H4494 CONGRESSIONAL RECORD — HOUSE June 15, 2005 GENERAL LEAVE An amendment by Mr. NADLER, re- and Related Agencies each may offer Mr. WOLF. Mr. Speaker, I ask unani- garding health insurance records under one pro forma amendment for the pur- mous consent that all Members may the PATRIOT Act, which shall be de- pose of debate; and shall not be subject have 5 legislative days in which to re- batable for 15 minutes; to a demand for division of the ques- vise and extend their remarks and in- An amendment by Mr. SANDERS, re- tion. clude extraneous material, and that I garding FISA applications under the Except as otherwise specified, each may include tabular material on the PATRIOT Act, which shall be debat- amendment shall be debatable for 10 further consideration of H.R. 2862, able for 40 minutes; minutes, equally divided and con- Science, State, Justice, Commerce, and An amendment by Mr. SCHIFF, re- trolled by the proponent and an oppo- Related Agencies Appropriations Act, garding protection of the Federal judi- nent. 2006. ciary; b 1045 The SPEAKER pro tempore (Mr. An amendment by Mr. CARDIN, re- garding WTO action against China for Mr. WOLF. Mr. Chairman, I ask BRADLEY of New Hampshire). Is there unanimous consent that the remainder objection to the request of the gen- currency manipulation; An amendment by Mr. MICA, regard- of title I of the bill through page 34, tleman from Virginia? line 11, be considered as read, printed There was no objection. ing U.S. and Commercial Service fund- ing; in the RECORD, and open to amendment f An amendment by Mr. SHIMKUS or at any point. The CHAIRMAN. Is there objection SCIENCE, STATE, JUSTICE, COM- Ms. ESHOO, regarding NTIA funding; An amendment by Mr. INSLEE, re- to the request of the gentleman from MERCE, AND RELATED AGEN- Virginia? CIES APPROPRIATIONS ACT, 2006 garding NOAA Coastal Zone Manage- ment Program; There was no objection. The SPEAKER pro tempore. Pursu- An amendment by Mr. FOSSELLA or The text of the remainder of title I is ant to House Resolution 314 and rule Mr. KING of New York, regarding U.S. as follows: XVIII, the Chair declares the House in fugitives residing in Cuba; WEED AND SEED PROGRAM FUND the Committee of the Whole House on An amendment by Mr. FLAKE, regard- For necessary expenses, including salaries the State of the Union for the further ing educational cultural exchanges; and related expenses of the Executive Office for Weed and Seed, to implement ‘‘Weed and consideration of the bill, H.R. 2862. An amendment by Mr. FLAKE, regard- Seed’’ program activities, $50,000,000, to re- b 1040 ing goods to Cuba, which shall be de- main available until September 30, 2007, for batable for 20 minutes; inter-governmental agreements, including IN THE COMMITTEE OF THE WHOLE An amendment by Ms. JACKSON-LEE grants, cooperative agreements, and con- Accordingly, the House resolved of Texas, regarding data on racial dis- tracts, with State and local law enforcement itself into the Committee of the Whole tribution of convictions; agencies, non-profit organizations, and agen- House on the State of the Union for the An amendment by Ms. JACKSON-LEE cies of local government engaged in the in- further consideration of the bill (H.R. of Texas, regarding affirmances by im- vestigation and prosecution of violent and 2862) making appropriations for migration judges; gang-related crimes and drug offenses in ‘‘Weed and Seed’’ designated communities, Science, the Departments of State, An amendment by Mr. MORAN of Vir- Justice, and Commerce, and related and for either reimbursements or transfers ginia, regarding export licenses for to appropriation accounts of the Department agencies for the fiscal year ending Sep- firearms; of Justice and other Federal agencies which tember 30, 2006, and for other purposes, An amendment by Mrs. MUSGRAVE, shall be specified by the Attorney General to with Mr. HASTINGS of Washington in regarding NASA Hollywood liaison; execute the ‘‘Weed and Seed’’ program strat- the chair. An amendment by Mr. OTTER, regard- egy: Provided, That funds designated by Con- The Clerk read the title of the bill. ing delaying notice on search warrants; gress through language for other Depart- The CHAIRMAN. When the Com- An amendment by Mr. KING of Iowa, ment of Justice appropriation accounts for mittee of the Whole rose on Tuesday, regarding implementation of section ‘‘Weed and Seed’’ program activities shall be June 14, 2005, the amendment by the managed and executed by the Attorney Gen- 642 of the Illegal Immigration Reform eral through the Executive Office for Weed gentleman from New Jersey (Mr. GAR- and Immigrant Responsibility Act of and Seed: Provided further, That the Attor- RETT) had been disposed of, and the bill 1996; ney General may direct the use of other De- was open for amendment from page 22, An amendment by Mr. SCHIFF, re- partment of Justice funds and personnel in line 14 through page 25, line 17. garding DNA collection from convicted support of ‘‘Weed and Seed’’ program activi- Pursuant to the order of the House of felons; ties only after the Attorney General notifies that day, no further amendment to the An amendment by Ms. JACKSON-LEE the Committees on Appropriations of the bill may be offered except: of Texas regarding safety requirements House of Representatives and the Senate in Pro forma amendments offered at for the space shuttle and the inter- accordance with section 605 of this Act: Pro- vided further, That of the funds appropriated any point in the reading by the chair- national space station; for the Executive Office for Weed and Seed, man or ranking minority member of An amendment by Mrs. JONES of not to exceed $2,000,000 shall be directed for the Committee on Appropriations or Ohio, regarding EEOC; comprehensive community development their designees for the purpose of de- An amendment by Ms. MOORE of Wis- training and technical assistance. bate; consin, regarding SBA funding; COMMUNITY ORIENTED POLICING SERVICES Amendments printed in the RECORD An amendment by Mr. WEINER, re- For activities athorized by the Violent and numbered 1, 4, 10, 11, 17, 18, 19 and garding State and local law enforce- Crime Control and Law Enforcement Act of 21; ment funding; 1994 (Public Law 103–322) (including adminis- An amendment printed in the An amendment by Mr. HAYWORTH, re- trative costs), $520,057,000, to remain avail- RECORD and numbered 2, which shall be garding U.N. funding; able until expended: Provided, That of the debatable for 15 minutes; An amendment by Mr. MCDERMOTT, funds under this heading, not to exceed An amendment printed in the regarding travel to Cuba; $2,575,000 shall be available for the Office of Justice Programs for reimbursable services RECORD and numbered 6, which shall be An amendment by Mr. REYES, regard- associated with programs administered by debatable for 20 minutes; ing torture of human rights activists. the Community Oriented Policing Services An amendment by Mr. WOLF, regard- Each such amendment may be offered Office: Provided further, That section 1703(b) ing funding levels; only by the Member named in the re- and (c) of the Omnibus Crime Control and An amendment by Mr. HINCHEY, re- quest or a designee, or the Member who Safe Streets Act of 1968 (‘‘the 1968 Act’’) garding implementation of laws on caused it to be printed in the RECORD shall not apply to non-hiring grants made medical marijuana, which shall be de- or a designee; shall be considered read; pursuant to part Q of title I thereof (42 batable for 30 minutes; shall not be subject to amendment ex- U.S.C. 3796dd et seq.): Provided further, That up to $29,000,000 of balances made available An amendment by Mr. MARKEY, re- cept that the chairman and ranking as a result of prior year deobligations may garding limitation on funds for torture, minority member of the Committee on be obligated for program management and which shall be debatable for 15 min- Appropriations and the Subcommittee administration: Provided further, That any utes; on Science, State, Justice, Commerce, balances made available as a result of prior

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.011 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4495 year deobligations in excess of $29,000,000 not apply to demonstration projects, as au- tion with respect to any undercover inves- shall only be obligated in accordance with thorized by sections 261 and 262 of the Act. tigative operation initiated by the Bureau of section 605 of this Act. Of the amounts pro- PUBLIC SAFETY OFFICERS BENEFITS Alcohol, Tobacco, Firearms and Explosives vided— To remain available until expended, for that is necessary for the detection and pros- (1) $30,000,000 is for the matching grant pro- payments authorized by part L of title I of ecution of crimes against the United States. gram for law enforcement armor vests as au- the Omnibus Crime Control and Safe Streets SEC. 110. Any funds provided in this Act thorized by section 2501 of part Y of the 1968 Act of 1968 (42 U.S.C. 3796), such sums as are under ‘‘Department of Justice’’ used to im- Act, of which not to exceed $3,000,000 shall be necessary, as authorized by section 6093 of plement E-Government Initiatives shall be for the National Institute of Justice to test Public Law 100–690 (102 Stat. 4339–4340); and subject to the procedures set forth in section and evaluate vests; $4,884,000, to remain available until expended 605 of this Act. (2) $60,000,000 is for policing initiatives to for payments as authorized by section 1201(b) SEC. 111. None of the funds made available combat methamphetamine production and of said Act; and $4,064,000 for educational as- to the Department of Justice in this Act trafficking and to enhance policing initia- sistance, as authorized by section 1212 of the may be used for the purpose of transporting tives in ‘‘drug hot spots’’; 1968 Act. an individual who is a prisoner pursuant to (3) $120,000,000 is for a law enforcement conviction for crime under State or Federal technologies and interoperable communica- GENERAL PROVISIONS—DEPARTMENT OF law and is classified as a maximum or high tions program; JUSTICE security prisoner, other than to a prison or (4) $25,000,000 is for grants to upgrade SEC. 101. In addition to amounts otherwise other facility certified by the Federal Bu- criminal records, as authorized under the made available in this title for official recep- reau of Prisons as appropriately secure for Crime Identification Technology Act of 1998 tion and representation expenses, a total of housing such a prisoner. (42 U.S.C. 14601); not to exceed $60,000 from funds appropriated SEC. 112. (a) None of the funds appropriated (5) $10,000,000 is for an offender re-entry to the Department of Justice in this title by this Act may be used by Federal prisons program; shall be available to the Attorney General to purchase cable television services, to rent (6) $177,057,000 is for a DNA analysis and ca- for official reception and representation ex- or purchase videocassettes, videocassette re- pacity enhancement program, and for other penses. corders, or other audiovisual or electronic State, local and Federal forensic activities; SEC. 102. None of the funds appropriated by equipment used primarily for recreational (7) $38,000,000 is for law enforcement assist- this title shall be available to pay for an purposes. ance to Indian tribes; and abortion, except where the life of the mother (b) The preceding sentence does not pre- (8) $60,000,000 for a national program to re- would be endangered if the fetus were carried clude the renting, maintenance, or purchase duce gang violence. to term, or in the case of rape: Provided, of audiovisual or electronic equipment for That should this prohibition be declared un- JUVENILE JUSTICE PROGRAMS inmate training, religious, or educational constitutional by a court of competent juris- programs. For grants, contracts, cooperative agree- diction, this section shall be null and void. ments, and other assistance authorized by This title may be cited as the ‘‘Department SEC. 103. None of the funds appropriated of Justice Appropriations Act, 2006’’. the Juvenile Justice and Delinquency Pre- under this title shall be used to require any vention Act of 1974 (‘‘the Act’’), and other ju- person to perform, or facilitate in any way The CHAIRMAN. Are there any venile justice programs, including salaries the performance of, any abortion. amendments to that portion of the and expenses in connection therewith to be SEC. 104. Nothing in the preceding section bill? transferred to and merged with the appro- shall remove the obligation of the Director AMENDMENT OFFERED BY MR. WOLF priations for Justice Assistance, $333,712,000, of the Bureau of Prisons to provide escort to remain available until expended, as fol- services necessary for a female inmate to re- Mr. WOLF. Mr. Chairman, I offer an lows— ceive such service outside the Federal facil- amendment. (1) $712,000 for concentration of Federal ef- ity: Provided, That nothing in this section in The CHAIRMAN. The Clerk will des- forts, as authorized by section 204 of the Act; any way diminishes the effect of section 103 ignate the amendment. (2) $83,000,000 for State and local programs intended to address the philosophical beliefs The text of the amendment is as fol- authorized by section 221 of the Act, includ- of individual employees of the Bureau of lows: ing training and technical assistance to as- Prisons. Amendment offered by Mr. WOLF: sist small, non-profit organizations with the SEC. 105. Not to exceed 5 percent of any ap- Page 26, line 25, after the dollar amount, Federal grants process; propriation made available for the current insert the following: ‘‘(increased by (3) $70,000,000 for demonstration projects, fiscal year for the Department of Justice in $34,000,000)’’. as authorized by sections 261 and 262 of the this Act may be transferred between such ap- Page 27, line 21, after the dollar amount, Act; propriations, but no such appropriation, ex- insert the following: ‘‘(increased by (4) $5,000,000 for juvenile mentoring pro- cept as otherwise specifically provided, shall $34,000,000)’’. grams; be increased by more than 10 percent by any (5) $80,000,000 for delinquency prevention, such transfers: Provided, That any transfer The CHAIRMAN. Pursuant to the as authorized by section 505 of the Act, of pursuant to this section shall be treated as a order of the House of June 14, the gen- which— reprogramming of funds under section 605 of tleman from Virginia (Mr. WOLF) and a (A) $10,000,000 shall be for the Tribal Youth this Act and shall not be available for obliga- Member opposed each will control 5 Program; tion except in compliance with the proce- (B) $25,000,000 shall be for a gang resistance minutes. dures set forth in that section. The Chair recognizes the gentleman education and training program; and SEC. 106. The Attorney General is author- (C) $25,000,000 shall be for grants of $360,000 ized to extend through September 30, 2007, from Virginia (Mr. WOLF). to each State and $6,640,000 shall be available the Personnel Management Demonstration Mr. WOLF. Mr. Chairman, I yield for discretionary grants to States, for pro- Project transferred to the Attorney General myself 30 seconds. grams and activities to enforce State laws pursuant to section 1115 of the Homeland Se- The committee is dedicated to ad- prohibiting the sale of alcoholic beverages to curity Act of 2002, Public Law 107–296 (6 dressing the methamphetamine prob- minors or the purchase or consumption of al- U.S.C. 533) without limitation on the number coholic beverages by minors, prevention and lem; and now with the additional funds of employees or the positions covered. freed by the amendment, we can dedi- reduction of consumption of alcoholic bev- SEC. 107. None of the funds made available erages by minors, and for technical assist- in this Act may be used by the Drug Enforce- cate more funds to combat the meth ance and training; ment Administration to establish a procure- problem. So I am offering this amend- (6) $5,000,000 for Project Childsafe; ment quota following the approval of a new ment which adds $34 million to the (7) $15,000,000 for the Secure Our Schools drug application or an abbreviated new drug COPS program to combat meth produc- Act as authorized by Public Law 106–386; application for a controlled substance. tion and trafficking and enhance polic- (8) $15,000,000 for programs authorized by SEC. 108. The limitation established in the ing initiatives. the Victims of Child Abuse Act of 1990; and preceding section shall not apply to any new Mr. Chairman, I yield back the bal- (9) $60,000,000 for the Juvenile Account- drug application or abbreviated new drug ap- ability Block Grants program as authorized plication for which the Drug Enforcement ance of my time. by Public Law 107–273 and Guam shall be Administration has reviewed and provided The CHAIRMAN. Does any Member considered a State: public comments on labeling, promotion, claim the time in opposition? Provided, That not more than 10 percent of risk management plans, and any other docu- The question is on the amendment each amount may be used for research, eval- ments. offered by the gentleman from Virginia uation, and statistics activities designed to SEC. 109. Notwithstanding any other provi- (Mr. WOLF). benefit the programs or activities author- sion of law, Public Law 102–395 section 102(b) The amendment was agreed to. ized: Provided further, That not more than 2 shall extend to the Bureau of Alcohol, To- percent of each amount may be used for bacco, Firearms and Explosives in the con- AMENDMENT OFFERED BY MR. WEINER training and technical assistance: Provided duct of undercover investigative operations Mr. WEINER. Mr. Chairman, I offer further, That the previous two provisos shall and shall apply without fiscal year limita- an amendment.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.011 H15JNPT1 H4496 CONGRESSIONAL RECORD — HOUSE June 15, 2005 The CHAIRMAN. The Clerk will des- because the program does not work. A or police; they are both very, very im- ignate the amendment. broad coalition, bipartisan as we saw portant. What is more important, the The text of the amendment is as fol- yesterday and in the sponsorship of my FBI or the police on the beat; they are lows: effort to reauthorize the bill, shows both very, very important. This Amendment offered by Mr. WEINER: that just about every law enforcement amendment seeks to balance two Page 26, line 25, after the dollar amount, group and just about every Member of ideals. insert ‘‘(increased by $126,152,000)’’. this House believes in the COPS pro- Mr. WOLF. Mr. Chairman, I yield Page 57, line 9, after the dollar amount, in- gram. myself 1 minute. sert ‘‘(reduced by $126,152,000)’’. This is another demonstration of the Mr. Chairman, I rise in very strong The CHAIRMAN. Pursuant to the same point. Look at how evenly dis- opposition to the amendment. It would order of the House of June 14, the gen- tributed the number of new officers is: inflict a major blow to the Nation’s tleman from New York (Mr. WEINER) Texas, 6,074 police officers on the basic scientific research. The Nation and the gentleman from Virginia (Mr. street. When John Ashcroft spoke has reached a crisis point in terms of WOLF) each will control 5 minutes. about this during his confirmation science and technology. Any advantage The Chair recognizes the gentleman hearings for Attorney General, he said, that we have enjoyed is rapidly erod- from New York (Mr. WEINER). ‘‘Let me just say, I think the COPS ing. Mr. WEINER. Mr. Chairman, I yield program has been successful. The pur- The research budget should be con- myself such time as I may consume. pose of the COPS program was to dem- sidered part of the national security Mr. Chairman, this is another amend- onstrate to local police departments budget. It is the most strategic invest- ment that offers to bolster the COPS that if you put additional police, feet ment we make in maintaining Amer- program. The hiring count is zeroed on the street, that crime would be af- ica’s leadership in the world. We out in this bill, and it takes the funds fected and people would be safer and worked hard within our limited alloca- of the National Science Foundation, re- more secure. We believe the COPS pro- tion to provide an increased funding duces the NSF not back to the level it gram demonstrated that conclusively.’’ level in the bill for NSF’s basic sci- was before its deep cuts, but puts it That is John Ashcroft. entific research, $157 million above last back to where it was in 2004 before When Tom Ridge was sworn in as the year’s level. Every outside group said those big cuts began. Secretary of Homeland Security, he this is good. It is above what the Bush First, let me say that a consensus is said homeland security starts in our administration had, and to take it out emerging in this House. We have had home towns. now would send a message to the sci- amendment after amendment that has Yet what we have done, the last 4 entific community and the university been offered to take the COPS program years, since September 11, we have had community that would demoralize back from the scrap heap, back from a a steady decline in the COPS program them. It would make us a second- and point at zero, and try to restore the to where it is zero. The hiring compo- third-rate Nation. I urge a strong ‘‘no’’ hiring component. nent is at zero. We are actually taking vote on the amendment. We saw it done from Census, a pro- cops off the street rather than putting Mr. Chairman, I yield 2 minutes to posal to do it from the FBI, and a pro- them on. the gentleman from New York (Mr. posal now to do it from the NSF. Let I have complete confidence that the BOEHLERT), chairman of the Committee me be very clear, I think the NSF gentleman from West Virginia (Mr. on Science and one who knows so much should be higher than my amendment MOLLOHAN) and the gentleman from about this issue. and higher than the level provided by Virginia (Mr. WOLF) understand the (Mr. BOEHLERT asked and was given this House, and I believe the gentleman value of the COPS program. In the dis- permission to revise and extend his re- from West Virginia (Mr. MOLLOHAN) trict of the gentleman from Virginia marks.) and the gentleman from Virginia (Mr. (Mr. WOLF), over $1.1 million has been Mr. BOEHLERT. Mr. Chairman, I rise WOLF) would both like to have more awarded to add school resource offi- in strong opposition to this amend- than they have allocated. cers. In the district of the gentleman ment. I am a little bit surprised that The issue is this: we have reached from West Virginia (Mr. MOLLOHAN), the gentleman from New York (Mr. consensus in Congress that the COPS over $26 million in the State of West WEINER), who is a former member of program should not be zeroed out. We Virginia. the Committee on Science, and let me reached that consensus because in the So what does this amendment do? add a valuable member of the Com- reauthorization for the Justice Depart- First of all, before my opponents stand mittee on Science, I am a little sur- ment we included a billion dollars to up, let me do the argument for them. prised he would be offering this amend- reauthorize the COPS program. We The NSF is a valuable agency. We are ment. reached consensus yesterday on the not saying it is not valuable. We are Let me say what I have said many floor when overwhelmingly an amend- saying that dramatic increase they are times in response to earlier amend- ment was adopted to increase the going to get this year be limited to ments. We cannot be decimating a val- COPS program. We just adopted an bringing them back to where they were uable program so another can do a lit- amendment to restore funds to the in the 2004 budget before we slashed it tle bit better, and that is what this COPS program. The COPS program down. Not that it should be cut, not amendment would do. should not be zeroed out because it has that it should be reduced. It should be The National Science Foundation is been arguably the most successful Fed- flatted out, increased rather, but only not exactly flush with cash these days. eral law enforcement program ever cre- to the point where it was in 2004 before The appropriators deserve to be con- ated, and it is also the most demo- we had the reduction last year. I think gratulated for the funding they have cratic. it is fair and reasonable. been able to find; but let me remind I have a map showing cities all We also have to be careful about Members, it is not as much as NSF re- around the country and the number of something else. We are in the unpleas- ceived in fiscal year 2004. The approval officers that have been funded since ant circumstance of having to take rate for grant applications is down 20 1995 and the level that crime has gone from Peter to pay Paul. But I would percent. The approval rate in some sub- down, whether it be Jackson, Mis- argue that Members should listen to fields, some specialties, is in the single sissippi, 347 officers funded, a crime the voice of this House. We overwhelm- digits. Meanwhile, NSF is being asked rate drop of 12 percent; San Antonio, ingly reauthorized the COPS program to take on more responsibilities, such Texas, 100 officers funded, a drop of 9 in the Justice Department reauthoriza- as footing the bill for the ice-breaking percent; Boston, Massachusetts, 139 of- tion bill. The will of this House is to activities in the Antarctic. This is not ficers funded, a 28 percent crime rate have a COPS hiring component. Yester- the time to be cutting NSF. NSF does reduction. day’s amendments showed it. not have cash to spare. Yet in this bill, we zero out the hir- So before we get into this argument Even the gentleman from New York ing component. It is mysterious why about what is better, science or police, (Mr. WEINER) recognizes this because the COPS program has become such a I say they are both very, very impor- he proudly joined us in signing a letter target, but I can tell Members it is not tant. What is more important, Census requesting far more money for NSF

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.017 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4497 than this bill provides. That letter the economic conditions, of the eco- been spending at any time since those talks about how vital NSF programs nomic realities, of the economic phe- numbers have been kept. We do not are to our Nation’s economic future. nomenon that we all find ourselves in want to weaken that even more. If one takes the long view, it is kind with economic globalization, we need I would also point out that in the of ironic to take money away from to be at the forefront of research. We area of health, if you take a look at the NSF to find funding for local law en- need to be at the forefront of develop- issue of three-dimensional imaging, forcement. If our economy falters, then ment. That requires a Federal role in that has been greatly enhanced by crime will surely go up. And if we do facilitating, in sponsoring, in sending basic research done under contract not invest in basic research, then over the signal that the country needs to in- with the National Science Foundation. time our economy surely will falter. vest in research in collaboration with Research into materials, into changing We should not be doing this. This is not our great university institutions and materials that you can use for joints, the right way to approach it. our great corporations and small busi- for heart valves, much of that has I urge opposition to this amendment nesses and the nonprofit sector that originated in research financed by the which will take money away from a are so active with the National Science National Science Foundation. Eye sur- vital cash-strapped agency which is Foundation funding. gery has been refined to a great extent dealing with our future. No one will I would point out these are competi- by what we have learned under the aus- fund basic research if the Federal Gov- tive grants. They are particularly im- pices of the National Science Founda- ernment does not. That is not true of portant as they facilitate the research tion. local law enforcement. So I urge oppo- that gives us that economic edge in the I applaud the gentleman from New sition to this amendment. world. York in wanting to increase funding Mr. MOLLOHAN. Mr. Chairman, I I strongly support maintaining our for the COPS program. I think it is move to strike the last word. funding for the National Science Foun- outrageous that we have seen these Mr. Chairman, I rise in strong opposi- dation. It would be disastrous and it long-term reductions. But if we do cut tion to this amendment. The gen- would be extremely shortsighted for all back on the National Science Founda- tleman from New York (Mr. WEINER) of the reasons I stated to do otherwise. tion, we not only threaten the health says before we get into this argument Mr. Chairman, I strongly oppose this of America’s citizens, we threaten the between COPS and NSF and NOAA and amendment and would strongly encour- health of America’s economic system all of the other good programs in this age all of our colleagues on a bipar- as well. I think this is one of those ex- bill, we are into the argument of bal- tisan basis to oppose this amendment, amples where this agency does not ancing. He says we are trying to bal- not because we oppose COPS; we sup- have a lot of political support, but it is ance two ideals. port the COPS program, and we will do absolutely imperative that we step in I want to assure the gentleman from everything we can for that program. At and see to it that we make the ad- New York (Mr. WEINER) that the chair- the same time, the other ideal that the vances that are possible with decent man, the ranking member, and all of sponsor of the amendment talked levels of funding. the subcommittees, in addition to the about, the NSF, cannot experience this Mr. WEINER. Mr. Chairman, will the full Committee on Appropriations, kind of a cut and do the job that it gentleman yield? have gone through an extensive exer- needs to do. Mr. OBEY. I yield to the gentleman cise of balancing these ideals, more from New York. 1100 than two ideals. There are many com- b Mr. WEINER. Just for the purpose of peting domestic programs in this bill. Mr. OBEY. Mr. Chairman, I move to clarification, under my amendment we They are all worthy purposes and strike the last word. are not reducing the budget of the projects, and they all serve our country Mr. Chairman, I have spent a lot of NSF. It is going up. It is going up. I in different ways; and given our alloca- time not just this session, but in the just want to make that clear. What we tion, we spent a lot of time balancing two previous sessions of this Congress are doing is we are saying it should rise these ideals. fighting for additional funding for law back to the level it was cut back to. I suggest that this amendment puts enforcement assistance grants. I take a Mr. OBEY. I understand. But the gen- these ideals in imbalance, particularly back seat to no one in my interest in tleman, among other things, is cutting with regard to NSF. The whole stated doing that. But I absolutely agree with into their education programs. This purpose of moving the science pro- virtually every word said by the sub- country is on the edge of being scientif- grams from VA–HUD and independent committee chairman the gentleman ically illiterate. We cannot afford to agencies last year as we went through from Virginia (Mr. WOLF), and by the cut back science education in one what I considered to be an unnecessary ranking member the gentleman from classroom, in one university, in one exercise of eliminating that com- West Virginia (Mr. MOLLOHAN). I have corporation. We have got to have it all, mittee, the stated purpose was to re- spent over 30 years on the Labor- and we need to have much more than emphasize science. Health-Education subcommittee. One we have right now. In a small way this committee has of our main concerns on that sub- Mr. WEINER. If the gentleman will been able to do that in the sense that committee is health research prin- yield further, the gentleman from New the chairman restored to the National cipally centered in the National Insti- York (Mr. BOEHLERT) made this charac- Science Foundation moneys that we tutes of Health. Anyone from NIH will terization as well. The COPS program were not able to give it last year. In tell you that much of the progress that hiring component is zero. Not a little, other words, in 2005 we cut NSF. That they have been able to make in the not a medium amount, not cut back. was a terrible thing to do, and it was past 20 years has been rooted in the Zero. for reasons I will speak to in just a mo- most basic of all scientific research, Mr. OBEY. If I can take back my ment. However, we have restored that and a good deal of that research has time, I understand that. That is why I money in this bill. We have done the been funded in the past by the National had an amendment yesterday to add best for the COPS program, for the law Science Foundation. If we cut back the $400 million to local law enforcement. enforcement programs that we could. National Science Foundation, we are The majority rejected that. I had an- Although State and local law enforce- eating our own seed corn, we are erod- other amendment adding $200 million ment, as we have seen by the Obey ing the ability of this economy to to local law enforcement. amendments and the debate with re- grow, we are weakening the ability of My position in favor of the COPS pro- gard to them, are certainly under- this society to increase human knowl- gram is clear. My brother-in-law is a funded, so is the National Science edge, and we are weakening our efforts former district attorney who was shot. Foundation which is such a critical to improve health as well. I have no less concern about law en- area for the Nation’s future economy. If you would take a look at our re- forcement than the gentleman from I think everybody agrees that science search budget today, at our basic re- New York. But the National Science research is the cutting edge, is the pre- search budget, we are spending a small- Foundation and all of its ancillary pro- cursor, if you will, for a modern econ- er percentage of our national income grams, especially its education pro- omy. If we are going to stay ahead of on basic research today than we have grams, are crucial to the future health

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.020 H15JNPT1 H4498 CONGRESSIONAL RECORD — HOUSE June 15, 2005 of this country. It would be mindless to my hand a laser which I purchased the United States and Foreign Commercial pass this amendment. downstairs in the stationery shop for Service between two points abroad, without Mr. WOLF. I want to thank the gen- $15. That is how far we have come in 50 regard to 49 U.S.C. 40118; employment of tleman from Wisconsin for his com- years. The laser industry, which rose Americans and aliens by contract for serv- ices; rental of space abroad for periods not ments. from a simple grant to Dr. Townes exceeding 10 years, and expenses of alter- Mr. Chairman, I yield 1 minute to the from the National Science Foundation ation, repair, or improvement; purchase or gentleman from Texas (Mr. of a few million dollars, is today a construction of temporary demountable ex- CULBERSON). multi-multibillion-dollar industry in hibition structures for use abroad; payment Mr. CULBERSON. Mr. Chairman, the this country. That is the kind of rate of tort claims, in the manner authorized in gentleman from Wisconsin is correct. of return we get on our investment in the first paragraph of 28 U.S.C. 2672 when The country is on the brink of sci- research and our funding of the Na- such claims arise in foreign countries; not to entific illiteracy. I join the gentleman tional Science Foundation. Reject this exceed $327,000 for official representation ex- from Wisconsin, our ranking member, penses abroad; purchase of passenger motor amendment. It goes in totally the vehicles for official use abroad, not to exceed and our chairman in strongly opposing wrong direction. $45,000 per vehicle; obtaining insurance on of- this amendment. The CHAIRMAN. The question is on ficial motor vehicles; and rental of tie lines, I want to reiterate something Chair- the amendment offered by the gen- $406,925,000, of which $13,000,000 is to be de- man WOLF said which is vitally impor- tleman from New York (Mr. WEINER). rived from fees to be retained and used by tant. The National Science Foundation The question was taken; and the the International Trade Administration, not- is of strategic importance to the future Chairman announced that the noes ap- withstanding 31 U.S.C. 3302: Provided, That prosperity of the United States. We peared to have it. $47,434,000 shall be for Manufacturing and have three appropriations bills that Mr. WEINER. Mr. Chairman, I de- Services; $39,815,000 shall be for Market Ac- deal with the defense of this country; cess and Compliance; $62,134,000 shall be for mand a recorded vote. the Import Administration of which not less one obviously the defense bill, home- The CHAIRMAN. Pursuant to clause than $3,000,000 is for the Office of China Com- land security, and then this bill which 6 of rule XVIII, further proceedings on pliance; $231,722,000 shall be for the United invests in the future prosperity of the the amendment offered by the gen- States and Foreign Commercial Service; and country by investing in fundamental tleman from New York (Mr. WEINER) $25,820,000 shall be for Executive Direction research and development through the will be postponed. and Administration: Provided further, That National Science Foundation. The Mr. WOLF. Mr. Chairman, I ask the provisions of the first sentence of section American Association for the Advance- unanimous consent that title II of the 105(f) and all of section 108(c) of the Mutual ment of Science has shown with future Educational and Cultural Exchange Act of bill through page 52, line 17, be consid- 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply projections that the purchasing power ered as read, printed in the RECORD, in carrying out these activities without re- of research and development invest- and open to amendment at any point. gard to section 5412 of the Omnibus Trade ments are expected to decline over the The CHAIRMAN. Is there objection and Competitiveness Act of 1988 (15 U.S.C. next 5 years. to the request of the gentleman from 4912); and that for the purpose of this Act, The chairman has put together a su- Virginia? contributions under the provisions of the perb bill that increases funding for the There was no objection. Mutual Educational and Cultural Exchange National Science Foundation, not the The text of title II is as follows: Act of 1961 shall include payment for assess- ments for services provided as part of these level we need to be because of our sub- TITLE II—DEPARTMENT OF COMMERCE activities. allocation, but we are moving in the AND RELATED AGENCIES right direction. If we do not do so, TRADE AND INFRASTRUCTURE DEVELOPMENT BUREAU OF INDUSTRY AND SECURITY other nations will pass us by. China is RELATED AGENCIES OPERATIONS AND ADMINISTRATION now graduating 300,000 engineers per OFFICE OF THE UNITED STATES TRADE For necessary expenses for export adminis- year versus 71,000 in the United States. REPRESENTATIVE tration and national security activities of China’s high tech output has shot up SALARIES AND EXPENSES the Department of Commerce, including eightfold over the 1990s, while ours has For necessary expenses of the Office of the costs associated with the performance of ex- only doubled. We need to reject this United States Trade Representative, includ- port administration field activities both do- amendment and continue the growth in ing the hire of passenger motor vehicles and mestically and abroad; full medical coverage investment in research and develop- the employment of experts and consultants for dependent members of immediate fami- as authorized by 5 U.S.C. 3109, $44,779,000, of lies of employees stationed overseas; em- ment through the National Science ployment of Americans and aliens by con- Foundation. which $1,000,000 shall remain available until expended: Provided, That not to exceed tract for services abroad; payment of tort Mr. WOLF. Mr. Chairman, I yield 1 claims, in the manner authorized in the first minute to the gentleman from Michi- $124,000 shall be available for official recep- tion and representation expenses: Provided paragraph of 28 U.S.C. 2672 when such claims gan (Mr. EHLERS), who has been a lead- further, That not less than $2,000,000 provided arise in foreign countries; not to exceed er on this issue. under this heading shall be for expenses au- $15,000 for official representation expenses Mr. EHLERS. Mr. Chairman, first of thorized by 19 U.S.C. 2451 and 1677b(c). abroad; awards of compensation to informers under the Export Administration Act of 1979, all, I have to make a correction. The INTERNATIONAL TRADE COMMISSION gentleman from New York keeps say- and as authorized by 22 U.S.C. 401(b); and SALARIES AND EXPENSES purchase of passenger motor vehicles for of- ing that he is not cutting NSF. Actu- For necessary expenses of the Inter- ficial use and motor vehicles for law enforce- ally, the National Science Foundation national Trade Commission, including hire ment use with special requirement vehicles appropriation under this bill is still of passenger motor vehicles, and services as eligible for purchase without regard to any less than fiscal year 2004 due to the authorized by 5 U.S.C. 3109, and not to exceed price limitation otherwise established by large cut last year. Furthermore, the $2,500 for official reception and representa- law, $77,000,000, to remain available until ex- Research and Related Activities ac- tion expenses, $62,752,000, to remain available pended, of which $14,767,000 shall be for in- count, which we have been discussing until expended. spections and other activities related to na- with this amendment, will be cut $60 DEPARTMENT OF COMMERCE tional security: Provided, That the provisions of the first sentence of section 105(f) and all INTERNATIONAL TRADE ADMINISTRATION million below fiscal year 2004 levels by of section 108(c) of the Mutual Educational this amendment. OPERATIONS AND ADMINISTRATION and Cultural Exchange Act of 1961 (22 U.S.C. We have not only started to eat our For necessary expenses for international 2455(f) and 2458(c)) shall apply in carrying out seed corn, I read an article last week trade activities of the Department of Com- these activities: Provided further, That pay- that said the seed corn is almost gone. merce provided for by law, and for engaging ments and contributions collected and ac- Because other countries are making in trade promotional activities abroad, in- cepted for materials or services provided as this a high priority, they are doing cluding expenses of grants and cooperative part of such activities may be retained for much better than we are in research. agreements for the purpose of promoting ex- use in covering the cost of such activities, Let me illustrate the importance of ports of United States firms, without regard and for providing information to the public to 44 U.S.C. 3702 and 3703; full medical cov- with respect to the export administration research activities. When I was a grad- erage for dependent members of immediate and national security activities of the De- uate student fifty years ago, a friend of families of employees stationed overseas and partment of Commerce and other export con- mine, Charlie Townes, was working on employees temporarily posted overseas; trol programs of the United States and other development of a laser. Today I hold in travel and transportation of employees of governments.

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ECONOMIC DEVELOPMENT ADMINISTRATION and Information Administration (NTIA), (PTO), the amounts necessary to pay: (1) the ECONOMIC DEVELOPMENT ASSISTANCE $17,716,000: Provided, That, notwithstanding difference between the percentage of basic PROGRAMS 31 U.S.C. 1535(d), the Secretary of Commerce pay contributed by the PTO and employees shall charge Federal agencies for costs in- under section 8334(a) of title 5, United States For grants for economic development as- curred in spectrum management, analysis, Code, and the normal cost percentage (as de- sistance as provided by the Public Works and and operations, and related services and such fined by section 8331(17) of that title) of basic Economic Development Act of 1965, and for fees shall be retained and used as offsetting pay, of employees subject to subchapter III trade adjustment assistance, $200,985,000, to collections for costs of such spectrum serv- of chapter 83 of that title; and (2) the present remain available until expended. ices, to remain available until expended: Pro- value of the otherwise unfunded accruing SALARIES AND EXPENSES vided further, That the Secretary of Com- costs, as determined by the Office of Per- For necessary expenses of administering merce is authorized to retain and use as off- sonnel Management, of post-retirement life the economic development assistance pro- setting collections all funds transferred, or insurance and post-retirement health bene- grams as provided for by law, $26,584,000: Pro- previously transferred, from other Govern- fits coverage for all PTO employees, shall be vided, That these funds may be used to mon- ment agencies for all costs incurred in tele- transferred to the Civil Service Retirement itor projects approved pursuant to title I of communications research, engineering, and and Disability Fund, the Employees Life In- the Public Works Employment Act of 1976, related activities by the Institute for Tele- surance Fund, and the Employees Health title II of the Trade Act of 1974, and the Com- communication Sciences of NTIA, in further- Benefits Fund, as appropriate, and shall be munity Emergency Drought Relief Act of ance of its assigned functions under this available for the authorized purposes of 1977. paragraph, and such funds received from those accounts. MINORITY BUSINESS DEVELOPMENT AGENCY other Government agencies shall remain SCIENCE AND TECHNOLOGY available until expended. MINORITY BUSINESS DEVELOPMENT TECHNOLOGY ADMINISTRATION PUBLIC TELECOMMUNICATIONS FACILITIES, For necessary expenses of the Department SALARIES AND EXPENSES PLANNING AND CONSTRUCTION of Commerce in fostering, promoting, and For necessary expenses for the Under Sec- developing minority business enterprise, in- For the administration of the program as retary for Technology Office of Technology cluding expenses of grants, contracts, and authorized by section 392 of the Communica- Policy, $6,460,000. other agreements with public or private or- tions Act of 1934, $2,000,000, to remain avail- NATIONAL INSTITUTE OF STANDARDS AND ganizations, $30,024,000. able until expended as authorized by section TECHNOLOGY ECONOMIC AND INFORMATION INFRASTRUCTURE 391 of the Act. SCIENTIFIC AND TECHNICAL RESEARCH AND UNITED STATES PATENT AND TRADEMARK ECONOMIC AND STATISTICAL ANALYSIS SERVICES OFFICE SALARIES AND EXPENSES For necessary expenses of the National In- SALARIES AND EXPENSES For necessary expenses, as authorized by stitute of Standards and Technology, law, of economic and statistical analysis pro- For necessary expenses of the United $397,744,000, to remain available until ex- grams of the Department of Commerce, States Patent and Trademark Office pro- pended, of which not to exceed $760,000 may $80,304,000, to remain available until Sep- vided for by law, including defense of suits be transferred to the ‘‘Working Capital tember 30, 2007. instituted against the Under Secretary of Fund’’. Commerce for Intellectual Property and Di- BUREAU OF THE CENSUS MANUFACTURING EXTENSION PARTNERSHIPS rector of the United States Patent and SALARIES AND EXPENSES Trademark Office, $1,703,300,000, to remain For necessary expenses of Manufacturing For expenses necessary for collecting, com- available until expended: Provided, That the Extension Partnerships of the National In- piling, analyzing, preparing, and publishing sum herein appropriated from the general stitute of Standards and Technology, statistics, provided for by law, $208,029,000. fund shall be reduced as offsetting collec- $106,000,000, to remain available until ex- pended. PERIODIC CENSUSES AND PROGRAMS tions assessed and collected pursuant to 15 CONSTRUCTION OF RESEARCH FACILITIES For necessary expenses related to the 2010 U.S.C. 1113 and 35 U.S.C. 41 and 376 are re- decennial census, $463,596,000, to remain ceived during fiscal year 2006, so as to result For construction of new research facilities, available until September 30, 2007: Provided, in a fiscal year 2006 appropriation from the including architectural and engineering de- That of the total amount available related to general fund estimated at $0: Provided fur- sign, and for renovation and maintenance of the 2010 decennial census, $213,849,000 is for ther, That during fiscal year 2006, should the existing facilities, not otherwise provided for the Re-engineered Design Process for the total amount of offsetting fee collections be the National Institute of Standards and Short-Form Only Census, $169,948,000 is for less than $1,703,300,000, this amount shall be Technology, as authorized by 15 U.S.C. 278c- the American Community Survey, and reduced accordingly: Provided further, That 278e, $45,000,000, to remain available until ex- $79,799,000 is for the Master Address File/Top- not less than 657 full-time equivalents, 690 pended. ologically Integrated Geographic Encoding positions and $85,017,000 shall be for the ex- NATIONAL OCEANIC AND ATMOSPHERIC and Referencing (MAF/TIGER) system. amination of trademark applications; and ADMINISTRATION not less than 6,050 full-time equivalents, 6,304 In addition, for expenses to collect and OPERATIONS, RESEARCH, AND FACILITIES publish statistics for other periodic censuses positions and $926,356,000 shall be for the ex- (INCLUDING TRANSFER OF FUNDS) and programs provided for by law, amination and searching of patent applica- $160,612,000, to remain available until Sep- tions: Provided further, That not more than For necessary expenses of activities au- tember 30, 2007, of which $72,928,000 is for eco- 265 full-time equivalents, 272 positions and thorized by law for the National Oceanic and nomic statistics programs and $87,684,000 is $37,490,000 shall be for the Office of the Gen- Atmospheric Administration, including for demographic statistics programs: Pro- eral Counsel: Provided further, That not more maintenance, operation, and hire of aircraft vided, That regarding construction of a facil- than 82 full-time equivalents, 83 positions and vessels; grants, contracts, or other pay- ity at the Suitland Federal Center, quarterly and $25,393,000 shall be for the Office of the ments to nonprofit organizations for the pur- reports regarding the expenditure of funds Administrator for External Affairs: Provided poses of conducting activities pursuant to and project planning, design and cost deci- further, That from amounts provided herein, cooperative agreements; and relocation of fa- sions shall be provided by the Bureau, in co- not to exceed $1,000 shall be made available cilities, $2,444,000,000, to remain available operation with the General Services Admin- in fiscal year 2006 for official reception and until September 30, 2007: Provided, That fees istration, to the Committees on Appropria- representation expenses: Provided further, and donations received by the National tions of the Senate and the House of Rep- That notwithstanding section 1353 of title 31, Ocean Service for the management of na- resentatives: Provided further, That none of United States Code, no employee of the tional marine sanctuaries may be retained the funds provided in this or any other Act United States Patent and Trademark Office and used for the salaries and expenses associ- under the heading ‘‘Bureau of the Census, may accept payment or reimbursement from ated with those activities, notwithstanding Periodic Censuses and Programs’’ shall be a non-Federal entity for travel, subsistence, 31 U.S.C. 3302: Provided further, That in addi- used to fund the construction and tenant or related expenses for the purpose of ena- tion, $3,000,000 shall be derived by transfer build-out costs of a facility at the Suitland bling an employee to attend and participate from the fund entitled ‘‘Coastal Zone Man- Federal Center: Provided further, That none in a convention, conference, or meeting when agement’’ and in addition $77,000,000 shall be of the funds provided in this or any other Act the entity offering payment or reimburse- derived by transfer from the fund entitled for any fiscal year may be used for the col- ment is a person or corporation subject to ‘‘Promote and Develop Fishery Products and lection of Census data on race identification regulation by the Office, or represents a per- Research Pertaining to American Fisheries’’: that does not include ‘‘some other race’’ as a son or corporation subject to regulation by Provided further, That of the $2,543,000,000 category. the Office, unless the person or corporation provided for in direct obligations under this is an organization exempt from taxation pur- heading $2,444,000,000 is appropriated from NATIONAL TELECOMMUNICATIONS AND suant to section 501(c)(3) of the Internal Rev- the General Fund, $80,000,000 is provided by INFORMATION ADMINISTRATION enue Code of 1986: Provided further, That in transfer, and $19,000,000 is derived from SALARIES AND EXPENSES fiscal year 2006, from the amounts made deobligations from prior years: Provided fur- For necessary expenses, as provided for by available for ‘‘Salaries and Expenses’’ for the ther, That no general administrative charge law, of the National Telecommunications United States Patent and Trademark Office shall be applied against an assigned activity

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.003 H15JNPT1 H4500 CONGRESSIONAL RECORD — HOUSE June 15, 2005 included in this Act or the report accom- 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 title or from actions taken for the care and panying this Act: Provided further, That the shall be transferred to the ‘‘Operations, Re- protection of loan collateral or grant prop- total amount available for the National Oce- search, and Facilities’’ account to offset the erty shall be absorbed within the total budg- anic and Atmospheric Administration cor- costs of implementing such Act. etary resources available to such department porate services administrative support costs FISHERIES FINANCE PROGRAM ACCOUNT or agency: Provided, That the authority to shall not exceed $189,010,000: Provided further, transfer funds between appropriations ac- For the costs of direct loans, $60,000, as au- That payments of funds made available counts as may be necessary to carry out this thorized by the Merchant Marine Act of 1936: under this heading to the Department of section is provided in addition to authorities Provided, That such costs, including the cost Commerce Working Capital Fund including included elsewhere in this Act: Provided fur- of modifying such loans, shall be as defined Department of Commerce General Counsel ther, That use of funds to carry out this sec- in the Federal Credit Reform Act of 1990: legal services shall not exceed $40,700,000: tion shall be treated as a reprogramming of Provided further, That these funds are only Provided further, That any deviation from the funds under section 605 of this Act and shall available to subsidize gross obligations for amounts designated for specific activities in not be available for obligation or expendi- the principal amount of direct loans not to the report accompanying this Act, or any ture except in compliance with the proce- exceed $5,000,000 for Individual Fishing Quota use of deobligated balances of funds provided dures set forth in that section. loans, and not to exceed $18,900,000 for fish- under this heading in previous years, shall be SEC. 205. Any funds provided in this Act ing capacity reduction loans: Provided fur- subject to the procedures set forth in section under ‘‘Department of Commerce’’ used to ther, That none of the funds made available 605 of this Act. implement E-Government Initiatives shall In addition, for necessary retired pay ex- under this heading may be used for direct be subject to the procedures set forth in sec- penses under the Retired Serviceman’s Fam- loans for any new fishing vessel that will in- tion 605 of this Act. ily Protection and Survivor Benefits Plan, crease the harvesting capacity in any United This title may be cited as the ‘‘Department and for payments for the medical care of re- States fishery. of Commerce and Related Agencies Appro- tired personnel and their dependents under OTHER the Dependents Medical Care Act (10 U.S.C. priations Act, 2006’’. ch. 55), such sums as may be necessary. DEPARTMENTAL MANAGEMENT AMENDMENT OFFERED BY MR. MICA PROCUREMENT, ACQUISITION AND CONSTRUCTION SALARIES AND EXPENSES Mr. MICA. Mr. Chairman, I offer an For procurement, acquisition and con- For expenses necessary for the depart- amendment. struction of capital assets, including alter- mental management of the Department of The CHAIRMAN. The Clerk will des- ation and modification costs, of the National Commerce provided for by law, including not ignate the amendment. Oceanic and Atmospheric Administration, to exceed $5,000 for official entertainment, The text of the amendment is as fol- $47,466,000: Provided, That not to exceed 12 $936,000,000 to remain available until Sep- lows: tember 30, 2008: Provided, That of the full-time equivalents and $1,621,000 shall be amounts provided for the National Polar-or- expended for the legislative affairs function Amendment offered by Mr. MICA: biting Operational Environmental Satellite of the Department. Page 36, line 11, after the first dollar amount, insert the following: ‘‘(increased by System, funds shall only be made available OFFICE OF INSPECTOR GENERAL on a dollar for dollar matching basis with $131,900,000)’’. For necessary expenses of the Office of In- Page 36, line 19, after the dollar amount, funds provided for the same purpose by the spector General in carrying out the provi- Department of Defense: Provided further, insert the following: ‘‘(increased by sions of the Inspector General Act of 1978 (5 That except to the extent expressly prohib- $131,900,000)’’. U.S.C. App.), $22,758,000. ited by any other law, the Department of De- Page 60, line 23, after the dollar amount, fense may delegate procurement functions GENERAL PROVISIONS—DEPARTMENT OF insert the following: ‘‘(reduced by related to the National Polar-orbiting Oper- COMMERCE $131,900,000)’’. ational Environmental Satellite System to SEC. 201. During the current fiscal year, ap- The CHAIRMAN. Pursuant to the officials of the Department of Commerce plicable appropriations and funds made order of the House of June 14, the gen- pursuant to section 2311 of title 10, United available to the Department of Commerce by tleman from Florida (Mr. MICA) and States Code: Provided further, That any devi- this Act shall be available for the activities the gentleman from Virginia (Mr. ation from the amounts designated for spe- specified in the Act of October 26, 1949 (15 cific activities in the report accompanying U.S.C. 1514), to the extent and in the manner WOLF) each will control 5 minutes. this Act, or any use of deobligated balances prescribed by the Act, and, notwithstanding The Chair recognizes the gentleman of funds provided under this heading in pre- 31 U.S.C. 3324, may be used for advanced pay- from Florida (Mr. MICA). vious years, shall be subject to the proce- ments not otherwise authorized only upon Mr. MICA. Mr. Chairman, I yield my- dures set forth in section 605 of this Act: Pro- the certification of officials designated by self such time as I may consume. vided further, That none of the funds provided the Secretary of Commerce that such pay- I offer this amendment which trans- in this Act or any other Act under the head- ments are in the public interest. fers all of the funding for economic ing ‘‘National Oceanic and Atmospheric Ad- SEC. 202. During the current fiscal year, ap- ministration, Procurement, Acquisition and service officer positions in the Depart- propriations made available to the Depart- ment of State, transfers their funds, Construction’’ shall be used to fund the Gen- ment of Commerce by this Act for salaries eral Services Administration’s standard con- and expenses shall be available for hire of $131 million for those positions, to the struction and tenant build-out costs of a fa- passenger motor vehicles as authorized by 31 Foreign Commercial Service operation, cility at the Suitland Federal Center. U.S.C. 1343 and 1344; services as authorized which is under the Department of Com- PACIFIC COASTAL SALMON RECOVERY by 5 U.S.C. 3109; and uniforms or allowances merce. I do so because this 5 or 10 min- For necessary expenses associated with the therefor, as authorized by law (5 U.S.C. 5901– utes that we have here to discuss on restoration of Pacific salmon populations, 5902). this amendment is probably the only $50,000,000: Provided, That this amount shall SEC. 203. Not to exceed 5 percent of any ap- discussion we will have on this entire be available to fund grants to the States of propriation made available for the current bill relating to our trade deficit and Washington, Oregon, Idaho, California, and fiscal year for the Department of Commerce Alaska, and to the Columbia River and Pa- in this Act may be transferred between such the inability of the United States to cific Coastal Tribes for projects necessary appropriations, but no such appropriation compete in international markets. for restoration of salmon and steelhead pop- shall be increased by more than 10 percent I would venture to say very few Mem- ulations that are listed as threatened or en- by any such transfers: Provided, That any bers of Congress have a clue as to what dangered, or identified by a State as at-risk transfer pursuant to this section shall be the Foreign Commercial Service does to be so-listed, for maintaining populations treated as a reprogramming of funds under or where it is positioned. The Foreign necessary for exercise of tribal treaty fishing section 605 of this Act and shall not be avail- rights or native subsistence fishing, or for Commercial Service, which has been able for obligation or expenditure except in around for some time and has bounced conservation of Pacific coastal salmon and compliance with the procedures set forth in steelhead habitat: Provided further, That that section: Provided further, That the Sec- around from the Department of Com- funds disbursed to States shall be subject to retary of Commerce shall notify the Com- merce to the Department of State, is a matching requirement of funds or docu- mittees on Appropriations at least 15 days in our number one means of assistance to mented in-kind contributions of at least advance of the acquisition or disposal of any particularly medium and small busi- thirty-three percent of the Federal funds: capital asset (including land, structures, and nesses overseas to assist in promoting Provided further, That, in order to fulfill the equipment) not specifically provided for in U.S. exports and businesses in those lo- matching requirement in the previous pro- this or any other Departments of Commerce, viso, non-Federal contributions of funds pur- calities. Justice, and State, the Judiciary, and Re- Our trade deficit last month, I be- suant to the previous proviso must be used in lated Agencies Appropriations Act. direct support of this program. SEC. 204. Any costs incurred by a depart- lieve, was $57 billion. We will exceed a COASTAL ZONE MANAGEMENT FUND ment or agency funded under this title re- trade deficit in the United States of Of amounts collected pursuant to section sulting from personnel actions taken in re- over $600 billion this year. We only 308 of the Coastal Zone Management Act of sponse to funding reductions included in this have 76 countries in which we have

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.003 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4501 Foreign Commercial Service oper- EMBASSIES AT WHICH STATE DEPARTMENT SOUTH ASIA ations. We only have officers in 76 PERFORMS COMMERCIAL FUNCTION 80 Colombo countries. In 96 countries, the Depart- AFRICA 81 Dhaka ment of State has that responsibility. I 1 Abidjan 82 Islamabad would not mind if the Department of 2 Addis Ababa 83 Kabul State had that responsibility, but from 3 Antananarivo 84 Kathmandu my personal experience of dealing in 4 Asmara WESTERN HEMISPHERE international trade, our system of pro- 5 Bamako 85 Asuncion 6 Bangui moting, assisting, financing and nego- 86 Belize 7 Banjul 87 Bridgetown tiating in international trade is dys- 8 Bissau 88 Georgetown functional at best. 9 Brazzaville 89 Kingston We have these 98 countries, and I will 10 Bujumbura 90 La Paz include this list as part of the RECORD, 11 Conakry 91 Managua that have no Foreign Commercial 12 Cotonou 92 Montevideo Service operations. It is handled by the 13 Dar Es Salaam 93 Nassau 14 Djibouti State Department. If I thought the 94 Paramaribo 15 Freetown 95 Port au Prince State Department considered this a 16 Gaborone 96 Port of Spain priority in promoting trade in U.S. 17 Harare 97 St. Georges business, or we had the best personnel 18 Kampala 98 Tegucigalpa to assist in doing business, I would not 19 Khartoum Mr. WOLF. Mr. Chairman, I yield be here. Here is the response I got from 20 Kigali myself such time as I may consume. the Department of State on the num- 21 Kinshasa I was led to believe the gentleman ber of positions they have: 22 Libreville 23 Lilongwe was going to withdraw the amendment. There are currently 1,319 Foreign 24 Lome In the interest of time, I would just say Service officers with economics spe- 25 Luanda that I understand what the gentleman cialization. List of overseas economic 26 Lusaka is saying. He makes some very valid positions and posts where the State De- 27 Maputo points. We can look into that. But if partment performs the commercial 28 Maseru the gentleman is going to withdraw it, functions are enclosed. As you can see, 29 Mbabane I will not take the body’s time. the number of economic positions over- 30 N’djamena Mr. MICA. Mr. Chairman, will the 31 Niamey seas, only 497, is considerably less than gentleman yield? 32 Monrovia Mr. WOLF. I yield to the gentleman the number of Foreign Service officers 33 Nouakchott with an economic specialty, 1,319. The from Florida. 34 Ouagadougou Mr. MICA. Mr. Chairman, I thank the difference is accounted for by the fact 35 Port Louis gentleman for yielding. Again, I stayed that many economic officers are entry- 36 Praia out here yesterday and today to make level officers who in their first one or 37 Windhoek this point, because this is critical to two tours in the Foreign Service fill ro- 38 Yaounde the future economic development, the tational or consular positions. Other EAST ASIA & PACIFIC growth of jobs in this country. With economics officers are stationed in 39 Apia that spirit in mind, I appreciate the 40 Bandar Seri Begawan Washington; others are participating in gentleman’s offer to look further at long-term training or performing other 41 Dili 42 Kolonia this proposal. noneconomic jobs overseas, and so Mr. Chairman, I ask unanimous con- forth. 43 Koror 44 Majuro sent to withdraw the amendment. That is not a priority. We have the 45 Phnom Penh The CHAIRMAN. Without objection, emerging markets around the world in 46 Port Moresby the amendment is withdrawn. which we have not a priority nor no 47 Rangoon There was no objection. 48 Suva Foreign Commercial Service officer op- b 1115 erating. This is a simple amendment. It 49 Ulaambaatar transfers those, sometimes they call 50 Vientianne AMENDMENT OFFERED BY MR. INSLEE them bean counters, and in some coun- EUROPE Mr. INSLEE. Mr. Chairman, I offer tries the economic officers do do a very 51 Ashgabat an amendment. The CHAIRMAN. The Clerk will des- good job, but I am saying in most coun- 52 Baku 53 Bishkek ignate the amendment. tries we do not even have and in emerg- The text of the amendment is as fol- ing markets we do not even have a For- 54 Chisinau 55 Dushanbe lows: eign Commercial Service officer. 56 Ljubljana Amendment offered by Mr. INSLEE: Finally, I have a chart that shows 57 Luxembourg Page 38, line 1, insert after the dollar the level of funding for international 58 Minsk amount the following: ‘‘(reduced by trade promotion and assistance posi- 59 Nicosia $5,000,000)’’. tions and the deficit. As we keep the 60 Reykjavik Page 45, line 25, insert after the dollar 61 Riga amount the following: ‘‘(increased by level of personnel dealing with assist- $5,000,000)’’. ing business and particularly medium 62 Sasrajevo 63 Skopje The CHAIRMAN. Pursuant to the and small business at the lowest pos- 64 Tallinn order of the House of June 14, the gen- sible level, you can see that our trade 65 Tashkent tleman from Washington (Mr. INSLEE) deficit explodes. 66 Tbilisi and the gentleman from Virginia (Mr. 67 Tirana Mr. Chairman, 19 of 20 consumers in WOLF) each will control 5 minutes. the future are outside our borders. I 68 Valletta The Chair recognizes the gentleman cannot fault the appropriators alone 69 Vilnius 70 Yerevan from Washington (Mr. INSLEE). because this is also authorization re- Mr. INSLEE. Mr. Chairman, I yield sponsibility, but it is multijuris- NEAR EAST myself such time as I may consume. dictional. But no one is taking it with- 71 Algiers This is a small, but I think meaning- in their turf to do anything about this, 72 Beirut ful, amendment that will stop some of so I propose today that we take the 73 Damascus the cuts that have been going on for economic officers who do not have this 74 Doha 75 Manama several years in our Coastal Zone Man- as a priority in the Department of 76 Muscat agement account that aids so many State and transfer them to the Depart- 77 Sanaa communities on the coast and our wa- ment of Commerce under the Foreign 78 Tripoli tersheds across the country. Unfortu- Commercial Service Office. 79 Tunis nately, we have continued to seek cuts

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.027 H15JNPT1 H4502 CONGRESSIONAL RECORD — HOUSE June 15, 2005 in the NOAA budget, which have also international marketplace by the long with my amendment try to keep some impacted the Coastal Zone Manage- processing time of export license appli- of the toxics and sewage off the beach- ment program over the last several cations. This amendment would roll es that our constituents are going to years, this year a $500 million cut in back the progress that we have made in see this summer in numerous places the NOAA budget. Our amendment reducing the average processing time around this country. would restore simply $5 million to the from 44 days to 32 days since 2003. With And the challenges that we face in Coastal Zone Management account to additional money we could probably the oceans have not been going down. be used in numerous places across the get that down. They are becoming greater. It does not country. The trade deficit, the trade imbal- make sense for this Congress year after This summer our constituents are ance, this would really create a greater year to cut the attention that we give going to be going to the beaches, but problem to deal with that. Quite frank- to the beaches across this country and unfortunately there is some bad news ly, I do not think this administration the lake shores from the Great Lakes at those beaches. We have got algae, has done enough to deal with the trade to the Mississippi to the Gulf Coast and red tide, closures of shellfish beds in deficit, the trade imbalance. So to take the Pacific. This is not our prior- New England. We have got fish in 22 $5 million from the Bureau of Industry itization. Without this amendment sites in coastal waterways found con- and Security would severely diminish there is an imbalance. Let us have both taminated with toxics. One third of the our ability both on looking at weapons these accounts go up. Under my beaches in the Great Lakes have been of mass destruction and technology amendment, both of these accounts go closed due to septic and sewage prob- and also hamper American business at up this year, and that is the lems at one point or another in the last the very time when we are urging them prioritization. several years. We have got problems in to sell American products abroad. Mr. Chairman, I yield back the bal- our beaches, and we do not want to I understand the gentleman makes ance of my time. allow cuts to continue to occur to this some good points with regard to the Mr. WOLF. Mr. Chairman, I think all Coastal Zone Management account. Coastal Zone Management, and maybe that is needed to be said has been said. I want to note this account is not we can look at that as we go into con- I urge a ‘‘no’’ vote on the amendment, just for the West and east coasts. This ference. But I would not want to take and I yield back the balance of my includes watersheds across the coun- that from here. I urge a ‘‘no’’ vote on time. try, for instance, in the Ohio Cuyahoga the amendment. The CHAIRMAN. The question is on County project to address some prob- Mr. Chairman, I yield such time as he the amendment offered by the gen- lems at Euclid Creek; in Pennsylvania may consume to the gentleman from tleman from Washington (Mr. INSLEE). in Bucks County, an award to help West Virginia (Mr. MOLLOHAN). The question was taken; and the handicap access of Silver Lake Nature Mr. MOLLOHAN. Mr. Chairman, I Chairman announced that the noes ap- Center. This really is a nationwide pro- rise in opposition to the amendment. peared to have it. gram, and there are nationwide prob- There is no question that Coastal Mr. INSLEE. Mr. Chairman, I de- lems that we want to address. Zone Management grants are impor- mand a recorded vote. There has been a strong bipartisan tant, and the committee addressed it The CHAIRMAN. Pursuant to clause support for this program. I note the as best they could. This is not a good 6 of rule XVIII, further proceedings on President, on our national oceans pol- place to take money from. The mission the amendment offered by the gen- icy, has suggested we need increased, of the bureau is to advance U.S. na- tleman from Washington (Mr. INSLEE) not decreased, funding with our coastal tional security, U.S. foreign policy and will be postponed. beaches, which are real jewels in the economic interests. It regulates the ex- Mr. SERRANO. Mr. Chairman, I crown of our national assets. port of sensitive goods and tech- move to strike the last word. This money would come out of the nologies, enforces export control, anti- I yield to the gentleman from Cali- Bureau of Industry and Security. That boycott and public safety laws. This fornia (Mr. SCHIFF). bureau in this year’s proposed budget may not be a high visibility public or- Mr. SCHIFF. Mr. Chairman, I thank would get a 14 percent plus-up. After ganization, but they do extremely im- the gentleman for yielding to me. our proposal, they would still have a 7 portant work, and they have received Mr. Chairman, I am pleased that this percent increase. So under our pro- accolades from the commission on in- appropriations bill increases funding posal, we preserve our beaches. We sim- telligence capabilities of the United for the United States Marshals Service ply restore this to levels we had in 2002, States regarding weapons of mass de- to enhance judicial protection. We and we still increase this agency that struction report. have all heard of the deadly shootings is responsible for export controls in the The point is that this agency does a that have claimed the lives of a judge, Department of Commerce. This is lot of very good work, and I agree with a judge’s family members, a court re- something to really get back to where the chairman. As we move forward, if porter, a sheriff’s deputy, and others we were in 2002 to protecting our there are any opportunities to put inside and outside courthouses and beaches. We commend this to our Mem- money into Coastal Zone Management even at private residences. This in- bers. grants or some of these other worthy crease in funding is a good step, but I Mr. Chairman, I reserve the balance accounts, we should take every oppor- hope this Congress will continue to ad- of my time. tunity to do that. However, again, this dress this important issue so that we Mr. WOLF. Mr. Chairman, I yield is a balancing act, and I think that the can ensure the safety in our court- myself 3 minutes. bill reflects the right balance with re- rooms and the safety of our distin- I rise in opposition to the gentle- gard to this account. guished jurists. man’s amendment. The amendment I urge my colleagues to oppose the Mr. Chairman, in addition to the cuts the Bureau of Industry and Secu- amendment. physical attacks we have witnessed, rity by over 6 percent. What does that Mr. INSLEE. Mr. Chairman, I yield the judiciary has also been the subject mean, because it does not sound that it myself such time as I may consume. of many verbal assaults as well. The is that significant? A cut of $5 million This is a balancing act, but these ac- independence of the judiciary, a matter to the Bureau of Industry and Security counts are in balance. This Bureau of so fundamental to our separation of would severely diminish efforts to Industry and Security is going up powers, has recently come under at- deter weapons of mass destruction pro- under the proposed bill by $10 million. tack and has even become a matter of liferation, would prevent sensitive It is going up $10 million, and under contention for some, even those at the dual-use items from falling into the our amendment it would still go up $5 highest levels of leadership in Congress hands of terrorists, and enforces the million. It would still go up 7 percent. who have made no effort to disguise a anti-boycott laws of the United States. This agency is getting bigger. It is hav- growing hostility towards the courts. Some think that the Bureau of Indus- ing more capability under our amend- In bill after bill, many of our col- try and Security is actually too weak, ment than it did last year, and it is leagues have been calling to strip the and I may be in that category. Amer- going to have an ability to do its mis- courts of jurisdiction over issues where ican industry is being hampered in the sion. But we will also at the same time they believe the courts have erred, or

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.031 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4503 might err, and arguing we have no need without belittling ourselves. I urge authorized by 5 U.S.C. 5901–5902; travel ex- of them. The proposed sanction for support for this amendment. penses; purchase and hire of passenger motor judges who tread on this prohibited I know the chairman has a point of vehicles; not to exceed $35,000 for official re- ground, and a word spoken in the Halls order on this. I would like to, on a sep- ception and representation expenses; and purchase, lease, charter, maintenance and of Congress with less and less restraint: arate topic, just thank the chairman; operation of mission and administrative air- impeachment. and I would also like to thank not only craft, $9,725,750,000, to remain available until Perhaps the single greatest example the gentleman from Virginia (Chair- September 30, 2007, of which amounts as de- of the magnitude of the challenge to man WOLF) but the gentleman from termined by the Administrator for salaries the independence of the courts, though, West Virginia (Mr. MOLLOHAN), ranking and benefits; training, travel and awards; fa- came with the Congress’s extraor- member, for their work on the NASA cility and related costs; information tech- dinary intervention in the case of budget in particular as it impacted nology services; science, engineering, fabri- Terry Schiavo. This heartrending pri- JPL. I really appreciate the chairman’s cating and testing services; and other admin- vate tragedy became the focus of ef- istrative services may be transferred to ‘‘Ex- diligence. He was very kind to meet ploration Capabilities’’ in accordance with forts to overturn the Florida courts’ and discuss this with me several times, section 312(b) of the National Aeronautics interpretation of Florida law. When the to reach out to me after our discus- and Space Act of 1958, as amended by Public Federal courts rejected this private bill sions. I want to thank the chairman Law 106–377: Provided, That any funds pro- and its effort to provide jurisdiction to again for all his diligence on that issue. vided under this heading used to implement courts that could not properly exercise Mr. WOLF. Mr. Chairman, will the E-Government Initiatives shall be subject to it, the reaction among many in Con- gentleman yield? the procedures set forth in section 605 of this gress was one of wrath. The same con- Mr. SERRANO. I yield to the gen- Act. gressional leaders who had spent the tleman from Virginia. EXPLORATION CAPABILITIES last several months trying to strip the Mr. WOLF. Mr. Chairman, there is no (INCLUDING TRANSFER OF FUNDS) Federal courts of jurisdiction were now amendment. We were going to reserve a For necessary expenses, not otherwise pro- trying to extend it where it did not be- point of order on it. But I just want the vided for, in the conduct and support of ex- long. Some have decided that the inde- ploration capabilities research and develop- RECORD to show, and I appreciate the ment activities, including research, develop- pendence of the judiciary is an incon- gentleman’s comments, that the bill ment, operations, support and services; venient impediment to a results-at-all- provides $800 million for the Marshals maintenance; construction of facilities in- costs philosophy. Service, which is $41 million above the cluding repair, rehabilitation, revitalization As a Member of Congress with a current year and $10 million above the and modification of facilities, construction strong interest in improving the rela- request. This is in addition to the $12 of new facilities and additions to existing fa- tionship between the legislative and ju- million provided in the war supple- cilities, facility planning and design, and ac- dicial branches, I have formed, with mental for judicial security. quisition or condemnation of real property, the gentlewoman from Illinois (Mrs. as authorized by law; environmental compli- So with that I just thank the gen- ance and restoration; space flight, spacecraft BIGGERT), a bipartisan congressional tleman for his comments. control and communications activities in- caucus dedicated to improving comity b 1130 cluding operations, production, and services; between the branches of government. program management; personnel and related Our Congressional Caucus on the Judi- Mr. SCHIFF. Mr. Chairman, if the costs, including uniforms or allowances cial Branch currently consists of some gentleman will yield further, I thank therefor, as authorized by 5 U.S.C. 5901–5902; 35 Members from both sides of the the chairman, and I do appreciate the travel expenses; purchase and hire of pas- aisle, and I encourage my colleagues increases in courthouse security. I senger motor vehicles; not to exceed $35,000 who share our goal to join our efforts would ask my colleagues to join in sup- for official reception and representation ex- to restore the historical comity be- porting not only the physical security penses; and purchase, lease, charter, mainte- nance and operation of mission and adminis- tween our two branches. measures, but also the independence of trative aircraft, $6,712,900,000, to remain For the last 2 years, Chief Justice the institution of the judiciary. available until September 30, 2007, of which Rehnquist has cited the deterioration The CHAIRMAN. The Clerk will read. amounts as determined by the Administrator in relations between the Congress and The Clerk read as follows: for salaries and benefits; training, travel and the Federal judiciary, using his year- TITLE III—SCIENCE awards; facility and related costs; informa- tion technology services; science, engineer- end reports to urge a restoration of OFFICE OF SCIENCE AND TECHNOLOGY POLICY ing, fabricating and testing services; and comity between the branches. He has For necessary expenses of the Office of quoted Chief Justice Hughes’ admoni- other administrative services may be trans- Science and Technology Policy, in carrying ferred to ‘‘Science, Aeronautics and Explo- tion to the Congress of his day that ‘‘in out the purposes of the National Science and ration’’ in accordance with section 312(b) of the great enterprise of making Amer- Technology Policy, Organization, and Prior- the National Aeronautics and Space Act of ican democracy workable for all part- ities Act of 1976 (42 U.S.C. 6601–6671), hire of 1958, as amended by Public Law 106–377: Pro- ners, one member of our body politic passenger motor vehicles, and services as au- vided, That any funds provided under this cannot say to another ’I have no need thorized by 5 U.S.C. 3109, not to exceed $2,500 heading used to implement E-Government of thee.’’’ for official reception and representation ex- Initiatives shall be subject to the procedures So today I offer on the House floor a penses, and rental of conference rooms in the set forth in section 605 of this Act. District of Columbia, $5,564,000. simple sense of Congress amendment to OFFICE OF INSPECTOR GENERAL demonstrate to our colleagues in the NATIONAL AERONAUTICS AND SPACE For necessary expenses of the Office of In- ADMINISTRATION judicial branch and to the American spector General in carrying out the Inspec- people that we are committed to work- SCIENCE, AERONAUTICS AND EXPLORATION tor General Act of 1978, as amended, ing together with the other branches (INCLUDING TRANSFER OF FUNDS) $32,400,000. and to upholding the fundamental sep- For necessary expenses, not otherwise pro- ADMINISTRATIVE PROVISIONS aration of powers that the Founders vided for, in the conduct and support of Notwithstanding the limitation on the envisioned, even if we do not always science, aeronautics and exploration re- availability of funds appropriated for search and development activities, including ‘‘Science, Aeronautics and Exploration’’, or agree with each other. research, development, operations, support ‘‘Exploration Capabilities’’ by this appro- It reads: ‘‘It is the sense of Congress and services; maintenance; construction of priations Act, when any activity has been that all necessary steps should be facilities including repair, rehabilitation, re- initiated by the incurrence of obligations for taken to provide adequate security for vitalization, and modification of facilities, construction of facilities or environmental the judiciary and to protect and uphold construction of new facilities and additions compliance and restoration activities as au- the independence of the judicial to existing facilities, facility planning and thorized by law, such amount available for branch.’’ design, and restoration, and acquisition or such activity shall remain available until ex- Mr. Chairman, efforts by Congress to condemnation of real property, as authorized pended. This provision does not apply to the force the courts to look at our tran- by law; environmental compliance and res- amounts appropriated for institutional toration; space flight, spacecraft control and minor revitalization and construction of fa- sient wishes, rather than the Constitu- communications activities including oper- cilities, and institutional facility planning tion, will damage the courts and under- ations, production, and services; program and design. mine our own integrity. In the end, we management; personnel and related costs, in- Notwithstanding the limitation on the cannot expect to belittle the courts cluding uniforms or allowances therefor, as availability of funds appropriated for

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.037 H15JNPT1 H4504 CONGRESSIONAL RECORD — HOUSE June 15, 2005 ‘‘Science, Aeronautics and Exploration’’, or Act of 1950, as amended (42 U.S.C. 1861–1875); international information programs: Pro- ‘‘Exploration Capabilities’’ by this appro- services authorized by 5 U.S.C. 3109; hire of vided further, That of the amount made avail- priations Act, the amounts appropriated for passenger motor vehicles; not to exceed able under this heading, $3,000,000 shall be construction of facilities shall remain avail- $9,000 for official reception and representa- available only for the operations of the Of- able until September 30, 2008. tion expenses; uniforms or allowances there- fice on Right-Sizing the United States Gov- From amounts made available in this Act for, as authorized by 5 U.S.C. 5901–5902; rent- ernment Overseas Presence: Provided further, for these activities, subject to the operating al of conference rooms in the District of Co- That funds available under this heading may plan procedures of the House and Senate lumbia; and reimbursement of the General be available for a United States Government Committees on Appropriations, the Adminis- Services Administration for security guard interagency task force to examine, coordi- trator may transfer amounts between the services; $250,000,000: Provided, That con- nate and oversee United States participation ‘‘Science, Aeronautics, and Exploration’’ ac- tracts may be entered into under ‘‘Salaries in the United Nations headquarters renova- count and the ‘‘Exploration Capabilities’’ ac- and Expenses’’ in fiscal year 2006 for mainte- tion project: Provided further, That no funds count during fiscal year 2006. nance and operation of facilities, and for may be obligated or expended for processing Funds for announced prizes otherwise au- other services, to be provided during the licenses for the export of satellites of United thorized shall remain available, without fis- next fiscal year. States origin (including commercial sat- cal year limitation, until the prize is ellites and satellite components) to the Peo- OFFICE OF THE NATIONAL SCIENCE BOARD claimed or the offer is withdrawn. ple’s Republic of China unless, at least 15 Funding made available under the head- For necessary expenses (including payment days in advance, the Committees on Appro- ings ‘‘Exploration Capabilities’’ and of salaries, authorized travel, hire of pas- priations of the House of Representatives ‘‘Science, Aeronautics, and Exploration’’ in senger motor vehicles, the rental of con- and the Senate are notified of such proposed this Act shall be governed by the terms and ference rooms in the District of Columbia, action. conditions specified in the statement of and the employment of experts and consult- In addition, not to exceed $1,469,000 shall be managers accompanying the conference re- ants under section 3109 of title 5, United derived from fees collected from other execu- port for this Act. States Code) involved in carrying out section tive agencies for lease or use of facilities lo- 4 of the National Science Foundation Act of NATIONAL SCIENCE FOUNDATION cated at the International Center in accord- 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 ance with section 4 of the International Cen- RESEARCH AND RELATED ACTIVITIES U.S.C. 1880 et seq.), $4,000,000: Provided, That ter Act; in addition, as authorized by section For necessary expenses in carrying out the not more than $9,000 shall be available for of- 5 of such Act, $490,000, to be derived from the National Science Foundation Act of 1950, as ficial reception and representation expenses. reserve authorized by that section, to be amended (42 U.S.C. 1861–1875), and the Act to OFFICE OF INSPECTOR GENERAL used for the purposes set out in that section; establish a National Medal of Science (42 in addition, as authorized by section 810 of U.S.C. 1880–1881); services as authorized by 5 For necessary expenses of the Office of In- spector General as authorized by the Inspec- the United States Information and Edu- U.S.C. 3109; maintenance and operation of cational Exchange Act, not to exceed aircraft and purchase of flight services for tor General Act of 1978, as amemded, $11,500,000, to remain available until Sep- $6,000,000, to remain available until ex- research support; acquisition of aircraft; pended, may be credited to this appropria- $4,377,520,000 to remain available until Sep- tember 30, 2007. This title may be cited as the ‘‘Science Ap- tion from fees or other payments received tember 30, 2007, of which not to exceed propriations Act, 2006’’. from English teaching, library, motion pic- $425,000,000 shall remain available until ex- Mr. WOLF (during the reading). Mr. tures, and publication programs and from pended for Polar research and operations fees from educational advising and coun- support, and for reimbursement to other Chairman, I ask unanimous consent seling and exchange visitor programs; and, in Federal agencies for operational and science that the remainder of the bill through addition, not to exceed $15,000, which shall be support and logistical and other related ac- page 60, line 4, be considered as read, derived from reimbursements, surcharges, tivities for the United States Antarctic pro- printed in the RECORD, and open to and fees for use of Blair House facilities. gram: Provided, That from amounts specified amendment at any point. In addition, for the costs of worldwide se- for Polar research and operations support, The CHAIRMAN. Is there objection curity upgrades, $689,523,000, to remain avail- the National Science Foundation may reim- able until expended. burse the Coast Guard for such sums as de- to the request of the gentleman from CAPITAL INVESTMENT FUND termined by the Director of the National Virginia? For necessary expenses of the Capital In- Science Foundation to be necessary to sup- There was no objection. vestment Fund, $128,263,000, to remain avail- port the Foundation’s mission requirements: The CHAIRMAN. The Clerk will read. able until expended, as authorized: Provided, Provided further, That any reimbursement The Clerk read as follows: That section 135(e) of Public Law 103–236 pursuant to the previous proviso shall be TITLE IV—DEPARTMENT OF STATE AND shall not apply to funds available under this treated as a reprogramming under section RELATED AGENCY heading. 605 of this Act and shall not be available for DEPARTMENT OF STATE obligation or expenditure except in compli- OFFICE OF INSPECTOR GENERAL ance with the procedures set forth in that ADMINISTRATION OF FOREIGN AFFAIRS For necessary expenses of the Office of In- section: Provided further, That receipts for DIPLOMATIC AND CONSULAR PROGRAMS spector General, $29,983,000, notwithstanding scientific support services and materials fur- For necessary expenses of the Department section 209(a)(1) of the Foreign Service Act nished by the National Research Centers and of State and the Foreign Service not other- of 1980 (Public Law 96–465), as it relates to other National Science Foundation sup- wise provided for, including employment, post inspections. ported research facilities may be credited to without regard to civil service and classifica- EDUCATIONAL AND CULTURAL EXCHANGE this appropriation: Provided further, That tion laws, of persons on a temporary basis PROGRAMS funds under this heading may be available (not to exceed $700,000 of this appropriation), For expenses of educational and cultural for innovation inducement prizes. as authorized by section 801 of the United exchange programs, as authorized, MAJOR RESEARCH EQUIPMENT AND FACILITIES States Information and Educational Ex- $410,400,000, to remain available until ex- CONSTRUCTION change Act of 1948; representation to certain pended: Provided, That not to exceed For necessary expenses for the acquisition, international organizations in which the $2,000,000, to remain available until ex- construction, commissioning, and upgrading United States participates pursuant to trea- pended, may be credited to this appropria- of major research equipment, facilities, and ties ratified pursuant to the advice and con- tion from fees or other payments received other such capital assets pursuant to the Na- sent of the Senate or specific Acts of Con- from or in connection with English teaching, tional Science Foundation Act of 1950, as gress; arms control, nonproliferation and dis- educational advising and counseling pro- amended, including authorized travel, armament activities as authorized; acquisi- grams, and exchange visitor programs as au- $193,350,000, to remain available until ex- tion by exchange or purchase of passenger thorized. pended. motor vehicles as authorized by law; and for REPRESENTATION ALLOWANCES expenses of general administration, EDUCATION AND HUMAN RESOURCES For representation allowances as author- $3,747,118,000: Provided, That not to exceed 71 ized, $8,281,000. For necessary expenses in carrying out permanent positions and $9,804,000 shall be PROTECTION OF FOREIGN MISSIONS AND science and engineering education and for the Bureau of Legislative Affairs: Pro- OFFICIALS human resources programs and activities vided further, That, of the amount made pursuant to the National Science Founda- available under this heading, not to exceed For expenses, not otherwise provided, to tion Act of 1950, as amended (42 U.S.C. 1861– $4,000,000 may be transferred to, and merged enable the Secretary of State to provide for 1875), including services as authorized by 5 with, funds in the ‘‘Emergencies in the Dip- extraordinary protective services, as author- U.S.C. 3109, and rental of conference rooms lomatic and Consular Service’’ appropria- ized, $9,390,000, to remain available until Sep- in the District of Columbia, $807,000,000, to tions account, to be available only for emer- tember 30, 2007. remain available until September 30, 2007. gency evacuations and terrorism rewards: EMBASSY SECURITY, CONSTRUCTION, AND SALARIES AND EXPENSES Provided further, That, of the amount made MAINTENANCE For salaries and expenses necessary in car- available under this heading, $340,000,000 For necessary expenses for carrying out rying out the National Science Foundation shall be available only for public diplomacy the Foreign Service Buildings Act of 1926 (22

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.012 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4505 U.S.C. 292–303), preserving, maintaining, re- national organization: Provided further, That there is no clearer way to impact pub- pairing, and planning for buildings that are none of the funds appropriated in this para- lic policy, than to reduce the budget, owned or directly leased by the Department graph shall be available for a United States to reduce the expenditures of the of State, renovating, in addition to funds contribution to an international organiza- American taxpayer to this inter- otherwise available, the Harry S Truman tion for the United States share of interest Building, and carrying out the Diplomatic costs made known to the United States Gov- national budget. Security Construction Program as author- ernment by such organization for loans in- I ask approval of this amendment. ized, $603,510,000, to remain available until curred on or after October 1, 1984, through Mr. Chairman, I reserve the balance expended as authorized, of which not to ex- external borrowings. of my time. ceed $25,000 may be used for domestic and AMENDMENT NO. 33 OFFERED BY MR. HAYWORTH Mr. WOLF. Mr. Chairman, I rise in overseas representation as authorized: Pro- Mr. HAYWORTH. Mr. Chairman, I opposition to the amendment. vided, That none of the funds appropriated in offer an amendment. The CHAIRMAN. The gentleman this paragraph shall be available for acquisi- The CHAIRMAN. The Clerk will des- from Virginia will control the 5 min- tion of furniture, furnishings, or generators ignate the amendment. utes in opposition. for other departments and agencies. The text of the amendment is as fol- In addition, for the costs of worldwide se- Mr. WOLF. Mr. Chairman, I yield curity upgrades, acquisition, and construc- lows: myself such time as I may consume. tion as authorized, $910,200,000, to remain Amendment No. 33 offered by Mr. Mr. Chairman, the amendment available until expended. HAYWORTH: strikes $200 million from the Inter- Page 65, line 20, after the dollar amount in- EMERGENCIES IN THE DIPLOMATIC AND national Organization Account under sert the following: ‘‘(reduced by CONSULAR SERVICE State Department. Quite frankly, this $218,000,000)’’. would be devastating for the gentleman For expenses necessary to enable the Sec- The CHAIRMAN. Pursuant to the retary of State to meet unforeseen emer- from Illinois (Chairman HYDE), who is gencies arising in the Diplomatic and Con- order of the House of June 14, the gen- bringing his bill up tomorrow. sular Service, $10,000,000, to remain available tleman from Arizona (Mr. HAYWORTH) This bill already, the bill we are now until expended as authorized, of which not to and a Member opposed will each con- dealing with today, cuts $130 million exceed $1,000,000 may be transferred to and trol 5 minutes. from the President’s request for inter- merged with the Repatriation Loans Pro- The Chair recognizes the gentleman national organizations. These cuts in gram Account, subject to the same terms from Arizona (Mr. HAYWORTH). and conditions. Mr. HAYWORTH. Mr. Chairman, I the amendment offered by my good friend from Arizona would have a di- REPATRIATION LOANS PROGRAM ACCOUNT yield myself such time as I may con- rect impact on critical organizations For the cost of direct loans, $712,000, as au- sume. thorized: Provided, That such costs, including Mr. Chairman, I rise to offer an such as NATO, whose members are now the cost of modifying such loans, shall be as amendment to this appropriations bill providing training and support in Iraq defined in section 502 of the Congressional today that reduces United States con- and Afghanistan. Last night I heard Budget Act of 1974. In addition, for adminis- tributions to the United Nations reg- the President talk about the success trative expenses necessary to carry out the ular budget by 50 percent. that is taking place in Afghanistan, direct loan program, $607,000, which may be Mr. Chairman, the sad facts are and this amendment literally would transferred to and merged with the Diplo- these: Although plagued by scandal, try to take that success away. Further matic and Consular Programs account under cutting this funding jeopardizes the ef- Administration of Foreign Affairs. the U.N. refuses to take reform seri- ously. Despite continued reports of fort. PAYMENT TO THE AMERICAN INSTITUTE IN Lastly, this body should know that TAIWAN U.N. employees taking advantage of along with the gentleman from New For necessary expenses to carry out the the very people they are supposed to Taiwan Relations Act (Public Law 96–8), protect, allowing billions of dollars to York (Mr. SERRANO), as ranking mem- $19,751,000. be misspent in the oil-for-food relief ber, we had in our bill last year a task force chaired by Speaker Gingrich and PAYMENT TO THE FOREIGN SERVICE program, twisted allegations of U.N. RETIREMENT AND DISABILITY FUND peacekeepers offering minors food in Majority Leader Mitchell that just re- For payment to the Foreign Service Re- return for sex in the Congo, providing ported today. I read their entire report tirement and Disability Fund, as authorized seats for China, Sudan and then Cuba over the weekend on dramatic reforms by law, $131,700,000. at the Human Rights Commission, Kofi to the U.N. INTERNATIONAL ORGANIZATIONS Annan refuses to consider necessary re- At a press conference today at 10 CONTRIBUTIONS TO INTERNATIONAL forms to clean up the U.N. Indeed, Mr. o’clock, I made the comments that be- ORGANIZATIONS Chairman, in as recently as today’s cause of the failure of the U.N. to deal For expenses, not otherwise provided for, headlines, we read of alleged connec- with Darfur, and nobody has been more necessary to meet annual obligations of tions and knowledge by the Secretary critical in this institution of the U.N. membership in international multilateral or- General into the dealings of the Swiss than I have, I led the first delegation ganizations, pursuant to treaties ratified firm Cotecna in this horrible oil-for- to Darfur where genocide is taking pursuant to the advice and consent of the food scandal. place, we went through all those, but Senate, conventions or specific Acts of Con- The United Nations’ regular budget we set up the Gingrich-Mitchell task gress, $1,166,212,000: Provided, That the Sec- force of the bipartisan AEI, Heritage retary of State shall, at the time of the sub- is nearly $2 billion per year. Of that mission of the President’s budget to Con- amount, the U.S. regularly contributes and all the groups like that, they have gress under section 1105(a) of title 31, United 22 percent. The underlying bill ear- now come up with recommendations States Code, transmit to the Committees on marks $440 million for the next year’s that will embolden the administration Appropriations of the Senate and of the U.N. budget, and even after, even after and this Congress to make sure that House of Representatives the most recent bi- a $218 million reduction in dues, the the reform is done. ennial budget prepared by the United Na- United States will be the second larg- Also, how can we even be dealing tions for the operations of the United Na- est contributor to the U.N. budget and with this amendment today when the tions: Provided further, That the Secretary of the largest contributor to all other chairman of the Committee on Inter- State shall notify the Committees on Appro- national Relations is bringing his U.N. priations at least 15 days in advance (or in U.N. programs, including peacekeeping an emergency, as far in advance as is prac- missions, voluntary programs and reform bill to the House floor this ticable) of any United Nations action to in- membership organizations. Thursday? The gentleman from Illinois crease funding for any United Nations pro- Mr. Chairman, it is easier to amend (Chairman HYDE), God bless him and gram without identifying an offsetting de- the Constitution of the United States his committee, worked hard to ensure crease elsewhere in the United Nations budg- than the Charter of the United Nations, that reform takes place in the U.N. To et and cause the United Nations budget for yet when we come to this floor at the take this amendment before the Hyde the biennium 2006–2007 to exceed the revised outset of every Congress, we raise our bill comes up is not only putting the United Nations budget level for the biennium cart before the horse, it just does not 2004–2005 of $3,695,480,000: Provided further, right hand and express our allegiance That any payment of arrearages under this to the Constitution of the United make any sense. title shall be directed toward special activi- States. The bill of the gentleman from Illi- ties that are mutually agreed upon by the It is time to restore the proper prior- nois (Chairman HYDE), as the com- United States and the respective inter- ities. There is no clearer message, mittee and Members know, requires

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.013 H15JNPT1 H4506 CONGRESSIONAL RECORD — HOUSE June 15, 2005 that 39 reforms must take place, and the world, but the votes that come in I would also add that there has been the Secretary of State must certify the U.N. General Assembly are the some significant improvements already that these reforms have taken place. votes that come from the mouthpieces in the United Nations’ operations. I So with the Hyde bill and the Gingrich- of dictators, counteracting and would hope we would reject this Mitchell task force today, there will be counterbalancing the mouthpieces of a amendment. reforms, but to just come in now before free people. The CHAIRMAN. The gentleman Mr. HYDE has an opportunity would be We need to have fundamental reform from Arizona (Mr. HAYWORTH) has 30 a mistake. in the United Nations, we need to have seconds remaining. I know what the gentleman is trying a structure that represents the voice of Mr. HAYWORTH. Mr. Chairman, do I to do, because I care desperately about the free people in the world, we need to have the right to close? Darfur. I led the first delegation to have a Free World Caucus formed with- The CHAIRMAN. No. The gentleman Darfur. I have been critical of the U.N., in the United Nations, and the United from Virginia (Mr. WOLF) has the right with the failure to address the issue of States has got to stop funding the kind to close. hunger. We had hunger in 1984 in Ethi- of organizations that oppose our inter- Mr. HAYWORTH. Mr. Chairman, I opia when I was there, hunger 21⁄2 years ests. That is what we are doing here, in yield myself the remaining time. ago, and now hunger again; also there disproportionate share. That is what I thank my colleague from Arizona is a problem with the sexual predators the Hayworth amendment seeks to cor- for his comments. I do not believe that who were U.N. peacekeepers in the rect, and that is why I am supporting his analogy about withholding tax pay- Congo. But all of those issues, every of the Hayworth amendment. ments in protest to the government is one of those issues, are dealt with in Mr. SERRANO. Mr. Chairman, I apt because, Mr. Chairman, our respon- the Gingrich-Mitchell task force that move to strike the last word. sibility first and foremost, yes, even as came out today, and dealt with in the The CHAIRMAN. The gentleman a Member of an international body, is resolution by the gentleman from Illi- from New York is not eligible to strike to make sure that American interests nois (Chairman HYDE) that will come the last word. Pursuant to the order of are protected and, by extension, the in- up either tomorrow or Friday. the House of yesterday, that was re- terests of those in the world who have So I understand what the gentle- served for the subcommittee chairman, been abused, such as the Iraqi people, man’s problems are, but this would not the subcommittee ranking member and such as those innocent, young people in be a good thing to do. So I would ask the full committee ranking member. the Congo who have been sexually as- saulted. And with a corrupt world Members on both sides, as good as the b 1145 gentleman’s intentions are, to just re- body, we have incumbent in this ject this amendment. Mr. SERRANO. I understand that, amendment an obligation to seriously Mr. Chairman, I reserve the balance Mr. Chairman, and with a prior agree- reduce the funding and, by extension, of my time. ment, I do not know if it was mani- might I add, allow others within the Mr. HAYWORTH. Mr. Chairman, I fested through the Chair, the gen- international community to pay their yield myself such time as I may con- tleman from West Virginia (Mr. MOL- fair share. sume. LOHAN) has ceded that position to me I look forward to the bill from the Mr. Chairman, I would simply point for the time being. chairman of the Committee on Inter- out to my friend, the distinguished The CHAIRMAN. The order of the national Relations, but I would ask my subcommittee chair, I appreciate his House of yesterday prevents that re- colleagues to join with me in accept- passion, and I appreciate his pioneering quest. ance of this amendment, because work in terms of what has happened at Mr. SERRANO. Then I will stand cor- enough is enough. Darfur. But this amendment was rected and very quietly sit down. Mr. WOLF. Mr. Chairman, I move to brought to this House in the previous Mr. WOLF. How much time do I have, strike the last word in order to yield to Congress, and again we were told to Mr. Chairman? the gentleman from New York (Mr. wait. The fact is, as constitutional offi- The CHAIRMAN. The gentleman has SERRANO); but before I do, if I could cers, it is incumbent upon us to move 2 minutes remaining. just say one thing. The gentleman from to stop abuses. Mr. WOLF. Mr. Chairman, I yield 1 Illinois (Mr. HYDE) spent a lot of time I would point out that this amend- minute to the gentleman from Arizona on this issue, and when a gentleman ment does not change our funding for (Mr. KOLBE). has worked to the degree that the gen- peacekeeping missions, voluntary pro- Mr. KOLBE. Mr. Chairman, I thank tleman from Illinois (Mr. HYDE) has, he grams and membership organizations. the gentleman for yielding me this ought to have a clear shot at the op- Mr. Chairman, I yield 11⁄2 minutes to time. portunity to pick it up. the gentleman from Iowa (Mr. KING). I rise in opposition to this amend- Secondly, the Gingrich-Mitchell Mr. KING of Iowa. Mr. Chairman, I ment offered by my colleague, the gen- Task Force report has not been wa- thank the gentleman for yielding me tleman from Arizona (Mr. HAYWORTH). tered down. It is tough. And the gen- time. I think I share the frustrations that a tleman from Iowa (Mr. KING) men- Mr. Chairman, I, too, recognize and lot of Members feel about the United tioned democracy. In the Gingrich- appreciate the passion that comes from Nations and some of the reforms, but Mitchell report, there is a whole chap- our chairman, and to sustain that level this is a meat ax approach to it. ter urging the United States to push over a couple of days is an impressive It is ironic that in the next 24 or 48 for the abolition of the Human Rights thing to see. We have watched this hours we are going to be considering on Commission, which Sudan was the United Nations for a lot longer than this floor legislation to reform the chairman of and on, and Libya was on, that. This amendment was on this floor United Nations, and I think that legis- and instead set up a democracy caucus, 2 years ago, and, as I recall, there were lation is the proper approach to this and also have someone in New York 184 votes in support of this, even problem. It requires that certain steps who would be working with the democ- though we were asked to not bring it. be taken and that our United Nations racy. The issue is in front of Americans. representative make sure that those Also, the gentleman from Arizona They understand this. They understand steps are being taken in the United Na- mentioned that we were told to wait. the United Nations needs to have a tions. Cutting off our dues, which is a We did wait. He voted for the bill last strong, strong message from Congress legal responsibility, an agreement that year that set up the Gingrich-Mitchell to reform. we enter into with the United Nations, Task Force, and that is what we have This is simply something that recog- that each country does, to pay its done. So nobody told the gentleman to nizes a flaw. We recognize a flaw in the share of the dues would be a little bit wait. We acted based on something, fundamental structure of the United like my saying, well, I am for tax re- and I would have acted whether we told Nations. The flaw is that the people in form so, in the meantime, I am not the gentleman to act or not because I this country believe that they are pay- going to pay my taxes. I think we have had concerns. I saw the suffering in ing for a democratic organization that an obligation to pay our dues to the Darfur, I know all about that; I have represents the voice of the people of United Nations and pursue the reforms. been to the Congo and saw it, but do

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.043 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4507 not cut the gentleman from Illinois fered and, hopefully, defeated on behalf to foreign manufacturers and suppliers: Pro- (Mr. HYDE) out. I urge a ‘‘no’’ vote. of the gentleman from Illinois (Mr. vided further, That none of the funds made Mr. Chairman, I yield to the gen- HYDE) and others, will put pressure on. available under this heading are available to pay the United States share of the cost of tleman from New York (Mr. SERRANO). I think the U.N. will have an obligation Mr. SERRANO. Mr. Chairman, I also court monitoring that is part of any United to adopt the Gingrich-Mitchell rec- Nations peacekeeping mission. rise in opposition to the amendment. I ommendations and, also, the adminis- INTERNATIONAL COMMISSIONS think that as our country asks other tration will have an opportunity, but nations throughout the world to join us For necessary expenses, not otherwise pro- also an obligation to do that, because vided for, to meet obligations of the United in the fight against terrorism, we the U.N. has failed. It failed in Darfur, States arising under treaties, or specific should be trying in every way possible it failed in Rwanda, it failed in Acts of Congress, as follows: to bring people closer to us, not to sep- Srebrenic, and it failed in Sarajevo. INTERNATIONAL BOUNDARY AND WATER arate ourselves. Hopefully, this amendment will fail, COMMISSION, UNITED STATES AND MEXICO Now, granted, there are many people and the gentleman from Illinois (Mr. For necessary expenses for the United here, and many people throughout the HYDE) will have an opportunity to have States Section of the International Bound- diplomatic world, that have problems his bill and voted on tomorrow. ary and Water Commission, United States and concerns about the way the U.N. is Mr. Chairman, I yield back the bal- and Mexico, and to comply with laws appli- cable to the United States Section, including functioning right now; but it is still ance of my time. better to be a very active member of not to exceed $6,000 for representation; as The CHAIRMAN. All time has ex- follows: the U.N. rather than in opposition to pired. the U.N. SALARIES AND EXPENSES The question is on the amendment For salaries and expenses, not otherwise The U.N. is still the only body on offered by the gentleman from Arizona Earth capable of dealing with so many provided for, $27,000,000. (Mr. HAYWORTH). CONSTRUCTION of these issues. And rather than run The question was taken; and the them out of town, rather than continue For detailed plan preparation and con- Chairman announced that the noes ap- struction of authorized projects, $5,300,000, to to put ourselves in arrears, which we, peared to have it. remain available until expended, as author- under the leadership of the gentleman Mr. HAYWORTH. Mr. Chairman, I de- ized. from Virginia (Chairman WOLF), ac- mand a recorded vote. AMERICAN SECTIONS, INTERNATIONAL complished recently, to take our coun- The CHAIRMAN. Pursuant to clause COMMISSIONS try out of arrears at the U.N. in terms 6 of rule XVIII, further proceedings on For necessary expenses, not otherwise pro- of our dues, this would put us right the amendment offered by the gen- vided, for the International Joint Commis- back in; and I just think it is the wrong tleman from Arizona (Mr. HAYWORTH) sion and the International Boundary Com- message. will be postponed. mission, United States and Canada, as au- thorized by treaties between the United Are there problems? Yes. Should we The CHAIRMAN. The Clerk will read. address them? Absolutely. Should we States and Canada or Great Britain, and for The Clerk read as follows: the Border Environment Cooperation Com- demand reform? Absolutely. But we do CONTRIBUTIONS FOR INTERNATIONAL mission as authorized by Public Law 103–182, not demand reform by withdrawing, PEACEKEEPING ACTIVITIES $9,500,000, of which not to exceed $9,000 shall but rather by staying involved. For necessary expenses to pay assessed and be available for representation expenses in- Mr. HAYWORTH. Mr. Chairman, will other expenses of international peacekeeping curred by the International Joint Commis- the gentleman yield? activities directed to the maintenance or sion. Mr. WOLF. I yield to the gentleman restoration of international peace and secu- INTERNATIONAL FISHERIES COMMISSIONS from Arizona. rity, $1,035,500,000, of which 15 percent shall For necessary expenses for international Mr. HAYWORTH. Mr. Chairman, I remain available until September 30, 2007: fisheries commissions, not otherwise pro- thank my friend, the gentleman from Provided, That none of the funds made avail- vided for, as authorized by law, $22,000,000: Virginia, the subcommittee chairman. able under this Act shall be obligated or ex- Provided, That the United States’ share of I welcome the remarks of my friend pended for any new or expanded United Na- such expenses may be advanced to the re- from New York because, Mr. Chairman, tions peacekeeping mission unless, at least spective commissions pursuant to 31 U.S.C. 15 days in advance of voting for the new or it gives me an opportunity to clear up 3324. expanded mission in the United Nations Se- OTHER any misconception about this amend- curity Council (or in an emergency as far in PAYMENT TO THE ASIA FOUNDATION ment. This does not withdraw United advance as is practicable): (1) the Commit- For a grant to the Asia Foundation, as au- States participation from the United tees on Appropriations of the House of Rep- thorized by the Asia Foundation Act (22 resentatives and the Senate and other appro- Nations, nor does it change our funding U.S.C. 4402), $10,000,000, to remain available priate committees of the Congress are noti- for peacekeeping missions, voluntary until expended, as authorized. programs, and membership organiza- fied of the estimated cost and length of the mission, the vital national interest that will EISENHOWER EXCHANGE FELLOWSHIP PROGRAM tions. For necessary expenses of Eisenhower Ex- What we are saying, and what duly be served, and the planned exit strategy; (2) the Committees on Appropriations of the change Fellowships, Incorporated, as author- elected, constitutional officers here in House of Representatives and the Senate and ized by sections 4 and 5 of the Eisenhower the people’s House will say with pas- other appropriate committees of the Con- Exchange Fellowship Act of 1990 (20 U.S.C. sage of this amendment, is that in gress are notified that the United Nations 5204–5205), all interest and earnings accruing terms of the regular framework of has taken appropriate measures to prevent to the Eisenhower Exchange Fellowship Pro- budgeting for the United Nations, a United Nations employees, contractor per- gram Trust Fund on or before September 30, process that my colleagues admit is sonnel, and peacekeeping forces serving in 2006, to remain available until expended: Pro- any United Nations peacekeeping mission vided, That none of the funds appropriated horribly flawed, we will reduce that herein shall be used to pay any salary or funding by one-half and invite others from trafficking in persons, exploiting vic- tims of trafficking, or committing acts of il- other compensation, or to enter into any in the international community to legal sexual exploitation, and to hold ac- contract providing for the payment thereof, come forward and pay their fair share. countable any such individuals who engage in excess of the rate authorized by 5 U.S.C. My friend from Virginia has been in any such acts while participating in the 5376; or for purposes which are not in accord- very gracious with the time, and I peacekeeping mission; and (3) a reprogram- ance with OMB Circulars A–110 (Uniform Ad- thank him. ming of funds pursuant to section 605 of this ministrative Requirements) and A–122 (Cost Mr. WOLF. Mr. Chairman, how much Act is submitted, and the procedures therein Principles for Non-profit Organizations), in- time remains? followed, setting forth the source of funds cluding the restrictions on compensation for The CHAIRMAN. The gentleman that will be used to pay for the cost of the personal services. ISRAELI ARAB SCHOLARSHIP PROGRAM from Virginia (Mr. WOLF) has 1 minute new or expanded mission: Provided further, remaining under the order of the House That funds shall be available for peace- For necessary expenses of the Israeli Arab keeping expenses only upon a certification Scholarship Program as authorized by sec- yesterday, and 1 minute remaining by the Secretary of State to the appropriate tion 214 of the Foreign Relations Authoriza- under the 5-minute rule. committees of the Congress that American tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. Mr. WOLF. Mr. Chairman, I yield manufacturers and suppliers are being given 2452), all interest and earnings accruing to myself such time as I may consume. opportunities to provide equipment, services, the Israeli Arab Scholarship Fund on or be- I appreciate the gentleman offering and material for United Nations peace- fore September 30, 2006, to remain available the amendment. The fact that it is of- keeping activities equal to those being given until expended.

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EAST-WEST CENTER tion or expenditure except in compliance (2) supports efforts to identify unknown To enable the Secretary of State to provide with the procedures set forth in that section. victims through forensic analysis, including for carrying out the provisions of the Center SEC. 403. None of the funds made available DNA testing, conducted by independent, im- for Cultural and Technical Interchange Be- in this Act may be used by the Department partial experts who are sensitive to the spe- tween East and West Act of 1960, by grant to of State or the Broadcasting Board of Gov- cial needs and concerns of the victims’ fami- the Center for Cultural and Technical Inter- ernors to provide equipment, technical sup- lies, as well as efforts to make these services change Between East and West in the State port, consulting services, or any other form available to any families who have doubts of Hawaii, $6,000,000: Provided, That none of of assistance to the Palestinian Broadcasting about the results of prior forensic testing. the funds appropriated herein shall be used Corporation. Mr. WOLF. Mr. Chairman, I reserve a to pay any salary, or enter into any contract SEC. 404. (a) The Senior Policy Operating point of order on the gentleman’s Group on Trafficking in Persons, established providing for the payment thereof, in excess amendment. of the rate authorized by 5 U.S.C. 5376. under section 406 of division B of Public Law 108–7 to coordinate agency activities regard- The CHAIRMAN. The gentleman NATIONAL ENDOWMENT FOR DEMOCRACY ing policies (including grants and grant poli- from Virginia reserves a point of order. For grants made by the Department of cies) involving the international trafficking The gentleman from Texas (Mr. State to the National Endowment for De- in persons, shall coordinate all such policies REYES) is recognized for 5 minutes. mocracy as authorized by the National En- related to the activities of traffickers and Mr. REYES. Mr. Chairman, I yield dowment for Democracy Act, $50,000,000, to victims of severe forms of trafficking. myself such time as I may consume. remain available until expended. (b) None of the funds provided in this or Mr. Chairman, my amendment ad- RELATED AGENCY any other Act shall be expended to perform dresses the abduction and murder of BROADCASTING BOARD OF GOVERNORS functions that duplicate coordinating re- more than 370 young women in Ciudad INTERNATIONAL BROADCASTING OPERATIONS sponsibilities of the Operating Group. Juarez and Chihuahua, Mexico. That is (c) The Operating Group shall continue to For expenses necessary to enable the report only to the authorities that appointed the community right across from my Broadcasting Board of Governors, as author- them pursuant to section 406 of division B of congressional district of El Paso, ized, to carry out international communica- Public Law 108–7. Texas. tion activities, including the purchase, in- SEC. 405. Any funds provided in this Act Specifically, my amendment urges stallation, rent, and improvement of facili- under ‘‘Department of State’’ used to imple- the State Department to assist Mexi- ties for radio and television transmission ment E-Government Initiatives shall be sub- and reception to Cuba, and to make and su- can authorities in identifying several ject to the procedures set forth in section 605 pervise grants for radio and television broad- unidentified victims through forensic of this Act. casting to the Middle East, $620,000,000: Pro- analysis and other scientific assist- SEC. 406. (a) Subsection (f) of section 36 of vided, That of the total amount in this head- the State Department Basic Authorities Act ance; and this would include also to ing, not to exceed $16,000 may be used for of- of 1956 (22 U.S.C. 2708(f)) is amended— put this subject into the bilateral agen- ficial receptions within the United States as (1) by striking ‘‘(f) INELIGIBILITY.—An offi- da, which is a discussion between both authorized, not to exceed $35,000 may be used cer’’ and inserting the following: administrations on a yearly basis. for representation abroad as authorized, and ‘‘(f) INELIGIBILITY.— Throughout my time in Congress, I not to exceed $39,000 may be used for official ‘‘(1) IN GENERAL.—Except as provided in reception and representation expenses of have personally asked our Federal and paragraph (2), an officer’’; and Radio Free Europe/Radio Liberty; and in ad- local law enforcement agencies in El (2) by adding at the end the following new dition, notwithstanding any other provision Paso to offer any assistance that they paragraph: of law, not to exceed $2,000,000 in receipts can legally provide, and they have ‘‘(2) EXCEPTION IN CERTAIN CIR- from advertising and revenue from business made and are making very good efforts CUMSTANCES.—The Secretary may pay a re- ventures, not to exceed $500,000 in receipts ward to an officer or employee of a foreign to help their counterparts on the Mexi- from cooperating international organiza- government (or any entity thereof) who, can side. Also, for years I have called tions, and not to exceed $1,000,000 in receipts while in the performance of his or her offi- on the Mexican Government to bring from privatization efforts of the Voice of cial duties, furnishes information described America and the International Broadcasting an honest and intensive investigative in such subsection, if the Secretary deter- Bureau, to remain available until expended effort to bear on this issue so that it mines that such payment satisfies the fol- for carrying out authorized purposes. can solve these horrific crimes and do lowing conditions: more to prevent future tragedies, BROADCASTING CAPITAL IMPROVEMENTS ‘‘(A) Such payment is appropriate in light For the purchase, rent, construction, and of the exceptional or high-profile nature of which also, by the way, Mr. Chairman, improvement of facilities for radio and tele- the information furnished pursuant to such included a conversation with President vision transmission and reception, and pur- subsection. Fox in Mexico City on this very issue. chase and installation of necessary equip- ‘‘(B) Such payment may aid in furnishing In 2003, I joined several of my con- ment for radio and television transmission further information described in such sub- gressional colleagues on a delegation and reception as authorized, $10,893,000, to re- section. to Juarez to meet with the families of main available until expended, as author- ‘‘(C) Such payment is formally requested these victims and to increase aware- ized. by such agency.’’. ness on this important matter. Some of GENERAL PROVISIONS—DEPARTMENT OF STATE (b) Subsection (b) of such section (22 U.S.C. the most poignant testimony we heard AND RELATED AGENCY 2708(b)) is amended in the matter preceding paragraph (1) by inserting ‘‘or to an officer was from families who have been un- SEC. 401. Funds appropriated under this or employee of a foreign government in ac- able to confirm whether their loved title shall be available, except as otherwise ones and their remains have been found provided, for allowances and differentials as cordance with subsection (f)(2)’’ after ‘‘indi- authorized by subchapter 59 of title 5, United vidual’’. or whether they are still missing. States Code; for services as authorized by 5 AMENDMENT OFFERED BY MR. REYES As I have done in the past several U.S.C. 3109; and for hire of passenger trans- Mr. REYES. Mr. Chairman, I offer an years, this past weekend I raised this portation pursuant to 31 U.S.C. 1343(b). amendment. issue at the Inter-Parliamentary Group SEC. 402. Not to exceed 5 percent of any ap- The CHAIRMAN. The Clerk will des- meeting in Rhode Island where several propriation made available for the current ignate the amendment. of my colleagues in Congress and our fiscal year for the Department of State in The text of the amendment is as fol- counterparts from the Mexican legisla- this Act may be transferred between such ap- ture came together to discuss signifi- propriations, but no such appropriation, ex- lows: cant issues that affect both the United cept as otherwise specifically provided, shall Amendment offered by Mr. REYES: be increased by more than 10 percent by any Page 75, after line 22, insert the following States and Mexico. such transfers: Provided, That not to exceed new section: This is an issue that has long been of 5 percent of any appropriation made avail- SEC. 407. Congress— particular concern to me and to all of able for the current fiscal year for the Broad- (1) urges the President and Secretary of my constituents in El Paso because, casting Board of Governors in this Act may State to incorporate the investigative and along with Juarez, our two cities form be transferred between such appropriations, preventative efforts of the Government of the largest border community in the but no such appropriation, except as other- Mexico in the bilateral agenda between the world. Our cultures, our economies wise specifically provided, shall be increased Governments of Mexico and the United and, most importantly, our families by more than 10 percent by any such trans- States and to continue to express concern to fers: Provided further, That any transfer pur- the Government of Mexico over the abduc- are inseparably tied to each other in suant to this section shall be treated as a re- tions and murders of more than 370 young this region of the world. When they programming of funds under section 605 of women since 1993 in the Mexican cities of need help, especially with something as this Act and shall not be available for obliga- Ciudad Juarez and Chihuahua; and horrific as murders that have taken

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.008 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4509 place there, we need to step up and pro- The CHAIRMAN. The gentleman will many individuals, including many vide assistance, as all good neighbors state his point of order. members of the New York City Police often do. This amendment would pro- Mr. WOLF. Mr. Chairman, I make a Department and other law enforcement vide Mexican authorities with addi- point of order against the amendment officials. tional assistance necessary to solve because it proposes to change existing And what we wanted to do in an these crimes. law and constitutes legislation in an amendment, Mr. Chairman, is basically I strongly urge my colleagues to join appropriation bill, and therefore it vio- get the truth out to the people of Cuba. me in this effort to assist Mexican au- lates clause 2 of rule XXI. Our effort would be to disseminate thorities in identifying these victims The CHAIRMAN. Does any Member through the United States Interest and to put the perpetrators on the road wish to be heard on the point of order? Section in Havana, and next week we to the penitentiary and to prevent vio- If not, the Chair is prepared to rule. are meeting with folks from Radio and lent acts against women of Juarez and The amendment proposes to express a TV Marti to tell the people of Cuba Chihuahua. I want to thank the chair- legislative sentiment. As such, the just the truth, just about transparency, man and the ranking member for giv- amendment constitutes legislation in that people like Joanne Chesimard has ing me the opportunity to offer this violation of clause 2 of rule XXI. The a $1 million bounty on her head, and amendment. point of order is sustained, and the that if returned to the United States, Mr. Chairman, my amendment addresses amendment is not in order. she would pay for her crime, and that the abduction and murder of more than 370 Mr. WOLF. Mr. Chairman, I move to anybody basically participating in young women in Ciudad Jua´rez and Chi- strike the last word. I yield to the gen- bringing this woman back to justice as huahua, Mexico, near my congressional dis- tleman from New York (Mr. FOSSELLA). she rightly deserves will be the recipi- trict of El Paso, Texas. Specifically, my (Mr. FOSSELLA asked and was given ent of a million dollars. amendment would urge the State Department permission to revise and extend his re- So I would ask you, Mr. Chairman, in to assist Mexican authorities in identifying sev- marks.) ways to just get that truth out for the eral unidentified victims through forensic anal- Mr. FOSSELLA. Mr. Chairman, this legacy of those who have suffered at ysis and to include the topic in our bilateral is a list put out by the Federal Bureau the hands of so many of these fugitives agenda with Mexico. of Investigation. It lists the 74 United or convicted felons, murderers, that Throughout my time in Congress, I have States citizens convicted of felonious the people of Cuba just be told the personally asked our federal law enforcement crimes in the United States who are truth. And we have the opportunity to agencies in El Paso to offer any assistance currently living in Cuba under the pro- do so through the Interest Section in they can legally provide, and they have made tection of the Castro regime. This list Havana as well as Radio and TV Marti. and are making good faith efforts to help their reads like a litany of the worst of the Mr. WOLF. Mr. Chairman, I thank counterparts on the Mexican side. Also, for worst, hijacking an aircraft, piracy; years I have called on the Mexican govern- the gentleman from New York (Mr. and, of course, the highlight to me and FOSSELLA) for bringing this up. We will ment to bring an honest and intensive inves- the most regrettable is a woman by the tigative effort to bear to solve these horrific work with him and see what we can do name of Joanne Chesimard, who mur- to help. crimes and to do more to prevent future trage- dered in cold blood a New Jersey State dies. The CHAIRMAN. The Clerk will read. Trooper and has been on the lam and The Clerk read as follows: In 2003, I joined several of my congres- really in the sanctuary of Cuba. sional colleagues on a delegation to Jua´rez to This title may be cited as the ‘‘Department There are those in this body, I know, of State and Related Agency Appropriations meet with the families of the victims and in- who take different sides on how we deal crease awareness on this important matter. Act, 2006’’. with Cuba, whether it is trade or trav- TITLE V—RELATED AGENCIES Some of the most poignant testimony we el. This has nothing to do with any of ANTITRUST MODERNIZATION COMMISSION heard was from families who have been un- those, in my opinion. able to confirm whether their loved ones’ re- We know that Cuba has been a haven SALARIES AND EXPENSES mains had been found or if they were still and a sanctuary for terrorists. We For necessary expenses of the Antitrust missing. know that people like Joanne Modernization Commission, as authorized by As I have done in the past several years, Public Law 107–273, $1,172,000, to remain Chesimard are living comfortably, this past weekend I raised this issue at the available until expended. while the family of that New Jersey Inter-Parliamentary Group where several of COMMISSION FOR THE PRESERVATION OF State Trooper who was murdered two my colleagues in Congress and our counter- AMERICA’S HERITAGE ABROAD decades ago, three decades ago I should parts in the Mexican legislature came together SALARIES AND EXPENSES say, are still living with the agony and to discuss significant issues that affect both the pain of losing their loved one. For expenses for the Commission for the the U.S. and Mexico. We know that people like Guillermo Preservation of America’s Heritage Abroad, This issue has long been of particular con- $499,000, as authorized by section 1303 of Pub- Morales, who was part of the FILN who cern to me and my constituents in El Paso be- lic Law 99–83. terrorized this country for many years, cause along with Jua´rez, our two cities form COMMISSION ON CIVIL RIGHTS is living in Cuba. This is a story from the largest border community in the world. Our the Washington Post a couple of years SALARIES AND EXPENSES cultures, economies, and most importantly, our ago. Guillermo Morales is a fugitive on For necessary expenses of the Commission families, are inseparably tied to each other. the run from the FBI, but at this par- on Civil Rights, including hire of passenger When they need help, especially with some- motor vehicles, $9,096,000: Provided, That ticular moment he is sipping a cap- thing as horrific as the murders that have none of the funds appropriated in this para- puccino in a chic hotel lobby in Ha- taken place there, we need to step up to the graph shall be used to employ in excess of vana. plate and provide assistance, as all good four full-time individuals under Schedule C Nine and a half of his fingers are neighbors do. This amendment would provide of the Excepted Service exclusive of one spe- gone, blown to bits by a bomb he was cial assistant for each Commissioner: Pro- Mexican authorities with additional assistance making in New York in 1978, but he vided further, That none of the funds appro- necessary to solve these crimes. priated in this paragraph shall be used to re- I strongly urge my colleagues to join me in manages to open a packet of sugar and stir it into his coffee. On the lam for 23 imburse Commissioners for more than 75 this effort to assist Mexican authorities in iden- billable days, with the exception of the years, he has cleverly learned how to tifying the victims of these murders, put the chairperson, who is permitted 125 billable perpetrators behind bars, and prevent violent live with what remains of his hands days. and his life. acts against the women of Jua´rez and Chi- COMMISSION ON INTERNATIONAL RELIGIOUS The convicted felon was facing 89 huahua. FREEDOM years in prison for illegal possession of Mr. Chairman, I reserve the balance SALARIES AND EXPENSES of my time. firearms when he escaped from a New York hospital in 1979 while under po- For necessary expenses for the United b 1200 States Commission on International Reli- lice custody. gious Freedom, as authorized by title II of POINT OF ORDER Mr. Morales and so many of his co- the International Religious Freedom Act of Mr. WOLF. Mr. Chairman, I make a horts terrorized this country, led to the 1998 (Public Law 105–292), $3,200,000, to re- point of order. demise and permanent maiming of main available until expended.

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COMMISSION ON SECURITY AND COOPERATION IN 3109; hire of passenger motor vehicles; and representation expenses, $888,117,000, to re- EUROPE not to exceed $2,000 for official reception and main available until expended; of which not SALARIES AND EXPENSES representation expenses, $211,000,000, to re- to exceed $10,000 may be used toward funding main available until expended: Provided, a permanent secretariat for the Inter- For necessary expenses of the Commission That not to exceed $300,000 shall be available national Organization of Securities Commis- on Security and Cooperation in Europe, as for use to contract with a person or persons sions; and of which not to exceed $100,000 authorized by Public Law 94–304, $2,030,000, to for collection services in accordance with shall be available for expenses for consulta- remain available until expended as author- the terms of 31 U.S.C. 3718: Provided further, tions and meetings hosted by the Commis- ized by section 3 of Public Law 99–7. That, notwithstanding any other provision sion with foreign governmental and other CONGRESSIONAL-EXECUTIVE COMMISSION ON of law, not to exceed $116,000,000 of offsetting regulatory officials, members of their dele- THE PEOPLE’S REPUBLIC OF CHINA collections derived from fees collected for gations, appropriate representatives and SALARIES AND EXPENSES premerger notification filings under the staff to exchange views concerning develop- For necessary expenses of the Congres- Hart-Scott-Rodino Antitrust Improvements ments relating to securities matters, devel- sional-Executive Commission on the People’s Act of 1976 (15 U.S.C. 18a), regardless of the opment and implementation of cooperation Republic of China, as authorized, $1,900,000, year of collection, shall be retained and used agreements concerning securities matters including not more than $3,000 for the pur- for necessary expenses in this appropriation: and provision of technical assistance for the pose of official representation, to remain Provided further, That $23,000,000 in offsetting development of foreign securities markets, available until expended. collections derived from fees sufficient to such expenses to include necessary logistic and administrative expenses and the ex- EQUAL EMPLOYMENT OPPORTUNITY implement and enforce the Telemarketing penses of Commission staff and foreign COMMISSION Sales Rule, promulgated under the Tele- phone Consumer Fraud and Abuse Preven- invitees in attendance at such consultations SALARIES AND EXPENSES tion Act (15 U.S.C. 6101 et seq.), shall be cred- and meetings including: (1) such incidental For necessary expenses of the Equal Em- ited to this account, and be retained and expenses as meals taken in the course of ployment Opportunity Commission as au- used for necessary expenses in this appro- such attendance; (2) any travel and transpor- thorized by title VII of the Civil Rights Act priation: Provided further, That the sum here- tation to or from such meetings; and (3) any of 1964 (29 U.S.C. 206(d) and 621–634), the in appropriated from the general fund shall other related lodging or subsistence: Pro- Americans with Disabilities Act of 1990, and be reduced as such offsetting collections are vided, That fees and charges authorized by the Civil Rights Act of 1991, including serv- received during fiscal year 2006, so as to re- sections 6(b) of the Securities Exchange Act ices as authorized by 5 U.S.C. 3109; hire of sult in a final fiscal year 2006 appropriation of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and passenger motor vehicles as authorized by 31 from the general fund estimated at not more 31 of the Securities Exchange Act of 1934 (15 U.S.C. 1343(b); non-monetary awards to pri- than $72,000,000: Provided further, That none U.S.C. 78m(e), 78n(g), and 78ee), shall be cred- vate citizens; and not to exceed $33,000,000 for of the funds made available to the Federal ited to this account as offsetting collections: payments to State and local enforcement Trade Commission may be used to enforce Provided further, That not to exceed agencies for services to the Commission pur- subsection (e) of section 43 of the Federal De- $863,117,000 of such offsetting collections suant to title VII of the Civil Rights Act of posit Insurance Act (12 U.S.C. 1831t) or sec- shall be available until expended for nec- 1964, sections 6 and 14 of the Age Discrimina- tion 151(b)(2) of the Federal Deposit Insur- essary expenses of this account: Provided fur- tion in Employment Act, the Americans ance Corporation Improvement Act of 1991 ther, That $25,000,000 shall be derived from with Disabilities Act of 1990, and the Civil (12 U.S.C. 1831t note). prior year unobligated balances from funds Rights Act of 1991, $331,228,000: Provided, That HELP COMMISSION previously appropriated to the Securities the Commission is authorized to make avail- and Exchange Commission: Provided further, SALARIES AND EXPENSES able for official reception and representation That the total amount appropriated under expenses not to exceed $2,500 from available For necessary expenses of the HELP Com- this heading from the general fund for fiscal funds: Provided further, That the Commission mission, $1,000,000, to remain available until year 2006 shall be reduced as such offsetting may take no action to implement any work- expended. fees are received so as to result in a final force repositioning, restructuring, or reorga- LEGAL SERVICES CORPORATION total fiscal year 2006 appropriation from the nization until such time as the Committees PAYMENT TO THE LEGAL SERVICES general fund estimated at not more than $0. on Appropriations have been notified of such CORPORATION SMALL BUSINESS ADMINISTRATION proposals, in accordance with the reprogram- For payment to the Legal Services Cor- SALARIES AND EXPENSES ming provisions of section 605 of this Act. poration to carry out the purposes of the For necessary expenses, not otherwise pro- FEDERAL COMMUNICATIONS COMMISSION Legal Services Corporation Act of 1974, vided for, of the Small Business Administra- SALARIES AND EXPENSES $330,803,000, of which $313,683,000 is for basic tion as authorized by Public Law 108–447, in- For necessary expenses of the Federal field programs and required independent au- cluding hire of passenger motor vehicles as Communications Commission, as authorized dits; $2,539,000 is for the Office of Inspector authorized by 31 U.S.C. 1343 and 1344, and not by law, including uniforms and allowances General, of which such amounts as may be to exceed $3,500 for official reception and rep- therefor, as authorized by 5 U.S.C. 5901–5902; necessary may be used to conduct additional resentation expenses, $318,029,000: Provided, not to exceed $4,000 for official reception and audits of recipients; $12,826,000 is for manage- That the Administrator is authorized to representation expenses; purchase and hire ment and administration; and $1,755,000 is for charge fees to cover the cost of publications of motor vehicles; special counsel fees; and client self-help and information technology. developed by the Small Business Administra- services as authorized by 5 U.S.C. 3109, ADMINISTRATIVE PROVISION—LEGAL SERVICES tion, and certain loan servicing activities: $289,771,000: Provided, That $288,771,000 of off- CORPORATION Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such setting collections shall be assessed and col- None of the funds appropriated in this Act activities shall be credited to this account, lected pursuant to section 9 of title I of the to the Legal Services Corporation shall be to be available for carrying out these pur- Communications Act of 1934, shall be re- expended for any purpose prohibited or lim- poses without further appropriations: Pro- tained and used for necessary expenses in ited by, or contrary to any of the provisions vided further, That, of the funds made avail- this appropriation, and shall remain avail- of, sections 501, 502, 503, 504, 505, and 506 of able under this heading, $1,000,000 shall be for able until expended: Provided further, That Public Law 105–119, and all funds appro- the National Veterans Business Development the sum herein appropriated shall be reduced priated in this Act to the Legal Services Cor- Corporation: Provided further, That any funds as such offsetting collections are received poration shall be subject to the same terms provided under this heading used to imple- during fiscal year 2006 so as to result in a and conditions set forth in such sections, ex- ment E-Government Initiatives shall be sub- final fiscal year 2006 appropriation estimated cept that all references in sections 502 and ject to the procedures set forth in section 605 at $1,000,000: Provided further, That any off- 503 to 1997 and 1998 shall be deemed to refer of this Act. setting collections received in excess of instead to 2005 and 2006, respectively. $288,771,000 in fiscal year 2006 shall remain OFFICE OF INSPECTOR GENERAL MARINE MAMMAL COMMISSION available until expended, but shall not be For necessary expenses of the Office of In- available for obligation until October 1, 2006: SALARIES AND EXPENSES spector General in carrying out the provi- Provided further, That any funds provided For necessary expenses of the Marine sions of the Inspector General Act of 1978, under this heading used to implement E-Gov- Mammal Commission as authorized by title $13,500,000. ernment Initiatives shall be subject to the II of Public Law 92–522, $1,865,000. SURETY BOND GUARANTEES REVOLVING FUND procedures set forth in section 605 of this SECURITIES AND EXCHANGE COMMISSION For additional capital for the Surety Bond Act. SALARIES AND EXPENSES Guarantees Revolving Fund, authorized by FEDERAL TRADE COMMISSION For necessary expenses for the Securities the Small Business Investment Act, as SALARIES AND EXPENSES and Exchange Commission, including serv- amended, $2,861,000, to remain available until For necessary expenses of the Federal ices as authorized by 5 U.S.C. 3109, the rental expended. Trade Commission, including uniforms or al- of space (to include multiple year leases) in BUSINESS LOANS PROGRAM ACCOUNT lowances therefor, as authorized by 5 U.S.C. the District of Columbia and elsewhere, and For the cost of direct loans, $1,000,000, to 5901–5902; services as authorized by 5 U.S.C. not to exceed $3,000 for official reception and remain available until expended: Provided,

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.014 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4511 That such costs, including the cost of modi- UNITED STATES-CHINA ECONOMIC AND During the first round of awards, the fying such loans, shall be as defined in sec- SECURITY REVIEW COMMISSION New Market Venture Capital program tion 502 of the Congressional Budget Act of SALARIES AND EXPENSES developed a company to serve Appa- 1974: Provided further, That subject to section For necessary expenses of the United lachia, the Central Appalachian region 502 of the Congressional Budget Act of 1974, States-China Economic and Security Review during fiscal year 2006 commitments to guar- of Ohio, Kentucky, Maryland and West Commission, $4,000,000, including not more Virginia, and they invested this first antee loans under section 503 of the Small than $5,000 for the purpose of official rep- Business Investment Act of 1958, shall not resentation, to remain available until ex- round $2.8 million in four companies to exceed $6,000,000,000: Provided further, That pended. help these rural communities. during fiscal year 2006 commitments for gen- UNITED STATES INSTITUTE OF PEACE Mr. Chairman, my amendment would eral business loans authorized under section provide $30 million in debenture guar- 7(a) of the Small Business Act, shall not ex- OPERATING EXPENSES For necessary expenses of the United antees and $5 million for operational ceed $16,500,000,000: Provided further, That assistance grants to fund the creation during fiscal year 2006 commitments to guar- States Institute of Peace as authorized in antee loans for debentures under section the United States Institute of Peace Act, of a fresh round of New Market Ven- 303(b) of the Small Business Investment Act $22,850,000, to remain available until ex- ture Capital companies. And it is paid of 1958, shall not exceed $3,000,000,000: Pro- pended. for by using funds from the Small Busi- vided further, That during fiscal year 2006 Mr. WOLF (during the reading). Mr. ness Administration’s salary and ex- guarantees of trust certificates authorized Chairman, I ask unanimous consent pense account. by section 5(g) of the Small Business Act that the remainder of the bill through Mr. Chairman, I have given you an shall not exceed a principal amount of page 88, line 20 be considered as read example of how we have helped small $12,000,000,000. and printed in the RECORD, and open to rural areas, but I would like to call In addition, for administrative expenses to amendment at any point. your attention to my own community carry out the direct and guaranteed loan The CHAIRMAN. Is there objection in Milwaukee, Wisconsin, which I think programs, $124,961,000, which may be trans- ferred to and merged with the appropriations to the request of the gentleman from bears mentioning. for Salaries and Expenses. Virginia? In 2002, the Bureau of Labor Statis- There was no objection. tics found that 59 percent of African DISASTER LOANS PROGRAM ACCOUNT The CHAIRMAN. Are there any American males in Milwaukee were un- For the cost of direct loans authorized by amendments to this section? employed and out of the workforce. section 7(b) of the Small Business Act, AMENDMENT OFFERED BY MS. MOORE OF Since 1999, the unemployed residents of $79,538,000, to remain available until ex- WISCONSIN any color has increased by 80 percent. pended: Provided, That such costs, including Ms. MOORE of Wisconsin. Mr. Chair- the cost of modifying such loans, shall be as And in the last 5 years we have lost man, I offer an amendment. 33,000 manufacturing jobs. We know, of defined in section 502 of the Congressional The CHAIRMAN. The Clerk will des- Budget Act of 1974. course, that small businesses create 75 ignate the amendment. percent of all new jobs and account for In addition, for administrative expenses to The text of the amendment is as fol- carry out the direct loan program authorized 99 percent of all employers. by section 7(b), of the Small Business Act, lows: Mr. Chairman, I would think that $49,716,000, which may be transferred to and Amendment offered by Ms. MOORE of Wis- this would be a grand bipartisan effort. merged with appropriations for Salaries and consin: I urge my colleagues to support this Expenses, of which $900,000 is for the Office of Page 85, line 6, insert after ‘‘this Act’’ the following: ‘‘: Provided further, That of the amendment. Inspector General of the Small Business Ad- Mr. Chairman, I reserve the balance ministration for audits and reviews of dis- funds made available under this heading, aster loans and the disaster loan program $5,000,000 shall be for operational assistance of my time. and shall be transferred to and merged with grants under Part B of title III of the Small Mr. WOLF. Mr. Chairman, I rise in appropriations for the Office of Inspector Business Investment Act of 1958 (15 U.S.C. 689 opposition to the amendment. General; of which $40,316,000 is for direct ad- et seq.), as authorized by section 368 of such Mr. Chairman, the new markets pro- ministrative expenses of loan making and Act (15 U.S.C. 689q), and $30,000,000 shall be gram was intended to be a pilot project servicing to carry out the direct loan pro- for guarantees of debentures under Part B of from fiscal year 2001 to 2006. There are title III of such Act, as authorized by section gram, to remain available until expended; still funds available for this program. and of which $8,500,000 is for indirect admin- 20 of the Small Business Act (15 U.S.C. 631 note) as amended by section 121 of division K There is no need to provide additional istrative expenses: Provided, That any funds at this time, especially at the ex- amount in excess of $8,500,000 to be trans- of Public Law 108–447’’ ferred to and merged with appropriations for The CHAIRMAN. Pursuant to the pense of terminating over 400 employ- Salaries and Expenses for indirect adminis- order of the House of June 14, the gen- ees at the SBA. This would result in trative expenses shall be treated as a re- tlewoman from Wisconsin (Ms. MOORE) the termination, which would not be programming of funds under section 605 of and a Member opposed each will con- good for anyone. These employees work this Act and shall not be available for obliga- trol 5 minutes. on critical technical assistance and tion or expenditure except in compliance The Chair recognizes the gentle- loan programs at the SBA. with the procedures set forth in that section. woman from Wisconsin (Ms. MOORE). The amendment unnecessarily pro- ADMINISTRATIVE PROVISION—SMALL BUSINESS Ms. MOORE of Wisconsin. Mr. Chair- vides funds for a program that has al- ADMINISTRATION man, I yield myself such time as I may most $2 million left in its budget for Not to exceed 5 percent of any appropria- consume. technical assistance and over $3.1 mil- tion made available for the current fiscal Mr. Chairman, I rise today to offer an lion in loan authority. The program re- year for the Small Business Administration amendment which seeks to restore ceived a one-time funding of $59 mil- in this Act may be transferred between such funding for a program of vital impor- lion in fiscal year 2001 that has still appropriations, but no such appropriation tance to distressed and blighted com- not been entirely spent. shall be increased by more than 10 percent I urge the Members to reject the by any such transfers: Provided, That any munities, both in urban and rural areas transfer pursuant to this paragraph shall be which are being left behind at an as- amendment. Particularly we would not treated as a reprogramming of funds under tounding pace in our global economy. want to cut employees who work on section 605 of this Act and shall not be avail- The New Market Venture Capital programs like small business develop- able for obligation or expenditure except in program really was designed by this ment centers and women’s business compliance with the procedures set forth in House in 2000 for the purpose of making centers. So I understand what the gen- that section. equity investments in small businesses tlewoman from Wisconsin (Ms. MOORE) STATE JUSTICE INSTITUTE that operate in economically distressed is doing, but I would urge that we re- SALARIES AND EXPENSES communities through the creation of ject the amendment. the New Market Venture Capital com- Mr. Chairman, I reserve the balance For necessary expenses of the State Jus- panies. of my time. tice Institute, as authorized by the State Most conventional venture firms, of Ms. MOORE of Wisconsin. Mr. Chair- Justice Institute Authorization Act of 1992 (Public Law 102–572), $2,000,000: Provided, course, are very risk-averse to invest man, I yield myself such time as I may That not to exceed $2,500 shall be available in these economically distressed areas, consume. for official reception and representation ex- and this program was designed to fill Mr. Chairman, I just want to thank penses. that gap in access to capital. the gentleman from Virginia (Mr.

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In addition to the reg- If it is tax information, you have Fed- Also, you know, I do not know where ulations, we also want to address eral taxes, you have State taxes, you the gentleman from Virginia (Mr. health care issues, education issues, re- have local taxes. There is also self-em- WOLF) received his figures about dis- search and development issues, energy ployment tax. There is business insur- placing 400 employees at the SBA. Cer- policy issues, trade policy, tax policy ance, sales tax numbers; and it just tainly, I support the SBA and its func- and lawsuit abuse issues. goes on and on, Mr. Chairman. tions, but we are talking here in this Today, though, I wanted to focus on I just want to tell my colleagues it is amendment about distressed commu- regulations because it drives such a difficult to start businesses here. We nities and not disadvantages bureau- burden and barrier to our economy. have to stop creating barriers and re- crats. First, though, I want to compliment move them so that America can be Mr. Chairman, I would offer to the the gentleman from Virginia (Chair- competitive in the future and so that gentleman from Virginia (Mr. WOLF) man WOLF) and acknowledge what a we can retain our number one stand- that if he were upset about the source great job the gentleman has done on ing. of funding for this amendment, that he this bill to make sure our competitive- Mr. WOLF. Mr. Chairman, I thank would not disparage the wonderful pur- ness is addressed. the gentleman and thank him for his comments. pose of this amendment, but would First of all, the gentleman from Vir- Mr. Chairman, I ask unanimous con- rather seek to work with me to find ginia (Chairman WOLF) placed the Na- tional Science Foundation as a priority sent that the remainder of the bill ways to do this. through page 106, line 22, be considered Surely we have an employment cri- in the tight fiscal year with an in- crease of $44 million above the Presi- as read and printed in the RECORD and sis. This initiative will help distressed open to amendment at any point. communities versus just trying to buoy dent’s request. The report language says America’s The CHAIRMAN. Is there objection up a bureaucracy. Mr. Chairman, I to the request of the gentleman from would ask the gentleman from Virginia advantage in science, math and tech- nology is slipping. Our systems of basic Virginia? (Mr. WOLF) to work with me. scientific research and education are in There was no objection. Mr. Chairman, I yield the balance of The text of the remainder of the bill my time. crisis. While our countries are redou- bling their efforts, the United States through page 106, line 22, is as follows: Mr. WOLF. Mr. Chairman, I yield the TITLE VI—GENERAL PROVISIONS balance of my time also. can remain the world’s technology leader if it makes the commitment to SEC. 601. No part of any appropriation The CHAIRMAN. The question is on contained in this Act shall be used for pub- the amendment offered by the gentle- do so. It also has $3 million for the Inter- licity or propaganda purposes not authorized woman from Wisconsin (Ms. MOORE). by the Congress. national Trade Administration and the The amendment was rejected. SEC. 602. No part of any appropriation The CHAIRMAN. Are there further Department of Commerce for the Office contained in this Act shall remain available amendments to this section of the bill? of China Compliance. And we need to for obligation beyond the current fiscal year unless expressly so provided herein. Mr. WOLF. Mr. Chairman, I move to continue our efforts to make sure that there is no antidumping policies going SEC. 603. The expenditure of any appro- strike the last word. priation under this Act for any consulting I yield to the gentleman from Kansas on through the Chinese Government. service through procurement contract, pur- With this bill we give the agencies (Mr. TIAHRT), a member of the com- suant to 5 U.S.C. 3109, shall be limited to with oversight of our science and tech- mittee. those contracts where such expenditures are Mr. TIAHRT. Mr. Chairman, I want nology policy and trade policy, com- a matter of public record and available for to just take a few minutes to tell you merce and small business development public inspection, except where otherwise the tools to help American employers provided under existing law, or under exist- that I had intended to offer and with- ing Executive order issued pursuant to exist- draw an amendment today. It is brief, improve their competitiveness. Now we need to make sure they follow through ing law. but very important for the future of SEC. 604. If any provision of this Act or the United States. The amendment with policies that reflect Congress’ pri- the application of such provision to any per- would have simply said none of the orities. son or circumstances shall be held invalid, It is my hope that each and every funds made available in this act should the remainder of the Act and the application Federal agency should take into con- of each provision to persons or cir- be used to promulgate regulations sideration the proposed policies on cumstances other than those as to which it without consideration of the effects of competitiveness of U.S. business and be is held invalid shall not be affected thereby. such regulations on the competitive- held accountable for those effects. SEC. 605. (a) None of the funds provided ness of American business. To give you just a small idea how dif- under this Act, or provided under previous The reason this is important is be- appropriations Acts to the agencies funded ficult it is because of regulations to by this Act that remain available for obliga- cause today the American economy is start a business in America, I went to number one in the world, and it is the tion or expenditure in fiscal year 2006, or the Small Business Administration provided from any accounts in the Treasury envy of the world. But there are some Web site, and I just listed some of the of the United States derived by the collec- troubling signs. We have a trade deficit things that they have as what you need tion of fees available to the agencies funded last year of $670 billion. This year’s to consider before you start a business. by this Act, shall be available for obligation Federal deficit is down, but it is still First you need to get a business li- or expenditure through a reprogramming of funds that: (1) creates new programs; (2) over $300 billion. cense; that could be your State, county We have seen high-paying, high-qual- eliminates a program, project, or activity; or city. You should go to their Web (3) increases funds or personnel by any ity jobs move overseas. Now, these site. signs should concern Members of Con- means for any project or activity for which b 1215 funds have been denied or restricted; (4) relo- gress, but should not surprise them, be- cates an office or employees; (5) reorganizes cause over the last generation, legisla- There is then a certificate of occu- or renames offices; (6) reorganizes, programs tion has been passed on the floor of pancy. That is also a city and county or activities; or (7) contracts out or this House that has put our number zoning problem. There is business orga- privatizes any functions or activities pres- one standing in jeopardy and caused us nization, whether you are a sole propri- ently performed by Federal employees; un- to struggle to keep our economy as etor, a partnership, a corporation, or a less the Appropriations Committees of both number one in the world, and clearly it Houses of Congress are notified 15 days in ad- limited liability company. Then you vance of such reprogramming of funds. is in jeopardy. have to register your trade name. (b) None of the funds provided under this Legislation that has become law and Then you have to apply for trade- Act, or provided under previous appropria- then become regulation is forcing this marks, patents, and copyrights. If it is tions Acts to the agencies funded by this Act

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that remain available for obligation or ex- to funding reductions included in this Act SEC. 619. The Departments of Commerce, penditure in fiscal year 2006, or provided shall be absorbed within the total budgetary Justice, and State, the Securities and Ex- from any accounts in the Treasury of the resources available to such department or change Commission and the Small Business United States derived by the collection of agency: Provided, That the authority to Administration shall, not later than two fees available to the agencies funded by this transfer funds between appropriations ac- months after the date of the enactment of Act, shall be available for obligation or ex- counts as may be necessary to carry out this this Act, certify that telecommuting oppor- penditure for activities, programs, or section is provided in addition to authorities tunities have increased over levels certified projects through a reprogramming of funds included elsewhere in this Act: Provided fur- to the Committees on Appropriations for fis- in excess of $500,000 or 10 percent, whichever ther, That use of funds to carry out this sec- cal year 2005: Provided, That, of the total is less, that: (1) augments existing programs, tion shall be treated as a reprogramming of amounts appropriated to the Departments of projects, or activities; (2) reduces by 10 per- funds under section 605 of this Act and shall Commerce, Justice, and State, the Securities cent funding for any existing program, not be available for obligation or expendi- and Exchange Commission and the Small project, or activity, or numbers of personnel ture except in compliance with the proce- Business Administration, $5,000,000 shall be by 10 percent as approved by Congress; or (3) dures set forth in that section. available to each only upon such certifi- results from any general savings, including SEC. 612. None of the funds provided by cation: Provided further, That each Depart- savings from a reduction in personnel, which this Act shall be available to promote the ment or agency shall provide quarterly re- would result in a change in existing pro- sale or export of tobacco or tobacco prod- ports to the Committees on Appropriations grams, activities, or projects as approved by ucts, or to seek the reduction or removal by on the status of telecommuting programs, Congress; unless the Appropriations Commit- any foreign country of restrictions on the including the number and percentage of Fed- marketing of tobacco or tobacco products, tees of both Houses of Congress are notified eral employees eligible for, and participating except for restrictions which are not applied in, such programs: Provided further, That 15 days in advance of such reprogramming of equally to all tobacco or tobacco products of each Department or agency shall maintain a funds. the same type. ‘‘Telework Coordinator’’ to be responsible SEC. 606. None of the funds made avail- SEC. 613. (a) None of the funds appro- able in this Act may be used to implement, for overseeing the implementation and oper- priated or otherwise made available by this ations of telecommuting programs, and serve administer, or enforce any guidelines of the Act shall be expended for any purpose for as a point of contact on such programs for Equal Employment Opportunity Commission which appropriations are prohibited by sec- the Committees on Appropriations. covering harassment based on religion, when tion 616 of the Departments of Commerce, SEC. 620. The National Aeronautics and it is made known to the Federal entity or of- Justice, and State, the Judiciary, and Re- Space Administration and the National ficial to which such funds are made available lated Agencies Appropriations Act, 1999. Science Foundation shall, not later than two that such guidelines do not differ in any re- (b) The requirements in subsections (b) months after the date of the enactment of spect from the proposed guidelines published and (c) of section 616 of that Act shall con- this Act, certify that telecommuting oppor- by the Commission on October 1, 1993 (58 tinue to apply during fiscal year 2006. tunities are made available to 100 percent of Fed. Reg. 51266). SEC. 614. None of the funds appropriated the eligible workforce: Provided, That, of the SEC. 607. If it has been finally determined pursuant to this Act or any other provision total amounts appropriated to the National by a court or Federal agency that any person of law may be used for— Aeronautics and Space Administration and intentionally affixed a label bearing a ‘‘Made (1) the implementation of any tax or fee the National Science Foundation, $5,000,000 in America’’ inscription, or any inscription in connection with the implementation of shall be available to each agency only upon with the same meaning, to any product sold subsection 922(t) of title 18, United States such certification: Provided further, That in or shipped to the United States that is not Code; and both agencies shall provide quarterly reports made in the United States, the person shall (2) any system to implement subsection to the Committees on Appropriations on the be ineligible to receive any contract or sub- 922(t) of title 18, United States Code, that status of telecommuting programs, including contract made with funds made available in does not require and result in the destruc- the number of Federal employees eligible this Act, pursuant to the debarment, suspen- tion of any identifying information sub- for, and participating in, such programs: Pro- sion, and ineligibility procedures described mitted by or on behalf of any person who has vided further, That both agencies shall des- in sections 9.400 through 9.409 of title 48, been determined not to be prohibited from ignate a ‘‘Telework Coordinator’’ to be re- Code of Federal Regulations. possessing or receiving a firearm no more sponsible for overseeing the implementation SEC. 608. None of the funds made avail- than 24 hours after the system advises a Fed- and operations of telecommuting programs, able by this Act may be used for any United eral firearms licensee that possession or re- and serve as a point of contact on such pro- Nations undertaking when it is made known ceipt of a firearm by the prospective trans- grams for the Committees on Appropria- to the Federal official having authority to feree would not violate subsection (g) or (n) tions. SEC. 621. (a) Tracing studies conducted by obligate or expend such funds that: (1) the of section 922 of title 18, United States Code, the Bureau of Alcohol, Tobacco, Firearms United Nations undertaking is a peace- or State law. and Explosives are released without ade- keeping mission; (2) such undertaking will SEC. 615. None of the funds made avail- involve United States Armed Forces under able in this Act may be used to pay the sala- quate disclaimers regarding the limitations the command or operational control of a for- ries and expenses of personnel of the Depart- of the data. (b) The Bureau of Alcohol, Tobacco, Fire- eign national; and (3) the President’s mili- ment of Justice to obligate more than arms and Explosives shall include in all such tary advisors have not submitted to the $625,000,000 during fiscal year 2006 from the data releases, language similar to the fol- President a recommendation that such in- Fund established by section 1402 of chapter lowing that would make clear that trace volvement is in the national security inter- XIV of title II of Public Law 98–473 (42 U.S.C. data cannot be used to draw broad conclu- ests of the United States and the President 10601). sions about firearms-related crime: has not submitted to the Congress such a SEC. 616. None of the funds made avail- recommendation. able to the Department of Justice in this Act (1) Firearm traces are designed to assist SEC. 609. The Departments of Commerce, may be used to discriminate against or deni- law enforcement authorities in conducting Justice, and State, the National Science grate the religious or moral beliefs of stu- investigations by tracking the sale and pos- Foundation, the National Aeronautics and dents who participate in programs for which session of specific firearms. Law enforce- Space Administration, the Federal Commu- financial assistance is provided from those ment agencies may request firearms traces nications Commission, the Securities and funds, or of the parents or legal guardians of for any reason, and those reasons are not Exchange Commission and the Small Busi- such students. necessarily reported to the Federal Govern- ness Administration shall provide to the SEC. 617. None of the funds appropriated ment. Not all firearms used in crime are Committees on Appropriations of the Senate or otherwise made available to the Depart- traced and not all firearms traced are used in and of the House of Representatives a quar- ment of State shall be available for the pur- crime. terly accounting of the cumulative balances pose of granting either immigrant or non- (2) Firearms selected for tracing are not of any unobligated funds that were received immigrant visas, or both, consistent with chosen for purposes of determining which by such agency during any previous fiscal the determination of the Secretary of State types, makes or models of firearms are used year. under section 243(d) of the Immigration and for illicit purposes. The firearms selected do SEC. 610. (a) None of the funds appro- Nationality Act, to citizens, subjects, na- not constitute a random sample and should priated or otherwise made available by this tionals, or residents of countries that the not be considered representative of the larg- Act shall be expended for any purpose for Secretary of Homeland Security has deter- er universe of all firearms used by criminals, which appropriations are prohibited by sec- mined deny or unreasonably delay accepting or any subset of that universe. Firearms are tion 609 of the Departments of Commerce, the return of citizens, subjects, nationals, or normally traced to the first retail seller, and Justice, and State, the Judiciary, and Re- residents under that section. sources reported for firearms traced do not lated Agencies Appropriations Act, 1999. SEC. 618. None of the funds made avail- necessarily represent the sources or methods (b) The requirements in subparagraphs able in this Act may be transferred to any by which firearms in general are acquired for (A) and (B) of section 609 of that Act shall department, agency, or instrumentality of use in crime. continue to apply during fiscal year 2006. the United States Government, except pursu- SEC. 622. None of the funds made avail- SEC. 611. Any costs incurred by a depart- ant to a transfer made by, or transfer au- able in this Act may be used in violation of ment or agency funded under this Act result- thority provided in, this Act or any other ap- section 212(a)(10)(C) of the Immigration and ing from personnel actions taken in response propriation Act. Nationality Act.

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SEC. 623. None of the funds appropriated SEC. 631. (a) IN GENERAL.—The President (1) does not exempt an exporter from fil- or otherwise made available under this Act of the United States through his designee ing any Shipper’s Export Declaration or no- may be used to issue patents on claims di- the Administrator of the National Aero- tification letter required by law, or from rected to or encompassing a human orga- nautics and Space Administration and in being otherwise eligible under the laws of nism. consultation with other Federal agencies the United States to possess, ship, transport, SEC. 624. None of the funds made avail- shall develop a national aeronautics policy or export the articles enumerated in sub- able in this Act may be used to pay expenses to guide the aeronautics programs of the Ad- section (a); and for any United States delegation to any spe- ministration through 2020. (2) does not permit the export without a cialized agency, body, or commission of the (b) CONTENT.—At a minimum, the na- license of— United Nations if such commission is chaired tional aeronautics policy shall describe— (A) fully automatic firearms and compo- or presided over by a country, the govern- (1) the priority areas of research for aero- nents and parts for such firearms, other than ment of which the Secretary of State has de- nautics through fiscal year 2011; for end use by the Federal Government, or a termined, for purposes of section 6(j)(1) of (2) the basis on which and the process by Provincial or Municipal Government of Can- the Export Administration Act of 1979 (50 which priorities for ensuing fiscal years will ada, or U.S.C. App. 2405(j)(1)), has provided support be selected; (B) barrels, cylinders, receivers (frames) for acts of international terrorism. (3) the facilities and personnel needed to or complete breech mechanisms for any fire- SEC. 625. (a) Except as provided in sub- carry out the program through fiscal year arm listed in Category I, other than for end section (b), a project to construct a diplo- 2011; and use by the Federal Government, or a Provin- matic facility of the United States may not (4) the budget assumptions on which the cial or Municipal Government of Canada; or include office space or other accommoda- national aeronautics policy is based. (C) articles for export from Canada to an- tions for an employee of a Federal agency or (c) CONSIDERATIONS.—In developing the other foreign destination. department if the Secretary of State deter- national aeronautics policy, the Adminis- (c) In accordance with this section, the mines that such department or agency has trator shall consider the following questions, District Directors of Customs and post- not provided to the Department of State the which shall be discussed in the policy state- masters shall permit the permanent or tem- full amount of funding required by sub- ment— porary export without a license of any un- section (e) of section 604 of the Secure Em- (1) the extent to which NASA should classified articles specified in subsection (a) bassy Construction and Counterterrorism focus on long-term, high-risk research or to Canada for end use in Canada or return to Act of 1999 (as enacted into law by section more incremental research or both and the the United States, or temporary import of 1000(a)(7) of Public Law 106–113 and contained expected impact on the U.S. aircraft and air- Canadian-origin items from Canada for end in appendix G of that Act; 113 Stat. 1501A– line industries of those decisions; use in the United States or return to Canada 453), as amended by section 629 of the Depart- (2) the extent to which NASA should ad- ments of Commerce, Justice, and State, the for a Canadian citizen. dress military and commercial needs; (d) The President may require export li- Judiciary, and Related Agencies Appropria- (3) how NASA will coordinate its aero- tions Act, 2005. censes under this section on a temporary nautics program with other Federal agen- basis if the President determines, upon pub- (b) Notwithstanding the prohibition in cies; and subsection (a), a project to construct a diplo- lication first in the Federal Register, that (4) the extent to which NASA will fund matic facility of the United States may in- the Government of Canada has implemented university research and the expected impact clude office space or other accommodations or maintained inadequate import controls of that funding on the supply of U.S. workers for members of the Marine Corps. for the articles specified in subsection (a), for the aeronautics industry. SEC. 626. None of the funds made avail- such that a significant diversion of such arti- (d) CONSULTATION.—In developing the na- able in this Act shall be used in any way cles has and continues to take place for use tional aeronautics policy, the Administrator whatsoever to support or justify the use of in international terrorism or in the esca- shall consult widely with academic and in- torture by any official or contract employee lation of a conflict in another nation. The dustry experts and with other Federal agen- of the United States Government. President shall terminate the requirements SEC. 627. Of the amounts made available cies. The Administrator may enter into an of a license when reasons for the temporary in this Act, $393,616,321 from ‘‘Department of arrangement with the National Academy of requirements have ceased. State’’; $27,938,072 from ‘‘Department of Jus- Sciences to help develop the national aero- SEC. 634. Notwithstanding any other pro- tice’’; $14,107,754 from ‘‘Department of Com- nautics policy. vision of law, no department, agency, or in- (e) SCHEDULE.—The Administrator shall merce’’; $426,314 from ‘‘United States Trade strumentality of the United States receiving submit the new national aeronautics policy Representative’’; $575,116 from ‘‘Broadcasting appropriated funds under this Act or any to the House and Senate Committees on Ap- Board of Governors’’; $291,855 from ‘‘National other Act shall obligate or expend in any propriations and to the House Committee on Aeronautics and Space Administration’’; and way such funds to pay administrative ex- Science and the Senate Committee on Com- $79,754 from ‘‘National Science Foundation’’ penses or the compensation of any officer or merce, Science, and Transportation no later shall be available for the purposes of imple- employee of the United States to deny any than the date on which the President sub- menting the Capital Security Cost Sharing application submitted pursuant to 22 U.S.C. mits the proposed budget for the Federal program. 2778(b)(1)(B) and qualified pursuant to 27 CFR government for fiscal year 2007 to the Con- SEC. 628. None of the funds made avail- Sec. 478.112 or .113, for a permit to import gress. The Administrator shall make avail- able in this Act may be used in contraven- United States origin ‘‘curios or relics’’ fire- able to the Congress any study done by a tion of the provisions of subsections (e) and arms, parts, or ammunition. non-governmental entity that was used in (f) of section 301 of the United States Leader- SEC. 635. None of the funds made avail- the development of the national aeronautics ship Against HIV/AIDS, Tuberculosis, and able in this Act may be used to include in policy. Malaria Act of 2003 (Public Law 108–25; 22 any bilateral or multilateral trade agree- SEC. 632. Any funds provided in this Act U.S.C. 7631(e) and (f)). ment the text of— under ‘‘National Science Foundation’’ used SEC. 629. None of the funds made avail- (1) paragraph 2 of Article 16.7 of the to implement E-Government Initiatives able to NASA in this Act may be used for United States-Singapore Free Trade Agree- shall be subject to the procedures set forth voluntary separation incentive payments as ment; provided for in subchapter II of chapter 35 of in section 605 of this Act. (2) paragraph 4 of Article 17.9 of the title 5, United States Code, unless the Ad- SEC. 633. (a) Notwithstanding any other United States-Australia Free Trade Agree- ministrator of NASA has first certified to provision of law or treaty, none of the funds ment; or Congress that such payments would not re- appropriated or otherwise made available (3) paragraph 4 of Article 15.9 of the sult in the loss of skills related to the safety under this Act or any other Act may be ex- United States-Morocco Free Trade Agree- of the Space Shuttle or the International pended or obligated by a department, agen- ment. Space Station or to the conduct of inde- cy, or instrumentality of the United States pendent safety oversight in the National to pay administrative expenses or to com- The CHAIRMAN. Are there any Aeronautics and Space Administration. pensate an officer or employee of the United points of order to this portion of the SEC. 630. Notwithstanding 40 U.S.C. 524, States in connection with requiring an ex- bill? 571, and 572, the Administrator of the Na- port license for the export to Canada of com- POINT OF ORDER tional Aeronautics and Space Administra- ponents, parts, accessories or attachments tion may sell the National Aeronautics and for firearms listed in Category I, section Mr. PORTER. Mr. Chairman, I raise a Space Administration-owned property on the 121.1 of title 22, Code of Federal Regulations point of order against section 607. This Camp Parks Military Reservation, Alameda (International Trafficking in Arms Regula- provision violates clause 2(b) of House County, California, and credit the net pro- tions (ITAR), part 121, as it existed on April rule XXI. It proposes to change exist- ceeds of such sales as offsetting collections 1, 2005) with a total value not exceeding $500 ing law and, therefore, constitutes leg- to its Exploration, science and aeronautics wholesale in any transaction, provided that islation on an appropriation bill in vio- account. Such funds shall be available until the conditions of subsection (b) of this sec- lation of House rules. expended; to be used to replace the facilities tion are met by the exporting party for such at Camp Parks that are still required, to im- articles. The CHAIRMAN. Does any Member prove other National Aeronautics and Space (b) The foregoing exemption from obtain- wish to be heard on the point of order? Administration-owned facilities, or both. ing an export license— If not, the Chair is prepared to rule.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.018 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4515 The Chair finds that this provision The gentleman from Washington (Mr. flict pain and suffering on an Amer- proposes to change existing law with MCDERMOTT) is recognized for 5 min- ican, not Castro. Carlos is a person, not respect to eligibility requirements to utes. a political pawn, a soldier who de- receive a Federal contract with funds Mr. MCDERMOTT. Mr. Chairman, I fended his country and asks only for made available by this act. yield myself such time as I may con- his country to defend his freedom. The provision, therefore, constitutes sume. He came to America on a raft in the legislation in violation of clause 2 of Mr. Chairman, I rise to offer an 1990s. Since then he has made a new rule XXI. amendment to the Science, State, Jus- home and a new life. He has given back The point of order is sustained, and tice, Commerce appropriations bill; to his country and served with distinc- the provision is stricken from the bill. and I do this in the name of freedom tion. He is a patriot. Mr. WOLF. Mr. Chairman, I ask and justice for all Americans. The least we can do is allow Carlos to unanimous consent that the remainder I call it the Carlos Lazo amendment, visit his children in Cuba. Allowing of the bill through page 108, line 7, be named for a brave U.S. soldier from Se- him to travel to Cuba would say much considered as read and printed in the attle who has been denied his right and more about freedom and opportunity in America than any new administration RECORD and open to amendment at any freedom to visit his children in Cuba point. because of onerous new travel restric- policy. You want to hurt Castro, send Carlos The CHAIRMAN. Is there objection tions imposed by this administration. to see his children. His freedom, like to the request of the gentleman from Sergeant Lazo is a medic in a combat any American, to travel freely and Virginia? unit that served for a year in Fallujah, speak freely and act freely will say There was no objection. one of the most dangerous places in more about what America stands for The text of the remainder of the bill Iraq. He is a shining example of every- than all the rhetoric and rules the ad- through page 108, line 7, is as follows: thing positive about America and about the men and women who serve in ministration could ever implement. TITLE VII—RESCISSIONS the Armed Forces. The Department of Treasury oversees DEPARTMENT OF JUSTICE But Carlos Lazo has been victimized the travel ban. So far they have refused LEGAL ACTIVITIES by the administration’s policy which to grant him any kind of waiver. It will ASSETS FORFEITURE FUND has gone tilt. Carlos is caught up in the take us to cut through that. (RESCISSION) latest ploy by the United States Gov- Let Carlos be reunited with his chil- Of the unobligated balances available ernment to topple Castro. This time dren in Cuba in time for Father’s Day. under this heading, $62,000,000 are rescinded. the administration is banking on re- There is room in the heartland of America to have a heart. OFFICE OF JUSTICE PROGRAMS stricting travel to overthrow the Cas- I urge the passage of this amend- STATE AND LOCAL LAW ENFORCEMENT tro government. The greatest impact from this new ment. ASSISTANCE Mr. Chairman, I reserve the balance (RESCISSION) policy is that Sergeant Carlos Lazo cannot visit his children in Cuba. One of my time. Of the unobligated balances available Mr. WOLF. Mr. Chairman, I yield man desires only to be a father on Fa- under this heading, $38,500,000 are rescinded. myself 1 minute, and I rise in opposi- COMMUNITY ORIENTED POLICING SERVICES ther’s Day. This is a man who risked his life in tion to the amendment. (RESCISSION) I think Members ought to know that defense of America, a man who risked the U.S. State Department lists the Of the unobligated balances available his life to reach America on a raft, a under this heading, $86,500,000 are rescinded. Cuban dictatorship as one of five re- man who wants only to see and hug his DEPARTMENT OF COMMERCE maining state sponsors of terror. The children, a man in uniform defending others are Iran, Libya, North Korea, EMERGENCY STEEL GUARANTEED LOAN America even as America denies his PROGRAM ACCOUNT and Syria. freedoms. According to the State Department’s (RESCISSION) Last June, Carlos tried to visit his most recent patterns of global ter- Of the unobligated balances available children in Cuba before the stringent under this heading from prior year appro- rorism, Cuba continues to support for- new travel restrictions were put into eign terrorist organizations and several priations, $35,000,000 are rescinded. effect. He was on leave from Iraq and RELATED AGENCIES terrorists and dozens of fugitives from went to Miami to board a charter flight the U.S., as the gentleman from New UNITED STATES-CANADA ALASKA RAIL to Cuba, but he was turned away be- York (Mr. FOSSELLA) just spoke. COMMISSION cause flights were flying empty to Also, if anyone is listening on the SALARIES AND EXPENSES Cuba. other side, I have sincerely asked for (RESCISSION) There he stood in his uniform, having the opportunity to visit the country of Of the unobligated balances available just come back from the combat zone. Cuba through the legal ways. Everyone under this heading from prior year appro- He stood in an airport with a ticket in who always wants to lift the sanctions priations, $2,000,000 are rescinded. his hand, barred from a chance to visit gets to go, but in a sincere effort at AMENDMENT OFFERED BY MR. MCDERMOTT his children, denied the most basic going down to find out what happens, I Mr. MCDERMOTT. Mr. Chairman, I freedom in this country. never can go. Something tells me there offer an amendment. Carlos returned to the war zone in is something funny about this. We The CHAIRMAN. The Clerk will des- Iraq without seeing his children. That want to go on good faith. We ask to go ignate the amendment. is the way it will stay unless the gov- through the normal process. We cannot The text of the amendment is as fol- ernment intercedes. get there. lows: Current law allows Americans to I think this is a bad amendment, and Amendment offered by Mr. MCDERMOTT: visit a family in Cuba only once every I urge the rejection of it. Page 108, after line 7, insert the following 3 years. No exceptions are made for sol- Mr. Chairman, I yield 1 minute to the (and make such technical and conforming diers serving abroad, families with gentlewoman from Florida (Ms. ROS- changes as may be appropriate): medical emergencies, or other hardship LEHTINEN). TITLE VIII—MISCELLANEOUS cases. Ms. ROS-LEHTINEN. Mr. Chairman, SEC. 801. None of the funds made available As it stands now, Carlos can do noth- I thank the gentleman from Virginia by this Act may be used to prosecute any in- ing except wait for an arbitrary dead- for the time. dividual for travel to Cuba (including travel line to expire. It will take another year I, too, rise in opposition to the for the purpose of visiting a member of the before he can go to Cuba. He is a natu- McDermott amendment. At a time immediate family of such individual). ralized American father who has been when the promotion of the rule of law The CHAIRMAN. Pursuant to the caught up in a national obsession to and the consolidation of democratic in- order of the House of June 14, the gen- overthrow Castro. Decade after decade, stitutions are pivotal to our U.S. na- tleman from Washington (Mr. plot after plot, the facts remain the tional security strategy, we should not MCDERMOTT) and the gentleman from same. and we must not support an amend- Virginia (Mr. WOLF) each will control 5 The policy, or the plot, call it what ment that runs contrary to this com- minutes. you will, the new travel restrictions in- mitment.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.085 H15JNPT1 H4516 CONGRESSIONAL RECORD — HOUSE June 15, 2005 This amendment is proposing that we In reading the next paragraph, how- I am not trying to trivialize the seri- interfere with law enforcement; that ever, we are told what cannot be sent ous nature of the issues we are dealing we interfere with the U.S. courts by in gift parcels to Cubans, and these re- with in Cuba. It simply is wrong to prohibiting the use of taxpayer funds strictions apply only to Cuba: clothing, deny ordinary Americans the ability to to prosecute those who are traveling to personal hygiene items, seeds, veteri- send gift items like this to ordinary Cuba in violation of U.S. law. What nary medicines and supplies, fishing Cubans. happened to the separation of powers, equipment and supplies, and soap-mak- Mr. Chairman, I reserve the balance an element that is one of the center- ing equipment, as well as any other of my time. pieces of our constitutional system? items normally sent as gifts. Mr. WOLF. Mr. Chairman, I yield 1 As the gentleman from Virginia (Mr. In other words, the U.S. Code of Fed- minute to the gentleman from Texas WOLF) pointed out, we had just talked eral Regulations does not permit the (Mr. DELAY), the majority leader. about U.S. fugitives that are given safe sending of gift parcels to Cuba con- Mr. DELAY. Mr. Chairman, I thank haven by the Castro regime in Cuba in taining clothes, personal hygiene the gentleman for yielding me this an effort to bring them to justice. We items, seeds and other very basic time. want them to come here to the United goods, goods that would modestly im- Mr. Chairman, for all the good inten- States. How can we now turn around prove the lot of ordinary Cubans. tions of its author and proponents of and support an amendment today that It just seems silly to me, Mr. Chair- this amendment, it is just bad policy. would essentially afford congressional man, that ordinary Americans cannot It operates under the notion that in a protection to U.S. lawbreakers? send to ordinary Cubans items like postal system packages are delivered Support for this amendment would toothpaste and toilet paper. That is on time, they are unopened, and at no empower the enemies of the United what this amendment is all about. undue cost to the addressee. But the When the opponents rise and take States, such as the Castro dictatorship, postal service in Fidel Castro’s Cuba their time, they will talk about obvi- and we must reject the McDermott does not operate like the postal service ously the awful dictator that Fidel amendment. in the hometown of the gentleman Castro is, and he is. That is precisely Mr. MCDERMOTT. Mr. Chairman, I from Arizona. Instead, all the pack- why we need to reverse this. The Cuban ask unanimous consent to withdraw ages, most of which are from family people have enough burdens placed the amendment. members trying to help their relatives upon them living under Fidel Castro. struggling to survive in Castro’s com- The CHAIRMAN. Is there objection Why impose additional burdens on to the request of the gentleman from mand economy, are immediately seized them by denying their relatives the by the state and held essentially as the Washington? ability to send personal hygiene items There was no objection. personal property of the Maximum to them? What will denying toothpaste Leader in a central depository some- AMENDMENT OFFERED BY MR. FLAKE and toilet paper do to the regime in Mr. FLAKE. Mr. Chairman, I offer an where in Havana. Cuba? I would submit that we are not This really happens. The packages amendment. going to prop up the regime in Cuba by are opened, they are rummaged The CHAIRMAN. The Clerk will des- sending toilet paper and toothpaste. through, and they are pilfered, after ignate the amendment. President Reagan once said, We must which, in the best-case scenario, the The text of the amendment is as fol- be careful in reacting to actions of the addressee is called and told how much lows: Soviet government not to take out our of a service charge it will cost them to LAKE indignations on those not responsible. Amendment offered by Mr. F : get their parcel. That is what happens Page 108, after line 7, insert the following: That is exactly what this amendment in a Communist country with a dic- is seeking to reverse. We are taking TITLE VIII—ADDITIONAL GENERAL tator. Every dime of goods contained in PROVISIONS out our indignations on Fidel Castro by those packages, what is left in them EC imposing restrictions on what family S . 801. None of the funds made available after they are rifled through, is a dime in this Act may be used to implement, ad- members and relatives can send to or- Castro’s regime does not have to spend minister, or enforce the amendments made dinary Cubans. It is simply wrong. to section 740.12 of title 15, Code of Federal America is a better country than on services for his people and, there- Regulations (relating to license exemptions that. We ought to stand taller than fore, a dime he can spend on another for gift parcels and humanitarian donations that. That is what we are trying to do torture chamber, a few more secret po- for Cuba), as published in the Federal Reg- here. lice officers, or a deposit in his Swiss ister on June 22, 2004 (69 Fed. Reg. 34565– bank account. 34567). Keep in mind, if a Boy Scout from Mesa, Arizona, or somewhere in Vir- The only suffering or hardship that The CHAIRMAN. Pursuant to the ginia or Indiana or any State of the this amendment would erase is Fidel order of the House of June 14, the gen- Union does a good turn for the day and Castro’s. He is a murderer, and he is a tleman from Arizona (Mr. FLAKE) and sends soap or soup or tomato seeds to thief. His government is a thugocracy, the gentleman from Virginia (Mr. someone in Cuba, that would be a vio- and his postal service, if you can call it WOLF) each will control 10 minutes. lation of the U.S. Code. If a Girl Scout that, is a profit center for a massive The Chair recognizes the gentleman in Michigan or Kansas happens to have criminal enterprise of oppression and from Arizona (Mr. FLAKE). a cousin in Cuba with a broken leg, the terror. Resources that make their way Mr. FLAKE. Mr. Chairman, I yield regulations would not allow her to send into Cuba, whatever their origin, what- myself such time as I may consume. crutches to her Cuban cousin. Again, ever the original intent of their trans- This amendment, Mr. Chairman, sim- that is forbidden by our regulation. mission, have only one purpose, one ply seeks to prohibit the use of funds What has our policy come to? What- purpose: To enrich, entrench, and em- from enforcing a particularly onerous ever happened to the proverb that says power a regime that has kidnapped, im- rule with regard to Cuba. There is a if you teach a man to fish, you feed prisoned, and murdered 100,000-plus section of the code in the U.S. Federal him for a lifetime? Yet we prohibit Cuban citizens over the last 45 years. regulation that governs the sending of sending a fishing line and hooks so or- The Bush administration has rightly gift parcels to countries for which dinary Cubans can have a better meal. concluded that the only good Cuba pol- there are otherwise strict limits of The Government of Cuba is making it icy is one that expedites the collapse of what can be sent. difficult for Cubans to feed themselves. the Castro regime. To loosen the ad- Under the heading of ‘‘Eligible Com- So why can Americans not send fishing ministration’s rules would be to reward modities,’’ it reads: ‘‘For Cuba, the poles and hooks to them? Castro for his recent brutal crackdown only eligible commodities are food, on democratic dissidents, dozens of medicines, medical supplies, radio b 1230 whom remain in his prisons. To loosen equipment and battery for such equip- Who really believes a small service the rules would send a signal, a signal, ment.’’ project by a Boy or Girl Scout would words have consequences when we Any reasonable person would agree actually be propping up the brutal Cas- speak them on this floor, and if this that we should be permitted to send tro regime, which has unfortunately amendment passes loosening these such items to ordinary Cubans. served 45 years on its own? rules, it would send a signal to those

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.067 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4517 brave, peaceful dissidents and their their daily existence, a life that has amendment that I am prepared to offer families that the United States has some dignity. Some dignity. That is against this legislation. But I just tired of the struggle against totali- the least we can do for the Cuban peo- heard my good friend and our leader on tarianism. ple. the majority side make some state- Mr. Chairman, we cannot send such a Mr. WOLF. Mr. Chairman, I yield 3 ments relative to the uncertainty and signal. We cannot reward this tyrant minutes to the gentleman from Florida the government’s ability to look and his terrorist state. We cannot (Mr. LINCOLN DIAZ-BALART). through any matter of package that allow this amendment to become law. Mr. LINCOLN DIAZ-BALART of may go from the United States to We must stand with the Cuban people, Florida. Mr. Chairman, the way that Cuba. stand with the Cuban people in their the Cuban people will regain their dig- I would just remind the leader, al- struggle against Castro and deny him nity is to regain their freedom. While though I see he has already left the the opportunity to exploit American they are oppressed by a regime that de- floor, and other people in this audience generosity. nies them all human rights and denies that under the PATRIOT Act, what is Vote for the Cuban people. Vote them their dignity, they will not be the difference between our policy to- against Castro’s regime. Vote ‘‘no’’ on able to live as all peoples are meant to. ward Cuba today and our policy toward this amendment. Let us remind ourselves what we are our own people? That package could be Mr. FLAKE. Mr. Chairman, I yield dealing with here. As the gentleman in the hands of our postal service, myself such time as I may consume to from Virginia (Mr. WOLF) stated, there which is supposed to be sacrosanct, and respond to the majority leader’s com- are five remaining terrorist states in our government can go through it, by ments, that I would think standing the world, after the fall of Saddam the way, by administrative rule rather with the Cuban people would be to Hussein and the liberation of Iraq. Five than by the balance of the court pro- remaining terrorist states. But the FBI allow them to receive personal hygiene viding for that request. It can be in our will tell you, and I would request our items, like toothpaste and toilet paper. bank, it can be in our library, it can be, colleagues seek this information and Keep in mind these restrictions are im- quite frankly, over the safety of the this briefing from the FBI, that the posed against Americans, not Cubans. threshold of our own homes, and our most aggressive and dangerous anti- These are imposed against American government can still go and look American espionage service of those families from sending to relatives in through those packages. five terrorist states remaining is the Cuba these items. These are not re- So I would say it is an argument that strictions on Castro. These are restric- one of the Cuban dictatorship. Yes, it is a bankrupt economy. Cas- has no teeth, because if we are going to tions on Americans. tro does not care about the suffering of criticize a government 90 miles off our We that believe in freedom ought to shore for that kind of action, we ought give Cuban Americans and others the the Cuban people. He does care about one thing, though: Intelligence services to be taking a look in our own back freedom to make the choice, do we send to fight against the interests of the yard before we move in that direction. gift parcels or do we not? leader of the free world, the United I would also like to say, Mr. Chair- Mr. Chairman, I yield 21⁄2 minutes to man, we are hearing an awful lot about the gentleman from Massachusetts States. Nineteen Cuban agents, des- ignated as spies, were expelled from CAFTA these days, and I would just (Mr. DELAHUNT). tell you that if CAFTA truly offers all Mr. DELAHUNT. Mr. Chairman, I the United States in recent years be- cause of their work as spies. Fourteen of the great promise that we are told thank the gentleman for yielding me by everybody, and that by treating this time. members of Castro’s spy network have been indicted and are in Federal prison these fledgling democracies, these peo- Mr. Chairman, one thing that I feel ple that really want to be a democracy confident in doing is to reassure my today. The President of the United States, a in these five other nations, why didn’t friend, the majority leader, that deny- year ago, after much study, came forth we go sell that to Cuba? ing the Cuban people toothpaste and with a very serious and comprehensive Mr. WOLF. Mr. Chairman, how much toilet paper will not bring down Fidel policy, which is very similar to the time do I have left? Castro. The reality is that Fidel Castro Reagan administration’s policy to- The CHAIRMAN. The gentleman has been in power for more than 45 wards the Soviet Union. One of the in- from Virginia has 7 minutes remaining. years, despite the existence of an em- gredients of President Bush’s policy Mr. WOLF. Mr. Chairman, I yield 30 bargo on a whole variety of items. with regard to the Cuban dictatorship, seconds to the gentleman from Florida What we have done by denying families one of five remaining anti-American (Mr. LINCOLN DIAZ-BALART). here in the United States the ability to terrorist states, is the reduction of Mr. LINCOLN DIAZ-BALART of send toilet paper and toothpaste to hard currency to that regime. Florida. Mr. Chairman, it is important their families back in Cuba is to deny Now, as was stated by the majority to defeat this amendment. I thought I something very fundamental that re- leader, Castro extorts payment even on heard it all on this floor, but to hear a flects the deepest American tradition humanitarian packages, at both ends of thugocracy called a fledgling democ- and values of helping our extended the process. The bottom line is that racy is something I never thought I families who still live in their coun- these regulations permit humanitarian would hear here. It is a regime of gang- tries of origin. aid to continue. Our constituents are sters by gangsters and for gangsters, At one level it is about toothpaste the ones who send that humanitarian against which President Bush has a and toilet paper, but the real issue here aid. very important and solid policy that is about family. That is what this is Mr. FLAKE. Mr. Chairman, may I will succeed. Cuba will soon be free. about. Let us not even make this a de- ask what the time is remaining and Mr. Chairman, I ask my colleagues bate about Fidel Castro, because, trust who has the right to close? today is to continue to stand with the me, Fidel Castro will survive whether The CHAIRMAN. The gentleman Cuban people against the thugocracy there is an ounce of toothpaste that from Arizona (Mr. FLAKE) has 3 min- and to defeat this amendment. goes into Cuba from a Cuban American utes remaining, and the gentleman b 1245 family. That is not what this amend- from Virginia (Mr. WOLF) has 7 min- ment is about. utes remaining and the right to close. Mr. WOLF. Mr. Chairman, I yield 21⁄2 I respect the fact that there is diver- Mr. FLAKE. Mr. Chairman, I yield minutes to the gentlewoman from sity of opinion in terms of how we deal 11⁄2 minutes to the gentleman from Florida (Ms. ROS-LEHTINEN). with the Castro government, but let us Idaho (Mr. OTTER). Ms. ROS-LEHTINEN. Mr. Chairman, get past the politics and understand Mr. OTTER. Mr. Chairman, I thank I thank the gentleman for yielding me that this is about family, because I can the gentleman from Arizona for yield- this time. assure you that standing with the ing me this time and for his leadership, We have heard the proponents of this Cuban people means to provide them his continued leadership, and his ex- amendment argue that they want to the kind of assistance on a regular haustive leadership on this issue. revoke U.S. policy toward the Cuban basis so that they can live a life, at I really had not intended to speak on dictatorship. They say they are doing least in their home, in the privacy of this issue. I came down to speak to an it to help the Cuban people. When we

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.070 H15JNPT1 H4518 CONGRESSIONAL RECORD — HOUSE June 15, 2005 speak of helping the Cuban people, we This is very similar to the debate Mr. WOLF. But the gentleman has need to focus on their freedom. Help is when the Soviet Union was still in ex- been there several times. liberty. Help is working to ensure that istence and President Reagan had a Mr. FLAKE. I have never met with every Cuban can speak their minds and comprehensive policy to try to elimi- Castro, and I have no desire to. not be imprisoned and not be beaten up nate that regime. And the debate is the Mr. WOLF. Mr. Chairman, if the gen- for it. True humanitarian assistance is same: it is going to hurt the people. tleman has been there a couple of that which is not manipulated by the When President Reagan was trying to times and I have not, maybe the gen- dictatorship in order to strengthen its cut off the funding: it is going to hurt tleman can try to help me. I would like own stranglehold on the Cuban people. the Soviet people; they are the victims. to go. Providing the tyrannical ruler with an No. No, Ronald Reagan was right Cuba is a source country for children escape valve to the dictatorship, that then; George W. Bush is right today, trafficked internally for the purposes is not helping the Cuban people. which is why the Assembly of Civil So- of sexual exploitation and forced child If we truly want to help the Cuban ciety, the umbrella organization, oppo- labor. Trafficking victims from all over people, let us do so by working towards sition organization within Cuba, that Cuba are exploited in major cities. This the day that Cubans from every back- just recently had a heroic meeting in government does not give its own peo- ground, every race, every ethnicity, Havana, publicly supports the Presi- ple the necessary help. and every religion will be able to live dent’s policy. They understand that Cuban forced-labor victims, and this freely, free from fear and free from in- dignity is not a gift. They understand is from the State Department reports, timidation in a truly democratic Cuba. that the only true road to dignity is include children coerced into working Despite years of repression, there is a freedom: freedom of election, freedom conditions of involuntary servitude in growing independent civil society of association, freedom of religion, and commercial agriculture. movement on the island. Cubans today freedom of the press. The Government of Cuba does not are trying, against the dictatorship, to This amendment would go a long way fully comply with the minimum stand- organize themselves as independent to reversing the policy that is working. ards for the elimination of trafficking journalists and independent librarians. Just as many wanted to reverse Rea- and is not making significant efforts to Let us help them liberate themselves gan’s policy that succeeded in defeat- do so. In 2001, Cuban officials outlined from totalitarianism, and the way to ing the Soviet Union, this amendment an extensive plan to address the pre- do that is to send true humanitarian is trying to reverse the Bush policy vention and prosecution of trafficking aid, aid that is freedom and liberty and that will ultimately allow the Cuban victims on a national scale, but there justice. people to live in freedom, the freedom is no evidence to show that the plan More than $1 billion is sent annually that they so much deserve. has been implemented. Cuba has no in funds and goods, sent to Cuba from Mr. FLAKE. Mr. Chairman, I yield strategy to address its trafficking those living outside of the island myself the balance of my time. problem and growing child sex tourism through various methods. Castro is Mr. Chairman, let me once again re- industry. making a lot of money, and little of it mind Members what this is all about. Let the Cuban Government deal with is going to benefit the Cuban people. So We all know the brutality of the Castro eliminating the trafficking of children while Castro and his cronies continue regime and how they deprive people of first. Cuba is in of the State Depart- to enrich themselves so they can main- basic goods. Because of that, why in ment’s Trafficking in persons report tain their hold on the Cuban people, the world do we add to their burdens? tier 3, which is among the worst in the what is happening to the Cuban people? Why do we deny Americans, Cuban world. Let them deal with this issue They are left to struggle and suffer as families, Cuban-American families the and then perhaps we can see about a result of the dictatorship’s failed ability to send items to their families? some of these issues. But I urge strong- policies. ly a ‘‘no’’ vote on this amendment. It is not the U.S.’s fault that the That is what this amendment is about. Mr. Chairman, I yield back the bal- Cuban people are in misery; it is Cas- We will hear all kinds of things about ance of my time. tro’s fault. The U.S. policy is to help the brutality of the regime. Let us The CHAIRMAN. The question is on the Cuban people bring freedom, bring stipulate that. I have been there sev- the amendment offered by the gen- liberty, and bring that voice of justice eral times. It is worse than anybody knows. It is awful. People there live tleman from Arizona (Mr. FLAKE). that they so desperately need. Let us The question was taken; and the stand with the Cuban people today and with such burdens. Let us not burden Chairman announced that the noes ap- reject the Flake amendment. them further. peared to have it. Mr. FLAKE. Mr. Chairman, I yield Let me say, last year when this Mr. FLAKE. Mr. Chairman, I demand myself 30 seconds. amendment was offered, the opponents Mr. Chairman, I find it interesting, were saying the administration is a recorded vote. the gentleman mentioned that our con- going to change it. This amendment The CHAIRMAN. Pursuant to clause stituents send these packages. If that will be moot. Those regulations will 6 of rule XVIII, further proceedings on is true, why would they if they are all change. There has been a public outcry; the amendment offered by the gen- opened and money is taken off the top? it is going to change. Guess what, a tleman from Arizona (Mr. FLAKE) will That may well be the case, but they year later it is still there. The restric- be postponed. make that choice. They ought to make tions are still there, yet we heard they AMENDMENT NO. 10 OFFERED BY MR. PAUL that choice. My constituents ought to are going to change. Well, they have Mr. PAUL. Mr. Chairman, I offer an have that choice. That is what America not changed. We need to send a signal amendment. is about, allowing people to have the this policy cannot stand. The CHAIRMAN. The Clerk will des- freedom to make that choice. Mr. WOLF. Mr. Chairman, I yield ignate the amendment. This amendment will allow them myself the balance of my time. The text of the amendment is as fol- that freedom. The current policy re- I rise in strong opposition to the lows: stricts their freedom to make that amendment. I would also like to say to Amendment No. 10 offered by Mr. PAUL: choice. They are told they cannot send the gentleman from Arizona (Mr. Page 108, after line 7, insert the fol- these items. Again, it is back to tooth- FLAKE), I would love to go down to lowing: paste and toilet paper. That is what we Cuba; and I would ask if the gentleman TITLE VIII—ADDITIONAL GENERAL are talking about here. can intercede for both of us to go to- PROVISIONS Mr. WOLF. Mr. Chairman, I yield 2 gether, and that would be an unusual SEC. 801. None of the funds made available minutes to the gentleman from Florida trip. in this Act may be used by the United Na- tions to develop or publicize any proposal (Mr. MARIO DIAZ-BALART). Mr. FLAKE. Mr. Chairman, will the Mr. MARIO DIAZ-BALART of Flor- concerning taxation or fees on any United gentleman yield? States person in order to raise revenue for ida. Mr. Chairman, when I listen to Mr. WOLF. I yield to the gentleman the United Nations or any of its specialized this debate, I am reminded of the from Arizona. or affiliated agencies. None of the funds phrase ‘‘the more things change, the Mr. FLAKE. I have no beef with the made available in this Act may be used by more they remain the same.’’ Cuban government. the United Nations to implement or impose

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.073 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4519 any such taxation or fee on any United The CHAIRMAN. Pursuant to the and reaffirmed by the Supreme Court States person. order of the House of June 14, the gen- last week to do just that. The CHAIRMAN. Pursuant to the tleman from New York (Mr. HINCHEY) Opponents of this amendment have order of the House of June 14, the gen- and the gentleman from Virginia (Mr. tried to misrepresent it. This amend- tleman from Texas (Mr. PAUL) and a WOLF) each will control 15 minutes. ment does not encourage the rec- Member opposed each will control 5 The Chair recognizes the gentleman reational use of marijuana. It does not minutes. from New York (Mr. HINCHEY). encourage drug use in children. It does The Chair recognizes the gentleman Mr. HINCHEY. Mr. Chairman, I yield not legalize marijuana. It would give from Texas (Mr. PAUL). myself such time as I may consume. relief to people suffering from horrific Mr. PAUL. Mr. Chairman, I yield my- This amendment would prohibit diseases and allow their doctors to de- self such time as I may consume. funds for the Department of Justice cide which drugs will work best to do (Mr. PAUL asked and was given per- from being used to prevent patients in so. Organizations including the Na- mission to revise and extend his re- States that have medical marijuana tion’s largest medical organization, the marks.) laws from following those laws. 2.7 million member American Nurses Mr. PAUL. Mr. Chairman, my amend- Over the past 9 years, 10 States have Association, the American Public ment is a very simple, clear amend- adopted laws which allow the use of Health Association, the American ment. It prohibits the use of any funds marijuana for medicinal purposes: Academy of Family Physicians, and in this bill to be used by the United Na- Alaska, California, Colorado, Hawaii, the New York State Medical Society, tions to promote a world global tax. Maine, Montana, Nevada, Oregon, among others, have publicly endorsed Over the last 10 years, there were at Vermont, and Washington. They legal- the medical use of marijuana. least five meetings in the United Na- ized the use of marijuana to relieve the tions that talked and met for the sole intense pain that accompanies debili- b 1300 purpose of devising a global tax. Not tating diseases, including AIDS, can- Our amendment is about compassion, too long ago the G8 met, and France cer, multiple sclerosis, and glaucoma. in allowing patients the simple right of and Germany proposed a global tax on With the exceptions of Hawaii and using the most effective medicine pos- airline tickets. There have been other Vermont, all of those laws were adopt- sible. Taxpayers’ dollars should not be proposals on taxes on financial serv- ed by referendum, passed by the people. spent on sending seriously or termi- ices. Hans Eichel, Germany’s finance Thousands of patients have testified, nally ill patients to jail. A vote for this minister, stated, ‘‘No one in the G8 has explained, and acknowledged that amendment is a vote for States rights said anything against it. It is now on marijuana helps relieve symptoms, and for compassion. Ten States have the agenda.’’ such as nausea, pain, and loss of appe- decided to use medical marijuana in So it is not like I have dreamed up tite associated with serious illnesses. their laws. The Federal Government this possibility. This is very real. It is These people have found that mari- should not stand in their way. on the agenda. They have talked about juana is the only remedy that improves Mr. Chairman, I reserve the balance it for years. their quality of life. Yet the DEA has of my time. Mr. Chairman, I would like to say been targeting these people for arrest Mr. WOLF. Mr. Chairman, I yield 2 that support for my amendment would and sending them to jail. This needs to minutes to the gentleman from Penn- be that somebody has responded. They stop. sylvania (Mr. PETERSON). think that nobody has, but I think the It is unconscionable that we in Con- Mr. PETERSON of Pennsylvania. Mr. American people through us are quite gress could possibly presume to tell a Chairman, I rise to oppose this amend- willing to respond and say we are not patient that he or she cannot use the ment. Marijuana is not a harmless ready, we do not think that it is a good only medication that has proven to drug. The National Institute on Drug idea that the United Nations be funded combat the pain and symptoms associ- Abuse, the American Medical Associa- through a global tax. ated with a devastating illness. How tion and other science-based research Mr. WOLF. Mr. Chairman, will the can we tell very sick people that they institutes have documented the sub- gentleman yield? cannot have the drug that could save stantial risks of using marijuana. The Mr. PAUL. I yield to the gentleman their lives simply because of a narrow FDA, on the other hand, has already from Virginia. ideology and bias against that drug in approved Marinol, which contains THC, Mr. WOLF. Mr. Chairman, I think this Congress? a derivative of the active chemical in the gentleman’s amendment is an ex- A 1999 Institute of Medicine report marijuana, totally undermining claims cellent amendment, and I accept it and for the National Academy of Sciences that there is any need for medical I am glad he offered it. described the legitimate use of medical marijuana. Mr. PAUL. Mr. Chairman, I yield marijuana. It stated: ‘‘Until a non- If passed, this amendment would back the balance of my time. smoked rapid-onset cannabinoid drug open the door for drug dealers to use The CHAIRMAN. Does any Member delivery system becomes available, we medical marijuana exemptions as cover claim the time in opposition? acknowledge that there is no clear al- for their growing and selling oper- The question is on the amendment ternative for people suffering from ations. Up until recently, no adequate offered by the gentleman from Texas chronic conditions that might be re- testing had been done in this country (Mr. PAUL). lieved by smoking marijuana. Today on the devastating effects of marijuana The amendment was agreed to. there is no such alternative available.’’ use. If only the young people of Amer- AMENDMENT OFFERED BY MR. HINCHEY This amendment would affect only ica knew of the study that just has Mr. HINCHEY. Mr. Chairman, I offer the States that allow the use of med- been released recently that marijuana an amendment. ical marijuana by preventing the Jus- use curtails the development of the The CHAIRMAN. The Clerk will des- tice Department from arresting, pros- brain. We have very young people in ignate the amendment. ecuting, suing, or otherwise discour- this country using marijuana, and The text of the amendment is as fol- aging doctors and patients in those marijuana curtails the growth of our lows: States from following the laws of those brain, and our brain is not mature Amendment offered by Mr. HINCHEY: States to relieve their physical injuries until we are 25 years of age. Anything Page 108, after line 7, insert the following: and conditions. we do that encourages young people to TITLE VIII—ADDITIONAL GENERAL In the Supreme Court’s majority use marijuana will have a devastating PROVISIONS opinion last week, Justice John Paul impact on their mental capacity. SEC. 801. None of the funds made available Stevens wrote that the issue can be ad- I speak with a little experience on in this Act to the Department of Justice dressed ‘‘through the democratic proc- this. I have some friends who grew up may be used to prevent the States of Alaska, ess, in which the voices of voters allied when marijuana was the hot issue, and California, Colorado, Hawaii, Maine, Mon- tana, Nevada, Oregon, Vermont, or Wash- with these respondents may one day be some of the brightest young people I ington from implementing State laws au- heard in the halls of Congress.’’ With knew became somewhat dull and have thorizing the use of medical marijuana in this amendment, we intend to use the remained that way all of their life be- those States. powers granted us in the Constitution cause the recent study proves that

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.022 H15JNPT1 H4520 CONGRESSIONAL RECORD — HOUSE June 15, 2005 marijuana use curtails the growth and Mr. WOLF. Mr. Chairman, I yield 2 Before I proceed with my comments, development of the brain. minutes to the gentleman from Iowa though, I want to acknowledge the tre- I have never had a physician tell me (Mr. KING). mendous leadership of the Chair of this that it was needed in his portfolio to Mr. KING of Iowa. I thank the gen- subcommittee of appropriations, the treat medical diseases and pain. I have tleman for yielding me this time. subcommittee that has such a long never had a physician, and I have been Mr. Chairman, I serve on the Judici- name now, but we all know it is the in the health care field, in the legisla- ary Committee where we look at these gentleman from Virginia (Mr. WOLF). tive process, for 20 some years. types of issues. I appreciate the sup- He knows, and every chance I get, I Medical marijuana is not something port of the gentleman from Virginia on want to tell others, of the high regard that is needed in this country. It is a this cause. that I have for him. It is a privilege to drug that stops the development of the As I listened to the gentleman from call him colleague and to serve with brains in our youth, and it should not Massachusetts make the allegation him in the Congress of the United become legal in any way, in my view. that no doctor in no State shall pre- States. Again, every chance I get, I Mr. HINCHEY. Mr. Chairman, I yield scribe medicinal marijuana, I acknowl- want to acknowledge his tremendous 2 minutes to the gentleman from Mas- edge the statement, and the implica- leadership, especially for respecting sachusetts (Mr. FRANK). tion at least was that this is new legal the human rights of every person on Mr. FRANK of Massachusetts. Mr. ground that we are plowing here. But, the face of the Earth. Chairman, I will not contest the gen- in fact, the FDA says no doctor in no I thank the gentleman from Virginia tleman from Pennsylvania on the intel- State shall prescribe a pharmaceutical (Mr. WOLF), the gentleman from New lectual level of some of his compan- or medicine that is not approved by the York (Mr. SERRANO) and the gentleman ions, but on other issues, I very much FDA. That is why we had this major from West Virginia (Mr. MOLLOHAN) as disagree with what he has had to say. debate in this Congress here a year or well for their leadership on this impor- As to its relevance, yes, marijuana is so ago with regard to the reimporta- and can be a drug with serious adverse tant subcommittee. tion of drugs. This amendment, Mr. Chairman, is consequences. So is OxyContin. So are So it is not new ground. It is old especially timely coming on the heels many other substances that can only ground. It is old ground, and we know of the Supreme Court decision last be legally administered by a physician the cause, and we know what the driv- week. The Court’s decision makes clear with a prescription. This is not a bill to make marijuana ing force is behind this. It is seeking to that Federal regulatory and statutory generally available. It is not a bill to get the camel’s nose under the tent, changes are needed. For that reason, I put it in baby formula. It says, what is seeking to establish a very small sliver strongly support the proposed legisla- the rationale for singling out mari- of marijuana so that eventually the tion of the gentleman from Massachu- juana and saying that no doctor in no people that are behind this, that want setts (Mr. FRANK) that would change State can prescribe that even if that to legalize marijuana in their indi- Federal laws to permit medical mari- doctor feels that is the only way or the vidual States and across this country, juana pursuant to State law. Make most effective way to alleviate pain? can drive that wedge in and eventually sure you know that what we are talk- And I say most effective. be able to legalize this substance that ing about here is in regard to States I would have hoped we would have has not been supported by any branch passing their own laws or initiatives learned something about trying to of medicine that I can identify. The and what would happen in this initia- practice medicine here. They released American Medical Association, the Na- tive, which is needed because we do not today the autopsy, sadly, in that tragic tional Multiple Sclerosis Society, have a Federal law to respect States’ case of Terri Schiavo. Apparently, ac- Glaucoma Society, Academy of Oph- rights specifically in terms of medic- cording to the autopsy, not only was thalmology, Cancer Society all have inal marijuana. she in a persistent vegetative state, she rejected marijuana for medical pur- This amendment is necessary because was blind. The fact is that we had peo- poses. it would prohibit the Justice Depart- ple on the floor of this House a few What we have here is an initiative ment from spending any funds to un- months ago directly controverting that is designed to advance a social dermine State medical marijuana laws. what we now know to be the medical agenda, the social agenda of the people It would leave to the discretion of the facts. that want to legalize marijuana. And, States how they would alleviate suf- Let us not do that again. Let us not in fact, if we do that, we are going to fering of their citizens. This is a States say that we will decide on a political see it planted in more places around rights issue. I have been a longstanding basis at the national level that no this country, not less, and more acces- advocate for allowing States to make State is competent to regulate the sible to more people, and this society medical marijuana available to pa- practice of medicine in that State if will be more replete with the abuse of tients under a doctor’s recommenda- they decide to allow a doctor to pre- this hallucinogenic drug, a gateway tion to alleviate painful suffering. A scribe marijuana, because that is what drug that reduces the productivity of doctor’s prescription is needed for a we are talking about. The regulation of the American people and causes more substance that is not otherwise legal. medicine has been a State function. people to get on to serious drugs, such Doctors write prescriptions every day Some States have decided to allow as methamphetamines, heroin, cocaine, for that purpose, and they should be their doctors to prescribe marijuana. et cetera. able to do so if their States allow it in This has got a double safeguard. The I urge a ‘‘no’’ vote on this amend- the case of medical marijuana. State has to decide to do it, and then a ment. In my district in San Francisco, we physician has to decide to do it. Mr. HINCHEY. Mr. Chairman, I yield have lost more than 20,000 people to If there are physicians that you 1 minute to the distinguished gentle- AIDS over the last two decades. Twen- think are misusing this, and there are woman from California (Ms. PELOSI). ty thousand people. I have seen first- with substances. Rush Limbaugh got Ms. PELOSI. Mr. Chairman, I thank hand at the bedsides of these patients into trouble with OxyContin. That does the gentleman from New York for the suffering that accompanies this not mean because something can be le- yielding me this time, and I thank him dreadful disease. Medical marijuana al- gally prescribed that you look away for his leadership, he and the gen- leviates some of the most debilitating when it has been illegally used. tleman from California (Mr. ROHR- symptoms of AIDS, including pain, So let us treat marijuana the way we ABACHER), for bringing this important wasting syndrome and nausea. It is not treat many, many other substances bipartisan initiative to the floor. What confined to AIDS, but also cancer and with far more impact on individuals. we are discussing today is compassion, so many examples that our colleagues Let us leave this to the States and and that is a bipartisan value. I am will point out. This is just the compas- leave it to the doctors, and let us stop grateful for their leadership on this sionate way to go. this practice, which I have commented issue that is critical to many in my The previous speaker says he knows on before, where most of us are not district and across the country who are of no scientific or medical institution doctors, but try to play them on C– suffering from debilitating illnesses that has said anything positive about SPAN. and to those who care for them. this. I beg to differ. The fact is this has

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.081 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4521 been supported by science. In 1999, the Mr. Chairman, I rise in opposition to ease, lung cancer, bronchitis, and em- Institute of Medicine issued a report this promarijuana amendment. It has physema. The Office of National Drug that had been commissioned by the Of- little, little to do with compassion. It Control Policy notes evidence that fice of National Drug Control Policy. is hiding behind a few sick people to marijuana can increase the risk of seri- The study found that medical mari- try to, in effect, legalize, back door, ous mental health problems, and in juana would be advantageous in the marijuana in this country. teens marijuana can lead to depression, treatment of some diseases and is po- This amendment would prohibit the thoughts of suicide, and schizophrenia. tentially effective in treating pain. Department of Justice from enforcing There is a cost to Members of Con- Medical journals and other recent arti- Federal drug laws against anyone hid- gress standing up here and pretending cles attest to the fact that active com- ing behind a State medical marijuana that this is medical. This is not safe ponents in medical marijuana inhibit statute. If passed, this amendment medicine. It is not safe and effective. It pain. Other proven medicinal uses of would put people in danger of shysters is dangerous. It contains more than 400 marijuana include improving the qual- and quacks willing to recommend a chemicals. Moreover, we know from ity of life, as I mentioned before, for dangerous drug, marijuana, in place of survey data that so-called medical patients with cancer, multiple sclerosis federally approved safe and proven marijuana is not used for medicinal and other severe medical conditions. medicines. You can get Marinol. We purposes except in very few cases, but That is why many medical associations have got other ways by taking a pill to for recreational and emotional reasons. support legal access to medical mari- treat this. There are multiple chemi- One single doctor in Oregon wrote juana, again, if the State allows it with cals in marijuana. It is not medicine. more than 4,000 prescriptions for people a doctor’s prescription, including the Marijuana is just as much medicine as to use marijuana. His medical license American Academy of HIV Medicine, the carbolic smoke ball from the late was finally suspended last year for his the American Academy of Family Phy- 19th century was medicine. failure to provide proper examinations sicians, the American Nurses Associa- b 1315 or oversight of this so-called ‘‘treat- tion, the American Public Health Asso- ment.’’ The carbolic smoke ball promised in ciation and the AIDS Action Council. We have marijuana coffee houses pro- this ad we can see promised to cure ev- In addition, more than 10 States, in- liferating in these States that are sup- erything from asthma to sore eyes to cluding my own State of California, posedly for cancer patients. There are diphtheria. Consumers were told to have adopted these laws since 1996. people growing tens of hundreds of smoke the carbolic smoke ball three Most of these laws were approved by a acres and putting medical marijuana in times a day for what ailed them. Simi- vote of the people. Numerous polls in- front of it and hiding and saying ‘‘we larly, snake-oil salesmen promised dicate that three-quarters of the Amer- are helping cancer patients,’’ which is through their quackery that their ican people support the right of pa- not true. product could cure all aches and pains. tients to use marijuana with a doctor’s Finally, pro-marijuana advocates ex- prescription. A recent AARP poll This is why we passed the Food and Drug Act. That is why we have an ploit the stories of people who are suf- showed that 92 percent of America’s fering from real pain or illness as a seniors support the use of medicinal FDA, to protect consumers from the nostrums of the day. Congress acted re- wedge for their pro-drug agenda, claim- marijuana with a doctor’s prescription ing that marijuana is necessary to al- in the States where it is allowed. sponsibly in protecting this country from fraudulent claims of nostrum sell- leviate their pain. It is simply not Religious denominations also support proven, not true, and becoming less legal access to medical marijuana, in- ers and from using unsafe drugs from being taken by sick or afflicted con- true every single year for even the ex- cluding the Episcopal Church, the ceptional case. Evangelical Lutheran Church, the Na- sumers. Do the Members think these people were not sick and these people The good news is that Marinol, a syn- tional Council of Churches, the Na- thetic version of marijuana’s deriva- tional Progressive Baptist Convention, did not want to be cured? But they were sold products that, in fact, could tive THC, has been approved by FDA as the Presbyterian Church, the Union for medication for appropriate treatment Reform Judaism, the United Church of not deliver. They made them drunk just like marijuana makes one high. by prescription. Marinol has met the Christ, the Unitarian Universalist As- rigorous standard for ‘‘safe and effec- sociation, and the United Methodist What they do is isolate the chemicals inside to treat the disease. tive’’ that is required for all drugs. It Church. will be great for cancer patients and is We must not make criminals of One does not smoke pot. I have told working now in all of them. Originally, criminally ill people. Excuse me. We this body several times before about Members got on this floor and said it must not make criminals of seriously Irma Perez, but many seem to have a could not stop vomiting. It does. ill people. My slip of the tongue may short memory about this. The rhetoric The bad news is that proponents of tell the tale. It is not a crime to be ill. about marijuana as a ‘‘treatment’’ for medical marijuana are perpetrating a If we need to have access to pain relief, medical purposes, which probably was fraud on the public by claiming that the people who seek this therapy dreamed up at some college dorm, was home-grown weed, pot, reefer, mari- should be able to receive it. It is long a factor in the death of Irma Perez. She juana, or whatever one wants to call it, past time to base our policies on was 14 years old. She heard all this should be used as medicine. Medical science and not on misguided politics. talk about medical marijuana even on marijuana is a ruse. Marijuana is a The Hinchey-Rohrabacher amendment the floors of Congress, and she was suf- dangerous and illicit drug, period. affects the health and well-being of so fering from an Ecstasy overdose. And many Americans, and I urge my col- her friends gave her marijuana, think- I urge my colleagues to vote against leagues to vote for it. ing it was medical instead of getting this amendment. I also want to commend again the her a doctor. A medical examiner said Mr. HINCHEY. Mr. Chairman, I yield gentleman from California (Mr. ROHR- that had she received real medical at- 2 minutes to the gentleman from Cali- ABACHER) and the gentleman from New tention rather than so-called medical fornia (Mr. ROHRABACHER). York (Mr. HINCHEY) for their courage marijuana, Irma Perez would still be Mr. ROHRABACHER. Mr. Chairman, in bringing this important bipartisan, alive. I rise in strong support of this amend- compassionate legislation to the floor. There is a reason that marijuana is ment. I rise in support of the separa- Mr. WOLF. Mr. Chairman, I yield 5 illegal, a Schedule I controlled sub- tion of powers as established by our minutes to the gentleman from Indiana stance. It has not met the rigorous ap- Founding Fathers in the Constitution. (Mr. SOUDER), who has been a leader on proval process of the FDA. In fact, The Constitution clearly delegates the this issue. nearly 60 percent of people in drug power to deal with criminal matters, (Mr. SOUDER asked and was given treatment in America are in treatment like the use of drugs, to the States. permission to revise and extend his re- for marijuana. Marijuana has never I agree with my colleagues, even the marks.) been proven safe and effective for any one who just preceded me, that mari- Mr. SOUDER. I thank the gentleman disease. To the contrary, it has been juana is probably a dangerous drug, for his leadership. linked to a greater risk of heart dis- and I would not suggest that we do

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.107 H15JNPT1 H4522 CONGRESSIONAL RECORD — HOUSE June 15, 2005 anything to encourage its use. Cer- Last year, this amendment failed by When Americans called for an end to dis- tainly the war on drugs has not elimi- a vote of 148 to 268, and I urge rejection crimination, we had an obligation to pass the nated that choice for our young people of the amendment. Civil Rights Act. one iota. Our approach at supply rather Mr. Chairman, I reserve the balance When Americans called for fairness to per- than looking at demand has not been of my time. sons with disabilities, we had an obligation to successful. But, most importantly, this Mr. HINCHEY. Mr. Chairman, I yield pass the Americans with Disabilities Act. drug, which may be harmful, reflects 1 minute to the gentleman from Cali- Ten states and millions of American citizens many other drugs that may well be fornia (Mr. FARR), a sponsor of this have voted to make it the law in their states harmful, but that we have decided as a amendment. that marijuana is available through prescrip- society should be permitted to be pre- Mr. FARR. Mr. Chairman, I thank tions for health care purposes. scribed by doctors whom we have em- the gentleman for yielding me this They are asking us—their representatives in time. powered to make such prescriptions to Congress—to change the law to make it so. I stand as a Member from California, people who are suffering from illnesses. We have an obligation to respond. which has had a law for almost 10 years The Hinchey amendment is the responsible There are many drugs that have many now allowing the medical prescription serious side effects and that are harm- thing to do. It is the right thing to do. use of marijuana for alleviating pain. I urge everyone to vote ‘‘yes’’ on the Hin- ful to people. Marijuana is no different It has not been a problem in California. chey amendment. than that. And especially we should try It does not legalize drugs. It does not Mr. WOLF. Mr. Chairman, I yield 1 to discourage young people from using get drugs into the hands of kids. That minute to the gentleman from Cali- marijuana. law is enforced. Drug laws in California fornia (Mr. GALLEGLY). But simply to override all of the pow- are strictly enforced by local law en- (Mr. GALLEGLY asked and was ers of the people of the States of this forcement. But local law enforcement given permission to revise and extend Union to determine that decision and also supports in my community this his remarks.) to override criminal matters that have use of pain relief. Mr. GALLEGLY. Mr. Chairman, I been decided by the people of States is I mean, this issue is about doctors urge my colleagues to vote against this unconstitutional. The fact is our and patients, doctors who prescribe for amendment. Founding Fathers wanted these issues pain. They can have all kinds of alter- Marijuana is not a therapeutic drug. to be determined in the States. All this natives prescribed. In some cases, this It is a harmful drug. Proponents of decision we are making today is, is the way that pain is best relieved. So medical marijuana claim that drugs should we use Federal money and use what we are asking is that no money be help alleviate pain, nausea, vomiting, Federal resources to override the wish- spent to enforce the laws in those and loss of appetite for the terminally es of the people of the States who have States that have been working. The ill. But these alleged benefits are re- voted, and in my State there was a ref- Supreme Court did not strike down jected by medical authorities. The erendum which won handily, on this those laws. They did not say they were American Medical Association, Na- issue. And the issue is that they have a illegal. This is the ability of whether tional Multiple Sclerosis Society, the right to decide at the State level Congress is going to now step in and re- American Glaucoma Society, the should a doctor be able to prescribe quire those 10 States that have prac- American Academy of Ophthalmology, marijuana to someone who is suffering, tices in place that are alleviating pain and the American Cancer Society, how- a cancer victim, an AIDS victim, or that they can no longer do that. ever, have all rejected the use of mari- whatever. This makes all the sense in Do not allow the Federal Govern- juana for medical purposes. the world. ment to bust old ladies who are suf- Further, smoking pot is physically Let us not have a power grab by the fering from pain and have a prescrip- harmful. Smoking pot delivers three to Federal Government at the expense of tion for relief. five times the amount of tar and car- these poor patients and the right of Mr. Chairman, I rise in support of the Hin- bon monoxide as cigarettes. According doctors to make these decisions and chey amendment and am proud to be a co- to the National Institute on Drug not politicians. sponsor of that amendment. Abuse, studies show that someone who Oppenents of this amendment would want Mr. WOLF. Mr. Chairman, I yield smokes five joints per week may be you to believe that this amendment is all about taking in as much cancer-causing myself 11⁄2 minutes. legalizing pot, or about unfettered access to chemicals as someone who smokes a I rise in opposition to the amend- street drugs, or about creating a generation of full pack of cigarettes every day. ment. Not only does the amendment drug addicts. Smoking pot is not helpful; it is harm- hurt law enforcement’s efforts to com- They know it’s not and their exaggeration ful. bat drug trafficking, but it really sends won’t change the facts. I urge my colleagues to vote against the wrong message to our children. The facts are— this amendment. Marijuana is the most abused drug in This amendment is about States rights and Mr. HINCHEY. Mr. Chairman, I yield the United States. According to the the ultimate right of the citizens to empower 1 minute to the gentlewoman from ONDCP and the DEA, more young peo- their government through the democratic proc- California (Ms. WOOLSEY). ple are now in treatment for marijuana ess. Ms. WOOLSEY. Mr. Chairman, like dependency than for alcohol or all This amendment is about health care, under my constituents, I believe that doctors other illegal drugs. a doctor’s prescription and direction. should be permitted to prescribe mari- Mr. Chairman, if I could just read This amendment is about compassion and juana for patients suffering debili- that one more time: according to the caring for persons who suffer from chronic tating diseases like cancer, AIDS, glau- ONDCP and the DEA, more young peo- pain and/or terminal illnesses. coma, spastic disorders, and many This amendment is not about legalizing or ple are now in treatment for marijuana more. We want the Federal Govern- decriminalizing marijuana. dependency than for alcohol or for all ment to get out of our way because our other illegal drugs. This amendment is not about unfettered marijuana growth, distribution or usage. It is State of California passed Proposition This amendment does not address the about regulated, controlled access. 215 in 1996, allowing for the use of mari- problem of marijuana abuse, and I My friends across the aisle seem to forget juana for medical purposes. know and I want to stipulate that it is that this body, this House of Representatives The Members should know that my not the intention of the authors, but it gets its power from the people. In the United mother suffered from glaucoma and possibly makes it worse by sending the States the people empower their government, marijuana relieved her tremendously. message to young people that there are not the reverse. In fact, her favorite Christmas present going to be health benefits for smoking In this country the people have the right to was a tin of marijuana. She is gone marijuana. I think it is confusing to tell government how to govern. now, but I am certain that I speak for young people for the Congress to do In this country the people have the right to her today in asking that those who suf- that. I understand what the authors of petition their government for change. fer from these debilitating diseases get the amendment are trying to do, but it And when that happens, this government, help and can use marijuana if that help would be confusing and I think the this House of Representatives, has an obliga- works. We want the Justice Depart- wrong message. tion to respond. ment to stop punishing those who are

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.087 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4523 abiding by their State laws. Join me in My State and nine other States have Mayo Clinic, marijuana has been used as a supporting this important amendment. by large margins adopted the right of medical treatment for thousands of years. Fur- Mr. WOLF. Mr. Chairman, I reserve people in a regulated way through phy- ther, the use of marijuana for medical pur- the balance of my time. sician prescription to receive medical poses has been proven to be beneficial in the Mr. HINCHEY. Mr. Chairman, I yield marijuana for certain conditions for treatment of glaucoma, cancer, multiple scle- 1 minute to the gentleman from Oregon which there are few other effective or rosis, epilepsy and chronic pain. (Mr. BLUMENAUER). no other effective treatments. Plain Despite various studies and reports by med- Mr. BLUMENAUER. Mr. Chairman, I and simple. ical experts, the U.S. Supreme Court, on Mon- am sorry that the debate on this issue It is not about legalization. You say, day of last week, handed down its rule which is so limited. The gentleman from Cali- well, do not cripple law enforcement. would allow sick patients who rely on mari- fornia (Mr. FARR) was unable to Do we want to divert our limited law juana to relieve pain or to help with their med- present the evidence that the teen use enforcement resources, who cannot ical conditions to be prosecuted under Federal of marijuana, since the approval by the give me a permanent DEA agent to law even if their home State allows use of the State of California, has gone down. And help with the meth epidemic in the drug for such medical purposes. The 6–3 deci- I would put this in the RECORD. rural areas of any district, into chasing sion came as a setback to the medical mari- This is an opportunity for us to clar- around old, sick people growing mari- juana movement, but it does not change the ify that the 10 States, including my juana? I do not think so. That is not laws of the 10 States that allow patients to State of Oregon, which was approved helping law enforcement with their use the drug to ease symptoms. Needless to by the voters, have the right to make mission. say, I am very disappointed with the Court’s sure that the 10,000 people who are Let us focus them on things that are decision. using medical marijuana under the su- a real threat to the American people, To this end, I strongly support the Hinchey pervision of 1,700 doctors have that not on issues that have been decided by amendment. This amendment would prohibit right. It is outrageous that the Federal the people of the various States that the Justice Department from preventing States Government would intervene over the this is something that should be made that have passed medical marijuana laws from rights of States like mine, like Ari- available in a compassionate way to implementing them. Currently ten States have zona, like California where people are help a few people. adopted laws that allow the use of marijuana taking these steps. It is a sorry con- Mr. HINCHEY. Mr. Chairman, I yield for medical purposes: Alaska, California, Colo- tinuation of attempts by this Congress 1 minute to the gentlewoman from rado, Hawaii, Maine, Montana, Nevada, Or- to try to criminalize Oregon’s Death California (Ms. LOFGREN). egon, Vermont, and Washington. These laws with Dignity law, the only State in the Ms. ZOE LOFGREN of California. Mr. were passed to allow the use of marijuana to Union with end-of-life protection, and Chairman, I oppose legalizing mari- relieve the intense pain and other symptoms the sorry spectacle we had here on the juana, but I support this amendment. that accompany several debilitating diseases, floor where Congress was intervening Just like the other voters in California, including aids, cancer, multiple sclerosis, and with the Terry Schiavo family. I do not see why we should prohibit glaucoma. The DEA has conducted numerous I strongly urge the approval of this doctors from providing for pain relief raids on the homes of medical marijuana amendment. for their patients. users, prosecuting patients who were using b 1330 I will talk to you about someone I marijuana, in accordance with State laws, to Mr. HINCHEY. Mr. Chairman, I yield knew. I will call him Mr. X. He had ter- relieve this pain. 1 minute to the gentleman from Ohio minal cancer, and he could not eat, and Before closing, it is important to note that (Mr. KUCINICH). the only thing that could get him an the Hinchey amendment will not change mari- Mr. KUCINICH. Mr. Chairman, this appetite was marijuana. Mr. X, who juana’s classification as a Schedule I narcotic, amendment extends the protections al- was my age, had to go out and buy require States to adopt medical marijuana ready provided at the State level in 10 marijuana illegally. It was so horrible laws, stop law enforcement officials from pros- States to the Federal level. It ensures for him. ecuting the illegal use of marijuana, encourage that critically ill patients can find re- Why should we force the indignity on drug use in children, and legalize marijuana or lief from nausea and pain without wor- terminal cancer patients of having to other drugs. rying that the Federal Government do that? That is why my State voted to I urge my colleagues to support this amend- will prosecute them. The Federal Gov- allow doctors to prescribe marijuana, ment. ernment should use its power to help so that cancer patients who cannot eat Mr. HINCHEY. Mr. Chairman, I yield terminally ill citizens, not arrest them. have the chance to get some nutrition. myself the balance of my time. Compassion ought to require us that For the life of me, I cannot understand Mr. Chairman, let me just say in we look at what we are doing here in why we would interfere with that, and closing that the opposition to this this debate, trying to raise marijuana I strongly, strongly urge, on behalf of amendment today on the floor has pre- to the level of some kind of bogeyman all cancer patients, please support this sented 19th century arguments for a when you have people who are suffering amendment. 21st century problem. from terminal illness, and we are say- Mr. HINCHEY. Mr. Chairman, I yield We have people in this country who ing they should not be provided relief 30 seconds to the gentlewoman from are suffering the debilitating pain that from pain. Texas (Ms. JACKSON-LEE). comes from cancer and chemotherapy. What are we talking about in this Ms. JACKSON-LEE of Texas. Mr. No relief is available to them except by Congress? Where is our compassion? Chairman, I rise to support the amend- association with cannabinoids. That Where is our understanding of what ment. I ask respect for those who op- association should be allowed under a families go through when someone is pose this amendment, but I ask re- doctor’s prescription. That condition suffering from a terminal illness, when spect, kindness and love for those suf- exists now in 10 States across this people are looking for relief from pain? fering with cancer. There is not a fam- country. This Congress says to those 10 We are going to deny that to them be- ily in America that is not touched by States, I am sorry, but you cannot do cause of some shibboleth about mari- this devastating disease. it. We are intervening. juana? Allow the Hinchey amendment to go That should stop. This Congress Let us get real. Let us support the forward, so there can be healing and should not be about inducing pain, en- Hinchey amendment. comfort for those dying of an enor- couraging pain. This Congress should Mr. HINCHEY. Mr. Chairman, I yield mously devastating disease. That is all be about relieving pain in the Amer- 1 minute to the gentleman from Oregon we ask for, and, of course, the protec- ican people. This Congress should be (Mr. DEFAZIO). tion of the 10th amendment, that al- about enlightened medication and an Mr. DEFAZIO. Mr. Chairman, are we lows States to govern the laws of their enlightened health care delivery sys- for States rights or not? I often hear particular jurisdiction, to protect the tem, not one based upon 19th century from that side of the aisle we are for people of their State. Support the Hin- prejudices, biases and a narrow ide- States rights. I guess we are for States chey amendment. ology. rights until we disagree with policies I rise today in support of the Hinchey Med- Let us pass this amendment. Let us adopted by a State. ical Marijuana amendment. According to the be sensible, creative, decent and caring

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.090 H15JNPT1 H4524 CONGRESSIONAL RECORD — HOUSE June 15, 2005 for the American people. Let us pass We do not believe in States rights on TITLE VIII—ADDITIONAL GENERAL this amendment. civil rights questions and others. When PROVISIONS Mr. WOLF. Mr. Chairman, I yield the Federal Government rules, the SEC. 801. None of the funds made available myself such time as I may consume. Court is unanimous. The split decision in this Act for a DNA analysis and capacity Mr. Chairman, let me just respond to the other week was best explained by enhancement program, and for other State, local, and Federal forensic activities, may be what the gentleman said about this Justice Scalia for the majority, who ‘‘narrow ideology.’’ My mom died of used for a grant to a State that does not said that you cannot have intrastate have in effect policies and procedures to en- cancer, my father died of cancer, there and interstate definitions when you are sure that the State collects DNA from every have been many people in my family on dealing with marijuana. felon convicted in the courts of the State. my mother’s side who died of cancer. I, These huge marijuana plantations Mr. WOLF. Mr. Chairman, I reserve a at one time, supported this and that are growing in the State of Cali- point of order against the gentleman’s changed my vote in the Congress be- fornia, which, by the way, there is no amendment. cause I have seen the devastation that limitation on doctors to cancer pa- The CHAIRMAN. Pursuant to the drugs can have on young people, the tients. We had one testify in our com- order of the House of yesterday, the devastation that it is doing to many mittee who gave so-called medical gentleman from California (Mr. SCHIFF) people. marijuana to teenagers for ADD, that and a Member opposed each will con- So people can have differences of doctors prescribe it for fingernail pain. trol 5 minutes. opinion. But when the gentleman uses There is not this restriction on can- The Chair recognizes the gentleman these inflammatory rhetoric of ‘‘nar- cer. It is a bogus debate. California from California (Mr. SCHIFF). row ideology,’’ it is like all truth is on does not have that restriction. These Mr. SCHIFF. Mr. Chairman, I yield their side, I think that is really the huge marijuana plantations, nobody is myself such time as I may consume. wrong tone. This is a serious issue. going after individual doctors except in Mr. Chairman, as a former Federal There are good and decent people on a test case where somebody wants to prosecutor, I understand how the use of both sides. But I think the gentleman’s DNA profiles has become a powerful tone and comments were really not ex- do it. We are going after the people pre- scribing to thousands of people, to the tool in solving crimes. States have actly accurate. taken the lead by expanding the use of I care as much about this issue, and coffee shops that are proliferating in DNA in crime-solving efforts. I care as much about suffering and pain these States where the people were sold The distinguished chairman’s home as the gentleman. I stood with my a bill of goods that they were working in Virginia was the first to pass a DNA mom when she died and with my father with cancer patients, and instead now data bank law in 1989, requiring all when he died. they see the proliferation of coffee Mr. Chairman, I yield the balance of houses, they see the proliferation of convicted sex offenders to provide a my time to the gentleman from Indi- marijuana plantations, with signs up in DNA sample. Since then, Virginia has continued to be a leader in this area, ana (Mr. SOUDER). front of them saying, ‘‘This is all for The CHAIRMAN. The gentleman medical purposes.’’ expanding their law in 1990 to include from Indiana is recognized for 21⁄2 min- We in Congress have a responsibility all convicted felons, and further ex- utes. to lead in this country, not to buy into panding it since. As a result of these Mr. SOUDER. Mr. Chairman, let me college dormitory-type thoughts of laws, Virginia has obtained a stag- state that my mother and father-in-law ‘‘wouldn’t it be great if we called mari- gering 2,747 hits by searching their both recently died of cancer as well. juana medical, and then we could database, solving countless crimes. Compassion is not limited to either smoke pot?’’ Because of the amazing crime-solving side, but there is science and there is That is why the vote has actually de- successes in Virginia, I introduced leg- not science. In fact, the Carbolic clined the last few years here in Con- islation in 2002 seeking to mandate an Smoke Balls and the snake oil is very gress, and after the Supreme Court rul- expansion of State collection regimes similar; getting high is the same as ing last week, I believe it will decline and an expansion of the Federal data- getting splashed. even further, because there is not an base by permitting States like Virginia There are, in fact, medical solutions intrastate. Not only was it previously to upload the increasing number and to what has been talked about today. upheld on interstate, it has now been types of profiles they were obtaining. Serostim deals with wasting in AIDS, upheld on intrastate, with Scalia being At the time only 23 States had en- as does Megestrol, and they have been one of the great conservatives who his- acted legislation requiring DNA from found by FDA to treat the very things torically has stood up for States rights convicted felons. Twenty-seven States, they claim that you want treated explaining the difference very clearly. including my own State of California, today. You do not get high in the proc- I hope Members will join with the were 12 years behind what Virginia had ess, but your pain is relieved. Marinol chairman in voting down this amend- accomplished. Since then, I am pleased treats the vomiting questions and ment. to report that 42 States have passed other questions. It isolates the sub- laws to require DNA from all convicted The CHAIRMAN. The question is on stances in it. There are 200 chemicals felons. It is now time for those last re- the amendment offered by the gen- in marijuana. One gets you high, but maining eight States to come on board. tleman from New York (Mr. HINCHEY). other parts actually can be isolated The U.S. Congress is putting a sig- The question was taken; and the just like in other things. nificant amount of money into DNA Furthermore, we have heard kind of Chairman announced that the noes ap- programs, over $177 million this year a silly argument here on the House peared to have it. alone, with the goal of not just reduc- floor today that physicians should be Mr. HINCHEY. Mr. Chairman, I de- ing backlogs, but also solving and pre- making up FDA law. Physicians do not mand a recorded vote. venting crimes. The eight States that do trials of different drugs when they The CHAIRMAN. Pursuant to clause do not currently collect from all con- come to market. Physicians do not 6 of rule XVIII, further proceedings on victed felons are not obtaining the hits have big testing agencies. That is why the amendment offered by the gen- that they should and are therefore we have a Food and Drug Administra- tleman from New York (Mr. HINCHEY) making the entire system inefficient tion. This is in effect asking to repeal will be postponed. since cross-State matches are not the Food and Drug Administration. AMENDMENT OFFERED BY MR. SCHIFF being made. Then we have kind of a very inter- Mr. SCHIFF. Mr. Chairman, I offer These States must modernize their esting legal argument going on here, an amendment. collection. Since these violent offend- not whether States have rights, but The CHAIRMAN. The Clerk will des- ers know no State boundaries, the fail- when the Federal Government has ignate the amendment. ure to upload these samples puts all ruled, can States nullify a Federal law? The text of the amendment is as fol- citizens at risk, and the Federal Gov- The Supreme Court has always ruled lows: ernment has a compelling interest in unanimously that they do not, ever Amendment offered by Mr. SCHIFF: making it so. since the Civil War. We fought a war At the end of the bill (before the short Statistics show that as many as half over nullification. title), insert the following: of the criminals that commit violent

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.093 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4525 crimes have nonviolent criminal his- vide adequate security for the judiciary and ing ‘‘seven calendar days, which period, upon tories. Therefore, offenders who are re- to protect and uphold the independence of application of the Attorney General, the quired to submit DNA when convicted the judicial branch. Deputy Attorney General, or an Associate of nonviolent felonies will be identified POINT OF ORDER Attorney General, may thereafter be ex- Mr. WOLF. Mr. Chairman, I make a tended by the court for additional periods of as they leave DNA behind later at rape up to 21 calendar days each if the court finds, and murder scenes. point of order. for each application, reasonable cause to be- States originally thought there The CHAIRMAN. The gentleman will lieve that notice of the execution of the war- would be no law enforcement value to state his point of order. rant will endanger the life or physical safety collecting samples from convicted fel- Mr. WOLF. Mr. Chairman, I make a of an individual, result in flight from pros- ons when the crime was not sexual in point of order against the amendment ecution, or result in the destruction of or nature or not particularly violent. because it proposes to change existing tampering with the evidence sought under They were wrong. Virginia’s offender law and constitutes legislation in an the warrant.’’; and hits, primarily from previous non- appropriation bill and therefore vio- (2) by adding at the end the following new subsection: violent and nonsexual convictions, lates clause 2 of rule XXI. ‘‘(c) REPORTS.—(1) On a semiannual basis, have aided over 2,700 investigations, in- The rule states in pertinent part: the Attorney General shall transmit to Con- cluding 15 rapes, 255 murders and 521 ‘‘An amendment to a general appro- gress and make public a report concerning sex crimes. priation bill shall not be in order if all requests for delays of notice, and for ex- Mr. Chairman, I will cite only one of changing existing law.’’ tensions of delays of notice, with respect to the countless examples we have seen of The amendment proposes to state a warrants under subsection (b). the tragic consequences of inadequate legislative provision. ‘‘(2) Each report under paragraph (1) shall The CHAIRMAN. Does any Member include, with respect to the preceding six- DNA collection schemes. Some years month period— ago, four Springfield, Massachusetts, wish to be heard on the point of order? ‘‘(A) the total number of requests for women fell victim to a serial rapist and Mr. SCHIFF. I do, Mr. Chairman. delays of notice with respect to warrants murderer. Mr. Chairman, I will be very brief, under subsection (b); and I appreciate the opportunity to ‘‘(B) the total number of such requests b 1345 speak again on the substance of this granted or denied; and The man who later turned out to be amendment. ‘‘(C) for each request for delayed notice the rapist and murderer had prior non- This is merely a sense of Congress re- that was granted, the total number of appli- violent felony convictions for breaking specting the integrity and the inde- cations for extensions of the delay of notice and entering and for larceny. He was and the total number of such extensions pendence of the judiciary. I know the granted or denied.’’. sentenced to community supervision. If honorable chairman offered a sense of The CHAIRMAN. Pursuant to the Massachusetts at the time had required Congress amendment on Darfur last order of the House of June 14, the gen- him to give a DNA sample after either year to the appropriation bill. This is tleman from Idaho (Mr. OTTER) and a of his 1996 convictions, a DNA match similarly merely a sense of Congress Member opposed each will control 5 could have been obtained after the first amendment asking that we not only rape and murder, thereby preventing minutes. observe the independence of the judici- Mr. WOLF. Mr. Chairman, I reserve a the subsequent three tragedies. Massa- ary, but make sure we provide for the chusetts has since modernized their point of order on the gentleman’s safety of the bench. We just saw an- amendment. law to obtain samples from all con- other shooting today outside of a victed felons. The CHAIRMAN. The gentleman courthouse, and I would ask the chair- from Virginia (Mr. WOLF) reserves a Mr. Chairman, the results speak for man to consider this sense of Congress themselves. DNA databanks are most point of order. much as the one that was offered last The gentleman from Idaho (Mr. effective with the inclusion of at least session. all convicted felons and applied to all OTTER) is recognized for 5 minutes. The CHAIRMAN. Does any further Mr. OTTER. Mr. Chairman, I yield forms of cases. While I will withdraw Member wish to be heard on the point myself such time as I may consume. this amendment, as I know the chair- of order? If not, the Chair is prepared I appreciate the chairman allowing man has a point of order, I intend to to rule. me the opportunity to speak on this introduce legislation to make these The Chair finds that this amendment amendment that I believe renews an important changes and would very expresses legislative sentiment. The important balance between protecting much like to work with the chairman amendment, therefore, constitutes leg- our Nation and confirming the freedom on it. islation in violation of clause 2 of rule on which our Nation was founded. Mr. Chairman, I do have a second XXI. While I realize the language is sub- amendment which I will not speak on The point of order is sustained and ject to a point of order, I believe it is now because the chairman was kind the amendment is not in order. imperative that we have this debate enough to let me speak on it earlier, AMENDMENT NO. 29 OFFERED BY MR. OTTER today. This issue drives to the core of but I would like to take the oppor- Mr. OTTER. Mr. Chairman, I offer an who we hope to be as Americans, and it tunity immediately after consideration amendment. is important to address it on the floor of this amendment to make the formal The CHAIRMAN. The Clerk will des- of this House. offer of that amendment. ignate the amendment. The fourth amendment, which pro- Mr. Chairman, I ask unanimous con- The text of the amendment is as fol- tects us from unreasonable search and sent to withdraw my amendment. seizures by the government, is funda- The CHAIRMAN. Is there objection lows: mental to the Bill of Rights because it to the request of the gentleman from Amendment No. 29 offered by Mr. OTTER: protects our rights to be individual and California? Page 108, after line 7, insert the following: to be private. Its creators, under direc- There was no objection. TITLE VIII—LIMITATION ON AUTHORITY tion, I believe, of their Creator, en- AMENDMENT OFFERED BY MR. SCHIFF TO DELAY NOTICE OF SEARCH WAR- dorsed the principle that it is the gov- Mr. SCHIFF. Mr. Chairman, I offer RANTS ernment’s role to protect that right an amendment. SEC. 801. Section 3103a of title 18, United The CHAIRMAN. The Clerk will des- States Code, is amended— and not to encroach upon it. The idea ignate the amendment. (1) in subsection (b)— of individuality, that each person is The text of the amendment is as fol- (A) in paragraph (1), by striking ‘‘may have created uniquely and with certain in- an adverse result (as defined in section 2705)’’ lows: born rights that government cannot and inserting ‘‘will endanger the life or phys- take away, is the most basic expression Amendment offered by Mr. SCHIFF: ical safety of an individual, result in flight At the end of the bill (preceding the short of who we are as a Nation and a people. from prosecution or the intimidation of a po- That is why I am so concerned about title), insert the following: tential witness, or result in the destruction TITLE VIII—ADDITIONAL GENERAL of or tampering with the evidence sought the way we have expanded the govern- PROVISIONS under the warrant’’; and ment’s power to delay notification of SEC. 8ll. It is the sense of Congress that (B) in paragraph (3), by striking ‘‘a reason- search and seizure of our privacy. The all necessary steps should be taken to pro- able period’’ and all that follows and insert- issue at hand is not when or where or

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.097 H15JNPT1 H4526 CONGRESSIONAL RECORD — HOUSE June 15, 2005 how often these warrants are used, but One of the arguments is that success The Clerk will redesignate the that the government holds these broad has been proven that these easy-to-ob- amendment. and sweeping powers at all. tain search warrants have produced The Clerk redesignated the amend- It is important to know that we are success in catching certain criminals, ment. safe and secure within the borders of but that does not prove that we could RECORDED VOTE this country. But Americans can only not have done it legitimately by fol- The CHAIRMAN. A recorded vote has be secure with their liberties, and lowing the fourth amendment; so we do been demanded. Americans are only safe, if they are not know whether they would not have A recorded vote was ordered. free. been caught or not. Another thing is; The vote was taken by electronic de- I understand that ‘‘sneak and peek’’ does sacrificing security and liberty vice, and there were—ayes 31, noes 396, warrants were used before the passage ever justify more catching of so-called not voting 6, as follows: of the PATRIOT Act, and I recognize criminals? What if we had a total po- [Roll No. 251] that the courts have upheld their use lice state? What if we turned our whole AYES—31 in limited and extraordinary cir- country into a concentration camp? We cumstances, but this does not justify could make sure there would be no Ackerman Holden Payne the serious steps taken by the USA PA- Barrow Israel Porter crimes whatsoever. Bishop (NY) Kelly Ramstad TRIOT Act to erode away the protec- The trade-off is too great. We should Boswell Kucinich Renzi tions offered by the fourth amendment. never trade off safety and security for Bradley (NH) Lowey Rothman By broadening the use of ‘‘sneak and our liberties, and I think that is what Carson McIntyre Strickland peek’’ warrants and making them the Conyers Menendez Towns we have done with the PATRIOT Act. Davis (IL) Murphy Vela´ zquez standard rather than the exception, the Green, Gene Owens I want to congratulate the gentleman Weiner PATRIOT Act threatens our liberties for bringing this to our attention; and, Hastings (FL) Pallone Higgins Pascrell that are given us by our Creator and hopefully, we will eventually protect protected under our Constitution. the fourth amendment. NOES—396 That is why I am offering this Mr. OTTER. Mr. Chairman, might I Abercrombie Coble Gilchrest amendment today. My amendment nar- inquire as to the time left. Aderholt Cole (OK) Gillmor rows the scope of ‘‘sneak and peek’’ The CHAIRMAN. The gentleman Akin Conaway Gingrey and brings back the judicial oversight Alexander Cooper Gohmert from Idaho has 30 seconds remaining. Allen Costa Gonzalez that was built into our Constitution Mr. OTTER. Mr. Chairman, I yield Andrews Costello Goode and is the balance of power in our gov- myself the remaining time. Baca Cox Goodlatte ernment. It more carefully defines the Bachus Cramer Gordon I would like to close by saying that Baird Crenshaw Granger very specific circumstances in which a those people that the gentleman from Baker Crowley Graves ‘‘sneak and peek’’ warrant can be used. Texas (Mr. PAUL) talked about are the Baldwin Cubin Green (WI) It also employs the notification pro- same people that believe that side- Barrett (SC) Culberson Green, Al Bartlett (MD) Cummings Grijalva cedure upheld by most courts before walks cause rain. They believe that the USA PATRIOT Act. If we are going Barton (TX) Cunningham Gutierrez this PATRIOT Act has truly cut down Bass Davis (AL) Gutknecht to codify this already questionable tac- on crime. Bean Davis (CA) Hall tic, should we not at least limit it to Americans have a right to security Beauprez Davis (FL) Harman the practice established by the courts Becerra Davis (KY) Harris not only in their persons and their Berkley Davis (TN) Hart before the USA PATRIOT Act? property, but their civil liberties as Berman Davis, Jo Ann Hastings (WA) This debate is even more critical this well. Though I must withdraw my Berry Davis, Tom Hayes year, as we will soon be deliberating re- Biggert Deal (GA) Hayworth amendment, I am hopeful that we can authorization of parts of the USA PA- Bilirakis DeFazio Hefley work together during the upcoming TRIOT Act. While this amendment Bishop (GA) DeGette Hensarling days and weeks in reauthorization de- Bishop (UT) Delahunt Herger may not be in order today, I implore bate to offer security to the American Blackburn DeLauro Herseth my colleagues to give this issue the Blumenauer DeLay Hinchey people without changing the essence of consideration it deserves when the re- Blunt Dent Hinojosa what it means to be an American. Boehlert Diaz-Balart, L. Hobson authorization bill does come to the Mr. Chairman, I ask unanimous con- Boehner Diaz-Balart, M. Hoekstra floor. Bonilla Dicks Holt sent to withdraw my amendment. As Americans, it is our fundamental Bonner Dingell Honda The CHAIRMAN. Is there objection belief that each of us is ultimately re- Bono Doggett Hooley to the request of the gentleman from Boozman Doolittle Hostettler sponsible for safeguarding our freedom Idaho? Boren Doyle Hoyer and our safety. It is our obligation, Boucher Drake Hulshof There was no objection. nay, our duty, Mr. Chairman, as citi- Boustany Dreier Hunter zens of this great Nation, to see that no SEQUENTIAL VOTES IN THE COMMITTEE OF THE Boyd Duncan Inglis (SC) WHOLE Brady (PA) Edwards Inslee one, not even our own government, is The CHAIRMAN. Pursuant to clause Brady (TX) Ehlers Issa allowed to take these freedoms and re- Brown (OH) Emanuel Istook 6 of rule XVIII, proceedings will now sponsibilities away. Brown (SC) Emerson Jackson (IL) Mr. Chairman, I reserve the balance resume on those amendments on which Brown, Corrine Engel Jackson-Lee further proceedings were postponed in Brown-Waite, English (PA) (TX) of my time. Ginny Eshoo Jefferson Mr. WOLF. Mr. Chairman, we still re- the following order: Burgess Etheridge Jenkins serve a point of order. amendment offered by Mr. WEINER of Burton (IN) Evans Jindal Mr. OTTER. Mr. Chairman, I yield 1 New York; amendment offered by Mr. Butterfield Everett Johnson (CT) INSLEE of Washington; amendment of- Buyer Farr Johnson (IL) minute to the gentleman from Texas Calvert Fattah Johnson, E. B. (Mr. PAUL). fered by Mr. HAYWORTH of Arizona; Camp Feeney Johnson, Sam Mr. PAUL. Mr. Chairman, I thank amendment offered by Mr. FLAKE of Cannon Ferguson Jones (NC) Arizona; and an amendment offered by Cantor Filner Jones (OH) the gentleman for yielding me this Capito Fitzpatrick (PA) Kanjorski time. I want to compliment the gen- Mr. HINCHEY of New York. Capps Flake Kaptur tleman for bringing this amendment to The Chair will reduce to 5 minutes Capuano Foley Keller the floor, and I want to express my dis- the time for any electronic vote after Cardin Forbes Kennedy (MN) the first vote in this series. Cardoza Ford Kennedy (RI) appointment if it is ruled out of order Carnahan Fortenberry Kildee because this is such an important AMENDMENT OFFERED BY MR. WEINER Carter Fossella Kilpatrick (MI) issue. The CHAIRMAN. The pending busi- Case Foxx Kind The fourth amendment is worth ness is the demand for a recorded vote Castle Frank (MA) King (IA) Chabot Franks (AZ) King (NY) fighting for. The Founders of the coun- on the amendment offered by the gen- Chandler Frelinghuysen Kingston try thought it was literally worth tleman from New York (Mr. WEINER) Chocola Gallegly Kirk fighting for, and yet I see us here in on which further proceedings were Clay Garrett (NJ) Kline Cleaver Gerlach Knollenberg the Congress willing to sacrifice it too postponed and on which the noes pre- Clyburn Gibbons Kolbe easily. vailed by voice vote.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.102 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4527 Kuhl (NY) Ney Shaw Mr. MELANCON. Mr. Chairman, on rollcall NOES—248 LaHood Northup Shays Abercrombie Frelinghuysen Langevin Norwood Sherman No. 251, Had I been on the floor, I would have Nunes Aderholt Gallegly Lantos Nunes Sherwood voted ‘‘no.’’ Nussle Akin Garrett (NJ) Larsen (WA) Nussle Shimkus Obey Alexander Gibbons Larson (CT) Obey Shuster AMENDMENT OFFERED BY MR. INSLEE Osborne Baker Gilchrest Latham Olver Simmons Otter The CHAIRMAN. The pending busi- Barrett (SC) Gillmor LaTourette Ortiz Simpson Owens Bartlett (MD) Gingrey Leach Osborne Skelton ness is the demand for a recorded vote Oxley Barton (TX) Gohmert Lee Otter Slaughter on the amendment offered by the gen- Pastor Beauprez Goode Levin Oxley Smith (NJ) Paul tleman from Washington (Mr. INSLEE) Berkley Goodlatte Lewis (CA) Pastor Smith (TX) Pearce Berman Granger Lewis (GA) Paul Smith (WA) on which further proceedings were Pence Berry Graves Lewis (KY) Pearce Snyder postponed and on which the noes pre- Peterson (PA) Biggert Green (WI) Linder Pelosi Sodrel Petri vailed by voice vote. Bishop (GA) Gutknecht Lipinski Pence Solis Pickering Bishop (UT) Hall LoBiondo Peterson (MN) Souder The Clerk will redesignate the Pitts Blackburn Hart Lofgren, Zoe Peterson (PA) Spratt Pombo amendment. Blunt Hastings (WA) Lucas Petri Stark Porter Boehlert Hayes Lungren, Daniel Pickering Stearns The Clerk redesignated the amend- Price (GA) Boehner Hayworth E. Pitts Stupak ment. Pryce (OH) Bonilla Hensarling Lynch Platts Sullivan Putnam Bonner Herger Mack Poe Sweeney RECORDED VOTE Radanovich Bono Herseth Maloney Pombo Tancredo Rahall Boozman Hinojosa Manzullo Pomeroy Tanner The CHAIRMAN. A recorded vote has Ramstad Boren Hobson Marchant Price (GA) Tauscher been demanded. Regula Boswell Hoekstra Markey Price (NC) Taylor (MS) Rehberg Boustany Holden Marshall Pryce (OH) Taylor (NC) A recorded vote was ordered. Reichert Brady (PA) Hostettler Matheson Putnam Terry Renzi The CHAIRMAN. This will be a 5- Brady (TX) Hulshof Matsui Radanovich Thomas Reyes minute vote. Brown (SC) Hunter McCarthy Rahall Thompson (CA) Reynolds Brown, Corrine Inglis (SC) McCaul (TX) Rangel Thompson (MS) Rogers (AL) The vote was taken by electronic de- Burgess Issa McCollum (MN) Regula Thornberry Rogers (KY) vice, and there were—ayes 177, noes 248, Burton (IN) Istook McCotter Rehberg Tiahrt Rogers (MI) Buyer Jenkins McCrery Reichert Tiberi not voting 8, as follows: Rohrabacher Calvert Johnson (IL) McDermott Reyes Tierney Ros-Lehtinen [Roll No. 252] Camp Johnson, Sam McGovern Reynolds Turner Ross Cannon Jones (NC) McHenry Rogers (AL) Udall (CO) Royce AYES—177 Cantor Kanjorski McHugh Rogers (KY) Udall (NM) Ryan (WI) Capito Keller McKeon Rogers (MI) Upton Ackerman Harman Nadler Ryun (KS) Carnahan Kilpatrick (MI) McKinney Rohrabacher Van Hollen Allen Harris Napolitano Sabo Carson King (IA) McMorris Ros-Lehtinen Visclosky Andrews Hastings (FL) Neal (MA) Salazar Carter King (NY) McNulty Ross Walden (OR) Baca Hefley Olver Sanchez, Loretta Chabot Kingston Meehan Roybal-Allard Walsh Baird Higgins Ortiz Saxton Chandler Kirk Meek (FL) Royce Wamp Baldwin Hinchey Pallone Schwarz (MI) Chocola Knollenberg Meeks (NY) Ruppersberger Wasserman Barrow Holt Pascrell Sensenbrenner Clyburn Kolbe Mica Rush Schultz Bass Honda Payne Serrano Coble Kuhl (NY) Michaud Ryan (OH) Waters Bean Hooley Pelosi Shadegg Cole (OK) LaHood Millender- Ryan (WI) Watson Becerra Hoyer Peterson (MN) Shaw Conaway Latham McDonald Ryun (KS) Watt Bilirakis Inslee Platts Sherman Cooper LaTourette Sherwood Miller (MI) Sabo Waxman Bishop (NY) Israel Poe Costa Leach Shuster Miller (NC) Salazar Weldon (FL) Blumenauer Jackson (IL) Pomeroy Cox Lewis (CA) Simpson Miller, Gary Sa´ nchez, Linda Weldon (PA) Boucher Jackson-Lee Price (NC) Cramer Lewis (KY) Smith (NJ) Miller, George T. Weller Boyd (TX) Rangel Crenshaw Linder Smith (TX) Mollohan Sanchez, Loretta Westmoreland Bradley (NH) Jefferson Rothman Cubin Lofgren, Zoe Snyder Moore (KS) Sanders Wexler Brown (OH) Jindal Roybal-Allard Brown-Waite, Johnson (CT) Culberson Lucas Sodrel Moore (WI) Saxton Whitfield Ruppersberger Ginny Johnson, E. B. Cunningham Lungren, Daniel Souder Moran (KS) Schakowsky Wicker Rush Butterfield Kaptur Davis (AL) E. Stearns Moran (VA) Schiff Wilson (NM) Ryan (OH) Capps Kelly Davis (KY) Lynch Sullivan Murtha Schwartz (PA) Wilson (SC) Sa´ nchez, Linda Capuano Kennedy (MN) Davis (TN) Manzullo Sweeney Musgrave Schwarz (MI) Wolf T. Cardin Kennedy (RI) Davis, Jo Ann Marchant Tancredo Myrick Scott (GA) Woolsey Sanders Case Kildee Davis, Tom Markey Taylor (NC) Nadler Scott (VA) Wu Schakowsky Castle Kind Deal (GA) Matheson Terry Napolitano Sensenbrenner Wynn Schiff Clay Kline DeLay McCotter Thomas Neal (MA) Serrano Young (AK) Schwartz (PA) Cleaver Kucinich Dent McCrery Thompson (MS) Neugebauer Shadegg Young (FL) Scott (GA) Conyers Langevin Diaz-Balart, L. McHenry Thornberry Scott (VA) NOT VOTING—6 Costello Lantos Diaz-Balart, M. McHugh Tiahrt Shays Doolittle McKeon Tiberi Cuellar Melancon Oberstar Crowley Larsen (WA) Simmons Drake McMorris Turner Hyde Miller (FL) Sessions Cummings Larson (CT) Davis (CA) Lee Skelton Dreier Mica Udall (CO) Slaughter ANNOUNCEMENT BY THE CHAIRMAN Davis (FL) Levin Duncan Miller (FL) Upton Davis (IL) Lewis (GA) Smith (WA) Emerson Miller, Gary Visclosky The CHAIRMAN (during the vote). DeFazio Lipinski Solis English (PA) Mollohan Walden (OR) Members are advised that there are 2 DeGette LoBiondo Spratt Etheridge Moore (KS) Walsh minutes remaining in this vote. Delahunt Lowey Stark Evans Moran (KS) Wamp DeLauro Mack Strickland Everett Moran (VA) Weldon (FL) Dicks Maloney Stupak Feeney Murphy Weller b 1417 Dingell Marshall Tanner Ferguson Murtha Westmoreland Tauscher Messrs. GEORGE MILLER of Cali- Doggett Matsui Flake Musgrave Whitfield Doyle McCarthy Taylor (MS) Foley Myrick Wicker fornia, GUTIERREZ, ENGEL, Edwards McCaul (TX) Thompson (CA) Forbes Neugebauer Wilson (NM) MICHAUD, BERRY, BUTTERFIELD, Ehlers McCollum (MN) Tierney Fortenberry Ney Wilson (SC) ROGERS of Alabama, JACKSON of Illi- Emanuel McDermott Towns Foxx Northup Wolf Engel McGovern Udall (NM) Franks (AZ) Norwood Young (AK) nois, Ms. SCHWARTZ of Pennsylvania, Van Hollen Eshoo McIntyre NOT VOTING—8 Mrs. BONO, Mr. MCGOVERN, Mrs. Farr McKinney Vela´ zquez NAPOLITANO, Mr. LOBIONDO and Mr. Fattah McNulty Wasserman Bachus Hyde Sessions FORD changed their vote from ‘‘aye’’ Filner Meehan Schultz Cardoza Jones (OH) Shimkus Fitzpatrick (PA) Meek (FL) Waters Cuellar Oberstar to ‘‘no.’’ Ford Meeks (NY) Watson ANNOUNCEMENT BY THE CHAIRMAN So the amendment was rejected. Fossella Melancon Watt The result of the vote was announced Frank (MA) Menendez Waxman The CHAIRMAN (during the vote). as above recorded. Gerlach Michaud Weiner Members are advised there are 2 min- Gonzalez Millender- Weldon (PA) utes remaining in this vote. Stated against: Gordon McDonald Wexler Mr. MILLER of Florida. Mr. Chairman on Green, Al Miller (MI) Woolsey b 1426 Green, Gene Miller (NC) Wu rollcall No. 251, I was unavoidably detained. Grijalva Miller, George Wynn Mr. SHAYS changed his vote from Had I been present, I would have voted ‘‘no.’’ Gutierrez Moore (WI) Young (FL) ‘‘no’’ to ‘‘aye.’’

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.034 H15JNPT1 H4528 CONGRESSIONAL RECORD — HOUSE June 15, 2005 Mr. BERMAN changed his vote from Conaway Kaptur Putnam on the amendment offered by the gen- Conyers Kennedy (MN) Radanovich ‘‘aye’’ to ‘‘no.’’ Cooper Kennedy (RI) Rahall tleman from Arizona (Mr. FLAKE) on So the amendment was rejected. Costa Kildee Rangel which further proceedings were post- The result of the vote was announced Costello Kilpatrick (MI) Regula poned and on which the noes prevailed as above recorded. Cramer Kind Rehberg by voice vote. Crenshaw King (NY) Reichert AMENDMENT NO. 33 OFFERED BY MR. HAYWORTH Crowley Kirk Reyes The Clerk will redesignate the The CHAIRMAN. The pending busi- Culberson Kline Reynolds amendment. Cummings Knollenberg Rogers (KY) ness is the demand for a recorded vote Davis (AL) Kolbe Rogers (MI) The Clerk redesignated the amend- on the amendment offered by the gen- Davis (CA) Kucinich Ros-Lehtinen ment. AYWORTH Davis (FL) LaHood Ross tleman from Arizona (Mr. H ) RECORDED VOTE on which further proceedings were Davis (IL) Langevin Rothman Davis (TN) Lantos Roybal-Allard The CHAIRMAN. A recorded vote has postponed and on which the noes pre- Davis, Tom Larsen (WA) Ruppersberger vailed by voice vote. DeFazio Larson (CT) Rush been demanded. The Clerk will redesignate the DeGette Latham Ryan (OH) A recorded vote was ordered. Delahunt LaTourette Ryan (WI) amendment. DeLauro Leach Ryun (KS) The CHAIRMAN. This will be a 5- The Clerk redesignated the amend- DeLay Lee Sabo minute vote. ment. Dent Levin Salazar The vote was taken by electronic de- Diaz-Balart, L. Lewis (CA) Sa´ nchez, Linda RECORDED VOTE Dicks Lewis (GA) T. vice, and there were—ayes 210, noes 216, The CHAIRMAN. A recorded vote has Dingell Lipinski Sanchez, Loretta not voting 7, as follows: been demanded. Doggett Lofgren, Zoe Sanders Doolittle Lowey Saxton [Roll No. 254] A recorded vote was ordered. Doyle Lungren, Daniel Schakowsky AYES—210 The CHAIRMAN. This will be a 5- Dreier E. Schiff minute vote. Edwards Lynch Schwartz (PA) Abercrombie Gordon Moran (VA) Ehlers Maloney Schwarz (MI) Ackerman Graves Nadler The vote was taken by electronic de- Emanuel Markey Scott (GA) Allen Green, Al Napolitano vice, and there were—ayes 124, noes 304, Engel Marshall Scott (VA) Baca Green, Gene Neal (MA) not voting 5, as follows: English (PA) Matheson Serrano Baird Grijalva Ney Eshoo Matsui Shays Baldwin Gutierrez Obey [Roll No. 253] Etheridge McCarthy Sherman Barrow Harman Olver AYES—124 Evans McCollum (MN) Sherwood Bass Herseth Ortiz Farr McCrery Shimkus Bean Higgins Osborne Akin Goodlatte Murphy Fattah McDermott Simmons Becerra Hinchey Otter Bachus Graves Musgrave Ferguson McGovern Simpson Berman Hinojosa Owens Baker Green (WI) Neugebauer Filner McHugh Skelton Berry Holden Pastor Barrett (SC) Green, Gene Ney Fitzpatrick (PA) McKeon Slaughter Biggert Holt Paul Bartlett (MD) Gutknecht Norwood Flake McKinney Smith (WA) Bishop (GA) Honda Payne Barton (TX) Hall Nussle Ford McNulty Snyder Bishop (NY) Hooley Pelosi Bilirakis Hart Otter Fortenberry Meehan Solis Blumenauer Hostettler Peterson (MN) Bishop (UT) Hastings (WA) Paul Frank (MA) Meek (FL) Spratt Boehlert Hoyer Peterson (PA) Bonilla Hayes Peterson (MN) Frelinghuysen Meeks (NY) Stark Bonner Inglis (SC) Pomeroy Bonner Hayworth Peterson (PA) Gallegly Melancon Strickland Bono Inslee Price (NC) Bono Hefley Petri Gerlach Menendez Stupak Boozman Israel Rahall Brown (SC) Hensarling Platts Gilchrest Michaud Sullivan Boren Jackson (IL) Ramstad Brown-Waite, Herger Poe Gillmor Millender- Sweeney Boswell Jackson-Lee Rangel Ginny Hostettler Pombo Gingrey McDonald Tanner Boucher (TX) Reyes Burgess Hulshof Price (GA) Gonzalez Miller (MI) Tauscher Brady (PA) Jefferson Ross Burton (IN) Hunter Ramstad Gordon Miller (NC) Thomas Brown (OH) Johnson (CT) Roybal-Allard Buyer Istook Renzi Granger Miller, George Thompson (CA) Brown (SC) Johnson (IL) Ruppersberger Calvert Jenkins Rogers (AL) Green, Al Mollohan Thompson (MS) Butterfield Johnson, E. B. Rush Cannon Jindal Rohrabacher Grijalva Moore (KS) Tiahrt Camp Jones (OH) Ryan (OH) Carter Johnson, Sam Royce Gutierrez Moore (WI) Tierney Capps Kanjorski Ryan (WI) Chabot Jones (NC) Harman Moran (VA) Towns Capuano Kaptur Sabo Coble Keller Sensenbrenner Harris Murtha Turner Cardin Kennedy (RI) Sa´ nchez, Linda Cubin Kelly Shadegg Hastings (FL) Myrick Udall (CO) Carson Kildee T. Cunningham King (IA) Shaw Herseth Nadler Udall (NM) Castle Kilpatrick (MI) Sanchez, Loretta Davis (KY) Kingston Shuster Higgins Napolitano Van Hollen Clay Kind Sanders Davis, Jo Ann Kuhl (NY) Smith (NJ) Hinchey Neal (MA) Vela´ zquez Clyburn Kolbe Schakowsky Deal (GA) Lewis (KY) Smith (TX) Hinojosa Northup Visclosky Conyers Kucinich Schwartz (PA) Diaz-Balart, M. Linder Sodrel Hobson Nunes Walden (OR) Cooper LaHood Schwarz (MI) Drake LoBiondo Souder Hoekstra Obey Walsh Costa Langevin Scott (GA) Duncan Lucas Stearns Holden Olver Wasserman Costello Lantos Scott (VA) Emerson Mack Tancredo Holt Ortiz Schultz Cramer Larsen (WA) Serrano Everett Manzullo Taylor (MS) Honda Osborne Waters Crowley Larson (CT) Shays Feeney Marchant Taylor (NC) Hooley Owens Watson Cubin Leach Sherman Foley McCaul (TX) Terry Hoyer Oxley Watt Cummings Lee Shimkus Forbes McCotter Thornberry Inglis (SC) Pallone Waxman Davis (CA) Levin Slaughter Fossella McHenry Tiberi Inslee Pascrell Weiner Davis (FL) Lewis (GA) Smith (WA) Foxx McIntyre Upton Israel Pastor Weldon (FL) Davis (IL) Lipinski Snyder Franks (AZ) McMorris Wamp Issa Payne Weldon (PA) Davis (TN) Lofgren, Zoe Solis Garrett (NJ) Mica Westmoreland Jackson (IL) Pearce Weller DeFazio Lowey Spratt Gibbons Miller (FL) Whitfield Jackson-Lee Pelosi Wexler DeGette Lynch Stark Gohmert Miller, Gary Young (AK) (TX) Pence Wicker Delahunt Maloney Strickland Goode Moran (KS) Young (FL) Jefferson Pickering Wilson (NM) DeLauro Markey Stupak Dicks Marshall Tanner NOES—304 Johnson (CT) Pitts Wilson (SC) Johnson (IL) Pomeroy Wolf Dingell Matheson Tauscher Abercrombie Bishop (GA) Butterfield Johnson, E. B. Porter Woolsey Doggett Matsui Taylor (MS) Ackerman Bishop (NY) Camp Jones (OH) Price (NC) Wu Doyle McCarthy Thompson (CA) Aderholt Blackburn Cantor Kanjorski Pryce (OH) Wynn Edwards McCollum (MN) Thompson (MS) Alexander Blumenauer Capito Ehlers McDermott Tierney Allen Blunt Capps NOT VOTING—5 Emanuel McGovern Towns Andrews Boehlert Capuano Cox Hyde Sessions Emerson McKinney Udall (CO) Baca Boehner Cardin Cuellar Oberstar Eshoo McNulty Udall (NM) Baird Boozman Cardoza Etheridge Meehan Upton Baldwin Boren Carnahan Evans Meeks (NY) Van Hollen Barrow Boswell Carson b 1434 Everett Michaud Vela´ zquez Bass Boucher Case So the amendment was rejected. Farr Millender- Visclosky Bean Boustany Castle Fattah McDonald Waters Beauprez Boyd Chandler The result of the vote was announced Filner Miller (NC) Watson Becerra Bradley (NH) Chocola as above recorded. Flake Miller, George Watt Berkley Brady (PA) Clay AMENDMENT OFFERED BY MR. FLAKE Ford Mollohan Waxman Berman Brady (TX) Cleaver Frank (MA) Moore (KS) Weiner Berry Brown (OH) Clyburn The CHAIRMAN. The pending busi- Gillmor Moore (WI) Woolsey Biggert Brown, Corrine Cole (OK) ness is the demand for a recorded vote Gonzalez Moran (KS) Wynn

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.114 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4529 NOES—216 tleman from New York (Mr. HINCHEY) Cramer Jenkins Platts Crenshaw Jindal Poe Aderholt Gilchrest Nussle on which further proceedings were Cubin Johnson, Sam Pombo Akin Gingrey Oxley postponed and on which the noes pre- Culberson Jones (NC) Pomeroy Alexander Gohmert Pallone Cummings Keller Price (GA) Andrews Goode Pascrell vailed by voice vote. Cunningham Kelly Pryce (OH) Bachus Goodlatte Pearce The Clerk will redesignate the Davis (AL) Kennedy (MN) Putnam Baker Granger Pence amendment. Davis (KY) King (IA) Radanovich Barrett (SC) Green (WI) Petri The Clerk redesignated the amend- Davis (TN) King (NY) Rahall Bartlett (MD) Gutknecht Pickering Davis, Jo Ann Kingston Ramstad Barton (TX) Hall Pitts ment. Davis, Tom Kirk Regula Beauprez Harris Platts RECORDED VOTE Deal (GA) Kline Reichert Berkley Hart Poe DeLay Knollenberg Renzi Bilirakis Hastings (FL) Pombo The CHAIRMAN. A recorded vote has Dent Kolbe Reyes Bishop (UT) Hastings (WA) Porter been demanded. Diaz-Balart, L. Kuhl (NY) Reynolds Blackburn Hayes Price (GA) A recorded vote was ordered. Diaz-Balart, M. LaHood Rogers (AL) Blunt Hayworth Pryce (OH) The CHAIRMAN. This will be a 5- Dicks Langevin Rogers (KY) Boehner Hefley Putnam Dingell Larsen (WA) Rogers (MI) Bonilla Hensarling Radanovich minute vote. Doolittle Latham Ros-Lehtinen Boustany Herger Regula The vote was taken by electronic de- Drake LaTourette Ross Boyd Hobson Rehberg vice, and there were—ayes 161, noes 264, Dreier Leach Ryan (WI) Bradley (NH) Hoekstra Reichert Duncan Levin Ryun (KS) Brown, Corrine Hulshof Renzi not voting 8, as follows: Edwards Lewis (CA) Salazar Brown-Waite, Hunter Reynolds [Roll No. 255] Ehlers Lewis (KY) Saxton Ginny Issa Rogers (AL) Emerson Linder Schwartz (PA) Burgess Istook Rogers (KY) AYES—161 English (PA) Lipinski Schwarz (MI) Burton (IN) Jenkins Rogers (MI) Abercrombie Higgins Owens Etheridge LoBiondo Sensenbrenner Buyer Jindal Rohrabacher Ackerman Hinchey Pallone Everett Lucas Shadegg Calvert Johnson, Sam Ros-Lehtinen Allen Holt Pascrell Ferguson Lungren, Daniel Shaw Cannon Jones (NC) Rothman Andrews Honda Pastor Fitzpatrick (PA) E. Shays Cantor Keller Royce Baca Hooley Paul Foley Lynch Sherwood Capito Kelly Ryun (KS) Baird Hoyer Payne Forbes Mack Shimkus Cardoza Kennedy (MN) Salazar Baldwin Inslee Pelosi Ford Manzullo Shuster Carnahan King (IA) Saxton Bartlett (MD) Israel Porter Fortenberry Marchant Skelton Carter King (NY) Schiff Beauprez Jackson (IL) Price (NC) Fossella Marshall Smith (NJ) Case Kingston Sensenbrenner Becerra Jackson-Lee Rangel Foxx Matheson Smith (TX) Chabot Kirk Shadegg Berkley (TX) Rehberg Franks (AZ) McCaul (TX) Snyder Chandler Kline Shaw Berman Jefferson Rohrabacher Frelinghuysen McCotter Sodrel Chocola Knollenberg Sherwood Bishop (GA) Johnson (CT) Rothman Gallegly McCrery Souder Cleaver Kuhl (NY) Shuster Bishop (NY) Johnson (IL) Roybal-Allard Gerlach McHenry Spratt Coble Latham Simmons Blumenauer Johnson, E. B. Royce Gibbons McHugh Stearns Cole (OK) LaTourette Simpson Boucher Jones (OH) Ruppersberger Gillmor McIntyre Stupak Conaway Lewis (CA) Skelton Brady (PA) Kanjorski Rush Gingrey McKeon Sullivan Cox Lewis (KY) Smith (NJ) Brown (OH) Kaptur Ryan (OH) Gohmert McMorris Sweeney Crenshaw Linder Smith (TX) Brown, Corrine Kennedy (RI) Sabo Goode Mica Tanner Culberson LoBiondo Sodrel Butterfield Kildee Sa´ nchez, Linda Goodlatte Miller (FL) Taylor (MS) Cunningham Lucas Souder Capps Kilpatrick (MI) T. Gordon Miller (MI) Taylor (NC) Davis (AL) Lungren, Daniel Stearns Capuano Kind Sanchez, Loretta Granger Miller (NC) Terry Davis (KY) E. Sullivan Cardin Kucinich Sanders Graves Miller, Gary Thomas Davis, Jo Ann Mack Sweeney Carnahan Lantos Schakowsky Green (WI) Mollohan Thompson (MS) Davis, Tom Manzullo Tancredo Carson Larson (CT) Schiff Green, Gene Moore (KS) Thornberry Deal (GA) Marchant Taylor (NC) Case Lee Gutknecht Moran (KS) Tiahrt DeLay McCaul (TX) Terry Clay Lewis (GA) Scott (GA) Hall Murphy Tiberi Dent McCotter Thomas Cleaver Lofgren, Zoe Scott (VA) Harris Murtha Turner Diaz-Balart, L. McCrery Thornberry Costa Lowey Serrano Hart Musgrave Upton Diaz-Balart, M. McHenry Tiahrt Crowley Maloney Sherman Hastings (WA) Myrick Visclosky Doolittle McHugh Turner Davis (CA) Markey Simmons Hayes Neugebauer Walden (OR) Drake McIntyre Walden (OR) Davis (FL) Matsui Simpson Hayworth Ney Walsh Dreier McKeon Walsh Davis (IL) McCarthy Slaughter Hefley Northup Wamp Duncan McMorris Wamp DeFazio McCollum (MN) Smith (WA) Hensarling Norwood Wasserman Engel Meek (FL) Wasserman DeGette McDermott Solis Herger Nunes Schultz English (PA) Melancon Schultz Delahunt McGovern Stark Herseth Nussle Weldon (FL) Feeney Menendez Weldon (FL) DeLauro McKinney Strickland Hinojosa Ortiz Weldon (PA) Ferguson Mica Weldon (PA) Doggett McNulty Tancredo Hobson Osborne Weller Fitzpatrick (PA) Miller (FL) Weller Doyle Meehan Tauscher Hoekstra Oxley Westmoreland Foley Miller (MI) Westmoreland Emanuel Meek (FL) Thompson (CA) Holden Pearce Whitfield Forbes Miller, Gary Wexler Engel Meeks (NY) Tierney Hostettler Pence Wicker Fortenberry Murphy Whitfield Eshoo Melancon Towns Hulshof Peterson (MN) Wilson (NM) Fossella Murtha Wicker Evans Menendez Udall (CO) Hunter Peterson (PA) Wilson (SC) Foxx Musgrave Wilson (NM) Farr Michaud Udall (NM) Inglis (SC) Petri Wolf Franks (AZ) Myrick Wilson (SC) Fattah Millender- Van Hollen Issa Pickering Young (AK) Frelinghuysen Neugebauer Wolf Filner McDonald Vela´ zquez Istook Pitts Young (FL) Gallegly Northup Wu Flake Miller, George Waters Gerlach Norwood Young (AK) Frank (MA) Moore (WI) Watson NOT VOTING—8 Gibbons Nunes Young (FL) Gilchrest Moran (VA) Watt Gonzalez Nadler Waxman Conyers Feeney Oberstar NOT VOTING—7 Green, Al Napolitano Weiner Cox Garrett (NJ) Sessions Cuellar Hyde Brady (TX) Hyde Tiberi Grijalva Neal (MA) Wexler Cuellar Oberstar Gutierrez Obey Woolsey ANNOUNCEMENT BY THE CHAIRMAN Garrett (NJ) Sessions Harman Olver Wu Hastings (FL) Otter Wynn The CHAIRMAN (during the vote). ANNOUNCEMENT BY THE CHAIRMAN Members are advised 2 minutes remain The CHAIRMAN (during the vote). NOES—264 in this vote. There are 2 minutes remaining in this Aderholt Boehner Calvert Akin Bonilla Camp b 1451 vote. Alexander Bonner Cannon Bachus Bono Cantor Mr. FORD changed his vote from b 1442 Baker Boozman Capito ‘‘aye’’ to ‘‘no.’’ Mr. CLEAVER changed his vote from Barrett (SC) Boren Cardoza Barrow Boswell Carter Mr. BACA changed his vote from ‘‘aye’’ to ‘‘no.’’ Barton (TX) Boustany Castle ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. Bass Boyd Chabot So the amendment was rejected. The result of the vote was announced Bean Bradley (NH) Chandler Berry Brady (TX) Chocola The result of the vote was announced as above recorded. Biggert Brown (SC) Clyburn as above recorded. AMENDMENT OFFERED BY MR. HINCHEY Bilirakis Brown-Waite, Coble Mr. WOLF. Mr. Chairman, I move to The CHAIRMAN. The pending busi- Bishop (UT) Ginny Cole (OK) strike the last word. Blackburn Burgess Conaway ness is the demand for a recorded vote Blunt Burton (IN) Cooper Mr. TOM DAVIS of Virginia. Mr. on the amendment offered by the gen- Boehlert Buyer Costello Chairman, will the gentleman yield?

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.031 H15JNPT1 H4530 CONGRESSIONAL RECORD — HOUSE June 15, 2005 Mr. WOLF. I yield to the gentleman For Democracy that when there is an- And the response she got from NASA from Virginia. other grant application, that applica- was, Well, we do not know; we have Mr. TOM DAVIS of Virginia. Mr. tion should be met so she has that op- never done this before. Chairman, I rise to engage in a col- portunity for freedom. One of the first things that I did in loquy with the gentleman from Vir- Mr. TOM DAVIS of Virginia. Mr. 2003 after I showed up as a new Member ginia (Mr. WOLF), the chairman of the Chairman, will the gentleman yield? of Congress is I attended a memorial subcommittee, and the gentleman from Mr. WOLF. I yield to the gentleman service for the Columbia astronauts. Maryland (Mr. RUPPERSBERGER) on an from Virginia. Certainly, spending money by NASA on important issue regarding democracy Mr. TOM DAVIS of Virginia. Mr. a performance artist and a artist-in- in Venezuela. Chairman, moving to one other matter, residence program does nothing to Mr. Chairman, 2 weeks ago, several it is my understanding that the 2006 make sure that the shuttle program Members of Congress went to Ven- Science, State, Justice and Commerce gets back into space and prevents such ezuela and heard about the intimida- Appropriations bill requires agencies to tragedies in the future. tion by the Venezuelan Government of notify the Committee on Appropria- Now $20,000 may not seem like much a democracy advocate named Maria tions 15 days before funds are repro- in the Halls of Congress; but to the av- Corina Machado. Ms. Machado is the grammed to implement e-government erage American family, it is a signifi- leader of Sumate, a Venezuelan non- initiatives. cant amount of money. I wish I could governmental electoral watchdog. Cur- As the chairman of the authorizing say that NASA is boldly wasting tax- rently, she is charged by the Ven- committee with jurisdiction over the payer money where no agency has ezuelan Government for accepting il- E-Government Act, and in fact I was wasted it before, but I am afraid that licit foreign financial contributions one of the authors of the E-Govern- the artist-in-residence program is just from our own National Endowment For ment Act, I would ask the gentleman a symptom of a bigger problem. Democracy. from Virginia (Mr. WOLF) if he will Recently, the Heritage Foundation Recently, Ms. Machado was invited share information that he obtains with identified $386 billion of waste, fraud, to the White House to see the Presi- the Committee on Government Reform and abuse in government spending. dent and share her concerns about the on the funding and implementation of Every American business and every endangered state of democracy in Ven- e-government initiatives in this bill so American family must make hard deci- ezuela. This Congress should stand be- we could be so advised. sions to stand by their budget and hind Ms. Machado and support the Mr. WOLF. Mr. Chairman, yes, I eliminate wasteful funding, and the growth of democracy in Venezuela. would be happy to provide the Com- Federal Government should be no dif- Mr. WOLF. Mr. Chairman, I thank mittee on Government Reform with in- ferent and NASA should not be spend- the gentleman from Virginia (Mr. TOM formation received from the adminis- ing taxpayer dollars on a performance DAVIS). tration regarding e-government initia- artist. I encourage all of my colleagues Mr. RUPPERSBERGER. Mr. Chair- tives. to support this amendment. man, will the gentleman yield? AMENDMENT NO. 1 OFFERED BY MR. CHOCOLA Mr. WOLF. Mr. Chairman, will the Mr. WOLF. I yield to the gentleman Mr. CHOCOLA. Mr. Chairman, I offer gentleman yield? from Maryland. an amendment. Mr. CHOCOLA. I yield to the gen- Mr. RUPPERSBERGER. Mr. Chair- The CHAIRMAN. The Clerk will des- tleman from Virginia. man, I concur with the gentleman’s in- ignate the amendment. Mr. WOLF. Mr. Chairman, I think terpretation of the difficult situation The text of the amendment is as fol- this is a good amendment and I accept in Venezuela. Sumate has been one lows: it. Venezuelan institution that has been Amendment No. 1 offered by Mr. CHOCOLA: Mr. CHOCOLA. Mr. Chairman, I re- willing and able to monitor the anti- Page 108, after line 7, insert the following: serve the balance of my time. democratic behavior of the Venezuelan TITLE VIII—ADDITIONAL GENERAL Mr. MOLLOHAN. Mr. Chairman, I Government. It has been able to bring PROVISIONS move to strike the last word. the attention of the world to the de- SEC. 801. None of the funds made available Mr. Chairman, I rise not in opposi- cline in democracy in that country. by this Act may be used by the National Aer- tion, I am going to agree to the amend- Mr. Chairman, this Congress should onautics and Space Administration to em- ment, but I would like to have some be supporting democratic institutions ploy any individual under the title ‘‘artist in comment before I do. in Venezuela and those individuals residence’’. Mr. Chairman, I think this is a re- fighting on the side of democracy. Does The CHAIRMAN. Pursuant to the grettable amendment for a number of the gentleman from Virginia agree? order of the House of June 14, the gen- reasons. Mr. WOLF. Mr. Chairman, I do. I tleman from Indiana (Mr. CHOCOLA) and First of all, it involves an awfully lit- thank the gentleman from Virginia a Member opposed each will control 5 tle bit of money. Secondly, I think it (Mr. TOM DAVIS) and the gentleman minutes. sends a really bad signal. Indeed, one of from Maryland (Mr. RUPPERSBERGER) The Chair recognizes the gentleman NASA’s missions is to inspire; and it for their statements and leadership. from Indiana (Mr. CHOCOLA). has had an arts program, a very small I think by their speaking today it Mr. CHOCOLA. Mr. Chairman, I yield arts program since 1962. Such lumi- sends a message to the world with re- myself such time as I may consume. naries as Norman Rockwell have par- gard to the importance of us promoting Mr. Chairman, I thank the gentleman ticipated in it over the years. democracy and freedom in Venezuela. from Virginia (Mr. WOLF) for his good It is in furtherance of part of NASA’s Democracy and human rights, whether work on this bill. I also appreciate the mission. NASA’s mission is to inspire, it be in Venezuela or any place else, are opportunity to offer this amendment. to educate. Indeed, in the education basic fundamental freedoms that must This amendment is really about theme of NASA’s FY 2006 budget, it always be preserved and supported. prioritizing spending and fiscal respon- states: ‘‘To develop the next generation The United States should always sibility. Over the last 2 years, NASA of explorers, NASA must do its part to stand with those fighting for those has spent $20,000 for an artist-in-resi- inspire and motivate students to pur- freedoms. The United States should dence program. My amendment is de- sue careers in science and technology continue to send a clear message to ev- signed to prevent or limit that practice and engineering and in mathematics.’’ eryone that we will stand with people in the future. like Ms. Machado and others like her Mr. Chairman, nowhere in NASA’s b 1500 who speak out for democracy. mission does it say anything about ad- A part of it is connectivity. One of I think what the gentleman from Vir- vancing fine arts or hiring a perform- the ways NASA has done that, if any- ginia (Mr. TOM DAVIS) and the gen- ance artist. In fact, Laurie Anderson, one has visited its facilities, is through tleman from Maryland (Mr. the person that was chosen to perform beautiful murals and other art initia- RUPPERSBERGER) have done is send a the role of a performance artist, when tives. This particular initiative that message to the world. They have sent a she was called to be offered the job, she the gentleman is speaking to is the ap- message to the National Endowment said, Sure, what do I do? pointment of Laurie Anderson as an

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.121 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4531 artist-in-residence, which is another mission of NASA is not wise spending already growing backlog of cases which phase, if you will, in NASA’s arts pro- of taxpayer dollars. have yet to be investigated. gram. It is a worthy program. It has I appreciate the chairman’s support Mr. Chairman, I wish I could say that developed over those years since 1962 of this amendment. since the passage of employment anti- an awful lot of memorable artworks. Mr. Chairman, I yield back the bal- discrimination laws that discrimina- There is no reason to believe that this ance of my time. tion has been eliminated in the work- initiative, which is so modest in na- The CHAIRMAN. The question is on place, but the truth is discrimination ture, would do anything but further en- the amendment offered by the gen- still exists. Job applicants are all too hance the arts program at NASA. tleman from Indiana (Mr. CHOCOLA). frequently judged on the basis of their Again, it is so small that it is just min- The amendment was agreed to. skin color. Women are still subjected uscule. I am afraid the amendment AMENDMENT OFFERED BY MRS. JONES OF OHIO to sexual harassment. Persons with really represents more art bashing Mrs. JONES of Ohio. Mr. Chairman, I disabilities are passed over for employ- than it does good fiscal policy. offer an amendment. ment even when they have the nec- Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN. The Clerk will des- essary skills. Chairman, will the gentleman yield? ignate the amendment. I hope my colleagues will join me in Mr. MOLLOHAN. I yield to the gen- The text of the amendment is as fol- voting in favor of the Jones-Capps tlewoman from Texas. lows: amendment so that we can ensure that Ms. JACKSON-LEE of Texas. As a Amendment offered by Mrs. JONES of Ohio: our constituents will continue to find a member of the Committee on Science, Page 108, after line 7, insert the following resource available to them which will might I just say to the gentleman, he title: protect them from discrimination in could not be more correct as relates to TITLE VIII—ADDITIONAL GENERAL the workplace. a tool of inspiration. Let me also em- PROVISIONS Mr. WOLF. Mr. Chairman, I yield phasize that the Committee on Science SEC. 801. None of the funds made available myself such time as I may consume. works in a bipartisan way on edu- in this Act may be used to close or consoli- I can assure the gentlewoman that cation, helping to educate young peo- date any office of the Equal Employment Op- the committee has been closely fol- ple or encourage young people to par- portunity Commission or to make any reduc- lowing EEOC’s plan to reorganize over ticipate or to be interested in math and tions in the number of full-time officers or the last 3 years. The committee has employees in any such office, or to reduce science. the number of full-time officers or employees even asked the Government Account- One of the key issues happens to be serving as supervisors, management offi- ability Office to evaluate EEOC’s pro- girls in math and science and for them cials, mediators, examiners, investigators, or posals to reposition the agency with a to be unafraid of those disciplines. This attorneys in such office, as part of any work- particular focus on the National Con- kind of inspirational film that was first force repositioning, restructuring, or reorga- tact Center pilot project. I just asked shown internationally and then shown nizing of the Commission that is authorized the staff. GAO has not come back yet, nationally is the kind of very small in- under law. and they are not late. We just asked vestment that seeks to inspire simi- The CHAIRMAN. Pursuant to the them to do this last year. larly as young people were inspired in order of the House of June 14, the gen- Also we have language in the bill on the 1960s, led by President John F. Ken- tlewoman from Ohio (Mrs. JONES) and page 78 that says, ‘‘Provided further, nedy and Camelot, speaking about our the gentleman from Virginia (Mr. That the Commission may take no ac- ability to travel into space. WOLF) each will control 5 minutes. tion to implement any workforce repo- I am disappointed that we would The Chair recognizes the gentle- sitioning, restructuring, or reorganiza- focus $20,000 on this very positive ef- woman from Ohio (Mrs. JONES). tion until such time as the Committees fort. I would hope that we would think Mrs. JONES of Ohio. Mr. Chairman, I on Appropriations have been notified of of this in a different manner. I would yield myself such time as I may con- such proposals in accordance with the hope that boys and girls and young sume. reprogramming provisions of section people across America who are decid- First of all, I want to thank the gen- 605 of this act.’’ ing to go into the sciences and get tlewoman from California (Mrs. CAPPS) The gentleman from West Virginia graduate degrees and Ph.D.s and for cosponsoring this amendment. Our and myself would look at that before might, I say particularly those in the amendment deals with the issue of the they could go ahead. It really does, Hispanic and African American com- Equal Employment Opportunity Com- though, unnecessarily restrict the munity, which we work on in a bipar- mission. I am a former trial lawyer for agency’s ability to restructure. We will tisan way on the Science Committee, the EEOC and also want to add the be glad to work with the gentlewoman Historically Black Colleges, Hispanic- name of the gentlewoman from the Dis- and listen to her, but I think just to ac- serving institutions, I would hope that trict of Columbia (Ms. NORTON) as a cept this amendment now would really they would still have an opportunity to supporter of this amendment. She be wrong, particularly with the lan- see an inspiring film such as this one, would be here, but she had another guage that we currently have in this and that NASA would not be limited piece of legislation to work on. bill that provides that the Committee from investing in educational projects Mr. Chairman, I yield 11⁄2 minutes to on Appropriations can stop any reorga- that will generate millions of dollars in the gentlewoman from California (Mrs. nization, or they have to come up to research and opportunity for our CAPPS). the committee before they move ahead. youth. Mrs. CAPPS. I thank my good col- I oppose the amendment. Mr. CHOCOLA. Mr. Chairman, I yield league from Ohio for yielding me this Mr. Chairman, I reserve the balance myself such time as I may consume. time. of my time. Mr. Chairman, this is not an art- Mr. Chairman, for 40 years the Equal Mrs. JONES of Ohio. Mr. Chairman, I bashing amendment. Nothing could be Employment Opportunity Commission thank the gentleman from Virginia so further from the truth. It is simply a has been charged with ensuring that all much for the support he has given me fiscal responsibility amendment. We citizens get a fair shot in the work- with regard to repositioning of the must make decisions on how to place, but now the Chair of the Com- EEOC, but the issue is so important to prioritize spending. NASA will con- mission is pushing a reorganization the people that I represent that I must tinue to have an art program. They plan which may seriously compromise continue to argue my amendment. have an art curator. They have an edu- the agency’s ability to protect employ- Mr. Chairman, I yield 11⁄2 minutes to cation program with a chief education ees from discrimination. This plan has the gentleman from North Carolina officer. The ability to communicate had neither hearing nor review by this (Mr. WATT), the chair of the Congres- the mission of NASA and the benefits body. Nevertheless, the administration sional Black Caucus. of space exploration are still intact proposal is that many offices will be Mr. WATT. Mr. Chairman, I thank fully. But we have to make hard deci- downgraded while others will experi- the gentlewoman for yielding me this sions. Having an artist-in-residence ence an increase in jurisdiction and time. that produces a play that has minimal, workload without a comparable in- In the Congressional Black Caucus’ if any, relationship to NASA and the crease in staff. This is in addition to an agenda that we rolled out on January

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.126 H15JNPT1 H4532 CONGRESSIONAL RECORD — HOUSE June 15, 2005 27 of this year, one of the things that The CHAIRMAN. The time of the District of Indiana ruled that the pres- we said was we cannot take a step back gentlewoman has expired. ence of a monument depicting the Ten in the employment area, and that one Mr. WOLF. Mr. Chairman, I yield Commandments in Gibson County of the important things that we have myself such time as I may consume. amounts to a government establish- to have is aggressive enforcement of I rise in opposition to the amend- ment of religion because, as he stated, the employment discrimination laws of ment. I understand what the gentle- the display ‘‘is in violation of the Es- the Nation. woman is trying to do. I again want to tablishment Clause of the first amend- It was shocking to us when on May 13 remind Members, though, that the lan- ment to the United States Constitu- of this year, we received notice that on guage in the bill prohibits them from tion.’’ May 16, the EEOC was planning to vote moving ahead until they come to the This decision is inconsistent with on a restructuring proposal. We imme- Committee on Appropriations. So I op- both the clear intent of the framers diately sent out a letter to the EEOC pose the language because the language and the Christian heritage of the saying, please do not reduce the num- unnecessarily restricts the agency’s United States, which was recounted by ber of district offices from 23 to 15 or ability to restructure itself to meet the the Supreme Court in 1892. While it is downgrade the field offices and reduce ever-changing needs of its constitu- true this opinion is consistent with the number of attorneys’ positions, be- ency. We will listen to the gentle- more recent Supreme Court decisions, cause that could have a substantial woman, but an outright ban on closing it is time that Congress exercise its au- negative effect on the enforcement of or consolidating offices does not seem thority to end the practical effect of our employment discrimination laws. responsible in this tight budgetary re- this judicial misunderstanding. My The last thing we need is to take a step quirement. We know that the EEOC is amendment would prevent any funds back from enforcement. We need to be currently managing in a tight budget, from being used to enforce this uncon- taking more aggressive steps to pro- and I think tying their hands could ac- stitutional and unlawful judgment. vide more employment opportunities, tually make the matters worse. The local Fraternal Order of Eagles not taking steps backwards. I am sure the gentlewoman is going placed the monument on the Gibson We think this amendment is abso- to move ahead with her amendment. I County courthouse lawn in 1956. Clear- lutely critical. On behalf of the 42 think that is fine. We will work with ly, this generous gift to the community House Members of the Congressional her if she wins. God bless her. If she is not the equivalent of Congress pass- Black Caucus, I urge my colleagues to loses, the gentleman from West Vir- ing a law to establish a national reli- support this amendment and abso- ginia (Mr. MOLLOHAN) and I will work gion. lutely guarantee that no action can be to make sure that before we approve Mr. Chairman, here are the facts: taken on this restructuring proposal. any reprogramming, we talk to her and Federal statute says, ‘‘Except as other- Mrs. JONES of Ohio. Mr. Chairman, I also let her see what the GAO says wise provided by law or Rule of Proce- yield myself the balance of my time. dure, the United States Marshals Serv- As I said, I served as a trial lawyer when they come up with their report. ice shall execute all lawful writs, proc- for the Equal Employment Opportunity Mr. Chairman, I yield back the bal- ess, and orders issued under the author- Commission in the Cleveland district ance of my time. ity of the United States . . . ’’ office. As a part of that responsibility, The CHAIRMAN. The question is on Since this ruling by the Southern we were required to oversee parts of the amendment offered by the gentle- District Court in Indiana is not a law- Kentucky, parts of Cincinnati, and sev- woman from Ohio (Mrs. JONES). ful decision consistent with the Con- eral other areas. It is very, very impor- The question was taken; and the stitution, I will utilize Congress’s arti- tant that a sufficient number of work- Chairman announced that the noes ap- cle I, section 8 power of the purse to ers are available to handle EEOC cases. peared to have it. The other thing that is so very im- Mrs. JONES of Ohio. Mr. Chairman, I prevent any funding from being used by portant is the fact that training in the demand a recorded vote. the U.S. Marshals Service to remove laws of EEOC are very important. It is The CHAIRMAN. Pursuant to clause the Ten Commandments monument. my understanding that there is a pro- 6 of rule XVIII, further proceedings on Mr. Chairman, the Founders of this posal to put in place in area offices the amendment offered by the gentle- great Nation foresaw the problem of temporary workers to answer the woman from Ohio (Mrs. JONES) will be courts imposing their own political phone who have no experience in EEOC postponed. views through their judgments and laws or litigating or being able to ad- AMENDMENT NO. 21 OFFERED BY MR. wrote about it. vise persons calling in. That is the rea- HOSTETTLER In promoting the adoption of the U.S. son that I would offer the amendment Mr. HOSTETTLER. Mr. Chairman, I Constitution, Alexander Hamilton that says that none of the funds made offer an amendment. wrote in Federalist No. 78: ‘‘Whoever available in this act may be used to The CHAIRMAN. The Clerk will des- attentively considers the different de- close or consolidate any office of the ignate the amendment. partments of power must perceive that Equal Employment Opportunity Com- The text of the amendment is as fol- in a government in which they are sep- mission, or to make any reductions to lows: arated from each other, the judiciary the number of full-time officers or em- Amendment No. 21 offered by Mr. . . . is beyond comparison the weakest ployees in any such office, or to reduce HOSTETTLER: of the three departments of power; ‘‘The judiciary . . . has no influence the number of full-time officers or em- Page 108, after line 7, insert the following: over either the sword or the purse, no ployees serving as supervisors. TITLE VIII—MISCELLANEOUS Currently the caseload of the EEOC SEC. 801. None of the funds appropriated in direction either of the strength or of continues to rise at the same time we this Act may be used to enforce the judg- the wealth of the society, and can take are reducing the number of workers ment of the United States District Court for no active resolution whatever. It may available to try, litigate or even con- the Southern District of Indiana in the case truly be said to have neither force nor of Russelburg v. Gibson County, decided Jan- solidate or settle some of these cases. will but merely judgment . . . ’’ uary 31, 2005. Mr. Chairman, given the fact that b 1515 The CHAIRMAN. Pursuant to the the judiciary has neither force nor will, I thank the gentleman from Virginia order of the House of June 14, the gen- it is left to the executive and the legis- (Mr. WOLF), chairman, and other mem- tleman from Indiana (Mr. HOSTETTLER) lative branches to exert that force and bers of the committee for the support and a Member opposed each will con- will. they have given me with regard to the trol 5 minutes. Time and again I am sure that my EEOC, but I would continue to say this The Chair recognizes the gentleman fellow Members of Congress are asked area is so very important, we cannot from Indiana (Mr. HOSTETTLER). about unconstitutional decisions made afford to sit down on the issue. Mr. HOSTETTLER. Mr. Chairman, I by the Federal courts, and many of us Mr. Chairman, just for the record, I yield myself such time as I may con- say there is nothing we can do. That would like to thank my staffer Terence sume. answer is inconsistent with our Con- Houston for all the work he has done In Russelburg v. Gibson County, a stitution and the vision of our Found- on this issue. Federal district judge in the Southern ers. We can do something.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.131 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4533 And, Mr. Chairman, that is not only Mr. NADLER. Mr. Chairman, I rise to gress, as interpreted by the courts, my opinion and the opinion of the claim the time in opposition to the must be enforced. framers of the Constitution and the au- amendment. If that is not the case, if the court’s thors of the Federalist Papers. It is The CHAIRMAN. The gentleman determination of what the law is is not also the opinion of a rather noted ju- from New York (Mr. NADLER) is recog- the final arbiter, which we had that rist by the name of John Marshall. nized for 5 minutes. once in our history, then the final arbi- Many in this body may recall that Mr. Mr. NADLER. Mr. Chairman, I yield ter becomes the cannons and the guns. Marshall was actually Chief Justice of myself such time as I may consume. The rule of law must be supreme in the United States Supreme Court. Mr. Chairman, the issue in this this country. While he served as Chief Justice of the amendment has nothing to do with the During the Clinton impeachment, we Supreme Court, he had an occasion to Ten Commandments. It has nothing to heard from the other side of the aisle correspond with an Associate Justice, do with whether the Ten Command- about the rule of law. We disagreed Samuel Chase. ments, or a sculpture of them, I as- with the rule of law dictated, but here It seems that Justice Chase was the sume, should be removed from wher- there can be no question. The court or- object of impeachment proceedings in ever it is in Indiana. The issue in this ders must be enforced, and anyone who the House of Representatives for, amendment is should Congress prohibit says that we shall not spend money to among other things, suggesting that the enforcement of a decree of a Fed- enforce a court order because I do not Federal judiciary could disregard the eral court. There is nothing more fun- like that particular court order or we clear intent of the legislature when damental to the rule of law in this do not agree with that particular court considering cases before his court. country that once a Federal court order is subversive of liberty, subver- Chief Justice Marshall asserted to issues a decision, sometimes it may be sive of the Constitution, subversive of Justice Chase that there was a superior appealable, but once there is a final every human right, and subversive of mechanism for the legislature to con- court order, that is the law. the very notion of American liberty sider over that of impeachment when Chief Justice Marshall said in and democracy. the Congress disapproved of the opin- Marbury v. Madison 200 years ago, and This amendment should not be ion of the Federal judiciary. Marshal I know that the gentleman from Indi- agreed to. stated: ‘‘I think the modern doctrine of ana stated he thinks that case was Mr. Chairman, I reserve the balance impeachment should yield to an appel- wrongly decided, and he is entitled to of my time. late jurisdiction in the legislature. A his opinion, but it is the foundation of The CHAIRMAN. The Chair would re- reversal of those legal opinions deemed law in this country that it is emphati- mind Members that the gentleman unsound by the legislature would cer- cally the duty of the judiciary to say from New York (Mr. NADLER) has 1 tainly better comport with the mild- what the law is. minute remaining, and the gentleman If Congress wants to change the law, ness of our character than would a re- from Indiana (Mr. HOSTETTLER) has 30 that is our prerogative. If we want to moval of the judge who has rendered seconds remaining and he has the right begin the process of amending the Con- them unknowing of his fault.’’ to close. stitution, that is our prerogative. But Mr. NADLER. Mr. Chairman, I yield Marshall’s Pulitzer Prize-winning bi- in terms of interpreting what the law ographer, Albert Beveridge, observes of back the balance of my time. is, what the Constitution commands, Mr. HOSTETTLER. Mr. Chairman, I this assertion made by Marshall 11 what the law passed pursuant to the yield myself such time as I may con- months after Marbury v. Madison: Constitution says, that is the job of the sume. ‘‘Marshall thus suggested the most rad- courts. To fail to enforce court orders, There have been the terms ‘‘subver- ical method for correcting judicial de- to arrogate to this body the right to sive’’ and ‘‘subversion’’ used a lot in cisions ever advanced, before or since, say that we do not like a particular de- the gentleman’s remarks. I would sim- by any man of the first class. Appeals cision, we do not agree with the court’s ply like to point the gentleman to the from the Supreme Court to Congress. interpretation of the Constitution, we very words of the individual he be- Senators and Representatives to be the do not agree with the court’s interpre- lieved he was quoting from earlier in final judges of any judicial decision tation of a law that we passed, there- that the final word by Chief Justice with which a majority of the House fore they may not enforce the law, is to Marshall, while he was Chief Justice of was dissatisfied.’’ say that we are no longer a Nation of the United States Supreme Court, is Mr. Chairman, today is a great op- laws. It is to say that we are no longer very clear. It may be considered by the portunity for us to exercise that very a Nation governed by a Constitution. gentleman from New York to be sub- authority ‘‘advanced’’ by Chief Justice This amendment is subversive in the versive, but it is quite clear. John Mar- Marshall concerning the legislature extreme. If we can adopt this amend- shall said: ‘‘I think the modern doc- vis-a-vis the judiciary. ment saying that we shall not enforce trine of impeachment should yield to After this vote, Mr. Chairman, our the decision ‘‘no funds herein appro- an appellate jurisdiction in the legisla- constituents will ask us, Congressman, priated may be used to enforce the de- ture. A reversal of those legal opinions do we have a voice in these most funda- cision of the court,’’ in this particular deemed unsound by the legislature mental decisions, or are we condemned instance in the Southern District of In- would certainly better comport with to wait on a new Supreme Court Jus- diana, then we can pass a bill that says the mildness of our character than tice who may or may not inject com- we shall not enforce a decision of the would a removal of the judge who has mon sense into the judiciary’s opin- court that says so and so may not go to rendered them unknowing of his fault.’’ ions? jail or so and so must go to jail or any- Let us today preserve the subversion And we will be able to tell them, Yes, thing else. of Chief Justice John Marshall and you do have a say. The Constitution No Member of this House who be- allow this amendment. explicitly provides it. And venerated lieves in the rule of law should vote for The CHAIRMAN. The gentleman’s jurists such as John Marshall have this amendment. The subject matter time has expired. ‘‘advanced’’ it. on which it is specifically aimed, the The question is on the amendment This legislation is where we fund any particular decision of the court, is not offered by the gentleman from Indiana executive agency that would enforce relevant. When President Eisenhower (Mr. HOSTETTLER). the Southern District Court of Indi- was faced in Little Rock, Arkansas, in The question was taken; and the ana’s judgment in this case. My amend- 1957 with a question of sending in U.S. Chairman announced that the noes ap- ment would prevent any funds within marshals to enforce the decree of the peared to have it. that act from being used to enforce the court in desegregating Little Rock Mr. HOSTETTLER. Mr. Chairman, I erroneous decision in Russelburg v. High School, he did not approve of that demand a recorded vote, and pending Gibson County, and I ask my col- decision. His biographers tell us he was that, I make the point of order that a leagues to support the amendment. not happy with it. But he sent in the quorum is not present. Mr. Chairman, I reserve the balance U.S. marshals because the law, as de- The CHAIRMAN. Pursuant to clause of my time. creed by the courts, as passed by Con- 6 of rule XVIII, further proceedings on

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.135 H15JNPT1 H4534 CONGRESSIONAL RECORD — HOUSE June 15, 2005 the amendment offered by the gen- This would protect the due process Ms. JACKSON-LEE of Texas. Yes. tleman from Indiana (Mr. HOSTETTLER) rights of the petitioner. The proportion Mr. WOLF. Mr. Chairman, I thank will be postponed. of affirmances without opinion decided her for bringing this to our attention. The point of no quorum is considered by a single board member has increased Ms. JACKSON-LEE of Texas. Mr. withdrawn. from 10 percent to over 50 percent of all Chairman, I would like to yield to the AMENDMENT NO. 23 OFFERED BY MS. JACKSON- board decisions beginning immediately chairman. This is a colloquy that is be- LEE OF TEXAS after the new rules were proposed. fore him. Ms. JACKSON-LEE of Texas. Mr. Part, of course, of the reason is because Mr. WOLF. Mr. Chairman, if the gen- Chairman, I offer an amendment. of the overwhelming number of cases. tlewoman will yield further, I do not The CHAIRMAN. The Clerk will des- At the same time, the proportion of have a colloquy before me. We are ignate the amendment. cases that are favorable to the alien de- aware of the amendment. The gentle- The text of the amendment is as fol- creased. Prior to proposing the proce- woman makes some valid points. What lows: dure reforms, one in four cases were de- I told the staff to say is we would work Amendment No. 23 offered by Ms. JACKSON- cided in favor of the opinion. Since to see what could be done with regard LEE of Texas: then, only 1 in 10 is decided in favor of to the filing. But I understand the gen- At the end of the bill (preceding the short the alien, and there is no opinion, just tlewoman is withdrawing the amend- title), insert the following: an affirmation. ment. TITLE VIII—ADDITIONAL GENERAL It is important to note that a wide Ms. JACKSON-LEE of Texas. Mr. PROVISIONS number of organizations and academics Chairman, reclaiming my time, I am SEC. 8ll. None of the funds made avail- in immigration law believe that these withdrawing it with the idea that it is able in this Act may be used to facilitate the affirmances without opinion by single- an important issue, and I hope that the issuance of affirmances by single members of member review has created bad legal committee can work together with me the Board of Immigration Appeals (BIA) and administrative precedent and an on this issue, because, as I indicated in without an accompanying opinion. incentive to rubber-stamp immigration my earlier remarks, the importance of The CHAIRMAN. Pursuant to the judges’ decisions. Affirmance without fighting for a system of legal immigra- order of the House of June 14, the gen- opinion is much faster and easier than tion that shows due diligence is as im- tlewoman from Texas (Ms. JACKSON- writing a decision and creates an in- portant as it is for fighting against il- LEE) and a Member opposed each will centive, whether conscious or uncon- legal immigration. control 5 minutes. scious, for board members to meet case Mr. WOLF. Mr. Chairman, I move to The Chair recognizes the gentle- processing guidelines by affirming re- strike the last word. woman from Texas (Ms. JACKSON-LEE). moval orders, notwithstanding the Mr. Chairman, we will work with the Ms. JACKSON-LEE of Texas. Mr. merits of the appeal. The rights of the gentlewoman. As we understand more Chairman, I yield myself such time as petitioner and due process requires a and learn about it, we will keep good I may consume. thorough review. That is what the ap- faith and work with the gentlewoman, I look forward to working with the peals process is all about. and also the gentleman from West Vir- ranking member and the chairman of Moreover, intellectual rigor in deci- ginia (Mr. MOLLOHAN). the subcommittee, and I want to thank sionmaking may be diminished because Ms. JACKSON-LEE of Texas. Mr. them again for their courtesies as well board members no longer need to ar- Chairman, I ask unanimous consent to as their staffs’ courtesies in working ticulate the basis for their decisions. withdraw my amendment. through some of the issues that we find They need only to decide whether they The CHAIRMAN. Is there objection very troubling and important to ad- agree with the result ultimately to the request of the gentlewoman dress in this appropriation. reached by the immigration judge. A from Texas? My amendment at the desk is one panel of three board members is far There was no objection. that I offer dealing with the Board of more likely to catch an error below AMENDMENT NO. 15 OFFERED BY MR. SANDERS Immigration Appeals affirmances, than a single board member. Mr. SANDERS. Mr. Chairman, I offer which I intend to subsequently with- In the immigration context, there is an amendment. draw, and I would like to enter into a only one administrative hearing before The CHAIRMAN. The Clerk will des- colloquy with the chairman as well as the case reaches the board. Other ad- ignate the amendment. the ranking member of the sub- ministrative agencies that employ sin- The text of the amendment is as fol- committee on this important issue. gle-member review have several layers lows: It relates to the administrative re- of administrative process. That is why Amendment No. 15 offered by Mr. SANDERS: view and appeals and immigration-re- it is important to change or to look At the end of the bill (before the short lated activities referenced in title I of into this procedure at the Bureau of title), insert the following new title: this act. This matter is near and dear Immigration Appeals. TITLE VIII—ADDITIONAL GENERAL to many who understand the impor- Single-member review makes it dif- PROVISIONS ficult for the board itself to determine tance of the Board of Immigration Ap- SEC. 801. None of the funds made available peals. whether its members are making er- in this Act may be used to make an applica- I believe that we should withhold rors. The courts of appeal, when such tion under section 501 of the Foreign Intel- funds in the act for programs that review is available, similarly lack ligence Surveillance Act of 1978 (50 U.S.C. would facilitate the issuance of guidance when reviewing the decisions 1861) for an order requiring the production of affirmances by single members of the of the immigration judges and the library circulation records, library patron Board of Immigration Appeals, the board. lists, book sales records, or book customer BIA, without an opinion. This would Now I would like to reaffirm my posi- lists. protect the petitioner for immigration tion, which is to suggest that the idea The CHAIRMAN. Pursuant to the review by ensuring that their $110 fil- of a de novo hearing in the Federal Dis- order of the House of June 14, 2005, the ing fee does not leave them with a sim- trict Court and the Court of Appeals is gentleman from Vermont (Mr. SAND- ple ‘‘affirmed’’ with no basis for a deci- an option that should be considered im- ERS) and a Member opposed each will sion. portant by giving the Bureau, if you control 20 minutes. will, more substance in its determina- The Chair recognizes the gentleman 1530 b tion. from Vermont (Mr. SANDERS). That means they have nothing to Mr. WOLF. Mr. Chairman, will the Mr. SANDERS. Mr. Chairman, I yield rely upon at a subsequent time. This gentlewoman yield? myself 3 minutes and 40 seconds. really goes to the question of legal im- Ms. JACKSON-LEE of Texas. I yield Mr. Speaker, along with the gen- migration, and it goes to the question to the gentleman from Virginia. tleman from Idaho (Mr. OTTER), the of ensuring that we are vigorous in pro- Mr. WOLF. Mr. Chairman, it is my gentleman from Michigan (Mr. CON- tecting and fighting for legal immigra- understanding that the gentlewoman is YERS), the gentleman from Texas (Mr. tion as we are for fighting against ille- withdrawing the amendment; is that PAUL), the gentleman from New York gal immigration. accurate? (Mr. NADLER) and the gentleman from

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.137 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4535 New Mexico (Mr. UDALL), I am again the person whose records it seeks is en- the recent case of Olympic Park bomb- offering the freedom to read amend- gaged in criminal activities. The sim- er Eric Rudolph, a grand jury served a ment. This tripartisan amendment, ple truth is that the FBI could spy on subpoena on a bookseller to obtain which has the support of progressives, a person because they do not like the records showing that Rudolph had pur- conservatives and people of all polit- books she reads or because she wrote a chased a book giving instructions on ical stripes, would prevent the Justice letter to the editor critical of govern- how to build a particularly unusual Department and the FBI from using ment policy. detonator that had been used in several section 215 of the PATRIOT Act to ac- Further, those served with section bombings. This was important evidence cess library circulation records, library 215 orders are prohibited from dis- identifying Rudolph as the bomber. patron lists, book sale records or book closing the fact to anyone else. Those ‘‘In the 1997 Gianni Versace murder customer lists. who are the subjects of the surveillance case, a Florida grand jury subpoenaed This amendment is being supported are never notified that their privacy records from the public libraries in throughout our country by librarians, has been compromised. Miami Beach. Similar in the 1990 Zo- book sellers and all Americans who Mr. Speaker, that is not supposed to diac gunman investigation, a grand want Congress to be vigorous in pro- be what America is about and not what jury in New York subpoenaed library tecting the American people from ter- a free society is about. If the govern- records after investigators came to be- rorism, but want to make sure that we ment can make the case that getting lieve that the gunman was inspired by do that without undermining the basic records from a library or bookstore can a Scottish occult poet and wanted to constitutional rights which have made help us fight terrorism, I want them to learn who had checked out that poet’s us the free country that we are. get those records. In fact, they have al- book. Mr. Speaker, this amendment is ways had the ability to get those ‘‘Finally, bookstores and libraries similar to the amendment I offered last records and will be able to get those should not be carved out as safe havens year, which lost by a 210–210 vote after records in the future through normal for terrorists and spies, who have, in fact, used public libraries to do re- the voting rolls had been kept open for law enforcement processes. an extra 20 minutes. But whether it is through the grand search and communicate with their co- There is one difference in this jury subpoena process or the process of conspirators. For example, in March amendment compared to last year’s getting a search warrant, there are and April of 2004, Federal investigators in New York conducted surveillance on that I do want to emphasize: I have well-established judicial safeguards to an individual who was associated with heard from some Members who have protect Americans’ basic civil liberties al Qaeda. In the course of tracking the expressed concerns about the possible from government overreaching. Under individual, investigators noted that, al- need for the FBI to access library those long-established judicial safe- though he had a computer at his home, Internet records. Some Members be- guards, the FBI must demonstrate that he repeatedly visited the library to use lieve that by exempting library Inter- its need for information is legitimate. the computer. Investigators discovered net records from section 215, we could They cannot get it just because they that the individual was using the li- be creating an opportunity for terror- want it, and that is what this amend- brary computer to e-mail other ter- ists. ment is all about. The amendment today addresses that rorist associates around the world.’’ Mr. WOLF. Mr. Chairman, I rise in Lastly, it goes on to say, ‘‘We know concern and does not apply to library opposition to the amendment. that Brian Regan, a former TRW em- Internet records. Under this amend- The CHAIRMAN. The gentleman ployee at the National Reconnaissance ment, the FBI could still use a section from Virginia claims the time in oppo- Office, who recently was convicted of 215 order to obtain these records. This sition and is recognized for 20 minutes. espionage, extensively used computers amendment only applies to the records Mr. WOLF. Mr. Chairman, I yield at five public libraries in northern Vir- that contain information on which myself such time as I may consume. ginia and Maryland to access addresses Mr. Chairman, the Committee on the books people are checking out of the li- for the embassies of certain foreign brary or buying from a bookstore. Judiciary has held over 10 hearings on governments. This evidence, which also Mr. Speaker, setting aside all of the the PATRIOT Act, including a hearing showed that Regan consulted a book legalese, let me tell you what this devoted just to this issue. The Com- present at the library, ‘How to Be In- amendment does. Let me also tell you mittee on the Judiciary is planning on visible,’ to further his scheme, was why the American Library Association, marking up the PATRIOT Act reau- critical during his trial.’’ the American Booksellers Association thorization bill in the near future, and Mr. Chairman, I include the entire and many other organizations are sup- the authorizers will certainly give this letter for the RECORD. porting it. Let me also at this time re- very close attention. U.S. DEPARTMENT OF JUSTICE, mind Members that seven States, The authority of the Justice Depart- OFFICE OF LEGISLATIVE AFFAIRS, Vermont, Alaska, Colorado, Hawaii, ment to obtain a library or bookstore Washington, DC, June 14, 2005. Idaho, Maine and Montana, as well as record is not without appropriate Hon. FRANK WOLF, 379 municipalities across the country, checks and balances. A Federal judge Chairman, Subcommittee on Science, State, Jus- have gone on record by passing resolu- must approve the use of this authority tice, and Commerce, Committee on Appro- tions expressing their concerns about before the Department of Justice can priations, House of Representatives, Wash- the PATRIOT Act. obtain business records, including book ington, DC. DEAR MR. CHAIRMAN: The Department of Mr. Speaker, the American people records. This authority can only be Justice is pleased to provide information want to know that when they borrow a used to obtain foreign intelligence in- about section 215 of the USA PATRIOT Act book from a library or buy a book from formation, not concerning a U.S. per- (‘‘PATRIOT Act’’), an invaluable authority the bookstore that the government will son, or ‘‘to protect against inter- afforded to national security investigators not have access to the titles of the national terrorism or clandestine intel- when Congress overwhelmingly passed the books they are reading. They want to ligence activities.’’ It cannot be used to Act more than three years ago. It is critical read what they want to read without review the reading habits of the gen- that Congress’ decision whether to continue government looking over their shoul- this vital tool in the war on terror be in- eral public. formed by reason, rather than rhetoric. We der and without Uncle Sam becoming Mr. Chairman, I will include for the would oppose any amendment that would un- Big Brother and spying on them. record a letter from the Justice De- duly restrict our ability to compel the pro- Under section 215 as currently writ- partment dated June 14. It says the fol- duction of records relevant to sensitive ter- ten, the FBI can walk into a secret lowing: rorism and espionage investigations. As stat- FISA court, tell a judge that he is ‘‘Further, libraries and bookstores ed in the statement of Administration policy doing an investigation on terrorism, have never been exempt from similar released today on H.R. 2862—Science, State, and that judge has to grant the FBI the investigative authorities. Prosecutors Justice, Commerce, and Related Agencies Appropriations Act, 2006—if any amendment right to go to a library or a bookstore have always been able to obtain that would weaken the PATRIOT Act were and obtain their reading records. The records for criminal investigations adopted and presented to the President for FBI need not show probable cause nor from bookstores and libraries through his signature, the President’s senior advisors even reasonable grounds to believe that grand jury subpoenas. For instance, in would recommend a veto.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.143 H15JNPT1 H4536 CONGRESSIONAL RECORD — HOUSE June 15, 2005 Section 215 of the PATRIOT Act provides a ics suggesting that libraries should be ex- cess the internet. After about an hour, a useful tool for catching terrorists and spies empted from it or that the provision should third man, Marwan Al Shehhi, joined them. by specifically authorizing the Foreign Intel- be repealed altogether. These critics ignore Waleed and Wail Al Shehri were hijackers ligence Surveillance Court (‘‘FISA Court’’) statutory context, well-established grand aboard American Airlines Flight 11, while Al to require a person or organization to jury practice, and the reality of the terrorist Shehhi was the pilot who took control of produce ‘‘tangible things’’ that are relevant threat. First, although a section 215 order United Airlines Flight 175. Both of those to international terrorism and espionage in- could be issued to a bookstore or library if it flights crashed into the World Trade Center. vestigations. These are the same types of possessed records relevant to an espionage or A witness who recognized photos of the three materials that prosecutors have long been international terrorism investigation, the individuals that ran in newspaper articles able to obtain with grand jury subpoenas in provision does not single them out or even after the September 11 attacks, provided the criminal investigations. Moreover, section mention them. Indeed, as noted above, the information about the Delray Beach library 215 and grand jury subpoenas are both gov- provision, as of March 30, 2005, had never visit. While no records exist to confirm the erned by a similar relevance standard; with been used to request library records. And, in hijackers’ visit to the Delray Beach library, respect to section 215, the requested records any event, such a request would have to be the timing, location and behavior described must be relevant to a national security in- approved by a court, ensuring an inde- are consistent with other information gath- vestigation while with respect to grand jury pendent check on the Department’s inves- ered in the course of the investigation. subpoenas, the requested records must be tigators. We also know that Brian Regan, a former relevant to a criminal investigation. As a re- Further, libraries and bookstores have TRW employee at the National Reconnais- sult, section 215 applies in a much narrower never been exempt from similar investiga- sance Office, who recently was convicted of set of circumstances than do grand jury sub- tive authorities. Prosecutors have always espionage, extensively used computers at poenas. While grand jury subpoenas can be been able to obtain records for criminal in- five public libraries in Northern Virginia and used to investigate all types of criminal con- vestigations from bookstores and libraries Maryland to access addresses for the embas- duct, section 215 can only be used ‘‘to obtain through grand jury subpoenas. For instance, sies of certain foreign governments. This evi- foreign intelligence information not con- in the recent case of Olympic Park bomber dence—which also showed that Regan con- cerning a United States person or to protect Eric Rudolph, a grand jury served a subpoena sulted a book present at the library, How to against international terrorism or clandes- on a bookseller to obtain records showing be Invisible, to further his scheme—was crit- tine intelligence activities, provided that that Rudolph had purchased a book giving ical during his trial. such investigation of a United States person instructions on how to build a particularly Simply put, section 215 of the PATRIOT is not conducted solely upon the basis of ac- unusual detonator that had been used in sev- Act provides national security investigators tivities protected by the first amendment to eral bombings. This was important evidence with an important tool for investigating and the Constitution.’’ 50 U.S.C. § 1861(a)(1). identifying Rudolph as the bomber. In the intercepting terrorism, and at the same time Further, contrary to misleading rhetoric 1997 Gianni Versace murder case, a Florida establishes robust safeguards to protect law- about section 215, it does not empower FBI grand jury subpoenaed records from public abiding Americans. We hope that this infor- agents to obtain records without a court libraries in Miami Beach. Similarly, in the mation assists you. order. Rather, section 215 can be used to ob- 1990 Zodiac gunman investigation, a grand Thank you for the opportunity to present tain documents only with an order from the jury in New York subpoenaed library records our views. Please do not hesitate to call FISA Court. Thus the Department’s use of after investigators came to believe that the upon us if we may be of additional assist- section 215 requires more scrutiny than do gunman was inspired by a Scottish occult ance. The Office of Management and Budget grand jury subpoenas, which are generally poet and wanted to learn who had checked has advised us that from the perspective of issued without prior judicial approval. More- out that poet’s books. the Administration’s program, there is no over, we have taken the position in litiga- Finally, bookstores and libraries should objection to submission of this letter. tion that: 1) recipients of a section 215 order not be carved out as safe havens for terror- Sincerely, may disclose receipt of an order to an attor- ists and spies, who have, in fact, used public WILLIAM E. MOSCHELLA, ney and; 2) recipients may challenge a sec- libraries to do research and communicate Assistant Attorney General. tion 215 order in FISA court. In addition, the with their co-conspirators. For example, in Mr. WOLF. Mr. Chairman, I see the Attorney General has testified that the De- March and April of 2004, Federal investiga- gentlewoman from California (Ms. partment of Justice supports amending sec- tors in New York conducted surveillance on HARMAN) down there. I listened to her tion 215 to clarify any ambiguity related to an individual who was associated with al these points. Qaeda. In the course of tracking the indi- the other day on NPR. I was the author In addition to the requirement of court ap- vidual, investigators noted that, although he of the National Commission on Ter- proval, this provision establishes other im- had a computer at his home, he repeatedly rorism. They all laughed on it, frankly, portant safeguards. For instance, section 215 visited a library to use the computer. Inves- and had I not been on the Committee provides for thorough congressional over- tigators discovered that the individual was on Appropriations, we could not have sight. On a semi-annual basis, the Attorney using the library computer to e-mail other gotten it passed. The gentlewoman was General is required to ‘‘fully inform’’ Con- terrorist associates around the world. The li- on, and I remember the gentlewoman’s gress on the Department’s use of section 215. brary’s hard drives were scrubbed after each In addition, the Attorney General must re- user finished, and he used the computer at statement the other day where she said port to Congress the number of times agents the library because he believed that the li- had they listened to the recommenda- have sought a court order under section 215, brary permitted him to communicate free of tions, which this Congress and almost as well as the number of times such requests any monitoring. This individual is now in nobody did, of the Commission, maybe, were granted, modified, or denied during the Federal custody. maybe, 9/11 may not have taken place. preceding six month period. See 50 U.S.C. In addition, investigators tracing the ac- I do not know if the gentleman’s § 1862. tivities of the 9–11 hijackers determined amendment is the right amendment or The Attorney General recently declassified that, on four occasions in August of 2001, in- not. I do know that 30 people from my the fact that as of March 30, 2005 section 215 dividuals using internet accounts registered of the PATRIOT Act had been used 35 times, to Nawaf Al Hazmi and Khalid Al Mihdar congressional district died in the at- and had never been used to obtain bookstore used public access computers in the library tack on the Pentagon on 9/11. I also or library records, medical records, or gun of a State college in New Jersey. The com- know that the first CIA agent, from my sale records. Rather, section 215 orders had puters in the library were used to shop for congressional district, from Manassas only been used to obtain driver’s license and review airline tickets on an internet Park, was the first one to die in the at- records, public accommodations records, travel reservations site. Al Hazmi and Al tack when we went into Afghanistan apartment leasing records, credit card Mihdar were hijackers aboard American Air- with regard to the Taliban. records, and subscriber information, such as lines Flight 77, which took off from Dulles Now, is the gentleman from Vermont names and addresses, for telephone numbers Airport and crashed into the Pentagon. The (Mr. SANDERS) right? Maybe. But is the captured through court-authorized pen reg- last documented visit to the library occurred ister devices. These figures demonstrate that on August 30, 2001. On that occasion, records gentleman from Vermont (Mr. SAND- investigators have used this tool judiciously indicate that a person using Al Hazmi’s ac- ERS) wrong? Maybe. and responsibly. The provision, moreover, count used the library’s computer to review So I say in the interest of what took has assisted the Department’s national secu- September 11 reservations that had been pre- place in this country, and because of rity investigations as there can be a number viously booked. the fact that nobody listened to the of situations in which the ability to access Similarly, investigators have received in- gentlewoman from California (Ms. documents pursuant to a section 215 order is formation that individuals believed to be HARMAN) and also the Bremer Commis- critical to an international terrorism or es- Wail Al Shehri, Waleed Al Shehri, and sion, and the fact is we were ridiculed Marwan Al Shehhi visited the Delray Beach pionage investigation, particularly in the by it when it came out, and the CIA early stages of an investigation when officers Public Library, in Delray Beach, Florida. are trying to develop leads. Wail Al Shehri and Waleed Al Shehri entered even opposed it and ridiculed it, and Section 215 has been attacked for its poten- the library one afternoon in July of 2001 and the gentlewoman is right, had it been tial application to libraries, with some crit- asked to use the library’s computers to ac- listened to, and I say listened to the

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.041 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4537 authorizers, let us see what the author- first, section 215, as currently written, ies; so at some point, section 215 may izers say. Then the gentleman, after he is unnecessarily broad. It permits the well be needed there, as the distin- listens can come out on that com- government to obtain ‘‘any tangible guished gentleman from Virginia just mittee and offer an amendment, and it thing’’ as long as it is ‘‘sought for’’ a said earlier. ought to be made in order. terrorist investigation. This is a sweep- In conclusion, Mr. Chairman, I want This is not the place, and I do not ing power which even the Justice De- to go on record: some of my best want to make a mistake that may very partment agrees can be cut back. friends are librarians, so I am in no well lead to something else happening, I believe Congress should modify sec- way advocating turning the dogs loose because, God forbid, if something else tion 215 to require that the government on libraries. That is not the intent at happened in this country, and the FBI show that the items sought belong to all. I think section 215 has served us comes under our jurisdiction, and the or would lead the government to an well. I do not think it has been abused. gentlewoman from California (Ms. agent of a foreign power, the tradi- Mr. SANDERS. Mr. Chairman, I yield 1 HARMAN) knows more about it than I tional FISA standard. 1 ⁄2 minutes to the gentleman from do, but there are people, Hamas is in Second, I see no evidence that seizing Texas (Mr. PAUL). this country, Hezbollah is in this coun- someone’s documentary library or (Mr. PAUL asked and was given per- try, the person who planned the bomb- bookstore records is needed to combat mission to revise and extend his re- ing that killed 241 marines walks the terrorism. The Justice Department has marks.) Mr. PAUL. Mr. Chairman, I thank streets of Lebanon, and nothing has never sought a 215 order to obtain li- the gentleman for yielding me this been done. brary records. In the rare case that a law enforcement official believes ac- time. b 1545 Mr. Chairman, I rise in strong sup- cess to these records is necessary, port of this amendment. I do not see If I thought that perhaps this amend- other remedies exist. The PATRIOT any necessity for the amendment. It ment could maybe have one oppor- Act eliminated, and I supported, the was put in in the period of time after tunity whereby we would miss some- so-called ‘‘wall’’ between criminal and body like that, I could not live with 9/11 where a lot of people were very intelligence investigations, thus allow- frightened; and I think, quite frankly, myself. ing criminal subpoenas or warrants to So the gentleman may be right, but that we as a Congress overreacted. be secured more easily. I just do not understand how anybody the gentleman may be wrong. Let us And third, as mentioned, this amend- defeat this amendment and allow the would feel safer by the government ment, wisely, would not preclude law being able to get a list of books that authorizers to deal with it and have a enforcement from obtaining library the American people read. Now, if full, fair debate after the hearings. Internet records. there is a special condition that exists Mr. Chairman, I urge a ‘‘no’’ vote on Mr. Chairman, Congress has an op- where they want to know about a par- this amendment. portunity, indeed, an obligation to ticular individual, nothing precludes a Mr. Chairman, I reserve the balance modify some of the authorities of the legitimate search warrant to find out of my time. PATRIOT Act that went too far in exactly what this information is about. Mr. SANDERS. Mr. Chairman, before eroding our civil liberties. This amend- But I just think that it is totally un- I yield, I would remind my friend, as I ment signals our intention to do so, necessary to have this. am sure he already knows, that we and I urge its adoption. This morning, the gentleman from have exempted computers that he re- Mr. WOLF. Mr. Chairman, I yield 2 Vermont was on C–SPAN; and after he ferred to in several instances from the minutes to the gentleman from North left the studio, a woman called in that amendment. Carolina (Mr. COBLE). I found very fascinating. She was from Mr. Chairman, I yield 2 minutes to Mr. COBLE. Mr. Chairman, I thank Russia and she talked about how the gentlewoman from California (Ms. the chairman for yielding me this things were started in Russia and how HARMAN). time. I say to my friend from the Green the police had an ability to come into (Ms. HARMAN asked and was given Mountains, he and I have different po- their homes without search warrants. permission to revise and extend her re- litical philosophies, and my friend Then she said her family had an expo- marks.) from Vermont and I are light years sure in Germany and the same thing Ms. HARMAN. Mr. Chairman, I thank apart; but he will recall I vote with happened. It was unrestrained govern- the sponsor of the amendment for him every now and then, but I think he ment’s ability to come in and know yielding me this time, and I also appre- is wrong on this one. what people were doing. She spoke ciate the comments of the chairman in The subcommittee on which I sit, the about this in generalities; and she was, the debate that just preceded this. Subcommittee on Crime, Terrorism, in an alarmist sense, she was saying, Mr. Chairman, in past years, I have and Homeland Security of the Com- and right now, in America, that is what opposed the Sanders amendment on mittee on the Judiciary, we have con- we are doing with the PATRIOT Act, two grounds. First, I felt the appro- ducted nine oversight hearings, Mr. and she talked about it in general. priate time to revise the PATRIOT Act Chairman; and although I am not sure I might not be an alarmist about it, was this year, because key provisions the public at large is aware of this, sec- but I am very concerned. I do think we are sunsetting this year. Second, as tion 215 now before us, the so-called have moved in the wrong direction and ranking member on the Permanent Se- ‘‘library provision,’’ does not even that we should be very cautious and lect Committee on Intelligence, I mention the word ‘‘library.’’ It covers protect the privacy of all American know, as the gentleman from Virginia business records. And, yes, section 215 citizens. (Chairman WOLF) also knows, that ter- could be used to obtain business Mr. WOLF. Mr. Chairman, I yield 4 rorists use Internet sites to commu- records from a library. But we also minutes to the gentleman from Cali- nicate, and believe law enforcement know that from the Attorney General’s fornia (Mr. DANIEL E. LUNGREN), a needs to access terrorist traffic on oral testimony to our committee on former attorney general of the State of these sites. April 6 section 215 has never been used California. This year, the amendment’s sponsors to obtain business records from a li- Mr. DANIEL E. LUNGREN of Cali- have eliminated reference to library brary, nor has section 215 been used to fornia. Mr. Chairman, let us under- Internet sites, and their amendment obtain bookstore records, medical stand the context in which we are dis- arises as Congress undertakes a serious records, or gun sale records. cussing this. This is post-9/11. This is review of the PATRIOT Act. Because In fact, Mr. Chairman, no evidence after we have lost 3,000 people. This is the amendment has been altered and has been presented to this committee, after we understood that we had set up the timing is right, I am pleased to or to the Department of Justice’s In- inappropriate barriers so that we could support it. spector General, of any abuse of sec- look at intelligence information, so Law enforcement must have the abil- tion 215 for any use. We also know that that it could give us a forewarning of ity to prevent and disrupt terrorist the Department of Justice’s response what might be out there. plots on our soil, but this is a sensible to questions from our committee that There are those who have gotten up amendment for the following reasons: terrorists are indeed using our librar- here and said, look, there are other

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.145 H15JNPT1 H4538 CONGRESSIONAL RECORD — HOUSE June 15, 2005 techniques that can be used, a grand ine the law as it currently exists, ex- b 1600 jury subpoena, a search warrant. Yes, amine the purpose, and understand the But I am rising in support of Mr. but that requires the actuality of some difference between a criminal inves- SANDERS’ amendment. The amendment proof of a crime at the time. tigation and an intelligence investiga- reaffirms the fundamental principle of That is not what we are talking tion, and why we have this different our history, our Constitution, and our about here. What we are talking about procedure. jurisprudence that our civil liberties here is the distinction between crimi- Yes, it is unique, because we have that must be protected, that any intru- nal investigations, in which law en- unique circumstances presented to us. sion must be narrowly tailored and forcement uses search warrants and We have learned from our errors in the contain strong safeguards, and finally, grand jury subpoenas, and foreign in- past where we did not have unique cir- that the executive branch must be ac- telligence investigations, in which law cumstances that allowed us to do these countable through vigorous congres- enforcement uses section 215 under the sorts of things. That is all we have sional and judicial oversight. Foreign Intelligence Surveillance Act done here. We are in a new world. We In his famous dissent in the Olmstead to request business records. are trying to deal with that world in an decision in 1928, Supreme Court Justice This amendment would surely re- effective way without compromising Louis Brandeis called the right to pri- strict intelligence investigations de- our privacy. And when on the record vacy ‘‘the right to be left alone, the signed to protect against international there is absolutely no evidence, not one most comprehensive of rights and the terrorism and clandestine intelligence modicum of evidence that there has right most valued by civilized men.’’ activities. These activities do not al- been an abuse by the Justice Depart- As he wrote: ‘‘The makers of our Con- ways appear beforehand to be a crime. ment, why we would take this action stitution sought to protect Americans For instance, it was not a crime for now, I just do not understand. in their beliefs, their thoughts, their the members of al Qaeda to learn to fly So I would ask Members of this body emotions and their sensations. To pro- airplanes in the U.S. However, if a to please defeat this amendment. tect that right, every unjustifiable in- trusion by the Government upon the member of al Qaeda goes into the li- Mr. SANDERS. Mr. Chairman, I am privacy of the individual, whatever the brary and checks out books on the tall- happy to yield 1 minute to the gentle- means employed, must be deemed a est buildings in New York and a book woman from California (Ms. WOOLSEY). on how to fly a plane, it could be rel- violation of the fourth amendment.’’ Ms. WOOLSEY. Mr. Chairman, the Against these deeply embedded val- evant to an international terrorism PATRIOT Act, as it stands, forces or case under FISA before you have proof ues that underlie our Constitution, the could force users to self-censor their President has called for Congress not of a crime. That is what we are talking own reading choices, just on fear alone. about here. You have to go before the only to extend and again rubber-stamp Mr. Chairman, censorship is not what all of the expiring provisions of the PA- FISA court. You have to show that it is America is about. related to international terrorism. You TRIOT Act, but also to provide the FBI Under the PATRIOT Act, the FBI can with additional and unprecedented just cannot go willy-nilly in and ask go after your library or your book-pur- for any sort of document that you powers to seize American citizens’ chasing records; and librarians or book records without the approval of a judge want. sellers, under the penalty of law, can- Also, the Justice Department has or grand jury. not inform patrons of the library or the The 9/11 Commission, however, last looked at this amendment and believes bookstore that it is under investiga- year recommended a full and informed that, in fact, despite the gentleman’s tion or that a patron’s records have debate on the PATRIOT Act, and efforts to try and eliminate coverage of been searched. placed the burden of proof on the Presi- computers, they believe that the Sand- That is why, Mr. Chairman, I rise in dent for extending the PATRIOT Act’s ers amendment would cover sign-in support of the Sanders Freedom to provisions by demonstrating that they sheets, including those using sign-in Read amendment. America’s right to are actually needed, and that there is sheets to use the computer, so that it read and purchase books without fear adequate oversight to ensure protec- would not allow this investigative tool of government monitoring has been tion of civil liberties. These conditions to be utilized in intelligence investiga- erased by the PATRIOT Act, and Con- have not been met. tions. gress must repeal this unconstitutional Instead of a full and informed debate, Let us understand what we are talk- we witnessed all kinds of other intru- ing about: intelligence investigations provision. In fact, the ultimate success for ter- sions into the privacy of the American for international espionage. We are not people and silencing of voices in our talking about regular crimes. That is rorists is to change our country by tak- ing away our rights and our liberties. country. why there is a distinction. You are When Congress voted for the PA- going to prohibit us from utilizing this Mr. WOLF. Mr. Chairman, how much time do both sides have remaining? TRIOT Act, Members clearly under- tool, and there is no example, there is stood that it would be accompanied by The CHAIRMAN. The gentleman no evidence of abuse. a strong congressional oversight so from Virginia has 8 minutes remaining, We have had 12 hearings on this. We that the implementation would not and the gentleman from Vermont has have looked at it. In fact, as the law re- violate our civil liberties. That over- 111⁄2 minutes remaining. quires right now, the Department has sight has not occurred effectively. to report to us on a regular basis on Mr. WOLF. Mr. Chairman, I will re- The Attorney General has admitted these sorts of things. We examine these serve the balance of my time. that the information has not been things. I just ask why you would re- Mr. SANDERS. Mr. Chairman, I am forthcoming to the Congress in a time- solve doubt in favor of compromising happy to yield 1 minute to the gentle- ly manner. But for the sunset provi- our ability to go into intelligence that woman from California (Ms. PELOSI), sions and the requirements for the in- could lead to the uncovering of a ter- the minority leader. spector general reports, there is little rorist plot. Ms. PELOSI. Mr. Chairman, I rise in doubt that Congress would not even re- We do not have all the lead time strong support of the Sanders amend- ceive the insufficient information it when we are talking about these ment, and I thank the gentleman from has received to date. things. That is why there is a distinc- Vermont for his leadership in pro- Section 215 of the PATRIOT Act per- tion in the law carefully built in. That tecting our Constitution and our civil mits the government to obtain library is why we have a separate FISA court. liberties. I also commend the gen- and bookstore records without any That is why we have judges who have tleman from Michigan (Mr. CONYERS) showing of specific facts that par- expertise on this. That is why we re- for his important work in that regard ticular individuals are involved with a quire the oversight by the Committee and, of course, the distinguished chair- foreign power or with terrorism. The on the Judiciary. We have built in man of the full committee. Again, the only requirement is a statement by the these particular protections. gentleman from Virginia (Mr. WOLF), FBI that the records are sought for an I would just say, rather than present my compliments, and the gentleman authorized investigation, and the this type of response to legitimate con- from West Virginia (Mr. MOLLOHAN) as judges have no authority to deny the cerns people have about privacy, exam- well. application.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.148 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4539 As written, the statute would permit Congress should look at the measures be used against American citizens; and records of innocent and unsuspecting to restore the Federal judiciary’s role number two, you have to demonstrate American citizens to be caught up in to make sure that law enforcement that the entire purpose of the 215 sub- dragnets and fishing expeditions with- agencies do not conduct broad and in- poena is based on international ter- out notification. Finally, the statute discriminate searches. rorism or clandestine intelligence ac- has a gag provision that prohibits the We should not simply extend all of tivities. This cannot be used to fight recordholder from talking about the these provisions, but we should have the traditional crimes that most Amer- searches, thereby preventing the public extensive hearings on the PATRIOT icans may be concerned about with re- from any information that the govern- Act, vigorous oversight and modifica- spect to their liberties and freedoms. ment is abusing these powers. tions to prevent abuses of our civil lib- We want, and we are protecting, those By itself, section 215 is problematic, erties. freedoms. and it is sweeping, but this provision Unfortunately, these essential objec- By the way, President Bush’s White and others are even more problematic tives are not being met by the Repub- House, the OMB, has suggested that if when measured by the policy of the lican leadership. Instead, they have there is any effort to undermine their Bush administration which point to an sought to silence those who seek to number one priority as our administra- absence of safeguards. These include protect our civil liberties and to pro- tion, and that is to protect the safety the seizure and detention of more than tect and defend our Constitution. of Americans, they intend to veto this 1,000 noncitizens in the United States We can and we must keep the Amer- entire appropriations bill. without providing them access to coun- ican people safe without threatening Listen, if there are terrorists in li- sel. their civil liberties. Our Founding Fa- braries studying how to fly planes; if In particular, increased surveillance thers knew well the balance between they are studying how to put together of political and other groups was made freedom and liberty. Let us honor their biological weapons; if they are study- possible by the decision of the Attor- legacy and vote for the Sanders amend- ing how to put together chemical weap- ney General, Attorney General ment. ons, nuclear weapons; if they are Ashcroft, in July 2002 to effectively end Mr. Chairman, I yield back the bal- studying how nuclear power plants in what are known as the Levi guidelines. ance of my time. America, how the architecture and de- These guidelines were written in re- Mr. WOLF. Mr. Chairman, I yield 4 sign is structured so that they can sponse to constitutional violations minutes to the gentleman from Florida cause a devastating attack, we have to committed by the Nixon administra- (Mr. FEENEY). have an avenue through the Federal tion. The Levi guidelines prevented the Mr. FEENEY. Mr. Chairman, there court system, the FISA intelligence FBI from monitoring political and reli- are two things that we can say conclu- courts, that we can stop the attacks gious activity in the absence of specific sively since the enactment of the PA- before it occurs. Treating it as a crime and articulable facts justifying a TRIOT Act. Number one, there has not and waiting until after we have hun- criminal investigation. Attorney been another 9/11 attack, thanks in dreds of thousands of deaths is an inap- Ashcroft, however, effectively ended part to the PATRIOT Act and other propriate way to fight terrorism. It these guidelines and permitted the FBI tools that we have given the law en- works in crime. It does not work for to monitor political and religious ac- forcement community here in the the next terrorism disaster, and that is tivities without the ‘‘special care’’ and United States. what the proponents of this amend- supervision that the Levi guidelines re- And number two, there has been a ment are asking for. quired. And we saw the results of that great deal of hysteria generated around 215 allows the FBI to request a judi- policy: According to the New York the words ‘‘PATRIOT Act.’’ Very little cial order. This has to go through a Times, in November 2003, the FBI col- of the actual complaints can ever be judge. Over and over we hear that we lected information on antiwar dem- pointed to with respect to anything are going to somehow be snooped upon onstrators. that the PATRIOT Act did, but there is by Federal agents without some sort of Proponents and the Justice Depart- enormous amount of hysteria. For ex- due process. Well, a Federal judge is in- ment claim that section 215 will not be ample, the very name of this amend- volved at the very outset. It has never used solely on the basis of citizens’ ex- ment, the Freedom to Read Act, im- been used in a library. ercise of the first amendment, but can plies that somehow there is something What this amendment seeks to do is we be assured of that, given the effec- anywhere in the PATRIOT Act that de- to build a sanctuary where every ter- tive revocation of the Levi guidelines nies us the freedom to read anything rorist will know in perpetuity that and the reported monitoring of polit- we want. Of course the PATRIOT Act they will be safe to read, to plan, to do ical groups, and the fact that section does not do any such thing. whatever they need to do as long as 215 does not require specific and We have heard here today that we they do it in a library. It creates a articulable facts? Where are the safe- need to have some showing of probable sanctuary that every terrorist will guards? cause to protect American citizens’ pri- know will protect him or her as they Oversight, at least by this Repub- vacy. Well, I need to tell you that prob- create their evil plots to do awful harm lican Congress, has not worked. It is able cause is a fine standard after a and devastation in the United States of against that backdrop that we consider crime has been committed. The people America. That is at all does. this amendment today. It is essential that believe probable cause is the ap- We know there are incidents of the that we pass this amendment to let the propriate thing to demonstrate would terrorists using our libraries. And yes, world know that we will protect and have us wait until the next 9/11 attack so far they have primarily involved use defend this Nation, and, as we do so, until we can take efforts and steps to of the Internet. But we also know that that we will protect and defend the defend ourselves. That does not work terrorists used American flight Constitution and the civil liberties when you are dealing with terrorism. schools. We also know that terrorists contained therein. The amendment Folks, the next 9/11-type attack may are interested in biological, chemical would not preclude law enforcement not be a plane full of citizens. It may and nuclear capabilities, and I believe from obtaining the records of individ- be full of biological or chemical or nu- it is appropriate that our law enforce- uals that they need upon a showing of clear weapons. And 3,000 deaths may ment agents, after the proper showing probable cause through their other au- pale in comparison to the devastation in Federal court, can get these records thorities. that could be heaped upon American and prevent the next attack, not react What we choose to read and the metropolitan areas in the next attack. after we lose hundreds of thousands of books we buy goes to the heart of our The 215 provisions are very impor- lives. innermost thoughts and our liberty in tant to understand. They require a Mr. SANDERS. Mr. Chairman, I am a free society. These rights must be de- Federal judge, a FISA court to make a pleased to yield 1 minute to the gentle- fended. determination that, number one, there woman from California (Ms. LEE). As we look to the future, rather than is a national security investigation al- Ms. LEE. Mr. Chairman, I want to giving further unchecked powers with- ready under way about somebody other thank the gentleman from Vermont out proper justification and safeguards, than an American citizen, this cannot (Mr. SANDERS) for the time and also for

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.150 H15JNPT1 H4540 CONGRESSIONAL RECORD — HOUSE June 15, 2005 his leadership on this very important b 1615 I would suggest that 9/11 was not so issue. Let me share those words with my much a failure of secret access to our I rise in strong support of this colleagues, from ‘‘may’’ to ‘‘shall.’’ Did library records and to bookstores; but amendment to repeal section 215 of the my colleagues hear the speaker before it was the fact that the FBI did not PATRIOT Act and to restore the free- me talk about how the judge on the know how to talk to itself, how to lis- dom to read, and that is what this is question of section 215 is involved? In- ten to people who actually had infor- about. volved. mation. Millions of Americans, including my I will tell my colleagues what it is We do not need to extend this reach. constituents, are especially incensed like is the ham and egg breakfast: the We have tools available. The problem with section 215 of the PATRIOT Act. pig’s committed; the chicken is just in- that we have seen over and over again Under this provision the FBI has the volved. I suspect that is where this is that the Federal Government has, in power to search for any tangible whole bill belongs, back on the farm. fact, abused the rights of American things, including books, records, pa- The freedom to read what we want—it may citizens, including in the FBI. pers, documents and other items, in not be the first thing that comes to mind when I would suggest that rather than drag any location after showing minimal we talk about those basic, unalienable rights our bookstores and our libraries into this ill-considered issue, that we would justification. for which generations of American heroes be far better off to approve the Sanders Across this Nation, local govern- have fought and died. ments representing more than 52 mil- The idea of a government controlling what amendment, which is a small step to- lion people have denounced the entire we read is the stuff of history books and hor- wards sanity in this regard. Mr. SANDERS. Mr. Chairman, I am PATRIOT Act and the unconstitu- ror stories about tyrants and dictators. It is not pleased to yield 1 minute to the gen- tional invasion of privacy it represents. something we expect to face here in Amer- The PATRIOT Act was hastily drafted tleman from Ohio (Mr. KUCINICH). ica—the Land of the Free. Mr. KUCINICH. Mr. Chairman, the and is far overreaching. It is contrary That was before the passage of the USA PATRIOT Act allows Federal agents to to the fundamental principles for PATRIOT Act. Section 215 of that law has look at public and university library, which we stand, and section 215 is espe- given Americans reason to wonder whether patron circulation records, books cially chilling. the government might be looking over their Families should not be afraid to checked out, magazines consulted, all shoulders when they check out books and ma- subject to government scrutiny. check out children’s books for fear that terials from their local library. It has dan- they may be investigated for collabo- There used to be a time in this coun- gerously undermined the people’s confidence try when we were worried whether our rating with terrorists. Section 215 is in their government and threatens the precious un-American. This is not the way to young people knew how to read. Now freedoms we enjoy under the first amendment. some in our government are more wor- combat terrorism. That is why I support this amendment today. Mr. WOLF. Mr. Chairman, I have 4 ried that government agents be able to I fully recognize the need to provide our law find out what people are reading. minutes remaining if my arithmetic is enforcement officers with the tools necessary still good. And I have two more speak- This section that the Sanders amend- to combat terrorism and keep Americans safe. ment addresses gives the FBI the power ers, plus I am going to close in 30 sec- However, security bought at the price of the onds. How much does the other side to search for any tangible thing, books, freedoms on which our Nation was founded is records, papers, documents and other have? no real security at all. The CHAIRMAN. Does the gentleman items, in a location without having to Certain parts of the PATRIOT Act, including show probable cause. The Sanders reserve his time? section 215, may have seemed understand- Mr. WOLF. Mr. Chairman, I reserve amendment would restore legal stand- able in the short term, but they are intolerable ards and warrant procedures for inves- my time. over time. We need to set things right before The CHAIRMAN. Nine and one-half tigations of libraries and bookstores our precious constitutional rights are eroded minutes remaining for the gentleman which were in place before the passage beyond recognition. of the PATRIOT Act. from Vermont. We sacrifice something much more dear Mr. SANDERS. Mr. Chairman, I am It is time for us to remember where 1 than our physical safety when we fail to be we come from as a Nation. This very pleased to yield 1 ⁄2 minutes to the gen- diligent in defending our freedoms. Once lost, tleman from Idaho (Mr. OTTER), one of Chamber we are standing in is dedi- they seldom, if ever, are regained. cated to liberty, to freedom. The things the real fighters for civil liberties in And whether the tyranny that robs me of my this Congress. we see carved in stone and wood in this liberties comes from abroad or starts here at place are all about freedom. Why do we Mr. OTTER. Mr. Chairman, I thank home makes no difference: It is equally unwel- the gentleman from Vermont for his not remember where we come from? come. I am just as committed to protecting Where we come from is a Nation with a leadership on this issue and his tenac- Americans from their own government’s ex- ity in continuing to, every year, fight heritage of standing up for basic civil cesses as from the violence of foreign extrem- liberties, for the first amendment, the for the rights of people in the United ists. States to enjoy their local libraries. right to assemble, the right to free The degree to which that commitment has speech; and I say it is time to address I was interested in listening to the captured America’s imagination and has found frustrations of one of the previous it with the Sanders amendment. growing support here among my colleagues is Mr. SANDERS. Mr. Chairman, can I speakers on this side of the aisle, and it one of the most gratifying experiences in my inquire as to how much time remains is obviously the utterances of a former public life. A vote for this amendment is a vote on both sides. Attorney General for the government to restore America’s confidence in the ability The CHAIRMAN. The gentleman who was frustrated by the Constitu- of Congress to protect the freedoms they hold from Vermont (Mr. SANDERS) has 6 tion. And this is precisely what the dear. minutes remaining. The gentleman Founding Fathers intended. They did Mr. SANDERS. Mr. Chairman, I am from Virginia (Mr. WOLF) has 4 min- not intend for the lawyers to run this pleased to yield 1 minute to the gen- utes remaining. country. And obviously, when we tleman from Oregon (Mr. Mr. SANDERS. Mr. Chairman, I am adopted the PATRIOT Act 46 days after BLUMENAUER). pleased to yield 1 minute to the gentle- 9/11, the lawyers won. And not only Mr. BLUMENAUER. Mr. Chairman, I woman from Florida (Ms. WASSERMAN that, but the government won. thank the gentleman for the time. SCHULTZ). I just want to point out one thing to I feel a certain irony that we are hav- Ms. WASSERMAN SCHULTZ. Mr. everybody here. As you heard some ut- ing this debate today in the aftermath Chairman, I thank the gentleman from terances on this side relative to the of the final disclosure of the identity of Vermont (Mr. SANDERS) for the time. need of 215, I want to remind you that Deep Throat who was part of an effort Mr. Chairman, Pericles, a 5th cen- no comment was ever made that the in the Federal Government to cover up tury B.C. Athenian statesman, once way things happen in section 215 was illegal acts at the highest level of said that ‘‘freedom is the sure posses- legal before for the government before American government; and, in fact, sion of those alone who have the cour- the PATRIOT Act passed. All they did Deep Throat was the number two mem- age to defend it.’’ I rise today in sup- was just changed one or two major ber of the FBI caught up in the inter- port of this amendment and to speak words in that whole thing. nal swirl of politics. on behalf of freedom.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.152 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4541 Librarians, booksellers, and everyday and seek that warrant. It is a secret We all agree that combating ter- Americans across the country are deep- court. rorism is the number one priority, but ly concerned about the chilling effect We do not know what the standard is. it should not be done at the expense of of section 215 of the PATRIOT Act, There should and must be a clear the fundamental rights guaranteed by which clearly encourages individuals standard before the Justice Depart- our Constitution. to self-censor their reading sources. ment can seek this kind of information Many organizations support this, the USA Today in June of 2004 reported from our citizens. If that clear stand- librarians, the booksellers, the pub- that an FBI agent actually went to a ard were put in law, that could change lishers, many, many organizations, but Washington State library branch and things; but there is no standard here, very importantly, my constituents. My requested a list of people who had bor- and this law has not been used. So it is constituents tell me that they feel that rowed a biography of Osama bin Laden. not critical, and it can potentially be they cannot go to the library anymore The librarian refused and informed the abused. So let us eliminate that poten- without feeling that the government is agent that he would have to go through tial and support the Sanders amend- looking over their shoulder. legal channels before the names could ment. So I ask my colleagues, what in the be released. The FBI then served a sub- Mr. WOLF. Mr. Chairman, I yield 1 world do we gain if we deny basic pri- poena to the library a week later de- minute to the gentleman from Iowa vacy rights to Americans in our efforts manding a list of everyone who had (Mr. KING). to combat terrorism? borrowed the book since November of Mr. KING of Iowa. Mr. Chairman, I This is a balanced amendment. Sec- 2001. thank the gentleman for the time. tion 215 is far too broad, and it has ap- With government having the ability In response to the gentleman from propriate exemptions. It is an impor- to easily obtain records of books that Washington, the PATRIOT Act under tant amendment. I urge bipartisan sup- everyday Americans, our constituents, 215 has been used. It has been used 35 port for civil liberties, for privacy. are borrowing, all of us forfeit the free- times. There have been 35 specific re- Support the Sanders amendment. dom to learn more. ports that have been presented to Con- Mr. WOLF. Mr. Chairman, I reserve Section 215 of the PATRIOT Act gress. It has just not been used in li- my time. clearly gives the Federal Government braries. Mr. SANDERS. Can I ask my friend an unwarranted amount of power. This amendment is worse than pre- how many speakers he has left. There must be a higher standard of sus- vious law before the PATRIOT Act was Mr. WOLF. Mr. Chairman, I have two picion to justify this invasion of pri- passed because this creates a sanctuary speakers. The gentleman from Con- vacy. and the sanctuary is listed in the Sand- necticut (Mr. SHAYS) will have 2 min- This amendment only applies to the ers amendment. It says library circula- utes, and I will have 1 minute. If my records that contain information about tion records, library patron lists, book math is right, we do have 3 minutes; is the books and reading materials that sales records, or book customer lists. that correct? are checked out of the library or pur- That will be the place where we cannot The CHAIRMAN. That is correct. chased from a bookstore. investigate an international terrorist Mr. SANDERS. Mr. Chairman, I yield It is important to note that prior to investigation. 11⁄2 minutes to the gentleman from New September 11, law enforcement was It establishes a sanctuary when there York (Mr. NADLER). able to arrest Ted Kaczynski, the has not been a single case of abuse, not Mr. NADLER. Mr. Chairman, I thank Unibomber, via his library records. The a single individual that can be named. the gentleman for yielding me time. authority already existed in law with- We have had 12 to 13 hearings. I have Mr. Chairman, I rise to support this out the secrecy and overreach of sec- asked for those records to be presented amendment. What is the difference tion 215. to our Committee on the Judiciary. that this amendment will make? The The adage ‘‘keep your friends close The request has been made by the gen- difference is between good police work and your enemies closer’’ can be upheld tleman from Wisconsin (Chairman SEN- and fishing expeditions. via the freedom to obtain knowledge SENBRENNER) as well. We have zero This amendment is designed to say about those who wish to do us harm. records that have been offered, not a you can read without being afraid the I urge my colleagues’ support. single name of an individual that has government will someday reveal what Mr. SANDERS. Mr. Chairman, I am been abused. you are reading. We do not want the pleased to yield 1 minute to the gen- I would ask my colleagues, inform chilling effect on free speech. If there tleman from Washington (Mr. SMITH). your constituents. Do not be concerned is a real reason the government needs Mr. SMITH of Washington. Mr. about the fear, about the phobia of this this information, that the government Chairman, I rise in support of the abuse of civil liberties, but send the suspects someone is looking up how to Sanders amendment, and this is after I message to your constituents that this make atomic bombs, then let the FBI opposed it last year; but I learned two has been properly used. A report comes go to a court and get a search warrant things since that vote that caused me back to Congress. If there is an abuse, or show probable cause and get a sub- to change my position. we will deal with it. So we want to poena. That is the American way. That First of all, as has been emphasized know about that abuse. is the way we have always done it. by the opponent of this amendment, Mr. WOLF. Mr. Chairman, how much The gentleman from Virginia says, section 215 has not yet been used by the time does each side have? I have the well, we had an attack on 9/11. Indeed, Justice Department. We hear that if we right to close; is that right, Mr. Chair- we did. In my district, 3,000 people were eliminate this provision, it will some- man? killed; and he says, maybe, who knows, how jeopardize our entire country and The CHAIRMAN. The gentleman this power could be used to stop a fu- that we have been able to hold off the from Virginia (Mr. WOLF) has 3 min- ture event. But we can say that about terrorists for 4 years because of the utes remaining and the right to close. anything. PATRIOT Act. Yet they acknowledge The gentleman from Vermont (Mr. Ours is a government of limited pow- at the same time that section 215 has SANDERS) has 4 minutes remaining. ers. That is what distinguishes us from not even been used. So, obviously, it is Mr. SANDERS. Mr. Chairman, I am the Soviet Union or Communist China not critical to that effort. pleased to yield 1 minute to the gentle- or any other tyranny; and those powers The second reason is the reason this woman from New York (Mrs. must be limited so as to protect lib- is very important. There is no clear MALONEY). erty, even in the face of threats. standard for when it can be used. If a Mrs. MALONEY. Mr. Chairman, I The gentleman says no instance of person goes to a judge and gets a sub- thank the gentleman for his leadership abuse has been shown. Well, sure, be- poena by some standard, probable on this amendment. It is an incredibly cause all of this is secret. No instance cause or some other standard, then important one, and I rise in strong sup- of abuse can be shown. that makes sense. That is in fitting port of the Freedom to Read amend- Mr. Chairman, the point of this with the Constitution. The problem ment which will restore the privacy amendment is that we need not sur- with section 215 is that you go to the that our constituents expect and de- render fundamental liberty to protect Foreign Intelligence Services Act court serve. ourselves from terrorism, and we

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.156 H15JNPT1 H4542 CONGRESSIONAL RECORD — HOUSE June 15, 2005 should not; and this is why we should gress is on record pledged to do every- tors are left in an impossible position. As a adopt this amendment. We can have thing he or she can to defend the Amer- former State attorney general, I fully under- our protection. We must have our pro- ican people from another terrorist at- stand the need, and support swift justice for tection. We must also have our liberty. tack. We have spent tens of billions of criminals and terrorists. Every member of this Mr. WOLF. Mr. Chairman, I yield 2 dollars, and we are prepared to spend body does. But I also believe that we can be minutes to the gentleman from Con- more. But, Mr. Chairman, the reason both safe and free. necticut (Mr. SHAYS). that conservatives and progressives This common sense amendment before us Mr. SHAYS. Mr. Chairman, the Cold and people in between have come to- would prohibit the expenditure of funds for the War is over, and the world is a more gether is that we understand that what implementation of these questionable dangerous place. It cannot be contain we are talking about is freedom; is lib- searches. It would protect our citizens’ rights and react. It has to be replaced by de- erty; that we can fight terrorism, we to read, learn and purchase books without tect and prevent. We want to prevent a can defeat terrorism, we can protect undue government influence. At the same crime. There is a serious problem of the American people without under- time, it would maintain established formal pro- chemical, biological, radiological, nu- mining the constitutional rights that cedures that allow law enforcement agencies clear or even a serious conventional at- men and women have fought for, have to obtain warrants and receive records from li- tack. You all seem to want to wait died for, and that made us the greatest braries and bookstores for terrorist-related or until the crime is committed and then country on Earth. criminal investigations. And it is important to you can use your criminal law to get at Let us go forward defeating ter- note that this amendment does not exclude it. We want to detect and prevent it. rorism, but let us do it in a way that funding for library internet records. I have never felt more outraged in makes us all proud, that protects the The opponents of this amendment argue my heart as I listen to this debate in 19 greatest document ever written, the that those of us who are concerned about it years. Do we not get it? American Constitution. And that is are making up far-fetched scenarios to drum The issue with the Unabomber is he what this amendment is about. up opposition. But it doesn’t take fiction to do Mr. Chairman, I yield back the bal- committed the crime. I say to the gen- that. Take this example: When a patron at a ance of my time. tlewoman from Florida, so we should public library in Whatcom County, Washington Mr. WOLF. Mr. Chairman, I yield wait till after he commits the crime, discovered a handwritten note quoting Osama myself the balance of my time. then we can go into a library? I want to bin Laden in the margin of a biography of Mr. Chairman, Hamas and Hezbollah get the information before. I want to Osama bin Laden, the patron contacted the and al Qaeda are opposed to liberty. know what that Unabomber knew, that FBI. Citing powers given by the PATRIOT Act, treatise he knew in that library in The gentleman was wrong last year, because he has changed his amendment the FBI confiscated the original book and Montana which we got an act for. served the library with a grand jury subpoena, I like this law better than the crimi- from that. So he was wrong last year, so maybe he is wrong this year. and demanded the names and addresses of nal law because you have got to go to everyone who had checked out the book. The a court and the court has to keep the We are at war, as the gentleman from Connecticut (Mr. SHAYS) said. Go to library refused, filing a motion to deny the sub- record. You want to just say, in my poena. The FBI withdrew, but reserved the judgment, that we will have a grand the Pentagon and look at the monu- ment, go to the World Trade Center. right to issue the subpoena in the future. If the jury, and as soon as you have a grand library had told anyone that they had been jury, the prosecutor almost at will can Two of my children live in the district of the gentleman from New York (Mr. subpoenaed, they would have been violating get this information. He does not have the PATRIOT Act’s gag order. to go to a court. NADLER), and I know that gentleman You are trying to give the impression does not speak for them on this issue. Our concerns are not make believe. Our that civil liberties are in jeopardy. I When in doubt, do no harm. Be care- founders understood the value of open access say under this law they are protected, ful. The Justice Department made a to knowledge. I think we would all agree that and then I say something else. Public mistake on the Moussaoui. They did one of the measures of a great democracy is safety under this law is protected. not look at what was in his computer, the ability of ordinary citizens to explore ideas and as a result of that mistake, we without government interference. I believe that b 1630 have paid a tremendous price. And if this amendment is a positive step towards re- I find it amazing that we want a free we make a mistake here, we may pay storing some of our personal freedoms. zone in a bookstore. I find it amazing another tremendous price. Mr. Chairman, I strongly urge you to allow we want a free zone in a library. I find Please, vote ‘‘no’’ on the Sanders a full and fair vote on this amendment. My col- it amazing that librarians would allow amendment and let the Committee on leagues will recall that during a vote on this someone to come in for a crime, but for the Judiciary deal with this. same amendment during consideration of the a clandestine operation that might Mr. UDALL of New Mexico. Mr. Chairman, I fiscal year 2005 CJS Appropriations bill, the blow up New York City? Nope, do not rise today in strong support of this amend- majority held open the vote on the Sanders go there. ment, which I am proud to cosponsor, and amendment twice as long as scheduled to en- Mr. SANDERS. Mr. Chairman, how which would help restore the privacy and First sure its demise. This, despite the strong and much time remains on both sides? Amendment rights of library and bookstore pa- audible support of Americans to pass this The CHAIRMAN. The gentleman trons. common sense amendment. from Vermont (Mr. SANDERS) has 11⁄2 On the day that the PATRIOT Act passed I thank my colleague from Vermont for offer- minutes remaining, and the gentleman this body, few Americans were aware of some ing this important amendment, as well as the from Virginia (Mr. WOLF) has 1 remain- of the harmful provisions contained within it. amendment’s other cosponsors, and I urge my ing and the right to close. Over the course of the past few years, how- colleagues to support its passage. Mr. SANDERS. Mr. Chairman, I yield ever, our constituents have learned about Mr. WOLF. Mr. Chairman, I yield myself such time as I may consume. some of its harmful provisions, and they are back the balance of my time. This amendment is supported by the justifiably concerned. Over 365 cities, towns, The CHAIRMAN. The question is on American Library Association, the and counties in 43 States have passed resolu- the amendment offered by the gen- American Booksellers Association. tions expressing concern about the PATRIOT tleman from Vermont (Mr. SANDERS). Seven States in America, Democrat Act or an extension of it. In my home State of and Republican legislatures, have gone New Mexico alone, ten cities and four counties The question was taken; and the on record expressing serious concerns have passed resolutions. Chairman announced that the noes ap- about the PATRIOT Act. And hundreds Section 215 granted authorities unprece- peared to have it. of thousands of Americans, hundreds of dented powers to search, or order the search Mr. SANDERS. Mr. Chairman, I de- thousands, have written Members of of library and bookstore records without prob- mand a recorded vote. Congress about this issue. able cause or the need for search warrants. The CHAIRMAN. Pursuant to clause Mr. Chairman, all of us and all Amer- Because these surveillance powers were cast 6 of rule XVIII, further proceedings on icans grieve the horror of 9/11 and the so broadly and the law prohibits them from re- the amendment offered by the gen- deaths of thousands of our fellow citi- vealing to the subject that an investigation is tleman from Vermont (Mr. SANDERS) zens. And every Member of this Con- occurring, librarians, storeowners and opera- will be postponed.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.158 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4543 AMENDMENT NO. 28 OFFERED BY MR. KING OF the Federal Government. Make no mis- sources that we have to enforce our IOWA take, this is a situation of local gov- laws, with the end result of making our Mr. KING of Iowa. Mr. Chairman, I ernments blatantly violating Federal Nation a safer place for our children offer an amendment. law. As a result, U.S. taxpayers pay to and grandchildren to grow up in. The CHAIRMAN. The Clerk will des- incarcerate illegal alien prisoners who This amendment simply directs $1 ignate the amendment. are later released back onto the million of the $600-and-several million The text of the amendment is as fol- streets. in this appropriations process to that lows: Sanctuary policies tie the hands of enforcement of the existing Federal Amendment No. 28 offered by Mr. KING of local law enforcement officers and keep law. It is an issue that we raised last Iowa: illegal aliens who commit crimes in year as well. It is an issue I know the At the end of the bill, insert after the last our country from being deported ac- Chairman is very much concerned section (preceding the short title), the fol- cording to U.S. law. These sanctuary about. lowing: policies have disastrous consequences. Mr. Chairman, I yield back the bal- TITLE VIII—ADDITIONAL GENERAL A case in point, a tragic case in point, ance of my time. PROVISIONS was the issue regarding a Denver police The CHAIRMAN. Does any Member SEC. 801. (a) For expenses necessary for en- officer, Donnie Young, who was assas- wish to claim time in opposition? forcing subsections (a) and (b) of section 642 sinated in cold blood about a month If not, the question is on the amend- of the Illegal Immigration Reform and Immi- ment offered by the gentleman from grant Responsibility Act of 1996 (8 U.S.C. ago. The suspect in the case, Raul Gar- 1373), $1,000,000. cia-Gomez, was an illegal alien, who Iowa (Mr. KING). (b) The amount otherwise provided in this has since fled to Mexico. He has since The amendment was agreed to. Act for ‘‘DEPARTMENT OF JUSTICE— then actually been arrested in Mexico. AMENDMENT NO. 9 OFFERED BY MR. NADLER LEGAL ACTIVITIES—SALARIES AND EXPENSES, But Denver has an illegal alien sanc- Mr. NADLER. Mr. Chairman, I offer GENERAL LEGAL ACTIVITIES’’ is hereby re- tuary policy, and it is based upon the an amendment. duced by $1,000,000. mayor’s executive order. The current The CHAIRMAN. The Clerk will des- The CHAIRMAN. Pursuant to the mayor, by the way, is a successor ignate the amendment. order of the House of June 14, 2005, the mayor to the executive order, but it is The text of the amendment is as fol- gentleman from Iowa (Mr. KING) and a still his executive order, and he could lows: Member opposed each will control 5 rescind that executive order. The Amendment No. 9 offered by Mr. NADLER: minutes. mayor happened to also own at least a Page 108, after line 7, insert the following: The Chair recognizes the gentleman part interest in the restaurant where TITLE VIII—ADDITIONAL GENERAL from Iowa (Mr. KING). this illegal alien worked. They had got- PROVISIONS Mr. KING of Iowa. Mr. Chairman, I ten a letter from the Social Security SECTION 801. None of the funds made avail- yield myself such time as I may con- Administration saying that this Social able in this Act may be used to issue a na- sume, and I first want to say that I ap- Security number you sent on this indi- tional security letter, for health insurance records, under any of the provisions of law preciate the opportunity to bring this vidual does not match the individual. amendment forward. I want to thank amended by section 505 of the Uniting and But the individual continued working Strengthening America by Providing Appro- the gentleman from Virginia (Mr. at the restaurant. He had sanctuary priate Tools Required to Intercept and Ob- WOLF) for his extraordinary work on there. He was picked up three times on struct Terrorism (USA PATRIOT ACT) Act this entire bill. I want to remark that the streets of Denver. He offered no of 2001. his persistence here on the floor yester- driver’s license one time, a Mexican The CHAIRMAN. Pursuant to the day, today, and quite likely tomorrow driver’s license at least one other time, order of the House of June 14, 2005, the has been a long marathon, and he has and no insurance card on another occa- gentleman from New York (Mr. NAD- maintained his composure, his intel- sion. Each time he was allowed to drive LER) and a Member opposed each will lect, and his judgment. away. There were at least four dif- control 71⁄2 minutes. I bring before the Congress, Mr. ferent opportunities for that commu- The Chair recognizes the gentleman Chairman, an amendment that seeks to nity to enforce the laws and take ac- from New York (Mr. NADLER). upgrade this good appropriations bill tion against this illegal alien, and each Mr. NADLER. Mr. Chairman, I yield that we have on Justice, and it recog- time he has been shielded by the sanc- myself such time as I may consume. nizes that there is a Federal law today tuary policy that is a direct violation Mr. Chairman, my amendment pro- that prohibits sanctuary policies. Pres- of Federal law. hibits funds from being used to issue ently many cities have been enacting Last month we passed an amendment national security letters to health in- sanctuary policies which prohibit local that will provide the necessary re- surance companies under the provi- police from asking about a person’s im- sources and training to State and local sions of section 505 of the PATRIOT migration status or reporting illegal governments so that they will be more Act. aliens who commit crimes to immigra- willing and better prepared to work Currently, any FBI field office direc- tion authorities for deportation. with the Federal Government and to tor is authorized to issue secret na- The law I am referring to was passed protect our Nation’s citizens. Even tional security letters to insurance in 1996, and it is called the Illegal Im- with the proper training, though, law providers without any judicial ap- migration Reform and Immigration enforcement officials cannot help in proval, not even a FISA court. These Responsibility Act. It forbids localities this area if they are forbidden from NSLs open the door to a secret seizure from preventing their police officers doing so. of highly personal medical informa- from asking or reporting immigration My amendment today would provide tion. The FBI, if this amendment information to the Federal Govern- funding for the Department of Justice passes, will still be able to get all these ment. The existing Federal law says, to enforce the law as it presently ex- records because they have so many and I quote, ‘‘Notwithstanding any ists. It does not enact any new law. It other tools available to them, which I other provision of Federal, State, or does not promote a new policy. I want will describe in a moment. local law, a Federal, State, or local to repeat, it simply provides funding to Almost limitless sensitive private in- government entity or official may not see that our current law is enforced. formation from health insurance com- prohibit or in any way restrict any Our State and local governments panies, including medical records, can government entity or official from serve as the front line of defense be collected secretly by simply issuing sending to or receiving information re- against terrorism and criminal aliens. a national security letter under section garding the citizenship or immigration Every murder, every rape, every vio- 505 on an FBI field director’s own as- status, lawful or unlawful, of any indi- lent gang crime committed against sertion that the request is merely rel- vidual.’’ Americans by illegal aliens is an ut- evant to a national security investiga- Now, Mr. Chairman, despite this ban, terly preventable crime. If we better tion. These private health insurance some cities continue to prohibit their enforce our immigration laws to keep records can be demanded without any officers from asking about immigra- criminals out, we will save lives. We court review or approval, not even a tion status or providing information to must use the law enforcement re- FISA court.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.162 H15JNPT1 H4544 CONGRESSIONAL RECORD — HOUSE June 15, 2005 Worse yet, the target of the NSL will In Doe v. Ashcroft, the New York sought medical attention. We could po- never know that his health records Federal District Court struck down tentially track down the financing to were inspected by government agents, this section on the grounds that it vio- locate him. because health insurance companies lates free speech rights under the first Let us suppose we had a known ter- are barred by law from telling him or amendment, as well as the right to be rorist here in the United States that anyone else that the records were de- free from unreasonable searches under underwent plastic surgery to change manded. the fourth amendment. his or her identity. We could track Government officials already have We can all agree that giving the FBI down the financial records to possibly access to so much of our personal infor- access to our most intimate private in- intercept that. mation, such as credit reports, library formation is too great an intrusion of These subpoenas have been used since use, and telephone communications. Do privacy to leave unlimited and unsu- 1996 under the Clinton administration we want the government to keep files pervised. We can be both safe and free. as a tool for health care fraud inves- detailing our personal lifestyles as re- And if the FBI thinks that for a ter- tigations. If we can use these appro- vealed by our medical histories, psy- rorist investigation it needs access to priately under the proper cir- chiatric profiles, lab studies, and diag- private medical records, let them at cumstances to find bad doctors, surely nostic tests like CAT scans or MRIs? least show to a judge, in a secret FISA a national security letter can be used Why does the FBI need access to court, under section 215, which we did to track down evil terrorists. health records? How is this informa- not take the power away from them to I do not think this is a widespread tion pertinent to a terrorist investiga- do, why that is relevant to an ongoing tool being used on a regular basis, but tion? If somehow your medical records terrorist investigation. there may come a time when we rue are, in fact, relevant to a terrorist in- Mr. Chairman, I reserve the balance the day that we have taken away one vestigation, the government should be of my time. more law enforcement tool to track required to explain to a judge, in a se- Mr. WOLF. Mr. Chairman, I claim down the bad guys. cret FISA court if need be, why that is, the time in opposition to the amend- Mr. NADLER. Mr. Chairman, there instead of simply allowing an FBI field ment, and I yield myself 30 seconds. are no abuses we know of because they agent to demand those records in se- Mr. Chairman, I rise in opposition. are all secret and they cannot tell us cret. The Committee on the Judiciary has about abuses. In any criminal investigation the held over 10 hearings on the PATRIOT Mr. Chairman, I yield 11⁄2 minutes to FBI can obtain a search warrant for Act, including a hearing devoted just the gentleman from Ohio (Mr. documents or other tangible things if to national security letters. KUCINICH). there is a judicial finding of probable We saw this amendment for the first Mr. KUCINICH. Mr. Chairman, I rise cause that a crime has been or will be time Monday night. It is unclear to me in strong support of the Nadler amend- committed. The FBI can use grand jury why health insurance records are dif- ment to prohibit the release of medical subpoenas issued under the supervision ferent than any other records. We do records under section 505 of the PA- of a judge and the U.S. Attorney. And TRIOT Act. The PATRIOT Act was in international terrorism cases, such not know how this amendment would impact a counterterrorism investiga- drafted in a rush to respond to a per- as we are talking here, the FBI has ceived need of new law enforcement sweeping authority to obtain business tion. We just do not know. And here we 1 powers immediately after 9/11. As such, records, including medical records, are with 7 ⁄2 minutes on each side. What is this? This is no way to protect the law must be considered a work in under section 215, which we discussed a progress at best. few moments ago. the country. 1 Section 505 of the PATRIOT Act au- Given these existing powers, there is I could never support 7 ⁄2 minutes. thorizes FBI field office directors to no reason to authorize the FBI to issue And I do not care if it is just the nam- collect in secret almost limitless sen- unchecked and reviewable national se- ing of some government building some- sitive personal information, including curity letters demanding personal med- where. So I strongly urge Members to medical records from health insurance ical records. vote ‘‘no’’ on this. Seven-and-a-half I am not seeking to repeal the PA- minutes? We cannot do it. I urge a companies. This is done without court TRIOT Act. This amendment seeks ‘‘no’’ vote. review or approval. This is a major in- only to modify the application of one Mr. Chairman, I yield 2 minutes to vasion into the right to privacy. We provision that poses a serious potential the gentleman from Florida (Mr. must draw the line at this invasion to abuse. Through this very narrow FEENEY). into our personal lives. This critical Nadler amendment pro- amendment we can provide checks and b 1645 balances with regard to our sensitive vides crucial checks and safeguards. medical records. Mr. FEENEY. Mr. Chairman, again, I Records held by health insurance com- However, since I was greatly re- appreciate the gentleman from Vir- panies may include laboratory tests, stricted by the House rules, this ginia (Mr. WOLF) yielding me this time, medications prescribed, the results of amendment does not fully address all and he is exactly right. The Committee operations and other medical proce- the problems created by section 505 and on the Judiciary has had no less than dures. The FBI has no business exam- national security letters. I am hopeful 10 hearings on the PATRIOT Act, in- ining America’s health records without I can work with the Committee on the cluding one specifically devoted to na- a court order. Judiciary to address these problems tional security letters. I believe it is a rare occurrence that more completely. This amendment ad- This may be an issue as we move for- the FBI would truly need access to dresses only the health insurance pro- ward on the process to find a way to re- health insurance records. For the most vider’s records; not bank records, not form or modify, but there have been no part, such information is not pertinent credit company records, not credit bu- abuses. This is a solution in search of a to a terrorist investigation. There is a reau records, not car dealerships. But problem. The fact of the matter is better way. If the FBI did have a real when it comes to health insurance, these types of subpoenas are already need for such records, the FBI could what terrorist has health insurance? available to investigate insurance simply use other legal mechanisms to The problem is that most, but not all, fraud or bad doctors. If we can use gain access, and those options include innocent Americans do have health in- these subpoenas to find bad doctors judicial review and thus protection of surance, and the FBI should not have taking advantage of the Medicare or privacy. easy access to this information, at the Medicaid system, why can we not Protection of our personal privacy is least not without telling a judge why use these subpoenas to track down a a basic and fundamental responsibility he needs this. terrorist? We are not talking about of this Congress, and that is why the I have also introduced, along with medical personal records of anybody. Nadler amendment elevates the condi- the gentleman from Arizona (Mr. We are talking about financial records. tion of this Congress to where we can FLAKE), a stand-alone bill to address Let us say theoretically, since there be in the defense of the right to pri- more fully the issues presented by sec- have been no abuses, let us say hypo- vacy. Support the Nadler amendment. tion 505. thetically al-Zawahiri was injured and Support the right to privacy.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.165 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4545 Mr. WOLF. Mr. Chairman, I yield 2 on other subjects. On other subjects tion and is not self-executing. In fact, minutes to the gentleman from Iowa they get the proceedings, they ask you they cannot enforce it. If the recipient (Mr. KING). for the records about yourself, and you refuses to accept the request for infor- Mr. KING of Iowa. Mr. Chairman, I can move to quash it. You can chal- mation, there is no enforcement mech- thank the gentleman for yielding me lenge it. They do not go to the insur- anism. The FBI would have to obtain this time and for the opportunity to ance company and say give me the an enforcement order from a Federal say a few words with regard to the Nad- records about him under administra- court, not an NSL. ler amendment, an amendment that tive subpoenas. In fact, the Justice Department has would prohibit the use of national se- Under this section, the government argued both in and out of court that curity letters to get medical reports of can go, the FBI can go to the insurance the current law allows for a recipient all kinds. That would also include in- company and get your personal med- to obtain preenforcement judicial re- surance company records which qualify ical records without even telling any view of an NSL. As a matter of fact, as financial institutions. judge, even in a secret proceeding, why some of us working on this on the Com- We have another amendment on the it is necessary. All this amendment mittee on the Judiciary believe that floor of this Congress which qualifies says is if they want your personal med- information ought to be presented to as a sanctuary amendment. It carves ical records, they have to tell a judge the recipient. They ought to be notified out another region that terrorists then why it is relevant, in secret, why it is ahead of time, and that is one of the would know that they can go ahead and relevant to a terrorist investigation. things we ought to be working on. go in and operate on without fear of They do not have to not get the Mr. NADLER. Mr. Chairman, will the government intervention or govern- records, but they have to tell a judge gentleman yield? ment investigation. why it is relevant, and the judge can Mr. DANIEL E. LUNGREN of Cali- In fact, there is a significant case. say it is relevant. fornia. I yield to the gentleman from Suspects have bought bulk amounts of That is the minimal standard we New York. Cipro, which is the antidote for an- should insist on for liberty. Indeed, in Mr. NADLER. Mr. Chairman, a NSL, thrax. That may be an indicator of a other amendments we say it is not unlike an administrative subpoena, is dirty bomb or a series of dirty bombs good enough, and I agree. But in this not the target of the inquiry and has that could be set up and staged and the amendment, that is all we are asking. no interest in contesting or refusing it. perpetrators would want to have the For personal medical records, if the Mr. DANIEL E. LUNGREN of Cali- antidote. Could that also be the case government wants to rummage fornia. Mr. Chairman, I appreciate for smallpox? through your personal medical records, what the gentleman is saying. It is a These kinds of indicators need to be they should have to say to a judge in a third party. There is no doubt about it. available to our investigators. This FISA court in a secret proceeding why In some cases it is essential to be creation of this fear of Big Brother, able to get that information if you are this relentless attack on the PATRIOT they think it is relevant to an inves- tigation. Not why there is probable involving yourself in a counterterror- Act without substance is causing con- ism investigation precisely because cern amongst the citizens. I have civil cause, but why it is relevant. It is a very low standard, and if the govern- you do not want those people to know libertarian instincts within me, but I you are going after that. But the re- have come to the conclusion that we ment cannot meet that standard, they cipient of the letter has the ability to are far safer, the requirement that should not have your personal medical refuse to give that to the authorities. these reports come back to Congress record information. I urge my colleagues to vote for this The idea that somehow we have such and we review those reports, we are far an abuse of these letters flies in the safer that way than we are erring on amendment. face of any presentation we have had the side of liberty safety without merit Mr. Chairman, I yield back the bal- from the committees of jurisdiction, on the other side. ance of my time. I think it is important that we put Mr. WOLF. Mr. Chairman, I yield the that is, the Intelligence Committees of protections in the PATRIOT Act. The balance of the time to the gentleman the House and the Senate. There has standards that have been there before from California (Mr. DANIEL E. LUN- been no report to us that there has with criminal investigations are higher GREN), a former attorney general. been an abuse. for the PATRIOT Act, not lower. We Mr. DANIEL E. LUNGREN of Cali- I think those of us on the Committee did not expand any access into infor- fornia. Mr. Chairman, let us under- on the Judiciary can work on this if we mation to speak of. We made a high stand first what we are talking about want to refine it more, if we want to standard. That high standard is held here. We are talking about national se- make sure that there is an affirmative and it is maintained, and the records curity letters, NSLs. They are adminis- presentation to the recipient to let come back before Congress without a trative subpoenas that can be used in them know they do not have to com- single case of abuse; but we want to international counterterrorism and ply, if there are some sort of other pro- carve out another sanctuary for an- foreign counterintelligence investiga- tections we want to wrap around it. other issue here to placate some people tions, not even domestic terrorist in- But I also think it is wrong for us to who have been caused to have fear of vestigations. So we are limited to that try to do it in this particular venue, the PATRIOT Act by a propaganda category. and especially when we have a defini- campaign across America. Secondly, some of the statements tion of all health records. That goes be- Mr. NADLER. Mr. Chairman, I yield that have been made here are question- yond just personal records. The gentle- myself the balance of my time. able in terms of their conclusions, that man’s definition is much broader than Mr. Chairman, this amendment does is, that there is no reporting to Con- that in terms of the whole health in- not carve out a sanctuary as the gen- gress. As a matter of fact, NSLs are re- dustry, the whole health insurance in- tleman says, nor do they report to Con- ported to our intelligence committees, dustry. gress. They report to Congress on other both the House and the Senate. Obvi- I suggest this is a precipitous action things, but on section 505 they report ously, not all Members are on those by this body, and I would ask Members nothing. We get no information. committees, but it is my information to vote down the gentleman’s amend- All this amendment says is if the FBI that Members can go to the Permanent ment. thinks that your personal medical Select Committee on Intelligence and Ms. JACKSON-LEE of Texas. Mr. Chair- records, and that is all we are talking examine the documents presented by man, I rise in support of the amendment au- about, the medical records from the the Department of Justice in this re- thored by the Gentleman from New York, Mr. medical insurance company, are rel- gard. NADLER, to the Commerce-Justice-State- evant to a terrorist investigation, they The Supreme Court has upheld the Science Appropriations Act for Fiscal year go to a judge and tell him and he says use of administrative subpoenas where 2006. His proposal is simple but carriers tre- yes. They can even go to a FISA court the demand is definite and the infor- mendous weight in terms of protecting the judge in a secret proceeding. mation sought is relevant. As with Constitutional rights of individuals who live in Also, we were told they can get these other types of subpoenas, the national this nation. it withholds funds from government records by administrative proceedings security letter is a request for informa- action to issue a national security letter (NSL)

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.167 H15JNPT1 H4546 CONGRESSIONAL RECORD — HOUSE June 15, 2005 for the purpose of obtaining health insurance AMENDMENT NO. 17 OFFERED BY MR. STEARNS As I mentioned earlier, look at the Big records under any provisions amended by Mr. STEARNS. Mr. Chairman, I offer Dig in Boston, the money we put up Section 505 of the PATRIOT Act. an amendment. there, it is still going on. It is just a Currently, under Section 505 of the PA- The CHAIRMAN. The Clerk will des- total overrun. TRIOT Act, the FBI is authorized to issue self- ignate the amendment. I just urge my colleagues to look at authorized secret national security letters to in- The text of the amendment is as fol- this, not so much as substantive be- surance providers, which opens the door to he lows: cause the money was appropriated. It secret seizure of highly personal medical infor- Amendment No. 17 offered by Mr. STEARNS: was in last year’s bill. This is basically mation. Page 108, after line 7, insert the following saying, before we go ahead and give Section 505 of the PATRIOT Act authorizes title: this money, we should tell the United Nations, give us a plan, let us have an FBI field office directors to collect, in secret, TITLE VIII—ADDITIONAL GENERAL almost limitless sensitive personal information, PROVISIONS opportunity to review the cost before including medical records, from health insur- you go ahead, and then we can look at SEC. 801. None of the funds made available it more carefully. ance companies that are not under investiga- in this Act may be used for the design, ren- This is not an amendment that is tion themselves but have customers whose ovation, construction, or rental of any new records the government wants by simply headquarters for the United Nations in New against the United Nations. It is just an amendment asking for some kind of issuing a ‘‘national security letter’’ carrying the York City or any other location in the fiscal responsibility by these people be- weight of law on the FBI’s own assertion that United States. fore they spend the money. the request is relevant to a national security The CHAIRMAN. Pursuant to the order of the House of June 14, the gen- The amendment that I am offering today investigation. proposed a very simple goal. It merely states This unfettered access to information that tleman from Florida (Mr. STEARNS) and that none of the funds made available in this the gentleman from Virginia (Mr. has been held to be Constitutionally protected act shall be used to renovate and modernize WOLF) each will control 5 minutes. since the passage of the Bill of Rights must be the U.N. headquarters in New York City. checked, and the Nadler Amendment provides Mr. WOLF. Mr. Chairman, I yield As we all know, the United States already that check in the context of fulfilling funding re- half of my time to the gentleman from pays roughly 22% of all U.N. expenses. We quests for the Department of Justice. Not only West Virginia (Mr. MOLLOHAN) and ask do so despite the fact that the U.N. often goes is the scope of the searchable material under unanimous consent that he be per- against American values and American inter- this provision unconstitutional but the prohibi- mitted to control that time. ests. tion on notice to the individual searched con- The CHAIRMAN. Is there objection Now the U.N. is planning a $1.2 billion ren- travenes the notions of privacy that have to the request of the gentleman from ovation of its New York City headquarters. formed the foundation of our fundamental free- Virginia? They are also considering either the construc- doms. There was no objection. tion of a new building costing $650 million to Records held by health insurance compa- Mr. STEARNS. Mr. Chairman, I yield house the organization in the meantime, or the nies about their customers must be turned myself such time as I may consume. rental of existing office space in Manhattan or over regardless of whether they concern finan- This amendment is more symbolic elsewhere in the city. No doubt this rental of cial matters, because ‘‘financial records’’ are than it is substantive. It is really giv- prime real estate will also cost hundreds of defined as ‘‘any record held by a financial in- ing an opportunity for Members on millions of dollars. So we are talking a renova- stitution pertaining to a customer’s relationship both sides of the aisle who feel frus- tion costing approximately $2 billion, at least. with that institution.’’ The records sought may trated with the increased cost for I say ‘‘at least’’ because these are just the include laboratory test results, medications things that happen around here. We initial financial estimates, and there’s a good prescribed, and reports that indicate the re- know that we start out with a project chance the costs will increase substantially, as sults of operations and other medical proce- that costs $40 million, and it ends up these projects often do. dures. This kind of authority might well be de- costing $550 million, and I am talking Just look at the Big Dig in Boston, or even scribed as ‘‘terroristic’’ to Americans in and of about the tourist center right outside the Capitol visiting center, to see projects that itself. the Capitol. We saw what happened in were only expected to cost a billion or two, but The existence of alternative ways of access- Boston with the Big Dig. have since far exceeded their initial cost ex- ing this kind of information with grand jury Basically, my amendment says before pectations. subpoenas and orders issuing under Section we give any money to the United Na- I’d like to note that even though Congress 215 justify offering this important amendment. tions, $1.2 billion, that we should have voted last year to offer a $1.2 billion loan to This section allows the FBI to obtain virtually a study. We should have a GAO audit. the U.N. for the purpose of renovation, several member countries complained that we any business record simply by asserting the We should have some kind of reference charged interest on the loan, a modest 5.5%. information is ‘‘relevant’’ to a national security put down before they go out and spend As such, the U.N. General Assembly has not investigation. It can be used to obtain records this money. yet accepted the loan and its conditions, so it of individuals who are not suspected or ac- b 1700 is possible that may find different financing. Ei- cused of any crime. ther way, American taypayers will end up pay- Citing Section 215, the government may, The U.N. wants to spend $1.2 billion in renovating the New York City ing the lion’s share of this renovation. unbeknownst to the suspected person, se- Mr. Chairman, there are serious questions cretly obtain employment, medical, and finan- United Nations headquarters. Then they want to spend $650 million to about the costs of this renovation project. It is cial records, membership lists, and even a key considered wasteful by Donald Trump, who, to one’s office. The only oversight is an annual house the organization in the mean- time for rental purposes or existing of- whatever his faults, knows a thing or two report to Congress of the number of warrants about real estate in New York City. fice space in Manhattan and elsewhere, issued. ‘‘The United Nations is a mess,’’ said Trump so we are roughly up to $1.8 billion. It Mr. Chairman, I have been involved in the recently, ‘‘and they’re spending hundreds of limited oversight that the House Judiciary could be $2 billion. It could be $3 bil- millions of dollars unnecessarily on this Committee has begun. On Friday, June 10, lion. I think before we allow the United project.’’ 2005, the manner in which the Committee Ma- Nations to spend any of this money, In fact, according to published reports, Mr. jority Leadership conducted that hearing is why do we not have a GAO audit, or Trump recently met with Kofi Annan and of- only indicative of the manner in which the why do we not at the very least im- fered to manage the renovation of the U.N. highly controversial provisions of the PATRIOT panel a panel to determine how they building for the much lower total of $500 mil- Act have been foisted upon the American peo- are going to spend this money? Because lion, yet he never received a response from ple. I support the Gentleman’s amendment we know the rental price of real estate the U.N. and urge my colleagues to do the same. in New York, it costs a lot of money. It Several other real estate experts have con- The CHAIRMAN. All time has ex- keeps going up every year. There is no cluded that renovations in New York City pired. doubt that the estimate that the U.N. should cost a fraction of what the U.N. is The question is on the amendment gave of $1.2 billion and roughly $650 claiming is necessary to fix their buildings. offered by the gentleman from New million to relocate while they renovate I submit these press accounts detailing the York (Mr. NADLER). is very small. These initial financial opposition of New York City real estate devel- The amendment was rejected. estimates probably are not accurate. opers for the record.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\A15JN7.048 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4547 If these real estate experts are right, then it perhaps because so few people are aware of ing generously for upgrades that might be appears that hundreds of millions of dollars it. Establishment figures such as Colin Pow- peculiar to the United Nations, Mr. Siegel may be unaccounted for, either through in- ell, Ed Koch, and Mortimer Zuckerman have added, he would set $250 per square foot as been enlisted to head a committee to lobby the absolute maximum. competence or corruption. for the project. With the notable exception of I would appear, then, that hundreds of mil- We are still trying to get to the bottom of the the New York Sun, however, the press has lions of dollars are unaccounted for, even on Oil-for-Food scandal, in which $20 billion in been virtually silent. This seems odd, in view the most generous assumptions. U.N. funds were also somehow ‘‘lost.’’ The of the serious questions that have been Trump has gone further, expressing the U.N. does not have the best track record for raised about the cost of the renovation. view that the expenses projected by the U.N. competent and legitimate spending. The U.N.’s Capital Master Plan states that can only be the result of graft or incom- a total of 2,651,000 square feet will be ren- petence. In a speech on the Senate floor on Mr. Chairman, there are obviously serious April 6, 2005, Senator Jeff Sessions recounted questions about the U.N.’s renovation project, ovated. Assuming that figure to be correct, the per square foot cost would be $452. But, his conversation with Trump: which, along with their plans for temporary Let me share this story with you, which is as reported by the Sun, real estate experts pretty shocking to me. The $1.2 billion loan housing, will cost close to $2 billion. question whether the U.N.’s facilities con- the United Nations wants is to renovate a The questions involved with this renovation tain anywhere near that amount of space. building. Some member of the United Na- project are not dealt with in Chairman HYDE’s According to the U.N.’s web site, the organi- bill, in the Gingrich-Mitchell report. tions, a delegate, apparently, from Europe, zation’s headquarters include four main had read in the newspaper in New York that This amendment is not an anti-U.N. amend- structures, whose size has been estimated as Mr. Donald Trump . . . had just completed ment. What this amendment is attempting to follows: The Trump World Tower—not a 30-story do is make sure that American taxpayer dol- Secretariat Building: 39 floors and three building like the United Nations, but a 90- lars are spent wisely. We need to make sure subfloors, approximately 500,000 square feet. story building, for a mere $350 million, less General Assembly Building: Five total than one-third of that cost. So the European that this renovation project is being run in a floors, approximately 380 ft. by 160 ft., or transparent and cost-effective fashion. United Nations delegate was curious about 304,000 square feet. the $1.2 billion they were spending on the If we waste hundreds of millions of dollars Conference Building: Four stories, approxi- United Nations. He knew he didn’t know mately 115,000 square feet. on this renovation, that’s money that won’t be what the real estate costs are in New York. Dag Hummarskjold Library: Four stories able to go toward peace and humanitarian ef- So, he called Mr. Trump and they discussed and two sublevels, 219 ft. by 84 ft., total forts. it. Mr. Trump told him that building he built 110,376 square feet. So what this amendment will do is tell the for $350 million was the top of the line. It has If these estimates are correct, only around the highest quality of anything you would U.N. that we will have no part of financing this 1,029,000 square feet will be renovated under need in it. They discussed the matter, and an renovation until we see some sort of action the U.N.’s proposal. At a total cost of $1.2 arrangement was made for Mr. Trump to taken to ensure that there is financial account- billion, the project would then weigh in at meet Kofi Annan, Secretary-General, to dis- ability. over $1,100 per square foot. cuss the concerns.... So according to Mr. I urge my colleagues to support this amend- Either of these figures is regarded by local Trump, who I talked to personally this real estate developers as stunning. The New ment and to support financial accountability. morning, they go meet with Mr. Annan, who York Sun reported on February 4, 2005: [From the Weekly Standard, May 16, 2005] had asked some staff member to be The United Nations has said its plans to TROUBLE AT TURTLE BAY there.... When the European asked how renovate its headquarters at Turtle Bay will these numbers could happen, Mr. Trump said (By John Hinderaker) cost $1.2 billion. The United Nations has been in the news of That strikes Donald Trump as far too the only way would be because of incom- petence, or fraud. That is how strongly he late. As usual, most of the news is negative: much. ‘‘The United Nations is a mess,’’ the felt about this price tag because he pointed evidence suggesting that one or more mem- developers said yesterday, ‘‘and they’re out to me that renovation costs much less bers of the Security Council were bribed by spending hundreds of millions of dollars un- than building an entirely new building. So he Saddam; an inability to deal effectively with necessarily on this project.’’ has a meeting with Mr. Annan, and they various crises in Africa; the embarrassing And he’s not the only one. Several Manhat- have some discussion. And Mr. Trump says presence of nations such as Iran, Syria, tan real-estate experts told The New York these figures can’t be acceptable. He told me Libya, Zimbabwe, and Saddam’s Iraq on U.N. Sun this week that renovating premium of- in my conversation this morning, he said: commissions on human rights, proliferation fice space should cost a fraction, on a per- You can quote me. You can say what I am and weapons of mass destruction; the oil for square-foot basis, of what U.N. officials ex- saying. He said they don’t know. The person pect to pay. food scandal. who had been working on this project for 4 In the midst of these controversies, the An executive managing director at the years couldn’t answer basic questions about United Nations is proceeding with plans to commercial real-estate firm Julien J. what was involved in renovating a major upgrade its Manhattan headquarters. The or- Studley Inc., Woody Heller, said a thorough building. He was not capable nor competent renovation of an office building would prob- ganization’s headquarters at Turtle Bay to do the job. He went and worked on it, and ably cost between $85 and $160 per square were completed in 1950 and renovated in the talked about it, and eventually made an foot. 1970s. The United Nations now believes that offer. He said he would manage the refurbish- An executive vice president at Newmark, another renovation project is necessary, and ment, the renovation, of the United Nations Scott Panzer, said renovation prices could has prepared a $1.2 billion plan to carry out Building, and he would not charge personally range between $120 and $200 per square foot. the work. for his fee in managing it. He would bring it Mr. Panzer, who works with many corpora- While the construction is underway, the in at $500 [million], less than half of what tions to redevelop their buildings for future organization will need to be housed else- they were expecting to spend, and it would where. In its original form, the U.N. plan in- efficiency and energy cost savings, put a be better.... Yet he never received a re- cluded construction of a new, 35-story build- price of $70 to $100 per square foot on infra- sponse from the United Nations. ing over Robert Moses Playground, a park structure upgrades. Those would include It appears there are serious questions near Turtle Bay, at a cost of an additional heating; ventilation; air conditioning; re- about the U.N.’s renovation project. Depend- $650 million. This new building was slated to placing the central plant; fenestration (spe- ing on which assumptions one accepts about be the U.N.’s home during the renovation cifically, switching from single-pane to ther- cost and square footage, anywhere from $500 project, and to continue in use by the organi- mal-pane windows); upgrading elevator million to $1 billion in expense is unac- zation thereafter. switch gears, mechanicals, and vertical counted for. Given the U.N.’s history, is It was the construction of this new build- transportation; improving air quality, and there any reason to doubt that the costs pro- ing—for which approval by the New York making security upgrades. On top of that jected by that organization include substan- legislature was required—that first drew amount, another $50 to $100 per square foot tial sums representing, as Trump put it, in- public criticism of the project. Bipartisan would take care of the inside office improve- competence or fraud? Given what we know opposition to the new building stalled legis- ments. about the oil-for-food program, is there any lative action in the New York Senate. With The chairman of global brokerage at com- reason to trust the U.N.’s business or ac- no sign that senators opposing the project mercial real-estate firm CB Richard Elis, counting practices? would relent, Kofi Annan, on May 10, issued Stephen Siegel, said high-end commercial American taxpayers have a legitimate in- a statement urging the United Nations to renovation usually runs $50 to $100 per terest in knowing the answers to these ques- abandon its plan for the new building, on the square foot. For a renovation that does not tion. The renovation is to be financed by a ground that it could not now be completed in include new furniture—according to the 2002 low-interest, 30-year, $1.2 billion loan from time for its projected use as a temporary Capital Master Plan, the United Nations’ the U.S. government. (Kofi Annan’s original home. Instead, the United Nations will look will not—but does provide for improved heat- request for an interest-free loan was turned for existing office space elsewhere in Man- ing, ventilation, and air-conditioning equip- down.) And, of course, the loan will then be hattan. ment, as well as work on the building exte- repaid largely by American taxpayers, who There has been little debate over the rior, the cost would be closer to the $100 end foot a little over 20 percent of the U.N.’s broader issue of the renovation project itself, of the range, Mr. Siegel said. Even account- bills.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.057 H15JNPT1 H4548 CONGRESSIONAL RECORD — HOUSE June 15, 2005 A few congressmen and senators have fi- on this contract and not procurement Mr. Chairman, this amendment is nally begun to ask whether the U.N. building on a cost-plus fee basis or cost-plus- very clear and straightforward. None of project is a boondoggle. It’s about time. plus basis. These are the kind of con- the funds made available in this act Mr. Chairman, I reserve the balance tracts that just roll out of pocket. We may be used to deny the production of of my time. need to tell the United Nations that safety reports regarding the NASA Mr. WOLF. Mr. Chairman, I yield they have to be accountable and pro- space shuttle program and the inter- myself 1 minute. I think the gentleman vide good financial accountability, not national space station. To the credit of makes some decent points. There were just for United States dollars, but also NASA and to the credit of the members the Gingrich-Mitchell recommenda- for all the dollars. of the House Science Committee, we tions which have been made. The gen- Mr. DAVIS of Illinois. Mr. Chairman, the have joined together along with the tleman said that he would withdraw Legal Services Corporation (LSC) is a private Senate and been diligent and steadfast the amendment if we got a GAO study. nonprofit, federally funded corporation that as it relates to safety issues in the I think we ought to look at this thing. helps provide legal assistance to low-income human space shuttle and international I think that the committee will ask people in civil matters. When the LSC was space station. the GAO to do a study to look at the first established, its initial goal was to provide Those of us who come from the re- cost and make sure. It is hard to argue all low-income people with at least minimum gion that I come from and have as our against the gentleman for wanting a access to legal services, defined as the equiv- neighbor the Johnson Space Center study because we now know, and being alent of two legal services attorneys for every have lived through Challenger and then the author of that task force, that the 10,000 poor people. This goal was achieved Columbia. These are our neighbors, our U.N. failed on the Oil-for-Food pro- briefly in FY 1980 but not maintained due to friends, and certainly the families are gram. I think it makes sense. inflation and subsequent budget cuts. families that we care for. In fact, so With that, I will pledge and I will Legal services provided through LSC funds many of the names are household wait to hear what the gentleman from are available only in civil matters to individuals names to us because, as I said, they are West Virginia says, but we will ask the with incomes less than 125% of the federal our neighbors. GAO for a study to look at these poverty guidelines. The LSC places primary This amendment simply reinforces things. focus on cases that deal with family related the importance of safety and safety re- Mr. Chairman, I reserve the balance issues like divorce, separation, child custody, ports as it relates to the human space of my time. support, adoption, spousal abuse, child abuse shuttle and the international space Mr. MOLLOHAN. Mr. Chairman, I or neglect, evictions, foreclosures, access to station. Just recently NASA was able yield myself such time as I may con- health care, debt collection, employment, to report that 3 out of the 15 safety re- sume. I rise in opposition to the health and education. Most cases are resolved quirements that were recommended by amendment. It is my understanding outside the courtroom via legal advice and the Columbia report have now been that the gentleman will withdraw his telephone calls by attorneys. This is a very completed. At the same time, the amendment upon an understanding cost-effective approach to settling legal mat- international space station is making that the chairman, who I would sup- ters. steadfast but slow progress in securing port, would encourage a GAO study? I opposed Representative STEARNS amend- that facility. Over the last couple of Mr. STEARNS. If the gentleman will ment to reduce the Legal Services Corporation months, we have seen article after arti- yield, I will. I am reluctant to do it, FY2006 appropriations allocation by $10 mil- cle about air quality and a number of but I would. lion. The LSC is already underfunded to pro- other concerns that will require our Mr. MOLLOHAN. Then I agree to vide low-income people with adequate and oversight. proceed in that manner. necessary resources to solve their legal mat- This amendment wants to reinforce Mr. STEARNS. Let me just complete ters. the fact that we are committed to ex- my presentation, then. I will be glad to Mr. STEARNS. Mr. Chairman, I ask ploration in space, but likewise, we are withdraw it as long as I get the con- unanimous consent to withdraw my committed to safety. One of the issues firmation that there will be a GAO amendment. that was very important during the study before these moneys are issued. The CHAIRMAN. Is there objection time of Columbia and the review that Mr. MOLLOHAN. With that represen- to the request of the gentleman from occurred, one, to put forward the most tation, I will not oppose the gen- Florida? effective and efficient commission that tleman. There was no objection. we could, and the Gehman Commission Mr. Chairman, I yield back the bal- AMENDMENT OFFERED BY MS. JACKSON-LEE OF did an outstanding job; but, two, to en- ance of my time. TEXAS sure that we retained skilled workers. Mr. STEARNS. Mr. Chairman, I yield Ms. JACKSON-LEE of Texas. Mr. I am very gratified to note that lan- myself the balance of my time. Chairman, I offer an amendment. guage in this legislation indicates that These are serious questions when you The CHAIRMAN. The Clerk will des- if a worker is trained along the line of spend $1.2 billion. Obviously we are ignate the amendment. safety skills, then their work position going to pay one-fourth of this. At the The text of the amendment is as fol- should certainly be protected, or there very least, with all this kind of waste lows: should be some reason for their termi- we have seen and fraud in some of nation if that occurs. Amendment offered by Ms. JACKSON-LEE of these estimates around here, it is not Texas: This amendment is to focus us again unreasonable for taxpayers to have At the end of the bill (before the short on the fact that if we are recommitting some kind of control over this. We are title), insert the following: ourselves to the vision of Mars, the vi- just trying to make sure that Amer- TITLE VIII—ADDITIONAL GENERAL sion of exploration, then we should ican taxpayers’ dollars are used wisely, PROVISIONS commit ourselves to the safety of the and that the renovation project is SEC. 8ll. None of the funds made avail- personnel who are engaged, the safety being run in a transparent and cost-ef- able in this Act may be used to deny the pro- of those who reside on the inter- fective manner, and, in fact, when duction of safety reports regarding the national space station, the safety of these employees go to other places to NASA Space Shuttle program and the Inter- those who will travel. live while they do the renovation, that national Space Station. Let me also say, Mr. Chairman, that they do not waste hundreds of millions The CHAIRMAN. Pursuant to the in reviewing the articles that I have of dollars in doing so. order of the House of June 14, the gen- seen over the last couple of weeks list- I think the United Nations has had tlewoman from Texas (Ms. JACKSON- ing and reviewing reports, we note that several offers from developers in town, LEE) and a Member opposed each will we have just discovered that the poten- in New York City, to say we will do control 5 minutes. tial for falling debris can be as threat- this for one-third of the cost. I think The Chair recognizes the gentle- ening to the human space shuttle as it the United Nations has to tell us, if woman from Texas (Ms. JACKSON-LEE). was 3, 4, 5, 6 years ago. That is a safety you are going ahead with this project, Ms. JACKSON-LEE of Texas. Mr. question. No manner of reports or we have got to have assurance that Chairman, I yield myself such time as study are too much to determine that there is going to be a fixed-cost basis I may consume. safety.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.059 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4549 This amendment, as I said, is Mr. Chairman, this is a simple amendment small rural communities as well as straightforward. I ask my colleagues to that does not affect the functionality of NASA. large metropolitan areas, including the support it, which is to emphasize the Rather, it seeks to strike the balance between 38 States here in this poster. importance of safety reports and re- the need to explore and learn expeditiously As of last March, the center has in- view by NASA to ensure that whatever and the need to remain deliberate, respon- structed a total of 19,308 law enforce- we do, it be done safely, protecting the sible, and safe in doing so. ment professionals from 1,338 different lives of Americans who are willing to I ask that my colleagues support this agencies and actually some foreign go forward and explore space on our be- amendment. countries as well. It establishes a cen- half. Mr. WOLF. Mr. Chairman, will the tral clearinghouse for organization, co- I thank the chairman and the ranking mem- gentlewoman yield? ordination, curriculum development ber of the subcommittee for their hard work in Ms. JACKSON-LEE of Texas. I yield and resource and intelligence sharing making the conduct of this floor consideration to the gentleman from Virginia. that will benefit everyone impacted by a bipartisan experience thus far, and I thank Mr. WOLF. Mr. Chairman, we support the meth problem. It draws on the them for making the Jackson-Lee amendment the amendment. We support safety. I input and cooperation of local law en- in order. This amendment, designated as thank the gentlewoman for offering it. forcement, the business community, ‘‘Jackso 110,’’ seeks to preclude funds that in We accept the amendment. educational institutions, health cen- any way obstruct or otherwise hinder the pro- Ms. JACKSON-LEE of Texas. Re- ters and community groups to create a duction of safety reports as to the NASA claiming my time, let me thank the network of cooperation and an atmos- Space Shuttle program and the International gentleman and let me thank my col- phere of mutual support that will exist Space Station. leagues. I thank them for the accepting well into the future. It provides up-to- As a member of the House Science Sub- of this amendment. date information and training on the committee on Space and Aeronautics as well Mr. Chairman, I yield back the bal- growing trend of terrorists using the as a Representative of the 18th Congressional ance of my time. sale of illegal drugs to fund their ac- District, home of the Johnson Space Center, The CHAIRMAN. The question is on tivities. which is where astronaut training and Mission the amendment offered by the gentle- Meth can be manufactured a lot of Control take place. The safety of our space woman from Texas (Ms. JACKSON-LEE). ways. We have talked about that in missions is paramount, and this is the impetus The amendment was agreed to. this appropriations process. behind the Jackson-Lee amendment. I offered Mr. WOLF. Mr. Chairman, I move to I want to also emphasize that they this important amendment with the upcoming strike the last word. have opened up a canine training cen- launch of Space Shuttle Discovery next month I would just say, that chart has been ter to train drug dogs here at the Re- for International Space Station Flight LF1 in used a lot today for different issues. gional Training Center, now just really mind. During this mission, new inspection and This is probably the right issue for this renamed the National Training Center. repair techniques will be implemented; there- time; is that correct? It has been up They have struggled to put together fore, it is important that full reporting remain here before. It is the chart that keeps the funding. This is something that unimpeded. reappearing. was initiated by the gentleman from In the past, I have introduced legislation that Mr. KING of Iowa. Mr. Chairman, Iowa (Mr. LATHAM) some years ago. would provide for the establishment of an will the gentleman yield? Today they can hang on for a little independent, Presidentially appointed Com- Mr. WOLF. I yield to the gentleman while, but they need an appropriation. mission to assess the safety of the Inter- from Iowa. They need an appropriation that hope- national Space Station and its crew, H.R. Mr. KING of Iowa. Mr. Chairman, I fully will either be implemented in the 4522 in the 108th Congress. The Jackson-Lee thank the gentleman for yielding. This Senate or else come out of the con- amendment is consistent with the spirit of this is the right poster this time. This is a ference report. I would ask him with legislation by preserving the oversight and re- poster that illustrates a number of the confidence if the gentleman would be porting functions that are in place. States that have participated in send- willing to work with me on that par- Since the tragic Columbia Space Shuttle ac- ing their law enforcement officers to ticular initiative. cident safety must be our number one priority. the Regional Training Center in Sioux Mr. WOLF. We will definitely work I am working with the majority party appropria- City, Iowa. In fact, now it is the Na- with the gentleman in conference to tions to have language inserted in the Con- tional Training Center in Sioux City, ensure that this program is funded. ference Report for this bill which would direct Iowa, that has trained hundreds and Mr. KING of Iowa. I thank the gen- NASA to report the amount of money spent in hundreds of police officers. tleman very much for his work on this its budget for safety overall as well as for each Drug trafficking and its many associ- issue and on many others on this ap- major program and initiative for it fiscal year ated crimes such as robbery, burglary propriations bill. 2007 budget request and for all following and murder contribute to the decay of SEQUENTIAL VOTES POSTPONED IN COMMITTEE years. This language about NASA safety will our social fabric. This problem is not OF THE WHOLE help determine if enough funds are being dis- only found locally or regionally, but The CHAIRMAN. Pursuant to clause persed for safety procedures. In addition, it will also nationally. Unfortunately, small- 6 of rule XVIII, proceedings will now allow appropriators to determine from year to town and rural America are no longer resume on those amendments on which year whether there has been an increase or shielded from the impact of illegal further proceedings were postponed in decrease in safety spending. However, more drugs. Methamphetamine producers the following order: amendment offered can be done and must be done to assure our and traffickers are some of the most by the gentlewoman from Ohio (Mrs. brave astronauts that we have done all we dangerous drug offenders in our com- JONES), amendment No. 21 offered by can to ensure their safety. munities. the gentleman from Indiana (Mr. Given the great distances that NASA has I want to thank the gentleman from HOSTETTLER), and amendment offered traveled in terms of progressing from wide- Virginia for his recognition of the im- by the gentleman from Vermont (Mr. spread scrutiny and speculation as to whether portance of the Regional Training Cen- SANDERS). it operated with a culture of safety, the Jack- ter in Sioux City and its inclusion as a The Chair will reduce to 5 minutes son-Lee amendment will preserve the trans- line in the House report. The Regional the time for any electronic vote after parency and the commitment to safety that will Training Center utilizes a regional and the first vote in this series. help the families of the brave astronauts who national approach to bring commu- AMENDMENT OFFERED BY MRS. JONES OF OHIO will travel with Discovery feel an added com- nities and criminal justice agencies to- The CHAIRMAN. The pending busi- fort. In the summer of 2003, Columbia acci- gether to receive training to control ness is the demand for a recorded vote dent investigators condemned NASA’s safety the growing national problem of meth- on the amendment offered by the gen- culture and put as much blame on poor man- amphetamine, poly-drugs and their as- tlewoman from Ohio (Mrs. JONES) on agement as the flyaway piece of foam insula- sociated crimes. The Regional Training which further proceedings were post- tion that tore a hole in the shuttle’s lift wing at Center seeks a comprehensive approach poned and on which the noes prevailed liftoff. The shuttle was destroyed during re- to control and reduce meth trafficking, by voice vote. entry on February 1, 2003, killing all seven as- production and usage along with other The Clerk will redesignate the tronauts aboard. drugs. It provides training that serves amendment.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.175 H15JNPT1 H4550 CONGRESSIONAL RECORD — HOUSE June 15, 2005 The Clerk redesignated the amend- Cole (OK) Issa Pitts tleman from Indiana (Mr. HOSTETTLER) ment. Conaway Istook Platts on which further proceedings were Cox Jenkins Poe RECORDED VOTE Crenshaw Jindal Pombo postponed and on which the noes pre- The CHAIRMAN. A recorded vote has Cubin Johnson (CT) Porter vailed by voice vote. Culberson Johnson (IL) Price (GA) The Clerk will redesignate the been demanded. Cunningham Johnson, Sam Pryce (OH) amendment. A recorded vote was ordered. Davis (KY) Jones (NC) Putnam The vote was taken by electronic de- Davis, Jo Ann Keller Radanovich The Clerk redesignated the amend- Davis, Tom Kelly Ramstad ment. vice, and there were—ayes 201, noes 222, Deal (GA) Kennedy (MN) Regula RECORDED VOTE not voting 10, as follows: DeLay King (IA) Rehberg Dent King (NY) [Roll No. 256] Reichert The CHAIRMAN. A recorded vote has Diaz-Balart, L. Kingston Renzi been demanded. AYES—201 Diaz-Balart, M. Kirk Reynolds Doolittle Kline A recorded vote was ordered. Abercrombie Green, Gene Neal (MA) Rogers (AL) Drake Knollenberg The CHAIRMAN. This will be a 5- Ackerman Grijalva Obey Rogers (KY) Dreier Kolbe Allen Gutierrez Rogers (MI) minute vote. Olver Duncan Kuhl (NY) Andrews Harman Rohrabacher Ortiz Ehlers LaHood The vote was taken by electronic de- Baca Hastings (FL) Ros-Lehtinen Owens Emerson Latham vice, and there were—ayes 242, noes 182, Baird Herseth Royce Pallone English (PA) LaTourette Baldwin Higgins Ryan (WI) not voting 9, as follows: Pascrell Everett Leach Barrow Hinchey Ryun (KS) Pastor Feeney Lewis (CA) [Roll No. 257] Bean Hinojosa Saxton Payne Ferguson Lewis (KY) AYES—242 Becerra Holden Schwarz (MI) Pelosi Fitzpatrick (PA) Linder Berkley Holt Sensenbrenner Aderholt Foley McKeon Pomeroy Flake LoBiondo Berman Honda Shadegg Akin Forbes McMorris Price (NC) Foley Lucas Berry Hooley Shaw Alexander Fortenberry Melancon Rahall Forbes Lungren, Daniel Bishop (GA) Hoyer Shays Bachus Fossella Mica Rangel Fortenberry E. Bishop (NY) Inslee Sherwood Baker Foxx Miller (FL) Fossella Mack Blumenauer Israel Reyes Barrett (SC) Franks (AZ) Miller (MI) Foxx Manzullo Shuster Boren Jackson (IL) Ross Barrow Frelinghuysen Miller, Gary Franks (AZ) Marchant Simmons Boswell Jackson-Lee Rothman Bartlett (MD) Gallegly Moore (KS) Frelinghuysen McCaul (TX) Simpson Boucher (TX) Roybal-Allard Barton (TX) Gerlach Moran (KS) Gallegly McCrery Smith (NJ) Boyd Jefferson Ruppersberger Bass Gibbons Murphy Gerlach McHenry Smith (TX) Brady (PA) Johnson, E. B. Rush Beauprez Gillmor Musgrave Gibbons McHugh Sodrel Brown (OH) Jones (OH) Ryan (OH) Berry Gingrey Myrick Gilchrest McKeon Souder Brown, Corrine Kanjorski Sabo Biggert Gohmert Neugebauer Gillmor McMorris Stearns Butterfield Kaptur Salazar Bilirakis Goode Ney Gingrey Mica Sweeney Capps Kennedy (RI) Sa´ nchez, Linda Bishop (GA) Goodlatte Northup Gohmert Miller (FL) Tancredo Capuano Kildee T. Bishop (UT) Gordon Norwood Goode Miller (MI) Taylor (NC) Cardin Kilpatrick (MI) Sanchez, Loretta Blackburn Graves Nussle Goodlatte Miller, Gary Terry Cardoza Kind Sanders Blunt Green (WI) Ortiz Granger Moran (KS) Thomas Carnahan Kucinich Schakowsky Boehner Green, Gene Osborne Graves Murphy Thornberry Carson Langevin Schiff Bonilla Gutknecht Otter Green (WI) Musgrave Tiahrt Case Lantos Schwartz (PA) Bonner Hall Oxley Gutknecht Myrick Tiberi Chandler Larsen (WA) Scott (GA) Boozman Harris Paul Hall Neugebauer Turner Clay Larson (CT) Scott (VA) Boren Hart Pearce Harris Ney Upton Cleaver Lee Boswell Hastings (WA) Pence Serrano Hart Norwood Walden (OR) Clyburn Levin Boustany Hayes Peterson (MN) Sherman Hastings (WA) Nunes Walsh Conyers Lewis (GA) Boyd Hayworth Peterson (PA) Shimkus Hayes Nussle Wamp Cooper Lipinski Bradley (NH) Hefley Petri Skelton Hayworth Osborne Weldon (FL) Costa Lofgren, Zoe Brady (TX) Hensarling Pickering Slaughter Hefley Otter Weller Costello Lowey Brown (SC) Herger Pitts Smith (WA) Hensarling Oxley Westmoreland Cramer Lynch Brown-Waite, Herseth Platts Snyder Herger Paul Whitfield Crowley Maloney Ginny Higgins Poe Solis Hobson Pearce Wicker Cummings Markey Burgess Hinojosa Pombo Spratt Hoekstra Pence Wilson (NM) Davis (AL) Marshall Burton (IN) Hobson Pomeroy Stark Hostettler Peterson (MN) Wilson (SC) Davis (CA) Matheson Buyer Hoekstra Porter Strickland Hulshof Peterson (PA) Wolf Davis (FL) Matsui Calvert Hostettler Price (GA) Stupak Hunter Petri Young (AK) Davis (IL) McCarthy Camp Hulshof Pryce (OH) Tanner Inglis (SC) Pickering Young (FL) Davis (TN) McCollum (MN) Cannon Hunter Putnam Tauscher DeFazio McCotter Cantor Inglis (SC) Radanovich Taylor (MS) NOT VOTING—10 DeGette McDermott Capito Issa Rahall Thompson (CA) Bono Napolitano Sullivan Delahunt McGovern Cardoza Istook Ramstad Thompson (MS) Cuellar Northup DeLauro McIntyre Weldon (PA) Carter Jenkins Regula Tierney Garrett (NJ) Oberstar Dicks McKinney Chabot Jindal Rehberg Hyde Sessions Dingell McNulty Towns Chandler Johnson (IL) Reichert Udall (CO) Doggett Meehan ANNOUNCEMENT BY THE CHAIRMAN Chocola Johnson, Sam Renzi Udall (NM) Doyle Meek (FL) The CHAIRMAN (during the vote). Coble Jones (NC) Reyes Edwards Meeks (NY) Van Hollen Cole (OK) Kaptur Reynolds Emanuel Melancon Vela´ zquez Members are advised 2 minutes remain Conaway Keller Rogers (AL) Engel Menendez Visclosky in this vote. Costello Kelly Rogers (KY) Eshoo Michaud Wasserman Cox Kennedy (MN) Rogers (MI) Etheridge Millender- Schultz b 1735 Cramer King (IA) Rohrabacher Waters Evans McDonald Messrs. TIBERI, BOEHNER, BASS Crenshaw King (NY) Ros-Lehtinen Farr Miller (NC) Watson Cubin Kline Ross Fattah Miller, George Watt and LoBIONDO changed their vote Culberson Kuhl (NY) Royce Filner Mollohan Waxman from ‘‘aye’’ to ‘‘no.’’ Cunningham LaHood Ryan (WI) Ford Moore (KS) Weiner Mr. TAYLOR of Mississippi, Ms. LO- Davis (KY) Langevin Ryun (KS) Frank (MA) Moore (WI) Wexler Davis (TN) Latham Salazar Gonzalez Moran (VA) Woolsey RETTA SANCHEZ of California and Davis, Jo Ann LaTourette Saxton Gordon Murtha Wu Ms. McKINNEY changed their vote Deal (GA) Leach Schwarz (MI) Green, Al Nadler Wynn from ‘‘no’’ to ‘‘aye.’’ DeLay Lewis (KY) Scott (GA) Diaz-Balart, L. Linder Sensenbrenner NOES—222 So the amendment was rejected. The result of the vote was announced Diaz-Balart, M. Lipinski Shadegg Aderholt Blackburn Burgess Doolittle LoBiondo Shaw Akin Blunt Burton (IN) as above recorded. Drake Lucas Sherwood Alexander Boehlert Buyer Stated for: Dreier Lynch Shimkus Bachus Boehner Calvert Ms. NAPOLITANO. Mr. Chairman, on rollcall Duncan Mack Shuster Baker Bonilla Camp No. 256, had I been present, I would have Ehlers Manzullo Simmons Barrett (SC) Bonner Cannon Emerson Marchant Simpson Bartlett (MD) Boozman Cantor voted ‘‘aye.’’ English (PA) Marshall Skelton Barton (TX) Boustany Capito AMENDMENT NO. 21 OFFERED BY MR. Etheridge Matheson Smith (NJ) Bass Bradley (NH) Carter HOSTETTLER Everett McCaul (TX) Smith (TX) Feeney McCotter Sodrel Beauprez Brady (TX) Castle The CHAIRMAN. The pending busi- Biggert Brown (SC) Chabot Ferguson McCrery Souder Bilirakis Brown-Waite, Chocola ness is the demand for a recorded vote Fitzpatrick (PA) McHenry Stearns Bishop (UT) Ginny Coble on the amendment offered by the gen- Flake McIntyre Tancredo

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.178 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4551 Tanner Turner Westmoreland tleman from Vermont (Mr. SANDERS) Towns Wasserman Wexler Taylor (MS) Upton Whitfield on which further proceedings were Udall (CO) Schultz Whitfield Taylor (NC) Walden (OR) Wicker Udall (NM) Waters Woolsey Terry Walsh Wilson (SC) postponed and on which the noes pre- Van Hollen Watson Wu Thornberry Wamp Wynn vailed by voice vote. Vela´ zquez Watt Wynn Tiahrt Weldon (FL) Young (AK) The Clerk will redesignate the Visclosky Waxman Young (AK) Tiberi Weller Young (FL) Walden (OR) Weiner amendment. NOES—182 The Clerk redesignated the amend- NOES—187 Abercrombie Harman Neal (MA) ment. Aderholt Gerlach Northup Ackerman Hastings (FL) Nunes Akin Gibbons Norwood Allen Hinchey Obey RECORDED VOTE Alexander Gilchrest Nunes Andrews Holden Olver The CHAIRMAN. A recorded vote has Bachus Gingrey Nussle Baca Holt Owens been demanded. Baker Gohmert Osborne Baird Honda Barrett (SC) Goode Oxley Pallone A recorded vote was ordered. Baldwin Hooley Pascrell Barton (TX) Goodlatte Pearce Bean Hoyer Pastor The CHAIRMAN. This will be a 5- Bass Granger Pence Becerra Inslee Payne minute vote. Beauprez Graves Pickering Berkley Israel Pelosi Biggert Green (WI) Pitts Berman Jackson (IL) The vote was taken by electronic de- Bilirakis Gutknecht Price (NC) Platts Bishop (NY) Jackson-Lee vice, and there were—ayes 238, noes 187, Blackburn Hall Pombo Rangel Blumenauer (TX) Blunt Hart Price (GA) Rothman not voting 8, as follows: Boehlert Jefferson Boehner Hastings (WA) Pryce (OH) Roybal-Allard Brady (PA) Johnson (CT) [Roll No. 258] Bonilla Hayes Putnam Brown (OH) Johnson, E. B. Ruppersberger AYES—238 Bonner Hayworth Radanovich Brown, Corrine Jones (OH) Rush Boren Hefley Ramstad Abercrombie Flake Butterfield Kanjorski Ryan (OH) Millender- Boustany Hensarling Regula Ackerman Ford Capps Kennedy (RI) Sabo McDonald Bradley (NH) Herger Reichert Allen Frank (MA) Capuano Kildee Sa´ nchez, Linda Miller (FL) Brady (TX) Hobson Renzi Andrews Gillmor Cardin Kilpatrick (MI) T. Miller (NC) Brown (SC) Hoekstra Reynolds Baca Gonzalez Carnahan Kind Sanchez, Loretta Miller, George Brown-Waite, Hostettler Rogers (AL) Baird Gordon Carson Kingston Sanders Mollohan Ginny Hulshof Rogers (KY) Baldwin Green, Al Case Kirk Schakowsky Moore (KS) Burton (IN) Hunter Rogers (MI) Barrow Green, Gene Castle Knollenberg Schiff Moore (WI) Buyer Inglis (SC) Rohrabacher Bartlett (MD) Grijalva Clay Kolbe Schwartz (PA) Moran (KS) Calvert Issa Ros-Lehtinen Bean Gutierrez Moran (VA) Cleaver Kucinich Scott (VA) Camp Istook Royce Becerra Harman Murtha Clyburn Lantos Serrano Cannon Jenkins Ryan (WI) Berkley Harris Musgrave Conyers Larsen (WA) Shays Cantor Jindal Ryun (KS) Berman Hastings (FL) Nadler Cooper Larson (CT) Sherman Capito Johnson (CT) Saxton Berry Herseth Costa Lee Napolitano Carter Johnson, Sam Sensenbrenner Slaughter Bishop (GA) Higgins Crowley Levin Neal (MA) Chabot Keller Shadegg Smith (WA) Bishop (NY) Hinchey Cummings Lewis (CA) Ney Chocola Kelly Shaw Snyder Bishop (UT) Hinojosa Davis (AL) Lewis (GA) Obey Coble Kennedy (MN) Shays Solis Blumenauer Holden Davis (CA) Lofgren, Zoe Olver Cole (OK) King (IA) Sherwood Spratt Boehlert Holt Davis (FL) Lowey Ortiz Conaway King (NY) Shimkus Stark Boozman Honda Davis (IL) Lungren, Daniel Otter Cox Kline Shuster Strickland Boswell Hooley Davis, Tom E. Owens Crenshaw Knollenberg Simmons Stupak Boucher Hoyer DeFazio Maloney Pallone Culberson Kolbe Simpson Sweeney Boyd Inslee DeGette Markey Pascrell Cunningham Kuhl (NY) Smith (NJ) Tauscher Brady (PA) Israel Delahunt Matsui Pastor Davis (KY) Latham Smith (TX) Thomas Brown (OH) Jackson (IL) DeLauro McCarthy Paul Davis, Jo Ann Lewis (CA) Sodrel Thompson (CA) Brown, Corrine Jackson-Lee Dent McCollum (MN) Payne Davis, Tom Lewis (KY) Souder Thompson (MS) Burgess (TX) Dicks McDermott Pelosi Deal (GA) Linder Stearns Tierney Butterfield Jefferson Dingell McGovern Peterson (MN) DeLay LoBiondo Sweeney Towns Capps Johnson (IL) Doggett McHugh Peterson (PA) Dent Lucas Tancredo Udall (CO) Capuano Johnson, E. B. Doyle McKinney Petri Diaz-Balart, L. Lungren, Daniel Terry Cardin Jones (NC) Edwards McNulty Udall (NM) Poe Diaz-Balart, M. E. Thomas Cardoza Jones (OH) Emanuel Meehan Van Hollen Pomeroy Doolittle Mack Thornberry ´ Carnahan Kanjorski Engel Meek (FL) Velazquez Porter Drake Marchant Tiahrt Carson Kaptur Eshoo Meeks (NY) Visclosky Price (NC) Dreier McCaul (TX) Tiberi Case Kennedy (RI) Evans Menendez Wasserman Rahall English (PA) McCotter Turner Castle Kildee Farr Michaud Schultz Rangel Everett McCrery Upton Chandler Kilpatrick (MI) Fattah Millender- Waters Rehberg Feeney McHenry Walsh Clay Kind Filner McDonald Watson Reyes Ferguson McHugh Wamp Cleaver Kingston Ford Miller (NC) Watt Ross Foley McKeon Weldon (FL) Clyburn Kirk Frank (MA) Miller, George Waxman Rothman Forbes McMorris Weller Conyers Kucinich Gilchrest Mollohan Weiner Roybal-Allard Fortenberry Mica Westmoreland Cooper LaHood Gonzalez Moore (WI) Wexler Ruppersberger Fossella Miller (MI) Wicker Costa Langevin Granger Moran (VA) Wilson (NM) Rush Foxx Miller, Gary Wilson (NM) Costello Lantos Green, Al Murtha Wolf Ryan (OH) Franks (AZ) Murphy Wilson (SC) Cramer Larsen (WA) Grijalva Nadler Woolsey Sabo Frelinghuysen Myrick Wolf Crowley Larson (CT) Gutierrez Napolitano Wu Salazar Gallegly Neugebauer Young (FL) Cubin LaTourette Sa´ nchez, Linda NOT VOTING—9 Cummings Leach T. NOT VOTING—8 Davis (AL) Lee Sanchez, Loretta Bono Garrett (NJ) Sessions Bono Hyde Sullivan Davis (CA) Levin Sanders Boucher Hyde Sullivan Cuellar Oberstar Davis (FL) Lewis (GA) Schakowsky Weldon (PA) Cuellar Oberstar Weldon (PA) Garrett (NJ) Sessions Davis (IL) Lipinski Schiff ANNOUNCEMENT BY THE CHAIRMAN Davis (TN) Lofgren, Zoe Schwartz (PA) ANNOUNCEMENT BY THE CHAIRMAN DeFazio Lowey Schwarz (MI) The Acting CHAIRMAN (during the DeGette Lynch Scott (GA) The CHAIRMAN (during the vote). vote). Members are advised 2 minutes Delahunt Maloney Scott (VA) Members are advised 2 minutes remain remain in this vote. DeLauro Manzullo Serrano in this vote. Dicks Markey Sherman b 1745 Dingell Marshall Skelton b 1754 Doggett Matheson Slaughter Mr. BUTTERFIELD and Ms. WATERS Doyle Matsui Smith (WA) So the amendment was agreed to. changed their vote from ‘‘aye’’ to ‘‘no.’’ Duncan McCarthy Snyder The result of the vote was announced Mr. WALSH changed his vote from Edwards McCollum (MN) Solis Ehlers McDermott Spratt as above recorded. ‘‘no’’ to ‘‘aye.’’ Emanuel McGovern Stark Mr. THOMPSON of Mississippi. Mr. Chair- So the amendment was agreed to. Emerson McIntyre Strickland man, I am deeply disappointed with the level The result of the vote was announced Engel McKinney Stupak Eshoo McNulty Tanner of funding in this apropriations bill for the State as above recorded. Etheridge Meehan Tauscher Criminal Alien Assistanace Program which AMENDMENT NO. 15 OFFERED BY MR. SANDERS Evans Meek (FL) Taylor (MS) helps States and localities jail criminal aliens. The CHAIRMAN. The pending busi- Farr Meeks (NY) Taylor (NC) The bill is better than the President’s budget Fattah Melancon Thompson (CA) ness is the demand for a recorded vote Filner Menendez Thompson (MS) fiscal year 2006 request of $0 for SCAAP, but on the amendment offered by the gen- Fitzpatrick (PA) Michaud Tierney that isn’t too difficult.

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A15JN7.052 H15JNPT1 H4552 CONGRESSIONAL RECORD — HOUSE June 15, 2005 According to the Congressional Research tinued support for the State Criminal Alien ship, MEP and I would like to commend Chair- Service, the President’s Budget request hasn’t Assistance Program (SCAAP) and to request man WOLF for his support of this important included a funding request for SCAAP since you appropriate $750 million for this program program. in Fiscal Year 2006. SCAAP is vital to states The manufacturing sector in this country fiscal year 2003. Unfortunately, even the level such as ours who bear a significant financial provided in this bill is far below levels nec- burden for the federal government’s failure faces many challenges. There are several essary to address the need of States and lo- to control our nation’s borders. major issues that we and other policy makers calities. Congress has provided help in maintaining on the Federal level need to address to im- Senator FEINSTEIN and a bipartisan House this program—but more is needed. As Gov- prove the business environment for manufac- group including Congressman KOLBE, the gen- ernors, we are well aware of the difficult turers. Those will take time. But the MEP pro- tleman from Arizona, introduced bills that ad- choices that must be made in prioritizing gram has a direct impact on thousands of funding. It is for this reason that we join to- dress the need for higher funding levels for gether to write you now. We want to reit- small and medium manufacturers each year. SCAAP, including S. 188 and H.R. 557 calling erate our strong support for SCAAP and to MEP is a Federal-State-private network of for a SCAAP funding for fiscal year 2006 of assure you of the critical importance of this over 60 centers with 400 locations in all 50 $750 million. program. Each year, thousands of undocu- States. These not-for-profit centers work with The President’s home State of Texas is one mented aliens who have committed crimes in small and medium-sized manufacturers to help of SCAAP’s big beneficiaries. From fiscal year our states are incarcerated in state or local them adopt and use the latest and most effi- 1997 to fiscal year 2004 the President’s home facilities. SCAAP provides only a partial, cient technologies, processes, and business but important, reimbursement for the cost practices. State, Texas, has received over $351 million to incarcerate these individuals. in order to incarcerate criminal aliens. But that Our states are committed to working with The MEP Center in my home State, the doesn’t even come close to the approximately the Federal government to protect our na- Michigan Manufacturing Technology Center, or $1.6 billion that California received in the tion. While we are doing what we can in this MMTC, helps Michigan’s small and medium- same period or the $691 million that New York important effort, immigration policy and sized manufacturing companies get competi- received. controlling the nation’s borders are clear, tive and remain that way. Founded in 1991, The need for SCAAP funds to jail criminal fundamental responsibilities of the Federal MMTC has six offices in Michigan. I have government and an essential component of heard from numerous companies throughout aliens may well be why Governors Jeb Bush homeland security. Every effort should be of Florida, Rick Perry of Texas, Arnold made to help States and local governments Michigan that have benefited from MMTC’s Schwarzenegger of California, Janet cover a greater share of the expenses they services. Napolitano of Arizona, Bill Richardson of New incur to incarcerate criminal aliens. Let me point out one such company, Tru- Mexico, Richard Codey of New Jersey, Kenny Thank you for your consideration of our Val Tubing Company in Waterford, Michigan, Guinn of Nevada, George Pataki of New York, request. Again, we appreciate your past sup- which is located in my district. Tru-Val fab- Ruth Ann Miner of Delaware, Tom Vilsack of port and we look forward to continuing our ricates metal tubing for General Motors and work with you to ensure that SCAAP re- DaimlerChrysler as well as several other Tier Iowa, Rod Blagojevich of Illinois, Sonny mains a viable program for reimbursing Perdue of Georgia, Charles Turnbull of the State and local governments for the burden I automotive suppliers and employs approxi- Virgin Islands, Christine Gregoire of Wash- they carry to incarcerate criminal aliens. mately 120 people. ington and Tim Pawlenty of Minnesota wrote Sincerely, Tru-Val Tubing began working with the to Congress asking the appropriations com- Arnold Schwarzenegger, Governor of MMTC in 1999, and over the past 6 years of mittee to provide $750 million for SCAAP. California; Rick Perry, Governor of improvements, the company’s defective parts- Their letter made clear that ‘‘SCAAP pro- Texas; Richard J. Codey, Governor of per-million have dropped from 3,500 to zero. vides only partial, but important, reimburse- New Jersey; George E. Pataki, Gov- This resulted in General Motors reclassifying ernor of New York; Thomas J. Vilsack, Tru-Val from the bottom 5 percent to the top ment for the cost to incarcerate these individ- Governor of Iowa. uals.’’ Janet Napolitano, Governor of Arizona; 5 percent of their supply base. Furthermore, I agree with the Governors and with Senator Bill Richardson, Governor of New Mex- Tru-Val’s employees are much more satisfied FEINSTEIN and with some of our colleagues in ico; Kenny Guinn, Governor of Nevada; with their jobs than they once were, as the the House that in fiscal year 2006 that the Ruth Ann Miner, Governor of Dela- company has seen a dramatic reduction in $750 million level is the correct one and that ware; Rod R. Blagojevich, Governor of employee turnover. Most importantly, Tru-Val increases may well be necessary in future Illinois. increased its employment from 85 to 120 as a years. Tommy Perdue, Governor of Georgia; result of the improvement in the company. Charles W. Turnbull, Governor of Vir- Just looking at fiscal year 2004 SCAAP Helro Corporation of Rochester, Michigan, gin Islands; Jeb Bush, Governor of also located in my district, is another excellent awards, at the level of funding contained in Florida; Christine Gregorie, Governor this appropriations bill, California alone will eat of Washington; Tim Pawlenty, Gov- example. Helro, a small manufacturer with 19 up at least a third of the monies available ernor of Minnesota. employees, was established in the 1960s as a through SCAAP. Mr. GORDON. Mr. Chairman, It is unfortu- form toolmaker, using a patented carbide coat- As the ranking member of the Homeland nate that our current budget situation is forcing ing and whitewall tire buffing. After relocating Security Committee I believe that Congress us today to make choices between funding for to Rochester, Michigan, in April 1998, Helro must get its funding priorities right. We must state and local law enforcement, science and recognized that it would need to achieve cer- focus on terrorists and criminal aliens. At a technology, and other important programs tification if it wanted to compete in the tooling time when this Congress wants to outsource funded in this bill. I am very concerned about marketplace. the enforcement of our civil immigration laws the cuts to COPS and other law enforcement Finding the idea of a peer group exchange to the States, we need to set the right prior- programs. These important programs deserve of information appealing, Helro quickly joined ities. We need to fund SCAAP at higher lev- additional funding. However, I must oppose MMTC’s ISO 9000 User Group and got every- els. the amendments offered today that will pay for one in the company involved. As a result, Incarcerating criminal aliens is strongly in these programs by cutting funding for critical Helro came through its ISO 9001 certification the homeland security interest. Making sure science and technology investments. Many of audit with flying colors and was certified in that our States have the money to help the the science programs funded in this bill have September 2000. Through the certification Federal Government meet this commitment is already been reduced, and I cannot support process, Helro identified areas of waste, re- in the homeland security interest. additional reductions that will weaken our sulting in savings that covered the cost of its MAY 6, 2005. science and technology capabilities and un- participation in the User Group. Moreover, Hon. FRANK R. WOLF, dermine our future economic strength. Helro improved customer satisfaction and its Subcommittee on Science, State, Justice and I urge my colleagues to vote ‘‘no’’ on credibility in the marketplace, allowing for easi- Commerce and Related Agencies, Committee amendments that reduce our commitment to er introduction of its new product line. on Appropriations, House of Representa- science programs. The results at Tru-Val Tubing and Helro are tives, Washington, DC. Mr. KNOLLENBERG. Mr. Chairman, I rise not an anomaly. In fiscal year 2003 alone, Hon. ALAN B. MOLLOHAN, today in strong support of the Fiscal Year MEP served more than 18,0 0 manufacturers Subcommittee on Science, State, Justice and nationwide. Those manufacturers reported an Commerce and Related Agencies, Committee 2006 Science, State, Justice Appropriations on Appropriations, House of Representa- bill and to compliment my colleague, FRANK additional $2.6 billion in sales, $686 million tives, Washington, DC. WOLF, for a job well done. more in cost savings, $912 million of addi- DEAR CHAIRMAN WOLF AND REPRESENTA- I am particularly pleased with the increase tional investment in plant modernization, and TIVE MOLLOHAN: We write to express our con- given to the Manufacturing Extension Partner- more than 50,000 more jobs just as a result of

VerDate Aug 04 2004 01:52 Jun 18, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 E:\CR\FM\A15JN7.063 H15JNPT1 June 15, 2005 CONGRESSIONAL RECORD — HOUSE H4553 their projects with MEP Centers that year. Ad- REPORT ON RESOLUTION PRO- The 5-foot-1 midfielder knows sooner or ditionally, an estimate of the Federal return on VIDING FOR CONSIDERATION OF later she’ll win a 50/50 ball against a smaller our investment in MEP Centers is $4 in Fed- H.R. 2745, HENRY J. HYDE girl. UNITED NATIONS REFORM ACT That player will end up on the ground eral tax revenue for every $1 invested in the looking to officials for relief. program. OF 2005 Parents follow by blaming Jackson for the MEP has a documented positive impact on Mr. BISHOP of Utah, from the Com- next series of grass stains. our manufacturing sector, and is particularly mittee on Rules, submitted a privi- Fair play or not, she is the one viewed as vital to our small manufacturers. As vital as leged report (Rept. No. 109–132) on the dirty. this program is to our manufacturers, fiscal ‘‘I’m a very aggressive player,’’ Jackson resolution (H. Res. 319) providing for said. ‘‘When I step on the field it’s game year 2006 funding is vital to MEP. consideration of the bill (H.R. 2745) to In addition to the funding restored to MEP, time. I don’t play around. I go for the ball. I reform the United Nations, and for don’t care who the player is.’’ I am also pleased with the increase given to other purposes, which was referred to Conversely, coaches and opponents imme- the National Science Foundation. NSF is the the House Calendar and ordered to be diately recognize the girl nicknamed ‘‘E.J.’’ most important funding source for universities printed. by her St. Vincent’s teammates. who educate the next generation of scientists Not just because of how Jackson goes after engineers and thereby plant the seed for f the soccer balls but what she does with them America’s future prosperity. TRIBUTE TO ELIZABETH JACKSON, at her feet. I hope that NSF will continue its strong sup- At. St. Vincent’s this season, the junior MORGAN BOAEN AND THEIR emerged as the communicator, the work- port of university based laboratories and user PARENTS horse, the power and the playmaker for the facilities, including the National Super- (Mr. KINGSTON asked and was given Saints (15–1–2). conducting Cyclotron Laboratory at Michigan permission to address the House for 1 She merged the talents of a speedy defense State University. These NSF-supported labs behind her and a precise offense in front. minute and to revise and extend his re- create powerful synergies between cutting Her efforts helped the Saints move forward marks and include extraneouse mate- edge research and education and are a model to the Class AAA semifinals and earned rial.) of state and federal partnership. Jackson 2005 All-Greater Savannah Area Mr. KINGSTON. Mr. Speaker, I rise We can’t afford to underestimate the impor- Girls’ Soccer Player of the Year honors. today to submit for the RECORD a great ‘‘She didn’t go out and plow through every- tance of these programs. Our educators tell us article on Elizabeth Jackson, who is a body,’’ said Sister Pat Coward, who coached that students are attracted by on-campus ca- high school junior in Savannah, Geor- St. Vincent’s with Andy Kaplan. ‘‘She lis- pabilities; not by the promise of an airline tick- gia, going to St. Vincent’s Academy. tened, analyzed her opponents and figured et to some remote laboratory in the U.S. or out what she had to do (to make the play0.’’ The article also talks about another even abroad where they can visit for a few Her teammates responded. young lady that I have had the privi- weeks. Midfeleder Morgan Boaen, for instance, lege of knowing most of her life, Mor- As well, the current funding level should signaled Jackson again and again this season gan Boaen. with a click of her right hand. Her index fin- provide NSF with the flexibility to support both Elizabeth is the daughter of Libby ger pointed straight to goal. its planned activities and fund peer-reviewed, and Kevin Jackson, and Morgan is the ‘‘She would put her hand up and that was non-solicited proposals. Progress in science is daughter of Danny and Robin Boaen, my key,’’ Jackson said. ‘‘I’d put it right often unpredictable and NSF must reserve the where she wanted it.’’ all of Savannah. These two young institutional agility to invest in ‘‘bottom-up’’ With just one or two touches, Jackson women are very aggressive, very hard- ideas that result from fast-breaking research could move the ball from her skilled full- working, very strong up-and-coming discoveries. backs to the midfield. athletes. The article talks about how Her teammates would bounce passes back Timely, flexible funding through NSF is a they play aggressively, how they play and forth as though parts of a pinball ma- critical investment in our economic future and on the team, how they give it their chine. continued scientific leadership in the world. It best effort, and how they play to win. If Jackson wasn’t delivering the break- deserves our support. It is interesting, having known these through chip or through ball, she directed In closing, I would like to again extend my the players who did. young women all their lives, to know thanks to Chairman WOLF for his excellent The Saints facilitated goals and wins off what great competitors they are. And work, and I encourage all of my colleagues to the well-scripted plays. although all parents are very, very support this bill. Boaen ended the year as the statistical leader of the Saints’ offense with 20 assists. Mr. WOLF. Mr. Chairman, I move strong supporters of their children, Robin Boaen is certainly a great enthu- Jackson initiated many of those connec- that the Committee do now rise. tions. The motion was agreed to. siastic parent from the stands, and Kevin Jackson, who is Elizabeth’s fa- ‘‘This is my role on the team,’’ she said. ‘‘I Accordingly, the Committee rose; don’t care if I’m not the finisher.’’ and the Speaker pro tempore (Mr. ther, is also very, very vocal and loud Her chief heckler did mind for a time, as a parent. And I always say if you are MARCHANT) having assumed the chair, though. going to go to one of these games, you Mr. HASTINGS of Washington, Chairman Jackson’s father, Kevin, a former Univer- of the Committee of the Whole House do not want to be sitting in between sity of Georgia football player, used to won- der about his daughter’s style. on the State of the Union, reported Kevin Jackson and Robin Boaen be- cause they will be calling every shot No doubt he roared a wish or two from the that that Committee, having had under sidelines that she would ‘‘Shoot!’’ consideration the bill (H.R. 2862) mak- from the stands. But it takes great parents to have ‘‘All I ever wanted her to do was score,’’ ing appropriations for Science, the De- Kevin Jackson said. ‘‘I’d say, ‘You didn’t partments of State, Justice, and Com- great athletes, and both these young have a good game because you didn’t score merce, and related agencies for the fis- ladies are blessed to have parents who any goals.’ Then you realize there is so much cal year ending September 30, 2006, and are supportive, and getting them there more to it.’’ through those tough moments and the Many more people likely realized the for other purposes, had come to no res- thrust of Jackson’s talent this season. olution thereon. long practices and the long drives across the State of Georgia to go to She didn’t just put down opponents. f some of those games. So I applaud the She set up St. Vincent’s. ‘‘What would we have been like without efforts of the families and Elizabeth Elizabeth?’’ Coward asked, rhetorically. REMOVAL OF NAME OF MEMBER and Morgan. AS COSPONSOR OF H.R. 939 ‘‘Who would know? Game after game we And I want to say that I am sure in never took her out. We never tried it.’’ Ms. MILLENDER-MCDONALD. Mr. the next few years they will be playing f Speaker, I ask unanimous consent to college-level soccer, and we will be have my name removed as a cosponsor hearing about them regionally and na- SPECIAL ORDERS of H.R. 939. tionally in the years to come. The SPEAKER pro tempore. Under The SPEAKER pro tempore. Is there JACKSON SET UP SVA FOR SUCCESSFUL the Speaker’s announced policy of Jan- objection to the request of the gentle- SEASON uary 4, 2005, and under a previous order woman from California? When Elizabeth Jackson takes the center of the House, the following Members There was no objection. of the soccer field, she expects to be heckled. will be recognized for 5 minutes each.

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