results. The people who sponsored this ination of hundreds of judges in the There was a meeting in Washington, conference should be embarrassed that Federal courts of almost every State. DC, of some of the more conservative they came together and suggested this In President Bush’s first term, he nom- groups on the Republican side. These kind of action against Federal judges. inated over 200 men and women to the conservative leaders met to discuss It is time to put an end to this. We Federal bench, and 215 nominees were ‘‘Remedies to Judicial Tyranny.’’ need to have an independent judiciary actually debated here on the Senate They decided that Supreme Court in touch with the ordinary lives of floor, and 205 were approved. That is an Justice Anthony Kennedy—a Ronald American citizens, in touch with the approval rate of about 95 percent. Of Reagan appointee, I might add—should value of our families. But we always the 10 who were not approved, our side be impeached. should stand and defend the independ- would say they were simply out of the Phyllis Schlafly [originally from my home ence of our judiciary and the integrity mainstream. State of Illinois] said [that Justice] Ken- of the men and women who serve in As the 108th Congress concluded last nedy’s opinion forbidding capital punish- year, the vacancy rate stood at the ment for juveniles ‘‘is a good ground of im- that branch. peachment.’’ To cheers and applause from I yield the floor. lowest, I believe, since the Reagan era. those gathered at a downtown Marriott for a The ACTING PRESIDENT pro tem- How did that compare with the Clinton conference on ‘‘Confronting the Judicial War pore. The Senator from Delaware is era? In President Clinton’s time as on Faith,’’ Schlafly said that Kennedy had recognized. President for 8 years, 81 percent of his not met the ‘‘good behavior’’ requirement for f Federal nominees were approved, as office and that ‘‘Congress ought to talk compared to 95 percent of President about impeachment.’’ THE JUDICIARY Bush’s in the last 4 years. It is kind of Unfortunately, hers was not the most Mr. CARPER. Mr. President, yester- an irony, at least to me, that 81 per- incendiary quote. A gentleman by the day I was in my State capital, Dover, cent for President Clinton was enough, name of Edwin Vieira, a lawyer-author, DE, before I came down here. I was a it was OK, but 95 percent for President the article goes on to say: short distance from a place called the Bush is unacceptable. . . . not to be outdone . . . told the gathering Golden Fleece Tavern. It no longer ex- While our Republican friends are pre- that Justice Kennedy should be impeached ists, but it was the site of the place pared to change the rules of the Senate because his philosophy, evidenced in his where Delaware became the first State in an effort to make it a lot easier to opinion striking down an anti-sodomy stat- to ratify the Constitution. They did confirm Federal judges, and are poised, ute, ‘‘upholds Marxist, Leninist, satanic principles drawn from foreign law.’’ that on December 7, 1787. That action I am told, to turn some 200 years of Ominously, Vieira continued by saying his took place a couple of months after a precedent on its head because 95 per- ‘‘bottom line’’ for dealing with the Supreme Constitutional Convention about 75 cent may not be enough, I think to do Court comes from Joseph Stalin. miles up the road in Philadelphia. so would be a mistake. I am quoting Mr. Vieira: Some of my colleagues may recall We have a chance to pass not only He [Stalin] had a slogan, and it worked that one of the last issues resolved at class action legislation, but we have a very well for him, whenever he ran into dif- the time of the Constitutional Conven- chance to pass bankruptcy legislation, ficulty: ’no man, no problem,’’’ Vieira said. tion was the question of how they were asbestos litigation reform, a com- The Washing Post goes on to say: going to select these judges, the third prehensive energy policy, restructuring The full Stalin quote [this is what Stalin branch of our Government. How do we of the postal system for the 21st cen- really said] . . . is ‘‘Death solves all prob- select these judges? There were some tury, and on and on. This could be the lems: no man, no problem.’’ at that time who were fearful of cre- most fruitful legislative session in re- This type of outrageous statement ating a Presidency that would be too cent memory. I would hate to see us from the so-called conservative Repub- strong, having had a bite of the apple destroy that potential.

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.002 S12PT1 S3446 CONGRESSIONAL RECORD — SENATE April 12, 2005 I say also that the slope we get on firmed. To frame the debate as nothing our highest courts delays the recourse with respect to changing the way we but a statistical argument is to betray and justice guaranteed by the Con- close off debate on judicial nomina- the American people. stitution. tions is a slippery one. Today, we may We were not sent to Congress to As so many of my colleagues have want to apply it to judicial nomina- focus on a numerical count but instead stated before me, such justice delayed tions; later on we may want to apply it to make sure that limited government is justice denied. to nominees for Cabinet positions or allows for opportunity and promise In the shadow of September 11, 2001, nominations for other positions. It is a without stifling individual freedom and we now recognize the efforts being slippery slope. liberty. made by the enemies of the United My Republican friends would be wise We were sent here to build a stronger States to destroy the liberties and free- to listen to former Republican Sen- Union and to uphold our obligations dom of our great Nation. The most ators who served on that side of the under the Constitution. basic of our country’s values and tradi- aisle, people such as Senators Wallop, The Founding Fathers referred to tions are under attack. McClure, Danforth, and today Senator judges as ‘‘the guardians’’ of the Con- Congress responded by enacting new Dole, Robert Dole. They reminded to- stitution and gave to the President the laws and by providing financial assist- day’s Republican Senators, the major- responsibility to appoint them. ance to businesses, families and de- ity in the Senate, that the bed we Alexander Hamilton once wrote that, fense; we acted swiftly to suffocate ter- make today is one we may have to in order to maintain the health of the rorists and destroy the hateful organi- sleep in. There won’t always be a Re- three branches of government, all pos- zations that work to undermine our so- publican President. Some day there sible care is requisite to enable the ju- ciety. will be a Democrat President. It could diciary to defend itself. Through strong and courageous lead- be 4 years from now. There will not al- It is frightening to think that a mi- ership, the President has stood firm ways be a Republican majority in the nority in the Senate is eroding the against terrorist and terrorist regimes. But our government cannot function Senate. It goes back and forth. foundation of the third branch by per- without an equally strong judiciary, I say to my friends on the other side petuating obstruction and endangering the third branch of government. It is of the aisle, before we go down this the citadels of justice. through the judiciary that justice is road, keep in mind a couple of things. No where does the Constitution give served, rights protected, and that law No. 1, we have the potential to get so Congress the ability to ignore the ap- breakers are sentenced for their much done this year. I would hate to pointment process. By refusing to give judicial nomina- crimes. see us blow that opportunity. The Senate cannot willingly refuse to No. 2, this is a slippery slope—a pol- tions an up or down vote, it is nothing provide an up or down vote on judicial icy change that may be designed ini- more than a Congressional veto with a nominees without acknowledging that tially to make it easier to confirm ju- fancy name. irreparable harm may be done to an dicial appointments but could easily be James Madison characterized the ap- pointment of judges as the remote equal branch of government. applied to other appointments to other Judges must take an oath to uphold choice of the people. positions. the law, regardless of their personal Failure to provide an up or down vote No. 3, some Democrats would take views. deprives the people of the United some consolation in the thought that Time after time, a nomination has States the choice selected by their rep- we are not going to always be in the been blocked by a minority of Senators resentatives, denying choice to the minority, and as there was a Democrat because they feel that they are better very same people who elected us to of- President for the last 8 years for the judges of a nominee’s ability to fulfill fice and the same people who live under last century, there will be another one that oath than a majority of the Sen- the Constitution that we have sworn to in the future. ate. My Republican friends, be careful of protect. The result of this obstruction is a the bed you make because someday you The legal prowess of a nominee is ob- broken nomination process. will have to chance to sleep in it. viously an important factor to consider I sincerely hope we can work through Thank you, Mr. President. when confirming a judge. the impasse on the judicial nomination The ACTING PRESIDENT pro tem- The Constitution calls upon the Sen- process. pore. The Senator from Colorado is rec- ate collectively to determine whether I hope those opposed to the Presi- ognized. or not a particular nominee is qualified dent’s nominees will vote against them f to serve. This determination is made in and speak their mind about it. But I one gesture, the approval or dis- JUDICIAL NOMINATIONS also hope that we will be allowed to approval of the nomination itself. provide the guidance we are required to Mr. ALLARD. Mr. President, I rise In 2003 and 2004, a series of votes were provide under the Constitution. this morning to address one of the held on various nominees. Some were As I have said so many times before, most important obligations that we, as approved, while others were denied a ‘‘vote them up or vote them down, but Members of the Senate, are bound to vote altogether, even though they were just vote.’’ fulfill—the approval or disapproval of clearly supported by a majority of Sen- The ACTING PRESIDENT pro tem- the President’s judicial nominations. ators. pore. The Senator from Tennessee is Perhaps no other constitutional duty Procedural processes do not fulfill recognized. vests as much responsibility in the ex- the advice and consent requirement. Mr. ALEXANDER. Mr. President, I ecutive, or this body, than article II, Advice and consent does not mean am the Senator from Tennessee, and articulating the President’s power of avoiding the question on a judicial we know something about country appointment, a power that is only real- nominee entirely by employing a fili- music in our State. There is an old ized when the Constitution works as it buster. country music song with the line that was intended to, when we fulfill our ob- If a Member of the Senate dis- goes something like this: There is light ligation as laid out in the clause re- approves of a judge, then let them vote at the end of the tunnel and I hope it quiring this body’s advice and consent. against the nominee. But do not de- ain’t no train. This fundamental duty carries with prive the people of the right to support I am beginning to think it is a train it the weight and responsibility of gen- a nominee through their elected rep- and that there is not much way to erations, a lifetime appointment to a resentative. avoid a train wreck. The train wreck I position that requires a deep and ma- It is our vote, the right of each Mem- am talking about is a threat by the mi- ture understanding of legal thought, ber to collectively participate in a nority to ‘‘shut the Senate down in and a solemn oath to uphold the law. show of ‘‘advice and consent’’ to the every way’’ if the majority adopts rules This debate is not about numbers. It President, that exercises the remote that will do what the Senate has done is not about percentages, how many choice of the people. for 200 years, which is to vote up or judges that Republicans confirmed or The burden of obstruction is borne by down the President’s appellate judicial how many judges Democrats con- the American people. Empty seats on nominees.

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.010 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3447 Until recently, not to vote at all on a body that by its procedures gives un- to reduce the deficit, to fix the immi- President’s judicial nominee was un- usual protection to minority rights. gration laws, and to win the war on imaginable. Take the case of Clarence Tocqueville, in the early 19th cen- terror. We cannot do it if part of the Thomas in 1991: The first President tury, warned of the tyranny of the ma- Senate wants to shut the Senate down Bush nominated him to the Supreme jority. In South Africa we saw a polit- in every way. Court of the United States. I haven’t ical miracle when the new Black ma- Our Senate leader, BILL FRIST, has seen any debate in this body with as jority respected the property rights of been working hard to avoid this train much passion in it as the Thomas nom- the White minority. In 1967, when I wreck. I still hope we can avoid it. I be- ination. But he was nominated in July, came here—and I see the Republican lieve my colleagues in this body know the Senate voted in October 52 to 48, whip here; he came about a year or two the enormous respect I have for the and it was done. Yet, in the last session later—the Republicans were the ones new Democratic leader, HARRY REID. of Congress, for some reason that es- worrying about protecting minority He and I worked together on American capes me, the minority felt it had to rights. There were 64 Democrats and 36 history. I had the privilege of being use the filibuster to deny an up-and- Republicans then. There were 38 Re- with him in a delegation for 8 days in down vote 10 times on 52 of the Presi- publicans in 1977 when I came back Palestine, Israel, Iraq, Kuwait, Geor- dent’s appellate judicial nominees. working with Howard Baker, and in gia, Ukraine, and France, and not once That has never happened before. There 1979, when Senator BYRD eloquently ar- in those 8 days did the Democratic are a lot of ingenious arguments being gued the majority could make Senate leader undercut the policies of the made on the other side, but that has rules, there were only 41 Republicans, President of the United States. He con- never happened. so the Republicans were worrying veyed the U.S. position. I am not sur- Some people mention Abe Fortas in about minority rights. prised by that. That is the way it 1968—I was here then; I was working for But minority rights can also be should be. But I am impressed by that. Howard Baker in the Senate. The votes abused. Remember what the filibuster I am impressed by the Democratic against Fortas were in the majority. was used for in the 1930s, the 1940s, the leader. I am convinced he and the ma- But even if you give that to the other 1950s, and the 1960s. The filibuster was jority leader can make this Senate do side, neither party has ever used the used to deny Black Americans the its job if given the chance. tactic of denying an up-or-down vote right to vote. It was used to keep the We need to avoid this train wreck if on judicial nominees in 200 years. poll tax. It was used to stop a Federal there is a way to do it. Twice I have of- The argument that the Senate anti-lynching law. It was used to keep fered in the Senate my suggestion doesn’t have the power to change this African Americans from sitting down about how I as one Senator could do it. procedure would get thrown out of and having lunch in Nashville. So the I said 2 years ago that I would give up court in a summary judgment. From filibuster can also be an abuse of mi- my right to filibuster a President’s 1789 when the Senate first met and nority rights. nominee for an appellate judgeship adopted its rules by majority vote, it It is not my job to advise the Demo- even if it were President KERRY or has adopted its rules by majority vote crats, and I wouldn’t presume to do it, President Clinton or President REID or as the Constitution provides. but I believe it is a mistake for the any other Democrat. I might vote The nominees who the President put Democrats to provoke a rules change, against that nominee, but I would up who were rejected were badly and I believe it is a bigger mistake, as never filibuster as long as I were a Sen- abused. Charles Pickering, from Mis- they have threatened, to ‘‘shut down ator. sissippi, was accused of not being sen- the Senate,’’ when it happens. Last Now, if six Democrat Senators and sitive to civil rights. In 1967, he put his month, three dozen Democrats stood six Republican Senators would say the children into desegregated schools in on the steps of the Capitol and basi- same thing, then there would be no the middle of Mississippi. He testified cally threatened to do that. On Decem- need for a rules change, and there in court against the grand wizard of ber 13, in the Washington Post, the would be no need for a train wreck. All the Ku Klux Klan, who was described Senator from New York, Mr. SCHUMER, we need are six Democrat Senators and by Time Magazine as the most evil ter- said that the use of the nuclear option six Republican Senators who believe rorist in America. would ‘‘make the Senate look like a there ought to be up-or-down votes re- Bill Pryor, not sensitive on civil banana republic . . . and cause us to gardless of the President’s party and rights? Too conservative? Bill Pryor try to shut it down in every way.’’ who believe it would be wrong to shut was law clerk to John Minor Wisdom in Consider what the Senator from New the Senate down. The right thing to do New Orleans, as the Presiding Officer York is saying. Not only will the mi- is to have an up-or-down vote on any of knows, perhaps the leading civil rights nority not allow a vote on judges up or the President’s Federal appellate judi- judge in the South during the 1950s, down in a country where the rule of cial nominees. That has been the way 1960s, and 1970s, and Bill Pryor has re- law is of paramount concern, but they we have done it for 200 years. The peatedly demonstrated he can separate will shut the Senate down in every way wrong thing to do is to shut the Senate his views from his judicial judgments. at a time when natural gas prices are down in every way. Most recently he was part of the at $7, shut the Senate down in every I yield the floor, and I suggest the ab- court—by his recess appointment—that way at a time when oil prices and sence of a quorum. rejected an appeal on the Terri Schiavo prices at the pump are at record levels, The ACTING PRESIDENT pro tem- case. I don’t know how he felt person- shut the Senate down in every way pore. The clerk will call the roll. ally about it, but he felt under the law when there is a Federal deficit that The assistant legislative clerk pro- there was no recourse in Federal needs to be brought under control, shut ceeded to call the roll. courts. Chairman ARLEN SPECTER has the Senate down in every way when the Mr. DEMINT. Mr. President, I ask sent a certain memorandum around to immigration laws need fixing, and shut unanimous consent that the order for Members asking us to look at Priscilla the Senate down in every way while we the quorum call be rescinded. Owen’s real views on Roe v. Wade. She are at war. The PRESIDING OFFICER. Without hasn’t said she wants to overturn Roe I don’t believe the American people objection, it is so ordered. v. Wade. like the idea of Washington politicians Mr. DEMINT. Mr. President, I rise The question is not whether the Sen- threatening to shut the Senate down in today to address the current institu- ate has the power to adopt the rules by every way. As I remember, the last tional crisis in the Senate brought on majority vote—it unquestionably does; prominent political leader who said by the insistence of a few on defeating that is common sense—but whether we something like that was my friend, the will of the American people in pre- should. Newt Gingrich, 10 years ago. It back- venting the Senate from doing its job I am one of the Republicans who be- fired, and he was out of office in about of voting on the President’s nominees lieve such a rules change is not a good a year. to the Federal bench. idea—not good for the Senate, not for The people expect us to go do work, We all know that the Constitution is the country, not for Republicans, and to do our jobs. They expect us to vote very clear on this front. The judicial not for Democrats. The Senate needs a on judges, to lower natural gas prices, nominees are chosen solely by the

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.011 S12PT1 S3448 CONGRESSIONAL RECORD — SENATE April 12, 2005 President with the advice and consent sary of the polio vaccine. The people of So this example of incredible dis- of the Senate. Until President Bush my generation, who were youngsters at cipline that she was teaching me dur- was elected, no one has ever inter- that time, remember full well the ex- ing this period I always felt had an im- preted this requirement to mean any- citing development. Now polio is vir- pact on the rest of my life in terms of thing other than a simple majority tually eradicated. whatever discipline I may have been vote. The Senate has never denied an The Committee on Foreign Oper- able to bring to bear on things I have up-or-down vote to any appellate court ations, which I have had the privilege been involved in. I really have felt my nominee who had majority support. to either chair or be ranking member mother taught me that before I was But the Democrats have rejected this for the last decade or so, has appro- even old enough to remember. 200-year-old Senate tradition and, with priated about $160 million toward that So this went on for 2 years. My first it, the very will of the American peo- fight over the last 6 years. memory in life was stopping at a shoe ple. Of course, the Rotary International, store in LaGrange, GA. We had left The Democrats lost the election, and a private organization, deserves the Warm Springs for the last time, and they seem unwilling to accept the fact. lion’s share of the credit for almost the physical therapist there had told Instead, they unilaterally change the total eradication of polio. This private my mother: Your son can walk now. rules and politicize the judicial con- civic group with international chapters We think he is going to have a normal firmation process. This is extreme be- made this a project some 20 years ago childhood and a normal life. We havior and extreme tactics—threat- and have collected and spent about $600 stopped at a shoe store in LaGrange, ening to shut down the Senate if we million and delivered the vaccine in all GA, and bought a pair of saddle ox- should dare to confirm a well-qualified parts of the world. So because of this, fords, which are low-top shoes—my nominee with bipartisan majority sup- today we can celebrate, essentially, the first recollection in life. port. This is an epitome of arrogance— complete eradication of this disease Thanks to my mother, I had a nor- assuming they know better than the from the Earth. Rotary deserves a big mal childhood. I was not able to run all majority of their colleagues and the part of the credit for that. that well, but I played baseball and President. The people back home want I rise to talk about this for another have had a normal life. The only im- to see these nominees treated fairly reason. It had an enormous impact on pact of that early childhood experience and given an up-or-down vote. me personally. I was struck with polio with polio is that I have a little dif- Is it fair to say to nominees that when I was 2 years old. My dad was ficulty going down stairs. Most people they are out of the mainstream when overseas fighting in World War II. do not want to go up stairs and do not they have the support of the Demo- Polio was similar to having the flu— mind walking down stairs. I like to crats and the Republicans making up you felt sick all over. Except when walk up stairs and take an elevator the majority of the Senate? I submit it polio went away there were residual ef- down because an effected quadricep im- is the obstructionists who are out of fects. In my case, when my flu-like pacts your ability to descend stairs. the mainstream when they block an symptoms went away, I had a So I am particularly moved by the up-or-down vote on nominations of jus- quadricep in my left leg that was dra- fact that we can stand here today and tices such as Janice Rogers Brown for matically affected. say that polio is essentially eradicated years. My mother was, of course, like many from the face of the Earth. When I was Extreme, arrogant, out of the main- mothers of young polio victims, per- a youngster, the fear of polio was enor- stream—this is the anything-goes Sen- plexed about what to do, anxious about mous. Mothers, every summer, lived in ate Democrats who are willing to go to whether I would be disabled for the rest fear that their children would come any length to deny exemplary judges of my life. But we were fortunate. down with polio, and many did, many the opportunity to dedicate their lives While my dad was overseas my mother died. Many had much more serious to service to the American people. was living with her sister in east cen- aftereffects than I did, certainly. By trying to shred the reputation of tral Alabama, only about 40 or 50 miles But it is with great gratitude that I some of the most respected and ad- from Warm Springs. As everyone commend Rotary International today mired judges in public service in this knows, President Roosevelt established for this extraordinary accomplishment country, a few Senators are sending a Warm Springs, where he went to en- of getting this vaccine out all over the very powerful message to any others gage in his own physical therapy, as a world so that we can essentially say, in who may aspire to the bench. They are center to treat other polio victims. So 2005, that polio has been eradicated telling us, don’t bother. It appears to my mother was able to put me in the from the face of the Earth. be increasingly likely that such talent, car, go over to Warm Springs, and ac- Mr. President, I ask unanimous con- dedication, and personal sacrifice will tually learn, from those marvelous sent that an article from the Wall be rewarded with attacks on the floor physical therapists who were there, Street Journal entitled ‘‘Polio and Ro- of the Senate and years of uncertainty what to do. tary’’ be printed in the RECORD. while a bipartisan majority waits pow- They told my mother she needed to There being no objection, the mate- erless to confirm these nominees. keep me from walking. Now, imagine rial was ordered to be printed in the I call for a return to tradition. The this. You are the mother of a 2-year-old RECORD, as follows: American people have done their jobs boy. And we all know how anxious lit- [From the Wall Street Journal, Apr. 12, 2005] and expect us to do the same. We in the tle boys are to get up and get around Senate need to do our jobs and confirm POLIO AND ROTARY and get into trouble. So my mother Today marks the 50th anniversary of the fair judges through a fair process. convinced me that I could walk, but I I yield the floor and suggest the ab- Salk polio vaccine. Poliomyelitis, also know couldn’t walk—a pretty subtle concept as infantile paralysis, used to be one of child- sence of a quorum. hood’s most feared diseases. A few years The ACTING PRESIDENT pro tem- to try to convey to a 2-year-old. In other words, she wanted me to think I after Dr. Jonas Salk announced his vaccine pore. The clerk will call the roll. on April 12, 1955, nearly every child in the The bill clerk proceeded to call the could walk, but she wanted me to also understand I should not walk. U.S. was protected. Today polio has dis- roll. appeared from the Americas, Europe and the Mr. MCCONNELL. Mr. President, I Now, obviously, the only way to en- Western Pacific and is nearly gone from the ask unanimous consent that the order force that with a 2-year-old is to watch rest of the world. for the quorum call be rescinded. them like a hawk all the time. So I was A too-little known part of this feat is the The ACTING PRESIDENT pro tem- under intense observation by my moth- role played by Rotary, the international pore. Without objection, it is so or- er for 2 years. She administered this businessman’s club, which 20 years ago dered. physical therapy regiment at least adopted the goal of wiping out the disease. Rotary understood that medical break- f three times a day—all of this really be- fore my recollection. But we now know throughs are worthless unless people aren’t afraid to immunize their children and effi- 50TH ANNIVERSARY OF POLIO the things that happened to us in the VACCINE cient delivery systems exist to get the vac- first 5 years of our lives have an enor- cine to them. And so it mobilized its mem- Mr. MCCONNELL. Mr. President, mous impact on us for the rest of our bers in 30,100 clubs in 166 countries to make today we celebrate the 50th anniver- lives. it happen.

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.014 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3449 In 1985, when Rotary launched its eradi- is one we are going to have to debate forcement at the border, and it goes cation program, there were an estimated this year, and we are going to have to right on through with the rest of the 350,000 new cases of polio in 125 countries. consider legislation very seriously law that makes it illegal to hire illegal Last year, 1,263 cases were reported. More later on this year, but our view is that immigrants. Those laws do need to be than one million Rotary members have vol- adequately enforced. unteered their time or donated money to im- it would be inappropriate to consider munize two billion children in 122 countries. that legislation in the context of this If we could commit ourselves to do In 1988, Rotary money and its example were supplemental appropriations bill. that, then I believe we could lay the the catalyst for a global eradication drive We are aware of the fact there was a foundation for successfully getting leg- joined by the World Health Organization, provision in the House bill that related islation to provide some kind of guest Unicef and the U.S. Centers for Disease Con- to driver’s license standards and asy- worker or temporary worker program trol. In 2000 Rotary teamed up with the lum, but those are matters that relate that will both liberalize the ability of United Nations Foundation to raise $100 mil- more to terrorist activities than our employers to bring legal immigrants lion in private money for the program. By into this country to work for them on the time the world is certified as polio-free— immigration laws, as they pertain to illegal immigration. Therefore, our a temporary basis and also deal with probably in 2008—Rotary will have contrib- the 10 to 15 million—nobody knows ex- uted $600 million to its eradication effort. view is that we would refrain from of- An economist of our acquaintance calls fering amendments of that kind and actly how many for sure—illegal immi- Rotary’s effort the most successful private would hope our colleagues would as grants who exist in the country today. health-care initiative ever. A vaccine-com- well. Many of those people work hard. They pany CEO recently volunteered to us that We would hope, by indicating what come to work here. They intend only the work of Rotary and the Gates Founda- we plan to do, that our colleagues to send money back to their relatives tion, both private groups, has been more ef- would appreciate our commitment— in Central America or Mexico or wher- fective than any government in promoting ever they came from. Many of them that is to say, Senator CORNYN and my- vaccines to save lives. It’s become fashion- are, indeed, needed in our workforce. able in some quarters to deride civic vol- self—to seeing that the issue of illegal immigration generally and immigra- But we cannot condone a situation in unteerism, but Rotary’s unsung polio effort which they are working illegally. So deserves the Nobel Peace Prize. tion reform specifically will, in fact, be we have to come up with a structure Mr. MCCONNELL. Mr. President, I considered by the Senate a little bit that would permit us to take advan- yield the floor. later on this year. tage of their desire to work here, but It is our intention to introduce legis- f to do so in a legal construct and not to lation and to work through the amend- reward them with any kind of amnesty. CONCLUSION OF MORNING ment process, perhaps before that, to BUSINESS The specifics of doing that have been ensure that we are doing everything we discussed a little bit by the President The ACTING PRESIDENT pro tem- can in the Congress to ensure our bor- of the United States, who laid out some pore. Under the previous order, morn- ders are secure, that we have adequate principles for a guest worker program, ing business is closed. law enforcement both at the borders as he calls it. What Senator CORNYN f and in the interior of the country, and and I are here to talk about today is that we, therefore, create the pre- the fact that we are working on legisla- EMERGENCY SUPPLEMENTAL condition for the consideration of im- APPROPRIATIONS ACT, 2005 tion to try to embody many of the migration reform, which is that we do principles the President has laid out to The ACTING PRESIDENT pro tem- have a commitment to enforce the law create a legal mechanism by which we pore. Under the previous order, the and abide by the rule of law in this can meet our workforce needs in this Senate will resume consideration of country. country but to do so all within the rule H.R. 1268, which the clerk will report. There is one thing I think almost ev- of law, where the law will be strictly The assistant legislative clerk read erybody interested in the immigration enforced, there will be no more hiring as follows: debate will agree on, and that is that of illegal immigrants, and therefore we A bill (H.R. 1268) making emergency sup- we have a broken legal system right remove the magnet which currently ex- plemental appropriations for the fiscal year now. Employers pretend they are not ending September 30, 2005, to establish and ists which draws illegal immigrants employing illegal immigrants, but they into our country because they can be rapidly implement regulations for State know they are, and they have docu- driver’s license and identification document employed easily. security standards, to prevent terrorists ments the Government has called for. So we remove that magnet, but we do from abusing the asylum laws of the United The Government pretends to enforce so in a way that does not reward the States, to unify terrorism-related grounds the law, but it knows the documents, lawbreakers, the people who come here for inadmissibility and removal, to ensure in many cases, are counterfeit. illegally and use illegal documentation expeditious construction of the San Diego The industry will very candidly tell to obtain employment and, in many border fence, and for other purposes. you they do not know what they would cases, are creating a drain on society, The PRESIDING OFFICER (Mr. do without the illegal employment and ensure they are not rewarded for SUNUNU). The Senator from Arizona. they have today. So they are putting their illegal behavior by amnesty, Mr. KYL. Mr. President, as was just pressure on some of our Members to which I think most people would agree, indicated, we are now back on the sup- come forward with legislation to create at a minimum, means they would not plemental appropriations bill, which is a legal regime for these employees and, be granted a path to citizenship or be critical to the funding of our effort to indeed, there should be. able to chain migrate their family into continue our activities in Iraq and Af- We should get to the point where no- the country ahead of those who want to ghanistan and elsewhere around the body in this country hires illegal immi- do so legally; meaning, specifically, world. grants anymore. To do that, we are that, of course, anyone who wanted to One of the reasons Senator CORNYN going to have to demonstrate a couple do that could get in line in their coun- and I want to speak for a few minutes things. The first is that we are com- try of origin with a worker sponsor for this morning is to make the point that mitted to enforcing such a law, because legal, permanent residency or green we very much hope our colleagues will our constituents rightly tell us: Why card status. If they acquired that sta- join with us in ensuring the quick pas- should we consider immigration re- tus, then there are other things that sage of this bill so we can get on with form—temporary worker reform, for flow from that, such as the ability to that effort and then move to other example—if we don’t think it is going apply for citizenship. But that should business. to be enforced? You are not enforcing only come as a result of going home, There has been a suggestion that the law today. What makes us think being there, and getting in line with amendments might be offered to the you are going to enforce the law in the everybody else. It certainly should not bill that do not relate to the funding of future? be granted to people who came here il- the war effort. For example, some of It is a good question. We have to be legally and would be permitted to stay our colleagues have talked about offer- able to answer that question in the af- here while that status was pending. ing amendments that relate to the sub- firmative and say we are committed to That is the kind of thing we mean by ject of immigration. Now, that subject enforcing the law. It begins with en- saying no amnesty.

VerDate Aug 04 2004 00:05 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.011 S12PT1 S3450 CONGRESSIONAL RECORD — SENATE April 12, 2005 But at the end of the day, I think There are a lot of things that have to the Subcommittee on Terrorism, Tech- President Bush is right, that we have be done. The point we are making is, nology, and Homeland Security, and I to come to grips with this problem. We one, this is complicated. It is big. It chair the Judiciary Subcommittee on have to find a way, as he said, to match has to be done. It should not be at- Immigration, Border Security, and willing workers with willing employers tempted on a bill which we have to get Citizenship. We have already had our but to do so strictly in the confines of passed quickly to ensure funding for first hearing, a joint hearing, on border a legal regime. What Senator CORNYN our troops in Iraq and Afghanistan and security. The second one, this Thurs- and I have been working on for several elsewhere. This is a debate we can have day, will focus on interior enforcement, weeks now is a bill we hope would em- in the future, and I am assuring our or maybe I should say interior non- body many of those principles. It is not colleagues we are moving the process enforcement, when it comes to our im- going to track exactly what the Presi- forward. I chair the Terrorism and migration laws. dent has proposed. I would also say the Homeland Security Subcommittee of In the past, we have simply not de- President has not gotten real specific the Judiciary Committee. My col- voted the funds, the resources, or the about several areas, and we are going league, JOHN CORNYN, chairs the Immi- manpower to properly enforce our im- to have to fill in a lot of those blanks. gration Subcommittee. We intend to migration laws and protect our bor- We will talk to our colleagues, and try to move this legislation through ders. That must change. If we have we will talk to the various groups that the Judiciary Committee as a matter anything to do with it, it will change. are involved in this issue to see what of regular order as soon as we can get Let me put the matter as clearly and their ideas are about how best to make our legislation complete. explicitly as I possibly can. No discus- this work. But the bottom line so far My colleague from Texas wants to sion of comprehensive immigration re- as we are concerned is, if we do this, we make a presentation regarding this form is possible without a clear com- have to be able to commit to the Amer- same subject. mitment to, and a dramatic elevation ican people that since we now have a The PRESIDING OFFICER. Who in, our efforts to enforce the law. That legal and relatively easy mechanism seeks time? includes enforcement both at the bor- for filling the workforce needs here in The Senator from Texas. der and within the interior. We must our country, we are not going to con- Mr. CORNYN. Mr. President, I want have strong border protection between done any illegal employment in this to follow on the comments of Senator ports of entry and a strong employee country. If we establish that principle, KYL because we are working together verification system to put an end to we then help to remove that magnet on this important legislation, what we the jobs magnet for illegal entry. which is drawing so many illegal immi- hope and expect will be comprehensive Our immigration laws also present grants to the United States. immigration reform. The message both substantial difficulties to our already Just to conclude with this point. I of us would like to convey is that this overburdened law enforcement and bor- mentioned the fact we would be intro- is a complex topic. It can’t be accom- der security officials, separate and ducing legislation, which we intend to plished this week, especially not on apart from inadequate funding and re- do. But there are also opportunities for supplemental appropriations designed sources. It is my belief these difficul- us to demonstrate this commitment to to make sure our troops have the ties simply cannot be solved by addi- enforcing the law. Let me mention a equipment and resources they need to tional funding and additional resources few of those. In whatever way we can fight the global war on terrorism. alone, as important as they are. After accomplish this, whether it be before Let me give a little background to all, under our current immigration the introduction of such legislation or explain my perspective. It tracks close- laws, literally millions of people enter in conjunction therewith, we intend to ly with what Senator KYL has already this country outside of legal channels move forward. The intelligence reform bill of last said. to hold jobs that are offered by Amer- year authorized 2,000 new Border Pa- Our Nation’s immigration system is ican businesses and are needed to en- trol agents each year for 5 years, but badly broken. It leaves our borders un- sure American economic growth. There we do not have enough money in the protected, threatens our national secu- is a serious concern that some fraction budget for any more than about a tenth rity, and makes a mockery of the rule of this population may harbor evil im- of that number. of law. We have failed to enforce our pulses toward our country. Yet it is a Currently, there are about 11,000 Bor- laws and to protect our borders for far practical impossibility to separate the der Patrol agents. A pre-9/11 study con- too long through years of neglect. In a well meaning from the ill-intentioned. ducted by the University of Texas said post-9/11 world, we simply cannot tol- Put simply, we must focus our scarce we needed at least 16,000 Border Patrol erate this situation any longer. Na- resources on the highest risks to our agents on our southern border alone in tional security demands a comprehen- country and our national security. We order to secure the border. So we clear- sive solution to our immigration prob- need our law enforcement and border ly have to fund the addition of more lem. security officials to spend their highest Border Patrol agents. Authorized in Senator KYL and I have determined energies on people who wish to do us the intelligence bill as well were 800 that we would work together. We have harm rather than those who wish only additional Immigration and Customs a particular interest, being Senators to help themselves and their families Enforcement investigators, again for a from two border States along the through work. Our comprehensive im- 5-year period, an additional 800 Cus- southern border where the illegal im- migration proposal will strengthen en- toms/Border Protection inspectors at migration is perhaps the most ramp- forcement of the law, but it will also our Nation’s ports, 8,000 new detention ant. We also want to come up with a provide laws that are capable of strong bed spaces, and some other require- plan that addresses not only our na- enforcement. ments that all follow if we are going to tional security but deals with the eco- We agree with the President’s stated enforce the law. nomic issues that are integrally inter- principles. They are, however, just We need to fund these programs to twined with this complex issue in a principles, and certainly he under- demonstrate our commitment to the way that is compassionate and deals stands and looks to the Congress to law. We also need to reimburse the with the very real human consequences come up with the specifics in the form States for their incarceration of illegal and causes for illegal immigration. of legislation. Such laws can be de- immigrants in prisons. The so-called We are undertaking a thorough re- signed in a way to be compassionate SCAAP funding accomplishes that. It view of our immigration laws as we and humane. Above all, they must be is the State Criminal Alien Assistance speak. At the conclusion of our discus- designed to protect U.S. sovereignty Program. But there was not any money sions, Senator KYL and I plan to intro- and to further U.S. interests. They in the budget this year, and it needs to duce a comprehensive immigration re- must be reformed to better serve our be at least $750 million. We need to do form bill that will dramatically national security and our national some other work to ensure that States strengthen enforcement, bolster border economy. They must ensure respect for do not bear the costs of the Federal security, and comprehensively reform the rule of law and not permit undocu- Government’s failure to enforce the our laws. I particularly am glad to be mented workers to gain an advantage Federal law. working with Senator KYL. He chairs over those who have followed the rules.

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.018 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3451 In the coming months we will craft a Code, including care and treatment in facili- issue. I am willing to work with any- proposal that implements all those ob- ties not under the jurisdiction of the depart- one to make sure all of our veterans jectives, and we welcome the coming ment and including medical supplies and get the health care they are promised. debate as well as the input and the op- equipment and salaries and expenses of health-care employees hired under title 38, I appreciate the leadership of many portunity to work with our colleagues United States Code, and to aid State homes Senators, especially Senator CRAIG who in the Senate. as authorized under section 1741 of title 38, chairs the Senate Veterans’ Affairs Finally, we speak today as the Sen- United States Code; $1,975,183,000 plus reim- Committee on which I serve. I thank ate is about to begin debate on a sup- bursements: Provided, That of the amount Senator HUTCHISON of Texas who chairs plemental appropriations bill. Congress under this heading, $610,183,000 shall be avail- the committee that funds veterans should not delay enactment of critical able to address the needs of servicemembers deployed for Operation Iraqi Freedom and health care. I truly appreciate their appropriations necessary to ensure the commitment to our veterans. I look well-being of our men and women in Operation Enduring Freedom; Provided fur- ther, That of the amount under this heading, forward to working with them, and I uniform fighting in Iraq and elsewhere $840,000,000 shall be available, in equal will work with many others to make around the world. Attempting to con- amounts of $40,000,000, for each Veterans In- sure we are doing everything we need duct a debate about immigration re- tegrated Service Network (VISN) to meet to do to prepare for the influx of many form while the supplemental appro- current and pending care and treatment re- new veterans. priations bill is pending in the Senate quirements: Provided further, That of the would do just that—it would unneces- amount under this heading, $525,000,000 shall With Senator AKAKA and others, I am sarily and inappropriately delay get- be available for mental health care and offering a veterans health care amend- ting those funds to our troops who need treatment, including increased funding for ment to this emergency supplemental. centers for the provision of readjustment them. Our immigration system is badly Our amendment recognizes that caring counseling and related mental health serv- for our veterans is part of the cost of broken and fails to serve the interests ices under section 1712A of title 38, United of our national security and our na- war. This is being offered on the emer- States Code (commonly referred to as ‘‘Vet gency supplemental because our tional economy and undermines re- Centers’’), increased funding for post trau- spect for the rule of law. matic stress disorder (PTSD) programs, amendment recognizes that caring for To solve that problem, Congress funding for the provision of primary care our veterans is a part of the cost of must engage in a careful and deliberate consultations for mental health, funding for war. discussion about the need to bolster en- the provision of mental health counseling in Our amendment does three things: Community Based Outreach Centers forcement of and to comprehensively First, it makes sure all soldiers who (CBOCs), and funding to facilitate the provi- need health care when they return reform our immigration laws. We sion of mental health services by Depart- should not short-circuit that discus- ment of Veterans Affairs facilities that do home from Operation Enduring Free- sion by enacting legislation outside of not currently provide such services: Provided dom and Operation Iraqi Freedom can the regular order of business in the further, That the amount under this heading get that health care. To do that, this House and the Senate. I hope we will shall remain available until expended. amendment provides $610 million. Sec- enact this supplemental appropriations Mrs. MURRAY. Mr. President, I ask ond, it provides funding for mental bill soon. Once that process is com- unanimous consent to add as cospon- health care for our newest veterans. pleted, I will continue to work closely sors Senators AKAKA, BYRD, BOXER, Specifically, it provides $525 million for with Senator KYL and any other Mem- BINGAMAN, ROCKEFELLER, MIKULSKI, expanded mental health services, in- ber of this body who has a good idea to JEFFORDS, SALAZAR, and DAYTON. cluding $150 million to treat post-trau- contribute to enact comprehensive im- The PRESIDING OFFICER. Without matic stress disorder for counseling, as migration reform that is in the best in- objection, it is so ordered. well as family therapy. Third, the terests of our Nation. Mrs. MURRAY. Mr. President, today amendment helps address the shortfalls I yield the floor. in Iraq and in Afghanistan, our men that are crippling our regional VA net- AMENDMENT NO. 344 and women in uniform are making works. It provides $40 million to each The PRESIDING OFFICER. The Sen- great sacrifices to serve our country. and every VISN, Veterans’ Integrated ator from Washington. Last month I had the opportunity to Service Network. Mrs. MURRAY. Mr. President, I send meet with some of them in Baghdad This chart shows the 21 regional an amendment to the desk and ask for and in Kuwait and all of us can be very health networks. For each region, our its immediate consideration. proud of their service. Every person I amendment provides $40 million to The PRESIDING OFFICER. The met with was a dedicated professional spend on their priorities. For some clerk will report. who was putting their duty above their areas it is going to mean erasing big The legislative clerk read as follows: personal well-being. deficits. For others it will help them Today, I am very concerned that The Senator from Washington [Mrs. MUR- hire more medical staff. In other parts RAY], for herself, Mr. AKAKA, Mr. BYRD, Mrs. when all of these new veterans come of the country they will use it to buy BOXER, Mr. BINGAMAN, Mr. ROCKEFELLER, Ms. home and need medical care, they are medical equipment. That flexible fund- MIKULSKI, Mr. JEFFORDS, Mr. SALAZAR, and going to be pushed into a veterans ing that each VISN gets will allow each Mr. DAYTON, proposes an amendment num- health care system that does not have region to prepare their staff and facili- bered 344. the medical staff, the facilities, or the ties for our newest veterans. It will put Mrs. MURRAY. Mr. President, I ask funding to take care of them. a total of $840 million where these local unanimous consent that reading of the There is a train wreck coming in vet- communities need it the most. amendment be dispensed with. erans health care. I am offering an The PRESIDING OFFICER. Without amendment to deal with this emer- In short, this amendment will ensure objection, it is so ordered. gency now before it turns into a crisis. that we can handle the health care The amendment is as follows: The VA health care system is over- needs of all the veterans who will seek care after serving our country in Oper- (Purpose: To provide $1,975,183,000 for crowded. It is underfunded. It is under- medical care for veterans) staffed. It is struggling to deal with ex- ation Iraqi Freedom and Operation En- during Freedom. On page 188, after line 20, add the fol- isting veterans. I fear what will happen lowing: when tens of thousands of our new vet- The total cost of the amendment is CHAPTER 5 erans are added to this already $1.98 billion. Let me explain how we ar- DEPARTMENT OF VETERANS AFFAIRS strained system. rived at that figure. First, we looked at As Americans, we make a promise to the number of new veterans who will VETERANS HEALTH ADMINISTRATION those who join our military that we return to the VA for care. We multi- MEDICAL SERVICES will take care of them when they come plied that by the average cost per pa- For necessary expenses for furnishing, as home. It is a promise all of us have to tient and added the cost of reversing authorized by law, outpatient and inpatient care and treatment to beneficiaries of the work together to keep, and that is why the deficits that are today facing our Department of Veterans Affairs and veterans I am on the Senate floor today. This is VA hospitals and the cost of meeting as described in paragraphs (1) through (8) of not a Democratic issue. It is not a Re- increased mental health care needs section 1705(a) of title 38, United States publican issue. This is an American that everyone assures us we are facing.

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.020 S12PT1 S3452 CONGRESSIONAL RECORD — SENATE April 12, 2005 Some Senators may wonder if this is very closely. I am going to talk about this fiscal year. The VA is proposing to the appropriate vehicle to fund vet- different places, but the overall prob- save $2 million by not filling staff va- erans health care, so let me talk about lem is the same everywhere. cancies. I am told, in fact, they need 58 that for a minute. For years, VA funding has not kept new beds, and that some of the I would have preferred to fund this up with the growing demand for care bedframes in that facility are held to- critical need in the regular budget and with the rising costs of health gether with duct tape and wire. So be- process. I tried to do it several times care. So VA networks around our coun- cause of the deficits they cannot even last month in the Budget Committee try have held off making improve- buy new beds. That is unacceptable for and on the floor with Senator AKAKA. ments. When a doctor or nurse left, our veterans who have served this Unfortunately, our amendments were they were not replaced. When equip- country. voted down. But the need is not going ment needed to be purchased, it was I am also told that the Black Hills away. The shortfalls are only going to put on hold. When a clinic needed to be Health Care System is $3 million in the get worse. So if we are not going to opened, it was held in limbo. When hole. They have had to use the capital take care of our veterans from Iraq in there wasn’t enough money in the op- budget to pay staff and other expenses. the regular budget, then we have to erating budget, they started taking In Texas, at the Temple, Texas, VA, take care of them in the bill that funds money from their capital budget. nurses in inpatient care are working our war efforts. This is the appropriate Now all those years of chronic under- 16-hour days several times a week be- bill because the veterans health care funding are coming back to roost at cause there is not enough staff. We train wreck is an emergency, and be- the worst possible time, as we are know that nurses providing direct care cause caring for our veterans is part of about to have a major influx of new should only be working 12-hour days, the cost of war. veterans, men and women serving hon- because longer shifts lead to medical As I have been talking about this orably in Iraq and Afghanistan today, errors and unsafe care. This is not a amendment and discussing it with our when they are returning, our VA facili- way to treat our veterans who are re- veterans, I have been pleased by the ties across the country are facing defi- turning. support it has received. This amend- cits, staff shortages, and inadequate fa- In Virginia, as of January 1, I under- stand that Virginia had a budget short- ment is supported by the Veterans of cilities. Foreign Wars, AMVETS, Disabled Let me give a couple of examples fall of $14.5 million. In my home State of Washington, we American Veterans, Paralyzed Vet- that have been shared with me. have problems, too. In Tacoma, at the erans of America, and it is supported In Alaska, as of yesterday, they are American Lake VA, you can only get by the VA workers who care for our starting a waiting list for non- an appointment if you are 50-percent or veterans, represented by the American emergency care for all new priority 7 more service-connected disabled. That Federation of Government Employees, veterans who are not enrolled in VA is not the promise we made to the men AFL–CIO. I thank all of these organiza- primary care. That means those people and women who serve our country. tions and their members for supporting cannot get an appointment to even see In Puget Sound, as of January, there my amendment and reaching out to a doctor. was an $11 million deficit. At the Se- their Senators to call for its passage. In Colorado, the Eastern Colorado attle and American Lake VA they are Before I go any further, I want to Health Care System is $7.25 million leaving vacant positions unfilled. note that veterans health care is a very short this year. There are about 16 new vacancies every personal issue for me. My father was a In California, last year, the VA hos- month and those positions are remain- disabled World War II veteran. I grew pital there in Los Angeles closed its ing empty. They hope to reduce the up knowing the sacrifices that our vet- psychiatric emergency room. workforce by 160 full-time equivalents erans make. When I was in college, I In Florida, the VISN 8 facilities were by the end of this fiscal year. interned in our VA hospital in Seattle facing a $150 million deficit earlier this This is having a huge impact on our during the Vietnam war, and I saw how year. West Palm Beach Medical Center patients. As of this month, the next ap- important the services were to our sol- has a deficit alone of $6 million. pointment at the Seattle VA urology diers who were returning. I became the In Idaho, at the VA in Boise, they are clinic is not available until August. I first woman to serve on the Senate resorting to hiring freezes when we can tell you that conditions like these Veterans Affairs Committee. I know have soldiers coming home. are breaking the hearts of our VA per- what the costs are and I know what the In Kentucky, veterans at the Louis- sonnel who work day in and day out challenges are. ville hospital, who are having a type of with the men and women who have The VA provides some of the best bladder examination, have to lie on a served this country. They are frus- care, research, and treatment any- broken table because there is no money trated at seeing so many veterans not where. Our VA employees have a to replace that broken equipment. get the care they have earned. Why? unique understanding of the challenges In Maine, the Togus VA has a $12 Because Congress is not providing the that our veterans face when they re- million deficit. money. turn, and their dedication is un- In Minnesota, at the Minneapolis VA, I share these examples not to criti- matched. Like them, I want to make they have a $7 million shortfall. They cize or cast blame. We have problems sure this system works for every vet- have one of the VA’s four sites for deal- such as this in my State as well, as I eran of every war and every genera- ing with veterans with complex, mul- have talked about. I share these exam- tion. tiple injuries but they are not hiring ples because we have to look at what is I will share some specific examples anymore staff for that specialized cen- happening and realize that our VA sys- from throughout our country that il- ter because of the deficit. tem is not prepared to handle a new lustrate the emergency in veterans All of us who have visited our return- generation of veterans. All of these ex- health care today. These examples ing soldiers at Walter Reed or Bethesda amples, from more than a dozen States, didn’t come from me. They came from know many of them are returning with point to one conclusion: The VA is hav- people who know our VA facilities these kinds of injuries that need to be ing trouble taking care of the patients firsthand. A couple days ago, I posted a treated at hospitals such as the one in it has today. It is certainly not pre- form on my Web site, mur- Minneapolis. pared to handle a new influx of vet- ray.senate.gov, where veterans and In Missouri, at the Kansas City VA erans from Iraq and Afghanistan. their advocates can share their stories Medical Center, they have a $10 million Many of these VA centers are in the and examples with me. I have been operating deficit. I am also told that in hole for millions of dollars. They are heartened with the things people have Missouri there are not enough doctors not in a position today to begin ex- shared. I invite other veterans to share and providers to see all the veterans. If panding care to meet the growing need. their stories with me and with their a veteran is less than 50-percent serv- They cannot do it alone. We have to own Senators. ice-connected disabled, he or she is put step in and help them. For anyone who thinks this is not an on a waiting list. Before I close, I want to talk about emergency or it doesn’t merit emer- In South Dakota, they are expecting one claim we made here during this de- gency funding, I invite you to listen to be $7 million in the red by the end of bate. Some Senators have suggested

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.023 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3453 that the VA doesn’t need any addi- Following the 1991 Gulf war, return- clinic is only seeing a tiny percent of tional funding because it has some ing servicemembers began to report un- those who need care. kind of reserve for $500 million. I was explained illnesses and ailments that In Network 20, which serves the troubled by the idea that the VA has many linked to their service. Only Northwest and Alaska, we have now extra money it is not using while so those who had been granted a claim for seen the beginnings of what could very many communities are struggling, so a service-connected disability or dem- well become a nationwide trend. Pri- at a hearing last week of the Senate onstrated a financial need could turn ority 7 veterans, who often make as lit- Veterans’ Affairs Committee I got to to VA for health care services at that tle as $26,000 a year, are being denied the bottom of it. I wanted to share this time. Reservists and Guard members care, as the Network is running about chart with colleagues. were particularly vulnerable as mili- a $40 million deficit. At our hearing on April 7, I asked tary health care is lost after separation Veterans in need of treatment for Acting Under Secretary for Veterans from service. PTSD or addiction treatment will have Health Care Dr. Jonathan Perlin: Back in 1998, this very body voted one less place to go due to the VA Is there a $500 million reserve? unanimously to ensure that no combat budget. The Psychiatric rehabilitation Dr. Perlin’s reply was: veteran would be caught up in strin- program at the Chillicothe VA hospital No . . . I don’t know where that might gent eligibility rules and be denied is being shut down. have been suggested, but there is no $500 mil- treatment. Today, any servicemember Thirty nursing home beds at the VA lion reserve that is sitting there for future who participates in the theater of com- hospital in Manchester, NH, will not be projects. bat is eligible for free VA health care opening. VA officials expect to save I share that with my colleagues to for 2 full years after separation or re- $1.3 million by not opening these beds. set the record straight. The VA is not lease from active duty, without regard As my good friend Senator COLLINS sitting on any type of reserve it can for strict eligibility rules. has pointed out, the hospital in Togus, use for medical care. That comes This benefit is more important than ME, is operating under a $14.2 million straight from the man who runs the ever, especially to Reservists and deficit. This Maine facility has a hiring program nationwide. We have VA cen- Guard members. Experts calculate that freeze and cannot replace equipment. ters that are struggling in every part about 40 percent of the lower enlisted The Kansas City VA Hospital is of our country. They cannot deal with grades in these services do not have short-staffed because they are already the caseload they have today. How in any kind of health insurance. Because $10 million in the hole. The Denver VA the world are they going to deal with TRICARE eligibility is lost after sepa- Hospital and its affiliated clinics are all of the new veterans who are coming ration or deactivation, VA is the only $7.25 million short. The Maryland home from Iraq and Afghanistan? place many of these service members Health Care System is $14.5 million in We cannot kick this down the road can turn. the red already this year. The list goes any longer. It is an emergency today My colleagues in the Senate have al- on and on. and if we do not deal with it now, it is ready recognized the need to provide The network that serves Minnesota, going to be a crisis tomorrow. This is funds that would allow VA to absorb an Nebraska, Iowa, North Dakota, and not a partisan issue; it is an American influx of new patients from Operations South Dakota is facing an overall issue. It is about whether we keep the Iraqi and Enduring Freedom. In 2003, shortfall of $61 million. South Dakota’s promise to the men and women we send $175 million was added for VA to the facilities are $2.4 million short right to serve us overseas. supplemental appropriations bill. I now; Minnesota’s are $25 million short; I am willing to work with anyone point out that this amount was pro- and Iowa’s hospitals are at least $14 who wants to make sure our country is vided only 1 month after the war in million short of what is currently need- prepared to care for all of the veterans Iraq began and before we knew about ed. Bed frames are being held together who will be coming home soon. They the level of troop commitment. by duct tape in some facilities, and were there for us. We need to be there This amendment we offer today al- cleaning staff cannot be hired to keep for them now. I urge my colleagues to lows VA to provide care for returning the facilities sanitary for patients. support this veterans health amend- troops, without displacing those vet- Health care provider positions also re- ment. If you are concerned about this— erans currently using the system. We main open, resulting in shortages of perhaps I mentioned your State or you are now 2 years into this conflict, and doctors, nurses and medical techni- have heard from your own veterans— VA has already begun to see real im- cians, to name a few. let’s talk about it and find a way to pact. Last year, VA spent $63 million Furthermore, Florida’s facilities are make it work. on returning veterans. Using data from $150 million in the red. And again, this No matter what party you are in, we the first quarter, VA will spend an has resulted in key health care spe- are all Americans first. We all have an unbudgeted $120 million this year. Yet, cialist positions going unfilled. In a re- obligation, as President Lincoln said, the lion’s share of our troops have not gion where so many veterans and ac- ‘‘to care for him who shall have borne yet returned home, are rehabilitating tive duty service members reside, a the battle, and for his widow, and for in the DoD health care system, or are shortfall of this magnitude is shameful. his orphan.’’ pending separation. This trend towards hiring freezes and We need to pass a veterans health The amount of this amendment, $1.9 under-staffing of vital health care pro- amendment and keep this promise to billion, is drawn from what we know grams and services is one that is of America’s veterans. This amendment is about past use of the VA health care great concern to me. I know that the the last opportunity we will have to system, coupled with what we know to American Federation of Government make sure our veterans—the men and be the cost associated with shoring up Employees is also very concerned women serving us—are taken care of the system for all veterans. about the measures being taken by when they return home. This is what we know: VA tells us many facilities to compensate for the The PRESIDING OFFICER. The Sen- that 20 percent of returning service numerous shortfalls around the coun- ator from Hawaii is recognized. members are now turning to VA for try, and I commend AFGE for its sup- Mr. AKAKA. Mr. President, I rise care. Using this figure and VA’s costs, port of this amendment. today with my friend Senator MURRAY we know that $600 million in additional It will be impossible for VA to care to offer an amendment to address the funding will be needed for returning for returning veterans in the midst of cost of providing health care to troops service members alone. this kind of situation. As my col- serving in Iraq and Afghanistan. She We also know that right now VA hos- leagues can see, the amount we are has made an excellent statement about pitals are running deficits of about $40 asking for today is actually modest what we are facing in the country and million per each health care network. when compared to the very real deficits the shortfalls we have. She has taken Let me share some specifics: some parts of the country are being the leadership on this and I am sup- Outpatient clinics have stopped see- forced to deal with. While we know porting her. We hope we will be able to ing even the poorest of patients, send- that many Members of this body have continue to help our veterans with ing them hundreds of miles away to worked to see that their VA facilities their health care. other facilities. The Townsend, MA, remain in good condition, we must do

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.025 S12PT1 S3454 CONGRESSIONAL RECORD — SENATE April 12, 2005 more to ensure quality of care through- will not abandon that commitment upon the growing mental health needs triggered out the entire VA system. their return from the battlefield. Treatment by a grueling war, Congress must make VA We also know that VA mental health for mental illness is as important to their fu- mental health care a major funding priority. must be improved if we are to meet the ture, if not more important, than treatment This amendment would do so, and would needs of returning service members. for physical illness. close the critical gap that stands in the way The Department of Veterans Affairs (VA’s) of meeting a fundamental VA obligation. Experts predict that as many as 30 per- current working statistics reflect a crisis in VA has long had a special obligation to cent may need psychiatric care when the making that Congress has the power to veterans with mental illness, given both the they come home. Yet, we are told that avoid. While it is estimated that at least 30% prevalence of mental health and substance the system is nowhere near ready to of veterans returning from Iraq will have use problems among veterans and the large handle this type of workload. Steady mental health treatment needs, this is likely number of those whose illness is of service budget cuts over the years have dimin- a conservative number. We are very encour- origin. In furtherance of that obligation, ished VA mental health care capacity. aged that this amendment includes an exten- Congress, to its credit, codified in law spe- GAO recently found that VA has sion of time for these needs to be assessed cial safeguards to assure that VA gives pri- and treated, since we at NAMI know that ority to the needs of veterans with mental lagged in the implementation of rec- often the symptoms of mental illnesses arc illness. Notwithstanding that step, however, ommendations made by its own advi- not apparent immediately following trauma. the VA health care system has had an un- sory committee on post-traumatic People who have the personal experience re- even record of service to veterans with men- stress disorder to improve treatment of port that months or even years may pass be- tal health needs. Years of oversight by the veterans who suffer from this very seri- fore veterans and their families are finally Senate Committee on Veterans Affairs and ous mental illness. Furthermore, GAO able to determine that treatment is needed, other bodies have documented the enormous concluded that it is questionable as to and to seek help. variability across the country in the avail- It is especially important to support the whether or not VA can keep pace with ability of VA mental health care, and the Veteran’s Centers, where it is very likely a relatively limited capacity devoted to reha- the demand for mental health treat- veteran or family member would initially bilitative help. With the nation at war—and ment from veterans of Operations Iraqi seek information and assistance. Expansion studies finding an already high percentage of and Enduring Freedom. of mental health care in VA community- returning veterans showing evidence of post- While veterans’ clinics now dot the based outpatient clinics (CEDCs) is already a traumatic stress disorder and other war-re- landscape, they do not have the ability VA priority, and an excellent plan, but cur- lated mental health problems—VA’s special to meet mental health needs. Vet Cen- rent limited resources will not support the obligation to veterans with mental disorders ters, which provide vital outreach and Operation Enduring Freedom/Operation Iraqi has special poignancy. VA has taken impor- Freedom expected caseload. readjustment counseling to veterans of tant steps to make mental health a greater We also know that many VA hospitals and health-care priority, but given the wide gap yesterday and today, have seen their clinics are experiencing major funding crises between VA’s mental health capacity and workload double, but not one addi- (small increases in their budgets simply do veterans’ needs for treatment and support tional nickel has been sent their way. not match spiraling costs of service). As a re- services, real change will require major new There are large pockets of this country sult, there are site closings, unaddressed funding, particularly to meet war-related without any access to VA mental maintenance and equipment needs, personnel needs. Veterans and their families cannot health care whatsoever. freezes, and stoppages on needed expansions. wait. The failure to intervene early increases Fixing these problems requires re- This amendment would help alleviate those dramatically the risk that war-related men- shortfalls. tal health problems will become more severe sources of at least $525 million. We We strongly urge the Senate to adopt the know this is a conservative estimate. and chronic in nature. As your amendment provisions in this important amendment. Let highlights, the time to act is now. Advocates believe that it would take us keep our part of the bargain. Established in 1909, the National Mental more than three times this amount to Sincerely, Health Association is the nation’s oldest and bring VA mental health care up to JANE E. FYER, largest advocacy organization dedicated to what it should be, but this amendment Chair, Veterans’ Council. all aspects of mental health and mental ill- gets us going down the right track. The ness. In partnership with our 340 state and NATIONAL MENTAL National Mental Health Association’s local Mental Health Association affiliates HEALTH ASSOCIATION, nationwide, NMHA works to improve poli- letter of support for this amendment Alexandria, VA, April 11, 2005. states that ‘‘. . . the nation has no cies, understanding, and services for individ- Hon. DANIEL K. AKAKA, uals with mental illness and substance abuse higher obligation than to heal its com- Ranking Minority Member, Committee on Vet- disorders. batants’ wounds, whether physical or erans Affairs, U.S. Senate, Hart Senate Of- Sincerely, mental, and it has long looked to the fice Building, MICHAEL M. FAENZA, M.S.S.W., VA health care system to carry out Washington, DC. President and CEO. DEAR SENATOR AKAKA: On behalf of the Na- that obligation. To date, however, tional Mental Health Association and our 340 Mr. AKAKA. The costs of the war we planning and budgeting for the VA affiliates across the country, we are writing are fighting today will continue to add health care system has been badly to offer our strong support for the Murray- up long after the final shot is fired, flawed and is failing America’s vet- Akaka VA health care amendment to the FY mainly in the form of veterans’ health erans, and particularly the growing 2005 Emergency Supplemental. We applaud care and benefits. numbers from war.’’ I ask for unani- the leadership you and Senator Murray are I urge my colleagues to join us in mous consent that the association’s providing in advancing this important initia- this effort to see that they are provided letter, as well as one from the National tive to enable the Department of Veterans the care they are currently earning. Affairs to meet veterans’ urgent health Alliance for the Mentally Ill, be print- needs, and particularly those of veterans The PRESIDING OFFICER. The Sen- ed in the RECORD. from Operations Iraqi and Enduring Free- ator from Mississippi. There being no objection, the mate- dom. Mr. COCHRAN. Mr. President, we ap- rial was ordered to be printed in the With a grueling war taking a frightening preciate the comments of the Senators RECORD, as follows: toll on our men and women in uniform, this from Hawaii and Washington con- NATIONAL ALLIANCE FOR THE nation faces a stern test: will it meet its ob- cerning the situation in our Veterans MENTALLY ILL (NAMI), ligations to its warriors? Surely the nation Affairs Department and the concerns Arlington, VA, April 11, 2005. has no higher obligation than to heal its that they expressed about returning combatants’ wounds, whether physical or Hon. DANIEL AKAKA, veterans who are now moving into the Hon. PATTY MURRAY, mental, and it has long looked to the VA U.S. Senate, health care system to carry out that obliga- VA system and questioning whether Washington, DC. tion. To date, however, planning and budg- there are sufficient funds available to DEAR SENATORS AKAKA AND MURRAY: On eting for the VA health care system has been take care of the needs in Veterans’ Ad- behalf of the NAMI Veteran’s Council, I am badly flawed and is failing America’s vet- ministration hospitals and other dif- writing to thank you for your support of an erans, and particularly the growing numbers ferent health care facilities throughout amendment to increase the veteran’s health returning from war. the country. care budget by $1.98 billion, with $525 million This important amendment squarely tack- The subcommittee that has jurisdic- earmarked for mental health enhancements. les the major funding gaps facing VA at this Like all Americans, we feel that caring for critical time. Among those gaps, it has long tion over veterans affairs held a hear- the men and women who serve our country is been clear that VA lacks sufficient capacity ing recently during which they ques- the commitment we make in return for their to meet veterans’ mental health needs. With tioned the Secretary of Veterans Af- sacrifices. It is critical that they know we carefully-researched studies documenting fairs on this subject. They were assured

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.006 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3455 that the Department is not in a crisis merits of the amendment. We have to proceed, and after I have completed requiring emergency appropriations. talked informally with her. the Senator from Idaho be permitted to The fact is, less than 1 percent of the At this time I hope the Senate will make his statement before we recess. veterans population is made up of new certainly consider the arguments that The PRESIDING OFFICER. Is there eligibles who are entering into the Vet- have been made by the Senators from objection? erans’ Administration system, and Hawaii and Washington. I respect their Mr. COCHRAN. I have no objection. most of those who are requiring health concerns. I know their concerns are The PRESIDING OFFICER. Without care assistance and hospital care are shared by other Senators. I share them. objection, it is so ordered. older veterans who have already been I don’t know of any Senator who wants The Senator from Massachusetts. in the system for a number of years. to come into the Chamber and vote Mr. KERRY. Mr. President, I thank Because of that, the Department has against an amendment to fund vet- the Senator from Mississippi. not asked for any emergency appro- erans programs. It is hard to go home AMENDMENTS NOS. 333 AND 334 EN BLOC priations to be included in this bill. and explain to veterans why you voted Mr. KERRY. Mr. President, I call up The administration says that sufficient against an appropriation for veterans amendments numbered 333 and 334. funds exist now in the Department of health care. The PRESIDING OFFICER. The Veterans Affairs budget to take care of What we are being told by the admin- clerk will report. this fiscal year’s needs. istration is the funds are not needed, The assistant legislative clerk read We are now in April and a new fiscal we have the funds available to care for as follows: year will begin in October and we are the veterans population. There may be The Senator from Massachusetts [Mr. already considering the request for the problems in the system that need the KERRY] proposes amendments numbered 333 and 3334 en bloc. administration for next year’s funding. attention of the administration and ad- We have had a budget resolution adopt- ministrators of individual health care Mr. KERRY. Mr. President, I ask ed. Some of these issues were raised centers and hospitals, and certainly unanimous consent that reading of the during the consideration of this issue they ought to be addressed and we urge amendments be dispensed with. by the Budget Committee. I think the that they are. But it is not a matter of The PRESIDING OFFICER. Without Senator from Washington offered an not having the money. If there are objection, it is so ordered. amendment to the budget resolution problems that need to be addressed we The amendments are as follows: along the lines that she is urging the can do that, but we are assured that (Purpose: To extend the period of temporary Senate to consider today, and the com- continuation of basic allowance for hous- none of the funds being asked for in ing for dependents of members of the mittee rejected the amendment. this amendment are needed for that Armed Forces who die on active duty) That committee reviewed the issue purpose. closely and they have included in the On page 169, between lines 8 and 9, insert Mr. President, awaiting the arrival of the following: budget resolution authority for funding other Senators, I suggest the absence EXTENSION OF PERIOD OF TEMPORARY CONTINU- for the fiscal year beginning next Octo- of a quorum. ATION OF BASIC ALLOWANCE FOR HOUSING FOR ber. This Senator’s amendment sug- The ACTING PRESIDENT pro tem- DEPENDENTS OF MEMBERS OF THE ARMED gests the funds appropriated in this pore. The clerk will call the roll. FORCES WHO DIE ON ACTIVE DUTY amendment, $1.9 billion, should be The legislative clerk proceeded to SEC. 1122. Section 403(l) of title 37, United made available until expended, which call the roll. States Code, is amended by striking ‘‘180 means not only is this a suggestion Mr. KERRY. Mr. President, I ask days’’ each place it appears and inserting that an emergency appropriation is unanimous consent that the order for ‘‘365 days’’. needed—although the amendment does the quorum call be dispensed with. (Purpose: To increase the military death gra- not say on its face it is an emergency The PRESIDING OFFICER (Mr. tuity to $100,000, effective with respect to appropriation—it sounds as if this is in BURR). Without objection, it is so or- any deaths of members of the Armed addition to this fiscal year’s budget dered. Forces on active duty after October 7, 2001) that will go on into next fiscal year. So Mr. KERRY. Mr. President, I ask On page 159, strike line 6 and all that fol- it is an amendment to this fiscal year’s unanimous consent that the current lows through page 160, line 22, and insert the following: funding authority as well as to the amendment be temporarily set aside so SEC. 1112. (a) INCREASE IN DEATH GRA- next fiscal year and the next. ‘‘Until we can take up two amendments quick- TUITY.— expended’’ is the way the amendment ly. (1) AMOUNT.—Section 1478(a) of title 10, reads. Mr. COCHRAN. Mr. President, reserv- United States Code, is amended by striking I am suggesting that the Senate ing the right to object, may I inquire of ‘‘$12,000’’ and inserting ‘‘$100,000’’. should look at the information we have the Senator? We were in the process of (2) EFFECTIVE DATE.—The amendments before us from the administration: The considering the amendment of the Sen- made by this subsection shall take effect on Secretary of Veterans Affairs, the De- October 7, 2001, and shall apply with respect ators from Washington and Hawaii on to deaths occurring on or after that date. partment of Defense, which is caring Veterans Affairs and funding for that (3) NO ADJUSTMENT FOR INCREASES IN BASIC for injured veterans now in the mili- Department. The chairman of the com- PAY BEFORE DATE OF ENACTMENT.—No adjust- tary hospital system. These are not mittee has arrived on the floor to ment shall be made under subsection (c) of veterans hospitals, where those who speak to that amendment. I had told section 1478 of title 10, United States Code, have been injured in Iraq or Afghani- the Senator from Massachusetts I with respect to the amount in force under stan are being cared for. Some may would have no objection to offering his subsection (a) of that section, as amended by later be cared for there, and may be amendment and then setting it aside. paragraph (1), for any period before the date of the enactment of this Act. later cared for as part of the veterans I inquire: How much time will Sen- (4) PAYMENT FOR DEATHS BEFORE DATE OF system. But those who are returning ator KERRY require? ENACTMENT.—Any additional amount payable now are at Walter Reed Hospital or Mr. KERRY. Seven minutes very as a death gratuity under this subsection for other hospitals in the Department of quickly, and then I am happy to set the death of a member of the Armed Forces Defense system. those aside. before the date of the enactment of this Act I am not the person in charge of the Mr. COCHRAN. Is there a problem shall be paid to the eligible survivor of the Veterans’ Affairs Committee who mon- with the Senator from Idaho? member previously paid a death gratuity itors veterans’ needs on a regular basis. Mr. CRAIG. How long does the Sen- under section 1478 of title 10, United States The Senator from Idaho, Mr. CRAIG, is ator plan to speak? Code, for the death of the member. If pay- chairman of that committee. I have ment cannot be made to such survivor, pay- Mr. KERRY. Seven minutes. ment of such amount shall be made to living discussed the amendment with him. I Mr. CRAIG. I would like to make my survivor of the member otherwise highest on expect he wants to be heard on the comments. I think we are under unani- the list under 1477(a) of title 10, United amendment. The Senator from Texas, mous consent to close down at 12:30. States Code. Mrs. HUTCHISON, is chair of the appro- Mr. COCHRAN. The Senator is cor- On page 161, line 23, strike ‘‘$238,000’’ and priations subcommittee that has juris- rect. insert ‘‘$150,000’’. diction over the Veterans Affairs fund- Mr. KERRY. Mr. President, I ask Mr. KERRY. Mr. President, many of ing, and she is available to discuss the unanimous consent that I be permitted us in the Senate have had the privilege

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.027 S12PT1 S3456 CONGRESSIONAL RECORD — SENATE April 12, 2005 of traveling to Iraq where we have vis- the same for our soldiers. Their sur- that becomes entirely disruptive often ited some of the most remarkable vivors’ lives remain to be lived, and with respect to the school district kids young men and women our country has though no one can ever put a price on are able to go to, and it is a very dif- produced. We have met with hundreds the loss of a loved one, it is important ficult burden in many cases for widows of American soldiers, airmen, Marines for us to be as generous as we can and and widowers to have to try to con- and naval personnel, all of whom are as realistic as we can as we help people front all of the difficulties of that tran- doing a magnificent job under, obvi- to be able to put their lives back to- sition, including the efforts of finding ously, very difficult conditions. I sup- gether. I was heartened when the ad- housing. The 180 days may mean start- port this supplemental bill and for the ministration embraced a formula to ing a school year in one State and fin- obvious reasons. reach the $500,000 threshold, and I am ishing it in another. I don’t believe The election and increased training glad the Appropriations Committee has that is a message we ought to be ex- and the clarity of a plan that has been included a benefit increase in this par- tending to the families of those who put forth and the increased effort of ticular bill, but the bill needs to go fur- give their lives in service to our coun- the Iraqis themselves combined provide ther and eliminate any distinction be- try. an important opportunity for the tween combat and noncombat deaths. Given all of the disruption the loss of transformation of Iraq. It is obviously This is important for a number of dif- a parent brings to their lives, I propose vital in these circumstances to make ferent reasons. allowing survivors the option to keep sure our troops have the ability to be First of all, the benefit, as matter of their housing for a whole year as they deal with the countless other chal- safe but to also be able to get the job principle, ought to go to any American lenges. It may seem like a small done. We have always said that. But who loses their life while serving our change, but I have heard from enough also I believe we need to do more. Sup- country, and we shouldn’t draw a dis- different folks on active duty in the porting the troops means not just sup- tinction between that kind of service. military about the significance of this porting them in the field and in the The fact is that the uniformed leader- particular need, and it can make a theaters, but it also means supporting ship of our military doesn’t believe we huge difference for a family who is them here at home. It means under- should, either. struggling with the loss of a father or standing that their lives, both as war- GEN Richard Myers, Chairman of the riors fighting for their Nation and as a mother. Joint Chiefs of Staff, testified on this Investing in our military families is spouses, parents, brothers, sisters, sons matter before the Armed Services not just appropriating the money for and daughters struggling to see that Committee, and a number of other the equipment or the latest technology the needs of their families are met— leaders. Let me share with colleagues. for the deployment itself, it is invest- the fact is that too many military fam- GEN Richard Cody said: ing in the families themselves. And it ilies suffer when duty calls. Thousands It is about service to this country, and I is not as an act of compassion, it is a of reservists take a very significant think we need to be very careful about mak- smart investment in America’s mili- pay cut when they are called up. Sud- ing decisions based upon what type of action. tary. Good commanders know that I would rather err on the side of covering all denly, single parents are left to strug- while you may recruit an individual gle with the bills. One in five members deaths rather than trying to make a distinc- tion. soldier or marine, you retain a whole of the National Guard don’t have any family. That is the way we ought to Admiral Nathman said: health insurance at all. That is dev- look at our policies. astating to their families. It is dam- This has been about how do we take care of Nearly 50 percent of America’s serv- aging to troop readiness. the survivors, the families and the children? ice members are married today. If we I believe that everyone here under- They can’t make a distinction, and I don’t think that we should either. want to retain our most experienced stands the simple tenet that the Gov- service members, particularly after we ernment has to keep faith with our GEN Michael Moseley of the Air have invested millions of dollars in troops. To do that we need to put in Force said: their training, then it is important— place a comprehensive military family I believe a death is a death and our service especially for the noncommissioned of- bill of rights that puts action behind men and women should not be represented ficers who are the backbone of the that way. the promise to support our troops. I un- military—that we keep faith with their derstand that the supplemental bill is —i.e, they shouldn’t be distinguished families. If we don’t, and those experi- not the place to ask for the full consid- as to where it took place. enced enlisted leaders begin to leave, eration of that military family bill of If you are a pilot flying in the Navy we as a nation are weakened. rights, so I am not going to propose the off an aircraft carrier and you are not The two amendments I have proposed entire bill as an amendment here. But in combat and you have a catapult fail- today are the beginning of a larger ef- I am bringing two amendments to the ure and die, that family faces the same fort to do right by our military fami- floor that are broken out of this bill of crisis as a family of somebody who is lies. I believe it is a strong beginning. rights that I believe we could all agree shot down. We need to understand that. By joining measures to take care of on and which would make an enormous I’m glad the bill addresses that situa- military families at home with legisla- difference in the lives of our soldiers. tion, but there are other circumstances tion to take care of those remarkable In agreeing to these, we can take an it does not. young men and women serving abroad, important step in demonstrating our GEN William Nyland of the Marine we are going to take a firm step toward support for a military family bill of Corps said: putting meaning behind the promise to rights which is long overdue. I think we need to understand that before support our troops. I hope these a- More than a year ago, I proposed in- we put any distinctions on the great services mendments are agreed to. creasing the benefits paid to surviving of these wonderful men and women, they are I yield to the Senator from Idaho. military families to $500,000 through all performing magnificently. I think we The PRESIDING OFFICER. The Sen- existing insurance benefits and an in- have to be careful about drawing any distinc- ator from Idaho is recognized. tions. crease in the death gratuity. I am not AMENDMENT NO. 344 alone in this effort. Members on both The amendment I offer today with Mr. CRAIG. Mr. President, I thank sides of the aisle have introduced legis- Senators PRYOR and OBAMA expands the Senator from Massachusetts for his lation to improve these benefits, and this benefit to every member of the cooperation in the unanimous consent with very good reason. Armed Forces who dies on active duty. propounded that allows me the flexi- Today, families receive only $12,420 I have a second amendment at the bility to speak. I will be brief. We are to supplement whatever insurance a desk to help military families lessen at the lunch hour. loved one may have purchased. That the disruption that a death brings to The chairman of the appropriations $12,420 is completely inadequate. In the family. subcommittee on MILCON and Vet- fact, it is a disgrace. We do right by At the present time, the survivors of erans Affairs is also on the floor with our fallen police officers and fire- those killed in action have to move out me. Let me speak for a moment about fighters in America. Their families re- of military housing in 180 days. But for the concerns we have in relation to the ceive $275,000, and it is time that we did those with young children in school, Murray amendment.

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.030 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3457 First and foremost, let me say for the Senate. I ask unanimous consent we partment of Defense, not in Veterans record that in no way do I question the extend to no later than 12:45. Affairs. We have to look at how many integrity of the Senator from Wash- The PRESIDING OFFICER. Without people are returning and how many ington. She and I have worked very objection, it is so ordered. people actually go into the VA system, closely together on veterans issues. Mr. CRAIG. Mr. President, I have how many people actually are leaving She is a valuable member of the Vet- given a figure of $41,000 per patient. the military service. The number erans Committee, as is the Presiding That is an extraordinary amount by comes down significantly. We have to Officer. any measure. The VA’s average cost look at this number. Without question, our dedication to per patient is about $5,000. All Members have the same goal, veterans I hope is unquestioned. The My point in making this an issue is I that we are going to ask for the reality is are we dealing with an emer- want to work with the Senator from amount of money we need to give the gency in an emergency supplemental, Washington. I am never going to argue medical care to our returning service or is there a very real need out in vet- that there aren’t real needs in the Vet- men and women and to people leaving erans land and with the Veterans Ad- erans’ Administration. I am not going the military. That is why I asked the ministration and the systems that it to argue that there ought to be some question of our Secretary of Veterans funds and operates to meet current vet- priorities—mental health and those Affairs, Do you have enough? Then I erans’ and incoming veterans’ needs? I things that the Senator from Wash- further asked if the 2006 budget was say certainly without question that ington and I have shared as a common adequate for the returning veterans. there is always a need. We could ex- interest and a common concern. The response was, yes. pand budgets well beyond where they Let me yield time to the Senator I certainly want to do everything we are today to meet needs, but by what from Texas. She will take a few mo- need to do for the purpose of providing definition? Critical, necessary, impor- ments and give the Senator from Wash- the care these veterans who have tant for the moment, dealing with the ington adequate time to respond before served our country, who are protecting most needy veterans, the most handi- the 12:45 time. freedom, deserve from our Government. capped, or simply spreading it out and I am willing to work with the Sen- But we have to look at the fact that is making it more available? ator from Washington, to examine her an emergency not in the 2006 budget. Those are some of the tough choices numbers, but a $1.98 billion or $2 billion That would start October 1 of this year. you and I and members of that sub- bump-up to be spent before close of Then we need to look further down the committee and certainly members of business in September—I am getting road at that budget, which our com- the subcommittee on appropriations signals from the Senator we are deal- mittee certainly intends to do. have to make. The Senator from Wash- ing with a 2-year appropriation. Let’s I yield the floor. ington has appropriately challenged us look at those numbers. The PRESIDING OFFICER. The Sen- to look at a variety of other aspects I close by saying, in my opinion, ator from Washington. that have value. The question is, Are there is not an emergency in the VA. Mrs. MURRAY. I ask for regular they an emergency at the moment? Do This is an emergency supplemental. I order. they serve veterans who are not being will work with the Senator to see The PRESIDING OFFICER. The Sen- served? In some instances, that would where we might go. It is wrong in an ator’s amendment is now pending. be arguably yes. But are those veterans emergency to talk about things that AMENDMENT NO. 344, AS MODIFIED of critical service in the sense they can are long term in character and nec- Mrs. MURRAY. I send a modification find health care elsewhere in the sense essary to finance. to the desk on our amendment. of priority? I yield the floor. The PRESIDING OFFICER. The Let me talk briefly about what we The PRESIDING OFFICER. The Sen- amendment is so modified. are doing. We have just finished trying ator from Texas. The amendment (No. 344), as modi- to shape through a budget resolution Mrs. HUTCHISON. Mr. President, as fied, is as follows: the 2006 budget. We included $450 mil- the chairman of the Veterans’ Admin- On page 188, after line 20, add the fol- lion more than the President’s request, istration appropriations committee, I lowing: and we have increased the 2006 budget certainly want to look further at Sen- CHAPTER 5 over the 2005 budget by about $1.2 bil- ator MURRAY’s numbers, but adding al- DEPARTMENT OF VETERANS AFFAIRS lion—a substantial increase by any- most $2 billion to the Department of VETERANS HEALTH ADMINISTRATION body’s observation. We have also done Veterans Affairs for the next 6 months, MEDICAL SERVICES that without turning to veterans in the we have to look very carefully where For necessary expenses for furnishing, as less needy categories and saying they we would spend that money and what authorized by law, outpatient and inpatient will have to pay more for their serv- the emergency nature of the request is. care and treatment to beneficiaries of the ices. We have been able to assume and In fact, we had our appropriations Department of Veterans Affairs and veterans bring into the system a good deal of hearing with the Veterans’ Administra- as described in paragraphs (1) through (8) of that, which is important. tion Secretary. I asked the Secretary section 1705(a) of title 38, United States Code, including care and treatment in facili- I find the number of $1.98 billion ad- specifically—we would certainly be looking at supplemental appropria- ties not under the jurisdiction of the depart- ditional, not spread out over fiscal year ment and including medical supplies and 2006 but spent now in 2005 and the bal- tions in the near future; then we would equipment and salaries and expenses of ance of 2005 in this emergency, a dra- be looking at our full budget for next health-care employees hired under title 38, matic increase. Can the Veterans’ Ad- year—I asked if there were enough re- United States Code, and to aid State homes ministration effectively and respon- sources to meet the needs of all return- as authorized under section 1741 of title 38, sibly spend that kind of a bump up in ing veterans from Iraq and Afghanistan United States Code; $1,975,183,000 plus reim- money? I question that. for the current year, 2005. The Sec- bursements: Provided, That of the amount It is important to look at what is retary said, yes, the VA does have the under this heading, $610,183,000 shall be avail- necessary resources in 2005 to continue able to address the needs of servicemembers necessary. According to VA, they have deployed for Operation Iraqi Freedom and seen approximately 48,000 OIF and OEF meeting the needs of all returning vet- Operation Enduring Freedom; Provided fur- veterans since the war began. With erans from Iraq and Afghanistan. ther, That of the amount under this heading, Senator MURRAY’s $2 billion, it would The key is when people return from $840,000,000 shall be available, in equal be $41,000 per patient, an extraordinary Iraq and Afghanistan, we want to make amounts of $40,000,000, for each Veterans In- amount by any measure. sure their medical needs are met. That tegrated Service Network (VISN) to meet The PRESIDING OFFICER. Would is something we all share. Most of the current and pending care and treatment re- the Senator suspend? Would the Sen- people returning from Iraq and Afghan- quirements: Provided further, That of the istan are still in the Department of De- amount under this heading, $525,000,000 shall ator request unanimous consent to ex- be available for mental health care and tend past 12:30? fense. They are either on active duty or treatment, including increased funding for Mr. CRAIG. Mr. President, I ask they are activated as Guard and Re- centers for the provision of readjustment unanimous consent I be allowed to con- serve. The bulk of them are still treat- counseling and related mental health serv- tinue. There are three Members in the ed for their medical needs in the De- ices under section 1712A of title 38, United

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.032 S12PT1 S3458 CONGRESSIONAL RECORD — SENATE April 12, 2005 States Code (commonly referred to as ‘‘Vet I clarify, the money in this bill will Additionally, the GAO report found Centers’’), including the staffing of certified be used until it is expended. It does not that ten of the recommendations are family therapists at each center, increased have to be expended this year. It will longstanding, as they are consistent funding for post traumatic stress disorder be used until expended, allowing our with those made in the Special Com- (PTSD) programs, including funding to fully veterans and our veteran services to staff PTSD clinical teams at each Veterans mittee’s first report in 1985. VA agreed Affairs Medical Center and to provide a re- put in place facilities they need for our then that these recommendations gional PTSD coordinator in each VISN and men and women coming home. would improve the provision of PTSD in each Readjustment Counseling Service re- I close at this time, and I will work services to veterans, yet the changes gion, funding for the provision of primary with Senators from Idaho and Texas still are not scheduled for full imple- care consultations for mental health, fund- and the chairman of the Appropria- mentation for another two years at the ing for the provision of mental health coun- tions Committee because I believe this earliest. These delayed initiatives in- seling in Community Based Outreach Cen- is an emergency. I believe we have a re- clude developing a national PTSD edu- ters (CBOCs), and funding to facilitate the sponsibility. I will make sure our vet- cation plan for VA, improving VA col- provision of mental health services by De- erans get the care they need. laboration with DoD on PTSD edu- partment of Veterans Affairs facilities that I yield the floor. do not currently provide such services: Pro- cation, and providing increased access Mr. AKAKA. Mr. President, the De- to PTSD services. vided further, That the amount under this partment of Veterans Affairs has been heading shall remain available until ex- PTSD is caused by an extremely pended: Provided further, That the amount a recognized leader in the treatment of stressful event and can develop years provided under this heading is designated as Post-Traumatic Stress Disorder, after military service. Mental health an emergency requirement pursuant to Sec- PTSD. With its outreach efforts and experts estimate that the intensity of tion 402 of the conference report to accom- expert mental health staff, VA has warfare in Iraq and Afghanistan could pany S. Con. Res. 95 (108th Congress). made great strides in its treatment of cause more than 15 percent of service- Mrs. MURRAY. Mr. President, let me those suffering from the psychological members returning from these con- make a couple of comments. I thank wounds of war. Unfortunately, VA still flicts to develop PTSD, with a total of the Senators from Idaho and Texas for has a long way to go before it will nearly 30 percent needing some kind of achieve the level of PTSD treatment working with us on this critical issue. mental health treatment. While there our veterans deserve. Demonstrating I know both of them have worked very is no cure for PTSD, these experts be- this fact is a February 2005 GAO report, long and hard on veterans issues and lieve early identification and treat- which found that VA has not fully met care deeply about making sure the men ment of PTSD symptoms may lessen any of the 24 clinical care and edu- and women who serve are taken care of their severity and improve the overall cation recommendations made in 2004 when they return home, as we prom- quality of life for individuals with this ised. by VA’s Special Committee on PTSD. Titled ‘‘VA Should Expedite the Im- disorder. Let me remind everyone, of the Congress required the establishment plementation of Recommendations 240,000 men and women separated from of VA’s Special Committee on PTSD in Needed to Improve Post-Traumatic our services since the beginning of the 1984, with the original purpose pri- war in Iraq, 50,000 have already asked Stress Disorder Services,’’ this report raises serious concerns about VA’s marily to aid Vietnam-era veterans di- the VA for services. Many more of agnosed with PTSD. One of the Special them will continue to do that as they ability to treat our veterans’ mental health. In fact, I would like to quote Committee’s main charges is to carry come home and as they get back into out an ongoing assessment of VA’s ca- their homes and look for services, espe- one of the report’s most disturbing points: ‘‘VA’s delay in fully imple- pacity to diagnose and treat PTSD and cially mental health services, as all to make recommendations for improv- know who have worked with veterans menting the recommendations raises questions about VA’s capacity to iden- ing VA’s PTSD services. for a long time. In addition, a March 20, 2005, article tify and treat veterans returning from This is an emergency. If any Mem- the Iraq and Afghanistan conflicts who in the Los Angeles Times pointed out bers work with veterans in our States, may be at risk for developing PTSD, how concerned veterans’ advocates and talk to our directors at home, and talk while maintaining PTSD services for even some VA psychiatrists are with with soldiers who have returned home, veterans currently receiving them.’’ VA’s handling of PTSD services, saying we will realize the long lines they are Further adding to the seriousness of VA hospitals are ‘‘flirting with dis- waiting in, the clinics that were prom- this statement is that GAO reported in aster.’’ The article highlighted the sit- ised that have not been opened, the tre- September 2004 that officials at six of uation at the VA Greater Los Angeles mendous services that are not being seven VA medical facilities said they Healthcare System, specifically the provided. may not be able to meet an increased Los Angeles VA hospital, which last As I discussed in my opening state- demand for PTSD services. Moreover, year closed its psychiatric emergency ment, beds are held together by duct the Special Committee reported in 2004 room. A decade ago, VA hospitals in tape in our facilities. This is not how that ‘‘VA does not have sufficient ca- Los Angeles had rooms to treat 450 we should be treating our veterans. It pacity to meet the needs of new com- mentally ill patients each day. After a is an emergency because more veterans bat veterans while still providing for series of cutbacks and consolidations, return in higher numbers with the care veterans of past wars. however, the main hospital can now ac- not available for them. This is further proof of the need for commodate only 90 veterans overnight I am willing to work with the Sen- increased funding for VA health care. If in its psychiatric wards. During the ators from Idaho and the Senators we do not give VA the necessary funds, same 10-year period, the overall num- from Texas over the next several hours, how can we expect it to properly care ber of mental health patients treated or whatever it takes to come up with a for the flux of new veterans when it by the VA Greater Los Angeles in- number. If they believe $1.98 billion is cannot even care for those it currently creased by about 28 percent, to 19,734 too high, I would like to talk to them treats? In fact, VA officials have cited veterans in 2004. If this is how VA han- about that. We can work together. I resource constraints as the primary dles PTSD care for our veterans at the know both care about this issue, and reason for not implementing many of Nation’s largest VA hospital, how does we want to find a way to make sure our the Special Committee’s recommenda- that bode for the rest of the nation? veterans are taken care of. tions. VA must make strides in its provi- I remind everyone when we send our In all, GAO found that based on the sion of mental health services and out- men and women overseas, one of the time frames in VA’s draft mental reach efforts to servicemembers re- promises we make to them is we will health strategic plan, 23 of the 24 rec- turning from Iraq and Afghanistan. If have the care available when they re- ommendations may not be fully imple- we are not careful and do not give VA turn. When we have veterans who are mented until fiscal year 2007 or later. proper resources, progress will be im- in beds that are held together by duct The remaining recommendation is tar- possible. As Ranking Member of the tape, when we have veterans who have geted for full implementation by fiscal Committee on Veterans’ Affairs, I will to endure long waiting lines for simple year 2005, 4 years after the Special work to ensure that does not happen. services, that is an emergency. Committee first recommended it. As such, I am pleased to tell you that

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.009 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3459 today I am offering an amendment to the VA Greater Los Angeles increased by chiatric beds have been cut. Nor, he said, the Supplemental to partially fix this about 28 percent, to 19,734 veterans in 2004. have there been significant increases in sui- problem. Our Nation’s veterans deserve The VA hospital in Los Angeles, the larg- cides or veterans showing up at non-VA hos- the best care possible, for both their est veterans hospital in the nation, treats pitals for care. 80,000 veterans annually with a budget of physical wounds and mental. ‘‘Veterans very much preferred coming in more than $450 million. It includes the hos- and being in a supportive environment for an I ask unanimous consent that the ar- pital, nursing homes, a domiciliary, three extended period of time,’’ Rosenheck said. ticle from the Los Angeles Times be main outpatient care sites and 10 community But ‘‘when you look at objective outcomes, printed in the RECORD. clinics. There are an estimated 510,000 vet- we don’t see scientific evidence of adverse ef- There being no objection, the mate- erans in Los Angeles County alone. fects’’ because of the cutbacks. rial was ordered to be printed in the VA officials say that despite the cutbacks, Even so, veterans’ advocates and psychia- RECORD, as follows: the Los Angeles VA hospital offers more trists have been complaining for years about mental health services today than ever. In- [From the Los Angeles Times, Mar. 20, 2005] cutbacks at the Greater Los Angeles VA. stead of keeping patients in locked wards For many, the final straw came in May MENTAL HEALTH CARE FOR VETERANS DIS- overnight, the VA offers them outpatient PUTED; WHILE NEED HAS GROWN, INPATIENT when the hospital closed the psychiatric programs and temporary accommodations in emergency room and shifted mental health SERVICES HAVE BEEN DRASTICALLY CUT IN partnership with nonprofit groups, officials emergencies to the main ER. Troubled pa- THE LAST DECADE. say. tients are now cared for by nurses and other CRITICS SAY OUTPATIENT PROGRAMS CAN’TDO ‘‘It’s not like we went into a hospital that staff who, according to the critics, are not THE JOB. was fully occupied and we said, ‘We don’t adequately trained to handle psychiatric need this unit anymore,’’’ said Dr. Andrew (By Charles Ornstein) emergencies. Shaner, the hospital’s acting director of As troops return from Iraq and Afghani- Critics point to several instances since the mental health. ‘‘We built programs that kept stan—including thousands with combat-re- transition in which psychiatric patients were people relatively well and therefore out of lated mental disorders—they enter a Vet- admitted to inpatient wards without any the hospital, and that’s why we were able to erans Affairs healthcare system sharply di- written orders or treated with disrespect by do it.’’ vided about how to care for them. ER nurses who didn’t understand their dis- The question remains: Are the current of- In the last decade, veterans hospitals orders. At least one female patient with ferings enough? across the country have sharply reduced the PTSD attempted suicide. A report last fall by the U.S. Government number of inpatient psychiatric beds, replac- ‘‘This is a dangerous situation,’’ said Guy ing them with outpatient programs and Accountability Office cited estimates that 15% of service members stationed in Iraq and Mazzeo, a veteran and member of the L.A. homeless services. mental health consumer advisory council. The new offerings, officials say, cost less Afghanistan would develop post-traumatic stress disorder. As of December, about 1 mil- ‘‘None of us’’ was consulted before the and are just as effective. change, he said, referring to advocates for ‘‘It used to be with mental illness that lion troops had spent time in one of the two war zones (about one-third have done more veterans and the VA’s outside advisory once you got it, you never got rid of it,’’ said groups. And none agree with it, he said. Dr. Mark Shelhorse, a national VA mental than one tour). The veterans and their doctors have been health official. But ‘‘mental illness is per- The GAO determined that the VA did not joined in their criticism by Rep. Henry A. ceived as a disease now just like hyper- have enough information to know if it could Waxman (D-Los Angeles), whose district in- tension and diabetes. We have medicines to meet the increased demand. cludes the VA health center. treat it. We know that people recover and Shelhorse, the VA’s acting deputy consult- lead fully normal lives.’’ ant for patient care services for mental He asked the VA in January to hire a full- But veterans’ advocates and even some VA health, said the agency is monitoring the sit- time psychiatrist for the emergency room psychiatrists say the hospitals, including the uation carefully and is pumping millions of and arrange for specially trained psychiatric massive Veterans Affairs Greater Los Ange- dollars into mental health programs. nurses to work there, among other things. les Healthcare System, are flirting with dis- The shift from inpatient to outpatient The VA declined his requests. aster. They say the facilities are ill-equipped mental health services has become a con- ‘‘I’m disappointed that the VA has not re- to deal with veterans who need the most ex- troversial issue throughout the VA system. sponded more aggressively,’’ Waxman said in tensive help for psychosis, substance abuse, A 1996 federal law prohibits the VA from re- an interview. ‘‘With Iraq and Afghanistan suicidal impulses and post-traumatic stress ducing specialized treatment and rehabilita- war veterans returning, these demands are disorder. tion for disabled veterans, including mental only going to increase.’’ Last year, the Los Angeles hospital closed health services. VA officials say the criticism is unfair. its psychiatric emergency room, a move that A VA committee has found that the agency Care in the main ER is more coordinated heightened the anger of the VA’s critics. hasn’t abided by that law. While VA hos- than the care given in the stand-alone psy- ‘‘We were too easily swayed in the past by pitals may be treating more mentally ill pa- chiatric emergency room, they say. Patients the argument that after a while, it [PTSD] tients, they aren’t spending as much money can get their medical and mental problems will go away,’’ said Jay Morales, a Vietnam doing so. At the West Los Angeles VA, the treated in one place, instead of having to be veteran who chairs the mental health con- amount spent on mental health has de- shuttled between two. sumer advisory council at the Los Angeles creased from $74 million in fiscal 1997 to $64.4 Administrators say ER staff members have hospital. ‘‘But there are Vietnam vets walk- million in fiscal 2003, according to a national received extensive training. And they say ing around today, 30 years after the war monitoring system. that there’s no evidence that patients are re- ended, having these problems.’’ Experts disagree on whether outpatient ceiving inferior care. Dr. William Wirshing, a psychiatrist for 23 care can replace inpatient treatment. Dr. Dean Norman, the hospital’s chief of years at the Greater Los Angeles VA, agreed. ‘‘I don’t think that intensive community staff, said the closure of the psychiatric ER ‘‘It’s absurd how much they’ve cut—and it’s treatment can take care of all the people made sense because the number of patients absurd how much they continue to cut,’’ he that no longer have the availability of inpa- using it had been decreasing for years, and said. tient beds,’’ said Dr. H. Richard Lamb, a psy- the hospital did not have enough staff. A decade ago, VA hospitals in Los Angeles chiatry professor at USC. ‘‘One of our goals is to be good stewards of had rooms to treat 450 mentally ill patients Lamb said the trend has led to an increase taxpayer dollars,’’ Norman said. ‘‘We didn’t each day. After a series of cutbacks and con- in homeless mentally ill and those in jails. make this in a precipitous or reckless fash- solidations, the main Wadsworth hospital on But Dr. Robert Rosenheck, director of the ion. This was well thought out, and we had Wilshire Boulevard can now accommodate VA’s Northeast Program Evaluation Center, good reasons for doing this.’’ only 90 veterans overnight in its psychiatric said changes in the VA system have not pro- wards. duced those results. Mrs. BOXER. Mr. President, I am During the same 10-year period, the overall Studies, he said, have not shown an in- pleased to join Senator MURRAY in co- number of mental health patients treated by crease in jailed veterans after inpatient psy- sponsoring this important amendment

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.066 S12PT1 S3460 CONGRESSIONAL RECORD — SENATE April 12, 2005 to increase veterans health care fund- I am troubled because they are re- the war, service members returning ing. We owe it to our veterans, who turning to a veterans health care sys- from Iraq and Afghanistan understand have so bravely served our country, to tem that is underfunded and overbur- that it is very important for their men- give them the best medical care pos- dened. Increasing health care costs and tal health and the well-being of their sible. It is disappointing that funding an influx of thousands of new veterans family, that they deal with both the for veterans programs, especially vet- each month makes it essential that we mental effects of the war and the emo- erans health care, has not kept pace do what we can to provide for veterans tional effects on their families of a with either the increased number of health care, and we do it now. long and stressful separation. Vet cen- veterans in the system or medical in- This amendment would enable the ters exist all across the country to help flation. This amendment is crucial to VA to absorb the new veterans being veterans and their families deal with providing veterans with the services added to the system and would reverse the ghosts of war and manage the tran- they have earned. many of the critical budget shortfalls sition back home. These centers do a As I have talked to veterans in Cali- that have left many VA facilities with- phenomenal job, but they are generally fornia—and as I have met with return- out the medical staff or equipment very small and have been handling a ing soldiers from Iraq and Afghani- they desperately need. It would also limited case load. With veterans re- stan—I have come to one disturbing provide $40 million for every veterans turning from Iraq in huge numbers, conclusion: we are not serving all of regional network so they can better particularly members of the National the needs of our veterans now and we meet their local needs. Guard and Reserve who do not live on are not prepared to serve the tens of My father fought in Korea and I was or near military bases the job of the thousands of veterans who will be re- raised from an early age to have tre- Vet centers has increased more than a turning over the next couple of years. mendous respect for the unselfish serv- hundred-fold. The Vet centers need an Senator MURRAY’s amendment begins ice of the men and women of the Armed increase in both staff and resources to address this situation. It will in- Services. As a United States Senator, I commensurate with the demands now crease veterans health care funding by believe we have an obligation to pro- placed upon them. almost $2 billion. This includes $610 vide them with the health care they We have learned from prior wars that million for new veterans returning were promised and to honor the bene- from Iraq and Afghanistan. Funding for much can be done to ease the transi- fits they have earned. I urge my col- tion back to civilian life if it is done these veterans is not included in the leagues to support this amendment be- current VA budget. In addition, each of immediately. Immediate mental health cause it is the right thing to do, it is the 21 veterans regions will receive $40 care can prevent the onset of more dif- our moral responsibility, and it should million to address their budget short- ficult diagnoses, such as post trau- be a priority for each and every one of falls. This will allow each region to de- matic stress disorder. The VA has de- us. veloped expertise in the diagnosis and termine how the funds can best be used Mr. JEFFORDS. Mr. President, the treatment of PTSD, well beyond that to benefit their veteran population. Bush administration has decided that I am especially pleased that this of the private sector. The challenge all funding for the conflicts in Iraq and amendment includes funding des- now is to spread this expertise Afghanistan be requested as supple- ignated for veterans mental health throughout the VA system. This takes mental emergency funding. I believe, care. Specifically, $525 million is des- resources. We also have learned that therefore, that we must include in this ignated to expand mental health serv- those soldiers who have suffered phys- supplemental funding legislation, addi- ices, with $150 million targeted for the ical wounds will often need ongoing tional monies to cover the cost of the treatment of Post Traumatic Stress mental health assistance to face the war incurred by the Veterans Adminis- Disorder—PTSD. The VA has esti- challenges of life with a disability. We tration. mated that 30 percent of men and must not turn our backs on them. women currently serving in the Armed The President’s budget did not re- quest sufficient funding to cover the The bill before the Senate is designed Forces will need treatment for mental to cover the costs of these two con- illness or readjustment issues. That is significant increases in medical costs of veterans wounded in Iraq and Af- flicts. We cannot say we have done so if why this funding is so critical. we do not cover the costs of the phys- This amendment has the support of ghanistan. While severely wounded ical and emotional wounds from these many veterans organizations, including service members are remaining longer conflicts. The only way that this can the Veterans of Foreign Wars, in the Department of Defense health be done with the funding provided by AMVETS, Disabled American Vet- care system than in past conflicts, the the President’s budget is if our obliga- erans, and Paralyzed Veterans of VA provides all care for these men and America. They realize, as I do, how women after they are released from the tions to other veterans are set aside. crucial it is that this funding be made military, and provides care to Guard This would be wrong. The only way we available. Without it, the VA will not members and Reservists beginning im- can truly honor our obligations to all be able to meet the needs of the men mediately after they return home from of our veterans is to support the and women who have so bravely served a deployment. amendment by the Senator from Wash- our country. I urge my colleagues to We must cover these expenses. We ington, Mrs. MURRAY. support this amendment. cannot turn away these veterans. We I urge my colleagues to support the Mrs. LINCOLN. Mr. President, today, also cannot turn away other veterans Murray amendment. I rise in support of an amendment to and deny them care in deference to the the emergency supplemental to provide newest veterans. That would not be f an additional $1.98 billion for veterans right either. I am pleased to join Senators MUR- health care. I am a cosponsor of this RECESS amendment because I believe that RAY and AKAKA in offering this amend- when we talk about the costs of war, ment to provide $1.9 billion in addi- Mr. COCHRAN. I ask unanimous con- we cannot forget the brave men and tional funding to the Veterans Admin- sent we stand in recess under the pre- women who are returning from war istration. Passage of this amendment vious order. every single day. would go a long way to covering exist- The PRESIDING OFFICER. Under In the past couple months, my home ing shortfalls and allowing the VA to the previous order, the hour of 12:30 State of Arkansas has seen the return ramp up to meet the current and ex- having arrived, the Senate will stand of over 3,000 brave men and women pected needs for the coming year. I am in recess until 2:15 p.m. from the Army National Guard, who pleased that this amendment addresses answered their Nation’s call to serve in the critical issue of mental health by Thereupon, the Senate, at 12:39 p.m., Operation Iraqi Freedom. Many of providing $525 million specifically for recessed until 2:15 p.m. and reassem- them will need ready access to health mental health care and treatment. bled when called to order by the Pre- care as they attempt to transition Unlike prior wars, where soldiers siding Officer (Mr. VOINOVICH). back to the civilian lives they knew be- were expected to lay down their guns The PRESIDING OFFICER. The Sen- fore the war. upon returning home and forget about ator from Mississippi.

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.047 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3461 EMERGENCY SUPPLEMENTAL AP- The PRESIDING OFFICER. The mo- I want to refer back to a time when PROPRIATIONS ACT, 2005—Contin- tion to waive is debatable. we held a hearing with the Secretary of ued The Senator from Mississippi. Defense. My colleague, Senator MUR- Mr. COCHRAN. Mr. President, there AMENDMENT NO. 344, AS MODIFIED RAY, was at that hearing. She asked Mr. COCHRAN. Mr. President, it is is some confusion on my part. I some questions, and other colleagues my intention to make a point of order thought the Senators were going to de- did, and I did, about this issue of in connection with the amendment bate this, but there was a suggestion health care, health care for soldiers that we could agree on a time for a that has been offered by Senators MUR- and health care for veterans. One of the vote on the motion to waive the Budg- RAY and AKAKA. But I do not want to questions we asked was, What is the do that if they are not here on the et Act. So I inquire of Senators wheth- continuum here between a soldier and floor. I will wait to give them an oppor- er that is the feeling on the other side. a veteran? tunity to make any statements or mo- We would be willing to enter into an I would guess all of us in this Cham- tions they may deem appropriate. So I agreement for a vote to occur at a time ber have driven to Bethesda Naval Hos- do not want to foreclose anyone from certain that might suit the conven- pital and Walter Reed Medical Center having an opportunity to express them- ience of all Senators. to visit young men and women who selves on that issue. But I do make The PRESIDING OFFICER. The Sen- have been wounded with respect to hos- that announcement just for the infor- ator from Washington. tilities in Iraq. I have made many such mation of all Senators, that we have Mrs. MURRAY. Mr. President, I am visits. I have seen these brave soldiers pending before us an amendment that happy to talk to the chairman of the lying in their hospital bed, often with purports to add as a matter of emer- Appropriations Committee in order to an arm missing or a leg missing or gency appropriations $1.9 billion to the work out a time agreement. I do have other serious wounds, convalescing and Veterans’ Administration accounts. more I would like to say. This amend- recovering. In most cases, God willing, The administration has not asked for ment is extremely serious. It is an when they recover, they will get reha- these funds. Testimony before the rel- emergency. We would like some more bilitation, and then they will, in most evant committees of jurisdiction, the time, so I am happy to talk to the cases, be discharged from the service. Veterans Affairs’ Committee and the chairman about having an agreement We asked the Secretary of Defense, Appropriations subcommittee that on time, if he would like to do that. at that point, What is the difference funds or recommends funding for vet- The PRESIDING OFFICER. The Sen- between a soldier on active duty and a erans programs, has not led Senators ator from Mississippi. young soldier who has just been re- to request funds for inclusion in the Mr. COCHRAN. Mr. President, I ap- leased from Walter Reed Medical Cen- committee mark. So there is a dis- preciate the comments of the Senator. ter who is then discharged but con- parity between the proponents of the Let me suggest, then, if there is no ob- tinues to need medical help for the amendment and what they are urging jection, that we enter into an agree- wounds they suffered in the war? Is the Senate to approve and what is ment that we have a vote that will there really any difference? And should being requested as a matter of emer- occur at 3:30 this afternoon. there really be a difference in the gency appropriations. Would that be satisfactory with the health care that is delivered? In addition, the language of the Senator? I am enormously proud of the men amendment actually has a provision Mrs. MURRAY. Mr. President, I as- and women who work at hospitals such that the moneys appropriated under sume the time will be equally divided as Walter Reed Medical Center and Be- the amendment would be available between now and 3:30 on this amend- thesda Naval Hospital, those we see until expended, which means the fund- ment. That would be satisfactory. most often when we visit. That health ing would carry over into the next fis- Mr. COCHRAN. Mr. President, I ask care could not be better. They do an cal year. We are, right now, having unanimous consent that the Senate extraordinary job. There was recently an article about committees consider the funding levels vote on the motion to waive the Budg- the job they do in a publication called that are needed in the next fiscal year, et Act with respect to the Murray the Washington Monthly. I discussed beginning October 1. amendment at 3:30 p.m. today, with de- So with no requests for funds, with bate until the vote equally divided in that article with Mr. Principi, then the the administration saying they have the usual form and no amendments in head of the VA. I said, you ought to enough funds to run the VA health pro- order to the amendment prior to the send this article out to every single grams and hospital programs between vote. employee of the VA because without now and the end of this fiscal year, we The PRESIDING OFFICER. Is there sufficient money—and they have not are going to suggest that this is sub- objection? had sufficient money—they have done ject to a point of order. It is my inten- Without objection, it is so ordered. an extraordinary job. But the question is, When someone tion to make that point of order. Mr. COCHRAN. I thank the Chair and Seeing that the Senators are on the thank the Senator. becomes a veteran, having come off ac- floor now, Mr. President, pursuant to The PRESIDING OFFICER. Who tive duty with a war wound, what hap- section 402 of S. Con. Res. 95 of the yields time? pens? Is there full funding in that case 108th Congress, I make a point of order The Senator from Washington. for the kind of health care they need? that the amendment contains an emer- Mrs. MURRAY. Mr. President, I yield The answer is no. My colleague from the State of Wash- gency designation. to the Senator from North Dakota. The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, I sug- ington, Senator MURRAY, understands ator from Washington. gest the absence of a quorum. that. She has led the fight on this issue Mrs. MURRAY. Mr. President, I The PRESIDING OFFICER. The for a long while, to say: Can’t we have move to waive the point of order and clerk will call the roll. full funding for health care for vet- ask for the yeas and nays. The assistant legislative clerk pro- erans? The PRESIDING OFFICER. Is there a ceeded to call the roll. You can go any place in this country sufficient second? Mr. DORGAN. Mr. President, I ask these days and talk about America’s There is a sufficient second. unanimous consent that the order for service men and women, and people re- The yeas and nays were ordered. the quorum call be rescinded. spond to it. They care about the people The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without who wear this country’s uniform, and ator from Mississippi. objection, it is so ordered. they want to support them. But that Mr. COCHRAN. Mr. President, a vote Mr. DORGAN. Mr. President, I rise in support does not just occur with re- now occurs on the motion to waive, support of the amendment offered by spect to when they are in a hospital right? my colleague, Senator MURRAY. Sen- such as Walter Reed or Bethesda. That The PRESIDING OFFICER. That is ator MURRAY, I believe, offered this support must occur with respect to VA right. identical amendment in the Appropria- hospitals and community-based vet- Mr. COCHRAN. Mr. President, there tions Committee when it marked up erans clinics. is a question about how much time is the appropriations supplemental bill. I As you know, the President’s budget going to be—— was very pleased to support her then. does not provide funding for the clinics

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.037 S12PT1 S3462 CONGRESSIONAL RECORD — SENATE April 12, 2005 that were promised, the clinics that who were involved in World War II, Let me tell you about one element of would allow a veteran who has health Korea, Vietnam, and now the gulf war. this which I am particularly proud that care issues to show up at a local store- Those stories, individually and collec- Senator MURRAY has added at my re- front VA clinic instead of having to tively, talk about heroism and com- quest. It is estimated that at least one drive, particularly in rural States, hun- mitment and service, duty, honor, out of every five soldiers who serves dreds and hundreds and hundreds of country. Duty and honor, it seems to will come home and face a condition miles. Well, that is not funded by the me, for us is to make the right choice. known as posttraumatic stress dis- President’s budget. Even though they It is always about choices in Con- order. What is it? If you saw the movie had decided they were going to do that, gress. Who among us will decide today ‘‘Patton,’’ you can recall that scene the President says, no, we do not have that it is the wrong choice to fully where George C. Scott, playing Patton, the money. fund veterans health care in this coun- went in the military hospital, saw a My colleague from the State of Wash- try? Who among us will decide that is soldier on a cot and asked: Where were ington, Senator MURRAY, asks the the wrong choice? For me, it is the you hit, soldier? The soldier responded: question: What is more important in right choice to decide veterans deserve I wasn’t hit. I just can’t do it anymore. this country? I am not asking you for to know we keep our promise. That is And Patton reached down and slapped 10 things, but just give us a couple. the import of the amendment from him. He slapped that soldier and that What is more important than keeping Senator MURRAY. I am proud to stand slap reverberated across America, a our promise of health care to veterans? here and speak for it and support it and scandalous headline that this general Just give me a couple of things that vote for it. would slap a soldier because he are more important. These are the peo- I yield the floor. couldn’t face battle. ple to whom we offered a promise, who The PRESIDING OFFICER. The Sen- In all honesty, it is that attitude and answered the call: Uncle Sam wants ator from Illinois. denial which have led the United Mr. DURBIN. Mr. President, I rise in you. Wear the uniform of this country. States to ignore this very real problem. strong support of the Murray amend- Put yourself in harm’s way, perhaps It wasn’t until 1980, 25 years ago, that ment. This is an emergency supple- lose an arm, perhaps lose a leg, maybe the Veterans’ Administration acknowl- mental bill. We are considering funding edged the fact that when you take men lose your life. for our troops in Iraq and Afghanistan. What is more important than saying and women in America, train them to I voted against this war. I didn’t think to those people who answered that call be soldiers and sailors, marines and we were prepared. I didn’t think we had that when you need medical help in our airmen, serve in the Coast Guard, put a coalition to stand behind us that veterans medical system, we will have them into battle, they can have life ex- would send in the soldiers and bring adequate funding to make sure you get periences and witness events which will the resources to the battle. Our mili- have a dramatic impact on them per- that help? tary went into this war and performed I recall one day a father calling me sonally. They may need help and coun- admirably. We were well prepared for and saying: I have a son who fought in seling to come home and set their lives the military invasion. Clearly we were the Vietnam war, and he suffered a on the right path. The first time we ac- not prepared for what happened after- head wound, a bullet to the brain. It knowledged posttraumatic stress dis- ward. was a very serious head wound that left For 2 years now we have been in Iraq order was 1980. They used to call it him in devastating condition, and be- and Afghanistan. For 2 years we have shell shock and battle fatigue. But it cause of that brain wound and his inca- seen the casualties come home and we was never acknowledged as a medical pacity, he was suffering muscle atro- have seen the body bags and caskets problem that needed attention until phy, and at some point he had to have come home as well. We have lost over 1980. A few weeks ago I went across my a toe removed. They said, well, to have 16,000 of our best and bravest in Iraq to State of Illinois. I went to five dif- that toe removed, you have to take this day. Among our allies, thank this young veteran to Fargo, ND, which goodness there have been fewer losses. ferent locations for roundtables. I in- was about 250 miles away—500 miles But in comparison it shows we are car- vited medical counselors from the Vet- round trip. rying the burden of battle. Our sons erans’ Administration to tell me about So for this young man, who suffered and daughters are carrying the burden the soldiers who were trying to come a wound to the head in a war and was of battle. The taxpayers, with this bill, to grips with this torment in their incapacitated as a result of it, put him will put the resources into material minds over what they had done and in a car and drive him 500 miles round and equipment so these soldiers can do what they had seen. I was nothing trip to have a toe removed. I said: Isn’t their job and come home safely. short of amazed at what happened. In there some common sense here? How many of us have stood up on the every single stop, these men and Couldn’t this be done somewhere clos- floor of the Senate on both sides of the women came forward and sat at tables er? We finally resolved that. aisle praising these men and women in before groups in their communities, be- But the fact is, the money that was uniform, saying we have to stand be- fore the media, and told their sad sto- left out of the President’s budget for hind them, keep them in your thoughts ries of being trained to serve this coun- the storefront community clinics for and prayers, don’t be ashamed to wave try, being proud to serve, and going veterans, that is exactly the kind of that flag? We are all proud Americans. into battle situations which caused an thing they can do in many cases. Yet Senator MURRAY comes to us today impact on their mind they never could somehow this is not an urgent priority, and asks whether our pride in our have imagined, and coming home with with all of the young veterans coming fighting men and women is enough for their minds in this turmoil over what back with wounds from this war, the us to declare it an emergency to make they had done and seen, and many Iraqi war, and with all of the World sure our veterans hospitals and clinics times having to wait months and, in War II veterans now reaching that age are up to the task of serving these men one case, a year before they could see a where they need maximum care, the and women. For us to give all the great doctor at a VA hospital. maximum claim on health care they speeches about how much we admire I couldn’t believe the stories of World were promised. the soldiers and then, when they are War II veterans. A veteran in southern If ever we need to decide as a priority hurt and come home, to throw them Illinois who was in the Philippines in this Congress that we need to keep into a VA system unprepared to take couldn’t come to my meeting because our promise to veterans, it is now. care of them is a mockery. If we truly ‘‘I just can’t face talking about it,’’ 60 That is all the Senator from the State believe in the goodness of the men and years after his experience. Veterans of Washington is saying: Let’s keep women who risk their lives for Amer- from Korea where my two brothers this promise. There seems to be money ica, why wouldn’t we vote for the Mur- served, veterans from Vietnam who for a lot of other priorities around here ray amendment to put the money in came home rejected by many, who that rank far lower than health care the veterans hospitals so the very best couldn’t resolve their difficulties be- for America’s veterans. doctors and nurses and equipment is cause they were afraid to even ac- All of us have stories about these there for our sons, our daughters, the knowledge they were veterans, tor- veterans, about those we have visited husband, and wives of people we love. mented by this for decades.

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.040 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3463 The ones that gripped my heart the billion to make sure these hospitals service organizations and every single most were the Iraqi veterans. I will and clinics have the very best people to VISN in this country is telling us they never forget these men and women. treat our soldiers coming home; money are working under debts, they are not The one I sat next to at Collinsville, a as well to make certain that there is hiring doctors and nurses to replace bright, handsome, good looking young family therapy, something that is those who are leaving, they have beds marine, talked about going into often overlooked. How many times do that are being held together by duct Fallujah with his unit and how his you hear the story of the wife who tape—if that is not an emergency, then point man was riddled with bullets, and says: Who is this man who came back I can’t think of one that is. he had to carry the parts of his body from battle? He is not the soldier I sent We have talked to veterans in every out of that street into some side corner away. He is so distant. He doesn’t talk single VISN. Every single one of them where he could be evacuated, at least to me. He gets angry in a hurry. He has given us dramatic stories of the the remains could be evacuated. Then wants to be away from us. That is not wait lines, of clinics that have been he served as point man and went for- the man I sent to battle. The spouses promised and not opened, of service ward. A rocket-propelled grenade was and their children need help, too. men and women from previous wars shot at him, and it bounced off his hel- I implore my colleagues. I know it is who are not getting served. This is not met. One of the insurgents came up and considered unusual to come in on a an emergency? I disagree. shot him twice in the chest. This hap- President’s request and add money for I ask unanimous consent to add Sen- pened in November. He was there. He the Veterans’ Administration. But we ators SCHUMER, JOHNSON, CORZINE, LIN- survived. are not doing our duty as Senators to COLN, LANDRIEU, and DORGAN as co- When he came home, he couldn’t un- only provide the money for the troops sponsors of the amendment. derstand who he was because of what for the battle. We have to do more. We The PRESIDING OFFICER. Without he had seen and been involved in. He must do that. But we need to provide objection, it is so ordered. had problems with his wife, difficult, the physical and mental medical help violent problems, and he turned to the Mrs. MURRAY. I ask unanimous con- these same soldiers need when they sent to print two letters of support in VA for help. come home. I said to this young marine: I am al- the RECORD. They are from the na- I thank Senator MURRAY for her lead- tional veterans service organizations: most afraid to ask you this, but how ership on this amendment. I wish it old are you? The American Legion, the Veterans of were a bipartisan amendment. There is Foreign Wars, Amvets, Paralyzed Vet- He said: I am 19. certainly bipartisan support for our Think of what he has been through. erans of America, and Disabled Amer- troops. But maybe when the vote Thank goodness he is in the hands of ican Veterans. comes, we will find if the same Sen- counselors. Thank goodness he is get- There being no objection, the mate- ators who have said such glowing ting some help, moving in the right di- rial was ordered to be printed in the things about the men and women in rection. RECORD, as follows: uniform will stand by them when they But in another meeting in southern THE AMERICAN LEGION, Illinois, another soldier said, in front come home and need a helping hand. I yield the floor. Washington, DC, April 11, 2005. of the group: As part of this battle, I Hon. PATTY MURRAY, The PRESIDING OFFICER. The Sen- killed children, women. I killed old U.S. Senate, people. I am trying to come to grips ator from Washington. Washington, DC. Mrs. MURRAY. Mr. President, I with this in my mind as I try to come DEAR SENATOR MURRAY: Thank you for of- back into civilian life. thank my colleague from Illinois for fering an amendment to the H.R. 1268, FY A young woman, an activated his heartfelt statement. I know he has 2005 emergency supplemental appropriations, guardswoman from Illinois, said when worked in his State, talking to young to add $2 billion for the Department of Vet- she came out, still in distress over men and women who are coming home. erans Affairs (VA) medical care. VA medical He has looked them in the eyes as I care is truly the ongoing cost of war. You what she had seen and done, they have The American Legion’s full support. stopped her at Camp McCoy in Wis- have. I was with him in Kuwait and Iraq a few weeks ago talking to sol- VA is not meeting the health care needs of consin and sat her down and asked: America’s veterans. Currently, certain vet- Any problems? Of course, that should diers who are coming home. erans are actually denied access to the VA have been the time for her to come for- The No. 1 question was: We are hear- health care system even though they are ward and say: I have serious problems. ing that services are not going to be willing to make co-payments and have third- She didn’t. Because if you said you had available for us when we get home. We party health care insurance, while other face a problem, you had to stay at Camp are hearing that the veterans from lengthy delays in accessing care. Although McCoy for 3 more months. She was so Vietnam and World War II are waiting providing quality health care, VA cannot meet its own timely access standards simply desperate to get home she said: No in line. We have been over here for a year. because it lacks the health care profes- problems. sionals to meet the demand for services. She came home and finally realized They fear this country has forgotten them despite all the rhetoric on this In 2003, the President’s Task Force to Im- that was not true. She had serious psy- prove Health Care Delivery For Our Nation’s chological problems over what she had floor. The Senator from Illinois is Veterans cited ‘‘eliminating the mismatch been through. When she turned to the right. This is not a Republican issue. It between demand and funding’’ as a major ob- VA and asked for help, they said: You is not a Democratic issue. This is an stacle. Last year, VA officials claimed to can come in and see a counselor at the American issue. This is about our need between 10 and 14 percent annual in- VA in 1 year. American men and women serving us creases just to maintain current services be- What happens to these veterans, vic- honorably and who deserve to have the cause of Federal payraises and medical infla- tims of posttraumatic stress disorder, services when they come home. tion. VA health care is still the best value for the taxpayer’s dollar. without counseling at an early stage? The Senator from Illinois is right. To look into the eyes of a young family As former active-duty service members, es- Sadly, many of them see their mar- pecially National Guard and Reservists, riages destroyed. One I met was on his where one of them is suffering from transition to their civilian lifestyles, many fourth marriage. Many of them self- posttraumatic stress syndrome affect- new veterans will turn to VA to address their medicate with alcohol, sometimes with ing their marriage, job, their entire health care concerns, especially those with drugs, desperate to find some relief community, and what are we saying? mental health problems associated with from the nightmares they face every Wait in lines. You don’t get in to be combat. VA is a world leader in effective night. These are the real stories of real served? That is not an emergency? treatment of post-traumatic stress disorder people, our sons and daughters, our What we have now in front of us is a (PTSD) and other readjustments problems. point of order saying this is not an VA must be funded to make sure this newest brothers and sisters, our husbands and generation of wartime veterans are properly wives who go to battle to defend this emergency. If it is not an emergency to cared for in a timely manner and not dis- country and come home with the prom- take care of our men and women who place other veterans seeking care due simply ise that we will stand behind them. are now serving us overseas, who have to limited resources. If we stand behind them, we need to come home, then I don’t know what is. Once again, thank you for offering an stand by the Murray amendment—$2 When I am going out and talking to amendment to add $2 billion for VA medical

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.042 S12PT1 S3464 CONGRESSIONAL RECORD — SENATE April 12, 2005 care. Timely access to VA medical care is an Boise Idaho VA facility with a hiring leadership on this very important earned benefit from a grateful nation. freeze; in Kentucky, where we are hav- amendment. I share her dismay and as- Sincerely, ing soldiers lie on broken tables be- tonishment that the other side doesn’t STEVE ROBERTSON, cause there is simply no money to re- recognize this is an emergency. It is an Director, National Legislative Commission. place any equipment there. In Maine, emergency in Minnesota and to the we have a $12 million deficit; in Min- Minneapolis veterans hospital, which THE INDEPENDENT BUDGET, neapolis, $7 million shortfall—I remind has been designated as one of the pri- Washington, DC, April 6, 2005. the Senate, there are four facilities mary recipients of those returning DEAR SENATOR: On behalf of the co-authors that see the most difficult, complex in- home injured in the war in Iraq, and of The Independent Budget, AMVETS, Dis- juries once they have been discharged. which does not have the money even to abled American Veterans, Paralyzed Vet- erans of America, and the Veterans of For- Minnesota is one of them, and they meet the needs of veterans already in eign Wars, we are writing to express our sup- have a $7 million shortfall. Minnesota, much less the additional port for the proposed Murray-Akaka amend- The list goes on and on. This is an demand. ment to the FY 2005 Emergency Supple- emergency. I cannot think of a more It seems to me incredible that any- mental that would provide $1.9 billion in important issue facing our country body can say they support our troops, much needed funding for veterans’ health today. I can’t go home and look at my as we all do, but then when they come care. veterans in north central Washington home injured, wounded, even maimed, Providing health care to returning servicemembers is an ongoing cost of our na- who have to drive over a mountain pass we are not going to provide them with tional defense. Servicemembers who partici- 150 miles to get care today, who have the resources necessary and everything pate in a theater of combat are eligible for been promised the health care clinic, they need to resume healthy and nor- health care from the Department of Veterans and say: Sorry, my colleagues don’t see mal lives. Affairs for two years after separation or re- this as an emergency. This is a fundamental question of pri- lease from active duty, without regard for Any one of us who has taken the time orities for this body and for the admin- strict eligibility rules. VA hospitals are fac- to sit down with our soldiers when they istration. If we don’t believe that send- ing budget deficits and moving to reduce are discharged from the service and out ing soldiers to Iraq constitutes an services. Neither the Administration’s FY 2006 budget request nor the recently passed in their communities—they tell us the emergency, if we don’t believe that budget resolution, addressed the costs of pro- stories such as the Senator from Illi- supplying them and equipping them, as viding needed health care. The Independent nois talked about, about the help they we will vote to do—as I have supported Budget has recommended an increase for VA need getting through the nightmares, every time and will again here—con- health care of $3.5 billion for FY 2006. This the posttraumatic stress syndrome, stitutes an emergency outside of the amendment would provide the funding need- getting help with serious injuries normal budget processes, but this in- ed to care for these returning veterans, as where they have lost arms and legs. stance now where we talk about pro- well as provide the resources the VA needs to We should not say on this Senate meet shortfalls that are affecting veterans viding health care to those most in today. floor this is not an emergency. I am ap- need, in the most emergency-type situ- We ask you to support this amendment and palled that that is what the argument ations of their lives imaginable, that to provide the dollars needed to care for has come down to. I believe this vote is this is not an emergency expenditure servicemembers returning from Iraq and Af- about whether we stand with our men that should be approved unanimously ghanistan, as well as all veterans who rely and women. It is about whether you are by this body, then I frankly don’t see upon the VA to provide their health care. going to vote with our veterans. I am how we can say with any integrity that Sincerely, stunned that there are those who say RICK JONES, we support our troops. National Legislative this one issue is not something that is We support our troops in Iraq and Director, AMVETS. an emergency. now we need to support them when RICHARD B. FULLER, Any one of us who has been out there they return home. This amendment of National Legislative working with our veterans—I come to the Senator from Washington will ac- Director, Paralyzed this floor as a daughter of a disabled complish that. I would be astonished if Veterans of America. veteran. I lived with my father who anyone in this body would oppose it. JOSEPH A. VIOLANTE, was in a wheelchair most of his life- I yield the floor. National Legislative time. I worked at a VA hospital long The PRESIDING OFFICER. The Sen- Director, Disabled American Veterans. before I even thought about being in ator from Washington is recognized. DENNIS CULLINAN, the Senate. I worked at the Seattle VA Mrs. MURRAY. Mr. President, how National Legislative hospital during the Vietnam war. Any much time do we have on this side? Director, Veterans of one of us who has taken the time to The PRESIDING OFFICER. The Sen- Foreign Wars of the talk to people who served in wars and ator has 7 minutes 16 seconds. United States. have come home know that if we don’t Mrs. MURRAY. Mr. President, I note Mrs. MURRAY. Mr. President, the have the care for them, we are doing a that there is nobody from the other VA is not prepared to deal with the sol- disservice not only to the men and side on the floor. I am frankly not sur- diers who are coming home. So far women who serve today, but to the prised, because I don’t see how anyone 240,000 soldiers have come out of our men and women whom we are going to can argue against making sure that service and are now available or have ask to serve us in the wars to come. our service men and women get the available to them veterans services; This is an emergency. I don’t care if health care they need, whether it is for 50,000 already have asked the VA for the administration is saying the VA a mental or a physical need. We sent care. This is an emergency. hospitals have the money they need. them to war. We should be there for As I talked about this morning, in When we talk to them, they are all them when they come home. Regarding State after State, in Alaska, where pri- telling us they have a budget deficit, a this amendment, I have been trying to ority 7 veterans who are not enrolled in hiring freeze; they are not replacing do this since the beginning of the year VA primary care are not getting ap- the doctors and nurses who are leaving, and I have been told this is not the pointments to date; in Colorado, where and they have equipment that is old, time or the place. they have a $7.25 million shortage this decrepit, falling apart, and dangerous. I let my colleagues know this is our year; in California where the VA hos- That is an emergency. It is one we have last chance this year to make sure our pital in Los Angeles has closed its psy- to deal with. veterans have the care they need. chiatric ward at the exact time we Mr. President, I see my colleague There is no other opportunity. We are have generals telling us that at least 30 from Minnesota on the floor. I yield 2 going to get to the budget at some percent of our soldiers who are coming minutes to the Senator from Min- point and to the appropriations cycle, home from Iraq will need mental nesota. and we are going to get to the point health care capacity and we have psy- The PRESIDING OFFICER. The Sen- where we have an appropriations bill chiatric emergency rooms being closed; ator from Minnesota is recognized. on the floor, and the budget already in Florida, where there is $150 million Mr. DAYTON. Mr. President, I thank says there is no more money. We hear deficit; in Idaho, where we have the my colleague from Washington for her the administration say—when we talk

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.010 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3465 about the VISNs, everyone tells us should be part of our budget, part of First, there is not a Senator in the they don’t have the resources. If you the appropriations every year, that if entire Senate who doesn’t want to look at it, you will see these men and you serve your country, you get your make sure that the veterans are taken women don’t have the care they need. care. We don’t have that now, so we are care of, whether they served in World Mr. DAYTON. Will the Senator yield here in our last-ditch effort, last at- War I, II, Korea, or any other war. I for a question? tempt, last ability to try to provide have to say I am mentioning World Mrs. MURRAY. Yes. these services for the men and women War I because I was at a veterans event Mr. DAYTON. The Senator knows in the services. about 6 months ago, and I asked people this is an emergency supplemental, so I find that appalling, but I will fight to stand by the wars in which they it is not subject to the normal budget hard because I believe more than any- served and I didn’t mention World War process. In my 4-plus years here, I have thing that we should be making sure if I. This very irate veteran in a wheel- not witnessed another occasion where a a young man or woman comes home chair in front of me suggested that I budget point of order has been raised from Iraq or Afghanistan, they are not left out World War I. So I want to say against any part of the emergency sup- turned away at their VA hospital. We that I am most appreciative of the vet- plemental appropriations. Is the Sen- need to make sure that anybody who erans who are here having served in ator aware of this happening before, or serves in any war—Vietnam, Korea, or World War I and every other war. are veterans being singled out in this anywhere—is not turned away at a VA We want to take care of our veterans. instance? hospital. They should not be put in a We want to make sure that we have the Mrs. MURRAY. Mr. President, I have bed held together by duct tape. That is money to do it. We do not have a sup- to agree with my colleague from Min- wrong. That is why we are here arguing plemental request from the adminis- nesota. I have not seen that done be- now that this is an emergency, because tration for the Veterans’ Administra- fore. What we are going to vote on is we have not dealt with it in the past. tion. This doesn’t mean that some vet- whether our veterans are an emergency We now have to deal with it, and I urge erans hospitals out in our country are so they can be included in the supple- my colleagues to join with us on the not saying they would like to have mental. last chance we have this year to keep more money; it doesn’t mean that a Mr. DAYTON. We are talking about our word to the men and women who clinic hasn’t been built yet that is on an $82 billion supplemental here that have served this country honorably. the drawing boards to be built. Most the Senator has amended, which fits Ms. STABENOW. Will my colleague certainly, we have areas that we need within the President’s request—or yield? to address in veterans care, and I want most of it does. It is a small part of Mrs. MURRAY. Mr. President, how to make sure we have the money to do this, and it is the least we should be much time do I have? it. doing on behalf of veterans. The PRESIDING OFFICER. The Sen- But I have to say that the Veterans’ Mrs. MURRAY. The Senator is cor- ator has 2 minutes 15 seconds. Administration is telling us they have rect. Actually, the President sent us an Mrs. MURRAY. I yield for a question. the money they need to fulfill this $82 billion supplemental. The Senate is Ms. STABENOW. I wanted to share year’s budget and, specifically, to ful- considering $80.1 billion. We have the with my colleague—and then ask a fill their needs. means to still be less than what the question—the fact that this is an emer- We asked the Secretary of Veterans President has sent us by adding this gency in Michigan. We have a big Affairs if he needed more money in the amendment. I sincerely cannot think State, 10 million people, a very large 2005 year—the year we are in of any other issue more important than State geographically, where folks often budgetwise—for returning veterans to make sure that those men and have to drive a long way in order to get from the Iraqi war and from the Af- women who served us, when they come to VA assistance. They are now in a ghanistan area. The answer was: No, we home, have the services they need. situation of having to wait up to 6 have everything we need to cover those Ms. STABENOW. Will the Senator months oftentimes to see a doctor and veterans. We asked him if he needed yield for a question? to get the services they need. more money than was in the current Mrs. MURRAY. Yes. I ask my colleague if she is hearing Presidential budget for 2006, which we Ms. STABENOW. I first thank the those similar stories around the coun- will be considering in my sub- Senator from Washington State. She is try—that we wait 6 months, we drive committee for those same returning exactly on the mark. I have joined with hours and hours to get to a facility veterans. The answer was: No, we have her on a number of occasions and ap- right now? Without the additional dol- enough in that budget. preciate her leadership on this issue of lars, that is only going to continue and Now, I have to say that, as chairman veterans health care. get worse. I wonder if that is what she of the Veterans’ Affairs Subcommittee Would she not agree that veterans is hearing as well. in Appropriations, I am going to look should not have to go through the Mrs. MURRAY. The Senator is ex- at that and I am going to try to deter- process every year, fighting every year actly right. We are hearing that from mine for myself if there is enough for to try to get what they need and, at every region, including yours. That is 2006. But I have to say in this budget the same time, knowing that they give why this amendment is before us. year, 2005, which has about 6 more us everything they are asked to do in I have little time left. I see some col- months to run, the Veterans Affairs terms of putting their lives on the line, leagues on the other side are on the Department says they have enough to keeping us safe? Our men and women floor. They are going to make their ar- cover Iraq and Afghanistan. in Iraq right now are doing that and we guments. Again, this is an emergency; This does not mean everything is have made a promise to them. Would this is part of the supplemental. We going exactly the way I would want it she not agree that as a country, every should not tell our soldiers that they in the Veterans’ Administration. There year it seems as though we are back are not an emergency when they come is a hospital in Dallas that is particu- here trying to keep the promise. home. larly being noted by the GAO inves- Mrs. MURRAY. The Senator from I yield to my colleagues on the other tigators as not performing up to the Michigan is correct. Frankly, I have side. standards we would expect, and I am joined her in trying to make veteran The PRESIDING OFFICER. Who asking our Secretary of Veterans Af- services mandatory so we are not here. yields time? fairs to address that particular hos- It is disturbing to me that we are des- Mr. COCHRAN. Mr. President, I yield pital. I am sure there are other specific perately pleading to our colleagues to such time as she may consume to the instances. call this an emergency. What are we Senator from Texas, Mrs. HUTCHISON. It is not that we do not have the doing to our soldiers when we tell them The PRESIDING OFFICER. The Sen- money put in there. It is that we have we are in a desperate fight on the floor ator from Texas is recognized. had a management problem there, and of the Senate that we are going to lose Mrs. HUTCHISON. Mr. President, I we are seeking to address that situa- on a partisan vote over our veterans? want to answer some of the concerns tion immediately. That is the wrong message to send to raised by the Senator from the State of I asked the Secretary to put in writ- the men and women in the services. It Washington. ing what the situation is, and I ask

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.046 S12PT1 S3466 CONGRESSIONAL RECORD — SENATE April 12, 2005 unanimous consent that the April 5, monitor. Right now, we are told we Department of Veterans Affairs. How- 2005, letter be printed in the RECORD. have the reserve funding to be able to ever, the VA is also feeling the strains There being no objection, the mate- handle anyone who is going out of Ac- of war. VA hospitals are seeing more rial was ordered to be printed in the tive-Duty service, out of Active-Duty and more veterans from the wars in RECORD, as follows: military health care and into the Vet- Iraq and Afghanistan at the same time THE SECRETARY erans’ Administration, and that we the aging veterans from World War II, OF VETERANS AFFAIRS, have the money to cover it. Korea, and Vietnam are most in need Washington, DC, April 5, 2005. So I do not want to take the $2 bil- of the VA’s health care services, to Hon. KAY BAILEY HUTCHISON, lion that is in this amendment out of which they are entitled. However, the Chairman, Subcommittee on Military Construc- other areas such as our armed services, administration has not met this grow- tion and Veterans Affairs, Committee on Appropriations, U.S. Senate, Washington, our Active-Duty military who are on ing demand for VA health care services DC. the ground, the equipment we are giv- with budget increases. DEAR MADAM CHAIRMAN: Before I begin the ing them in this supplemental. That is Fortunately, Congress has stepped in main purpose of this letter, I want to take why I must oppose Senator MURRAY’s and added billions in needed funds in this opportunity to thank you for the consid- amendment, although I do agree with recent years. Last year, Congress added eration and interest you have shown VA her overall goal and will continue to $1.2 billion to the President’s request through your leadership in this year’s appro- work with her as chairman of the sub- for veterans health care. Two years priation hearing and many other endeavors committee to monitor the situation. ago, Congress added $1.57 billion to the on behalf of our veterans. I very much appre- President’s budget for VA health care. ciate your proactive involvement and com- Let us get our numbers right. Let us mitment to providing for those who have act when it is on the budget with the But the shortfalls in the veterans budg- served this country with such dedication. hearings and the anticipation of the et continue. The Disabled American I write to you today to address certain needs, rather than adding $2 billion to Veterans, in its independent budget for issues regarding VA’s FY 2005 fiscal situa- the emergency appropriations that is fiscal year 2006, estimated that the tion. I know some have said that VA must before us today and taking it from White House budget for VA health care have emergency supplemental funds to con- something else, such as Active-Duty is $3.4 billion less than what is required tinue providing the services for which vet- military equipment and preventive to care for all veterans who are enti- erans depend on us—timely health care and tled to care. Clearly, more needs to be delivery of benefits. Whenever trends indi- measures that we must cover for those cate the need for refocusing priorities, VA’s who are on the ground today. done to care for veterans. leaders ensure prudent use of reserve funding With all of this said, we will reach The Murray-Akaka-Byrd, and others, for these purposes. That is just simply part our goal of assuring the very best mili- amendment would increase veterans of good management. It does not, however, tary veterans’ care not by adding $2 health care by $1.98 billion. These funds indicate a ‘‘dire emergency’’. I can assure billion to the funding for the next 6 are targeted to provide care for vet- you that VA does not need emergency sup- months but, instead, planning for it erans returning from Iraq and Afghani- plemental funds in FY 2005 to continue to stan to increase mental health services provide the timely, quality service that is al- since we are told by the Secretary of Veterans Affairs we have the money we and to support local VA hospitals and ways our goal. We will, as always, continue clinics. This is a commonsense amend- to monitor workload and resources to be need for this year. sure we have a sustainable balance. But cer- The PRESIDING OFFICER (Mr. ment to support the men and the tainly for the remainder of this year, I do COLEMAN). Who yields time? The Sen- women who have borne the wounds of not foresee any challenges that are not solv- ator from Mississippi. battle. I urge my colleagues to support able within our own management decision Mr. COCHRAN. Mr. President, the the amendment. capability. Senator from West Virginia was not Mr. President, how much time do I I look forward to continuing to work with able to be on the Senate floor when have? you as we strive to provide the very best The PRESIDING OFFICER. The Sen- service possible for those veterans who de- this was initially discussed, and in def- erence to his right to speak on this ator has 6 minutes. pend on us the most. Thank you again for Mr. BYRD. I thank the Chair and your leadership in this important area. amendment, I yield 10 minutes from again thank my chairman, Mr. COCH- Sincerely yours, our side to the Senator from West Vir- RAN R. JAMES NICHOLSON. . ginia. May I yield the remaining time to Mrs. HUTCHISON. Now, that is the The PRESIDING OFFICER. The Sen- Senator MURRAY and Senator AKAKA? Secretary of Veterans Affairs who says ator from West Virginia. The PRESIDING OFFICER. Without there is reserve funding available if an Mr. BYRD. Mr. President, I thank objection, it is so ordered. emergency arises, and the Veterans Af- the distinguished chairman of the Ap- Mrs. MURRAY. Mr. President, I yield fairs Department does not need extra propriations Committee, Senator COCH- some of that time to the Senator from funding. RAN of Mississippi, for his generosity Hawaii, as much time as he will choose One thing has to be determined, and and for his very gracious and courteous to use. that is the difference between people action in this regard. I thank him for The PRESIDING OFFICER. The Sen- who are returning who are on active the time. I will not use the entire 10 ator from Hawaii. duty, who are at our military hos- minutes. I take it I may yield some of Mr. AKAKA. Mr. President, I thank pitals, who are being treated in the De- that time, if I wish, to other Senators. the chairman of the committee, Sen- partment of Defense because they are The wars in Iraq and Afghanistan ator COCHRAN, and also Senator BYRD active duty. The Veterans Affairs De- have strained America. The cost of and Senator MURRAY for the time. partment is where the people who are these wars has strained the Federal Mr. President, the amendment before going out of our military service go for budget. The deployments of the Na- us addresses the costs of providing their health care. There are fewer com- tional Guard and the Reserves have health care to troops serving in Iraq ing home in the Veterans Affairs’ influ- strained American families. The toll of and Afghanistan. ence where they would be giving the the wars on our troops and their equip- My colleagues in the Senate have al- service, as opposed to active duty ment has strained the readiness of our ready recognized the need to provide where they are going to Bethesda, Wal- Armed Forces. But there is no one who funds that would allow VA to absorb an ter Reed, and other hospitals that are bears more of the strains of these wars influx of new patients from Operations treating our Active-Duty military. than the veterans who have served our Iraqi and Enduring Freedom. We recog- So I think we have to look at where country in combat. nized that need in 2003, when Congress the Veterans Affairs part of this budget According to the Department of De- added $175 million for VA to the Sup- is, and do they need more. In fact, of fense, nearly 12,000 troops have been plemental Appropriations bill. I again the 240,000 who have gone out of our wounded in Iraq and another 442 have point out that this amount was pro- service in the last 3 years, only 48,000 been wounded in Afghanistan. These vided only one month after the war in have even come in to the Veterans Af- troops have received the finest medical Iraq began and before we knew about fairs service capability. Some already care our military can offer, but untold the level of troop commitment. have insurance. Some might come numbers of service men and women Does this body believe that things later but that is something that we can will require long-term care from the are better in VA today or that massive

VerDate Aug 04 2004 00:34 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.052 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3467 amounts of troops will not actually lined it again this afternoon. I heard what the facts are and if there have come for care? I don’t think so. from our colleagues on the other side been any changes in the situation that Our amendment allows VA to provide that the Veterans Affairs Secretary, can be reflected in the recommenda- care for returning troops—without dis- Secretary Nicholson, is saying he has tions made in the Appropriations Com- placing those veterans currently using the money he needs. He was on the job mittee. the system. for 2 weeks when he said that. I invite Last year, the Appropriations sub- The amount of this amendment—$1.9 the Secretary and any one of us to go committee recommended to the full billion—is drawn from what we know out on the ground, go out to Michigan committee an increase in funding over about past use of the VA health care and Minnesota, go to Kentucky, go to and above the request of the President system coupled with what we know to Illinois, go to California, go to Texas, by $1.2 billion—a substantial increase. be the costs associated with preparing go to Idaho, go to any veterans facility That was approved. VA for veterans from the global war on and look and tell me there is not an In this fiscal year’s budget which we terror. emergency. Look in the eye of any VA are now talking about, the President Earlier we shared data and stories doctor or nurse and tell them there is has already received $1.2 billion that he from VA hospitals and clinics across not an emergency. But more impor- did not request. As we moved into the year, there have been suggestions that the country. My colleagues on the tantly, look in the eyes of the young additional funds might be needed. We other side refute the fact that facilities men and women who served us. are already, though, preparing for the are in crisis situation. I urge my col- I was in Iraq and Kuwait several next fiscal year, 2006. The other day leagues to talk to VA personnel in weeks ago. I had to look in the eyes of when we had a budget resolution before their home States. 150 Guard and Reserve members who the Senate, this was again presented as Perhaps the administration is reluc- had just finished in Iraq for a year. an issue to the Senate. Senators of- tant to share details of budget short- Their No. 1 concern is they are hearing fered an amendment and debated it, falls. Or perhaps network directors the facilities will not be available for and we had a vote on that resolution. have not been allowed to request addi- them when they get home. Their No. 1 By a vote of 53 to 47, an amendment by tional money. But these deficits are concern? Stress. A year on the ground the Senator from Hawaii to add about real, and they are deficits which will in Iraq. They had heard from soldiers $3 billion to the budget resolution was hurt veterans. In my mind that is an who had already gone home about the defeated by the Senate. It was well de- emergency. troubles they had with migraines, post- bated. It was considered carefully. And To reiterate: we know of shortfalls in traumatic stress syndrome, reinte- here we are again. each and every State. The worst defi- grating in the community. They want We have an emergency supplemental cits are occurring in Florida, South to come home, and we know the sup- now on the floor of the Senate dealing Dakota, New Hampshire, Washington port is not there, and we tell them that with funds needed to successfully com- State, Iowa, and Ohio. These are not is not an emergency. plete, we hope, operations in Iraq and fiction. I find it outrageous that this body Afghanistan at the soonest possible I urge my colleagues to do what is can send to war our sons and daugh- date so we can have a more stable and right for VA hospitals and the veterans ters, husbands and wives, and say we peaceful situation, not only in that served by them. will not be there for you when you part of the world but in the war against The PRESIDING OFFICER. The Sen- come home; that we will tell them you terror generally, to protect the secu- ator from Washington. will have to wait, your budgets are not rity of American citizens. Mrs. MURRAY. Mr. President, how a priority, your issues are not a con- This supplemental is directed, in much time is left? cern to this body. I cannot think of a large part, to that concern and to those The PRESIDING OFFICER. The Sen- more important issue, I cannot think needs—the needs of the Department of ator has 3 minutes. of a more important emergency, and I Defense and the Department of State Mrs. MURRAY. How much time is cannot think of anywhere else we are for depleted accounts in programs left on the other side? going to be able to deal with this this under the jurisdiction of that depart- The PRESIDING OFFICER. There re- year. ment. main 141⁄2 minutes. If we do not provide the funds on the There are some other accounts that Mrs. MURRAY. Mr. President, I do emergency supplemental before us, we are funded in this urgent supplemental, not see anybody on the other side who will be here a year from now with story but there are no funds requested by the is going to speak. Let me just reiterate after story of young men and women administration for the Veterans’ Ad- for everyone here. What we are talking who served us and then came home and ministration programs. about is an amendment for veterans, to were told no. That is an emergency. The other day there was a hearing on make sure they have the health care The PRESIDING OFFICER. The time this subject. The Secretary, as the dis- and support they need when they come of the Senator has expired. tinguished Senator from Texas pointed home from the war in Iraq and the war The Senator from Mississippi. out, was questioned about the need for in Afghanistan. Mr. COCHRAN. Mr. President, we had additional funds by the Veterans’ Ad- What we have been very clear about a full debate of this issue. This is not ministration. The answer was un- is in every region across this country the first time this issue has been pre- equivocal. It was clear. It was precise. there is a debt and a shortfall. We have sented to the Senate. As a matter of Then, to clarify that, the Senator from facilities that are decaying, and no fact, before this fiscal year began, 2005, Washington said that was weeks ago, money is being put in to fix them. We there was a question about how much that was early, and all the needs have long waiting lines. We have vet- money would be needed by the Vet- weren’t known then. Here is the letter, erans in rural areas who are being told erans’ Administration to provide dated April 5, 2005. This is what the they cannot have health clinics. We are health care benefits and other services Secretary of the Veterans’ Administra- being told that veterans, the men and to veterans. tion said in response to the suggestions women who served us, have to travel The President had submitted a budg- being made by the proponent of this over mountain passes and travel long et request for this year, but after hear- amendment: distances to get the care they need. ings in our Appropriations Committee, I can assure you that VA does not need Most of it is inaccessible. the subcommittee recommended an in- emergency supplemental funds in FY 2005 to We are telling veterans who live in crease over and above what the Presi- continue to provide the timely quality serv- urban areas that the long lines in dent had requested. ice that is always our goal. We will, as al- ways continue to monitor workload and re- which they are waiting have to be As we all know, there is a consider- sources to be sure we have a sustainable bal- there. We are telling suburban parents able time gap after the President’s ance, but certainly for the remainder of this if they send their young son or daugh- completion of his budget submission. year I do not foresee any challenges that are ter off to war, we are not going to be The hearing process takes place in Con- not solvable within our own management de- there for them when they come home. gress, a budget resolution is developed, cision capability. I believe this is a emergency. I have and then the Appropriations Com- That is about as clear and persuasive outlined it this morning. I have out- mittee conducts hearings and reviews a statement about the need for the

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.014 S12PT1 S3468 CONGRESSIONAL RECORD — SENATE April 12, 2005 funds at this time, for the remainder of we are talking about a supplemental There is a sufficient second. this fiscal year, as you could possibly bill that talks about the cost of the The yeas and nays were ordered. ask for by the person who has the re- war. Part of the cost of war is caring Mrs. MURRAY. Mr. President, what sponsibility for carrying out these pro- for the men and women when they re- we voted on was whether to make the grams and administering these pro- turn home. As President Lincoln said: VA funding emergency funding. This grams for the benefit of our Nation’s We all have an obligation to care for him vote is to say that the veterans funding veterans. who shall have borne the battle and for his is a priority for this Congress. There is another point I am going to widow and for his orphan. The PRESIDING OFFICER. The make before my time expires. That is what this vote is about, question is on agreeing to the motion. The Secretary testified not only were whether we carry forward our obliga- The yeas and nays have been ordered. the funds sufficient for fiscal year 2005 tions to care for those we sent to war. The clerk will call the roll. but that the financial plan is manage- I ask my colleagues to vote with us The legislative clerk called the roll. able. He said the Department is not in to override this motion that says this The PRESIDING OFFICER. Are there a crisis requiring emergency appropria- is not an emergency so our veterans any other Senators in the Chamber de- tions. can receive the care they deserve. siring to vote? Then, on the point of the number of I yield the floor. The yeas and nays resulted—yeas 46, servicemen coming back to the States The PRESIDING OFFICER. The nays 54, as follows: from the wars in Iraq and Afghanistan, question is on agreeing to the motion. [Rollcall Vote No. 90 Leg.] the highest projection that has been The yeas and nays have been ordered. YEAS—46 made, if one looks at the numbers of The clerk will call the roll. Akaka Feingold Murray persons entering the VA system in any The legislative clerk called the roll. Baucus Feinstein Nelson (FL) given 1 year, the highest projection The yeas and nays resulted—yeas 46, Bayh Harkin Nelson (NE) might be 48,000. nays 54, as follows: Biden Inouye Obama Bingaman Jeffords Pryor To put that in perspective with re- [Rollcall Vote No. 89 Leg.] Boxer Johnson Reed spect to the entire system and the en- YEAS—46 Byrd Kennedy Reid tire workload of the Veterans’ Admin- Cantwell Kerry Rockefeller Akaka Feingold Murray Carper Kohl Salazar istration, returning service members Baucus Feinstein Nelson (FL) Clinton Landrieu Sarbanes from the Iraqi war entering the VA Bayh Harkin Nelson (NE) Conrad Lautenberg Schumer system will be less than 1 percent of Biden Inouye Obama Corzine Leahy Bingaman Jeffords Specter the total VA population. Pryor Dayton Levin Boxer Johnson Reed Dodd Lieberman Stabenow The Senator from Texas made a point Byrd Kennedy Reid Dorgan Lincoln Wyden that was very persuasive. I think it Cantwell Kerry Rockefeller Durbin Mikulski Carper Kohl Salazar should be repeated; that is, most vet- Clinton Landrieu NAYS—54 Sarbanes erans who are coming back to the Conrad Lautenberg Schumer Alexander DeMint Martinez Corzine Leahy States at this point and need medical Specter Allard DeWine McCain care are still in the Department of De- Dayton Levin Allen Dole McConnell Dodd Lieberman Stabenow fense. They are at Walter Reed. They Wyden Bennett Domenici Murkowski Dorgan Lincoln Bond Ensign Roberts are at other hospitals that are under Durbin Mikulski Brownback Enzi Santorum the jurisdiction of the Department of NAYS—54 Bunning Frist Sessions Defense. They are not going to the vet- Burns Graham Shelby Alexander DeMint Martinez Burr Grassley Smith erans hospitals. People who are coming Allard DeWine McCain Chafee Gregg Snowe back from Iraq are a small percentage Allen Dole McConnell Chambliss Hagel Stevens of the population, and they are not as Bennett Domenici Murkowski Coburn Hatch Sununu likely as older veterans to need serv- Bond Ensign Roberts Cochran Hutchison Talent Brownback Enzi Santorum Coleman Inhofe Thomas ices from the Veterans’ Administra- Bunning Frist Sessions Collins Isakson Thune tion. The older veterans in the system Burns Graham Shelby Cornyn Kyl Vitter are a much larger group and require Burr Grassley Smith Craig Lott Voinovich Chafee Gregg Snowe Crapo Lugar Warner more appointments, medical care, and Chambliss Hagel Stevens assistance medications than the young- Coburn Hatch Sununu The PRESIDING OFFICER. On this er population coming into the system Cochran Hutchison Talent vote, the yeas are 46, the nays are 54. Coleman Inhofe Thomas Three-fifths of the Senators duly cho- now. Collins Isakson Thune For these reasons, I urge the Senate Cornyn Kyl Vitter sen and sworn not having voted in the to reject the request of the Senators to Craig Lott Voinovich affirmative, the motion is rejected. open this emergency supplemental bill Crapo Lugar Warner The point of order is sustained and the and add the additional $1.9 billion that The PRESIDING OFFICER (Mr. MAR- amendment falls. has been requested. TINEZ). On this vote the yeas are 46, the Mr. COCHRAN. Mr. President, I move I am prepared to yield the remainder nays are 54. Three-fifths of the Sen- to reconsider the vote. of our time. I think we talked about ators duly chosen and sworn not having Mr. ALLARD. I move to lay that mo- the vote being scheduled for 3:30. As I voted in the affirmative, the motion is tion on the table. understand, there is before the Chair a rejected. The motion to lay on the table was motion on the part of the Senator from The point of order is sustained and agreed to. Washington to waive the Budget Act. the emergency designation is removed. The PRESIDING OFFICER. The Sen- Is that correct? Mr. COCHRAN. Mr. President, I move ator from Colorado. The PRESIDING OFFICER. The Sen- to reconsider the vote. Mr. ALLARD. Mr. President, I re- ator has moved to waive the point of Mr. CRAIG. I move to lay that mo- quest 15 minutes to speak on the bill. order that was raised against her tion on the table. The PRESIDING OFFICER. The Sen- amendment. The motion to lay on the table was ator is recognized. Mr. COCHRAN. I ask for the yeas and agreed to. Mr. ALLARD. Mr. President, I rise nays on that motion. Mr. COCHRAN. Mr. President, I today to discuss the fiscal year 2005 The PRESIDING OFFICER. They make the point of order that the Emergency Supplemental Appropria- have been ordered on that motion. amendment violates section 302 of the tions bill. I commend Senator COCH- Mr. COCHRAN. I yield the floor and I Budget Act. RAN, the manager of this bill and the yield our time. Mrs. MURRAY. Mr. President, I chairman of the Appropriations Com- The PRESIDING OFFICER. The Sen- move to waive the applicable sections mittee, for the way he has put together ator from Washington. of the Budget Act, and I ask for the this bill. His leadership was critical in Mrs. MURRAY. Mr. President, I un- yeas and nays. ensuring that provisions in this bill are derstand the other side yielded this The PRESIDING OFFICER. Is there a truly emergencies and are vital to our time. Let me simply respond by saying sufficient second? troops in the field.

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.057 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3469 I also acknowledge the work done by After six months of no activity, the these weapons since 1986, nearly 20 Senator STEVENS, the chairman of the Department of Defense changed its years, and has spent billions upon bil- Appropriations Subcommittee on De- mind again. It ordered a study on lion of taxpayer’s hard-earned dollars. fense. Most of the funding in this bill whether the stockpile in Pueblo should And yet we have destroyed less than 40 comes from his subcommittee, and I be relocated to an operational inciner- percent of our Nation’s stockpile, know he has worked hard to ensure ation site, even though such an option which is no where near the 100 percent every penny will be wisely spent. is illegal under current law and has al- requirement of the Chemical Weapons Both Senator COCHRAN and Senator ready been studied at least three times Convention. STEVENS have also gone out of their in the past. Let us also be clear that Congress way to assist me and Senator MCCON- A month after that, the department has been very up front about the trans- NELL in tackling an important issue re- changed its mind again by ordering the port of chemical munitions across lated to our nation’s chemical weapons start of preparatory construction and State lines. The law that prohibits this stockpile. I will discuss this issue in the redesign of the facility. activity has been on the books since greater detail in a moment. Today, the future of the project still 1994. Nothing has changed since then. The bill before us includes critically- remains uncertain and judging by the In fact, such a proposal would be dead needed funding for our men and women department’s past performance, it on arrival if the department ever of- in uniform. It also ensures that the op- seems likely that the project will be fered it in this Congress. erations against the global war on ter- changed many more times. Let there be no mistake about it: I ror is not interrupted. It provides cer- I am frustrated, and the people of will fight this proposal. tain benefits for our troops, including Colorado are frustrated. Try as we The department should heed the an increased death gratuity, life insur- might, we cannot seem to get straight words of Congress and get on with the ance extensions, and hazardous pay. I answers from the department. One day business of destroying these weapons. strongly support these provisions and I was told by department officials that Conducting more studies is a waste of believe they will greatly enhance the the stockpile would not be relocated time and money. We need to move for- effectiveness of our military forces. outside of Colorado. The very next day, ward, and we need to move forward The bill also includes several provi- the department ordered the study of now. sions related to the Department of De- transportation options. I believe it is important at this point fense chemical demilitarization pro- In an Armed Services Committee to mention I am not alone in this fight. hearing yesterday, the only answer we gram. These provisions seek to force The senior Senator from Kentucky, the Department of Defense to move for- could get out of department officials MITCH MCCONNELL has been pushing was that they needed to conduct more ward with the design and construction the department to destroy our chem- studies on the technology and more of two chemical weapons destruction ical weapons stockpile for nearly two studies on transportation options. facilities at Pueblo, CO and Blue Grass, decades. Over this time, he has led the From my perspective, we can study KY. fight in forcing the department to Since the program’s inception, the this issue into eternity and never get work with State and local communities Department of Defense management anything done. It is time to move for- to get this program off the ground. has been dismal and ineffective. The ward with destroying these weapons. It There is no doubt in Senator MCCON- program is behind schedule and over- is time to eliminate the danger these NELL’s mind or in my mind that the de- budget. In 1986, Congress was told that weapons pose to the local communities. partment has been inconsistent and un- the program was going to be completed And, it is time for the department to reliable regarding this program. We before 2007 at a cost of approximately recognize the necessity of complying both strongly believe that it is past $2.1 billion. And now, we are told the with our international obligations. program could possibly cost as much as I am very troubled by the Depart- time for Congress to intervene. That is why we worked with Senator $37 billion and be completed as late as ment of Defense’s apparent willingness 2030. to violate the Chemical Weapons Con- COCHRAN and Senator STEVENS to in- The Department of Defense has con- vention, a treaty this body ratified. I clude four provisions related to the sistently failed to provide sufficient believe the United States has a moral Chemical Demilitarization program in funding for this program, forcing those obligation to comply with it. Our Na- this bill. These provisions will require who run it to make programmatic deci- tion’s reputation and moral standing the department to stop dragging its sions that pit demilitarization sites are at stake. feet and move forward with the design against each other. If we are not careful, we will find it and construction of the chemical de- The Department of Defense has failed impossible to hold others to this treaty militarization facilities in Pueblo, CO, to provide adequate program manage- and to other treaties as well. and Blue Grass, KY. ment. It has repeatedly stopped and re- The department seems to be on a Specifically, the provisions in this started design work and operations, path towards blaming Congress for its bill will require the Department to do adding huge start-up costs and consid- future non-compliance. Yesterday, a the following: erable schedule delays. DoD official actually told the Armed transfer within 30 days all previous The department has failed effectively Services Committee that it would be funding appropriated for the Pueblo to communicate its intentions and the fault of Congress if the department and Blue Grass facilities to the pro- plans to the States in which permitting could not meet the treaty deadline. gram manager of the ACWA program; is necessary, nor to local communities This official seems to believe that relo- require the Program Manager to whose support is essential. cating the stockpiles in Pueblo and spend at least $100 million within 120 An example of these failures is the Kentucky to operational sites would days; department’s handling of the destruc- solve the problem. prevent the department from using tion of the chemical weapons stockpile I strongly reject that line of think- the funding appropriated for the Pueb- at the Pueblo Depot in Colorado. In ing. Congress is not to blame for the lo and Blue Grass for any other pur- 2002, the department accelerated the department’s bungling of this program. pose; and destruction of the weapons at Pueblo The fact is that the Congress has been prohibit the use of appropriated fund- with the goal of completing its work by more than willing to provide the funds ing from any study pertaining to the the 2012 Chemical Weapons Convention and political support to get this pro- transportation of chemical weapons deadline. gram done. Last year alone, the Con- across state lines. However, in 2004, the department gress added $50 million for the project These provisions prevent the depart- changed its mind. Without telling Con- at Pueblo. I am certain that if the De- ment from dragging its feet and requir- gress, the State of Colorado, or the partment of Defense requested addi- ing more studies. The treaty deadline people in Pueblo, the department uni- tional funding for the overall program, is fast approaching and cannot be ig- laterally decided to cease all design Congress would be more than willing to nored. The department must move work and assign the project in Pueblo support its request. quickly if we are to comply with the to in care-taker status for the next 6 The fact of the matter is that the de- treaty, and I assure you today that we years. partment has been trying to destroy intend to hold them to it.

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.019 S12PT1 S3470 CONGRESSIONAL RECORD — SENATE April 12, 2005 I thank the chair for the opportunity The PRESIDING OFFICER. The ment or reemployment following completion to speak on the supplemental appro- clerk will report. of service on active duty to which called or priations bill. I urge my colleagues to The legislative clerk read as follows: ordered as described in subsection (a). support this bill and get this funding to ‘‘(c) Any amount payable under this sec- The Senator from Illinois [Mr. DURBIN], for tion to an employee shall be paid— our troops as quickly as possible. himself, Ms. MIKULSKI, Mr. ALLEN, and Mr. ‘‘(1) by such employee’s employing agency; I yield the floor. CORZINE, proposes an amendment numbered ‘‘(2) from the appropriation or fund which The PRESIDING OFFICER. The Sen- 356. would be used to pay the employee if such ator from Mississippi. Mr. DURBIN. I ask unanimous con- employee were in a pay status; and Mr. COCHRAN. Mr. President, for the sent the reading of the amendment be ‘‘(3) to the extent practicable, at the same information of Senators, there are no dispensed with. time and in the same manner as would basic other amendments that I know of that The PRESIDING OFFICER. Without pay if such employee’s civilian employment will be offered this afternoon or this had not been interrupted. objection, it is so ordered. ‘‘(d) The Office of Personnel Management evening. There were two amendments The amendment is as follows: that were offered earlier in the day shall, in consultation with Secretary of De- which we set aside to dispose of the (Purpose: To ensure that a Federal employee fense, prescribe any regulations necessary to who takes leave without pay in order to amendment of the Senator from Wash- carry out the preceding provisions of this perform service as a member of the uni- section. ington. These are offered by the Sen- formed services or member of the National ‘‘(e)(1) The head of each agency referred to ator from Massachusetts, Senator Guard shall continue to receive pay in an in section 2302(a)(2)(C)(ii) shall, in consulta- KERRY, amendments numbered 333 and amount which, when taken together with tion with the Office, prescribe procedures to 334. It will be the intention of the man- the pay and allowances such individual is ensure that the rights under this section ager of the bill to move to table these receiving for such service, will be no less apply to the employees of such agency. amendments when we convene tomor- than the basic pay such individual would ‘‘(2) The Administrator of the Federal row. We will be pleased to continue to then be receiving if no interruption in em- Aviation Administration shall, in consulta- set them aside and have them available ployment had occurred) tion with the Office, prescribe procedures to ensure that the rights under this section for debate during the remainder of to- On page 153, between lines 15 and 16, insert the following: apply to the employees of that agency. day’s session. So if Senators want to ‘‘(f) For purposes of this section— speak on these amendments, this is the SEC. 1110. NONREDUCTION IN PAY WHILE FED- ERAL EMPLOYEE IS PERFORMING ‘‘(1) the terms ‘employee’, ‘Federal Govern- time to do it. Tomorrow when we con- ACTIVE SERVICE IN THE UNI- ment’, and ‘uniformed services’ have the vene and go to the bill, it will be the FORMED SERVICES OR NATIONAL same respective meanings as given them in intention to move to table these GUARD. section 4303 of title 38; amendments if there is no further de- (a) SHORT TITLE.—This section may be ‘‘(2) the term ‘employing agency’, as used bate. cited as the ‘‘Reservists Pay Security Act of with respect to an employee entitled to any In the meantime, we encourage Sen- 2005’’. payments under this section, means the ators to let the managers know of their (b) IN GENERAL.—Subchapter IV of chapter agency or other entity of the Government amendments that need to be considered 55 of title 5, United States Code, is amended (including an agency referred to in section by adding at the end the following: 2302(a)(2)(C)(ii)) with respect to which such to the bill. We are prepared to move employee has reemployment rights under forward. We remind Senators that this ‘‘§ 5538. Nonreduction in pay while serving in the uniformed services or National Guard chapter 43 of title 38; and is an emergency appropriations bill. ‘‘(3) the term ‘basic pay’ includes any ‘‘(a) An employee who is absent from a po- These funds are needed so that the De- amount payable under section 5304.’’. sition of employment with the Federal Gov- partments of Defense and State can (c) CLERICAL AMENDMENT.—The table of ernment in order to perform active duty in proceed with other agencies that are sections for chapter 55 of title 5, United the uniformed services pursuant to a call or States Code, is amended by inserting after funded in this bill to carry out their re- order to active duty under a provision of law sponsibilities. the item relating to section 5537 the fol- referred to in section 101(a)(13)(B) of title 10 lowing: We know that after we complete ac- shall be entitled, while serving on active tion on the bill here in the Senate, we duty, to receive, for each pay period de- ‘‘5538. Nonreduction in pay while serving in will have to confer with the House to scribed in subsection (b), an amount equal to the uniformed services or Na- work out differences between the the amount by which— tional Guard.’’. (d) EFFECTIVE DATE.—The amendments ‘‘(1) the amount of basic pay which would House-passed and Senate-passed bills. made by this section shall apply with respect otherwise have been payable to such em- That will require some time as well. to pay periods (as described in section 5538(b) ployee for such pay period if such employee’s This is a matter of some urgency. We of title 5, United States Code, as amended by civilian employment with the Government encourage the Senate to continue to this section) beginning on or after the date had not been interrupted by that service, ex- consider the bill and act expeditiously of enactment of this Act. ceeds (if at all); on amendments that may be offered so ‘‘(2) the amount of pay and allowances Mr. DURBIN. Mr. President, I have we can complete action on the bill and which (as determined under subsection (d))— offered this amendment before. It has work with our colleagues in the House ‘‘(A) is payable to such employee for that passed the Senate twice. For some rea- to have a final bill presented to the service; and son, as soon as it passes the Senate and President as soon as possible. We ap- ‘‘(B) is allocable to such pay period. goes to a conference committee, it dis- preciate very much having the coopera- ‘‘(b)(1) Amounts under this section shall be appears, it dies. I don’t understand it. tion of all Senators in that regard. payable with respect to each pay period (which would otherwise apply if the employ- It seems that the Senate by over- I suggest the absence of a quorum. whelming numbers supports the con- The PRESIDING OFFICER. The ee’s civilian employment had not been inter- cept of this amendment, but some- clerk will call the roll. rupted)— The assistant legislative clerk pro- ‘‘(A) during which such employee is enti- where, either in the executive branch ceeded to call the roll. tled to reemployment rights under chapter of this Government or in the House of Mr. DURBIN. Mr. President, I ask 43 of title 38 with respect to the position Representatives, there is opposition to from which such employee is absent (as re- unanimous consent the order for the this amendment. ferred to in subsection (a)); and When I explain the amendment and quorum call be rescinded. ‘‘(B) for which such employee does not oth- The PRESIDING OFFICER (Mr. AL- erwise receive basic pay (including by taking what it does, you may be as puzzled as EXANDER). Without objection, it is so any annual, military, or other paid leave) to I am. Here is what the amendment says ordered. which such employee is entitled by virtue of in a few words: If you are a Federal em- Mr. DURBIN. Mr. President, I ask such employee’s civilian employment with ployee who is activated to serve in ei- unanimous consent the pending busi- the Government. ther a Guard or Reserve unit, the Fed- ness be set aside and I be allowed to ‘‘(2) For purposes of this section, the period eral Government will make up the dif- file an amendment. during which an employee is entitled to re- ference in pay while you serve. The PRESIDING OFFICER. Without employment rights under chapter 43 of title That is it. You understand, I am sure, objection, it is so ordered. 38— as we all do, that we have thousands of ‘‘(A) shall be determined disregarding the AMENDMENT NO. 356 provisions of section 4312(d) of title 38; and men and women across America who Mr. DURBIN. Mr. President, I send ‘‘(B) shall include any period of time speci- are members of Guard and Reserve an amendment to the desk and ask for fied in section 4312(e) of title 38 within which units who are now being activated and its immediate consideration. an employee may report or apply for employ- deployed overseas for extended periods

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.020 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3471 of time, interrupting their daily lives fringe benefits for the families of those only Sears but Boeing, State Farm In- and putting some hardship on their Guard and Reserve soldiers who are surance, the State of Illinois, the city families and their businesses, but they overseas. Some provide continued full of Chicago, and many other Illinois serve their country. We find that many salary for a few months, and more and companies, local governments, and in- employers have decided to do not only more employers make up the difference stitutions cover the pay differential for the right thing but the patriotic thing in lost pay that the workers suffered Reserve and Guard members called to and have said: We will stand behind our during mobilization. active duty. employees. If they are going to serve Covering the pay gap is an important More and more American employers America, we will make up any loss of benefit because some Reserve compo- are providing a pay differential benefit pay which they experience during the nent members suffer a loss of income to their workers who are mobilized for period of their service activation. during mobilization. A recently re- active duty. The number of ‘‘out- It is something we all applaud. In leased Department of Defense study in standing employers’’ recognized on the fact, the President has given speeches May of 2004 reveals that 51 percent of ESGR Web site for providing pay dif- about it. There are not too many Sen- the members of our National Guard ferential has been steadily growing. ators who have not given speeches ap- and Reserve suffer a loss of income Even as the war goes on, more and plauding those employers who stand when mobilized for long periods of ac- more companies are stepping up for behind these Guard families and Re- tive duty because military pay is less their people. They are stepping up in serve families. than pay in their civilian jobs. The av- the private sector for their employees. It turns out, when we look at all the erage reservist loses $368 a month. How can we in the Federal Government employers across America, there is one That calculates out to about $4,300 a do anything less? While the major em- notable omission. The U.S. Govern- year in income. For many families, ployers in America are rushing to sup- ment does not make up the difference that $368 a month has a significant im- port the guardsmen and reservists, our in pay between the guardsmen and re- pact. Not only must they deal with the Federal Government has not done so. servists who are activated. So you find absence of someone they love but now In a recently released DOD survey, many Federal employees going off to on top of it must also tighten the fam- they asked Reserve component mem- serve our country are serving next to ily financial belt a notch or two and bers what factors they took into con- someone from the private sector who endure a decline in perhaps their stand- sideration before they decided to leave has the helping hand of their employer ard of living, pressure on the family the National Guard and Reserve. while those employees of our Federal back home, and certainly more pres- Let me show you that list. First, as I mentioned earlier, 51 percent of those Government are being disadvantaged. sure on the soldier who worries about in the Reserve who are activated lose America’s Federal employees are a them as they serve our country over- income when they are mobilized, and 11 valuable asset to our Nation, not just seas. in the public service they perform While the average monthly income percent lose more than $2,500 per every day to keep America’s Govern- loss was $368, the DOD Status of Forces month. I also mentioned this Web site. The ment going but today about 120,000 Survey found that some reservists were employer-supported Guard and Reserve Federal employees serve America as losing a lot more. Eleven percent of all Web site based out of Arlington, VA, well in the National Guard or Re- reservists report losing income of more has a long list of over 1,000 employers serve—120,000. Indeed, about 17,000 have than $2,500 a month, $30,000 a year for who helped their activated Guard and been mobilized and deployed overseas the year that they are activated and soldiers, and 900 of them have provided as I speak—17,000 Federal employees. deployed. That is a huge sacrifice to pay differential for indefinite periods Unfortunately, their employer, the make in the service of your country on of time, some for 12 months and some U.S. Federal Government, lags behind top of risking your life every single for 6 months. But they are standing be- leading businesses and States and local day. hind their Guard and Reserve units. governments, which provide support to The Department of Defense operates When you take a look at the number their workers who are activated. The a program called Employer Support of of outstanding employers who are mak- Federal Government does not. the Guard and Reserve—ESGR for ing a greater sacrifice for their mem- The amendment I propose is an op- short. Its purpose is to help employers bers of Guard and Reserve units, look portunity to correct this shortcoming, understand and comply with the new at what happened since October of 2003. update the Federal Government’s sup- law regarding protections for members The number of employers making the port for these workers, and keep pace of the Reserve. The program highlights pay differential for their employees with the high standards set by other and recognizes those employers who do called to Reserve duty has been in- employers. For many years now every more than the law requires, particu- creasing. But the U.S. Government is employer in America has had to con- larly those who are supportive of the still not one of them. They ask the sider how to respond to having workers Guard and Reserve. members of the Reserve and Guard: activated in the Guard and Reserve. In To publicize these outstanding em- Why didn’t you re-up, why didn’t you times of peace, companies must accom- ployers, ESGR lists them on their Web reenlist? Here are the reasons they modate staffing, schedule duties for the site. If you scroll down the Web site, gave in a survey: 95 percent said it was requirement for workers to be sent for you will see listed more than 1,000 com- too great a family burden, 91 percent training or drills. The law requires panies across America, nonprofit orga- said too many activations and deploy- that they do this, and they follow the nizations, State and local govern- ments, 90 percent said activations-de- law. ments, all of which stand behind their ployments are too long, and 78 percent In wartime, however, workers can be Guard and Reserve while the Federal said income lost. called away for duty for months, some- Government does not. Of those that are This is a factor in retention and re- times even years. It is a big challenge listed, more than 900 are saluted for cruitment. It is a factor in the life- for employers. providing pay differential. Think of it: styles of these families of Guard and How are they responding? What we 900 companies, 900 units of government Reserve unit members. have seen since 9/11 is that America’s that say, We will stand behind that sol- How can we come before this Con- business communities and State and dier, we will make up the difference in gress asking for additional funds for local governments not only provide the pay. the soldiers overseas and overlook the employment and reemployment protec- On the first page, you will see 3M, obvious? The Federal Government is tions required by law, but many of A.G. Edwards, Abbot Laboratories, not providing its share of helping these them go above and beyond requirement ADT Security Service, and Aetna. That same soldiers. How can we throw bou- and patriotically provide even greater is just the beginning. If you scroll quets, as we should, to all of these benefits and protections for their work- down, you will see ICBM. I am proud to other employers who meet their re- ers mobilized for duty in the Guard and say you will see Sears & Roebuck from sponsibility and fail to meet our own? Reserve. Many of these same busi- my State of Illinois, General Motors, With recruiting numbers falling nesses and State and local govern- United Parcel Service, and Ford Motor short in virtually every branch of serv- ments continue health insurance and Company. In my State of Illinois, not ice, we need to do everything we can to

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.076 S12PT1 S3472 CONGRESSIONAL RECORD — SENATE April 12, 2005 lessen the burden. By ensuring Federal ensuring a strong economic position for the armor, body armor, with helmets on employees, if they are mobilized, that country. our head, in the C–130 as it made a their families will not have to endure I ask unanimous consent that this corkscrew landing into Baghdad. We loss of income, we can help reduce one letter be printed in the RECORD. shared a wonderful, unforgettable op- of the major factors that drive people There being no objection, the mate- portunity to meet not only the leader- away from the Guard and Reserve. rial was ordered to be printed in the ship in the Green Zone but to meet This measure is not only good em- RECORD, as follows: with the marines and soldiers who are ployee support, it is not only in keep- RESERVE OFFICERS ASSOCIATION there risking their lives. ing with the standards established by OF THE UNITED STATES, I sat down across the table from other leading employers, it is not only Washington, DC, April 12, 2005. those three marines, recalled the guard the patriotic thing to do, it is prudent Hon. RICHARD J. DURBIN, unit I met the night before, and I management of our Reserve component U.S. Senate, thought to myself, we owe them some- forces. Reserve component soldiers face Washington DC. thing, not simply thanks but some- different family and professional situa- DEAR SENATOR DURBIN: The Reserve Offi- thing significant and something tan- tions than Active-Duty soldiers. They cers Association, representing 75,000 Reserve gible. Component members, supports your amend- For those who work in the Federal must not only perform military duties ment to the emergency supplemental appro- in addition to their civilian career, priation, SR 109–052, to provide an income workforce, this is something tangible they have to shift back and forth be- offset for mobilized federal employees. we can do. We can make up the dif- tween these two responsibilities. The Guard and Reserve face financial chal- ference in lost pay. We can say to Additionally, these Reserve compo- lenges whenever they are mobilized and ROA them, worry about coming home safe- nent soldiers bring to their military continues to hear stories of lost businesses, ly, but don’t worry about whether your service something special: all of their increasing credit card debt, and families family is going to make the mortgage accumulated civilian time and civilian forced to sell their homes. Many employees payment and pay the utility bills and career experience. pay the difference between the civilian and keep things together while you are In Iraq, thanks to Guard and Reserve military salary for mobilized Reservists; yet overseas. one of the largest employers, the federal gov- forces, we have experienced teachers, ernment, does not. That is what this amendment is all construction supervisors, civil admin- In the Army Times Article, ‘‘Compensating about. We express our gratitude in istrators, engineers, professionals over for lost pay a bad idea, reserve head says’’, many different ways for the men and a wide range of skills, skills particu- dated March 7, 2005, it was inferred a reserve women in uniform, but this amend- larly helpful in rebuilding that ravaged pay differential would be unfair to active- ment which I have offered with Senator nation. This derives from the unique duty troops. It is a shame that it is consid- MIKULSKI, Senator ALLEN, and Senator nature of the Reserve component serv- ered okay for Reservists to accept year- CORZINE, says to my colleagues, on a ice and its value to the nation we must after-year of pay losses during mobilization bipartisan basis, let us offer to these protect. on top of the losses from missed promotions, men and women in uniform not only This provision has already passed the missed contributions to a retirement ac- count, missed incremental pay increases our thanks and our praise but the fi- Senate twice. In October 2003, it was with their civilian job. nancial support they need to give them agreed to by vote of 96 to 3 as an Helping to maintain the financial health of peace of mind. amendment to the supplemental for our military, positively affects everyone by Mr. GREGG. Mr. President, the pend- fiscal year 2004. In June of 2004, it was ensuring a strong economic position for the ing Emergency Supplemental Appro- agreed to by a voice vote as an amend- country. Congressional support for our na- priations Act for Defense, the Global ment to the national defense author- tion’s military men and women in the Guard War on Terror, and Tsunami Relief for ization bill. On both occasions, I and Reserve is and always will be appre- 2005, H.R. 1268, as reported by the Sen- watched as this measure went into the ciated. ate Committee on Appropriations, pro- Sincerely, bipartisan conference committee and vides a net $80.582 billion in budget au- ROBERT A. MCINTOSH, disappeared. Apparently someone is op- Major General (Ret), USAFR, thority and $32.790 billion in outlays in posed to the Federal Government mak- Executive Director. fiscal year 2005. Of this amount, $74.763 ing up the difference in pay for acti- Mr. DURBIN. Thank you very much, billion is for defense activities, and the balance of $5.819 billion is for non- vated Guard and Reserve soldiers. The Mr. President. These folks who passed defense activities. same Government that is praising busi- this amendment twice recognized re- nesses for doing this is deep-sixing this This bill is $1.299 billion less than the ality. President’s request in budget author- provision when it comes time to con- Since the end of the Cold War, em- sider it in the conference committees. ity, but is $0.699 billion more in out- ployment of our Reserve Forces has I have just been handed a letter from lays. Compared to the House-passed shifted profoundly from being pri- the Reserve Officers Association of the bill, the Senate-reported version is United States. I am happy to report it marily an expansion force to augment $0.759 billion less in budget authority, to my colleagues in the Senate. Active Forces during major war to the but is $0.608 billion more in outlays. situation we face today where the De- The Reserve Officers Association, rep- Nearly every individual appropria- resenting 75,000 Reserve component mem- partment of Defense acknowledges that tion item in the bill is designated as an bers, supports your amendment to the emer- no significant operation can be under- emergency. In total, the bill designates gency supplemental appropriation to provide taken without the Guard and Reserve. $81.592 billion in budget authority as an an income offset for mobilized Federal em- Today, more than 40 percent of the emergency, the outlays flowing from ployees. forces fighting the global war on ter- that budget authority also have the I might add that it goes on to quote rorism are members of our Guard and emergency designation; in fiscal year an Army Times article dated March 7, Reserve. Our part-time warriors have 2005, the associated outlays are esti- 2005, entitled ‘‘Compensating for lost become full-time protectors of free- mated to be $32.790 billion. The bill in- pay a bad idea, reserve head says.’’ It dom. cludes rescission totaling $1.010 billion inferred in this article that a Reserve The Federal Government is the Na- in budget authority only. pay differential would be unfair to Ac- tion’s largest employer. We must set For the information of my col- tive-Duty troops. an example. We must show the initia- leagues, I would like to briefly summa- This retired Major General Mcintosh tive. We must stand behind the men rize where the Senate stands in rela- goes on to say: and women of the Federal workforce tion to budgetary enforcement of ap- It is a shame that it is considered OK for who are risking their lives for us over- propriation bills in 2005. Although the Reservists to accept year-after-year pay seas. Similar legislation has been en- conference report on the 2005 budget losses during mobilization on top of the acted in at least 23 other States. resolution was not adopted by both the losses from missed promotions, missed con- The Presiding Officer and I had a rare House and Senate, enactment of the tributions to a retirement account, missed opportunity not long ago. We flew into incremental pay increases with their civilian 2005 Defense Appropriations bill, P.L. job. Baghdad 2 or 3 weeks ago. It was a 108–287, section 14007, did give effect to Helping to maintain the financial health of harrowing trip in the back of a C–130. some of the provisions in that resolu- our military positively affects everyone by We were strapped into our combat tion, including a 302(a) allocation to

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.078 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3473 the Appropriations Committee and sec- ing immediate action; (III) . . . unfore- on their exports to the United States. tions 402 and 403 of the 2005 budget res- seen, unpredictable, and unanticipated; Passing the amendment would be a re- olution relating to emergency legisla- and (IV) not permanent, temporary in sponsible way for the Senate to address tion and overseas contingency oper- nature’’ with the proviso that an the significant problems caused by ations. ‘‘emergency that is part of an aggre- China fixing the exchange rate of its First, any appropriation for 2005 that gate level of anticipated emergencies, currency, known as the renminbi or is not designated as an emergency or as particularly when normally estimated yuan, to the United States dollar. an overseas contingency would be sub- in advance, is not unforeseen.’’ I note I have been concerned about China’s ject to a 302(f) point of order because that the committee report does not in- trade policies for some time. I am par- appropriations enacted to date have al- clude any discussion of how each indi- ticularly concerned about the under- ready exceeded the allocation provided vidual item in this bill that is des- valuation of the Chinese currency for 2005. ignated as an emergency meets all of caused by China’s currency peg. Pres- Second, of the total amount des- these criteria. ently, the yuan is undervalued between ignated as an emergency in H.R. 1268, This supplemental appropriations 15 and 40 percent. This systematic $74.763 billion in budget authority is bill has been requested by the Presi- undervaluation of China’s currency designated as an emergency for defense dent, and the Congress has responded. makes China’s exports less expensive activities, which is exempt from the It will be conferenced quickly and and puts United States workers at a se- emergency designation point of order. signed by the President. I know the vere disadvantage. As a result, the Section 403 of the 2005 budget resolu- temptation is strong, almost irresist- United States has lost thousands of tion provided that $50 billion was as- ible, for my colleagues to attempt to manufacturing jobs due to the unfair sumed in the resolution for 2005 appro- amend the bill with extraneous items competition with China’s exports with priations for overseas contingency op- that may be quite important—but this prices that are artificially low on ac- erations, which would not even require is not the place for them. I will strong- count of the undervaluation of the an emergency designation. The same ly object to making this supplemental yuan. This is both unfair and it is un- law that gave effect to sections 402 and appropriations bill ‘‘Christmas in acceptable. 403 of the 2005 budget resolution also April’’ for various nondefense discre- China’s undervalued currency also provided $25 billion for overseas contin- tionary items and for new or expanded harms China’s economy. The Chinese gency operations that were designated mandatory spending. people pay much higher prices for their an emergency, but the funds were pro- I commend the distinguished Chair- imports and China is presently forced vided in 2004. One way to think about man of the Appropriations Committee to keep its interest rates artificially the $74.763 billion in emergency defense for bringing this legislation before the low to support the currency peg, which funds provided in this bill is that it ex- Senate, and I ask unanimous consent is causing inefficient investment and ceeds by almost $25 billion in the that a table displaying the Budget excessive bank lending in China. More- amount contemplated for overseas con- Committee scoring of the bill with over, this undervaluation of the Chi- tingency operations for fiscal year 2005 comparisons to the House-passed bill nese currency is fueling the dramatic in the 2005 budget resolution. and the President’s request be printed rise of the United States trade deficit Third, the remaining amount that is in the RECORD. with China and distorting trade rela- designated as an emergency in H.R. There being no objection, the mate- tionships around the globe. 1268—$6.829 billion—is all for non- rial was ordered to be printed in the Currently, we have a $162 billion defense activities. As a result, any RECORD, as follows: trade deficit with China, the largest member of the Senate may use the that we have with any country in the emergency designation point of order H.R. 1268, 2005 EMERGENCY SUPPLEMENTAL—SPENDING world. Accordingly, supporting efforts under section 402 of the 2005 budget res- COMPARISONS—SENATE-REPORTED BILL to get China to move forward toward a olution to question, or strike, the [Fiscal year 2005, in millions of dollars] flexible exchange rate is consistent emergency designation attached to with supporting a more open and effi- each individual nondefense appropria- Defense (050) Non-Defense Total cient global marketplace. tion item in the bill or an amendment I was recently in China and had the thereto. Such a point of order can be Senate-reported bill: Budget authority ...... 74,763 5,819 80,582 opportunity to meet with Premier Wen waived with 60 votes. If the point of Outlays ...... 31,605 1,185 32,790 Jiabao, member of the Politburo order is not waived, the designation House-passed: Budget authority ...... 77,175 4,166 81,341 Standing Committee and the Chinese would be struck from the bill or Outlays ...... 31,497 685 32,182 Communist Party’s Central Com- amendment, leaving only the appro- President’s request: Budget authority ...... 75,315 6,566 81,881 mittee. I made precisely these points priation, which, absent its emergency Outlays ...... 31,219 902 32,121 to him: That it is in China’s best inter- designation, which would have pre- Senate-reported bill compared to: est to move toward a flexible exchange vented the item from ‘‘counting’’ for House-passed: rate, and that the Chinese currency peg budget enforcement purposes, would Budget authority .... ¥2,412 1,654 ¥759 Outlays ...... 108 500 608 benefits neither China nor the United then count against the committee’s al- President’s request: States. I urged him to support moving location, meaning a 302(f) point of Budget authority .... ¥552 ¥747 ¥1,299 Outlays ...... 386 283 669 China toward a flexible exchange rate. order would lie against the bill or One of the primary arguments Chi- Note: Details may not add to totals due to rounding. Totals adjusted for amendment. consistency with scorekeeping conventions. nese officials made to defend China’s May I also point out to my col- currency peg is the banking system is leagues that the emergency designa- The PRESIDING OFFICER. The Sen- not sufficiently developed for a flexible tion point of order requires that if ‘‘a ator from Ohio. exchange rate, an argument that Sec- provision of legislation is designated as Mr. VOINOVICH. Mr. President, I ask retary of the Treasury John Snow an emergency requirement . . . the unanimous consent to speak as in makes on occasion when he gives rea- committee report and any joint explan- morning business for up to 15 minutes. sons why he is not pushing them harder atory statement of managers accom- The PRESIDING OFFICER. Without for them to stop fixing their currency. panying that legislation shall include objection, it is so ordered. I have an article from The Economist an explanation of the manner in which f that helps explain in detail why ex- the provision meets the criteria,’’ change rate flexibility is in China’s which are defined as follows: ‘‘Any EXCHANGE RATE OF CHINESE best interest, along with the best inter- such provision is an emergency re- CURRENCY est of the United States. The title of quirement if the underlying situation Mr. VOINOVICH. Mr. President, I the article from March 19, 2005 is: poses a threat to life, property, or na- rise today to discuss last Wednesday’s ‘‘China Ought to Allow More Flexi- tional security and is—(I) sudden, vote against tabling the Schumer bility in Exchange Rate, Sooner Rather quickly coming into being, and not amendment. The Schumer amendment Than Later.’’ building up over time; (II) an urgent, would call on China to move toward a I ask unanimous consent to have it pressing, and compelling need requir- flexible rate or face corrective tariffs printed in the RECORD.

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.022 S12PT1 S3474 CONGRESSIONAL RECORD — SENATE April 12, 2005 There being no objection, the mate- well-functioning market without a fully rency to remedy the problems caused rial was ordered to be printed in the open capital account. A more flexible cur- by an undervalued currency. All China Record, as follows: rency would itself assist the development of needs to do is take steps in that direc- such a market. For example, firms would tion, such as adopting a wider ex- [From the Economist, Mar. 19, 2005] have more incentive to hedge foreign-ex- ECONOMICS FOCUS—PUTTING THINGS IN ORDER change risks, encouraging the development change rate ban or pegging the ex- CHINA OUGHT TO ALLOW MORE FLEXIBILITY IN of suitable instruments. The experience of change rate to a basket of currencies ITS EXCHANGE RATE, SOONER RATHER THAN greater exchange-rate flexibility would also instead of the dollar alone, for exam- LATER help the economy to prepare for a full open- ple, a basket of currencies in the The Chinese government says that it in- ing of the capital account. While capital con- ASEAN countries, including Japan. Ei- tends, eventually, to make its exchange rate trols shielded the economy from volatile ther of these policies would likely more flexible and to liberalise capital con- flows, China would have time for reforms to cause an upward revaluation of the trols. In the past year or so, it has already strengthen the banking system. yuan. Unfortunately, the Bush admin- eased some controls on capital outflows and China instead seems intent on relaxing capital controls before setting its exchange istration has refused meaningful action officials have said recently that they will to get China to move toward a flexible open the capital account further this year. rate free. This ignores the history of the past On the exchange rate, much less has been decade or so: the combination of fixed ex- exchange rate. done. The yuan has been pegged to the dollar change rates and open capital accounts has Last year—I remember it well—on for a decade; and the government is loath to caused financial crises in many emerging September 8—that happens to be my change much until the country’s banking economies, especially when financial sys- wedding anniversary—four of our lead- system is in healthier shape: this week the tems are fragile. China would therefore be ers in this country summarily said prime minister, Wen Jiabao, said that a shift wise to move cautiously in liberalising its there is no problem in terms of the ex- capital account, but should move more rap- would be risky. But is China putting the cart change rate and they refused to go for- before the horse? Other countries’ experience idly towards greater exchange-rate flexi- bility. ward with something called a 301 inves- suggests that it is, and that it is better to tigation. The 301 investigation is allow- loosen the exchange rate before, not after, YUAN AT A TIME able under the WTO. That is the way freeing capital flows. The Chinese have tried to offset the recent Most commentary on the Chinese yuan upward pressure on the yuan by easing con- you bring into question whether some- tends to focus on the extent to which it is trols on capital outflows, for instance by al- body is following the rules. They said, undervalued. It has been pegged to the dollar lowing firms to invest abroad. While this is no, we are not going to do it. Imagine for a decade, and there is a widespread belief in line with the eventual objective of full what kind of a message that sent to that it is unfairly cheap. In fact, this is not capital-account liberalisation, it runs the the leaders of the Chinese Government, clear-cut. For instance, the increase in Chi- risk of getting reforms in the wrong order. that we were not even willing to look na’s official reserves is often held up as evi- An easing of controls on outflows may even at a 301 investigation. That was a mis- dence that the yuan is undervalued. Yet this be counterproductive if it stimulates larger largely reflects speculative capital inflows take. inflows. By making it easier to take money The United States-China Economic lured by the expectation of a currency reval- out of the country, investors may be enticed uation. Such inflows could easily be re- to bring more in. and Security Review Commission, a bi- versed. Given the huge uncertainty about Capital controls are not watertight. So al- partisan commission established by the yuan’s correct level, it makes more sense though China will continue to be protected Congress to examine China’s trade poli- for China to make its currency more flexible from international flows, its controls can be cies, has concluded that China’s ex- than to repeg it at a higher rate. Greater evaded through the under- or over-invoicing change rate policy violates both its flexibility would be in China’s interest: it of trade. Multinationals can also use transfer International Monetary Fund and would afford the country more independence prices (the prices at which internal trans- World Trade obligations. That was a bi- in monetary policy and a buffer against ex- actions are accounted for) to dodge the rules. ternal shocks. By fixing the yuan to the dol- Despite extensive controls, a lot of capital partisan commission that came to- lar, China has been forced to hold interest left China during the Asian crisis in the late gether and issued this report. The com- rates lower than is prudent, leading to ineffi- 1990s; recently, lots of short-term money has mission said China is intentionally ma- cient investment and excessive bank lending. flowed in. Controls are likely to become even nipulating its currency for trade ad- The problem is that Chinese officials, more porous as China becomes more inte- vantage in violation of its trading along with many foreign commentators, tend grated into the global economy. Thus, wait- agreements. Yet the administration re- to confuse exchange-rate flexibility and cap- ing for speculative and other inflows to ease fuses to act. Unless the United States ital-account liberalisation. A commonly before changing the exchange-rate regime exerts direct pressure on China, how- heard argument is that China cannot let its might not be a fruitful strategy. exchange rate move more freely before it has China ought to move to a flexible exchange ever, it is unlikely that China will ad- fixed its dodgy banking system, because that rate soon, while its capital controls still dress the undervaluation of its cur- could encourage a large outflow of capital. A work. Experience also suggests that it is best rency. When I asked the question of recent paper* by Eswar Prasad, Thomas to loosen the reins on a currency when Premier Wen, he said, We know there is Rumbaugh and Qing Wang, all of the Inter- growth is strong and the external account is a problem, but we are not sure when we national Monetary Fund, argues that, on the in surplus. China should take advantage of will do it. contrary, greater exchange-rate flexibility is today’s opportunity rather than being forced I can say they will not do it unless a prerequisite for capital-account into change at a much less convenient time. we continue to put pressure on them to liberalisation. Mr. VOINOVICH. I also urge my col- do it and convince them that, again, it Flexibility does not necessarily mean a leagues to read a paper by the staff of free float. Initially, China could allow the is not only in our best interest but yuan to move within a wider band, or peg it the International Monetary Fund enti- their best interest if they want to be a to a basket of currencies rather than the dol- tled ‘‘Putting the Cart Before the player in the global marketplace. lar alone. The authors first knock on the Horse: Capital Account Liberalization That is why Wednesday’s vote was head the notion that the banking system and Exchange Rate Flexibility in important. It showed the Senate is must be cleaned up before allowing the ex- China.’’ That is a January publication willing to take matters into its own change rate to move. Although financial re- by the IMF. I would have asked it be hands and take effective steps to ad- form is certainly essential before scrapping printed in the RECORD, but it is 30 dress the serious problem if the admin- capital controls, the authors argue that with pages long and I do not want to burden existing controls in place the banking sys- istration continues to refuse to do so. tem is unlikely to come under much pressure the CONGRESSIONAL RECORD with 30 No one wants to see tariffs imposed on simply as a result of exchange-rate flexi- pages. If my colleagues are interested Chinese exports, but the United States bility. Banks’ exposure to currency risks is in getting a copy of that article, I needs to take action to address China’s currently low and flexibility alone is un- would be more than happy to supply it. unfair exchange rate policy. I hope likely to cause Chinese residents to with- These papers show how exchange rate Wednesday’s vote will motivate the ad- draw their deposits or provide channels for flexibility will facilitate economic de- ministration to do more to get China them to send their money abroad. velopment in China and why China to address the serious market distor- The authors argue that it is also not nec- does not have to wait until its banking essary to open the capital account to create tions caused by the undervaluation of a proper foreign-exchange market. Because system is more fully developed to move China’s currency. China exports and imports a lot, with few re- toward a flexible exchange rate. I believe in fair trade and improving strictions on currency convertibility for Moreover, they note that China does our trading relationship with China. I such transactions, it can still develop a deep, not need to immediately float its cur- was one of the leaders in the Senate to

VerDate Aug 04 2004 01:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.024 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3475 approve normal trade relations with farce, and we documented it very well. vent of SUVs. The IPCC was so im- China. I wrote articles in Ohio maga- The same is true of the 2001 report of pressed that the hockey stick was fea- zines. In fact, I gave a copy of an arti- the IPCC. That is the Intergovern- tured prominently in its Third Assess- cle to Premier Wen to prove to him I mental Panel on Climate Change. It ment Report of 2001. am not a protectionist, I am a free supposedly provides irrefutable evi- As Dr. Roy Spencer, the principal re- trader. dence of the global warming consensus. search scientist at the University of But I also believe in fair trade. It rep- Simply put, it does not, as my speech Alabama, noted: resents a huge potential market for our today will demonstrate. This was taken as proof that the major cli- exports. If we want to have trade with The media greeted the release of the mate event of the last 1,000 years was the in- China, though, China must be a better IPCC’s Third Assessment Report with fluence of humans in the 20th century. One trading partner, starting with its ex- the predictable hysteria with which of its authors, Dr. Michael Mann, confidently declared in 2003 that the hockey stick ‘‘is the change rate policies. Furthermore, if they normally respond to things such indisputable consensus of the community of we want to have a free and fair global as this. From the Independent news- scientists actively involved in the research trading system, China must take ac- paper of London: of climate variability and its causes.’’ tions to move toward a flexible ex- In a report published today by the United The hockey stick caused quite a stir, change rate. I, therefore, believe Nations Intergovernmental Panel on Climate not just in the scientific community Wednesday’s vote was a responsible Change (IPCC), hundreds of the world’s lead- but also in the world of politics. It gal- ing scientists give their unqualified support step aimed at advancing global trade vanized alarmists in their push for and, in particular, America’s long-term to the view that global warming is real and that the release of manmade greenhouse Kyoto. It is supposedly ironclad proof trading relationship with China. gases is largely responsible. that manmade greenhouse gas emis- I say to the Presiding Officer, as you It continues: sions are warming the planet at an know, there was an agreement made The latest three-volume report, amounting unsustainable degree. But here again, that it would be pulled down from the to 2,600 pages of detailed analysis, leaves the one of the essential pillars of the foreign relations authorization bill, reader in little doubt that the scientific un- alarmists appears to be crumbling. and this is going to be considered certainties of the previous decade are being Two Canadian researchers have pro- again. There is an agreement, in the resolved in favor of an emerging, and in- duced the most devastating evidence to form of a UC, that we will be bringing creasingly pessimistic consensus. date that the hockey stick is bad it up again. I hope before the Senate The preceding quotes, and many that science. Before I describe their work, I considers voting on that amendment followed in the Independent’s report, want to make a prediction. The alarm- with an up-or-down vote the adminis- came from the Third Assessment’s ists will cry foul, saying this critique is tration will get the message that they ‘‘Summary for Policymakers.’’ In fact, part of an industry conspiracy. And have to do something to show a little the media based much, if not all, of its true to form, they will avoid discussion bit of spirit and indicate to us that reporting on the summary itself. It did of the substance and engage in personal they understand and know that the this even though in some respects the attacks. That is because one of the re- Senate and the House of Representa- summary distorted the actual context searchers, Stephen McIntyre, is a min- tives are serious about moving forward of the full report. eral exploration consultant. Dr. Mann to deal with this problem. The National Academy of Sciences, already has accused them of having a I also think the vote on this par- in its 2001 report, criticized both how conflict of interest. This is nonsense. ticular amendment sends a strong sig- the summary was written and how the First, Stephen McIntyre and his col- nal, a signal to Premier Wen and to media portrayed it, as in this chart No. league, Ross McKitrick, an economist President Hu that we are concerned 1: with Canada’s University of Guelph, re- about this issue. I know they are con- The IPCC Summary for Policymakers ceived no outside funding for their cerned about jobs. We are concerned could give an impression that the science of work. They are both very well recog- about jobs. They have to understand global warming is settled, even though many nized professional people. Second, they that. I am hoping instead of the admin- uncertainties still remain. published their peer-reviewed critique istration looking at this as some kind This clearly contradicts the claim of in geophysical research letters. This is of a negative action on the part of the the Independent that there is little no organ of big oil, but an eminent sci- Senate, that they will see that we are doubt that the scientific uncertainties entific journal, the same journal, in helping them communicate the mes- in the previous decade are settled. fact, which published the version of Dr. sage to the people over there that we Another claim the media featured Mann’s hockey stick that appeared in are serious about a problem. prominently was that temperature in- the IPCC’s Third Assessment Report. Mr. President, I suggest the absence creases over the last century are un- Apparently the journal’s editor didn’t of a quorum. precedented, at least when considered see much evidence of bias. The remarks The PRESIDING OFFICER (Mr. on a time scale of the last 1,000 years. of one editor are worth quoting in full: CHAMBLISS). The clerk will call the According to the IPCC, the 1990s were S. McIntyre and R. McKitrick have written roll. the warmest decade on record, and 1998 a remarkable paper on a subject of great im- The legislative clerk proceeded to was the warmest year since tempera- portance. What makes the paper significant ture records began in 1861. The basis is that they show that one of the most wide- call the roll. ly known results of climate analysis, the Mr. INHOFE. Mr. President, I ask for this claim is a so-called hockey ‘‘hockey stick’’ diagram of Mann [and com- unanimous consent that the order for stick graph, shown in chart No. 2. This pany], was based on a mistake in the applica- the quorum call be rescinded. is an interesting one because this plots tion of a mathematical technique known as The PRESIDING OFFICER. Without out the temperatures over a period of principle component analysis. objection, it is so ordered. time and then shows the blade, when it Further, he said: Mr. INHOFE. Mr. President, I ask gets to be the 19th century, coming up. I have looked carefully at the McIntyre unanimous consent that I be recog- The graph was constructed by Dr. Mi- and McKitrick analysis, and I am convinced nized for up to 30 minutes as in morn- chael Mann of the University of Vir- that their work is correct. ing business. ginia and his colleagues using a com- What did McKitrick and McIntyre The PRESIDING OFFICER. Without bination of proxy data and modern find? In essence, they discovered that objection, it is so ordered. temperature records. The hockey stick Dr. Mann misused an established sta- f curve showed a gradual cooling period tistical method called principal compo- around 1400 A.D., which is the hockey nents analysis, PCA. As they ex- GLOBAL CLIMATE CHANGE stick handle—that is the horizontal plained, Mann created a program that Mr. INHOFE. Mr. President, today I line—then a sharp warming starting ‘‘effectively mines a data set for hock- continue my series of talks on the four about 1900, the hockey stick blade. Its ey stick patterns.’’ In other words, no pillars of climate alarmism. Last week release was revolutionary, overturning matter what kind of data one uses, I showed the first pillar, the 2001 cli- widespread evidence adduced over even if it is random and totally mean- mate change report by the National many years confirming significant na- ingless, the Mann method always pro- Academy of Sciences. It was really a tional variability long before the ad- duces a hockey stick. After conducting

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.083 S12PT1 S3476 CONGRESSIONAL RECORD — SENATE April 12, 2005 some 10,000 data simulations, the result North American proxy series. Now it Northern Hemisphere for the past 2000 was nearly always the same. ‘‘In over appeared that he had results that were years shows that natural climate 99 percent of cases,’’ McIntyre and exactly the same as ours, stuffed away change may be larger than generally McKitrick wrote, ‘‘it produced a hock- in a folder labeled CENSORED.’’ thought.’’ ey stick shaped PCI series.’’ Statisti- McIntyre and McKitrick believe According to the paper’s authors, the cian Francis Zwiers of Environment there are additional errors in the Mann Mann hockey stick does not provide an Canada, a government agency, says he hockey stick. To confirm their sus- accurate picture of the last 1,000 years. agrees that Dr. Mann’s statistical picion, they need additional data from ‘‘The new results,’’ they wrote, ‘‘show method ‘‘preferentially produces hock- Dr. Mann, including the computer code an appreciable temperature swing be- ey sticks when there are none in the he used to generate the graph. But Dr. tween the 12th and 20th centuries, with data.’’ Even to a non-statistician, this Mann refuses to supply it. As he told a notable cold period around AD 1600. A looks extremely troubling. the Wall Street Journal, ‘‘Giving them large part of the 20th century had ap- But that statistical error is just the the algorithm would be giving in to the proximately the same temperature as beginning. On a public web site where intimidation tactics that these people the 11th and 12th centuries.’’ Dr. Mann filed data, McIntyre and are engaged in.’’ In other words, here’s evidence of the McKitrick discovered an intriguing What we are talking about is he re- Medieval Warm Period and the Little folder titled ‘‘BACKTOl1400– fused to give him the necessary com- Ice Age, demonstrating that climate, CENSORED.’’ What McIntyre and puterized data to come to the conclu- long before the burning of fossil fuels, McKitrick found in the folder was dis- sion. There is no way of analyzing it. varied considerably over the last 2,000 turbing: Mann’s hockey stick blade was Who are ‘‘these people’’? And what years. The researchers note that based on a certain type of tree—a ‘‘intimidation tactics’’? Mr. McIntyre changes in the sun’s output and vol- bristlecone pine—that, in effect, helped and Mr. McKitrick are trying to find canic eruptions appear to have caused to manufacture the hockey stick. the truth. What is Dr. Mann trying to considerable natural variations in the Remember, the hockey stick shows a hide? climate system. ‘‘The fact that these relatively stable climate over 900 For many scientists, McIntyre and two climate evolutions,’’ they contend, years, and then a dramatic spike in McKitrick’s work is earth-shattering. ‘‘which have been obtained completely temperature about 1900, the inference For example, Professor Richard Muller independently of each other, are very being that man-made emissions are the of the University of California at similar supports the case that climate cause of rising temperatures. So why is Berkeley recently wrote in the MIT shows an appreciable natural varia- the bristlecone pine important? That Technology Review that McIntyre and bility—and that changes in the sun’s bristlecone experienced a growth pulse McKitrick’s findings ‘‘hit me like a output and volcanic eruptions on the in the Western United States in the bombshell, and I suspect it is having earth may be the cause.’’ late 19th and early 20th centuries. How- the same effect on many others. Sud- Another important development ever, this growth pulse, as the spe- denly the hockey stick, the poster- chipping away at the so-called sci- cialist literature has confirmed, was child of the global warming commu- entific consensus has to do with eco- nomics and statistics, and how both not attributed to temperature. So nity, turns out to be an artifact of poor are used by the IPCC. using those pines, and only those pines, mathematics.’’ Dr. Rob van Dorland, of the Royal Netherlands Meteorological To determine how man-made green- as a proxy for temperature during this house gases might affect the climate period is questionable at best. Even Institute, and an IPCC lead author, said, ‘‘The IPCC made a mistake by over the next century, the IPCC had to Mann’s co-author has stated that the predict 100 years’ worth of greenhouse only including Mann’s reconstruction bristlecone growth pulse is a ‘‘mys- gas emissions. Predicting emissions and not those of other researchers.’’ He tery.’’ rates depends on several factors, in- Because of these obvious problems, concluded that unless the error is cor- cluding population growth, techno- McIntyre and McKitrick appropriately rected, it will ‘‘seriously damage the logical advances, and future economic excluded the bristlecone data from work of the IPCC.’’ Or consider Dr. Hans von Storch, an growth rates in developed and devel- their calculations. What did they find? oping countries. IPCC contributing author and inter- Not the Mann hockey stick, to be sure, Based on these and other factors, the nationally renowned expert in climate but a confirmation of the Medieval IPCC’s Third Assessment Report pro- Warm Period, which Mann’s work had statistics at Germany’s Center for jected an average global temperature erased. Coastal Research, who said McIntyre increase by 2100 ranging between 1.4 to This is very interesting because the and McKitrick’s work is ‘‘entirely 5.8 degrees Celsius, which is about 2.7 chart will show, if you would include valid.’’ In an interview last October to 10.4 degrees Fahrenheit. This tem- the calculation—what we refer to as with the German Newspaper Der Spie- perature range was determined from the Medieval Warm Period which, as gel, Dr. von Storch said the Mann several different emission scenarios. In everybody now understands, is a re- hockey stick ‘‘contains assumptions each of those scenarios, the IPCC arbi- ality—then temperatures at that time that are not permissible. Methodologi- trarily assumed that incomes in poor exceeded the temperatures in the blade cally it is wrong: rubbish.’’ He stressed countries and rich countries would con- of the hockey stick. In fact, when I was that, ‘‘it remains important for science verge by the year 2100. According to over in Milan, Italy, at one of the big to point out the erroneous nature of Warren McKibbin of Australia National meetings, I pointed this out as evi- the Mann curve. In recent years it has University’s Center for Applied Macro- dence it was done, and done inten- been elevated to the status of truth by economics and the Brookings Institu- tionally. Why would he start with the the U.N. appointed science body, the tion, this assumption is unwarranted. year when you have a level line going Intergovernmental Panel on Climate Even if it were to happen, McKibbin for 900 years and totally ignore the Me- Change, IPCC. This handicapped all and his colleagues write: that research which strives to make a dieval Warming Period, at which time The empirical literature suggests that the the temperatures of the Earth exceeded realistic distinction between human in- rate of convergence in income per capita the temperatures in this century? fluences and climate and natural varia- would be very slow. As the CENSORED folder revealed, bility.’’ Even the IPCC agrees, stating: Mann and his colleagues never reported If McIntyre and McKitrick’s work It may well take a century (given all the results obtained from calculations that isn’t convincing enough, consider the other factors set favorably) for a poor coun- excluded the bristlecone data. This ap- recent paper published in the February try to catch up to [income] levels that pre- pears to be a case of selectively using 10 issue of Nature. The paper, authored vail in the industrial countries today, never data—that is, if you don’t like the re- by a group of Swedish climate re- mind the levels that might prevail in afflu- sult, remove the offending data until searchers, once again undercuts the ent countries 100 years in the future. you get the answer you want. As McIn- scientific credibility of the Mann hock- Nevertheless, the IPCC assumed poor tyre and McKitrick explained, ‘‘Imag- ey stick. The press release for the and rich countries would achieve par- ine the irony of this discovery . . . study by the Swedish Research Council ity by the end of the century. To meas- Mann accused us of selectively deleting says, ‘‘A new study of climate in the ure that growth over time, the IPCC

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.025 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3477 had to compare what income levels Let us get a better sense of why that would utilize the media to push an unsup- look like today. It did that by using is odd. Under the IPCC’s low-end sce- ported agenda that recent hurricane activity market exchange rates, but this raises nario, the amount of goods and services has been due to global warming. a major problem. Relying on exchange produced per person in developing What is the real state of the science rates fails to account for price dif- countries in Asia would increase 70-fold on this topic? ferences between countries. This has by 2100, and increase nearly 30-fold for All previous and current research in the the effect of vastly overstating dif- other developing countries. To put that area of hurricane variability has shown no reliable, long-term trend in the frequency or ferences in wealth. ‘‘This comparison is in perspective, the United States only intensity of tropical cyclones, either the At- valid,’’ says Ian Castles, formerly head achieved a 5-fold increase in per capita lantic or any other basin. of Australia’s National Office of Statis- income growth in the 19th century, and Dr. Landsea wrote, and this is in the tics, now with the National Center of Japan achieved a nearly 20-fold in- chart: Development Studies at Australian Na- crease in the 20th Century. Moreover, the evidence is quite strong and tional University. The IPCC’s mistakes are fatal. Jacob supported by most recent credible studies Castles and his colleague David Hen- Ryten, a leading figure in the develop- that any impact in the future from global derson, former chief economist for the ment, evaluation, and implementation warming upon hurricanes will likely be quite Organization of Economic Cooperation of the United Nations International small. and Development, now of the West- Comparisons Programme, said the Dr. Landsea noted that the most re- minster Business School, discovered IPCC suffers from ‘‘manifest ignorance cent science shows that ‘‘by around the IPCC’s error last year and have of the conceptual and practical issues 2080 hurricanes may have winds and published their findings in the distin- involved in developing and using inter- rainfall about 5 percent more intense guished scientific journal Energy and country measures of economic prod- than today. It has been proposed that Environment. uct.’’ even this tiny change may be an exag- Castles and Henderson note that The Economist said that the IPCC’s geration as to what may happen by the using exchange rates is invalid because method proved it was guilty of dan- end of the 21st Century.’’ it is based on the assumption that ‘‘[a] gerous economic incompetence. Dr. Landsea concluded that because poor Bangladeshi family has converted Castles and Henderson, along with the IPCC process has been com- the whole of its income into foreign the Economist and other scientists, promised, resigning was his only op- currency, and spent it on goods and have pressed the IPCC to abandon its tion. He said: services at average world prices rather use of market exchange rates in its up- I personally cannot in good faith continue than [at much lower] Bangladeshi coming Fourth Assessment Report. to contribute to a process that I view as both prices.’’ being motivated by preconceived agendas They say this is essential to provide a and being scientifically unsound. Through the use of exchange rates, more accurate projection of future As with Castles and Henderson, the the IPCC concluded the average income emissions. Thus far, the IPCC has ig- IPCC leadership has brushed off Dr. of rich countries right now is 40 times nored their request, but this is no sur- Landsea’s concerns. This is outrageous. higher than the average income in de- prise. The IPCC has become politicized In doing so, the IPCC is seriously un- veloping countries in Asia and 12 times and appears more intent on pursuing higher than the average income in dermining its credibility. propaganda over science. One can only hope that the IPCC will other non-Asian developing countries. Consider the case of Dr. Christopher change its ways. Otherwise, we can ex- As my colleagues can see, there is a Landsea, the world’s foremost expert huge gap, which raises a significant pect yet another assessment report on hurricanes. Dr. Landsea accepted an that is unsupported by facts and point. If the initial income gap is large, invitation to provide input on Atlantic science. then poor countries will have to grow hurricanes for the IPCC’s Fourth As- It is no surprising that alarmists incredibly fast to catch up. According sessment Report due out in 2007. But want to fabricate the perception that to the IPCC, the greater the economic over time, Dr. Landsea realized that there is consensus about climate growth, the greater the emissions re- certain key members of the IPCC were change. We know the costs of this leased into the atmosphere, and hence bent on advancing a political agenda would be enormous. Wharton Econo- higher temperatures. rather than providing an objective, metrics Forecasting Associates esti- The IPCC, as the Economist Maga- fact-based understanding of climate mates that implementing Kyoto would zine wrote, is simply wrong. They said: change. As a result, he resigned from coast an American family of four $2,700 The developing-country growth rates yield- the IPCC process. annually. Acknowledging a full-fledged ed by this method [market exchange rates] Dr. Landsea was outraged that Dr. debate over global warming would un- are historically implausible, to put it mildly. Kevin Trenberth, the lead author of ob- The emissions forecasts based on those im- dermine their agenda. And what is that plausibly high growth rates are accordingly servations for the upcoming Fourth As- agenda? Two international leaders unsound. sessment, and other scientists partici- have said it best. Margot Wallstrom, Castles and Henderson have shown pated in a politically charged press the EU’s Environment Commissioner, convincingly that the IPCC’s tempera- conference at Harvard University on states that Kyoto is ‘‘about leveling ture range rests on a majority of major the supposed causal link between glob- the playing field for big businesses economic error and, therefore, is wildly al warming and extreme weather worldwide.’’ French President Jacques off the mark. Because of this error, events. The press conference was pro- Chirac said during a speech at the even the IPCC’s low end emission sce- moted this way: Hague in November 2000 that Kyoto nario is implausible. As the Economist Experts to warn global warming likely to represents ‘‘the first component of an Magazine wrote: continue spurring more outbreaks of intense authentic global governance.’’ hurricane activity. Look at this and you realize what is But, as we pointed out before, even the sce- motivating these people. People ask narios that give the lowest cumulative emis- In other words, they were trying to sions assume that incomes in the developing blame these catastrophes that come up me if science is not behind this and countries will increase at a much faster rate on what they consider to be global there is that much damage that can be over the course of the century than they warming. effected, what is the motive? That is have ever done before. As Dr. Landsea explained, the topic what the motive is. The Economist continued: was bogus. It has no scientific basis, Facts and science are showing that Disaggregated projections published by the and none of the scientists who partici- the catastrophic global warming con- IPCC say that—even in the lowest-emission pated had any expertise in the matter. sensus does not exist. The IPCC has scenarios—growth in poor countries will be In his resignation letter, Dr. Landsea been exposed as a political arm of so fast that by the end of the century Ameri- wrote: U.N.’s Kyoto Protocol, with a mission cans will be poorer on average than South To my knowledge, none of the participants to prop up its flawed scientific conclu- Africans, Algerians, Argentines, Libyans, in that press conference had performed any sions. Turks and North Koreans. research on hurricane variability, nor were The Mann hockey stick, the flagship And I do not think any of us are they reporting on any new work in the field of the IPCC’s claims that global warm- ready to accept that. . . . It is beyond me why my colleagues ing is real, has now been thoroughly

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.088 S12PT1 S3478 CONGRESSIONAL RECORD — SENATE April 12, 2005 discredited in scientific circles. Projec- GOLDEN GAVEL AWARD Stoneburner, a Nevada labor leader tions of future carbon emissions— Mr. FRIST. Mr. President, on Sep- who passed away on February 21, 2005. which drive temperature model conclu- tember 30, 2004, I had the pleasure to A veteran of the U.S. Marine Corps, Tom served as a deputy sheriff in Mono sions—have been proven to be based on announce that Senator GORDON SMITH political decisions that, by the end of was the latest recipient of the Senate’s County, CA, before moving to Nevada the century, countries like Bangladesh Golden Gavel Award, marking his 100th in 1969. During his 36 years in Nevada, will be as wealthy, or wealthier, than hour of presiding over the Senate. he became one of the most effective the United States. The Golden Gavel Award has long labor leaders in the State, fighting A world renowned scientist has just served as a symbol of appreciation for tirelessly on behalf of the working peo- resigned from the IPCC because it is the time that Senators contribute to ple of Nevada. As a casino security too politicized, saying that the IPCC presiding over the Senate—a privileged guard, he successfully organized union plans to make claims that contradict and important duty. Since the 1960s, elections for guards at two Reno hotel scientific understanding. Increasingly, Senators who preside for 100 hours have casinos and later went on to serve as it appears that the scientific case for been recognized with this coveted president of the United Plant Guard catastrophic global warming is a house award. Workers. of cards that will soon come tumbling On behalf of the Senate, I extend our Tom was dedicated to helping all of down. Nevada’s workers. That is why in 1997 sincere appreciation to Senator SMITH Despite this, there are still some who for presiding during the 108th Congress. he formed the Alliance for Workers choose to ignore science. Rights, an organization expressly com- After I spoke about this last week, f mitted to advocating on behalf of Duke Energy CEO Paul Anderson advo- TRIBUTE TO DOUG FERTIG workers in Nevada who had no union cated a tax on carbon dioxide and other representation. Through his leadership Mr. FRIST. Mr. President, I rise greenhouse gases. In doing so, the com- of this organization, Tom successfully today to pay tribute to a dedicated pany has seemingly bought into the lobbied for strengthened State safety member of the Senate family, Doug spurious notion that the science is set- protections after several workers died Fertig, Human Resources Director of tled. But perhaps it is not. Unfortu- in industrial accidents in 1998 and 2001. nately, to some global warming advo- the Senate Sergeant at Arms office, His passion and determination in pro- cates, the science is irrelevant. who passed away on April 2, 2005, at the tecting the rights of Nevada’s workers As Myron Ebell of the competitive age of 54. belied the soft-spoken and mild-man- Enterprise Institute says: Doug Fertig came to the Sergeant at nered nature that many close to him Duke Energy has now admitted that the Arms in 1996 facing a formidable chal- have recalled since his passing. Tom’s costs will be significant. But the fact is it lenge to standardize processes, estab- example has undoubtedly inspired will only be expensive for their competitors. lish pay bands and job classifications many others who will carry on his Nuclear plants don’t emit carbon dioxide and and a leave accountability system to work, including his wife Kathy who Duke is already one-third nuclear genera- comply with the Congressional Ac- will continue his important work at tion. Moreover, the company has announced countability Act. Doug Fertig’s dedica- plans to build even more nuclear plants, giv- the Alliance for Worker’s Rights. tion, knowledge and compassion to the Mr. President, please join me in rec- ing it an even bigger competitive edge. Senate Sergeant at Arms organization This is a lot of scientific stuff. I have ognizing Tom Stoneburner’s contribu- turned the Human Resources Depart- tions to Nevada workers and in sending said several times since I became ment into the professional organiza- chairman of the Environment and Pub- condolences to Tom’s family for their tion it is today. loss. lic Works Committee that the first Doug Fertig was born in Columbus, thing we did was study this because it OH, received his B.A. from Oberlin Col- f was assumed that global warming is lege in 1972, and held Masters Degrees THE DEATH OF POPE JOHN PAUL taking place and anthropogenic gases from Stanford University and Ohio II are causing it, methane and CO , only 2 State University. Doug Fertig was a Mr. DORGAN. Mr. President, with to find out that is not the case. Vir- dedicated family man who was very the passing of Pope John Paul II, I tually all the science since 1999 has re- proud of his wife Susan, daughter take this opportunity to pay homage futed these assertions. I think we have Emily, and son Andrew. He was pas- to one of the great spiritual leaders of an obligation to recognize these far- sionate about education and any sport our time. He was a truly gifted reli- left environmentalist extremist groups involving Ohio State University. gious leader who touched people all are huge contributors to campaigns During his tenure with the Senate over the world: young and old, rich and and they have a lot of political power, Sergeant at Arms, Doug Fertig was poor, the powerful and the underprivi- but in the long run we have to be more faced with many challenges, including leged, Catholics and non-Catholics. concerned about America than we are anthrax in October 2001 and ricin in Pope John Paul II defied political la- about political campaigns. February 2004. bels and was constant in his beliefs. Mr. President, I yield the floor and Because of Doug’s experience and For him, defending life included oppos- suggest the absence of a quorum. calm demeanor, the challenges of relo- The PRESIDING OFFICER. The ing capital punishment and recourse to cating the Human Resources operation war as well as opposing abortion. De- clerk will call the roll. and continuing to serve the Senate The assistant legislative clerk pro- fending families meant a commitment community were met with calm leader- ceeded to call the roll. to faith and moral uprightness, but it ship and competent direction and sta- Mr. MCCONNELL. Mr. President, I also meant standing up for just wages bility. ask unanimous consent the order for and a social safety net. These beliefs Today we honor Doug for his dedica- the quorum call be rescinded. and convictions made him a respected The PRESIDING OFFICER. Without tion to the Senate, his love for his fam- leader all over the world. objection, it is so ordered. ily, his compassion for the staff in the One of John Paul’s strengths was The Senator from Kentucky is recog- Human Resources department and the reaching out to young adults. World nized. Senate Sergeant at Arms organization. Youth Day was established by the Pope His passing leaves the Senate commu- f on Palm Sunday, 1984. He invited the nity with a profound sense of loss. I Youth of Rome to celebrate the Holy MORNING BUSINESS hope it is of comfort to his family that Year of Redemption with him at Saint Mr. MCCONNELL. Mr. President, I so many people share their loss at this Peter’s Square. It was a great success. ask unanimous consent there now be a sad time. Building upon this success and its pop- period of morning business, with Sen- f ularity, the Pope held this worldwide ators permitted to speak for up to 10 event every 3 years. minutes each. TRIBUTE TO TOM STONEBURNER Over the last 20 years, millions of The PRESIDING OFFICER. Without Mr. REID. Mr. President, I rise today young people from hundreds of coun- objection, it is so ordered. to recognize the life and work of Tom tries have participated in World Youth

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.038 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3479 Day. One young woman who attended Prior to the successful work of Drs. I also applaud the NBA and FIBA for said that young people loved the Pope Salk and Thomas, no one knew how to the charitable efforts that are part of because the Pope loved them: ‘‘People prevent polio, and there was no cure the Basketball without Borders initia- think that teenagers and young people for the disease. Hot weather in late tive. As part of this year’s program, are just out there and reckless, but he summer was ‘‘polio season,’’ bringing the NBA will be conducting several didn’t see it that way. He said, ‘You are on a rash of new cases of paralytic auctions on its website, with the pro- the future and I love you for that.’’’ polio each year. In 1916, a devastating ceeds funding community improvement The world is now mourning the death epidemic struck New York, killing 9,000 efforts worldwide, particularly in dis- of Pope John Paul II. In parishes from people and leaving 27,000 disabled. For advantaged areas. the Americas to Europe to Africa to the next 40 years, not a summer passed As public figures, professional ath- Asia, millions are paying tribute to a without an epidemic occurring some- letes can send a strong message by leader whose central message was love, where in the U.S. In the 1940s and 1950s, serving as role models both on and off respect, faith and responsibility to our the number of cases reported in the the playing field. It is my hope that fellow man. That example is his legacy, U.S. ranged from 40,000 to 60,000 each the players who are taking part in Bas- and regardless of our individual faiths, year. The warmer months of the year ketball without Borders will inspire it is an example for all of us of how to were termed ‘‘nightmare summers of basketball fans around the world to live and relate to our neighbors. May quarantine and contagion.’’ President take a closer look at ways they can ex- God grant Pope John Paul II eternal Roosevelt, who suffered personally tend a hand of friendship to diverse rest and peace, and we thank him for a from the effects of polio, founded the communities around the globe. I salute life lived in the service of people every- National Foundation for Infantile Pa- the athletes who are participating in where. ralysis, now called the March of Dimes, this worthy venture, as well as all f and called upon millions of private those whose hard work has made this citizens to donate dimes to fund the initiative possible.∑ IN HONOR OF THE 50TH ANNIVER- foundation’s work to fight polio. f SARY OF THE SUCCESSFUL SALK Today, polio has been nearly eradi- POLIO VACCINE TRIALS cated. TRIBUTE TO RALPH STURGES, Mr. LEVIN. Mr. President, I would Fifty years ago this morning, before CHIEF OF THE MOHEGAN TRIBE like to take this opportunity to com- more than 500 scientists, physicians, ∑ Mr. DODD. Mr. President, I honor memorate an historic event that and reporters at Rackham Auditorium Ralph Sturges, Chief of the Mohegan changed the world. Fifty years ago in Ann Arbor, Dr. Francis told an anx- Tribe. On April 13, Chief Sturges will today, Dr. Thomas Francis, Jr., direc- ious world of parents that the Salk receive the Citizen of the Year award tor of the Poliomyelitis Vaccine Eval- vaccine had been proven to be effective from the Chamber of Commerce of uation Center and founding chair of the in preventing polio. Please join me in Eastern Connecticut. Department of Epidemiology at the honoring the success of Drs. Francis Chief Sturges is known throughout University of Michigan School of Pub- and Salk in combating this devastating southeastern Connecticut for his lead- lic Health, announced that the Salk disease. ership, his community involvement, polio vaccine was ‘‘safe, effective, and f and his humility. Even as he has risen potent.’’ ADDITIONAL STATEMENTS in the ranks of the Mohegan Tribe, That announcement marked the cul- from serving as a member of the Tribal mination of the most comprehensive Council in the 1980s to becoming life- field trials ever conducted, unprece- COMMENDING THE EFFORTS OF time chief in 1991, he has never lost a dented in scope and magnitude. In the BASKETBALL WITHOUT BORDERS sense of who he is or what he stands early 1950s, Dr. Jonas Salk, a ∑ Mr. DODD. Mr. President, I commend for. postdoctoral student of Dr. Francis at the efforts of Basketball without Bor- Born in 1918, Ralph Sturges served in the University of Michigan, developed ders, an initiative that promotes our armed forces during the World War a promising vaccine against polio- friendship, understanding, and healthy II as a security and intelligence officer. myelitis in his laboratory at the Uni- living for young people around the He went on to work for the Philadel- versity of Pittsburgh. Dr. Salk re- world. phia Legal Aid Society and the Salva- turned to the University of Michigan Today, the National Basketball Asso- tion Army, as well as the Legnos Boat to work with his longtime mentor, Dr. ciation, NBA, and the International Company. Francis, who led the year-long field Basketball Federation, FIBA, an- Chief Sturges was renowned for his trials demonstrating that ‘‘the vaccine nounced that Basketball without Bor- skills as a craftsman, particularly as a works.’’ More than 300,000 individuals ders will hold four instructional camps sculptor of traditional Mohegan cul- participated in the work of the trials, in the coming year. For the first time, tural symbols. Among his many works including 20,000 physicians and public Basketball without Borders will be were a whale sculpture donated to Gov- health officers, 40,000 registered nurses, staged on four continents: North Amer- ernor Ella Grasso and the carving of a 14,000 school principals, and 200,000 vol- ica, Europe, Asia, and Africa. It will base for the headstone of the Mohegan unteers. More than 100 statisticians feature professional basketball players chief Samuel Uncas. and epidemiologists tabulated data from diverse backgrounds, including When Ralph Sturges was elected life- from the approximately 1.8 million China’s Yao Ming, Argentina’s Manu time chief of the Mohegan Tribe, as he children across the United States, Can- Ginobili, Germany’s Dirk Nowitzki, puts it, he ‘‘didn’t have a telephone and ada, and Finland who were involved in and Congo’s Dikembe Mutombo. didn’t have an office.’’ He devoted a the trial. These brave children, who The Basketball without Borders ini- great deal of time and energy over the stepped forward to receive a shot not tiative is more than an opportunity for coming decade to the cause of securing knowing if it would be the real vaccine children to meet their favorite players federal recognition for the Mohegans— or a placebo or whether it would be and learn basketball skills. It is also a a goal that was realized on March 7, safe or harmful, are now affectionately chance for them to learn important les- 1994. known as polio pioneers. sons about the world in which they Today, the Mohegan Tribe stands as While we rarely consider the possi- live. a remarkable success story. So much of bility of contracting polio today, let In addition to basketball instruction, this success is due to the efforts and me remind you that for generations the children who participate in Basket- dedication of Ralph Sturges, as well as polio was one of the most feared child- ball without Borders will learn about countless others who worked with him hood diseases. Poliomyelitis, a neuro- HIV/AIDS prevention, the importance over the years. muscular disease also known as infan- of education, and ways to lead a Chief Sturges is an outstanding cit- tile paralysis, is caused by the polio healthier life. They will also have the izen, a respected leader, and a devoted virus. The virus invades nerve cells in opportunity to meet children whose member of the Mohegan tribe. He has the spinal cord, resulting in weakness ethnicities, backgrounds, and cultures forged strong bonds between his tribe or paralysis of the limbs and muscles. are different from their own. and the State of Connecticut, as well

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.065 S12PT1 S3480 CONGRESSIONAL RECORD — SENATE April 12, 2005 as the Federal Government. These For more than 22 years, Martin de- pursuant to law, the report of a rule entitled bonds have reaped tremendous benefits, voted himself to EAH and affordable ‘‘National Emission Standards for Coke Oven not only for the Mohegan Tribe, but all housing. Martin worked to persuade Batteries’’ (FRL No. 7895–8) received on April 7, 2005; to the Committee on Environment of Southeastern Connecticut. The rela- citizens and elected officials to accept and Public Works. tionship between Connecticut and the low and moderate-income housing in EC–1600. A communication from the Assist- Mohegan Tribe serves as a model that their wealthy communities. To develop ant Secretary for Fish, Wildlife and Parks, other states and tribal nations would his knowledge and save EAH outside Fish and Wildlife Service, Department of the do well to emulate. consultant fees, Martin went to Catho- Interior, transmitting, pursuant to law, the The honor Chief Sturges will receive lic University in Washington, DC, to report of a rule entitled ‘‘Endangered and this Wednesday is well-deserved. I ap- take a 2-month course in how to be a Threatened Wildlife and Plants; Designation of Critical Habitat for the Astragalus plaud Ralph Sturges for all of his ac- housing consultant. He eventually ex- jaegerainus (Lane Mountain milk-vetch)’’ complishments, I congratulate him on panded his services and consulted for (RIN1018–AI78) received on April 7, 2005; to this distinguished award, and I wish affordable housing projects in other the Committee on Environment and Public him continued health and happiness.∑ parts of the Bay Area as well as Ari- Works. f zona. EC–1601. A communication from the Assist- From its origins as the fledgling ant Secretary for Fish, Wildlife and Parks, TRIBUTE TO MARTIN MACKEY group Martin founded in 1968 to a 325- Fish and Wildlife Service, Department of the Interior, transmitting, pursuant to law, the ∑ Mrs. BOXER. Mr. President, I rise to person staff and $6 million budget, EAH share with my colleagues the memory report of a rule entitled ‘‘Endangered and has completed 62 projects and 4,556 Threatened Wildlife and Plants: Establish- of a very special man, Martin Mackey housing units in the Bay area and be- ment of a Nonessential Experimental Popu- of Marin County, CA, who died on yond. lation for Two Fishes (Boulder Darter and March 25, 2005. He was 87 years old. Martin was a dynamic figure in Spotfin Chub) in Shoal Creek, Tennessee and Martin Mackey was born in San Fran- Marin County. My staff and I always Alabama ‘‘ (RIN1018–AH44) received on April cisco. He earned his engineering degree knew we could call on him for invalu- 7, 2005; to the Committee on Environment from Stanford and entered the Navy and Public Works. able information and sound advice. He EC–1602. A communication from the Assist- Midshipman Reserve Training Pro- was a passionate and effective advocate ant Secretary for Fish, Wildlife and Parks, gram. He served in the Navy during for affordable housing. He led EAH Division of Management Authority, Depart- World War II and was trained in anti- with a sense of humor and a deep ap- ment of the Interior, transmitting, pursuant submarine warfare. preciation for the dedicated individuals to law, the report of a rule entitled ‘‘Revi- Martin met his wife Mary while on who worked with him. His accomplish- sions to General Permit Procedures’’ (RIN1018–AC57) received on April 7, 2005; to leave in Seattle during World War II. ments in creating affordable housing They were engaged 5 days later. Martin the Committee on Environment and Public for Marin residents is legendary. He Works. and Mary just celebrated their 61st was also a respected member of the EC–1603. A communication from the Acting wedding anniversary last December. Marin community and a wonderful, in- Administrator, Rural Utilities Service, De- After the war and after 22 years of spiring man who will be deeply missed. partment of Agriculture, transmitting, pur- steel and concrete sales with a multi- We take comfort in knowing that suant to law, the report of a rule entitled ‘‘7 national company, Martin retired with countless future generations will ben- CFR Part 1728, Specifications and Drawings a desire to change the world. The year for 12.47/7.2 kV Line Construction’’ received efit from his courage, his vision and his on April 7, 2005; to the Committee on Agri- was 1968, and he was deeply disturbed leadership.∑ by social injustice and the assassina- culture, Nutrition, and Forestry. f EC–1604. A communication from the Acting tions of Martin Luther King, Jr., and Administrator, Rural Utilities Service, De- Robert Kennedy. He went on a weekend EXECUTIVE AND OTHER partment of Agriculture, transmitting, pur- retreat with his wife Mary to figure COMMUNICATIONS suant to law, the report of a rule entitled ‘‘7 out what he should contribute to make CFR Part 1738, Rural Broadband Access The following communications were our world a better place. Loans and Loan Guarantee’’ (RIN0572–AB81) laid before the Senate, together with Martin played a key role in bringing received on April 7, 2005; to the Committee accompanying papers, reports, and doc- affordable housing to Marin County. on Agriculture, Nutrition, and Forestry. uments, and were referred as indicated: EC–1605. A communication from the Chair- President Lyndon Johnson had just man and CEO, Farm Credit Administration, EC–1596. A communication from the Prin- signed the Housing Act into law. Mar- transmitting, pursuant to law, the report of cipal Deputy Associate Administrator, Office a rule entitled ‘‘Rules of Practice and Proce- tin’s good friend, Larry Livingston, of Policy, Economics, and Innovation, Envi- dure; Adjusting Civil Money Penalties for In- who was a city and regional planner, ronmental Protection Agency, transmitting, flation’’ (RIN3052–AC28) received on April 7, told Martin that Marin County badly the report of a rule entitled ‘‘Air Quality 2005; to the Committee on Agriculture, Nu- needed low and moderate-income hous- Designations for the Fine Particles (PM2.5) trition, and Forestry. ing. Martin was convinced. As chair- National Ambient Air Quality Standards— EC–1606. A communication from the Prin- man of the Social Concerns Committee Supplemental Notice’’ (FRL No. 7896–8) re- cipal Deputy Associate Administrator, Office at Marin County Unitarian Church, he ceived on April 7, 2005; to the Committee on of Policy, Economics, and Innovation, Envi- called upon ministers throughout the Environment and Public Works. ronmental Protection Agency, transmitting, EC–1597. A communication from the Prin- county to form a social action group to pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office ‘‘Triflumizole; Pesticide Tolerances for respond to the community’s housing of Policy, Economics, and Innovation, Envi- needs. They met in a rent-free office in Emergency Exemptions’’ (FRL No. 7701–6) re- ronmental Protection Agency, transmitting, ceived on April 7, 2005; to the Committee on the attic of a convent. Then he called pursuant to law, the report of a rule entitled Agriculture, Nutrition, and Forestry. upon other leaders and friends in the ‘‘Approval and Promulgation of Air Quality EC–1607. A communication from the Prin- community to join their efforts. This Implementation Plans; Texas; Low-Emission cipal Deputy Associate Administrator, Office social action group of faith and com- Diesel Fuel Compliance Date’’ (FRL No. of Policy, Economics, and Innovation, Envi- munity leaders began to raise money 7895–9) received on April 7, 2005; to the Com- ronmental Protection Agency, transmitting, mittee on Environment and Public Works. and became the Ecumenical Associa- pursuant to law, the report of a rule entitled EC–1598. A communication from the Prin- ‘‘Paecilomyces lilacinus strain 251; Exemp- tion for Housing, EAH, still in exist- cipal Deputy Associate Administrator, Office tion from the Requirement of a Tolerance’’ ence today. of Policy, Economics, and Innovation, Envi- (FRL No. 7708–4) received on April 7, 2005; to EAH began with 24 organizations, ronmental Protection Agency, transmitting, the Committee on Agriculture, Nutrition, each pledging $200. Martin selflessly pursuant to law, the report of a rule entitled and Forestry. accepted a salary of $1 to serve as exec- ‘‘Approval and Promulgation of Implementa- EC–1608. A communication from the Prin- utive director. EAH quickly took off tion Plans; Texas; Locally Enforced Idling cipal Deputy Associate Administrator, Office and began lending money to architects Prohibition Rule’’ (FRL No. 7896–7) received of Policy, Economics, and Innovation, Envi- and regional groups to build affordable on April 7, 2005; to the Committee on Envi- ronmental Protection Agency, transmitting, ronment and Public Works. pursuant to law, the report of a rule entitled housing projects throughout Marin. EC–1599. A communication from the Prin- ‘‘Buprofezin; Pesticide Tolerance’’ (FRL No. Their first project was Pilgrim Park, a cipal Deputy Associate Administrator, Office 7691–8) received on April 7, 2005; to the Com- 61 unit, low-income housing develop- of Policy, Economics, and Innovation, Envi- mittee on Agriculture, Nutrition, and For- ment in San Rafael. ronmental Protection Agency, transmitting, estry.

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.071 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3481 EC–1609. A communication from the Prin- EC–1619. A communication from the Pro- By Mr. WARNER (for himself and Mr. cipal Deputy Associate Administrator, Office gram Analyst, Federal Aviation Administra- DURBIN): of Policy, Economics, and Innovation, Envi- tion, Department of Transportation, trans- S. 765. A bill to preserve mathematics- and ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of a rule science-based industries in the United pursuant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives: Empresa States; to the Committee on Health, Edu- ‘‘Acetamiprid; Pesticide Tolerance’’ (FRL Brasileira de Aeronautica SA Model EMB 135 cation, Labor, and Pensions. No. 7705–7) received on April 7, 2005; to the and 145 Series Airplanes’’ ((RIN2120–AA64) By Mr. SANTORUM: Committee on Agriculture, Nutrition, and (2005–0122)) received on April 4, 2004; to the S. 766. A bill to remove civil liability bar- Forestry. Committee on Commerce, Science, and riers that discourage the donation of fire EC–1610. A communication from the Vice Transportation. equipment to volunteer fire companies; to President, Government Affairs, National EC–1620. A communication from the Pro- the Committee on the Judiciary. Railroad Passenger Corporation, transmit- gram Analyst, Federal Aviation Administra- By Mr. BOND (for himself, Ms. MIKUL- ting, pursuant to law, a report of the Cor- tion, Department of Transportation, trans- SKI, Mr. TALENT, Mr. HARKIN, Mr. poration’s intent to submit its annual Legis- mitting, pursuant to law, the report of a rule ROBERTS, and Mr. COLEMAN): lative and Grant Request for fiscal year 2006; entitled ‘‘Airworthiness Directives: Boeing S. 767. A bill to establish a Division of to the Committee on Commerce, Science, Model 707–100, 100B, 300B, and E3A Series Air- Food and Agricultural Science within the and Transportation. planes; Model 720 and 720B Series Airplanes; National Science Foundation and to author- ize funding for the support of fundamental EC–1611. A communication from the Sec- Model 737–100, 200, 200C, 300, 400, and 500 Se- agricultural research of the highest quality, retary of Commerce, transmitting, pursuant ries Airplanes; and Model 747 Airplanes’’ and for other purposes; to the Committee on to law, the 2004 Annual Report of the Vis- ((RIN2120–AA64) (2005–0121)) received on April Agriculture, Nutrition, and Forestry. iting Committee on Advanced Technology of 4, 2004; to the Committee on Commerce, By Mr. SCHUMER (for himself and Mr. the National Institute of Standards and Science, and Transportation. Technology (NIST); to the Committee on NELSON of Florida): f S. 768. A bill to provide for comprehensive Commerce, Science, and Transportation. EC–1612. A communication from the Pro- EXECUTIVE REPORT OF identity theft prevention; to the Committee on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- COMMITTEE tion, Department of Transportation, trans- f The following executive report of mitting, pursuant to law, the report of a rule SUBMISSION OF CONCURRENT AND entitled ‘‘Airworthiness Directives: Saab committee was submitted: Model SAAB SF340A and 340B Series Air- By Mr. CHAMBILSS for the Committee on SENATE RESOLUTIONS planes;’’ ((RIN2120–AA64) (2005–0126)) received Agriculture, Nutrition, and Forestry. The following concurrent resolutions on April 4, 2005; to the Committee on Com- Charles F. Conner, of Indiana, to be Deputy and Senate resolutions were read, and merce, Science, and Transportation. Secretary of Agriculture. referred (or acted upon), as indicated: EC–1613. A communication from the Pro- (Nominations without an asterisk By Mr. FEINGOLD (for himself and Mr. gram Analyst, Federal Aviation Administra- HAGEL): tion, Department of Transportation, trans- were reported with the recommenda- S. Res. 104. A resolution expressing the mitting, pursuant to law, the report of a rule tion that they be confirmed.) sense of the Senate encouraging the active entitled ‘‘Airworthiness Directives: Airbus f engagement of Americans in world affairs Model A330, A340–200, and A340–300 Series INTRODUCTION OF BILLS AND and urging the Secretary of State to take Airplanes’’ ((RIN2120–AA64) (2005–0131)) re- JOINT RESOLUTIONS the lead and coordinate with other govern- ceived on April 4, 2004; to the Committee on mental agencies and non-governmental orga- Commerce, Science, and Transportation. The following bills and joint resolu- nizations in creating an online database of EC–1614. A communication from the Pro- tions were introduced, read the first international exchange programs and related gram Analyst, Federal Aviation Administra- and second times by unanimous con- opportunities; to the Committee on Foreign tion, Department of Transportation, trans- sent, and referred as indicated: Relations. mitting, pursuant to law, the report of a rule By Ms. MURKOWSKI (for herself, Mr. entitled ‘‘Airworthiness Directives: Hartzell By Mr. CRAIG (for himself and Mr. AKAKA, Mr. ALLEN, Mr. BAYH, Mr. Propeller, Inc. Model HC B3TN 5 T10282 Pro- CRAPO): BINGAMAN, Mrs. BOXER, Mrs. CLINTON, pellers’’ ((RIN2120–AA64) (2005–0125)) received S. 761. A bill to rename the Snake River Mr. COCHRAN, Mr. COLEMAN, Ms. COL- on April 4, 2004; to the Committee on Com- Birds of Prey National Conservation Area in LINS, Mr. CONRAD, Mr. CORNYN, Mr. merce, Science, and Transportation. the State of Idaho as the Morley Nelson CRAIG, Mr. DEWINE, Mr. DODD, Mr. EC–1615. A communication from the Pro- Snake River Birds of Prey National Con- DOMENICI, Mr. DORGAN, Mr. DURBIN, gram Analyst, Federal Aviation Administra- servation Area in honor of the late Morley Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. tion, Department of Transportation, trans- Nelson, an international authority on birds GREGG, Mr. HAGEL, Mr. ISAKSON, Mr. mitting, pursuant to law, the report of a rule of prey, who was instrumental in the estab- JOHNSON, Mr. KERRY, Ms. LANDRIEU, entitled ‘‘Airworthiness Directives: Boeing lishment of this National Conservation Area, Mr. LIEBERMAN, Mr. LEVIN, Mr. LOTT, Model 747–400, 400D, and 400F Series Air- and for other purposes; to the Committee on Mr. MARTINEZ, Ms. MIKULSKI, Mrs. planes’’ ((RIN2120–AA64) (2005–0118)) received Energy and Natural Resources. MURRAY, Mr. NELSON of Nebraska, on April 4, 2004; to the Committee on Com- By Mr. VOINOVICH (for himself, Mr. Mr. REED, Mr. SALAZAR, Mr. merce, Science, and Transportation. LEVIN, Mr. DEWINE, Ms. STABENOW, SANTORUM, Mr. SCHUMER, Mr. SES- EC–1616. A communication from the Pro- Mr. CORNYN, Mr. ALEXANDER, Mr. SIONS, Ms. SNOWE, Mr. SPECTER, Ms. gram Analyst, Federal Aviation Administra- DEMINT, Mrs. DOLE, Mr. VITTER, Mr. STABENOW, Mr. STEVENS, Mr. THUNE, tion, Department of Transportation, trans- MARTINEZ, Mr. ISAKSON, Mr. NELSON and Mr. BUNNING): mitting, pursuant to law, the report of a rule of Florida, Mr. LUGAR, Mr. BURR, Mr. S. Res. 105. A resolution designating April entitled ‘‘Airworthiness Directives: Saab COCHRAN, Mr. LOTT, Mrs. HUTCHISON, 15, 2005, as National Youth Service Day, and Model SAAB SF340A and SAAB 340B Series Mr. CHAMBLISS, Mr. BAYH, Mr. ALLEN, for other purposes; considered and agreed to. Airplanes’’ ((RIN2120–AA64) (2005–0117)) re- and Ms. LANDRIEU): By Mr. CONRAD (for himself, Mr. ceived on April 4, 2004; to the Committee on S. 762. A bill to amend title 23, United SANTORUM, Mr. ALLARD, Mr. BAYH, Commerce, Science, and Transportation. States Code, to increase the minimum allo- Mr. BINGAMAN, Mrs. BOXER, Mr. CAR- EC–1617. A communication from the Pro- cation provided to states for use in carrying PER, Mrs. CLINTON, Mr. COBURN, Mr. gram Analyst, Federal Aviation Administra- out certain highway programs; to the Com- COCHRAN, Mr. CORZINE, Mr. DORGAN, tion, Department of Transportation, trans- mittee on Environment and Public Works. Mr. DURBIN, Mr. ENSIGN, Mrs. FEIN- mitting, pursuant to law, the report of a rule By Mr. DORGAN (for himself and Mrs. STEIN, Mr. ISAKSON, Mr. JEFFORDS, entitled ‘‘Airworthiness Directives: Dassault HUTCHISON): Mr. JOHNSON, Ms. LANDRIEU, Mr. Model Falcon 10 Series Airplanes’’ ((RIN2120– S. 763. A bill to direct the Federal Railroad LEAHY, Ms. MIKULSKI, Mr. ROCKE- AA64) (2005–0116)) received on April 4, 2004; to Administration to make welded rail and FELLER, Mr. SALAZAR, Mr. SCHUMER, the Committee on Commerce, Science, and tank car improvements; to the Committee Mr. SPECTER, and Mr. STEVENS): Transportation. on Commerce, Science, and Transportation. S. Con. Res. 26. A concurrent resolution EC–1618. A communication from the Pro- By Mr. CORZINE (for himself and Mr. honoring and memorializing the passengers gram Analyst, Federal Aviation Administra- LAUTENBERG): and crew of United Airlines Flight 93; to the tion, Department of Transportation, trans- S. 764. A bill to amend title XVIII of the Committee on Rules and Administration. mitting, pursuant to law, the report of a rule Social Security Act to improve the coordina- entitled ‘‘Airworthiness Directives: Bell Hel- tion of prescription drug coverage provided f icopter Textron Canada Model 222, 222B, under State pharmaceutical assistance pro- ADDITIONAL COSPONSORS 222U, 230, and 430 Helicopters’’ ((RIN2120– grams with the prescription drug benefit pro- AA64) (2005–0115)) received on April 4, 2004; to vided under the medicare program, and for S. 21 the Committee on Commerce, Science, and other purposes; to the Committee on Fi- At the request of Ms. COLLINS, the Transportation. nance. name of the Senator from Rhode Island

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.033 S12PT1 S3482 CONGRESSIONAL RECORD — SENATE April 12, 2005 (Mr. CHAFEE) was added as a cosponsor 2A worker program under that Act, to (Mr. COLEMAN) was added as a cospon- of S. 21, a bill to provide for homeland provide a stable, legal agricultural sor of S. 487, a bill to amend title 10, security grant coordination and sim- workforce, to extend basic legal protec- United States Code, to provide leave plification, and for other purposes. tions and better working conditions to for members of the Armed Forces in S. 35 more workers, and for other purposes. connection with adoptions of children, At the request of Mr. CONRAD, the S. 370 and for other purposes. name of the Senator from Florida (Mr. At the request of Mr. LOTT, the name S. 494 NELSON) was added as a cosponsor of S. of the Senator from Wyoming (Mr. At the request of Mr. AKAKA, the 35, a bill to amend the Internal Rev- THOMAS) was added as a cosponsor of S. name of the Senator from Rhode Island enue Code of 1986 to extend the credit 370, a bill to preserve and protect the (Mr. CHAFEE) was added as a cosponsor for production of electricity from wind. free choice of individual employees to of S. 494, a bill to amend chapter 23 of S. 77 form, join, or assist labor organiza- title 5, United States Code, to clarify At the request of Mr. SESSIONS, the tions, or to refrain from such activi- the disclosures of information pro- name of the Senator from South Da- ties. tected from prohibited personnel prac- kota (Mr. THUNE) was added as a co- S. 397 tices, require a statement in nondisclo- sponsor of S. 77, a bill to amend titles At the request of Mr. CRAIG, the sure policies, forms, and agreements 10 and 38, United States Code, to im- names of the Senator from Ohio (Mr. that such policies, forms, and agree- prove death benefits for the families of VOINOVICH) and the Senator from Utah ments conform with certain disclosure deceased members of the Armed (Mr. BENNETT) were added as cospon- protections, provide certain authority Forces, and for other purposes. sors of S. 397, a bill to prohibit civil li- for the Special Counsel, and for other purposes. S. 103 ability actions from being brought or continued against manufacturers, dis- S. 495 At the request of Mr. TALENT, the name of the Senator from West Vir- tributors, dealers, or importers of fire- At the request of Mr. NELSON of Flor- arms or ammunition for damages, in- ida, his name was added as a cosponsor ginia (Mr. BYRD) was added as a co- sponsor of S. 103, a bill to respond to junctive or other relief resulting from of S. 495, a bill to impose sanctions the illegal production, distribution, the misuse of their products by others. against perpetrators of crimes against and use of methamphetamine in the S. 398 humanity in Darfur, Sudan, and for United States, and for other purposes. At the request of Mr. SANTORUM, the other purposes. name of the Senator from California S. 506 S. 241 (Mrs. FEINSTEIN) was added as a co- At the request of Mr. HAGEL, the At the request of Ms. SNOWE, the sponsor of S. 398, a bill to amend the name of the Senator from Delaware names of the Senator from Idaho (Mr. Internal Revenue Code of 1986 to ex- (Mr. BIDEN) was added as a cosponsor of CRAPO) and the Senator from Wash- pand the expensing of environmental S. 506, a bill to amend the Public ington (Mrs. MURRAY) were added as remediation costs. Health Service Act to establish a schol- cosponsors of S. 241, a bill to amend S. 432 arship and loan repayment program for section 254 of the Communications Act At the request of Mr. ALLEN, the public health preparedness workforce of 1934 to provide that funds received as name of the Senator from Pennsyl- development to eliminate critical pub- universal service contributions and the vania (Mr. SANTORUM) was added as a lic health preparedness workforce universal service support programs es- cosponsor of S. 432, a bill to establish a shortages in Federal, State, local, and tablished pursuant to that section are digital and wireless network tech- tribal public health agencies. not subject to certain provisions of nology program, and for other pur- title 31, United States Code, commonly S. 512 poses. known as the Antideficiency Act. At the request of Mr. SANTORUM, the S. 438 name of the Senator from Minnesota S. 331 At the request of Mr. ENSIGN, the (Mr. DAYTON) was added as a cosponsor At the request of Mr. JOHNSON, the names of the Senator from South Caro- of S. 512, a bill to amend the Internal name of the Senator from West Vir- lina (Mr. GRAHAM) and the Senator Revenue Code of 1986 to classify auto- ginia (Mr. ROCKEFELLER) was added as from Georgia (Mr. CHAMBLISS) were matic fire sprinkler systems as 5-year a cosponsor of S. 331, a bill to amend added as cosponsors of S. 438, a bill to property for purposes of depreciation. title 38, United States Code, to provide amend title XVIII of the Social Secu- S. 555 for an assured adequate level of fund- rity Act to repeal the medicare out- At the request of Mr. DEWINE, the ing for veterans health care. patient rehabilitation therapy caps. name of the Senator from Pennsyl- S. 333 S. 477 vania (Mr. SPECTER) was added as a co- At the request of Mr. SANTORUM, the At the request of Mr. DORGAN, the sponsor of S. 555, a bill to amend the name of the Senator from Montana name of the Senator from Hawaii (Mr. Sherman Act to make oil-producing (Mr. BURNS) was added as a cosponsor AKAKA) was added as a cosponsor of S. and exporting cartels illegal. of S. 333, a bill to hold the current re- 477, a bill to amend the Homeland Se- S. 582 gime in Iran accountable for its threat- curity Act of 2002 to include Indian At the request of Mr. PRYOR, the ening behavior and to support a transi- tribes among the entities consulted names of the Senator from Montana tion to democracy in Iran. with respect to activities carried out (Mr. BURNS), the Senator from Michi- S. 352 by the Secretary of Homeland Secu- gan (Ms. STABENOW), the Senator from At the request of Ms. MIKULSKI, the rity, and for other purposes. Minnesota (Mr. COLEMAN), the Senator names of the Senator from South Da- S. 484 from Montana (Mr. BAUCUS), the Sen- kota (Mr. JOHNSON) and the Senator At the request of Mr. WARNER, the ator from New Mexico (Mr. DOMENICI), from South Dakota (Mr. THUNE) were names of the Senator from Arkansas the Senator from Oregon (Mr. WYDEN), added as cosponsors of S. 352, a bill to (Mr. PRYOR), the Senator from the Senator from Kansas (Mr. revise certain requirements for H–2B Vermont (Mr. LEAHY) and the Senator BROWNBACK), the Senator from Indiana employers and require submission of from North Carolina (Mrs. DOLE) were (Mr. BAYH), the Senator from Iowa (Mr. information regarding H–2B non-immi- added as cosponsors of S. 484, a bill to GRASSLEY), the Senator from New York grants, and for other purposes. amend the Internal Revenue Code of (Mr. SCHUMER), the Senator from Kan- S. 359 1986 to allow Federal civilian and mili- sas (Mr. ROBERTS), the Senator from At the request of Mr. CRAIG, the tary retirees to pay health insurance California (Mrs. BOXER), the Senator name of the Senator from Illinois (Mr. premiums on a pretax basis and to from Nevada (Mr. REID), the Senator OBAMA) was added as a cosponsor of S. allow a deduction for TRICARE supple- from Connecticut (Mr. DODD) and the 359, a bill to provide for the adjustment mental premiums. Senator from Hawaii (Mr. AKAKA) were of status of certain foreign agricultural S. 487 added as cosponsors of S. 582, a bill to workers, to amend the Immigration At the request of Mr. SMITH, the require the Secretary of the Treasury and Nationality Act to reform the H– name of the Senator from Minnesota to mint coins in commemoration of the

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.029 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3483 50th anniversary of the desegregation S. 642 COLLINS) was added as a cosponsor of S. of the Little Rock Central High School At the request of Mr. FRIST, the Res. 40, a resolution supporting the in Little Rock, Arkansas, and for other name of the Senator from South Da- goals and ideas of National Time Out purposes. kota (Mr. THUNE) was added as a co- Day to promote the adoption of the S. 586 sponsor of S. 642, a bill to support cer- Joint Commission on Accreditation of tain national youth organizations, in- At the request of Mr. BOND, the name Healthcare Organizations’ universal of the Senator from California (Mrs. cluding the Boy Scouts of America, and protocol for preventing errors in the for other purposes. BOXER) was added as a cosponsor of S. operating room. 586, a bill to amend the Internal Rev- S. 656 S. RES. 82 enue Code of 1986 to provide for the At the request of Mr. REED, the name At the request of Mr. ALLEN, the proper tax treatment of certain dis- of the Senator from Illinois (Mr. DUR- names of the Senator from Ohio (Mr. BIN) was added as a cosponsor of S. 656, aster mitigation payments. DEWINE) and the Senator from Mis- a bill to provide for the adjustment of souri (Mr. TALENT) were added as co- S. 595 status of certain nationals of Liberia sponsors of S. Res. 82, a resolution urg- At the request of Mr. SANTORUM, the to that of lawful permanent residence. ing the European Union to add name of the Senator from Kentucky S. 658 Hezbollah to the Eurpoean Union’s (Mr. BUNNING) was added as a cosponsor At the request of Mr. BROWNBACK, the wide-ranging list of terrorist organiza- of S. 595, a bill to amend the Internal name of the Senator from Wyoming tions. Revenue Code of 1986 to modify the (Mr. ENZI) was added as a cosponsor of S. RES. 85 work opportunity credit and the wel- S. 658, a bill to amend the Public At the request of Mr. THOMAS, the fare-to-work credit. Health Service Act to prohibit human name of the Senator from Virginia (Mr. S. 611 cloning. ALLEN) was added as a cosponsor of S. At the request of Ms. COLLINS, the S. 662 Res. 85, a resolution designating July name of the Senator from Minnesota At the request of Ms. COLLINS, the 23, 2005, and July 22, 2006, as ‘‘National (Mr. DAYTON) was added as a cosponsor names of the Senator from Washington Day of the American Cowboy.’’ of S. 611, a bill to establish a Federal (Mrs. MURRAY) and the Senator from AMENDMENT NO. 204 Interagency Committee on Emergency Vermont (Mr. LEAHY) were added as co- At the request of Mr. SMITH, the Medical Services and a Federal Inter- sponsors of S. 662, a bill to reform the name of the Senator from Illinois (Mr. agency Committee on Emergency Med- postal laws of the United States. DURBIN) was added as a cosponsor of ical Services Advisory Council, and for S. 675 amendment No. 204 proposed to S. Con. other purposes. At the request of Mr. DORGAN, the Res. 18, an original concurrent resolu- S. 619 name of the Senator from Minnesota tion setting forth the congressional At the request of Mrs. FEINSTEIN, the (Mr. COLEMAN) was added as a cospon- budget for the United States Govern- name of the Senator from California sor of S. 675, a bill to reward the hard ment for fiscal year 2006 and including (Mrs. BOXER) was added as a cosponsor work and risk of individuals who the appropriate budgetary levels for of S. 619, a bill to amend title II of the choose to live in and help preserve fiscal years 2005 and 2007 through 2010. Social Security Act to repeal the Gov- America’s small, rural towns, and for AMENDMENT NO. 316 ernment pension offset and windfall other purposes. At the request of Mr. NELSON of Flor- elimination provisions. S. 722 ida, the names of the Senator from S. 626 At the request of Mr. SANTORUM, the Massachusetts (Mr. KENNEDY), the Sen- names of the Senator from Colorado At the request of Mr. NELSON of Ne- ator from Arkansas (Mrs. LINCOLN) and braska, the name of the Senator from (Mr. ALLARD), the Senator from North the Senator from New Mexico (Mr. Dakota (Mr. CONRAD) and the Senator Indiana (Mr. BAYH) was added as a co- BINGAMAN) were added as cosponsors of from Louisiana (Mr. VITTER) were sponsor of S. 626, a bill to amend title amendment No. 316 intended to be pro- added as cosponsors of S. 722, a bill to XVIII of the Social Security Act to im- posed to H.R. 1268, making emergency amend the Internal Revenue Code of prove access to diabetes self manage- supplemental appropriations for the 1986 to reduce the tax on beer to its ment training by designating certified fiscal year ending September 30, 2005, pre-1991 level. diabetes educators who are recognized to establish and rapidly implement by a nationally recognized certifying S. 725 regulations for State driver’s license At the request of Mr. DODD, the name body and who meet the same quality and identification document security of the Senator from California (Mrs. standards set forth for other providers standards, to prevent terrorists from BOXER) was added as a cosponsor of S. of diabetes self management training, abusing the asylum laws of the United 725, a bill to improve the Child Care as certified providers for purposes of States, to unify terrorism-related Access Means Parents in School Pro- outpatient diabetes self-management grounds for inadmissibility and re- gram. moval, to ensure expeditious construc- training services under part B of the S. 756 tion of the San Diego border fence, and medicare program. At the request of Mr. BENNETT, the for other purposes. S. 627 name of the Senator from Louisiana AMENDMENT NO. 333 At the request of Ms. CANTWELL, her (Ms. LANDRIEU) was added as a cospon- At the request of Mr. KERRY, the name was added as a cosponsor of S. sor of S. 756, a bill to amend the Public name of the Senator from Michigan 627, a bill to amend the Internal Rev- Health Service Act to enhance public (Mr. LEVIN) was added as a cosponsor of enue Code of 1986 to permanently ex- and health professional awareness and amendment No. 333 proposed to H.R. tend the research credit, to increase understanding of lupus and to 1268, making emergency supplemental the rates of the alternative incre- strengthen the Nation’s research ef- appropriations for the fiscal year end- mental credit, and to provide an alter- forts to identify the causes and cure of ing September 30, 2005, to establish and native simplified credit for qualified lupus. rapidly implement regulations for research expenses. S. 758 State driver’s license and identifica- S. 633 At the request of Mr. ALLEN, the tion document security standards, to At the request of Mr. JOHNSON, the name of the Senator from Nevada (Mr. prevent terrorists from abusing the names of the Senator from Illinois (Mr. ENSIGN) was added as a cosponsor of S. asylum laws of the United States, to DURBIN) and the Senator from North 758, a bill to amend the Internal Rev- unify terrorism-related grounds for in- Carolina (Mrs. DOLE) were added as co- enue Code of 1986 to ensure that the admissibility and removal, to ensure sponsors of S. 633, a bill to require the federal excise tax on communication expeditious construction of the San Secretary of the Treasury to mint services does not apply to internet ac- Diego border fence, and for other pur- coins in commemoration of veterans cess service. poses. who became disabled for life while S. RES. 40 AMENDMENT NO. 334 serving in the Armed Forces of the At the request of Ms. LANDRIEU, the At the request of Mr. KERRY, the United States. name of the Senator from Maine (Ms. names of the Senator from Illinois (Mr.

VerDate Aug 04 2004 01:06 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.030 S12PT1 S3484 CONGRESSIONAL RECORD — SENATE April 12, 2005 OBAMA), the Senator from New Jersey There being no objection, the bill was lars being sent to Washington. Cur- (Mr. CORZINE) and the Senator from ordered to be printed in the RECORD, as rently, over 25 States, including my Michigan (Mr. LEVIN) were added as co- follows: State of Ohio, contribute more money sponsors of amendment No. 334 pro- S. 761 to the Highway Trust Fund than they posed to H.R. 1268, making emergency Be it enacted by the Senate and House of Rep- receive back. supplemental appropriations for the resentatives of the United States of America in My State of Ohio has the Nation’s fiscal year ending September 30, 2005, Congress assembled, 10th largest highway network, the 5th to establish and rapidly implement SECTION 1. SHORT TITLE. highest volume of traffic, the 4th larg- regulations for State driver’s license This Act may be cited as the ‘‘Morley Nel- est interstate highway network, and and identification document security son Snake River Birds of Prey National Con- the 2nd largest inventory of bridges in standards, to prevent terrorists from servation Area Act’’. the country. Ohio is a major manufac- abusing the asylum laws of the United SEC. 2. RENAMING OF SNAKE RIVER BIRDS OF turing State and is within 600 miles of States, to unify terrorism-related PREY NATIONAL CONSERVATION 50 percent of the population of North grounds for inadmissibility and re- AREA. America. The interstate highways (a) RENAMING.—Public Law 103–64 is moval, to ensure expeditious construc- amended— throughout Ohio and all the donor tion of the San Diego border fence, and (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by States provide a vital link to suppliers, for other purposes. inserting ‘‘Morley Nelson’’ before ‘‘Snake manufacturers, distributors, and—con- f River Birds of Prey National Conservation sumers. Area’’; and Maintaining our Nation’s highway STATEMENTS ON INTRODUCED infrastructure is essential to a robust BILLS AND JOINT RESOLUTIONS (2) in section 3(a)(1) (16 U.S.C. 460iii– 2(a)(1)), by inserting ‘‘Morley Nelson’’ before economy and increasing Ohio’s share of By Mr. CRAIG (for himself and ‘‘Snake River Birds of Prey National Con- federal highway dollars has been a Mr. CRAPO): servation Area’’. longtime battle of mine. One of my S. 761. A bill to rename the Snake (b) REFERENCES.—Any reference in a law, goals when I became Governor 14 years River Birds of Prey National Conserva- map, regulation, document, paper, or other ago was to increase our rate-of-return tion Area in the State of Idaho as the record of the United States to the Snake from 79 percent to 87 percent in the Morley Nelson Snake River Birds of River Birds of Prey National Conservation Area shall be deemed to be a reference to the Intermodal Surface Transportation Ef- Prey National Conservation Area in Morley Nelson Snake River Birds of Prey Na- ficiency Act of 1991, ISTEA. Then, in honor of the late Morley Nelson, an tional Conservation Area. 1998, as chairman of the National Gov- international authority on birds of (c) TECHNICAL CORRECTIONS.—Public Law ernors Association, I lobbied Congress prey, who was instrumental in the es- 103–64 is further amended— to increase the minimum rate-of-re- tablishment of this National Conserva- (1) in section 3(a)(1) (16 U.S.C. 460iii– turn to 90.5 percent. The goal of the tion Area, and for other purposes; to 2(a)(1)), by striking ‘‘(hereafter referred to as Highway Funding Equity Act of 2005 is the Committee on Energy and Natural the ‘conservation area’)’’; and to increase the minimum guaranteed Resources. (2) in section 4 (16 U.S.C. 460iii–3)— rate-of-return to 95 percent. Mr. CRAIG. Mr. President, I rise (A) in subsection (a)(2), by striking ‘‘Con- The Highway Funding Equity Act of today to introduce, along with my col- servation Area’’ and inserting ‘‘conservation 2005 has two components. First, the bill league, Mr. CRAPO, a bill to rename a area’’; and would increase the minimum guaran- National Conservation Area in the (B) in subsection (d), by striking ‘‘Visitors teed rate-of-return in TEA–21 from 90.5 Center’’ and inserting ‘‘visitors center’’. State of Idaho after the late Morley percent of a State’s share of contribu- Nelson. This bill renames it the Morley By Mr. VOINOVICH (for himself, tions to the Highway Trust Fund to 95 Nelson Snake River Birds of Prey Na- Mr. LEVIN, Mr. DEWINE, Ms. percent. The Minimum Guarantee tional Conservation Area. under TEA–21 includes all major Core STABENOW, Mr. CORNYN, Mr. AL- After returning home as a decorated highway programs: Interstate Mainte- EXANDER, Mr. DEMINT, Mrs. veteran of World War II, having served nance, National Highway System, DOLE, Mr. VITTER, Mr. MAR- with the famed 10th Mountain Division Bridge, Surface Transportation Pro- in Italy, Morley Nelson recognized the TINEZ, Mr. ISAKSON, Mr. NELSON gram, Congestion Mitigation and Air unique importance of the Snake River of Florida, Mr. LUGAR, Mr. Quality, Metropolitan Planning, Rec- area for birds of prey. He worked for its BURR, Mr. COCHRAN, Mr. LOTT, reational Trails, and any funds pro- protection and various designations, Mrs. HUTCHISON, Mr. vided by the Minimum Guarantee culminating in its establishment by CHAMBLISS, Mr. BAYH, Mr. itself. Congress as a National Conservation ALLEN, and Ms. LANDRIEU): Second, the bill uses the table of per- Area. S. 762. A bill to amend title 23, centages now in Section 105 of Title 23 Starting in the 1950s, Morley Nelson United States Code, to increase the to guarantee States with a population spent decades convincing ranchers and minimum allocation provided to states density of less the 50 people per square farmers not to shoot raptors, but rath- for use in carrying out certain highway mile a minimum rate-of-return that er to accept them as an integral part of programs; to the Committee on Envi- may exceed 95 percent of that State’s the ecosystem. ronment and Public Works. share of Highway Account contribu- Morley Nelson raised public aware- Mr. VOINOVICH. Mr. President, I tions. This provision is intended to en- ness about birds of prey through scores rise today to introduce the Highway sure that every State is able to provide of speeches with an eagle on his fist, Funding Equity Act of 2005. I am joined the quality of road systems needed for and through dozens of movies and TV on a bipartisan basis by Senators national mobility, economic pros- specials starring his eagle or hawks, in- LEVIN, DEWINE, STABENOW, CORNYN, perity, and national defense. Under the cluding seven films for Disney. ALEXANDER, DEMINT, DOLE, VITTER, Morley Nelson recognized the long- 2000 Census, this provision would ben- MARTINEZ, ISAKSON, NELSON of Florida, standing problem with raptor electro- efit 15 States: Alaska, Arizona, Colo- cution from power lines and the associ- LUGAR, BURR, COCHRAN, LOTT, rado, Idaho, Kansas, Maine, Montana, ated power outages and even resulting HUTCHISON, CHAMBLISS, BAYH, ALLEN, Nebraska, Nevada, New Mexico, North wildfires. In cooperation with Idaho and LANDRIEU. Dakota, Oregon, South Dakota, Utah, Power, and later with other utilities, The Transportation Equity Act for and Wyoming. he helped develop guards and rede- the 21st Century, TEA–21 authorized Increasing donor States’ rate of re- signed power transmission lines to re- more than $218 billion for transpor- turn to 95 percent will send more than duce raptor electrocution. This tech- tation programs and expired in Sep- $60 million back to Ohio for road im- nology has since spread throughout the tember 2003, but has been extended provements we sorely need. The inter- world. through May 2005. TEA–21 requires cer- state system was built in the 1950s to Morley Nelson once said, ‘‘This is tain States, known as donor States, to serve the demands and traffic of the where the wind and the cliffs and the transfer to other States a percentage of 1980s. Today, Ohio’s infrastructure is birds are. This is where I’ll always be.’’ the revenue from federal highway user functionally obsolete. Nearly every It seems only fitting that the Snake fees. Several of these donor States central urban interstate in Ohio is over River Birds of Prey National Conserva- transfer more than 10 percent of every capacity and plagued with accidents tion Area should bear his name. federal highway user fee dollar to other and congestion. Ohio’s critical road- I ask unanimous consent that the States. As a result, donor States re- ways are unable to meet today’s traffic text of the bill be printed in the ceive a significantly lower rate-of-re- demands, much less future traffic RECORD. turn on their transportation tax dol- which is expected to grow nearly 70

VerDate Aug 04 2004 01:45 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.031 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3485 percent in the next 20 years. Like all ‘‘(A) IN GENERAL.—Except as provided in fiscal year only if the percentage for the the donor states, we need these funds subparagraph (B), the percentage for each State in the table contained in subsection (e) in Ohio. State referred to in paragraph (1) is the per- is equal to or exceeds 95 percent of the ratio centage that is equal to 95 percent of the determined for the State under subsection States can no longer afford to sup- ratio that— (a)(1)(B)(i) for the fiscal year. port others that are already self-suffi- ‘‘(i) the estimated tax payments attrib- ‘‘(3) LIMITATION ON ADJUSTMENTS.—Adjust- cient. Each State has its own needs utable to highway users in the State paid ments of the percentages in the table con- that far outweigh total available fund- into the Highway Trust Fund (other than the tained in subsection (e) in accordance with ing, especially in light of the so called Mass Transit Account) in the most recent this subsection shall not result in a total of ‘‘mega projects’’ coming due in the fiscal year for which data are available; the percentages determined under subsection next decade. For example, the Brent bears to (a)(2) that exceeds 100 percent.’’; and Spence Bridge that carries Interstates ‘‘(ii) the estimated tax payments attrib- (4) in subsection (e) (as redesignated by utable to highway users in all States paid paragraph (2)), by striking ‘‘subsection (a)’’ 71 and 75 across the Ohio River into into the Highway Trust Fund (other than the and inserting ‘‘subsections (a)(2)(B)(ii) and Kentucky is in need of replacement Mass Transit Account) in the most recent (d)’’. within the next 10 years at a cost of fiscal year for which data are available. Mr. LEVIN. Mr. President, today I about $500 million. With the inclusion ‘‘(B) EXCEPTION.—In the case of a State join Senator VOINOVICH in introducing of the approach work, the total project having a population density of less than 50 individuals per square mile according to the the Highway Funding Equity Act of could cost close to $1 billion. 2005. The goal of this legislation is to im- 2000 decennial census, the percentage re- ferred to in paragraph (1) shall be the greater Our bill will allow States to get back prove the rate-of-return on donor of— a fairer share of what they contribute States’ dollars to guarantee that Fed- ‘‘(i) the percentage determined under sub- in gas taxes to the highway trust fund. eral highway program funding is more paragraph (A); or We do this by increasing the Federal equitable for all States. Donor States ‘‘(ii) the percentage specified in subsection minimum guaranteed funding level for seek only their fair share, and I look (e). highways to 95 percent from the cur- forward to working with my colleagues ‘‘(b) TREATMENT OF FUNDS.— rent 90.5 percent of a State’s share of ‘‘(1) PROGRAMMATIC DISTRIBUTION.—The to improve highway funding equity Secretary shall apportion the amounts made contributions made to the Federal during the upcoming surface transpor- available under this section that exceed Highway Trust Fund in gas tax pay- tation reauthorization process. I am $2,800,000,000 so that the amount apportioned ments. pleased with the strong bipartisan sup- to each State under this paragraph for each Increasing this minimum guarantee port this legislation has received. In program referred to in subsection (a)(1) to 95 percent will bring us one step addition, I am hopeful that the high- (other than the high priority projects pro- closer to achieving fairness in the dis- way bill will be brought to the Senate gram, metropolitan planning, the rec- tribution of Federal highway funds to floor quickly, so that we can move to a reational trails program, the Appalachian States. development highway system, and the min- Historically about 20 States, includ- conference. It is vital that our Nation’s imum guarantee under subsection (a)) is highway infrastructure needs be prop- ing Michigan, known as ‘‘donor’’ equal to the product obtained by multi- States, have sent more gas tax dollars erly addressed to ensure continued eco- plying— nomic growth. ‘‘(A) the amount to be apportioned under to the Highway Trust Fund in Wash- I ask unanimous consent that the this paragraph; and ington than were returned in transpor- text of the bill be printed in the ‘‘(B) the ratio that— tation infrastructure spending. The re- RECORD. ‘‘(i) the amount of funds apportioned to the maining 30 States, known as ‘‘donee’’ There being no objection, the bill was State for each program referred to in sub- States, have received more transpor- section (a)(1) (other than the high priority tation funding than they paid into the ordered to be printed in the RECORD, as projects program, metropolitan planning, follows: Highway Trust Fund. the recreational trails program, the Appa- This came about in 1956 when a num- S. 762 lachian development highway system, and ber of small States and large Western Be it enacted by the Senate and House of the minimum guarantee under subsection States banded together to develop a Representatives of the United States of America (a)) for a fiscal year; bears to formula to distribute Federal highway ‘‘(ii) the total amount of funds apportioned in Congress assembled, dollars that advantaged themselves SECTION 1. SHORT TITLE. to the State for that program for the fiscal year. over the remaining States. They This Act may be cited as the ‘‘Highway formed a coalition of about 30 States Funding Equity Act of 2005’’. ‘‘(2) REMAINING DISTRIBUTION.— ‘‘(A) IN GENERAL.—Subject to subparagraph that would benefit from the formula SEC. 2. MINIMUM GUARANTEE. (B), the Secretary shall apportion the re- and, once that formula was in place, Section 105 of title 23, United States Code, mainder of funds made available under this have tenaciously defended it. is amended— section to the States, and administer those At the beginning there was some le- (1) by striking subsection (a) and sub- funds, in accordance with section 104(b)(3). gitimacy to the large low-population sections (c) through (f); ‘‘(B) INAPPLICABLE REQUIREMENTS.—Para- (2) by redesignating subsection (b) as sub- predominately Western States getting graphs (1), (2), and (3) of section 133(d) shall more funds than they contributed to section (e); not apply to amounts apportioned in accord- (3) by inserting after the section heading ance with this paragraph. the system in order to build a national the following: ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— interstate highway system. Some argu- ‘‘(a) GUARANTEE.— There are authorized to be appropriated out ments remain for providing additional ‘‘(1) IN GENERAL.—For each of fiscal years of the Highway Trust Fund (other than the funds to those States to maintain the 2005 through 2009, the Secretary shall allo- Mass Transit Account) such sums as are nec- national system and our bill will do cate among the States amounts sufficient to essary to carry out this section for each of that. However, there is no justification ensure that the percentage for each State of fiscal years 2005 through 2009. for any State getting more than its fair the total apportionments for the fiscal year ‘‘(d) GUARANTEE OF 95 PERCENT RETURN.— share. for the National Highway System under sec- ‘‘(1) IN GENERAL.—For each of fiscal years tion 103(b), the high priority projects pro- 2005 through 2009, before making any appor- Each time the highway bill is reau- gram under section 117, the Interstate main- tionment under this title, the Secretary thorized the donor States that have tenance program under section 119, the sur- shall— traditionally subsidized other States’ face transportation program under section ‘‘(A) determine whether the sum of the per- road and bridge projects have fought to 133, metropolitan planning under section 134, centages determined under subsection (a)(2) correct this inequity in highway fund- the highway bridge replacement and reha- for the fiscal year exceeds 100 percent; and ing. It has been a long struggle to bilitation program under section 144, the ‘‘(B) if the sum of the percentages exceeds change these outdated formulas. congestion mitigation and air quality im- 100 percent, proportionately adjust the per- Through these battles, some progress provement program under section 149, the centages specified in the table contained in has been made. For instance, in 1978, recreational trails program under section subsection (e) to ensure that the sum of the Michigan was getting around 75 cents 206, the Appalachian development highway percentages determined under subsection system under subtitle IV of title 40, and the (a)(1)(B) for the fiscal year equals 100 per- on our gas tax dollar. The 1991 bill minimum guarantee under this paragraph, cent. brought us up to approximately 80 equals or exceeds the percentage determined ‘‘(2) ELIGIBILITY THRESHOLD FOR ADJUST- cents per dollar and the 1998 bill guar- for the State under paragraph (2). MENT.—The Secretary may make an adjust- anteed a 90.5 cent minimum return for ‘‘(2) STATE PERCENTAGES.— ment under paragraph (1) for a State for a each State.

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.044 S12PT1 S3486 CONGRESSIONAL RECORD — SENATE April 12, 2005

We still have a long way to go to 112 cars about 1⁄2 mile west of the city inspection, such as visual inspections, achieve fairness for Michigan and other limits of Minot, ND. and additional oversight by the FRA States on the return on our Highway Five tank cars carrying anhydrous was necessary. The accident was Trust Fund contributions. At stake are ammonia, a liquefied compressed gas, caused in part because of undetected tens of millions of dollars a year in ad- catastrophically ruptured, and a vapor cracks in the rail tracks, and NTSB ditional funding to pay for badly need- plume covered the derailment site and concluded that track inspections to ed transportation improvements in surrounding area. About 146,700 gallons identify and remove cracked rail com- Michigan alone and the jobs that go of anhydrous ammonia were released ponents before the cracks grow to crit- with it. Based on FHWA data, we cal- from the five cars, and a cloud of ical size are the primary preventive culate that Michigan would have re- hydrolyzed ammonia formed almost measure to ensure safety. ceived over $55 million in additional immediately. This plume rose an esti- The findings from the NTSB’s report funds in FY 2004 under the Voinovich- mated 300 feet and gradually expanded are extremely troubling, and require Levin 95 percent minimum guarantee 5 miles downwind of the accident site immediate action by the Federal Rail- bill. That’s a critically important dif- and over a population of about 11,600 road Administration (FRA) to imple- ference for Michigan each year. The people. One resident was fatally in- ment the safety recommendations. Our same is true for other donor States jured, and 60 to 65 residents of the legislation incorporates these rec- that stand to get back millions more of neighborhood nearest the derailment ommendations and others on track their gas tax dollars currently being site had to be rescued. Over the next 5 safety, and sets forth time frames for sent to other States. There’s no logical days, another 74,000 gallons of anhy- the FRA to act so that we ensure that reason for some States to be forced to drous ammonia were released from six these critical and potentially life-sav- continue to send that money to other other anhydrous ammonia tank cars. ing recommendations will move for- As a result of the accident, 11 people states to subsidize their road and ward. sustained serious injuries, and 322 peo- bridge projects and to perpetuate this It is important to note that the ter- ple, including the 2 train crewmembers, imbalance is simply unfair and unjusti- rible tragedy that took place in Madrid sustained minor injuries. Damages ex- fiable. last year demonstrates that tank and ceeded $2 million, and more than $8 With the national interstate system track safety are vital to prevent not million was been spent for environ- completed, the formulas used to deter- only against rail accidents, but also mental remediation. Imagine the dev- mine how much a State will receive against terrorist attacks against our astation that could have occurred if rail system. We cannot delay on inves- from the Highway Trust Fund are anti- this accident had happened in a more quated and do not relate to what a tigating improvements to tank cars populated area. that travel every day across this coun- State’s real needs or contributions are. The National Transportation Safety try, often carrying dangerous loads of The Voinovich-Levin bill is a con- Board (NTSB) investigated this terrible hazardous material. This is a necessary sensus bill developed with the help of derailment, and in its report issued im- step in improving rail security. donor State Department of Transpor- portant safety recommendations on We will now work with the Senate tation agencies and their coalition track inspections and tank car crash- Commerce Committee and the Senate working group. This legislation would worthiness. The findings by the NTSB leadership to speed enactment of this increase the minimum guarantee from raised great concern. NTSB estimated important legislation. Last year simi- 90.5 percent to 95 percent for all States. that the pre-1989 tank cars were insuf- lar provisions were included in a larger With this legislation, we intend to send ficiently crashworthy. The cars were rail security bill that passed the Sen- a strong message to our colleagues and estimated to make up approximately 60 ate, and I am hopeful that we can pro- the authorizing Committee about the percent of the pressure tank cars in the ceed along the same route this year, as need to address the equity issue in the rail system, and with a 50-year life- highway reauthorization bill. We are span, could continue operating until both measures are vital to protect our determined to make progress in this 2039. The risks posed by these cars are rail system. I invite my colleagues to bill to distribute the highway funds in significant, and the NTSB set forth join me in cosponsoring this bill. I ask unanimous consent that the a more equitable manner so that every recommendations on addressing these text of this bill be printed in the State gets its fair share. safety issues. This is simply an issue of fairness Of further concern is the fact that RECORD. There being no objection, the bill was and we will not be satisfied until we statistics show that there were more ordered to be printed in the RECORD achieve it. than 1.23 million tank car shipments of , as hazardous materials in 2000, the last follows: By Mr. DORGAN (for himself and year for which the study had data S. 763 Mrs. HUTCHISON): available, in the United States and Be it enacted by the Senate and House of Rep- S. 763. A bill to direct the Federal Canada. Of the top 10 hazardous mate- resentatives of the United States of America in Congress assembled, Railroad Administration to make weld- rials transported by tank car, 5 were SECTION 1. SHORT TITLE. ed rail and tank car improvements; to class 2 liquefied compressed gases, the Committee on Commerce, Science, This Act may be cited as the ‘‘Welded Rail LPG, anhydrous ammonia, chlorine, and Tank Car Safety Improvement Act’’. and Transportation. propane, and vinyl chloride, that to- SEC. 2. WELDED RAIL AND TANK CAR SAFETY IM- Mr. DORGAN. Mr. President, today I gether accounted for more than 246,600 PROVEMENTS. am introducing bipartisan legislation tank car shipments, or about 20 per- (a) TRACK STANDARDS.— to address improvements that need to cent of all hazardous materials ship- (1) IN GENERAL.—Within 90 days after the be made to the Nation’s rail tracks and ments by tank car. date of enactment of this Act, the Federal tank cars. I am very pleased to be Consequently, the NTSB specifically Railroad Administration shall— joined on this bill by Senator KAY BAI- stated concerns about continued trans- (A) require each track owner using contin- uous welded rail track to include procedures LEY HUTCHISON. portation of class 2 hazardous mate- It is vital that we address this issue (in its procedures filed with the Administra- rials in pre-1989 tank cars. Because of tion pursuant to section 213.119 of title 49, of track and tank car safety. Rail acci- the high volume of liquefied gases Code of Federal Regulations) to improve the dents occur in our Nation too fre- transported in these tank cars and the identification of cracks in rail joint bars; quently, and can cause devastating cars’ lengthy service lives, the NTSB (B) instruct Administration track inspec- harm, ranging from economic loss, en- concluded that using these cars to tors to obtain copies of the most recent con- vironmental or health hazards, or the transport DOT class 2 hazardous mate- tinuous welded rail programs of each rail- worst tragedy, the loss of human life. rials under current operating practices road within the inspectors’ areas of responsi- In my own State of North Dakota a poses an unquantified but real risk to bility and require that inspectors use those terrible derailment took place in programs when conducting track inspec- the public. The NTSB also concluded tions; and Minot, ND in January of 2002. At ap- that research was needed on improving (C) establish a program to review contin- proximately 1:37 a.m. on January 18, the crashworthiness of all tank cars. uous welded rail joint bar inspection data 2002, an eastbound Canadian Pacific With regards to track safety, the from railroads and Administration track in- Railway freight train, derailed 31 of its NTSB also found that improved track spectors periodically.

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.059 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3487 (2) Whenever the Administration deter- should expand benefits—not reduce than the coverage that will be avail- mines that it is necessary or appropriate the them. The PAAD Act will make crit- able under the new Medicare benefit. Administration may require railroads to in- ical changes to the Medicare law to en- Furthermore, auto enrollment would crease the frequency of inspection, or im- sure that the above-mentioned benefits relieve beneficiaries from the anxiety prove the methods of inspection, of joint bars in continuous welded rail. are safeguarded. of selecting the appropriate plan to en- (b) TANK CAR STANDARDS.—The Federal The PAAD Act will allow States to sure that their drug coverage is maxi- Railroad Administration shall— automatically enroll SPAP and dually mized. Certainly, beneficiaries who (1) validate a predictive model to quantify eligible Medicaid beneficiaries into one prefer to select their own prescription the relevant dynamic forces acting on rail- or more preferred prescription drug drug plan should have that choice, but road tank cars under accident conditions plans to ensure that these beneficiaries those who want the state to act on within 1 year after the date of enactment of are enrolled in a Medicare drug plan their behalf to ensure that they receive this Act; and that maximizes both their Federal and (2) initiate a rulemaking to develop and the most comprehensive and seamless implement appropriate design standards for State prescription drug coverage and coverage should be afforded that op- pressurized tank cars within 18 months after ensures for a seamless transition to the tion. the date of enactment of this Act. new Medicare Part D drug benefit. This legislation is critical to pre- (c) OLDER TANK CAR IMPACT RESISTANCE The PAAD Act will ensure that New serving and protecting existing pre- ANALYSIS AND REPORT.—Within 1 year after Jersey seniors who currently receive scription drug coverage while expand- the date of enactment of this Act the Fed- prescription drug benefits under PAAD ing it to those who currently lack such eral Railroad Administration shall conduct a or through the State’s Medicaid pro- comprehensive analysis to determine the im- coverage. States like New Jersey, pact resistance of the steels in the shells of gram are not made worse off by the Pennsylvania, and New York, States pressure tank cars constructed before 1989. new Medicare law. that have well-established, generous Within 6 months after completing that anal- The PAAD Act will allow New Jersey prescription drug plans for seniors and ysis the Administration shall— to provide supplemental Medicaid pre- the disabled, should not be prevented (1) establish a program to rank those cars scription drug benefits to low-income from continuing to provide the same according to their risk of catastrophic frac- seniors and disabled who currently re- ture and separation; level of coverage under the new Medi- ceive generous prescription drug bene- care law. I look forward to working (2) implement measures to eliminate or fits under the Medicaid program and mitigate this risk; and with my colleagues to pass this legisla- (3) transmit a report to the Senate Com- who will now receive their prescription tion and preserve prescription drug mittee on Commerce, Science, and Transpor- drug benefits through Medicare. benefits for all seniors. One of the goals of medicine is to do tation and the House of Representatives Mr. President, I ask unanimous con- no harm. The manner in which the Committee on Transportation and Infra- sent that the text of the bill be printed structure setting forth the measures imple- Bush Administration has chosen to im- in the RECORD. mented. plement the Medicare law violates that There being no objection, the bill was SEC. 3. AUTHORIZATION OF APPROPRIATIONS. tenet. The Medicare legislation signed ordered to be printed in the RECORD, as There are authorized to be appropriated to by the President created the State follows: the Federal Railroad Administration Pharmaceutical Assistance Transition $1,000,000 for fiscal year 2006 to carry out this S. 764 section, such sums to remain available until Commission specifically to address the expended. coordination of benefits between Be it enacted by the Senate and House of Rep- SPAPS, State Medicaid drug programs, resentatives of the United States of America in By Mr. CORZINE (for himself and and the new Medicare drug plan. The Congress assembled, Mr. LAUTENBERG): Commission was explicit in its rec- SECTION 1. SHORT TITLE. S. 764. A bill to amend title XVIII of ommendation to CMS that states be This Act may be cited as the ‘‘Preserving the Social Security Act to improve the permitted to automatically enroll Access to Affordable Drugs Act of 2005’’. coordination of prescription drug cov- these beneficiaries in preferred pre- SEC. 2. STATE AS AUTHORIZED REPRESENTA- erage provided under State pharma- scription drug plans to ‘‘enhance bene- TIVE. ceutical assistance programs with the fits to enrollees, encourage enrollment, (a) IN GENERAL.—Section 1860D–1(b)(1) of prescription drug benefit provided the Social Security Act (42 U.S.C. 1395w– and promote coordination between 101(b)(1)) is amended by adding at the end the under the medicare program, and for Medicare Part D and [states].’’ Mem- other purposes; to the Committee on following new subparagraph: bers of the Commission recognized that ‘‘(D) STATE AS AUTHORIZED REPRESENTA- Finance. many blind, disabled, and aged bene- TIVE.—A State Pharmaceutical Assistance Mr. CORZINE. Mr. President, I rise ficiaries, those who most need cov- Program (as defined in section 1860D–23(b)) today along with my colleague, Sen- erage, would not be able to navigate may, at the option of the State operating the ator LAUTENBERG, to introduce legisla- the plan selection process and could Program, act as the authorized representa- tion, the Preserving Access to Afford- face gaps in coverage. Yet, CMS re- tive for any part D eligible individual resid- able Drugs (PAAD) Act. This legisla- ing in the State who is enrolled in the Pro- tion is essential to ensuring that our cently denied New Jersey’s request to gram or described in section 1935(c)(6)(A)(ii) most vulnerable seniors who have ex- automatically enroll those Medicare in order to select one or more preferred pre- isting prescription drug coverage do beneficiaries currently enrolled in New scription drug plans to enroll such an indi- not see a reduction or disruption in Jersey’s PAAD and Medicaid programs vidual, so long as the individual is afforded their coverage once the Medicare pre- into a preferred Medicare prescription the authority to decline such enrollment. A drug plan. This ruling effectively Program that acts as an authorized rep- scription drug program goes into ef- resentative for an individual pursuant to the fect. blocks New Jersey’s efforts to preserve the generous prescription drug cov- preceding sentence shall not be considered to Hundreds of thousands of seniors, in- have violated section 1860D–23(b)(2) solely be- cluding 190,000 in my State, currently erage the state currently provides to cause of the enrollment of such individual in enrolled in state pharmacy assistance the 190,000 seniors enrolled in New Jer- a preferred prescription drug plan.’’. programs (SPAPs) will be forced out of sey’s PAAD program and the 140,000 (b) CONFORMING AMENDMENT TO ANTI-DIS- those programs and into a private drug seniors and disabled enrolled in the CRIMINATION PROVISION.—Section 1860D– plan under the Medicare prescription state’s Medicaid program when the new 23(b)(2) of the Social Security Act (42 U.S.C. drug benefit. Additionally, approxi- Medicare prescription drug benefit goes 1395w–133(b)(2)) is amended by inserting mately six million seniors, including into effect on January 1, 2006. ‘‘subject to 1860D–1(b)(1)(D),’’ after ‘‘which,’’. 140,000 in New Jersey, who are dually Yesterday, I was joined by Senator SEC. 3. FACILITATION OF COORDINATION. eligible for Medicare and Medicaid will LAUTENBERG in writing to the Presi- Section 1860D–24(c)(1) of the Social Secu- lose access to their Medicaid prescrip- dent to express our sincere dismay over rity Act (42 U.S.C. 1395w–134(c)(1)) is amend- tion drug benefits, which are more gen- the recent CMS ruling. It is clear that ed by striking ‘‘all methods of operation’’ permitting states to automatically en- and inserting ‘‘its own methods of operation, erous and provide greater access to a except that a PDP sponsor or MA organiza- variety of drugs than the Medicare ben- roll these beneficiaries would guar- tion may not require a State Pharmaceutical efit will. antee that these seniors continue to re- Assistance Program or an RX plan described No senior should be made worse off ceive the same level of prescription in subsection (b) to apply such tools when by the new Medicare law. The law drug coverage, which is more generous coordinating benefits’’.

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.046 S12PT1 S3488 CONGRESSIONAL RECORD — SENATE April 12, 2005 SEC. 4. ALLOWING MEDICAID WRAP. foundation for the creation of some of the United States in these fields for 5 Section 1935 of the Social Security Act (42 the most significant technologies of consecutive years. Priority will be U.S.C. 1396u–5) is amended by striking sub- modern life, including personal com- given to those students with degrees in section (d). puters and the Internet. majors that are key to protecting our SEC. 5. EFFECTIVE DATE. Why is any of this important to us national, homeland and economic secu- The amendments made by this Act shall take effect as if included in the enactment of today? Because, as the old saying rity as a nation. the Medicare Prescription Drug, Improve- goes—he or she who fails to remember Almost 50 years ago our Nation ment, and Modernization Act of 2003 (Public history is bound to repeat it. learned a lesson about the cost of com- Law 108–173; 117 Stat. 2066). The truth of the matter is that today placency in science and technology. America’s education system is coming While we responded with immediate By Mr. WARNER (for himself and up short in training the highly tech- vigor and ultimately prevailed, today, Mr. DURBIN): nical American minds that we now new dangers are upon us. S. 765. A bill to preserve need and will continue to need far into Once again, America must rise to mathematics- and science-based indus- the future. meet a new challenge. In my view, this tries in the United States; to the Com- The 2003 Program for International initiative is an important step forward mittee on Health, Education, Labor, Student Assessment found that the that will encourage Americans to enter and Pensions. math, problem solving, and science important fields of study that are cru- Mr. WARNER. Mr. President, I rise skills of fifteen year old students in the cial to the national, homeland, and today to introduce, along with Senator United States were below average when economic security of this country. DURBIN, an important bipartisan bill compared to their international coun- related to education and our national, terparts in industrialized countries. By Mr. SANTORUM: homeland, and economic security. My While a little bit better news was pre- S. 766. A bill to remove civil liability good friend and colleague in the U.S. sented by the recently released 2003 barriers that discourage the donation House of Representatives, Congressman Trends in International Mathematics of fire equipment to volunteer fire FRANK WOLF, is introducing the same and Science Study (TIMSS), it is still companies; to the Committee on the legislation today in the House. nothing we should cheer about. TIMSS Judiciary. Without a doubt, our ability to re- showed that eighth grade students in Mr. SANTORUM. Mr. President, I am main ahead of the curve in scientific the U.S. had lower average math scores introducing the ‘‘Good Samaritan Vol- and technological advancements is a than fifteen other participating coun- unteer Firefighter Assistance Act of key component to ensuring America’s tries. U.S. science scores weren’t much 2005.’’ Amazingly, every year quality national, homeland and economic secu- better. firefighting equipment worth millions rity in the post 9/11 world of global ter- Our colleges and universities are not of dollars is wasted. In order to avoid rorism. immune to the waning achievement in civil liability lawsuits, heavy industry Yet alarmingly, the bottom line is math and science education. The Na- and wealthier fire departments destroy that America faces a huge shortage of tional Science Foundation reports the surplus equipment, including hoses, home-grown, highly trained scientific percentage of bachelor degrees in fire trucks, protective gear and breath- minds. science and engineering have been de- ing apparatus, instead of donating it to The situation America faces today is clining in the U.S. for nearly two dec- volunteer fire departments. not unlike almost 50 years ago. On Oc- ades. In fact, the proportion of college- The basic purpose of this legislation tober 4, 1957, the Soviet Union success- age students earning degrees in math, is to induce donations of surplus fire- fully launched the first man-made sat- science, and engineering was substan- fighting equipment by reducing the ellite into space, Sputnik. The launch tially higher in 16 countries in Asia threat of civil liability for organiza- shocked America, as many of us had and Europe than it was in the United tions, most commonly heavy industry, assumed that we were preeminent in States. and individuals who wish to make the scientific fields. While prior to that In the past, this country has been these donations. The bill eliminates unforgettable day America enjoyed an able to compensate for its shortfall in civil liability barriers to donations of air of post World War II invincibility; homegrown, highly trained, technical surplus firefighting equipment by rais- afterwards our Nation recognized that and scientific talent by importing the ing the liability standard for donors there was a cost to its complacency. necessary brain power from foreign from ‘‘negligence’’ to ‘‘gross neg- We had fallen behind. countries. However, with increased ligence.’’ By doing this, the legislation In the months and years to follow, we global competition, this is becoming saves taxpayer dollars by encouraging would respond with massive invest- harder and harder. More and more of donations, thereby reducing the tax- ments in science, technology and engi- our imported brain power is returning payers’ burden of purchasing expensive neering. In 1958, Congress passed legis- home to their native countries. And re- equipment for volunteer fire depart- lation creating the National Defense grettably, as they return home, many ments. Education Act, which was designed to American high tech jobs are being The Good Samaritan Volunteer Fire- stimulate advancement in science and outsourced with them. fighter Assistance Act of 2005 is mod- mathematics. In addition, President Moreover, in the post 9/11 era, it is eled after a bill passed by the Texas Eisenhower signed into law legislation more important than ever from a secu- state legislature in 1997 and signed into that established the National Aero- rity perspective to have American citi- law by then-Governor George W. Bush nautics and Space Administration zens performing certain tasks. We can- which has resulted in more than $10 (NASA). And a few years later, in 1961, not run the risk of having to out- million in additional equipment dona- President Kennedy set the Nation’s source the security of this country tions from companies and other fire de- goal of landing a man on the moon simply because we don’t have enough partments for volunteer departments within the decade. highly trained U.S. citizens to meet which may not be as well equipped. These investments paid off. In the our America’s needs. Now companies in Texas can donate years following the Sputnik launch, The legislation we are introducing surplus equipment to the Texas Forest America not only closed the scientific today is a targeted measure that will Service, which then certifies the equip- and technological gap with the Soviet help America meet its needs by pro- ment and passes it on to volunteer fire Union, we surpassed them. Our renewed viding strong incentives to students departments that are in need. The do- commitment to science and technology and graduates to pursue studies and ca- nated equipment must meet all origi- not only enabled us to safely land a reers in these important scientific and nal specifications before it can be sent man on the moon in 1969, it spurred re- technical fields. to volunteer departments. Alabama, search and development which helped Our bill simply allows the Federal Arizona, Arkansas, California, Florida, ensure that our modern military has Government to pay the interest on un- Illinois, Indiana, Missouri, Nevada, always had the best equipment and dergraduate student loans for certain South Carolina, and Pennsylvania have technology in the world. These post- graduates of math, science, or engi- passed similar legislation at the State Sputnik investments also laid the neering programs who agree to work in level.

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.049 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3489 In the 108th Congress, Representative HARKIN, Mr. ROBERTS, and Mr. proteomics, and cell and molecular bi- CASTLE introduced the Good Samaritan COLEMAN): ology. They are providing the base for Volunteer Firefighter Assistance Act, S. 767. A bill to establish a Division new and continuing agricultural inno- which had 64 bipartisan cosponsors in of Food and Agricultural Science with- vations. the House of Representatives. It is also in the National Science Foundation It was only about a dozen years ago supported by the National Volunteer and to authorize funding for the sup- that farmers in Missouri came to me to Fire Council, the Firemen’s Associa- port of fundamental agricultural re- tell me about the potential that ge- tion of the State of New York, and a search of the highest quality, and for netic engineering and plant bio- former director of the Federal Emer- other purposes; to the Committee on technology had for improving the pro- gency Management Agency, FEMA, Agriculture, Nutrition, and Forestry. duction of food, and doing so with less James Lee Witt. The legislation passed Mr. BOND. I rise today to introduce impact on the environment, providing overwhelmingly in the House by a vote legislation with Senators MIKULSKI, more nutritious food. Since that time, of 397–3. The bill has been reintroduced TALENT, HARKIN, ROBERTS and COLE- I have had a wonderful, continuing edu- as H.R. 1088 in the 109th Congress and MAN to establish a division of food and cation, not in how it works but what it already has garnered 64 cosponsors. I agricultural science within the Na- can do. introduced the Good Samaritan Volun- tional Science Foundation to support We know now, for example, that in teer Firefighter Assistance Act of 2004 fundamental agricultural research of hungry areas of the world as many as in the 108th Congress that also enjoyed the highest quality. I present this to half a million children go blind from support from the National Volunteer begin a critical discussion that I be- vitamin A deficiency, and maybe a mil- Fire Council. lieve we must have over the next sev- lion die from vitamin A deficiency. Federally, precedent for similar eral months about how we are going to measures includes the Bill Emerson Well, through plant biotechnology, the ensure we capitalize on the technology International Rice Research Institute Good Samaritan Food Act, Public Law to maximize the benefits and minimize 104–210, named for the late Representa- in the Philippines and others have de- the costs of our agricultural produc- veloped Golden Rice, taking a gene tive Bill Emerson, which encourages tion. restaurants, hotels and businesses to from the sunflower, a beta-carotene We remain the world leader in food gene, and they enrich the rice. The donate millions of dollars worth of and fiber production. We do it safely food. The Volunteer Protection Act of Golden Rice now has that vitamin A, and through technology and the hard and that is going to make a significant 1997, Public Law 105–101, also immu- work of the American farmer. In the nizes individuals who do volunteer difference in dealing with malnutri- past half century, the number of people tion. work for non-profit organizations or fed by a single U.S. farm has grown We also know that in many areas of governmental entities from liability from 19 to 129. We have a tremendously the world, where agricultural produc- for ordinary negligence in the course of innovative agricultural research pro- tion has overtaxed the land, where their volunteer work. I have also pre- gram. Our farmers, our farm leaders drought has cut the production, where viously introduced three Good Samari- are on the cutting edge of developing virus has plagued production, the way tan measures in the 106th Congress, S. new technology. And we have seen the we can make farmers self-sufficient, 843, S. 844 and S. 845. These provisions innovations continue to come down the where we can restore the farm econ- were also included in a broader chari- pike. This has made it possible for one omy in many of these countries, is table package in S. 997, the Charity farmer to feed 129 people. through plant biotechnology. Empowerment Act, to provide addi- In addition, we export $60 billion tional incentives for corporate in-kind worth of agricultural products, and we But this is just the beginning. This charitable contributions for motor ve- do so at less cost and at less harm to legislation I am introducing today hicle, aircraft, and facility use. The the environment than any of our com- seeks to lay the foundation for tremen- same provision passed the House of petitors around the world, again, be- dous advances in the future. Representatives in the 107th Congress cause of new practices, diligence on the This legislation stems from findings as part of H.R. 7, the Community Solu- part of farmers, and new technology. and recommendations produced by a tions Act, in July of 2001, but was not In a world that has a decreasing distinguished group of scientists work- signed into law. amount of soil available for cultiva- ing on the Agricultural Research, Eco- Volunteers comprise approximately tion, we have a growing population and nomics and Education Task Force, 73 percent of firefighters in the United we still have 800 million children who which I was honored to be able to in- States. Of the total estimated 1,078,300 are hungry or malnourished through- clude in the 2002 farm bill. The distin- firefighters across the country, 784,700 out the world. As some have said: A guished task force was led by Dr. Wil- are volunteers. Of the more than 30,000 person who is well fed can have many liam H. Danforth, of St. Louis, the fire departments in the country, ap- problems. A person who is hungry has brother of our former distinguished proximately 22,600 are all volunteer; but one problem. Unless we maximize colleague, Senator Jack Danforth. Dr. 4,800 are mostly volunteer; 1,600 are Bill Danforth has a tremendous reputa- mostly career; and 2,000 are all career. technology and new practices, produc- tion will continue to overtax the tion in science and in education, with a In 2000, 58 of the 103 firefighters who commitment to human welfare and is died in the line of duty were volun- world’s natural resources. Many people legitimately have raised known worldwide. He was joined by Dr. teers. Nancy Betts, the University of Ne- This legislation provides a common- concerns regarding new diseases and braska; Mr. Michael Bryan, president sense incentive for additional contribu- pests and related food safety issues. of BBI International; Dr. Richard tions to volunteer fire departments And they are growing. The leading Coombe, the Watershed Agricultural around the country and would make it competitiveness of our U.S. producers Council; Dr. Victor Lechtenbert, Pur- more attractive for corporations to is only as solid as our willingness to in- due University; Dr. Luis Sequeira, the give equipment to fire departments in vest in forward-looking investments University of Wisconsin; Dr. Robert other States. All of America has wit- and build upon our historic successes. nessed the heroic acts of selflessness Now, we also know from past experi- Wideman, the University of Arkansas; and sacrifice of firefighters in New ence that with new technology the and Dr. H. Alan Wood, Mississippi York City, Northern Virginia, and doors are being opened to novel new State University. Pennsylvania. I urge my colleagues to uses of renewable agricultural products I extend my congratulations and my join me in supporting this incentive for in the fields of energy, medicine, and sincere gratitude to Dr. Danforth and the provision of additional safety industrial products. In the future, we his team for providing the basis and equipment for volunteer firefighters can make our farm fields and farm ani- the roadmap to ensure we have the who put their lives on the line every mals factories for everyday products, mechanisms in place to solve the prob- day throughout this great Nation. fuels, and medicines in a way that is ef- lems and capitalize on the opportuni- ficient and better preserves our natural ties in agricultural research. The full By Mr. BOND (for himself, Ms. resources. Advances in the life sciences report of the task force can be found at MIKULSKI, Mr. TALENT, Mr. have come about, such as genetics, www.ars.usda.gov/research.htm.

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.050 S12PT1 S3490 CONGRESSIONAL RECORD — SENATE April 12, 2005 In summary, that study concludes mental science’’ mean fundamental research (5) Publicly sponsored research is essential that it is absolutely necessary we rein- or science that— to continued agricultural innovation to miti- vigorate and forward focus our tech- (A) advances the frontiers of knowledge so gate or harmonize the long-term effects of nology to meet the responsibilities of as to lead to practical results or to further agriculture on the environment, to enhance scientific discovery; and the long-term sustainability of agriculture, our time. New investment is critical (B) has an effect on agriculture, food, nu- and to improve the public health and wel- for the world’s consumers, the protec- trition, human health, or another purpose of fare. tion of our natural resources, the this Act, as described in section 3(b). (6) Competitive, peer-reviewed funda- standard of living for Americans who (6) SECRETARY.—The term ‘‘Secretary’’ mental agricultural research is best suited labor in rural America, and for the means the Secretary of Agriculture. to promoting the fundamental research from well-being of the hungry people and the (7) UNITED STATES.—The term ‘‘United which breakthrough innovations that agri- needy people throughout the world. States’’ when used in a geographical sense culture and society require will come. (7) It is in the national interest to dedicate This legislation is supported by the means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all additional funds on a long-term, ongoing some 22 Member and Associate Member territories and possessions of the United basis to an institute dedicated to funding Societies of the Federation of Amer- States. competitive peer-reviewed grant programs ican Societies for Experimental Biol- SEC. 3. FINDINGS AND PURPOSES. that support and promote the highest caliber of fundamental agricultural research. ogy, as well as the Institute of Food (a) FINDINGS.—The Agricultural Research, (8) The Nation’s capacity to be competitive Technologists, American Society of Economics, and Education Task Force estab- internationally in agriculture is threatened Agronomy, Crop Science Society of lished under section 7404 of the Farm Secu- by inadequate investment in research. America, Soil Science Society of Amer- rity and Rural Investment Act of 2002 (7 (9) To be successful over the long term, U.S.C. 3101 note) conducted an exhaustive re- ica, the Council for Agricultural Re- grant-receiving institutions must be ade- view of agricultural research in the United search, the National Coalition for Food quately reimbursed for their costs if they are States and evaluated the merits of estab- and Agricultural Research, the Amer- to pursue the necessary agricultural re- lishing 1 or more national institutes focused search. ican Soybean Association, National on disciplines important to the progress of (10) To meet these challenges, address Cattlemen’s Beef Association, National food and agricultural science. Consistent these needs, and provide for vitally needed Chicken Council, National Corn Grow- with the findings and recommendations of agricultural innovation, it is in the national ers Association, National Farmers the Agricultural Research, Economics, and interest to provide sufficient Federal funds Union, National Milk Producers Fed- Education Task Force, Congress finds the over the long term to fund a significant pro- following: eration, National Pork Producers gram of fundamental agricultural research (1) Agriculture in the United States faces Council, National Turkey Federation, through an independent institute. critical challenges, including an impending Association of American Veterinary (b) PURPOSES.—The purposes of the Divi- crisis in the food, agricultural, and natural sion established under section 4(a) shall be to Medical Colleges and the United Fresh resource systems of the United States. Ex- Fruit and Vegetable Association. ensure that the technological superiority of otic diseases and pests threaten crops and agriculture in the United States effectively I look forward to pursuing this vision livestock, obesity has reached epidemic pro- in the 109th Congress. I invite my col- serve the people of the United States in the portions, agriculturally-related environ- coming decades, and to support and promote leagues who are interested in science mental degradation is a serious problem for fundamental agricultural research of the and research to review this report, to the United States and other parts of the highest caliber in order to achieve goals, in- look at this measure, to join with me world, certain animal diseases threaten cluding the following goals: and my cosponsors in the next session human health, and United States producers (1) Increase the international competitive- of Congress to talk about moving for- of some major crops are no longer the ness of United States agriculture. world’s lowest cost producers. (2) Develop knowledge leading to new foods ward on what I think will be a tremen- (2) In order to meet these critical chal- dous opportunity to improve agri- and practices that improve nutrition and lenges, it is essential that the Nation ensure health and reduce obesity. culture and its benefits to all our popu- that the agricultural innovation that has (3) Create new and more useful food, fiber, lations. been so successful in the past continues in health, medicinal, energy, environmental, Madam President, this, I hope, will the future. Agricultural innovation has re- and industrial products from plants and ani- be the start of something really big. sulted in hybrid and higher yielding varieties mals. Today, Congressman GUTKNECHT is of- of basic crops and enhanced the world’s food (4) Improve food safety and food security fering companion legislation in the supply by increasing yields on existing acres. by protecting plants and animals in the House. I congratulate him on his lead- Since 1960, the world’s population has tripled United States from insects, diseases, and the with no net increase in the amount of land threat of bioterrorism. ership in promoting science and I am under cultivation. Currently, only 1.5 per- pleased to be working on this with him. (5) Enhance agricultural sustainability and cent of the population of the United States improve the environment. I ask unanimous consent that the provides the food and fiber to supply the Na- (6) Strengthen the economies of the Na- text of the bill be printed in the tion’s needs. Agriculture and agriculture tion’s rural communities. RECORD. sciences play a major role in maintaining (7) Decrease United States dependence on There being no objection, the bill was the health and welfare of all people of the foreign sources of petroleum by developing ordered to be printed in the RECORD, as United States and in husbanding our land bio-based fuels and materials from plants. follows: and water, and that role must be expanded. (8) Strengthen national security by im- (3) Fundamental scientific research that S. 767 proving the agricultural productivity of sub- leads to understandings of how cells and or- sistence farmers in developing countries to Be it enacted by the Senate and House of Rep- ganisms work is critical to continued inno- combat hunger and the political instability resentatives of the United States of America in vation in agriculture in the United States. that it produces. Congress assembled, Such future innovations are dependent on (9) Assist in modernizing and revitalizing SECTION 1. SHORT TITLE. fundamental scientific research, and will be the Nation’s agricultural research facilities This Act may be cited as the ‘‘National enhanced by ideas and technologies from at institutions of higher education, inde- Food and Agricultural Science Act of 2005’’. other fields of science and research. pendent non-profit research institutions, and SEC. 2. DEFINITIONS. (4) Opportunities to advance fundamental consortia of such institutions, through cap- In this Act: knowledge of benefit to agriculture in the ital investment. (1) COUNCIL.—The term ‘‘Council’’ means United States have never been greater. Many (10) Achieve such other goals and meet the Standing Council of Advisors established of these new opportunities are the result of such other needs as determined appropriate under section 4(c). amazing progress in the life sciences over re- by the Foundation, the Director, or the Sec- (2) DIRECTOR.—Except as otherwise pro- cent decades, attributable in large part to retary. vided in this Act, the term ‘‘Director’’ means the provision made by the Federal Govern- SEC. 4. ESTABLISHMENT OF DIVISION. the Director of Food and Agricultural ment through the National Institutes of (a) ESTABLISHMENT.—There is established Science. Health and the National Science Foundation. within the National Science Foundation a (3) DIVISION.—The term ‘‘Division’’ means New technologies and new concepts have Division of Food and Agricultural Science. the Division of Food and Agricultural speeded advances in the fields of genetics, The Division shall consist of the Council and Science established under section 4(a). cell and molecular biology, and proteomics. be administered by a Director of Food and (4) FOUNDATION.—The term ‘‘Foundation’’ Much of this scientific knowledge is ready to Agricultural Science. means the National Science Foundation. be mined for agriculture and food sciences, (b) REPORTING AND CONSULTATION.—The Di- (5) FUNDAMENTAL AGRICULTURAL RESEARCH; through a sustained, disciplined research ef- rector shall coordinate the research agenda FUNDAMENTAL SCIENCE.—The terms ‘‘funda- fort at an institute dedicated to this re- of the Division after consultation with the mental agricultural research’’ and ‘‘funda- search. Secretary.

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.052 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3491

(c) STANDING COUNCIL OF ADVISORS.— (2) seek to make existing research pro- Whereas 2⁄3 of United States students (1) ESTABLISHMENT.— grams more relevant to the United States studying abroad study in Western Europe (A) IN GENERAL.—There is established in food and agriculture system, consistent with (18.2 percent in the United Kingdom alone), the Division a Standing Council of Advisors the purposes of this Act. although 95 percent of the world population composed of 12 highly qualified scientists (c) GRANT-AWARDING ONLY.—The Division’s growth in the next 50 years is expected to who are not employed by the Federal Gov- sole duty shall be to award grants. The Divi- occur outside of Western Europe; ernment and 12 stakeholders. sion may not conduct fundamental agricul- Whereas there are 29,953,000 retired work- (B) SCIENTISTS.— tural research or fundamental science, or op- ers in the United States as of December 2004, (i) APPOINTMENT.—The 12 scientist mem- erate any laboratories or pilot plants. meaning that there are many older Ameri- bers of the Council shall be appointed to 4- (d) PROCEDURES.—The Director shall estab- cans who have the talent, maturity, and year staggered terms by the Director of the lish procedures for the peer review, award- time to volunteer their services abroad; National Science Foundation, with the con- ing, and administration of grants under this Whereas the average United States college sent of the Director of Food and Agricultural Act, consistent with sound management and graduate who has studied 1 of the less com- Science. the findings and purposes described in sec- monly taught languages reaches no more (ii) QUALIFICATIONS.—The persons nomi- tion 3. than an intermediate level of proficiency in nated for appointment as scientist members f the language, which is insufficient to meet of the Council shall be— SUBMITTED RESOLUTIONS national security requirements; and (I) eminent in the fields of agricultural re- Whereas there are hundreds of well-estab- search, nutrition, science, or related appro- lished organizations in the United States priate fields; and SENATE RESOLUTION 104—EX- that implement educational and professional (II) selected for appointment solely on the exchanges, international volunteering, and basis of established records of distinguished PRESSING THE SENSE OF THE related programs, and the efforts of those or- service and to provide representation of the SENATE ENCOURAGING THE AC- ganizations could readily be expanded to views of agricultural research and scientific TIVE ENGAGEMENT OF AMERI- reach out to more Americans: Now, there- leaders in all areas of the Nation. CANS IN WORLD AFFAIRS AND fore, be it (C) STAKEHOLDERS.— URGING THE SECRETARY OF Resolved, (i) APPOINTMENT.—The 12 stakeholder STATE TO TAKE THE LEAD AND SECTION 1. SHORT TITLE. members of the Council shall be appointed to COORDINATE WITH OTHER GOV- This resolution may be cited as the ‘‘Peo- 4-year staggered terms by the Secretary, ERNMENTAL AGENCIES AND ple-to-People Engagement in World Affairs with the consent of the Director. NON-GOVERNMENTAL ORGANIZA- Resolution’’. (ii) QUALIFICATIONS.—The persons nomi- SEC. 2. SENSE OF SENATE. nated for appointment as stakeholder mem- TIONS IN CREATING AN ONLINE DATABASE OF INTERNATIONAL It is the sense of the Senate that— bers of the Council shall— (1) the Secretary of State should coordi- (I) include distinguished members of the EXCHANGE PROGRAMS AND RE- nate with implementing partners in creating public of the United States, including rep- LATED OPPORTUNITIES an online database that provides information resentatives of farm organizations and indus- Mr. FEINGOLD (for himself and Mr. on how Americans can take advantage of— try, and persons knowledgeable about the en- HAGEL) submitted the following resolu- (A) international exchange programs of the vironment, subsistence agriculture, energy, Department of State, the Department of and human health and disease; and tion; which was referred to the Com- mittee on Foreign Relations: Education, and other Federal Government (II) be selected for appointment so as to and non-government entities; provide representation of the views of stake- S. RES. 104 (B) volunteer opportunities with organiza- holder leaders in all areas of the Nation. Whereas the United States needs to do a tions that assist refugees and immigrants in (2) DUTIES.—The Council shall assist the better job of building personal and institu- the United States; Director in establishing the Division’s re- tional relationships with peoples and Na- (C) opportunities to host international stu- search priorities, and in reviewing, judging, tions around the world in order to combat dents and professionals in the United States; and maintaining the relevance of the pro- the rise in anti-American sentiment that (D) sister-city organizations in the United grams funded by the Division. The Council many polls and studies have reported; States; shall review all proposals approved by the Whereas a broad bipartisan consensus in (E) international fairs and cultural events scientific committees of the Division to en- favor of strengthening United States public in the United States; and sure that the purposes of this Act and the diplomacy emerged during 2003 in Congress (F) foreign language learning opportuni- needs of the Nation are being met. and was expressed in various reports, includ- ties; (3) MEETINGS.— ing reports of the Council on Foreign Rela- (2) Americans should strive to become (A) IN GENERAL.—The Council shall hold tions, the General Accounting Office, the Ad- more engaged in international affairs and periodic meetings in order to— visory Commission on Public Diplomacy, the more aware of peoples and developments out- (i) provide an interface between scientists Heritage Foundation, and the Advisory side the United States; and stakeholders; and Group on Public Diplomacy for the Arab and (3) Americans should seize 1 or more oppor- (ii) ensure that the Division is linking na- Muslim World; tunities toward this end, by such means as— tional goals with realistic scientific opportu- Whereas, in July 2004, the National Com- (A) participating in a professional or cul- nities. mission on Terrorist Attacks Upon the tural exchange; (B) TIMING.—The meetings shall be held at United States released its final report on (B) studying abroad; the call of the Director, or at the call of the United States intelligence, which deter- (C) volunteering abroad; Secretary, but not less frequently than an- mined that ‘‘[j]ust as we did in the Cold War, (D) working with an immigrant or refugee nually. we need to defend our ideals abroad vigor- group; SEC. 5. FUNCTIONS OF DIVISION. ously. America does stand up for its values (E) hosting a foreign student or profes- (a) COMPETITIVE RESEARCH.— . . . If the United States does not act aggres- sional; (1) IN GENERAL.—The Director shall carry sively to define itself in the Islamic World, (F) participating in a sister-city program; out the purposes of this Act by awarding the extremists will gladly do the job for us.’’; and competitive peer-reviewed grants to support Whereas the National Intelligence Reform (G) learning a foreign language; and and promote the very highest quality of fun- Act of 2004 declares the sense of Congress (4) Members of Congress should raise the damental agricultural research. that the United States should commit to a importance of international engagement in (2) GRANT RECIPIENTS.—The Director shall long-term and significant investment in pro- the districts and States the Members rep- make grants to fund research proposals sub- moting people-to-people engagement with all resent. mitted by— levels of society in other countries; Mr. FEINGOLD. Mr. President, I am (A) individual scientists; Whereas international exchange programs, (B) single and multi-institutional research which have assisted in extending American pleased to submit the People-to-People centers; and influence around the world by educating the Engagement in World Affairs resolu- (C) entities from the private and public world’s leaders, have suffered from a decline tion with my colleague from Nebraska, sectors, including researchers in the Depart- in funding and policy priority; Senator HAGEL. ment of Agriculture, the Foundation, or Whereas, when students are instructed in In July 2004, the National Commis- other Federal agencies. their civic and community responsibilities sion on Terrorist Attacks Upon the (b) COMPLEMENTARY RESEARCH.—The re- during secondary education, the importance United States released its final report, search funded by the Division shall— of their participation in global affairs should which determined that ‘‘just as we did (1) supplement and enhance, not supplant, be underscored as well; the existing research programs of, or funded Whereas the number of United States uni- in the Cold War, we need to defend our by, the Department of Agriculture, the versity-level students studying abroad in ideals abroad vigorously. . . . If the Foundation, and the National Institutes of 2002–2003 was 174,629, representing just over 1 United States does not act aggressively Health; and percent of United States students; to define itself in the Islamic world,

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.051 S12PT1 S3492 CONGRESSIONAL RECORD — SENATE April 12, 2005 the extremists will gladly do the job contingent upon a unified, global par- mothers. Another Wisconsinite who is for us.’’ The 9/11 Commission report ticipation. Members of the inter- an expert in dairy prices participated clearly states that in the interests of national community must collaborate in a farmer to farmer program to assist national security, the U.S. must com- to eliminate loopholes that terrorist in building a pricing system in Arme- mit to a long-term, global strategy, networks manipulate when intelligence nia’s dairy industry. He was able to which includes, among other things, ef- and communication break down be- share his experiences from this pro- fective public diplomacy. tween borders. gram with myself and people back in Public diplomacy is an essential Anti-Americanism can feed a steady the state. component of our efforts to define and supply of recruits and supporters for Citizen diplomacy not only helps the defend America’s interests and ideals terrorist networks, intent on our de- rest of the world to understand us, it abroad. But a successful, long-term ap- struction. Terrorist networks cap- strengthens this country internally as proach to building solid relationships italize on misperceptions about the well. Americans with insight into and with the rest of the world is not just U.S. to advance their own agenda and understanding of the world beyond our the mission of the State Department. scapegoat the U.S. as the reason for borders become energized constituents It also requires the engagement of the the poverty, weak and corrupt states, who demand wise foreign policy and American people. and powerlessness that many experi- help all of us to understand global This People-to-People Engagement in ence on a daily basis. events. World Affairs resolution is a call to International cooperation is also es- President Kennedy acknowledged the Americans to reach beyond our borders sential for effective progress in other importance of public diplomacy in 1960 to engage with the world at an indi- important, trans-border issues, such as and challenged Americans to serve vidual level. It encourages Americans the proliferation of WMD, human traf- their country through building strong- to seize opportunities to engage in the ficking, poverty, environmental deg- er communities abroad. His vision is global arena—through participating in radation, and diseases from HIV/AIDS even more relevant today. It is our re- a professional or cultural exchange; to polio. We cannot solve these prob- sponsibility to connect with people studying or volunteering abroad; work- lems alone—we need allies to help find outside our borders. This duty can be ing with an immigrant or refugee and achieve meaningful solutions. fulfilled by teachers, students, retirees, group in the United States; hosting a Combating anti-American senti- and anyone who can share the best of foreign student or professional; partici- ments requires that we engage in a the American people. We are a gen- pating in a sister-city program; or conversation with people in all levels erous nation. Many of our fellow Amer- learning a foreign language. This reso- of society beyond our borders. And as icans have dedicated their lives to lution also urges the State Department Secretary Rice has noted, our dialogue bringing about change for a better to coordinate between government cannot be a monologue. Talking at peo- world. It is in our hands to carry this agencies and non-governmental organi- ple about what the U.S. image abroad mission forward. zations to create a database where should be is not sustainable or effec- f Americans can learn of opportunities tive. Talking with people, and listening SENATE RESOLUTION 105—DESIG- to become involved in world affairs. to them, however, can be the start of NATING APRIL 15, 2005, AS NA- Furthermore, it encourages all Mem- real understanding and even trust. TIONAL YOUTH SERVICE DAY, bers of Congress to work to raise the That conversation needs to happen at a AND FOR OTHER PURPOSES importance of citizen diplomacy in governmental level, through public and their states and districts. private diplomacy, but it also needs to Ms. MURKOWSKI (for herself, Mr. Americans must make a serious in- happen at an individual person-to-per- AKAKA, Mr. ALLEN, Mr. BAYH, Mr. vestment in reaching across borders son level, through citizen diplomacy. BINGAMAN, Mrs. BOXER, Mrs. CLINTON, and reversing the tide of increasing I have met with a number of groups Mr. COCHRAN, Mr. COLEMAN, Ms. COL- anti-American sentiments abroad. Ac- from my State of Wisconsin that tell LINS, Mr. CONRAD, Mr. CORNYN, Mr. cording to a 2003 Pew Research Center me they are concerned about CRAIG, Mr. DEWINE, Mr. DODD, Mr. survey, during 1999–2000, more than 50 misperceptions of America abroad, DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. percent of the people in surveyed coun- which they believe discourage people FEINGOLD, Mrs. FEINSTEIN, Mr. GREGG, tries held a favorable view of the U.S., from coming to the U.S. to visit, study, Mr. HAGEL, Mr. ISAKSON, Mr. JOHNSON, and in at least one country, favorable learn about our wonderful country, and Mr. KERRY, Ms. LANDRIEU, Mr. views of the U.S. were held by over 80 share their knowledge. I am so proud of LIEBERMAN, Mr. LEVIN, Mr. LOTT, Mr. percent of those surveyed. More recent the work people back in Wisconsin MARTINEZ, Ms. MIKULSKI, Mrs. MURRAY, surveys reveal a stark contrast with have done to overcome barriers to en- Mr. NELSON of Nebraska, Mr. REED, Mr. those figures and growing anti-Amer- gaging outside our borders, whether by SALAZAR, Mr. SANTORUM, Mr. SCHUMER, ican sentiment. Pew found that, by continuing Wisconsin’s strong history Mr. SESSIONS, Ms. SNOWE, Mr. SPECTER, 2003, favorable views of the United of support for the Peace Corps, or by Ms. STABENOW, Mr. STEVENS, Mr. States in these countries plummeted. taking part in farmer to farmer initia- THUNE, and Mr. BUNNING) submitted Additionally, whereas negative public tives and education exchange pro- the following resolution; which was opinion of the U.S. among Muslims was grams, building sister communities, or considered and agreed to: once limited to the Middle East, now it tirelessly working to ensure that Wis- S. RES. 105 has spread to populations in places like consin maintains its success in attract- Whereas National Youth Service Day is an Nigeria and Indonesia. Pew found that ing foreign visitors to our remarkable annual public awareness and education cam- ‘‘the bottom has fallen out of Arab and state. In 2004, Wisconsin was awarded paign that highlights the valuable contribu- Muslim support for the United States.’’ the Goldman Sachs Foundation Prizes tions that young people make to their com- While these sentiments are most no- for Excellence in International Edu- munities throughout the year; table in the Muslim world, they extend cation in honor of its work to bring Whereas the goals of National Youth Serv- ice Day are to mobilize youth as leaders in even farther, coloring the views of international education and skills into identifying and addressing the needs of their many others. its curriculum. In fact, earlier this communities through service and service- Growing anti-American sentiment year, Wisconsin welcomed a group of learning, to support youth on a lifelong path abroad is dangerous and breeds teachers from Azerbaijan to study the of service and civic engagement, and to edu- misperceptions in future generations. workings of our education system to cate the public, the media, and policymakers Our ability to work with allies to fos- create a model for a new curriculum in about the year-round contributions of young ter democratic societies and tackle their country. people as community leaders; global problems relates directly to our Wisconsin also works to improve Whereas young people in the United image abroad. Building an inter- communities abroad. A non-profit or- States, and in many other countries, are vol- unteering more than in any generation in national coalition with our allies re- ganization based in Wisconsin helps history; quires their trust that our efforts are abused children in Latvia and is work- Whereas young people should be viewed as genuine. Success in combating ter- ing to create the first family shelter the hope not only of the future, but also of rorism, the greatest global threat, is there for these children and their today, and should be valued for the idealism,

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.061 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3493 energy, creativity, and commitment they SENATE CONCURRENT RESOLU- minded of the valiant efforts of those bring to the challenges found in their com- TION 26—HONORING AND MEMO- who saved lives, including the pas- munities; RIALIZING THE PASSENGERS sengers and crew of United Airlines Whereas there is a fundamental and con- AND CREW OF UNITED AIRLINES flight 93. Those brave people gave up clusive correlation between youth service FLIGHT 93 their lives in order to save others that and lifelong adult volunteering and philan- Mr. CONRAD (for himself, Mr. fateful day. thropy; Last fall, the 9/11 Commission re- Whereas through community service, SANTORUM, Mr. ALLARD, Mr. BAYH, Mr. leased its report about the series of young people build character and learn valu- BINGAMAN, Mrs. BOXER, Mr. CARPER, events that took place on September able skills, including time management, Mrs. CLINTON, Mr. COBURN, Mr. COCH- 11, 2001. The Senate has subsequently teamwork, needs-assessment, and leadership, RAN, Mr. CORZINE, Mr. DORGAN, Mr. undertaken an evaluation of the Com- that are sought by employers; DURBIN, Mr. ENSIGN, Mrs. FEINSTEIN, mission’s findings through a series of Whereas service-learning, an innovative Mr. ISAKSON, Mr. JEFFORDS, Mr. JOHN- hearings. As the story continues to un- teaching method combining service to the SON, Ms. LANDRIEU, Mr. LEAHY, Ms. MI- fold, it becomes clearer how important community with curriculum-based learning, KULSKI, Mr. ROCKEFELLER, Mr. is a proven strategy to increase academic the actions of the passengers and crew SALAZAR, Mr. SCHUMER, Mr. SPECTER, achievement and strengthens civic engage- of flight 93 were. We now know that and Mr. STEVENS) submitted the fol- ment and civic responsibility; lowing concurrent resolution; which flight 93 was almost certainly headed Whereas several private foundations and to the U.S. Capitol or the White House. corporations in the United States support was referred to the Committee on Rules and Administration: We also know the passengers of flight service-learning because they understand 93 learned through a series of phone S. CON. RES. 26 that strong communities begin with strong calls to loved ones that hijackers on schools and a community investment in the Whereas on September 11, 2001, acts of war three other flights had turned air- lives and futures of youth; involving the hijacking of commercial air- Whereas a sustained investment by the planes were committed against the United planes into flying bombs that morning, Federal Government, business partners, States, killing and injuring thousands of in- crashing them into the World Trade schools, and communities fuels the positive, nocent people; Center and the Pentagon. long-term cultural change that will make Whereas 1 of the hijacked planes, United Armed only with that knowledge and service and service-learning the common ex- Airlines Flight 93, crashed in a field in Penn- their own courage and resolve, those pectation and the common experience of all sylvania; brave passengers attacked the hijack- young people; Whereas while Flight 93 was still in the ers and forced them to crash flight 93 Whereas National Youth Service Day, a air, the passengers and crew, through cel- into rural Pennsylvania far short of its program of Youth Service America, is the lular phone conversations with loved ones on intended target. The 9/11 Commission the ground, learned that other hijacked air- largest service event in the world and is planes had been used to attack the United concluded that the Nation owes a debt being observed for the 17th consecutive year States; to the passengers of flight 93. Their ac- in 2005; Whereas during those phone conversations, tions saved the lives of countless oth- Whereas National Youth Service Day, with several of the passengers indicated that ers and may have saved either the U.S. the support of 50 lead agencies, hundreds of there was an agreement among the pas- Capitol or the White House from de- grant winners, and thousands of local part- sengers and crew to try to overpower the hi- struction. Those of us who work here in ners, engages millions of young people na- jackers who had taken over Flight 93; tionwide; the Capitol owe a special debt of grati- Whereas Congress established the National tude to those heroes. Their actions Whereas National Youth Service Day will Commission on Terrorist Attacks Upon the involve 114 national partners, including 8 United States (commonly referred to as ‘‘the saved one of the greatest symbols of Federal agencies and 10 organizations that 9–11 Commission’’) to study the September our democracy. are offering grants to support National 11, 2001, attacks and how they occurred; Today I am resubmitting a resolution Youth Service Day; Whereas the 9–11 Commission concluded honoring and memorializing the pas- Whereas National Youth Service Day has that ‘‘the nation owes a debt to the pas- sengers and crew of United Airlines inspired Global Youth Service Day, which sengers of Flight 93. Their actions saved the flight 93. This legislation expresses our occurs concurrently in over 120 countries and lives of countless others, and may have saved deepest respect and gratitude to them, is now in its sixth year; and either the U.S. Capitol or the White House as well as condolences to their families Whereas young people will benefit greatly from destruction.’’; and Whereas the crash of Flight 93 resulted in and friends. This bill also calls for an from expanded opportunities to engage in appropriate memorial to be placed in meaningful volunteer service and service- the death of everyone on board: Now, there- fore, be it the Capitol by the bicameral, bipar- learning: Now, therefore, be it Resolved by the Senate (the House of Rep- tisan leaders of Congress. Resolved, resentatives concurring), That— Today I bow my head in memory of (1) the United States owes the passengers SECTION 1. RECOGNITION AND ENCOURAGE- those who died at the World Trade Cen- MENT OF YOUTH COMMUNITY SERV- and crew of United Airlines Flight 93 deep re- ter and the Pentagon. I also pay re- ICE. spect and gratitude for their decisive actions spect to our first responders, volun- and efforts of bravery; teers, and average citizens who risked The Senate recognizes and commends the (2) the United States extends its condo- significant contributions of American youth lences to the families and friends of the pas- their lives to save others on that day. and encourages the cultivation of a common sengers and crew of Flight 93; Finally, I pay homage to the pas- civic bond among young people dedicated to (3) not later than October 1, 2006, the sengers and crew of flight 93 for taking serving their neighbors, their communities, Speaker of the House of Representatives, the on those who wished to harm our coun- and the Nation. minority leader of the House of Representa- try and Nation’s Capitol. I believe it is tives, the majority leader of the Senate, and appropriate at this time to acknowl- SEC. 2. NATIONAL YOUTH SERVICE DAY. the minority leader of the Senate shall se- edge the actions of the passengers of The Senate— lect an appropriate memorial that shall be flight 93 for showing such remarkable (1) designates April 15, 2005, as ‘‘National located in the United States Capitol and that shall honor the passengers and crew of heroism and to commemorate them in Youth Service Day’’; and Flight 93, who saved the United States Cap- the very walls that might have crum- (2) calls on the people of the United States itol from destruction; and bled had they not made that ultimate to— (4) the memorial shall state the purpose of sacrifice. We are forever indebted to (A) observe the day by encouraging and en- the honor and the names of the passengers them and should never forget their gaging youth to participate in civic and com- and crew of Flight 93 on whom the honor is bravery or sacrifice or that of their munity service projects; bestowed. (B) recognize the volunteer efforts of our loved ones. Nation’s young people throughout the year; Mr. CONRAD. Mr. President, I rise The Senate unanimously passed an and today to submit a concurrent resolu- identical resolution last October 11, (C) support these efforts and engage youth tion to honor the memory of the pas- within a month of its introduction, but in meaningful decision making opportunities sengers on flight 93. As we reflect on it did not pass the House of Represent- today as an investment in the future of our the events of 9/11 and mourn the great atives before the adjournment of the Nation. loss we suffered, we remember the in- 108th Congress. The bipartisan legisla- nocent who perished and we are re- tion I am reintroducing today has the

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.055 S12PT1 S3494 CONGRESSIONAL RECORD — SENATE April 12, 2005 support of 25 of my colleagues, includ- ‘‘thank you’’ for the strength and posed by him to the bill H.R. 1268, supra; ing Senator SANTORUM from Pennsyl- strong resolve they showed in the face which was ordered to lie on the table. vania, who has joined me in leading of destructive, cowardly acts. SA 350. Mr. KENNEDY submitted an this effort. I am also happy to report I hope that all of my colleagues will amendment intended to be proposed by him to the bill H.R. 1268, supra; which was or- that Congressman SHUSTER of Pennsyl- join with Senator CONRAD and me in dered to lie on the table. vania will also be introducing com- this bipartisan effort to honor the crew SA 351. Mr. SALAZAR submitted an panion legislation today. and passengers on flight 93 for what amendment intended to be proposed by him I hope all my colleagues will join me they did on that infamous day in to the bill H.R. 1268, supra; which was or- in sponsoring this resolution. I hope on America’s history. May their selfless dered to lie on the table. a broad bipartisan basis we are able to actions, taken for us and the American SA 352. Mr. SALAZAR (for himself and Mr. recognize those brave passengers and people, never be forgotten. ALLARD) submitted an amendment intended crew of flight 93 for what they did on to be proposed by him to the bill H.R. 1268, f supra; which was ordered to lie on the table. that remarkable day. SA 353. Mr. LEVIN submitted an amend- Mr. SANTORUM. Mr. President, I AMENDMENTS SUBMITTED AND PROPOSED ment intended to be proposed by him to the rise today with Senator CONRAD as a bill H.R. 1268, supra; which was ordered to lie proud cosponsor of a resolution which SA 338. Ms. SNOWE (for herself, Mr. on the table. recognizes the immense bravery of the KERRY, Mr. LIEBERMAN, Ms. CANTWELL, Mr. SA 354. Mr. GRAHAM submitted an amend- crew and passengers on flight 93. Over BAYH, and Mr. PRYOR) submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by her to the 31⁄2 years have passed since September bill H.R. 1268, supra; which was ordered to lie bill H.R. 1268, Making emergency supple- on the table. 11, 2001, but we, the American people, mental appropriations for the fiscal year have not forgotten the bravery and SA 355. Mr. MARTINEZ submitted an ending September 30, 2005, to establish and amendment intended to be proposed by him selflessness that was shown by our fel- rapidly implement regulations for State to the bill H.R. 1268, supra; which was or- low citizens on that day. driver’s license and identification document dered to lie on the table. During the 108th Congress, the 9/11 security standards, to prevent terrorists SA 356. Mr. DURBIN (for himself, Ms. MI- Commission investigated the events from abusing the asylum laws of the United KULSKI, Mr. ALLEN, and Mr. CORZINE) pro- that took place on September 11, 2001, States, to unify terrorism-related grounds posed an amendment to the bill H.R. 1268, including flight 93’s crash in Somerset for inadmissibility and removal, to ensure supra. expeditious construction of the San Diego f County, PA. As a result of a series of border fence, and for other purposes; which Senate hearings held to evaluate and was ordered to lie on the table. TEXT OF AMENDMENTS gain a clearer understanding of the 9/11 SA 339. Mr. DEWINE (for himself, Mr. DUR- Commission’s findings, the actions of BIN, Mr. ALLEN, and Mr. COLEMAN) submitted SA 338. Ms. SNOWE (for herself, Mr. flight 93’s passengers and crew have be- an amendment intended to be proposed by KERRY, Mr. LIEBERMAN, Ms. CANTWELL, come increasingly evident. We know him to the bill H.R. 1268, supra; which was Mr. BAYH, and Mr. PRYOR) submitted with near certainty now that the ter- ordered to lie on the table. an amendment intended to be proposed rorists had plans of causing severe de- SA 340. Mr. DEWINE (for himself, Mr. DUR- by her to the bill H.R. 1268, making BIN, and Mr. COLEMAN) submitted an amend- struction to either the White House or emergency supplemental appropria- ment intended to be proposed by him to the tions for the fiscal year ending Sep- the Capitol Building. bill H.R. 1268, supra; which was ordered to lie Having realized through phone calls on the table. tember 30, 2005, to establish and rapidly to loved ones that three other planes SA 341. Mr. DEWINE (for himself, Mr. DUR- implement regulations for State driv- had already been crashed that morning BIN, and Mr. COLEMAN) submitted an amend- er’s license and identification docu- by terrorists, the passengers on flight ment intended to be proposed by him to the ment security standards, to prevent 93 acted quickly and collaboratively to bill H.R. 1268, supra; which was ordered to lie terrorists from abusing the asylum overtake the hijackers and force them on the table. laws of the United States, to unify ter- SA 342. Mr. DEWINE (for himself, Mr. to crash the plane into a rural part of rorism-related grounds for inadmis- BINGAMAN, Mr. COLEMAN, Mr. NELSON of Flor- sibility and removal to ensure expedi- Pennsylvania, keeping the plane’s in- ida, Mr. MARTINEZ, Mr. CORZINE, Mrs. DOLE, tended target safe from harm. Mr. DODD, and Mr. CHAFEE) submitted an tious construction of the San Diego As a result of the 9/11 Commission’s amendment intended to be proposed by him border fence, and for other purposes; findings, we conclude that America is to the bill H.R. 1268, supra; which was or- which was ordered to lie on the table; indebted to the heroic actions of those dered to lie on the table. as follows: on flight 93, who showed great bravery SA 343. Mr. PRYOR submitted an amend- On page 214, strike lines 5 through 19. ment intended to be proposed by him to the so that many other lives could be bill H.R. 1268, supra; which was ordered to lie SA 339. Mr. DEWINE (for himself, Mr. spared from ruin. on the table. We who work here in the Capitol are SA 344. Mrs. MURRAY (for herself, Mr. DURBIN, Mr. ALLEN, and Mr. COLEMAN) particularly indebted to those on board AKAKA, Mr. BYRD, Mrs. BOXER, Mr. BINGA- submitted an amendment intended to flight 93. In addition to saving the lives MAN, Mr. ROCKEFELLER, Ms. MIKULSKI, Mr. be proposed by him to the bill H.R. of thousands, the passengers on flight JEFFORDS, Mr. SALAZAR, Mr. DAYTON, Mr. 1268, making emergency supplemental 93 ensured the preservation of one of SCHUMER, Mr. JOHNSON, Mr. CORZINE, Mrs. appropriations for the fiscal year end- the greatest symbols of America’s free- LINCOLN, Ms. LANDRIEU, Mr. DORGAN, and Mr. ing September 30, 2005, to establish and BIDEN) proposed an amendment to the bill dom and democracy. rapidly implement regulations for H.R. 1268, supra. State driver’s license and identifica- In an effort to recognize and honor SA 345. Mr. LEVIN submitted an amend- the heroes on flight 93, I am proud to ment intended to be proposed by him to the tion document security standards, to submit this resolution with Senator bill H.R. 1268, supra; which was ordered to lie prevent terrorists from abusing the CONRAD. This resolution is an expres- on the table. asylum laws of the United States, to sion of our deep gratitude for what SA 346. Mr. CORZINE (for himself and Mr. unify terrorism-related grounds for in- those on flight 93 did for each of us BROWNBACK) submitted an amendment in- admissibility and removal to ensure here in our Nation’s Capital, as well as tended to be proposed by him to the bill H.R. expeditious construction of the San 1268, supra; which was ordered to lie on the Diego border fence, and for other pur- an expression of sorrow and condolence table. to their families and friends. Addition- SA 347. Mr. CORZINE (for himself, Mr. poses; which was ordered to lie on the ally, this resolution provides for a DEWINE, Mr. BROWNBACK, Mr. DURBIN, and table; as follows: place in the Capitol Building to be me- Mr. LEAHY) submitted an amendment in- On page 159, strike line 6 and all that fol- morialized in the name of the crew and tended to be proposed by him to the bill H.R. lows through page 160, line 22, and insert the passengers of flight 93, with a remem- 1268, supra; which was ordered to lie on the following: brance plaque placed at the location. table. SEC. 1112. (a) INCREASE IN DEATH GRA- This day presents an opportunity to SA 348. Mr. TALENT submitted an amend- TUITY.— ment intended to be proposed by him to the (1) AMOUNT.—Section 1478(a) of title 10, remember all of those who died on Sep- bill H.R. 1268, supra; which was ordered to lie United States Code, is amended by striking tember 11, 2001. Additionally, our vol- on the table. ‘‘$12,000’’ and inserting ‘‘$100,000’’. unteers, first responders, and the SA 349. Mr. NELSON, of Nebraska sub- (2) EFFECTIVE DATE.—The amendments American people deserve a heartfelt mitted an amendment intended to be pro- made by this subsection shall take effect on

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.070 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3495 October 7, 2001, and shall apply with respect ‘‘(ii) The date on which the child attains 23 tive health activities, in addition to funds to deaths occurring on or after that date. years of age. otherwise available for such purposes, (3) NO ADJUSTMENT FOR INCREASES IN BASIC ‘‘(3) For the purposes of paragraph (2)(C), a $10,000,000, to remain available until ex- PAY BEFORE DATE OF ENACTMENT.—No adjust- child shall be treated as being enrolled in a pended: Provided, That the amount provided ment shall be made under subsection (c) of full-time course of study in an institution of under this heading is designated as an emer- section 1478 of title 10, United States Code, higher education during any reasonable pe- gency requirement pursuant to section 402 of with respect to the amount in force under riod of transition between the child’s com- the conference report to accompany S. Con. subsection (a) of that section, as amended by pletion of a full-time course of study in a Res. 95 (108th Congress). paragraph (1), for any period before the date secondary school and the commencement of ASSISTANCE TO HAITI of the enactment of this Act. an enrollment in a full-time course of study SEC. 2105. (a)(1) The total amount appro- (4) PAYMENT FOR DEATHS BEFORE DATE OF in an institution of higher education, as de- priated by this chapter under the heading ENACTMENT.—Any additional amount payable termined by the administering Secretary. ‘‘ECONOMIC SUPPORT FUND’’ is increased by as a death gratuity under this subsection for ‘‘(4) No charge may be imposed for any $21,000,000. Of the total amount appropriated the death of a member of the Armed Forces benefits coverage under this chapter that is under that heading, $21,000,000 shall be avail- before the date of the enactment of this Act provided for a child for a period of continued able for necessary expenses to provide assist- shall be paid to the eligible survivor of the eligibility under paragraph (2), or for any ance to Haiti. member previously paid a death gratuity benefits provided to such child during such (2) Of the funds made available under para- under section 1478 of title 10, United States period under that coverage.’’. graph (1), up to $10,000,000 may be made Code, for the death of the member. If pay- (b) EFFECTIVE DATE.—The amendments available for election assistance in Haiti. ment cannot be made to such survivor, pay- made by this section shall take effect as of (3) Of the funds made available under para- ment of such amount shall be made to living October 1, 2001, and shall apply with respect graph (1), up to $10,000,000 may be made survivor of the member otherwise highest on to deaths occurring on or after such date. the list under 1477(a) of title 10, United available for public works programs in Haiti. (4) Of the funds made available under para- States Code. Mr. DEWINE (for himself, Mr. SA 341. graph (1), up to $1,000,000 may be made avail- On page 161, line 23, strike ‘‘$238,000’’ and DURBIN, and Mr. COLEMAN) submitted insert ‘‘$150,000’’. able for administration of justice programs an amendment intended to be proposed in Haiti. SA 340. Mr. DEWINE (for himself, Mr. by him to the bill H.R. 1268, making (5) The amount made available under para- DURBIN, and Mr. COLEMAN) submitted emergency supplemental appropria- graph (1) is designated as an emergency re- an amendment intended to be proposed tions for the fiscal year ending Sep- quirement pursuant to section 402 of the con- by him to the bill H.R. 1268, making tember 30, 2005, to establish and rapidly ference report to accompany S. Con. Res. 95 implement regulations for State driv- (108th Congress). emergency supplemental appropria- (b)(1) The total amount appropriated by tions for the fiscal year ending Sep- er’s license and identification docu- this chapter under the heading ‘‘INTER- tember 30, 2005, to establish and rapidly ment security standards, to prevent NATIONAL NARCOTICS CONTROL AND LAW EN- implement regulations for State driv- terrorists from abusing the asylum FORCEMENT’’ is increased by $10,000,000. Of er’s license and identification docu- laws of the United States, to unify ter- the total amount appropriated under that ment security standards, to prevent rorism-related grounds for inadmis- heading, $10,000,000 shall be available for nec- terrorists from abusing the asylum sibility and removal to ensure expedi- essary expenses to provide assistance to laws of the United States, to unify ter- tious construction of the San Diego Haiti. rorism-related grounds for inadmis- border fence, and for other purposes; (2) Of the funds made available under para- graph (1), up to $5,000,000 may be made avail- sibility and removal to ensure expedi- which was ordered to lie on the table; able for training and equipping the Haitian tious construction of the San Diego as follows: National Police. border fence, and for other purposes; At the appropriate place, insert the fol- (3) Of the funds made available under para- which was ordered to lie on the table; lowing: graph (1), up to $5,000,000 may be made avail- as follows: SEC. ll. EXPANSION OF AUTHORIZED USES OF able to provide additional United States ci- At the appropriate place, insert the fol- EDUCATIONAL ASSISTANCE UNDER vilian police in support of the United Na- lowing: THE SURVIVORS’ AND DEPENDENTS’ tions Stabilization Mission in Haiti. EDUCATIONAL ASSISTANCE PRO- SEC. ll. INCREASED PERIOD OF CONTINUED (4) The amount made available under para- GRAM. TRICARE COVERAGE OF CHILDREN graph (1) is designated as an emergency re- OF MEMBERS OF THE UNIFORMED Section 3531(a) of title 38, United States quirement pursuant to section 402 of the con- SERVICES WHO DIE WHILE SERVING Code, is amended by inserting ‘‘room, ference report to accompany S. Con. Res. 95 ON ACTIVE DUTY FOR A PERIOD OF board,’’ after ‘‘equipment,’’. (108th Congress). MORE THAN 30 DAYS. (a) PERIOD OF ELIGIBILITY.—Section 1079(g) SA 342. Mr. DEWINE (for himself, Mr. SA 343. Mr. PRYOR submitted an of title 10, United States Code, is amended— BINGAMAN, Mr. COLEMAN, Mr. NELSON of (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and amendment intended to be proposed by Florida, Mr. MARTINEZ, Mr. CORZINE, (2) by striking the second sentence and in- him to the bill H.R. 1268, making emer- Mrs. DOLE, Mr. DODD, and Mr. CHAFEE) serting the following: gency supplemental appropriations for ‘‘(2) In addition to any continuation of eli- submitted an amendment intended to the fiscal year ending September 30, gibility for benefits under paragraph (1), be proposed by him to the bill H.R. 2005, to establish and rapidly imple- when a member dies while on active duty for 1268, making emergency supplemental ment regulations for State driver’s li- a period of more than 30 days, the member’s appropriations for the fiscal year end- cense and identification document se- dependents who are receiving benefits under ing September 30, 2005, to establish and curity standards, to prevent terrorists a plan covered by subsection (a) shall con- rapidly implement regulations for tinue to be eligible for such benefits during from abusing the asylum laws of the the three-year period beginning on the date State driver’s license and identifica- United States, to unify terrorism-re- of the member’s death, except that, in the tion document security standards, to lated grounds for inadmissibility and case of such a dependent who is a child of the prevent terrorists from abusing the removal, to ensure expeditious con- deceased, the period of continued eligibility asylum laws of the United States, to struction of the San Diego border shall be the longer of the following periods unify terrorism-related grounds for in- fence, and for other purposes; which beginning on such date: admissibility and removal, to ensure ‘‘(A) Three years. was ordered to lie on the table; as fol- ‘‘(B) The period ending on the date on expeditious construction of the San lows: which the child attains 21 years of age. Diego border fence, and for other pur- On page 231, between lines 3 and 4, insert ‘‘(C) In the case of a child of the deceased poses; which was ordered to lie on the the following: who, at 21 years of age, is enrolled in a full- table; as follows: SEC. 6047. The United States releases to the time course of study in a secondary school or On page 183, after line 23, add the fol- State of Arkansas the reversionary interest in a full-time course of study in an institu- lowing: described in sections 2 and 3 of the Act enti- tion of higher education approved by the ad- FUNDS APPROPRIATED TO THE PRESIDENT tled ‘‘An Act authorizing the transfer of part ministering Secretary and was, at the time of Camp Joseph T. Robinson to the State of of the member’s death, in fact dependent on UNITED STATES AGENCY FOR INTERNATIONAL Arkansas’’, approved June 30, 1950 (64 Stat. the member for over one-half of the child’s DEVELOPMENT 311, chapter 429), in and to the surface estate support, the period ending on the earlier of CHILD SURVIVAL AND HEALTH PROGRAMS FUND of the land constituting Camp Joseph T. the following dates: For necessary expenses to provide assist- Robinson, Arkansas, which lies east of the ‘‘(i) The date on which the child ceases to ance to Haiti under chapter 1 of part I of the Batesville Pike county road, in sections 24, pursue such a course of study, as determined Foreign Assistance Act of 1961, for child sur- 25, and 36, township 3 north, range 12 west, by the administering Secretary. vival, health, and family planning/reproduc- Pulaski County, Arkansas.

VerDate Aug 04 2004 01:43 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.058 S12PT1 S3496 CONGRESSIONAL RECORD — SENATE April 12, 2005 SA 344. Mrs MURRAY (for herself, United States, to unify terrorism-re- SEC. 7003. FINDINGS. Mr. AKAKA, Mr. BYRD, Mrs. BOXER, Mr. lated grounds for inadmissibility and Congress makes the following findings: BINGAMAN, Mr. ROCKEFELLER, Ms. MI- removal, to ensure expeditious con- (1) On July 22, 2004, the House of Rep- KULSKI, Mr. JEFFORDS, Mr. SALAZAR, struction of the San Diego border resentatives and the Senate declared that Mr. DAYTON, Mr. SCHUMER, Mr. JOHN- fence, and for other purposes; which the atrocities occurring in Darfur, Sudan are genocide. SON, Mr. CORZINE, Mrs. LINCOLN, Ms. was ordered to lie on the table; as fol- (2) On September 9, 2004, Secretary of State LANDRIEU, Mr. DORGAN, and Mr. BIDEN) lows: Colin L. Powell stated before the Committee proposed an amendment to the bill At the appropriate place, insert the fol- on Foreign Relations of the Senate, ‘‘[w]hen H.R. 1268, making emergency supple- lowing: we reviewed the evidence compiled by our mental appropriations for the fiscal SEC. ll. The Secretary of Labor shall team, along with other information avail- convey to the State of Michigan, for no con- able to the State Department, we concluded year ending September 30, 2005, to es- sideration, all right, title, and interest of the that genocide has been committed in Darfur tablish and rapidly implement regula- United States in and to the real property and that the Government of Sudan and the tions for State driver’s license and known as the ‘‘Detroit Labor Building’’ and [Janjaweed] bear responsibility—and geno- identification document security located at 7310 Woodward Avenue, Detroit, cide may still be occurring’’. Michigan, to the extent the right, title, or standards, to prevent terrorists from (3) President George W. Bush, in an address interest was acquired through a grant to the abusing the asylum laws of the United before the United Nations General Assembly State of Michigan under title III of the So- States, to unify terrorism-related on September 21, 2004, stated, ‘‘[a]t this hour, cial Security Act (42 U.S.C. 501 et seq.) or the grounds for inadmissibility and re- the world is witnessing terrible suffering and Wagner-Peyser Act (29 U.S.C. 49 et seq.) or horrible crimes in the Darfur region of moval to ensure expeditious construc- using funds distributed to the State of Sudan, crimes my government has concluded tion of the San Diego border fence, and Michigan under section 903 of the Social Se- are genocide’’. for other purposes; as follows: curity Act (42 U.S.C. 1103). (4) On July 30, 2004, the United Nations Se- On page 188, after line 20, add the fol- SA 346. Mr. CORZINE (for himself curity Council passed Security Council Reso- lowing: lution 1556, calling upon the Government of and Mr. BROWNBACK) submitted an CHAPTER 5 Sudan to disarm the Janjaweed militias and amendment intended to be proposed by DEPARTMENT OF VETERANS AFFAIRS to apprehend and bring to justice Janjaweed him to the bill H.R. 1268, making emer- VETERANS HEALTH ADMINISTRATION leaders and their associates who have incited gency supplemental appropriations for and carried out violations of human rights MEDICAL SERVICES the fiscal year ending September 30, and international humanitarian law and car- For necessary expenses for furnishing, as 2005, to establish and rapidly imple- ried out other atrocities in the Darfur re- authorized by law, outpatient and inpatient ment regulations for State driver’s li- gion. care and treatment to beneficiaries of the cense and identification document se- (5) On September 18, 2004, the United Na- Department of Veterans Affairs and veterans curity standards, to prevent terrorists tions Security Council passed Security Coun- as described in paragraphs (1) through (8) of cil Resolution 1564, determining that the section 1705(a) of title 38, United States from abusing the asylum laws of the Government of Sudan had failed to meet its Code, including care and treatment in facili- United States, to unify terrorism-re- obligations under Security Council Resolu- ties not under the jurisdiction of the depart- lated grounds for inadmissibility and tion 1556, calling for a military flight ban in ment and including medical supplies and removal, to ensure expeditious con- and over the Darfur region, demanding the equipment and salaries and expenses of struction of the San Diego border names of Janjaweed militiamen disarmed health-care employees hired under title 38, fence, and for other purposes; which and arrested for verification, establishing an United States Code, and to aid State homes was ordered to lie on the table; as fol- International Commission of Inquiry into as authorized under section 1741 of title 38, lows: violations of international humanitarian and United States Code; $1,975,183,000 plus reim- human rights laws, and threatening sanc- bursements: Provided, That of the amount On page 231, between lines 3 and 4, insert tions should the Government of Sudan fail to under this heading, $610,183,000 shall be avail- the following: fully comply with Security Council Resolu- able to address the needs of servicemembers TITLE VII—ACCOUNTABILITY IN DARFUR tions 1556 and 1564. deployed for Operation Iraqi Freedom and SECTION 7001. SHORT TITLE. (6) United Nations Security Council Reso- Operation Enduring Freedom; Provided fur- This title may be cited as the ‘‘Darfur Ac- lution 1564 declares that if the Government ther, That of the amount under this heading, countability Act of 2005’’. of Sudan ‘‘fails to comply fully’’ with Secu- $840,000,000 shall be available, in equal SEC. 7002. DEFINITIONS. rity Council Resolutions 1556 and 1564, the amounts of $40,000,000, for each Veterans In- In this title: Security Council shall consider taking ‘‘ad- tegrated Service Network (VISN) to meet (1) APPROPRIATE CONGRESSIONAL COMMIT- ditional measures’’ against the Government current and pending care and treatment re- TEES.—The term ‘appropriate congressional of Sudan ‘‘as contemplated in Article 41 of quirements: Provided further, That of the committees’ means the Committee on For- the Charter of the United Nations, such as amount under this heading, $525,000,000 shall eign Relations of the Senate and the Com- actions to affect Sudan’s petroleum sector or be available for mental health care and mittee on International Relations of the individual members of the Government of treatment, including increased funding for House of Representatives. Sudan, in order to take effective action to centers for the provision of readjustment (2) GOVERNMENT OF SUDAN.—The term obtain such full compliance and coopera- counseling and related mental health serv- ‘‘Government of Sudan’’ means the National tion’’. ices under section 1712A of title 38, United Congress Party-led government in Khar- (7) United Nations Security Council Reso- States Code (commonly referred to as ‘‘Vet toum, Sudan, or any successor government lution 1564 also ‘‘welcomes and supports the Centers’’), increased funding for post trau- formed on or after the date of the enactment intention of the African Union to enhance matic stress disorder (PTSD) programs, of this title. and augment its monitoring mission in funding for the provision of primary care (3) MEMBER STATES.—The term ‘‘member Darfur’’ and ‘‘urges member states to sup- consultations for mental health, funding for states’’ means the member states of the port the African Union in these efforts, in- the provision of mental health counseling in United Nations. cluding by providing all equipment, Community Based Outreach Centers (4) SUDAN NORTH-SOUTH PEACE AGREE- logistical, financial, material, and other re- (CBOCs), and funding to facilitate the provi- MENT.—The term ‘‘Sudan North-South Peace sources necessary to support the rapid ex- sion of mental health services by Depart- Agreement’’ means the comprehensive peace pansion of the African Union Mission’’. ment of Veterans Affairs facilities that do agreement signed by the Government of (8) On February 1, 2005, the United Nations not currently provide such services: Provided Sudan and the Sudan People’s Liberation released the Report of the International further, That the amount under this heading Army/Movement on January 9, 2005. Commission of Inquiry on Darfur to the shall remain available until expended. (5) THOSE NAMED BY THE UN COMMISSION OF United Nations Secretary-General, dated INQUIRY.—The term ‘‘those named by the UN January 25, 2005, which stated that, SA 345. Mr. LEVIN submitted an Commission of Inquiry’’ means those indi- ‘‘[g]overnment forces and militias conducted amendment intended to be proposed by viduals whose names appear in the sealed file indiscriminate attacks, including killing of him to the bill H.R. 1268, making emer- delivered to the Secretary-General of the civilians, torture, enforced disappearances, gency supplemental appropriations for United Nations by the International Com- destruction of villages, rape and other forms the fiscal year ending September 30, mission of Inquiry on Darfur to the United of sexual violence, pillaging and forced dis- 2005, to establish and rapidly imple- Nations Security Council. placement throughout Darfur’’, that such (6) UN COMMITTEE.—The term ‘‘UN Com- ‘‘acts were conducted on a widespread and ment regulations for State driver’s li- mittee’’ means the Committee of the Secu- systematic basis, and therefore may amount cense and identification document se- rity Council established in United Nations to crimes against humanity’’, and that the curity standards, to prevent terrorists Security Council Resolution 1591 (29 March ‘‘magnitude and large-scale nature of some from abusing the asylum laws of the 2005); paragraph 3. crimes against humanity as well as their

VerDate Aug 04 2004 02:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.059 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3497 consistency over a long period of time, nec- rying out, responsible for, or otherwise in- (C) family members of any person de- essarily imply that these crimes result from volved in genocide, war crimes, or crimes scribed in subparagraphs (A) or (B); and a central planning operation’’. against humanity in Darfur, along with evi- (D) any associates of any such person to (9) The Report of the International Com- dence supporting such belief so that the Se- whom assets or property of such person were mission of Inquiry on Darfur to the United curity Council may consider imposing sanc- transferred on or after July 1, 2002; Nations Secretary-General notes that, pursu- tions pursuant to United Nations Security (4) the United States should not provide as- ant to its mandate and in the course of its Council Resolution 1591; sistance to the Government of Sudan, other work, the UN Commission collected informa- (C) imposes additional sanctions or addi- than assistance necessary for the implemen- tion relating to individual perpetrators of tional measures against the Government of tation of the Sudan North-South Peace acts constituting ‘‘violations of inter- Sudan, including sanctions that will affect Agreement, the support of the southern re- national human rights law and international the petroleum sector in Sudan, individual gional government in Sudan, or for humani- humanitarian law, including crimes against members of the Government of Sudan, and tarian purposes in Sudan, unless the Presi- humanity and war crimes’’ and that the UN entities controlled or owned by officials of dent certifies and reports to Congress that— Commission has delivered to the Secretary- the government of Sudan or the National (A) humanitarian organizations are being General of the United Nations a sealed file of Congress Party in Sudan, that will remain in granted full, unimpeded access to Darfur and those named by the UN Commission with the effect until such time as— the Government of Sudan is providing full recommendation that the ‘‘file be handed (i) humanitarian organizations are granted cooperation with humanitarian efforts; over to a competent Prosecutor’’. full, unimpeded access to Darfur; (B) concrete, sustained steps are being (10) On March 24, 2005, the United Nations (ii) the Government of Sudan cooperates taken toward demobilizing and disarming Security Council passed Security Council with humanitarian relief efforts, carries out Janjaweed militias and any other militias Resolution 1590, establishing the United Na- activities to demobilize and disarm supported or created by the Government of tions Mission in Sudan (UNMIS) consisting Janjaweed militias and any other militias Sudan; of 10,000 military personnel and 715 civilian supported or created by the Government of (C) the Government of Sudan is cooper- police personnel. The mandate of UNMIS in- Sudan, and cooperates fully with efforts to ating fully with international efforts to cludes to ‘‘closely and continuously liaise bring to justice the individuals responsible bring to justice those responsible for geno- and coordinate at all levels with the African for genocide, war crimes, or crimes against cide, war crimes, or crimes against humanity Union Mission in Sudan (AMIS) with a view humanity in Darfur; in Darfur; towards expeditiously reinforcing the effort (iii) the Government of Sudan cooperates (D) the Government of Sudan cooperates to foster peace in Darfur, especially with re- fully with the African Union, the United Na- fully with the African Union, the United Na- gard to the Abuja peace process and the Afri- tions, and all other observer, monitoring, tions, and all other observer, monitoring, can Union Mission in Sudan’’. Security and protection missions mandated to operate Council Resolution 1590 also urged the Sec- and protection missions mandated to operate in Sudan; in Sudan; retary-General and United Nations High (iv) the Government of Sudan permits the Commissioner for Human Rights to increase (E) the Government of Sudan permits the safe and voluntary return of displaced per- safe and voluntary return of displaced per- the number and deployment rate of human sons and refugees to their homes and re- rights monitors to Darfur. sons and refugees to their homes and re- builds the communities destroyed in the vio- builds the communities destroyed in the vio- (11) On March 29, 2005, the United Security lence in Darfur; and Council passed Security Council Resolution lence in Darfur; and (v) the Sudan North-South Peace Agree- (F) the Sudan North-South Peace Agree- 1591, establishing a Committee of the Secu- ment is fully implemented and a new coali- rity Council and a Panel of Experts to iden- ment is fully implemented and a new coali- tion government is created under such tion government is created under such tify individuals who have impeded the peace Agreement; Agreement; process, constitute a threat to stability in (D) establishes a military no-fly zone in (5) the President should work with inter- Darfur and the region, commit violations of Darfur; national organizations, including the North international humanitarian or human rights (E) supports the expansion of the African Atlantic Treaty Organization (NATO), the law or other atrocities, or who are respon- Union force in Darfur so that such force United Nations, and the African Union to es- sible for offensive overflights, and calling on achieves the size and strength needed to pre- tablish mechanisms for the enforcement of a member states to prevent those individuals vent ongoing fighting and violence in Darfur; no-fly zone in Darfur; identified from entry into or transit of their (F) urges member states to accelerate as- (6) the African Union should extend its territories and to freeze those individuals sistance to the African Union force in mandate in Darfur to include the protection non-exempted assets. Darfur; of civilians and proactive efforts to prevent (12) On March 31, 2005, the United Nations (G) calls on the Government of Sudan to violence, and member states should support Security Council passed Security Council cooperate with, and allow unrestricted move- Resolution 1593, referring the situation in ment in Darfur by, the African Union force fully this extension; Darfur since July 1, 2002, to the Prosecutor in the region, UNMIS, international humani- (7) the President should accelerate assist- of the International Criminal Court (ICC) tarian organizations, and United Nations ance to the African Union force in Darfur with the proviso that personnel from a state monitors; and discussions with the African Union and outside Sudan not a party to the Rome Stat- (H) extends the embargo of military equip- the European Union and other supporters of ute of the ICC shall not be subject to the ICC ment established by paragraphs 7 through 9 the African Union force on the needs of such in this instance. of Security Council Resolution 1556 and ex- force, including assistance for housing, SEC. 7004. SENSE OF CONGRESS. panded by Security Council Resolution 1591 transportation, communications, equipment, It is the sense of Congress that— to include a total prohibition of sale or sup- technical assistance such as training and (1) the atrocities unfolding in Darfur, ply to the Government of Sudan; command and control assistance, and intel- Sudan, have been and continue to be geno- (I) supports African Union and other inter- ligence; cide; national efforts to negotiate peace talks be- (8) the President should appoint a Presi- (2) the United States should immediately tween the Government of Sudan and rebels dential Envoy for Sudan— seek passage at the United Nations Security in Darfur, calls on the Government of Sudan (A) to support the implementation of the Council of a resolution that— and rebels in Darfur to abide by their obliga- Sudan North-South Peace Agreement; (A) extends the freezing of property and as- tions under the N’Djamena Ceasefire Agree- (B) to seek ways to bring stability and sets and denial of visas and entry, pursuant ment of April 8, 2004, and subsequent agree- peace to Darfur; to United Nations Security Council Resolu- ments, and urges parties to engage in peace (C) to address instability elsewhere in tion 1591, to include— talks without preconditions and seek to re- Sudan; and (i) those named by the UN Commission of solve the conflict; and (D) to seek a comprehensive peace Inquiry; (J) expands the mandate of UNMIS to in- throughout Sudan; (ii) family members of those named by the clude the protection of civilians throughout (9) United States officials, including the UN Commission of Inquiry and those des- Sudan, including Dafur; President, the Secretary of State, and the ignated by the UN Committee; and (3) the United States should work with Secretary of Defense, should raise the issue (iii) any associates of those named by the other nations to ensure effective efforts to of Darfur in bilateral meetings with officials UN Commission of Inquiry and those des- freeze the property and assets of and deny from other members of the United Nations ignated by the UN Committee to whom as- visas and entry to— Security Council and relevant countries, sets or property of those named by the UN (A) those named by the UN Commission of with the aim of passing a United Nations Se- Commission of Inquiry or those designated Inquiry and those designated by the UN curity Council resolution described in para- by the UN Committee were transferred on or Committee; graph (2) and mobilizing maximum support after July 1, 2002; (B) any individuals the United States be- for political, financial, and military efforts (B) urges member states to submit to the lieves is or has been planning, carrying out, to stop the genocide in Darfur; Security Council the name of any individual responsible for, or otherwise involved in (10) the Secretary of State should imme- that the government of any such member genocide, war crimes, and crimes against hu- diately engage in a concerted, sustained state believes is or has been planning, car- manity in Darfur; campaign with other members of the United

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Nations Security Council and relevant coun- (1) INITIAL REPORT.—Not later than 30 days Financing, and Related Programs Appropria- tries with the aim of achieving the goals de- after the date of enactment of this title, the tions Act, 2005 (as enacted in division D of scribed in paragraph (9); Secretary of State, in conjunction with the Public Law 108-447; 118 Stat. 2988) and used (11) the United States fully supports the Secretary of Defense, shall report to the ap- for the support of the efforts of the African Sudan North-South Peace Agreement and propriate congressional committees on ef- Union to halt genocide and other atrocities urges the rapid implementation of its terms; forts to deploy an African Union force in in Darfur, Sudan; and (12) the United States condemns attacks on Darfur, the capacity of such force to sta- (2) $40,500,000 shall be transferred to and humanitarian workers and calls on all forces bilize Darfur and protect civilians, the needs consolidated with funds appropriated under in Darfur, including forces of the Govern- of such force to succeed at such mission in- the heading ‘‘INTERNATIONAL DISASTER AND ment of Sudan, all militia, and forces of the cluding housing, transportation, communica- FAMINE ASSISTANCE’’ in such Act and used for Sudan Liberation Army/Movement and the tions, equipment, technical assistance, in- assistance for Darfur, Sudan. Justice and Equality Movement, to refrain cluding training and command and control, from such attacks; and and intelligence, current status of United SA 348. Mr. TALENT submitted an (13) The United States should actively par- States and other assistance to the African amendment intended to be proposed by ticipate in the UN Committee and the Panel Union force, and additional United States as- him to the bill H.R. 1268, making emer- of Experts established pursuant to Security sistance needed. gency supplemental appropriations for Council Resolution 1591, and work to support (2) SUBSEQUENT REPORTS.— the fiscal year ending September 30, the Secretary-General and the United Na- (A) UPDATES REQUIRED.—The Secretary of tions High Commissioner for Human Rights State, in conjunction with the Secretary of 2005, to establish and rapidly imple- in their efforts to increase the number and Defense, shall submit an update of the report ment regulations for State driver’s li- deployment rate of human rights monitors submitted under paragraph (1) until such cense and identification document se- to Darfur. time as the President certifies that the situ- curity standards, to prevent terrorists SEC. 7005. IMPOSITION OF SANCTIONS. ation in Darfur is stable and that civilians from abusing the asylum laws of the (a) FREEZING ASSETS.—At such time as the are no longer in danger and that the African United States, to unify terrorism-re- United States has access to the names of Union is no longer needed to prevent a re- lated grounds for inadmissibility and those named by the UN Commission of In- sumption of violence and attacks against ci- removal, to ensure expeditious con- quiry and those designated by the UN Com- vilians. struction of the San Diego border mittee, the President shall, except as de- (B) DURATION OF REPORTING REQUIRE- scribed under subsection (c), take such ac- MENT.—The Secretary of State shall submit fence, and for other purposes; which tion as may be necessary to immediately any updated reports required under subpara- was ordered to lie on the table; as fol- freeze the funds and other assets belonging graph (A)— lows: to anyone so named, their family members, (i) every 60 days during the 2-year period On page 169, between lines 8 and 9, insert and any associates of those so named to following the date of the enactment of this the following: whom assets or property of those so named Act; and PROCUREMENT OF COMMERCIAL SATELLITE were transferred on or after July 1, 2002, in- (ii) after such 2-year period, as part of the BANDWIDTH SERVICES cluding requiring that any United States fi- report required under section 8(b) of the nancial institution holding such funds and Sudan Peace Act (50 U.S.C. 1701 note), as SEC. 1122. The Secretary of Defense may assets promptly report those funds and as- amended by section 5(b) of the Comprehen- not implement the action plan for the pro- sets to the Office of Foreign Assets Control. sive Peace in Sudan Act of 2004 (Public Law curement of commercial satellite bandwidth (b) VISA BAN.—Beginning at such times as 108–497; 118 Stat. 4018). services proposed by the Assistant Secretary the United States has access to the names of (b) REPORT ON THOSE NAMED BY THE UN of Defense for Networks and Information In- those named by the UN Commission of In- COMMISSION OF INQUIRY.—At such time as the tegration on December 14, 2004, or enter into quiry and those designated by the UN Com- United States has access to the names of any new contract for commercial satellite mittee, the President shall, except as de- those named by the UN Commission of In- communications services (other than scribed under subsection (c), deny visas and quiry, the President shall submit to the ap- through existing contract vehicles), until 30 entry to— propriate congressional committees a report days after the date on which the Comptroller (1) those named by the UN Commission of listing such names. General of the United States submits to the Inquiry and those designated by the UN congressional defense committees a report Committee; SA 347. Mr. CORZINE (for himself, setting forth the comprehensive assessment (2) the family members of those named by Mr. DEWINE, Mr. BROWNBACK, Mr. DUR- and recommendations of the Comptroller the UN Commission of Inquiry and those des- BIN, and Mr. LEAHY) submitted an General regarding the Defense Information ignated by the UN Committee; and amendment intended to be proposed by Systems Network Satellite Transmission (3) anyone the President determines has him to the bill H.R. 1268, making emer- Services–Global (DSTS–G) program, as pre- been, is, or may be planning, carrying out, viously requested by Congress. responsible for, or otherwise involved in gency supplemental appropriations for crimes against humanity, war crimes, or the fiscal year ending September 30, SA 349. Mr. NELSON of Nebraska genocide in Darfur, Sudan. 2005, to establish and rapidly imple- submitted an amendment intended to (c) WAIVER AUTHORITY.—The President ment regulations for State driver’s li- be proposed by him to the bill H.R. may elect not to take an action otherwise cense and identification document se- 1268, making emergency supplemental required to be taken with respect to an indi- curity standards, to prevent terrorists appropriations for the fiscal year end- vidual under subsection (a) or (b) after sub- from abusing the asylum laws of the ing September 30, 2005, to establish and mitting to Congress a report— United States, to unify terrorism-re- (1) naming the individual with respect to rapidly implement regulations for whom the President has made such election; lated grounds for inadmissibility and State driver’s license and identifica- (2) describing the reasons for such election; removal, to ensure expeditious con- tion document security standards, to and struction of the San Diego border prevent terrorists from abusing the (3) including the determination of the fence, and for other purposes; which asylum laws of the United States, to President as to whether such individual has was ordered to lie on the table; as fol- unify terrorism-related grounds for in- been, is, or may be planning, carrying out, lows: responsible for, or otherwise involved in admissibility and removal, to ensure On page 183, after line 23, add the fol- expeditious construction of the San crimes against humanity, war crimes, or lowing: genocide in Darfur, Sudan. Diego border fence, and for other pur- (d) ASSET REPORTING REQUIREMENT.—Not REQUIREMENT FOR TRANSFER OF FUNDS poses; which was ordered to lie on the later than 14 days after a decision to freeze SEC. 2105. Not later than 15 days after the table; as follows: date of the enactment of this Act, the au- the property or assets of, or deny a visa or On page 169, between lines 8 and 9, insert thority contained under the heading ‘‘INTER- entry to, any person under this section, the the following: President shall report the name of such per- NATIONAL DISASTER AND FAMINE ASSISTANCE’’ son to the appropriate congressional com- in chapter 2 of title II of Emergency Supple- ACQUISITION OF VITAL LEARNING RECRUITMENT/ mittees. mental Appropriations Act for Defense and RETENTION SCREENING TEST PROGRAM (e) NOTIFICATION OF WAIVERS OF SANC- for the Reconstruction of Iraq and Afghani- SEC. 1122. (a) IN GENERAL.—In determining TIONS.—Not later than 30 days before waiving stan, 2004 (Public Law 108-106; 117 Stat. 1227) the person or entity to supply the Vital the provisions of any sanctions currently in to transfer funds made available under such Learning Recruitment/Retention Screening force with regard to Sudan, the President chapter, shall be fully exercised and the Test Program to the Navy for purposes of the shall submit to the appropriate congres- funds transferred as follows: acquisition of that program, the Secretary of sional committees a report describing the (1) $53,000,000 shall be transferred to and the Navy shall utilize a strategy that empha- waiver and the reasons therefor. consolidated with funds appropriated under sizes past performance on technical capabili- SEC. 7006. REPORTS TO CONGRESS. the heading ‘‘PEACEKEEPING OPERATIONS’’ in ties (commonly referred to as a ‘‘best value’’ (a) REPORTS ON STABILIZATION IN SUDAN.— title III of the Foreign Operations, Export strategy) applicable to that program.

VerDate Aug 04 2004 02:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.060 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3499

(b) VITAL LEARNING RECRUITMENT/RETEN- families. In 2003, approximately 21,000,000 (A) in subsection (a), by striking ‘‘a gra- TION SCREENING TEST PROGRAM DEFINED.—In families benefitted from the EITC. tuity’’ in the matter preceding paragraph (1) this section, the term ‘‘Vital Learning Re- (5) Nearly 160,000 active duty members of and inserting ‘‘fallen hero compensation’’; cruitment/Retention Screening Test Pro- the armed forces, 11 percent of all active and gram’’ means the recruitment and retention duty members, currently are eligible for the (B) in subsection (b)(2), by inserting ‘‘or screening test program of the Navy for which EITC, based on analyses of data from the De- other assistance’’ after ‘‘lesser death gra- $1,000,000 is available under the heading ‘‘OP- partment of Defense and the Government Ac- tuity’’. ERATION AND MAINTENANCE, NAVY’’ in each of countability Office. (b) CLERICAL AMENDMENTS.—(1) Such sub- the Department of Defense Appropriations (6) Congress acted in 2001 and 2004 to ex- chapter is further amended by striking Act, 2004 (Public Law 108–87; 117 Stat. 1057) pand EITC eligibility to more military per- ‘‘Death gratuity:’’ each place it appears in the and the Department of Defense Appropria- sonnel, recognizing that military families heading of sections 1475 through 1480 and 1489 tions Act, 2005 (Public Law 108–287; 118 Stat. and their finances are intensely affected by and inserting ‘‘Fallen hero compensation:’’. 954). war. (2) The table of sections at the beginning of (7) With over 300,000 National Guard and re- such subchapter is amended by striking SA 350. Mr. KENNEDY submitted an servists called to active duty since Sep- ‘‘Death gratuity:’’ in the items relating to amendment intended to be proposed by tember 11, 2001, the need for tax assistance is sections 1474 through 1480 and 1489 and in- him to the bill H.R. 1268, making emer- greater than ever. serting ‘‘Fallen hero compensation:’’. gency supplemental appropriations for (8) Census data shows that the EITC lifted (c) GENERAL REFERENCES.—Any reference the fiscal year ending September 30, 4,900,000 people out of poverty in 2002, includ- to a death gratuity payable under sub- ing 2,700,000 children. The EITC lifts more chapter II of chapter 75 of title 10, United 2005, to establish and rapidly imple- children out of poverty than any other single States Code, in any law, regulation, docu- ment regulations for State driver’s li- program or category of programs. ment, paper, or other record of the United cense and identification document se- (b) SENSE OF THE SENATE.—It is the sense States shall be deemed to be a reference to curity standards, to prevent terrorists of the Senate that— fallen hero compensation payable under such from abusing the asylum laws of the (1) Congress should take steps necessary to subchapter, as amended by this section. United States, to unify terrorism-re- support our troops and their families; lated grounds for inadmissibility and (2) it is not in the interests of our troops SA 353. Mr. LEVIN submitted an removal, to ensure expeditious con- and their families to reduce the earned in- amendment intended to be proposed by come tax credit under section 32 of the Inter- him to the bill H.R. 1268, making emer- struction of the San Diego border nal Revenue Code of 1986; and fence, and for other purposes; which gency supplemental appropriations for (3) the conference committee for H. Con. the fiscal year ending September 30, was ordered to lie on the table; as fol- Res. 96, the concurrent resolution on the lows: budget for fiscal year 2006, should not as- 2005, to establish and rapidly imple- At the appropriate place, insert the fol- sume any reduction in the earned income tax ment regulations for State driver’s li- lowing: credit in the budget process this year, as pro- cense and identification document se- SEC. ll. IMPLEMENTATION OF MISSION vided in such resolution as passed by the curity standards, to prevent terrorists CHANGES AT SPECIFIC VETERANS House of Representatives. from abusing the asylum laws of the HEALTH ADMINISTRATION FACILI- United States, to unify terrorism-re- TIES. SA 352. Mr. SALAZAR (for himself lated grounds for inadmissibility and Section 414(c)(1) of the Veterans Health and Mr. ALLARD) submitted an amend- removal, to ensure expeditious con- Programs Improvement Act of 2004, is ment intended to be proposed by him amended by inserting ‘‘, and all outpatient struction of the San Diego border to the bill H.R. 1268, making emer- fence, and for other purposes; which clinics in the VA Boston Healthcare Sys- gency supplemental appropriations for tem’’ before the period at the end. was ordered to lie on the table; as fol- the fiscal year ending September 30, lows: 2005, to establish and rapidly imple- SA 351. Mr. SALAZAR submitted an At the appropriate place, insert the fol- amendment intended to be proposed by ment regulations for State driver’s li- lowing: him to the bill H.R. 1268, making emer- cense and identification document se- DEPARTMENT OF DEFENSE—CIVIL curity standards, to prevent terrorists gency supplemental appropriations for DEPARTMENT OF THE ARMY the fiscal year ending September 30, from abusing the asylum laws of the OPERATIONS AND MAINTENANCE, GENERAL 2005, to establish and rapidly imple- United States, to unify terrorism-re- ment regulations for State driver’s li- lated grounds for inadmissibility and The Secretary of the Army, acting through removal, to ensure expeditious con- the Chief of Engineers, shall use any funds cense and identification document se- appropriated to the Secretary pursuant to curity standards, to prevent terrorists struction of the San Diego border this Act to repair, restore, and maintain from abusing the asylum laws of the fence, and for other purposes; which projects and facilities of the Corps of Engi- United States, to unify terrorism-re- was ordered to lie on the table; as fol- neers, including by dredging navigation lated grounds for inadmissibility and lows: channels, cleaning area streams, providing removal, to ensure expeditious con- On page 162, between lines 22 and 23, insert emergency streambank protection, restoring struction of the San Diego border the following: such public infrastructure as the Secretary determines to be necessary (including sewer fence, and for other purposes; which SEC. 1113. RENAMING OF DEATH GRATUITY PAY- and water facilities), conducting studies of was ordered to lie on the table; as fol- ABLE FOR DEATHS OF MEMBERS OF THE ARMED FORCES AS FALLEN the impacts of floods, and providing such lows: HERO COMPENSATION. flood relief as the Secretary determines to be At the appropriate place, insert the fol- (a) IN GENERAL.—Subchapter II of chapter appropriate: Provided, That of those funds, lowing: 75 of title 10, United States Code, is amended $32,000,000 shall be used by the Secretary for SEC. l. SENSE OF THE SENATE ON THE EARNED as follows: the Upper Peninsula, Michigan. INCOME TAX CREDIT. (1) In section 1475(a), by striking ‘‘have a (a) FINDINGS.—The Senate makes the fol- death gratuity paid’’ and inserting ‘‘have SA 354. Mr. GRAHAM submitted an lowing findings: fallen hero compensation paid’’. amendment intended to be proposed by (1) In an effort to provide support to mili- (2) In section 1476(a)— him to the bill H.R. 1268, making emer- tary families, this Act includes an important (A) in paragraph (1), by striking ‘‘a death gency supplemental appropriations for increase in the maximum payable benefit gratuity’’ and inserting ‘‘fallen hero com- the fiscal year ending September 30, under Servicemembers’ Group Life Insurance pensation’’; and from $150,000 to $400,000. (B) in paragraph (2), by striking ‘‘A death 2005, to establish and rapidly imple- (2) In an effort to provide support to mili- gratuity’’ and inserting ‘‘Fallen hero com- ment regulations for State driver’s li- tary families, this Act includes an important pensation’’. cense and identification document se- increase in the death gratuity from $12,000 to (3) In section 1477(a), by striking ‘‘A death curity standards, to prevent terrorists $100,000. gratuity’’ and inserting ‘‘Fallen hero com- from abusing the asylum laws of the (3) In an effort to provide support to mili- pensation’’. United States, to unify terrorism-re- tary families, this Act includes an important (4) In section 1478(a), by striking ‘‘The lated grounds for inadmissibility and increase in the maximum Reserve Affiliation death gratuity’’ and inserting ‘‘The amount removal, to ensure expeditious con- bonus to $10,000. of fallen hero compensation’’. (4) The Federal earned income tax credit (5) In section 1479(1), by striking ‘‘the struction of the San Diego border (EITC) under section 32 of the Internal Rev- death gratuity’’ and inserting ‘‘fallen hero fence, and for other purposes; which enue Code of 1986 provides critical tax relief compensation’’. was ordered to lie on the table; as fol- and support to military as well as civilian (6) In section 1489— lows:

VerDate Aug 04 2004 02:30 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.061 S12PT1 S3500 CONGRESSIONAL RECORD — SENATE April 12, 2005 On page 169, between lines 8 and 9, insert ernment in order to perform active duty in States Code, is amended by inserting after the following: the uniformed services pursuant to a call or the item relating to section 5537 the fol- PROHIBITION ON IMPLEMENTATION OF CERTAIN order to active duty under a provision of law lowing: ORDERS AND GUIDANCE ON FUNCTIONS AND referred to in section 101(a)(13)(B) of title 10 ‘‘5538. Nonreduction in pay while serving in DUTIES OF GENERAL COUNSEL AND JUDGE AD- shall be entitled, while serving on active the uniformed services or Na- VOCATE GENERAL OF THE AIR FORCE duty, to receive, for each pay period de- tional Guard.’’. scribed in subsection (b), an amount equal to SEC. 1122. No funds appropriated or other- (d) EFFECTIVE DATE.—The amendments wise made available by this Act, or any the amount by which— made by this section shall apply with respect other Act, may be obligated or expended to ‘‘(1) the amount of basic pay which would to pay periods (as described in section 5538(b) implement or enforce either of the following: otherwise have been payable to such em- of title 5, United States Code, as amended by (1) The order of the Secretary of the Air ployee for such pay period if such employee’s this section) beginning on or after the date Force dated May 15, 2003, and entitled civilian employment with the Government of enactment of this Act. had not been interrupted by that service, ex- ‘‘Functions and Duties of the General Coun- f sel and the Judge Advocate General’’. ceeds (if at all) (2) Any internal operating instruction or ‘‘(2) the amount of pay and allowances NOTICES OF HEARINGS/MEETINGS which (as determined under subsection (d))— memorandum issued by the General Counsel ‘‘(A) is payable to such employee for that COMMITTEE ON ENERGY AND NATURAL of the Air Force in reliance upon the order service; and RESOURCES referred to in paragraph (1). ‘‘(B) is allocable to such pay period. Mr. DOMENICI. Mr. President, I SA 355. Mr. MARTINEZ submitted an ‘‘(b)(1) Amounts under this section shall be would like to announce for the infor- payable with respect to each pay period amendment intended to be proposed by mation of the Senate and the public (which would otherwise apply if the employ- that the following hearing has been him to the bill H.R. 1268, making emer- ee’s civilian employment had not been inter- gency supplemental appropriations for rupted)— scheduled before the Committee on En- the fiscal year ending September 30, ‘‘(A) during which such employee is enti- ergy and Natural Resources. 2005, to establish and rapidly imple- tled to reemployment rights under chapter The hearing will be held on Tuesday, ment regulations for State driver’s li- 43 of title 38 with respect to the position April 19, at 10 a.m. in room 366 of the cense and identification document se- from which such employee is absent (as re- Dirksen Senate Office Building in curity standards, to prevent terrorists ferred to in subsection (a)); and Washington, DC. from abusing the asylum laws of the ‘‘(B) for which such employee does not oth- The purpose of this hearing is to re- erwise receive basic pay (including by taking United States, to unify terrorism-re- any annual, military, or other paid leave) to ceive testimony concerning offshore lated grounds for inadmissibility and which such employee is entitled by virtue of hydrocarbon production and the future removal, to ensure expeditious con- such employee’s civilian employment with of alternate energy resources on the struction of the San Diego border the Government. outer Continental Shelf. Issues to be fence, and for other purposes; which ‘‘(2) For purposes of this section, the period discussed include: recent technological was ordered to lie on the table; as fol- during which an employee is entitled to re- advancements made in the offshore ex- lows: employment rights under chapter 43 of title ploration and production of traditional 38— At the appropriate place, insert the fol- ‘‘(A) shall be determined disregarding the forms of energy, and the future of deep lowing: provisions of section 4312(d) of title 38; and shelf and deepwater production; en- DEPARTMENT OF DEFENSE—CIVIL ‘‘(B) shall include any period of time speci- hancements in worker safety, and steps DEPARTMENT OF THE ARMY fied in section 4312(e) of title 38 within which taken by the offshore oil and gas indus- CONSTRUCTION, GENERAL an employee may report or apply for employ- try to meet environmental challenges. The Secretary of the Army, acting through ment or reemployment following completion Participants in the hearing will also the Chief of Engineers, shall carry out con- of service on active duty to which called or address ways that the Federal Govern- struction at the Jacksonville Harbor, Flor- ordered as described in subsection (a). ment can facilitate increased explo- ida, in accordance with the report of the ‘‘(c) Any amount payable under this sec- Chief of Engineers dated July 22, 2003, using tion to an employee shall be paid— ration and production offshore while the funds appropriated for that purpose ‘‘(1) by such employee’s employing agency; protecting the environment. New ap- under title I of division C of the Energy and ‘‘(2) from the appropriation or fund which proaches to help diversify the offshore Water Development Appropriations Act, 2005 would be used to pay the employee if such energy mix will also be discussed. (Public Law 108–447; 118 Stat. 2935). employee were in a pay status; and Because of the limited time available ‘‘(3) to the extent practicable, at the same for the hearing, witnesses may testify SA 356. Mr. DURBIN (for himself, Ms. time and in the same manner as would basic by invitation only. However, those MIKULSKI, Mr. ALLEN, and Mr. CORZINE) pay if such employee’s civilian employment wishing to submit written testimony proposed an amendment to the bill had not been interrupted. H.R. 1268, making emergency supple- ‘‘(d) The Office of Personnel Management for the hearing record should send two mental appropriations for the fiscal shall, in consultation with Secretary of De- copies of their testimony to the Com- fense, prescribe any regulations necessary to mittee on Energy and Natural Re- year ending September 30, 2005, to es- carry out the preceding provisions of this tablish and rapidly implement regula- sources, United States Senate, SD–364 section. Dirksen Senate Office Building, Wash- tions for State driver’s license and ‘‘(e)(1) The head of each agency referred to identification document security in section 2302(a)(2)(C)(ii) shall, in consulta- ington, DC 20510–6150. standards, to prevent terrorists from tion with the Office, prescribe procedures to For further information, please con- abusing the asylum laws of the United ensure that the rights under this section tact: Shane Perkins at 202–224–7555. States, to unify terrorism-related apply to the employees of such agency. SUBCOMMITTEE ON WATER AND POWER ‘‘(2) The Administrator of the Federal Ms. MURKOWSKI. Mr. President, I grounds for inadmissibility and re- Aviation Administration shall, in consulta- moval, to ensure expeditious construc- tion with the Office, prescribe procedures to would like to announce for the infor- tion of the San Diego border fence, and ensure that the rights under this section mation of the Senate and the public for other purposes; as follows: apply to the employees of that agency. that a hearing has been scheduled be- On page 153, between lines 15 and 16, insert ‘‘(f) For purposes of this section— fore the Subcommittee on Water and the following: ‘‘(1) the terms ‘employee’, ‘Federal Govern- Power of the Committee on Energy and SEC. 1110. NONREDUCTION IN PAY WHILE FED- ment’, and ‘uniformed services’ have the Natural Resources. ERAL EMPLOYEE IS PERFORMING same respective meanings as given them in The hearing will be held on Tuesday, ACTIVE SERVICE IN THE UNI- section 4303 of title 38; FORMED SERVICES OR NATIONAL ‘‘(2) the term ‘employing agency’, as used April 19, 2005 at 2:30 p.m. in room SD– GUARD. with respect to an employee entitled to any 366 of the Dirksen Senate Office Build- (a) SHORT TITLE.—This section may be payments under this section, means the ing. cited as the ‘‘Reservists Pay Security Act of agency or other entity of the Government The purpose of the hearing is to re- 2005’’. (including an agency referred to in section ceive testimony on S. 166, to amend the (b) IN GENERAL.—Subchapter IV of chapter 2302(a)(2)(C)(ii)) with respect to which such Oregon Resource Conservation Act of 55 of title 5, United States Code, is amended employee has reemployment rights under by adding at the end the following: 1996 to reauthorize the participation of chapter 43 of title 38; and the Bureau of Reclamation in the ‘‘§ 5538. Nonreduction in pay while serving in ‘‘(3) the term ‘basic pay’ includes any the uniformed services or National Guard amount payable under section 5304.’’. Deschutes River Conservancy, and for ‘‘(a) An employee who is absent from a po- (c) CLERICAL AMENDMENT.—The table of other purposes; S. 251, to authorize the sition of employment with the Federal Gov- sections for chapter 55 of title 5, United Secretary of the Interior to conduct a

VerDate Aug 04 2004 02:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.062 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3501 water resource feasibility study for the istrative actions necessary to provide granted the privilege of the floor dur- Little Butte/Bear Creek Subbasins in incentives for industry investment, as ing consideration of H.R. 1268, the Oregon; S. 310, to direct the Secretary well as explore concerns and experi- emergency Iraq/Afghanistan supple- of the Interior to convey the Newlands ences of other governments and organi- mental appropriations, and all rollcall Project Headquarters and Maintenance zations and the interests of industry. votes thereon. Yard Facility to the Truckee-Carson The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- Irrigation District in the State of Ne- objection, it is so ordered. pore. Without objection, it is so or- vada; S. 519, to amend the Lower Rio COMMITTEE ON FOREIGN RELATIONS dered. Grande Valley Water Resources Con- Mr. COCHRAN. Mr. President, I ask Mrs. HUTCHISON. Mr. President, I servation and Improvement Act of 2000 unanimous consent that the Com- ask unanimous consent that Senator to authorize additional projects and ac- mittee on Foreign Relations be author- JOHN MCCAIN’s legislative fellow, Navy tivities under that Act, and for other ized to meet during the session of the CDR Shawn Grenier, be granted floor purposes; and S. 592, to extend the con- Senate on Tuesday, April 12, 2005, at privileges during the consideration of tract for the Glendo Unit of the Mis- 9:30 a.m., to hold a nomination hearing. H.R. 1268, the Emergency Supplemental souri Basin Project in the State of Wy- The PRESIDING OFFICER. Without Appropriations Act. oming. objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. Because of the limited time available COMMITTEE ON THE JUDICIARY Mr. BYRD. Mr. President, on behalf for the hearing, witnesses may testify Mr. COCHRAN. Mr. President, I ask of Senator BAUCUS, I ask unanimous by invitation only. However, those unanimous consent that the Com- wishing to submit written testimony consent that Cuong Huynh, a fellow on mittee on the Judiciary be authorized his staff at the Finance Committee, be for the hearing record should send two to meet in a closed briefing on Tues- copies of their testimony to the Com- accorded floor privileges during the day, April 12, 2005, at 11:30 a.m., in S– consideration of H.R. 1268, the emer- mittee on Energy and Natural Re- 407, the Capitol. sources, United States Senate, Wash- gency Iraq-Afghanistan supplemental The PRESIDING OFFICER. Without appropriation bill, and any votes there- ington, DC 20510–6150. objection, it is so ordered. For further information, please con- on. tact Kellie Donnelly 202–224–9360 or SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without Shane Perkins at 202–224–7555. Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. unanimous consent that the Select f f Committee on Intelligence be author- NATIONAL YOUTH SERVICE DAY AUTHORITY FOR COMMITTEES TO ized to meet during the session of the MEET Senate on April 12, 2005, at 10 a.m. and Mr. MCCONNELL. Mr. President, I 2:30 p.m., to hold hearings. ask unanimous consent the Senate now COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without proceed to consideration of S. Res. 105, Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. which was submitted earlier today. unanimous consent that the Com- SPECIAL COMMITTEE ON AGING The PRESIDING OFFICER. The mittee on Armed Services be author- Mr. COCHRAN. Mr. President, I ask clerk will report the resolution by ized to meet during the session of the unanimous consent that the Special title. Senate on April 12, 2005, at 9:30 a.m., in Committee on Aging be authorized to The assistant legislative clerk read closed session to receive testimony on meet Tuesday, April 12, 2005, from 2:30 as follows: the assessment of Iraqi security forces. p.m. to 5 p.m., in Dirksen 106, for the A resolution (S. Res. 105) designating April The PRESIDING OFFICER. Without purpose of conducting a hearing. 15, 2005, as National Youth Service Day, and objection, it is so ordered. The PRESIDING OFFICER. Without for other purposes. COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. There being no objection, the Senate TRANSPORTATION. proceeded to consider the resolution. SUBCOMMITTEE ON NATIONAL PARKS Mr. COCHRAN. Mr. President, I ask Ms. MURKOWSKI. Mr. President, I Mr. COCHRAN. Mr. President, I ask unanimous consent that the Com- rise in support of S. Res. 105, a resolu- unanimous consent that the Sub- mittee on Commerce, Science, and tion designating April 15, 2005, as Na- committee on National Parks be au- Transportation be authorized to meet tional Youth Service Day. S. Res. 105 thorized to meet during the session of on the nominations of Dr. Michael acknowledges the remarkable commu- the Senate on Tuesday, April 12 at 2:30 Griffin to be Administrator of the Na- nity service efforts that our Nation’s p.m. to review management and plan- tional Aeronautics and Space Adminis- youth are making in communities ning issues for the National Mall, in- tration, Mr. Joseph Boardman to be across the country on April 15 and cluding the history of development, se- Administrator of the Federal Railroad every day, and encourages all people to curity projects and other planned con- Administration, Ms. Nancy Nord to be recognize and support the significance structions, and future development Commissioner of the Consumer Prod- of these contributions. plans. uct Safety Commission, and The Hon- National Youth Service Day is a pub- The PRESIDING OFFICER. Without orable William W. Cobey, Jr. to be a lic awareness and education campaign objection, it is so ordered. Member of the Board of Directors of that highlights the extraordinary con- the Metropolitan Washington Airports SUBCOMMITTEE ON SEAPOWER tributions that young people make to Authority, on Tuesday, April 12, 2005, Mr. COCHRAN. Mr. President, I ask their communities throughout the at 10:15 a.m., in SR–253. unanimous consent that the Sub- year. On this day, youth from across The PRESIDING OFFICER. Without committee on Seapower be authorized the United states and the world will objection, it is so ordered. to meet during the session of the Sen- carry out community service projects COMMITTEE ON ENERGY AND NATURAL ate on April 12 at 2:30 p.m. to receive in areas ranging from hunger to lit- RESOURCES testimony on Navy shipbuilding and in- eracy to the environment. National Mr. COCHRAN. Mr. President, I ask dustrial base status in review of the de- Youth Service Day is the largest serv- unanimous consent that the Com- fense authorization request for fiscal ice event in the world that brings mil- mittee on Energy and Natural Re- year 2006. lions of youth and over 50 local, re- sources be authorized to meet during The PRESIDING OFFICER. Without gional, and national partners together the session of the Senate on Tuesday, objection, it is so ordered. to support and promote youth service. April 12, at 10 a.m. in room SD–366. f In Alaska, the following groups will The purpose of the hearing is to dis- engage youth in community service ac- cuss opportunities to advance tech- PRIVILEGE OF THE FLOOR tivities on April 15: nology that will facilitate environ- Mr. CARPER. Mr. President, I ask (1) Anchorage’s Promise, along with mentally friendly development of oil unanimous consent that Richard 70 other youth/family organizations shale and oil sands resources. The hear- Litsey, a fellow on the Finance Com- from Anchorage and the Mat-Su Val- ing will address legislative and admin- mittee staff of Senator BAUCUS, be ley, will mobilize all sectors of the

VerDate Aug 04 2004 02:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.063 S12PT1 S3502 CONGRESSIONAL RECORD — SENATE April 12, 2005 community to build the character and paign that highlights the valuable contribu- (2) calls on the people of the United States competence of Anchorage’s children tions that young people make to their com- to— and youth by fulfilling the Five Prom- munities throughout the year; (A) observe the day by encouraging and en- ises: caring adults, safe places, a Whereas the goals of National Youth Serv- gaging youth to participate in civic and com- ice Day are to mobilize youth as leaders in munity service projects; healthy start, marketable skills, and identifying and addressing the needs of their (B) recognize the volunteer efforts of our opportunities to serve. This year’s Na- communities through service and service- Nation’s young people throughout the year; tional Youth Service Day celebration learning, to support youth on a lifelong path and in anchorage hopes to engage at least of service and civic engagement, and to edu- (C) support these efforts and engage youth 7,000 youth in service-learning projects cate the public, the media, and policymakers in meaningful decision making opportunities throughout the city. about the year-round contributions of young today as an investment in the future of our (2) Cook Inlet Tribal Council Youth people as community leaders; Nation. Center will prepare and serve tradi- Whereas young people in the United f States, and in many other countries, are vol- tional Alaska Native dishes to 75–100 unteering more than in any generation in APPOINTMENT homeless people in downtown Anchor- history; The PRESIDING OFFICER. The age. Whereas young people should be viewed as (3) As part of the Anchorage Youth the hope not only of the future, but also of Chair announces, on behalf of the Make It Better Project, the mountain today, and should be valued for the idealism, Democratic Leader, pursuant to Public View Boys and Girls Club, Alaska Divi- energy, creativity, and commitment they Law 101–509, the appointment of Guy sion of Juvenile Justice, members of bring to the challenges found in their com- Rocha, of Nevada, to the Advisory the Boy Scouts of America Venturing munities; Committee on the Records of Congress, Program, interested AmeriCorps/ Whereas there is a fundamental and con- vice Stephen Van Buren of South Da- clusive correlation between youth service kota. VISTA volunteers, and the Alaska and lifelong adult volunteering and philan- Points of Light Youth Leadership In- thropy; f stitute Student Alumni association Whereas through community service, ORDERS FOR WEDNESDAY, APRIL will organize and conduct a Youth young people build character and learn valu- 13, 2005 Make A Better Community essay con- able skills, including time management, test involving 50 Anchorage fifth and teamwork, needs-assessment, and leadership, Mr. MCCONNELL. Mr. President, I sixth grade students. The students will that are sought by employers; ask unanimous consent that when the write about how they would improve Whereas service-learning, an innovative Senate completes its business today, it teaching method combining service to the stand in adjournment until 9:30 a.m. the community. In addition, 25 middle community with curriculum-based learning, and high school students will design tomorrow, Wednesday, April 13. I fur- is a proven strategy to increase academic ther ask unanimous consent that fol- and paint an outdoor mural in Moun- achievement and strengthens civic engage- tain View highlighting important so- ment and civic responsibility; lowing the prayer and pledge, the cial issues and traits of good character. Whereas several private foundations and morning hour be deemed expired, the (4) In Koyukuk, young people will be corporations in the United States support Journal of proceedings be approved to helping elders with household chores service-learning because they understand date, the time for the two leaders be they cannot do for themselves. that strong communities begin with strong reserved, and the Senate then begin a (5) In the Matanuska-Susitna Valley, schools and a community investment in the period of morning business for up to 60 lives and futures of youth; Communities In Schools Mat-Su has minutes, with the first 30 minutes Whereas a sustained investment by the under the control of the majority lead- organized 25 students from the Mat-Su Federal Government, business partners, Youth Facility School and students schools, and communities fuels the positive, er or his designee and the second 30 from the Chickaloon Tribal School to long-term cultural change that will make minutes under the control of the work on building a Chicken Coop for service and service-learning the common ex- Democratic leader or his designee; pro- the tribal sustainability project. pectation and the common experience of all vided that following morning business Many similar and wonderful activi- young people; the Senate resume consideration of ties will be taking place all across the Whereas National Youth Service Day, a H.R. 1268, the Iraq-Afghanistan supple- program of Youth Service America, is the Nation. mental appropriations bill; provided largest service event in the world and is further that there be 40 minutes equal- I thank my colleagues—Senators being observed for the 17th consecutive year AKAKA, ALLEN, BAYH, BINGAMAN, in 2005; ly divided in relation to Durbin amend- BOXER, BUNNING, CLINTON, COCHRAN, Whereas National Youth Service Day, with ment No. 356 prior to the vote in rela- COLEMAN, COLLINS, CONRAD, CORNYN, the support of 50 lead agencies, hundreds of tion to the amendment, with no second CRAIG, DEWINE, DODD, DOMENICI, DOR- grant winners, and thousands of local part- degrees in order to the amendment GAN, DURBIN, FEINGOLD, FEINSTEIN, ners, engages millions of young people na- prior to that vote. tionwide; GREGG, HAGEL, ISAKSON, JOHNSON, The PRESIDING OFFICER. Is there Whereas National Youth Service Day will KERRY, LANDRIEU, LIEBERMAN, LEVIN, objection? involve 114 national partners, including 8 Mr. DURBIN. Mr. President, reserv- LOTT, MARTINEZ, MIKULSKI, MURRAY, Federal agencies and 10 organizations that NELSON, REED, SALAZAR, SANTORUM, are offering grants to support National ing the right to object, I will not ob- SCHUMER, SESSIONS, SNOWE, SPECTER, Youth Service Day; ject, I say to my friend, the Republican STABENOW, STEVENS, BUNNING and Whereas National Youth Service Day has whip, it is my intention to try to re- THUNE—for co-sponsoring this worth- inspired Global Youth Service Day, which duce the length of that debate depend- while legislation, which will ensure occurs concurrently in over 120 countries and ing on morning business. I understand that youth across the country and the is now in its sixth year; and many of our colleagues have a meeting Whereas young people will benefit greatly world know that all of their hard work at the White House. If we can expedite from expanded opportunities to engage in this debate time and bring the vote up is greatly appreciated. meaningful volunteer service and service- Mr. MCCONNELL. I ask unanimous learning: Now, therefore, be it before the Senator leaves, that is my consent the resolution be agreed to, Resolved, intention. the preamble be agreed to, and the mo- SECTION 1. RECOGNITION AND ENCOURAGE- Mr. MCCONNELL. That would be tion to reconsider be laid on the table. MENT OF YOUTH COMMUNITY SERV- very good. We would either finish it be- The PRESIDING OFFICER. Without ICE. fore that meeting or do it after. I think objection, it is so ordered. The Senate recognizes and commends the we can get the vote in before that The resolution (S. Res. 105) was significant contributions of American youth meeting. It would be very good. agreed to. and encourages the cultivation of a common The PRESIDING OFFICER. Without civic bond among young people dedicated to The preamble was agreed to. serving their neighbors, their communities, objection, it is so ordered. The resolution, with its preamble, and the Nation. f reads as follows: SEC. 2. NATIONAL YOUTH SERVICE DAY. PROGRAM S. RES. 105 The Senate— Whereas National Youth Service Day is an (1) designates April 15, 2005, as ‘‘National Mr. MCCONNELL. Mr. President, to- annual public awareness and education cam- Youth Service Day’’; and morrow, following morning business,

VerDate Aug 04 2004 02:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A12AP6.065 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — SENATE S3503 the Senate will resume consideration through amendments to the bill. The ADJOURNMENT UNTIL 9:30 A.M. of the Iraq-Afghanistan supplemental. chairman and ranking member will be TOMORROW We had a good start today and will con- here to receive any amendments. I cer- tinue to make progress tomorrow. Cur- tainly encourage our colleagues who Mr. MCCONNELL. Mr. President, if rently there are three amendments wish to offer amendments to contact there is no further business to come be- pending to the bill. We will try to have, them as soon as possible. fore the Senate, I ask unanimous con- as Senator DURBIN and I were dis- Obviously rollcall votes are expected sent that the Senate stand in adjourn- cussing, the first vote at 10:50, or be- throughout the day tomorrow as the ment under the previous order. fore if all debate is used on the Durbin Senate continues consideration of this There being no objection, the Senate, amendment. As I indicated, if we are important appropriations bill. unable to vote by that point we will Again, we are going to have a busy at 6:53 p.m., adjourned until Wednes- have to delay the vote until sometime week as we work toward completion of day, April 13, 2005, at 9:30 a.m. shortly after noon. For the remainder the Iraq-Afghanistan appropriations of the day we will continue working measure.

VerDate Aug 04 2004 02:04 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G12AP6.094 S12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E605 EXTENSIONS OF REMARKS

IN HONOR OF CUYAHOGA COUNTY Today the restaurant has become a popular Mr. Speaker, it is my honor to recognize the TREASURER JIM ROKAKIS nightspot for the entertainment and political Gladney Cup Golf Tournament, the organiza- communities. Antonio is a distinguished busi- tions and individuals who are participating in HON. DENNIS J. KUCINICH nessman whose cooperation with many reli- the event so that more children may have OF OHIO gious and political organizations has estab- happy homes in which to live and so that lished him as a philanthropist. He is very women who are experiencing a crisis preg- IN THE HOUSE OF REPRESENTATIVES proud of the fact that he has always held a nancy have a loving and supportive place to Tuesday, April 12, 2005 job, and that all his accomplishments have which to turn to for help. Mr. KUCINICH. Mr. Speaker, I rise today in been the product of hard work. f recognition of Cuyahoga County Treasurer Mr. Antonio and Leonor have three daughters NORTH RIDGE MIDDLE SCHOOL Jim Rokakis, as he is recognized by the Cuya- Adriana, Claudia and Lara. Together as a fam- BAND WINNER OF JOHN PHILIP hoga County Democratic Party for his service ily, they have strived to stay one step ahead SOUSA FOUNDATION ‘‘SUDLER to our community. of the competition. This award should serve to SILVER CUP’’ A life-long Clevelander, Mr. Rokakis con- inspire and encourage him in continuing the tinues to focus on the well-being of Cleve- important work he has already begun. landers, and beyond. After graduating from the Mr. Speaker, Antonio Bonilla has been a HON. MICHAEL C. BURGESS Cleveland-Marshall School of Law, Mr. leader in his community and has been a won- OF TEXAS Rokakis set out to promote positive change derful example of how dedication and perse- IN THE HOUSE OF REPRESENTATIVES within our community. In 1978, he was elected verance can lead to success. As such, he is Tuesday, April 12, 2005 to serve as the Ward 15 representative to the more than worthy of receiving our recognition today and the award of Businessman of the Mr. BURGESS. Mr. Speaker, I rise today to Cleveland City Council. For nearly twenty commend the North Ridge Middle School years, he served the residents of the Old Year. Thus, I urge my colleagues to join me in honoring this truly remarkable person. Band of North Richland Hills, located in the Brooklyn neighborhood with integrity and dedi- 26th Congressional District of Texas, on win- f cation. For the last seven years of his tenure ning the 2004 ‘‘Sudler Silver Cup.’’ as Councilperson, Mr. Rokakis served as the HONORING THE 2005 GLADNEY CUP This award was given by the John Philip Chair of the Finance Committee. GOLF TOURNAMENT AT THE Sousa Foundation to only two middle school In March of 1997, Mr. Rokakis was elected CONGRESSIONAL COUNTRY CLUB bands in Canada and the United States in to the office of Treasurer of Cuyahoga County. IN BETHESDA, MD order to promote better international under- In this capacity, Mr. Rokakis has consistently standing. The John Philip Sousa Foundation is demonstrated a vision and focus on improving HON. KAY GRANGER a non-profit foundation dedicated to the pro- the tax collection process. His complete ren- OF TEXAS motion of international understanding through ovation of the system has resulted in greater IN THE HOUSE OF REPRESENTATIVES the medium of band music. Through the ad- efficiency regarding the County’s tax collection Tuesday, April 12, 2005 ministration of band related projects, the foun- and disbursement processes. Under his lead- dation seeks to uphold the standards and Ms. GRANGER. Mr. Speaker, I rise today to ership, the office of the Treasurer has been ideals of that icon of the American spirit, John recognize an outstanding event that is con- awarded with many honors, especially regard- Philip Sousa. ing his inner-city housing initiatives. ducted for the benefit of one of the best orga- The North Ridge Middle School Band won Mr. Speaker, please join me in honor and nizations in my district, the Gladney Center for this prestigious honor for demonstrating excel- recognition of Mr. Jim Rokakis. His dedicated Adoption. lence at the international level under the lead- On Monday, May 2, 2005, the Gladney Cup service, focused on the well-being of the resi- ership of director Cynthia Lansford. Not only Golf Tournament will occur at the Congres- dents of Cleveland and Cuyahoga County, has do bands competing for this award have to sional Country Club in Bethesda, MD, to ben- served to strengthen our entire community. show superiority in their musical skills but they efit the Gladney Center for Adoption. The f must also do so under the same director for Gladney Adoption Center was founded more a period of several years. A TRIBUTE TO ANTONIO BONILLA than 100 years ago in Fort Worth, TX, to find I am proud of this fine band from North ‘‘loving homes for orphaned children’’ and Richland Hills Middle School, and I applaud today is one of this Nation’s leading adoption HON. EDOLPHUS TOWNS the students, band director and parents who services, which specializes in international and OF NEW YORK made this achievement possible. I am honored domestic adoptions. The center has placed IN THE HOUSE OF REPRESENTATIVES to represent you in Congress. more than 26,000 children in loving homes Tuesday, April 12, 2005 and has assisted more than 36,000 women f Mr. TOWNS. Mr. Speaker, I rise in honor of experiencing crisis pregnancies. The Gladney HONORING CATHERINE SANTEE, Antonio Bonilla who is being honored at the Cup Golf Tournament is a premier event WINNER OF THE 2005 LEGRAND Brooklyn Caribe Lions Club dinner dance as which raises much needed funds for the cen- SMITH SCHOLARSHIP ‘‘Businessman of The Year.’’ ter’s international and domestic adoption pro- Antonio is a successful businessman who grams. The first Gladney Cup Golf Tour- HON. JOHN J.H. ‘‘JOE’’ SCHWARZ was born in Isabela, Puerto Rico. He came to nament was held at the famed Colonial Coun- OF MICHIGAN New York in 1953 and has worked in various try Club, which is located in my district. The IN THE HOUSE OF REPRESENTATIVES jobs, including carpentry, cooking, and mar- caliber of the inaugural tournament attracted keting. more than 200 players and raised more than Tuesday, April 12, 2005 One of his first employers was Emerson $1 million for the Gladney Center. The 2005 Mr. SCHWARZ of Michigan. Mr. Speaker, Radio Corporation, where he worked for over Gladney Cup Golf Tournament is the third let it be known, that it is with great respect for 10 years. Then in the 1960’s his wife, Leonor, event and the reputation of the tournament, the outstanding record of excellence she has exposed him to Mexico’s culture, including its coupled with the beautiful and prestigious compiled in academics, leadership, and com- people, food, and music. By 1971, his dream greens of the Congressional Country Club, munity service, that I am proud to salute Cath- to open a Mexican restaurant had become a again is attracting players and corporations erine Roselyn Santee, winner of the 2005 reality. Together with his family, they found from around the country who not only derive LeGrand Smith Scholarship. This award is and renovated the space on the corner of satisfaction from playing on a challenging golf given to young adults who have demonstrated Second Ave and 26th Street in Manhattan and course, but also who are committed to helping their true commitment to playing an important named it Mexico Lindo Restaurant. the Gladney Adoption Center. role in our Nation’s future.

∑ 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 jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.001 E12PT1 E606 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 As a winner of the LeGrand Smith Scholar- perience deeply connected with his readers, IN MEMORY OF ARMY SPC. ship, Catherine is being honored for dem- offering us a sense of peace, clarity and even CLINTON GERTSON onstrating the same generosity of spirit, intel- humor throughout his heroic struggle. ligence, responsible citizenship, and capacity Mr. Speaker and Colleagues, please join me HON. KAY GRANGER for human service that distinguished the late in honor and remembrance of Mr. Tom OF TEXAS LeGrand Smith of Somerset, Michigan. Brazaitis, whose life and legacy served to IN THE HOUSE OF REPRESENTATIVES Catherine is an exceptional student at bring critical issues into the rational light of Tuesday, April 12, 2005 Addison High School. Aside from being one of day, and whose deep sense of humanity the highest in her class academically, Cath- Ms. GRANGER. Mr. Speaker, I rise today to served to elevate our own humanity. I offer my honor the courage of a young hero from my erine possesses an outstanding record of deepest condolences to his wife, Eleanor; his achievement. She has been very active in the district. On February 19, 2005, the Department daughter, Sarah; son, Mark; stepsons, Ed- of Defense declared that Specialist Clinton National Honor Society, Choir, Drama, Year- ward, Woodbury and Robert; and his five book, and her church, serving as youth group Gertson (United States Army, 24th Infantry Di- grandchildren. Tom Brazaitis lived his life with vision) was killed in the line of duty after being president and church secretary. She has also energy and joy, and the memories of his affa- hit by a sniper in Mosul, Iraq. Gertson’s unit devoted a great deal of her time volunteering ble nature and kind heart will forever light the was scanning a Mosul neighborhood when he to help others. hearts of all who knew and loved him well. was shot around 2 p.m. Gertson was deployed On behalf of the United States Congress, I to Iraq last October along with 4,000 other sol- am proud to join her many admirers in offering f diers in the Fort-Stryker Brigade. His unit had our highest praise and congratulations to been assigned to be one of the leaders in the Catherine Santee for her selection as winner A TRIBUTE TO EARL L. WILLIAMS fight against insurgents in Mosul. of the 2005 LeGrand Smith Scholarship. This Gertson, or ‘‘Big Country,’’ was described by honor not only recognizes her efforts, but also fellow soldiers as well-respected, someone is a testament to her parents, teachers, and HON. EDOLPHUS TOWNS who would always come to the aid of a fellow other individuals whose personal interest, OF NEW YORK soldier and who remained even-keeled, even steadfast support, and active participation con- IN THE HOUSE OF REPRESENTATIVES in the face of extreme danger. tributed to her success. To this remarkable Gertson demonstrated these qualities when young woman, we extend our most heartfelt Tuesday, April 12, 2005 60 insurgents attacked his unit on November good wishes for all her future endeavors. 11. Despite being injured himself, Gertson Mr. TOWNS. Mr. Speaker, I rise in honor of f helped other soldiers who were more seriously Earl L. Williams who is being honored at the injured to safety. Gertson again demonstrated IN HONOR AND REMEMBRANCE OF Brooklyn Caribe Lions Club dinner dance as this same heroism when a suicide bomber TOM BRAZAITIS ‘‘Civic Humanitarian of the Year.’’ blew himself up inside the Forward Operating Earl, who was born in Panama City, Repub- Base Marez mess hall in December. After the HON. DENNIS J. KUCINICH lic of Panama, has been a community activist explosion went off, Gertson rushed to the aid OF OHIO and civic leader for more than 40 years. Cur- of his wounded Company Commander, taking IN THE HOUSE OF REPRESENTATIVES rently, he is the New York State Democratic him to a nearby field hospital. Gertson’s cour- Tuesday, April 12, 2005 Committeeman (District Leader) for the 40th age and leadership were qualities his fellow Assembly District; Chairman of Community soldiers drew strength from and admired. Mr. KUCINICH. Mr. Speaker, I rise today in Planning Board #5, in East New York, Director Gertson told his father he hoped everyone honor and remembrance of Mr. Tom Brazaitis, of Spring Creek Towers Community Center, knew the sacrifices that he and the other sol- dedicated husband, father, author, and friend, and a Certified Meeting Planner. diers were making and asked his father to re- whose brilliant legacy as a journalist and hu- Earl graduated from San Mateo College in mind people that freedom is not free. manitarian has served to elevate the lives of California with a BA degree, specializing in The American people know the sacrifices all who knew him well, including my own. public affairs. A graduate of the National Gertson, like many other soldiers, made to his For more than thirty-two years, Mr. Brazaitis’ Housing Center Institute in Washington DC, country and his memory will not be in vain. I poignant commentary and piercing assess- he also attended NYU Real Estate Institute. am proud to honor Specialist Gertson’s serv- ment of our nation’s political and social scene He is a member of the Starrett City Spring ice to the state of Texas where he entered the graced the pages of Ohio’s largest newspaper, Creek Lions Club, Brooklyn Borough Presi- service, and to the United States of America. the Cleveland Plain Dealer. His compassion, dent’s Board, East Brooklyn Empire Zone, He will not be forgotten. deep intellect and consistent ability to glean Black Meeting Planners of America, and East f the heart of a story and have it ready under New York Hispanic Coalition. He has also deadline amazed his colleagues. He was KELLER HIGH SCHOOL WINS chaired many Lions’ activities within the dis- known for his quick wit, compassionate heart, STATE ACADEMIC DECATHLON trict, region, New York State, and internation- progressive mindset and his seemingly effort- ally. Earl has received many citations and less ability to stay calm and cool amidst the HON. MICHAEL C. BURGESS awards from Lions Clubs International includ- fiery pressure of the busy newsroom. Mr. OF TEXAS ing a Presidential Medal; three Presidential Brazaitis’ compelling editorials consistently IN THE HOUSE OF REPRESENTATIVES Leadership Medals; nine International Exten- garnered strong responses from his readers, Tuesday, April 12, 2005 sion awards; a Melvin Jones Fellow; Leader- both pro and con. Yet his integrity was unwav- ship Citations from New York City Mayors Ed Mr. BURGESS. Mr. Speaker, It is my great ering and he never compromised his personal Koch and David Dinkins, and Community honor to recognize the outstanding achieve- convictions or viewpoints, regardless of pop- Service Awards from New York City Council, ments of the Keller High School Academic De- ular opinion. Mr. Brazaitis was highly trusted, New York State Senate and Assembly. cathlon team from Keller, Texas located in the respected and admired by his colleagues and 26th Congressional District of Texas. Earl Williams and his wife Ruth, who have those of us in the political arena. Whether Keller High School won the state level Aca- been married for more than 40 years, are the interviewing a small town council member or demic Decathlon competition out of a field of having dinner with a powerful publisher, Mr. parents of two children, Jacqueline Denise, an 40 teams. The Keller High School HS team Brazaitis treated everyone with the same re- attorney, and Mark (deceased) and the grand- brought home 22 team medals and 28 indi- spect, dignity and kindness. He built strong parents of Marrissa. Earl is a communicant of vidual event medals from the large school divi- bonds with the public, strengthened by integ- St. Lawrence Roman Catholic Church and sion. In addition, Keller senior Xiaochu ‘‘Chu’’ rity and trust, and gave Greater Clevelanders serves in the ministry of hospitality. Song earned the highest overall score at the an insightful and balanced perspective into the Mr. Speaker, Earl Williams has been a lead- competition. local and national political scene. er in his community and has taken on numer- Having won the Texas State Academic De- Mr. Brazaitis’ courage and grace was re- ous roles and responsibilities to serve others. cathlon, team members Alex Dang-Tran, Tyler flected throughout his battle with cancer, a As such, he is more than worthy of receiving Gibson, Van Hoang, Jeff Marthers, Spencer battle that he openly shared with his readers. our recognition today and the award of Civic Scherer, Brandon Simmons, Chu Song, Jen- From his initial diagnosis, through every stand- Humanitarian of the Year. Thus, I urge my col- nifer Swegler and Joey Wilkinson will rep- ard and experimental treatment, Mr. Brazaitis’ leagues to join me in honoring this truly re- resent the State of Texas at the National Aca- straightforward descriptions of his cancer ex- markable person. demic Decathlon in Chicago.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.005 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E607 The team has been strongly competitive for eral Hospital and St. Luke’s Hospital in Cleve- derful example of how dedication and perse- the past 10 years, but this is the first time in land. Dr. Balraj began her work in the Cuya- verance can lead to success. As such, he is its 20 years of existence that the Keller High hoga County Coroner’s Office as Deputy Cor- more than worthy of receiving our recognition School Academic Decathlon team has ad- oner and Pathologist. In 1987, following the today and the award of Lion of the Year vanced to the national arena. These bright retirement of Coroner Dr. Samuel R. Gerber, Award. Thus, I urge my colleagues to join me young students are coached by Vicki Whitaker she was appointed Coroner of Cuyahoga in honoring this truly remarkable person. and Kaye Blevins. County. Dr. Balraj was elected Coroner in No- f I wish them the best of luck at they compete vember of 1988, and has been re-elected ever IN MEMORY OF ARMY SGT. April 14–16 at the national level. I am proud since. DANIEL TORRES to represent such gifted students and dedi- Dr. Balraj’s unwavering focus and energy is cated teachers. reflected every day throughout this office. Be- f yond supervising a multi-million dollar budget HON. KAY GRANGER and a workforce of 87, she often leads cross- OF TEXAS STATEMENT HONORING HEATHER agency teams in uncovering answers for law IN THE HOUSE OF REPRESENTATIVES MEYER, WINNER OF THE 2005 enforcement officials, and most significantly, Tuesday, April 12, 2005 LEGRAND SMITH SCHOLARSHIP for families who grieve the death of their loved Ms. GRANGER. Mr. Speaker, I rise today to one. Dr. Balraj’s integrity, combined with her honor the courage of a young hero from my HON. JOHN J.H. ‘‘JOE’’ SCHWARZ sense of calm and precision, has elevated the district. On February 4, 2005, the Department OF MICHIGAN work and mission throughout the Coroner’s of Defense declared that Sergeant Daniel IN THE HOUSE OF REPRESENTATIVES Office. She broke the glass ceiling for women Torres (United States Army, 3rd Infantry Divi- Tuesday, April 12, 2005 by successfully carving a path into an area of sion) was killed in the line of duty when a science and medicine where women were vir- roadside bomb exploded near his vehicle 140 Mr. SCHWARZ of Michigan. Mr. Speaker, tually non-existent before. miles north of Baghdad. Torres enlisted in the let it be known, that it is with great respect for Mr. Speaker, please join me in honor and army following 9–11 and was planning to save the outstanding record of excellence she has recognition of Dr. Elizabeth K. Balraj. Her in- up for college. He wanted to study marketing compiled in academics, leadership, and com- tellect, wisdom, leadership, quiet determina- and international business and also had munity service, that I am proud to salute tion, and above all, her compassion and heart, dreams of becoming a police officer. Heather Meyer, winner of the 2005 LeGrand all serve to offer answers to members of law His friends describe Torres as spiritual, Smith Scholarship. This award is given to enforcement, and most importantly, closure, someone who encouraged his friends to stay young adults who have demonstrated their solace and peace within the minds and hearts strong when they were down, and who was a true commitment to playing an important role of families and individuals within Cuyahoga role model to his peers. in our Nation’s future. County. He was also devoted to his family. He As a winner of the LeGrand Smith Scholar- f played catch with his younger sister Christina ship, Catherine is being honored for dem- to help her improve her softball skills, which onstrating the same generosity of spirit, intel- A TRIBUTE TO CARLOS CASTILLO she says played a part in her recently receiv- ligence, responsible citizenship, and capacity ing an athletic scholarship to a community col- for human service that distinguished the late HON. EDOLPHUS TOWNS lege in Louisiana. He also had just found out LeGrand Smith of Somerset, Michigan. OF NEW YORK that he was about to become a father and was Heather is an exceptional student at IN THE HOUSE OF REPRESENTATIVES ecstatic at the prospect. Addison High School. Aside from being one of Torres had been deployed to Iraq at the be- Tuesday, April 12, 2005 the highest in her class academically, Cath- ginning of the war and remained there for erine possesses an outstanding record of Mr. TOWNS. Mr. Speaker, I rise in honor of seven months before his unit was sent back achievement. She has been very active in the Carlos Castillo who is being honored at the home. Torres’ unit was deployed again to Iraq National Honors Society, Girls State, FFA and Brooklyn Caribe Lions Club dinner dance as this January for another tour. Torres’ father 4–H, as well as other community and school ‘‘Lion of the Year.’’ said his son had a gut instinct that he might activities. She has also devoted a great deal Carlos Castillo, an outstanding Lion mem- not return home this time and told his family of her time volunteering to help others. ber, was born in Myaguez, Puerto Rico. Upon at Christmas that if he didn’t return home, he On behalf of the United States Congress, I graduating high school in 1959, he originally would die doing what he was called to do. He am proud to join her many admirers in offering came to New York for just two weeks. How- told his parents that he was fighting for the our highest praise and congratulations to ever, those two weeks ended lasting a life- children or Iraq, so that they and other Iraqis Heather Meyer for her selection as winner of time. He got into the supermarket business his age could have a better life and a better the 2005 LeGrand Smith Scholarship. This and continued that venture for 40 years. future. He also told them to be strong and honor not only recognizes her efforts, but also Through his work, he has become a highly have faith in God. is a testament to her parents, teachers, and recognized and distinguished individual in his It is qualities of incredible courage, strength other individuals whose personal interest, industry. In 1989, his efforts were recognized and pride in serving his country that we see in steadfast support, and active participation con- with the Businessman of the Year Award. young heroes like Daniel Torres that makes us tributed to her success. To this remarkable Also, in 1991 he received the Outstanding appreciate the freedoms we have here at young woman, we extend our most heartfelt Puerto Rican Professionals Award from the home. I am proud to honor Sergeant Torres’ good wishes for all her future endeavors. Office of the New York City Council President, service to the state of Texas where he entered the service, and to the United States of Amer- f the Honorable Andrew Stein. In addition to his accomplishments as a ica. He will not be forgotten. IN HONOR OF DR. ELIZABETH K. businessman, he is also a noted humanitarian. f BALRAJ Carlos joined the Brooklyn Caribe Lions Club INTRODUCTION OF THE INSULAR in 1984 and has always had an eye on help- AREAS TAX CREDIT ACT HON. DENNIS J. KUCINICH ing those in need. Throughout his tenure with OF OHIO the Lions, he has received the Lion of the Year Award, the 100% President Award, the HON. MADELEINE Z. BORDALLO IN THE HOUSE OF REPRESENTATIVES OF GUAM Melvin Jones Award, and the prestigious IN THE HOUSE OF REPRESENTATIVES Tuesday, April 12, 2005 Uplinger Award. Mr. KUCINICH. Mr. Speaker, I rise today in He is also a devoted father and an all Tuesday, April 12, 2005 recognition of Cuyahoga County Coroner, Dr. around exceptional family man. He has been Ms. BORDALLO. Mr. Speaker, today I am Elizabeth K. Balraj, as she is recognized by married to his wife Astrid, for 40 years, and to- introducing legislation that would resolve an the Cuyahoga County Democratic Party for gether they have raised three successful chil- issue of tax compliance between the United her outstanding service to our community. dren: Charles Jr., Sandra, and Nelson. He is States Department of the Treasury and the In 1966, following her studies to become a the proud grandfather of Michael, Taylor, Ivan, governments of Guam and the United States physician and surgeon, Dr. Balraj left her and Carlos Luis. Virgin Islands. This legislation addresses con- homeland of India to immigrate to the United Mr. Speaker, Carlos Castillo has been a cerns regarding the coordination of the pay- States. She practiced medicine at Akron Gen- leader in his community and has been a won- ment of the Earned Income Credit, EIC, and

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.009 E12PT1 E608 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 Child Tax Credit, CTC, to qualifying taxpayers Mr. Reklinski began working as a Claims pilot projects on Cancer and Shigellosis in the within these jurisdictions. Representative for the SSA in 1973. He quick- culturally rich Hasidic Jewish community. They The tax codes of Guam and the Virgin Is- ly ascended through the ranks, and by 1980, also have been instrumental in providing treat- lands mirror that of the Internal Revenue he was promoted to the position of Operations ment to those suffering from the adverse ef- Code, IRC, and taxpayers in these jurisdic- Supervisor at the Painseville office. In 1987, fects of tobacco as well as being involved in tions file their annual returns with their respec- he returned to the Cleveland office as Oper- collaborative efforts witl1 other not-for-profits tive local departments of revenue and taxation ations Supervisor, and moved to the west side to providing for the overall betterment of the in lieu of filing with the Internal Revenue Serv- office in 1994. Mr. Reklinski’s expertise, dili- Williamsburg community. ice. The revenue and taxation departments of gence and keen understanding of the com- Mr. Speaker, I believe that it is incumbent Guam and the Virgin Islands must incorporate plexities of our Social Security system, en- on this body to recognize the achievements of all provisions of the IRC related to individual abled him to provide solutions for countless in- the United Jewish Organizations of Williams- and business taxes for their respective tax- dividuals, children and families in critical need burg. After the destruction and decimation of payers, including provisions authorizing tax of assistance. many Hasidic dynasties in Europe during the credits such as the EIC and the CTC. Reve- Beyond his outstanding service to his con- Holocaust, it is truly an inspiration to see the nues are retained by local treasuries, which stituents, Mr. Reklinski forged solid bonds with Hasidic sects of Satmar, Pupa, Vishnitz, Vien, they may use to cover the costs of operating community leaders and agencies. He served Tzelem, Skver, Klausenberg and Spinka join local government agencies and providing for as an invaluable contact for my Congressional together under the umbrella of The United public services. Staff, and his work reflected diligence and Jewish Organizations of Williamsburg and call The coordination of the EIC and CTC is heart, enabling my Congressional Staff to as- Brooklyn their home. problematic because it requires the treasuries sist our constituents and their families when Mr. Speaker, may our country continue to of Guam and the Virgin Islands to pay ‘‘re- needed. benefit from the civic actions of The United fundable’’ portions of these credits, or those Mr. Speaker and Colleagues, please join me Jewish Organizations of Williamsburg and amounts that exceed an individual taxpayer’s in honor, gratitude and recognition of Mr. Ted community groups similar to them. total tax liability. While I support the EIC and Reklinski, for his exceptional work and advo- f CTC and believe that low-income taxpayers in cacy on behalf of the citizens of our Cleveland my district should be able to receive this form HONORING THE 2005 ALICE PAUL community. His integrity and expertise, and EQUALITY AWARD RECIPIENTS of tax relief, requiring the treasuries of Guam more importantly, his sincere concern for oth- and the Virgin Islands to cover all ‘‘refundable’’ ers has uplifted the lives of countless citizens HON. ROBERT E. ANDREWS portions of these credits constitutes an un- throughout our District. funded federal mandate. In theory, the amount OF NEW JERSEY of such credit that exceeds an individual tax- f IN THE HOUSE OF REPRESENTATIVES payers total tax liability is meant to offset the A TRIBUTE TO THE UNITED JEW- Tuesday, April 12, 2005 impact of FICA taxes on low-income individ- ISH ORGANIZATIONS OF WIL- Mr. ANDREWS. Mr. Speaker, I rise today to uals. While residents of Guam and Virgin Is- LIAMSBURG honor the recipients of the 2005 Alice Paul lands pay their FICA taxes to the U.S. Treas- Equality Award: Vivian Sanks King, Esquire; ury, the territorial treasuries are tasked with HON. EDOLPHUS TOWNS Jennifer S. Macleod, Ph.D; Ruth B. Mandel, covering the cost of the ‘‘refundable’’ portion OF NEW YORK Ph.D; and the Honorable Sylvia B. Pressler. of this credit out of local revenues. Our IN THE HOUSE OF REPRESENTATIVES These remarkable individuals have helped to cashstrapped treasuries are simply incapable build a more just reality for women in New Tuesday, April 12, 2005 of covering the amount of claimed credit, Jersey and beyond. which constitutes between 6 to 8 percent of all Mr. TOWNS. Mr. Speaker, I rise today in For 20 years, the Alice Paul Institute has tax revenues in Guam. recognition of a distinguished organization, the worked to empower women and girls to be- Congresswoman CHRISTENSEN and I have United Jewish Organizations of Williamsburg. come leaders in their communities, careers, been working on a fair resolution to this matter It is an honor to represent The United Jewish and daily lives. Born in Mt. Laurel, NJ, Alice over the past 2 years. We have worked with Organizations of Williamsburg in the House of Paul was a lifelong advocate for equal rights the Department of the Treasury and the chair- Representatives and it behooves us to pay for women, and led the final campaign for men and ranking members of the House Ways tribute to such a selfless organization. women’s right to vote. She authored and lob- and Means and Senate Finance Committees. Mr. Speaker, The United Jewish Organiza- bied for the Equal Rights Amendment, a much The legislation I am introducing today is simi- tions of Williamsburg was founded in 1966 to needed piece of legislation that would guar- lar to a bill I introduced last year, H.R. 2186, help families in need in South Williamsburg. antee the equality of rights under the law for but with several revisions aimed at facilitating Over the course of its Thirty-Nine years of all persons regardless of gender. implementation. This legislation proposes a service to the Brooklyn community The United The recipients of the 2005 Alice Paul Equal- fair federal-territorial cost sharing arrangement Jewish Organizations of Williamsburg has ity Award have all demonstrated a strong com- which will allow low income citizens in the ter- thrived marvelously where today it represents mitment to advancing women’s equality ritories who pay FICA taxes to realize the more than 50,000 community residents and throughout their lives. Vivian Sanks King, Es- same tax benefits as their counterparts in the 148 not-for-profits, religious, educational, char- quire, currently serving as Vice President of 50 States and the District of Columbia without itable organizations and civic associations in Legal Management and General Counsel of bankrupting the local treasuries of Guam and the Jewish community of Williamsburg, Clinton the University of Medicine and Dentistry of the Virgin Islands. Hill and Bedford-Stuyvesant. New Jersey, is a community leader in the I look forward to working with House Ways Under the tutelage of their President, Rabbi health law field, and is one of the first African- and Means Committee Chairman THOMAS and David Niederman, The United Jewish Organi- American attorneys appointed to head the Ranking Member RANGEL on this legislation. zations of Williamsburg has established itself legal department of a major academic medical f as a direct provider of social and housing center and university. Dr. Jennifer Macleod is IN HONOR OF THEODORE services and is the address for urban plan- an outspoken advocate for women’s equality: REKLINSKI ning, public health and community develop- she is a leader in the fight for the passage of ment services for the Jewish community of the Equal Rights Amendment, and was a co- Greater Williamsburg. founder and first president of the first NOW HON. DENNIS J. KUCINICH The United Jewish Organizations of Wil- chapter in New Jersey. Dr. Ruth Mandel, cur- OF OHIO liamsburg, has been a leader in providing low- rently the Director of the Eagleton Institute of IN THE HOUSE OF REPRESENTATIVES income housing to the Williamsburg commu- Politics at Rutgers University, teaches and Tuesday, April 12, 2005 nity. Their most recent project includes the de- writes about U.S. women’s political leadership, Mr. KUCINICH. Mr. Speaker, I rise today in velopment of a waterfront property at the site and has received numerous distinctions for honor and recognition of Theodore ‘‘Ted’’ of the former Schaeffer Brewery, which has her extraordinary public service. The Honor- Reklinski, upon the occasion of his retirement 149 housing units reserved for low-income able Sylvia Pressler, recently retired, served after more than 30 years of dedicated service people. Additionally, they are the central ad- as the presiding judge for administration of the with the Social Security Administration, where dress for the New York State and New York Appellate Division of the Superior Court of he worked diligently on behalf of the citizens City Departments of Health and the Center for New Jersey. She was the first female appel- of our community. Disease Control in researching and conducting late law clerk and the second woman ever to

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.014 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E609 serve on the appellate court. These four re- HONORING THE BERKELEY POLICE A TRIBUTE TO SOUTHERN CALI- markable women deserve our thanks for their DEPARTMENT FORNIA PRESBYTERIAN HOMES outstanding work on behalf of women in New Jersey and everywhere. HON. ADAM B. SCHIFF Mr. Speaker, there remains today an equal- HON. BARBARA LEE OF CALIFORNIA ity gap between women and men that con- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES tradicts the basic principles of our great Na- IN THE HOUSE OF REPRESENTATIVES Tuesday, April 12, 2005 tion. With the tireless efforts of the Alice Paul Institute and the 2005 Alice Paul Equality Tuesday, April 12, 2005 Mr. SCHIFF. Mr. Speaker, I rise today to Award honorees, this gap is being closed. I congratulate Southern California Presbyterian thank all those who have sought a more just Ms. LEE. Mr. Speaker, I rise today to honor Homes for 50 years of providing outstanding America through the advancement of equality the Berkeley Police Department of Berkeley, housing and health care services to older for women, and encourage my colleagues to California on the occasion of its 100th year of adults throughout Southern California. support this cause in the U.S. Congress. To- service. Southern California Presbyterian Homes, a gether we can continue to create better oppor- At the time of its founding over a century nonprofit corporation, was founded in 1955, as tunities for all women. ago, the Berkeley Police Department was a a mission outreach of the Presbyterian pioneering institution. Led by August Vollmer, Church, to provide quality housing, health, and f who was elected Town Marshall in 1905 and support services for senior citizens regardless appointed as Berkeley’s first Chief of Police in of faith, race, income, or ethnicity. The organi- IN HONOR OF THE GOLDEN JUBI- 1909, the Berkeley Police Department become zation is dedicated to serving the needs of LEE OF SISTER MARY HELEN known for its innovative management and law seniors that enrich the physical, social, and JACZKOWSKI enforcement methods, and its practices were spiritual dimensions of their lives. adopted by other departments nationwide. Southern California Presbyterian Homes has grown from its humble beginnings of one con- HON. DENNIS J. KUCINICH Chief Vollmer is considered by many to be tinuing care retirement community in La Jolla the father of modem law enforcement. He was OF OHIO in 1955 to 38 facilities in 2005 and serving one of the first officials to institute the use of over 3,300 senior citizens. There are con- IN THE HOUSE OF REPRESENTATIVES a basic records system, scientific investigation, tinuing care retirement communities, like Royal and motorcycle patrols as law enforcement Tuesday, April 12, 2005 Oaks Manor in Bradbury and Windsor Manor methods. He sought police officers with good in Glendale, that provide multi-level care from Mr. KUCINICH. Mr. Speaker, I rise today in educations, worked with U.C. Berkeley to es- independent living through skilled nursing. honor and recognition of Sister Mary Helen tablish a police school, and also established Kirkwood of Glendale is an assisted living fa- Jaczkowski, upon the joyous occasion of her the department’s Law Enforcement Code of cility that provides a residential alternative to 50th Jubilee Year. As she has for half a cen- Ethics, which prohibited officers from receiving older adults who currently reside in a nursing tury, Sister Mary Helen continues to serve in gratuities and from smoking on duty, and also home or their own homes, and need assist- dedicated and holy ministry, a ministry of faith required them to use as little force as possible ance with activities of daily living and special- that focuses on the children, seniors and fami- in making arrests. ized dementia care. Affordable housing facili- lies of our community. She teaches by exam- In addition to these innovations, Chief Voll- ties such as Rosewood Court in Pasadena, ple, and her words and deeds, reflecting kind- mer was also one of the most progressive fig- Casa de la Paloma, The Gardens, Otto ness, compassion and love, radiate strength ures in law enforcement during his time. He Gruber House, Palmer House, and Park and hope within the hearts of many, including recruited the first female and African American Paseo in Glendale provide excellent living op- my own. officers to the force in Berkeley, and also be- portunities and support services for senior with Inspired by a true calling of spiritual and hu- came a prominent opponent of the death pen- limited incomes. Southern California Pres- manitarian duty, Sister Mary Helen began her alty. byterian Homes also provides home and com- ministry with a strong foundation in education. In the years since its remarkable founding, munity-based services through its adult day She started her life-long career in education the Berkeley Police Department has continued health care center and through Southern Cali- by teaching third, fourth and fifth grade stu- to serve the public with courage and compas- fornia Presbyterian Homes Home Care. dents at St. John Cantius School. Sister Mary sion, working to protect the residents of Berke- I am proud to recognize Southern California Helen taught at various parochial schools ley and also to become involved in the com- Presbyterian Homes for its 50 years of com- throughout Cleveland and Northeastern Ohio, munity. In addition to its establishment of the passionate care to senior citizens in Southern and also held leadership roles as assistant charitable Christmas in April program in 1991 California and I ask all Members to join me in principal and principal. To fortify her knowl- and other community service projects, the De- congratulating Southern California Pres- edge and educational expertise, Sister Mary partment has also made a sustained effort to byterian Homes for their remarkable achieve- Helen earned a Master’s degree in Education establish an effective model for community-in- ments. along the way. Today, she continues her edu- volved policing. f cational ministry and leadership as assistant Furthermore, the Berkeley Police Depart- TRIBUTE TO CAPTAIN SEAN principal at Immaculate Conception School in ment has devoted considerable resources to GRIMES Cleveland’s Slavic Village neighborhood. the development of other programs of dire im- As a long-time social activist, Sister Mary portance, such as the Domestic Violence Unit, Helens’ unwavering dedication, focused on im- Youth-Police Workshops with Beat Officers, HON. JOE KNOLLENBERG OF MICHIGAN proving the lives of those around her, is clear- the Citizens’ Academy and Toys 4 Tots with ly reflected throughout our Cleveland neigh- Marines. In recent years, the department has IN THE HOUSE OF REPRESENTATIVES borhoods, from Tremont to Slavic Village and received grants from the Department of Jus- Tuesday, April 12, 2005 beyond. In Slavic Village, Sister Mary Helen tice, the Office of Traffic Safety and others to Mr. KNOLLENBERG. Mr. Speaker, today I led the restoration effort to transform the long- institute innovative public safety reforms, and join the people of the 9th Congressional Dis- since abandoned Harvard School into an af- in 2003 reported the city’s lowest violent crime trict and the State of Michigan in honoring the fordable, warm and secure place to call home rates since 1974. passing of an American hero and patriot, Cap- for senior citizens, now known as the Harvard On April 7, 2005, the Berkeley Police De- tain Sean Grimes, who lost his life in the line Village Senior Apartments. partment will be holding its centennial celebra- of duty in Iraq on March 4th. Captain Grimes Mr. Speaker and Colleagues, please join me tion. I would like to take this opportunity to was assigned to the U.S. Army’s 1st Infantry in honor and celebration of the Golden Jubilee commend and thank those who have given of Battalion, 9th Infantry Regiment, 2nd Brigade of Sister Mary Helen Jaczkowski. Her commit- themselves to serve the public through their Combat Team where he served with distinc- ment, kindness and caring for the people of work with the police force. I congratulate the tion as a Combat Medic. At the time of his our community, from our children to our elder- Berkeley Police Department for 100 years of passing, Sean Grimes was 31. ly, has served to lift the spirits of countless in- invaluable service, and salute its officers for A Bloomfield Hills native, Captain Grimes dividuals, and continues to radiate faith, hope their tireless efforts to make our community a graduated from Lahser High School in Bloom- and light throughout our entire community. safer, better place. field Hills in 1991. Shortly after graduating

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.017 E12PT1 E610 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 from high school Sean enlisted in the Army standing work in solving cases and helping in- Benefits and services offered by the Asso- Reserve serving as an enlisted man for four dividuals and families who needed assistance. ciation include employee development, net- years. His love of the Army prompted him to Over the years, Detective Hamilton has been working, scholarship opportunities, commu- enroll in the Reserve Officers Training Corps duly recognized with numerous awards and nications, and celebration of Asian Pacific con- (ROTC) while pursuing a Bachelor of Science commendations for his exceptional police tributions. At the present time, the Asian Pa- degree in Nursing at Michigan State Univer- work, yet these honors held little personal sig- cific State Employees Association has over sity. In 1997 he graduated from MSU and was nificance to him. His family, friends, fellow offi- 1,000 members statewide, which includes the commissioned as a Distinguished Military cers and the people of our community have al- Southern, Central Valley, and Bay Area chap- Graduate. His efforts and desire to provide the ways been, and continue to be, his motivating ters, and officers frequently serve on legisla- best medical care to soldiers led him to the force. A true believer in giving back to the tive fact-finding committees, and provide testi- Brooke Army Hospital at Fort Sam Houston in community, Detective Hamilton continues to mony before the legislative committees re- Texas in 2003, whereupon he graduated from volunteer his time as a member of the Cleve- garding advocacy and affirmative action poli- the Army’s Physician Assistant Course. land Police Patrolman’s Association and as an cies. Until the day of his death, Captain Grimes elder with his church, Grace Lutheran in Lake- I would like to acknowledge and congratu- displayed a sense of service not only to his wood, where he is actively involved in commu- late the evening’s special honoree, fellow soldiers, but to his fellow man, helping nity children’s programs. Assemblywoman Judy Chu. Judy’s distin- civilian Iraqis in need of medical care. We may Mr. Speaker and Colleagues, please join me guished career and her commitment to advo- never really know the full impact his selfless in honor and celebration of Cleveland Police cate for the interests of Asian American state acts may have had on the lives of his fellow Detective Maurice Hamilton, as we reflect employees make her a most deserving recipi- soldiers and civilians he came into contact upon twenty-five years of his significant serv- ent of special praise and recognition with. But the manner and character in which ice to the citizens of Cleveland. Detective Mr. Speaker, the Asian Pacific State Em- he fulfilled his duties tells us that he indeed Hamilton’s compassion for others, integrity, ployees Association has evolved into a leading made a difference in the lives of others and expertise, and focus on protecting his constitu- organization within the state, a dynamic force that that difference was for the better. These ents in Cleveland have all served to elevate striving to improve the quality of life of its efforts have been recognized by the Army the lives of countless families and individuals members and the general community. I am through a variety of medals Captain Grimes within our community. We wish Detective confident that the Asian Pacific State Employ- received during his career, culminating in Hamilton, his wife, Joyce Hamilton, and their ees Association will continue to do great work being awarded the Bronze Star and Purple entire family many blessings of peace, health and yield tremendous benefits to the Asian Heart posthumously. and happiness as they journey from this day Pacific Islander state workers of California. I Captain Sean Grimes exemplified what is onward. ask all my colleagues to join me in wishing the best about the American soldier, devotion to f Asian Pacific State Employees Association duty above self, tireless dedication to his fel- continued success in the future. 30TH ANNIVERSARY OF THE ASIAN low soldiers and most importantly a driving de- f sire to protect the freedoms we cherish so PACIFIC STATE EMPLOYEES AS- dearly. While he will certainly be missed most SOCIATION SERGEANT FIRST CLASS PAUL by his family, his sacrifice will not be forgotten. RAY SMITH’S MEDAL OF HONOR Captain Grimes paid the ultimate price both to HON. DORIS O. MATSUI protect the freedoms we exercise daily and to, OF CALIFORNIA HON. MICHAEL BILIRAKIS bring those same freedoms to people who IN THE HOUSE OF REPRESENTATIVES OF FLORIDA have never experienced true liberty. Today we Tuesday, April 12, 2005 IN THE HOUSE OF REPRESENTATIVES honor his memory and may we never forget Tuesday, April 12, 2005 his sacrifice. Ms. MATSUI. Mr. Speaker, I rise in tribute to an organization with a great record of serv- Mr. BILIRAKIS. Mr. Speaker, it is my privi- f ice to the Sacramento Region. For the past lege to rise today to honor one of our nation’s IN HONOR OF CLEVELAND three decades, the Asian Pacific State Em- bravest servicemembers, Sergeant First Class DETECTIVE MAURICE HAMILTON ployees Association has worked tirelessly to Paul Ray Smith. Tragically, Sgt. Smith lost his protect and advance the interests of Asian life two years ago while serving in Operation HON. DENNIS J. KUCINICH American state employees. As the Asian Pa- Iraqi Freedom. For his valor, Sgt. Smith on OF OHIO cific State Employees Association hosts its Monday was awarded the Congressional IN THE HOUSE OF REPRESENTATIVES 30th Anniversary celebration on April 28, Medal of Honor. 2005, I ask all my colleagues to join me in sa- The Medal of Honor is this nation’s highest Tuesday, April 12, 2005 luting the Asian Pacific State Employees As- military honor and is awarded in the name of Mr. KUCINICH. Mr. Speaker, I rise today in sociation, one of the Asian Pacific Islander Congress by the President of the United honor and recognition of Detective Maurice community’s most important service organiza- States. Before Sgt. Smith, only 3,459 men and Hamilton, Badge # 758, in celebration of his tions. women, who have distinguished themselves, recent retirement from the Cleveland Police The Asian Pacific State Employees Associa- at the risk of life, above and beyond the call Department, after twenty-five years of dedi- tion, formerly known as the Asian State Em- of duty, have received the Medal of Honor cated and honorable service to the force and ployees Association, was founded in 1975 for since its inception in 1861. to the citizens of Cleveland. the purpose of working toward achieving equal Sgt. Paul Smith is the first recipient of the Prior to joining the Cleveland Police Depart- opportunity within the state work force through Medal of Honor for service in Operation Iraqi ment in 1980, Detective Hamilton worked for professional development and community em- Freedom. He also is the first to receive this the Cuyahoga County Sheriff’s Department. powerment. The Association’s vision is one of great distinction since it was awarded post- He began basic patrol in Cleveland’s Sixth Asian Pacific state employees serving, en- humously in 1993 to two soldiers who died District on May 29, 1980. In 1986, Detective hancing, and leading state government and fighting in Somalia. Hamilton was needed on basic patrol in the their community. Mr. Speaker, on July 12, 2004, this body First District. By 1989, he was promoted to Objectives adopted by the Association in- approved legislation, signed by the President, Detective, working within the First District clude advocating for Asian Pacific Islander to name a post office in Holiday, Florida, the Strike Force, then the First District Detective state employee interests; providing an Asian ‘‘Sergeant First Class Paul Ray Smith Post Of- Bureau in 1992. Pacific network for its members and employ- fice.’’ On that date, I first spoke about Sgt. Throughout his committed public service as ers; advancing personal and professional de- Smith’s heroic actions. On April 4, 2003, out- protector and guardian of the residents of our velopment of its membership; consulting with side of Saddam International Airport in Bagh- community, Detective Hamilton maintained the members facing adverse action or other em- dad, Sgt. Smith’s unit, the Bravo Company of highest level of integrity, grace and skill. He ployment problems; working with the commu- the 11th Engineer Battalion of the 3rd Infantry, developed strong and trusted bonds with col- nity to promote career opportunities, profes- was tasked with securing a prison for Iraqi leagues, neighborhood leaders, members of sionalism, cultural pride, self-esteem, and citi- prisoners of war at the Baghdad airport. Cleveland’s court system and members of the zenship; and providing services and inter- While Sgt. Smith and his men were working FBI. His expertise, unwavering focus, and change with community, academic, and busi- in the POW prison, they spotted members of compassion for others reflected in his out- ness groups. the Republican Guard nearby. Sgt. Smith

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.021 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E611 called for a Bradley fighting vehicle, which was admired by all, Mrs. Craciun was godmother tribes unlimited access to new housing funds at a nearby roadblock, and he prepared his to twenty-eight children. even if they are still using funds from previous men for engagement. Sgt. Smith took charge Equipped with a compassionate heart, sharp years. and led the effort while they waited for the mind and even sharper focus on the neighbor- Importantly, this bill also amends the Na- Bradley, which would bring an intimidating fire hood she loved, Mrs. Craciun’s efforts fostered tional Affordable Housing Act to provide tribes force. hope and possibility throughout the Dentroit- eligibility for Youthbuild grants, which they Even though Sgt. Smith and his men were Shoreway neighborhood, where she lived her were unfairly denied when NAHASDA was outnumbered by more than two to one, they whole life. She was a founding member and created in 1996. continued to fight back. Without concern for trustee of the Detroit-Shoreway Community This legislation conveys the intent of Con- his own life, Sgt. Smith jumped on an Army Development Coalition, leading the charge to gress that all Americans, including our first vehicle and began firing a .50 caliber machine restore the neighborhood with housing, eco- Americans, are entitled to the American gun. He fired and reloaded and continued to nomic and social initiatives. Her efforts to help dream. fire, killing 50 enemy soldiers until he was shot others spanned every barrier, and touched the I am proud to speak in strong support of this and killed. lives of countless people and family. Mrs. important initiative to help more Native Ameri- Sgt. Smith’s efforts saved the lives of all of Craciun raised over $100,000 for the Snow- cans achieve the American dream. his men and the more than a hundred Amer- flake Program, used to decorate the neighbor- f ican soldiers in the surrounding area. For Sgt. hood during holidays. She volunteered her Smith, this was his job. In a letter he wrote to time as a literacy tutor, was president of the TRIBUTE TO DORIT AND SHAWN his family, which he never mailed, he said, ‘‘It PTA at St. Edward’s High School, and served EVENHAIM doesn’t matter how I come home, because I on many boards, including St. Augustine am prepared to give all that I am, to ensure Manor and the Westside Substance Abuse HON. BRAD SHERMAN that all my boys make it home.’’ Task Force Project. OF CALIFORNIA Mr. Speaker, the Medal of Honor will never Her humble nature precluded her from rev- IN THE HOUSE OF REPRESENTATIVES bring Sgt. Smith back to his family. He will not eling in awards and accolades. However, her Tuesday, April 12, 2005 be able to play baseball with his son David. outstanding service was recognized by others. He will not be able to walk his daughter Jes- She was the recipient of many awards that Mr. SHERMAN. Mr. Speaker, I rise today to sica down the aisle when she gets married. highlighted her humanitarian efforts, including pay tribute to Dorit and Shawn Evenhaim for He will no longer be able to kiss his wife Birgit the 2004 Father Marino Frascati Neighbor- their dedicated efforts to improve the quality of goodnight. But because of his unyielding cour- hood Champion Award, and the Giuseppe T. life in our community. Throughout their lives age, his ‘‘boys’’ will have that chance with Fiocca Award, presented to her in 1998. Dorit and Shawn have contributed countless their families. Mr. Speaker and Colleagues, please join me hours of community service by supporting var- Since Sgt. Smith’s death, Iraq has been lib- in honor and remembrance of Yolanda ious organizations and effectively leading sev- erated from a brutal dictator, had democratic Craciun. She lived her life with joy, energy and eral groups. Their ongoing service to the San elections, and is now a beacon for freedom in unwavering service to others. I extend my Fernando Valley is truly immeasurable. and hope for all Middle East countries. The deepest condolences to her many friends and Dorit and Shawn’s strong desire to serve United States is safer today than we were be- family members, especially her children: Jean, the community dates back to their native fore the fall of Saddam. I know that without Mary, John, Joseph and James; and her Israel. They both grew up in Southern Israel in the actions of Sgt. Smith and others like him, grandchildren and sister. Her eternal faith in working class neighborhoods. Although they this goal could not have been achieved so humanity and in the notion that together, we came from modest backgrounds, the principles promptly. Sgt. Smith’s life was not lost in vain. can make a positive difference, will continue to and obligations of the Tzedakah were instilled We are truly honored to have had a man serve as an unending force of light, hope and at an early age. This is the Jewish ideal of such as Sgt. First Class Paul Ray Smith serve possibility, throughout the Detroit-Shoreway aiding those who are less fortunate. This com- in our nation’s military. He has become an in- neighborhood and beyond. mon bond that Dorit and Shawn shared grow- ing up together eventually flourished into a ro- spiration to all men and women of the Armed f Forces. His story will forever resonate in the mance as they served their military respon- history of this great nation and his name and NATIVE AMERICAN HOUSING sibilities in Israel. legacy will never be forgotten. May God bless ENHANCEMENT ACT OF 2005 Shortly following their military service they the Smith family and continue to watch over ventured to the United States with hopes of SPEECH OF the country Sgt. Smith so loved. new opportunities. Shawn quickly immersed himself in his brother’s painting business. Al- f HON. JOE BACA OF CALIFORNIA though he had only been in the United States IN HONOR AND REMEMBRANCE OF for a short time, by 1992 Shawn became IN THE HOUSE OF REPRESENTATIVES YOLANDA CRACIUN president of a large in-fill development com- Wednesday, April 6, 2005 pany in the San Fernando Valley. Soon after, HON. DENNIS J. KUCINICH Mr. BACA. Mr. Speaker, I rise in strong sup- Dorit encouraged Shawn to open his own de- OF OHIO port of H.R. 797, the Native American Housing velopment firm called California Homes in IN THE HOUSE OF REPRESENTATIVES Enhancement Act of 2005. 1994. California Homes has become one of For too long our Native American brothers the largest in-fill home builders in the Los An- Tuesday, April 12, 2005 and sisters have been treated like second- geles basin. Mr. KUCINICH. Mr. Speaker, I rise today in class citizens. One of the most important construction honor and remembrance of Yolanda Craciun, I believe I speak for everyone when I say projects that Dorit and Shawn have under- loving mother, grandmother, community activ- that Native Americans deserve decent hous- taken was the creation of a new home for the ist, and dear friend and mentor to many. Her ing, a suitable living environment, and eco- Kadima Hebrew Academy in the San Fer- passing marks a great loss for her family and nomic opportunities. nando Valley. A member of Kadima’s Board of friends, and also for the people of Cleveland’s The Native American Housing Enhancement Directors, Dorit was instrumental in convincing west side neighborhood, whom she supported, Act of 2005 is a step towards putting Native Shawn to take on this project. Dorit and promoted and faithfully served. Americans on a fair playing field. Shawn quickly began searching for new inves- Mrs. Craciun’s family, including her late hus- This bill makes changes to the Native Amer- tors who had the resources and desire to es- band, John Craciun, were central to her life. ican Housing Assistance and Self-Determina- tablish a new campus. Not finding the support The great care and love that she showered on tion Act (NAHASDA) which will make better needed, Dorit and Shawn took the search into them extended throughout Cleveland’s west use of resources and provide housing for Na- their own hands. Shawn became aware of a side neighborhood, where Mrs. Craciun led tive Americans through more efficient means. private land auction in West Hills. Shawn, de- many efforts to uplift her neighborhood. The By allowing tribal governments to exercise spite going up against several real estate in- well-being of her community, anchored by her their preference for housing programs through vestors, was the successful bidder, securing parish, Our Lady of Mt. Carmel Church, was the Indian Civil Rights Act, tribes can better di- the facility and the surrounding land. her lifelong focus. Her advice and support was rect these funds to expedite tribal housing. Dorit and Shawn’s efforts not only encom- continually sought by neighbors and neighbor- This bill will also direct the Department of passed the purchase and acquisition of land. hood leaders. Greatly loved, respected and Housing and Urban Development to allow They were also deeply involved in all aspects

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.024 E12PT1 E612 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 of the project, using their contacts to acquire taken on many duties, from serving as branch the country. Additionally, he is developing a all necessary permits to expedite the process. manager to administrator in libraries from Or- movie project and considering writing a book. As a result of Dorit and Shawn’s efforts, San egon State to the cities of Riverside and Los Today, I ask my colleagues to join me in Fernando Valley residents can now take part Angeles. honoring Chuck Wepner for his career in a unique educational experience at the Ms. Wood leaves the Alameda County li- achievements as a boxer. He has proven to newly developed campus. brary system a lot bigger than she found it. be a strong, inspirational force both in and out Mr. Speaker, please join me in recognizing Since being hired as county librarian in 1991, of the ring, and I wish him the best in his fu- Dorit and Shawn Evenhaim, amazing individ- she has helped open two new branch librar- ture endeavors. uals who have dedicated their lives to the bet- ies—in Albany, California in 1994 and Dublin, terment of the San Fernando Valley. California in 2003 and has obtained seed f f funding and a patch of land for a new branch in Castro Valley, California. SMALL BUSINESS TAX IN HONOR OF CUYAHOGA COUNTY The county library system, with over 200 FLEXIBILITY ACT OF 2005 ENGINEER ROBERT KLAIBER full-time employees, also includes branches in Fremont, Newark, Union City and unincor- HON. BARBARA CUBIN HON. DENNIS J. KUCINICH porated San Lorenzo, a bookmobile and serv- OF WYOMING OF OHIO ices for jail and juvenile facility inmates and lit- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES eracy and senior outreach programs. Ms. Wood has overseen a full-scale mod- Tuesday, April 12, 2005 Tuesday, April 12, 2005 ernization of library services and fought to Mrs. CUBIN. Mr. Speaker, one of the most Mr. KUCINICH. Mr. Speaker, I rise today in maintain services through ups and downs in important decisions for the founder of a busi- recognition of Cuyahoga County Engineer funding. She fought for library services not ness is ‘‘choice-of-entity,’’ or the decision to Robert Klaiber, as he is recognized by the only in Alameda County but also throughout operate as a corporation, partnership, limited Cuyahoga County Democratic Party for his the State of California. liability company (LLC), or other form of busi- service to our community. Today’s collections have expanded from ness. In 1999, Mr. Klaiber was appointed to the books and periodicals to include movies, CDs, office of County Engineer. In 2000, he was The law regarding choice-of-entity has DVDs and books on tape. Old card catalogues changed enormously in the last 15 years, par- elected to the office. Mr. Klaiber began his ca- have given way to databases and now vast reer in engineering as a land surveyor and en- ticularly with the widespread adoption of laws Internet services where patrons can research authorizing the creation of the LLC. As a re- gineer consultant. Prior to his acceptance of library holdings day and night. the office of County Engineer, he worked as sult, many small business owners have more Throughout her illustrious career, Ms. Wood ‘‘choice of entity’’ flexibility than ever before. the City Engineer for the City of Strongsville. has demonstrated her longtime advocacy for First authorized in Wyoming in 1977, LLCs Mr. Klaiber’s work, focused on improving our libraries. Her advocacy has made a positive are organized under State law, and are now community’s roadways and bridges, has difference in strengthening many library sys- recognized in all 50 states. In essence, LLCs served to enhance all aspects of our county’s tems for the public’s education and enjoyment. are allowed corporate treatment for local law system of transportation. I join Linda Wood’s colleagues, friends and purposes and partnership treatment for Fed- Mr. Klaiber has been instrumental in assist- admirers in expressing good wishes as she re- eral income tax purpose. LLCs also provide ing my office with infrastructure improvements, tires and thank her for her contributions to our for more than one class of ownership, allowing especially with the railway merger, a project communities through libraries. for increased flexibility to allocate income or that affected the entire southwest region of the f 10th Congressional District. He has consist- losses to different investors. The flexibility and ently demonstrated a high level of energy, IN HONOR OF CHUCK WEPNER protections of the LLC has led to a rapid ex- focus and willingness to assist us in improving pansion in the number of small businesses transportation safety and access for all resi- HON. ROBERT MENENDEZ electing to operate in this manner. In 1995, the Internal Revenue Service (IRS) dents within our community. OF NEW JERSEY adopted the position that general partnerships Mr. Speaker, please join me in honor and IN THE HOUSE OF REPRESENTATIVES recognition of Mr. Robert Klaiber, Cuyahoga could be converted into LLCs with little or no Tuesday, April 12, 2005 County Engineer. His dedicated service and tax effects. Unfortunately, as incorporated enti- expertise, focused on the well-being of the Mr. MENENDEZ. Mr. Speaker, I rise today ties, this does not hold true for small busi- residents of Cuyahoga County, has served to to honor Chuck Wepner for his outstanding nesses operated as subchapter S corporations uplift our entire community. boxing career. (S Corps). f A Bayonne native, Mr. Wepner received no Created in 1958, the S Corp structure al- formal training, practicing at the gym part-time lows for no more than 75 shareholders, can HONORING LINDA WOOD FOR EX- while working as a salesman during the day. issue only one class of stock, and cannot EMPLARY SERVICE AS ALAMEDA In his prime, he was ranked in the top ten have partnerships or corporations as share- COUNTY LIBRARIAN among some of greatest names in boxing, in- holders. Yet, until the rise of the LLC, the S cluding George Foreman, Joe Frazier, and Corp structure provided, for all practical pur- HON. FORTNEY PETE STARK Muhamad Ali. poses, the only way that a small business OF CALIFORNIA Mr. Wepner boasts a feat that few have could enjoy the corporate protections of limited IN THE HOUSE OF REPRESENTATIVES matched: 30 years ago he boxed with liability without being burdened with corporate Muhamad Ali and was able to knock him to taxation. Taxed much the same way as part- Tuesday, April 12, 2005 the mat. Though 36 years old and ranked sev- nerships, many older, family-owned, small Mr. STARK. Mr. Speaker, I rise today to enth at the time, he went a full 15 rounds with businesses operate as S corps. recognize Linda Wood, upon her retirement as ‘‘the Greatest.’’ While Ali eventually won the Clearly, the original intent for creating the S Alameda County, California’s top librarian. March 24, 1975 fight, Mr. Wepner is one of Corp structure was the same reasoning that After 14 years at the helm of the county library only three men to have ever knocked him led to the creation of LLCs—to provide a sim- system, with 10 branches and an annual down. Adding to his achievement is the fact ple and flexible tax category for small and budget of $21 million, Ms. Wood is stepping that Sylvester Stallone used Mr. Wepner’s per- family-owned businesses. However, despite down from an extraordinary career. sonal story of an underdog taking on a prize the similarities to LLCs, S Corps are not grant- She has been working in the library field for fighter as the basis for his ‘‘Rocky’’ movies. ed the same conversion flexibility as other almost 40 years and states, ‘‘I’m proud of my Mr. Stallone acknowledges he used many as- partnership-like entities and are instead accomplishments, but I’m ready to move on to pects of Mr. Wepner’s life in the boxing films. grouped with larger companies under a cum- the next phase of my life.’’ Though retired from the ring, Mr. Wepner bersome corporate structure. My bill would Ms. Wood began her library career re- remains in contact with legends such as Joe modernize the tax treatment of S Corps, allow- shelving books. After earning her degree in li- Frazier, Mike Tyson, and even Sylvester ing them the same choice-of-entity flexibility brary science from the University of Wash- Stallone. Thirty years after his formidable fight, offered to other small businesses operating as ington, she graduated to reference librarian he is busy working as a motivational speaker LLCs. This is a common sense change that is and went up the ladder from there. She has at schools and various organizations across overdue.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.028 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E613 CETS: A NEW TOOL TO COMBAT County, Michigan, on June 8, 1964. The col- farmers. U.B. Kinsey and his colleagues won CHILD EXPLOITATION lege opened in September 1965, with a record that battle, too, and black children were re- community college initial enrollment of 3,860 turned to a nine-month schedule. He went on HON. EARL POMEROY students on two campuses—Highland Lakes, to become assistant principal at Industrial High OF NORTH DAKOTA a renovated hospital in Union Lake, and Au- and, later, the first principal of Palmview Ele- IN THE HOUSE OF REPRESENTATIVES burn Hills, a former Army Nike missile site in mentary. Along the way, Mr. Kinsey estab- lished a scholarship fund that annually pro- Tuesday, April 12, 2005 Auburn Heights. In September 1967, the award-winning Orchard Ridge Campus vides three promising students from low-in- Mr. POMEROY. Mr. Speaker, the exploi- opened. come families $1,000 each to attend college. tation of children online is a grave and grow- Mr. Speaker, during its 40 years, OCC has Over the next half-century, about 30,000 ing threat, both here in the United States and grown in stature and importance, and has children passed through the doors of worldwide. By 2005, more than 77 million of earned its pre-eminent position in the van- Palmview Elementary. The school was later our children and teenagers will use the Inter- guard of training and educating Americans. re-named U.B. Kinsey/Palmview in his honor. net, entering chat rooms and other public on- For example, Oakland Community College’s At one point in his career, U.B. Kinsey was of- line areas, at times instant messaging with fire academy has opened the only facility in fered the opportunity to become an assistant strangers ready to prey on our Nation’s young the Midwest which provides emergency serv- superintendent of schools in charge of busing. people. ices personnel with training in a unique simu- He turned down the offer because he refused Simply put, millions of children and teens lated city, complete with roads and buildings. to take part in the busing of black children to are now at risk of abduction or worse. Here’s The Combined Regional Emergency Services white schools far from their neighborhoods. In more startling data: Training Center (CREST) is comparable to the the 1980s, as drug dealing became a problem 55 percent of children have given their per- FBI’s ‘‘Hogan’s Alley’’ in Quantico, VA. Police near his school, Mr. Kinsey confronted many sonal information (name, sex, age, etc) over and fire departments throughout the region of the dealers and, out of respect for their the Internet. send personnel to the center for extensive former teacher, they stayed away from U.B. One in ten children has met someone face training. OCC is also proud to have among its Kinsey Elementary. to face they previously met online. many successful graduates, Drew Feustel, a After retiring in 1989, he co-founded a non- 37 percent of children say their parents NASA astronaut who began his college stud- profit development company that secured would disapprove if they knew what they did, ies at the Auburn Hills Campus, and eventu- funding to build a low-income housing devel- where they went, or with whom they chatted ally received his Ph.D. in geologic sciences opment near his school. These are just a few on the Internet. before being chosen by NASA as a mission of the remarkable accomplishments of Ulysses 40 percent of children do not discuss Inter- specialist. Bradshaw Kinsey. Generations of African- net safety with their parents. American children have benefited from the In short, the borderless nature of the Inter- I ask my colleagues to join with me today in congratulating Oakland Community College on battles he fought and won to ensure that they net has allowed sexual predators to stalk inno- got a proper education. His efforts are directly cent children and traffic in child pornography 40 years of success in educating students and helping them become an important part of our responsible for the graduation and ascension with near impunity. to higher education of countless black young Fortunately, new technology may provide society and our country, and in wishing OCC 40 more years of outstanding achievement. people. His many victories that advanced the powerful new weapons in law enforcement’s cause of civil rights in general earned him the f arsenal to combat child exploitation: The Child gratitude of African-American citizens through- Exploitation Tracking System, also known as HONORING THE LIFE OF ULYSSES out Palm Beach County. ‘‘CETS.’’ CETS is a computer application de- BRADSHAW KINSEY U.B. Kinsey was a beloved friend of mine. veloped by Microsoft in partnership with Cana- His stature in the education of Palm Beach dian and international law enforcement agen- HON. ALCEE L. HASTINGS County’s children may be matched, but it will cies to help law enforcement tackle the grow- never be exceeded. This very fine gentleman, OF FLORIDA ing problem of online exploitation of children. a truly great American, will be greatly missed IN THE HOUSE OF REPRESENTATIVES This application, which will be provided free of by all who knew him. charge to law enforcement agencies, can help Tuesday, April 12, 2005 f efforts to collaboratively investigate these Mr. HASTINGS of Florida. Mr. Speaker, I HONORING THE BEDFORD GIRLS crimes and bring criminals to justice. rise today to honor the life of Mr. Ulysses VOLLEYBALL TEAM FOR WIN- CETS has been deployed by the Royal Ca- Bradshaw Kinsey, who died on April 2, 2005. NING THE MICHIGAN CLASS A nadian Mounted Police in Canada and can be Mr. Kinsey, known as U.B. to all who loved STATE CHAMPIONSHIP used by all major law enforcement agencies in and respected him, was born on June 27, Canada involved in child exploitation policing. 1918 in Fort White, Florida, one of ten children Discussions between Canadian law enforce- of Henry and Cora Kinsey. The family moved HON. JOHN D. DINGELL ment and US law enforcement agencies have to Palm Beach County when Mr. Kinsey was OF MICHIGAN already taken place, with the hope of deploy- just eight years old. Throughout his life, he IN THE HOUSE OF REPRESENTATIVES ing CETS in the United States. This new tech- was proud of the fact that, although he grew Tuesday, April 12, 2005 nology is also supported by the National Cen- up in segregated times, he never drank from Mr. DINGELL. Mr. Speaker, I rise today to ter for Missing and Exploited Children. ‘‘Colored’’ water fountains. This technology, combined with our efforts pay tribute to the Bedford High School girls’ Barred by law from attending the University volleyball team in honor of its 2005 Class A to educate children about risks online, can of Florida, he could not pursue his dream of help reduce the incidence of online child ex- State Championship. becoming an attorney. Instead, he attended This remarkable group of Kicking Mules cul- ploitation. Florida A&M and became a teacher. After minated a year of fantastic play by toppling f graduation, he returned to Palm Beach County top-ranked Grand Rapids Forrest Hills North- OAKLAND COUNTY COMMUNITY and was hired by his alma mater, Industrial ern in the first ever five-game final to capture COLLEGE’S 40TH ANNIVERSARY High School, where he taught nearly every the championship. These young ladies have subject. At that time, starting white teachers persevered beyond injury and daunting adver- HON. THADDEUS G. McCOTTER were paid $50 more per month than their saries to become the best in the State of black counterparts. One month after starting, OF MICHIGAN Michigan. This is Bedford’s third title in eight U.B. Kinsey and others challenged the school IN THE HOUSE OF REPRESENTATIVES years, and it continues their amazing streak of board over this policy. Future U.S. Supreme 16 straight trips to the state’s Final Four. Tuesday, April 12, 2005 Court Justice Thurgood Marshall argued their Coach Jodi Manore, a graduate of Bedford Mr. MCCOTTER. Mr. Speaker, I rise today case, and they won. High School, has been at the helm of Bed- to join the administrators, faculty, staff and After their own victory, Mr. Kinsey and his ford’s girls’ volleyball team for 21 years. Her students of Oakland Community College as fellow teachers began battling for the rights of sage leadership has built one of the most rig- they celebrate OCC’s 40th anniversary this black students. During World War II, black orous and successful programs in the state. month. children were schooled only seven months a The success of the Bedford volleyball program The Oakland Community College District year, so they could provide cheap labor the is a true credit to her vision and ability as a was established by the electorate of Oakland rest of the time harvesting crops for local coach.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.033 E12PT1 E614 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 The intangible synergy necessary to win the Representative Yates has continued his val- Both nations were faced with seemingly in- State Championship cannot easily be rep- iant service by serving and caring for his wife, surmountable struggles, rising against em- licated. These young ladies have reached the demonstrating his deep affection and the char- pires to claim their rights to life, liberty and the pursuit of happiness. Both nations be- pinnacle of their sport through outstanding acter that is the foundation of every area of came triumphant at the end, because of their athleticism and teamwork. Team members his life. love of freedom. The great American Patriot, Kali Kuhl, Petra Whitcraft, Veronica Rood, Representative Yates has spent his life in Patrick Henry, proclaimed, ‘‘Give me liberty Emily Fahrer, Tara Breske, Lexi Leonhard, service to his nation, his state, and his family, or give me death.’’ The Greek patriots went Amy Zuccarell, Kelsey Cousino, Stephanie and is an example to all of us. to battle proclaiming, ‘‘Eleftheria I Champine, Jamie Swick, Michelle Obert, Mr. Speaker, I lay before you the life and Thanatos’’ —liberty or death. As with the American Revolution, the Hanna O’Connor, Jackie Blaida and Courtney work of Representative John Yates—a man Greek revolution is filled with stories of her- Riehle all deserve recognition for their phe- that deserves the highest praise of our nation, oism and sacrifice. News of such heroism and nomenal achievement. a dear friend of mine, and a man that em- sacrifice met with strong feelings of support Mr. Speaker, I ask that all of my colleagues bodies the values that make America great. I by the American public and by their politi- join me in commending the Bedford High am grateful to call Representative Yates my cians, including President James Monroe and School girls’ volleyball team on its exceptional friend, and am grateful for this opportunity to John Quincy Adams, who expressed their support for the Greek revolution through season and 2005 Class A State Champion- bring the valiant service of John Yates to his their annual messages to Congress. Henry ship. country, his state, and his family to the atten- Clay, our secretary of state in 1825, was very f tion of the American people. vocal in his support of Greece’s fight for f independence. Daniel Webster, more often TRIBUTE TO THE HONORABLE than not, influenced his colleagues in look- JOHN YATES GREEK INDEPENDENCE DAY ing into the Greek struggle with sympa- thetic interests. SPEECH OF It is, of course, no surprise that our Found- HON. LYNN A. WESTMORELAND ing Fathers and other prominent Americans OF GEORGIA HON. CHRIS VAN HOLLEN were supportive of the Greek struggle for IN THE HOUSE OF REPRESENTATIVES OF MARYLAND independence. As mentioned, they them- Tuesday, April 12, 2005 IN THE HOUSE OF REPRESENTATIVES selves had been inspired by the ancient Greeks. Thomas Jefferson, of all the Found- Mr. WESTMORELAND. Mr. Speaker, I rise Tuesday, April 5, 2005 ing Fathers, had a particular affinity for to pay tribute to one of the members of the Mr. VAN HOLLEN. Mr. Speaker, I am hon- Greece, not only because of its classical re- greatest generation our nation has known. The publican philosophy but also because of his ored to rise today and join the millions of my studies of the origins of languages. He ex- Honorable John Yates, a member of the Geor- fellow Americans in commemorating Greek gia House of Representatives exemplifies a pressed that affinity many times, as in a let- Independence Day which, on March 25th cele- ter to John Brazier on August 24, 1819. In life of service to causes greater than himself, brated the 184th anniversary of the rebellion that letter, Thomas Jefferson addresses ‘‘Mr. and his example should be known and fol- and the struggle of the Greek people against Pickering’s Memoir of the Modern Greek,’’ lowed across this nation. the Ottoman Empire. and the Memoirs review by Brazier. He tells During his youth in rural Spalding County, What makes Greek Independence Day so Brazier, ‘‘I had been much pleased with the Georgia, Representative Yates grew up on a memoir, and was much also with your review special here in America is that it reminds us of it. I have little hope indeed of recovery of family farm, working in the cotton fields to help of the strong principles and bonds that the pay for his family’s food. the ancient pronunciation of the finest of U.S. and Greece share. In looking into the human languages, but still I rejoice to the Representative Yates’ served in the military struggles of our two nations, we realize how attention the subject seems to excite with during one of the greatest struggles for human much our struggles have in common, and how you, because it is evidence that our country freedom our nation has known—WorId War II. much each country has been influenced by begins to have a taste for something more He flew his plane, providing air cover for vul- the other. than merely as much Greek as will pass a nerable ground troops, and destroying Ger- candidate for clerical ordination. . . . Among Greece and the United States are bound by the values of classical learning, I estimate man targets. He was involved in key aspects an absolute commitment to the democratic of the Battle of the Bulge, and participated as the luxury of learning the Greek and Roman ideals of justice and freedom and continue to authors in all the beauties of their originals. a military observer during the liberation of the be strong allies. By commemorating Greek And why should not this innocent and ele- Dachau death camp. Independence Day, we also celebrate the gant luxury take its preeminent stand ahead After his service to our country, Representa- strength and the resolve of the human spirit of all those addressed merely to the senses? tive Yates went on to work for the Ford Motor that has been the inspiration of us all. I think myself more indebted to my father for this than for all other luxuries his cares Company for many years, while raising his I am very pleased to place into the RECORD and affections have placed within my reach.’’ family. In that same Spalding County where a statement made on this 184th anniversary of he grew up, Representative Yates continued Jefferson expressed his empathies with Greek independence written by one of my Greece revolting against its Ottoman rulers. his service to the community. constituents, Constantinos Nicolaou: In an 1823 letter to Adamantios Coray, the In 1989, the citizens of his home county rec- STATEMENT OF MR. CONSTANTINOS NICOLAOU Greek patriot and scholar that he had met in ognized his past service and committed to him OF MARYLAND Paris years earlier, he stated: yet another great trust—a seat in the Georgia ‘‘. . . You have certainly began at the right The greatness of the human spirit, regard- House of Representatives. When he took his end towards preparing them [the Greek peo- less of any efforts to suppress it, will always ple] for the great object they are now con- position there, the Democratic Party was still rise against tyranny and oppression and will the majority, and Republicans were very few. tending for, by improving their minds and start revolutions where heroism will pay any qualifying them for self-government. For But Representative Yates did not give up. He price, even the ultimate sacrifice of life, in this they will owe you lasting honors. Noth- stuck with it, and is today a member of the order to gain freedom and independence. ing is more likely to forward this object than majority party, as Republicans took control of Every time we commemorate heroism such a study of the fine models of science left by the House of Representatives in Georgia dur- as the one exhibited by the Greeks on March their ancestors; to whom we also are all in- ing the 2004 election cycle. 25, 1821 and during the ensuing struggle for debted for the lights which originally led their freedom, we cannot help but think of As a result of his commitment and dedica- ourselves out of Gothic darkness.’’ our great Founding Fathers, who were so No people sympathize more feelingly than tion through the years, the new House leader- much influenced by the ancient Greeks in ours with the suffering of your countrymen; ship gave Representative Yates even more re- their struggles for freedom and the creation none offer more sincere and ardent prayers sponsibility—the chairmanship of the Defense of what had become the freest, most demo- to heaven for their success. And nothing in- and Veterans’ Affairs Committee in the Geor- cratic country in history, the United States deed but the fundamental principle of our gia House. Representative Yates has contin- of America. government never to entangle us with the ued his valiant service to his nation and state Thomas Jefferson looked to the ancient broils of Europe could restrain our generous in that capacity during the course of this 2005 Greek philosophers and their teachings as an youth from taking some part in this holy inspiration in trying to create a fair, strong, regular legislative session. cause. Possessing ourselves the combined democratic state. And it was not accidental blessing of liberty and order, we wish the But there is more to Representative Yates, that many of the Greek leaders of the 1821 same to other countries, and to none more and this is revealed by his deep personal revolution, turned to America for inspiration than yours, which she first of civilized na- commitment to his wife, Annie. Although she as they were embarking in their struggle for tions presented examples of what man should has been afflicted with some health problems, freedom. be.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.037 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E615 The ties that bind America and Greece go, the nations of Greece and Turkey, will sta- lished himself in the business community as of course, far beyond their parallel and noble bilize the region, and will strengthen the well, owning and operating heavy equipment struggles for freedom. The philosophical and bonds and relationships between the United and providing road construction and land cultural connections, although little known States and the countries involved in the con- clearing for local ranchers. In addition, he has to the public at large, could not be stronger flict. or better assimilated. Such connections were As we commemorate Greek Independence given back to the community through his work born almost at the same time with the birth Day, we are celebrating the strength and the as a public servant for the City of Charlotte. of our nation, if not before. In his excellent resolve of the human spirit as well as man’s He began his service as an Alderman, and study of ‘‘Lincoln at Gettysburg,’’ Gary unbending will in the pursuit of freedom. rose through the rank of Mayor Pro-Tem to Wills tells us: The people of ancient Greece gave us values become Mayor, a post he has held with dis- ‘‘America as a second Athens was an idea and ethics and showed us how to fight for tinction for the past 8 and 1/2 years. whose moment had come in the nineteenth freedom and democracy. Our country, more He has left his mark on the community in century. . . . In the early 19th century, an than any other country, shares those values other ways, as well. He and his wife, Jenci, era that became known as America’s Greek and ethics, and in days such as this we reaf- Revival was taking shape. Archaeological firm our common democratic heritage with are the parents of four children of their own, discoveries in Greece at the time brought the the Greek people. The commemoration and and have selflessly given their time to the fos- ancient democracy to mind just as modern celebration remind us also that we should ter parents’ program. Mayor Wilson continues Greece began its struggle for freedom from stay forever vigilant in fighting for and pro- to give his time to his local church, the 4–H, the Turks. tecting our freedom and our democracy, and the Future Farmers of America. ‘‘Edward Everett, President of Harvard, least we lose the right to determine our lives Mayor Mark Wilson is a tremendous asset founder of Mount Auburn, congressman, and our future. for the City of Charlotte, Texas. His work as Massachusetts’s governor, minister to the Dionisios Solomos was the great poet who a public servant, a successful businessman, Court of St. James’s in London, senator, sec- transformed in his poetry the unparalleled retary of state and principal speaker at Get- struggle and the sacrifices of Hellenism in and a dedicated father serve as an example to tysburg years later, was the leader of the the pursuit of Freedom. The Revolution so the rest of us. I am proud to have the oppor- Greek Revival. Harvard established its new much influenced his poetry that he is consid- tunity to thank him here for all he has done. chair of ancient Greek studies for him. While ered the national poet of Greece. One of his f studying in Germany, Everett went to most inspired poems, Hymn to Liberty, has Greece, ‘to walk over the battlefields where almost become synonymous to that Revolu- HONORING THE DEDICATION OF the first democracy of the West won its free- tion and it became Greece’s National An- THE OLIVIA HERMAN TRACK dom.’ He returned to America convinced that them. The poem was published in 1825, along AND FIELD COMPLEX a new Athens was rising here. His appear- with translations in Italian, French and ances, ‘prompted rallies for Greek independ- English. ence’—a favorite cause of Everett. The Revolution would have never been the HON. PAUL E. KANJORSKI OF PENNSYLVANIA ‘‘Everett’s prestige influenced others, in- same without Solomos. The enthusiasm of cluding historian George Bancroft, whose the fighters, as well as the international IN THE HOUSE OF REPRESENTATIVES ‘main interest was Greek history.’. . . Ban- sympathy among the Philhellenes would Tuesday, April 12, 2005 croft was ahead of the wave of histories that have definitely been smaller without the Mr. KANJORSKI. Mr. Speaker, I rise today would glorify Periclean Athens in Victorian Hymn to Liberty. England. Direct democracy, a flawed system Probably nowhere was Solomos’s vision of to pay tribute to my good friend Olivia Her- in republican theory, was rehabilitated, for Liberty depicted better than here, in the man, whose life will be commemorated in its usefulness in the parliamentary reform United States. Here, in the Rotunda of our Lehighton, Pennsylvania, as the school district movement, by British historians like George own Capitol Hill, we see a most wonderful dedicates its new athletic complex as the Grote. In America, a similar motion toward painting of Liberty, with the sword in hand Olivia Herman Track and Field Complex. government by the people, not just for the chasing her enemies, exactly the way Olivia served on the Lehighton Area School republic, was signaled by an enthusiasm for Solomos envisioned her in his Hymn to Lib- Board for 13 years, from 1991 through 2003. Greek symbols. Barcroft became a Jack- erty. This figure was painted by another son She succumbed to cancer in March 2004 after sonian Democrat when he began to apply his- of Greece, one who really grasped Solomos’s torical skills formed on the Attic democracy vision of Liberty, Constantino Brumidi. a short battle with the disease. to America’s development. Walter Savage And as a tribute to the United States, Olivia was elected as president of the Landor recognized what was happening in Solomos envisions our country rejoicing in school board from 2001 through 2003. When America when he dedicated the second vol- seeing Greece fighting for Freedom. He de- she attended her very last school board meet- ume of his Pericles and Aspasia to President scribes the American feelings this way: ing in December 2003, the board voted to Andrew Jackson.’’ Most heartily was gladdened dedicate to her the new athletic complex that Greece and the United States, bound by George Washington’s brave land: was being built. Olivia had worked diligently to their absolute commitment to freedom and For the iron bonds remembered, justice, have always been the strongest of obtain funding for the new facilities, and the Her old slavery’s cruel brand. the allies. Greece stood by us and fought school district wanted to show its appreciation. with us in every single war or conflict since We live today in a great, free country. Our For eight years—from 1996 through 2003— we both gained our freedom. And we always country became great, and will always be so, Olivia served on the board of directors for the stood by Greece, and although at times we because the spirit and the morals that we Carbon-Lehigh Intermediate Unit. Prior to that, appeared to have forgotten how loyal and share with Greece, as so eloquently ex- she was the Director of Literacy for Carbon pressed by Solomos, will always be with us. valuable the Greeks had been to us, our ulti- County, and was a volunteer reading teacher. mate commitment to their freedom and well- f Olivia Herman was a tremendous asset to the being never wavered. And as we commemorate and fight to free HONORING THE CONTRIBUTIONS field of education. She was a lifelong advocate all people, let us remember that some other OF CHARLOTTE MAYOR MARK T. of reading and always stressed the importance friends of ours are still agonizing and asking WILSON of literacy. for our help in fighting forces of evil still oc- Olivia received her college degree later in cupying their land and their homes. The peo- HON. HENRY CUELLAR life after working professionally as a social ple of the Republic of Cyprus, Greeks and worker for many years. She went to the Uni- OF TEXAS Turks and all others, should be given more versity of Delaware, graduating in 1971. IN THE HOUSE OF REPRESENTATIVES active support by our great nation in their Olivia’s husband, William, was sick at the time efforts to reunite the island and get rid of Tuesday, April 12, 2005 the occupying forces. U.S. leadership is es- and the two stayed in Delaware for a few sential, and now it is the time that we Mr. CUELLAR. Mr. Speaker, I rise to recog- years before returning to Northeastern Penn- should remember that the Cypriot people are nize Mark T. Wilson, Mayor of Charlotte, sylvania. where we had been, and they are striving for Texas, for his dedicated service to his commu- Olivia, herself a 1942 graduate of Lehighton what we have earned long time ago, that is, nity. Area High School, was by many accounts one their right to freedom, liberty and the pur- Mayor Wilson is one of Charlotte’s proudest of the most gifted athletes to ever graduate suit of happiness. native sons. Born and raised in Charlotte, he from the school. She was especially active in It is essential that American leadership graduated from Charlotte High School and at- gymnastics, but she also participated in bas- urges Turkish and Turkish Cypriot leaders towards peace. These are the two sides that tended TSTI in Waco, TX. While in school, he ketball, cheerleading, and track. She remained hold in their hands, to the largest extent, studied farming and ranching in preparation active in the school district throughout her life, the peaceful solution to the Cyprus problem. for a career as a rancher. organizing reunions for her former classmates A solution that undoubtedly will benefit all Mr. Wilson’s family has been in the ranching every few years. When she retired, she de- the people of Cyprus, but it will also benefit business for many years, and he has estab- cided she still had more to give of herself.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.039 E12PT1 E616 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 Olivia ran for school board and soon made HONORING HIS HOLINESS, POPE Snowshoe has worked in cooperation with that her full-time job. JOHN PAUL II the Challenged Athletes of West Virginia orga- nization to improve the quality of life for per- Olivia and her husband had four children: sons with disabilities through outdoor sports Judy Herman Hunsicker, twins Darryl and HON. RAHM EMANUEL and recreation. This organization has spon- Derryl, and Rudy, who passed away at the OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES sored training events at Snowshoe for the age of 40. adaptive skiing program and is actively in- Tuesday, April 12, 2005 Mr. Speaker, please join me in celebrating volved in creating other outdoor recreational the life of an extraordinary woman who helped Mr. EMANUEL. Mr. Speaker, I rise today in opportunities for disabled persons for not only so many children and adults throughout her remembrance of His Holiness, Pope John their enjoyment, but also as part of a rehabili- Paul II. With his passing on April 2nd, the life as the Olivia Herman Track and Field tation process. world lost one of the most influential and inspi- The program also works extensively with Complex is dedicated in Lehighton. rational leaders of our time. He was a great veterans of past wars and those returning leader, a man of peace, and a source of hope from our current conflicts abroad, for which f to millions across the globe. this program should be commended for pro- Pope John Paul II was born Karol Josef RED LAKE SCHOOL TRAGEDY viding our soldiers with ample opportunity to Wojtyla in Wadowice, Poland on May 18, continue a healthy lifestyle through outdoor 1920. He made history by becoming the first recreation. Slavic Pope and the first non-Italian Pope in Each student who enters into the program is HON. BETTY McCOLLUM more than 400 years. He traveled more than worked with on a one-on-one basis by a pro- OF MINNESOTA any other Pope in history, visiting over 130 fessional instructor as well as with help from countries and 900 Heads of State. one of the many volunteers who come to as- IN THE HOUSE OF REPRESENTATIVES The Pope’s strong will and vision were in- sist the program. There is a multitude of Tuesday, April 12, 2005 strumental in delivering hope and inspiration to equipment for the adaptive skiers to choose people around the world. As a young man in from when they hit the slopes, so that they Ms. MCCOLLUM. Mr. Speaker, I rise today an oppressed country, he courageously pro- may find what they feel is the most com- to express my deepest condolences to the tected all people from oppression and tyranny. fortable to use while skiing. Red Lake Nation of northern Minnesota for the Under his reign, Pope John Paul II served as The adaptive skiing program at Snowshoe profound tragedy that took place on March 21, an important symbol that helped bring about has continually provided a venue for disabled 2005. On that day a young man killed nine the fall of communism throughout Europe. persons to maintain an active and healthy life- people on the Red Lake Reservation and then Particularly important for Poland, he was an style, and I wish to honor them for this. I im- he killed himself. This extreme violence shat- outspoken advocate for human rights. His plore my fellow members to join me in hon- peaceful message of human rights and reli- oring Snowshoe Mountain Resort and also to ters our own sense of security because we all gious freedom resonated among Polish Catho- encourage all ski resorts to follow the example know it can happen anywhere at any time. All lics, ushering in Poland’s peaceful revolution of Snowshoe Mountain in promoting the equal Americans and all Minnesotans extend our in their fight against communist rule. opportunity for all disabled persons to partici- prayers, condolences, and support for the Pope John Paul II ministered to all people pate in sports. families of the Red Lake Nation as they heal through his personal example of sacrifice and f and rebuild their community. collaboration. He worked tirelessly to spread the message of compassion, courage, and MATH AND SCIENCE INCENTIVE Violence, untreated mental illness, the epi- ACT OF 2005 (H.R. 1547) demic of alcohol and drug abuse, and the sacrifice that inspired millions. Pope John Paul ubiquitous availability to guns are all scourges. II brought together and forged dialogue be- tween people of different faiths, promoting co- HON. VERNON J. EHLERS They are potentially contributing factors to an operation and peace. He was the first Pope to OF MICHIGAN environment throughout our nation in which ra- visit synagogues and mosques as well as IN THE HOUSE OF REPRESENTATIVES tional problem solving is all too often replaced areas of conflict, including the Holy Land. Tuesday, April 12, 2005 with irrational destruction and death. We will When the world most needed his eloquent never know why this young man was driven to Mr. EHLERS. Mr. Speaker, I rise in support voice, he inspired us. When the world needed of the Math and Science Incentive Act of enter his own school and embark on a cam- his prayers, he prayed for us. When the world 2005, which today was introduced by Rep. paign of murder. We only know the outcome; needed his guidance, he showed us the way. WOLF. I thank him and his staff for their work the painful consequences and the bewildering Mr. Speaker, he will forever be remembered on this important legislation. I am very pleased agony of families and a community torn apart. as a tireless promoter of peace for all people to join him as the lead cosponsor, and pledge and regions of the world. As adults we have a responsibility to our that I will work with Rep. WOLF to move this children. We must listen to them, talk to them, f legislation through the House. and look for the warning signs. We must work SALUTING SNOWSHOE RESORT A number of developments in recent years together as a community to ensure their basic have fueled concerns that world technology needs are met because even parents who are HON. NICK J. RAHALL II leadership could shift from the United States to other countries. In today’s global economy, doing all they can still need assistance. In this OF WEST VIRGINIA American manufacturers and other businesses country, violence surrounds our children, our IN THE HOUSE OF REPRESENTATIVES rely on innovation to stay competitive. For the families, and our communities. Violence is a Tuesday, April 12, 2005 United States to remain a prosperous country, plague which is promoted, glorified, and con- Mr. RAHALL. Mr. Speaker, I rise today to we must maintain our technological leadership doned in popular culture through movies, salute Snowshoe Resort and its adaptive ski- in the world. music, video games, and the endless tele- ing program’s extensive commitment to ena- Our knowledge-based economy is driven by vision news cycle. It is a disease that is killing bling disabled persons to enjoy the recreation constant innovation. The foundation of innova- our children in our streets and in our schools of alpine sports. tion lies in a dynamic, motivated, and well- and it must be stopped. The Snowshoe Resort adaptive skiing pro- educated workforce equipped with math and The shooting at Red Lake is another tragic gram, under the direction of Dave Begg, has science skills. An understanding of scientific been very active in providing opportunities for and mathematical principles, a working knowl- episode that is no longer rare or abnormal. It a wide range of disabled persons and has edge of computer hardware and software, and is now all too commonplace and we are not seen continued growth over the past decade. the problem-solving skills developed by nearly as shocked by such tragedy as we The program uses certified Professional Ski courses in science, technology, engineering once were. Sadly, Red Lake is another exam- Instructors of America, trained in adaptive ski- and math are now basic requirements for ple of this very tragic trend. And as Red Lake ing, to teach many disabled persons to ski, in- many entry-level positions or for admission to knows all too well, our nation’s children are at cluding those with spinal cord injuries, ampu- college. In fact, I fully expect that all of the risk and America needs to be hearing their tations, cerebral palsy, sight and hearing im- jobs of the future will require a basic under- voices, investing in their future, and supporting pairments, traumatic brain injury, and develop- standing of the concepts and principles of their very real needs. ment disorders. math and science.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.041 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E617 Unfortunately, we are continuing to see dis- ward and it is my honor to take this moment Barre, Pennsylvania after more than 30 years turbing trends in American student perform- and say thank you and it is with a great deal of dedicated service. Martin, or ‘‘Marty,’’ as he ance on basic math and science tests. The re- of personal joy that I congratulate Belva and is known by friends, co-workers, veterans, and cent Program for International Student As- wish her a very happy 90th birthday. volunteers at the VA, will be greatly missed sessment (PISA) and Trends in International f and I wish him luck in the next phase of his Math and Science Study (TIMSS) highlight the life. shortcomings of current K–12 science and HONORING THE CONTRIBUTIONS Martin’s service to the government began math students in the United States when com- OF JUDGE DANNY VALDEZ on April 4, 1966 when he joined the Army. He pared to other developed countries. spent two years on a tour of duty in Germany We have also seen that fewer students are HON. HENRY CUELLAR and was honorably discharged on March 17, pursuing degrees in math and science. This OF TEXAS 1968 at the rank of Spec 5. After the Army, should be of particular concern when we con- IN THE HOUSE OF REPRESENTATIVES Marty worked for the Domestic Intelligence Di- sider the large educational and workforce de- vision in Washington, D.C., and in September Tuesday, April 12, 2005 velopment investments made by emerging of 1970 he joined the Metropolitan Police economies with huge populations, such as Mr. CUELLAR. Mr. Speaker, I rise today to Force in Washington. China, India and Russia. honor the important contribution of Judge In the evenings, he attended Georgetown We must encourage girls in grades K–12 to Danny Valdez of Laredo, TX. University. Marty was off to a promising start become interested in math and science and In May 1982, Danny Valdez was elected as in life. His career in Washington was cut short urge young women to pursue degrees in math Justice of the Peace, and is currently serving when he left in 1973 to move back home to and science. While the percentages of women his sixth four-year term. the Wyoming Valley to care of his father, who holding baccalaureate degrees in biological Judge Valdez has also received numerous had taken ill. and physical sciences closely mirrors that of awards. Some include: the 2000 Martin High In that same year, Marty started to work for their male counterparts, recent statistics from School Tiger Legend, the Liberty Bell Award the VA Medical Center as a housekeeping the National Center for Education Statistics from the Laredo Bar Association, and the aide. Marty worked his way up through the show that women are underrepresented in en- Community Service Award from Lulac Council ranks with hard work and landed a job in the gineering and computer science baccalaureate #12. warehouse. From there, Marty’s career took degrees. Aside from presiding over one of the state’s off. The Math and Science Incentive Act of 2005 busiest courts, he makes time for many com- Now Marty is the supervisor of the Inventory is a direct response to the needs I have out- munity activities. He has worked with at-risk Management Department, where he oversees lined. The bill will help recruit and retain direly students for the past 23 years, addressing the warehouse, inventory personnel, and SPD. needed science, technology, engineering and issues such as truancy, gang violence, drug He possesses great motivational skills to rally math (STEM) teachers and workforce profes- abuse, teen pregnancy and juvenile delin- staff to accomplish tasks where others would sionals. It allows the Secretary of Education to quency. He has been working with the Texas say: ‘‘it can’t be done.’’ And at the start of pay up to $10,000 in interest on under- Department of Criminal Justice Education Pro- each day, you’ll hear Marty coming down the graduate loans for those who qualify and gram to bring male and female inmates to our hallway, thanking his employees for coming to agree to enter into a five-year service agree- local middle and high schools to tell their life work that day. In return, he receives a ‘‘thank ment with the Secretary. stories in an effort to educate, warn, and in- you’’ back. Clearly, we must recommit ourselves to form students about the dangers and con- Marty has received superior performance leadership in science, technology, mathe- sequences involved in making the wrong awards over his career at the VA and pos- matics and engineering. This legislation puts choices. sesses the respect of managers above him. us on the path toward ensuring that we will Judge Valdez has worked with the Lamar G. Michael Miller, the VISN 4 Chief Logistics have STEM teachers and workforce profes- Bruni Vergara Trust in the development of the Officer, states that: ‘‘Marty is one of the peo- sionals in place. Lamar Bruni Vergara Boy Scout Camp ple that makes the VA Wilkes-Barre a special f Huisahche and was also instrumental in the place to work.’’ Jackie Malhoyt, the former Fa- development of the Lamar Bruni Vergara Inner cilities Management Director, stated that: CONGRATULATIONS TO MRS. City Recreation Center. ‘‘Marty looks at change as a challenge and BELVA TEAFORD Judge Valdez chairs the Annual Toys for opportunity, never as a threat or bother. He is Tejanitos Drive and the Angel Wish Program an example of the heart of this medical cen- HON. JOHN A. BOEHNER that benefits needy families in our community. ter.’’ OF OHIO He also chairs the Annual Fishing Derby for But this is not the whole story of Marty. IN THE HOUSE OF REPRESENTATIVES physically challenged students. This event has Walk around the VA and you will hear other received Texas state wide recognition. He has stories of Marty’s selflessness and dedication, Tuesday, April 12, 2005 also awarded over $60,000.00 in scholarships whether it’s assisting patients to their next ap- Mr. BOEHNER. Mr. Speaker, I rise today to to deserving students from L.I.S.D. in Laredo, pointment or being a sounding board for a co- congratulate, thank, and recognize my con- TX. worker in need. You may find him purchasing stituent Mrs. Belva Teaford. Belva is a testa- Judge Valdez is married to Isabel Valdez the balance of chances for a drawing from vet- ment to the innate goodness of human nature and has a son, Danny, Jr. and daughter, eran volunteers in order to help them meet and the overwhelming positive effect one indi- Maribel. their goal. Still, what you will probably hear vidual may have on the community. Mr. Speaker, I am proud to have had this most about Marty is how people were moved As a wife, mother, and tireless volunteer in opportunity to recognize the contributions of by his singing voice. Ohio’s Eighth Congressional District Mrs. Judge Danny Valdez. You see, Marty has been blessed with a Teaford has quietly given much more than she f beautiful voice and has been singing since he has taken. Her work, throughout Darke County was nine years old, when he received his first over so many decades is a constant source of CONGRATULATING MARTIN lessons from Mrs. Helen Schivell of Wilkes- pride and unconditional praise. As a volunteer FLAHERTY ON THE OCCASION OF Barre. Over and over again, Marty is asked to for the Darke County Republican Party Belva’s HIS RETIREMENT FROM THE share his singing voice at various hospital friendship and reassuring demeanor have WILKES-BARRE VETERANS AF- events, whether it’s a Veterans Day ceremony helped guide countless candidates, myself in- FAIRS MEDICAL CENTER or an employee awards program. You may cluded, to success. Yet, Belva’s efforts stretch also find him belting out songs in patient far beyond politics. She is, in the truest sense HON. PAUL E. KANJORSKI rooms or in the VA’s nursing home on other of the word, a humanitarian whose unyielding OF PENNSYLVANIA occasions. belief in the goodness of her neighbors has IN THE HOUSE OF REPRESENTATIVES George Bath, the VA’s Network Contracting helped make Darke County a truly remarkable Manager and Marty’s former supervisor, notes community. Tuesday, April 12, 2005 one instance where there was an unusually Belva’s attitude, fierce determination, and Mr. KANJORSKI. Mr. Speaker, I rise today large turnout at an employees’ recognition pro- community spirit are a constant source of en- to congratulate Martin Flaherty on the occa- gram. George recalls: ‘‘I walked into Liberty ergy for all those around her. So much of sion of his retirement from the Department of Hall and nearly every seat was taken. I turned Belva’s work is done quietly and without re- Veterans Affairs Medical Center in Wilkes- and there at the head of the room, with a mike

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.045 E12PT1 E618 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 in hand, was Marty, getting ready to open the humble gratitude for the service, sacrifice and Valley Automotive Aftermarket Association’s program. Then I heard someone whisper, ‘I prayers he shared with all of us until the hour vice chair. He has also served in many capac- hope he sings Wind Beneath My Wings.’ Folks of his death. ities for the Matewan Rotary Club, including were there to hear Marty!’’ f President. Beyond the walls of the VAMC, you will Each year the local Rotary District sponsors hear Marty’s voice as a soloist at his church, HONORING PRESIDENT VIKTOR a Group Study Exchange to foster peace and at local nursing homes, or at other community- YUSHCHENKO understanding between nations that sends based activities. And he takes nothing in re- four Non-Rotarian business people and one turn except the cheer of the crowd. HON. RAHM EMANUEL Rotarian to a paired foreign nation to experi- In addition to singing, you will find Marty OF ILLINOIS ence a different culture and way of life. This creating floral arrangements that he donates IN THE HOUSE OF REPRESENTATIVES past year the 7550 District sent a member and to his church to help raise money. Roland E. four business professionals to Great Britain Tuesday, April 12, 2005 Moore, the Wilkes-Barre VA’s Medical Center and has plans to send another entourage to Director, sums it up: ‘‘Marty’s work ethic and Mr. EMANUEL. Mr. Speaker, I am proud to Australia this year. dedication to serving veterans and VA staff is rise today on behalf of the more than 4,000 of Rotary International has encouraged and second-to-none. Whether it’s being ranked as my constituents of Ukrainian descent in the fostered the ideal of service as a basis of wor- a well-respected supervisor in our medical Fifth Congressional District of Illinois on Chi- thy enterprise, and thus adopted the 4-Way center/network or boosting the spirits of vet- cago’s northwest side. I am also pleased to Test, formulated by its’ own Herbert Taylor, erans with a song, he has truly served this in- join with my colleagues in the House to re- who developed a standard code of ethics for stitution with professionalism and gusto.’’ ceive the recently inaugurated President of the businesses. Marty will be missed for his dedication and Republic of Ukraine, His Excellency Viktor The Rotary Foundation has been instru- compassion to the veterans he has served Yushchenko during his first official visit to the mental in funding many worthwhile service over the years and also by the employees United States, in a joint session of Congress. projects that have improved the lives of people who have had the opportunity to work along- I applaud President Yushchenko for his across the globe by promoting world under- side him. I am pleased to join my friends at courage and vision and for his leadership in standing and peace through humanitarian, the VA in congratulating Marty on this mile- the ‘‘Orange Revolution’’ that peacefully educational, and cultural programs. The Ro- stone. I wish him a fruitful and enjoyable re- brought freedom and democratic reforms to tary clubs in my district, led by the Beckley tirement and, Marty, thank you for coming to Ukraine late last year. The people of the Rotary club, recently secured a $300,000 work for the Wilkes-Barre VA. Ukraine, and indeed all across the globe, were grant to build a clinic in India. Rotary International has enacted the Polio- f relieved when the President survived an as- sassination attempt that nearly claimed his life Plus program that has collected over $500 mil- RECOGNITION AND REMEMBRANCE and subsequently persevered among tremen- lion, contributed tens of thousands of volun- OF THE LIFE AND CAREER OF dous resistance to the dramatic reforms he teer man-hours, inoculated over 2 billion chil- POPE JOHN PAUL II championed. dren since 1985 with the polio vaccine, and is My hometown of Chicago is home to more slated to eradicate polio globally by Decem- HON. BETTY McCOLLUM than 100,000 Ukrainian Americans who have ber, 2005. OF MINNESOTA been instrumental in helping advance the in- Rotary has been actively involved in cre- ating a peaceful world by fostering peace ini- IN THE HOUSE OF REPRESENTATIVES creasingly important alliance between our na- tions. The Ukraine’s prosperity, independence tiatives that have created Rotary Centers for Tuesday, April 12, 2005 and openness to the West are of vital eco- International Studies at world-renowned uni- Ms. MCCOLLUM of Minnesota. Mr. Speak- nomic, cultural and strategic importance to the versities in an effort to educate and train Ro- er, I thank you for the opportunity to recognize global community. tary World Peace Scholars in conflict resolu- and remember the life of Pope John Paul II. Mr. Speaker, I join with my colleagues and tion, peace studies, and international relations. The world mourns the passing of Pope John all Americans in congratulating President In fact, a West Virginia native of St. Albans Paul II and the great void he leaves behind as Yushchenko for his triumph. I wish him and was one of the first graduates of this program. a force for good in the world. Pope John Paul the Ukraine continued prosperity and success Many students have excelled and benefited inspired peoples of all faiths in every corner of in advancing the ideals of democracy and under the Rotary Youth Exchange, which the globe by his living example of faith, justice, freedom in that nation. funded by the Ambassadorial Scholarships, has become the international community’s peace and love. His twenty-six years as the f Holy Father transformed the Roman Catholic largest privately funded international scholar- Church and revitalized the more than one bil- HONORING ROTARY INTER- ships program. The Matewan Rotary Club en- lion Roman Catholics around the world. NATIONAL’S 100TH ANNIVERSARY sures each year that two local high school stu- Pope John Paul worked tirelessly to ad- dents will receive a scholarship to further their vance human dignity, social justice and peace. HON. NICK J. RAHALL, II higher education goals. I wish to honor today and hope that my col- His powerful presence helped to defeat com- OF WEST VIRGINIA leagues will join me in honoring Rotary Inter- munism in his home country of Poland and IN THE HOUSE OF REPRESENTATIVES contributed to the fall of the Soviet Union. The national for continually striving to promote the Pope urged his fellow Catholics in Poland to Tuesday, April 12, 2005 ideal of service as an integral part of enter- support Lech Walesa and the Solidarity move- Mr. RAHALL. Mr. Speaker, I rise today to prise, and a sustained effort to maintain high ment in a peaceful and non-violent campaign honor Rotary International for reaching its’ ethical standards while promoting peaceful ini- that eventually led to Solidarity’s successful 100th Anniversary, and for the monumental tiatives around the globe. victory in Poland’s first post-communist elec- amount of achievements it has accomplished f tion. within its’ time. HONORING DR. EDWARD L. KELLY Pope John Paul was a great champion and Rotary Club was first founded in 1905 by advocate for the poor, the sick and the forgot- Paul Harris, an attorney, in Chicago Illinois ten, particularly in the developing world. He with the interest of organizing a booster club, HON. TOM DAVIS OF VIRGINIA loved children, and often appeared to take which then expanded to Rotary International in IN THE HOUSE OF REPRESENTATIVES great joy from speaking to and meeting with 1922, and has grown to include over 1.2 mil- young people. Pope John Paul traveled the lion members in more than 31,000 clubs that Tuesday, April 12, 2005 globe inviting and mobilizing young people to span the globe in 166 countries. The Rotary Mr. DAVIS of Virginia. Mr. Speaker, I rise a life of faith and to stand in support of the District in my own Congressional District has today to honor Dr. Edward L. Kelly for his ex- rights of those less fortunate than themselves. 32 clubs within it that include some 1509 ceptional work and service to the Prince Wil- The life of Pope John Paul II has been a members. liam County School system. blessing for Catholics and people of all faiths. In my home district, Anthony K. Since July of 1987 Dr. Kelly has been the His moral and spiritual leadership of the Blankenship, the District Governor Elect of Superintendent of Schools for Prince William Roman Catholic Church and for all mankind District 7550, has set a superb example for all County, Virginia. During his tenure he has make his life an example for all of us. Let us business leaders in the area by serving on his been responsible for the supervision of over honor the life of John Paul and express our local chamber of commerce and as the Ohio 66,000 students at 80 different schools.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.049 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E619 Dr. Kelly graduated from Northeast Missouri erature. In 1986, Rabbi Orenstein received his Atascosa Finance Committee, the Charlotte State University in 1964 with a B.S. in Zoology PhD from New York University in linguistics. In FFA, the 4–H Club, and the San Antonio Live- and Chemistry. He received an M.A. in Sec- that same year, he was awarded the degree stock Show Auction Committee. He also ondary School Administration from the same of Doctor of Divinity from the Jewish Theo- serves his community as a volunteer for the institution in 1968. During this time he logical Seminary of America. fire department, often working as the acting interacted with adolescents on a daily basis as Rabbi Orenstein served as Chaplain of the Fire Marshal. a Science Teacher and Coach in Missouri. Dr. United States Air Force on Lackland Air Force Having lived in the community for over 28 Kelly then served as an assistant principal, Base in San Antonio, Texas. After three years years, James Roberts and his wife Marilyn are vice principal and principal in both Missouri on Lackland Air Force Base, Rabbi Orenstein the owners of a local feed store. They live in and lllinois. After having worked for a number moved to Lynbrook, New York, where he was Charlotte, Texas with their three children of years, Dr. Kelly returned to school and re- Rabbi of Congregation Beth David. After his Cody, Jerrold, and Cherlyn. ceived his Ph.D. from St. Louis University in stay at Temple Beth David he became Rabbi Mr. Speaker, I am deeply proud to have 1973. at Temple Israel in Great Neck, New York. For been given this opportunity to recognize the Dr. Kelly served as Superintendent of the past 35 years, Rabbi Orenstein has served Mayor Pro-Tem of Charlotte, James D. Rob- schools in Rockford, lllinois and Little Rock, as the spiritual leader of Congregation Beth El erts, for his dedicated public service. Arkansas. prior to moving to Prince William in South Orange, New Jersey. During his dis- f County in 1987. As a school administrator, Dr. tinguished tenure at Beth EI, Rabbi Orenstein CONGRATULATING GERALD T. Kelly strived to bring out the best in his stu- has overseen a vibrant and growing Conserv- LANGAN UPON 35 YEARS OF dents, employees and community. His over- ative Jewish congregation. COMMUNITY SERVICE sight on educational practices allowed him to He has written several publications, includ- implement nationally recognized School-Based ing a book about Hebrew Literature. Some of Management Programs, design alternative his other works include articles published in HON. PAUL E. KANJORSKI programs for students with special cir- Conservative Judaism, the New York Times, OF PENNSYLVANIA cumstances, and supervise curriculum restruc- and Bai’nanu, a working publication for Amer- IN THE HOUSE OF REPRESENTATIVES turing and benchmark examinations. Dr. ican Conservative Rabbis. Tuesday, April 12, 2005 Kelly’s positive actions and open door policy Rabbi Orenstein is the past president of the Mr. KANJORSKI. Mr. Speaker, I rise today stabilized relations within the school system, Maplewood-South Orange Clergy Association, to ask you and my esteemed colleagues in the and established trust among parents, teach- Chaplain of the State Police of New Jersey, House of Representatives to pay tribute to ers, the School Board and the community at and Chaplain of the Maplewood Police and Gerald T. Langan for 35 years of community large. Fire Departments. He is also the past presi- service and 25 years as president and CEO of Dr. Kelly’s dedication to his work has been dent of the Rabbinical Assembly of New Jer- Goodwill Industries as he is honored Friday recognized through numerous awards and sey. I know that he is particularly proud of night at a celebration at The Radisson Hotel in commendations. In 1987 he was named by a founding the South Orange-Maplewood Inter- Scranton, Pennsylvania. panel of educators to The Executive Educator faith Holocaust Service, a 27-year tradition. Mr. Langan is a 1966 graduate of Central 100, a selection of 100 outstanding edu- Rabbi Orenstein is married to Sylvia High School in Scranton. After high school, he cational leaders. Dr. Kelly also received the Mowshowitz Orenstein, a very accomplished went on to Lackawanna Junior College and Virginia Elementary School Principals ‘‘Educa- attorney in her own right. They are the parents Bethel College. tor of the Year’’ Award and was elected Chair- of three very successful children, and are the In 1970, he took a job as the education co- man of the Washington Area School Study proud grandparents of five. ordinator for Head Start. Mr. Langan then be- Council. Mr. Speaker, I would like to wish Rabbi came the project director for Head Start in In addition to his educational pursuits, Dr. Jehiel Orenstein a hearty ‘‘Mazel Tov!’’ on giv- 1973. Since 1985, he has been president and Kelly stays involved in many charitable and ing the opening prayer today on the Senate CEO of Goodwill Industries of Northeastern community activities. He is a member of the floor. Pennsylvania. board for the United Way, the National Con- Rabbi Orenstein built a strong synagogue Mr. Langan has twice served as president of ference of Christians and Jews, as well as the during his 35 years at Beth EI, and has been the Pennsylvania Goodwill Director’s Associa- Boy Scouts of America. a pillar for the South Orange-Maplewood re- tion. He was appointed to the State Office of Mr. Speaker, in closing, I would like to ex- gion. I would also like to thank him for his Vocational Rehabilitation Board by Governor tend my best wishes to Dr. Edward L. Kelly on years of service dedicated not only to his Robert Casey. Mr. Langan is a member of the his retirement as the Prince William County congregants, but our community and the State Pennsylvania Association of Rehabilitation, the Superintendent. Through his long and distin- of New Jersey. May he enjoy a very well-de- zoning board for the City of Scranton, and the guished career Dr. Kelly has touched the lives served retirement housing board of Lackawanna County. He was of countless students. While I know that he f awarded ‘‘Health Care Professional of the will be greatly missed, his retirement is well HONORING THE CONTRIBUTIONS Year’’ by the State of Pennsylvania. Mr. deserved. I call upon my colleagues to join me Langan was a past member of the Lacka- in honoring Dr. Kelly, and I wish him the best OF THE MAYOR PRO-TEM JAMES D. ROBERTS wanna College Board of Directors, and served of luck in all future endeavors. as board chairman for two years. f Mr. Langan and his lovely wife Fran have HON. HENRY CUELLAR one daughter, Kristen. CONGRATULATING RABBI JEHIEL OF TEXAS ORENSTEIN Mr. Speaker, please join me in congratu- IN THE HOUSE OF REPRESENTATIVES lating Gerald Langan as he is honored for his Tuesday, April 12, 2005 selfless devotion to the community and dedi- HON. BILL PASCRELL, JR. cation to making the world a better place. OF NEW JERSEY Mr. CUELLAR. Mr. Speaker, I rise today to f IN THE HOUSE OF REPRESENTATIVES recognize Mayor Pro-Tem James D. Roberts for his public service to the city of Charlotte, EMERGENCY SUPPLEMENTAL AP- Tuesday, April 12, 2005 Texas. PROPRIATIONS ACT FOR DE- Mr. PASCRELL. Mr. Speaker, I rise today to A patriotic and dedicated American, Mr. FENSE, THE GLOBAL WAR ON honor the career and accomplishments of Roberts is no stranger to service and sacrifice TERROR, AND TSUNAMI RELIEF, Rabbi Jehiel Orenstein. Rabbi Orenstein is a for his town and country. A veteran of Viet- 2005 beloved figure not only among the 575 fami- nam, he served in the U.S. Navy from 1968 lies at Congregation Beth EI, but throughout through 1972. SPEECH OF the community at-large. James Roberts is a dedicated public serv- HON. BETTY McCOLLUM In 1961, Jehiel Orenstein received his mas- ant, and a lifelong patron of the State of OF MINNESOTA ter’s degree in Judaica and was ordained as Texas. He has served the City of Charlotte for IN THE HOUSE OF REPRESENTATIVES a Rabbi at the Jewish Theological Seminary of eleven years, having worked previously as Al- America. While he was a student there, he re- derman for 91⁄2 years. Wednesday, March 16, 2005 ceived the Lawrence Prager Award for out- Working closely with numerous community The House in Committee of the Whole standing scholarship in medieval Hebrew Lit- organizations, Mr. Roberts is active in the House on the State of the Union had under

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.053 E12PT1 E620 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 consideration the bill (H.R. 1268) making more than 75 housing developments in the Indiana’s businesses and constituents. Tim im- emergency supplemental appropriations for Chicagoland area, Thresholds helps restore plemented public relations initiatives through the fiscal year ending September 30, 2005, and independence, dignity and respect to people television, radio, and print to provide informa- for other purposes. with mental illness. tion, gather support, and raise visibility on key Ms. MCCOLLUM of Minnesota. Mr. Chair- Offering outreach programs, residential issues. He has also extended his commitment man, all Americans stand united in support of services, youth and adult education, and serv- to the community by serving on a number of our troops. However, President Bush has no ices for homeless, deaf and jailed patients, Boards and Associations such as the St. Jude strategy for success in Iraq. Therefore, I rise this valuable organization has established House, Lake Area United Way, American in opposition to the Emergency Wartime Sup- itself as one of the nations most successful Heart Association, and the TradeWinds Reha- plemental Appropriation (H.R. 1268) and my and respected psychiatric recovery centers. bilitation Center. Although Tim has dedicated vote today is a vote of no confidence in this I am also pleased to recognize Thresholds his time serving the community, he has never Administration’s ad hoc Iraq policy. as an innovator and model in the field of men- neglected to provide support and love to his Tragically, more than 1,500 American troops tal health. Experts from Thresholds carry out family. Tim and his wife, Tania, have two chil- have been killed in Iraq and there is no end research and regularly publish valuable re- dren and three grandchildren. in sight to this war. The President’s ‘‘coalition search papers, and several mental heath cen- Both of these men have spent years as of the willing’’ is dissolving as Italy and the ters around the world have replicated Thresh- dedicated members of the TradeWinds Board Netherlands become the most recent countries olds’ success. of Directors; each adding their individual busi- deciding to withdraw their troops from Iraq. Thresholds and its extraordinary doctors ness acumen and combined strength that has The U.S. continues to bear the enormous bur- and staff are regular recipients of awards in enabled TradeWinds to continue providing den of this conflict militarily and financially. the mental health field. The 2004 Celebration quality services for children and adults with With this $75 billion, as well as the $25 billion Recovery Award was bestowed upon CEO Dr. disabilities. approved earlier this year, we have now spent Anthony Zipple’s, and Dr. Jerry Dincin was Mr. Speaker, I ask that you and my distin- $250 billion in Iraq. awarded Honorable Mention for Lifetime guished colleagues join me in congratulating Most outrageous is the fact that not $1 of Achievement by Eli Lilly’s 2004 Reintegration Bob Anadell and Timothy Sanders. Without the more than $200 billion spent on this war Awards. These represent only a tiny fraction of their enduring love and compassion for the has been paid for. Congress has now bor- the awards presented to Thresholds. community and children of all ages and abili- rowed over $250 billion from foreign countries Mr. Speaker, I am honored to have Thresh- ties, TradeWinds would not be what it is like Saudi Arabia, China and Japan. Every olds Psychiatric Rehabilitation Centers in the today. dollar plus interest will be paid for by the men Fifth District. I wish them the best at their 20th and women who are fighting as well as their Annual Golf and Tennis Benefit, and I hope f children. they continue their 45-year history of serving ANTONIO COSTA WAS AN OUT- There are some real emergencies funded in mentally ill patients and their families in the STANDING COMMUNITY LEADER this bill. I support U.S. assistance for tsunami Chicago area for decades to come. relief and recovery as well as for peace- f keeping operations, emergency funds and HON. BARNEY FRANK food aid to the Darfur region of Sudan. The COMMENDING BOB ANADELL AND OF MASSACHUSETTS generous assistance of the American people TIMOTHY SANDERS IN THE HOUSE OF REPRESENTATIVES in these two serious crises is saving lives and Tuesday, April 12, 2005 having a tremendous impact. HON. PETER J. VISCLOSKY Mr. FRANK of Massachusetts. Mr. Speaker, This administration’s failures of leadership in OF INDIANA people in Southeastern Massachusetts, and Iraq demands extensive Congressional over- IN THE HOUSE OF REPRESENTATIVES sight and accountability, not another blank Portuguese-Americans in particular, received Tuesday, April 12, 2005 check. The current policy is unsustainable. If very sad news on Sunday of this week of the Americans are to continue to bear the burden Mr. VISCLOSKY. Mr. Speaker, it is my dis- death of Antonio A. Costa. As the New Bed- of securing and rebuilding Iraq, rather than ap- tinct honor to commend two of Northwest Indi- ford Standard Times noted in its obituary of proving a blank check, we deserve a plan for ana’s most distinguished citizens, Mr. Bob this outstanding man, ‘‘Mr. Costa was an es- success and an exit strategy for America’s Anadell and Mr. Timothy Sanders. On Satur- teemed leader, establishing many firsts within troops. day, April 23, 2005, they will be honored for the New Bedford, Mass., Portuguese commu- nity.’’ Mr. Costa was a leader in establishing f their exemplary and dedicated service to the community. Their praiseworthy efforts will be Portuguese language media, and he went on HONORING THRESHOLDS PSY- recognized at the TradeWinds Gala 2005 ban- to be the Broadcasting Director for Voice of CHIATRIC REHABILITATION CEN- quet at the Radisson Hotel at Star Plaza in America in the Portuguese language section. TERS Merrillville, Indiana. He then returned to our area and again pro- Bob Anadell has had many positive accom- vided significant cultural, intellectual and eco- HON. RAHM EMANUEL plishments throughout his career. He actively nomic leadership to the Portuguese-American community in particular, and the broader com- OF ILLINOIS contributed to his community through partici- munity in general. After retirement, he contin- IN THE HOUSE OF REPRESENTATIVES pation in various programs aimed at improving opportunities for the people of Northwest Indi- ued his leadership role and produced the only Tuesday, April 12, 2005 ana. He has been a powerful member of the radio program in Portuguese in South Florida. Mr. EMANUEL. Mr. Speaker, I rise today to Northwest Indiana Building Trades, Secretary Mr. Speaker, Mr. Costa was exactly the kind honor Thresholds Psychiatric Rehabilitation Treasurer of the IBEW State Conference, of community leader that contributes to the Centers on the occasion of their 20th Annual Vice-President of the Indiana State AFL–CIO, strength of America and I ask that his extraor- Golf and Tennis Benefit. I am proud to rep- Trustee of the Lake Area United Way, Board dinary life and his contributions to others be resent this distinguished organization and I of Directors of TradeWinds, Member of the noted here. Mr. Costa’s life reminds us of the hope that the Congress will join me in recog- Lake County Integrated Services Delivery great benefit America derives from immigrants nizing their outstanding contributions to the Board, Chairman of the Board of Directors, In- such as himself and the attached editorial field of mental health rehabilitation. vestment Committee, and Executive Com- from the New Bedford Standard Times makes As one of the nation’s largest non-profit pro- mittee of the Legacy Foundation, as well as that clear. viders of mental health and recovery services, Co-Chairman of the Heroes Committee of the ANTONIO A. COSTA, LEADER IN PORTUGUESE Thresholds provides a critical service to mem- American Red Cross. COMMUNITY bers of the community that struggle with men- Tim Sanders enjoyed serving the public for POMPANO BEACH, FLA.—Antonio Alberto tal illness, as well as their families. Over 5,000 several years as Director of Senator RICHARD Costa, formerly of Southeastern Massachu- setts, died Sunday, April 10, 2005, unexpect- Chicago residents benefit yearly from the serv- G. LUGAR’s regional office. In addition to serv- edly at Imperial Point Medical Center. He ices provided by this impressive organization. ing Senator LUGAR, Tim has also worked with was the husband of Guida (Goncalves) Costa. Thresholds provides a comprehensive pro- Senators Dan Quayle and Dan Coats. Born in Lisbon, Portugal, he was the son of gram of therapeutic support, case manage- Through skillful networking within the state the late Jose M. and Maria A. (Correia) ment, education, job training and placement, and federal legislative agencies, he estab- Costa. He immigrated to America as a young and housing. With 30 service locations and lished solid relationships benefiting Northwest man.

VerDate jul 14 2003 05:25 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.057 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E621 Mr. Costa was an esteemed leader, estab- no stranger to the educational needs of our counties in her district. She attended the con- lishing many firsts within the New Bedford, community. He has held a number of impor- vention in Boston in July 2004 not only as a Mass., Portuguese community. He was a tant educational posts over the years, includ- delegate, but also as a member of the Penn- founder and past president of the Luso- American Soccer Association as well as the ing a professorship at the University of Texas sylvania State Education Association Caucus. Portuguese American Athletic Club in New at Austin, the title of Principal in the Fort Patty is currently a member of the Pennsyl- Bedford. Worth Independent School District, the post of vania State Education Association, the Lake- An entrepreneur, he began by purchasing Deputy Commissioner of the Texas Education land Education Association, the Laurel Garden Phillips Press and continued with the found- Agency, and many others. Club, and the Rock and Mineral Club of North- ing of Costa Imports. He founded the first On January 11, 2000, Dr. Ruben Olivarez eastern Pennsylvania. She is a very active Portuguese-language radio station in the was named Superintendent of the San Antonio member of the Lackawanna County Humane United States, WGCY, now broadcasting as Independent School District, which has a stu- WJFD–FM in New Bedford, and produced the Society, of which she is a former board mem- first Portuguese variety television program, dent population of approximately 57,000. He is ber. She can still be seen walking dogs in the ‘‘Passport to Portugal’’ on WTEV–TV. He currently responsible for the ‘‘Vision 2005 and St. Patrick’s Day parade or serving refresh- initiated a daily TV cable program ‘‘Pano- Beyond’’ plan for educational improvement. ments at fund raising events. Patty is a mem- rama of Portugal,’’ currently known as The Dr. Olivarez has helped to provide the guid- ber of the Marywood Alumni Club of North- Portuguese Channel, and purchased and pub- ance our schools need, keeping the needs of eastern Pennsylvania and belongs to Holy Ro- lished what is known as ‘‘The Portuguese our students an important priority. sary Parish in Scranton, where she is a mem- Times’’ newspaper, also in Southeastern Mr. Speaker, I am honored to recognize the ber of the choir. Patty was recently appointed Massachusetts. Mr. Costa relocated to Washington, D.C., Superintendent of the San Antonio Inde- to the Saint Joseph’s Auxiliary Board and is to represent Portugal as the Portuguese lan- pendent School District, Dr. Ruben Olivarez, working diligently on this year’s summer fes- guage broadcasting director for ‘‘Voice of for his dedicated service to our local schools. tival. America.’’ He returned to New England as f Patty received the Volunteer of the Year co-owner and director of Radio Club Por- CONGRATULATING PATTY LAWLER Award from the Association for Retarded Citi- tugal, ‘‘WRCP.’’ zens of Wyoming County for organizing the In recognition of his services to the Por- ON BEING NAMED WOMAN OF tuguese community, the government of Por- THE YEAR BY THE LACKA- adoption of a ward program at Clarks Summit tugal conferred upon him the rank of WANNA COUNTY FEDERATION OF State Hospital. comendador da ordem do infante dom DEMOCRATIC WOMEN Quality education and honest politics are henrique. Various civic organizations recog- Patty’s passions. She was exposed to politics nized his achievements as well. The Seven at a very early age when she and her sister Castles Club named him Man of the Year, as HON. PAUL E. KANJORSKI accompanied her parents to political functions. he received the Merit Award from the United OF PENNSYLVANIA The family attended functions such as the Na- Way as well as the Portuguese-American IN THE HOUSE OF REPRESENTATIVES tional Association of Postmasters Convention Federation. Tuesday, April 12, 2005 He received official citations from the at the Waldorf Astoria. Patty’s father was the Massachusetts and Rhode Island houses of Mr. KANJORSKI. Mr. Speaker, I rise today postmaster of Olyphant and first cousin to representatives, the Medal of Prestige from to pay tribute to Patty Lawler as the Lacka- County Commissioner Mike Lawler and Assist- the Portuguese Continental Union and the wanna County Federation of Democratic ant Postmaster General Jo Jo Lawler. The Annual Achievement Award from the Prince Women names her Woman of the Year. families were very close, and Patty recalls Henry Club. that, as little girls, she and her sister would ac- In retirement, he produced the only Por- Patty is the daughter of James and Dolores tuguese-language radio program in South Lawler. She was born and raised in the company their dad to the corner in Jessup Florida on WHSR–AM, where the trans- MidValley area, and currently lives in Clarks where the men met to talk about politics. mission continues via his Web site, Summit, Pennsylvania. Patty Lawler has a devotion to the commu- radioportugal.net. He also wrote periodic Patty is a graduate of St. Patrick’s High nity and expresses that through her willing- chronicles published in O Journal entitled School in Olyphant. She graduated from ness to volunteer her talents helping others. ‘‘Desabafos.’’ Marywood University with a bachelor of arts The Lackawanna County Federation of Demo- Survivors include his widow; two sons, Car- degree in education and theater. Patty was cratic Women is awarding this honor to her los Alberto Costa and his wife, Susan, of Westport, Mass., and Luis Manuel Costa and active in many clubs and organizations on this year because she works so hard to make his wife, Nancy, of New Bedford; a daughter, campus and was president of the class of a difference in Lackawanna County. Ana Maria Costa of New Bedford; five grand- 1971. She was a member of the Student Mr. Speaker, please join me in congratu- children; three great-grandchildren; and a Pennsylvania State Education Association and lating Ms. Lawler on the prestigious honor of nephew. the Marywood Players. She held leading roles being named Woman of the Year by the His funeral will be at 9 a.m., Friday from in many productions on campus and chaired Lackawanna County Federation of Democratic the Dartmouth Funeral Home, 230 Russells several committees including Sophomore Par- Women. Mills Road, Dartmouth, Mass., followed by a Mass of Christian Burial at 11 in Immaculate ents’ Weekend and the Junior Prom. Patty is Conception Church, New Bedford. Interment listed in the 1971 edition of Who’s Who f will be private. Among Students in American Colleges and CONCURRENT RESOLUTION ON Arrangements are by Porter Funeral Serv- Universities. ice, Westport. THE BUDGET FOR FISCAL YEAR Patty completed her graduate work at 2006 f Catholic University of America in Washington, HONORING THE CONTRIBUTIONS D.C. in theater and directing. She participated SPEECH OF OF DR. RUBEN OLIVAREZ, SU- in Shakespearean productions and rep- PERINTENDENT OF THE SAN AN- resented the university at a meeting with Ed HON. BETTY McCOLLUM OF MINNESOTA TONIO INDEPENDENT SCHOOL McMahon in New York City. DISTRICT Patty currently works as a second grade IN THE HOUSE OF REPRESENTATIVES teacher in the Lakeland School District, where Thursday, March 17, 2005 she is in her 27th year in the education field. HON. HENRY CUELLAR She has served as director of the Lakeland The House in Committee of the Whole OF TEXAS House on the State of the Union had under Curtain Club and also teaches theater courses IN THE HOUSE OF REPRESENTATIVES consideration the concurrent resolution (H. for Northeastern Educational Intermediate Con. Res. 95) establishing the congressional Tuesday, April 12, 2005 Unit. She has also worked at a summer camp budget for the United States Government for Mr. CUELLAR. Mr. Speaker, I rise today to for the Association for Retarded Citizens of fiscal year 2006, revising appropriate budg- recognize the Superintendent of the San Anto- Wyoming County where she trained campers etary levels for fiscal year 2005, and setting nio Independent School District, Dr. Ruben in the basics of acting for a performance on forth appropriate budgetary levels for fiscal Olivarez, for his contributions to the local com- the last day of camp. years 2007 through 2010: munity. Patty is a past president of the Lackawanna Ms. MCCOLLUM of Minnesota. Mr. Chair- Dr. Ruben Olivarez has dedicated his career County Federation of Democratic Women. She man, I rise in opposition to H. Con. Res. 95, to educating our youth. In 1970, Dr. Olivarez ran as a delegate for John Kerry to the 2004 the Republican Budget Resolution, and in sup- started his career in education. Having taught Democratic National Convention and received port of the Democratic Substitute offered by at J.T. Brackenridge Elementary School, he is the highest number of votes in each of the Mr. SPRATT.

VerDate jul 14 2003 05:31 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.061 E12PT1 E622 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 The Republican budget does not reflect the 50TH ANNIVERSARY OF THE SUC- HONORING THE LIFE AND priorities of our Nation or my Minnesota con- CESSFUL SALK POLIO VACCINE ACHIEVEMENTS OF HIS HOLI- stituents and will almost certainly have a neg- TRIALS NESS POPE JOHN PAUL II AND ative impact on America’s families. This legis- EXPRESSING PROFOUND SORROW lation reduces support for law enforcement, ON HIS DEATH fire fighters and local units of government. It HON. JOHN D. DINGELL fails to meet our commitment to our vet- SPEECH OF OF MICHIGAN erans—at a time when we are asking more HON. ALLYSON Y. SCHWARTZ and more of our military and their families. IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA Even the Republicans’ most creative use of IN THE HOUSE OF REPRESENTATIVES Tuesday, April 12, 2005 accounting gimmicks and phony projections Wednesday, April 6, 2005 still yields a record federal budget deficit, Mr. DINGELL. Mr. Speaker, I rise to mark a makes no allowance for the President’s plan Ms. SCHWARTZ of Pennsylvania. Mr. historic day in the history of public health. Fifty Speaker, on Saturday, April 2nd, 2005 the for Social Security, and fails to include the Iraq years ago today, Dr. Thomas Francis, Jr. an- war in the budget—which is currently costing world lost a great leader, a champion of peace nounced from the University of Michigan’s taxpayers $5 billion a month. and a beacon of hope to so many. Rackham Auditorium words that people The life of Pope John Paul II exemplified the This budget eliminates opportunities for our around the globe were waiting to hear: the virtues and duties of the faith he so devoutly children to be successful, including vocational Salk polio vaccine works. With those simple taught. As a young man, he fought oppression education programs, safe and drug free words, eradication efforts began in earnest to by defying the Nazi regime to secretly study schools, and Even Start. Republicans continue rid the world of this terrible disease. the teachings of his faith. As a priest, he to underfund No Child Left Behind and college fought for freedom by defying the Communist loan programs that provide access to higher For generations in the United States, the regime of Poland to teach the cherished val- education for millions of Americans. The budg- polio disease struck fear in the hearts of mil- ues of Catholicism. As the Holy Father, he et proposes to make deep cuts in Medicaid— lions of American parents and children. Late worked to end tyranny throughout the world. a proposal that will hurt low-income families, every summer, hot weather brought with it a After surviving an attempt on his life, John the elderly and disabled, health care workers rash of new cases of paralytic polio. No one Paul II—with unparalleled compassion and and our hospitals. These health care cuts will knew how to I prevent polio, nor was there a mercy—beseeched humanity to ‘‘Pray for the also create severe budget difficulties for our cure. Epidemics of polio could devastate brother who shot me, whom I have sincerely states and have been strongly opposed by a whole communities. For example, an epidemic forgiven.’’ Yet, just as his willingness to forgive bipartisan group of governors. The Republican was unmatched, so were his efforts to unite struck the state of New York in 1916 killing budget slashes funding for clean water pro- the global community. 9,000 people and leaving 27,000 disabled. In grams, farm conservation measures and fund- As the world’s leading arbiter of peace, ing for brownfields development. the 1940s and 50s, the number of cases re- John Paul II rejected efforts to use religion as ported in the United States ranged from a barrier or as a reason for war, instead using In fact, the proposal put forward by the Ma- 40,000 to 60,000 each year. This was the it as a bridge to bring people of different faiths jority inflicts so much burden on average fami- state of our nation affected by polio pre-1955. together. lies that it has been called ‘unjust’ by a broad He traveled the world more than any other Mr. Speaker, all that began to change in the religious coalition and was opposed by the Pope, preaching non-violence and mediating early 1950s. At that time, Dr. Jonas Salk, a major veterans organizations. If the federal conflicts. budget is a document that reflects the values postdoctoral student of Dr. Francis’s at the He reached out to the most vulnerable—the of President Bush and the Republicans in University of Michigan, developed a promising sick, impoverished and abandoned children— Congress then this budget is not only ‘unjust’ vaccine against poliomyelitis in his laboratory never letting religion determine who to care for but void of mainstream American values. at the University of Pittsburgh. In what has and help. I want fiscally responsibility, not larger defi- been called the largest cooperative effort un- He unambiguously rejected anti-Semitism, cits. My constituents demand a common dertaken in peacetime, the Salk vaccine was asking for forgiveness for past Christian intol- sense budget that returns our nation to sound tested in the most comprehensive field trials erances to Jews and courageously recog- fiscal decision making and balances the budg- ever conducted. Overseeing those trials was nizing the state of Israel. The world will forever be grateful for the et within seven years using common sense, Dr. Francis, Director of the Poliomyelitis Vac- pay-as-you-go budgeting like every family conviction with which John Paul II served and cine Evaluation Center and founding chair of led. And, he will be missed by the people of does. We need to put family priorities first by the Department of Epidemiology at the Univer- maintaining strong national security, strength- all faiths and of all regions. Through his love sity of Michigan School of Public Health. ening education, protecting veterans’ health and service to God he served billions of care and ensuring families are economically Mr. Speaker, the polio field trials were un- Catholics, but through his love and service of secure. For these reasons I strongly support precedented in scope and magnitude. Dr. humanity he served us all. the Democratic budget, a common sense al- Francis and his team of more than 100 statisti- f ternative to the dangerous and irresponsible cians and epidemiologists tabulated data re- HONORING THE CONTRIBUTIONS Republican plan. ceived from hundreds of public health officials OF BEXAR COUNTY JUDGE This Congress must make a real effort, as and doctors who participated in the study. The MARCIA S. WEINER proposed by the Democrats, to reduce the trials involved 1,830,000 children in 217 areas deficit rather than allow it to grow and remain of the United States, Canada and Finland. No HON. HENRY CUELLAR a burden for the next generation. We need to field trial of this scale has been conducted OF TEXAS be honest about the cost of the war in Iraq, since. IN THE HOUSE OF REPRESENTATIVES rather than continue to pass so-called ‘‘emer- This historic event is a source of pride for Tuesday, April 12, 2005 gency’’ supplemental appropriations as we did earlier this week. And we need to put families the University of Michigan and the state of Mr. CUELLAR. Mr. Speaker, I rise today to first. The President and House Republicans Michigan as a whole. Since that day fifty years honor the accomplishments and initiatives of choose tax breaks for corporations over stu- ago, polio has been nearly eradicated. In Au- Judge Marcia S. Weiner, Justice of the Peace dents and veterans’ as their top priority. gust 2002, there were no confirmed cases re- Precinct 2 of San Antonio, TX. Judge Marcia Weiner first became a resi- ported in the United States, and only 483 con- The Democratic substitute restores fiscal dent of San Antonio in 1956 when her hus- firmed cases of acute poliomyelitis reported to discipline and reduces the deficit while pro- band, Dr. Bernard K. Weiner, was transferred tecting the services our families depend upon, authorities worldwide. These successes all to Lackland Air Force Base. Since then, Judge keeping our communities and economy strong. began with the announcement from Rackham Weiner has become an attorney, teacher, ac- I am proud to support the Democratic sub- Auditorium fifty years ago today. tive community leader, mother of three daugh- stitute and I will continue to fight to ensure our ters, and a grandmother. families priorities are the priorities of Con- Judge Weiner earned a BA degree and life- gress. time teacher’s certificate with honors in 1965,

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.064 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E623 followed by a Doctor of Jurisprudence in 1970 The group continues to promote Catholic tion—will include debtor protections such as from St. Mary’s University. In 1971, Judge Irish heritage and culture through support of credit counseling, financial management Weiner began her legal career with the U.S. seminarians, their annual St. Brigid Mass, an- courses, and greater clarity in credit card bill- Department of Housing and Urban Develop- nual St. Patrick Mass, participation in Irish cul- ing statements. ment (HUD). Judge Weiner continued to work tural history and dance programs, the Irish It isn’t enough to punish the abusers and for HUD for over 26 years and retired as Chief teachers program and parades in honor of St. protect the victims; we must develop a credit Counsel. While a Chief Counsel, Judge Patrick. system that helps consumers manage their Weiner was responsible for all HUD program St. John Neumann Division 1 produced two debt before they get in too deep. legal issues throughout a 57 county jurisdic- past LAOH state presidents, Claire McNelis The bankruptcy bill is another example of tion and was named the most outstanding Karpowich and Kate Brennan Angerson, and the far-sighted and fair-minded reform agenda HUD Chief Counsel in the country. is currently represented on the State board of the House has been passing for a decade. In January of 2001, Judge Weiner became directors by Maureen Lavelle, who serves as It has been a long time coming, Mr. Speak- a Justice of Peace for Precinct 2 of San Anto- State historian. er, but this week we will get the job done. nio, TX. As Justice of Peace, she has contin- Mary Ann Amesbury is the current president f ued to improve the Precinct 2, which oversees of St. John Neumann Division 1. Division offi- GOVERNOR GRANHOLM, SBC COM- evictions, small claims, juvenile disorderly con- cers include: Kellie Knesis, vice president; MUNICATIONS, THE MICHIGAN duct cases, misdemeanors and truancy. Judge Maureen Lavelle, recording secretary; Su- ECONOMIC DEVELOPMENT COR- Weiner strongly believes that juveniles can be zanne Cosgrove, treasurer; Margaret Tudgay, PORATION AND THE COMMU- redirected through early intervention with the financial secretary; Mary Ellen Dooley, histo- NICATIONS WORKERS OF AMER- right kind of counseling. rian; Ann Marie O’Hara, missions and char- ICA As an active volunteer and leader in the ities; Eileen Potsko, Catholic action; Donna community, Judge Weiner continues to make Mangan, sentinel and Mary Kathleen Williams, significant contributions to the advancement of mistress at arms. HON. JOHN CONYERS, JR. OF MICHIGAN equal opportunity, the elevation of federal Mr. Speaker, please join me in congratu- IN THE HOUSE OF REPRESENTATIVES women’s careers, and to the legal awareness lating the Ladies Ancient Order of Hibernians, of aging seniors and retired federal employ- St. John Neumann Division 1, on this notable Tuesday, April 12, 2005 ees. Among her many honors and awards, occasion. The Wilkes-Barre area community is Mr. CONYERS. Mr. Speaker, I rise today to Judge Weiner was recognized as ‘‘Texas fortunate to have the benefit of the selfless commend SBC Communications, Inc.; its Women to Watch’’ from 2002 to 2004 by the community service that members of the LAOH Michigan president Gail Torreano; the Gov- Business and Professional Women Founda- provide. ernor of my home State of Michigan, Jennifer tion. f Granholm; and representatives from the Michi- Mr. Speaker, it is my honor today to recog- gan Economic Development Corporation and nize Judge Marcia Weiner for her dedication, BANKRUPTCY REFORM the Communications Workers of America. commitment, and service to the betterment of Earlier this month they came together to society. HON. TOM DeLAY unveil a ten-year economic development f OF TEXAS project, which will keep 930 metropolitan jobs IN THE HOUSE OF REPRESENTATIVES in Detroit and invest over $3.6 million to up- CONGRATULATING THE LADIES Tuesday, April 12, 2005 grade seven network facilities in Southfield ANCIENT ORDER OF HIBER- and Detroit. This incredible news comes only NIANS, ST. JOHN NEUMANN DIVI- Mr. DELAY. Mr. Speaker, every year, loop- four months after SBC had initially announced SION 1, ON THE 25TH ANNIVER- holes in America’s bankruptcy laws are plans to layoff workers. SARY OF ITS CHARTER abused, to the tune of tens of billions of dol- Over the past five years, Michigan has lost lars—costs that get passed on to consumers nearly 300,000 jobs, and has had little pros- HON. PAUL E. KANJORSKI in higher prices and higher interest rates. pect for significant job growth in sight. My OF PENNSYLVANIA Our bankruptcy protections, which have al- State’s unemployment rate was nearly two IN THE HOUSE OF REPRESENTATIVES ways been available to debtors as a last re- percent above the nation’s average. That sort, have become just another part of finan- Tuesday, April 12, 2005 number increasingly looked gloomier with cial planning for too many Americans. news last week that General Motors expects Mr. KANJORSKI. Mr. Speaker, I rise today Over the last 15 years, bankruptcy filings to lose money in this year’s first quarter. As a to ask you and my esteemed colleagues in the have increased 150 percent. result, their stock dropped 14 percent. My dis- House of Representatives to pay tribute to the In that time, our economy has grown, tens tinguished colleagues, there is no question Ladies Ancient Order of Hibernians, St. John of millions of jobs have been created, and in- about it—jobs in Michigan are in jeopardy. Neumann Division 1, of Wilkes-Barre, Penn- flation has been held in check. But now, the future appears brighter with sylvania, on the occasion of the 25th anniver- There are always families and businesses in SBC Communications and others leading by sary of their charter that occurred in January need of bankruptcy protection, but not 1.7 mil- example in recognizing that corporations play of 1980. lion of them a year, Mr. Speaker. an integral role in their communities, and cor- The primary purpose of the LAOH, which Nor should drug traffickers and violent crimi- porate decisions have consequences that was first organized as the ‘‘Daughters of Erin’’ nals be eligible for protection. Nor should reach much further than their own bottom line. in 1894 in Omaha, Nebraska, was to protect debtors be able to use bankruptcy laws to Such an agreement could not have been young immigrant Irish girls coming to the avoid paying spousal and child support, which reached without strong leadership and a United States. The LAOH offered support and should—as this bill ensures—be the highest shared vision for the future from all parties in- encouragement and assisted the young priority debts. Nor should small businesses, volved. This agreement to keep SBC Commu- women to secure employment. The LAOH family farmers, and fishermen be thrown to the nications’ business in Michigan not only exhib- also assisted the AOH in its efforts to aid the wolves every time their market takes a tem- its the great benefits that partnerships be- sick and needy and to defend priests, church porary downturn. tween the private and public sectors can reap and country. That is why the Bankruptcy Abuse Preven- for our nation’s metropolitan communities, but In keeping with the original spirit of the tion and Consumer Protection Act of 2005 has more specifically, it demonstrates the success LAOH, St. John Neumann Division 1 con- been a critical item on the Republican eco- of Michigan’s economic development pro- tinues to assist young women of Irish descent nomic agenda for so long. grams and their capability of serving as a by providing an annual scholarship to Bishop And that is why the House this week will fi- prime example for the rest of America’s cities Hoban High School in Wilkes-Barre. They as- nally pass a finished bill—already passed by and states. sist the sick and needy by adopting a family the Senate—and send it on to the President In agreeing not to move nearly 1,000 jobs each year and contributing time and resources for his signature. out of Michigan, SBC Communications will re- to the local soup kitchens and nursing homes. These loopholes need closing, and at the ceive a single business tax credit worth ap- They also volunteer their time and resources same time, honest American debtors will al- proximately $18 million from the Michigan to assist the American Red Cross, the Salva- ways need protection. Economic Development Corporation, in addi- tion Army, the American Diabetes Association That is why the bill we will take up—the tion to an Economic Development Job Train- and other worthy community programs. product of years of development and negotia- ing grant of up to $930,000. The proposed

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.067 E12PT1 E624 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 cuts had been part of a planned company- HONORING THE CONTRIBUTIONS reduced if we take responsible steps now to wide reduction of 10,000 workers by the end OF PRECINCT 1 JUDGE SAUL improve our fiscal situation. of this year. And other companies are also ACEVEDO This week the House is scheduled to con- staying, too, rather than moving to neighboring sider a full repeal of the estate tax. Repeal of states as they had once considered. Assay HON. HENRY CUELLAR the estate tax will cost approximately $290 bil- lion over just the next ten years, and although Designs, Inc. will be adding 86 new jobs and OF TEXAS I support full repeal in theory, the sad truth is IN THE HOUSE OF REPRESENTATIVES investing an additional $18 million to a new that our country cannot afford the luxury of an site in Washtenaw County’s Pittsfield Town- Tuesday, April 12, 2005 estate tax repeal at this time. ship. Faurecia, a Michigan auto supplier, will Mr. CUELLAR. Mr. Speaker, I rise today to My legislation would provide immediate re- be creating nearly 450 more jobs in Sterling honor the important contributions of Judge lief by raising the amount of an estate exempt Heights as part of a $40 million expansion. Saul Acevedo, of my Congressional District. from any estate tax liability from $1.5 million to Emerald Graphics Corp. will be producing an Saul Acevedo was born and raised in San $3.5 million. Additionally, the exemption for additional 347 new jobs near Grand Rapids, Antonio and has been actively involved in the married couples would rise to $7 million under rather than in Texas. And with these Michigan community. He is a product of San Antonio my bill. I believe this measure strikes an ap- fixtures staying, who knows what the future Independent School District and graduated propriate balance between the enormous cost holds for our great State. from Jefferson High School in 1981. He of full repeal and the unacceptable cost of doing nothing. 99.7 percent of the estates in The significance of this private-public part- earned his Bachelors Degree in Political Science in 1986 from the University of Texas our country would face no estate tax liability at nership cannot be overstated. In addition to at San Antonio. He then enrolled at Texas all under this legislation. the immediate consequence of job retention, Southern University, and in 1989 earned his Further, H.R. 8, the estate tax repeal bill the University of Michigan projects that the Law Degree. that the House will consider in the near future, State’s agreement with these companies will Judge Acevedo was elected as Precinct 1 would preserve the reinstitution of carryover create an additional 1,210 jobs and generate Justice of the Peace in 1998; he works con- basis rules that are contained in the 2001 tax over $97 million in revenue for Michigan over stantly to ensure that the people of his com- law. Replacing the step-up in basis that cur- the next ten years, with another 1,000 jobs in- munity receive the services they need from rently exists with the carryover basis rules that directly generated at other area companies. local government. He is a credit to his commu- used to exist in our tax code, and will tempo- rarily reappear in 2010, would impose a very Rather than facing the prospect of helplessly nity and a tremendous resource for his county. real, very significant compliance burden, and watching hundreds of families potentially flee During his time in office he has dedicated himself to the youth of the community. He is capital gains tax increase, on approximately the metropolitan area—or even the state—in 71,000 estates every year. By repealing the extremely active in District 19 little league search of new jobs, Michigan’s economic fu- step-up in cost basis, which allows heirs to baseball, and is a past league president. ture looks brighter with a commitment that value an inherited asset at the market value of There is one role that Judge Saul Acevedo these hard workers will remain at home and that asset on the date of a benefactor’s death, plays in the community that trumps everything; continue to contribute to the State’s economy. H.R. 8 would force individuals and families to he is married to Marietta and has two beautiful Instead of disrupting their children’s lives with determine the price of a transferred asset at children. the date at which the asset was originally pur- moves to new schools, SBC employees will Mr. Speaker, I am proud to have this oppor- chased. This means that a piece of property continue to root themselves in their respective tunity to recognize Judge Saul Acevedo for his originally purchased several decades ago for local communities. dedication and contributions to the community. $25,000 and sold for $325,000 today would be I see no reason why other States cannot f subject to a taxable capital gain of $300,000. create similar incentive programs to keep pri- INTRODUCTION OF ESTATE TAX Taxable gains on transferred property are par- vate sector jobs within their borders as well. RELIEF LEGISLATION ticularly burdensome in light of the unprece- The tax credits that Michigan has extended to dented real estate boom our country has ex- SBC Communications, Assay Designs, HON. DENNIS MOORE perienced over the last several years. My leg- Faurecia, and Emerald Graphics Corp. are just islation would preserve the step-up in basis OF KANSAS the start. My home state recognizes that cor- and thereby provide substantial capital gains IN THE HOUSE OF REPRESENTATIVES porations naturally desire to expand. And it tax relief to thousands of American families. also recognizes that the State has too many Tuesday, April 12, 2005 Full repeal of the estate tax may still be an brownfields that require developing. These two Mr. MOORE of Kansas. Mr. Speaker, I rise option for future Congresses to consider, but are not mutually exclusive. So Michigan has today to introduce legislation that would repeal until we are able to improve the fiscal situation decided to invest in its own future. And what the estate tax for 99.7% of all estates in our of our country, Congress should attempt to strike a balance between total repeal and the will be the reward? An anticipated $558 million country. status quo, which will significantly increase the in private investment! Michigan has proven During my time in Congress, I have strongly supported estate tax relief for American fami- estate tax burden in 2011. We need to ensure that it is committed to working with labor and that the federal government is preparing ade- management. Our State has shown that it truly lies, farmers, and small businesses, and con- tinue to support the ability of one generation to quately for the unprecedented demographic has an open door policy, and will meet and transfer a business and assets to the next shift that will strain Social Security and Medi- work with all those interested in doing busi- generation. During my first term in Congress I care in the decades to come. Spending nearly ness within its borders, whether your company voted to override then-President Clinton’s veto $300 billion over the next ten years on full re- resides there already and is looking to ex- of a measure that repealed the estate tax, and peal of the estate tax poses a genuine threat pand, or is looking to relocate to a local econ- later voted for President Bush’s 2001 tax cut to Social Security and Medicare and will im- omy that suddenly has a more optimistic fore- package, which included a phase-out and tem- pose an unnecessary burden on our children cast. porary repeal of the estate tax. and grandchildren, who will be forced to pay back with interest the debt we are accumu- I encourage my colleagues in Congress to Unfortunately, however, our country’s fiscal lating today. take a close look at what Governor Granholm, situation has changed dramatically over the f SBC Communications, the Michigan Economic last several years, and while I continue to sup- port estate tax relief, I also continue to support Development Corporation and the Commu- BACK OUR VETERANS’ HEALTH fiscally responsible policies that will not trans- nications Workers of America have accom- ACT fer trillions of dollars in debt to future genera- plished. I see no reason why such a success tions. On February 17, 2004, the national debt story cannot be replicated in other States as of the United States exceeded $7 trillion for HON. BOB FILNER OF CALIFORNIA well. In closing, I commend all those parties the first time in our country’s history. One year IN THE HOUSE OF REPRESENTATIVES involved; am grateful for their willingness to later, our national debt is $7.8 trillion. In the work together for our State’s future; and hope past year alone, our country has added $800 Tuesday, April 12, 2005 that this is just the beginning of many success billion to our national debt. The ‘‘debt tax’’ that Mr. FILNER. Mr. Speaker, and colleagues, stories to come out of Michigan and America’s we are imposing on our children and grand- since the creation of the Department of Vet- other 49 States. children cannot be repealed, and can only be erans Affairs health care system, the Nation’s

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.070 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E625 doctors of chiropractic have been kept outside be on our way to seeing the true and full inte- 95. Had I been present, I would have voted and all but prevented from providing proven, gration of chiropractic care into the VA. But ‘‘no.’’ cost-effective and much-needed care to vet- Mr. Speaker, if the past is any guide to the fu- f erans, including those among the most vulner- ture, then I must remain concerned until I see able and in need of the range of the health these new polices firmly in place and working ESSEX MARINA 50-YEAR care services that doctors of chiropractic are well in all VA treatment facilities. To help en- ANNIVERSARY licensed to provide. In 2002, 4.5 million pa- sure that, in the future, barriers to veterans tients received care in VA health facilities, in- who want and need chiropractic care are fully HON. ROB SIMMONS cluding 75 percent of all disabled and low-in- removed, I am pleased to introduce legislation OF CONNECTICUT come veterans. Although the VA health care that would require the VA to make chiropractic IN THE HOUSE OF REPRESENTATIVES budget was roughly $26 billion in 2002, less care available on a direct access basis to our Tuesday, April 12, 2005 than $370,000 went toward chiropractic serv- veterans. Mr. SIMMONS. Mr. Speaker, on April 2005, ices for veterans. This, in a country with more Perhaps my legislation will prove not to be a milestone was reached by one of eastern than 25 million chiropractic patients and more necessary—because referrals to doctors of Connecticut’s finest waterfront establishments than 60,000 Doctors of Chiropractic. chiropractic will actually take place with the when Essex Island Marina celebrated its 50th I am proud to introduce legislation—H.R. encouragement and support of the leadership anniversary. 917, The Better Access to Chiropractors to of the VA. But as insurance, the enactment of A half century ago Louis Schieferdecker, the Keep Our Veterans Healthy Act (BACK Our the legislation I propose would guarantee the son of a German immigrant, made a small in- Veterans Health Act)—that is designed to pro- right of a veteran to obtain this important serv- vestment that would end up becoming an vide veterans with direct access to a Doctor of ice without the cost and stumbling blocks of eastern Connecticut institution. Mr. Chiropractic, if that is their choice, through the going through potentially hostile gatekeepers. Schieferdecker bought Essex Island in 1955 veterans health care system. In developing Accordingly, I urge my colleagues to join me and created a tradition of service and a suc- this bill, I have worked closely with chiropractic in supporting unimpeded access to chiro- cessful business that his family owns and op- patients, particularly our veterans, who know practic care throughout the veterans health erates today. Essex Island Marina began as a the benefits of chiropractic care and bear wit- care system and help enact this measure, boat yard with several slips; today it is one of ness to the positive outcomes and preventa- H.R. 917. southeastern Connecticut’s most picturesque tive health benefits of chiropractic care. f places. Lou Schieferdecker had a dream and Specifically, my bill seeks to amend Title 38 he pursued it with a positive attitude and a de- of the United States Code to permit eligible HONORING THE CONTRIBUTIONS OF PASTOR TERRENCE K. HAYES termination to make it work. veterans to have direct access to chiropractic During the first 10 years of operation the care at VA hospitals and clinics. Section 3 of marina added to its services and amenities the measure states that ‘‘The Secretary [of HON. HENRY CUELLAR and also increased the number of docks. The Veterans Affairs] shall permit eligible veterans OF TEXAS family installed a swimming pool, built the to receive needed [health care] services, reha- IN THE HOUSE OF REPRESENTATIVES deck and added game rooms, a snack bar bilitative services, and preventative health Tuesday, April 12, 2005 and a convenience store. services from a licensed doctor of chiropractic But for the Schieferdecker family the most on a direct access basis at the election of the Mr. CUELLAR. Mr. Speaker, I rise to recog- important part of the marina is not the dock or eligible veteran, if such services are within the nize Pastor Terrence K. Hayes of St. Paul any of the amenities or services they provide; State scope of practice of such doctor of United Methodist Church for his exceptional it’s the people who come and enjoy the expe- chiropractic.’’ The measure goes on to directly career in public service. rience. In the words of the family, ‘‘Today we prohibit discrimination among licensed health Terrence K. Hayes has served our commu- see it when the grown children of past guests care providers by the VA when determining nity for over thirty years. He has provided spir- bring their children to share the experience. In which services a patient needs. itual guidance and community leadership for the last 49 years a 13 acre island has been Over the years, Mr. Speaker, representa- those who need it the most. transformed from a place to ‘dock your boat’ tives of the Department of Veterans Affairs Pastor Hayes has served as the senior pas- to a place where memories are made.’’ have come before the House Veterans Affairs tor of St. Paul United Methodist Church since Boaters have responded to the beautiful fa- Committee, a panel on which I serve, and 1996. He is a man who believes in the impor- cility. In 2004 the readers of ‘‘Offshore Maga- have insisted that chiropractic benefits are tance of reaching out and helping those in zine’’ named Essex Island Marina the second available to veterans and that no bias exists need. An active and passionate advocate of ‘‘Most Welcoming Destination’’ in the entire within the VA against the chiropractic profes- the people, he has held a number of leader- northeast and voted it number one in the sion. But the facts I cited above speak other- ship and community service positions. northeast in the ‘‘Favorite Marina For A Week- wise. For all practical purposes, access to Pastor Hayes is the recipient of numerous end’’ category. chiropractic care has been non-existent within awards including the Outstanding Young Men Building a successful business and gener- the VA system. Chiropractic care has so sel- of America, the National Fellowship Fund, the ating the kind of loyalty and appreciation ex- dom been offered to veterans that it can be Earl L. Harrison Fellowship, the Henry C. May- pressed by the readers of ‘‘Offshore Maga- fairly said to be a phantom benefit—and for nard Award of Outstanding Pastoral Potential, zine’’ are not the result of being lucky. It’s the years, Mr. Speaker, the VA has done nothing and the Who’s Who in America College Stu- result of working long hours to achieve a to correct this deficiency. There is simply no dents from Hampton Institute. He has written dream and always maintaining a commitment evidence that the VA has ever acted numerous publications including Collaborating to do nothing less than your best. For 50 proactively in any meaningful and substantive in Ministry, Fundraising Resources of the years the Schieferdecker family has been de- way to ensure that chiropractic care is made United Methodist Church, and a number of voted to the boating public and the boating available to veterans—and because of that short stories and newspaper articles. public has returned that dedication to the track record of neglect, the U.S. Congress felt Mr. Speaker, I am honored to have the op- Schieferdeckers and Essex Island Marina. I compelled to take action. portunity to recognize the hard work and im- congratulate this hard working family and As a result, Congress in recent years has portant community achievements of Pastor Essex Island Marina for the first 50 years and enacted three separate statutes seeking to en- Terrence K. Hayes. I am delighted that they are part of our east- sure veterans access to chiropractic care f ern Connecticut family. (Public Law 106–117, Public Law 107–135 and Public Law 108–170). The last of those PERSONAL EXPLANATION f statutes gives explicit authority to the VA to HONORING PASTOR JERRY DAILEY hire doctors of chiropractic as full time employ- HON. JIM RYUN ees. I’m proud to have worked with colleagues OF KANSAS HON. HENRY CUELLAR on both sides of the aisle to help advance IN THE HOUSE OF REPRESENTATIVES OF TEXAS those initiatives—and I am hopeful that a re- Tuesday, April 12, 2005 IN THE HOUSE OF REPRESENTATIVES luctant VA has finally seen the light. I understand that, last year, former VA Sec- Mr. RYUN of Kansas. Mr. Speaker, on Tuesday, April 12, 2005 retary Principi released new policy directives March 17, 2005, I was unable to vote on roll- Mr. CUELLAR. Speaker, I rise today to rec- regarding chiropractic care and that we may call 87, the Spratt Amendment to H. Con. Res. ognize Dr. Jerry Dailey for his dedication and

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.075 E12PT1 E626 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 service as a Pastor and community leader in today gives the Secretary of Health and ernment services and operations and the add- San Antonio, Texas. Human Services, acting through the Centers on cost to local taxpayers that otherwise Dr. Dailey was born in Anderson, Indiana. for Medicare and Medicaid Services, the au- would be carried by the federal government or He attended the public schools of Duval Coun- thority to use the National Coverage Deter- commuters. According to the GAO, (confirming ty Florida, and later graduated from Andrew mination Process to expand coverage for two other major studies; McKinsey, March Jackson Senior High School. After high other disease and conditions for which these 2002 and Brookings, October 2002) the result- school, Dr. Dailey received a basketball schol- services would be both beneficial and cost-ef- ing imbalance is exclusively federal and has arship to study at Bethune-Cookman College. fective. three sources: federal use of the city’s most In college, Dr. Dailey was elected Senior Providing Medicare coverage for medical valuable land; the city’s continuing responsi- Class President and was also a recipient of nutrition therapy services is sound health care bility for many costly state functions; and the the Crown Zellerbach Foundation Scholarship policy. It can prevent unnecessary pain and commuter tax ban, despite services the Dis- to study one year at the University of Cali- suffering and save millions of dollars in health trict must provide to 200,000 federal employ- fornia, Berkeley. In 1975, he graduated cum care costs by lessening the risk of chronic dis- ees. The GAO concluded that the only options laude with a B.S. in Psychology. Dr. Dailey ease, slowing disease progression, and reduc- to relieve the structural imbalance are: to went on to obtain a Masters of Divinity degree ing symptoms. In response to a request in the ‘‘change Federal procedures and expand the in 1979 from Philadelphia’s Eastern Baptist 1997 Balanced Budget Act, the Institute of District’s tax base or provide additional finan- Theological Seminary and a Doctor of The- Medicine of the National Academy of Sciences cial support and a greater role by the Federal ology degree in 1991 from San Antonio’s Gua- studied the value of adding medical nutrition government to help the District maintain fiscal dalupe College. Dr. Dailey also holds many therapy coverage to the Medicare program balance.’’ The Fair Federal Compensation Act other honorary degrees for his work in divinity. and concluded that this coverage would ‘‘im- of 2005 we introduce today responds specifi- For the past 28 years, Dr. Dailey has served prove the quality of care and is likely to be a cally to these GAO findings. many communities as a pastor and community valuable and efficient use of Medicare re- leader. Since 1985, Dr. Dailey has been the sources, because of the comparatively low Our bill offsets part, though not all, of the Pastor of Macedonia Missionary Baptist treatment costs and ancillary benefits associ- annual structural imbalance—found by the Church in San Antonio, Texas. He continues ated with nutrition therapy.’’ GAO to be between $470 million and up to to lead the church today and has led many ini- I urge my colleagues who have not yet co- more than $1.1 billion—by providing for an an- tiatives in Macedonia’s major expansion and sponsored this legislation to join us in this ef- nual federal contribution of $800 million. Un- renovation efforts. Other community projects fort. like the old federal payment, which remained constant and therefore lost much of its value of Dr. Dailey’s have been establishing the f Good Samaritan Food Ministry and Youth through inflation, the federal contribution would Scholarship Fund. INTRODUCTION OF THE FAIR FED- increase annually. The federal contribution Among his many accolades, Dr. Dailey re- ERAL COMPENSATION ACT OF funds would go to a dedicated D.C. infrastruc- ceived the 2000 MLK Distinguished Achieve- 2005 ture support fund. The District does not have ment Award Nomination from the City of San an operating deficit or imbalance and these Antonio MLK Commission and was the first Af- HON. ELEANOR HOLMES NORTON federal funds could not be used for operating rican American appointed to the Administrative OF THE DISTRICT OF COLUMBIA expenses. The bill provides specific uses only Executive Board of the Baptist General Con- IN THE HOUSE OF REPRESENTATIVES for the non-operating and urgent capital needs vention of Texas (BGCT). He is now the newly that are delayed each year in favor of keeping Tuesday, April 12, 2005 elected President of the African American Fel- the D.C. government operating. The federal lowship of the BGCT. His many awards and Ms. NORTON. Mr. Speaker, the entire bi- contribution would be available only for stated recognitions attest to the breadth of his serv- partisan regional House delegation of the na- infrastructure purposes, such as roads and ice through the years. tional capital region introduces today the Fair school construction and repairs, and for reduc- Dr. Dailey is married to the former Janice M. Federal Compensation Act of 2005 to address ing the District’s debt—the highest in the Pullen and they are the parents of three the District of Columbia’s structural imbalance. country. High debt and the interest that re- daughters named Joy Marie, Jasmine Noelle, The original co-sponsors are: Government Re- sults, of course, produce excessive taxes. The and Jeri Nicole. He constantly serves as a role form Committee Chair TOM DAVIS, Appropria- bill also would improve the District’s invest- model and inspiration for his congregation and tions Subcommittee Chair FRANK WOLF, ment bond rating and thus reduce our present the local community. It honors me today to Democratic Whip STENY HOYER, Former Con- high interest payments, all charged to tax- have the chance to recognize and thank Dr. gressional Black Caucus Chair ELIJAH payers. Dailey for his many years of service and con- CUMMINGS and Representatives JIM MORAN, tribution. CHRIS VAN HOLLEN, and ALBERT WYNN. Mont- In 1995 Congress carne to grips with the re- ality that this city’s responsibilities assume it is f gomery County Executive Doug Duncan has authorized me to say that he suports this bill a state, although it lacks a broad state tax INTRODUCTION OF THE MEDICARE as well. base and that the District could no longer be MEDICAL NUTRITION THERAPY D.C. residents and businesses are proud of expected to shoulder the full set of state costs. ACT OF 2005 eight straight years of balanced budgets that Congress relieved the District of the costs of pay for the operations of our government. Yet, some but not all state functions and left the HON. FRED UPTON residents and Congress probably know little unique federal structural impediments de- scribed in the GAO report. Nevertheless, the OF MICHIGAN about the city’s structural imbalance, which ac- District has made remarkable progress, main- IN THE HOUSE OF REPRESENTATIVES cording to the GAO, is entirely from federal sources. However, D.C. taxpayers and Con- taining balanced budgets and surpluses every Tuesday, April 12, 2005 gress are paying for this imbalance in millions year despite adverse national economic condi- Mr. UPTON. Mr. Speaker, I am pleased to of dollars in taxes and interest. Residents and tions and improving city services. The CFO join with Representatives ANNA ESHOO, LEE businesses pay to cover a structural imbal- has ominously warned, however, that looking TERRY, DAVID WU, XAVIER BECERRA, and JO ance caused by federal mandates and require- to the out years, the structural imbalance en- BONNER in introducing the bipartisan Medicare ments with higher local taxes and the highest dangers the city’s financial future and cannot Medical Nutrition Therapy Act of 2005. Under debt load in the nation. Our bill will help the continue to be carried by the District alone. It current law, Medicare provides coverage for Congress and city residents understand what would be tragic for Congress to allow the medical nutrition therapy services provided by the structural imbalance is and how it affects progress that has been made to be retracted registered dietitians and nutrition professionals taxpayers and the D.C. government. because of dangerous and escalating uncom- to Medicare beneficiaries with diabetes and The goal of the bipartisan bill we introduce pensated federal burdens. The Fair Federal renal diseases. Recognizing that many other today is to prevent another fiscal crisis for our Compensation Act of 2005 would allow the beneficiaries with diseases and conditions city and to relieve some of the unsustainable District to avoid great risks, to continue to such as cardiovascular disease and obesity load on the D.C. government and on residents build fiscal strength, and to relieve D.C. tax- could benefit from medical nutrition therapy and businesses. The structural imbalance is payers ofthis federal structural financial bur- services, the legislation we are introducing the difference between the cost of D.C. gov- den.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.080 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E627 HONORING THE CONTRIBUTIONS organizations oppose the IRS proposal: Citi- dation and abuse. We must ensure that per- OF SAN MARCOS CITY COUNCIL- zens for Tax Justice, Consumer Federation of sonal financial records are protected and re- MAN BILL TAYLOR America, Consumers Union, National Con- main private. Two decades ago this Congress sumer Law Center, National Consumers passed the Fair Debt Collection Practices Act HON. HENRY CUELLAR League. specifically to protect Americans from intimida- Late last year, Congress enacted H.R. OF TEXAS tion and abuse, but last year this Congress 4520, the corporate tax bill, which included a IN THE HOUSE OF REPRESENTATIVES perpetrated an injustice by allowing these very provision that will give the IRS the authority to abuses to go forward. Tuesday, April 12, 2005 use private collection agencies to collect tax I urge my colleagues to join me in working Mr. CUELLAR. Mr. Speaker, I rise today to debt. This means that up to 2.6 million tax re- with the IRS to find a more effective means of honor the distinguished public service of San turns—which until then were only scrutinized collecting delinquent tax debt collection and Marcos City Council member Bill Taylor. by federal government employees—will now avoid this risky scheme altogether. Let’s pass In 1971, Bill Taylor earned his Bachelor’s be open to private collection agencies and an the Taxpayer Abuse Prevention Act. Degree in Government, graduating with hon- untold number of private debt collection staff. What’s more worrisome is the IRS’ inability ors from San Marcos Baptist Academy. He f served for 6 years in the Texas Army National to oversee the work of these private debt col- Guard, and has been a member of the Na- lectors. A 1996 pilot program for private col- RECOGNIZING SALEM HOUSING lection was so unsuccessful that a similar pilot tional Society of Certified Insurance Coun- COMMUNITY DEVELOPMENT COR- program planned for 1997 was cancelled out- selors. Currently, he is a Commercial Mar- PORATION right. The contractors used in the pilot pro- keting Manager for Bill Taylor & Associates, grams regularly broke the Fair Debt Collection Inc. Practices Act, did not protect the security of HON. DALE E. KILDEE Mr. Taylor was elected to the San Marcos personal taxpayer information, and even then OF MICHIGAN City Council in 2002. He has had a tremen- failed to bring in a net increase in revenue. IN THE HOUSE OF REPRESENTATIVES dously productive career in public service, The IRS has said that it has learned from working on the City’s Airport Commission and the 1996 project and is better equipped to ad- Tuesday, April 12, 2005 on the Small Business Development Council. dress the problems raised. However, even re- Mr. KILDEE. Mr. Speaker, today I rise to Bill has spent his spare time volunteering for cent evidence is to the contrary. An eye-open- congratulate Salem Housing Community De- the San Marcos CISD Bond Committee, the ing report by the Treasury Inspector General velopment Corporation, located in my home- Chilympiad Board of Directors, and has been for Tax Administration (TIGTA Audit town of Flint, Michigan. On April 14, civic and honored with the title of El Jefe. #200320010) shows how IRS contractors put community leaders will gather to honor Salem Bill Taylor has lived a life of enormous serv- taxpayers’ data at risk. The TIGTA audit found Housing at a Celebration and Awards Banquet ice to his community. Since arriving in San that the ‘‘lack of oversight of contractors re- entitled, ‘‘20 Years of Building Community.’’ Marcos 39 years ago, he has been at the cen- sulted in serious security vulnerabilities.’’ The Salem Housing was created in 1984 by 5 ter of volunteer project after volunteer project. report found that ‘‘contractors blatantly cir- neighborhood organizations and a church on Along with his many accomplishments for the cumvented IRS policies and procedures even Flint’s north side. These 6 groups were people of San Marcos, Bill has 6 children with when security personnel identified inappro- brought together by common concerns about his wife Debbie. priate practices.’’ In fact, the report found that the deteriorating housing stock in their shared Mr. Speaker, City Council member Bill Tay- contractors made hundreds of calls to tax- neighborhood: vacant and deteriorating lor is an exemplary public servant. His work payers during times prohibited by the FDCPA, houses, a declining homeownership base, and has made San Marcos safer, healthier, more and that calls were even placed as early as low-quality rental housing with high rents. efficient and more prosperous. I am proud to 4:19 a.m. They also shared concerns for those families have the chance to thank him here today for The objective of the review was ‘‘to deter- who had to live in these deteriorated housing all he has done for his fellow Texans. mine whether the Internal Revenue Service structures due to lack of financial resources, f (IRS) has adequately protected Federal Gov- or unavailability of other housing options. As a INTRODUCTION OF THE TAXPAYER ernment equipment and data from misuse by result, they formed the Salem Housing Task ABUSE PREVENTION ACT: CON- contractors.’’ The review found: ‘‘The involve- Force, with a mission to ‘‘improve family living GRESS SHOULD NOT ALLOW ment of non-IRS employees in critical IRS conditions by providing safe, decent, and af- BOUNTY HUNTERS TO ABUSE functions increases the risk of misuse or unau- fordable housing for families of limited income, TAXPAYERS thorized disclosure of taxpayer data, and could and to act as a catalyst to restore the neigh- lead to loss of equipment or sensitive taxpayer borhoods within its service area.’’ This area HON. CHRIS VAN HOLLEN data through theft or sabotage.’’ encompassed a 132-block region, bounded by While IRS employees are explicitly forbid- Pasadena Avenue on the north, Saginaw OF MARYLAND den from being evaluated on the basis of rev- Street on the east, Wood/Begole on the south, IN THE HOUSE OF REPRESENTATIVES enue collected, the private collection scheme and Dupont on the west. would actually link contractor pay to the Tuesday, April 12, 2005 In 2001, the Salem Housing Task Force offi- amount of revenue collection. This policy en- cially became the Salem Housing Community Mr. VAN HOLLEN. Mr. Speaker, I rise to courages contractors to use aggressive collec- announce that today I introduced the Taxpayer tion techniques to boost their remuneration. Development Corporation. They retained their Abuse Prevention Act of 2005. If enacted into Furthermore, the IRS is currently liable for goals of affordable homeownership, and the law, this bill would repeal the provision tacked damages to a taxpayer resulting from the mis- results have included the restoration of long onto the FY2005 Omnibus Appropriations bill use of confidential information by an IRS em- vacant and blighted homes, helping home- that hands over the tax returns of millions of ployee, but taxpayers will not be able to re- owners renovate their existing homes, and American taxpayers to private contractors to cover damages from the federal government they continue to work with local neighborhood collect delinquent taxes, and to keep 25 per- where contractors are guilty of malfeasance. organizations to improve and beautify their cent of their take as a commission for services The House had already expressed its will streets. In addition, they have provided train- rendered. that this provision not become law when it ap- ing and information for skills including home This provision opens the door to taxpayer proved by voice vote an amendment to the repair and money management. intimidation and abuse, practices that have FY2005 Treasury Appropriations bill that pre- Mr. Speaker, for 20 years, the Salem Hous- been outlawed by Congress. This practice vented the expenditure of any federal funds ing Community Development Corporation has amounts to bounty-hunting—at taxpayer ex- for private collection of federal taxes. Unfortu- helped many Flint residents gain the satisfac- pense—by allowing collection agencies to har- nately, the Treasury Appropriations bill never tion that comes with owning their own home, ass those same American taxpayers, many of became law, and the House-passed amend- and they have helped cultivate civic pride as whom are guilty of nothing, with the incentive ment was stripped out of the omnibus spend- well. I am appreciative for all they have done of collecting their commission as their primary ing bill by the Republican leadership in the to make our community a better place in motivation. Giving unaccountable outside conference—behind closed doors, in the dead which to live. I ask my colleagues in the 109th bounty hunters unfettered access to Ameri- of night. Congress to please join me in commending cans’ personal financial data poses a risk that We must repeal this onerous provision. We them for their efforts over the past 20 years, we just cannot afford, and that is why these must protect American taxpayers from intimi- and wish them much success in the future.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.084 E12PT1 E628 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2005 CITY COUNCIL OF MOUNT VERNON and the rest of the Mount Vernon City Council who could not afford health care. They treated SUPPORTS THE FAMILY OF for this resolution. patients in the conference room at Samaritan AMADOU DIALLO Surely, this Congress can heed the advice House one or two nights a week after spend- of the City Council and truly embrace the ing the day at their own offices. The clinic pro- HON. CHARLES B. RANGEL Diallo family for the loss of their son and vided free care through the generous contribu- OF NEW YORK brother. tions of lab work and x-rays by Mills Peninsula IN THE HOUSE OF REPRESENTATIVES f Hospital. Now open 6 days a week in two sep- arate locations in San Mateo and Redwood HONORING THE CONTRIBUTIONS Tuesday, April 12, 2005 City, the clinic serves 8,000 patients a year OF SAN MARCOS CITY COUNCIL- Mr. RANGEL. Mr. Speaker, I rise today to through donations that range from $25 and MAN ED MIHALKANIN bring to the attention of this chamber a resolu- $50. tion adopted March 9, 2005 by the City Coun- Mr. Speaker, small contributions and volun- cil of Mount Vernon, New York, supporting re- HON. HENRY CUELLAR teers have kept this free clinic thriving. Ninety lief for the family of Amadou Diallo. The reso- OF TEXAS percent of the staff members donate their time lution calls on Congress to grant permanent IN THE HOUSE OF REPRESENTATIVES after they leave their own jobs or after retire- resident status to the family of the young Afri- Tuesday, April 12, 2005 ment. Dr. Schwartz worked as an internist in San Mateo for the 32 years in private practice can immigrant who was shot 41 times by four Mr. CUELLAR. Mr. Speaker, I rise today to and was preparing to retire when he got the plainclothes New York policemen. recognize Ed Mihalkanin for his nine years of idea to start the clinic. Now most of the doc- The full text of the resolution of the Mount service to the people of San Marcos, Texas. Vernon City Council follows: In addition to serving the City of San tors, nurses and translators running the clinic Whereas, Amadou Diallo, a 24 year old im- Marcos on the Council, Mr. Mihalkanin works are retired. They include specialists in den- migrant from Guinea, was tragically gunned at Texas State University as an Associate Pro- tistry, gynecology, oncology, optometry, psy- down in a hail of 41 bullets on February 4, fessor of Political Science. He has been chology, and orthopedics. 1999, by officers of the New York City Police Dr. Schwartz has seen many free clinics Department as he attempted to enter his res- teaching at Texas State since 1990, and pre- viously taught at Gettysburg College in Gettys- disappear over time with people turning to idence in the Bronx; and more mainstream medical facilities, yet the Whereas, Amadou Diallo, an innocent man, burg, PA. was found to be unarmed at the time of his He received a Master’s Degree in 1985 and number of needy people has risen. Most of shooting; and a Ph.D in 1991 from American University in the patients have extremely low incomes of Whereas, the tragic story of Amadou Washington, DC. Mr. Mihalkanin is originally less than thirty percent of median income. The Diallo garnered international attention, and from Hanover Park, Illinois, and he received Jefferson Award is bestowed by the American an unprecedented outcry and weeks of dem- his undergraduate degree at Bradley Univer- Institute of Public Service for making a dif- onstrations by New Yorkers who sym- ference in one’s community. Dr. Schwartz has pathized with his family; sity in Peoria, Illinois. Mr. Mihalkanin was first elected to the done just that. His clinic even has been able Whereas, the Diallo family currently re- to relieve some of the stress on overcrowded sides in the United States under ‘‘deferred Council in 1996, and currently represents the action status’’ and are vulnerable to deporta- City Council on the Economic Development emergency rooms that many poor people have tion in the upcoming months; and Council. He has served as Mayor Pro Tem- come to rely on for many non-emergency situ- Whereas, the Diallo family wishes to re- pore in 1999 and Deputy Mayor Pro Tem in ations. main in the United States; and 2003–2004. Mr. Speaker, I invite my colleagues to join Whereas, the Honorable United States Con- Mr. Mihalkanin is a member of the Down- me in thanking Dr. William Schwartz for his gressman Charles Rangel has proposed legis- contributions to my community. He has de- lation, namely H.R. 677, which would grant town Association, the Greater San Marcos Area Chamber of Commerce, and many other voted his time to making a difference, begin- permanent resident status to Amadou ning as a clinical professor at the University of Diallo’s family members: Kadiatou Diallo, organizations that help to better the San Laouratou Diallo, Ibrahima Diallo, Abdoul Marcos community as a whole. California at San Francisco and now giving to Diallo, Mamadou Bobo Diallo, Mamadou Mr. Mihalkanin is a model of hard work and the people of San Mateo and Redwood City Pathe Diallo, Fatoumata Traore Diallo, dedication to the city and to his students. By medical attention. I rise today to congratulate Sankarela Diallo and Marliatou Bah; and working as project director for the ‘‘Civitas him on winning the ‘‘Nobel Prize of Commu- Whereas, granting permanent resident sta- Project,’’ Mr. Mihalkanin helped to revive civic nity Service.’’ He and his wife, Florette, de- tus to the Diallo family would be a proper life in the communities of Lockhart, San serve a long vacation and the nation’s thanks. and just recognition of the tragedy they f have suffered, and it will allow the Diallo Marcos, and Wimberley, Texas. family to pursue the opportunities promised Mr. Speaker, I am honored to have had this CONGRATULATING THE FALCONS by the American Dream; and opportunity to recognize the many achieve- ROBOTICS TEAM OF CARL HAY- Whereas, the City Council of the City of ments of San Marcos City Councilman Ed DEN HIGH SCHOOL ON ITS Mount Vernon fully supports Congressman Mihalkanin. ACHIEVEMENTS Rangel’s proposed legislation and commends f his efforts to keep the Diallo family in the United States; Now, Therefore, be it resolved DR. WILLIAM SCHWARTZ HONORED HON. ED PASTOR that the City Council of the City of Mount OF ARIZONA Vernon, New York: Hereby, fully supports Congressman Ran- HON. TOM LANTOS IN THE HOUSE OF REPRESENTATIVES gel’s proposed legislation, H.R. 677, which OF CALIFORNIA Tuesday, April 12, 2005 would grant permanent resident status to IN THE HOUSE OF REPRESENTATIVES Mr. PASTOR. Mr. Speaker, I rise before you Amadou Diallo’s family members: Kadiatou Tuesday, April 12, 2005 Diallo, Laouratou Diallo, Ibrahima Diallo, today to proudly draw your attention to the Abdoul Diallo, Mamadou Bobo Diallo, Mr. LANTOS. Mr. Speaker, I rise today to Falcons Robotics Team of Carl Hayden High Mamadou Pathe Diallo, Fatoumata Traore honor Dr. William Schwartz as the co-founder School in my district. This talented group of Diallo, Sankarela Diallo and Marliatou Bah. of the Samaritan House Free Medical Clinic, students has succeeded in winning numerous Resolved, that the City Council of the City as well as his dedication to the clinic since its robotics competitions, even beating the MIT of Mount Vernon, New York, calls upon the inception in 1992. Dr. Schwartz was awarded team last year in a contest sponsored by United States Congress to support Congress- the Jefferson Award for his work at the clinic NASA and the Office of Naval Research. man Charles Rangel’s proposed legislation, Teachers Allan Cameron, Fredi Lajvardi and H.R. 677, which would grant permanent resi- that is located in San Mateo, California, in my dent status to Amadou Diallo’s family mem- district. His friends and colleagues have Sam Alexander, with the help of other Carl bers: Kadiatou Diallo, Laouratou Diallo, praised him for his selfless acts and hard work Hayden faculty, wanted to create a club where Ibrahima Diallo, Abdoul Diallo, Mamadou in trying to make our community a better students could engage in science, engineer- Bobo Diallo, Mamadou Pathe Diallo, place, and I hope the acknowledgment that ing, and math related activities that were edu- Fatoumata Traore Diallo, Sankarela Diallo comes from this award will inspire others to cational as well as fun. Through the club, the and Marliatou Bah. devote more of their time to helping those in students also had opportunities to meet pro- I extend my personal thanks to Mayor Er- need. fessionals from science-oriented fields. The ro- nest D. Davis, City Council President Karen Thirteen years ago, Dr. Schwartz and Dr. botics team is small, made up of four stu- Watts, City Councilman William R. Randolph, Walter Gains started a free clinic for those dents: Cristian Arcega, Lorenzo Santillan,

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.088 E12PT1 April 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E629 Oscar Vazquez and Luis Aranda. The Falcons hoods, and demonstrating that innercity ‘‘tough In an effort to right this wrong, the bill I’m in- Robotics Team provides these students from kids’’ can be just as talented and capable as troducing today will ensure that our seniors low income neighborhoods a positive option the best from MIT. The Falcons team has be- have a seamless transition to the new Medi- for after school activities. One of the team come the subject of articles in Wired Maga- care Part D drug benefit, without a reduction members was failing most of his classes be- zine and the Washington Post, primetime sto- or disruption in their coverage. fore joining the robotics club and credits the ries on shows such as NPR’s Here and Now The PAAD Act will allow states to automati- club from keeping him off of West Phoenix and ABC’s Nightline, and Warner Brothers is cally enroll PAAD and dually eligible Medicaid streets and avoiding trouble. even planning a movie. beneficiaries in one or more preferred pre- The Falcons Robotics Team’s first mission As the team now prepares to compete in scription drug plans to ensure that these bene- was to put together a robot to compete in the the FIRST Championship ITom April 21 to 23 ficiaries are enrolled in a Medicare drug plan Marine Advanced Technology Remotely Oper- at the Georgia Dome in Atlanta, I wish to that maximizes both their federal and state ated Vehicle Competition, the underwater ro- honor the Falcons Robotics Team and the stu- prescription drug coverage. This will ensure botics contest sponsored by NASA and the dents, teachers, and community of Carl Hay- that New Jersey seniors who currently receive Office of Naval Research. They needed a re- den High School. The successes of Cristian, prescription drug benefits under PAAD or mote-controlled robot that could explore a Lorenzo, Oscar and Luis demonstrate the ac- through the state’s Medicaid program are not sunken mock-up of a submarine. Thus, Stinky complishments students can achieve, given a made worse off by the new Medicare law. was born. Constructed of plastic tubing, pro- little inspiration from devoted teachers. I ask In addition, the PAAD Act will allow New pellers, lights, cameras, a laser, depth detec- my colleagues to join me today in congratu- Jersey to provide supplemental Medicaid pre- tors, pumps, and other equipment, Stinky was lating the Falcons Robotics Team, and wishing scription drug benefits to low-income seniors capable of recording sonar pings and retriev- the students and teachers at Carl Hayden and disabled who currently receive generous ing objects 50 feet under water. Stinky got its High School much continued success in their prescription drug benefits under the Medicaid unflattering moniker from the foul-smelling future endeavors. program and who will now receive their pre- glue that kept it together. The team went into f scription drug benefits through Medicare. the competition feeling intimidated, but they With approximately six million seniors na- PRESERVING ACCESS TO won the grand prize, beating out MIT and tionwide, including 140,000 in New Jersey, AFFORDABLE DRUGS ACT other college teams with slicker robots and who are dually eligible for Medicare and Med- corporate sponsors. icaid, it is absolutely critical that they do not Since their competition victory last year, the HON. ROBERT MENENDEZ lose access to their Medicaid prescription drug team has gone on to compete in the For Inspi- OF NEW JERSEY benefits, which are more generous than the ration and Recognition of Science and Tech- IN THE HOUSE OF REPRESENTATIVES new Medicare benefit will be. Not to mention, nology (FIRST) Robotics Competition, where it Tuesday, April 12, 2005 won the highest award, the Chairman’s Award, hundreds of thousands of seniors across the at the Arizona Regionals in March. Dean Mr. MENENDEZ. Mr. Speaker, today I am country, and 200,000 seniors in New Jersey, Kamen, inventor and founder of FIRST, a mul- proud to be introducing a revised version of currently are enrolled in state pharmacy as- tinational non-profit organization that aspires the Preserving Access to Affordable Drugs sistance programs, and will be forced into a to make science, math, engineering, and tech- (PAAD) Act. Unfortunately, the misguided private Medicare drug plan. We need to make nology cool for kids, presented the award. As Medicare Prescription Drug, Improvement, and sure the new Medicare Modernization Act Mr. Kamen explained, the FIRST Robotics Modernization Act of 2003 threatens to reduce transition happens with the least amount of Competition is about much more than the me- or eliminate the prescription drug benefits that confusion and loss of coverage possible. With chanics of building a robot or winning a com- millions of seniors across the country already this bill, we will solve these outstanding prob- petitive event. The FIRST mission is to have. And if the law isn’t bad enough as is, lems. change the way America’s young people re- the Administration has ignored the rec- f gard science and technology and to inspire an ommendations of the President’s State Phar- appreciation for the real-life rewards and ca- maceutical Assistance Transition Commission PERSONAL EXPLANATION reer opportunities in these fields. and denied New Jersey’s request to automati- In his remarks, Mr. Kamen echoed the sen- cally enroll those Medicare beneficiaries cur- HON. DARRELL E. ISSA timents of many in Arizona who are following rently enrolled in New Jersey’s PAAD and OF CALIFORNIA the progress of this team of innovators. The Medicaid programs into a preferred Medicare IN THE HOUSE OF REPRESENTATIVES impact from the team’s victory is priceless. prescription drug plan. Tuesday, April 12, 2005 Participation in the Falcons Robotics Team, This ruling effectively blocks New Jersey’s and its competition successes, has changed efforts to preserve the generous prescription Mr. ISSA. Mr. Speaker, on March 21st, the students’ appreciation of engineering and drug coverage the state currently provides to 2005, I was traveling overseas with Minority science, and their attitude towards education. the 190,000 seniors enrolled in New Jersey’s Leader PELOSI on officially authorized travel. These students are now hoping to pursue PAAD program and the 140,000 seniors and Had I been present during roll call vote 90, a higher education and are inspiring other stu- disabled enrolled in the state’s Medicaid pro- motion to suspend the rules and pass Senate dents to strive for similar goals. The team’s gram when the new Medicare prescription bill 686, for the relief of the parents of Mrs. accomplishments are countering stereotypes drug benefit goes into effect on January 1, Theresa Marie Schiavo, I would have voted of innercity students from Hispanic neighbor- 2006. ‘‘aye’’ in favor of passage.

VerDate jul 14 2003 05:20 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\K12AP8.002 E12PT1 Tuesday, April 12, 2005 Daily Digest Senate By 46 yeas to 54 nays (Vote No. 89), three-fifths Chamber Action of those Senators duly chosen and sworn, not having Routine Proceedings, pages S3441–S3503 voted in the affirmative, Senate rejected the motion Measures Introduced: Eight bills and three resolu- to waive section 402 of S. Con. Res. 95, Congres- tions were introduced, as follows: S. 761–768, S. sional Budget Resolution, with respect to the emer- Res.104–105, and S. Con. Res. 26. Page S3481 gency designation provision in Murray Modified Amendment No. 344, to provide $1,975,183,000 Measures Passed: for medical care for veterans. Subsequently, a point National Youth Service Day: Senate agreed to S. of order that the emergency designation provision Res.105, designating April 15, 2005, as National would violate section 402 of S. Con. Res. 95 was Youth Service Day. Pages S3492–93, S3501–02 sustained and the provision was stricken. Supplemental Appropriations: Senate continued Pages S3461–68 consideration of H.R. 1268, making emergency sup- By 46 yeas to 54 nays (Vote No. 90), three-fifths plemental appropriations for the fiscal year ending of those Senators duly chosen and sworn, not having September 30, 2005, to establish and rapidly imple- voted in the affirmative, Senate rejected the motion ment regulations for State driver’s license and identi- to waive section 302 of the Congressional Budget fication document security standards, to prevent ter- Act of 1974, with respect to Murray Modified rorists from abusing the asylum laws of the United Amendment No. 344, to provide $1,975,183,000 States, to unify terrorism-related grounds for inad- for medical care for veterans. Subsequently, the point missibility and removal, to ensure expeditious con- of order that the amendment would violate section struction of the San Diego border fence, taking ac- 302 of the Congressional Budget Act was sustained, tion on the following amendments proposed thereto: and the amendment thus fell. Pages S3451–55, S3456–60, S3461–68 Pages S3449–73 A unanimous-consent agreement was reached pro- Pending: viding for further consideration of the bill at ap- Kerry Amendment No. 333, to extend the period proximately 10:30 a.m., on Wednesday, April 13, of temporary continuation of basic allowance for 2005; that there be 40 minutes equally divided in housing for dependents of members of the Armed relation to Durbin Amendment No. 356 (listed Forces who die on active duty. Page S3455 above), and that the Senate vote on or in relation to Kerry Amendment No. 334, to increase the mili- the amendment, with no second degrees in order to tary death gratuity to $100,000, effective with re- the amendment prior to that vote. Page S3502 spect to any deaths of members of the Armed Forces on active duty after October 7, 2001. Pages S3455–56 Appointment: Durbin Amendment No. 356, to ensure that a Advisory Committee on the Records of Congress: Federal employee who takes leave without pay in The Chair announced, on behalf of the Democratic order to perform service as a member of the uni- Leader, pursuant to Public Law 101–509, the ap- formed services or member of the National Guard pointment of Guy Rocha, of Nevada, to the Advi- shall continue to receive pay in an amount which, sory Committee on the Records of Congress, vice when taken together with the pay and allowances Stephen Van Buren of South Dakota. Page S3502 such individual is receiving for such service, will be Executive Communications: Pages S3480–81 no less than the basic pay such individual would Executive Reports of Committees: Page S3481 then be receiving if no interruption in employment had occurred. Pages S3470–73 Additional Cosponsors: Pages S3481–84 During consideration of this measure today, Senate Statements on Introduced Bills/Resolutions: also took the following action: Pages S3484–92 D317

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Additional Statements: Pages S3479–80 Administrator of the National Aeronautics and Space Amendments Submitted: Pages S3494–S3500 Administration, who was introduced by Senators Mi- kulski and Sarbanes; Joseph H. Boardman, of New Notices of Hearings/Meetings: Pages S3500–01 York, to be Administrator of the Federal Railroad Authority for Committees to Meet: Page S3501 Administration, Department of Transportation, who Privilege of the Floor: Page S3501 was introduced by Senator Schumer; Nancy Ann Nord, of the District of Columbia, to be a Commis- Record Votes: Two record votes were taken today. sioner of the Consumer Product Safety Commission, (Total—90) Page S3468 and William Cobey, of North Carolina, to be a Adjournment: Senate convened at 9:45 a.m., and Member of the Board of Directors of the Metropoli- adjourned at 6:53 p.m., until 9:30 a.m., on Wednes- tan Washington Airports Authority, who was intro- day, April 13, 2005. (For Senate’s program, see the duced by Senators Dole and Burr, after the nominees remarks of the Acting Majority Leader in today’s testified and answered questions in their own behalf. Record on pages S3502–03.) OIL RESOURCE DEVELOPMENT Committee Meetings Committee on Energy and Natural Resources: Committee concluded a hearing to examine developing a reliable (Committees not listed did not meet) supply of oil from domestic oil shale and oil sands APPROPRIATIONS: DEPARTMENT OF resources, focusing on opportunities to advance tech- AGRICULTURE nology that will facilitate environmentally friendly development of oil shale and oil sands resources, Committee on Appropriations: Subcommittee on Agri- after receiving testimony from Mark Maddox, Prin- culture, Rural Development, and Related Agencies cipal Deputy Assistant Secretary of Energy for Fossil concluded a hearing to examine proposed budget es- Energy; Ted Barna, Assistant Deputy Under Sec- timates for fiscal year 2006 for the Department of retary of Defense for Nuclear, Biological, and Chem- Agriculture, after receiving testimony from Mike ical Technology; Thomas Lonnie, Assistant Director, Johanns, Secretary of Agriculture. Minerals, Realty, and Resource Protection, Bureau of IRAQI SECURITY FORCES Land Management, Department of the Interior; Rus- Committee on Armed Services: Committee met in closed sell George, Colorado Department of Natural Re- session to receive a briefing regarding assessment of sources, Denver; Stephen Mut, Shell Exploration and Iraqi Security Forces from General Gary E. Luck, Production Company, Washington, D.C.; Jim Evans, USA (Ret.), Peter W. Rodman, Assistant Secretary Associated Governments of Northwestern Colorado, of Defense for International Security Affairs, Lieuten- Rifle; and Steve Smith, The Wilderness Society, ant General Raymond T. Odierno, USA, Assistant to Denver, Colorado. the Chairman of the Joint Chiefs of Staff, and Lieu- tenant General Walter L. Sharp, USA, Director of NATIONAL MALL Strategic Plans and Policy, J–5, The Joint Staff. Committee on Energy and Natural Resources: Sub- DEFENSE AUTHORIZATION committee on National Parks concluded a hearing to examine management and planning issues for the Committee on Armed Services: Subcommittee on National Mall, including the history of the develop- SeaPower concluded closed and open hearings to ex- ment, security projects and other planned construc- amine Navy shipbuilding and industrial base status tion, and future development plans, after receiving in review of the Defense Authorization Request for testimony from John Parsons, Associate Regional Di- fiscal year 2006, after receiving testimony from Ad- rector, Lands, Resources, and Planning, National miral Vernon E. Clark, USN, Chief of Naval Oper- Capital Region, National Park Service, Department ations, United States Navy; Ronald O’Rourke, Na- of the Interior; and W. Kent Cooper, National Mall tional Defense Specialist, Congressional Research Third Century Initiative, John V. Cogbill, III, Na- Service, Library of Congress; Michael W. Toner, tional Capital Planning Commission, and David M. General Dynamics Corporation, Falls Church, Vir- Childs, Commission of Fine Arts, all of Washington, ginia; and Philip A. Dur, Northrop Grumman Ship D.C. Systems, Pascagoula, Mississippi. NOMINATIONS: NOMINATION Committee on Commerce, Science, and Transportation: Committee on Foreign Relations: Committee concluded Committee concluded a hearing to examine the hearings to examine the nominations of John Robert nominations of Michael D. Griffin, of Virginia, to be Bolton, of Maryland, to be U.S. Representative to

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United Nations, with the rank and status of Ambas- introduced by Senator Stevens, testified and answered sador and U.S. Representative in the Security Coun- questions in his own behalf. cil of the United Nations, and Representative to the Sessions of the General Assembly of the United Na- RETIREMENT PLANS tions during his tenure of service as Representative Special Committee on Aging: Committee concluded a of the United States of America to the United Na- hearing to examine the role of employer-sponsored tions, after the nominee further testified and an- retirement plans in increasing national savings, fo- swered questions in his own behalf. Testimony was also received from Carl W. Ford, Jr., former Assist- cusing on 401(k) plans, individual retirement ac- ant Secretary of State for Intelligence and Research. counts (IRAs), and financial literacy, after receiving testimony from Mark J. Warshawsky, Assistant Sec- NOMINATION retary of the Treasury for Economic Policy; and J. Select Committee on Intelligence: Committee concluded Mark Iwry, The Brookings Institution, C. Eugene open and closed hearings to examine the nomination Steuerle, The Urban Institute, and James A. Klein, of John D. Negroponte, of New York, to be Director American Benefits Council, and John M. Kimpel, Fi- of National Intelligence, after the nominee, who was delity Investments, all of Washington, D.C. h House of Representatives H.R. 749, to amend the Federal Credit Union Act Chamber Action to provide expanded access for persons in the field Measures Introduced: 46 public bills, H.R. of membership of a Federal credit union to money 1541–1586 and; 12 resolutions, H. Con. Res., order, check cashing, and money transfer services, 127–130 and H. Res. 203–210 were introduced. amended (H. Rept. 109–38). Page H1893 Pages H1893–95 Speaker: Read a letter from the Speaker wherein he Additional Cosponsors: Pages H1895–97 appointed Representative Barrett of South Carolina to act as Speaker Pro Tempore for today. Page H1853 Reports Filed: Reports were filed today as fol- lows: Recess: The House recessed at 1:01 p.m. and recon- H.R. 29, to protect users of the Internet from un- vened at 2 p.m. Page H1856 knowing transmission of their personally identifiable Suspensions: The House agreed to suspend the rules information through spyware programs, amended (H. and pass the following measures: Rept. 109–32); Twenty-First Century Water Commission Act of S. 167, to provide for the protection of intellec- 2005: H.R. 135, to establish the ‘‘Twenty-First Cen- tual property rights (H. Rept. 109–33, Pt. 1); tury Water Commission’’ to study and develop rec- H. Res. 134, requesting the President to transmit ommendations for a comprehensive water strategy to to the House of Representatives certain information address future water needs, by a 2/3 yea-and-nay relating to plan assets and liabilities of single-em- vote of 402 yeas to 22 nays, Roll No. 96; ployer pension plans, adverse (H. Rept. 109–34); Pages H1858–61, H1867–68 H. Res. 202, providing for consideration of H.R. Pine Springs Land Exchange Act: H.R. 482, to 8, to make the repeal of the estate tax permanent provide for a land exchange involving Federal lands (H. Rept. 109–35); in the Lincoln National Forest in the State of New H.R. 28, to amend the High-Performance Com- Mexico; Pages H1861–62 puting Act of 1991, amended (H. Rept. 109–36); Conveyance of certain lands in Lander County H.R. 1023, to authorize the Administrator of the and Eureka County, Nevada: H.R. 541, to direct National Aeronautics and Space Administration to the Secretary of Agriculture to convey certain land establish an awards program in honor of Charles to Lander County, Nevada, and the Secretary of the ‘‘Pete’’ Conrad, astronaut and space scientist, for rec- Interior to convey certain land to Eureka County, ognizing the discoveries made by amateur astrono- Nevada, for continued use as cemeteries, by a 2/3 mers of asteroids with near-Earth orbit trajectories yea-and-nay vote of 423 yeas with none voting (H. Rept. 109–37); and ‘‘nay’’, Roll No. 97; Pages H1862–64, H1868

VerDate jul 14 2003 05:12 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP5.REC D12AP5 D320 CONGRESSIONAL RECORD — DAILY DIGEST April 12, 2005 Southern California Groundwater Remediation the United States; Leonidas Ralph Mecham, Direc- Act: H.R. 18, to authorize the Secretary of the Inte- tor, Administrative Office of the U.S. Courts; and rior, acting through the Bureau of Reclamation and the following Supreme Court Justices: Anthony M. in coordination with other Federal, State, and local Kennedy, and Clarence Thomas, both Associate Jus- government agencies, to participate in the funding tices. and implementation of a balanced, long-term ENERGY POLICY ACT groundwater remediation program in California; and Pages H1864–65 Committee on Energy and Commerce: Continued markup Colorado River Indian Reservation Boundary of the Energy Policy Act of 2005. Will continue tomorrow. Correction Act: H.R. 794, to correct the south boundary of the Colorado River Indian Reservation FEDERAL CREDIT AGENCIES in Arizona. Pages H1865–67 Committee on Financial Services: Subcommittee on Cap- Recess: The House recessed at 2:53 p.m. and recon- ital Markets, Insurance, and Government Sponsored vened at 6:30 p.m. Page H1867 Enterprises held a hearing entitled ‘‘Reforming Cred- Senate Message: Message received from the Senate it Rating Agencies: The SEC’s Need for Statutory today appears on page 1857. Authority,’’ Testimony was heard from Annette L. Nazareth, Director, Division of Market Regulation, Senate Referral: S. Con. Res. 25 was held at the SEC. desk. NATIONAL SECURITY PERSONNEL SYSTEM Quorum Calls—Votes: Two yea-and-nay votes de- veloped during the proceedings of today and appear Committee on Government Reform: Subcommittee on on pages H1867–68, H1868. There were no quorum Federal Workforce and Agency Organization, hear- calls. ing entitled ‘‘NSPS: The New Department of De- fense Civilian Personnel System—Reaching Readi- Adjournment: The House met at 12:30 p.m. and ness.’’ Testimony was heard from David M. Walker, adjourned at 10:18 p.m. Comptroller General, GAO; Charles S. Abell, Prin- cipal Deputy Under Secretary (Personnel and Readi- Committee Meetings ness), Department of Defense; George Nesterczuk, DEPARTMENT OF LABOR, HHS, Senior Policy Advisor on the Department of Defense, EDUCATION, AND RELATED AGENCIES OPM; Neil A. G. McPhie, Chairman, Merit Systems APPROPRIATIONS Protection Board; and public witnesses. Committee on Appropriations: Subcommittee on the De- U.N. OIL-FOR-FOOD PROGRAM partment of Labor, Health and Human Services, Committee on Government Reform: Subcommittee on Education, and Related Agencies held a hearing on National Security, Emerging Threats and Inter- Pandemic Preparedness and Influenza Vaccine Sup- national Relations held a hearing entitled ‘‘Oil-for- ply. Testimony was heard from the following offi- Food: The Inevitable Failure of U.N. Sanctions.’’ cials of the Department of Health and Human Serv- Testimony was heard from Thomas A. Schweich, ices: Julie L. Gerberding, M.D., Director, Centers for Chief of Staff, U.S. Mission to the United Nations, Disease Control and Prevention; Bruce Gellin, M.D., Department of State; and public witnesses. Director, National Vaccine Program; and Anthony S. Fauci, M.D., Director, National Institute of Allergy U.S. MANUFACTURING—IMPACT OF and Infectious Diseases, NIH. REGULATION Committee on Government Reform: Subcommittee on DEPARTMENTS OF TRANSPORTATION, Regulatory Affairs held a hearing entitled ‘‘The Im- TREASURY, AND HUD, THE JUDICIARY, pact of Regulation on U.S. Manufacturing.’’ Testi- DISTRICT OF COLUMBIA, AND mony was heard from Al Frink, Assistant Secretary, INDEPENDENT AGENCIES Manufacturing and Services, Department of Com- APPROPRIATIONS merce; John Graham, Administrator, Office of Infor- Committee on Appropriations: Subcommittee on Depart- mation and Regulatory Affairs, OMB; and public ments of Transportation, Treasury, and Housing and witnesses. Urban Development, the Judiciary, District of Co- lumbia and Independent Agencies held a hearing on FIRST RESPONDERS FUNDING the Federal Judiciary and on the Supreme Court. Committee on Homeland Security: Subcommittee on Testimony was heard from Julia S. Gibbons, Chair, Emergency Preparedness, Science, and Technology Committee on the Budget, Judicial Conference of held a hearing entitled ‘‘The Need for Grant Reform

VerDate jul 14 2003 05:12 Apr 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP5.REC D12AP5 April 12, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D321 and The Faster and Smarter Funding for First Re- with or without instruction. Testimony was heard sponders Act of 2005.’’ Testimony was heard from from Representatives Hulshof and Pomeroy. J. Richard Berman, Assistant Inspector General, Au- BANKRUPTCY ABUSE PREVENTION AND dits, Office of Inspector General, Department of CONSUMER PROTECTION ACT Homeland Security; William O. Jenkins, Jr., Direc- tor, Homeland Security and Justice Issues, GAO; Committee on Rules: Heard testimony from Chairman Bryan E. Beatty, Secretary, Department of Crime Sensenbrenner and Representatives Watt, Scott of Control and Public Safety, Secretary, State of North Virginia, Jackson-Lee of Texas, Delahunt, Schiff, Carolina; Michael Chapman, Director, Office of Maloney, Woolsey, Hastings of Florida and Eman- Homeland Security, State of Missouri; David L. Mil- uel, but action was deferred on S. 256, Bankruptcy ler, Administrator, Homeland Security and Emer- Abuse Prevention and Consumer Act of 2005. gency Management Division, State of Iowa; and a CIA BUDGET public witness. Permanent Select Committee on Intelligence: Met in execu- DEFENDING AMERICA’S MOST tive session to hold a hearing on Central Intelligence VULNERABLE: SAFE ACCESS TO DRUG Program (CIAP) Budget. Testimony was heard from TREATMENT AND CHILD PROTECTION departmental witnesses. ACT; GANG DETERRENCE AND f COMMUNITY PROTECTION ACT COMMITTEE MEETINGS FOR WEDNESDAY, Committee on the Judiciary: Subcommittee on Crime, APRIL 13, 2005 Terrorism, and Homeland Security, approved for full (Committee meetings are open unless otherwise indicated) Committee the following bills: H.R. 1528, Defend- ing America’s Most Vulnerable Safe Access to Drug Senate Treatment and Child Protection Act of 2005; and Committee on Appropriations: Subcommittee on Legisla- H.R. 1279, Gang Deterrence and Community Pro- tive Branch, to hold hearings to examine proposed budget tection Act of 2005. estimates for fiscal year 2006 for the Office of the Sec- Prior to this action, the Subcommittee held a retary of the Senate and the Office of the Architect of the hearing on H.R. 1528. Testimony was heard from Capitol, 10:30 a.m., SD–138. Jodi L. Avergun, Chief of Staff, DEA, Department Subcommittee on Agriculture, Rural Development, and Related Agencies, to hold hearings to examine proposed of Justice; and public witnesses. budget estimates for fiscal year 2006 for the Office of the NATIONAL PARKS/SNOWMOBILES Chief Economist, the Office of Farm and Foreign Agricul- tural Services, the Office of Natural Resources and the Committee on Resources: Subcommittee on National Environment, the Office of Rural Development, and the Parks held an oversight hearing on Snowmobile Use Office of Research, Education, and Economics, all of the in the National Park System. Testimony was heard Department of Agriculture, 12:30 p.m., SD–192. from Representatives Simpson, Peterson of Min- Committee on Armed Services: Subcommittee on Readiness nesota, and Holt; Michael D. Snyder, Acting Deputy and Management Support, to hold hearings to examine Director, National Park Service, Department of the high risk areas in the management of the Department of Interior; and public witnesses. Defense in review of the Defense Authorization Request for fiscal year 2006, 10 a.m., SR–232A. DEATH TAX REPEAL PERMANENCY ACT Subcommittee on Personnel, to hold hearings to exam- ine active and Reserve military and civilian personnel Committee on Rules: Granted by voice vote, a struc- programs in review of the Defense Authorization Request tured rule providing one hour of debate in the for fiscal year 2006, 1:30 p.m., SR–232A. House on H.R. 8, Death Tax Repeal Permanency Committee on Banking, Housing, and Urban Affairs: to Act, equally divided and controlled by the chairman hold hearings to examine the Federal Home Loan Bank and ranking minority member of the Committee on System, 10 a.m., SD–538. Ways and Means. The rule provides for consideration Committee on Commerce, Science, and Transportation: to of the amendment in the nature of a substitute hold hearings to examine S. 714, to amend section 227 printed in the Rules Committee report accom- of the Communications Act of 1934 relating to the pro- panying the resolution, if offered by Representative hibition on junk fax transmissions, 2:30 p.m., SR–253. Committee on Energy and Natural Resources: business Pomeroy or his designee, which shall be considered meeting to consider pending calendar business, 11:30 as read and shall be separately debatable for one hour a.m., SD–366. equally divided and controlled by the proponent and Committee on Environment and Public Works: business an opponent. The rule waives all points of order meeting to consider the nominations of Luis Luna, of against the amendment printed in the report. Fi- Maryland, to be an Assistant Administrator of the Envi- nally, the rule provides one motion to recommit ronmental Protection Agency, John Paul Woodley, Jr., of

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Virginia, to be an Assistant Secretary of the Army, Major diciary, District of Columbia and Independent Agencies, General Don T. Riley, United States Army, to be a on OMB, 2 p.m., 2358 Rayburn. Member and President of the Mississippi River Commis- Subcommittee on Foreign Operations, Export Financ- sion, Brigadier General William T. Grisoli, United States ing and Related Programs, on Millennium Challenge Army, to be a Member of the Mississippi River Commis- Corporation, 10 a.m., 2359 Rayburn. sion, D. Michael Rappoport, of Arizona, and Michael Subcommittee on Interior, Environment, and Related Butler, of Tennessee, each to be a Member of the Board Agencies, on National Park Service, 10 a.m., B–308 Ray- of Trustees of the Morris K. Udall Scholarship and Excel- burn. lence in National Environmental Policy Foundation, Ste- Committee on Education and the Workforce, to mark up the phen L. Johnson, of Maryland, to be Administrator of the following bills: H.R. 739, Occupational Safety and Environmental Protection Agency, and pending legisla- Health Small Business Day in Court Act of 2005; H.R. tion, 9:15 a.m., SD–406. 740, Occupational Safety and Health Review Commission Committee on Finance: to hold hearings to examine The Efficiency Act of 2005; H.R. 741, Occupational Safety U.S.-Central America-Dominican Republic Free Trade and Health Independent Review of OSHA Citations Act Agreement, 10 a.m., SD–628. of 2005; H.R. 742, Occupational Safety and Health Small Committee on Foreign Relations: to hold hearings to exam- Employer Access to Justice Act of 2005; and H.R. 940, ine the nominations of Daniel Fried, of the District of Recreational Marine Employment Act of 2005, 10:30 Columbia, to be an Assistant Secretary of State for Euro- a.m., 2175 Rayburn. pean Affairs, and Robert Joseph, of Virginia, to be Under Committee on Energy and Commerce, to continue markup Secretary of State for Arms Control and International Se- of the Energy Policy Act of 2005, 10 a.m., 2123 Ray- curity, 9:30 a.m., SD–419. burn. Committee on Health, Education, Labor, and Pensions: busi- Committee on Financial Services, hearing entitled ‘‘The ness meeting to consider the nomination of Lester M. Administration Perspective on GSE Regulatory Reform,’’ Crawford, of Maryland, to be Commissioner of Food and 10 a.m., 2128 Rayburn. Drugs, Department of Health and Human Services, 10 Subcommittee on Financial Institutions and Consumer a.m., SD–430. Credit, hearing on H.R. 1042, Net Worth Amendment Committee on Homeland Security and Governmental Affairs: for Credit Unions Act, 2 p.m., 2128 Rayburn. business meeting to consider S. 21, to provide for home- Committee on Government Reform, to consider the fol- land security grant coordination and simplification, S. lowing: H.R. 22, Postal Accountability and Enhancement 335, to reauthorize the Congressional Award Act, S. 494, Act; H.R. 1533, Federal Energy Management Improve- to amend chapter 23 of title 5, United States Code, to ment Act of 2005; H.R. 504, To designate the facility clarify the disclosures of information protected from pro- of the United States Postal Service located at 4960 West hibited personnel practices, require a statement in non- Washington Boulevard in Los Angeles, California, as the disclosure policies, forms, and agreements that such poli- ‘‘Ray Charles Post Office Building;’’ H.R. 1001, To des- cies, forms, and agreements conform with certain disclo- ignate the facility of the United States Postal Service lo- sure protections, provide certain authority for the Special cated at 301 South Heatherwilde Boulevard in Counsel, S. 501, to provide a site for the National Wom- Pflugerville, Texas, as the ‘‘Sergeant Byron W. Norwood en’s History Museum in the District of Columbia, and Post Office Building;’’ H.R. 1072, To designate the facil- certain committee reports, 11 a.m., SD–342. ity of the United States Postal Service located at 151 Committee on Indian Affairs: to hold oversight hearings West End Street in Goliad, Texas, as the ‘‘Judge Emilio to examine Indian Health, 9:30 a.m., SR–485. Vargas Post Office Building;’’ H.R. 1082, To designate Committee on the Judiciary: to hold hearings to examine the facility of the United States Postal Service located at securing electronic personal data, focusing on striking a 120 East Illinois Avenue in Vinita, Oklahoma, as the balance between privacy and commercial and govern- ‘‘Francis C. Goodpaster Post Office Building;’’ H.R. 1236, To designate the facility of the United States Post- mental use, 9:30 a.m., SD–226. al Service located at 750 4th Street in Sparks, Nevada, Subcommittee on Constitution, Civil Rights and Prop- as the ‘‘Mayor Tony Armstrong Memorial Post Office;’’ erty Rights, to hold hearings to examine judicial activism H.R. 1524, To designate the facility of the United States regarding federal and state marriage protection initiatives, Postal Service located at 12433 Antioch Road in Over- 2 p.m., SD–226. land Park, Kansas, as the ‘‘Ed Eilert Post Office Build- Select Committee on Intelligence: to hold a closed briefing ing;’’ a measure To designate the facility of the United on intelligence matters, 2:30 p.m., SH–219. States Postal Service located at 695 Pleasant Street in New Bedford, Massachusetts, the ‘‘Honorable Judge House George N. Leighton Post Office Building;’’ H. Res. 184, Committee on Appropriations, Subcommittee on the De- Recognizing a National Week of Hope in commemora- partment of Labor, Health and Human Services, Edu- tion of the 10-year anniversary of the terrorist bombing cation, and Related Agencies, on Centers for Medicare in Oklahoma City, 10 a.m., 2154 Rayburn. and Medicaid Services, and on the Administration on Committee on Homeland Security, hearing entitled ‘‘The Aging, 10:15 a.m., 2358 Rayburn. Department of Homeland Security: Promoting Risk- Subcommittee on the Departments of Transportation, Based Prioritization and Management,’’ 1:30 p.m., 2200 Treasury, and Housing and Urban Development, the Ju- Rayburn.

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Committee on International Relations, hearing on U.S. Re- Subcommittee on Water and Power, oversight hearing sponse to Global AIDS Crisis: A Two-Year Review, entitled ‘‘The Role of New Surface and Groundwater 10:30 a.m., 2172 Rayburn. Storage in Providing Reliable Water and Power Supplies Subcommittee on Middle East and Central Asia, to and Reducing Drought’s Impacts,’’ 1 p.m., 1334 Long- mark up H.R. 282, Iran Freedom Support Act, 12 p.m., worth. 2255 Rayburn. Committee on Science, to mark up H.R. 1215, Green Subcommittee on Western Hemisphere, hearing on Chemistry Research and Development Act of 2005, 10 U.S. Trade Agreements with Latin America, 1:30 p.m., a.m., 2318 Rayburn. 2172 Rayburn. Committee on Small Business, hearing entitled ‘‘Private Committee on the Judiciary, to mark up the following Equity for Small Firms: The Importance of the Partici- measures: H.R. 32, Stop Counterfeiting in Manufactured pating Securities Program,’’ 2 p.m., 311 Cannon. Goods Act; H.R. 748, Child Interstate Abortion Notifica- tion Act; H.R. 1279, Gang Deterrence and Community Committee on Transportation and Infrastructure, Sub- Protection Act of 2005; H.R. 800, Protection of Lawful committee on Coast Guard and Maritime Transportation, Commerce in Arms Act; and H.R. 866, To make tech- to mark up H.R. 889, Coast Guard and Maritime Trans- nical corrections to the United States Code, 10 a.m., portation Act of 2005, 2 p.m., 2167 Rayburn. 2141 Rayburn. Subcommittee on Water Resources and Environment, Subcommittee on Immigration, Border Security, and oversight hearing on Wastewater Blending, 10 a.m., Claims, oversight hearing on Immigration and the Alien 2167 Rayburn. Gang Epidemic: Problems and Solutions, 4 p.m., 2141 Committee on Ways and Means, to mark up H.R. 1541, Rayburn. To amend the Internal Revenue Code of 1986 to enhance Committee on Resources, to mark up the Domestic Energy energy infrastructure properties in the United States and Security Act, 10 a.m., 1324 Longworth. to encourage the use of certain energy technologies, 10:30 Subcommittee on Forests and Forest Health, oversight a.m., 1100 Longworth. hearing on Management Challenges for Grazing and Permanent Select Committee on Intelligence, executive, hear- Range Conservation in the Forest Service and the Bureau ing on FBI Budget, 10 a.m., H–405 Capitol. of Land Management, 3:30 p.m., 1334 Longworth.

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Next Meeting of the SENATE Next meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 13 10 a.m., Wednesday, April 13

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 60 minutes), (1) H.R. 1463, Justin W. Williams United States At- Senate will continue consideration of H.R. 1268, Emer- torney’s Building Designation Act; gency Supplemental Appropriations; and after 40 minutes (2) H.R. 483, Reynaldo G. Garza and Filemon B. Vela of debate, vote on or in relation to Durbin Amendment United States Courthouse Designation Act; and No. 356. (3) H.R. 787, Robert T. Matsui United States Court- house Designation Act. Consideration of H.R. 8, Death Tax Repeal Perma- nency Act of 2005 (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E620 Pastor, Ed, Ariz., E628 Granger, Kay, Tex., E605, E606, E607 Pomeroy, Earl, N.D., E613 Andrews, Robert E., N.J., E608 Hastings, Alcee L., Fla., E613 Rahall, Nick J., II, W.Va., E616, E618 Baca, Joe, Calif., E611 Issa, Darrell E., Calif., E629 Rangel, Charles B., N.Y., E628 Bilirakis, Michael, Fla., E610 Kanjorski, Paul E., Pa., E615, E617, E619, E621, E623 Ryun, Jim, Kans., E625 Boehner, John A., Ohio, E617 Kildee, Dale E., Mich., E627 Bordallo, Madeleine Z., Guam, E607 Knollenberg, Joe, Mich., E609 Schiff, Adam B., Calif., E609 Burgess, Michael C., Tex., E605, E606 Kucinich, Dennis J., Ohio, E605, E606, E607, E608, Schwartz, Allyson Y., Pa., E622 Conyers, John, Jr., Mich., E623 E609, E610, E611, E612 Schwarz, John J.H. ‘‘Joe’’, Mich., E605, E607 Cubin, Barbara, Wyo., E612 Lantos, Tom, Calif., E628 Sherman, Brad, Calif., E611 Cuellar, Henry, Tex., E615, E617, E619, E621, E622, Lee, Barbara, Calif., E609 Simmons, Rob, Conn., E625 E624, E625, E625, E627, E628 McCollum, Betty, Minn., E616, E618, E619, E621 Stark, Fortney Pete, Calif., E612 Davis, Tom, Va., E618 McCotter, Thaddeus G., Mich., E613 Towns, Edolphus, N.Y., E605, E606, E607, E608 DeLay, Tom, Tex., E623 Matsui, Doris O., Calif., E610 Upton, Fred, Mich., E626 Dingell, John D., Mich., E613, E622 Menendez, Robert, N.J., E612, E629 Van Hollen, Chris, Md., E614, E627 Ehlers, Vernon J., Mich., E616 Moore, Dennis, Kans., E624 Emanuel, Rahm, Ill., E616, E618, E620 Norton, Eleanor Holmes, D.C., E626 Visclosky, Peter J., Ind., E620 Filner, Bob, Calif., E624 Pascrell, Bill, Jr., N.J., E619 Westmoreland, Lynn A., Mac, Ga., E614

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