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

Vol. 152 WASHINGTON, THURSDAY, MAY 18, 2006 No. 62 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces Service Medal, the Military Out- called to order by the Speaker pro tem- to the House his approval thereof. standing Volunteer Service Medal, the pore (Mr. BONNER). Pursuant to clause 1, rule I, the Jour- Korean Defense Service Medal, to name f nal stands approved. just a few. But I am sure he will tell you that DESIGNATION OF THE SPEAKER f his highest honor is with his family, PRO TEMPORE PLEDGE OF ALLEGIANCE who is up here seated in the gallery The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the today, his wife, Jeressa, and they have fore the House the following commu- gentlewoman from Georgia (Ms. four children. nication from the Speaker: MCKINNEY) come forward and lead the Mr. Speaker, it is my distinct honor WASHINGTON, DC. House in the Pledge of Allegiance. to welcome Chaplain Stout to the May 18, 2006. Ms. MCKINNEY led the Pledge of Al- House Chamber. I commend him for his I hereby appoint the Honorable JO BONNER to act as Speaker pro tempore on this day. legiance as follows: outstanding service, and express my J. DENNIS HASTERT, I pledge allegiance to the Flag of the appreciation to him for opening our Speaker of the House of Representatives. United States of America, and to the Repub- session today. lic for which it stands, one nation under God, f f indivisible, with liberty and justice for all. ANNOUNCEMENT BY THE SPEAKER PRAYER f Chaplain Blan Maurice Stout, Jr., Of- PRO TEMPORE fice of the Army Chief of Chaplains, Ar- RECOGNIZING CHAPLAIN MAURY The SPEAKER pro tempore. The lington, Virginia, offered the following STOUT Chair will recognize each side for up to prayer: (Mr. RYUN of Kansas asked and was 10 minutes for 1-minute remarks. Almighty God, You dwell in lofty given permission to address the House f places, yet You also live in the hearts for 1 minute.) of those who are lowly in spirit. The Mr. RYUN of Kansas. Mr. Speaker, I RECOGNIZING GEORGE OLSON greatness of Your person inspires our rise today to welcome Chaplain Maury (Mr. FOLEY asked and was given per- heart to worship, while the goodness of Stout to the House floor. Chaplain mission to address the House for 1 Your concern shapes our character to Stout is presently an action officer at minute and to revise and extend his re- wholeness. the Army Chief of Chaplains at the marks.) As we align ourselves with Your na- Pentagon. Prior to that he served as Mr. FOLEY. Mr. Speaker, I rise ture, fling open the shuttered windows the brigade chaplain for the First Bri- today to recognize a heroic American of our souls so that we may see beyond gade, First Infantry Division at Fort that winters in my district and lives in the walls of individual perspective and Riley in my district. Muskegon, Michigan. George Olson, a view this world, at least in part, as You Prior to coming to Fort Riley, Chap- World War II veteran, has traveled here do. lain Stout served as the Task Force with his family to visit the long-over- As we remember our military, wipe Chaplain at Camp Kabal, Kuwait. He due memorial dedicated to veterans of the tears from the faces of broken- has also served at many other posts the greatest generation. hearted warriors who have lost beloved and was awarded the FORSCOM Excel- Sergeant Olson served in the Euro- comrades. For the families of the fallen lence in Ministry Award while serving pean theater in the U.S. Army Air heroes, be a ‘‘father to the orphan and as the Squadron Chaplain at Fort Polk, Force as a tail gunner in a B–17. His husband to the widow.’’ Encourage all who support them in this Congress, and Louisiana. plane was shot down, he was held a we ask Your blessing on the military Chaplain Stout is impressively edu- prisoner of war for some 11 months. Mr. chaplaincy, whose courageous spirit cated, holding degrees from Central Olson was awarded the Purple Heart, and compassionate service provide for Bible College, Harvard University, the among other commendations. the free exercise of religion. Assemblies of God Theological Semi- The sacrifice of those like Sergeant In the name of Jesus I pray. Amen. nary, and Georgetown University. Olson ensured we could live in a free He has been honored with numerous society as we do today, and they de- f awards, including the Meritorious serve every bit of gratitude we can THE JOURNAL Service Medal, the Army Commenda- offer. The SPEAKER pro tempore. The tion Medal, the National Defense Serv- Like so many silent heroes of his Chair has examined the Journal of the ice Medal, the Global War on Terrorism generation, Mr. Olson returned home,

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

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VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2762 CONGRESSIONAL RECORD — HOUSE May 18, 2006 married his sweetheart, Rose, and they Last year Republicans passed not one our country flies directly in the face of had three children, Stuart, Garry and but two immigration reform bills, the what we are doing in Iraq. If we are in Lisa. Also with us today are his grand- Border Protection, Antiterrorism and Iraq to handle insurgents, why aren’t children, Katherine, Ryan and Kyle, Illegal Immigration Control Act, and we able to do so within our own bor- Doug, Becky, Charlotte, Kelly, Jack, the REAL ID Act. And the Democrats ders. I, along with a vast majority of Nina, Kelly and Ken are also in the response: No. Americans, say to you and the govern- Chamber. Finally, just last week, Republicans ment, ‘We want our country back.’’’ Mr. Speaker, I hope you will join me approved a tax conference agreement America is now going to be sued in in acknowledging a great American, that will help keep the Bush economic our courts by foreign nations for pro- George Olson, today and wish him and boom going and prevent a massive tax tecting our Nation. his family well as they continue their increase. The Democrats response: No. Mr. Speaker, this ought not to be. We visit to Washington, DC. Mr. Speaker, the Democrats favorite the people have become we the defend- The sacrifices of his generation en- new slogan is ‘‘America Can Do Bet- ants. Mr. Krueger has got it right. sured we could live in a free society as ter.’’ The American people have a clear Hopefully our government does. we do today, and they certainly de- choice in November: The party that is And that’s just the way it is. serve every bit of gratitude we can accomplishing things, or the party that f offer. stands on the sidelines and says ‘‘no.’’ CHENEY’S SECRET ENERGY TASK Yes, America can do better, better f FORCE HAS PAID DIVIDENDS than the party of no. FEMA HOUSING FOR BIG OIL f (Ms. LEE asked and was given per- (Ms. SCHAKOWSKY asked and was mission to address the House for 1 KATRINA SURVIVORS given permission to address the House minute and to revise and extend her re- (Ms. MCKINNEY asked and was given for 1 minute and to revise and extend marks.) permission to address the House for 1 her remarks.) Ms. LEE. Mr. Speaker, the Bush ad- minute.) Ms. SCHAKOWSKY. Mr. Speaker, 5 ministration failed the people of the Ms. MCKINNEY. Mr. Speaker, after years ago this week Vice President Gulf Coast before Hurricane Katrina evicting all Katrina survivors in tem- CHENEY convened his secret energy and continues to fail them today. porary housing on March 15, FEMA has task force, bringing Big Oil and energy Now, people who were abandoned and now announced that 55,000 families will lobbyists together to craft the Bush ad- left to fend for themselves are about to lose their emergency housing assist- ministration energy agenda. Last year get kicked to the curb again. ance as of May 31. House Republicans rubber-stamped First, we had to fight and force Tens of thousands of these families that agenda, and the administration FEMA to allow survivors to tempo- are being told they are ineligible for happily signed the legislation into law. rarily stay in hotels and motels. Now, further assistance because of FEMA’s Today, the results are in. Big Oil is survivors may be on the streets again. onerous and discriminatory rules. laughing all the way to the bank. Dur- On May 31, 55,000 displaced families Is this how we treat people who have ing the first quarter of this year, the could lose emergency shelter assist- lost everything? big five oil companies reported profits ance, even though it was promised to Where do we expect families who of $32.8 billion. These profits are a di- them for at least a year. have lost their homes, their jobs, even rect result of those secret Cheney FEMA says that these families are their city, to turn without housing as- meetings. Big Oil has experienced supposed to apply for a different kind sistance? record profits because Washington Re- of assistance, yet four out of five appli- Nearly 9 months have passed since publicans chose to shower Big Oil with cants reportedly are being turned Hurricane Katrina hit. If FEMA can’t more than $20 billion in gifts. down. Those who do receive assistance help these families reclaim their lives, While Big Oil is prospering, the deci- have to reapply every 3 months. Why then Congress has to act. sions made in those secret Cheney are we messing with these people who Literally dozens of Katrina bills are meetings are not paying off for the deserve to be treated better by their still languishing in committees, in- American consumer. Over the past 5 own government? cluding H.R. 4197, the most comprehen- years the average American family is FEMA has failed to submit its plan sive relief package offered to date. paying $2,000 more a year in gas, home for permanent transitional housing for I urge my colleagues to pass H.R. 4197 heating and electrical bills. Congress, which was due in January. in support of Katrina’s survivors. Washington Republicans continue to Instead of assistance, they have offered f hurt everyday Americans by cozying incompetence. In the place of aid, they up to Big Oil. Is it any wonder that MEXICO SUES AMERICA—LONE have offered nothing but bureaucracy. Americans are demanding change? STAR VOICE: CURTIS KRUEGER Why in the world are we adding in- Democrats will end Big Oil price sult to injury? Katrina survivors de- (Mr. POE asked and was given per- gouging and rapidly move our country serve better. mission to address the House for 1 to energy independence and a renew- f minute.) able, clean energy future. Mr. POE. Mr. Speaker, my office has f THE PARTY OF NO been inundated by calls from citizens (Ms. FOXX asked and was given per- since the announcement that the Mexi- CONGRATULATING RICHMOND NA- mission to address the House for 1 can government plans to sue the TIVE AND AMERICAN IDOL CON- minute.) United States over our military troops TESTANT ELLIOTT YAMIN Ms. FOXX. Mr. Speaker, the rhetoric along our border, hauled into court by (Mr. CANTOR asked and was given from the other side of the aisle, which the Fox south of the border. permission to address the House for 1 is usually full of hyperbole, has sud- Curtis Krueger of Kingwood, Texas, minute.) denly dissolved down into one simple writes to me: Mr. CANTOR. Mr. Speaker, today I word. No. ‘‘Now I read that Mexico is consid- rise to congratulate Richmond, Vir- It is no to energy solutions. It is no ering suing the United States over bor- ginia, native and American Idol con- to immigration reform. It is no to tax der patrols. To not respond to this testant Elliott Yamin for pursuing his relief. would be egregious. We as Americans dream while sharing his powerful voice Last year Republicans passed not one have a sovereign right to have our bor- with all of us. Elliott is returning but two energy bills, the Gasoline for ders protected by however and whom- home a star; a man with an extraor- America’s Security Act, and the En- ever we see fit. Our government should dinary gift who dared to put his talent ergy Policy Act. More recently, we vocalize this in every way possible, not on display and achieved great success. passed the Refinery Permit Process sit back and let someone else formu- Elliott’s personality and amazing abil- Schedule Act. And the Democrats re- late public opinion. To say we cannot ity won over the judges and the viewers sponse: No. handle the immigrant insurgency in to earn him national recognition as a

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2763 final contestant on the most popular of assistance. The Stafford Act, unlike both their health and their pocket- show on television. Elliott will be re- FEMA, recognizes that every disaster book. turning home to Richmond, having in- is different and that each disaster can- House Republicans expected seniors spired and entertained millions with not be treated the same. to choose a plan by May 15 even though his extraordinary singing voice and Over the next few months, our they knew seniors were receiving in- charisma. I join Elliott’s community, State’s housing plan, The Road Home, complete and incorrect information family and friends in proud recognition will be up and running; SBA loan funds from the Bush administration. An in- of his fantastic achievement and un- will begin to flow into homeowners’ vestigation by GAO concluded that the doubtedly bright future. hands; insurance claims will be re- CMS was giving out wrong information f solved and paid; and then the people of to seniors 60 percent of the time. New Orleans will begin rebuilding in You would think that Washington b 1015 earnest. Republicans would not start penalizing URGING VIDEO GAME MAKERS TO The President has the authority to seniors with the Bush prescription drug ACT RESPONSIBLY IN WAKE OF issue waivers, to make adjustments to tax until the administration began giv- RECENT POLICE SHOOTINGS accommodate the survivors. FEMA ing out accurate information. But no, also can behave more reasonably, more they chose instead to force seniors into (Mr. KENNEDY of Minnesota asked humanely. Until FEMA has a workable a plan by midnight on May 15 or face and was given permission to address plan for transitional housing for these the Bush prescription drug tax that the House for 1 minute.) American survivors, it must not evict will remain with them for the rest of Mr. KENNEDY of Minnesota. Mr. them. To do so is unconscionable. their lives. Speaker, the suburbs of Washington f House Republicans and the President were shaken last week by the senseless who the Congressional Black Caucus murder of two police officers in Fair- YOUTH COUNCIL called on had a chance to help seniors fax, Virginia. This shooting occurred (Mr. PRICE of Georgia asked and was and they didn’t. Congress should have just days after the 25th annual Police given permission to address the House extended the deadline to give seniors Officers Memorial Service honoring the for 1 minute.) more time. They still can. I call on 155 police officers who, like Shawn Mr. PRICE of Georgia. Mr. Speaker, I them to do so. Silvera from Lino Lakes, Minnesota, am pleased to take this opportunity to Bring the Congressional Black Cau- died in the line of duty last year. talk about a group of exceptional stu- cus bill to the floor and pass it. These deaths come at a time when vi- dents in my district. After coming to f olence against police officers is being Congress last year, I put together sev- glorified by video games like 25 to Life eral advisory councils made up of con- CRITICAL CONDITION: THE STATE which gives players points for shooting stituents. These panels perform re- OF THE UNION’S HEALTH CARE, police officers. search, investigations and advise me on 2006 This is unacceptable, it is out- the needs and concerns of my district, (Mr. MURPHY asked and was given rageous, it must be stopped. our State and our Nation across a vari- permission to address the House for 1 I urge the makers of this game to ety of different areas. minute and to revise and extend his re- think carefully about the message they Most recently, my Youth Advisory marks.) are sending to the families of fallen of- Council presented their report. Made Mr. MURPHY. Mr. Speaker, a couple ficers and the impact it has on impres- up of 46 students representing 25 local weeks ago, I provided for Members of sionable children. If companies like high schools, the council met monthly Congress this document: ‘‘Critical Con- those that produce 25 to Life continue to discuss and debate three very perti- dition: The State of the Union’s Health to market this filth to our children, I nent topics of their own choosing: So- Care, 2006,’’ put out by my office. In say to my colleagues, we have a duty cial Security, tax reform, and illegal that we outlined many programs that to act. immigration. During that time they would help reduce costs of health care f also compiled and reviewed data from in America. surveys administered to fellow stu- Let me expand on one of them about ONGOING HOUSING CRISIS ON THE dents. Community Health Centers, which are GULF COAST Much to my delight, the most con- nonprofit centers to provide primary (Mr. JEFFERSON asked and was sistent conclusion in all three working and preventative care for folks who are given permission to address the House groups was that many of our young low income or who are uninsured and for 1 minute.) Americans are thirsty for more infor- underinsured. However, a recent report Mr. JEFFERSON. Mr. Speaker, after mation on these issues. They want to by the Journal of the American Med- almost 9 months, I suppose it doesn’t be a part of the national dialogue. ical Association said that although surprise anyone to hear that FEMA is I am excited to have had the oppor- these clinics are of tremendous value, failing the citizens of the gulf coast. In tunity to hear their voices. The infor- there is a shortage of medical per- the wake of the storms, FEMA ex- mation and conclusions they presented sonnel at them. A study published by pressly advised the survivors of Hurri- to me were extremely thorough and Dr. Roger Rosenblatt of the University canes Katrina and Rita that they could valuable. I thank them for their time of Washington says that there is a 13 expect 1 year of assistance. Moreover, and effort. I will work with colleagues percent shortage of family physicians, section 408 of the Stafford Act provides here to implement many of their rec- a 20 percent shortage of obstetricians, for 18 months of assistance to victims ommendations. and a 22.5 percent shortage of psychia- of natural disasters. f trists for these positions. Yet just 9 months after these dev- Oddly enough, if a physician is em- astating storms, FEMA is working fe- HOUSE REPUBLICANS CHOOSE TO ployed by a Community Health Center, verishly, not to house the victims of PENALIZE CASH-STRAPPED SEN- they are covered by the Federal liabil- the hurricanes but to terminate their IORS ity, but if someone wants to volunteer housing assistance, to kick them out (Mrs. CHRISTENSEN asked and was at a clinic, they are not. into the street without any assurance given permission to address the House It is important that we provide that the survivors will be able to find for 1 minute.) mechanisms to allow physicians and housing for themselves or their fami- Mrs. CHRISTENSEN. Mr. Speaker, other medical personnel to volunteer lies. say it isn’t so. House Republicans are at these clinics. America needs that. Why? Because FEMA says it’s time ready to penalize millions of American The uninsured and underinsured need to move on. May 31 is the deadline. seniors who did not sign up for a pre- that, and, quite frankly, it would save After that, you’re on your own. scription drug plan by that arbitrary a tremendous amount of money. There is a reason the Stafford Act May 15 deadline. Congress should have People can receive further informa- provides for more than $20,000 in aid extended that deadline to give seniors tion on my Web site, mur- per household and for up to 18 months more time to pick the right plan for phy.house.gov.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2764 CONGRESSIONAL RECORD — HOUSE May 18, 2006 DO NOTHING CONGRESS NOT Republicans in the House of Represent- House budget resolution that passed TACKLING ANY OF THE ISSUES atives passed a budget that is fiscally last night, with 100 percent of the IMPORTANT TO THE AMERICAN irresponsible; increases the national Democrats voting against it, contains PEOPLE debt; cuts veterans’ health care; cuts a provision to raise the debt ceiling for (Mr. PALLONE asked and was given student loans; and at the same time, the fifth time on President Bush’s permission to address the House for 1 President Bush passed a $70 billion tax watch. minute.) cut bill for the wealthiest of America. This President and this Congress Mr. PALLONE. Mr. Speaker, our Na- What is just as bad is that the debt have squandered the fiscal discipline of tion faces many pressing issues; yet limit for our Nation has been increased the Clinton years of the 1990s and cre- the House Republican leadership pre- five times since 2001 under President ated a legacy of deficits and debt that fers to send Congress home for breaks Bush and the Republicans. This is more will erode the standard of living of our children and our grandchildren. This is rather than working to solve any prob- than any Presidents that preceded him. a record-setting administration, but lems. Is this the kind of America that you Back in 1948 President Truman want? American people, please speak they are setting the wrong kinds of dubbed that Congress the ‘‘Do Nothing out. Please speak up. We can do better. records. We have seen the Federal budget def- Congress’’ because it only met 108 days This is the best Nation in the world. icit set a record in dollar terms. We the entire year. The Republican Con- We must change the way we do busi- ness in Congress. have seen the national debt rise to a gress of 2006 is set to break that record, record level. And we have seen our scheduled to meet for only 97 days this One hundred percent of Democrats voted against that budget at 1 o’clock trade deficit and our indebtedness to year, 11 fewer than the first ‘‘Do Noth- the rest of the world rise to a record ing Congress.’’ this morning. It is bad for America. It is bad for our families, and we can do level. Now, the budget continues to spiral America can do better. out of control after finally being bal- better. f anced by President Clinton back in the f late 1990s; yet House Republicans ap- THE EFFECTS OF ENERGY COSTS FLOYD COUNTY SCHOOLS proved a budget last night that makes ON OUR AGRICULTURE ECONOMY (Mr. GINGREY asked and was given the deficit worse and offers no plan to permission to address the House for 1 (Miss MCMORRIS asked and was bring the budget back into balance. minute.) Gas prices continue to hover at or given permission to address the House Mr. GINGREY. Mr. Speaker, I rise above $3 a gallon; yet House Repub- for 1 minute and to revise and extend today to congratulate the Floyd Coun- licans continue to do the bidding of the her remarks.) ty school system on receiving an ‘‘out- Miss MCMORRIS. Mr. Speaker, agri- big oil execs rather than providing any performer’’ rating in the Standard and culture is a billion dollar industry in real relief to the American consumer. Poor’s 2006 School Evaluation report. Eastern Washington. And for those of House Republicans, Mr. Speaker, are Floyd County was one of only 20 school us from Eastern Washington, as well as presiding over the most ‘‘Do Nothing districts in the State of Georgia to re- all across America, we must be pro- Congress’’ in our Nation’s history. ceive this distinction. They simply cannot govern and it is moting policies and projects that are This award recognizes the great work time for a change. going to help our farmers and ranchers. Floyd County schools are doing to edu- Over the past several months, I have f cate our children. I know everyone in heard from our farmers about high en- the community was excited, but not THE NATION’S CONSENSUS: ergy costs that are hurting their abil- surprised, by this honor, as Floyd SECURE OUR BORDERS ity to do business. At a time when County consistently displays excep- (Mrs. BLACKBURN asked and was their profit margins are slim, unex- tional levels of student achievement. given permission to address the House pected increases in energy costs are Mr. Speaker, I want to thank the for 1 minute and to revise and extend having a devastating effect. dedicated Floyd County educators her remarks.) I recently received a letter from a whose hard work earned this award. Mrs. BLACKBURN. Mr. Speaker, the third generation farmer who prides Floyd County superintendent Kelly topic of this week, the topic of discus- himself on being a good steward of the Henson, members of the Floyd County sion with our constituents, with those land. He has never seen circumstances School Board, principals, teachers, par- who are calling us is illegal immigra- as severe and depressed. He mentions ents at every school in the system de- tion and their concern over Mexico’s that the reason we are losing good fam- serve our gratitude for a job well done. choosing and wanting to sue the United ily farms is because our agriculture I know Floyd County will continue its States for defending our borders. economy is unable to absorb the energy long tradition as a leader in edu- Mr. Speaker, America has reached a costs for fuel and fertilizer. His costs cational achievement for the State of consensus and our constituents have alone are up 66 percent, and fertilizer Georgia. reached a consensus on this issue. costs are up 46 percent. Mr. Speaker, I ask that you join me What they are telling us is secure our We have the energy resources avail- in congratulating the Floyd County borders. Show us a secured border. able here in the United States to solve school system and in thanking its edu- Show us a plan of action. Allow us to this problem. We need to be taking cators for their dedication to devel- know that we can have our faith re- steps right now to better meet our en- oping the minds of our community’s stored in your ability to secure this ergy needs because America needs rising leaders. American energy. It includes increas- Nation. f We hear from them. They are letting ing supply, conservation, and alter- us know that they expect us to uphold native fuels. OLDER AMERICANS our oath to defend and protect this Na- Growing up on a family farm, I (Mr. HINOJOSA asked and was given tion. Mr. Speaker, we are listening. In learned firsthand about these chal- permission to address the House for 1 this body we have been listening. Last lenges, and I look forward to working minute.) fall we took action. with my colleagues to address this sit- Mr. HINOJOSA. Mr. Speaker, May is We encourage all to join us in secur- uation. Older Americans Month. Let us cele- ing the border of this great Nation. f brate Older Americans Month by pass- f ing a budget that will promote their THE TAX BILL dignity and health. THE REPUBLICAN BUDGET (Mrs. MALONEY asked and was given The once-per-decade White House (Ms. KILPATRICK of Michigan asked permission to address the House for 1 Conference on Aging put reauthoriza- and was given permission to address minute.) tion of the Older Americans Act at the the House for 1 minute.) Mrs. MALONEY. Mr. Speaker, the top of its list of national priorities. I Ms. KILPATRICK of Michigan. Mr. President signed another tax bill that am proud that we are working in a bi- Speaker, at 1 o’clock this morning, the will add to the Federal deficit. And the partisan manner to pass a consensus

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2765 bill to reauthorize this essential law (b) Nothing in this section may be con- There is one particular note of sig- that has built the foundation for our strued to engage rule XXVII. nificance to me I wish to address, that aging network. The SPEAKER pro tempore. The gen- this bill provides $228 million for the However, we must couple reauthor- tleman from Utah (Mr. BISHOP) is rec- Payment in Lieu of Taxes Program at ization with real resources. We know ognized for 1 hour. the Department of Interior. This figure that every dollar spent providing a Mr. BISHOP of Utah. Mr. Speaker, is $30 million above what the President meal or supporting seniors so that they for the purpose of debate only, I yield requested, and I appreciate the efforts can remain at home and in their com- the customary 30 minutes to my friend of Chairman TAYLOR, ranking member munities not only improves their qual- the gentleman from Florida (Mr. DICKS and the entire committee in pro- ity of life, but saves entitlement spend- HASTINGS), pending which I yield my- viding the restoration of funds. How- ing on long-term care. That is the ge- self such time as I may consume. Dur- ever, it is still below the $332 million nius of the Older Americans Act. Yet ing consideration of this resolution, all that was provided for in last year’s we know that the Older Americans time yielded is for the purpose of de- budget, and significantly below the au- Act’s purchasing power per individual bate only. thorized level of $350 million, which has dropped by 50 percent since 1980. Mr. Speaker, the resolution provides would be there today. It is incumbent upon all of us to step for an open rule on H.R. 5386, the Inte- If one were to draw a line from Mon- up and invest in these programs. It is rior Appropriations Act for 2007. It pro- tana through New Mexico on the map, one sure way to help control the cost of vides for 1 hour of general debate, everything west of that line has 57 per- our growing entitlement programs. It equally divided and controlled by the cent ownership by the Federal Govern- is the right thing to do. chairman and ranking member of the ment. Everything east of the line is 4 f Interior Subcommittee on Appropria- percent ownership by the Federal Gov- tions. b 1030 ernment. The rule waives all points of order When the western States, which I PROVIDING FOR CONSIDERATION against consideration of the bill, ex- live in one, entered this country under cept for certain legislative provisions OF H.R. 5386, DEPARTMENT OF their enabling acts, there were legal which are specified under the text of THE INTERIOR, ENVIRONMENT, commitments that were made, that in the rule. AND RELATED AGENCIES APPRO- the 1950s the Federal Government uni- PRIATIONS ACT, 2007 For purposes of the amendment, the rule provides for priority recognition laterally changed and since that time Mr. BISHOP of Utah. Mr. Speaker, by to Members who have preprinted their have been repeatedly changing. In fact, there are several amendments that direction of the Committee on Rules, I amendments in the CONGRESSIONAL have been threatened to be only the call up House Resolution 818 and ask RECORD. for its immediate consideration. Mr. Speaker, at this time I am floor today which would increase that The Clerk read the resolution, as fol- pleased to stand and introduce this change in commitment. lows: rule as well as the underlying legisla- No one who does not live in that area H. RES. 818 tion. I appreciate the hard work and understands the significance of Federal Resolved, That at any time after the adop- the hard choices that have been done ownership of that particular land. tion of this resolution the Speaker may, pur- by the subcommittee members, specifi- Chairman TAYLOR though, having a suant to clause 2(b) of rule XVIII, declare the cally Chairman TAYLOR and Ranking significant amount of Forest Service House resolved into the Committee of the Member DICKS, as well as the full com- land in his district, is one of those that Whole House on the state of the Union for is empathetic to this situation, and we consideration of the bill (H.R. 5386) making mittee under the leadership of Chair- appropriations for the Department of the In- man LEWIS and many others who have are appreciative of all his efforts in terior, environment, and related agencies for played a essential role in putting this this particular area. I wish the admin- the fiscal year ending September 30, 2007, and budget together, which actually comes istration were the same. In dealing at for other purposes. The first reading of the in at $145 million less than last year’s one time with an administrative offi- bill shall be dispensed with. All points of enacted levels. cial, he asked me why I was so con- order against consideration of the bill are This important measure provides cerned about all this Federal land; it waived. General debate shall be confined to funding for the entire Department of was simply useless land and no one the bill and shall not exceed one hour equal- Interior, except for the Bureau of Rec- lived there anyway. ly divided and controlled by the chairman It has to be realized that half of the and ranking minority member of the Com- lamation, for the U.S. Forest Service mittee on Appropriations. After general de- within the Department of Agriculture, West is essentially tied up in Federal bate the bill shall be considered for amend- for the Indian Health Service within lands and is controlled by it. Payment ment under the five-minute rule. Points of the Health and Human Services De- in lieu of taxes is not charity, it is sim- order against provisions in the bill for fail- partment, the Environmental Protec- ply rent on land that is due to com- ure to comply with clause 2 of rule XXI are tion Agency, as well as other programs. pensate for economic problems created waived except as follows: page 73, lines 3 At the same time, this measure pro- by the Federal Government, created by through 8; section 425; and title V. During vides for a moderate increase over the Federal Government actions, and in consideration of the bill for amendment, the President’s proposed budget for the contradiction to the deals that were Chairman of the Committee of the Whole may accord priority in recognition on the Forest Service, for the National Park made when these States originally basis of whether the Member offering an Service, EPA, Environmental programs came into the Union. amendment has caused it to be printed in the and management. The Department of Interior took the portion of the Congressional Record des- This budget provides for $5.9 billion concept of payment in lieu of taxes ignated for that purpose in clause 8 of rule to programs for Native Americans, in- from the BLM as an effort, in their XVIII. Amendments so printed shall be con- cluding three new health centers in un- words, ‘‘to ensure appropriate empha- sidered as read. When the committee rises derfunded and depressed areas. It pro- sis,’’ and that it would be a benefit ac- and reports the bill back to the House with vides for a fully-funded National Fire crued to both Congress, the Depart- a recommendation that the bill do pass, the Plan, eliminating duplications, which ment, BLM and to the counties of the previous question shall be considered as or- dered on the bill and amendments thereto to will result in the stopping of wildfires West as well. final passage without intervening motion ex- from getting out of control and becom- Since that time, that has not been cept one motion to recommit with or with- ing more expensive and damaging to the case. In fact, in each of the last 2 out instructions. both people, as well as wildlife and the years, the administration and the OMB SEC. 2. Upon adoption of House Concurrent environment. have actually cut this particular pro- Resolution 376, and until a concurrent reso- There is land acquisition, which has gram, only to have it restored by Con- lution on the budget for fiscal year 2007 has been reduced to $60 million for in-hold- gress, which once again I thank Chair- been adopted by the Congress, the provisions ing, which is significant and important of House Concurrent Resolution 376 and its man TAYLOR, his committee and his accompanying report shall have force and ef- to do, but it is significant that it does staff for their efforts in that area. fect in the House for all purposes of the Con- not add inventory to our public land In like contrast though, it is unusual gressional Budget Act of 1974 as though policies that are above and beyond that even though the overall funding adopted by the Congress. what we can already afford. for the Interior Department has been

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2766 CONGRESSIONAL RECORD — HOUSE May 18, 2006 around 7 percent over the past 5 years, ity can pay for their massive tax cuts Florida’s Everglades. This is a project if my math is correct, the Department to the very wealthiest 2 percent of that is absolutely crucial to the envi- of Interior’s administrative budget has Americans. ronment and to the potable fresh water increased 100 percent in that same The underlying legislation cuts the supply of many south Florida and time, from $64 million to $118 million Clean Water State Revolving Fund by Treasure Coast communities in my dis- today. another $199 million, to a level that is trict. While I may disagree with this por- more than $660 million less than it was My constituents and I deeply appre- tion of the bill, we will be joining with in 2001. The bill cuts funding for the ciate Chairman TAYLOR and Represent- other western Congressmen later on Land Water Conservation Fund by $28 ative DICKS’ continued efforts in this today to try to present an amendment million, to a level that is $90 million area. Equally. I was also very pleased through regular order that will address less than it was in 2001. Overall funding to learn that the committee has re- this one particular issue. for Federal land acquisition aimed at stored the President’s proposed budget I am appreciative once again to helping States preserve open spaces is cut for the Office of Environmental Chairman TAYLOR and the ranking cut in this bill by $98 million, a level Justice at EPA and included the limi- member from the State of Washington that is more than $400 million less than tation language that I offered last year who have been understanding of this 2001. This is an 86 percent cut in fund- ensuring that EPA respects the needs situation, empathetic of this situation, ing, Mr. Speaker; 86 percent. of the environmental justice commu- and very helpful to us, as we move for- Certainly it just can’t be true that nity. ward to try and find some kind of re- only Democrats care about preserving Yet despite these positive provisions, dress with this particular situation. our lands so that future generations Mr. Speaker, this bill is an overall dis- Mr. Speaker, while I have a few dis- will enjoy them. Yet where is the out- appointment. I firmly believe that the agreements obviously that I have just rage from the majority Members of the appropriators did the best they could stated, overall that is only one aspect other side of the aisle? do with what we gave them to work of this important underlying bill that Yesterday evening, the ranking Dem- with. will be presented by this rule. We will ocrat of the Appropriations Committee Nevertheless, I find it offensive that be trying to address that agreement at submitted an amendment to the Rules the majority of this body is more con- some other time. Committee that restored $800 million cerned today about protecting $114,000 Still, the overwhelming majority of in funding cuts to these and other tax cuts for people making more than this bill is very positive and it does critically needed environmental pro- $1 million than fully funding programs move us forward, and it was a respon- grams. Mr. OBEY’s amendment, most which ensure that all Americans have sible result of a lot of bipartisan work importantly, was revenue neutral and access to clean air and drinking water. done on the part of this particular sub- would have required not one penny of Enforcement is not free, and neither committee. additional cuts in this or any other is environmental restoration. Everyone Mr. Speaker, I reserve the balance of bill. During the hearing, however, in America shares in the responsibility my time. Rules Committee Republicans, along a of contributing her or his own share. Is Mr. HASTINGS of Florida. Mr. straight party line vote, blocked Rep- there anybody in this body who is un- Speaker, I yield myself such time as I resentative OBEY from offering his willing to pay just a little more to en- may consume. amendment. sure that everyone in America has Mr. Speaker, I thank the gentleman I am also troubled by language in the clean air to breathe and safe water to from Utah, my friend Mr. BISHOP, for bill which overrules longstanding Pres- drink? If given the chance, who would yielding me the time. idential and Congressional moratoria not be willing to pool her resources Mr. Speaker, I rise today in opposi- for drilling for natural gas on the with others in her neighborhood to col- tion to this rule, not because of what it Outer Continental Shelf. This provision lectively ensure that everyone has safe allows, but rather because of what it will permit drilling to occur as close as drinking water, or that no child will be blocks. I am also inclined to oppose the 3 miles to the shores of coastal States, forced to grow up playing in backyards underlying legislation, not because of including my home State of Florida. In polluted by dangerous levels of mer- the process, but rather because of the doing so, the health of Florida’s beach- cury and other toxins? lack of progress which we have made in es and tourism industry, the largest in- If the budget is about priorities, Mr. the last year in our efforts to protect dustry in our State, will be in direct Speaker, then appropriations bills are and improve our environment. danger. about fiscal reality. The fiscal reality Nearly 1 year ago to the day, I stood Let there be no mistake about it, Mr. of this bill and the appropriations bill on this floor also with the gentleman Speaker: Drilling for natural gas on that will soon follow are that America from Utah when the House considered the Outer Continental Shelf will have is in trouble with the majority at the the fiscal year 2006 Interior, Environ- zero impact at the gas pumps. It will helm. Their fiscal mismanagement has ment and related agencies appropria- not under any circumstances reduce placed the wishes of wealthy individ- tions bill. Under that bill, $240 million the cost of a gallon of gasoline. uals, and I question that. I do not know had been cut from the Clean Water whether wealthy people have made 1045 State Revolving Fund. Conservation b these requests. Most wealthy people I funding was approximately $750 million I say if supporters of lifting those know are willing to share their re- below, or less than half of what was moratoria are serious about reducing sources for the collective needs of their promised when Congress passed the our dependence on foreign energy sup- respective communities. Conservation and Restoration Act of plies then they should join me and oth- Is there something in the DNA here 2000, and, overall, EPA’s budget had ers in calling for increased fuel con- in the majority that allows them to de- been cut by $300 million. servation and investment in mass tran- cide that wealthy people ought be Today, the House is being asked to sit and alternative energy sources. prioritized over the collective needs of consider an Interior appropriations bill Mr. Speaker, while I cannot speak on a community? The underlying legisla- that is even worse. Indeed, this is not behalf of every Member of Florida’s tion is, unfortunately, only the first of by any fault of the Appropriations delegation, I can tell you that the over- 11 installments this year of the grim Committee, but it is the fault of the whelming majority of us in Florida and reality of which Democrats have majority in this body, which has tied our citizens and our Governor do not warned for the last 5 years. our hands in a knot of fiscal irrespon- want offshore oil drilling in Florida, Mr. Speaker, I would urge my col- sibility. and we intend to do whatever is nec- leagues to understand that before we If this rule passes, the House will be essary to strip this provision from the finish this appropriations process all of forced to consider an Interior appro- bill today. us will understand those grim realities, priations bill that not only includes Mr. Speaker, I would be remiss if I for the chickens are coming home to the massive cuts from last year, but failed to mention that I am extremely roost. actually cuts these programs even grateful that under this bill Congress Mr. Speaker, I reserve the balance of more, so that my friends in the major- furthers its commitment to restoring my time.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2767 Mr. BISHOP of Utah. Mr. Speaker, I If Greenland’s ice cap melts, that is a mental programs. The Republican ma- yield 4 minutes to the gentlemen from 23-feet sea level rise, try to imagine jority chose to eliminate the State Maryland (Mr. GILCHREST). that, depending on where you live. grants for the Land and Water Con- Mr. GILCHREST. Mr. Speaker, I Human activity, the burning of fossil servation Fund. The Republican major- thank the gentlemen from Utah for fuel, is increasing CO2, and so the idea ity chose to pass a budget that requires yielding me time. that we should have a sense of Con- a completely inadequate allocation for Mr. Speaker, I rise to support the gress that this is an observable prob- the Department of Interior and envi- rule and I rise to support the under- lem and we should take a look at it is ronmental programs. lying legislation. Mr. Speaker, what I only reasonable. Mr. Speaker, we have the results of would like to speak to at this point is The U.S. is losing competitiveness, those choices before us today. We could in the underlying bill there is a provi- economic opportunities for advanced have done better. We could have chosen sion which states that this body, that technologies unless we move forward to move away from the deliberate pol- there is a sense of Congress that we with this. I support the underlying icy of putting the privileges of million- should recognize that there is an ongo- rule. aires ahead of the needs of our commu- ing problem with the amount of carbon Mr. HASTINGS of Florida. Mr. nities and families. dioxide, CO2 that is being emitted as a Speaker, I yield 3 minutes to my good Since 1964, LWCF funding has been result of burning fossil fuel and that friend and fellow member on the Rules used to support the acquisition and the United States should take steps to Committee, the gentlemen from Massa- maintenance of our national wildlife reduce that emission of CO2. chusetts (Mr. MCGOVERN). refuges, parks, forests and public do- Now, carbon dioxide makes up a frac- Mr. MCGOVERN. Mr. Speaker, I main lands, and the stateside program tion of less than 1 percent of the at- thank the gentlemen for yielding me has helped to preserve open space, slow mosphere, and yet that one element in time. urban sprawl and given our children the atmosphere, less than 1 percent, a Mr. Speaker, I want to say to the safe places to play. fraction of 1 percent, pretty much de- gentleman from Maryland who just This program has broad bipartisan termines the heat balance or the cli- spoke that I agree with almost every- support, and success stories can be mate of the planet. thing he just said, except when he said found in every single State and every CO2 is increasing, especially over the that he was going to vote for the un- single community throughout this last 100 years, as a result of burning derlying rule, because the rule specifi- country. In fact, this year I joined with fossil fuels. We are having a dramatic cally does not protect the global warm- my colleagues from New York (Mr. impact on the heat balance of the plan- ing language. KING) and New Jersey (Mr. HOLT) in et. Let us just look at some simple sci- So I do not know how the gentlemen urging the committee to restore fund- entific observations. can feel on the one hand very passion- ing to the Stateside Grant Program. This is data that is conclusive among ately about doing something about One hundred fifty Members shared this the scientific community. 10,000 years global warming and having us look concern and signed on to a bipartisan ago we were at the end of the last ice into the issue, and on the other hand letter. age, and we can measure the amount of go ahead and vote for a rule that will Mr. Speaker, it is all about priorities: CO2 in the atmosphere 10,000 years ago. allow anybody on this floor to strike Tax breaks for the wealthy few or open It was 180 parts per million. 180 parts it. space and environmental protections per million of CO2 in the atmosphere Mr. Speaker, it has been nearly a for the majority of Americans. I com- 10,000 years ago. year since we considered the Interior mend Mr. TAYLOR and Mr. DICKS for Now, let us fast forward almost 10,000 appropriation, the last Interior appro- the good in this bill, but the good is years. It was 280 parts per million 100 priations bill. One year ago I joined not enough to outweigh the bad. years ago. So almost 10,000 years it with my colleagues in voicing my out- The Republican majority in this took to increase CO2 into the atmos- rage at the inadequate funding levels House have made their choices. It is phere from natural processes 100 for critical environmental and con- the wrong choice. I urge my colleagues points, from 180 parts per million to 280 servation programs, and last year, like to hold true to their promise to the parts per million 100 years ago. this year, we were told that because of American people and reject this bill. Now, let us fast forward 100 years to the budget allocation this was the best We must do better. today. It is 380 parts per million. So that we could do, we will try to do bet- CONGRESS OF THE UNITED STATES. what took 10,000 years to increase in ter next year. Washington, DC, March 14, 2006. the last 100 years, we have done that Hon. CHARLES TAYLOR. So here we are today in the wake of Chairman, Subcommittee on Interior Appropria- that fast, from 280 parts per million to having the Republican leadership ram tions, RHOB, Washington, DC. 380 parts per million in just 100 years. through a martial law rule in order to Hon. NORM DICKS, What we are saying is that dramatic take up a budget resolution that just Ranking Member, Subcommittee on Interior Ap- increase is attributed to human activ- like last year’s version slashes pro- propriations, LHOB, Washington, DC. ity burning fossil fuel. That dramatic grams in areas of education, job train- DEAR MR. CHAIRMAN: We are writing to increase has resulted in glaciers reced- ing, conservation, public health and urge the Subcommittee to restore funding to ing traumatically around the planet, the Land and Water Conservation Fund medical research and social services. (LWCF) state and local grant program to the warmest 10 years on record from Another year has gone by, but it is $100 million for FY 2007. the 1990s. Hurricanes are getting still the same old story. And so I rise The LWCF state assistance program pro- stronger and more fierce, and all we today, sadly, in opposition to the fiscal vides matching federal grants to states and have to do is take a look at what hap- year 2007 Interior appropriations bill. local communities to develop outdoor recre- pened in New Orleans, lower Louisiana, This bill is an assault against our envi- ation facilities and resources. This competi- Katrina, Rita, Wilma, Florida, et ronment and it should be defeated. tive grant program provides funds to the cetera, et cetera, because the atmos- Once again, it significantly cuts states that choose local projects based on need and quality of the project. Unfortu- phere is warming as a result of an in- funding for the Land and Water Con- nately, the FY 2007 budget eliminates fund- crease in CO2. servation Fund and completely elimi- ing for the state assistance program. An in- The seas, the oceans are warming as nates the Stateside Grant Program. adequate funding level for this program has a result of increasing CO2 into the at- That is right, zero dollars for the had detrimental effects on communities mosphere that is directly attributed to Stateside Land and Water Conserva- across America, a number of which have fossil fuel burning by human activity. tion Program. I am simply not inter- been unable to begin certain new projects or The polar ice cap is melting. In the last ested in hearing the same old argument to complete recreational projects already 20, 25 years it has decreased in volume that this is simply the best we can do begun. This lack of funding would also mean by 40 percent. Twenty years ago, the that youth sports teams trying to access given the budget allocation. more facilities to relieve the stress of over- amount of water running off the ice The budget allocation does not just crowded fields and resources won’t be able to caps of Greenland was 20 cubic miles a fall from the sky, this Congress voted find such fields, or community service orga- year. Now it is 53 cubic miles a year on the budget yesterday. The Repub- nizations needing public recreation resources flowing off Greenland. lican majority chose to slash environ- won’t have them.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2768 CONGRESSIONAL RECORD — HOUSE May 18, 2006 The recently revised USDA/HHS Dietary Jim Saxton, Janice Schakowsky, Adam launch the necessary comprehensive Guidelines call for 30 minutes of regular Schiff, Allyson Schwartz, John J. H. program the United States must take physical activity to promote health, psycho- Schwarz, David Scott, Robert Scott, Chris- to lead the world in reversing the logical well-being, and a healthy body topher Shays, Brad Sherman, Rob Simmons, threat of global warming. weight. Every American needs to take this Ike Skelton, Louise Slaughter, Adam Smith, call to heart, and for most Americans, local Vic Snyder, Mark Souder, John Spratt, Pete I am also let down that the Rules public parks and recreation areas are the Stark, Ted Strickland, Bart Stupak, Ellen Committee chose not to protect the place they would most like to do their daily Tauscher, Lee Terry, John Tierney, provision accepted by the Appropria- physical activity. Our communities need Edolphus Towns, Stephanie Tubbs-Jones, tions Committee that seeks to correct funding for this program, which will increase Mark Udall, Tom Udall, Chris Van Hollen, an undue windfall being reaped by the opportunities for adults and children to have James Walsh, Diane Watson, Melvin Watt, oil and gas industry due to erroneously better access to close to home health pro- Henry Waxman, Jerry Weller, Lynn Woolsey. written contracts by the Mineral Man- motion and disease prevention resources. Mr. BISHOP of Utah. Mr. Speaker, I The Land and Water Conservation Fund agement Service. These faulty con- State Assistance program has aided local reserve the balance of my time. tracts could cost the Federal Govern- recreation projects in over 98% of all U.S. Mr. HASTINGS of Florida. Mr. ment $7 billion in royalties between counties, and the federal investment has Speaker, I yield 2 minutes to the gen- now and 2011. Because of these short- been matched many times over with local tleman from Washington (Mr. DICKS), comings in the rule and the self-enact- funds in 40,000 sports fields, community my good friend, the ranking member of ing clause, I will have to vote ‘‘no’’ on recreation facilities, and natural parks. We the relevant subcommittee. its passage. believe that this program is vital to assist- Mr. DICKS. Mr. Speaker, I appreciate Mr. HASTINGS of Florida. Mr. ing communities that are trying to provide the gentleman from Florida for yield- Speaker, I am very pleased to yield to close to home places for all Americans to get active and stay healthy. ing me time. the distinguished ranking member of The LWCF matching grants especially help Mr. Speaker, I rise in opposition to the Appropriations Committee, my those communities that are facing the prob- this rule for the consideration of H.R. very good friend, Mr. OBEY from Wis- lems associated with exploding growth such 5386, the fiscal year 2007 Interior and consin, 4 minutes. as a critical lack of sports fields and lack of Environmental appropriations bill. Mr. OBEY. I thank the gentleman for necessary community planning. These grants Mr. Speaker, while I appreciate that the time. also assist many small communities to build this is an open rule, I am deeply dis- Mr. Speaker, today, the House of possibly their only public recreation facility, Representatives enters the land of a facility or park that would not exist with appointed that the Rules Committee out the federal funds that match their local did not protect a provision for which I make believe. Since April, the major- funds and make the investment possible. specifically asked for such protection. I ity party has been trying to pass its Given the national obesity crisis and the also strongly oppose the self-enacting misbegotten budget resolution, and need for all Americans to have access to pub- clause which puts into place the cuts they have had a very difficult time lic places and spaces to have a place to get contained in the budget resolution doing that because their more mod- active and stay healthy, we strongly urge passed on a strictly partisan basis last erate Republican brethren in the Sen- you to support an appropriation of $100 mil- ate have regarded the budget pushed by lion in FY 2007 for the LWCF state assist- night. ance program. Mr. Speaker, the provision I sought the majority party as being extreme, Sincerely, for, section 425 of the bill, results from and it is something that they don’t James McGovern, Peter King, Rush Holt, an amendment I successfully offered in want to take home to their constitu- Neil Abercrombie, Gary Ackerman, Thomas the Appropriations Committee that ents. Allen, Robert Andrews, Brian Baird, Tammy simply expresses the sense of the Con- Last night, in a very interesting ka- Baldwin, Melissa Bean, Xavier Becerra, Shel- gress that global climate change is in buki dance, the majority party man- ley Berkley, Timothy Bishop, Earl Blumen- part due to human activity. I think aged to finally find the votes some auer, Sherwood Boehlert, Leonard Boswell, more than a month late to pass their Rick Boucher, Jeb Bradly, Henry Brown, that is pretty self-evident. budget resolution in this House. But it Sherrod Brown, Dave Camp, Lois Capps, Mi- b 1100 chael Capuano, Benjamin Cardin, Dennis still has not been passed by the Senate, Cardoza, Russ Carnahan, Julia Carson, Ed The provision also stated that this and I think objective observers feel it Case, Ben Chandler, Donna Christensen. reality of climate change may result in is not likely to ever pass the Senate. Wm. Lacy Clay, Emanuel Cleaver, James a comprehensive and mandatory pro- So now we have a problem. The ap- Clyburn, John Conyers, Jerry Costello, Jo- gram to reduce the impact of human propriations bills are not supposed to seph Crowley, Henry Cuellar, Elijah activity on global warming. move forward until we have a budget Cummings, Jo Ann Davis, Susan Davis, Tom Let me repeat. The provision was resolution passed by both chambers in Davis, Peter DeFazio, Diana DeGette, Wil- liam Delahunt, Rosa DeLauro, John Dingell, nonbinding. The provision would have place. So what do our friends on the Lloyd Doggett, Michael Doyle, Rahm Eman- resulted in no change in spending by majority side of the aisle decide to do? uel, Eliot Engel, Anna Eshoo, Lane Evans, the agencies funded by the Interior and They use this rule to deem as passed Mike Ferguson, Michael Fitzpatrick, Harold Environmental Appropriations Sub- the budget resolution which they have Ford, Jeff Fortenberry, Vito Fossella, Bar- committee. This provision authorizes not been able to pass. In other words, ney Frank, Wayne Gilchrest, Charles Gon- nothing. In fact, it was the same lan- the rule says ‘‘Let us pretend that in zalez. guage that the other body adopted last spite of the fact that the Congress Bart Gordon, Gene Green, Raul Grijalva, year during consideration of the energy Luis Guitierrez, Jane Harman, Alcee hasn’t passed its budget, it has.’’ That Hastings, Brian Higgins, Tim Holden, Dar- bill that was dropped during con- is what we are doing. lene Hooley, Jay Inslee, Steve Israel, Wil- ference. And so I think that is reason enough liam Jefferson, Tim Johnson, Sue Kelly, I still think it is important that the to vote against this bill and this rule. Dale Kildee, Ron Kind, Dennis Kucinich, House go on record as acknowledging Unless, of course, you think it is right John Kuhl, James Langevin, Tom Lantos, that we are in part responsible for the to provide $40 billion in tax cuts to peo- Rick Larsen, John Larson, Barbara Lee, recent increases in global air and ocean ple who make over $1 million a year, Sander Levin, John Lewis, Daniel Lipinski, temperatures. And I want to associate while at the same time we are cutting Frank LoBiondo, Stephen Lynch, Carolyn myself with the remarks of the gen- needed domestic programs such as edu- McCarthy, Betty McCollum. Thaddeus McCotter, Jim McDermott, Mike tleman from Maryland. Although the cation, health care, science, and envi- McIntyre, Cynthia McKinney, Michael amendment I offered and the Appro- ronmental protection by $13 billion McNulty, Carolyn Malone, Ed Markey, Jim priations Committee accepted would below the current service level. Unless Marshall, Jim Matheson, Doris Matsui, Mike not lead directly to any actions by the you think, of course, that it is per- Michaud, Juanita Millender-McDonald, Federal Government, it remains an im- fectly justifiable to cut the clean water George Miller, Dennis Moore, Jerrold Nadler, portant first step. At least the House revolving fund by 50 percent, as this Grace Napolitano, Richard Neal, James Appropriations Committee is on record bill will do, at the same time that you Oberstar, Solomon Ortiz, Tom Osborne, Frank Pallone Jr., Donald Payne, David as facing the truth on climate change. are giving the wealthiest 1 percent of Price, Nick Rahall II, Silvestre Reyes, Tom I see that as a victory. But we still people in this country who make over Reynolds, Mike Ross, Tim Ryan, John have the responsibility to go beyond a $400,000 a year $64 billion in tax cuts. Salazar, Bernie Sanders. sense of the Congress resolution and The average person making over $1

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2769 million a year will get a tax cut well ing with industry to address safety some of the money may somehow, over $100,000. concerns rather than to enforce the somewhere, possibly be put back. Well, If you make $42,000 a year, the tax law. In fact, in 1998 Mr. Correll testi- now we know that nonbinding language break that you are going to get in the fied before the House Committee on means nothing at all. The rule carries bill that the majority passed last week Education and Workforce, Sub- forward enforcement of these cuts. is about 80 cents a week; but if you committee on Workforce Protection, And so if you are a moderate Repub- make over $1 million, your tax cut is advocating fewer inspections, incen- lican or a member of the minority that going to be as large as the entire salary tives over penalties, and cooperation believes going down this path is unwise of that person who made $42,000. I don’t over regulation. and sells out priorities of the American think that is the kind of budget that I While other nations have soared people, then you should not vote for want to take home to my constituents. ahead in mine safety, incorporating this rule today. Anyone voting against So I would say the underlying bill new technologies to ensure and im- that budget with concerns about these itself is bad enough with what it does prove protections for their most pre- devastating cuts in nondefense discre- to the clean water revolving fund, the cious mining resource, their workers, tionary spending should vote against way it shreds land acquisition pro- this Nation through a cultural shift at this rule. It imposes the cuts on the ap- grams, the way it hems in EPA’s abil- MSHA remained at the dust. It has propriations process. ity to enforce the law against pol- been a shameful record that I would be Mr. BISHOP of Utah. Mr. Speaker, I luters, it is bad enough to vote against loathe to see carried over to OSM. am pleased to yield 5 minutes to the as is. But when you add to it this The health and safety of the resi- gentleman from Pennsylvania (Mr. PE- ‘‘Let’s Pretend’’ fiction that the House dents in our mining communities TERSON) to try to correct an inaccuracy has passed a budget which it hasn’t should not be gambled on in the way that was stated a little bit earlier. passed, it therefore becomes an en- that the health and safety of our mine Mr. PETERSON of Pennsylvania. I dorsement of that budget. I don’t think workers has been. It is time that con- thank the gentleman for yielding, and the American people want that budget. cern and compassion and correctness I rise to support the rule. I would like I certainly don’t want that budget. I for our miners take precedent over loy- to commend the committee and staff intend to vote ‘‘no.’’ alty to industry and loyalty to this ad- for good work in tough times. Mr. BISHOP of Utah. Mr. Speaker, I ministration. Mr. Speaker, I think this House bet- am going to reserve. So it is passing strange, to say the ter get used to tough budgets if we are Mr. HASTINGS of Florida. Mr. least, that the Bush administration going to get a handle on the Federal Speaker, I am very pleased at this time would nominate as OSM director a per- deficit. We are not going to have a lot to yield to my good friend from West son who presided over MSHA during of surpluses, we are going to have to Virginia (Mr. RAHALL) 3 minutes. the worst rash of coal miner fatalities pass budgets and appropriations bills Mr. RAHALL. I thank the distin- in recent times. One must wonder if that leave us all a little painful be- guished gentleman from Florida for this person will bring the same philos- cause it is important that we get a yielding me the time. ophy to overseeing the environmental handle on the fiscal affairs of this Mr. Speaker, I rise in opposition to protection of coalfield citizens. country. this rule, and I want to address that I urge opposition to this rule for In this bill there is a provision that portion of the pending appropriations many other reasons that have been was mentioned by the gentleman from bill concerning the Office of Surface stated by my colleagues. Florida that removes the congressional Mining, and specifically the Abandoned Mr. BISHOP of Utah. Mr. Speaker, I moratorium for producing energy on Mine Reclamation Fund. want to reserve one more time. the outer continental shelf. Now, why In regard to the Abandoned Mine Mr. HASTINGS of Florida. Mr. would I propose that in the committee? Reclamation Fund, there exists an un- Speaker, I am very pleased at this time I am pleased to tell you why. expended balance in the AML trust to yield 2 minutes to the gentleman The industries of this country that fund approaching $2 billion, and it is from North Dakota, my classmate and provide the very best jobs we have left my hope that in conference this par- friend, Mr. POMEROY. in America are being made non- ticular appropriation will be increased. Mr. POMEROY. I thank the gen- competitive and have been non- With respect to the Office of Surface tleman for yielding. competitive for several years because Mining, I would observe that just yes- Mr. Speaker, it has only been a few of high natural gas prices. Five years terday news emerged that the Presi- hours since we resolved the vote on the ago, the price of natural gas in Amer- dent intends to nominate John R. budget. To the disappointment of many ica averaged $2. Last year, the average Correll to serve as the agency’s direc- of us, the budget was passed, and the price was $9.50. You don’t have to be tor. I have not met the gentleman, and fifth debt limit increase, the second very good in math to know that was a I look forward to doing so. But what since March of this year alone, has now huge, huge increase. If it was gasoline immediately catches the eye is that, been authorized. at the pump, it would be $7 gasoline to since 2002, Mr. Correll served as the But there are other features in this fill our cars. deputy assistant secretary of labor and budget passed last night that many of This is preventing Americans from was responsible, according to the ad- us found objectionable, including those being warm in their homes, it is pre- ministration’s press release yesterday, steep, steep cuts in nondefense discre- venting Americans from being warm in of all aspects of the mine’s safety tionary spending in order to pay for their businesses. I was at a lot of busi- health administration. those tax cuts disproportionately bene- nesses where it was 60 degrees and they Now, it is no secret that 26 coal min- fiting the wealthiest people in this were wearing jackets running their re- ers have perished this year, a rate that country. Those who need the help the tail businesses. America cannot afford this Nation has not witnessed in recent least get the most help in terms of to be warm with energy prices increas- memory. It is also no secret that many huge tax cuts, and vital programs to ing that fast. of these fatalities could have been this country get savaged under the Businesses, the petro-chemical indus- avoided if MSHA had been doing its spending cuts moved forward. try, 55 percent of their cost is natural job. Mr. Correll had been part of the I want to elaborate on the earlier de- gas both as an ingredient and a fuel. leadership of MSHA during the time bate carried by our ranking member, Fertilizer, as high as 70 percent to when the policy floor fell out. Under DAVE OBEY, in the Appropriations Com- make nitrogen fertilizer, the cost of his leadership, the philosophy at MSHA mittee, because in this rule there is natural gas. The steel industry, the changed from one of oversight and language which incorporates the spend- aluminum industry, the glass industry, compliance to one of partnership and ing limits of the House-passed budget the brick industry will not remain in complicity. Rule-makings were aban- last night. I want to make this point America unless we provide affordable doned, opportunities to improve coal very clear, because there were 12 Mem- natural gas. mining safety were closeted away, and bers of the majority that voted against Now, here is the tragedy. What peo- Mr. Correll and others within the Bush that budget. There was another group ple don’t realize, when we pay $75 for Labor Department advocated partner- that got nonbinding language saying oil, the whole world does. When we paid

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2770 CONGRESSIONAL RECORD — HOUSE May 18, 2006 $9.50 for gas last year and for 4 months not the end of that. It is the first step incentives on emissions of greenhouse it was $14 and $15, Europe was at $6, in saying we are going to deal with gases. China and Taiwan was at $3.50, South natural gas and energy in this country. Mandating reductions in carbon America at $1.80, Russia and North Af- Mr. HASTINGS of Florida. Mr. emissions will spur innovation and help rica at 90 cents. Speaker, I yield myself such time as I slow this moving trend. We have a Folks, we are driving the best blue may consume. moral imperative, Mr. Speaker, to fu- collar working people jobs out of this I would urge my colleague from ture generations to address this threat country because they cannot afford to Pennsylvania to understand that tour- because the cost of inaction is too stay here. We have lost between three ism is the major industry in Florida, high. We cannot let our legacy be one and five paper mills since the first of and offshore gas drilling is nothing but of destruction. the year because of energy costs, and the nose under the tent. There is no Thank you very much for your atten- some of them put in new units within such thing as just gas drilling, and I do tion and your consideration. Vote the last 11⁄2 years. not have enough time, if you could get against the rule and the underlying some time from Mr. BISHOP, I would be bill. b 1115 happy to engage you ad nauseam on Mr. HASTINGS of Florida. Mr. Energy can make a company non- this subject, but when Mr. PETERSON Speaker, I am very pleased to yield 2 competitive overnight because of the says that it is not going to be environ- minutes to the distinguished gentle- use of energy. This government is the mentally harmful, offshore gas drilling woman from New York (Mrs. reason we are in trouble. We expanded routinely dumps into the ocean spent MALONEY), my very good friend. the use of natural gas 10 or 12 years ago drilling muds containing vast quan- Mrs. MALONEY. Mr. Speaker, I before I got here to make electricity. tities of mercury and other toxins, con- thank the gentleman for yielding and Now a huge amount of our natural taminated produced waters that often for his outstanding work on this issue gas makes electricity, close to 20 per- contain radium and other dangerous and so many others. cent. We did not open up supply. We substances, and additional harmful ma- I rise in strong opposition to this are the only country in the world that rine discharges that include benzene, rule. In this rule, the Rules Committee has locked up the Outer Continental toluene, lead, cadmium, and zinc. failed to report out important amend- Shelf. I had a visitor from the U.K. yes- Maybe Pennsylvania does not have ments that were approved by the Ap- terday. He said, Why do you people not the tourist industry that we do because propriations Committee, including the produce in the OCS? Everybody does. that is right, you do not have an off- important Dicks-Obey language ex- Canada does right off the coast of shore. We do in Florida, and we are pressing the need to address global cli- Maine, right off the coast of Wash- going to protect it. mate change. Why in the world can you ington. Canada has been drilling for Mr. Speaker, I am very pleased to not include that important issue in gas in Lake Erie since 1913 and selling yield 2 minutes to the distinguished this bill? the gas to us currently because we buy gentlewoman from Indiana (Ms. CAR- This bill is woefully underfunded at 17 percent of our gas this year from SON), my good friend. $800 million below the level needed to Canada. Ms. CARSON. Mr. Speaker, certainly maintain current services, and I must Natural gas we are rich with. We I am very grateful to my dear friend say that a very important amendment have chosen to lock it up, and caused from the State of Florida (Mr. that would save taxpayers money, the our homeowners to pay double and tri- HASTINGS). Hinchey amendment, was not included, ple heating costs, our small businesses Mr. Speaker, I rise in opposition to although the committee supported it. to become nonprofitable, and our large this rule, which does not protect the His amendment would suspend the roy- corporations to literally move away. language added in committee regarding alty relief program and authorize the We have lost several million jobs al- global climate change. Secretary of the Interior to renegotiate ready because of energy costs, and we Global climate change is one of the existing leases. are going to lose millions more. most serious environmental threats of This would save taxpayers dollars. It What I am going to tell you is it will our time. Yet, this House has failed re- would save dollars in our Treasury. not be the America we grew up in with peatedly to act on this issue or even Right now, in New York and L.A. and lots of opportunity. The America we acknowledge the bleak outlook voiced across this country, a gallon of gas are going to leave is an America that by many scientists. costs more than $3, while the oil and decided to starve itself on the cleanest Global temperatures are rising. This gas companies continue to make record fuel known to man, the cleanest fossil fact is indisputable. As we speak, sea profits. All of this is happening while fuel. Natural gas is the least polluting levels are rising, glaciers are melting, the taxpayers are losing out in billions fuel, and those who today were talking and polar bears are drowning in the of dollars in royalty payments from oil about CO2 and global warming, it pro- Arctic. There is a growing scientific and gas taken from land owned by the duces much less CO2 than all the other consensus that human activities, pri- American people. fossil fuels. marily the burning of fossil fuels, have Earlier this year, the New York So, if we had the price down, it can contributed to greenhouse gas accumu- Times reported that the Federal Gov- become a major player in our transpor- lation in the atmosphere. ernment will lose at least $7 billion tation system. Not 5 years down the The effects of global warming are over the next 5 years in undercollected road, tomorrow. Every gasoline engine devastating. Approximately 160,000 peo- royalty payments. Why in the world can run on natural gas. Our buses, our ple die each year from the side effects will the majority not correct this pro- short-haul trucks, our construction ve- of global warming, which range from gram that would put money into the hicles could all be on natural gas with malaria to malnutrition to heat ex- budget for student loans, to help the a modest change. haustion in our seniors. If tempera- disadvantaged, to help our seniors? Natural gas can be the bridge to all tures continue to rise, coastal flooding Yet, they would not include it and the the alternatives that are slowly mov- and drought could occur, and the inten- underpayment continues, and that ing forward. It can quadruple the sav- sity of hurricanes could increase. money rightfully belongs to the Amer- ings that we can do with CAFE, and I In my neighborhood alone in Indian- ican people. am probably going to support that this apolis, Indiana, we have finally got the We are talking about oil and gas ex- time, but it is an immediate thing. EPA to look at the fact that it is the tracted from land owned by the Amer- Natural gas is what can keep America environment that is snapping away ican people with rip-off leases to the competitive until we get a handle on people’s lives prematurely. oil and gas companies where they are the other energies that can replace oil. We have seen that voluntary limits reporting record profits. What is wrong I urge you to not remove the morato- on greenhouse gas emissions simply do with having those leases negotiated to rium. It does not threaten our coast- not work. This bill currently includes express fair market value so that the line. We still have a presidential mora- language that recognizes our responsi- taxpayers and the Federal Government torium. We still have a 5-year plan that bility to establish a national program can have that money for the services takes 2 years to implement and it is of mandatory, market-based limits and that the people need?

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2771 It is a really terrible rule. They did the utility companies, when it would an appropriation bill if the authorizing not even include amendments that seem logical or at least rational to try committee agrees and does not object. were passed out by the Appropriations to explore in some way a way of in- In this particular situation, the Rules Committee. Please vote ‘‘no.’’ creasing the availability so that all Committee did what it was supposed to Mr. HASTINGS of Florida. Mr. people have to pay less for heat for do and simply said, where an author- Speaker, I yield myself the remaining their homes in the winter, and that in- izer objects to a provision in an appro- time. stead of trying to subsidize the poor, priation bill they will have the oppor- Mr. Speaker, I will be calling for a we try to solve the problem at its root. tunity to come forward and do just ‘‘no’’ vote on the previous question. If It is difficult to sometimes be here that. the previous question is defeated, I will and have people criticize the lack of One of the speakers said we pulled amend the rule so we can consider Mr. natural energy, wanting to consume out certain amendments, or that we OBEY’s amendment to restore vital more without producing more, at the did not allow certain amendments to funding to the Interior appropriations same time being critical of any efforts be in the bill. No, they are still in the bill, the amendment that was rejected to actually increase that consumption bill. We did allow an authorizer to in the Rules Committee last night on a possibility. Not only is this an issue come in and exercise his right under straight party-line vote. that hits individuals in trying to heat the rules to protest that authorization I ask unanimous consent to insert their homes, but it also hits businesses, language in an appropriation bill, and the text of the amendment and extra- much of which runs on natural gas. then we will deal with that issue when neous materials immediately prior to I have farmers in my constituency the time comes. the vote. that cannot fertilize this year because I am telling you that what I think The SPEAKER pro tempore. Is there there is not enough fertilizer being pro- the Rules Committee has done here objection to the request of the gen- duced and because natural gas becomes with this open rule, so that any amend- tleman from Florida? a critical element in its production and ment that actually deals with the ap- There was no objection. its distribution form. Industries are propriation side is legitimate, is to pro- Mr. HASTINGS of Florida. Mr. not being able to operate because of tect the process as written in our rules. Speaker, the Interior appropriations that. And if appropriators wish to be author- bill is currently funded at $145 million I do, though, want to thank Mr. izers and authorizers wish to be appro- below the fiscal year 2006 level and $800 HASTINGS for the very end talking priators, maybe they should look at million below the level that is needed about increasing fund because this is, trying to rearrange their committee just to maintain current services. after all, a funding bill. I do want to schedules to accommodate that proc- These shortfalls will negatively impact also talk about two issues that were ess. our national parks and forests, critical raised in defense of the bill and defense This rule is a good rule because it fol- environment and conservation pro- of the position of the Rules Committee. lows the rules, it defends the process grams, clean water programs, and serv- Section 2 of the resolution says that that we have, and it moves us forward ices for Native Americans. it is essential to allow the House to in the debate. I feel comfortable with Mr. Speaker, the Obey amendment have the so-called deeming resolution, that. I feel comfortable with much of would restore $800 million to the bill to which means we deemed the budget the actual appropriations in this par- ensure that these vital programs and resolution which was passed by the ticular bill. services are able to continue at current House last night as having force and ef- I did have times when I was given a levels, and that amendment is fully fect until we can get a conference re- paid for by reducing the tax break kind of start. As an old teacher, every port. It is essential to move that for- time they said the word education my given to those fortunate individuals ward if there is to be any kind of pa- among us with incomes more than $1 ears perked up, because I was won- rameters and discussion over the de- dering where education fits into this million annually. Their generous tax bate. If we do reject this rule and sub- savings, which average $114,000, would bill. And then I realized we are debat- sequent rules on appropriations items ing a whole lot of other issues not nec- be reduced by $2,000, certainly a small which do that, we simply have the net sacrifice to maintain these essential essarily related to this appropriations effect of this body of postponing any process. programs and services. rational discussion in a logical and de- I do want to say something that is I want to assure my colleagues that a termined way of any of the appropria- extremely personal to me as it deals ‘‘no’’ vote will not prevent us from con- tions items. sidering the Interior appropriations with potential taxes. The last time my bill under an open rule, but a ‘‘no’’ vote b 1130 party did not control the House and the will allow Members to vote on Rep- We might as well just dust off the old Senate and the Presidency, the solu- resentative OBEY’s amendment. How- omnibus bill, because that will be the tion to our budget situation was the ever, a ‘‘yes’’ vote will block consider- end result of not moving forward in a largest tax increase in the history of ation of this amendment to restore se- rational and logical approach on each this country, and it started out with vere funding shortfalls in this bill. and every one of these budget areas. I the concept of taxing the rich. I was a Vote ‘‘no’’ on the previous question. don’t think that is the appropriate tact school teacher. My taxes increased at a Mr. Speaker, I yield back the balance that we as a body wish to take. greater percentage and with a greater of my time. Secondly, I want to talk also about a dollar amount than ever in my life- Mr. BISHOP of Utah. Mr. Speaker, I couple of other provisions that have time. My wife had just taken a part- yield myself such time as I may con- been criticized. In section 2 clause b it time job that year. Everything she sume. says: ‘‘A provision changing existing made in that part-time job went to pay I find these opportunities exhila- law may not be reported in a general for the tax increase, supposedly on the rating to say the least. There are a appropriations bill.’’ Over in rule 4 it rich. couple of things that I would like to says, ‘‘A bill or joint resolution car- I guess I should be grateful to the point out. rying an appropriations may not be re- Congress that at that time, as a school- We have spent a great deal of time ported by a committee not having ju- teacher, I was labeled as one of the rich talking about one of the provisions risdiction to report the appropria- in this country. But that was the re- that is in this bill that deals with the tions.’’ ality. And if indeed we never go back drilling of natural gas, which is far dif- What it basically means is that ap- to those days again, I will be grateful ferent than the drilling of oil would be. propriation bills are supposed to be ap- and I will be happy. It seems in Congress sometimes that propriating, authorizing bills should be Mr. Speaker, this is a good rule. This we talk so much about the problem of for authorizing, and the function of the is a good bill. It will be talked about at heating in winter. We appropriate bil- Rules Committee is to try and make length today, and I am sure will be lions of dollars for the LIHEAP pro- sure those distinctions are clear. To be amended in appropriate ways as time gram so that Federal money can go di- honest, we sometimes will fudge on goes on, but it is still a good bill and I rectly through an individual over to that and put authorization language in urge the adoption of the rule.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2772 CONGRESSIONAL RECORD — HOUSE May 18, 2006 The material previously referred to merely a procedural vote. A vote against or- Mr. HASTINGS of Florida. Mr. by Mr. HASTINGS of Florida is as fol- dering the previous question is a vote Speaker, I object to the vote on the lows: against the Republican majority agenda and ground that a quorum is not present a vote to allow the opposition, at least for PREVIOUS QUESTION FOR H. RES. 818—RULE the moment, to offer an alternative plan. It and make the point of order that a FOR H.R. 5386 THE INTERIOR, ENVIRONMENT, is a vote about what the House should be de- quorum is not present. AND RELATED AGENCIES APPROPRIATIONS bating. The SPEAKER pro tempore. Evi- FOR FY2007 Mr. Clarence Cannon’s Precedents of the dently a quorum is not present. House of Representatives, (VI, 308–311) de- At the end of the resolution, add the fol- The Sergeant at Arms will notify ab- lowing new sections: scribes the vote on the previous question on ‘‘SEC. 3. Notwithstanding any other provi- the rule as ‘‘a motion to direct or control the sent Members. sion of this resolution, the amendment print- consideration of the subject before the House Pursuant to clause 8 and clause 9 of ed in section 4 shall be in order without being made by the Member in charge.’’ To rule XX, this 15-minute vote on order- intervention of any point of order and before defeat the previous question is to give the ing the previous question will be fol- any other amendment if offered by Rep- opposition a chance to decide the subject be- lowed by 5-minute votes on adoption of fore the House. Cannon cites the Speaker’s resentative Obey of Wisconsin or a designee. H. Res. 818, if ordered; and motion to The amendment is not subject to amendment ruling of January 13, 1920, to the effect that except for pro forma amendments or to a de- ‘‘the refusal of the House to sustain the de- suspend the rules on H. Res. 795. mand for a division of the question in the mand for the previous question passes the The vote was taken by electronic de- committee of the whole or in the House. control of the resolution to the opposition’’ vice, and there were—yeas 218, nays SEC. 4. The amendment referred to in sec- in order to offer an amendment. On March 191, not voting 23, as follows: 15, 1909, a member of the majority party of- tion(InteriorAmendment and toEnvironment H.R. ll, as ReportedAppropriations, 3 2007)is as follows: Offered by Mr. Obey of Wisconsin fered a rule resolution. The House defeated [Roll No. 160] At the end of the bill (before the short the previous question and a member of the YEAS—218 title), insert the following: opposition rose to a parliamentary inquiry, asking who was entitled to recognition. Aderholt Gilchrest Ney TITLE VI—ENHANCED APPROPRIATIONS Akin Gillmor Northup Speaker Joseph G. Cannon (R-Illinois) said: FOR CONSERVATION, RECREATION, Alexander Gingrey Norwood THE ENVIRONMENT, AND NATIVE ‘‘The previous question having been refused, Baker Gohmert Nunes AMERICANS the gentleman from New York, Mr. Fitz- Barrett (SC) Goode Nussle gerald, who had asked the gentleman to Bartlett (MD) Goodlatte Osborne SEC. 601. In addition to the amounts other- yield to him for an amendment, is entitled to Barton (TX) Granger Otter wise made available by this Act, the fol- the first recognition.’’ Bass Graves Oxley lowing sums, to remain available until ex- Because the vote today may look bad for Beauprez Green (WI) Paul pended, are appropriated: the Republican majority they will say ‘‘the Biggert Gutknecht Pearce (1) $300,000,000 for clean air and water pro- vote on the previous question is simply a Bilirakis Hall Pence grams administered by the Environmental vote on whether to proceed to an immediate Bishop (UT) Harris Peterson (PA) Blackburn Hart Protection Agency as follows: vote on adopting the resolution * * * [and] Petri Blunt Hastings (WA) Pickering (A) $250,000,000 for the Clean Water State has no substantive legislative or policy im- Boehlert Hayes Pitts Revolving Fund, as authorized by title VI of plications whatsoever.’’ But that is not what Boehner Hefley Platts the Federal Water Pollution Control Act. they have always said. Listen to the Repub- Bonilla Hensarling Poe Bonner Herger (B) $50,000,000 for clean diesel and home- lican Leadership Manual on the Legislative Pombo Bono Hobson land security programs, as requested in the Process in the United States House of Rep- Porter Boozman Hoekstra President’s budget. resentatives, (6th edition, page 135). Here’s Price (GA) how the Republicans describe the previous Boustany Hostettler (2) $300,000,000 for protection of Federal Bradley (NH) Hulshof Pryce (OH) lands administered by the Department of the question vote in their own manual: Although Brown (SC) Hunter Putnam Interior and the United States Forest Serv- it is generally not possible to amend the rule Brown-Waite, Hyde Radanovich ice as follows: because the majority Member controlling Ginny Inglis (SC) Ramstad (A) $100,000,000 to address maintenance the time will not yield for the purpose of of- Burgess Issa Regula backlogs within the national parks, refuges, fering an amendment, the same result may Burton (IN) Istook Rehberg Reichert forests, and other lands of the United States. be achieved by voting down the previous Buyer Jenkins Calvert Jindal Renzi (B) 150,000,000 for acquisition and preserva- question on the rule * * * When the motion for the previous question is defeated, control Camp (MI) Johnson (CT) Rogers (AL) tion of priority lands within the national Rogers (KY) of the time passes to the Member who led the Campbell (CA) Johnson (IL) parks, refuges, and forests when such lands Cannon Johnson, Sam Rogers (MI) are threatened by development activities opposition to ordering the previous question. Cantor Jones (NC) Rohrabacher that could restrict access to such lands in That Member, because he then controls the Capito Keller Ros-Lehtinen the future by the American people. time, may offer an amendment to the rule, Carter Kelly Royce (C) $50,000,000 to address staffing shortages or yield for the purpose of amendment.’’ Castle Kennedy (MN) Ryan (WI) Deschler’s Procedure in the U.S. House of Chabot King (IA) for visitor services at national parks and na- Ryun (KS) Representatives, the subchapter titled Chocola King (NY) Saxton tional wildlife refuges. ‘‘Amending Special Rules’’ states: ‘‘a refusal Coble Kingston Schmidt (3) $30,000,000 for grants to States adminis- to order the previous question on such a rule Cole (OK) Kirk Schwarz (MI) tered by the National Park Service for sup- [a special rule reported from the Committee Conaway Kline Sensenbrenner port of conservation and recreation pro- Crenshaw Knollenberg Sessions on Rules] opens the resolution to amend- Cubin Kuhl (NY) grams within the States. ment and further debate.’’ (Chapter 21, sec- Shaw (4) $20,000,000 for the State and Tribal Wild- Culberson LaHood Shays tion 21.2) Section 21.3 continues: Upon rejec- Davis (KY) Latham life Grants program administered by the Sherwood tion of the motion for the previous question Davis, Jo Ann LaTourette Shimkus United States Fish and Wildlife Service. on a resolution reported from the Committee Deal (GA) Lewis (CA) (5) $50,000,000 for ‘‘Payments in Lieu of Shuster on Rules, control shifts to the Member lead- DeLay Lewis (KY) Simmons Taxes’’ as administered by the Secretary of ing the opposition to the previous question, Dent Linder Simpson the Interior and as authorized by sections who may offer a proper amendment or mo- Diaz-Balart, L. LoBiondo Smith (NJ) Diaz-Balart, M. Lucas 6901 through 6907 of title 31, United States Smith (TX) tion and who controls the time for debate Doolittle Lungren, Daniel Code. Sodrel thereon.’’ Drake E. Souder (6) $50,000,000 for ‘‘Indian Health Services’’ Clearly, the vote on the previous question Dreier Mack Stearns for support of expanded clinical health serv- on a rule does have substantive policy impli- Duncan Manzullo Sullivan ices to Native Americans. cations. It is one of the only available tools Ehlers Marchant Sweeney (7) $50,000,000 for ‘‘Bureau of Indian Af- for those who oppose the Republican major- Emerson McCaul (TX) fairs—Operation of Indian Programs’’ for English (PA) McCotter Tancredo ity’s agenda to offer an alternative plan. Taylor (NC) support of educational services to Native Everett McCrery Mr. BISHOP of Utah. Mr. Speaker, I Terry Americans. Feeney McHenry yield back the balance of my time, and, Ferguson McHugh Thomas SEC. 602. In the case of taxpayers with in- with gratitude that we are done at this Fitzpatrick (PA) McKeon Thornberry come in excess of $1,000,000, for calendar year Foley McMorris Tiahrt 2007 the amount of tax reduction resulting point, I move the previous question on Forbes Mica Tiberi from the enactment of Public Laws 107–16, the resolution. Fortenberry Miller (FL) Turner 108–27, and 108–311 shall be reduced by 1.94 The SPEAKER pro tempore. The Fossella Miller (MI) Upton percent. question is on ordering the previous Foxx Miller, Gary Walden (OR) Frelinghuysen Moran (KS) Walsh THE VOTE ON THE PREVIOUS QUESTION: WHAT question. Gallegly Murphy Wamp IT REALLY MEANS The question was taken; and the Garrett (NJ) Musgrave Weldon (FL) This vote, the vote on whether to order the Speaker pro tempore announced that Gerlach Myrick Weller previous question on a special rule, is not the ayes appeared to have it. Gibbons Neugebauer Westmoreland

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2773 Whitfield Wilson (NM) Young (AK) The question was taken; and the Brown (OH) Inslee Payne Wicker Wilson (SC) Young (FL) Brown, Corrine Israel Pelosi Speaker pro tempore announced that Butterfield Jackson (IL) NAYS—191 Peterson (MN) the noes appeared to have it. Capps Jackson-Lee Pomeroy Abercrombie Green, Al Oberstar RECORDED VOTE Capuano (TX) Price (NC) Ackerman Green, Gene Obey Cardoza Jefferson Ms. SLAUGHTER. Mr. Speaker, I de- Rahall Allen Grijalva Olver Carnahan Johnson, E. B. Rangel Andrews Gutierrez Ortiz mand a recorded vote. Carson Jones (OH) Reyes Baca Harman Owens A recorded vote was ordered. Case Kanjorski Ross Baird Hastings (FL) Pallone Chandler Kaptur Rothman The vote was taken by electronic de- Clay Kildee Baldwin Herseth Pascrell Roybal-Allard Barrow Higgins Pastor vice, and there were—ayes 218, noes 192, Cleaver Kilpatrick (MI) Ruppersberger Bean Hinchey Payne Clyburn Kind not voting 22, as follows: Rush Becerra Holden Pelosi Conyers Kucinich Ryan (OH) Berkley Holt Peterson (MN) [Roll No. 161] Cooper Langevin Berman Honda Pomeroy AYES—218 Costa Lantos Sabo Berry Hooley Price (NC) Costello Larsen (WA) Salazar Aderholt Gingrey Osborne ´ Bishop (GA) Inslee Rahall Cramer Lee Sanchez, Linda Akin Gohmert Otter Bishop (NY) Israel Rangel Crowley Levin T. Alexander Goode Blumenauer Jackson (IL) Reyes Oxley Cuellar Lewis (GA) Sanchez, Loretta Bachus Goodlatte Boren Jackson-Lee Ross Paul Davis (AL) Lipinski Sanders Baker Granger Boswell (TX) Rothman Pearce Davis (CA) Lofgren, Zoe Schakowsky Barrett (SC) Graves Boucher Jefferson Roybal-Allard Pence Davis (FL) Lowey Schiff Bartlett (MD) Green (WI) Boyd Johnson, E. B. Ruppersberger Peterson (PA) Davis (IL) Lynch Schwartz (PA) Barton (TX) Gutknecht Brady (PA) Jones (OH) Rush Petri Davis (TN) Maloney Scott (GA) Bass Hall Brown (OH) Kanjorski Ryan (OH) Pickering DeFazio Markey Scott (VA) Beauprez Harris Brown, Corrine Kaptur Sabo Pitts DeGette Marshall Serrano Biggert Hart Butterfield Kildee Salazar Platts Delahunt Matheson Sherman Bilirakis Hastings (WA) Capps Kilpatrick (MI) Sa´ nchez, Linda Poe DeLauro Matsui Skelton Bishop (UT) Hayes Capuano Kind T. Pombo Dicks McCarthy Blackburn Hefley Slaughter Cardoza Kucinich Sanchez, Loretta Porter Dingell McCollum (MN) Blunt Hensarling Smith (WA) Carnahan Langevin Sanders Price (GA) Doggett McDermott Boehlert Herger Snyder Carson Lantos Schakowsky Pryce (OH) Doyle McGovern Boehner Hobson Solis Case Larsen (WA) Schiff Putnam Edwards McIntyre Bonilla Hoekstra Spratt Chandler Lee Schwartz (PA) Radanovich Emanuel McNulty Bonner Hostettler Stark Clay Levin Scott (GA) Ramstad Engel Meehan Bono Hulshof Strickland Cleaver Lewis (GA) Scott (VA) Regula Eshoo Meek (FL) Boozman Hunter Tanner Clyburn Lipinski Serrano Etheridge Meeks (NY) Boustany Hyde Rehberg Tauscher Conyers Lofgren, Zoe Sherman Farr Melancon Bradley (NH) Inglis (SC) Reichert Taylor (MS) Cooper Lowey Skelton Fattah Michaud Brown (SC) Issa Renzi Thompson (CA) Costa Lynch Slaughter Filner Millender- Brown-Waite, Istook Rogers (AL) Thompson (MS) Costello Maloney Smith (WA) Ford McDonald Ginny Jenkins Rogers (KY) Tierney Cramer Markey Snyder Frank (MA) Miller (NC) Burgess Jindal Rogers (MI) Towns Crowley Marshall Solis Gonzalez Miller, George Burton (IN) Johnson (CT) Rohrabacher Cuellar Matheson Spratt Gordon Mollohan Udall (CO) Buyer Johnson (IL) Ros-Lehtinen Davis (AL) Matsui Stark Green, Al Moore (KS) Udall (NM) Calvert Johnson, Sam Royce Davis (CA) McCarthy Strickland Green, Gene Moore (WI) Van Hollen Camp (MI) Jones (NC) Ryan (WI) Davis (FL) McCollum (MN) Tanner Grijalva Murtha Vela´ zquez Campbell (CA) Keller Ryun (KS) Davis (IL) McDermott Tauscher Gutierrez Nadler Visclosky Cannon Kelly Saxton Davis (TN) McGovern Taylor (MS) Harman Napolitano Wasserman Cantor Kennedy (MN) Schmidt DeFazio McIntyre Thompson (CA) Hastings (FL) Neal (MA) Schultz Capito King (IA) Schwarz (MI) DeGette McKinney Thompson (MS) Herseth Oberstar Waters Carter King (NY) Sensenbrenner Delahunt McNulty Tierney Higgins Obey Watson Castle Kingston Sessions DeLauro Meehan Towns Hinchey Olver Watt Chabot Kirk Shaw Dicks Meek (FL) Udall (CO) Hinojosa Ortiz Waxman Chocola Kline Dingell Meeks (NY) Udall (NM) Shays Holden Owens Weiner Coble Knollenberg Doggett Melancon Van Hollen Sherwood Holt Pallone Wexler Cole (OK) Kuhl (NY) Doyle Michaud Vela´ zquez Shimkus Honda Pascrell Woolsey Conaway LaHood Edwards Millender- Visclosky Shuster Hooley Pastor Wu Crenshaw Latham Emanuel McDonald Wasserman Simmons Cubin LaTourette Engel Miller (NC) Schultz Simpson NOT VOTING—22 Culberson Lewis (CA) Eshoo Miller, George Waters Smith (NJ) Davis (KY) Lewis (KY) Brady (TX) Hayworth Moran (VA) Etheridge Mollohan Watson Smith (TX) Davis, Jo Ann Linder Cardin Hoyer Reynolds Farr Moore (KS) Watt Sodrel Deal (GA) LoBiondo Cummings Kennedy (RI) Shadegg Filner Moore (WI) Waxman Souder DeLay Lucas Davis, Tom Kolbe Stupak Ford Murtha Weiner Stearns Dent Lungren, Daniel Evans Larson (CT) Wolf Frank (MA) Nadler Wexler Sullivan Diaz-Balart, L. E. Feeney Leach Wynn Gonzalez Napolitano Woolsey Sweeney Diaz-Balart, M. Mack Flake McCaul (TX) Gordon Neal (MA) Wu Tancredo Doolittle Manzullo Franks (AZ) McKinney Taylor (NC) Drake Marchant NOT VOTING—23 Terry b 1207 Dreier McCotter Bachus Franks (AZ) Moran (VA) Thomas Duncan McCrery Brady (TX) Hayworth Reynolds Thornberry So the resolution was agreed to. Ehlers McHenry Cardin Hinojosa The result of the vote was announced Shadegg Emerson McHugh Tiahrt Cummings Hoyer Stupak English (PA) McKeon Tiberi as above recorded. Davis, Tom Kennedy (RI) Weldon (PA) Everett McMorris Turner A motion to reconsider was laid on Evans Kolbe Wolf Ferguson Mica Upton Fattah Larson (CT) the table. Wynn Fitzpatrick (PA) Miller (FL) Walden (OR) Flake Leach Foley Miller (MI) Walsh f b 1158 Forbes Miller, Gary Wamp Fortenberry Moran (KS) Weldon (FL) CONDEMNING IN THE STRONGEST Mr. BRADY of Pennsylvania, Ms. Fossella Murphy Weldon (PA) TERMS THE TERRORIST AT- DEGETTE, Mr. HINCHEY, Ms. BALD- Foxx Musgrave Weller TACKS IN DAHAB AND NORTH- WIN and Messrs. THOMPSON of Mis- Frelinghuysen Myrick Westmoreland Gallegly Neugebauer Whitfield ERN SINAI, EGYPT, ON APRIL 24 sissippi, HOLT, and JACKSON of Illi- Garrett (NJ) Ney Wicker AND 26, 2006 nois changed their vote from ‘‘yea’’ to Wilson (NM) Gerlach Northup The SPEAKER pro tempore (Mr. ‘‘nay.’’ Gibbons Norwood Wilson (SC) So the previous question was ordered. Gilchrest Nunes Young (AK) BONNER). The unfinished business is the The result of the vote was announced Gillmor Nussle Young (FL) question of suspending the rules and as above recorded. NOES—192 agreeing to the resolution, H. Res. 795. Stated against: Abercrombie Barrow Bishop (NY) The Clerk read the title of the resolu- Mr. HINOJOSA. Mr. Speaker, on rollcall No. Ackerman Bean Blumenauer tion. 160, had I been present, I would have voted Allen Becerra Boren The SPEAKER pro tempore. The Andrews Berkley Boswell question is on the motion offered by ‘‘nay.’’ Baca Berman Boucher The SPEAKER pro tempore. The Baird Berry Boyd the gentleman from Michigan (Mr. question is on the resolution. Baldwin Bishop (GA) Brady (PA) MCCOTTER) that the House suspend the

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2774 CONGRESSIONAL RECORD — HOUSE May 18, 2006 rules and agree to the resolution, H. Miller (MI) Ramstad Solis The SPEAKER pro tempore. Is there Res. 795, on which the yeas and nays Miller (NC) Rangel Souder objection to the request of the gen- Miller, Gary Regula Spratt are ordered. Miller, George Rehberg Stark tleman from North Carolina? This will be a 5-minute vote. Mollohan Reichert Strickland There was no objection. The vote was taken by electronic de- Moore (KS) Renzi Sullivan f Moore (WI) Reyes Sweeney vice, and there were—yeas 409, nays 0, Moran (KS) Rogers (AL) Tancredo DEPARTMENT OF THE INTERIOR, not voting 23, as follows: Murphy Rogers (KY) Tanner ENVIRONMENT, AND RELATED Murtha Rogers (MI) Tauscher [Roll No. 162] Musgrave Rohrabacher AGENCIES APPROPRIATIONS Taylor (MS) Myrick Ros-Lehtinen YEAS—409 Taylor (NC) ACT, 2007 Nadler Ross Terry Abercrombie Davis (CA) Hulshof Napolitano Rothman The SPEAKER pro tempore. Pursu- Thomas Ackerman Davis (FL) Hunter Neal (MA) Roybal-Allard ant to House Resolution 818 and rule Thompson (CA) Aderholt Davis (IL) Hyde Neugebauer Royce XVIII, the Chair declares the House in Akin Davis (KY) Inglis (SC) Ney Ruppersberger Thompson (MS) Alexander Davis (TN) Inslee Northup Rush Thornberry the Committee of the Whole House on Allen Davis, Jo Ann Israel Norwood Ryan (OH) Tiahrt the State of the Union for the consider- Andrews Deal (GA) Issa Nunes Ryan (WI) Tiberi ation of the bill, H.R. 5386. Baca DeFazio Istook Nussle Ryun (KS) Tierney The Chair designates the gentleman Bachus DeGette Jackson (IL) Oberstar Sabo Towns Baird Delahunt Jackson-Lee Obey Salazar Turner from Ohio (Mr. LATOURETTE) as chair- Baker DeLauro (TX) Olver Sa´ nchez, Linda Udall (CO) man of the Committee of the Whole, Baldwin DeLay Jefferson Ortiz T. Udall (NM) and requests the gentleman from New Barrett (SC) Dent Jenkins Osborne Sanchez, Loretta Upton York (Mr. KUHL) to assume the chair Barrow Diaz-Balart, L. Jindal Otter Sanders Van Hollen Bartlett (MD) Diaz-Balart, M. Johnson (CT) Owens Saxton Vela´ zquez temporarily. Barton (TX) Dicks Johnson (IL) Oxley Schakowsky Visclosky Bass Dingell Johnson, E. B. b 1220 Pallone Schiff Walden (OR) Bean Doggett Johnson, Sam Pascrell Schmidt Walsh IN THE COMMITTEE OF THE WHOLE Beauprez Doolittle Jones (NC) Pastor Schwartz (PA) Wamp Accordingly, the House resolved Becerra Doyle Jones (OH) Paul Schwarz (MI) Berkley Drake Kanjorski Wasserman itself into the Committee of the Whole Payne Scott (GA) Schultz Berry Dreier Kaptur Pearce Scott (VA) House on the State of the Union for the Biggert Duncan Keller Waters Pelosi Sensenbrenner Watson consideration of the bill (H.R. 5386) Bilirakis Edwards Kelly Pence Serrano Watt Bishop (GA) Ehlers Kennedy (MN) Peterson (MN) Sessions making appropriations for the Depart- Waxman Bishop (NY) Emanuel Kildee Peterson (PA) Shaw ment of the Interior, environment, and Weiner Bishop (UT) Emerson Kilpatrick (MI) Petri Shays related agencies for the fiscal year end- Blackburn Engel Kind Weldon (FL) Pitts Sherman ing September 30, 2007, and for other Blumenauer English (PA) King (IA) Platts Shimkus Weldon (PA) Blunt Eshoo King (NY) Poe Shuster Weller purposes, with Mr. KUHL (Acting Chair- Boehlert Etheridge Kingston Pombo Simmons Westmoreland man) in the chair. Boehner Everett Kirk Pomeroy Simpson Wexler The Clerk read the title of the bill. Bonilla Farr Kline Porter Skelton Whitfield The Acting CHAIRMAN. Pursuant to Bonner Fattah Knollenberg Price (GA) Slaughter Wicker Bono Feeney Kucinich Price (NC) Smith (NJ) Wilson (NM) the rule, the bill is considered read the Boozman Ferguson Kuhl (NY) Pryce (OH) Smith (TX) Wilson (SC) first time. Boren Filner LaHood Putnam Smith (WA) Woolsey The gentleman from North Carolina Boswell Fitzpatrick (PA) Langevin Radanovich Snyder Young (AK) (Mr. TAYLOR) and the gentleman from Boucher Foley Lantos Rahall Sodrel Young (FL) Boustany Forbes Larsen (WA) Washington (Mr. DICKS) each will con- Boyd Ford Latham NOT VOTING—23 trol 30 minutes. Bradley (NH) Fortenberry LaTourette Berman Hoyer Shadegg The Chair recognizes the gentleman Brady (PA) Fossella Lee Cardin Kennedy (RI) Sherwood Brady (TX) Foxx Levin from North Carolina. Cummings Kolbe Stearns Brown (OH) Frank (MA) Lewis (CA) Mr. TAYLOR of North Carolina. Mr. Davis, Tom Larson (CT) Stupak Brown (SC) Frelinghuysen Lewis (GA) Evans Leach Wolf Chairman, I yield myself such time as Brown, Corrine Gallegly Lewis (KY) Flake Moran (VA) I may consume. Brown-Waite, Garrett (NJ) Linder Wu Franks (AZ) Pickering Wynn Mr. Chairman, today we bring to the Ginny Gerlach Lipinski Hayworth Reynolds Burgess Gibbons LoBiondo House floor the 2007 budget for the De- Burton (IN) Gilchrest Lofgren, Zoe b 1217 partment of the Interior, environment, Butterfield Gillmor Lowey and related agencies. This bill provides Buyer Gingrey Lucas So (two-thirds of those voting having Calvert Gohmert Lungren, Daniel responded in the affirmative) the rules $25.9 billion, which is $418 million Camp (MI) Gonzalez E. were suspended and the resolution was above the budget request and $145 mil- Campbell (CA) Goode Lynch agreed to. lion below the 2006 enacted level. Cannon Goodlatte Mack It has been a challenging year and Cantor Gordon Maloney The result of the vote was announced Capito Granger Manzullo as above recorded. difficult choices were made to stay Capps Graves Marchant A motion to reconsider was laid on within our allocation for the bill. In Capuano Green (WI) Markey the table. keeping with long-standing tradition, Cardoza Green, Al Marshall this bill has been developed as a bipar- Carnahan Green, Gene Matheson f Carson Grijalva Matsui tisan effort and focuses funding in- Carter Gutierrez McCarthy PERSONAL EXPLANATION creases on the operations of our na- Case Gutknecht McCaul (TX) tional parks and other public lands; In- Castle Hall McCollum (MN) Mr. CARDIN. Mr. Speaker, earlier today, I Chabot Harman McCotter was unavoidably detained and missed three dian programs, including health and Chandler Harris McCrery rollcall votes. education; forest health; and preserva- Chocola Hart McDermott tion of our national cultural treasures. Clay Hastings (FL) McGovern Had I been present, I would have voted Cleaver Hastings (WA) McHenry ‘‘no’’ on rollcall vote No. 160; ‘‘no’’ on rollcall In order to provide these increases, Clyburn Hayes McHugh vote No. 161; and ‘‘yea’’ on rollcall vote No. there are decreases to many grants Coble Hefley McIntyre 162. programs and there are limited new Cole (OK) Hensarling McKeon construction and land acquisition Conaway Herger McKinney f Conyers Herseth McMorris projects. In most cases, these choices Cooper Higgins McNulty GENERAL LEAVE are not a reflection on the effective- Costa Hinchey Meehan Mr. TAYLOR of North Carolina. Mr. ness of the programs being reduced, but Costello Hinojosa Meek (FL) Cramer Hobson Meeks (NY) Speaker, I ask unanimous consent that rather reflect the committee’s belief Crenshaw Hoekstra Melancon all Members may have 5 legislative that mission-essential Federal pro- Crowley Holden Mica days in which to revise and extend grams like the national parks, Na- Cubin Holt Michaud their remarks on H.R. 5386, and that I tional Forest and Native American pro- Cuellar Honda Millender- Culberson Hooley McDonald may include tabular and extraneous grams must be the number one pri- Davis (AL) Hostettler Miller (FL) materials. ority.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2775 While we appreciate input from the the administration’s budget proposal, Rural Fire Program, and the Asia Pa- administration each year, we have is the energy area. In the Bureau of cific Partnership in EPA. made some significant changes to the Land Management, there are signifi- This is a responsible bill that is fo- request, including restoring funds for cant increases that will enable us to cused on protecting Federal lands, In- Johnson O’Malley Education Grants in expedite the permitting of on-shore oil dian programs, environmental pro- the Bureau of Indian Affairs; restoring and gas exploration and development grams, cultural programs, and other funds for the operations of 32 urban In- on Federal lands. In EPA, we were un- programs under the committee’s juris- dian health clinics; restoring funds for able to provide all the requested in- diction. I urge you to support this bill. PILT; restoring funds for Superfund re- creases that were associated with the The Ways and Means Committee has mediation and environmental edu- Energy Policy Act of 2005, but we have recommended that we make a tech- cation, and research in EPA; restoring provided significant increases, includ- funds for forest health and forest road nical change in the appropriations lan- ing $26 million for the National Clean guage for the Leaking Underground maintenance; and restoring funds for Diesel Initiative. National Heritage Areas and for U.S. Storage Tank program in EPA, and we This committee, and this member in Geological Survey mineral assess- will do that in the final conference ments. particular, soundly rejects the admin- agreement. We have provided significant in- istration’s proposal to sell National Mr. Chairman, I include for the creases to support the operations of Forest lands throughout the country, RECORD a table detailing the various our national parks and the Indian and we think this will not be hap- accounts in the bill. I want to thank Health Service, and we fully fund the pening. our staff, and my colleague, Mr. DICKS, National Fire Plan. We have eliminated Stateside Land and his staff for the fine work that One area that deserves particular and Water Grants, the Forest Service they have done in preparing the bill mention, in which we have supported Economic Action Program, the BLM and the cooperation they have shown.

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VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 Insert offset folio 131/6 here EH18my06.006 H2782 CONGRESSIONAL RECORD — HOUSE May 18, 2006 Mr. DICKS. Mr. Chairman, I yield our wildlife refuges has been cut by Mr. Chairman, I hope we can improve myself such time as I may consume. more than 700 FTEs over the past 5 the bill as it moves forward, but this is Mr. Chairman, at the outset, I want years. not a bill in my opinion which ade- to thank Interior Subcommittee Chair- Funding for the Clean Water Revolv- quately addresses our country’s needs. man CHARLES TAYLOR and his staff for ing Fund is cut by another $200 million Mr. Chairman, I reserve the balance the fairness with which the minority below the 2006 level. Over the last 3 of my time. has been treated in the development of years, the Clean Water Program, which Mr. TAYLOR of North Carolina. Mr. this bill. We have been consulted EPA cites as one of its most effective, Chairman, I yield 1 minute to the gen- throughout the process. As a result, has been reduced by $662 million, or tleman from Oklahoma (Mr. COLE). the bill reflects our input in a number nearly 50 percent. This means either Mr. COLE of Oklahoma. Mr. Chair- of places. that essential infrastructure repairs man, I rise in support of H.R. 5386, the From a process point of view, this for this country’s aging water infra- Department of Interior Appropriations bill is a model for how the majority structure won’t occur, or that local bill for fiscal year 2007. and minority should work together to water and sewer rates will increase as Mr. Chairman, I commend the distin- produce legislation. Unfortunately, as communities pick up the Federal share guished chairman, Mr. TAYLOR, and his Chairman TAYLOR and I have discussed of these costs. committee for including funding in the throughout the year, a fair process Other State grant programs broadly Indian Health Service facilities budget cannot produce a good bill when the In- supported in the House are cut below for joint venture projects. I believe the terior Subcommittee is given an inad- the current rate. This includes a $14 Service should take advantage of op- equate allocation. What we were given million cut in PILT, as well as a sig- portunities like the joint venture pro- to work with for 2007 is, once again, in- nificant reduction in State Wildlife gram to leverage tribal dollars with adequate. grants and the North American Wet- Federal dollars. The $25.9 billion allowed by the full lands programs. Stateside Conserva- In my State of Oklahoma, I am Appropriations Committee for Interior tion grants are completely eliminated. pleased to note that the Chickasaw Na- and environment programs is essen- Over the past 5 years, assistance to tion has pledged an unprecedented tially a hard freeze at the FY 2006 en- States for these environmental or con- $135,000 million in tribal funds to de- acted level. This is roughly $800 million servation programs have been reduced sign, construct, and equip a new state- below the level necessary to maintain by more than $750 million. of-the-art medical center to meet the current services for the programs fund- Funding for Federal land acquisition needs of its people, its community, and ed by the Interior Subcommittee. and to help States preserve open spaces neighboring tribes. The result is a bill in which our is cut by $98 million in this bill and by Congress and the Indian Health Serv- parks, refuges and forests are again to more than $400 million since 2001. ice should look favorably upon tribes be squeezed to cover fixed costs. It Funding in this area has been cut by willing and able to make those invest- means funding for clean water and more than 80 percent in the last 4 ments back into their community and clean air programs at the EPA are years. These are not vast stretches of provide the necessary supplemental re- going to be substantially reduced. It new land for the Federal Government sources. means critical new investments re- to manage. Unfunded acquisitions in- With that, Mr. Chairman, I urge the quested by the President in areas like clude smaller parcels in icon parks support of H.R. 5386. homeland security and diesel emissions such as Valley Forge, Grand Teton, and Mr. DICKS. Mr. Chairman, I yield 3 reductions are dramatically reduced or Acadia. These purchases are the high- minutes to the gentlewoman from Cali- est priorities of the Bush administra- in some cases not funded at all. Assist- fornia (Ms. WOOLSEY). ance to our States with their environ- tion and are ready to go in 2007 if we Ms. WOOLSEY. Mr. Chairman, the mental and conservation programs is had funding. majority party believes that if we just I want to express my strong support dramatically reduced. keep drilling for more gas and oil then for the cuts totaling $20 million to the It means the very real problem of our energy crisis will be over. Unfortu- Smithsonian contained in this bill, global warming will not be adequately nately, they are not looking for a solu- which Chairman TAYLOR and I believe addressed. And I assume that when tion to our energy crisis and a solution is the best way for the Interior Sub- consideration of the bill is completed, to our rising gas prices. They are just committee to express our extreme dis- the provision approved by the Appro- looking short term for false security pleasure with recent actions taken by priations Committee acknowledging solutions that ultimately line the the Smithsonian. This situation in- the existence of global climate change pockets of big oil companies. volves the recently negotiated com- Mr. Chairman, that is why we are and the human involvement in that mercial venture with Showtime, the here today discussing offshore oil drill- change will no longer be part of it. I details of which have been kept from ing instead of promoting efficient and will talk about my disappointment Congress by the Smithsonian. over that later. renewable energy policies. The people I won’t go through all the numbers b 1230 that I am fortunate to represent in today, but I think it is important that On a more positive note, and one our Marin and Sonoma Counties north of Members are aware of some of the most constituents who visits D.C. certainly San Francisco, across the Golden Gate troubling recommendations. Despite will appreciate, the bill makes an im- Bridge, do understand. They get it. The facility maintenance backlogs of at portant down payment towards the coast of my district is one of the most least $15 billion in our parks, refuges much needed improvement of the infra- biologically productive regions in the and national forests, funding for con- structure at the National Zoo. This entire world, and it would be threat- struction projects throughout the bill will be a multiyear task to upgrade the ened, threatened by oil and gas explo- are cut by $216 million below last year zoo’s facilities to a level where they ration if this bill passes as is. and more than $400 million below the should be. In a smart move, tackling For this reason, I have introduced a level in 2001. There is no funding at all the most important tasks first, this bill to extend the Gulf of the for new schools on Indian reservations. bill has placed significant emphasis on Farallones and Cordell Bank National Park Service construction is cut by replacing and upgrading the fire pro- Marine Sanctuaries along the entire $100 million. tection and suppression systems. coast of Sonoma to protect it from off- In most cases, this bill has only been As I mentioned earlier, Chairman shore drilling threats. able to fund 70 percent of the increases TAYLOR and I have discussed previously The coastal communities in my dis- mandated by law for Federal pay and the problems with the Interior sub- trict rely on tourism and fishing, in- for other fixed costs. As our recent committee repeatedly being given in- dustries that would be severely hurt if GAO report on the parks made clear, adequate allocations to meet the needs offshore drilling was permitted. If you this inevitably will mean cutbacks in of this country in terms of taking care were to visit this beautiful stretch of staff and cutbacks in visitor services of our Federal lands and protecting the coast you would understand why, and for people who visit our parks, refuges environment. This is not a pretty pic- you would know that we must protect and other Federal facilities. Staffing in ture. it.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2783 Mr. Chairman, the people who live in The risk of a spill to the State of Mr. DICKS. Mr. Chairman, will the my district strongly oppose offshore Florida is devastating, and to be per- gentleman yield? drilling. They understand that we need fectly honest, it is entirely uncertain Mr. DAVIS of Florida. I yield to the an energy policy that focuses on in- to all of us what the risk is. But it is gentleman from Washington. vestments in energy efficiency and re- a risk that we do not want to accept in Mr. DICKS. Mr. Chairman, I also newable energy sources, not on oil rigs Florida, particularly because the quan- want to point out that this restriction, and the endless depletion of our nat- tities are so modest in return as far as which has been in the law since 1981, ural resources. what the Nation needs. was also in the President’s budget. Mr. Chairman, I urge my colleagues Now the language in the bill, which I This was part of the President’s budg- to join me in supporting the Capps- would like to discuss, it is important et. Davis amendment. to point out what it does and what it So we are not only overturning this Mr. TAYLOR of North Carolina. Mr. does not do. It gives the White House congressional restriction, but we are Chairman, I yield 2 minutes to the gen- the authority to issue leases should it also doing it in the face of the Bush ad- tlemen from Florida (Mr. MARIO DIAZ- choose to do so right off the coast of ministration’s budget. Mr. DAVIS of Florida. Mr. Chairman, BALART). Florida. reclaiming my time. I do not think (Mr. MARIO DIAZ-BALART of Flor- The language says, it is only for nat- anybody on the floor of this Congress is ida asked and was given permission to ural gas. But if you look at the record, going to accuse the President of being revise and extend his remarks.) including the President’s own leader in Mr. MARIO DIAZ-BALART of Flor- bashful about drilling. He does not sup- the Department of Interior, he says port this drilling right off the coast of ida. Mr. Chairman, first I want to when you go to drill you get what you thank the chairman for the incredible Florida. get. If you make an investment as a Mr. TAYLOR of North Carolina. Mr. job that he has done on this bill. It is company to drill for gas and you get one of the toughest pieces of legisla- Chairman, I yield 2 minutes to the gen- oil, you are going to take oil. So this is tion that comes before us every year, tlewoman from Florida (Ms. ROS- about having an oil spill as well as gas. LEHTINEN). and he has done an incredible job. His Secondly, there has been a represen- staff is always willing to listen to all of Ms. ROS-LEHTINEN. I thank Chair- tation made that this drilling off the man TAYLOR as well as his excellent us and put up with all of us, I thank coast of Florida and other parts of the them as well, and they know who I am staff for allowing all of the Members to United States is going to lower the referring to. participate in the drafting of this price at the pump. With respect to But I do need to say, Mr. Chairman, amendment and a debate on this that there was an amendment put on Florida, nothing can be further from amendment. during this process that I think would the truth. The representation is made Mr. Chairman, there is one provision have, could have a devastating effect that if we convert massive amounts of that is very harmful to my home State of Florida. Along with my Florida on the State of Florida, and that it our cars and trucks to natural gas, Members, we will be fighting the Peter- would potentially allow for the drilling then this provision will lower the price son language that is attached to this of natural gas, potentially up to just 3 at the pump. bill which will allow offshore drilling miles off the coast of Florida. The price at the pump is the problem And I do not need to remind every- with the price of oil. This provision is just 3 miles off our Nation’s coastlines. The Peterson language would over- body how important tourism is for the not going to help deal with the Na- turn a 25-year bipartisan moratorium economy of Florida, $57 billion to the tion’s needs as far as oil. It could on such drilling. It is bad for the envi- economy. We depend on that environ- produce enough oil to generate a spill ronment, it is bad for national secu- ment being pristine. There is a con- off the coast of Florida, but it is not going to lower the price at the pump. rity, and it is not the answer to our sensus in Florida, among the people in pressing energy needs. Florida and just about all of the elect- Let me finally just say, reasonable people can disagree on where this line Three miles. That is the distance in ed officials of Florida, that this could which drilling structures could appear be devastating for the State of Florida. should be drawn. But the way to do that is through hearings around the off of Florida’s shoreline. These struc- There will be an amendment by Mr. tures could blight the coast, damage PUTNAM and others to try to remedy country, in the State of Florida. We want to be part of the solution in sensitive habitat, undermine our that. I will support that. I want to State’s economic future. Last year thank the chairman and staff again for terms of meeting the Nation’s energy needs. alone, 85 million people visited Florida, always listening to us, and we hope many to experience the national beau- that this great bill could be improved Mr. Chairman, I do not question for a minute the motives behind the sponsor ty of our sandy beaches and marine by taking out that part that can be habitats. of this bill, but there is a right way and very devastating to Florida. Offshore drilling would introduce Mr. DICKS. Mr. Chairman, I yield 4 a wrong way to have this debate. The toxins and pollutants into the ocean minutes to the gentlemen from Florida right way is to have an open and hon- environment. The Florida delegation (Mr. DAVIS). est discussion in the committee, will unite to promote the Putnam Mr. DAVIS of Florida. Mr. Chairman, around the country. Come to Florida. amendment later today to strip the Pe- I would like to further elaborate on the Our beaches are not just a State treas- terson language from the bill. drilling issue that has been discussed ure, they are a national treasure. Mr. Chairman, I am so proud to rep- by the last two speakers, Democrat and But the wrong way to do it is this resent the national treasures of the Republican. last one, to change a balance that has Florida Keys. The Florida Keys Na- Mr. Chairman, since 1981, this Con- existed since 1981 is to have a very tional Marine Sanctuary is home to gress has included language in this In- short debate and to simply erase what thousands of plants and animal species terior spending bill that says that we Congress has had in place for decades as well as the world’s third largest liv- draw a line as far as the extent to through other energy crises and sub- ing coral reef system. Drilling would which we are willing to risk oil spills ject the State of Florida and other threaten the health of this national off the coast of Florida and off the parts of the country to the possibility marine sanctuary and undermine our coast of the United States in return for of an oil spill that could be enormously efforts to foster and restore sensitive drilling. It has been a matter of bal- devastating, not just to our environ- areas. ance. ment, not just to our economy, but to Mr. Chairman, I encourage my col- This bill today contains a provision our way of life. leagues’ help in making sure that we that repeals this language, that has Mr. Chairman, I hope that the Mem- can protect Florida’s coastline and our been there since 1981 and, as was men- bers of Congress will choose to take a Nation’s ecosystem by adopting the tioned earlier, will allow the possi- responsible approach to this very im- Putnam amendment and rejecting the bility of leases for oil or gas as close as portant issue. This is not just about Peterson language. 3 miles off the east coast of Florida and Florida. It is about coastlines that are Mr. Chairman, I thank again Chair- 9 miles off the west coast of Florida, pristine in terms of the entire country man TAYLOR for his time and for this my home. as well as the rest of the coastline. opportunity.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2784 CONGRESSIONAL RECORD — HOUSE May 18, 2006 Mr. DICKS. Mr. Chairman, I yield 3 pendent source of energy that we need to speak on this bill, which should be minutes to the gentlemen from Hawaii to have now. one of the highlights of this congres- (Mr. ABERCROMBIE). That is what our request is. Let us sional session, of any congressional (Mr. ABERCROMBIE asked and was have this discussion. Keep the Peterson session, as it touches on things that given permission to revise and extend amendment in the bill so we can begin are near and dear to the hearts of the his remarks.) the discussion and have the hearings people we represent: clean air, vast Mr. ABERCROMBIE. Mr. Chairman, that Mr. DAVIS and others indicated open space, environmental protection, it is clear that the principal issue that they would like to have. I agree with investment in the arts, and the public is going to be before us as we deal with them. I think Members know me for a lands that are so meaningful to people. the overall bill is going to be the lift- long time, I would never try to embar- Mr. Chairman, there are important ing of the moratorium, the congres- rass somebody else or put somebody provisions in this bill that I do support. sional moratorium with respect to else in a position of saying, look, I am I appreciate the subcommittee funding drilling in the Outer Continental Shelf. right and you are wrong and I have the for land acquisition in the Columbia As a supporter of a bill that Mr. PE- only position possible. That is not River Gorge which will help us honor TERSON and I hoped to have heard in what it is about. We need to have this Federal commitments to communities the Resources Committee that will discussion. Let us defeat the Capps- in Oregon and Washington along a deal with the issue in a much broader Putnam amendment so that we can priceless national treasure. But, sadly, scope, I hope I can bring some level of have this discussion. Mr. Chairman, I overall what should be a positive ex- reality here to what this is all about. hope that everybody understands this pression of our values, our hopes, and Mr. Chairman, it is the quite true, as is not a Democratic-Republican issue; opportunities instead is a pattern of has been mentioned by previous speak- this is an American issue about inde- broken promises to our communities. ers who want to see this amendment pendent energy resources for this Na- It does represent a lost opportunity taken out of the overall bill, that 25 tion. and is a symbol of the inability of years ago the question of drilling 3 Mr. TAYLOR of North Carolina. Mr. those of us in Congress this year and miles off of Florida or California or Chairman, I would like to yield 2 min- the administration to match priorities anywhere was an issue, and the reason utes to the gentleman from New Jersey with those of our constituents and, that the moratorium was put in was to (Mr. SAXTON). most importantly, for the future. Mr. SAXTON. First, let me thank the prevent that from happening. But that I appreciate the fact that there is gentleman for yielding. I would like to was 25 years ago, and now the issue is dramatic underfunding through the engage the distinguished chairman in a up for reconsideration, not to drill 3 budget allocation in the Interior Ap- colloquy regarding funding for an im- miles, but whether there is going to be propriations Subcommittee, putting portant conservation project in New any drilling at all and whether it them in the hole from the beginning. I Jersey. should take place and under what cir- appreciate that the funding for land ac- Mr. Chairman, the State of New Jer- quisition has been increased over the cumstances, given what has happened sey has only 3 percent of its real estate over the past 25 years. President’s budget. But there is no rea- in Federal land ownership. It is also son that the billions of dollars set aside b 1245 the most densely populated State in in the trust fund for the land and water The reason the Peterson amendment the country, as everyone knows. From conservation fund for that express pur- is in the overall bill is to give us the national parks to wildlife areas, our in- pose should not be used for those pur- opportunity to start that discussion. vestment in conservation, preserva- poses. There will be no drilling off of Florida tion, wildlife, and recreation pay tre- Without the funding, communities or anyplace else if we pass this bill. It mendous dividends every day. The will lose opportunities to purchase eco- just gives us the opportunity to begin a coastal areas of our Nation are under logically rich lands and waters, pre- discussion as to whether we should re- extreme pressure from development. serving and protecting recreation and The areas surrounding the Edwin B. consider that position and where it conservation and historic values. Forsythe National Wildlife Refuge is should happen. That is what is at issue Remember the commitment that was no exception. It is vital that we assist here, lifting the congressional morato- made on this floor in the year 2000. I our State and local governments in rium. There is still a Presidential mor- appreciate the leadership that Mr. true Federal/State/local partnerships ICKS exhibited with the committee atorium against it; there is still a 5- D to purchase tracts of land like the ones working with Mr. YOUNG and Mr. MIL- year plan that has to be implemented. surrounding the Forsythe refuge LER in the CARA legislation, which We need to consider whether we want boundary, environmentally valuable passed overwhelmingly in the House, to continue with that particular ap- land that can be bought now but most but a deal was brokered to establish proach. likely will be lost permanently for pub- funding levels. It is a point of great So what we are asking for is every lic use in the very near future because embarrassment that that commitment Member here to be able to vote his or of development. that was made to realize the over- her own views on whether we can have I appreciate the challenges that the whelming sense of what needs to hap- a discussion on this issue. Our problem, subcommittee faced in this very dif- pen in this body with CARA is being Mr. Chairman, is, particularly for ficult budget year. However, I am also violated with this legislation today. those of us who are Democrats, that we hopeful that, Mr. Chairman, you will I hope that we will be able to, before are in the grip now of an assault by an recognize the importance of this we finish deliberations and move it environmental Taliban out there that project. We have a responsibility to our through this session, go back and re- has absolute revealed wisdom as to children to ensure that green spaces re- visit it, because that commitment was what is involved with us trying to main, to provide clean air and water, made in good faith. I appreciate the achieve an independent energy source and ample opportunities to enjoy wild- work of the gentleman from Wash- that we can have as an alternative en- life and the great outdoors. ington together with Mr. YOUNG and ergy source right now in our country, Mr. TAYLOR of North Carolina. I Mr. MILLER, Mr. OBEY I see here. We and not be in the grip of people around thank my colleague from New Jersey should not be violating that commit- the world who wish us ill with regard for bringing this important project to ment. to energy. my attention. I will be pleased to con- Mr. Speaker, I do hope that we can All we are asking for is the oppor- sider this funding need, should addi- focus more attention and have a tunity to be able to discuss this issue. tional funds become available in con- healthy discussion on that in the If we defeat the Peterson amendment ference. course of these deliberations. or have it taken out and pass the Mr. DICKS. Mr. Chairman, I yield 3 Mr. TAYLOR of North Carolina. Mr. Capps-Putnam amendment and what- minutes to the distinguished gen- Chairman, I yield 4 minutes to the gen- ever other amendments are associated tleman from Oregon (Mr. tleman from Maryland (Mr. with it, we won’t have the chance to BLUMENAUER). GILCHREST). even begin a discussion about whether Mr. BLUMENAUER. I appreciate the Mr. GILCHREST. I thank the gen- natural gas is an alternative inde- gentleman’s courtesy in permitting me tleman for yielding, and I want to

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2785 thank the chairman of the Appropria- back several hundred years. People DEPARTMENT OF THE INTERIOR, tions Committee for his work and the were tracking the increasing or de- ENVIRONMENT, AND RELATED staff on the hard work they have done creasing glacier ice cap. So there is a AGENCIES APPROPRIATIONS on this bill. Based on the limited allo- very accurate record. We saw some 20 ACT, 2007 cation that they have received, I think years ago that the ice cap really sig- The Committee resumed its sitting. they did a pretty good job. nificantly began to melt and about 20 Mr. TAYLOR of North Carolina. Mr. Mr. Chairman, I want to speak spe- cubic miles of ice was flowing into the Chairman, I yield 2 minutes to the gen- cifically to a provision in the bill that North Atlantic. Today, that has in- tleman from Florida (Mr. YOUNG). I support, and I want to thank Mr. creased to 53 cubic miles of ice cap on Mr. YOUNG of Florida. Mr. Chair- DICKS for putting the provision in the Greenland flowing in the form of water, man, 25 years ago, I stood at this very bill, and I want to thank the chairman melted water, into the North Atlantic. microphone at this very desk and of- for allowing it to stay in the bill. The rate we are going, we are going to fered the amendment that initiated the Basically, the provision I would like lose the Greenland ice cap. When we do first Outer Continental Shelf morato- to speak to is the sense of Congress in lose the Greenland ice cap, sea levels rium dealing with drilling for oil and this bill that deals with the fact that will rise 23 feet around the globe. gas. Over the years, that 25-year pe- this Congress should pay attention to, Mr. DICKS. I want that to be re- riod, working with industry, working work with, and try to understand the peated: 23 feet. I want my colleagues with the Federal Government, working increasing amount of carbon dioxide from Florida who are sitting here on with the State government and work- into the atmosphere, and what does the floor to think about what that ing with the Congress, we have evolved that mean. would mean in Florida, what that a program that has worked. During Carbon dioxide in the atmosphere, would mean in the coast of California, that time we have opened up some of while it represents a tiny fraction of 1 the coast of Washington. the areas for exploration and for drill- percent of the whole atmosphere, is the ing. During that time we have also chief gas that determines the heat bal- Mr. GILCHREST. New York City. bought back some of the leases that ance; it determines the climate. And Boston. were environmentally threatening. there is a scientific consensus that Mr. DICKS. This could be a cata- This amendment that was added in within the last 100 years, especially strophic event. Yet we are not even the appropriations committee, the so- within the last 50 years, human activ- willing to have a sense of the Congress called Peterson amendment, happened ity burning fossil fuel has put huge resolution that says that human activ- without any hearings on the part of the amounts of carbon dioxide in the at- ity may be part of the problem. I mean, subcommittee, no hearings on the part mosphere, thus debilitating or chang- we have got to wake up on this. It is of the appropriations committee, and ing that heat balance that we have time to wake up. now we are trying to do something known for a long time. The former Vice President has been about that, at least give us time to An example: 10,000 years ago, at the out making speeches all over the coun- work with our own House committee end of the Ice Age, it is calculated try. There was a movie which opened that has been working diligently for through analysis that there was 180 last night on this issue. This could be the last 6 to 8 months on trying to parts per million of carbon dioxide in the issue of all time. If we don’t get come up with a proper type of morato- the atmosphere. It took 10,000 years for busy and start realizing we have got a rium. that to go up 100 points. 10,000 years. role and a responsibility to play here, We should not allow this language, Now, in the last 100, but especially in it may be too late. For every one of us the so-called Peterson amendment, to the last 50 years, it has risen 100 points. who either has grandchildren, or may stay in this bill today. We should con- So what the natural environment did have grandchildren, we have got to tinue the work with the House com- in 10,000 years, human activity burning think about this. What legacy are we mittee that is already working on it fossil fuel has done in less than 100 leaving if we don’t face up to this re- and try to maintain the environmental years. ality? protection that is so important to so Now, what does that mean? Does that many areas of the waters in and around The authorizers simply haven’t done the United States of America. mean whoever talked about global it. That is why the chairman, I warming is crying Chicken Little, the As I said, this moratorium has been thought, was very kind to accept this here for 25 years. It has evolved during sky is falling; don’t worry about it, amendment. But now I understand nothing will happen? Or does it mean that time. It has worked extremely they are going to knock it out on a well. I believe that we should be very we need to pursue knowledge? point of order. This is like putting your What it means is, that increase in careful in changes that we might make head in the sand. I want to thank the and we shouldn’t make them wholesale carbon dioxide in less than 100 years gentleman from Maryland, who is one that took the natural process 10,000 without definite thought and consider- of the more enlightened Members of ation. years to produce, this U.S. Congress, this body, for all the facts that he has this government should pay attention brought to this debate today. I hope b 1300 to that issue. And the sense of Congress somehow working together we can res- I yield to the gentleman from Wash- contained in this legislation should re- urrect this at some future point. I ington. main in this legislation. would hope even that maybe the chair- Mr. DICKS. I want to commend the I yield to the gentleman from Wash- man of the Commerce Committee gentleman from Florida who has been a ington. might rethink his opposition to this leader on this issue. We all know the Mr. DICKS. I want to commend the sense of the Congress resolution. sincerity of Congressman PETERSON on gentleman on his statement. This is this issue. It is a very important issue. The CHAIRMAN. The Committee will not an issue that should be partisan in But I want to say, I agree with you. I rise informally. any way. We have had six former EPA think to do it in an appropriations bill, administrators in both parties say that The Speaker pro tempore (Mr. KUHL and especially when it is part of the this is the issue of our time. A former of New York) assumed the chair. President’s budget and the plan, to me Member, former Vice President of the this isn’t the right way to proceed. I United States, Al Gore, has made a na- f realize that there is some history here tional issue out of this. I would like but it is 25 years since this was done the gentleman to repeat what he said MESSAGE FROM THE PRESIDENT and I think this has worked very effec- about Greenland. I thought that was tively. Let’s try to work together to very dramatic. I would appreciate it. I A message in writing from the Presi- maintain this provision. think we have more Members now. If dent of the United States was commu- Mr. YOUNG of Florida. I thank the you would repeat that, I think that nicated to the House by Ms. Wanda gentleman for his thoughts. would be important to the debate. Evans, one of his secretaries. Mr. HINCHEY. Mr. Chairman, I yield Mr. GILCHREST. Greenland is an in- The SPEAKER pro tempore. The 2 minutes to the gentleman from Texas teresting place because you can go Committee will resume its sitting. (Mr. GENE GREEN).

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2786 CONGRESSIONAL RECORD — HOUSE May 18, 2006 Mr. GENE GREEN of Texas. Mr. Third we need more research to transition Mr. FARR. Mr. Chairman, let us be Chairman, I was really going to wait our economy to future sources of energy, for very clear what is going on here. This and discuss this on the Peterson a time when petrochemicals are only used for is an election year. Everybody in this amendment or at least on the Putnam- materials, and not as an everyday fuel. House is up for election. Capps amendment to strike the Peter- Suppprting only long-term solutions and The Governor of California and the son language that is in the bill, but lis- conservation is just not enough. It might be President of the United States, who is tening to all the Members, I thought easier if it was, but we need to do more for the former Governor of Texas, have not maybe we ought to at least have a today’s energy problems. We will need contin- supported the idea that we ought to voice that is on the other side. ued American energy production for some open up oil and gas drilling under the I can’t near entertain as much as my time. guise of just doing gas drilling off the colleague from Hawaii, who I agree If we allow domestic production to die out, coast. Why? Because they represent with on this, and I am not going to call conservation and research will not save us, States and a Nation that knows that environmentalists Taliban, but I know and we will have to pay a terrible economic one of the biggest industries in this Na- we have considered this amendment for price. tion is tourism, and tourism is jobs. I over a year and this issue has been de- I urge my colleagues to support oil and gas can assure you, the people do not go bated on this floor many times, includ- production in the Outer Continental Shelf, and visit the coasts of Florida, the coasts ing the energy bill last year. oppose this amendment. of California to watch oil wells. That is Supply and demand for energy is out Mr. TAYLOR of North Carolina. Mr. not what draws tourism to the coast. It of whack and our Nation needs more Chairman, I yield 2 minutes to the gen- is not what makes those coastlines the energy. The Federal Government tried tleman from Pennsylvania (Mr. SHER- biggest economic engines in the United to mandate demand reduction in the WOOD). States. last energy crisis and it contributed to Mr. SHERWOOD. Mr. Chairman, the This is not about trying to respond to a nationwide recession we do not want Interior and Environmental appropria- the high gas prices. This is a giveaway. to repeat. Opening the Outer Conti- tions bill we have before us today is a The oil companies tell you they are not nental Shelf could save $300 billion in responsible, balanced piece of legisla- interested in offshore drilling because natural gas costs over 20 years for con- tion that very much deserves our sup- there is a lot of expense that goes into sumers and manufacturers. High nat- port. It might not be a perfect bill, but it and it takes years and years. So just ural gas costs are sending manufac- it is the best possible product given the be mindful, what is this? This is a play turing jobs overseas, following the tight budget restraints that we have to the oil companies. cheap gas. Environmentally conscious had trying to control Federal spending. Let me just tell you what the Gov- nations like Norway, Denmark, Can- Chairman TAYLOR and Ranking Mem- ernor of California says, the biggest ada, Japan and the United Kingdom are ber DICKS deserve our respect and grat- gas guzzling State in the Nation, ‘‘The safely and successfully producing nat- itude for drafting a bill which funds a current movement to lift the ban is ural gas from their coastal waters. variety of Federal responsibilities, in- nothing more than a weak attempt to Canada uses natural gas only wells in cluding our national parks, our Federal cater to oil interests in the face of high Lake Erie, but right across the line the forests, abandoned mine reclamation, gasoline prices. I encourage you to U.S. is not allowed to do the same. fish and wildlife resources, EPA, Indian move your focus instead to reducing No nation can produce energy more programs, museums and arts agencies. our consumption of fossil fuels and sup- responsibly than ours. I have been on This is a bipartisan bill, and it is the porting the development of alternative oil and gas rigs and they have such few product of fair and impartial hearings. fuels such as ethanol in order to diver- discharges into the ocean, a medium I think it is fitting that this first ap- sify our energy portfolio.’’ sized fishing boat will leak more in a propriations bill of the season shows Let us be creative about how we di- year. that it is funded at $211 million below versify the energy portfolio. Let us not The Peterson language is a major op- the current fiscal year. We are on a use the dinosaur effect that we are just portunity for us to respond to today’s track here to some fiscal sanity. going to go after oil and gas wherever energy crisis with a national solution. Tough choices had to be made. The it was. These same people will tell you I feel justified in supporting the chairman made the right choices. if there is oil right under this Capitol, amendment because I come from a Also important, it includes a very drill for it. My God, can we not in the coastal district. My constituents feel important amendment offered in full leadership of the United States Con- the same way. Chemical production committee by Mr. PETERSON which gress respect the fact that it is just not and oil and gas exploration, processing modifies the current congressional about oil and gas, it is about a lot of and refining are Texas’ top coastal in- moratorium to allow for safe and effi- other values in this country? dustries. cient production of natural gas along The provision in the bill is a bad one, My colleagues from California and our Outer Continental Shelf. This is a and I strongly support the amendment Florida think only they have beaches. rational step to take in a time when we to take it out. We have coastal tourism and it is our need to be increasing domestic produc- STATE CAPITOL, second biggest income producer. That tion to meet our Nation’s energy needs. Sacramento, CA, May 10, 2006. fact alone shows that the argument Any effort to take this out would be CALIFORNIA CONGRESSIONAL DELEGATION, House of Representatives, that oil and gas production and coastal the wrong thing to do right now. This Washington, DC. tourism is mutually exclusive is just is in this bill because that is where the DEAR CALIFORNIA CONGRESSIONAL DELEGA- plain wrong. rule is. TION: I strongly oppose any efforts to end or I would close by saying if you’re act- I believe that this bill provides the weaken the federal moratorium on oil and ing like Chicken Little and cannot environmental, energy, resource, cul- gas leasing off the coast of California and I point to one beach in Texas that has tural and recreational needs of our Na- will fight any effort to expand offshore drill- been ruined by oil and natural gas, tion while still playing a significant ing as long as I am Governor. This current role in controlling Federal spending. movement to lift the ban is nothing more then you should oppose the Putnam, than a weak attempt to cater to oil interests Capps, et al. amendment. Again, I commend the chairman and in the face of high gasoline prices. I encour- There will be less need for LNG facilities Mr. DICKS for their hard work in bring- age you to move your focus instead to reduc- and LNG tankers when we tap our own off- ing this bill to the floor, and I urge my ing our consumption of fossil fuels and sup- shore resources so we can use the safest colleagues to support the bill and to porting development of alternative fuels mode of transportation in the world—pipelines. support the Peterson amendment. such as ethanol in order to diversify our en- To address the needs of American families, Mr. HINCHEY. Mr. Chairman, I yield ergy portfolio. we need a 3 pronged strategy. First, we need 2 minutes to the gentleman from Cali- The moratorium has been in place for twenty-five years and enjoys widespread sup- fornia (Mr. FARR), my friend and col- more production and infrastructure to meet our port from the people of California, including needs of today and tomorrow. league. bipartisan support from elected leaders. It Second, we need more conservation to (Mr. FARR asked and was given per- has been widely recognized by an over- keep our economy going as resources be- mission to revise and extend his re- whelming majority of Californians that come more competitive globally. marks.) there are better ways to address our energy

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2787 needs without populating our waters with oil ting up natural gas wells visibly 3 the Grand Canyon, on the rim? How platforms and adding additional scars to our miles from the shore would have a crip- about at the foot of Old Faithful? beautiful coastline. pling effect on these coastal commu- The Florida beaches are really tre- The actions taken today by the House Ap- propriations Committee is extremely dis- nities and the residents whose liveli- mendously important. When you start appointing. As a result, the federal FY07 In- hoods they support. to think about how far that this bill, as terior Appropriations bill that you will be Additionally, opening up our most it is presently written, would bring asked to vote on as early as next week ends sensitive coastlines to offshore natural these oil wells and gas wells into prox- the twenty-five year bipartisan Congres- gas drilling within these 3 miles could imity to our beaches, we are talking sional moratorium and the protection it adversely impact the coastal waters, about 3 miles. The line of sight is over guarantees California’s coast. Moreover, the the fisheries and the marine eco- 7 miles. bill’s provisions would allow drilling to begin systems. This bill just goes way too far in just three miles from our coast. Rather than If the Putnam-Capps amendment is really imposing mass destruction on watching the sun set on the western horizon each day, millions of Californians and visi- not adopted, States would be shut out our beaches and on our tourism. Flor- tors will now see grotesque oil platforms in from offshore oil drilling decisions. ida beaches are really the most impor- plain sight. I urge the Delegation to oppose Coastal Governors and the State legis- tant thing that we have for our econ- these provisions and work to defeat them latures would be denied a meaningful omy. It is the lifeblood of our economy, during the House debate. California’s beau- role in decisions about where and when and the very thought that with the tre- tiful coastline is an integral part of our cul- drilling might occur. They would be si- mendous opposition that Florida has to ture, our heritage and our economy. Putting lent, yet subject to a Federal mandate. this particular amendment that this it at risk would be an absolute travesty. The price of gasoline has risen dramati- Finally, the Secretary of Defense has body would do anything except strike cally in California, but reducing our use of indicated that areas east of the mili- it. fossil fuels and diversifying our energy sup- tary mission line are vital to military I urge all my colleagues, Democrats ply would have a much greater and more di- operations and training. Specifically, and Republicans, this is a bad provi- rect impact on prices than drilling off shore. Secretary Rumsfeld has indicated that sion. ADAM PUTNAM is going to be put- California has gone to great lengths to do language akin to what is currently in ting an amendment in this evening just this. We have dedicated $6.5 million to this bill would be incompatible with that would strip it out of this par- the Hydrogen Highway initiative to build hy- military operations and that it could ticular bill, and I think as Mr. YOUNG drogen fueling stations and expand research for cleaner, reliable fuels; we have imple- be crucial to our Nation’s security. said earlier, that if we are going to be mented new car standards that will reduce For these reasons, I urge my col- doing this, you need discussion and you emissions by thirty percent in the next ten leagues to support the bipartisan Put- need to talk about it. years, cutting ozone-forming pollutions by nam-Capps amendment. It was said that we have talked about five tons per day by 2020; we have invested Mr. HINCHEY. Mr. Chairman, I yield it. I cannot remember one time that we $165 million to get gross polluters off of Cali- 1 minute to the gentleman from Ohio have ever talked about bringing them fornia’s streets; and finally, we have created (Mr. KUCINICH). within 3 miles of the coastal State of incentives to reduce gasoline consumption Mr. KUCINICH. Mr. Chairman, I Florida. by making more people eligible to receive thank the gentleman. I urge all my colleagues to vote with $1,000 when they turn in gross-polluting, in- It is sad that as we stand on the cusp efficient vehicles. California leads the nation the Florida delegation. Kill this on these initiatives. of the most profound change in our en- amendment to the appropriations bill Ending or weakening the current morato- vironment the civilized world has ever that was put in inside the committee rium on offshore oil and gas leasing will not seen, the actions of a few in Congress and support the Putnam amendment result in reduced prices for consumers nor is can stop desperately overdue action. that would strip it out. it the foundation for a sustainable energy The science is clear. This is not a Mr. HINCHEY. Mr. Chairman, I yield policy. I urge your support for renewing the problem of the future. It is happening myself 31⁄2 minutes. OCS moratorium and your continued support now. The United Nations has declared for California’s economy and coastal envi- Mr. Chairman, we have had a lot of ronment. that at least 5 million cases of illness discussion about the amendment that Sincerely, and more than 150,000 deaths every has been put forward by the gentleman ARNOLD SHWARZENEGGER, year are attributed to global warming. from Pennsylvania (Mr. PETERSON). Governor. The 2003 European heat wave killed There are some technical problems Mr. TAYLOR of North Carolina. Mr. over 20,000 people. The 10 hottest years with this amendment that I think have Chairman, I yield 2 minutes to the gen- on record have occurred in the last 15 not been adequately addressed in the tlewoman from Florida (Ms. HARRIS). years. Two consecutive record-break- context of this debate thus far. (Ms. HARRIS asked and was given ing hurricane seasons. The problem b 1315 permission to revise and extend her re- will not fix itself. marks.) And yet we will not allow a provision One of those technical amendments Ms. HARRIS. Mr. Chairman, later in this bill that has no timeline, no has to do with the fact that the experts today, we will debate a natural gas ex- specific targets and no commitment. on this issue, both within Interior and ploration provision in this bill over The committee inserted text that Energy, believe that it may not be pos- which I have grave concerns. Thus, Mr. merely expressed the sense that we sible to give leases for the extraction of Chairman, I rise in support of the bi- should take action on global warming, natural gas alone. All the leases that partisan Putnam-Capps amendment. but the Rules Committee chose to we have currently are for natural gas We are all acutely aware of the finan- leave it open to challenge by anyone, and oil. And the reason for that is, if cial strain that higher gas prices place and I understand that challenge will be you drill for natural gas, the likelihood on average Americans. We imperil our coming on a technicality. So we cannot is that you are going to hit oil. And if national and economic security if we even say we should be doing something you hit oil, and you are not capable or do not identify alternative energy about this. prepared to deal with that, then you sources to meet our Nation’s ever in- Just how bad does it have to get? are going to encounter some very seri- creasing demand for energy. Mr. TAYLOR of North Carolina. Mr. ous problems. The answer, however, is not in this Chairman, I yield 2 minutes to the gen- So the amendment that Mr. PETER- provision. It will end the 25-year bipar- tleman from Florida (Mr. SHAW). SON is going to bring before the House tisan Outer Continental Shelf, OCS, Mr. SHAW. Mr. Chairman, I rise in sometime later this afternoon or this moratorium that Chairman YOUNG strong support of the Putnam amend- evening has within it this very serious spoke earlier about and, thus, allow ment that will be given later here this technical problem, and for that reason construction of these gas wells as close evening. alone it ought to be rejected. as 3 miles from every coastal State. We have heard a lot today about The gentleman from Florida, the From an economic perspective, this drilling off the coast of Florida. Let me former chairman of the Appropriations provision will jeopardize coastal econo- make a parallel here and something Committee, was up here just a few min- mies that rely on healthy tourism in- every Member should think about. utes ago talking about the serious dustries for continued prosperity. Set- Would we allow oil rigs on the edge of damage that this amendment, if it is

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2788 CONGRESSIONAL RECORD — HOUSE May 18, 2006 passed and put into action, might have for his work, as well as for Norm Dicks such as missile flights, low-flying on the tourist industry in Florida and of Washington. This is a fabulous bill, drone aircraft, and weapons testing and on the general situation of the coastal in my view. It is the first step in the training.’’ region in Florida and California and in passage of 11 of our bills between now Now, let me show you where that parts of the gulf. and the 4th of July break, all of them military mission line is. The under- So when you are thinking about this off the House floor. lying language in this bill would open particular amendment, keep in mind This bill reflects exactly the ap- the door to drilling in the entire Joint that if you think you are going to drill proach and style we are attempting to Gulf Range and is completely incom- just for natural gas, the likelihood is if take within our committee this year patible with the military mission of you hit natural gas you are going to and in the years ahead. The total our Air Force and our Navy. We cannot hit oil too. And if you are not prepared spending on this bill provides $19.5 bil- allow this area to be impacted. for it, you are going to have some very lion in total discretionary spending. Mr. TAYLOR of North Carolina. Mr. serious problems. We ought to address That is a $145 million decrease from the Chairman, I yield 2 minutes to the gen- this issue, but address it in a much previous year. tleman from Pennsylvania (Mr. SHER- more comprehensive way. The chairman and the ranking mem- WOOD). As has been pointed out, again by the ber are attempting to help us balance Mr. SHERWOOD. Mr. Chairman, I gentleman from Florida on the other the importance of preserving our re- wish to engage in a little colloquy with side of the aisle just a few minutes ago, sources, our environment, and, indeed, you. we have not had adequate hearings on our country as we move towards en- As you know, the administration pro- this. This is an issue that has not gone ergy independence. And one of the posed $49.5 million for the National through the appropriate authorizing pieces of preserving our independence Clean Diesel Initiative, which was au- committee. We are attempting to inap- is to make certain that our appropria- thorized at $200 million in the Energy propriately put it into the context of tions process is spending less money, Policy Act. We were only able to fund this appropriations bill, and for that not more money, in the years ahead. that at $26 million. I am concerned the reason also that amendment ought to Mr. TAYLOR of North Carolina. Mr. demand will far exceed the amount the be rejected. Chairman, I yield 2 minutes to the gen- committee was able to provide. tleman from Florida (Mr. MILLER). Furthermore, we need to be con- For example, Pennsylvania’s 13 Mr. MILLER of Florida. I thank the serving our natural resources, particu- school districts have filed applications chairman for yielding me time. Oppo- larly our energy resources. Anything with EPA for funding to retrofit diesel nents of the Putnam-Capps amendment that you find anyplace in the world on engines, and we are going to have a lot say that the underlying language does energy resources, natural gas and oil, more of this. these materials are fungible. They go nothing to hurt the readiness of our I would like to yield to my friend out anywhere. If we are smart about military here in the United States, and from New York (Mr. KUHL). our natural resources, we ought to be I can say that that is 100 percent Mr. KUHL of New York. Mr. Chair- doing everything we can to conserve wrong. man, I want to compliment my col- them, keep them where they are be- This map is the eastern Gulf of Mex- league from Pennsylvania (Mr. SHER- cause the value of those natural re- ico off the State of Florida. This is a WOOD) on his efforts on this particular sources is going to dramatically in- joint test range that extends from the important matter. And while he ad- crease over time. If we exploit them panhandle of Florida all the way to dresses the issues dealing particularly now, extract them now, exhaust them Key West. Let me tell you, the Air with his district in Pennsylvania, now, we are going to be very sorry for Force uses this for live fire. Live fire. which I think is laudable, we should it later on. And the Navy uses the gulf ranges to In addition to that, we have another predeploy certification and to fire know that actually diesel engines play circumstance with regard to this Tomahawk cruise missiles from sub- a very important role in our Nation’s amendment and the ideas behind it, marines. economy. They are, however, respon- and that has to do with the fact that Now, I want to read you a list, if I sible for a substantial portion of par- we are not now receiving adequate roy- can, which is just a sampling of some ticulate matter emissions and there alties from the natural resources, par- of the future and current missions con- are 11 million vehicles that need to be ticularly petroleum and natural gas, ducted in the eastern Gulf of Mexico: retrofitted, nearly 500,000 of which are that are being extracted by oil compa- the F–35 Joint Strike Fighter initial school buses, which my colleague has nies from public lands, whether those training and live fire; the F–22 pilot up- addressed. public lands are dry or under water. grade training, including the AMRAAM So I compliment again my colleague, And there will be an amendment com- live fire; Tomahawk cruise missiles Mr. SHERWOOD, for approaching this ing up later this evening, in all likeli- launched from submerged vessels; test- problem, and certainly I compliment hood towards the end of this bill, which ing of Small Diameter Bomb program the chairman for what he has been able will deal with the need to get those against man-made targets in the Gulf to do. Hopefully, he will be able to sup- royalties. of Mexico; F–16 weapons system testing plement what has been appropriated in So for those reasons I think that this and evaluation; air dominance muni- this bill by substantial increases in the amendment ought to be rejected. tions; unmanned combat air vehicles; appropriation. Mr. Chairman, may I inquire as to directed energy weapons and classified Mr. TAYLOR of North Carolina. Mr. how much time we have. programs. SHERWOOD, I agree that the demand for The CHAIRMAN. The gentleman’s Now, the former commander of the funding for retrofitting diesel vehicles time has expired. Air Armament Center, Major General has exceeded the funding made avail- Mr. HINCHEY. The entire time for Robert W. Chedister, said last August: able to date. However, it is important the bill? ‘‘Clearly, structures associated with oil to note that in fiscal year 2006, funding The CHAIRMAN. The entire time for and gas production are totally incom- for programs under the National Clean general debate has expired. The gen- patible with, and would have a signifi- Diesel Initiative was less than $12 mil- tleman from North Carolina remains cant impact on, the mission activity in lion, and the $26 million recommended the only person with time, and he has the eastern Gulf of Mexico.’’ by the committee for fiscal 2007 rep- 91⁄2 minutes. The Secretary of Defense, Donald resents an increase in funding of nearly Mr. TAYLOR of North Carolina. Mr. Rumsfeld recently wrote: ‘‘Areas east 120 percent. Chairman, I yield 1 minute to the ap- of 86/41, which is the military mission I have been personally involved in propriations chairman, the gentleman line, commonly known as the mission programs to promote the use of diesel from California (Mr. LEWIS). line, are critical to DOD.’’ He went on retrofits back in my district, and I be- Mr. LEWIS of California. Mr. Chair- to say: ‘‘In these areas east of the mili- lieve the generous amount provided by man, I very much appreciate my chair- tary mission line, drilling structures the committee will make significant man yielding me this time, and I want and associated development would be strides in addressing the clean diesel to express my deep appreciation to him incompatible with military activities, program’s objectives. Having said that,

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2789 I would be happy to work with my col- today. I am not promoting oil, but the district, the Confederated Tribes of the Colville leagues to see if we might be able to in- last major oil spill was Santa Barbara Reservation, has for the last several months crease the funding for this program in 1969. How long do they have to do it been experiencing an epidemic of crossborder should additional funds be made avail- right? There has never been a gas well drug smuggling activity from Canada onto its able when we go to conference with the that has polluted a beach and made it reservation. I mention this, Mr. Chairman, be- Senate. a place we wouldn’t want to be. cause since 1990 Congress has funded a very Mr. Chairman, I yield 31⁄2 minutes to I have spent dozens of vacations on important program that as of late has had a di- the gentleman from Pennsylvania (Mr. Florida beaches. I just spent a week at rect impact in fighting this smuggling activity, PETERSON). Duck. Do you think I don’t appreciate and I am hopeful that the Congress can again Mr. PETERSON of Pennsylvania. I the value of that, folks? But I also restore the funds in this bill. thank the chairman. We are beginning want my kids and my grandchildren to This program, identified as Lake Roosevelt the most important debate this coun- have a job and to have economies, and Management/Enforcement funds in the Bureau try has had on energy in a long time, polymers, plastics, petrochemicals, of Indian Affairs budget, enables both the and I am glad to see we have finally bricks, and all of the industries, steel Colville Tribe and the Spokane Tribe to em- moved forward. and aluminum, which use huge ploy law enforcement officers to patrol Lake My good friend, BILL YOUNG, 25 years amounts of natural gas. Roosevelt and its shoreline to enforce Federal ago started the moratorium. Back The President of U.S. Steel told me laws and tribal health and safety laws. Lake then, the cost of natural gas was a dol- his cost went up $600 million; and if we Roosevelt is the 151-mile reservoir of the lar something a thousand. Oil was less don’t get gas below $8 consistently, he Grand Coulee Dam, the largest hydroelectric than $10. It didn’t matter that we cannot compete in America. Every power plant in the United States and the third locked up our resources. Last year, the glass company will be in South Amer- largest in the world. A portion of the dam lies average price of natural gas was $9.50. ica where gas is $1.87, and every brick within the boundaries of the Colville Reserva- At times it was 14 and 15, and the rest company. We won’t even make bricks tion. of the world was a fraction of that. We in America. We will bring them in from Currently, the Colville Tribe’s law enforce- are putting our industries and busi- South America. The petrochemical ment officials are under increasing strain due nesses out of business in this country. business has 120 plants being built, to crossborder smuggling activity that is on the We have witnessed today serious fear with one in America. The rest will rise. In recent months, numerous sightings of from coastline people, and I respect move jobs out of this country when unmarked fixed-winged aircraft capable of that. This is not ‘‘us against you.’’ This they are completed, folks. landing on water have been reported on the is about America. Fear is only in our We don’t have a lot of time. We need lakes and waterways within and near the hearts when we don’t have the facts, to provide affordable energy. Colville Reservation. and I feel convinced in my heart that Mr. TAYLOR of North Carolina. Mr. Most significantly, on March 15 of this year, when we have the facts, and we debate Chairman, I yield 1 minute to the gen- Colville tribal law enforcement officers funded this issue, we will do the right thing tleman from Colorado (Mr. BEAUPREZ). with the Lake Roosevelt Management/Enforce- and we will figure out how to produce Mr. BEAUPREZ. Mr. Chairman, I ment funds seized an unmarked float plane natural gas off our shorelines at the want to rise to express my strong oppo- from Canada that was attempting to smuggle right distance so that we have wonder- sition to language in the bill that ear- illegal drugs into the United States through the ful tourism, we have affordable energy, marks $13 million in funding to con- Colville Reservation. After being alerted to the our people can stay in their homes in tinue operations at an existing U.S. plane and after a long chase, the tribe’s offi- the north and keep warm, and our busi- Geological Survey mapping facility in cers captured and detained the pilot and nesses can stay in this country and Rolla, Missouri. This facility is handed over to Federal law enforcement au- prosper and build our economy. planned to be closed based on a careful thorities an estimated $2 million in illegal Now, this bill, if it passes, only re- and thorough analysis of the 21st-cen- drugs that had been dropped by the plane on moves the legislative moratorium. The tury role of the USGS mapping. The the bank of Columbia River near the Grand Presidential moratorium still remains. amendment also prohibits the planned Coulee Dam. Last month the U.S. Border Pa- I could not remove that because that is consolidation of the mapping functions trol honored the Colville Tribal officers that legislating on an appropriations bill. at the USGS, which is estimated to participated in this seizure. We still have the 5-year plan, which is save the American taxpayers millions In addition to this incident, other incidents a 2- or 3-year process that we all react of dollars. involving float planes from Canada smuggling to before any drilling is done any- drugs through the lakes and waterways on the 1330 where. We have to change language b Colville Reservation have also resulted in ar- that we can have gas-only leases. You Two formal investigations, including rests in recent months and have also involved all know that I have a bill that gives 20 one by the Department of the Interior’s the Colville Tribe’s law enforcement personnel. miles of shoreline protection and gives Inspector General, have assessed the I understand from the Colville Tribe that its law the States control over that and only process used to select the consolidated enforcement personnel register two to three allows for natural gas production. site and have supported the decision. reports of float plane sightings per week and Folks, States like Florida, that use I would like to yield back to the that the tribe’s police department has reason 235 times more gas than they produce, chairman and engage him in a colloquy to believe that up to 25 aircraft may be in- could be self-sufficient and could bring and suggest to him that we have an ob- volved in cross-border drug smuggling activi- in a lot of money to the State of Flor- ligation here in Congress to be prudent ties using the lakes and waters on the Colville ida. California likewise, huge energy stewards of the taxes that our constitu- Reservation. users, could bring in huge amounts of ents back home pay and give them The apparent ease with which these small money and could produce natural gas value for the dollars with improved planes fly back and forth across the northern only. service. border is truly cause for alarm. In commenting And those who say we can’t produce I believe this earmark fails both on these recent smuggling incidents, the U.S. natural gas only just don’t understand standards of accountability, and I Attorney for the Eastern District of Washington how you drill. I grew up in this. I have would ask and hope that the chairman was recently quoted by a northwest news- never been in the oil business, but I can correct that error in conference. paper as saying that ‘‘a person that will smug- grew up around it. You drill through Mr. TAYLOR of North Carolina. I say gle drugs, guns, meth, Ecstasy and cash will the layers of the surface. You drill to my friend and colleague that I share also be the kind of person who would smuggle through oil sands, coal sands, and gas his concern and will work with him in a special-interest alien or a terrorist.’’ As dis- sands; and you put a steel casing down, the conference to do what we can. turbing as this prospect is, I believe that it is you cement the top and the bottom, Mr. BEAUPREZ. I thank the chair- equally important for all of our law enforce- and you go back and open that casing man. ment agencies on the northern border to have up where you want to produce. It Miss McMORRIS. Mr. Chairman, the north- the resources available to combat these incur- doesn’t all just come gushing out. ern portion of my district in Washington State sions, including the Colville Tribe. We have been drilling for oil for hun- is contiguous with the United States border Congress has in past years funded this pro- dreds of years. It is a sound science with Canada. One of the Indian tribes in my gram at the $630,000 level and our colleagues

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 D:\FIX-CR\H18MY6.REC H18MY6 H2790 CONGRESSIONAL RECORD — HOUSE May 18, 2006 should know that both the Colville Tribe and version that deserves to be supported and en- than 30 years. This funding level is more than the Spokane Tribe contribute significant funds acted into law. $80 million below last year’s funding level. of their own and secure matching funds from Mr. FORTENBERRY. Mr. Chairman, I am LWCF’s State and local matching grant pro- various sources to keep these patrols running. pleased to express my support for H.R. 5386, gram that helps States acquire open space Given the critical importance of this program the fiscal year 2007 Interior-Environment ap- and recreational land has been completely to both border security and homeland security, propriations bill and I urge my colleagues to eliminated in this bill. and given the relatively modest request, I very vote for it. My good friend and colleague, Representa- much hope the chairman can support this re- I would like to begin by commending the tive JIM MCGOVERN, the gentleman from Mas- quest in conference, with an eye toward inclu- distinguished gentleman from North Carolina sachusetts, and I have worked together to try sion in the conference report. (Mr. TAYLOR), the chairman of the Interior Ap- to restore ‘‘State side’’ funding for LWCF. I Mr. UDALL of Colorado. Mr. Chairman, I re- propriations Subcommittee, and the distin- was pleased that over 150 of my colleagues gret that I cannot vote for this appropriations guished gentleman from Washington (Mr. joined a letter that Representative MCGOVERN, bill. DICKS), the ranking member of the sub- Representative PETER KING and I sent to the Colorado has a special stake in the bill be- committee, for their outstanding work in bring- Interior Appropriations Subcommittee to re- cause it provides funds for Federal agencies ing this bill to the Floor. store state side LWCF funding. Mr. MCGOV- that are particularly important for our State, in- I recognize that extremely tight budgetary ERN, Mr. KING and I all represent densely pop- cluding most of the Interior Department, the constraints this year made the job of the sub- ulated States that are combating overdevelop- Forest Service, and the Environmental Protec- committee much more difficult. Therefore, I ment, and programs like the matching grant tion Agency. believe the subcommittee should be com- program help our local communities establish And of course the bill is important for the mended for its diligence in creating this fiscally the recreational and open space areas that entire country, because it provides much of responsible measure. are so vitally important to our children’s health, In light of these fiscal constraints, I am very the funding necessary for the Federal Govern- appreciation for the environment and commu- pleased that the bill includes $1 million for a ment to meet its responsibilities regarding pro- nity development. In the past 40 years, rough- sanitary sewer crossing between Nebraska tection of the environment and the conserva- ly 40,000 grants to States and local govern- and Iowa. This new crossing is a very imme- tion of our natural, historic, and cultural re- ments have been funded through the LWCF diate need for the community of South Sioux sources. State side program. City, NE. The existing crossing is more than If the bill dealt adequately with those mat- According to the National Park Service 40 years old and 3 years ago, the pipe car- ters, I would gladly support it. Unfortunately, ‘‘Today, there is clear evidence that the grant rying sewage between South Sioux City to the however, it falls so far short of the mark that program has been successful in encouraging treatment plant in Sioux City, IA, broke. For I do not think it should be approved. States to take greater responsibility for the several weeks, about 1.6 million gallons of raw Responsibility for the bill’s shortcomings lies protection and development of recreation re- sewage each day was dumped into the Mis- with the Republican leadership and the mis- sources at every level.’’ Now is not the time to souri River. The pipe was eventually replaced, guided budget resolution that they forced cut funding for conservation programs that but the incident highlighted the need for a sec- through the House in the very early hours of help our local communities. ond crossing. The new crossing that is pro- this morning. Their budget plan provides $9.4 Protecting open space is not an abstract en- posed, to be located south of the city, would billion less for domestic programs than the vironmental matter—it is a quality of life issue. provide a more direct link to the regional treat- amount necessary just to maintain current I urge my colleagues to vote against this rule ment plant in Sioux City. service levels. Since the original sewer pipe was installed and the underlying bill and demand real atten- That is why the funds available for this bill in the early 1960s, South Sioux City’s popu- tion to our Nation’s environmental needs. Mr. KING of Iowa. Mr. Chairman, I wish to are $145 million below this year’s level and lation has increased more than 60 percent. take time to highlight a watershed-related about $800 million below what would be re- Also, the community’s economic base con- project at Storm Lake, IA, in my district. As quired to maintain current services. That is tinues to grow, which places an additional bur- why the bill includes only about 70 percent of den on the sewer system. In an effort to meet background, Storm Lake’s depth and water increases mandated by law for Federal pay the growing needs for an improved sewer sys- quality have been deteriorating since the last and for other fixed costs for the Federal agen- tem, the city’s residents have seen significant dredging in the early 1960s. Storm Lake is cies covered by the bill. And that is why de- rate increases over the past several years. among 156 water bodies to make the U.S. En- spite maintenance backlogs of some $12 bil- However, it is now clear that Federal assist- vironmental Protection Agencies list of ‘‘imper- lion in our parks, refuges and forests, funding ance is necessary. iled’’ streams and lakes because of siltation. for construction projects throughout the bill are Again Mr. Chairman, I appreciate the sub- Removing silt and radically improving water cut by $216 million below last year and there committee’s inclusion of $1 million for the quality will prevent massive fish kills. Storm is no funding at all for new schools on Indian South Sioux City sanitary sewer crossing Lake is well known for being a conducive envi- reservations. project. I support passage of H.R. 5386 and ronment to Walleye breeding. The Department And that is why there are similar cuts in the urge my colleagues to vote for it. of Natural Resources has come to depend on Clean Water Revolving Fund, wildlife grants, Mr. HOLT. Mr. Chairman, I rise today in op- this Walleye population to assist in feeding and the North American Wetlands program position to the Department of Interior and re- other lakes and tributaries within the State of while funding for Federal land acquisitions—al- lated agencies appropriations bill for fiscal Iowa. ready reduced by more than 80 percent over year 2007. Today we are considering a bill The Storm Lake community has imple- the last 4 years—is cut by $98 million. that funds the majority of our Nation’s environ- mented practices by both business and resi- These cuts are particularly bad for Colorado mental programs. However, the funding levels dents in an effort to ensure that the current because our growing population puts increas- that this bill allows are inadequate to meet the dredging of Storm Lake will last for several ing pressure on our open spaces and wildlife needs of our country. By passing this bill generations to come. Finally, local agricultural as well as the water-related infrastructure of today we are turning our back on programs land owners on or near the Storm Lake water- our rural communities. that conserve our public lands, protect our shed have incorporated farming practices that If the bill now before the House were to be wildlife, and protect our environment. help curb or reduce the amount of runoff into enacted as it stands, the result would be dirti- I am disappointed with a variety of programs the Storm Lake Watershed. I believe this com- er water and air, reduced care for our natural that are losing funding in this appropriations prehensive approach to water resource man- landscapes and historic structures, and declin- bill but I want to talk specifically about the cuts agement by the Storm Lake community is to ing levels of services for the visitors to the na- to the Land and Water Conservation Fund be commended. tional parks, wildlife refuges, and national for- LWCF. As many of my colleagues know, for Funds will be used to dredge 700,000 cubic ests in Colorado and across the country. I the last 40 years, the Land and Water Con- yards of spoil from the lake. Through decades cannot support such results and cannot sup- servation Fund program has helped State and of ground erosion and silt freely entering port the bill. local government preserve open space and Storm Lake the lake levels have diminished. In Of course, today’s vote is not the end of the develop recreational facilities. By providing order to remove the silt and prevent the con- story for this legislation. Once the Senate has Federal matching grants, LWCF has helped tinued inflow of silt, a Lake Restoration Pro- acted on the bill, differences between its create a national legacy of public parks and gram was needed to dredge a large portion of version and the House-passed bill will have to outdoor leisure areas. the lake and to develop watershed protection be resolved and a final version considered. I This bill would provide for LWCF a mere practices. Therefore the Iowa Department of hope that the result of that process will be a $60.3 million in funding, the lowest in more Natural Resources believes this dredging and

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2791 watershed work plays a vital role in the water society who don’t even believe in global warm- The organization’s mission statement is: quality and restoration of the lake. Buena ing. There is scientific consensus that the ‘‘TlAER conducts scientific research, economic Vista County, the city of Storm Lake, and the earth is warming because of manmade green- inquiry, and institutional, statutory and regu- city of Lakeside view the dredging project as house gases and the threat posed by global latory analyses to address pressing environ- an essential component in the overall eco- warming is real and immediate. Recent polls mental issues facing the state and nation and nomic development of the area. Dredging will show that 85 percent of Americans believe assists public entities in developing and imple- create positive environmental effects while in- that global warming is probably happening and menting policies that promote environmental creasing the natural habitat for native fish and 76 percent, including 63 percent of conserv- quality.’’ marine organisms. atives, think the Federal government is not STRONG ECONOMY, HEALTHY EARTH Mr. Chairman, I look forward to working with doing enough to address the problem. Yet Re- TIAER continues to fulfill its mission by as- Chairman TAYLOR for the inclusion of funding publicans are so reluctant to acknowledge sembling and supporting a multidisciplinary re- in the final conference report. global warming, they won’t even allow the search staff. TIAER houses economists, engi- Mr. ETHERIDGE. Mr. Chairman, I rise today House to consider the issue. neers, attorneys, agricultural scientists, mathe- in opposition to H.R. 5386. If Republicans want to preach conservative matical modelers, communication specialists, Rural America is hurting economically. Our values, perhaps they should start with actually water quality scientists, graphic artists, com- families are faced with the highest fuel prices conserving our most precious resources. I puter scientists, and water quality monitoring in history. And this bill cuts $142 million from simply cannot vote for this mockery of environ- specialists to address the next generation of last year’s funding level for essential services mental legislation and I encourage my col- Clean Water Act initiatives. like environmental protection. leagues to join me in opposing this bill. TIAER was among the first to recognize that These cuts come from state grants that help Mr. HAYWORTH. Mr. Chairman, the state of emerging environmental issues in agriculture fund rural water, sewer, and infrastructure Arizona has a rich history, much of it left to us required new policy. TIAER developed the projects. They come from state wildlife preser- by Native Americans from centuries past. One Planned Intervention Microwatershed Ap- vations grants and wetland preservation funds. way in which the great tribal traditions and cul- proach (PIMA) to address landscape-based, This bill even cuts funding to EPA programs tural stories of our native predecessors are polluted runoff issues. PIMA uniquely links like the clean air diesel program; all while roll- passed down is in the form of petroglyphs. USDA voluntary programs with EPA programs ing back the mandatory pollution control These scenes, pictures and designs carved in a manner that is tailored to the needs of standards for power plants for the first time into rock formations tell the stories of the first production agriculture. PIMA protects privately- ever. Americans, and it is important that we give held lands from government intrusion. TIAER operates a one-million-acre outdoor This bill would also allow drilling off of our special attention to the preservation of these laboratory, the Bosque River watershed, which pristine coastlines, and it would provide for the artifacts. exploration and development of drilling in the One of Arizona’s largest collections of consists of cropland, ranch land and, in the upper reaches of the North Bosque, a Alaska National Wildlife Refuge (ANWR), an petroglyphs is housed at the Deer Valley Rock 250,000-acre watershed that is home to one area that is currently off limits for drilling, at a Art Center in Phoenix. Conceptualized with the of the largest concentrations of dairy farms in cost of $113 million. intent to both preserve and educate, the cen- the Nation. The Bosque River watershed pro- The priorities of this Congress are wrong for ter is operated and maintained by Arizona vides TIAER with a cross-section of agricul- the American people. I urge my colleagues to State University and the 47 acre facility is tural lands and enables TIAER to address vote against this legislation. home to over 1,500 petroglyphs. many of the environmental issues that produc- Mr. STARK. Mr. Chairman, I rise today in I would like to encourage the Bureau of tion agriculture will face over the next quarter- opposition to the Interior Appropriations bill. Land Management to engage in conversations century. Given their commitment to ‘‘conservative with the Deer Valley Rock Art Center in order values,’’ I would think that Republicans would to see where the agency might be able to pro- INDUSTRY-LED SOLUTIONS (ILS)—LEADERSHIP TOWARD be more committed to actual conservation. In- ENVIRONMENTAL SOLUTIONS vide assistance to the center. It is my hope A major focus of TIAER’s work began with stead, this bill shortchanges our environment, that strengthening the relationship between attacks our natural heritage, and recklessly the conception of ‘‘Industry-Led Solutions’’ the agency and the center will make it pos- (ILS) in 1999. TIAER has hosted four national endangers public health. sible for Arizona’s historical treasures to con- workshops and two regional Gulf of Mexico This bill slashes funding for environmental tinue to be preserved, allowing the center to programs by $145 million and provides about workshops with leaders of animal agriculture, remain a valuable educational tool for genera- the row crop industry, environmental groups, $800 million less than is necessary to maintain tions to come. and government to explore ways that agri- current environmental protection services. Mr. CARTER. Mr. Chairman, in 1991, the culture can proactively address environmental Specifically, this legislation cuts Land and Texas legislature authorized the establishment initiatives that will enable agricultural pro- Water Conservation programs, which provide of the Texas Institute of Applied Environmental ducers to be good stewards of the land while funding for the acquisition of land for national Research (TIAER) at Tarleton State Univer- maintaining the economic viability of the indus- parks, wildlife refuges, forests and monu- sity. Congress quickly recognized the merits of try. The intent is for ILS to serve as a ‘‘think- ments, to their lowest funding levels in 30 the effort and since 1992 has provided an av- tank’’ for agricultural environmental issues. years. At the same time, this bill cuts the For- erage of $500,000 a year and the U.S. De- The Nation is at a strategic point in deter- est Legacy Program by more than $43 million, partment of Agriculture has added $4.5 million mining how agriculture can meet Clean Water the Fish and Wildlife Service by $55 million dollars. These dollars have been effectively le- Act objectives. ILS is TIAER’s response to the and the National Park Service by $100 million. veraged, and when added to state and private need for agriculture to become proactively in- We have an obligation to ensure that future funds, total funding has exceeded $45 million. volved in both policy initiatives and developing generations can enjoy the beauty of our na- This project is an excellent example of how science-based programs that will lead to sus- tional parks and public lands. With this bill, critical federal support can effectively trigger tainable agricultural practices that provide for however, the ‘‘Moral Majority’’ has abandoned matching funds to help meet the needs of this a strong economy and a healthy Earth. their social and ethical responsibility to protect country. Agricultural producers and TIAER work to- our environment and invest in America’s fu- The mandate for the organization has been gether in a unique manner. Agricultural pro- ture. to: ducers lead all ILS initiatives. TIAER provides This indefensible legislation not only harms Conduct applied research on environmental staffing for ILS programs. The multidisciplinary our environment but places Americans’ health issues that have public policy implications staff of TIAER enables ILS to address all at risk by cutting the Clean Water State Re- Provide a setting for environmental studies issues related to resolving environmental volving Fund to its lowest funding level in a that focuses on the interface between govern- issues in agriculture. TIAER is unique in other decade. According to the EPA, close to $20 ment and the private sector ways: billion—nearly 30 times the appropriated Provide national leadership on emerging en- TIAER recognizes that the U.S. economy amount—is necessary to maintain our current vironmental policy must remain strong in order to have a healthy water quality. I am not willing to endanger the Establish programs and partnerships with Earth—‘‘Strong economy, healthy Earth.’’ health of millions of Americans by exposing public and private institutions of higher edu- TIAER has the capacity to move quickly to them to dirtier water. cation, governmental agencies, or private enti- address new initiatives. The TIAER Director I don’t believe something as important as ties to develop and implement new policies, reports directly to the Tarleton State University our natural resources should be left in the technology, strategies, relationships and President. In addition, TIAER staff work full- hands of Republican members of the flat-earth sources of funding. time, further enabling TIAER to move quickly.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 D:\FIX-CR\H18MY6.REC H18MY6 H2792 CONGRESSIONAL RECORD — HOUSE May 18, 2006 The institute operates in an entrepreneurial subject to a match by at least an equal serving on our military bases through- manner. TIAER has no permanent funding. amount by the National Fish and Wildlife out our country are entertained by Therefore, the institute must address issues Foundation for cost-shared projects sup- popular opera performances. porting conservation of Bureau lands; and NEA’s Big Read program has resulted that are seen by TIAER clientele as pertinent such funds shall be advanced to the Founda- and useful in addressing problems and issues tion as a lump sum grant without regard to in committed partnerships among local they face. when expenses are incurred. government officials, schools, libraries and arts organizations to address the As a proponent of ILS, TIAER brings to- AMENDMENT OFFERED BY MS. SLAUGHTER terrible national decline in literary gether the distinct concerns of entrepreneurs Ms. SLAUGHTER. Mr. Chairman, I reading. and environmentalists to develop effective offer an amendment. As part of the program, a book is se- public policies and cooperative, science-based The Clerk read as follows: solutions. lected and everybody is encouraged to In the past 30 years, efforts to improve the Amendment offered by Ms. SLAUGHTER: read it. It is that simple. The first 10 Page 2, line 15, after the dollar amount, in- Nation’s waters focused on cleaning up point sert the following: ‘‘(reduced by $1) (in- pilot programs now under way have source discharges—with great success. Now, creased by $1)’’. proven to be overwhelmingly success- however, water quality efforts will increasingly Page 28, line 2, after the first dollar ful. The neighbors talk about ‘‘Great address nonpoint sources for the next incre- amount, insert the following: ‘‘(reduced by Gatsby,’’ friends are locked in heated ments in water quality improvements. The $5,000,000)’’. debate about ‘‘To Kill a Mockingbird,’’ Clean Water Act of 1972 provided little insight Page 46, line 8, after the dollar amount, in- and coworkers are analyzing ‘‘Fahr- into how agriculture would address polluted sert the following: ‘‘(reduced by $3,000,000)’’. enheit 451.’’ Page 75, line 1, after the dollar amount, in- Imagine the conversations, connec- runoff from crop and ranch lands. It has be- sert the following: ‘‘(reduced by $2,000,000)’’. come evident over the past decade that agri- Page 107, line 1, after the dollar amount, tions and community enrichment that cultural lands are in the crosshairs of the EPA insert the following: ‘‘(increased by will be generated if NEA expands the and environmental groups. The challenge lies $5,000,000)’’. Big Read into 100 communities, as it in developing programs that are specifically Page 107, line 21, after the dollar amount, currently plans. tailored to the needs of agriculture. At this fif- insert the following: ‘‘(increased by The value of these programs should teen-year anniversary, TIAER looks toward fa- $5,000,000)’’. no longer have to be proved. The real cilitating future successes in improving our Na- Ms. SLAUGHTER (during the read- question is, Will the Congress, with its tion’s air and water quality. That is a laudable ing). Mr. Chairman, I ask unanimous patriotism and pride in America, goal, and it is made possible by congressional consent that the amendment be consid- prioritize the betterment of its cul- appropriations support that triggers valuable ered as read and printed in the RECORD. ture? matching dollars. I hope my colleagues will The CHAIRMAN. Is there objection In the late 1980s and 1990s, we funded continue to support successful efforts like to the request of the gentlewoman the NEA at $170 million. The NEA was this—responsible federal funding triggering ad- from New York? last funded at this amount in 1994 and ditional financial support. That is a partnership There was no objection. has never recovered from the awful that makes sense. Ms. SLAUGHTER. Mr. Chairman, budget cut it took. The CHAIRMAN. All time for general over the past 40 years the National En- As a result, today its invaluable pro- debate has expired. dowment for the Arts and the National grams remain seriously underfunded. Pursuant to the rule, the bill shall be Endowment for the Humanities have The increases I propose today are mod- considered for amendment under the 5- proven themselves time and time again est, but without adequate funding the minute rule. During consideration of to be among our country’s most valu- NEA and the NEH will be unable to the bill for amendment, the Chair may able and successful organizations. continue these and other important accord priority in recognition to a Their reach is national, their impact programs. Member offering an amendment that profound. They are tremendously bene- I urge Members to vote for the he or she has printed in the designated ficial to our economy, generating $134 Slaughter-Shays-Dicks-Leach-Price place in the CONGRESSIONAL RECORD. billion annually in economic activity. amendment and to preserve its funding Those amendments will be considered Artistic endeavors return some $10.5 in the final conference report. I thank read. billion to the Federal Government in my colleagues who have joined me The Clerk will read. income taxes every year. And the arts today. The Clerk read as follows: support nearly 5 million full-time jobs. Mr. DICKS. Will the gentlewoman H.R. 5386 When our children have art education yield? Be it enacted by the Senate and House of Rep- in their lives, they score higher on Ms. SLAUGHTER. I yield to the gen- resentatives of the United States of America in their SATs, have greater self-con- tleman from Washington. Congress assembled, That the following sums fidence, and are more focused on their Mr. DICKS. I want to rise in strong are appropriated, out of any money in the studies. support of the gentlewoman’s amend- Treasury not otherwise appropriated, for the I ask you today to urge stronger Fed- ment. She has been a leader and a val- Department of the Interior, environment, eral commitment to the arts by sup- ued advocate on this issue for many, and related agencies for the fiscal year end- porting this amendment to provide many years; and I am very proud to be ing September 30, 2007, and for other pur- modest increases to the NEA and NEH associated with her on this amend- poses, namely: of $5 million each. ment. TITLE I—DEPARTMENT OF THE Unless we provide an overall increase INTERIOR Mr. Chairman, I rise to urge support for this for NEA, the programs like Challenge amendment offered by Mrs. SLAUGHTER and BUREAU OF LAND MANAGEMENT America and the Big Read, which have myself to increase funding for the National En- MANAGEMENT OF LANDS AND RESOURCES been so important, will be slashed. And dowment for the Arts and the National Endow- For necessary expenses for protection, use, they will reach fewer people. ment for the Humanities. improvement, development, disposal, cadas- Challenge America has enhanced The amendment would provide an additional tral surveying, classification, acquisition of America’s communities through direct easements and other interests in lands, and $10 million to be split equally between the two performance of other functions, including grants for arts education, at-risk youth Endowments. The increase would be offset by maintenance of facilities, as authorized by and cultural preservation, community a series of small cuts to several Interior De- law, in the management of lands and their arts partnerships and improved access partment programs. resources under the jurisdiction of the Bu- to the arts for all Americans, with I am gratified to note that the debate over reau of Land Management, including the local programs in every single congres- the last few years has calmed down. The general administration of the Bureau, and sional district. votes in favor of this annual Arts and Human- assessment of mineral potential of public Because of the NEA, more children ities amendment had been growing by an in- lands pursuant to Public Law 96–487 (16 have music in the classroom today U.S.C. 3150(a)), $867,738,000, to remain avail- creasing margin. And last year, Chairman TAY- able until expended, of which $1,250,000 is for than ever before, and high school stu- LOR accepted this amendment without the high priority projects, to be carried out by dents are participating in poetry ses- need for a rollcall vote. the Youth Conservation Corps; and of which sions and learning more about Shake- Although we offer this amendment each $2,750,000 shall be available in fiscal year 2007 speare. And our brave men and women year, it is important that we again discuss the

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2793 importance of how this rather modest Federal I know you can think of times when a certain others who enjoy and benefit from their cre- support can have such large impact on our peal of a trumpet, or glimpse of a color trig- ativity and hard work, I urge a yes vote on the home districts. Most importantly, this seed gers something—a memory, an awareness, or Slaughter-Shays-Dicks-Leach-Price Amend- money spurs private donations to the arts and an idea. Though art can trigger strong emo- ment. humanities. tions, the value of these has not historically Mr. PRICE of North Carolina. Mr. Chairman, I still wish that we could restore the funding been measured. But they are no less impor- I rise as a cosponsor of the Slaughter amend- levels for the NEA and NEH back to their level tant than our experiences that are quantifiable. ment providing increased funding for the Na- 12 years ago but this amendment will get us NEA and NEH ensure that Americans tional Endowment for the Humanities and the closer. I urge your support on this important across the country can discover and share the National Endowment for the Arts. amendment. treasure of artful expression while instilling a For 40 years, the NEH has helped advance Mr. SHAYS. Will the gentlewoman sense of historical and cultural heritage the study and understanding of our Nation’s yield? throughout the generations. history, culture and heritage. The NEH pro- Ms. SLAUGHTER. I yield to the gen- I urge my colleagues to recognize the bene- vides seed money for high quality projects and tleman from Connecticut. fits of preserving the arts and humanities by programs that reach millions of Americans Mr. SHAYS. It is my understanding supporting this amendment’s funding to NEA each year. that the chairman, if we can close this and NEH. As Co-Chair of the Congressional Human- debate quickly, will gladly accept it. Mr. MORAN of Virginia. Mr. Chairman, I rise ities Caucus, I am pleased to support this Mr. Chairman, I rise in support of the in support of the Dicks-Slaughter-Shays- amendment, which would increase funding for Slaughter/Shays/Dicks/Leach/Price amend- Leach-Price amendment to increase National NEH by $5 million and for NEA by a like ment which will increase funding for the Na- Endowment for the Arts by $5 million and in- amount. tional Endowment for the Arts and National crease the National Endowment for the Hu- With a modest appropriation, the Humanities Endowment for the Humanities. manities by $5 million. Endowment provides seed money for projects As Dana Goia, the NEA Chairman, said ‘‘A The dividend this Nation receives from the including continuing education for K–12 teach- great nation deserves great art.’’ Endowment for the Arts and the Humanities ers and college and university faculty, tele- How we prioritize the arts and humanities far exceeds the investment we make with the vision documentaries, educational museum and their impact on our society and children’s limited Federal dollars. exhibitions, and preservation of historically im- education says a lot about us as Americans. We could eliminate all funding for the en- portant books and newspapers. Support of the arts should come from so dowments tomorrow, and the arts and human- The State humanities councils, in partner- many sources—individuals, foundations, arts ities would survive. ship with the NEH, reach millions of Ameri- consumers, and, yes, taxpayers. In a bill That’s not the issue. cans each year in all 50 states with such ac- where we are spending $29.5 billion on var- The grants NEA provides don’t make or tivities as teacher institutes, literacy programs, ious government programs, I believe spending break most theater productions, studio exhibi- and programs on local history and culture. $275.3 million on cultural programs is well tions or symphonic performances. Today, the humanities play an increasingly worth the investment. It is a moderate amount What NEA does with its grants is to ensure important role in preparing our students and of money that can have a big impact because that these performances, exhibits and produc- the public to be contributing and productive today’s economy is driven by ideas and inno- tions are shared with greater audiences of American citizens who also have a global vation. Americans. awareness. Scholarly research on the humanities will In fact, nationwide, there are 548,000 busi- This modest funding increase will aid NEH’s continue without the NEH, but research, nesses involved in the creation or distribution efforts to conserve and nurture America’s her- writings and creative thought on what it is to of the arts and employ 2.9 million people. The itage, bring the humanities to communities be an American, like the We the People initia- fourth District of Connecticut is home to 2,841 across the country, and educate the next gen- tive, the embodiment of who and what we are, arts-related businesses employing 14,711 peo- eration of Americans. ple. and diffusion of this understanding and insight I encourage my colleagues to support this The Federal investment in the arts is the among Americans will suffer. amendment. Mr. Chairman, there is too much that divides smallest part of arts funding. But we have a Mrs. LOWEY. Mr. Chairman, I rise in sup- role—an important one. A stabilizing one. And us as a Nation. We need institutions like the NEA and the port of this amendment and strongly urge its one that we should continue. adoption. I grew up in an arts family. My parents— NEH, that find common ground through per- Our contributions to the arts and humanities both performing actors—met in the theater. formances and pamphlets that inspire us to are the standard by which our history as a so- Listening to my father play the piano each look past the parochial and appreciate great- ciety will be measured. A strong public com- night and hearing stories from their days on ness. mitment to the arts and humanities, along with the stage gave me a profound appreciation for Support the Dicks-Slaughter-Shays-Leach- a dedication to freedom, is the hallmark of creative expression—an appreciation that I Price amendment. great civilizations. History has shown that reli- know so many of the constituents I represent Mrs. MALONEY. Mr. Chairman, as a proud gious and political freedoms go hand in hand share. representative of New York City, an important I thank the Chairman TAYLOR and Ranking center of the creative industries in our Nation, with greater artistic and literary activity, and Member DICKS for their continued support of I rise in enthusiastic support of the Slaughter- that the societies that flourish and have a last- the arts and humanities. Shays-Dicks-Leach-Price amendment. ing influence on humanity are those that en- I urge my colleagues to support this amend- This amendment will provide a very small, courage free expression in all of its forms. ment. but critical increase in funding for the National This is a lesson that resonates with people of Mr. TAYLOR of North Carolina. We Endowment for the Arts and the National En- every age, background, and belief, and one accept this amendment, Mr. Chairman. dowment for the Humanities. that we can guarantee our children learn. Ms. SLAUGHTER. I thank the chair- Earlier this week, I was honored to be By sharing ideas and images from a diverse man very much. joined by the gentlewoman from New York range of hack grounds and through many dif- Mr. FARR. Mr. Chairman, I rise in support of and the gentleman from Connecticut—spon- ferent media, the arts and humanities help to the Slaughter/Shays Amendment to the FY07 sors of this amendment and co-chairs of the create a more informed citizenry. We are bet- Interior Appropriations Bill that would add $5 Arts Caucus—in passing legislation recog- ter prepared to meet the responsibilities of de- million each to the National Endowment for nizing the American Ballet Theater for their 65 mocracy; to ask ourselves the hard questions; the Arts and the National Endowment for the years of service as ‘‘America’s National Ballet to demand of our leaders the full answers; and Humanities. Theater.’’ to judge fairly the actual and potential endeav- Many of us do not recognize the role the The ABT is just one of well over 7,000 arts- ors of our country. arts play in our lives. But without the arts, our related businesses in my district, employing Our support for the arts and humanities also lives would be black and white. Arts add the nearly 120,000 employees—the highest num- has a profound impact on our economy. In my color. Arts add the diversity and aid the under- ber of arts-related jobs in the country. Congressional District, there are close to standing. Arts allow for expression and facili- And the NEA is key in bolstering the eco- 2,000 arts-related businesses, providing more tate the acceptance. These experiences are nomic and creative force of these organiza- than 9,000 jobs. This creates a substantial truly immeasurable. tions. economic impact. Nationally, the arts industry Cultures that have the ability to create, pre- Mr. Chairman, for the 120,000 arts-related generates $134 billion in economic activity, serve and appreciate the arts are truly unique. employees that I represent and the countless sustaining over 4 million jobs.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 D:\FIX-CR\H18MY6.REC H18MY6 H2794 CONGRESSIONAL RECORD — HOUSE May 18, 2006 Even more significant is the return on the in- Ms. LEE. Mr. Chairman, I rise in strong sup- necessary resources for the important vestment for the American taxpayer. While the port of the bipartisan Arts’ Caucus amendment diesel initiatives under the Diesel Federal Government spends just over $250 that would fully fund the National Endowment Emissions Reduction Act should be million on the NEA and NEH annually, it col- for the Arts, NEA, and the National Endow- central to any current national trans- lects over $10 billion in tax revenue related to ment for the Humanities, NEH. portation plan. the arts industry. Federal funding for the NEA I Would like to especially thank co-chairs of We have worked extremely hard to and NEH is crucial to the arts community, the Arts Caucus and the authors of the ensure that Americans may have clean- helping leverage more state, local, and private amendment—the gentlewoman from New York er air where they work and live. I funds. Clearly, the numbers show that invest- (Ms. SLAUGHTER) and the gentleman from know, despite the bipartisan support ment in the arts is important not only to our Connecticut (Mr. SHAYS)—for their leadership we received for DERA funding, finding national identity, but also to our national econ- on this issue. the funds for this program was a tough omy. In my district, the 9th congressional district process. Ultimately, while cuts had to Mr. Chairman, we must act decisively to of California, more than 10,000 people are be made to DERA’s appropriation, I am commit ourselves to our national heritage and employed in arts related jobs. They play an in- very proud to have worked with the culture, by voting to increase funding for the tegral role in building and sustaining our local subcommittee leadership to get the NEA and NEH. I urge my colleagues to sup- economy. funds that we did receive. However, the port creativity and reflection, to support our The AXIS Dance Company, an NEA grants fight is not over. economy, and to support the continued growth recipient in Oakland California, is just one ex- While the $26 million will go far in and expression of democracy in its fullest ample of an organization in my community the mission for reducing diesel emis- form. that relies on these funds to sustain their pro- sion, a great deal more is needed. De- Mr. HOLT. Mr. Chairman, I rise today in grams. spite the fact that today’s diesel vehi- strong support of the Slaughter-Shays-Dicks- The AXIS Company includes dancers with cles are 99 percent cleaner than their Leach-Price amendment to provide much and without disabilities. Thanks to an NEA Ac- 1970 counterparts, each older truck needed funds for the National Endowment for cess to Artistic Excellence Grant, the company contributes an average of 1 ton of pol- the Arts and the National Endowment for the launched their first-ever Summer Intensive lutants into the air per year. We must Humanities. session last year. make certain that every effort will be As a scientist, I am often advocating for in- As Judith Smith, the companies’ artistic di- made during conference to increase vestments in math, science, and technology rector, explains: ‘‘By presenting dance that in- funding above the $26 million level, or research, development, and education. These cludes dancers with and without disabilities we at least to consider keeping it where it are worthwhile expenditures that contribute to show youth what is possible when people with is. innovation and economic growth, but our na- differences collaborate. . . . Ultimately it helps So, Mr. Chairman, the DERA pro- tion requires a parallel investment in the arts them see that they can do and accomplish gram is very important to my district. to retain the cultural and creative growth that whatever they set their mind to. This is the These funds play a critical role in fully ties our diverse society together. beauty of art.’’ This modest increase in funding will build integrating today’s technological ad- The AXIS Company is but one example; na- programs that use the strength of the arts and vances with consumer demands and en- tionally there are 548,000 arts-related busi- our Nation’s cultural life to enhance commu- vironmental needs in order to provide nesses, but it is impossible to count how many nities in every State and every county around cleaner air where our constituents live lives are impacted by their services. The facts America. The additional funds provided and work. And I would like just to have speak for themselves—if you cut arts funding, through this amendment would support the the chairman respond that we hope you cut jobs and opportunities for all. very successful Challenge America program, that in the conference, at least the Mr. Chairman, I strongly urge my colleagues which brings the arts to rural communities and money that has been placed there by to vote ‘‘yes’’ on the Arts’ Caucus bipartisan inner-city neighborhoods whose limited re- the administration will be maintained amendment. sources don’t always allow for community arts with perhaps increases if we can. The CHAIRMAN. The question is on Mr. TAYLOR of North Carolina. Mr. programs. the amendment offered by the gentle- In 2005, the Challenge America program Chairman, the gentlewoman has made woman from New York (Ms. SLAUGH- provided grants to towns and cities in 99 per- a huge contribution on this matter to TER). cent of Congressional districts for jazz and the committee. We did increase the The amendment was agreed to. blues festivals, showcases for regional musi- amount up 12 percent from where we Ms. MILLENDER-MCDONALD. Mr. cians and artists, and public-private partner- were. But I agree with the gentle- Chairman, I move to strike the last ships that bring the arts into local schools. woman, if we can do more in con- word. Dozens of studies have demonstrated the sig- ference, we will try to do it because the Mr. Chairman, I would like to enter nificant positive effect of arts education on stu- great need is there. into a colloquy with the chairman. I dents’ academic performance, self esteem, The CHAIRMAN. The Clerk will read. would like to thank the gentleman and behavior, and the Challenge America The Clerk read as follows: from North Carolina in this colloquy. grants are an excellent mechanism to bring In addition, $32,696,000 is for Mining Law And, Mr. Chairman, as a resident of the arts to students who can greatly benefit Administration program operations, includ- ing the cost of administering the mining from that exposure. Southern California, I have witnessed the impact diesel emissions has had on claim fee program; to remain available until Similarly, the NEH serves to advance the expended, to be reduced by amounts col- nation’s scholarly and cultural life. The addi- our air quality. Our constituents are more likely to contract cancer, asthma lected by the Bureau and credited to this ap- tional funding contained in this amendment propriation from annual mining claim fees would enable NEH to improve the quality of and other respiratory problems. The so as to result in a final appropriation esti- humanities education to America’s school chil- emissions from older heavy-duty mated at not more than $867,738,000, and dren and college students, offer lifelong learn- trucks, in particular, are among the $2,000,000, to remain available until ex- ing opportunities through a range of public highest contributors of ground level pended, from communication site rental fees programs, and support new projects that en- ozone, volatile organic compounds, and established by the Bureau for the cost of ad- courage Americans to discover their storied particulate pollution in the country. ministering communication site activities. and inspiring national heritage. These trucks are the highest polluters WILDLAND FIRE MANAGEMENT It is clear that increasing funding for the arts among on-road transportation emis- (INCLUDING TRANSFER OF FUNDS) and humanities are among the best invest- sions sources. For necessary expenses for fire prepared- ments that we as a society can make. They As a primary player in the movement ness, suppression operations, fire science and help our children learn. They give the elderly of goods, diesel engines play an impor- research, emergency rehabilitation, haz- sustenance. They power economic develop- tant role in keeping our economy ardous fuels reduction, and rural fire assist- ment, even in regions that are down and out. strong. While the administration has ance by the Department of the Interior, taken action with the diesel fuel en- $769,253,000, to remain available until ex- Will the projects that would be sponsored by pended, of which not to exceed $7,338,000 this increase in funding help defend our coun- gine regulations to reduce emissions, shall be for the renovation or construction of try? Probably not, but they will make our coun- the EPA estimates that there are 11 fire facilities: Provided, That such funds are try more worth defending. I urge my col- million existing engines that still need also available for repayment of advances to leagues to support this amendment. to be fixed. This is why providing the other appropriation accounts from which

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2795 funds were previously transferred for such including administrative expenses and acqui- appropriate for refund pursuant to section purposes: Provided further, That persons sition of lands or waters, or interests there- 305(c) of that Act (43 U.S.C. 1735(c)), shall be hired pursuant to 43 U.S.C. 1469 may be fur- in, $3,067,000, to be derived from the Land and available and may be expended under the au- nished subsistence and lodging without cost Water Conservation Fund and to remain thority of this Act by the Secretary to im- from funds available from this appropria- available until expended. prove, protect, or rehabilitate any public tion: Provided further, That notwithstanding OREGON AND CALIFORNIA GRANT LANDS lands administered through the Bureau of 42 U.S.C. 1856d, sums received by a bureau or Land Management which have been damaged For expenses necessary for management, office of the Department of the Interior for by the action of a resource developer, pur- protection, and development of resources and fire protection rendered pursuant to 42 chaser, permittee, or any unauthorized per- for construction, operation, and mainte- U.S.C. 1856 et seq., protection of United son, without regard to whether all moneys nance of access roads, reforestation, and States property, may be credited to the ap- collected from each such action are used on other improvements on the revested Oregon propriation from which funds were expended the exact lands damaged which led to the ac- and California Railroad grant lands, on other to provide that protection, and are available tion: Provided further, That any such moneys Federal lands in the Oregon and California without fiscal year limitation: Provided fur- that are in excess of amounts needed to re- land-grant counties of Oregon, and on adja- ther, That using the amounts designated pair damage to the exact land for which cent rights-of-way; and acquisition of lands under this title of this Act, the Secretary of funds were collected may be used to repair or interests therein, including existing con- the Interior may enter into procurement other damaged public lands. contracts, grants, or cooperative agree- necting roads on or adjacent to such grant MISCELLANEOUS TRUST FUNDS ments, for hazardous fuels reduction activi- lands; $111,408,000, to remain available until ties, and for training and monitoring associ- expended: Provided, That 25 percent of the In addition to amounts authorized to be ated with such hazardous fuels reduction ac- aggregate of all receipts during the current expended under existing laws, there is hereby tivities, on Federal land, or on adjacent non- fiscal year from the revested Oregon and appropriated such amounts as may be con- Federal land for activities that benefit re- California Railroad grant lands is hereby tributed under section 307 of the Act of Octo- sources on Federal land: Provided further, made a charge against the Oregon and Cali- ber 21, 1976 (43 U.S.C. 1701), and such amounts That the costs of implementing any coopera- fornia land-grant fund and shall be trans- as may be advanced for administrative costs, tive agreement between the Federal Govern- ferred to the General Fund in the Treasury surveys, appraisals, and costs of making con- ment and any non-Federal entity may be in accordance with the second paragraph of veyances of omitted lands under section shared, as mutually agreed on by the af- subsection (b) of title II of the Act of August 211(b) of that Act, to remain available until fected parties: Provided further, That not- 28, 1937 (50 Stat. 876). expended. withstanding requirements of the Competi- FOREST ECOSYSTEM HEALTH AND RECOVERY ADMINISTRATIVE PROVISIONS tion in Contracting Act, the Secretary, for FUND Appropriations for the Bureau of Land purposes of hazardous fuels reduction activi- (REVOLVING FUND, SPECIAL ACCOUNT) Management shall be available for purchase, ties, may obtain maximum practicable com- erection, and dismantlement of temporary In addition to the purposes authorized in petition among: (1) local private, nonprofit, structures, and alteration and maintenance Public Law 102–381, funds made available in or cooperative entities; (2) Youth Conserva- of necessary buildings and appurtenant fa- the Forest Ecosystem Health and Recovery tion Corps crews or related partnerships with cilities to which the United States has title; Fund can be used for the purpose of plan- State, local, or non-profit youth groups; (3) up to $100,000 for payments, at the discretion ning, preparing, implementing and moni- small or micro-businesses; or (4) other enti- of the Secretary, for information or evidence toring salvage timber sales and forest eco- ties that will hire or train locally a signifi- concerning violations of laws administered system health and recovery activities, such cant percentage, defined as 50 percent or by the Bureau; miscellaneous and emergency as release from competing vegetation and more, of the project workforce to complete expenses of enforcement activities author- density control treatments. The Federal such contracts: Provided further, That in im- ized or approved by the Secretary and to be share of receipts (defined as the portion of plementing this section, the Secretary shall accounted for solely on her certificate, not salvage timber receipts not paid to the coun- develop written guidance to field units to en- to exceed $10,000: Provided, That notwith- ties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– sure accountability and consistent applica- standing 44 U.S.C. 501, the Bureau may, 1 et seq., and Public Law 106–393) derived tion of the authorities provided herein: Pro- under cooperative cost-sharing and partner- from treatments funded by this account vided further, That funds appropriated under ship arrangements authorized by law, pro- shall be deposited into the Forest Ecosystem this head may be used to reimburse the cure printing services from cooperators in Health and Recovery Fund. United States Fish and Wildlife Service and connection with jointly produced publica- the National Marine Fisheries Service for RANGE IMPROVEMENTS tions for which the cooperators share the the costs of carrying out their responsibil- For rehabilitation, protection, and acquisi- cost of printing either in cash or in services, ities under the Endangered Species Act of tion of lands and interests therein, and im- and the Bureau determines the cooperator is 1973 (16 U.S.C. 1531 et seq.) to consult and provement of Federal rangelands pursuant to capable of meeting accepted quality stand- conference, as required by section 7 of such section 401 of the Federal Land Policy and ards. Act, in connection with wildland fire man- Management Act of 1976 (43 U.S.C. 1701), not- Section 28 of title 30, United States Code, agement activities: Provided further, That withstanding any other Act, sums equal to 50 is amended: (1) in section 28 by striking the the Secretary of the Interior may use percent of all moneys received during the phrase ‘‘shall commence at 12 o’clock merid- wildland fire appropriations to enter into prior fiscal year under sections 3 and 15 of ian on the 1st day of September’’ and insert- non-competitive sole source leases of real the Taylor Grazing Act (43 U.S.C. 315 et seq.) ing ‘‘shall commence at 12:00 ante meridian property with local governments, at or below and the amount designated for range im- on the 1st day of September’’; (2) in section fair market value, to construct capitalized provements from grazing fees and mineral 28f(a), by striking the phrase ‘‘for years 2004 improvements for fire facilities on such leasing receipts from Bankhead-Jones lands through 2008’’; and (3) in section 28g, by leased properties, including but not limited transferred to the Department of the Inte- striking the phrase ‘‘and before September to fire guard stations, retardant stations, rior pursuant to law, but not less than 30, 2008,’’. and other initial attack and fire support fa- $10,000,000, to remain available until ex- Refunds or rebates received on an on-going cilities, and to make advance payments for pended: Provided, That not to exceed $600,000 basis from an information technology (IT) any such lease or for construction activity shall be available for administrative ex- vendor as part of the Bureau of Land Man- associated with the lease: Provided further, penses. agement (BLM) consolidated IT procure- That the Secretary of the Interior and the SERVICE CHARGES, DEPOSITS, AND FORFEITURES ments for the Department of the Interior and Secretary of Agriculture may authorize the other Federal Government departments transfer of funds appropriated for wildland For administrative expenses and other hereafter may be deposited into the Manage- fire management, in an aggregate amount costs related to processing application docu- ment of Lands and Resources Fund to be not to exceed $9,000,000, between the Depart- ments and other authorizations for use and used to offset BLM’s costs incurred in pro- ments when such transfers would facilitate disposal of public lands and resources, for viding this service. costs of providing copies of official public and expedite jointly funded wildland fire UNITED STATES FISH AND WILDLIFE SERVICE management programs and projects: Provided land documents, for monitoring construc- RESOURCE MANAGEMENT further, That funds provided for wildfire sup- tion, operation, and termination of facilities pression shall be available for support of in conjunction with use authorizations, and For necessary expenses of the United Federal emergency response actions. for rehabilitation of damaged property, such States Fish and Wildlife Service, as author- amounts as may be collected under Public ized by law, and for scientific and economic CONSTRUCTION Law 94–579, as amended, and Public Law 93– studies, maintenance of the herd of long- For construction of buildings, recreation 153, to remain available until expended: Pro- horned cattle on the Wichita Mountains facilities, roads, trails, and appurtenant fa- vided, That, notwithstanding any provision Wildlife Refuge, general administration, and cilities, $11,476,000, to remain available until to the contrary of section 305(a) of Public for the performance of other authorized func- expended. Law 94–579 (43 U.S.C. 1735(a)), any moneys tions related to such resources by direct ex- LAND ACQUISITION that have been or will be received pursuant penditure, contracts, grants, cooperative For expenses necessary to carry out sec- to that section, whether as a result of for- agreements and reimbursable agreements tions 205, 206, and 318(d) of Public Law 94–579, feiture, compromise, or settlement, if not with public and private entities,

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2796 CONGRESSIONAL RECORD — HOUSE May 18, 2006 $1,016,669,000, to remain available until Sep- 1965, as amended (16 U.S.C. 460l–4 through 11), fourth of 1 percent thereof: Provided further, tember 30, 2008, except as otherwise provided including administrative expenses, and for That the Secretary shall apportion the re- herein: Provided, That $2,500,000 is for high private conservation efforts to be carried out maining amount in the following manner: (1) priority projects, which shall be carried out on private lands, $7,000,000, to be derived one-third of which is based on the ratio to by the Youth Conservation Corps: Provided from the Land and Water Conservation which the land area of such State bears to further, That not to exceed $17,759,000 shall Fund, and to remain available until ex- the total land area of all such States; and (2) be used for implementing subsections (a), (b), pended: Provided, That the amount provided two-thirds of which is based on the ratio to (c), and (e) of section 4 of the Endangered herein is for the Private Stewardship Grants which the population of such State bears to Species Act, as amended, for species that are Program established by the Secretary to pro- the total population of all such States: Pro- indigenous to the United States (except for vide grants and other assistance to individ- vided further, That the amounts apportioned processing petitions, developing and issuing uals and groups engaged in private conserva- under this paragraph shall be adjusted equi- proposed and final regulations, and taking tion efforts that benefit federally listed, pro- tably so that no State shall be apportioned a any other steps to implement actions de- posed, candidate, or other at-risk species. sum which is less than 1 percent of the scribed in subsection (c)(2)(A), (c)(2)(B)(i), or COOPERATIVE ENDANGERED SPECIES amount available for apportionment under (c)(2)(B)(ii)), of which not to exceed CONSERVATION FUND this paragraph for any fiscal year or more $12,581,000 shall be used for any activity re- For expenses necessary to carry out sec- than 5 percent of such amount: Provided fur- garding the designation of critical habitat, tion 6 of the Endangered Species Act of 1973 ther, That the Federal share of planning pursuant to subsection (a)(3), excluding liti- (16 U.S.C. 1531 et seq.), as amended, grants shall not exceed 75 percent of the gation support, for species listed pursuant to $80,507,000 to remain available until ex- total costs of such projects and the Federal subsection (a)(1) prior to October 1, 2006: Pro- pended, of which $20,161,000 is to be derived share of implementation grants shall not ex- vided further, That of the amount available from the Cooperative Endangered Species ceed 50 percent of the total costs of such for law enforcement, up to $400,000, to re- Conservation Fund and $60,346,000 is to be de- projects: Provided further, That the non-Fed- main available until expended, may at the rived from the Land and Water Conservation eral share of such projects may not be de- discretion of the Secretary be used for pay- Fund. rived from Federal grant programs: Provided ment for information, rewards, or evidence further, That no State, territory, or other ju- NATIONAL WILDLIFE REFUGE FUND concerning violations of laws administered risdiction shall receive a grant if its com- by the Service, and miscellaneous and emer- For expenses necessary to implement the prehensive wildlife conservation plan is dis- gency expenses of enforcement activity, au- Act of October 17, 1978 (16 U.S.C. 715s), approved and such funds that would have thorized or approved by the Secretary and to $14,202,000. been distributed to such State, territory, or be accounted for solely on her certificate: NORTH AMERICAN WETLANDS CONSERVATION other jurisdiction shall be distributed equi- Provided further, That of the amount pro- FUND tably to States, territories, and other juris- vided for environmental contaminants, up to For expenses necessary to carry out the dictions with approved plans: Provided fur- $1,000,000 may remain available until ex- provisions of the North American Wetlands ther, That any amount apportioned in 2007 to pended for contaminant sample analyses. Conservation Act, Public Law 101–233, as any State, territory, or other jurisdiction CONSTRUCTION amended, $36,646,000, to remain available that remains unobligated as of September 30, For construction, improvement, acquisi- until expended. 2008, shall be reapportioned, together with tion, or removal of buildings and other fa- NEOTROPICAL MIGRATORY BIRD CONSERVATION funds appropriated in 2009, in the manner provided herein: Provided further, That bal- cilities required in the conservation, man- For financial assistance for projects to pro- ances from amounts previously appropriated agement, investigation, protection, and uti- mote the conservation of neotropical migra- under the heading ‘‘State Wildlife Grants’’ lization of fishery and wildlife resources, and tory birds in accordance with the shall be transferred to and merged with this the acquisition of lands and interests there- Neotropical Migratory Bird Conservation appropriation and shall remain available in; $39,756,000, to remain available until ex- Act, Public Law 106–247 (16 U.S.C. 6101–6109), until expended. pended. $4,000,000, to remain available until ex- LAND ACQUISITION pended. AMENDMENT OFFERED BY MR. PUTNAM For expenses necessary to carry out the MULTINATIONAL SPECIES CONSERVATION FUND Land and Water Conservation Fund Act of Mr. PUTNAM. Mr. Chairman, I offer For expenses necessary to carry out the an amendment. 1965, as amended (16 U.S.C. 460l–4 through 11), African Elephant Conservation Act (16 U.S.C. including administrative expenses, and for 4201–4203, 4211–4213, 4221–4225, 4241–4245, and The Clerk read as follows: acquisition of land or waters, or interest 1538), the Asian Elephant Conservation Act therein, in accordance with statutory au- of 1997 (Public Law 105–96; 16 U.S.C. 4261– Amendment offered by Mr. PUTNAM: thority applicable to the United States Fish 4266), the Rhinoceros and Tiger Conservation Page 16, line 13, after the dollar amount in- and Wildlife Service, $19,751,000, to be derived Act of 1994 (16 U.S.C. 5301–5306), the Great sert ‘‘(increased by $500,000)’’. from the Land and Water Conservation Fund Ape Conservation Act of 2000 (16 U.S.C. 6301), and to remain available until expended: Pro- Page 107, line 21, after the dollar amount and the Marine Turtle Conservation Act of insert ‘‘(reduced by $500,000)’’. vided, That none of the funds appropriated 2004 (Public Law 108–266; 16 U.S.C. 6601), for specific land acquisition projects can be $6,057,000, to remain available until ex- Mr. PUTNAM. Mr. Chairman, I rise used to pay for any administrative overhead, pended. today to submit an amendment to as- planning or other management costs. STATE AND TRIBAL WILDLIFE GRANTS sist States dealing with the increasing LANDOWNER INCENTIVE PROGRAM For wildlife conservation grants to States problem of alligator attacks. For expenses necessary to carry out the and to the District of Columbia, Puerto Rico, As you may know, just in the past Land and Water Conservation Fund Act of Guam, the United States Virgin Islands, the 1965, as amended (16 U.S.C. 460l–4 through 11), Northern Mariana Islands, American Samoa, week there have been a number of at- including administrative expenses, and for and federally-recognized Indian tribes under tacks resulting in three human fatali- private conservation efforts to be carried out the provisions of the Fish and Wildlife Act of ties, just in the State of Florida. Flor- on private lands, $15,000,000, to be derived 1956 and the Fish and Wildlife Coordination ida is not the only State that has to from the Land and Water Conservation Act, for the development and implementa- deal with this problem. Citizens across Fund, and to remain available until ex- tion of programs for the benefit of wildlife Alabama, Georgia, Louisiana, South pended: Provided, That the amount provided and their habitat, including species that are herein is for a Landowner Incentive Program Carolina, and Texas have all been vic- not hunted or fished, $50,000,000, to be derived tims of alligator attacks, often deadly, established by the Secretary that provides from the Land and Water Conservation matching, competitively awarded grants to Fund, and to remain available until ex- over the years. States, the District of Columbia, federally- pended: Provided, That of the amount pro- The number of alligator complaints recognized Indian tribes, Puerto Rico, Guam, vided herein, $5,000,000 is for a competitive received by the Florida Fish and Wild- the United States Virgin Islands, the North- grant program for Indian tribes, not subject ern Mariana Islands, and American Samoa, life Commission continues to grow. to the remaining provisions of this appro- Last year there were over 18,000 com- to establish or supplement existing land- priation: Provided further, That the Secretary owner incentive programs that provide tech- shall, after deducting said $5,000,000 and ad- plaints alone, which resulted in the re- nical and financial assistance, including ministrative expenses, apportion the amount moval of over 7,000 alligators. habitat protection and restoration, to pri- provided herein in the following manner: (1) Unfortunately, with three deaths in 1 vate landowners for the protection and man- to the District of Columbia and to the Com- agement of habitat to benefit federally list- week, current efforts are insufficient to monwealth of Puerto Rico, each a sum equal prevent these attacks. I rise today to ed, proposed, candidate, or other at-risk spe- to not more than one-half of 1 percent there- cies on private lands. of; and (2) to Guam, American Samoa, the offer an amendment to add $500,000 to PRIVATE STEWARDSHIP GRANTS United States Virgin Islands, and the Com- the monies available to the States to For expenses necessary to carry out the monwealth of the Northern Mariana Islands, hire trappers and expand alligator Land and Water Conservation Fund Act of each a sum equal to not more than one- trapping activities.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2797 Our support for nuisance alligator I believe is important to ensuring that we can passenger motor vehicles, of which 54 are for programs helps provide the critical re- adequately protect Florida’s shoreline. I am replacement only (including 15 for police- sources States need to respond and re- not opposed to the drilling for natural gas, pro- type use); repair of damage to public roads within and adjacent to reservation areas move these alligators, as well as edu- vided we have a 100-mile buffer to protect caused by operations of the Service; options cate the public on the prevention of Florida’s coast. for the purchase of land at not to exceed $1 these attacks. I want it to be very clear what I support and for each option; facilities incident to such Across the gulf coast and throughout that is: a policy that allows for natural gas public recreational uses on conservation the South, these attacks are increasing wells 100 miles or more off the coast of Flor- areas as are consistent with their primary in frequency and severity and this ida. purpose; and the maintenance and improve- amendment will help the States obtain The amendment before us, offered by my ment of aquaria, buildings, and other facili- the resources they need to accelerate Florida colleague, however would ban natural ties under the jurisdiction of the Service and to which the United States has title, and their trapping program as we continue gas wells not only along the Florida coast, but which are used pursuant to law in connec- to face this challenge of an urban also along southern, central and northern Cali- tion with management, and investigation of interface with the wildlife that are fornia; Washington; Oregon; and the North At- fish and wildlife resources: Provided, That listed as threatened only because of lantic. It would not permit natural gas wells lo- notwithstanding 44 U.S.C. 501, the Service their resemblance to the American cated 100 miles or more off the coast of Flor- may, under cooperative cost sharing and crocodile. ida, and for that reason I will not support it. partnership arrangements authorized by law, There is some confusion that must be procure printing services from cooperators b 1345 in connection with jointly produced publica- cleared up. No one here today is proposing tions for which the cooperators share at There is no population concern what- that we allow natural gas wells within 3 miles soever with the alligator. least one-half the cost of printing either in of the Florida coast. In the event that the un- cash or services and the Service determines And I thank my colleagues for their derlying bill before us is approved today the the cooperator is capable of meeting accept- support and urge adoption of the Presidential moratorium remains in place pro- ed quality standards: Provided further, That, amendment. tecting Florida, and President Bush has notwithstanding any other provision of law, I see that the distinguished chairman pledged to ensure that Florida is permitted to the Service may use up to $2,000,000 from of this subcommittee has risen, and I maintain at least a 100-mile protective buffer. funds provided for contracts for employ- ment-related legal services: Provided further, would be happy to yield to him for any Moreover should the Presidential moratorium comments. That the Service may accept donated air- be removed, the Congress must enact legisla- craft as replacements for existing aircraft: Mr. TAYLOR of North Carolina. Mr. tion directing the Department of Interior on Provided further, That, notwithstanding any Chairman, I appreciate what the gen- where to permit Outer Continental Shelf (OCS) other provision of law, the Secretary of the tleman is trying to do, but I would ask leases. This is not a one step process. Interior may not spend any of the funds ap- him to withdraw his amendment. Some have suggested that allowing natural propriated in this Act for the purchase of The money that you want is in con- gas wells will do little to address the energy lands or interests in lands to be used in the establishment of any new unit of the Na- trol of the State, and if you could with- costs in the United States. This claim simply draw, we will sit down between now tional Wildlife Refuge System unless the is not based on sound economics. As many of purchase is approved in advance by the and the conference and try to work my colleagues know, over the past decade House and Senate Committees on Appropria- with you. there has been a dramatic increase in the use tions in compliance with the reprogramming Mr. PUTNAM. Mr. Chairman, re- of natural gas to produce electricity. Switching procedures contained in the statement of the claiming my time, certainly I recog- to natural gas for electric power generation managers accompanying this Act. nize the difficult position that Mr. has been a very quick and cost effective way Mr. EHLERS. Mr. Chairman, I move DICKS and Mr. TAYLOR are in in to reduce greenhouse gas emissions. Accord- to strike the last word. crafting an appropriate spending bill ing a 2005 report from the Florida Public Serv- I rise to engage the distinguished for this area. I appreciate the gentle- ice Commission, in 2003, 26 percent of Flor- chairman of the subcommittee in a col- man’s expression of concern about this ida’s electric power was generated using nat- loquy, along with Mr. KIRK from Illi- problem. Obviously being from the ural gas. By 2013, just seven years from now, nois. South, he understands the issues we the FPSC projects that over 50 percent of Chairman TAYLOR, let me first thank are dealing with, and I hope that we Florida’s electric power will be generated you and the committee for the funding will be able to work something out in using natural gas. Clearly, Florida is increas- you provided to the Science and Tech- conference toward that end. ingly relying on natural gas to meet our every- nology Account of the EPA. This im- Mr. DICKS. Mr. Chairman, will the day energy needs and ensuring a longer-term portant funding will be used to address gentleman yield? affordable supply of natural gas will help keep a wide range of environmental and Mr. PUTNAM. I would be happy to Florida consumer’s power bills affordable. health concerns, including both long- yield to my friend from Washington. When you consider this growing reliance on term basic research and near-term ap- Mr. DICKS. Mr. Chairman, even from clean burning natural gas along with price in- plied research in order to discover Washington State we understand the creases we have seen, it is clear that Florida knowledge and develop technologies severity of this problem because we consumers will continue to pay higher costs necessary to protect our environmental have seen it on national television, but for electricity if we don’t address natural gas resources and prevent future harm. I I want him to know we are very willing supply concerns. According to the U.S. De- recognize that the apparently dramatic to work with the gentleman on this partment of Energy, the costs of natural gas increases are primarily due to transfers issue before the conference and during for electric power generation increased 300 of funds from other accounts, and for the conference. percent between 2000 and 2005. that reason I would strongly discour- Mr. PUTNAM. We appreciate that. I look forward to working with my colleagues age any Member from offering an Obviously, the Wildlife Grant Fund is to support ensure that Florida has an ade- amendment to reduce this account. something that is a formula-driven quate protective buffer while looking to meet Nevertheless, the minor increases in process and was an imperfect vehicle, our long-term clean energy needs. basic science research funding are but we certainly wanted to take this Mr. PUTNAM. Mr. Chairman, I ask much appreciated, and I wanted to con- opportunity to make the important unanimous consent to withdraw the vey my appreciation. case for doing everything we can to amendment. But I rise today to discuss an issue of ameliorate what has become a deadly The CHAIRMAN. Is there objection pressing national importance: the situation this alligator mating season. to the request of the gentleman from cleanup and protection of the Great Mr. WELDON of Florida. Mr. Chairman, I Florida? Lakes. The Great Lakes comprise the rise to express my concerns about both the There was no objection. largest source of freshwater in the underlying Peterson amendment that was The CHAIRMAN. The Clerk will read. world, 20 percent of the Earth’s total adopted in the committee and the amendment The Clerk read as follows: and 95 percent of surface freshwater in offered by my colleague from Florida. I voted ADMINISTRATIVE PROVISIONS the U.S., and they provide drinking against the Peterson amendment when it was Appropriations and funds available to the water, transportation, and recreation offered in committee because it fails to include United States Fish and Wildlife Service shall to millions of people in the U.S. and the 100-mile buffer along Florida’s coast that be available for purchase of not to exceed 54 Canada. However, the Great Lakes are

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2798 CONGRESSIONAL RECORD — HOUSE May 18, 2006 plagued by contaminants from years of Mr. KIRK. Mr. Chairman, I thank my level while the Great Lakes program industrial pollution that have settled friend for yielding and strongly share received an increase, albeit a small into the sediments of tributaries to the his sentiments regarding the impor- one. lakes. These pollutants degrade the tance of funding the Great Lakes and I would be happy to work with my health of both humans and wildlife and especially the Great Lakes Legacy Act. colleagues to see if we might increase disrupt the beneficial uses of those wa- As the gentleman from Michigan funding for this program should addi- ters. The longer we take to clean up noted, the Great Lakes are a national tional funds be available when we go to these areas, the greater likelihood that treasure. Our history is filled with sup- conference with the Senate. the sediment will be transported into porting these national treasures, and Mr. EHLERS. Mr. Chairman, will the the open waters of the Great Lakes in 2000 Congress and the administra- gentleman yield? where cleanup is virtually impossible. tion rose to the occasion, providing a Mr. KIRK. I yield to the gentleman The Great Lakes Legacy Act, which restoration plan for the Everglades from Michigan. was enacted in 2002 in response to slow that yielded impressive results. Mr. EHLERS. Mr. Chairman, I thank cleanup progress, authorizes the EPA Today the country is beginning to the chairman for his assurance. I thank to clean up contaminated sediments in recognize a new effort. The Great him for his consideration. the Areas of Concern in the Great Lakes Regional Collaboration brought And I also wish to thank the Chair- Lakes. This Legacy Act has an added together local, State, and national offi- man of the Committee of the Whole advantage in that 35 percent of the cials and interests, including the ad- House for being generous with his time funding comes from the local commu- ministration, to work on a coherent and also for his outstanding work over nities and the States. The Legacy Act plan, a thorough plan for Great Lakes the years in working for the Great program was funded at about $29 mil- restoration and protection. Last De- Lakes. lion last year, and the authorization is cember all Great Lakes Collaboration Mr. KIRK. Mr. Chairman, I thank $50 million. The bill your committee members met and endorsed this proc- these two chairmen. drafted provides a small increase to ess. But we must go further. We must The CHAIRMAN. The Clerk will read. $29.6 million. Frankly, I considered of- waste no time in moving forward with The Clerk read as follows: fering an amendment to boost this tangible changes in practice and fund- NATIONAL PARK SERVICE total to that recommended by the ing. The Great Lakes face a myriad of OPERATION OF THE NATIONAL PARK SYSTEM President, to near full funding of $49 threats, from invasive species to mer- For expenses necessary for the manage- million. I am also disappointed by the cury contamination to the effects of ment, operation, and maintenance of areas $500,000 cut to the Great Lakes Na- and facilities administered by the National tional Program Office, which operates long-term pollutants which are await- ing cleanup. These same Great Lakes Park Service (including special road mainte- the Legacy Act program, directs other nance service to trucking permittees on a re- are also an invaluable resource for EPA cleanup and protection actions in imbursable basis), and for the general admin- the lakes, and helps to coordinate the drinking water, recreation, and trans- istration of the National Park Service, activities of other Federal agencies portation purposes. And to protect $1,754,317,000, of which $9,829,000 is for plan- within the region. But I decided them we must increase coordination ning and interagency coordination in sup- against offering an amendment because and funding of Great Lakes programs. port of Everglades restoration and shall re- main available until expended; of which I recognize that limited resources are The Great Lakes Legacy Act provides an essential function: addressing sedi- $86,164,000, to remain available until Sep- available to you in this bill because of tember 30, 2008, is for maintenance, repair or your small allocation. ment contamination in areas of con- cern in the Great Lakes. My district rehabilitation projects for constructed as- I can assure you that I am not the sets, operation of the National Park Service only one concerned about these funding contains Waukegan Harbor, a contami- automated facility management software levels. Last year over 1,500 Federal, nated area that, if properly cleaned, system, and comprehensive facility condi- State, and local government officials, would increase the economic value of tion assessments; and of which $1,909,000 is scientists, engineers, and other stake- lakefront property by over $800 million. for the Youth Conservation Corps for high holders participated in the President’s Mr. KIRK. Mr. Chairman, I move to priority projects: Provided, That the only groundbreaking Great Lakes Regional strike the last word. funds in this account which may be made The Great Lakes Legacy Act funding available to support United States Park Po- Collaboration. This diverse group of ex- lice are those funds approved for emergency perts and advocates developed a stra- cleans one of our national treasures while simultaneously adding value to law and order incidents pursuant to estab- tegic action plan for restoring the lished National Park Service procedures, Great Lakes. Among the recommenda- the areas it addresses. those funds needed to maintain and repair tions was $150 million in annual fund- I strongly urge the chairman to lend United States Park Police administrative fa- ing for the Legacy Act. This funding his support to this program as we move cilities, and those funds necessary to reim- level is justified because of the success through the committee process. More burse the United States Park Police account of the six projects that are completed funding for the Great Lakes Legacy for the unbudgeted overtime and travel costs or underway or in the pipeline and nine Act is extremely important in the associated with special events for an amount not to exceed $10,000 per event subject to the other potential projects being consid- overall effort to clean up the Great Lakes and to restore the economy of review and concurrence of the Washington ered by the EPA. In fact, Federal and headquarters office: Provided further, That State officials involved in cleaning up our region. funds in this account may be spent without contaminated sediment have recently Mr. Chairman, I yield to the chair- regard to the ‘‘no net loss’’ of law enforce- estimated that 75 million cubic yards man of the subcommittee. ment personnel policy. of sediment need to be remediated at a Mr. TAYLOR of North Carolina. Mr. AMENDMENT OFFERED BY MR. WEINER total cost range of $1.6 billion to $4.4 Chairman, I appreciate the comments Mr. WEINER. Mr. Chairman, I offer billion. The comparatively small of the gentleman from Michigan and an amendment. amounts in the Legacy Act will help le- the gentleman from Illinois. I recog- The Clerk read as follows: nize the importance of the Great Lakes verage State, local, and private dollars Amendment offered by Mr. WEINER: and get some of these ready-to-go as a natural resource and an issue of Page 20, line 3, after the first dollar projects off the ground. national importance. I commend those amount, insert the following: ‘‘(increased by Chairman TAYLOR, I urge you to involved in the Regional Collaboration $1,000,000)’’. work with me and my Great Lakes col- for their work, which will provide re- Page 46, line 8, after the dollar amount, in- leagues on increasing funding for this search managers and policymakers sert the following: ‘‘(reduced by $1,000,000)’’. important, oversubscribed program, with a helpful guide in setting prior- Mr. WEINER. Mr. Chairman, on Sep- and help to jump-start restoration ef- ities and implementing critical re- tember 11, like so many institutions of forts for this national treasure. We source and protection programs. the Federal Government, everything simply cannot wait. The committee allocation did not came to a halt, including all the facili- I yield now to my friend from Illi- allow us to provide a sizable increase in ties of the national parks. Almost im- nois, a stalwart champion of Great the funding for the Great Lakes Legacy mediately thereafter, we began a proc- Lakes restoration and my Cochair of Act. Indeed, many programs in the bill ess to reopen them. We reopened them the Great Lakes Task Force, Mr. KIRK. are funded substantially below the 2006 literally but we also reopened them

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2799 symbolically to say, in the words of do their job and let us reopen Statue of The statue has long been recognized Secretary Norton from September 12 of Liberty to her crown. Doing anything by the intelligence community as one that year, ‘‘Even though atrocities else is, frankly, to cower in the face of of the highest profile targets for terror- such as those of September 11 can af- this challenge. This is not that dif- ists. After the events of 9/11, the De- fect us, they cannot close us down.’’ ficult a challenge, but I can tell you partment of the Interior made the deci- She said that while standing above this: It is certainly a symbolic one. To sion to close the statue to assess its Hoover Dam on September 12, 2001. say that we simply cannot allow future vulnerability to attack. Today, after a period of a couple of generations of children to climb up The Interior Department asked the months after September 11, all of the through the statue, to peer out and to Defense Threat Reduction Agency and facilities of the national parks were re- say, you know what, we are completely other recognized experts to conduct opened. Today these many years later, back on our feet after September 11, to bomb blast and other security analyses all of them are reopened except one, make this of all the symbols the one on the statue. Based on the results, the perhaps the most symbolic national that we refuse to open is simply a Park Service spent nearly $20 million park that there is, the Statue of Lib- shame. on numerous safety and security im- erty. The Statue of Liberty is still not What my amendment does is simple. provements. reopened. Why? Well, it is not for lack It does not say the words ‘‘Statue of They did open the statue, except for of money. We in Congress have allo- Liberty’’ anywhere. It takes $1 million the crown. The decision was made that cated more than $19 million to do secu- and moves it from a personnel account the visitors could not be properly pro- rity upgrades, to do improvements to to the equipment account to help them tected on the narrow spiral staircase in the facility. In fact, there has been provide security. But this is a chance the crown, the thinnest part of the over $6 million that was raised pri- and it is a chance for all of us in the statue, and the Department of the Inte- vately. We all remember the Statue of House to go on record and say reopen rior made the decision not to open that Liberty Foundation, major companies Statue of Liberty. If you need to come section. So I would urge defeat of this lined up, people sent in their coffee back, if you need to say to us there are amendment. Mr. WEINER. Mr. Chairman, will the tins. Boys and girls from around the considerations that we need to take country collected pennies and dimes gentleman yield? into account, we have never been shy Mr. TAYLOR of North Carolina. I and nickles to help reopen the Statue in this House in a bipartisan fashion of yield to the gentleman from New York. of Liberty. So it is not for lack of fund- accommodating the Park Service and Mr. WEINER. Mr. Chairman, I am ing. every other agency of government. concerned that the narrowness of the Frankly, the reason that the Statue b 1400 stairwell is such an inhibitor. We have of Liberty is still closed is the lack of some awful narrow passageways in this imagination and will on the part of the If they have a legitimate concern, we are Americans, we can solve those con- building. We have reopened the White Park Service. Over the course of years, House with very intricate security con- we in this House have said in many dif- cerns. This might be a difficult chal- lenge to make because they are nar- cerns. ferent ways either open it or tell us Certainly, with all of us putting our row. It is an old structure, it is a his- why you cannot. And each time they minds together, with the resources toric structure, it is a symbolic struc- said things like, well, we are still that we have, certainly we can figure thinking about it, we are pondering it, ture, it is an iconic structure. out a way. For example, we could say To simply say, well, you can go visit we are trying to figure it out. you can have no bags. We will have a The final analysis is quite clear. the island and pat Lady Liberty’s toes second security check. We will limit it They do not want to reopen it. They is not good enough. This is an oppor- only to a few dozen people a day. The are concerned they cannot possibly tunity for us to say reopen the Statue symbolism is so important, I can’t make it safe. Some of us have sug- of Liberty, and all of those of you who imagine we are technically unable to gested why not have no bags per- go on record and say ‘‘yes’’ to this secure this site. mitted? Why not say only a limited amendment, we will send a clear mes- Mr. TAYLOR of North Carolina. I am number of people can go in? Why not sage not only to the Park Service that not qualified to speak on why the intel- suggest that you have reservations in we mean business, but we will send a ligence service says this, but I would advance? Why not come to us and say clear message to terrorists who think yield to a gentleman to make a com- maybe we need additional security? No. we are going to start closing down our ment about who is qualified to make In fact, what they said is you can go to icons simply because they attack us. statements on that. the part that was built here in the We were bowed on September 11. We Mr. PEARCE. I thank the gentleman United States, but the iconic Statue of lost over 2,800 of my neighbors. But I for yielding and I appreciate the con- Liberty that all of us remember climb- can tell you this: the closest national cerns of the gentleman from New York. ing up to when we were children is park to Ground Zero still being closed As the National Parks Subcommittee closed. It is the only national park is an insult to their memory, and this chairman, I would say that this issue that is. is an opportunity for us to do some- has not been brought to us and that we It is a shame. In fact, in the words of thing. would gladly hold a hearing on it. the Daily News, it is worse than a I want to thank in advance the gen- On my own last year, Mr. Chairman, shame. It says we need to break the tleman from Washington and the chair- last year in October I did go to the ties that bind Miss Liberty and that man of the subcommittee for their in- Statue of Liberty to ask similar ques- continue to make her a laughingstock dulgence. This is a chance for us to do tions. The island is open. The statue is for al Qaeda. That might be strong, but the right thing and also do the sym- open to the base. I want to tell you something. It is hard bolic thing. Originally, the stairs all the way to to explain any other way how the one Mrs. MALONEY. Mr. Chairman, I rise the crown were installed for mainte- park that was closed after September in support of the amendment. nance. They are extremely narrow, and 11 is still closed. Let us have it reopen. (Mrs. MALONEY asked and was given the problem with evacuations, I forget And if the Park Service says we cannot permission to revise and extend her re- the exact time, but the time to evac- do it, we figured out a way to open the marks.) uate the statue is very high. Capitol. We figured out a way to open Mr. TAYLOR of North Carolina. Mr. Again, the gentleman talks about se- the Washington Monument. We figured Chairman, I rise in opposition to the curing the statue, and that is a plus out a way to open Hoover Dam. We fig- amendment. and a minus question. The idea of se- ured out a way to open up all of the Mr. Chairman, I can understand the curing the World Trade Center would other national parks. This one, we sim- gentleman’s concern. The Statue of have 5 years ago or 6 years ago been ply cannot figure it out. Liberty was reopened to the public on just, yes, it is possible. I don’t think we Have them come to us. Have them August 3, 2004, but the crown was not can anticipate all of the factors that come to Mr. DICKS and Mr. TAYLOR, opened at that time, and let me tell could come in. who have shown great creativity in you why the crown was not opened to Like I said, I would be more than finding ways to help the Park Service the public: safety and security. happy to look into the issue. I would be

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2800 CONGRESSIONAL RECORD — HOUSE May 18, 2006 happy to have public hearings, but I The question was taken; and the entering into a colloquy with the would like that request submitted to Chairman announced that the noes ap- chairman of the Interior Appropria- the Parks Subcommittee. peared to have it. tions Subcommittee. I would oppose the gentleman’s Mr. WEINER. Mr. Chairman, I de- Mr. Chairman, as chairman of the amendment, with all due respect. I un- mand a recorded vote. House Resources Subcommittee on Na- derstand what he is trying to do, and I The CHAIRMAN. Pursuant to clause tional Parks, I am deeply concerned understand the frustration. I am not 6 of rule XVIII, further proceedings on with the fate of our national parks always on the side of the park’s man- the amendment offered by the gen- along our southern border, Organ Pipe agement team, but in this case I have tleman from New York will be post- Cactus National Monument, Coronado been; and I have taken a look at it my- poned. National Monument, Big Bend Na- self and see the problems they are Mr. MCHENRY. Mr. Chairman, I tional Park, Amistad National Recre- wrestling with. No amount of money move to strike the last word for the ation Area, Padre Island, National Sea- can change the size and scope of the purpose of entering into a colloquy shore and others. Both staff and I have stairways. It is limited by the inside with the chairman. seen firsthand the wanton destruction diameter of the statue itself. Chairman Taylor, thank you for your and detrimental effects that illegal im- I recognize what your concern is. Our leadership for North Carolina. We are migration and drug-running has had on attempt in going to see so many parks so grateful in our State for your stead- some of our most fragile desert envi- is to see how we can increase visita- fast work and dedication to the cause ronments in our country. tion, how we can increase the enjoy- of decreasing the size and scope of gov- It has become so bad at Organ Pipe ment. So you and I are approaching ernment. I just want to commend you Cactus National Monument that up to this from a very similar fashion. But, for that work. one-third of the park is now closed to myself, I struggle. I would like to discuss an important the public because the area is occupied The Park Service did have a signifi- issue in my district, as well as for by armed drug traffickers, and park cant study, a multiple-page study; I western North Carolina. have copies of that and would be happy In recent months, one of the most employees cannot work throughout the to share them with the Members of the pressing matters that the Unifour Air park without an armed escort. We are Chamber. But, Mr. Chairman, I would Quality Committee, which is comprised not talking about potential impacts or oppose the amendment. of representatives from various organi- future problems. These damages are oc- Mr. DICKS. Mr. Chairman, will the zations in four counties in western curring as we speak. gentleman yield? North Carolina within my district, has I believe the National Park Service Mr. TAYLOR of North Carolina. I been dealing with is the accurate moni- has blatantly ignored the congressional yield to the gentleman from Wash- toring and control of fine particulate mandate to conserve these resources, ington. matter emissions, better known as PM including a number of listed species, Mr. DICKS. Are you suggesting a 2.5, specifically in Catawba County. unimpaired for the enjoyment of future public hearing? As you know, PM 2.5 monitor read- generations. Mr. PEARCE. Yes, I would be happy ings at the Water Tower monitoring While the U.S. Border Patrol is doing to do public hearings. Since I have been site, maintained in Catawba County by what it can to slow the flow of illegal chairman, just almost a year, I suspect the North Carolina Division of Air activities through our parks, resource we have done oversights or hearings on Quality, recently indicated an annual protection is not their priority. The business plans and the numbers of visi- reading slightly above 15 micrograms National Park Service must be given tors coming into parks. We have done per cubic meter for PM 2.5, although the manpower to protect the visiting two field hearings. We have done hear- the measurement was within the equip- public and the national resources. ings on access for the handicapped. ment’s margin of error. Thus, Catawba Mr. TAYLOR of North Carolina. I, So we have done multiple, multiple County has been placed in non-attain- too, am aware of this increasingly dif- oversight on subjects such as this. I ment status for PM 2.5. ficult situation, not just in the na- would be happy to work with the gen- Mr. TAYLOR of North Carolina. I am tional parks, but along other public tleman. aware of this situation. I understand lands funded in this bill. They comprise Mrs. MALONEY. Mr. Chairman, I rise in that the Environmental Protection 43 percent of the border, the southern support of my colleague from New York’s Agency should soon be releasing the re- border. We need to work together. I amendment that would re-open all of the Stat- sults of the March audit for the Ca- would like to travel to that area. Per- ute of Liberty, the symbol of American free- haps we could hold a hearing in that dom. When our Nation was attacked on Sep- tawba area. Mr. MCHENRY. I thank the chair- area to draw the attention necessary. tember 11, 2001, a number of our national man. It is also my understanding of the We need to work with our friend and landmarks were temporarily closed to the pub- former colleague, Rob Portman, once lic for security reasons. It is now four and a EPA audit. We hope to have the results of the audit as soon as possible so the he is confirmed as the new director of half years since that terrible day, and only one OMB to ensure that adequate funds are of these national treasures remains closed— Unifour Air Quality Committee can best determine what proactive steps provided to protect these lands. Lady Liberty. Visitors to Liberty Island, which We have very little money for park remains open while most of the statute is need to be taken to control and mon- rangers for 43 percent of the border. closed, have been down as much as 50 per- itor PM 2.5 emissions effectively. We However, I believe that this is pri- cent from pre-9/11 levels, and that hurts the also hope that the EPA has given care- marily the responsibility of Homeland economy of New York City. ful consideration in its audits to the Mr. Chairman, when terrorists attacked our maps and other data the Unifour Air Security. This subcommittee has ex- country, they hoped that they could restrict our Quality Committee provided to the pressed its concern to the administra- freedom and our way of life. They miscalcu- EPA in an effort to place the PM 2.5 tion over the past 4 years about addi- lated the tremendous freedom-loving spirit of monitoring data in context. tional Homeland Security duties im- New Yorkers and Americans, who have Mr. TAYLOR of North Carolina. I posed on agencies like the Park Serv- showed their resilience. But it would be a tre- thank you, Congressman MCHENRY. I ice without providing additional funds. mendous additional display of our Nation’s appreciate your leadership on this im- We also find in many other tribal lands ever-lasting freedom to re-open the Statute of portant issue and assure you that I will that we are having some of the same Liberty and to welcome visitors from around look forward to working with you on problems. the world back to the statute that has long this issue. The committee will be in Mr. PEARCE. I would like to thank been a signal of hope. The Park Service contact with EPA on the monitoring of the chairman for his recognition of a shouldn’t have to resort to essentially holding PM 2.5 emissions in the Catawba area serious problem and take seriously his a bake sale for private donations to try to get of North Carolina. Thank you for your commitment to meet with both Direc- it re-opened. Our Nation’s beacon of liberty effort. tor Mainella and incoming OMB Direc- deserves better than that. Mr. MCHENRY. Thank you, Mr. tor Portman to discuss what we can do. The CHAIRMAN. The question is on Chairman. I think if we address this serious grow- the amendment offered by the gen- Mr. PEARCE. Mr. Chairman, I move ing problem, then your willingness to tleman from New York (Mr. WEINER). to strike the last words for purposes of work with us will cause the situation

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2801 to become much better for the public liveries to Everglades National Park shall be The National Park Service may distribute to be better served and for the Park available for obligation if any of the funds to operating units based on the safety record Service to be better served. I thank the appropriated to the Army Corps of Engineers of each unit the costs of programs designed chairman for his indulgence. for the purpose of implementing modified to improve workplace and employee safety, water deliveries, including finalizing de- and to encourage employees receiving work- The CHAIRMAN. The Clerk will read. tailed engineering and design documents for ers’ compensation benefits pursuant to chap- The Clerk read as follows: a bridge or series of bridges for the Tamiami ter 81 of title 5, United States Code, to re- UNITED STATES PARK POLICE Trail component of the project, becomes un- turn to appropriate positions for which they For expenses necessary to carry out the available for obligation: Provided further, are medically able. programs of the United States Park Police, That none of the funds provided under this If the Secretary of the Interior considers $84,775,000. heading for implementation of modified that the decision of any value determination NATIONAL RECREATION AND PRESERVATION water deliveries to Everglades National Park proceeding conducted under a National Park shall be available for obligation if the con- Service concession contract issued prior to For expenses necessary to carry out recre- sent decree in United States v. South Florida November 13, 1998, misinterprets or ation programs, natural programs, cultural Water Management District is terminated misapplies relevant contractual require- programs, heritage partnership programs, prior to the achievement of the requirements ments or their underlying legal authority, environmental compliance and review, inter- of the consent decree as set forth in Appen- then the Secretary may seek, within 180 days national park affairs, and grant administra- dix A and Appendix B, including achieve- of any such decision, the de novo review of tion, not otherwise provided for, $47,161,000: ment of the 10 parts per billion numeric the value determination by the United Provided, That none of the funds in this Act phosphorus criterion throughout the A.R.M. States Court of Federal Claims. This Court for the Rivers, Trails and Conservation As- Loxahatchee National Wildlife Refuge and may make an order affirming, vacating, sistance program may be used for cash agree- Everglades National Park: Provided further, modifying or correcting the determination. ments, or for cooperative agreements that That hereafter, notwithstanding any other In addition to other uses set forth in sec- are inconsistent with the program’s final provision of law, procurements for the Na- tion 407(d) of Public Law 105–391, franchise strategic plan. tional Mall and Memorial Park, Ford’s The- fees credited to a sub-account shall be avail- HISTORIC PRESERVATION FUND atre National Historical Site accessibility able for expenditure by the Secretary, with- For expenses necessary in carrying out the and infrastructure improvements may be out further appropriation, for use at any unit Historic Preservation Act of 1966, as amend- issued which include the full scope of the within the National Park System to extin- ed (16 U.S.C. 470), and the Omnibus Parks and project: Provided further, That the solicita- guish or reduce liability for Possessory In- Public Lands Management Act of 1996 (Pub- tion and contract shall contain the clause terest or leasehold surrender interest. Such lic Law 104–333), $58,658,000, to be derived ‘‘availability of funds’’ found at 48 CFR funds may only be used for this purpose to from the Historic Preservation Fund and to 52.232.18. the extent that the benefiting unit antici- pated franchise fee receipts over the term of remain available until September 30, 2008, of LAND AND WATER CONSERVATION FUND which $15,000,000 shall be for Save America’s the contract at that unit exceed the amount (RESCISSION) Treasures for preservation of nationally sig- of funds used to extinguish or reduce liabil- nificant sites, structures, and artifacts and The contract authority provided for fiscal ity. Franchise fees at the benefiting unit of which $3,000,000 shall be for Preserve year 2007 by 16 U.S.C. 460l–10a is rescinded. shall be credited to the sub-account of the America grants to States, Tribes, and local LAND ACQUISITION AND STATE ASSISTANCE originating unit over a period not to exceed communities for projects that preserve im- For expenses necessary to carry out the the term of a single contract at the bene- portant historic resources through the pro- Land and Water Conservation Act of 1965, as fiting unit, in the amount of funds so ex- motion of heritage tourism: Provided further, amended (16 U.S.C. 460l–4 through 11), includ- pended to extinguish or reduce liability. That any individual Save America’s Treas- ing administrative expenses, and for acquisi- UNITED STATES GEOLOGICAL SURVEY ures or Preserve America grant shall be tion of lands or waters, or interest therein, SURVEYS, INVESTIGATIONS, AND RESEARCH matched by non-Federal funds: Provided fur- in accordance with the statutory authority For expenses necessary for the United ther, That individual projects shall only be applicable to the National Park Service, States Geological Survey to perform sur- eligible for one grant: Provided further, That $29,995,000, to be derived from the Land and veys, investigations, and research covering competitive projects to be funded shall be Water Conservation Fund and to remain topography, geology, hydrology, biology, and approved by the Secretary of the Interior in available until expended, of which $1,625,000 the mineral and water resources of the consultation with the House and Senate is for the State assistance program adminis- United States, its territories and posses- Committees on Appropriations and with the tration: Provided, That none of the funds pro- sions, and other areas as authorized by 43 Advisory Council on Historic Preservation vided for the State assistance program may U.S.C. 31, 1332, and 1340; classify lands as to prior to the commitment of Preserve Amer- be used to establish a contingency fund. their mineral and water resources; give engi- ica grant funds. ADMINISTRATIVE PROVISIONS neering supervision to power permittees and CONSTRUCTION Appropriations for the National Park Serv- Federal Energy Regulatory Commission li- For construction, improvements, repair or ice shall be available for the purchase of not censees; administer the minerals exploration replacement of physical facilities, including to exceed 233 passenger motor vehicles, of program (30 U.S.C. 641); conduct inquiries the modifications authorized by section 104 which 193 shall be for replacement only, in- into the economic conditions affecting min- of the Everglades National Park Protection cluding not to exceed 190 for police-type use, ing and materials processing industries (30 and Expansion Act of 1989, $229,934,000, to re- 11 buses, and 6 ambulances: Provided, That U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and main available until expended: Provided, none of the funds appropriated to the Na- related purposes as authorized by law; and to That none of the funds available to the Na- tional Park Service may be used to imple- publish and disseminate data relative to the tional Park Service may be used to plan, de- ment an agreement for the redevelopment of foregoing activities; $991,447,000, of which sign, or construct any partnership project the southern end of Ellis Island until such $64,171,000 shall be available only for co- with a total value in excess of $5,000,000, agreement has been submitted to the Con- operation with States or municipalities for without advance approval of the House and gress and shall not be implemented prior to water resources investigations; of which Senate Committees on Appropriations: Pro- the expiration of 30 calendar days (not in- $7,882,000 shall remain available until ex- vided further, That notwithstanding any cluding any day in which either House of pended for satellite operations; of which other provision of law, the National Park Congress is not in session because of ad- $21,083,000 shall be available until September Service may not accept donations or services journment of more than 3 calendar days to a 30, 2008, for the operation and maintenance associated with the planning, design, or con- day certain) from the receipt by the Speaker of facilities and deferred maintenance; of struction of such new facilities without ad- of the House of Representatives and the which $2,000,000 shall be available until ex- vance approval of the House and Senate President of the Senate of a full and com- pended for deferred maintenance and capital Committees on Appropriations: Provided fur- prehensive report on the development of the improvement projects that exceed $100,000 in ther, That funds provided under this heading southern end of Ellis Island, including the cost; of which $175,597,000 shall be available for implementation of modified water deliv- facts and circumstances relied upon in sup- until September 30, 2008, for the biological eries to Everglades National Park shall be port of the proposed project: Provided further, research activity and the operation of the expended consistent with the requirements That not to exceed $66,000 of funds available Cooperative Research Units; and of which, of the fifth proviso under this heading in to the National Park Service in this Act may $13,000,000 shall be available only for the Public Law 108–108: Provided further, That be used to provide a grant to the Washington Mid-Continent Mapping Center (MCMC) in funds provided under this heading for imple- Tennis and Education Foundation for recre- Rolla, Missouri to continue functioning as a mentation of modified water deliveries to ation and education programs to be offered full service mapping organization: Provided, Everglades National Park shall be available to at-risk school children in the District of That none of the funds made available under for obligation only if matching funds are ap- Columbia. this Act may be used to consolidate the func- propriated to the Army Corps of Engineers None of the funds in this Act may be spent tions, activities, operations, or archives of for the same purpose: Provided further, That by the National Park Service for activities the Mid-Continent Mapping Center (MCMC), none of the funds provided under this head- taken in direct response to the United Na- located in Rolla, Missouri, into the National ing for implementation of modified water de- tions Biodiversity Convention. Geospatial Technical Operations Center

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2802 CONGRESSIONAL RECORD — HOUSE May 18, 2006 (NGTOC): Provided further, That none of the the Interior Department Inspector The CHAIRMAN. Is there objection funds provided for the biological research ac- General. to the request of the gentleman from tivity shall be used to conduct new surveys Both found the process leading to the Colorado? on private property, unless specifically au- decision to consolidate the facilities There was no objection. thorized in writing by the property owner: was open, fair and adequate. The mis- Mrs. EMERSON. Mr. Chairman, I Provided further, That no part of this appro- priation shall be used to pay more than one- sion of the USGS is to serve the Nation move to strike the last word. half the cost of topographic mapping or by providing reliable, scientific infor- Mr. Chairman, I am pleased that the water resources data collection and inves- mation to describe and understand the gentleman has decided to withdraw his tigations carried on in cooperation with Earth, minimize loss of property from amendment, because if he had been States and municipalities. natural disasters, manage water, bio- studying this issue as long as we had in b 1415 logical energy and mineral resources Missouri you would find, number one, and enhance and protect the quality of that the cost of moving the mapping AMENDMENT NO. 8 OFFERED BY MR. TANCREDO life. facility to Denver, Colorado, is an in- Mr. TANCREDO. Mr. Chairman, I Its mission is not to maintain anti- crease to taxpayers of $2,069,322, and a offer an amendment. quated facilities or outmoded para- 13.8 percent increase over the cost The CHAIRMAN. The Clerk will des- digms to serve the parochial interests today of managing this program. ignate the amendment. of the State or the Nation. Now, let me just give you a little bit The text of the amendment is as fol- Mr. Chairman, I do intend to with- of history about this. Originally the lows: draw this amendment, but I first would goal was to consolidate the four USGS Amendment No. 8 offered by Mr. yield to my colleague from Colorado. mapping sites and find the office that TANCREDO: Mr. UDALL of Colorado. Mr. Chair- would be most competitive against the Page 28, line 14, strike ‘‘; and of which’’ and man, I rise in support of this amend- private sector. This is according to the all that follows through ‘‘Provided further,’’ ment. former USGS Director. And Rolla, Mis- on line 22. Mr. Chairman, the gentlemen makes souri, the facility that we have today, Mr. DICKS. Mr. Chairman, I reserve a a compelling point that we would be has scored the best out of all of the cri- point of order on this amendment. We following the recommendations of a teria that the USGS committee put to- have not seen the amendment. The number of groups. Primarily the Bush gether for this planning. As a matter of gentleman has not shown us the administration has pointed out that fact, it scored 4.18 out of a possible 5, amendment. this is a sound business decision that is and Denver scored 2.84 out of a 5. The The CHAIRMAN. The point of order fair to the taxpayers. USGS planning committee actually is reserved. I believe the gentlemen’s amendment recommended that the mapping center Mr. TANCREDO. Mr. Chairman, this should be supported today, but we will be located in Rolla, but it was subse- amendment will strike language added support whatever decision he decides is quently decided by one individual with- during the committee markup that appropriate. in USGS to move it arbitrarily, so that prevents the U.S. Geological Survey The amendment would remove language it would lose against private competi- from consolidating its older and obso- from the bill requiring the USGS to have a ‘‘full tors. lete mapping centers into a single con- service mapping organization’’ at a specific lo- And let me also say that the Inspec- solidated national geospatial technical cation. tor General who did a report at the re- operations center. The Interior Department says that this would quest of Senators BOND, TALENT and I, According to the agency, the consoli- require them to continue to use outdated tech- has found that USGS ‘‘failed to effec- dation is critical to the USGS’s ability nology and would block them from their plans tively and transparently demonstrate to lead the Nation in facilitating and to consolidate mapping operations. the entirety of its criteria or commu- leveraging geospatial information serv- The Bush Administration objects to the lan- nicate the magnitude of its rationale.’’ ices. guage now in the bill because they say it is In effect, the decision was made by one The centers USGS is attempting to not fiscally responsible and would reduce their person who dismissed an entire team consolidate were established many ability to provide needed geospatial informa- and planning process which was con- years ago to support a large field-based tion. vened to select the site. In a letter to the appropriations committee, workforce spread out across the coun- Mr. Chairman, I would like to yield the Interior Department describes their plans try when map production involved ex- to my colleague from Missouri (Mr. as being ‘‘a sound business decision’’ that is haustive field survey and was more HULSHOF). manually intensive. That was fine back ‘‘fair to the taxpayers.’’ Mr. HULSHOF. I appreciate first of I think that description is accurate, showing then, but it makes no sense now. all the tone in which the gentleman of- that even this Administration sometimes gets USGS, by their own admission, no fers this amendment. In the health longer manually collects and plots this things right. So, I think that on this matter we should do care field, the Hippocratic Oath says kind of information, nor do they print what they suggest. first do no harm. A colloquialism from a large volume of maps. Advanced I urge adoption of the amendment. the outstate Missouri region that I technologies like remote sensing, we Mr. TANCREDO. I yield to the gen- think is appropriate here is, if it ain’t have all seen Google Earth, along with tleman from Colorado. broke, don’t fix it. consumer demand for easy access to Mr. BEAUPREZ. I thank the gen- I can assure my friend from Colorado digital products have the USGS role. tleman for yielding. that the National Geospatial Technical The language in my amendment Mr. Chairman, I would join with my Operations Center in Rolla, Missouri, is would strike needlessly imposing a 20th additional colleague from Colorado in a bargain for America’s taxpayers and century paradigm on an agency that is supporting the gentleman’s amend- then some. The 160 employees at USGS desperately trying to make its way ment. I entered into a colloquy earlier Rolla are extremely proficient and pos- into the 21st century. This consolida- on the debate over the underlying bill sess a specialized technical skill. In tion is not only saving taxpayers and had that colloquy with the chair- fact, I heard the word ‘‘obsolete.’’ money, but it will create a more effec- man of the subcommittee, and so my These specialized individuals worked tive, efficient and modern USGS that is comments are in the RECORD. But I too around the clock to produce digital better prepared to work with partners am very supportive. I want to be on data sets of graphics in the aftermath in the State, local and private sectors. record as supporting the gentleman’s of Hurricanes Rita and Katrina. In addition, it will make the agency amendment in every way, shape and USGS Rolla continually provides the more user friendly, a better place to re- form, and join my colleague, Mr. most current imagery and other spond to the needs of the most impor- UDALL, as well. geospatial data to the Departments of tant customers, the U.S. taxpayer. Mr. TANCREDO. Mr. Chairman, re- Homeland Security and Defense. They This consolidation plan announced in claiming my time. I hope we can work form useful partnerships with Fort September of last year has been rigor- together on this issue. Leonard Wood as well as University of ously reviewed twice, once by an inter- Mr. Chairman, I ask unanimous con- Missouri Rolla. The latter especially nal USGS review team and again by sent to withdraw the amendment. focuses on earthquake preparedness, as

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2803 the gentlewoman from southeast Mis- this delisting petition to death by Mr. Chairman, I would like to take this op- souri knows is so important in re- delay. portunity to talk about an important site called sponse to the New Madrid fault. Mr. TAYLOR of North Carolina. Will Fort King, Florida, a site prominent in Amer- USGS is not obsolete. It does play a the gentleman yield? ican history. Specifically, Fort King is the site critical role in Rolla in disaster re- Mr. TANCREDO. I yield to the gen- where Chief Osceola fought against the United sponse, and is the best and most afford- tleman from North Carolina. States, in a chapter of American history, the able choice for this functionality. Mr. TAYLOR. Mr. Chairman, I sym- Second Seminole War from 1835–1842. pathize with the gentleman’s position. Mrs. EMERSON. Mr. Chairman, re- My home (and Representative RIC KEL- The Director of the Fish and Wildlife claiming my time, I want to thank the LER’s), Ocala, Florida, is home to Fort King. Service has informed the committee gentlemen from Missouri. I also want This Fort played a direct role in the founding to point out to my colleagues from Col- that he does not anticipate further delays in the delisting decision. of Florida as a State. orado that the USGS facility in Rolla Secretary of the Interior Gale Norton des- provides geospatial data to the border I would be happy to work with the gentlemen to ensure that the Service ignated Fort King a National Historic Land- health issue, which I know is of great lives up to that commitment. I appre- mark on February 24, 2004, to our great de- interest to the gentlemen. ciate the gentleman calling that to our light. Then, in November 2005, Fort King en- And I do want to correct a mistake. attention. tered a Draft Special Resource Study and En- I did say that Denver scored 2.84 out of Mr. TANCREDO. I appreciate the vironmental Impact Statement public comment 5 as compared to Rolla, which was 4.18. chairman’s attention to this issue. It is period. This continues, and we look forward to Denver actually scored 3.11 out of 5, as an extremely critical one in my area. moving Fort King along in the process of pres- compared to 4.18 for Rolla. Mr. STEARNS. Mr. Chairman, I move ervation. And now, I am working towards pre- Mr. TANCREDO. Mr. Chairman, I to strike the last word. serving Fort King in perpetuity as a National move to strike the last word. I would Mr. Chairman, I had an amendment Park. My good friend and colleague in the like to engage in a colloquy with the that I was going to offer and then with- neighboring District, the Honorable RIC KEL- chairman. draw it. So I think all I am going to do LER, who also represents Ocala, has collabo- Mr. Chairman, I had intended to offer today is place my statement in the rated with me on this effort. an amendment that would prevent the RECORD and speak briefly in a colloquy Historic sites are a vital link between current use of funds to delay action on a peti- with the chairman about this. and future generations of Americans and tion to remove the so-called Preble’s Mr. Chairman, I want to bring to my those who came before us. These landmarks Jumping Mouse from the Endangered colleagues’ attention a very important give context to the national experience and Species List. site called Fort King, which is in Flor- help us understand our past so that we can I say so-called, because in December ida. It is in my hometown of Ocala. It envision our future. of 2003, a scientific study conducted by is a very prominent place in American biologists and the Chair of the Denver history. Fort King is a site where Chief What happened at Fort King? It is a very Museum of National History’s zoology Osceola fought against the United long story, about which I will elaborate longer department, concluded that the States in the chapter of American his- on another occasion. The abbreviated story is Preble’s Mouse is, in fact, not really a tory, the Second Seminole War. This is that on December 28, 1835, Fort King was the valid subspecies at all. from 1835 to 1842. site of an outbreak of hostilities between the Ms. Ramey’s findings contradicted a This site in Ocala, Florida is rep- United States Government and the Seminole 1950 study based on just three museum resented by my good friend, Congress- Indians. The Seminoles were led in this attack specimens. That was the basis of the man KELLER, who also supports the by Chief Osceola. This attack began the Sec- original ‘‘threatened’’ designation. idea of making Fort King part of a Na- ond Seminole War, which lasted longer than Ironically, the Arizona professor who tional Historic Landmark, because it any other United States armed conflict, except conducted the study a half century ago played such a distinct role in the for the Vietnam War. himself now agrees that Ramey’s re- founding of our wonderful State of Chief Osceola’s first appearance to the search invalidates his findings. Florida. world was at Fort King in October 1834. The In early 2005, in the wake of Ramey’s Secretary of the Interior Gail Norton defiant young war chief rejected the U.S. or- study, the U.S. Fish and Wildlife Serv- designated Fort King a National His- ders to leave Florida and threatened war un- ice determined the petition to delist toric Landmark on February 24, 2004, less the Seminoles were left alone. There was the mouse was warranted, and the and we were greatly pleased. Then in no trust left between the U.S. Army and the agency began the delisting process. November, 2005, Fort King entered a Seminoles. Then came the fateful day of De- Better late than never, although that draft special resource study and envi- cember 28, 1835. That morning 40 miles to ronmental impact statement public belated policy shift is not much of a the south along the Fort King Road, the Semi- comment period. consolation to those who have coughed noles ambushed and annihilated two compa- This continued, Mr. Chairman, and up an estimate $8 to $17 each year in nies of U.S. Army regulars in route to Fort we look forward to moving Fort King King. That afternoon, Osceola shot and killed compliance costs. along in the process, and so now I am Mr. Chairman, I believe that Dr. the Indian Agent Wiley Thompson outside the working toward preserving Fort King Ramey’s work and the courage of walls of Fort King. The Second Seminole War in perpetuity as a National Park. had begun. former Interior Secretary Gail Norton Mr. Chairman, I would like to bring During the 7 year guerrilla war that followed, to take action on it were important this to your attention. We have put in every major general and every regiment of the steps in our effort to base conservation a request to fund it, and I think my U.S. Army was stationed at or passed through decisions on science instead of politics only purpose today is to bring it to the Fort King: men who would gain fame in the or emotion. chairman and his staff’s attention how Mexican and Civil Wars. And here stood the Unfortunately, however, progress is important it is to the history of Flor- enlisted men: Bemrose, Clarke, and hundreds stalled. In January of this year, the bu- ida and its founding, and then if you in of others who served in the Florida War. reaucracy questioned the Ramey study, the future would consider it, that and in February the agency pushed would be utmost appreciated. Following the initial series of engagements, back a decision on the delisting peti- Mr. Chairman, I would be glad to most of which the Seminoles won, U.S. forces tion for another 6 months. yield to Chairman Taylor. withdrew from the interior of Florida aban- Mr. Chairman, I feel the agency is Mr. TAYLOR of North Carolina. Mr. doning Fort King in May 1836. The Seminoles falling back into the all too familiar Chairman, I thank the gentlemen. I do stood victorious, and. burned the hated Fort analysis paralysis that has become the recognize and appreciate you drawing King to the ground. But it would be a short hallmark of the Federal resources it to our attention, the significance of lived victory, when the Army returned a year agency. the history of this matter, and we will later and rebuilt Fort King. Quick action on this petition is ex- take a look at it and see what we can When it finally ended in 1842, most of the tremely important to the people of my do to work with the gentlemen. Seminoles had been killed or captured and re- congressional district. I hope we can Mr. STEARNS. Mr. Chairman, re- located to Indian Territory in Oklahoma. These work together to ensure the agency’s claiming my time. I thank the gen- native Americans constitute the Seminole Na- bureaucrats do not successfully subject tleman. tion of today. An unconquered and defiant few

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 D:\FIX-CR\H18MY6.REC H18MY6 H2804 CONGRESSIONAL RECORD — HOUSE May 18, 2006 withdrew to the vastness of the Florida Ever- On June 12, 2003 the National Park System est stand of heavy fuel loads left in the glades and survived to the present as the Advisory Board unanimously recommended forest, which are providing large-scale Seminole Tribe of Florida. Fort King for National Landmark status. size forest fires throughout Arizona. On February 24, 2004 Fort King was des- In March 1843, Fort King was abandoned ignated as a National Landmark. The last fire we had in our State by the U.S. Army for the last time and trans- broke the State record from the pre- WHY A NATIONAL PARK? vious fire, which was over 560,000 acres. ferred to the people of Marion County. The Since the early 1900s local citizens recog- Fort was used as the County’s first courthouse nized the historical value of this site not Communities like Flagstaff and Pay- and public building. In 1846, it was dismantled only to our community but to the nation, son and Prescott, are entrenched with by the citizens of Marion County for its lumber. On a national level, Fort King played a key a fuel load around them that is making The great pines had done their job. role in the Second Seminole War and is it a threat to live in this community Fort King and the surrounding area contain strongly associated with the broader na- and causing the insurance rates to sky- artifacts used in the attack and in the life of tional themes of Indian Removal and Jack- rocket. the Seminole Indians. Preserving our past for sonian Democracy, Manifest Destiny and Westward Expansion. The fort also had b 1430 our children and grandchildren is imperative. strong ties to persons, such as the famous Fort King is a historical gem that should be Severe drought, bark beetle infesta- Seminole Indian leader Osceola and General tion, and poor forest management have accessible to all. This site is significant, not Wiley Thompson, who are significant in the only in Florida’s history, but to the history of history of our country. Most of the West all led to this kind of a condition. the Nation. I have been working on advancing Point graduates during this time period I would ask, please, and would thank Fort King through National Historic Landmark served at Fort King. both gentlemen that the report lan- status towards hopeful, eventual National Park Compared to other Second Seminole War guage include some of the boundary sites, Fort King contains the greatest wealth projects that need to go in place for Service status, for the past several years, and of intact subsurface features and artifacts am looking forward to see this project come to people who do live in the forest, who presently documented. Archaeologists have make their livings there, who raise fruition. Representative KELLER and I hope also found that the site contains several pre- their families there, to be able to sur- that I can count on the Chairman’s support to contact American Indian components, which preserve this unique historic site for future with further research could answer impor- vive through the next forest fire sea- generations. tant questions as to the transition between son. Our forest fire season begins in the Archaic (circa 2300–500BC) and Cades February, the earliest in the country, FORT KING HISTORY Pond (circa AD100–600) periods. Archae- and goes all the way to the end of au- Fort King was originally constructed in ological studies have already identified tumn. And I would like to thank both 1827 to implement the conditions of the Trea- structural and artifactual features that re- gentlemen for their work on this effort. ty of Moultrie Creek, which restricted Flor- late to the early post-military use of Fort ida Indians to specified reservation bound- Mr. TAYLOR of North Carolina. If King. This site has the potential to provide the gentleman will yield, I realize the aries and prohibited all but authorized per- important information about the establish- sons from entering the reservation. The fort, ment, early settlement and expansion of the threat of the forest fires in Arizona, which was located at the edge of the Semi- Florida peninsula. and I appreciate the hard work this nole Reservation, provided protection and se- The City of Ocala and Marion County were gentleman has done on this issue. I will curity to the inhabitants of Florida. politically and geographically established be happy to work with you to encour- On December 28, 1835 a band or Seminoles because of Fort King. This nationally signifi- age the Forest Service to work on the led by Osceola attacked and killed the Semi- cant historical resource fundamentally de- nole Indian Agent Wiley Thompson and sev- fire breaks and the hazardous fuel fines our sense of place, who we are as citi- projects in the vicinity of the Payson eral others at Fort King. Simultaneously, a zens and our role in our Nation’s history. force of Seminole and Black Seminoles at- and other areas such as the gentleman SIGNIFICANCE OF A NATIONAL PARK tacked 100 federal troops making their way represents in these important needs. The designation of Fort King as a National to Fort King from Fort Brooke. Only one sol- Mr. DICKS. Mr. Chairman, will the Park will provide citizens the opportunity to dier survived the attack. Most scholars con- experience the interpretive and educational gentleman yield? sider these two events as the beginning of benefits that the site has to offer. It will also Mr. RENZI. I yield to the gentleman the Second Seminole War. create a new recreational opportunity, which from Washington. Fort King played an important military is currently unavailable within the region, A Mr. DICKS. Mr. Chairman, I want to role throughout the Second Seminole War by National Park will attract visitors not only serving as a council site for negotiations be- associate myself with the chairman’s to this region but to the State of Florida. tween Seminole and the U.S. Government remarks and the gentleman’s remarks. Most importantly, the citizens of Ocala/ and as headquarters for the U.S. Army of the These are very serious issues. I would Marion County are very proud of their herit- South. age and have gone to great lengths to contin- just say one thing: also in this bill is a CHRONOLOGY OF ENDEAVORS TO SAVE THE FORT ually try to preserve it for future genera- sense of Congress on global warming, KING SITE tions. The City of Ocala, Marion County, the on the warming of our climate; and one The Ocala Chapter of the Daughters of the Historic Ocala Preservation Society, the of the things that the scientists talk American Revolution purchased one acre of Marion County Black Archives, the Marion about is more severe droughts. And land that was thought to have the Fort King Country Historical Commission, the Marion this warming will exacerbate this prob- cemetery located on it in the 1930s. County Museum of History, the Seminole lem if we don’t do something about it. Hurricane Gladys blew over a pine tree in War Foundation and many individuals have So I just would say to the gentleman, 1968, exposing a cellar from a building associ- worked tirelessly to save buildings, sites and because I know he is extremely sincere ated with Fort King. historic information as well as to create 1988—1991: Ocala received matching grants local preservation laws. These preservation in his efforts to deal with protecting from the Florida Department of State, Divi- efforts would not have been possible were it and allowing the clearing out of this sion of Historical Resources, for archae- not for the continuous help and support from understorage, you have got to also ological auger surveys to find the location of the State of Florida. think about the severity of these Fort King. The grants totaled $56,000. Ground Mr. RENZI. Mr. Chairman, I rise to droughts which is being made worse by penetrating radar was used and foundations strike the last word for the purpose of the warming of the climate. So they from structures were recorded on the high engaging the chairman in a colloquy. are interrelated. ground. Mr. RENZI. Reclaiming my time. I In August 1991, the Marion County Board Mr. Chairman, I want to begin by of County Commissioners voted to proceed thanking the chairman for his hard appreciate the gentleman’s comments. with the attempt to purchase the Fort King work on the National Fire Plan and We in Arizona understand warming, site, using funds from the ‘‘Pennies for also for the ranking member. The $2.7 the sunshine State; and our initiatives Parks’’ program. billion in funding under the National are more towards the area of trying to The Marion County Commission with the Fire Plan increases the amount over thin the forest. We are so far behind in help of the McCall family, City of Ocala, Bu- last year by $80 million. It is essential getting those fuel loads out, and I reau of Historic Preservation and Trust for in preventing forest fires throughout know the gentleman recognizes that. Public Lands pursued the acquisition of the And I do appreciate the chairman talk- site from 1988 to 2001. our Nation. In 2001 the County, City, and State pur- This map here shows the largest ing about the town of Payson, Arizona, chased the entire Fort King site with the southern Ponderosa pine forest in which we almost lost last year, an en- City agreeing to maintain and protect the America. I know the gentleman is very, tire community where the fire was site. very familiar with it. We have the larg- burning so hot and so fast it actually

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2805 blew embers a mile and a half in the air pointed to represent the United States in the Amendment No. 11 offered by Mrs. as they were landing in and near that negotiation and administration of interstate MALONEY: community. So I thank you very much compacts: Provided, That activities funded Under ‘‘Minerals Management Serv- icelroyalty and offshore minerals manage- for your comments. Mr. Chairman, I by appropriations herein made may be ac- complished through the use of contracts, ment’’, after the first dollar amount insert thank you for your hard work on the grants, or cooperative agreements as defined ‘‘(increased by $1,000,000) (reduced by National fire plan. in 31 U.S.C. 6302 et seq.: Provided further, $1,000,000)’’. Mr. POMBO. Mr. Chairman, I move That the United States Geological Survey Mrs. MALONEY. Mr. Chairman, the to strike the last word. may enter into contracts or cooperative Maloney-Miller amendment would di- Mr. Chairman, I rise to engage Chair- agreements directly with individuals or indi- rect $1 million of the overall appropria- man TAYLOR in a colloquy regarding rectly with institutions or nonprofit organi- tion for the Minerals Management the State Water Research Institute’s zations, without regard to 41 U.S.C. 5, for the Service to States and tribes for audit- program. temporary or intermittent services of stu- ing purposes. I understand that the ma- Mr. TAYLOR of North Carolina. Mr. dents or recent graduates, who shall be con- jority will accept this amendment, and Chairman, I would be happy to discuss sidered employees for the purpose of chap- ters 57 and 81 of title 5, United States Code, I want to thank Chairman TAYLOR and the matter with the distinguished relating to compensation for travel and work Ranking Member DICKS and their staff chairman of the Resources Committee. injuries, and chapter 171 of title 28, United for their assistance and support. Mr. POMBO. Mr. Chairman, as chair- States Code, relating to tort claims, but I also want to thank Representative man of the Resources Committee, I shall not be considered to be Federal em- GEORGE MILLER for working with me to have fought to add more domestic ployees for any other purposes. provide this critical funding to the water supplies to blunt the effects of MINERALS MANAGEMENT SERVICE States and tribes to perform these au- drought, population growth, and envi- ROYALTY AND OFFSHORE MINERALS dits. According to data collected from ronmental mandates. We have made MANAGEMENT MMS in previous years, the States and significant progress in this effort, but For expenses necessary for minerals leas- tribes collect $5 for every dollar spent more change can be made to existing ing and environmental studies, regulation of on audits. I believe this amendment is programs to help create more water industry operations, and collection of royal- an important step in ensuring that the supplies. One needed reform is to the ties, as authorized by law; for enforcing laws companies responsible for remitting and regulations applicable to oil, gas, and State Water Research Institute’s pro- other minerals leases, permits, licenses and royalties from minerals produced from gram which is funded through the operating contracts; and for matching grants Federal and Indian leases do so in com- USGS in this bill. This program needs or cooperative agreements; including the pliance with applicable lease terms, to be reauthorized and changed to re- purchase of not to exceed eight passenger regulations, and policies governing the flect current-day water supplies. In motor vehicles for replacement only, valuation of the produced minerals. At fact, the Resources Committee held a $157,496,000, of which $79,158,000 shall be a time of increased values for gas and hearing just last week on Mr. DOO- available for royalty management activities; oil, States and tribes should be given and an amount not to exceed $128,730,000, to LITTLE’s bill to reauthorize the pro- more resources to ensure that royalty be credited to this appropriation and to re- gram by adding water supply creation payments are paid in full. main available until expended, from addi- Mr. Chairman, I yield to the chair- as a focus and to create better trans- tions to receipts resulting from increases to parency and results-oriented research. rates in effect on August 5, 1993, from rate man of the committee, and hopefully I have concerns with the appropria- increases to fee collections for Outer Conti- he will support this amendment. tion in this bill to a program in des- nental Shelf administrative activities per- Mr. TAYLOR of North Carolina. Mr. perate need of change, but I want to formed by the Minerals Management Service Chairman, I am willing to accept this work cooperatively with the distin- (MMS) over and above the rates in effect on amendment and work with the gentle- guished gentleman from North Caro- September 30, 1993, and from additional fees woman and the Interior Department to lina to resolve this concern. Absent for Outer Continental Shelf administrative increase State and tribal auditing activities established after September 30, funds. Thank you very much for bring- such authorization, it will be difficult 1993: Provided, That to the extent $128,730,000 for Congress to continue its support for ing it to our attention. in additions to receipts are not realized from Mrs. MALONEY. I thank the chair- this program in the future. the sources of receipts stated above, the Mr. TAYLOR of North Carolina. I amount needed to reach $128,730,000 shall be man and Ranking Member DICKS. want to ensure my colleague from Cali- credited to this appropriation from receipts The CHAIRMAN. The question is on fornia that our water research program resulting from rental rates for Outer Conti- the amendment offered by the gentle- should be targeted and focused to solv- nental Shelf leases in effect before August 5, woman from New York (Mrs. ing real water supply problems. I am 1993: Provided further, That $3,000,000 for com- MALONEY). The amendment was agreed to. aware that the Resources Committee is puter acquisitions shall remain available until September 30, 2008: Provided further, The CHAIRMAN. The Clerk will read. advancing Mr. DOOLITTLE’s bill and That not to exceed $3,000 shall be available The Clerk read as follows: that reauthorization is needed. I look for reasonable expenses related to promoting OIL SPILL RESEARCH forward to working with my colleague volunteer beach and marine cleanup activi- For necessary expenses to carry out title I, on this important issue and thank him ties: Provided further, That notwithstanding section 1016, title IV, sections 4202 and 4303, for bringing that to our attention. any other provision of law, $15,000 under this title VII, and title VIII, section 8201 of the Mr. POMBO. I thank the gentleman heading shall be available for refunds of Oil Pollution Act of 1990, $6,903,000, which very much. overpayments in connection with certain In- shall be derived from the Oil Spill Liability The CHAIRMAN. The Clerk will read. dian leases in which the Director of MMS Trust Fund, to remain available until ex- The Clerk read as follows: concurred with the claimed refund due, to pended. pay amounts owed to Indian allottees or OFFICE OF SURFACE MINING RECLAMATION AND ADMINISTRATIVE PROVISIONS tribes, or to correct prior unrecoverable er- ENFORCEMENT From within the amount appropriated for roneous payments: Provided further, That for activities of the United States Geological the costs of administration of the Coastal REGULATION AND TECHNOLOGY Survey such sums as are necessary shall be Impact Assistance Program authorized by For necessary expenses to carry out the available for the purchase and replacement section 31 of the Outer Continental Shelf provisions of the Surface Mining Control and of passenger motor vehicles; reimbursement Lands Act, as amended (43 U.S.C. 1456a), Reclamation Act of 1977, Public Law 95–87, as to the General Services Administration for MMS in fiscal years 2007 through 2010 may amended, including the purchase of not to security guard services; contracting for the retain three percent of the amounts which exceed 10 passenger motor vehicles, for re- furnishing of topographic maps and for the are disbursed under section 31 (b)(1), such re- placement only; $112,109,000: Provided, That making of geophysical or other specialized tained amounts to remain available until ex- the Secretary of the Interior, pursuant to surveys when it is administratively deter- pended. regulations, may use directly or through mined that such procedures are in the public grants to States, moneys collected in fiscal AMENDMENT NO. 11 OFFERED BY MRS. MALONEY interest; construction and maintenance of year 2007 for civil penalties assessed under necessary buildings and appurtenant facili- Mrs. MALONEY. Mr. Chairman, I section 518 of the Surface Mining Control ties; acquisition of lands for gauging stations offer an amendment. and Reclamation Act of 1977 (30 U.S.C. 1268), and observation wells; expenses of the United The CHAIRMAN. The Clerk will des- to reclaim lands adversely affected by coal States National Committee on Geology; and ignate the amendment. mining practices after August 3, 1977, to re- payment of compensation and expenses of The text of the amendment is as fol- main available until expended: Provided fur- persons on the rolls of the Survey duly ap- lows: ther, That appropriations for the Office of

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2806 CONGRESSIONAL RECORD — HOUSE May 18, 2006 Surface Mining Reclamation and Enforce- funding agreements and for unmet welfare construction projects conform to applicable ment may provide for the travel and per assistance costs; and of which not to exceed building standards and codes and Federal, diem expenses of State and tribal personnel $457,352,000 for school operations costs of Bu- tribal, or State health and safety standards attending Office of Surface Mining Reclama- reau-funded schools and other education pro- as required by 25 U.S.C. 2005(b), with respect tion and Enforcement sponsored training. grams shall become available on July 1, 2007, to organizational and financial management ABANDONED MINE RECLAMATION FUND and shall remain available until September capabilities: Provided further, That if the For necessary expenses to carry out title 30, 2008; and of which not to exceed $66,277,000 Secretary declines an application, the Sec- IV of the Surface Mining Control and Rec- shall remain available until expended for retary shall follow the requirements con- tained in 25 U.S.C. 2504(f): Provided further, lamation Act of 1977, Public Law 95–87, as housing improvement, road maintenance, at- That any disputes between the Secretary and amended, including the purchase of not more torney fees, litigation support, the Indian any grantee concerning a grant shall be sub- than 10 passenger motor vehicles for replace- Self-Determination Fund, land records im- ject to the disputes provision in 25 U.S.C. ment only, $185,936,000, to be derived from re- provement, and the Navajo-Hopi Settlement 2507(e): Provided further, That in order to en- ceipts of the Abandoned Mine Reclamation Program: Provided, That in cases of des- sure timely completion of replacement Fund and to remain available until ex- ignated Federal disasters, the Secretary may school construction projects, the Secretary pended; of which up to $10,000,000, to be de- exceed the welfare assistance payments cap, may assume control of a project and all rived from the Federal Expenses Share of the from the amounts provided herein, to pro- funds related to the project, if, within eight- Fund, shall be for supplemental grants to vide for disaster relief to Indian commu- een months of the date of enactment of this States for the reclamation of abandoned nities affected by the disaster: Provided fur- ther, That notwithstanding any other provi- Act, any tribe or tribal organization receiv- sites with acid mine rock drainage from coal ing funds appropriated in this Act or in any mines, and for associated activities, through sion of law, including but not limited to the Indian Self-Determination Act of 1975, as prior Act, has not completed the planning the Appalachian Clean Streams Initiative: and design phase of the project and com- Provided, That grants to minimum program amended, and 25 U.S.C. 2008, not to exceed $44,060,000 within and only from such menced construction of the replacement States will be $1,500,000 per State in fiscal school: Provided further, That this Appropria- year 2007: Provided further, That pursuant to amounts made available for school oper- ations shall be available to tribes and tribal tion may be reimbursed from the Office of Public Law 97–365, the Department of the In- the Special Trustee for American Indians terior is authorized to use up to 20 percent organizations for administrative cost grants associated with ongoing grants entered into Appropriation for the appropriate share of from the recovery of the delinquent debt construction costs for space expansion need- owed to the United States Government to with the Bureau prior to or during fiscal year 2006 for the operation of Bureau-funded ed in agency offices to meet trust reform im- pay for contracts to collect these debts: Pro- plementation. vided further, That funds made available schools, and up to $500,000 within and only INDIAN LAND AND WATER CLAIM SETTLEMENTS under title IV of Public Law 95–87 may be from such amounts made available for school AND MISCELLANEOUS PAYMENTS TO INDIANS used for any required non-Federal share of operations shall be available for the transi- the cost of projects funded by the Federal tional costs of initial administrative cost (INCLUDING TRANSFER OF FUNDS) Government for the purpose of environ- grants to tribes and tribal organizations that For miscellaneous payments to Indian mental restoration related to treatment or enter into grants for the operation on or tribes and individuals and for necessary ad- abatement of acid mine drainage from aban- after July 1, 2006, of Bureau-operated ministrative expenses, $39,213,000, to remain doned mines: Provided further, That such schools: Provided further, That any forestry available until expended, for implementation projects must be consistent with the pur- funds allocated to a tribe which remain un- of Indian land and water claim settlements poses and priorities of the Surface Mining obligated as of September 30, 2008, may be pursuant to Public Laws 99–264, 100–580, 101– Control and Reclamation Act: Provided fur- transferred during fiscal year 2009 to an In- 618, 107–331, and 108–477, and for implementa- ther, That amounts allocated under section dian forest land assistance account estab- tion of other land and water rights settle- 402(g)(2) of such Act as of September 30, 2006, lished for the benefit of such tribe within the ments, of which $316,000 shall be available for but not appropriated as of that date, are re- tribe’s trust fund account: Provided further, payment to the Quinault Indian Nation pur- allocated to the allocation established in That any such unobligated balances not so suant to the terms of the North Boundary section 402(g)(3) of the Act: Provided further, transferred shall expire on September 30, Settlement Agreement dated July 14, 2000, That amounts provided under this heading 2009. providing for the acquisition of perpetual may be used for the travel and per diem ex- CONSTRUCTION conservation easements from the Nation and penses of State and tribal personnel attend- For construction, repair, improvement, of which $5,067,000 shall be for the Idaho Salmon and Clearwater River Basins Habitat ing Office of Surface Mining Reclamation and maintenance of irrigation and power sys- Account pursuant to the Snake River Water and Enforcement sponsored training. tems, buildings, utilities, and other facili- Rights Act of 2004 and of which $200,000 shall ADMINISTRATIVE PROVISION ties, including architectural and engineering services by contract; acquisition of lands, be transferred to the ‘‘Bureau of Land Man- With funds available for the Technical In- and interests in lands; and preparation of agement, Management of Lands and Re- novation and Professional Services program lands for farming, and for construction of sources’’ account for mitigation of land in this Act, the Secretary may transfer title the Navajo Indian Irrigation Project pursu- transfers associated with the Snake River for computer hardware, software and other ant to Public Law 87–483, $215,799,000, to re- Water Rights Act of 2004. technical equipment to State and Tribal reg- main available until expended: Provided, INDIAN GUARANTEED LOAN PROGRAM ACCOUNT ulatory and reclamation programs. That such amounts as may be available for For the cost of guaranteed and insured BUREAU OF INDIAN AFFAIRS the construction of the Navajo Indian Irriga- loans, $6,262,000, of which $626,000 is for ad- OPERATION OF INDIAN PROGRAMS tion Project may be transferred to the Bu- ministrative expenses, as authorized by the For expenses necessary for the operation of reau of Reclamation: Provided further, That Indian Financing Act of 1974, as amended: Indian programs, as authorized by law, in- not to exceed 6 percent of contract authority Provided, That such costs, including the cost cluding the Snyder Act of November 2, 1921 available to the Bureau of Indian Affairs of modifying such loans, shall be as defined (25 U.S.C. 13), the Indian Self-Determination from the Federal Highway Trust Fund may in section 502 of the Congressional Budget and Education Assistance Act of 1975 (25 be used to cover the road program manage- Act of 1974: Provided further, That these funds U.S.C. 450 et seq.), as amended, the Edu- ment costs of the Bureau: Provided further, are available to subsidize total loan prin- cation Amendments of 1978 (25 U.S.C. 2001– That any funds provided for the Safety of cipal, any part of which is to be guaranteed, 2019), and the Tribally Controlled Schools Dams program pursuant to 25 U.S.C. 13 shall not to exceed $87,376,744. Act of 1988 (25 U.S.C. 2501 et seq.), as amend- be made available on a nonreimbursable ADMINISTRATIVE PROVISIONS ed, $1,973,403,000, to remain available until basis: Provided further, That for fiscal year The Bureau of Indian Affairs may carry September 30, 2008 except as otherwise pro- 2007, in implementing new construction or out the operation of Indian programs by di- vided herein, of which not to exceed facilities improvement and repair project rect expenditure, contracts, cooperative $74,179,000 shall be for welfare assistance pay- grants in excess of $100,000 that are provided agreements, compacts and grants, either di- ments and, notwithstanding any other provi- to tribally controlled grant schools under rectly or in cooperation with States and sion of law, including but not limited to the Public Law 100–297, as amended, the Sec- other organizations. Indian Self-Determination Act of 1975, as retary of the Interior shall use the Adminis- Notwithstanding 25 U.S.C. 15, the Bureau amended, not to exceed $151,628,000 shall be trative and Audit Requirements and Cost of Indian Affairs may contract for services in available for payments to tribes and tribal Principles for Assistance Programs con- support of the management, operation, and organizations for contract support costs as- tained in 43 CFR part 12 as the regulatory re- maintenance of the Power Division of the sociated with ongoing contracts, grants, quirements: Provided further, That such San Carlos Irrigation Project. compacts, or annual funding agreements en- grants shall not be subject to section 12.61 of Appropriations for the Bureau of Indian tered into with the Bureau prior to or during 43 CFR; the Secretary and the grantee shall Affairs (except the revolving fund for loans, fiscal year 2007, as authorized by such Act, negotiate and determine a schedule of pay- the Indian loan guarantee and insurance except that tribes and tribal organizations ments for the work to be performed: Provided fund, and the Indian Guaranteed Loan Pro- may use their tribal priority allocations for further, That in considering applications, the gram account) shall be available for expenses unmet contract support costs of ongoing Secretary shall consider whether such grant- of exhibits, and purchase and replacement of contracts, grants, or compacts, or annual ee would be deficient in assuring that the passenger motor vehicles.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2807 Notwithstanding any other provision of ery projects that have been developed which: (1) $69,537,000 shall remain available law, no funds available to the Bureau of In- by this local stakeholder group? until expended for technical assistance, in- dian Affairs for central office oversight and Mr. TAYLOR of North Carolina. I cluding maintenance assistance, disaster as- executive direction and administrative serv- agree with the gentleman that plans sistance, insular management controls, coral ices (except executive direction and adminis- reef initiative activities, and brown tree trative services funding for Tribal Priority that identify locally supported and on- snake control and research; grants to the ju- Allocations and regional offices) shall be the-ground recovery projects are an diciary in American Samoa for compensa- available for tribal contracts, grants, com- important part of helping to solve the tion and expenses, as authorized by law (48 pacts, or cooperative agreements with the problems. I would be pleased to support U.S.C. 1661(c)); grants to the Government of Bureau of Indian Affairs under the provisions the gentleman by directing the Fish American Samoa, in addition to current of the Indian Self-Determination Act or the and Wildlife Service work with NOAA local revenues, for construction and support Tribal Self-Governance Act of 1994 (Public fisheries and the local stakeholders. of governmental functions; grants to the Law 103–413). Further, the Committee would be glad Government of the Virgin Islands as author- In the event any tribe returns appropria- ized by law; grants to the Government of tions made available by this Act to the Bu- to facilitate a meeting as soon as pos- Guam, as authorized by law; and grants to reau of Indian Affairs for distribution to sible with the Fish and Wildlife Service the Government of the Northern Mariana Is- other tribes, this action shall not diminish on this important issue. I thank the lands as authorized by law (Public Law 94– the Federal Government’s trust responsi- gentleman for bringing this to our at- 241; 90 Stat. 272); and (2) $8,024,000 shall re- bility to that tribe, or the government-to- tention. main available until September 30, 2008, for government relationship between the United Mr. THOMPSON of California. I salaries and expenses of the Office of Insular States and that tribe, or that tribe’s ability thank the chairman for his coopera- Affairs: Provided, That all financial trans- to access future appropriations. tion. actions of the territorial and local govern- Notwithstanding any other provision of The CHAIRMAN. The Clerk will read. ments herein provided for, including such law, no funds available to the Bureau, other The Clerk read as follows: transactions of all agencies or instrumental- than the amounts provided herein for assist- ities established or used by such govern- ance to public schools under 25 U.S.C. 452 et Appropriations made available in this or ments, may be audited by the Government seq., shall be available to support the oper- any other Act for schools funded by the Bu- Accountability Office, at its discretion, in ation of any elementary or secondary school reau shall be available only to the schools in accordance with chapter 35 of title 31, United in the State of Alaska. the Bureau school system as of September 1, States Code: Provided further, That Northern 1996. No funds available to the Bureau shall Mariana Islands Covenant grant funding Mr. THOMPSON of California. Mr. be used to support expanded grades for any Chairman, I move to strike the last shall be provided according to those terms of school or dormitory beyond the grade struc- the Agreement of the Special Representa- word. ture in place or approved by the Secretary of Mr. Chairman, I rise to engage the tives on Future United States Financial As- the Interior at each school in the Bureau sistance for the Northern Mariana Islands chairman in a colloquy regarding the school system as of October 1, 1995. Funds approved by Public Law 104–134: Provided fur- Klamath River Basin recovery in made available under this Act may not be ther, That of the amounts provided for tech- northern California. used to establish a charter school at a Bu- nical assistance, sufficient funds shall be Mr. Chairman, as you know, salmon reau-funded school (as that term is defined made available for a grant to the Pacific fishing off the coast of California and in section 1146 of the Education Amendments Basin Development Council: Provided further, of 1978 (25 U.S.C. 2026)), except that a charter Oregon has been shut down this year That of the amounts provided for technical school that is in existence on the date of the assistance, sufficient funding shall be made due to poor returns of Chinook salmon enactment of this Act and that has operated to the Klamath River. In 2001, farmers available for a grant to the Close Up Founda- at a Bureau-funded school before September tion: Provided further, That the funds for the in the Klamath Basin were similarly 1, 1999, may continue to operate during that program of operations and maintenance im- shut down due to the resource prob- period, but only if the charter school pays to provement are appropriated to institu- lems in this watershed. the Bureau a pro rata share of funds to reim- tionalize routine operations and mainte- I know the chairman would agree burse the Bureau for the use of the real and nance improvement of capital infrastructure with me that these two occurrences personal property (including buses and vans), with territorial participation and cost shar- demonstrate the urgent need to com- the funds of the charter school are kept sepa- ing to be determined by the Secretary based rate and apart from Bureau funds, and the bine peer-reviewed science with local on the grantee’s commitment to timely Bureau does not assume any obligation for maintenance of its capital assets: Provided stakeholder cooperation in order to charter school programs of the State in help fish in the Klamath Basin recover further, That any appropriation for disaster which the school is located if the charter assistance under this heading in this Act or so that fishing and farming in the area school loses such funding. Employees of Bu- previous appropriations Acts may be used as can continue. Mr. Chairman, you have reau-funded schools sharing a campus with a non-Federal matching funds for the purpose helped with this effort in the past, and charter school and performing functions re- of hazard mitigation grants provided pursu- I thank you for your attention to this lated to the charter school’s operation and ant to section 404 of the Robert T. Stafford important issue. employees of a charter school shall not be Disaster Relief and Emergency Assistance treated as Federal employees for purposes of Act (42 U.S.C. 5170c). Mr. TAYLOR of North Carolina. Mr. chapter 171 of title 28, United States Code. Chairman, I agree with the gentleman Notwithstanding 25 U.S.C. 2007(d), and im- COMPACT OF FREE ASSOCIATION that accurate science, local input, and plementing regulations, the funds reserved For grants and necessary expenses, the establishment of a clear plan is the from the Indian Student Equalization Pro- $5,362,000, to remain available until ex- best approach to solve the problems in gram to meet emergencies and unforeseen pended, as provided for in sections 221(a)(2), the Klamath Basin, and the committee contingencies affecting education programs 221(b), and 233 of the Compact of Free Asso- has tried to be helpful in this regard. appropriated herein and in Public Law 109–54 ciation for the Republic of Palau; and sec- Mr. THOMPSON of California. As you may be used for costs associated with signifi- tion 221(a)(2) of the Compacts of Free Asso- cant student enrollment increases at Bu- ciation for the Government of the Republic know, Mr. Chairman, one important as- reau-funded schools during the relevant of the Marshall Islands and the Federated pect of addressing Klamath issues is school year. States of Micronesia, as authorized by Public the development of a salmon recovery Notwithstanding any other provision of Law 99–658 and Public Law 108–188. plan. And no plan will be successful law, including section 113 of title I of appen- DEPARTMENTAL MANAGEMENT dix C of Public Law 106–113, if a tribe or trib- without broad support and voluntary SALARIES AND EXPENSES cooperation by local stakeholders. For- al organization in fiscal year 2003 or 2004 re- ceived indirect and administrative costs pur- For necessary expenses for management of tunately, there has been progress in the Department of the Interior, $118,303,000; the Klamath Basin to develop vol- suant to a distribution formula based on sec- tion 5(f) of Public Law 101–301, the Secretary of which $7,915,000 for appraisal services and untary recovery plans and projects for shall continue to distribute indirect and ad- Take Pride in America activities is to be de- the threatened Coho salmon. This has ministrative cost funds to such tribe or trib- rived from the Land and Water Conservation been done collectively with farmers, al organization using the section 5(f) dis- Fund and shall remain available until ex- tribes, fishers, and scientists. Would tribution formula. pended; of which not to exceed $8,500 may be for official reception and representation ex- the chairman support me in requesting DEPARTMENTAL OFFICES that the U.S. Fish and Wildlife Service penses; and of which up to $1,000,000 shall be INSULAR AFFAIRS available for workers compensation pay- and NOAA fisheries use their existing ASSISTANCE TO TERRITORIES ments and unemployment compensation authorities and the conservation funds For expenses necessary for assistance to payments associated with the orderly clo- identified in this bill for the Klamath territories under the jurisdiction of the De- sure of the United States Bureau of Mines: Basin to implement the salmon recov- partment of the Interior, $77,561,000, of Provided, That none of the funds in this Act

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2808 CONGRESSIONAL RECORD — HOUSE May 18, 2006 or previous appropriations Acts may be used Under Chairman TAYLOR’s leadership, Under our bill, PILT would no longer to establish reserves in the Working Capital and I might say also Ranking Member be held hostage every year to the ap- Fund account other than for accrued annual DICKS’, we have been able to achieve propriations and budget processes so leave and depreciation of equipment without historic levels of PILT funding. We local counties could count on receiving prior approval of the House and Senate Com- mittees on Appropriations. thank them both for that and for their full and timely payments based on the efforts this year that have nearly re- formulas set by law. AMENDMENT NO. 10 OFFERED BY MR. CANNON stored last year’s PILT funding levels. This legislation is similar to a bill Mr. CANNON. Mr. Chairman, I offer proposed by our former colleague Con- b 1445 an amendment. gressman McInnis before he retired The CHAIRMAN. The Clerk will des- While the number currently in the from the Congress, and like his bill, ignate the amendment. bill is significantly above the adminis- our legislation has bipartisan support. The text of the amendment is as fol- tration’s recommendation, it is well In addition, my neighbor, the gentle- lows: under last year’s level and far from woman from Wyoming (Mrs. CUBIN), Amendment No. 10 offered by Mr. CANNON: what it should be, and our counties are has introduced a bill that would phase Page 46, line 8, after the dollar amount in- bearing the brunt of it. in PILT funding over a 3-year period, sert ‘‘(reduced by $18,000,000)’’. While the Department’s administra- and this, too, would be an improvement Page 47, line 1, after the first dollar tive budget has nearly doubled since amount insert ‘‘(increased by $16,000,000)’’. over the current situation. Mr. TAYLOR of North Carolina. Mr. 2001, PILT funding levels have not kept So I know, along with all of my West- Chairman, I ask unanimous consent pace, and this is not acceptable. ern colleagues, Republican and Demo- It is imperative that we keep fighting that debate on this amendment and crat alike, I stand here hoping that the for funding so our rural counties will any amendments thereto be limited to Resources Committee will take up our not have to continue to foot the bill for 20 minutes, to be equally divided and legislation soon, but in the meantime lands owned by the Federal Govern- controlled by the proponent and my- we should do the next best thing and ment. adopt this important bipartisan self, the opponent. I urge my colleagues to support the The CHAIRMAN. Is there objection amendment. amendment to bring PILT funding lev- to the request of the gentleman from I want to thank the gentleman for els to the nearly 70 percent of author- North Carolina? yielding. ization and support the counties that Mr. CANNON. Mr. Chairman, I yield 2 There was no objection. host our public lands. The CHAIRMAN. The gentleman minutes to the gentleman from Colo- This amendment will add a modest rado (Mr. SALAZAR). from Utah is recognized for 10 minutes. sum to the PILT program, a sum that (Mr. SALAZAR asked and was given Mr. CANNON. I yield myself such is important to the American people permission to revise and extend his re- time as I may consume. who live in and around these Federal marks.) Mr. Chairman, I rise in support of lands and those who travel to them and Mr. SALAZAR. Mr. Chairman, I rise this amendment that I offer on behalf enjoy them from around country. today to express my support for the of myself, Mr. MARK UDALL, Mr. ROB Mr. Chairman, I yield 3 minutes to amendment that would add $16 million BISHOP, Mr. RAHALL, Mr. GIBBONS, and the gentleman from Colorado (Mr. of PILT funding for the program. Mr. SALAZAR to redirect $16 million UDALL). This bill is a great disappointment to from Departmental salaries and ex- (Mr. UDALL of Colorado asked and me. Being from Colorado, in my dis- penses to the Payment in Lieu of Taxes was given permission to revise and ex- trict, where 74 percent of all of our program. tend his remarks.) lands is public lands, the State has I am pleased to be working with this Mr. UDALL of Colorado. Mr. Chair- vast public lands and public resources, bipartisan group and thank the gentle- man, I thank the gentleman. and the funding this bill provides is men for their support. All of us have Mr. Chairman, I rise in support of vital for my State, but the funding something in common: we represent this important amendment. The fails us at many levels. some of the 1,900 counties that host amendment would increase funding for One of the many problems with this public lands that rely on the Payment the so-called PILT program, the Pay- bill is the cuts to the Clean Water in Lieu of Taxes program to mitigate ment in Lieu of Taxes, by $16 million. State Revolving Fund and the State the impact of the lost tax revenues re- It would bring the total in the bill to Tribal Assistance Grants, and probably sulting from Federal land ownership. about 81 percent of the authorized the most frustrating part of this bill is The Federal Government owns nearly amount. In my opinion, that is still not the lack of adequate funds for payment 650 million acres of land, most of it in enough, but it is an important down in lieu of taxes. As my colleague Mr. the West. The map I have here has all payment and a definite improvement UDALL said, we have introduced legisla- land owned or held in trust by the Fed- for all of our rural counties. tion that would actually make it an eral Government in red. As you look at As you can see here on the map, automatic funding. this map, you can see that we have a those of us in the West, in particular, In fact, my district has 29 counties problem: the Federal Government owns are affected by payment in lieu of taxes and over 60 percent of that in Federal the bulk of the West. That means that payments because we have the great ownership. This is lost revenues to we do not tax those lands, and that majority of public lands in the West. these counties, and all 29 counties re- means that in the western United Uncle Sam is everybody’s neighbor in ceive PILT payments. States we pay less per child for edu- the West, and we look to our neighbors Through legislation passed, the PILT cation but we tax our people more per for help. PILT is one of the best ways funding program is authorized for $350 family because we are supporting the that Uncle Sam can help Colorado and million in funding for fiscal year 2007. Federal Government. other States. So this is an important Yet, year after year, this funding pro- As the chairman of the Congressional amendment and one that deserves to be gram does not receive the adequate, Western Caucus, I know well that my adopted by the House. authorized funding needed. fellow colleagues in the West struggle If I could, I would like to use the rest This year, the Appropriations Com- with these issues. It is only fair that of my time to talk about how we can mittee chose to only fund $228 million. we pay a reasonable amount in lieu of do more. This is $122 million short. My col- taxes to cover this shortfall. The Pay- We should act to make it unneces- leagues and I offer this amendment to ment in Lieu of Taxes program was sary to continue debating PILT as a help provide needed funding. This is created in 1976 to provide payments to part of the appropriations process vital to Western States. It is vital to counties to make up for the property every year, and this is why I have in- rural America, and I would like to taxes they are prevented from col- troduced along with my colleague the thank Mr. CANNON, Mr. UDALL of Colo- lecting on Federal lands located within gentleman from Colorado (Mr. rado, Mr. BISHOP of Utah, Mr. RAHALL their boundaries. This year, the admin- SALAZAR) H.R. 788, which would provide and Mr. GIBBONS for their hard work on istration’s budget proposed to cut permanent and automatic funding at this issue. PILT by $34 million, a paltry 56 percent the full authorization level and outside I urge my colleagues to support the of the authorized level. the appropriations process for PILT. passage of this amendment.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2809 Mr. CANNON. Mr. Chairman, I want each State’s land that is now combined Mr. RAHALL. Mr. Chairman, I rise in strong to thank the gentleman from Colorado and controlled by the Federal Govern- support of the amendment to increase funding for his comments, and I yield 3 minutes ment. for PILT. to the gentleman from Nevada (Mr. You can see an obvious change in I am proud to join my colleagues from West- GIBBONS). States here that in the West who, when ern States to make the point that PILT is a Mr. GIBBONS. Mr. Chairman, I want they were admitted to the States, were vital part of communities across this great to thank the gentleman from Utah for admitted with certain conditions for land. PILT funds help make communities yielding me the time, and Mr. Chair- the yielding of that State land. It was safer, cleaner and healthier in 49 of our 50 man, I am grateful to stand here in unilaterally changed by the Federal States—from Maine, to West Virginia, to Cali- support of this bipartisan amendment, Government in the 1950s, and in the fornia. In seeking adequate PILT funding, we grateful not just as a Member of Con- 1970s when the PILT program came are truly all in this together. gress from Nevada, but as member of into effect, it was somehow to try and Now some may say that, in the grand the Western Caucus as well. offset the impact of those particular scheme of our Federal budget, PILT payments Mr. Chairman, as you can see, in Ne- changes. to counties are just not that important. Well I vada, the Federal Government owns The Department of the Interior said 2 can tell you that the PILT funding received by more than 60 million acres of land, years ago when they took over the Greenbrier County or Pocahontas County in which equates to nearly 87 percent of funding of the PILT issue they would West Virginia is crucial to their ability to pro- the State. More often than not, for ensure appropriate emphasis. It has not vide the quality and quantity of local services those of us in the West, the Federal happened to this date. the families of West Virginia deserve. Government is not just our neighbor, it This amendment would actually do I am also here to support more funding for is the neighborhood. With such a large that by putting PILT up to what was PILT because I support public land ownership Federal presence comes significant appropriated last year and to where the and acquisition, where it is appropriate. As the challenges, especially in our rural com- Senate purports to be at the end of this ranking member on the House Resources munities. year’s session. Committee, I have the privilege of working The PILT program helps compensate Let me just say that in the short with the other committee members to oversee for the inability of our rural commu- time I have to finish, the Washington our national parks, forests and refuges. These nities to generate sufficient property Post has endorsed this amendment. lands are part of our national identity and they tax revenues needed for schools and You may not have known that because are a birthright we will pass on to future gen- local infrastructure because of the they do not know it either, but last erations of Americans. overwhelming Federal land ownership, year, they wrote the Federal Govern- But along with responsibility for these public and since Nevada cannot generate rev- ment is the largest landowner in Wash- lands comes a responsibility to the sur- enue from nearly 87 percent of the ington, DC, and since this land cannot rounding local communities. PILT payments State, PILT funding is vital. Yet the be taxed, the Federal Government is compensate these local communities for lost program has never been adequately the principal contributor to the dis- revenue due to public land ownership. Making funded. trict’s chronic fiscal imbalance. good on those payments is part of being a In my congressional district alone, That is our point for those of us in good steward but it is also part of being a Nevada has lost more than $68 million the West exactly. This is the problem good neighbor, and that is something we take over the last 10 years because PILT has that we have, and PILT is the one that very seriously in West Virginia. not been fully funded. tries to change that economic impact The budget priorities chosen by this admin- I want to thank the chairman, Mr. to mitigate the losses that we indeed istration and this Congress force many very TAYLOR, for his efforts to increase have. The Department of the Interior painful decisions. However, funding for a pro- PILT this year. The $198 million re- has a commitment to make sure PILT gram as broad and important to local govern- quested by the administration was very was fully funded. All we are trying to ments as PILT must be funded adequately. I disappointing and would only serve to do with this amendment is to help the urge adoption of this amendment. exacerbate the current funding discrep- Department of the Interior to maintain Mr. TAYLOR of North Carolina. Mr. ancy and increase the burden on our their commitments. Chairman, I yield back my time. rural communities. Mr. TAYLOR of North Carolina. Mr. The CHAIRMAN. The question is on Chairman Taylor added $30 million to Chairman, I yield myself such time as the amendment offered by the gen- the PILT this year above the adminis- I may consume. tleman from Utah (Mr. CANNON). tration’s request, and for that we are Mr. Chairman, Mr. DICKS and I in our The amendment was agreed to. grateful but we cannot stop there. original markup, which was a $34 mil- AMENDMENT OFFERED BY MR. SANDERS This amendment will allow all com- lion cut, reinstated $18 million in that Mr. SANDERS. Mr. Chairman, I offer munities, and especially our rural com- first appropriation. Later, we added an- an amendment. munities, to continue to provide not other $12 million in for that and The Clerk read as follows: only for their residents but for essen- brought it within $4 million of last Amendment offered by Mr. SANDERS: tial services for visitors to our public year’s effort. Page 46, line 8, after the dollar amount in- lands such as law enforcement, emer- Now, when the gentleman takes $18 sert ‘‘(reduced by $1,800,000)’’. gency health care, and search and res- million out of the funding for the De- Page 64, line 11, after the dollar amount in- cue. partment, we do considerable damage, sert ‘‘(increased by $1,800,000)’’ It bears mentioning again that Ne- and the Department oversees one in Mr. SANDERS. Mr. Chairman, first, I vada cannot raise revenue from more every five acres of national land, in- want to thank the majority and the than 87 percent of our State, and many cluding vital tributaries and recreation minority because my understanding is counties across the country face simi- areas, and produces over $14 billion in they have accepted this amendment, lar loss of tax based revenue. royalty revenue for the U.S. Treasury, and I appreciate that very much. I strongly encourage all of my col- and it must have the funds in the oper- The legislative intent of this amend- leagues to support this bipartisan ations account. ment is to increase the funding for the amendment that will help the Federal Frankly, if we were doing more har- Environmental Protection Agency’s Government fulfill its commitment vest in our national forests we would EnergyStar Program in K–12 school and obligations to communities and not need this much PILT because that systems by $1.8 million offset by a re- ease the burden of heavy Federal land was really where it was to come from duction in administrative expenses for ownership in our rural communities. when the forests and other public lands the Department of the Interior. Mr. CANNON. Mr. Chairman, I yield were started, but we will try to do Mr. Chairman, our Nation’s 17,450 the remaining 1 minute to the gen- what we can. school districts are facing serious prob- tleman from Utah (Mr. BISHOP). I will yield to the gentleman’s lems. Their budgets are threadbare, Mr. BISHOP of Utah. Mr. Chairman, amendment, and we will accept his and most can barely pay their teachers the other maps were in green and red. amendment, knowing that in con- a living wage. To make matters worse, Mine is in blue, and my chart is to ference we may not be able to hold this America’s school buildings are aging. show in the blue the total amount of third increase. The average age is over 42 years, and

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2810 CONGRESSIONAL RECORD — HOUSE May 18, 2006 the vast majority could greatly benefit In short, Mr. Chairman, the pending on the date of the enactment of this from energy saving improvements. EnergyStar Program helps our Na- Act, concerning losses to or mismanagement According to the EPA, energy costs tion’s schools to implement energy of trust funds, until the affected tribe or in- represent a typical school district’s dividual Indian has been furnished with an saving strategies that save money, help accounting of such funds from which the second largest operating expense after children learn about energy and create beneficiary can determine whether there has salaries, more than the cost of com- improved teaching and learning envi- been a loss: Provided further, That, notwith- puters and textbooks combined. Amaz- ronments. This amendment would add standing any other provision of law, the Sec- ingly, in a typical school, one-third of $1,800,000 to this important work in our retary shall not be required to provide a the energy used goes to waste, largely Nation’s K through 12 school systems. quarterly statement of performance for any due to old and poorly functioning Mr. Chairman, I yield back the bal- Indian trust account that has not had activ- equipment, poor insulation, and out- ance of my time. ity for at least 18 months and has a balance of $15.00 or less: Provided further, That the dated technology. Mr. TAYLOR of North Carolina. Mr. Unfortunately, school administrators Secretary shall issue an annual account Chairman, I move to strike the last statement and maintain a record of any such are often hard pressed to allocate any word. accounts and shall permit the balance in of their limited funds toward improv- This amendment would provide an in- each such account to be withdrawn upon the ing the energy efficiency of their build- crease of $1.8 million, and while I do express written request of the account hold- ings and systems, even when it is clear not approve of the proposed offset, I am er: Provided further, That not to exceed that such improvements would save prepared to accept the amendment and $50,000 is available for the Secretary to make payments to correct administrative errors of them substantial sums of money that we will do that. could help pay for their other needs. either disbursements from or deposits to In- The CHAIRMAN. The question is on dividual Indian Money or Tribal accounts Fortunately, the EPA has an energy the amendment offered by the gen- conservation program that can help after September 30, 2002: Provided further, tleman from Vermont (Mr. SANDERS). That erroneous payments that are recovered these schools do just that: to imple- The amendment was agreed to. shall be credited to and remain available in ment energy-saving strategies that The CHAIRMAN. The Clerk will read. this account for this purpose. save money, help children learn about The Clerk read as follows: INDIAN LAND CONSOLIDATION energy, and create improved teaching PAYMENTS IN LIEU OF TAXES For consolidation of fractional interests in and learning environments. Indian lands and expenses associated with re- For expenses necessary to implement the b 1500 determining and redistributing escheated in- Act of October 20, 1976, as amended (31 U.S.C. terests in allotted lands, and for necessary The EPA’s EnergyStar Program, in 6901–6907), $228,000,000, of which not to exceed expenses to carry out the Indian Land Con- its partnership with America’s K $400,000 shall be available for administrative solidation Act of 1983, as amended, by direct through 12 school districts, is com- expenses: Provided, That no payment shall be expenditure or cooperative agreement, made to otherwise eligible units of local gov- mitted to building a new national in- $34,006,000, to remain available until ex- ernment if the computed amount of the pay- pended, and which may be transferred to the frastructure of schools that are smart ment is less than $100. about every aspect of energy. Bureau of Indian Affairs and Departmental CENTRAL HAZARDOUS MATERIALS FUND In addition to helping school dis- Management accounts: Provided, That funds provided under this heading may be expended tricts save up to 30 percent on their en- For necessary expenses of the Department of the Interior and any of its component of- pursuant to the authorities contained in the ergy bills each year, energy efficiency fices and bureaus for the remedial action, in- provisos under the heading, ‘‘Office of Spe- prevents greenhouse gas emissions and cluding associated activities, of hazardous cial Trustee for American Indians, Indian improves the students’ learning envi- waste substances, pollutants, or contami- Land Consolidation’’ of the Interior and Re- ronment. Schools that are well lit, well nants pursuant to the Comprehensive Envi- lated Agencies Appropriations Act, 2001 ventilated, and in good repair create a ronmental Response, Compensation, and Li- (Public Law 106–291). healthy, comfortable learning and ability Act, as amended (42 U.S.C. 9601 et NATURAL RESOURCE DAMAGE ASSESSMENT teaching environment. A better phys- seq.), $9,923,000, to remain available until ex- AND RESTORATION ical environment is among the many pended. NATURAL RESOURCE DAMAGE ASSESSMENT FUND factors that have been demonstrated to OFFICE OF THE SOLICITOR To conduct natural resource damage as- contribute to increased learning and SALARIES AND EXPENSES sessment and restoration activities by the productivity in the classroom, which in Department of the Interior necessary to For necessary expenses of the Office of the carry out the provisions of the Comprehen- turn affects performance and achieve- Solicitor, $56,755,000. sive Environmental Response, Compensa- ment. OFFICE OF INSPECTOR GENERAL tion, and Liability Act, as amended (42 Right now, more than 200 school dis- SALARIES AND EXPENSES U.S.C. 9601 et seq.), the Federal Water Pollu- tricts across the country are For necessary expenses of the Office of In- tion Control Act, as amended (33 U.S.C. 1251 partnering with EnergyStar. But for a spector General, $39,688,000. et seq.), the Oil Pollution Act of 1990 (Public Nation whose schools spend $5 billion Law 101–380) (33 U.S.C. 2701 et seq.), and Pub- OFFICE OF SPECIAL TRUSTEE FOR AMERICAN lic Law 101–337, as amended (16 U.S.C. 19jj et annually on energy, there is obviously INDIANS a lot of work to do. Of the 11,000 school seq.), $6,109,000, to remain available until ex- FEDERAL TRUST PROGRAMS buildings that have been rated, only 16 pended. percent of the Nation’s total school For the operation of trust programs for In- ADMINISTRATIVE PROVISIONS dians by direct expenditure, contracts, coop- building inventory, only 530 schools There is hereby authorized for acquisition erative agreements, compacts, and grants, from available resources within the Working have earned an EnergyStar rating by $150,036,000, to remain available until ex- Capital Fund, 15 aircraft, 10 of which shall be achieving a score of 75 or higher, a pended, of which not to exceed $45,000,000 for replacement and which may be obtained score that means that they use about from this or any other Act, shall be available by donation, purchase or through available 40 percent less energy than average for historical accounting: Provided, That excess surplus property: Provided, That exist- buildings. funds for trust management improvements ing aircraft being replaced may be sold, with Fortunately, the EPA is now working and litigation support may, as needed, be proceeds derived or trade-in value used to with partners such as the National transferred to or merged with the Bureau of offset the purchase price for the replacement School Boards Association, the Na- Indian Affairs, ‘‘Operation of Indian Pro- aircraft: Provided further, That no programs grams’’ account; the Office of the Solicitor, funded with appropriated funds in the ‘‘De- tional Parent-Teacher Association, and ‘‘Salaries and Expenses’’ account; and the partmental Management’’, ‘‘Office of the So- the Sustainable Buildings Industry Departmental Management, ‘‘Salaries and licitor’’, and ‘‘Office of Inspector General’’ Council to collaboratively improve the Expenses’’ account: Provided further, That may be augmented through the Working energy efficiency and the indoor envi- funds made available to Tribes and Tribal or- Capital Fund: Provided further, That the an- ronments of many more of our Nation’s ganizations through contracts or grants obli- nual budget justification for Departmental K through 12 schools. These efforts are gated during fiscal year 2007, as authorized Management shall describe estimated Work- helping school districts to save big on by the Indian Self-Determination Act of 1975 ing Capital Fund charges to bureaus and of- utility bills and maintenance costs, in (25 U.S.C. 450 et seq.), shall remain available fices, including the methodology on which until expended by the contractor or grantee: charges are based: Provided further, That de- turn freeing up funds to pay for books, Provided further, That, notwithstanding any partures from the Working Capital Fund es- computers and teachers, and to im- other provision of law, the statute of limita- timates contained in the Departmental Man- prove indoor air quality and comfort. tions shall not commence to run on any agement budget justification shall be pre- These efforts deserve our support. claim, including any claim in litigation sented to the Committees on Appropriations

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2811 for approval: Provided further, That the Sec- service in private residences in the field, ment, and I would ask the gentleman retary shall provide a semi-annual report to when authorized under regulations approved to withdraw the amendment. the Committees on Appropriations on reim- by the Secretary; and the payment of dues, I would say to the gentleman that I bursable support agreements between the Of- when authorized by the Secretary, for li- am concerned about high energy prices, fice of the Secretary and the National Busi- brary membership in societies or associa- and I would agree with him that it ness Center and the bureaus and offices of tions which issue publications to members the Department, including the amounts only or at a price to members lower than to would be better to increase the produc- billed pursuant to such agreements. subscribers who are not members. tion of oil and gas from our Federal SEC. 104. No funds provided in this title GENERAL PROVISIONS, DEPARTMENT OF THE waters, but this year I think the oil may be expended by the Department of the INTERIOR moratorium should be addressed with Interior for the conduct of offshore oil comprehensive authorizing legislation SEC. 101. Appropriations made in this title preleasing, leasing and related activities shall be available for expenditure or transfer which would guide the appropriate placed under restriction in the President’s leasing. (within each bureau or office), with the ap- moratorium statement of June 12, 1998, in proval of the Secretary, for the emergency the areas of northern, central, and southern So I would say to him that we would reconstruction, replacement, or repair of air- California; the North Atlantic; Washington commit to working with him on this craft, buildings, utilities, or other facilities and Oregon; and the eastern Gulf of Mexico issue and ask that he withdraw his or equipment damaged or destroyed by fire, south of 26 degrees north latitude and east of amendment. flood, storm, or other unavoidable causes: 86 degrees west longitude. Mr. Chairman, I yield to the gen- Provided, That no funds shall be made avail- AMENDMENT OFFERED BY MR. CONAWAY tleman from Texas. able under this authority until funds specifi- Mr. CONAWAY. Mr. Chairman, I offer Mr. CONAWAY. Mr. Chairman, I ap- cally made available to the Department of preciate that. It was my intent to the Interior for emergencies shall have been an amendment. exhausted: Provided further, That all funds The Clerk read as follows: withdraw this amendment but after a used pursuant to this section must be replen- Amendment offered by Mr. CONAWAY: discussion with my colleague from ished by a supplemental appropriation which Page 54, beginning at line 15, strike section Florida. If I could have that discussion, must be requested as promptly as possible. 104. sir. SEC. 102. The Secretary may authorize the Mr. CONAWAY. Mr. Chairman, I rise Mr. PUTNAM. Mr. Chairman, I move expenditure or transfer of any no year appro- today to talk about an issue that is in to strike the last word. priation in this title, in addition to the every paper and on every television Mr. Chairman, I rise to engage my amounts included in the budget programs of program almost, on every news chan- good friend from Texas. This is an issue the several agencies, for the suppression or that the State of Florida and other emergency prevention of wildland fires on or nel, and that is the supply of oil and threatening lands under the jurisdiction of gas that this country not only uses but coastal areas have been dealing with the Department of the Interior; for the emer- in particular produces. for the past 25 years in terms of the ap- gency rehabilitation of burned-over lands For 25 years now, we have used this propriateness of the moratorium. This under its jurisdiction; for emergency actions appropriations bill to unnecessarily re- particular issue is one that has obvi- related to potential or actual earthquakes, strict access by those who would ex- ously reached critical mass, with the floods, volcanoes, storms, or other unavoid- plore for oil and gas to lands and prop- shortages of natural gas that we are able causes; for contingency planning subse- erties and, in this instance, the Outer facing and the high price of gas that quent to actual oil spills; for response and Continental Shelf, where it is clear consumers are dealing with. natural resource damage assessment activi- that significant supplies of oil and nat- However, this is an important bal- ties related to actual oil spills; for the pre- ancing act that this Congress must vention, suppression, and control of actual ural gas exist. The additional produc- or potential grasshopper and Mormon crick- tion that would be gained from these consider very carefully. Whatever we et outbreaks on lands under the jurisdiction areas is self-evident as to the values of do as it relates to offshore drilling of the Secretary, pursuant to the authority it, not only the balance of payment, be- ought to be done in a comprehensive in section 1773(b) of Public Law 99–198 (99 cause every MCF of gas that we manner, it ought to have the input of Stat. 1658); for emergency reclamation produce from these lands would offset the States, and it ought to recognize projects under section 410 of Public Law 95– gas that is imported, and any number the sensitive areas. 87; and shall transfer, from any no year funds of jobs are created when we are drilling My friend from Texas makes a very available to the Office of Surface Mining for oil and gas on our own properties important point about the economic Reclamation and Enforcement, such funds as and our own lands. necessity and, frankly, the improve- may be necessary to permit assumption of ments in technology that allow for regulatory authority in the event a primacy The industry’s safety record over the State is not carrying out the regulatory pro- last 25 years has continued to improve. safer production and safer exploration visions of the Surface Mining Act: Provided, The risks to the beaches in this area capabilities. But it is my belief, and That appropriations made in this title for off the gulf coast of Mexico is de mini- the belief of certainly the Florida dele- wildland fire operations shall be available mis. The safety record is exemplary gation, that we must deal with this for the payment of obligations incurred dur- not only in the drilling phase but also separate and apart from the spending ing the preceding fiscal year, and for reim- in the production phase. bill. bursement to other Federal agencies for de- With respect to the production phase, We must also deal with it in a way struction of vehicles, aircraft, or other you cannot paint a worse scenario to that does not expose an area as close to equipment in connection with their use for the beaches as 3 miles to the prospect wildland fire operations, such reimburse- go through the Gulf of Mexico and de- ment to be credited to appropriations cur- stroy those production platforms than of oil and gas rigs, and one which al- rently available at the time of receipt there- Hurricane Katrina in August. As a re- lows a range of input from throughout of: Provided further, That for wildland fire op- sult of the sub-sea engineering that is the membership so that we can move erations, no funds shall be made available in place to protect against oil and gas forward with the goal of dealing with under this authority until the Secretary de- spills, when Hurricane Katrina came our national energy crisis, do it in a termines that funds appropriated for through and destroyed many of the safe and comprehensive way, and do it ‘‘wildland fire operations’’ shall be exhausted production facilities, there was no re- in a way that respects the rights of within 30 days: Provided further, That all lease of crude oil and natural gas into States to opt in or opt out, as appro- funds used pursuant to this section must be replenished by a supplemental appropriation, the environment. priate, dealing with their own indi- which must be requested as promptly as pos- The estimates for the amounts of oil vidual environmental sensitivities. sible: Provided further, That such replenish- and gas in this region range from tril- We recognize our obligation as Flo- ment funds shall be used to reimburse, on a lions of cubic feet of natural gas and ridians as major energy consumers, pro rata basis, accounts from which emer- billions of barrels of oil, all of which that we have an obligation to review gency funds were transferred. would go to reduce America’s depend- our previous positions. We recognize SEC. 103. Appropriations made to the De- ence on imported crude oil and natural the improvements in technology. But, partment of the Interior in this title shall be gas. So my amendment would simply frankly, 3 miles off of our coast is an available for services as authorized by 5 U.S.C. 3109, when authorized by the Sec- strike these provisions that have un- unacceptable limit, and we believe that retary, in total amount not to exceed necessarily restricted access to these this issue is best served as a stand- $500,000; hire, maintenance, and operation of waters. alone comprehensive bill. aircraft; hire of passenger motor vehicles; Mr. TAYLOR of North Carolina. Mr. Mr. CONAWAY. Mr. Chairman, in the purchase of reprints; payment for telephone Chairman, I rise to oppose the amend- spirit of cooperation with my colleague

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2812 CONGRESSIONAL RECORD — HOUSE May 18, 2006 from Florida and the chairman, and in percent of our crude oil from foreign cause the valves and the pumps for the interest of working on a com- countries. In doing so, we are subject these offshore rigs were shut off imme- prehensive solution that addresses the to the illegal price-fixing cartel known diately. So it seemed that opening up supply issues that face our Nation, as as OPEC. The Gulf of Mexico is respon- these areas would be an obvious choice. well as the States’ rights issues that sible for one-third of the domestic oil We are the only major industrial are very legitimate concerns as to production and 20 percent of the do- power in the world that has this silly where the drilling begins off a par- mestic natural gas production. My rule about not drilling offshore. They ticular State’s coast, and the oppor- amendment will end the congressional drill in the North Sea and around the tunity to allow each State to make moratoria on energy exploration along world, and they do so safely. It is im- that decision for their own, as Texas the Outer Continental Shelf. portant that we use some common has done for many, many years, I ask Right now, Mr. Chairman, the areas sense. unanimous consent to withdraw my shaded in blue are where we drill off- Americans worry about skyrocketing amendment. shore. We drill offshore of the coast of energy prices and lack of energy and The CHAIRMAN. Without objection, Texas, Louisiana, and part of Mis- want solutions. A decision where we the gentleman’s amendment is with- sissippi and Alabama. All of the red on drill is going to have to be made and drawn. the West Coast, East Coast, and the made very soon by Americans. This is There was no objection. other parts of the Gulf of Mexico are a price issue, but it is also a national The CHAIRMAN. The Clerk will read. prohibited by law. Since the 1980s, Con- security issue. Those who say ‘‘no’’ to The Clerk read as follows: gress has been placing appropriations offshore drilling have no solutions to SEC. 105. No funds provided in this title moratoriums on drilling in all these this problem. We can drill offshore may be expended by the Department of the red areas that are outlined on the map, safely, environmentally correct; and Interior to conduct offshore oil preleasing, which is about 90 percent of the Outer when we get over the fear factor and leasing and related activities in the eastern Continental Shelf that is off limits to take control of our own energy needs, Gulf of Mexico planning area for any lands energy development. this country will be better off. located outside Sale 181, as identified in the All of these areas in these coastal I yield 1 minute to Mr. GREEN from final Outer Continental Shelf 5-Year Oil and Texas. Gas Leasing Program, 1997–2002. States certainly want cheap gasoline SEC. 106. No funds provided in this title and they want natural gas, but they do Mr. GENE GREEN of Texas. Mr. may be expended by the Department of the not want to drill in their neighbor- Chairman, Members, I want to thank Interior to conduct oil preleasing, leasing hoods. They would rather that Texas my colleague for yielding me a minute. and related activities in the Mid-Atlantic and Louisiana keep drilling in our I support his amendment. Obviously, I and South Atlantic planning areas. neighborhoods. We can’t have it both think that would be the ideal provision AMENDMENTS OFFERED BY MR. POE ways, cheap gasoline and refuse to drill we need to do to eliminate that mora- Mr. POE. Mr. Chairman, I offer three offshore. It seems to me to be some- torium. The committee, I think, has amendments, and I ask unanimous con- what hypocritical, because this does struck a compromise on natural gas, sent they be considered en bloc. not make sense. although Congressman POE and I know The CHAIRMAN. Is there objection In the Outer Continental Shelf there the difficulties of just drilling for one to the request of the gentleman from are about 300 trillion cubic feet of nat- substance over the other. But obvi- Texas? ural gas and more than 50 billion bar- ously I support the amendment and I Mr. TAYLOR of North Carolina. Mr. rels of oil yet to be discovered. That is think the committee, though, came up Chairman, reserving the right to ob- enough natural gas or oil to replace with a compromise, and we will fight ject, and I will not object, with the un- current imports from the Persian Gulf that battle later. derstanding with the gentleman that for 60 years and produce gasoline for Mr. POE. Mr. Chairman, I reserve the he will agree with a unanimous consent 116 million cars for 15 years. And these balance of my time. request that I will make to limit de- are conservative estimates, since these Mr. TAYLOR of North Carolina. I bate on the amendment to 10 minutes, are largely unexplored. There is going yield 2 minutes to the gentleman from with 5 minutes divided on each side. to be drilling off this area because Florida (Mr. FOLEY). Does the gentleman share that under- Cuba and China are already making Mr. FOLEY. Mr. Chairman, I cer- standing? plans to drill 471⁄2 miles off Florida in tainly understand the politics of petro- Mr. POE. That is correct, Mr. Chair- those rich gulf reserves. It seems to me leum. But I represent Florida, and I man. that we should take advantage of those represent the coast that we consider a The CHAIRMAN. Is there objection reserves. valuable resource for tourism, the envi- to the request of the gentleman from While people talk about the pollution ronment, the ecology. Texas? that comes from drilling, many of the Let me remind my colleagues the There was no objection. problems have been overstated. Accord- area that they are proposing to drill The CHAIRMAN. The Clerk will re- ing to the 2002 National Academy of both oil and natural gas wells has re- port the amendments. Sciences report, the largest cause of cently been referred to as Hurricane The Clerk read as follows: pollution is from nature. Shown by this Alley. The gulf coast, we all know now, Amendments offered by Mr. POE: chart, 60 percent of the pollution to our after Katrina, is responsible for 25 per- Page 54, beginning at line 15, strike section shores is by nature itself. So the best cent of U.S. production of natural gas. 104. way we prevent the number one cause Following Katrina and Rita, almost 75 Page 54, beginning at line 24, strike section of pollution to our shores is to elimi- percent of the natural gas production 105. nate this and drill for it. in the gulf was shut down and not pro- Page 55, beginning at line 6, strike section Boating. All those boats off the ducing. 106. shores of our coasts are producing 32 As of May 3, almost 13 percent of nat- Mr. TAYLOR of North Carolina. Mr. percent of the oil seepage. Tankers ural gas production in the Gulf of Mex- Chairman, I ask unanimous consent from the Middle East are 3 percent. ico was still offline 9 months later. So that the debate on this amendment and And offshore drilling only accounts for it begs the question, why would you any amendments thereto be limited to 2 percent of the pollution to our shores. put more rigs in a vulnerable place? 10 minutes to be equally divided and Now, I understand some States like controlled by the proponent and my- b 1515 drilling, like oil and like offshore rigs. self, the opponent. It obviously makes sense to drill off- And my question, or my statement, to The CHAIRMAN. Without objection, shore, Mr. Chairman, because nature is you is, have at it. But I do want to they may be considered under that lim- the primary cause of the pollution to have the opportunity as a Floridian to itation. our beaches. defend ourselves from having oil drill- There was no objection. When Katrina and Rita hit the gulf ing rigs off our coastline. Mr. POE. Mr. Chairman, the United coast this last year, over 100 platforms Several Governors are opposed to the States has to be more self-sufficient were damaged. But seepage from the provisions, including Governor when it comes to energy. We import 60 Gulf of Mexico almost did not exist be- Schwarzenegger; my own Governor

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2813 Bush who sent a letter to the Speaker ocean to put this entire economic en- Mr. TAYLOR of North Carolina. I just yesterday; Governor Mark San- gine at risk. What this amendment yield 1 minute to the gentleman from ford, our former colleague from South would do is open up OCS areas as close Florida (Mr. YOUNG). Carolina; Democrat Governor Corzine as 3 miles from shore to drilling. There Mr. YOUNG of Florida. Mr. Chair- of New Jersey; Mike Easley of North is no buffer here, no minimum barrier. man, this is not some political issue. Carolina; and Ted Kulongoski of Or- If we pass this amendment, we can see This is serious business. You are deal- egon. Our delegation remains strongly drilling rigs as close as 3 miles from ing with some of the most fragile ma- opposed to drilling for oil and gas in our shores. And for what? rine ecosystems in the world. This this very, very vulnerable area. This will do nothing for the price of moratorium was put on here for a good Let me tell you the infrastructure oil. It takes up to 7 years to begin pro- reason. And I mentioned earlier during problems suffered by our recent hurri- ducing from an offshore lease. general debate, it has evolved into a canes. A Congressional Budget Office And I would also like to know why workable, effective protection for those study estimated that gulf energy infra- the oil industry is so keen on getting ecosystems. structure repair costs will be between these areas open for drilling when they The ecology of some of those Florida $18 billion and $31 billion, just from the have thousands of leases already in waters is just unbelievable. Now, the damages the hurricane created. So let’s place, both onshore and offshore that authorizing committee has been work- build some more rigs in this very vul- they haven’t bothered to explore. ing on this issue for several months nerable area. Mr. Chairman, our coasts are simply trying to come up with a good answer, I mentioned the responsibility of nat- too valuable to risk like this. If we had a good responsible answer. Now, this is ural gas. The gulf has 30 percent of U.S. to do a balancing act, there is no way being offered without any hearings by crude oil production, again another you could support this amendment. the subcommittee, no hearings by full reason we do not want to endanger our I urge a ‘‘no’’ vote on this amend- committees, just as a whim to accom- coastline. Again, 9 months later, al- ment. Vote to protect our coasts. plish something that some special in- most 22 percent remain offline. Mr. TAYLOR of North Carolina. Mr. terests want to see accomplished. This So I urge defeat of this amendment, Chairman, I yield for the purpose of is not good government. This is a bad removal of the Peterson amendment making a unanimous-consent request amendment, and we need to be very from this appropriation bill, and let us to the gentleman from Washington. careful about what we do, not only on do something right and not simply suc- (Mr. DICKS asked and was given per- this amendment today, but on the Pe- cumb to the politics of convenience on mission to revise and extend his re- terson amendment that we will deal energy prices. marks.) with later. Mr. POE. Mr. Chairman, I yield my- Mr. DICKS. I just want to rise in op- The CHAIRMAN. All time for debate self such time as I may consume. position to the amendment and in sup- pursuant to the unanimous consent re- I would like to point out to my friend port of the position taken by the chair- quest has expired. from Florida, we just respectfully dis- man and the committee. The question is on the amendments agree. But he has made the argument Mr. TAYLOR of North Carolina. I offered by the gentleman from Texas for why we need to drill somewhere yield 1 minute to the gentlewoman (Mr. POE). other than the gulf coast. Rita and from California (Mrs. CAPPS). The question was taken; and the Katrina basically shut down all the Mrs. CAPPS. Mr. Chairman, I rise in Chairman announced that the noes ap- rigs in the gulf coast. Twenty-two per- strong opposition to the Poe amend- peared to have it. cent of the refineries in the United ment, and I would like to set the Mr. POE. Mr. Chairman, I demand a States come from my district. They record straight. This current ban on recorded vote. were shut down for weeks. That is 20 new drilling is actually two moratoria, The CHAIRMAN. Pursuant to clause percent of the gasoline for the rest of one of which is enacted by Congress an- 6 of rule XVIII, further proceedings on the United States. We drill in one area. nually through a ban on Federal fund- the amendments offered by the gen- We drill in Hurricane Alley, as Mr. ing to drill for oil in areas now off lim- tleman from Texas will be postponed. FOLEY has pointed out. We need to drill its. The Clerk will read. off even the sacred west coast of Cali- In addition, there is a complemen- The Clerk read as follows: fornia and off the east coast because tary moratorium put into place origi- SEC. 107. Appropriations made in this Act there is oil and natural gas there. We nally in 1991 through an executive mor- under the headings Bureau of Indian Affairs atorium by George H. W. Bush, ex- and Office of Special Trustee for American need to open up the moratoriums that Indians and any unobligated balances from this Congress has put on us. The Amer- tended till 2012 by Bill Clinton, em- prior appropriations Acts made under the ican people are demanding answers. braced by the current President in his same headings shall be available for expendi- They want cheaper gasoline, but yet we current 2007 budget. ture or transfer for Indian trust management refuse to take care of ourselves. The provision in the Interior bill and and reform activities, except that total fund- I urge adoption of this amendment in the Poe amendment eliminate the ing for historical accounting activities shall which will allow or release the restric- annual congressional moratoria. It not exceed amounts specifically designated tions and then we can start drilling doesn’t end the Presidential morato- in this Act for such purpose. rium. However, the President certainly SEC. 108. Notwithstanding any other provi- where there is oil and natural gas to sion of law, the Secretary of the Interior is take care of ourselves. The hurricanes has the authority to revise or revoke authorized to redistribute any Tribal Pri- proved we can do it safely and securely his existing Presidential moratorium ority Allocation funds, including tribal base without damage to the environment. before 2012. funds, to alleviate tribal funding inequities Mr. Chairman, I yield back the bal- I am not a betting person, but I by transferring funds to address identified, ance of my time. would wager that if Congress elimi- unmet needs, dual enrollment, overlapping Mr. TAYLOR of North Carolina. Mr. nates the moratorium through this leg- service areas or inaccurate distribution Chairman, I yield 1 minute to the gen- islation and encourages the President methodologies. No tribe shall receive a re- tleman from New Jersey (Mr. to do the same, he is going to revoke duction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2007. PALLONE). the Presidential moratorium. Why not? Under circumstances of dual enrollment, Mr. PALLONE. Mr. Chairman, I rise Drilling advocates will argue that the overlapping service areas or inaccurate dis- in opposition to this amendment. In people, through Congress, have spoken tribution methodologies, the 10 percent limi- my home State of New Jersey, tourism in favor of new drilling; and when that tation does not apply. supports nearly 500,000 jobs and indi- Presidential moratorium is revoked, it SEC. 109. Notwithstanding any other provi- rectly generates $16.6 billion in wages would mean an immediate end to the sion of law, in conveying the Twin Cities Re- and $5.5 billion in State tax revenues. ban on new drilling in waters off our search Center under the authority provided coastal States. by Public Law 104–134, as amended by Public Much of that enormous economic en- Law 104–208, the Secretary may accept and gine is driven by our coastline which It is not just coincidental this retain land and other forms of reimburse- we have worked hard to protect. amendment is coming up just as the ment: Provided, That the Secretary may re- All it takes is one incident from an next 5-year plan is being enacted. This tain and use any such reimbursement until industrial drilling rig sitting in the would happen right away. expended and without further appropriation:

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2814 CONGRESSIONAL RECORD — HOUSE May 18, 2006

(1) for the benefit of the National Wildlife (25 U.S.C. 2701 et seq.) on land described in SEC. 123. Upon the request of the permittee Refuge System within the State of Min- section 123 of the Department of the Interior for the Clark Mountain Allotment lands ad- nesota; and (2) for all activities authorized and Related Agencies Appropriations Act, jacent to the Mojave National Preserve, the by Public Law 100–696; 16 U.S.C. 460zz. 2001 (114 Stat. 944), or land that is contiguous Secretary shall also issue a special use per- SEC. 110. The Secretary of the Interior may to that land, regardless of whether the land mit for that portion of the grazing allotment use or contract for the use of helicopters or or contiguous land has been taken into trust located within the Preserve. The special use motor vehicles on the Sheldon and Hart Na- by the Secretary of the Interior. permit shall be issued with the same terms tional Wildlife Refuges for the purpose of SEC. 118. No funds appropriated for the De- and conditions as the most recently-issued capturing and transporting horses and bur- partment of the Interior by this Act or any permit for that allotment and the Secretary ros. The provisions of subsection (a) of the other Act shall be used to study or imple- shall consider the permit to be one trans- Act of September 8, 1959 (18 U.S.C. 47(a)) ment any plan to drain Lake Powell or to re- ferred in accordance with section 325 of Pub- shall not be applicable to such use. Such use duce the water level of the lake below the lic Law 108–108. shall be in accordance with humane proce- range of water levels required for the oper- SEC. 124. Notwithstanding any other provi- dures prescribed by the Secretary. ation of the Glen Canyon Dam. sion of law, the National Park Service final SEC. 119. Notwithstanding the limitation in SEC. 111. Funds provided in this Act for winter use rules published in Part VII of the subparagraph (2)(B) of section 18(a) of the In- Federal land acquisition by the National Federal Register for November 10, 2004, 69 dian Gaming Regulatory Act (25 U.S.C. Park Service for Shenandoah Valley Battle- Fed. Reg. 65348 et seq., shall be in force and 2717(a)), in fiscal year 2008, the total amount fields National Historic District and Ice Age effect for the winter use season of 2006–2007 National Scenic Trail, and funds provided in of all fees imposed by the National Indian Gaming Commission shall not exceed that commences on or about December 15, division E of Public Law 108–447 (118 Stat. $13,000,000. 2006. 3050) for land acquisition at the Niobrara Na- SEC. 125. None of the funds in this or any SEC. 120. Notwithstanding any implemen- tional Scenic River, may be used for a grant tation of the Department of the Interior’s other Act may be used to set up Centers of to a State, a local government, or any other trust reorganization or reengineering plans, Excellence and Partnership Skills Bank land management entity for the acquisition or the implementation of the ‘‘To Be’’ Model, training without prior approval of the House of lands without regard to any restriction on funds appropriated for fiscal year 2007 shall and Senate Committees on Appropriations. the use of Federal land acquisition funds pro- be available to the tribes within the Cali- TITLE II—ENVIRONMENTAL vided through the Land and Water Conserva- fornia Tribal Trust Reform Consortium and PROTECTION AGENCY tion Fund Act of 1965 as amended. to the Salt River Pima-Maricopa Indian SCIENCE AND TECHNOLOGY SEC. 112. None of the funds made available Community, the Confederated Salish and For science and technology, including re- by this Act may be obligated or expended by Kootenai Tribes of the Flathead Reservation the National Park Service to enter into or search and development activities, which and the Chippewa Cree Tribe of the Rocky shall include research and development ac- implement a concession contract which per- Boys Reservation through the same method- mits or requires the removal of the under- tivities under the Comprehensive Environ- ology as funds were distributed in fiscal year mental Response, Compensation, and Liabil- ground lunchroom at the Carlsbad Caverns 2003. This Demonstration Project shall con- National Park. ity Act of 1980, as amended; necessary ex- tinue to operate separate and apart from the penses for personnel and related costs and SEC. 113. None of the funds made available Department of the Interior’s trust reform in this Act may be used: (1) to demolish the travel expenses, including uniforms, or al- and reorganization and the Department shall lowances therefor, as authorized by 5 U.S.C. bridge between Jersey City, New Jersey, and not impose its trust management infrastruc- Ellis Island; or (2) to prevent pedestrian use 5901–5902; services as authorized by 5 U.S.C. ture upon or alter the existing trust resource 3109, but at rates for individuals not to ex- of such bridge, when such pedestrian use is management systems of the above referenced consistent with generally accepted safety ceed the per diem rate equivalent to the tribes having a self-governance compact and maximum rate payable for senior level posi- standards. operating in accordance with the Tribal Self- tions under 5 U.S.C. 5376; procurement of lab- SEC. 114. None of the funds in this or any Governance Program set forth in 25 U.S.C. oratory equipment and supplies; other oper- other Act can be used to compensate the 458aa–458hh. The California Trust Reform ating expenses in support of research and de- Special Master and the Special Master-Mon- Consortium and any other participating velopment; construction, alteration, repair, itor, and all variations thereto, appointed by tribe agree to carry out their responsibilities rehabilitation, and renovation of facilities, the United States District Court for the Dis- under the same written and implemented fi- not to exceed $85,000 per project, $808,044,000, trict of Columbia in the Cobell v. Norton liti- duciary standards as those being carried by to remain available until September 30, 2008. gation at an annual rate that exceeds 200 the Secretary of the Interior. The Consor- percent of the highest Senior Executive tium shall demonstrate to the satisfaction of ENVIRONMENTAL PROGRAMS AND MANAGEMENT Service rate of pay for the Washington-Balti- the Secretary that they have the capability For environmental programs and manage- more locality pay area. to do so. The Department shall provide funds ment, including necessary expenses not oth- SEC. 115. The Secretary of the Interior may to the tribes in an amount equal to that re- erwise provided for, for personnel and related use discretionary funds to pay private attor- quired by 25 U.S.C. 458cc(g)(3), including costs and travel expenses, including uni- ney fees and costs for employees and former funds specifically or functionally related to forms, or allowances therefor, as authorized employees of the Department of the Interior the provision of trust services to the tribes by 5 U.S.C. 5901–5902; services as authorized reasonably incurred in connection with or their members. by 5 U.S.C. 3109, but at rates for individuals Cobell v. Norton to the extent that such fees SEC. 121. Notwithstanding any provision of not to exceed the per diem rate equivalent to and costs are not paid by the Department of law, including 42 U.S.C. 4321 et seq., non- the maximum rate payable for senior level Justice or by private insurance. In no case renewable grazing permits authorized in the positions under 5 U.S.C. 5376; hire of pas- shall the Secretary make payments under Jarbidge Field Office, Bureau of Land Man- senger motor vehicles; hire, maintenance, this section that would result in payment of agement within the past 9 years, shall be re- and operation of aircraft; purchase of re- hourly fees in excess of the highest hourly newed. The Animal Unit Months authorized prints; library memberships in societies or rate approved by the District Court for the in any nonrenewable grazing permit between associations which issue publications to District of Columbia for counsel in Cobell v. March 1, 1997, and February 28, 2005, shall members only or at a price to members lower Norton. continue in effect under the renewed permit. than to subscribers who are not members; SEC. 116. The United States Fish and Wild- Nothing in this section shall be deemed to construction, alteration, repair, rehabilita- life Service shall, in carrying out its respon- extend the renewed permit beyond the stand- tion, and renovation of facilities, not to ex- sibilities to protect threatened and endan- ard 1-year term. ceed $85,000 per project; and not to exceed gered species of salmon, implement a system SEC. 122. Notwithstanding any other provi- $9,000 for official reception and representa- of mass marking of salmonid stocks, in- sion of law, the Secretary of the Interior is tion expenses, $2,336,442,000, to remain avail- tended for harvest, that are released from authorized to acquire lands, waters, or inter- able until September 30, 2008, including ad- Federally operated or Federally financed ests therein including the use of all or part ministrative costs of the brownfields pro- hatcheries including but not limited to fish of any pier, dock, or landing within the gram under the Small Business Liability Re- releases of coho, chinook, and steelhead spe- State of New York and the State of New Jer- lief and Brownfields Revitalization Act of cies. Marked fish must have a visible mark sey, for the purpose of operating and main- 2002. that can be readily identified by commercial taining facilities in the support of transpor- and recreational fishers. tation and accommodation of visitors to OFFICE OF INSPECTOR GENERAL SEC. 117. (a) IN GENERAL.—Nothing in sec- Ellis, Governors, and Liberty Islands, and of For necessary expenses of the Office of In- tion 134 of the Department of the Interior other program and administrative activities, spector General in carrying out the provi- and Related Agencies Appropriations Act, by donation or with appropriated funds, in- sions of the Inspector General Act of 1978, as 2002 (115 Stat. 443) affects the decision of the cluding franchise fees (and other monetary amended, and for construction, alteration, United States Court of Appeals for the 10th consideration), or by exchange; and the Sec- repair, rehabilitation, and renovation of fa- Circuit in Sac and Fox Nation v. Norton, 240 retary is authorized to negotiate and enter cilities, not to exceed $85,000 per project, F.3d 1250 (2001). into leases, subleases, concession contracts $35,100,000, to remain available until Sep- (b) USE OF CERTAIN INDIAN LAND.—Nothing or other agreements for the use of such fa- tember 30, 2008: Provided, That in fiscal year in this section permits the conduct of gam- cilities on such terms and conditions as the 2007 and thereafter, notwithstanding any ing under the Indian Gaming Regulatory Act Secretary may determine reasonable. other provision of law, the Inspector General

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2815 shall not serve as the Inspector General for ing Water Act, as amended; $24,750,000 shall a State to administer the fund shall not the Chemical Safety and Hazard Investiga- be for architectural, engineering, planning, apply to amounts included as principal in tion Board. design, construction and related activities in loans made by such fund in fiscal year 2007 BUILDINGS AND FACILITIES connection with the construction of high pri- and prior years where such amounts rep- For construction, repair, improvement, ex- ority water and wastewater facilities in the resent costs of administering the fund to the tension, alteration, and purchase of fixed area of the United States-Mexico border, extent that such amounts are or were after consultation with the appropriate bor- equipment or facilities of, or for use by, the deemed reasonable by the Administrator, ac- der commission; $14,850,000 shall be for Environmental Protection Agency, counted for separately from other assets in grants to the State of Alaska to address $39,816,000, to remain available until ex- the fund, and used for eligible purposes of drinking water and waste infrastructure pended. the fund, including administration: Provided needs of rural and Alaska Native Villages: further, That for fiscal year 2007, and not- HAZARDOUS SUBSTANCE SUPERFUND Provided, That, of these funds: (1) the State withstanding section 518(f) of the Act, the (INCLUDING TRANSFERS OF FUNDS) of Alaska shall provide a match of 25 per- Administrator is authorized to use the For necessary expenses to carry out the cent; (2) no more than 5 percent of the funds amounts appropriated for any fiscal year Comprehensive Environmental Response, may be used for administrative and overhead under section 319 of that Act to make grants Compensation, and Liability Act of 1980 expenses; and (3) the State of Alaska shall to federally-recognized Indian tribes pursu- (CERCLA), as amended, including sections make awards consistent with the State-wide ant to sections 319(h) and 518(e) of that Act: 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. priority list established in 2004 for all water, Provided further, That for fiscal year 2007, 9611), and for construction, alteration, re- sewer, waste disposal, and similar projects notwithstanding the limitation on amounts pair, rehabilitation, and renovation of facili- carried out by the State of Alaska that are in section 518(c) of the Act, up to a total of ties, not to exceed $85,000 per project; funded under section 221 of the Federal 11⁄2 percent of the funds appropriated for $1,256,855,000, to remain available until ex- Water Pollution Control Act (33 U.S.C. 1301) State Revolving Funds under title VI of that pended, consisting of such sums as are avail- or the Consolidated Farm and Rural Devel- Act may be reserved by the Administrator able in the Trust Fund on September 30, 2006, opment Act (7 U.S.C. 1921 et seq.) which shall for grants under section 518(c) of that Act: as authorized by section 517(a) of the Super- allocate not less than 25 percent of the funds Provided further, That no funds provided by fund Amendments and Reauthorization Act provided for projects in regional hub commu- this Act to address the water, wastewater of 1986 (SARA) and up to $1,256,855,000 as a nities; $200,000,000 shall be for making special and other critical infrastructure needs of the payment from general revenues to the Haz- project grants for the construction of drink- colonias in the United States along the ardous Substance Superfund for purposes as ing water, wastewater and storm water in- United States-Mexico border shall be made authorized by section 517(b) of SARA, as frastructure and for water quality protection available to a county or municipal govern- amended: Provided, That funds appropriated in accordance with the terms and conditions ment unless that government has established under this heading may be allocated to other specified for such grants in the joint explan- an enforceable local ordinance, or other zon- Federal agencies in accordance with section atory statement of the managers accom- ing rule, which prevents in that jurisdiction 111(a) of CERCLA: Provided further, That of panying this Act, and, for purposes of these the development or construction of any addi- the funds appropriated under this heading, grants, each grantee shall contribute not tional colonia areas, or the development $13,316,000 shall be transferred to the ‘‘Office less than 45 percent of the cost of the project within an existing colonia the construction unless the grantee is approved for a waiver of Inspector General’’ appropriation to re- of any new home, business, or other struc- by the Agency; $89,119,000 shall be to carry main available until September 30, 2008, and ture which lacks water, wastewater, or other out section 104(k) of the Comprehensive En- $30,011,000 shall be transferred to the necessary infrastructure: Provided further, vironmental Response, Compensation, and ‘‘Science and Technology’’ appropriation to That of the funds made available under this Liability Act of 1980 (CERCLA), as amended, remain available until September 30, 2008. heading in Division I of Public Law 108–447, including grants, interagency agreements, $500,000 is for Monticello, AR water and LEAKING UNDERGROUND STORAGE TANK and associated program support costs; wastewater infrastructure improvements and PROGRAM $26,000,000 shall be for the national grant and $500,000 is for Pine Bluff, AR water and For necessary expenses to carry out leak- loan program authorized by section 792 of wastewater infrastructure improvements: ing underground storage tank cleanup activi- the Energy Policy Act of 2005 for the Na- ties authorized by section 205 of the Super- tional Clean Diesel Initiative; and Provided further, That funds that were appro- fund Amendments and Reauthorization Act $1,122,584,000 shall be for grants, including as- priated under this heading for special project of 1986, and for construction, alteration, re- sociated program support costs, to States, grants in fiscal year 2001 or earlier that have pair, rehabilitation, and renovation of facili- federally-recognized tribes, interstate agen- not been obligated on an approved grant by ties, not to exceed $85,000 per project, cies, tribal consortia, and air pollution con- September 1, 2007, are rescinded. $72,759,000, to remain available until ex- trol agencies for multi-media or single media b 1530 pended. pollution prevention, control and abatement AMENDMENT OFFERED BY MR. TAYLOR OF OIL SPILL RESPONSE and related activities, including activities pursuant to the provisions set forth under NORTH CAROLINA For expenses necessary to carry out the Mr. TAYLOR of North Carolina. Mr. Environmental Protection Agency’s respon- this heading in Public Law 104–134, and for sibilities under the Oil Pollution Act of 1990, making grants under section 103 of the Clean Chairman, I offer an amendment. $16,506,000, to be derived from the Oil Spill Air Act for particulate matter monitoring The Clerk read as follows: and data collection activities subject to Liability trust fund, to remain available Amendment offered by Mr. TAYLOR of until expended. terms and conditions specified by the Admin- North Carolina: istrator, of which $49,495,000 shall be for car- STATE AND TRIBAL ASSISTANCE GRANTS On page 67, line 2, strike ‘‘$3,007,348,000’’ rying out section 128 of CERCLA, as amend- and insert in lieu thereof ‘‘$3,009,348,000’’. (INCLUDING RESCISSION OF FUNDS) ed, $14,850,000 shall be for Environmental In- On page 69, line 2, strike ‘‘$26,000,000’’ and For environmental programs and infra- formation Exchange Network grants, includ- insert in lieu thereof ‘‘$28,000,000’’. structure assistance, including capitaliza- ing associated program support costs, not tion grants for State revolving funds and less than $18,500,000 of the funds available for Mr. TAYLOR of North Carolina. Mr. performance partnership grants, $3,007,348,000 grants under section 106 of the Act shall be Chairman, this amendment would in- to remain available until expended, of which for the water quality monitoring initiative crease the EPA State and Tribal As- $687,555,000 shall be for making capitalization that meet EPA standards for statistically sistance Grants account by $2 million grants for the Clean Water State Revolving representative monitoring programs, for the National Clean Diesel Initia- Funds under title VI of the Federal Water $17,567,000 to make grants to States under tive. This is an important initiative Pollution Control Act, as amended (the section 2007(f)(2) of the Solid Waste Disposal that was authorized by the Energy Pol- ‘‘Act’’); of which up to $50,000,000 shall be Act, as amended, and to federally-recognized icy Act of 2005. These funds will be used available for loans, including interest free tribes under Public Law 105–276, and to pro- loans as authorized by 33 U.S.C. 1383(d)(1)(A), vide financial assistance to States and feder- to retrofit school buses and heavy duty to municipal, inter-municipal, interstate, or ally-recognized tribes for the purposes au- trucks and contribute significantly to State agencies or nonprofit entities for thorized by Title XV, Subtitle B of the En- reducing harmful emissions into the projects that provide treatment for or that ergy Policy Act of 2005, with the exception of air. minimize sewage or stormwater discharges leaking underground storage tank cleanup I urge a ‘‘yes’’ vote on the amend- using one or more approaches which include, activities that are authorized by section 205 ment. but are not limited to, decentralized or dis- of Superfund Amendments and Reauthoriza- The CHAIRMAN. The question is on tributed stormwater controls, decentralized tion Act of 1986, and $15,930,000 shall be for the amendment offered by the gen- wastewater treatment, low-impact develop- making competitive targeted watershed ment practices, conservation easements, grants: Provided further, That notwith- tleman from North Carolina (Mr. TAY- stream buffers, or wetlands restoration; standing section 603(d)(7) of the Federal LOR). $841,500,000 shall be for capitalization grants Water Pollution Control Act, the limitation The amendment was agreed to. for the Drinking Water State Revolving on the amounts in a State water pollution The CHAIRMAN. The Clerk will read. Funds under section 1452 of the Safe Drink- control revolving fund that may be used by The Clerk read as follows:

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2816 CONGRESSIONAL RECORD — HOUSE May 18, 2006 ADMINISTRATIVE PROVISIONS 4, 2005 (Volume 70, Number 191) at pages 57871 the actions of one particular facility For fiscal year 2007, notwithstanding 31 through 57872. such as a large mining operation. U.S.C. 6303(1) and 6305(1), the Administrator Mr. PALLONE. Mr. Chairman, I am The EPA would gut the intent of the of the Environmental Protection Agency, in introducing this amendment with the TRI program, and I would like to re- carrying out the Agency’s function to imple- gentlewoman from California (Ms. mind my colleagues that this program ment directly Federal environmental pro- SOLIS) to protect local communities’ was created in the wake of the Bhopal grams required or authorized by law in the disaster in India, where an explosion at absence of an acceptable tribal program, rights to know what toxic chemicals may award cooperative agreements to feder- are being dumped in their backyards. a Union Carbide facility more than 20 ally-recognized Indian Tribes or Intertribal Eighteen years ago Congress passed years ago killed thousands. We have consortia, if authorized by their member the Emergency Planning and Commu- the program so we know where we Tribes, to assist the Administrator in imple- nity Right-to-Know Act, which estab- might have the potential for another menting Federal environmental programs lished the Toxics Release Inventory Bhopal, but also so we know where for Indian Tribes required or authorized by Program. This simple program does not slow, silent releases of toxic chemicals law, except that no such cooperative agree- force companies to reduce the amount could pose serious threats to public ments may be awarded from funds des- of toxic chemicals they use. Rather, it health. ignated for State financial assistance agree- So I would like to emphasize again to ments. requires that they disclose the types The Administrator of the Environmental and amounts of chemicals used at a my colleagues that our amendment is Protection Agency is authorized to collect particular facility and how those sub- really about protecting community and obligate pesticide registration service stances were disposed of, recycled, or right to know. It is about standing up fees in accordance with section 33 of the Fed- released into the environment. for the principle that your constituents eral Insecticide, Fungicide, and Rodenticide This critical disclosure requirement should be able to find out what toxic Act (as added by subsection (f)(2) of the Pes- lets communities know specifically chemicals might be getting dumped in ticide Registration Improvement Act of how much of which chemicals are being area streams, pumped out into the air, 2003), as amended. dumped where. For citizens concerned or trucked to a nearby landfill. And it None of the funds provided in this Act may is also about protecting a highly suc- be used, directly or through grants, to pay or about their health, this information to provide reimbursement for payment of the can be critical. It is also valuable to a cessful program, one of the few that salary of a consultant (whether retained by host of other constituencies, including has been consistently recognized even the Federal Government or a grantee) at workers who could be affected on the by industry as being effective and more than the daily equivalent of the rate job site, first responders and others worthwhile. paid for level IV of the Executive Schedule, who need to plan for incidents at spe- So, again, I ask that my colleagues unless specifically authorized by law. cific facilities. join me in supporting this amendment, By December 31, 2006, EPA shall finalize a and I would like to thank Chairman rule for the Federal Water Pollution Control Not only does the program provide this important information to those TAYLOR for being open to discuss this Act, as amended, section 106 (Water Pollu- issue, and I hope that we can continue tion Control) grants that incorporates finan- who need it, it also has been extremely cial incentives for States that implement successful at getting companies to vol- to work together. Mr. TIAHRT. Mr. Chairman, I move adequate National Pollutant Discharge untarily reduce their toxic releases. Elimination System fee programs. to strike the last word. Since the program started, overall Mr. Chairman, I rise in opposition to POINT OF ORDER toxic releases are down 59 percent this proposal, this amendment, and I Mr. DUNCAN. Mr. Chairman, I raise around the country. want to tell you it is really difficult for a point of order against the paragraph. In fact, the chemical industry them- me to see us put more and more bar- The CHAIRMAN. The gentleman will selves thinks this is a good program. riers in the way of keeping and cre- state his point of order. Earlier this year the Washington Post ating jobs in America. Mr. DUNCAN. Mr. Chairman, on be- quoted Michael Walls, manager of Reg- What the gentleman is doing with his half of the Transportation and Infra- ulatory and Technical Affairs for the amendment is striking language that structure Committee, I raise a point of American Chemistry Council, saying, will allow reforms to the Toxic Release order against the provision beginning ‘‘It’s one of the most successful regu- Inventory annual reporting require- on page 73, line 3 and ending on line 8. latory programs we have been involved ments. The reason it is important is This provision violates clause 2 of in.’’ because it directly affects small busi- rule XXI. It changes existing law and Unfortunately, Mr. Chairman, the nesses. In fact, it has a tremendously therefore constitutes legislating on an EPA does not seem to agree. Last year greater impact on small businesses appropriation bill in violation of House they proposed a set of changes that than it does on large businesses. rules. would seriously undermine the intent There was an example given by W. The CHAIRMAN. Does any other of the program. Mark Crain in a report called The Im- Member wish to be heard on the point First, they are proposing to elimi- pact of Regulatory Costs on Small of order? nate reporting for more than 22,000 fa- Firms. It was done by the Small Busi- If not, the Chair finds that this para- cilities that release up to 5,000 pounds ness Administration Advocacy Group, graph includes language imparting di- of toxic chemicals every year. These the overall regulatory burden was, as rection to the Executive. facilities would switch to a simple estimated by Mr. Crain, to exceed $1.1 The paragraph therefore constitutes form merely indicating what chemicals trillion in 2004. The costs have gone up legislation in violation of clause 2 of they have on site, not how they are re- since then. But for manufacturing rule XXI. leased and in what quantities. firms of fewer than 20 employees, the The point of order is sustained, and Second, the EPA is proposing to annual regulatory burden of 2004 was the paragraph is stricken from the bill. eliminate the same type of detailed re- $21,919 per employee, two and a half AMENDMENT OFFERED BY MR. PALLONE porting from facilities that manage up times greater than the $8,748 burden Mr. PALLONE. Mr. Chairman, I offer to 500 pounds per year of persistent bio- per employee with firms of 500 or more an amendment. accumulative chemicals, some of the employees. So by striking this lan- The Clerk read as follows: deadliest substances used in industry guage, you target the small businesses, Amendment offered by Mr. PALLONE: today. These chemicals, which include and in Kansas small businesses are four On page 73 after line 2 insert the following: mercury and lead, can cause serious out of five jobs. So this is a direct as- None of the funds made available in this harm even in tiny quantities. sault on the jobs in America because it Act may be used to promulgate in final form, And, third, EPA is proposing to re- raises costs making us less competi- issue, implement, or enforce the Environ- quire that companies report only every tive. mental Protection Agency’s Toxics Release other year rather than every year as Now, the EPA has followed the prop- Inventory Burden Reduction Proposed Rule the program currently requires. This er process of reforms. In response to published in the Federal Register on October 4, 2005 (Volume 70, Number 191) at pages 57822 final change makes the least sense of the continuing calls for this Toxic Re- and following or the Toxics Release Inven- all. EPA themselves point out that lease Inventory annual reporting sys- tory 2006 Burden Reduction Proposed Rule data for certain chemicals can swing tem, EPA conducted stakeholders out- published in the Federal Register on October widely from year to year depending on reach meetings in 2003. It took public

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2817 comments in 2003 and 2004 on possible make the environment any cleaner. It LIMITING AMENDMENTS DURING reporting reforms. The EPA subse- will only cost us jobs. Again, ninety- FURTHER CONSIDERATION OF quently proposed and revised a Form A nine percent of the same information H.R. 5386, DEPARTMENT OF THE and took additional public comments will still be reported under the reforms INTERIOR, ENVIRONMENT, AND on that proposal, and they came up conducted by EPA and put in place cor- RELATED AGENCIES APPROPRIA- with a plan that works. It alleviates rectly by EPA. TIONS ACT, 2007 the burden and it still has 99 percent of So for that reason I rise in opposition Mr. TAYLOR of North Carolina. Mr. the current information now reported Speaker, I ask unanimous consent that on a different form, on Form R. This is to the gentleman’s proposal, and I en- courage all my colleagues to vote during further consideration of H.R. going to reduce the cost for small busi- 5386 in the Committee of the Whole against this amendment. nesses. It is going to allow us to con- pursuant to House Resolution 818, not- tinue to have the reporting on these Mr. TAYLOR of North Carolina. Mr. withstanding clause 11 of rule XVIII, toxic release inventories. Chairman, I move to strike the req- no further amendments to the bill may But let me just tell you the impact uisite number of words. be offered except: on one of the local small businesses. The amendment would block the Pro forma amendments offered at Nancy Klinefelter is president of Balti- any point in the reading by the chair- EPA from changing the reporting re- more Glassware Decorators. Her small man or ranking minority member of quirements for toxic releases. I appre- business specializes in printing small the Committee on Appropriations or quantities of custom glass and ciate the proponent’s concerns that the their designees for the purpose of de- ceramicware for special occasions. information on toxic releases should be bate; Some of Nancy’s work can even be reported in a timely manner and that Amendments printed in the RECORD found in the House Gift Shop right this information should be publicly and numbered 1 and 7; here. When they print these mugs or available. These concerns are shared by The amendment printed in the glasses for customers, they sometimes many State and local officials. RECORD and numbered 6, which shall be use lead-bearing colors on the outside On the other hand, I believe that debatable for 20 minutes; surfaces. These colors are expensive; so some accommodation should be made An amendment by Mr. PUTNAM re- garding a moratorium on drilling in they use only a minimal amount of by EPA for small businesses that have the OCS, which shall be debatable for paint needed, which reduces waste, and no toxic releases or have only trace 60 minutes; the finishing process ensures that none amounts of toxic releases. of the lead leaches out. So their prod- An amendment by Mr. CHABOT re- I am prepared to accept the amend- garding a limitation on funds for roads ucts are completely safe for anyone in the Tongass National Forest, which who uses them. I am even told that the ment today with the understanding shall be debatable for 20 minutes; EPA sells her products in their gift that we will work with EPA to deter- mine how we can accomplish the An amendment by Mr. OBERSTAR re- shop. But because of this Toxic Release garding a limitation on funds for ac- Inventory lead rule, Nancy’s business amendment’s goals without placing un- necessary reporting burdens on busi- tivities under the Clean Water Act, is forced to compile daily records on which shall be debatable for 30 min- how much color is used for the mugs nesses that release no toxics or have only trace amounts. utes; because the colors contain a very small An amendment by Mr. HINCHEY re- amount of lead. Each year her small I commend the amendment’s authors garding a limitation on funds for sus- business then has to report to the EPA for pursuing this and look forward to pension of royalty relief, which shall be how much lead has been used. This working with EPA on that matter. debatable for 30 minutes; may sound like some innocuous rule, An amendment by Mr. OBEY or Mr. but the truth is it costs Nancy $7,000 b 1545 DICKS addressing global climate change annually. When you add up all the by modifying the amount provided for other small businesses, it is over $70 The Acting CHAIRMAN (Mr. FOLEY). EPA Environmental Programs and million every year. The question is on the amendment of- Management, which shall be debatable And what do Americans get for this? fered by the gentleman from New Jer- for 30 minutes; Do they get cleaner air? No. Do they sey (Mr. PALLONE). An amendment by Mr. OBEY regard- get less lead being used? No. Is there ing funding increases for various ac- less exposure to lead by children be- The question was taken; and the Act- counts with a tax offset; cause of this? No. The answer is none ing Chairman announced that the ayes An amendment by Mr. TIAHRT re- of these things. All the American peo- appeared to have it. garding business competitiveness; ple get are thousands of reports on es- Mr. PENCE. Mr. Chairman, I demand An amendment by Mr. GARY MILLER timates on how much lead is being a recorded vote. of California regarding the San Gabriel Watershed; used. Many reports are never read, and The Acting CHAIRMAN. Pursuant to our air is not any cleaner. The average An amendment by Mr. CONAWAY re- clause 6 of rule XVIII, further pro- garding EPA drinking water regula- citizen does not gain any public health ceedings on the amendment offered by benefits. Instead, small businesses have tions for arsenic; the gentleman from New Jersey will be An amendment by Mr. GORDON re- to comply with the EPA reporting rule postponed. garding Federal building energy use; and are literally wasting tens of mil- An amendment by Ms. JACKSON-LEE lions of dollars every year, and it is Mr. TAYLOR of North Carolina. Mr. Chairman, I move that the Committee of Texas regarding a limitation on costing us good-paying jobs. These jobs funds for urban reforestation; do now rise. end up in other countries, offshore. An amendment by Ms. JACKSON-LEE Rather than focussing on reducing The motion was agreed to. of Texas regarding a limitation on the real pollution and focusing on real funds on Smithsonian outreach pro- pollution cleanup, EPA has to spend an Accordingly, the Committee rose; and the Speaker pro tempore (Mr. grams; inordinate amount of time on these An amendment by Mr. GARRETT of SHIMKUS) having assumed the chair, small reports that nobody ever uses. New Jersey regarding Federal em- Mr. FOLEY, Acting Chairman of the Now, with an average cost of $21,919 per ployee travel to conferences; Committee of the Whole House on the employee for small businesses that An amendment by Mr. DENT regard- have less than 20 employees, is a lot of State of the Union, reported that that ing a limitation on funds to enforce the money. It could be reinvested and cre- Committee, having had under consider- Indian Gaming Regulatory Act; ate more jobs. But, instead, it is just ation the bill (H.R. 5386) making appro- An amendment by Mr. ANDREWS re- reporting paperwork that piles up. priations for the Department of the In- garding Forest Service salaries and ex- The gentleman has good intents on terior, environment, and related agen- penses; having clean air and clean water, a cies for the fiscal year ending Sep- An amendment by Mr. MEEHAN re- clean environment, and I support that. tember 30, 2007, and for other purposes, garding EPA national emissions stand- But striking this language will not had come to no resolution thereon. ards;

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2818 CONGRESSIONAL RECORD — HOUSE May 18, 2006 An amendment by Mr. TAYLOR of would appreciate it being shortened by by pests or invasive plants, cooperative for- North Carolina regarding funding for people whenever it is possible to do so. estry, and education and land conservation various accounts; Mr. Speaker, I withdraw my reserva- activities and conducting an international program as authorized, $228,608,000, to re- An amendment by Mr. BEAUPREZ re- tion of objection. main available until expended, as authorized garding funding for wildland fire man- The SPEAKER pro tempore. Is there by law of which $9,280,000 is to be derived agement; objection to the request of the gen- from the Land and Water Conservation An amendment by Mr. FLAKE regard- tleman from North Carolina? Fund: Provided, That none of the funds pro- ing any Iowa State University project There was no objection. vided under this heading for the acquisition of lands or interests in lands shall be avail- on mitigating emissions from egg f farms; able until the Forest Service notifies the An amendment by Mr. FLAKE regard- DEPARTMENT OF THE INTERIOR, House Committee on Appropriations and the ing funding for ivory-billed woodpecker ENVIRONMENT, AND RELATED Senate Committee on Appropriations, in research; AGENCIES APPROPRIATIONS writing, of specific contractual and grant de- tails including the non-Federal cost share. An amendment by Mr. FLAKE regard- ACT, 2007 NATIONAL FOREST SYSTEM ing funding for Neosha National Fish The SPEAKER pro tempore. Pursu- Hatchery; For necessary expenses of the Forest Serv- ant to House Resolution 818 and rule ice, not otherwise provided for, for manage- An amendment by Mr. FLAKE regard- XVIII, the Chair declares the House in ment, protection, improvement, and utiliza- ing funding for the Blackwater Na- the Committee of the Whole House on tion of the National Forest System, tional Wildlife Refuge; the State of the Union for the further $1,445,659,000, to remain available until ex- An amendment by Mr. FLAKE regard- consideration of the bill, H.R. 5386. pended, which shall include 50 percent of all ing Santa Ana River Wash program; moneys received during prior fiscal years as An amendment by Mr. FLAKE regard- b 1553 fees collected under the Land and Water Con- ing staffing for the National Zoological IN THE COMMITTEE OF THE WHOLE servation Fund Act of 1965, as amended, in Park; Accordingly, the House resolved accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, That unobligated An amendment by Mr. FLAKE regard- itself into the Committee of the Whole ing NFS recreation sites in North Caro- balances under this heading available at the House on the State of the Union for the start of fiscal year 2007 shall be displayed by lina; further consideration of the bill (H.R. budget line item in the fiscal year 2008 budg- An amendment by Mr. FLAKE regard- 5386) making appropriations for the De- et justification. ing citrus studies in Florida; partment of the Interior, environment, WILDLAND FIRE MANAGEMENT An amendment by Mr. FLAKE regard- and related agencies for the fiscal year (INCLUDING TRANSFER OF FUNDS) ing the Pacific Crest National Scenic ending September 30, 2007, and for Trail; For necessary expenses for forest fire other purposes, with Mr. FOLEY (Acting presuppression activities on National Forest An amendment by Mr. FLAKE regard- Chairman) in the chair. System lands, for emergency fire suppression ing the Florida National Scenic Trail; The Clerk read the title of the bill. on or adjacent to such lands or other lands An amendment by Mr. FLAKE regard- The Acting CHAIRMAN. When the under fire protection agreement, hazardous ing the Continental Divide National Committee of the Whole rose earlier fuels reduction on or adjacent to such lands, Trail. today, a request for a recorded vote on and for emergency rehabilitation of burned- Each such amendment may be offered the amendment offered by the gen- over National Forest System lands and only by the Member named in this re- water, $1,810,566,000, to remain available tleman from New Jersey (Mr. PALLONE) until expended: Provided, That such funds in- quest or a designee, or by the Member had been postponed and the bill had who caused it to be printed in the cluding unobligated balances under this been read through page 73, line 8. heading, are available for repayment of ad- RECORD or a designee, shall be consid- Pursuant to the order of the House of vances from other appropriations accounts ered as read, shall not be subject to today, no further amendment to the previously transferred for such purposes: amendment except that the chairman bill may be offered except those speci- Provided further, That such funds shall be and ranking minority member of the fied in the previous order of the House available to reimburse State and other co- Committee on Appropriations and the of today, which is at the desk. operating entities for services provided in re- Subcommittee on Interior, Environ- sponse to wildfire and other emergencies or The Clerk will read. disasters to the extent such reimbursements ment, and Related Agencies each may The Clerk read as follows: offer one pro forma amendment for the by the Forest Service for non-fire emer- GENERAL PROVISIONS, ENVIRONMENTAL gencies are fully repaid by the responsible purpose of debate; and shall not be sub- PROTECTION AGENCY emergency management agency: Provided ject to a demand for division of the SEC. 201. None of the funds made available further, That not less than 50 percent of any question in the House or in the Com- by this Act may be used in contravention of, unobligated balances remaining (exclusive of mittee of the Whole. or to delay the implementation of, Executive amounts for hazardous fuels reduction) at Except as otherwise specified, each Order No. 12898 of February 11, 1994 (59 Fed. the end of fiscal years 2006 and 2007 shall be amendment shall be debatable for 10 Reg. 7629; relating to Federal actions to ad- transferred to the fund established pursuant minutes, equally divided and con- dress environmental justice in minority pop- to section 3 of Public Law 71–319 (16 U.S.C. trolled by the proponent and an oppo- ulations and low-income populations). 576 et seq.) if necessary to reimburse the SEC. 202. None of the funds made available fund for unpaid past advances: Provided fur- nent. An amendment shall be consid- ther, That, notwithstanding any other provi- ered to fit the description stated in in this Act may be used in contravention of 15 U.S.C. 2682(c)(3) or to delay the implemen- sion of law, $8,000,000 of funds appropriated this request if it addresses in whole or tation of that section. under this appropriation shall be used for in part the object described. Fire Science Research in support of the TITLE III—RELATED AGENCIES The SPEAKER pro tempore. Is there Joint Fire Science Program: Provided further, objection to the request of the gen- DEPARTMENT OF AGRICULTURE That all authorities for the use of funds, in- tleman from North Carolina? FOREST SERVICE cluding the use of contracts, grants, and co- Mr. OBEY. Mr. Speaker, reserving FOREST AND RANGELAND RESEARCH operative agreements, available to execute the Forest and Rangeland Research appro- the right to object, I don’t intend to For necessary expenses of forest and range- priation, are also available in the utilization land research as authorized by law, object, but I do want to point out to of these funds for Fire Science Research: $280,318,000, to remain available until ex- each and every Member that if this Provided further, That funds provided shall be pended: Provided, That of the funds provided, unanimous consent agreement is ac- available for emergency rehabilitation and $62,329,000 is for the forest inventory and cepted by the body, the way I count it, restoration, hazardous fuels reduction activi- analysis program. that means that we will go to about 12 ties in the urban-wildland interface, support o’clock tonight before we begin to vote. STATE AND PRIVATE FORESTRY to Federal emergency response, and wildfire I ask that Members remember that as For necessary expenses of cooperating with suppression activities of the Forest Service: they are entertaining their enthusiasm and providing technical and financial assist- Provided further, That of the funds provided, ance to States, territories, possessions, and $296,792,000 is for hazardous fuels reduction for offering a number of these amend- others, and for forest health management, activities, $5,000,000 is for rehabilitation and ments tonight. It just seems to me that including treatments of pests, pathogens, restoration, $22,800,000 is for research activi- Members need to know that this is and invasive or noxious plants and for re- ties and to make competitive research going to take a long, long time; and we storing and rehabilitating forests damaged grants pursuant to the Forest and Rangeland

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2819 Renewable Resources Research Act, as The Acting CHAIRMAN. Pursuant to The question arises, Why take fund- amended (16 U.S.C. 1641 et seq.), $43,000,000 is the order of the House of today, the ing from the NEA? I actually applaud for State fire assistance, $12,810,000 is for vol- gentleman from Colorado (Mr. the progress that has been made re- unteer fire assistance, $14,800,000 is for forest BEAUPREZ) and a Member opposed each cently by the NEA in repairing a very health activities on Federal lands and $10,000,000 is for forest health activities on will control 5 minutes. damaged image in the view of many State and private lands: Provided further, The Chair recognizes the gentleman Americans. It is important, however, That amounts in this paragraph may be from Colorado. to recognize that only a small percent- transferred to the ‘‘State and Private For- Mr. BEAUPREZ. Mr. Chairman, I age of funding for the arts comes from estry’’, ‘‘National Forest System’’, and ‘‘For- yield myself such time as I may con- the Federal Government. In 2001, est and Rangeland Research’’ accounts to sume. Americans spent $27 billion on non- fund State fire assistance, volunteer fire as- Mr. Chairman, simply put, this profit arts funding. At $124 million, the sistance, forest health management, forest amendment will reduce funding for the NEA funding is just a drop in the buck- and rangeland research, vegetation and wa- National Endowment for the Arts by et for an art industry that seems to be tershed management, heritage site rehabili- $30 million and transfer those funds to doing exceedingly well. tation, and wildlife and fish habitat manage- the United States Forest Service to re- ment and restoration: Provided further, That Congress has to choose its fiscal pri- transfers of any amounts in excess of those duce the threat of catastrophic orities and obligations responsibly. authorized in this paragraph, shall require wildfires. This amendment amounts to one-tenth approval of the House and Senate Commit- Earlier this week, I was pleased to of one percent of total arts funding, tees on Appropriations in compliance with support the passage of the Forest but it is a massive help to ensure the reprogramming procedures contained in the Emergency Recovery and Research Act safety of our western communities, report accompanying this Act: Provided fur- because it will expedite the restoration prevent forest fires and save lives. ther, That the costs of implementing any co- of forest land affected by catastrophic Anyone who has witnessed the devas- operative agreement between the Federal wildfires. However, we can all agree tation to life, property, wildlife, water Government and any non-Federal entity may that prevention comes first. Additional and air from the monster that is a for- be shared, as mutually agreed on by the af- resources are needed if we are to get a fected parties: Provided further, That in addi- est fire understands that investing in tion to funds provided for State Fire Assist- handle on the wildfire crisis gripping prevention infinitely outweighs the in- ance programs, and subject to all authorities the West. calculable long-term costs of a forest available to the Forest Service under the In 2002, the American taxpayers fire. This amendment allows us to in- State and Private Forestry Appropriation, spent over $1.5 billion containing these vest in prevention, Mr. Chairman, and up to $15,000,000 may be used on adjacent devastating blazes. When Congress I urge its adoption. non-Federal lands for the purpose of pro- spends so much annually to put out Mr. Chairman, I reserve the balance tecting communities when hazard reduction wildfires, doesn’t it make more sense of my time. activities are planned on national forest to spend that money on additional lands that have the potential to place such thinning treatments that could help b 1600 communities at risk: Provided further, That prevent these fires from starting in the Mr. TAYLOR of North Carolina. Mr. included in funding for hazardous fuel reduc- Chairman, I rise in opposition to this tion is $5,000,000 for implementing the Com- first place? munity Forest Restoration Act, Public Law According to the House Resources amendment. 106–393, title VI, and any portion of such Committee, 190 million acres of BLM Mr. Chairman, no one is a stronger funds shall be available for use on non-Fed- and Forest Service land are at risk to supporter of the National Forests eral lands in accordance with authorities catastrophic wildfire. To put that in health and wildfire management. But available to the Forest Service under the perspective, this area is larger than the this amendment goes too far. The State and Private Forestry appropriation: States of California and Arizona com- amendment cuts the NEA funding dras- Provided further, That the Secretary of the bined. tically, and this is much too much of a Interior and the Secretary of Agriculture The Wall Street Journal reported cut. may authorize the transfer of funds appro- that parts of the National Forest sys- The President’s budget in the com- priated for wildland fire management, in an mittee bill is a fair amount, is level aggregate amount not to exceed $9,000,000, tem contained more than 400 tons of between the Departments when such trans- dry fuel per acre, or 10 times the man- funding with the fiscal year 2006 en- fers would facilitate and expedite jointly ageable or appropriate level. Disease acted level. We did raise it slightly and funded wildland fire management programs and insect infestation have also con- agreed to that. and projects: Provided further, That of the tributed to an increase in combustible But that remains to be seen. We funds provided for hazardous fuels reduction, fuels. should support the NEA. The reforms not to exceed $5,000,000, may be used to make In Colorado alone, my State, surveys which this committee put in place are grants, using any authorities available to have recorded that approximately 1.2 working. The new chairman of the NEA the Forest Service under the State and Pri- million trees were killed by mountain is doing an excellent job of ensuring vate Forestry appropriation, for the purpose of creating incentives for increased use of pine beetle outbreaks in 2004. This is that important works are supported biomass from national forest lands: Provided nearly 100 times the mortality rate re- and that funding is well distributed. further, That funds designated for wildfire ported in 1996, the first year a study The bill makes a very strong con- suppression shall be assessed for indirect was released by the Colorado Forest tribution to the National Fire Plan. It costs on the same basis as such assessments Service on pine beetles damage. is something that Members can be are calculated against other agency pro- Unfortunately, beetle kill leaves be- proud of. The bill increases overall grams. hind the kind of timber that turns wildfire funding $80 million over last AMENDMENT NO. 5 OFFERED BY MR. BEAUPREZ small fires into the kinds of infernos year. That includes a large $70 million Mr. BEAUPREZ. Mr. Chairman, I that have devastated Colorado and increase for Forest Service fuel reduc- offer an amendment. other western States in recent years, tion, and this is $34 million above the The Acting CHAIRMAN. The Clerk destroying homes, poisoning the air, 2005 level. will designate the amendment. scorching critical habitat, and choking I agree with the gentleman that this The text of the amendment is as fol- streams and rivers with tons of soot work is essential, but the agencies can lows: and sediment. only ramp up so fast. So extra funding Amendment No. 5 offered by Mr. Even with increased attention to is not necessarily needed this year. BEAUPREZ: thinning and fuel treatments efforts Mr. Chairman, the gentleman is in- In title III of the bill under the heading with legislation like the Healthy For- correct when he says that the fire fund- ‘‘WILDLAND FIRE MANAGEMENT (INCLUDING est Initiative, more funding is needed. ing is down 14 percent from 2005. His TRANSFER OF FUNDS)’’, insert after the first Since the majority of our forests are calculations may have included the dollar amount the following: ‘‘(increased by federally owned, the burden to protect $500 million in emergency funding pro- $28,700,000)’’. our States and local communities from vided that year. Not counting the In title III of the bill under the heading ‘‘NATIONAL ENDOWMENT FOR THE ARTS— the devastating effects of forest fires emergency fire suppression funds, this GRANTS AND ADMINISTRATION’’, insert after lies with the Federal agencies des- bill is $145 million above the 2005 fund- the first dollar amount the following: ‘‘(re- ignated to protect them. Congress ing level, and this is enough for these duced by $30,000,000)’’. must fully fund their needs. fiscally tight times.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2820 CONGRESSIONAL RECORD — HOUSE May 18, 2006 I also want to point out that this bill Mr. Chairman, I yield back the bal- thorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 has increased funding for forest health ance of my time. and 205: Provided, That up to $15,000,000 of the funds provided herein for road maintenance management, an important key for The Acting CHAIRMAN (Mr. BISHOP shall be available for the decommissioning of preventing forest fires by $31 million of Utah). The gentleman from North roads, including unauthorized roads not part above the President’s request, and I Carolina has 11⁄2 minutes remaining. of the transportation system, which are no want to point out that the Forest Serv- Mr. TAYLOR of North Carolina. Mr. longer needed: Provided further, That no ice was able to carry over extra wild- Chairman, I yield 11⁄2 minutes to the funds shall be expended to decommission any fire suppression funds from 2005 to this gentleman from Idaho (Mr. SIMPSON). system road until notice and an opportunity year. Mr. SIMPSON. I thank the gentle- for public comment has been provided on So they have or should have plenty of men for yielding. each decommissioning project: Provided fur- ther, That $7,400,000 of the funds made avail- funds for the fire season absent a cata- Mr. Chairman, I do not disagree with able in section 8098(b) of Public Law 108–287, strophic season. Despite the good in- what the gentleman from Colorado is to construct a wildfire management training tentions behind this amendment, we do saying. There has been devestation in facility in San Bernardino County, shall be not need this additional increase for our forests. We do need the funding for transferred within 15 days of the enactment the fund’s work at this time. We should firefighting and so forth. But I will tell of this Act to the Forest Service, ‘‘Wildland not gut the administration’s effort in you that taking it out of the NEA is Fire Management’’ account and shall be available for hazardous fuels reduction, haz- the NEA. the wrong place in the bill. ard mitigation, and rehabilitation activities Mr. DICKS. Mr. Chairman, will the Mr. Chairman, they have done a tre- of the Forest Service in the San Bernardino gentleman yield? mendous job under the chairmanship of National Forest so long as this funding is Mr. TAYLOR of North Carolina. I Gioia. They have brought the NEA used in addition to, and not in place of, all yield to the gentleman from Wash- back to what we originally intended it normal funding allocated to this Forest. ington. to be, and that is a means of getting LAND ACQUISITION Mr. DICKS. Mr. Chairman, I want to the arts out to the rest of America, to For expenses necessary to carry out the say to the gentlemen, our committee rural America, particularly. provisions of the Land and Water Conserva- has been a great advocate for money And if you will look at some of the tion Fund Act of 1965, as amended (16 U.S.C. for fire. There is $2 billion, 579 million, 460l–4 through 11), including administrative programs that they have, their masters expenses, and for acquisition of land or wa- for fire in the bill. $500 million of the program and the Shakespeare program ters, or interest therein, in accordance with fire emergency funds are still avail- and others, they have done a great job statutory authority applicable to the Forest able. of getting the rest of rural America ex- Service, $7,500,000, to be derived from the We just increased the NEA by $5 mil- posed to those types of things. That is Land and Water Conservation Fund and to lion to $129.4 million, and NEA still is what the NEA is all about. remain available until expended: Provided, $40 million below its high point back in And yes, there is private organiza- That the Forest Service may not use funds 1994. We fund programs in all States. in fiscal year 2007, including funds made tions that fund a lot of these. But of- available in Public Law 96–586 or any other This would be a devastating cut, and tentimes it is in conjunction with pri- Act, to purchase land for the Homewood Con- we do not need the money for fire. And vate and public financing. Sometimes servation Project in Lake Tahoe, California. I have offered amendment after amend- they just finance a very small portion ACQUISITION OF LANDS FOR NATIONAL FORESTS ment after amendment to put emer- of it. So I think that while I agree with SPECIAL ACTS gency fire money in when it is nec- the gentlemen’s intent in terms of fire For acquisition of lands within the exte- essary. protection, taking the money out of rior boundaries of the Cache, Uinta, and Also, the agencies can borrow money the NEA, which is substantially below Wasatch National Forests, Utah; the Toiyabe internally if necessary to deal with the what it was in its high peak as was National Forest, Nevada; and the Angeles, problem. So I urge a no on this amend- mentioned, I think is the wrong direc- San Bernardino, Sequoia, and Cleveland Na- ment. I think it is well intended, but tional Forests, California, as authorized by tion to go and would set this program law, $1,053,000, to be derived from forest re- simply not necessary and would do back, when it is moving in the direc- ceipts. great damage to the NEA. tion that we all hope it will go. ACQUISITION OF LANDS TO COMPLETE LAND Mr. Chairman, I urge a no vote. Mr. Chairman, I appreciate the gen- EXCHANGES Mr. BEAUPREZ. Mr. Chairman, I ap- tleman’s amendment, but I will be vot- For acquisition of lands, such sums, to be preciate the chairman. I will be brief. I ing against it. derived from funds deposited by State, coun- respect and appreciate the effort put Mr. TAYLOR of North Carolina. Mr. ty, or municipal governments, public school forth by both the minority as well as Chairman, I yield back the balance of districts, or other public school authorities, the majority side of the committee on and for authorized expenditures from funds my time. deposited by non-Federal parties pursuant to this issue. The Acting CHAIRMAN. The ques- But with all due respect, I would Land Sale and Exchange Acts (16 U.S.C. 4601– tion is on the amendment offered by 516–617a, 555a; Public Law 96–586; Public Law point out again that the private sector, the gentleman from Colorado (Mr. 76–589, 76–591; and 78–310), pursuant to the and a very large private sector, sup- BEAUPREZ). Act of December 4, 1967, as amended (16 ports our arts industry. The public sec- The question was taken; and the Act- U.S.C. 484a), to remain available until ex- tor, we in government, have an obliga- ing Chairman announced that the noes pended. tion to look after the government’s as- appeared to have it. RANGE BETTERMENT FUND sets and people’s lives, and that is what Mr. BEAUPREZ. Mr. Chairman, I de- For necessary expenses of range rehabilita- tion, protection, and improvement, 50 per- is at stake with this amendment. mand a recorded vote. With all due respect to the comments cent of all moneys received during the prior The Acting CHAIRMAN. Pursuant to fiscal year, as fees for grazing domestic live- that have already been made, no one clause 6 of rule XVIII, further pro- looks after our national forests other stock on lands in National Forests in the 16 ceedings on the amendment offered by Western States, pursuant to section 401(b)(1) than we in government, and I would en- the gentleman from Colorado will be of Public Law 94–579, as amended, to remain courage both the chairman and the postponed. available until expended, of which not to ex- ranking member at the next oppor- The Acting CHAIRMAN. The Clerk ceed 6 percent shall be available for adminis- tunity to come out to the West and trative expenses associated with on-the- will read. ground range rehabilitation, protection, and visit and see the devastation the pine The Clerk read as follows: beetle damage has created in our for- improvements. ests. We are sitting literally on a CAPITAL IMPROVEMENT AND MAINTENANCE GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH matchbox awaiting someone to light (INCLUDING TRANSFER OF FUNDS) the first match. For necessary expenses of the Forest Serv- For expenses authorized by 16 U.S.C. ice, not otherwise provided for, $411,025,000, 1643(b), $63,000, to remain available until ex- I urge the adoption of this amend- pended, to be derived from the fund estab- ment. I think it is common sense. I to remain available until expended for con- struction, reconstruction, maintenance, and lished pursuant to the above Act. think it is about us in government es- acquisition of, buildings and other facilities, MANAGEMENT OF NATIONAL FOREST LANDS FOR tablishing priorities to protect and de- and for construction, reconstruction, repair, SUBSISTENCE USES fend our Nation’s assets and our citi- decommissioning, and maintenance of forest For necessary expenses of the Forest Serv- zens’ lives. roads and trails by the Forest Service as au- ice to manage Federal lands in Alaska for

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2821 subsistence uses under title VIII of the Alas- than $2,500,000 for high priority projects Funds available to the Forest Service, not ka National Interest Lands Conservation Act within the scope of the approved budget to exceed $45,000,000, shall be assessed for the (Public Law 96–487), $5,311,000, to remain which shall be carried out by the Youth Con- purpose of performing facilities mainte- available until expended. servation Corps. nance. Such assessments shall occur using a ADMINISTRATIVE PROVISIONS, FOREST SERVICE Of the funds available to the Forest Serv- square foot rate charged on the same basis ice, $4,000 is available to the Chief of the For- the agency uses to assess programs for pay- Appropriations to the Forest Service for est Service for official reception and rep- ment of rent, utilities, and other support the current fiscal year shall be available for: resentation expenses. services. (1) purchase of passenger motor vehicles; ac- Pursuant to sections 405(b) and 410(b) of quisition of passenger motor vehicles from DEPARTMENT OF HEALTH AND HUMAN Public Law 101–593, of the funds available to SERVICES excess sources, and hire of such vehicles; the Forest Service, $2,500,000 may be ad- INDIAN HEALTH SERVICE purchase, lease, operation, maintenance, and vanced in a lump sum to the National Forest INDIAN HEALTH SERVICES acquisition of aircraft from excess sources to Foundation to aid conservation partnership maintain the operable fleet for use in Forest projects in support of the Forest Service For expenses necessary to carry out the Service wildland fire programs and other mission, without regard to when the Founda- Act of August 5, 1954 (68 Stat. 674), the Indian Forest Service programs; notwithstanding tion incurs expenses, for administrative ex- Self-Determination Act, the Indian Health other provisions of law, existing aircraft penses or projects on or benefitting National Care Improvement Act, and titles II and III being replaced may be sold, with proceeds Forest System lands or related to Forest of the Public Health Service Act with re- derived or trade-in value used to offset the Service programs: Provided, That of the Fed- spect to the Indian Health Service, purchase price for the replacement aircraft; eral funds made available to the Foundation, $2,830,136,000, together with payments re- (2) services pursuant to 7 U.S.C. 2225, and not no more than $100,000 shall be available for ceived during the fiscal year pursuant to 42 to exceed $100,000 for employment under 5 administrative expenses: Provided further, U.S.C. 238(b) for services furnished by the In- U.S.C. 3109; (3) purchase, erection, and alter- That the Foundation shall obtain, by the end dian Health Service: Provided, That funds ation of buildings and other public improve- of the period of Federal financial assistance, made available to tribes and tribal organiza- ments (7 U.S.C. 2250); (4) acquisition of land, private contributions to match on at least tions through contracts, grant agreements, or any other agreements or compacts au- waters, and interests therein pursuant to 7 one-for-one basis funds made available by thorized by the Indian Self-Determination U.S.C. 428a; (5) for expenses pursuant to the the Forest Service: Provided further, That the and Education Assistance Act of 1975 (25 Volunteers in the National Forest Act of 1972 Foundation may transfer Federal funds to a U.S.C. 450), shall be deemed to be obligated (16 U.S.C. 558a, 558d, and 558a note); (6) the non-Federal recipient for a project at the at the time of the grant or contract award cost of uniforms as authorized by 5 U.S.C. same rate that the recipient has obtained and thereafter shall remain available to the 5901–5902; and (7) for debt collection con- the non-Federal matching funds: Provided tribe or tribal organization without fiscal tracts in accordance with 31 U.S.C. 3718(c). further, That authorized investments of Fed- year limitation: Provided further, That up to Any appropriations or funds available to eral funds held by the Foundation may be $18,000,000 shall remain available until ex- the Forest Service may be transferred to the made only in interest-bearing obligations of pended, for the Indian Catastrophic Health Wildland Fire Management appropriation for the United States or in obligations guaran- Emergency Fund: Provided further, That forest firefighting, emergency rehabilitation teed as to both principal and interest by the $536,259,000 for contract medical care shall of burned-over or damaged lands or waters United States. remain available until September 30, 2008: under its jurisdiction, and fire preparedness Pursuant to section 2(b)(2) of Public Law Provided further, That of the funds provided, due to severe burning conditions upon notifi- 98–244, $2,250,000 of the funds available to the up to $27,000,000, to remain available until cation of the House and Senate Committees Forest Service shall be advanced to the Na- expended, shall be used to carry out the loan on Appropriations and if and only if all pre- tional Fish and Wildlife Foundation in a repayment program under section 108 of the viously appropriated emergency contingent lump sum to aid cost-share conservation Indian Health Care Improvement Act: Pro- funds under the heading ‘‘Wildland Fire Man- projects, without regard to when expenses vided further, That funds provided in this Act agement’’ have been released by the Presi- are incurred, on or benefitting National For- may be used for one-year contracts and dent and apportioned and all wildfire sup- est System lands or related to Forest Service grants which are to be performed in two fis- pression funds under the heading ‘‘Wildland programs. Such funds shall be matched on at cal years, so long as the total obligation is Fire Management’’ are obligated. least a one-for-one basis by the Foundation recorded in the year for which the funds are The first transfer of funds into the or its subrecipients. Wildland Fire Management account shall in- Funds appropriated to the Forest Service appropriated: Provided further, That the clude unobligated funds, if available, from shall be available for payments to counties amounts collected by the Secretary of the Land Acquisition account and the Forest within the Columbia River Gorge National Health and Human Services under the au- Legacy program within the State and Pri- Scenic Area, pursuant to sections 14(c)(1) and thority of title IV of the Indian Health Care vate Forestry account. (2), and section 16(a)(2) of Public Law 99–663. Improvement Act shall remain available Funds appropriated to the Forest Service Notwithstanding any other provision of until expended for the purpose of achieving shall be available for assistance to or law, any appropriations or funds available to compliance with the applicable conditions through the Agency for International Devel- the Forest Service not to exceed $500,000 may and requirements of titles XVIII and XIX of opment in connection with forest and range- be used to reimburse the Office of the Gen- the Social Security Act (exclusive of plan- land research, technical information, and as- eral Counsel (OGC), Department of Agri- ning, design, or construction of new facili- sistance in foreign countries, and shall be culture, for travel and related expenses in- ties): Provided further, That funding con- available to support forestry and related nat- curred as a result of OGC assistance or par- tained herein, and in any earlier appropria- ural resource activities outside the United ticipation requested by the Forest Service at tions Acts for scholarship programs under States and its territories and possessions, in- meetings, training sessions, management re- the Indian Health Care Improvement Act (25 cluding technical assistance, education and views, land purchase negotiations and simi- U.S.C. 1613) shall remain available until ex- training, and cooperation with United States lar non-litigation related matters. Future pended: Provided further, That amounts re- and international organizations. budget justifications for both the Forest ceived by tribes and tribal organizations None of the funds made available to the Service and the Department of Agriculture under title IV of the Indian Health Care Im- Forest Service under this Act shall be sub- should clearly display the sums previously provement Act shall be reported and ac- ject to transfer under the provisions of sec- transferred and the requested funding trans- counted for and available to the receiving tion 702(b) of the Department of Agriculture fers. tribes and tribal organizations until ex- Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. Any appropriations or funds available to pended: Provided further, That, notwith- 147b. the Forest Service may be used for necessary standing any other provision of law, of the None of the funds available to the Forest expenses in the event of law enforcement amounts provided herein, not to exceed Service may be reprogrammed without the emergencies as necessary to protect natural $270,316,000 shall be for payments to tribes advance approval of the House and Senate resources and public or employee safety: Pro- and tribal organizations for contract or Committees on Appropriations in accordance vided, That such amounts shall not exceed grant support costs associated with con- with the reprogramming procedures con- $500,000. tracts, grants, self-governance compacts or tained in the report accompanying this Act. An eligible individual who is employed in annual funding agreements between the In- Not more than $73,052,000 of funds available any project funded under title V of the Older dian Health Service and a tribe or tribal or- to the Forest Service shall be transferred to American Act of 1965 (42 U.S.C. 3056 et seq.) ganization pursuant to the Indian Self-De- the Working Capital Fund of the Department and administered by the Forest Service shall termination Act of 1975, as amended, prior to of Agriculture. Nothing in this paragraph be considered to be a Federal employee for or during fiscal year 2007, of which not to ex- shall prohibit or limit the use of reimburs- purposes of chapter 171 of title 28, United ceed $5,000,000 may be used for contract sup- able agreements requested by the Forest States Code. port costs associated with new or expanded Service in order to obtain services from the Any funds appropriated to the Forest Serv- self-determination contracts, grants, self- Department of Agriculture’s National Infor- ice may be used to meet the non-Federal governance compacts or annual funding mation Technology Center. share requirement in section 502(c) of the agreements: Provided further, That the Bu- Funds available to the Forest Service shall Older American Act of 1965 (42 U.S.C. reau of Indian Affairs may collect from the be available to conduct a program of not less 3056(c)(2)). Indian Health Service and tribes and tribal

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2822 CONGRESSIONAL RECORD — HOUSE May 18, 2006 organizations operating health facilities pur- count of the facility providing the service carrying out activities set forth in section suant to Public Law 93–638 such individually and shall be available without fiscal year 311(a) of the Comprehensive Environmental identifiable health information relating to limitation. Notwithstanding any other law Response, Compensation, and Liability Act disabled children as may be necessary for the or regulation, funds transferred from the De- of 1980, as amended, and section 126(g) of the purpose of carrying out its functions under partment of Housing and Urban Development Superfund Amendments and Reauthorization the Individuals with Disabilities Education to the Indian Health Service shall be admin- Act of 1986, $79,414,000, of which $3,000,000 for Act (20 U.S.C. 1400, et seq.). istered under Public Law 86–121 (the Indian individual project grants shall remain avail- INDIAN HEALTH FACILITIES Sanitation Facilities Act) and Public Law able until September 30, 2008. 93–638, as amended. For construction, repair, maintenance, im- AGENCY FOR TOXIC SUBSTANCES AND DISEASE Funds appropriated to the Indian Health provement, and equipment of health and re- REGISTRY Service in this Act, except those used for ad- lated auxiliary facilities, including quarters ministrative and program direction pur- TOXIC SUBSTANCES AND ENVIRONMENTAL for personnel; preparation of plans, specifica- poses, shall not be subject to limitations di- PUBLIC HEALTH tions, and drawings; acquisition of sites, pur- rected at curtailing Federal travel and trans- For necessary expenses for the Agency for chase and erection of modular buildings, and portation. Toxic Substances and Disease Registry purchases of trailers; and for provision of do- None of the funds made available to the In- (ATSDR) in carrying out activities set forth mestic and community sanitation facilities dian Health Service in this Act shall be used in sections 104(i), 111(c)(4), and 111(c)(14) of for Indians, as authorized by section 7 of the for any assessments or charges by the De- the Comprehensive Environmental Response, Act of August 5, 1954 (42 U.S.C. 2004a), the In- partment of Health and Human Services un- Compensation, and Liability Act of 1980 dian Self-Determination Act, and the Indian less identified in the budget justification and Health Care Improvement Act, and for ex- (CERCLA), as amended; section 118(f) of the provided in this Act, or approved by the Superfund Amendments and Reauthorization penses necessary to carry out such Acts and House and Senate Committees on Appropria- titles II and III of the Public Health Service Act of 1986, as amended; and section 3019 of tions through the reprogramming process. the Solid Waste Disposal Act, as amended, Act with respect to environmental health Personnel ceilings may not be imposed on and facilities support activities of the Indian $76,754,000, of which up to $1,500,000, to re- the Indian Health Service nor may any ac- main available until expended, is for Indi- Health Service, $363,573,000, to remain avail- tion be taken to reduce the full time equiva- vidual Learning Accounts for full-time able until expended: Provided, That notwith- lent level of the Indian Health Service below equivalent employees of the Agency for standing any other provision of law, funds the level in fiscal year 2002 adjusted upward Toxic Substances and Disease Registry: Pro- appropriated for the planning, design, con- for the staffing of new and expanded facili- vided, That notwithstanding any other provi- struction or renovation of health facilities ties, funding provided for staffing at the for the benefit of an Indian tribe or tribes Lawton, Oklahoma hospital in fiscal years sion of law, in lieu of performing a health as- may be used to purchase land for sites to 2003 and 2004, critical positions not filled in sessment under section 104(i)(6) of CERCLA, construct, improve, or enlarge health or re- fiscal year 2002, and staffing necessary to the Administrator of ATSDR may conduct lated facilities: Provided further, That not to carry out the intent of Congress with regard other appropriate health studies, evalua- exceed $500,000 shall be used by the Indian to program increases. tions, or activities, including, without limi- Health Service to purchase TRANSAM Notwithstanding any other provision of tation, biomedical testing, clinical evalua- equipment from the Department of Defense law, funds previously or herein made avail- tions, medical monitoring, and referral to for distribution to the Indian Health Service able to a tribe or tribal organization through accredited health care providers: Provided and tribal facilities: Provided further, That a contract, grant, or agreement authorized further, That in performing any such health none of the funds appropriated to the Indian by title I or title V of the Indian Self-Deter- assessment or health study, evaluation, or Health Service may be used for sanitation fa- mination and Education Assistance Act of activity, the Administrator of ATSDR shall cilities construction for new homes funded 1975 (25 U.S.C. 450), may be deobligated and not be bound by the deadlines in section with grants by the housing programs of the reobligated to a self-determination contract 104(i)(6)(A) of CERCLA: Provided further, United States Department of Housing and under title I, or a self-governance agreement That funds paid for administrative costs to Urban Development: Provided further, That under title V of such Act and thereafter shall the Centers of Disease Control and Preven- not to exceed $1,000,000 from this account remain available to the tribe or tribal orga- tion shall not exceed 7.5 percent of the fund- and the ‘‘Indian Health Services’’ account nization without fiscal year limitation. ing provided under this heading: Provided fur- None of the funds made available to the In- shall be used by the Indian Health Service to ther, That none of the funds appropriated dian Health Service in this Act shall be used obtain ambulances for the Indian Health under this heading shall be available for to implement the final rule published in the Service and tribal facilities in conjunction ATSDR to issue in excess of 40 toxicological Federal Register on September 16, 1987, by profiles pursuant to section 104(i) of CERCLA with an existing interagency agreement be- the Department of Health and Human Serv- tween the Indian Health Service and the during fiscal year 2007, and existing profiles ices, relating to the eligibility for the health may be updated as necessary. General Services Administration: Provided care services of the Indian Health Service OTHER RELATED AGENCIES further, That not to exceed $500,000 shall be until the Indian Health Service has sub- placed in a Demolition Fund, available until mitted a budget request reflecting the in- EXECUTIVE OFFICE OF THE PRESIDENT expended, to be used by the Indian Health creased costs associated with the proposed COUNCIL ON ENVIRONMENTAL QUALITY AND Service for demolition of Federal buildings. final rule, and such request has been in- OFFICE OF ENVIRONMENTAL QUALITY ADMINISTRATIVE PROVISIONS, INDIAN HEALTH cluded in an appropriations Act and enacted For necessary expenses to continue func- SERVICE into law. tions assigned to the Council on Environ- Appropriations in this Act to the Indian With respect to functions transferred by mental Quality and Office of Environmental Health Service shall be available for services the Indian Health Service to tribes or tribal Quality pursuant to the National Environ- as authorized by 5 U.S.C. 3109 but at rates organizations, the Indian Health Service is mental Policy Act of 1969, the Environ- not to exceed the per diem rate equivalent to authorized to provide goods and services to mental Quality Improvement Act of 1970, and the maximum rate payable for senior-level those entities, on a reimbursable basis, in- Reorganization Plan No. 1 of 1977, and not to positions under 5 U.S.C. 5376; hire of pas- cluding payment in advance with subsequent exceed $750 for official reception and rep- senger motor vehicles and aircraft; purchase adjustment. The reimbursements received resentation expenses, $2,627,000: Provided, of medical equipment; purchase of reprints; therefrom, along with the funds received That notwithstanding section 202 of the Na- purchase, renovation and erection of mod- from those entities pursuant to the Indian tional Environmental Policy Act of 1970, the ular buildings and renovation of existing fa- Self-Determination Act, may be credited to Council shall consist of one member, ap- cilities; payments for telephone service in the same or subsequent appropriation ac- pointed by the President, by and with the ad- private residences in the field, when author- count which provided the funding. Such vice and consent of the Senate, serving as amounts shall remain available until ex- ized under regulations approved by the Sec- chairman and exercising all powers, func- pended. retary; and for uniforms or allowances there- tions, and duties of the Council. for as authorized by 5 U.S.C. 5901–5902; and Reimbursements for training, technical as- CHEMICAL SAFETY AND HAZARD INVESTIGATION for expenses of attendance at meetings which sistance, or services provided by the Indian BOARD are concerned with the functions or activi- Health Service will contain total costs, in- ties for which the appropriation is made or cluding direct, administrative, and overhead SALARIES AND EXPENSES which will contribute to improved conduct, associated with the provision of goods, serv- For necessary expenses in carrying out ac- supervision, or management of those func- ices, or technical assistance. tivities pursuant to section 112(r)(6) of the The appropriation structure for the Indian tions or activities. Clean Air Act, as amended, including hire of In accordance with the provisions of the Health Service may not be altered without passenger vehicles, uniforms or allowances Indian Health Care Improvement Act, non- advance notification to the House and Sen- therefor, as authorized by 5 U.S.C. 5901–5902, Indian patients may be extended health care ate Committees on Appropriations. and for services authorized by 5 U.S.C. 3109 at all tribally administered or Indian Health NATIONAL INSTITUTES OF HEALTH but at rates for individuals not to exceed the Service facilities, subject to charges, and the NATIONAL INSTITUTE OF ENVIRONMENTAL per diem equivalent to the maximum rate proceeds along with funds recovered under HEALTH SCIENCES payable for senior level positions under 5 the Federal Medical Care Recovery Act (42 For necessary expenses for the National In- U.S.C. 5376, $9,208,000: Provided, That the U.S.C. 2651–2653) shall be credited to the ac- stitute of Environmental Health Sciences in Chemical Safety and Hazard Investigation

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2823 Board (Board) shall have not more than ments to independent contractors per- care of the works of art therein, and admin- three career Senior Executive Service posi- forming research services or participating in istrative expenses incident thereto, as au- tions: Provided further, That in fiscal year official Smithsonian presentations. thorized by the Act of March 24, 1937 (50 Stat. 2007 and thereafter, notwithstanding any FACILITIES CAPITAL 51), as amended by the public resolution of other provision of law, the Environmental For necessary expenses of repair, revital- April 13, 1939 (Public Resolution 9, Seventy- Protection Agency Inspector General shall ization, and alteration of facilities owned or sixth Congress), including services as author- not serve as the Inspector General for the occupied by the Smithsonian Institution, by ized by 5 U.S.C. 3109; payment in advance Board: Provided further, That up to $600,000 of contract or otherwise, as authorized by sec- when authorized by the treasurer of the Gal- the funds provided herein may be used for tion 2 of the Act of August 22, 1949 (63 Stat. lery for membership in library, museum, and personnel compensation and benefits for the 623), and for construction, including nec- art associations or societies whose publica- Members of the Board. essary personnel, $107,000,000, to remain tions or services are available to members OFFICE OF NAVAJO AND HOPI INDIAN available until expended, of which $20,000,000 only, or to members at a price lower than to RELOCATION is for maintenance, repair, rehabilitation, the general public; purchase, repair, and cleaning of uniforms for guards, and uni- SALARIES AND EXPENSES and construction of facilities at the National Zoological Park, and of which not to exceed forms, or allowances therefor, for other em- For necessary expenses of the Office of ployees as authorized by law (5 U.S.C. 5901– Navajo and Hopi Indian Relocation as au- $10,000 is for services as authorized by 5 U.S.C. 3109: Provided, That contracts awarded 5902); purchase or rental of devices and serv- thorized by Public Law 93–531, $5,940,000, to ices for protecting buildings and contents remain available until expended: Provided, for environmental systems, protection sys- tems, and repair or restoration of facilities thereof, and maintenance, alteration, im- That funds provided in this or any other ap- provement, and repair of buildings, ap- propriations Act are to be used to relocate of the Smithsonian Institution may be nego- tiated with selected contractors and awarded proaches, and grounds; and purchase of serv- eligible individuals and groups including ices for restoration and repair of works of evictees from District 6, Hopi-partitioned on the basis of contractor qualifications as well as price. art for the National Gallery of Art by con- lands residents, those in significantly sub- tracts made, without advertising, with indi- standard housing, and all others certified as ADMINISTRATIVE PROVISIONS, SMITHSONIAN viduals, firms, or organizations at such rates eligible and not included in the preceding INSTITUTION or prices and under such terms and condi- categories: Provided further, That none of the None of the funds in this or any other Act tions as the Gallery may deem proper, funds contained in this or any other Act may may be used to make any changes to the ex- $101,794,000, of which not to exceed $3,239,000 be used by the Office of Navajo and Hopi In- isting Smithsonian science programs includ- for the special exhibition program shall re- dian Relocation to evict any single Navajo or ing closure of facilities, relocation of staff or main available until expended. Navajo family who, as of November 30, 1985, redirection of functions and programs with- REPAIR, RESTORATION AND RENOVATION OF was physically domiciled on the lands parti- out the advance approval of the House and BUILDINGS tioned to the Hopi Tribe unless a new or re- Senate Committees on Appropriations. placement home is provided for such house- None of the funds in this or any other Act For necessary expenses of repair, restora- hold: Provided further, That no relocatee will may be used to initiate the design for any tion and renovation of buildings, grounds be provided with more than one new or re- proposed expansion of current space or new and facilities owned or occupied by the Na- placement home: Provided further, That the facility without consultation with the House tional Gallery of Art, by contract or other- Office shall relocate any certified eligible and Senate Committees on Appropriations. wise, as authorized, $14,949,000, to remain relocatees who have selected and received an None of the funds in this or any other Act available until expended: Provided, That con- approved homesite on the Navajo reservation may be used for the Holt House located at tracts awarded for environmental systems, or selected a replacement residence off the the National Zoological Park in Washington, protection systems, and exterior repair or Navajo reservation or on the land acquired D.C., unless identified as repairs to minimize renovation of buildings of the National Gal- pursuant to 25 U.S.C. 640d–10. water damage, monitor structure movement, lery of Art may be negotiated with selected contractors and awarded on the basis of con- INSTITUTE OF AMERICAN INDIAN AND ALASKA or provide interim structural support. tractor qualifications as well as price: Pro- NATIVE CULTURE AND ARTS DEVELOPMENT None of the funds available to the Smith- sonian may be reprogrammed without the vided further, That, notwithstanding any PAYMENT TO THE INSTITUTE advance approval of the House and Senate other provision of law, a single procurement For payment to the Institute of American Committees on Appropriations in accordance for the Master Facilities Plan renovation Indian and Alaska Native Culture and Arts with the reprogramming procedures con- project at the National Gallery of Art may Development, as authorized by title XV of tained in the statement of the managers ac- be issued which includes the full scope of the Public Law 99–498, as amended (20 U.S.C. 56 companying this Act. Work Area #3 project: Provided further, That part A), $6,703,000. None of the funds in this or any other Act the solicitation and the contract shall con- SMITHSONIAN INSTITUTION may be used to purchase any additional tain the clause ‘‘availability of funds’’ found at 48 CFR 52.232.18. SALARIES AND EXPENSES buildings without prior consultation with the House and Senate Committees on Appro- JOHN F. KENNEDY CENTER FOR THE For necessary expenses of the Smithsonian priations. PERFORMING ARTS Institution, as authorized by law, including None of the funds made available by this OPERATIONS AND MAINTENANCE research in the fields of art, science, and his- Act may be used to execute any contract or For necessary expenses for the operation, tory; development, preservation, and docu- legal agreement with a for-profit entity maintenance and security of the John F. mentation of the National Collections; pres- which has the effect of significantly limiting Kennedy Center for the Performing Arts, entation of public exhibits and perform- access by the public to Smithsonian per- $18,909,000. ances; collection, preparation, dissemina- sonnel or to Smithsonian collections unless tion, and exchange of information and publi- such agreement has been publicly noticed at CONSTRUCTION cations; conduct of education, training, and least 30 days prior to entering into such con- For necessary expenses for capital repair museum assistance programs; maintenance, tract or agreement and has been approved by and restoration of the existing features of alteration, operation, lease (for terms not to the Regents of the Smithsonian Institution the building and site of the John F. Kennedy exceed 30 years), and protection of buildings, after reviewing any public comments that Center for the Performing Arts, $19,800,000, facilities, and approaches; not to exceed have been received during the public com- to remain available until expended. $100,000 for services as authorized by 5 U.S.C. ment period. This section does not limit the 3109; up to five replacement passenger vehi- WOODROW WILSON INTERNATIONAL CENTER FOR Smithsonian’s existing authority to grant or SCHOLARS cles; purchase, rental, repair, and cleaning of deny any specific request, by any organiza- SALARIES AND EXPENSES uniforms for employees, $517,094,000, of which tion or individual for access, based on its $10,000,000 is for facilities maintenance at the judgment of the appropriateness of the use of For expenses necessary in carrying out the National Zoological Park; of which not to Smithsonian resources being proposed in a provisions of the Woodrow Wilson Memorial exceed $9,964,000 for the instrumentation pro- specific application. Act of 1968 (82 Stat. 1356) including hire of gram, collections acquisition, exhibition re- None of the funds in the Act shall be used passenger vehicles and services as authorized installation, the National Museum of African to administer or otherwise facilitate the by 5 U.S.C. 3109, $9,438,000. American History and Culture, and the repa- payment of compensation to any officer or NATIONAL FOUNDATION ON THE ARTS AND THE triation of skeletal remains program shall employee of the Smithsonian or any of its HUMANITIES remain available until expended; and of subsidiary organizations at an annual rate of NATIONAL ENDOWMENT FOR THE ARTS which $2,077,000 for fellowships and scholarly pay, including any bonuses or similar cash or GRANTS AND ADMINISTRATION awards shall remain available until Sep- in-kind amounts, in excess of the rate of pay tember 30, 2008; and including such funds as of the President of the United States. For necessary expenses to carry out the may be necessary to support American over- National Foundation on the Arts and the Hu- seas research centers and a total of $125,000 NATIONAL GALLERY OF ART manities Act of 1965, as amended, $124,412,000 for the Council of American Overseas Re- SALARIES AND EXPENSES shall be available to the National Endow- search Centers: Provided, That funds appro- For the upkeep and operations of the Na- ment for the Arts for the support of projects priated herein are available for advance pay- tional Gallery of Art, the protection and and productions in the arts, including arts

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education and public outreach activities, NATIONAL CAPITAL ARTS AND CULTURAL public support or opposition to any legisla- through assistance to organizations and indi- AFFAIRS tive proposal on which Congressional action viduals pursuant to section 5 of the Act, in- For necessary expenses as authorized by is not complete other than to communicate cluding $14,097,000 for support of arts edu- Public Law 99–190 (20 U.S.C. 956a), as amend- to Members of Congress as described in 18 cation and public outreach activities ed, $6,534,000. U.S.C. 1913. through the Challenge America program, for SEC. 403. No part of any appropriation con- ADVISORY COUNCIL ON HISTORIC program support, and for administering the tained in this Act shall remain available for PRESERVATION functions of the Act, to remain available obligation beyond the current fiscal year un- until expended: Provided, That funds pre- SALARIES AND EXPENSES less expressly so provided herein. viously appropriated to the National Endow- For necessary expenses of the Advisory SEC. 404. None of the funds provided in this ment for the Arts ‘‘Matching Grants’’ ac- Council on Historic Preservation (Public Act to any department or agency shall be ob- count and ‘‘Challenge America’’ account Law 89–665, as amended), $5,118,000: Provided, ligated or expended to provide a personal may be transferred to and merged with this That none of these funds shall be available cook, chauffeur, or other personal servants account: Provided further, That funds appro- for compensation of level V of the Executive to any officer or employee of such depart- priated herein shall be expended in accord- Schedule or higher positions. ment or agency except as otherwise provided by law. ance with sections 309 and 311 of Public Law NATIONAL CAPITAL PLANNING COMMISSION 108–108. SEC. 405. Estimated overhead charges, de- SALARIES AND EXPENSES ductions, reserves or holdbacks from pro- NATIONAL ENDOWMENT FOR THE HUMANITIES For necessary expenses, as authorized by grams, projects, activities and subactivities GRANTS AND ADMINISTRATION the National Capital Planning Act of 1952 (40 to support government-wide, departmental, U.S.C. 71–71i), including services as author- agency or bureau administrative functions For necessary expenses to carry out the ized by 5 U.S.C. 3109, $7,623,000: Provided, or headquarters, regional or central oper- National Foundation on the Arts and the Hu- That one-quarter of 1 percent of the funds ations shall be presented in annual budget manities Act of 1965, as amended, $126,049,000, provided under this heading may be used for justifications and subject to approval by the shall be available to the National Endow- official reception and representational ex- Committees on Appropriations. Changes to ment for the Humanities for support of ac- penses associated with hosting international such estimates shall be presented to the tivities in the humanities, pursuant to sec- visitors engaged in the planning and physical Committees on Appropriations for approval. tion 7(c) of the Act, and for administering development of world capitals. SEC. 406. None of the funds made available the functions of the Act, to remain available in this Act may be transferred to any depart- until expended. UNITED STATES HOLOCAUST MEMORIAL MUSEUM ment, agency, or instrumentality of the MATCHING GRANTS United States Government except pursuant HOLOCAUST MEMORIAL MUSEUM to a transfer made by, or transfer provided To carry out the provisions of section For expenses of the Holocaust Memorial in, this Act or any other Act. 10(a)(2) of the National Foundation on the Museum, as authorized by Public Law 106–292 SEC. 407. None of the funds available to the Arts and the Humanities Act of 1965, as (36 U.S.C. 2301–2310), $43,415,000, of which Forest Service or the Bureau of Land Man- amended, $14,906,000, to remain available $515,000 for the equipment replacement pro- agement may be used in fiscal year 2007 or until expended, of which $9,648,000 shall be gram shall remain available until September fiscal year 2008 to plan, prepare, or offer for available to the National Endowment for the 30, 2009; and $1,900,000 for the museum’s re- sale timber from trees classified as giant se- Humanities for the purposes of section 7(h): pair and rehabilitation program and quoia (Sequoiadendron giganteum) which are Provided, That this appropriation shall be $1,264,000 for the museum’s exhibition design located on National Forest System or Bu- available for obligation only in such and production program shall remain avail- reau of Land Management lands in a manner amounts as may be equal to the total able until expended. different than such sales were conducted in amounts of gifts, bequests, and devises of PRESIDIO TRUST fiscal year 2005. money, and other property accepted by the SEC. 408. (a) LIMITATION OF FUNDS.—None of PRESIDIO TRUST FUND chairman or by grantees of the Endowment the funds appropriated or otherwise made under the provisions of subsections For necessary expenses to carry out title I available pursuant to this Act shall be obli- 11(a)(2)(B) and 11(a)(3)(B) during the current of the Omnibus Parks and Public Lands Man- gated or expended to accept or process appli- and preceding fiscal years for which equal agement Act of 1996, $19,256,000 shall be cations for a patent for any mining or mill amounts have not previously been appro- available to the Presidio Trust, to remain site claim located under the general mining priated. available until expended. laws. ADMINISTRATIVE PROVISIONS WHITE HOUSE COMMISSION ON THE NATIONAL (b) EXCEPTIONS.—The provisions of sub- MOMENT OF REMEMBRANCE section (a) shall not apply if the Secretary of None of the funds appropriated to the Na- SALARIES AND EXPENSES the Interior determines that, for the claim tional Foundation on the Arts and the Hu- concerned: (1) a patent application was filed manities may be used to process any grant For necessary expenses of the White House with the Secretary on or before September or contract documents which do not include Commission on the National Moment of Re- 30, 1994; and (2) all requirements established the text of 18 U.S.C. 1913: Provided, That none membrance, $200,000. under sections 2325 and 2326 of the Revised of the funds appropriated to the National TITLE IV—GENERAL PROVISIONS Statutes (30 U.S.C. 29 and 30) for vein or lode Foundation on the Arts and the Humanities SEC. 401. The expenditure of any appropria- claims and sections 2329, 2330, 2331, and 2333 may be used for official reception and rep- tion under this Act for any consulting serv- of the Revised Statutes (30 U.S.C. 35, 36, and resentation expenses: Provided further, That ice through procurement contract, pursuant 37) for placer claims, and section 2337 of the funds from nonappropriated sources may be to 5 U.S.C. 3109, shall be limited to those Revised Statutes (30 U.S.C. 42) for mill site used as necessary for official reception and contracts where such expenditures are a claims, as the case may be, were fully com- representation expenses: Provided further, matter of public record and available for plied with by the applicant by that date. That the Chairperson of the National Endow- public inspection, except where otherwise (c) REPORT.—On September 30, 2007, the ment for the Arts may approve grants up to provided under existing law, or under exist- Secretary of the Interior shall file with the $10,000, if in the aggregate this amount does ing Executive Order issued pursuant to exist- House and Senate Committees on Appropria- not exceed 5 percent of the sums appro- ing law. tions and the Committee on Resources of the priated for grant-making purposes per year: House of Representatives and the Committee Provided further, That such small grant ac- b 1615 on Energy and Natural Resources of the Sen- tions are taken pursuant to the terms of an ate a report on actions taken by the Depart- expressed and direct delegation of authority Mr. TAYLOR of North Carolina (dur- ing the reading). Mr. Chairman, I ask ment under the plan submitted pursuant to from the National Council on the Arts to the section 314(c) of the Department of the Inte- Chairperson: Provided further, That 20 U.S.C. unanimous consent that the remainder rior and Related Agencies Appropriations 954(e) shall not apply to grants and contracts of title IV be considered as read, print- Act, 1997 (Public Law 104–208). funded solely with nonappropriated monies. ed in the RECORD, and open to amend- (d) MINERAL EXAMINATIONS.—In order to COMMISSION OF FINE ARTS ment at any point. process patent applications in a timely and The Acting CHAIRMAN. Is there ob- responsible manner, upon the request of a SALARIES AND EXPENSES jection to the request of the gentleman patent applicant, the Secretary of the Inte- For expenses made necessary by the Act from North Carolina? rior shall allow the applicant to fund a quali- establishing a Commission of Fine Arts (40 There was no objection. fied third-party contractor to be selected by U.S.C. 104), $1,951,000: Provided, That the the Bureau of Land Management to conduct Commission is authorized to charge fees to The text of the remainder of title IV a mineral examination of the mining claims cover the full costs of its publications, and is as follows: or mill sites contained in a patent applica- such fees shall be credited to this account as SEC. 402. No part of any appropriation con- tion as set forth in subsection (b). The Bu- an offsetting collection, to remain available tained in this Act shall be available for any reau of Land Management shall have the sole until expended without further appropria- activity or the publication or distribution of responsibility to choose and pay the third- tion. literature that in any way tends to promote party contractor in accordance with the

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2825 standard procedures employed by the Bureau eral Leasing Act (30 U.S.C. 181 et seq.) or the priated for Federal assistance to the State of of Land Management in the retention of Outer Continental Shelf Lands Act (43 U.S.C. Florida to acquire lands for Everglades res- third-party contractors. 1331 et seq.) within the boundaries of a Na- toration purposes. SEC. 409. Notwithstanding any other provi- tional Monument established pursuant to SEC. 418. (a) LIMITATION ON COMPETITIVE sion of law, amounts appropriated to or ear- the Act of June 8, 1906 (16 U.S.C. 431 et seq.) SOURCING STUDIES.— marked in committee reports for the Bureau as such boundary existed on January 20, 2001, (1) Of the funds made available by this or of Indian Affairs and the Indian Health Serv- except where such activities are allowed any other Act to the Department of the Inte- ice by Public Laws 103–138, 103–332, 104–134, under the Presidential proclamation estab- rior for fiscal year 2007, not more than 104–208, 105–83, 105–277, 106–113, 106–291, 107–63, lishing such monument. $3,450,000 may be used by the Secretary of 108–7, 108–108, 108–447, and 109–54 for pay- SEC. 415. In entering into agreements with the Interior to initiate or continue competi- ments to tribes and tribal organizations for foreign countries pursuant to the Wildfire tive sourcing studies in fiscal year 2007 for contract support costs associated with self- Suppression Assistance Act (42 U.S.C. 1856m) programs, projects, and activities for which determination or self-governance contracts, the Secretary of Agriculture and the Sec- funds are appropriated by this Act until such grants, compacts, or annual funding agree- retary of the Interior are authorized through time as the Secretary concerned submits a ments with the Bureau of Indian Affairs or the end of fiscal year 2010 to enter into recip- reprogramming proposal to the Committees the Indian Health Service as funded by such rocal agreements in which the individuals on Appropriations of the Senate and the Acts, are the total amounts available for fis- furnished under said agreements to provide House of Representatives, and such proposal cal years 1994 through 2006 for such purposes, wildfire services are considered, for purposes has been processed consistent with the re- except that, for the Bureau of Indian Affairs, of tort liability, employees of the country re- programming guidelines included in the re- tribes and tribal organizations may use their ceiving said services when the individuals port accompanying this Act. tribal priority allocations for unmet con- are engaged in fire suppression. The Sec- (2) Of the funds appropriated by this Act, tract support costs of ongoing contracts, retary of Agriculture or the Secretary of the not more than $2,500,000 may be used in fiscal grants, self-governance compacts or annual Interior shall not enter into any agreement year 2007 for competitive sourcing studies funding agreements. under this provision unless the foreign coun- and related activities by the Forest Service. SEC. 410. No part of any appropriation con- try (either directly or through its fire orga- (b) COMPETITIVE SOURCING STUDY DE- tained in this Act shall be expended or obli- nization) agrees to assume any and all liabil- FINED.—In this section, the term ‘‘competi- gated to complete and issue the 5-year pro- ity for the acts or omissions of American tive sourcing study’’ means a study on sub- gram under the Forest and Rangeland Re- firefighters engaged in firefighting in a for- jecting work performed by Federal Govern- newable Resources Planning Act. eign country. When an agreement is reached ment employees or private contractors to SEC. 411. Amounts deposited during fiscal for furnishing fire fighting services, the only public-private competition or on converting year 2006 in the roads and trails fund pro- remedies for acts or omissions committed the Federal Government employees or the vided for in the 14th paragraph under the while fighting fires shall be those provided work performed by such employees to pri- heading ‘‘FOREST SERVICE’’ of the Act of under the laws of the host country, and those vate contractor performance under the Of- March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), remedies shall be the exclusive remedies for fice of Management and Budget Circular A– shall be used by the Secretary of Agri- any claim arising out of fighting fires in a 76 or any other administrative regulation, culture, without regard to the State in foreign country. Neither the sending country directive, or policy. which the amounts were derived, to repair or nor any legal organization associated with (c) COMPETITIVE SOURCING EXEMPTION FOR reconstruct roads, bridges, and trails on Na- the firefighter shall be subject to any legal FOREST SERVICE STUDIES CONDUCTED PRIOR tional Forest System lands or to carry out action whatsoever pertaining to or arising TO FISCAL YEAR 2006.—The Forest Service is and administer projects to improve forest out of the firefighter’s role in fire suppres- hereby exempted from implementing the health conditions, which may include the re- sion. Letter of Obligation and post-competition pair or reconstruction of roads, bridges, and SEC. 416. In awarding a Federal contract accountability guidelines where a competi- trails on National Forest System lands in with funds made available by this Act, not- tive sourcing study involved 65 or fewer full- the wildland-community interface where withstanding Federal Government procure- time equivalents, the performance decision there is an abnormally high risk of fire. The ment and contracting laws, the Secretary of was made in favor of the agency provider, no projects shall emphasize reducing risks to Agriculture and the Secretary of the Interior net savings was achieved by conducting the human safety and public health and property (the ‘‘Secretaries’’) may, in evaluating bids study, and the study was completed prior to and enhancing ecological functions, long- and proposals, give consideration to local the date of this Act. term forest productivity, and biological in- contractors who are from, and who provide (d) In preparing any reports to the Com- tegrity. The projects may be completed in a employment and training for, dislocated and mittees on Appropriations on competitive subsequent fiscal year. Funds shall not be displaced workers in an economically dis- sourcing activities, agencies funded in this expended under this section to replace funds advantaged rural community, including Act shall include all costs attributable to which would otherwise appropriately be ex- those historically timber-dependent areas conducting the competitive sourcing com- pended from the timber salvage sale fund. that have been affected by reduced timber petitions and staff work to prepare for com- Nothing in this section shall be construed to harvesting on Federal lands and other forest- petitions or to determine the feasibility of exempt any project from any environmental dependent rural communities isolated from starting competitions, including costs at- law. significant alternative employment opportu- tributable to paying outside consultants and SEC. 412. Other than in emergency situa- nities. Notwithstanding Federal Government contractors and, in accordance with full cost tions, none of the funds in this Act may be procurement and contracting laws the Secre- accounting principles, all costs attributable used to operate telephone answering ma- taries may award contracts, grants or coop- to developing, implementing, supporting, chines during core business hours unless erative agreements to local non-profit enti- managing, monitoring, and reporting on such answering machines include an option ties, Youth Conservation Corps or related competitive sourcing, including personnel, that enables callers to reach promptly an in- partnerships with State, local or non-profit consultant, travel, and training costs associ- dividual on-duty with the agency being con- youth groups, or small or micro-business or ated with program management. tacted. disadvantaged business. The contract, grant, (e) In carrying out any competitive SEC. 413. Prior to October 1, 2008, the Sec- or cooperative agreement is for forest haz- sourcing study involving Forest Service em- retary of Agriculture shall not be considered ardous fuels reduction, watershed or water ployees, the Secretary of Agriculture shall— to be in violation of subparagraph 6(f)(5)(A) quality monitoring or restoration, wildlife or (1) determine whether any of the employ- of the Forest and Rangeland Renewable Re- fish population monitoring, or habitat res- ees concerned are also qualified to partici- sources Planning Act of 1974 (16 U.S.C. toration or management. The terms ‘‘rural pate in wildland fire management activities; 1604(f)(5)(A)) solely because more than 15 community’’ and ‘‘economically disadvan- and years have passed without revision of the taged’’ shall have the same meanings as in (2) take into consideration the effect that plan for a unit of the National Forest Sys- section 2374 of Public Law 101–624. The Secre- contracting with a private sector source tem. Nothing in this section exempts the taries shall develop guidance to implement would have on the ability of the Forest Serv- Secretary from any other requirement of the this section. Nothing in this section shall be ice to effectively and efficiently fight and Forest and Rangeland Renewable Resources construed as relieving the Secretaries of any manage wildfires. Planning Act (16 U.S.C. 1600 et seq.) or any duty under applicable procurement laws, ex- SEC. 419. None of the funds in this Act or other law: Provided, That if the Secretary is cept as provided in this section. prior Acts making appropriations for the De- not acting expeditiously and in good faith, SEC. 417. No funds appropriated in this Act partment of the Interior and Related Agen- within the funding available, to revise a plan for the acquisition of lands or interests in cies may be provided to the managing part- for a unit of the National Forest System, lands may be expended for the filing of dec- ners or their agents for the SAFECOM or this section shall be void with respect to larations of taking or complaints in con- Disaster Management projects. such plan and a court of proper jurisdiction demnation without the approval of the SEC. 420. Section 331 of the Department of may order completion of the plan on an ac- House and Senate Committees on Appropria- the Interior and Related Agencies Appropria- celerated basis. tions: Provided, That this provision shall not tions Act, 2000 (as enacted into law by sec- SEC. 414. No funds provided in this Act may apply to funds appropriated to implement tion 1000(a)(3) of Public Law 106–113; 113 Stat. be expended to conduct preleasing, leasing the Everglades National Park Protection and 1501A–196; 16 U.S.C. 497 note), as amended, is and related activities under either the Min- Expansion Act of 1989, or to funds appro- amended—

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2826 CONGRESSIONAL RECORD — HOUSE May 18, 2006 (1) in subsection (a) by striking ‘‘2006’’ and POINT OF ORDER The Acting CHAIRMAN. Pursuant to inserting ‘‘2007’’; and Mr. YOUNG of Alaska. Mr. Chair- the order of the House of today, the (2) in subsection (b) by striking ‘‘2006’’ and man, I make a point of order. gentleman from Wisconsin (Mr. OBEY) inserting ‘‘2007’’. The Acting CHAIRMAN. The gen- and the gentleman from Alaska (Mr. SEC. 421. The Secretary of Agriculture may acquire, by exchange or otherwise, a parcel tleman will state his point of order. YOUNG) each will control 15 minutes. of real property, including improvements Mr. YOUNG of Alaska. Mr. Chair- The Chair recognizes the gentleman thereon, of the Inland Valley Development man, I raise a point of order that the from Wisconsin. Agency of San Bernardino, California, or its language contained in section 425 be- Mr. OBEY. Mr. Chairman, I offer this successors and assigns, generally comprising ginning with ‘‘the Congress finds amendment simply to have an oppor- Building No. 3 and Building No. 4 of the that,’’ on page 125, line 3, through tunity to comment on what has just former Defense Finance and Accounting ‘‘contributors of global emissions’’ on transpired on the House floor. Services complex located at the southwest corner of Tippecanoe Avenue and Mill Street page 125, line 25, violates clause 2 of My great mentor and friend through in San Bernardino, California, adjacent to rule XXI of the rules of the House rep- most of my public life has been Gay- the former Norton Air Force Base. As full resenting prohibited legislation in ap- lord Nelson, the founder of Earth Day, consideration for the property to be ac- propriation bills. and perhaps the greatest environ- quired, the Secretary of Agriculture may The language that I have cited con- mentalist who ever served in the terminate the leasehold rights of the United tains congressional findings and a United States Senate. Just before he States received pursuant to section 8121(a)(2) died, I had my last conversation with of the Department of Defense Appropriations sense of Congress on global warming. Act, 2005 (Public Law 108–287; 118 Stat. 999). This language clearly constitutes legis- him about environmental issues, and The acquisition of the property shall be on lation in appropriations bill, and such he made quite clear that he thought such terms and conditions as the Secretary violates clause 2 of rule XXI. the greatest environmental threat to of Agriculture considers appropriate and The Acting CHAIRMAN. Does any mankind over the next 100 years was may be carried out without appraisals, envi- Member wish to be heard on the point the issue of global warming. And it is ronmental or administrative surveys, con- of order? time this Congress face up to that fact sultations, analyses, or other considerations Mr. DICKS. Mr. Chairman, I would of the condition of the property. and does something about it. SEC. 422. None of the funds made available like to be heard on the point of order. I don’t know what it takes to have in this Act may be used to study, complete This is my amendment, and I want the this government get off its you-know- a study of, or enter into a contract with a gentleman to understand that this what and start dealing with the most private party to carry out, without specific doesn’t have anything to do with au- critical environmental problem that authorization in a subsequent Act of Con- thorizing language either for Interior confronts the entire planet. If we just gress, a competitive sourcing activity of the or for Agriculture and that this amend- take a look at a few of the pieces of Secretary of Agriculture or the Secretary of the Interior, including support personnel of ment is a sense of the Congress. evidence that are lying all around: core the Department of Agriculture and the De- Now, I don’t see, and it would seem drillings in glaciers around the world partment of the Interior, relating to wildfire to me that the gentleman from Alaska enable us to study bubbles that go back management or wildfire suppression pro- would be more concerned about the as far as 300,000 years, and we see that grams. global warming issue because of the we have a higher concentration of car- SEC. 423. None of the funds made available consequences for his State. So I am bon dioxide than we have had in the in this Act may be used to work on or enter very surprised that he is offering this into a contract with a private party to carry known history of the planet. out, the Fire Program Analysis system, un- point of order against my amendment, Since 1970, the duration and intensity less both the Secretary of Agriculture and and I would hope he would reconsider. of hurricanes has increased by 50 per- the Secretary of the Interior certify, in writ- The Acting CHAIRMAN. Does the cent, the number of tornados in this ing to the Comptroller General, that this gentleman from Alaska wish to be country has now reached the highest funding will accomplish the existing work heard further? number in recorded history, some 1,700 plan, as determined by the Wildland Fire Mr. YOUNG of Alaska. I will not re- in one year. Two hundred western cit- Leadership Council, and that State wildfire consider. The language clearly con- ies have broken heat records in the agencies will be full participants in the use and development of the system. stitutes legislation on an appropria- past 2 years. SEC. 424. Notwithstanding any other provi- tions bill, and you know I do not like Glaciers, which are serving really as sion of law, no officer or employee of the legislation on appropriations bills, pe- the proverbial canaries in the mines, Smithsonian Institution or any of its sub- riod. I have been up here before, and I are trying to tell us something. Twen- sidiary organizations shall be compensated will be up here again every time on leg- ty-seven of the 38 glaciers in Glacier directly or indirectly at an annual rate of islation on appropriations bills. Park are gone, and the rest of them are pay in excess of the statutorily established The Acting CHAIRMAN. Does any likely to be gone before this century rate of pay of the President of the United States. other Member wish to be heard on the reaches its halfway point. The Larsen SEC. 425. (a) The Congress finds that— point of order? ice shelf, 700 feet thick, was expected (1) greenhouse gases accumulating in the The Chair finds that this section to last 100 years; it suddenly began to atmosphere are causing average tempera- states a legislative sentiment of the collapse in two weeks. The Arctic ice tures to rise at a rate outside the range of Congress. The section therefore con- cap has lost half of its thickness in the natural variability and are posing a substan- stitutes legislation in violation of last half century. The Greenland ice tial risk of rising sea-levels, altered patterns clause 2 of rule XXI. The point of order cap, as was referred to on that side of of atmospheric and oceanic circulation, and is sustained and the section is stricken increased frequency and severity of floods the aisle earlier, is melting at a highly and droughts; from the bill. accelerated rate. And, if it goes, one (2) There is a growing scientific consensus AMENDMENT OFFERED BY MR. OBEY third of Florida goes with it. It will be that human activity is a substantial cause of Mr. OBEY. Mr. Chairman, I offer an underwater. If it goes, it could shut greenhouse gas accumulation in the atmos- amendment. down the major Atlantic Ocean cur- phere; and The Acting CHAIRMAN. The Clerk rent. The current that drives the gulf (3) mandatory steps will be required to will designate the amendment. stream has already decreased 30 per- slow or stop the growth of greenhouse gas The text of the amendment is as fol- cent in 50 years, and that is driven by emissions into the atmosphere. (b) It is the sense of the Congress that lows: differences in temperature and salinity there should be enacted a comprehensive and Amendment offered by Mr. OBEY: of the water. effective national program of mandatory, Page 125, after line 25, insert the following So this to me is not just an environ- market-based limits and incentives on emis- new section: mental problem; it is a moral problem. sions of greenhouse gases that slow, stop, SEC. 426. The amounts otherwise provided It isn’t going to affect my generation. and reverse the growth of such emissions at by this Act are revised by reducing the All of you who are in my generation a rate and in a manner that (1) will not sig- amount available for Environmental Protec- are going to be gone within 20 years. nificantly harm the United States economy; tion Agency, Environmental Programs and and (2) will encourage comparable action by Management, and increasing the amount But it most certainly is going to affect other nations that are major trading part- made available for Environmental Protec- our kids, it most certainly is going to ners and key contributors to global emis- tion Agency, Environmental Programs and affect our grandkids. And I would hope sions. Management, by $1. that we would demonstrate that we

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2827 care more about the welfare of the think strikes me the most is if you will yond which we will be facing catas- planet than we care about committee take the time to study the globe, the trophe. jurisdictional dung hills. world as we know it, and look at what He may be right, and you may be But what is apparent today is that has occurred in the past and possibly right. If you are right, then moving to this Congress is going to be prevented will occur in the future, we are now deal with this problem costs us very from making a simple statement of pumping 1 million barrels a day from little. If he is right, not moving costs fact that humans and human activity Prudhoe Bay. Prudhoe Bay, the most us everything. The gentleman refers to are driving, at least significantly driv- northern part of this continent, we are an ice age. ing, the problem of global warming and pumping that oil. b 1630 that we have an obligation to do some- Now, I ask you, my friends, if you thing on the national level and the studied science, where does oil come If you shut down the ocean currents’ international level to deal with it, and from? What occurred on this globe at conveyors, you are going to have an ice we have an obligation to do it now. that time to allow mastodons, ferns, age in one heck of a hurry. So I would John Sawhill, who served a variety of tree stumps, a tropical atmosphere to suggest the gentleman has committee Republican administrations in a vari- be there to create that oil? And that is responsibilities. If he does not want ety of capacities, said this just before the reality. this committee to meet our respon- he died: ‘‘In the end, our society will be I ask you, secondly, if you go back to sibilities, as we have tried to do, then defined not only by what we create, but the Ice Age, and we have had four ice it is about time you meet yours and ac- by what we refuse to destroy.’’ And I ages, three majors and one minor, if tually do something about it rather think we ought to remember that when you go to New Mexico 12 million years than denying that this is a real prob- we think of this issue. ago, there was 287 feet of ice in New lem. To me, I think we need to remember Mexico. I won’t ask you what created Mr. Chairman, I reserve the balance what those who were present saw in that ice. But I will ask each and every of my time. 1933 at FDR’s inaugural when he took one of you and everybody watching and Mr. YOUNG of Alaska. Mr. Chair- the oath of office on the very steps of everybody talking this fear tactic what man, I yield myself 2 minutes. this Capitol. He is remembered mostly melted that ice all the way to the I thank the gentleman, again, for his for saying that ‘‘we have nothing to North Pole before mankind set foot on presentation. I am glad he gave us an fear but fear itself.’’ But the line that this continent. It certainly wasn’t hair additional 2 years because the way I got the greatest reaction from the spray or freon or automobile emissions. record it we have been in power for 12 crowd at that time was when FDR said, It melted, 287 foot of ice, before we set years, not 14 years. I would gladly take ‘‘We need action, and we need action foot. two more. Maybe that is an omen of now.’’ We most certainly do. And I re- I am a little bit concerned when ev- this next election, but I am just saying gret very much that the gentleman felt erything that is wrong is our fault, we have actually been going on 12 it necessary to knock out this lan- that the human factor creates all the years. guage. If he is going to do that, then I damages on this globe. That is pure Lastly, let us say this is not about would suggest that the authorizing nonsense. That is nonsense. the action itself. It is about legislating committees have an obligation to sit And so I am asking you, let’s have on appropriation, but I do, and ask you down with the White House and begin the hearings, let’s have the scientists, sincerely, I do not have jurisdiction immediately, not 6 months, not 6 years let’s have some debate about really with that committee. Thank God, I do from now, the real process of producing what is occurring here instead of hav- not really run the White House, but I actions that will indeed save this plan- ing hysteria and saying it is all our think we have to legitimately and not et from what is most assuredly going fault. respond to the fear tactic. Read the to occur if we continue the drift that is And, by the way, it is always the book, Controlled By Fear. It is very in- implied by this action today. fault of the Americans. It is never the teresting you can frighten people into Mr. Chairman, I reserve the balance fault of the bigger countries that burn doing most anything, including taking of my time. as many barrels of oil as we are doing away the economy and the opportunity Mr. YOUNG of Alaska. Mr. Chair- today, not per capita but as many bar- for future generations, easily done. man, I have the greatest respect for the rels of oil, and burn the coal as we are That is what I do not want us to fall gentleman who just spoke. My interest trying to do. It is never their fault. It into. If we are the driving factor, I am is in fact legislation on appropriation is our fault. willing to accept that responsibility bills. And I do believe we have the op- So let’s have a sound debate about and do something of it, but again, go portunity to in fact have good hearings this issue and not be caught in this at- back to the history of this globe and on this issue, because there is a dif- titude that we must do something what has occurred. It is ironic when I ference of opinion. right now because we are the Federal go into many of these States and I see Do me a favor, my friends, and go Government. Let’s do it the right way. seashells at 11,000 feet, seashells. This back and read 1972, 1973, 1974 and 1975. I reserve the balance of my time. continent was covered with water at You were here, Mr. OBEY. I believe you Mr. OBEY. Mr. Chairman, I yield my- one time, retreated and allowed hu- were. I was. Maybe you weren’t. self 2 minutes. manity to grow. Now, keep that in Mr. OBEY. Yes. Mr. Chairman, I knew we still had mind. Do not keep getting caught in Mr. YOUNG of Alaska. We call that charter members of the Flat Earth So- the idea that everything that is here the Ice Age. Every scientist of any re- ciety walking around this country. I now is permanent. The Earth is a nat- nown said we were faced with an ice didn’t realize there were quite so many ural, evolving phenomenon. age. It was irreversible. We were going in the United States Congress. That is all I am asking people to do. to be faced with famines. The world Mr. YOUNG of Alaska. I am just curi- It is not to be caught into the fear and was coming to an end. And we had to ous, were you referring to yourself? driving and say it is all our fault what do something about it immediately. We Mr. OBEY. The rules don’t allow me is occurring. If that is the case through had to do something about it as the to say who I was referring to. such studies, then let us accept that, Congress. The gentleman says we should have but right now it has not been proven. Check the records. That is the re- studies, we should have hearings. Your There is a large division that says this ality. What concerns me the most is party has controlled this Congress for is not happening because of humanity. the possibility of a fear tactic being 14 years. The time for studying is over. Mr. Chairman, I reserve the balance implemented in the warming threat. The time for studying is past. There is of my time. Let’s have a good study. Let’s have a a huge scientific consensus that human Mr. OBEY. Mr. Chairman, I yield my- debate and division of what is occur- beings are driving global warming. And self 1 minute. ring by scientists. Let’s look at the James Hansen from NASA has told us I would simply say to my good friend model. Yes, the Earth is warming, in that in his view we may have less than that just about the only scientists left some areas. I just read a report, in fact, 10 years to deal with this problem be- in the world who do not recognize that that Greenland is cooling. The thing I fore we hit a critical tipping point be- this is a serious and real problem are

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2828 CONGRESSIONAL RECORD — HOUSE May 18, 2006 those who have an economic interest in With this chart, let me touch one amount has a large impact on the heat not recognizing it, and that, in my facet of the climate crisis that we are balance or the climate of the planet, view, is an absolute fact. dealing with. 6.3 billion people, on av- and so if you can take an analysis, The gentleman talks about not want- erage, produce four tons of CO2 every which we can, without dispute from the ing to fall into a trap. What you are year. That comes to a total of slightly scientific community, over the past going to fall into if we listen to the more than 25 billion tons of CO2 pro- 10,000 years, you can actually go back 5 gentleman is sea levels 20 to 30 feet duced every year. Our 290 million peo- million years, but if you look at the higher than they are now, and virtually ple produce 20 tons per person, and last 10,000 years, we have increased in every coastal city in the world is going China, with its almost 1.3 billion people CO2 by a natural amount from 180 parts to be under water, and New Orleans is in 2003 produced 2.7 tons per person of per million of CO2 to 280 parts per mil- going to be the norm rather than the CO2. lion. It took 100 years to increase the unhappy exception. That is what the We all know that China is industri- amount of CO2 in the atmosphere by world is going to face if we do not deal alizing at a growth rate of 8 to 10 per- 100 parts per million. with this problem and begin to deal cent per year. China is on track to pass But then if you look at the last 100 with it while we still have time. the U.S. as the largest economy in the years, especially the last 50 years, we Mr. Chairman, how much time do we world in 20 to 25 years, and China is de- have increased it by another 100 parts have remaining on each side? termined to give its people a chance at per million. Now, that is a tiny The CHAIRMAN. The gentleman this high standard of living that we amount. It is another very small per- from Wisconsin (Mr. OBEY) has 71⁄2 min- enjoy. centage. It took 10,000 years to increase utes remaining. The gentleman from Consider a hypothetical case. If every it by 100 parts per million. It took real- Alaska (Mr. YOUNG) has 9 minutes re- country except China stayed exactly ly less than 100 years to increase it an- maining. where they are on population and en- other 100 parts per million, which can Mr. OBEY. Mr. Chairman, I yield 5 ergy usage, and China alone industri- be directly attributed to human activ- minutes to the gentleman from Massa- alized to our level, using the same mix ity burning fossil fuel. chusetts (Mr. OLVER). of energy sources that the U.S. uses in Now, it is still a very tiny amount. Mr. OLVER. Mr. Chairman, I thank emitting the same 20 tons of CO2 per Even if the human input to the increas- the gentleman for yielding. person that the U.S. emits, it is a sim- ing CO2 is only 4 percent, when we are I am sorry that the gentleman from ple calculation to reach a number by working at levels of hundredths of a Alaska has raised this point of order taking the 1.3 billion Chinese and mul- percent, that 4 percent is significant. because planet Earth is warming. Cli- tiplying it by the difference between 20 So we are seeing, as a result of the mate scientists of all persuasions agree and 2.7, 17.3 additional tons per person, change in increase in CO2, warming that the average surface temperature and that comes to 22.5 billion tons of temperatures of the atmosphere, warm- of the Earth has risen by about 2 de- added CO2 over what is presently emit- ing temperatures of the oceans, reced- grees Fahrenheit since 1850, and all ted by the whole world. That is 90 per- ing glaciers, and that is not to scare agree that the accurately measurable cent as much as is being produced by people. concentration of carbon dioxide in our the whole world today. We, as adults, always want better atmosphere has risen from about 280 The industrialization of China alone science for our students in our schools. parts per million in 1850 to over 380 would increase by 90 percent the con- We need better science here on the parts per million today. Furthermore, centration of CO2 in our atmosphere House floor. If you look at the Green- 75 of that 100 parts per million rise has and would at least increase the atmos- land ice sheet 25 years ago, 20 cubic occurred in just the last 40 years. pheric CO2 by at least another 100 parts miles of that ice sheet was flowing into As a scientist, my attention became per million. the North Atlantic. Today, just a few totally focused on global warming That simple example tells why cli- decades later, 53 cubic miles a year of some 15 years ago by the elegant and mate scientists are so concerned about the Greenland ice sheet is flowing into powerful measurements of carbon diox- the lack of effective measures to curb the North Atlantic, and like the gen- ide trapped in ice cores taken as much CO2 emissions, to develop new tech- tleman from Wisconsin said earlier, if as 2 miles deep from the great East nology, to produce energy that does the Greenland ice sheet were to go, and Antarctica ice sheet. not produce CO2, to increase efficiency it is growing, we should recognize a po- Those data give a continuous 400,000- of present technology and, frankly, to tential for a 23-feet increase in the sea year record of concentration of CO2 in conserve energy. level. the atmosphere at the time the snow The sense of the Congress resolution So, all we are asking for on the that now makes up that great ice sheet on which a point of order has been House floor is let us look at the data. fell. Through four successive cycles of raised recognizes the looming crisis Let us acknowledge our future. deep cold followed by interglacial peri- that human life faces if we continue to Mr. YOUNG of Alaska. Mr. Chair- ods of warming, in the coldest part of produce the energy needed by methods man, I yield myself such time as I may each cycle the concentration of CO2 in that disrupt the Earth’s climate by consume. the atmosphere never fell below 190 adding humongous amounts of CO2 into Mr. Chairman, I just want to remind parts per million, and in the warmest our atmosphere. It is a critical first people, this is an appropriations bill, period of each cycle never rose above step in any effort to address global and we can go through the process. I 280 parts per million. warming. think the debate has been good. We Suddenly, within the last 40 years, Mr. YOUNG of Alaska. Mr. Chair- have had some good presentations. It is concentration of carbon dioxide in our man, I yield 3 minutes to the gen- just a matter of difference of opinion, atmosphere has smashed through the tleman from Maryland (Mr. and some day we will decide who is 400,000-year maximum of 280 parts per GILCHREST). right, and when I become the correct million to a 380-part per million level Mr. GILCHREST. Mr. Chairman, I one I hope you all recognize that. and continues to rise. thank and appreciate the gentleman Mr. Chairman, I yield back the bal- Since 1850, burning of fossil fuels, from Alaska for the time. ance of my time. coal, oil and natural gas has increased The issue that we are debating here, Mr. OBEY. Mr. Chairman, let me 100 times to produce energy as the this sense of Congress, is to ask the yield the remaining 2 minutes of my world has industrialized to serve the Members of Congress to take a look at time to the distinguished gentleman world’s more than 6 billion and grow- a potential problem of global warming from Washington (Mr. DICKS), who was ing population. The scientists who do that human activity is causing by the originator of the language which climate research understand that much burning fossil fuel and adding increas- was stricken. of the ever increasing concentration of ing amounts of CO2 to the atmosphere Mr. DICKS. Mr. Chairman, I am CO2 in the atmosphere since 1850 must that helps with the greenhouse effect. going to be brief here. be attributed to burning those fossil Carbon dioxide makes up less than The reason I offered this global fuels to produce the energy that drives 100th of 1 percent of the atmosphere, a warming amendment is because I be- industrialization. very, very tiny amount. Yet that tiny lieve this is a serious problem. When

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2829 you have six former administrators of sult of global warming. The United States economy and encourage comparable actions the Environmental Protection Agency must act, and we must act soon. by other nations. saying this is a reality, when you have The language that was removed from the That is why I am the lead cosponsor of just heard Congressman GILCHREST Interior Appropriations Bill today declared the Congressman TOM UDALL’s Keep America talk about the increases in parts per need for a mandatory cap on greenhouse Competitive Global Warming Policy Act. This million of carbon dioxide, and when emissions. Stripping this language further legislation is a mandatory, economy wide, you have the visible evidence of our shows the lack of political will of the House of cap-and-trade all greenhouse gas reduction glaciers melting, the Greenland ice Representatives on this issue. Mr. Chairman, policy. sheet is melting at a faster rate, the global warming is perhaps the biggest problem It sets a reasonable standard for emissions polar bears are dying because there is that present and future generations of Ameri- and allows companies to buy the time they not enough ice. I mean at some point cans will face. We cannot leave this to our need to meet reduction requirements without can the majority here not figure out we children. incurring irreparable harm. ought to have some study, we ought to Our colleagues in the Senate have already The bill will maintain U.S. competitiveness look into this, that this is a real issue begun the much needed debate on this issue. by encouraging research and innovation as that affects everyone on the Earth? In fact, they passed a sense of Congress ex- well as tie increases in the price of an emis- While Alaska melts away, their Con- actly the same as the one that was stripped sion allowance to the emissions-reducing ac- gressmen will be down here in D.C. and today. In addition, they held a day-long climate tions of developing countries. everybody will be wondering whatever change forum that gathered stakeholders on So I hope at some point we can come to- happened to Alaska. this issue, including the leadership of numer- gether and begin the discussion in a thought- All I am saying is this is a serious ous top American companies such as GE and ful, bipartisan manner and work to address problem, and it is time for serious peo- Walmart. Many positions and recommenda- this issue. ple to get serious, including the gen- tions for federal greenhouse gas control legis- The CHAIRMAN. All time for debate tleman from Alaska. lation were aired and debated. It is way past has expired. Mr. YOUNG of Alaska. Mr. Chair- time for the House of Representatives to join The question is on the amendment man, will the gentleman yield? the debate. At this point, Mr. Chairman, our offered by the gentleman from Wis- Mr. DICKS. I yield to the gentleman neglect has become a dereliction of duty. consin (Mr. OBEY). from Alaska. Several pieces of legislation have already The amendment was rejected. Mr. YOUNG of Alaska. Mr. Chair- been introduced on the monumentally impor- The CHAIRMAN. The Clerk will read. man, I just want to remind him, if you tant and complex issue of global warming. The Clerk read as follows: look at any of the studies that are tak- Certainly, it will take considerable time, effort TITLE V—SUSPENSION OF ROYALTY ing place now, the polar bear pack is and investment to mitigate the negative effects RELIEF very healthy and, in fact, increasing. of greenhouse gas emissions. And, this must SEC. 501. (a) REQUIREMENT TO SUSPEND.— Keep that in mind. Read something be done equitably and without unnecessary The Secretary of the Interior shall suspend that really has some merit to it. Do harm to hard-working Americans. the application of any provision of Federal not just read the fear tactic. This is Fortunately, much is already known on what law under which any person is given relief science from the Fish and Wildlife peo- we can do. Research and development on from any requirement to pay royalty for pro- ple. Read that. They will tell you we creative solutions to global warming has been duction oil or natural gas from Federal lands (including submerged lands), for leases oc- are increasing the numbers, not de- underway for some time. Indeed, there is a lot curring in any period after the date of the creasing. Where you got this idea, I of optimism that we can control the worst ef- enactment of this Act with respect to have no idea. Because someone told fects if we make the commitment. Many com- which— you that. panies, states and cities around the country (1) in the case of production of oil, the av- Mr. DICKS. Mr. Chairman, I do not have begun the process. The United States erage price of crude oil in the United States think you and I will be here to figure House of Representatives remains silent. over the most recent 4 consecutive weeks is out who was right. I would rather do We have not had a single hearing on global greater than $34.71 per barrel; and some serious research about it now warming legislation. In the mean time, the (2) in the case of production of natural gas, the average wellhead price of natural gas in than wake up 10 years from now and United States continues to increase its green- the United States over the most recent 4 find out if we would have acted back in house gas emission levels and China and consecutive weeks is greater than $4.34 per 2006 and done something about this, we India are developing fossil fuel dependent, thousand cubic feet. might have been able to save all of hu- carbon-intensive economies at astounding (b) DETERMINATION OF MARKET PRICE.—The manity. rates. Mr. Chairman, the process must begin. Secretary shall determine average prices for I mean, this is real and it is an im- The United States must be a leader on this purposes of subsection (a) based on the most portant issue, and I hate to see it be issue. recent data reported by the Energy Informa- treated so frivolously by the gentleman Included in the list of legislation foundering tion Administration of the Department of Energy. from Alaska. in the House is a bill that the Gentleman from Wisconsin, Mr. PETRI, and I introduced. H.R. POINT OF ORDER b 1645 5049, the Keep America Competitive Global Mr. PEARCE. Mr. Chairman, I rise to Mr. OBEY. Mr. Chairman, I yield for Warming Policy Act, is a bipartisan policy that make a point of order. the purpose of a unanimous consent re- will address greenhouse gas emissions but The CHAIRMAN. The gentleman will quest to the gentleman from New Mex- not put America’s jobs at risk. This monu- state his point of order. ico (Mr. UDALL). mental step of putting a price on carbon will Mr. PEARCE. Mr. Chairman, I make (Mr. UDALL of New Mexico asked stabilize and eventually reduce emissions, fi- the point of order that the language and was given permission to revise and nally putting the United States on the road to- contained in section 501 of the bill vio- extend his remarks.) ward curbing the effects of global warming. lates clause 2(b) of rule XXI and con- Mr. UDALL of New Mexico. Mr. Mr. Chairman, I urge the House of Rep- stitutes legislation on an appropria- Chairman, I support keeping the lan- resentatives to immediately begin the debate tions bill. guage in because, as the gentleman on solutions to global warming. The CHAIRMAN. Does any other from Washington has said, it is very, Mr. OBEY. Mr. Chairman, I want to Member wish to be heard on the point very important to deal with this prob- congratulate the gentleman from Alas- of order? lem. ka. He always does the best job pos- If not, the Chair will rule. The Chair Mr. Chairman, I am extremely disappointed sible in selling a very bad case. finds that this section contains lan- that the Rules Committee did not protect the Mr. PETRI. Mr. Chairman, I would like to guage imparting direction to the Exec- global warming language in the Interior Appro- take this opportunity to encourage the House utive. priations Bill. Global warming is real and to seriously look at the issue of climate The section therefore constitutes leg- human activities are largely to blame. Many change. islation in violation of clause 2 of rule scientists believe the erratic and record-break- I agree with many of my colleagues who XXI. The point of order is sustained ing weather events we are seeing across the have spoken today on the need to address and the section is stricken from the country, such as the prolonged droughts in my global warming and that any national policy bill. home state of New Mexico, are the direct re- should not significantly harm the United States The Clerk will read.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2830 CONGRESSIONAL RECORD — HOUSE May 18, 2006 The Clerk read as follows: the price of oil on two separate occa- If the lessees seek to maintain their SEC. 502. RENEGOTIATION OF EXISTING sions, once at the gasoline pump and valid legal rights under these con- LEASES.—The Secretary of the Interior shall once when their oil and natural gas is tracts, the amendment would penalize seek to renegotiate each existing lease au- being drilled and obtained by oil com- them for doing so, in violation of their thorizing production of oil or natural gas on panies that are not paying the royal- due process rights under the Constitu- Federal land (including submerged land) that ties on those leases. This is something tion. At best, the amendment is an in- was issued by the Department of the Interior that needs to stop. vitation to litigation, which the gov- before the date of the enactment of this Act We have right now over 1,000 leases, as necessary to modify the terms of such ernment will likely lose at a high cost lease to ensure that any suspension of a re- roughly 1,032 leases, to major oil com- to the taxpayer. A more dire impact quirement to pay royalties under such lease panies to drill in the Outer Continental will be the lack of development of en- does not apply to production referred to in Shelf and elsewhere, and there is no ergy resources that America badly section 501(a). provision for those oil companies to needs. POINT OF ORDER pay royalties on the product owned by The amendment would disqualify Mr. PEARCE. Mr. Chairman, I rise to the American citizens that is being many companies from bidding on new make a point of order. taken out of the ground, whether it is leases. Remember, these leases were dry or under the Continental Shelf. The CHAIRMAN. The gentleman will valid leases signed by the government, That needs to change. We are losing state his point of order. legally binding. They are contracts. So roughly $1 billion a year, and unless Mr. PEARCE. Mr. Chairman, I make what we are going to do is penalize this is changed over the course of the the point of order that the language these companies because they are abid- next 20 years, we will lose more than contained in section 502 of the bill vio- ing by their legal contracts. lates clause 2(b) of rule XXI and con- $20 billion. Sure, we want them to negotiate. We stitutes legislation on an appropria- So we need a situation that is going want them to renegotiate. We would tions bill. to address this, and this amendment like them to pay the royalties. But the The CHAIRMAN. Does any Member will do so. It simply says that anyone Clinton/Gore administration at that wish to be heard on the point of order? who is interested in having leases to If not, the Chair will rule. The Chair extract oil or natural gas from the time put these contracts in place. They finds that this section contains lan- Outer Continental Shelf, and they have were signed by the companies. They guage imparting direction to the Exec- already leases upon which they are not were signed by the government. And utive. paying the proper royalties, is not now we are going to go in and say if The section therefore constitutes leg- going to be permitted to take those you don’t renegotiate, then you are not islation in violation of clause 2 of rule new leases. going to be eligible for any of these XXI. Those new leases provide for royal- contracts. If you don’t pay royalties on The point of order is sustained and ties between 12 and 16 percent. The roy- these contracts, wherein you are doing the section is stricken from the bill. alties are on a product that is owned exactly what you are required to do by by the citizens of this country, whether law, if you don’t pay royalties volun- AMENDMENT OFFERED BY MR. HINCHEY it is the oil or the natural gas; and any tarily, then you are not going to be eli- Mr. HINCHEY. Mr. Chairman, I offer oil company that is taking those prod- gible for any of the new leases that are an amendment. ucts out of the ground, out of public out there. The CHAIRMAN. The Clerk will des- lands, taking this public property and To me, that is discrimination against ignate the amendment. not paying royalties on it should not The text of the amendment is as fol- those companies. Sure, we would like be provided with additional leases un- lows: them to pay the royalties. We think less they are willing to pay royalties they should. We think they should re- Amendment offered by Mr. HINCHEY: both on the additional leases and the At the end of the bill (before the short negotiate, but I don’t think you can go title), insert the following: leases that they already have. in and break the contract that the gov- Mr. Chairman, I reserve the balance TITLE ll—ADDITIONAL GENERAL ernment signed with these companies of my time. by pressuring them with the threat of PROVISIONS Mr. TAYLOR of North Carolina. Mr. not being eligible for future leases. SEC. ll. None of the funds made available Chairman, I rise to claim the time in in this Act may be used to issue any new opposition. Mr. Chairman, this is a bad amend- lease that authorizes production of oil or ment and we should reject it. natural gas under the Outer Continental The CHAIRMAN. The gentleman is Shelf Lands Act (43 U.S.C. 1331 et. seq.) to recognized for 15 minutes. Mr. HINCHEY. Mr. Chairman, I just any lessee under an existing lease issued by Mr. TAYLOR of North Carolina. Mr. want to point out to my friend from the Department of the Interior pursuant to Chairman, I yield 3 minutes to the gen- Idaho that the Congressional Research the Outer Continental Shelf Deep Water tleman from Idaho (Mr. SIMPSON). Service has told us that the enactment Royalty Relief Act (43 U.S.C. 1337 note), Mr. SIMPSON. Mr. Chairman, I stand of this amendment would not con- where such existing lease is not subject to to oppose this amendment offered by stitute a taking of existing lease- limitations on royalty relief based on mar- the gentleman from New York. In com- holders’ rights, and goes on to say that ket price. mittee, the gentleman from New York this amendment is perfectly appro- The CHAIRMAN. Pursuant to the offered an amendment that conditioned priate and should be adopted. order of the House of today, the gen- eligibility for future leases on renego- Mr. Chairman, I yield 2 minutes to tleman from New York (Mr. HINCHEY) tiation of price thresholds in old leases. the gentleman from California (Mr. and a Member opposed each will con- Today’s amendment seeks to obtain GEORGE MILLER). trol 15 minutes. the same coercive result by indirec- The Chair recognizes the gentleman tion. Mr. GEORGE MILLER of California. from New York. I share the gentleman’s concern I thank the gentleman for yielding. Mr. HINCHEY. Mr. Chairman, I yield about the lack of price thresholds in What is it about the marketplace myself 3 minutes. leases negotiated by the Clinton/Gore that the Republicans don’t understand? Mr. Chairman, the amendment I have administration in 1998 and 1999. The You signed a valid lease, although at the desk is a simple one. It says that Department of the Interior’s Inspector there is some argument about it. But none of the funds made available in General has appropriately launched an you have a valid lease and now you this act may be used to issue any new investigation into this, as has the Re- want to lease the space next door. You leases that authorize production of oil sources Committee. However, these leased a couple hundred thousand or natural gas under the Outer Conti- leases were valid legal contracts signed square feet, and you leased a thousand nental Shelf Lands Act to any lessee between the government and these square feet, and now you want to lease under an existing lease where such companies in good faith. They paid next door. The economy has changed lease is not providing the proper royal- hundreds of millions of dollars in bonus and now the land is available and so ties based upon market price. bids for these leases, bidding on the the landlord says to you, I think we We have a situation here where the basis of the royalty relief that they will do is, we will do a wraparound American public is being gouged for were being offered. lease. You want this?

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 May 18, 2006 CONGRESSIONAL RECORD — HOUSE H2831 This is done all the time. It is done muting to work and are paying that have a second mortgage on your home all the time in the business world. Var- price every day. Why do they now have and you want a new line of credit. It is ious assets at various prices are com- to pay it through this tax break a valid line of credit and it is a 4 per- bined, and the landlord thinks about through this royalty relief? cent loan. What does the bank tell you? extracting what he can at that time Mr. TAYLOR of North Carolina. Mr. We want you to pay it off, and the new when you come to renegotiate. This Chairman, I yield 4 minutes to the gen- rate is 7 percent or 6 percent. happens all the time in the real estate tleman from Idaho (Mr. SIMPSON). People renegotiate these contracts field, all the time in the minerals field. Mr. SIMPSON. Thank you, Mr. all the time. You just refuse to nego- All we are saying to the government Chairman. I appreciate what the gen- tiate them on behalf of the taxpayers. is, these people have such a huge ad- tleman from California was saying, but You renegotiate them all of the time vantage because of the failure of the he was wrong. Just dead wrong. on behalf of the oil companies. We do it cap, we don’t think they ought to get These leases were signed by the gov- all of the time. any additional leases. They can keep ernment. They were legal leases. They This is what people do when they those leases without the caps and not were valid leases. All we are saying is lease, or they can negotiate those caps that the government ought to keep its want to refinance their homes. The with the government to be like the rest word. When they sign a contract, they banker says, here are the new rules. of the oil companies and they can ought to honor the contract. The gen- You can stick with your loan and be lease. This is a business transaction. It tleman is absolutely wrong. Congress happy as you are; but if you want an- just happens to be a business trans- and the government should keep their other $50,000 out of your house, here action on behalf of the people of the word when they sign a contract. That are the points you have to pay. People United States of America who own is all we are saying. understand this. these lands. Do we want them to pay royalty on Why don’t you let the marketplace What is it about the marketplace this? Certainly we should, and I do not work for once and why don’t we run the that you think at $70 a barrel you need know why in the world the Clinton/ government like a business, like so royalty relief? I think you are con- Gore administration, the Clinton/Gore many of our constituents stand up and fusing this with the idea that the oil administration, let these leases go tell us to do. We now have an oppor- companies are somehow royalty and we without any royalty. I do not know tunity. We now have an opportunity, must bow down to them. At $70 a bar- why they did that, but the reality is and you are refusing to take the oppor- rel, the conservative chairman of my that they were signed contracts. And tunity on behalf of the taxpayers. committee, the Resources Committee, all we are suggesting is that you Mr. TAYLOR of North Carolina. Mr. said nobody deserves royalty relief. should not penalize those companies Chairman, I yield 2 minutes to the gen- The President of the United States that actually signed these contracts in tleman from Idaho (Mr. SIMPSON). says at these prices nobody deserves good faith. You should not penalize Mr. SIMPSON. I am sorry the gen- royalty relief. And here you are on the them for future leases. Why should we tleman from California left the floor. floor of the House of Representatives penalize them? There is absolutely no We do renegotiate all the time, but it arguing for people who get $70 a barrel. reason why we should penalize them. is up to me to decide whether I want to I talked to the CEOs of these compa- We should honor our word and our con- renegotiate or not. nies when this royalty relief came up, tracts, and then we should go forward. and most of them thought it was bal- What we are doing is imposing a pen- We hope, we hope that they will re- alty on these companies if they choose derdash. Most of them thought it was negotiate for leases, but this is not giv- about trying to rescue a couple of com- not to renegotiate. And I really don’t ing a break to those companies. That is care what CRS says. I don’t think they panies that made some real bad deci- not what we are intending. We hope sions in the gulf shelf when oil was a are a bunch of attorneys down there. they renegotiate. That is the reality. All I know is that in Idaho, we believe bad price. Fine, we agreed that under Mr. HINCHEY. Mr. Chairman, the that when you write a contract you $34 a barrel you can have some royalty Bush administration has allowed these abide by the contract. We have written relief. Oil today, my friends, maybe leases to continue for 5 years, and they a contract. We ought to abide by it. you haven’t been out of the Chamber haven’t renegotiated them. I would here, it is $70 a barrel; and that is why just like to draw that to the attention We are the Government of the United we are asking the marketplace to work of my friend from Idaho. States. If you can’t trust us to abide by on behalf of the taxpayers of the coun- Mr. Chairman, I yield 1 minute to the the contracts we sign, why should we try who are paying $3.50 for gasoline. gentleman from California (Mr. trust anybody else to? The gentleman’s amendment should GEORGE MILLER). Mr. HINCHEY. Mr. Chairman, I yield be unanimous in this House on behalf Mr. GEORGE MILLER of California. 2 minutes to the gentleman from Vir- of people who are buying gas and com- You have a loan on your home. You ginia (Mr. MORAN).

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

LEAVE OF ABSENCE Mr. FLAKE (at the request of Mr. eling with the President of the United BOEHNER) for today on account of trav- States to Arizona. By unanimous consent, leave of ab- eling with the President of the United sence was granted to: f States to Arizona. Mr. LARSON of Connecticut (at the re- SPECIAL ORDERS GRANTED Mr. FRANKS of Arizona (at the re- quest of Ms. PELOSI) for today on ac- By unanimous consent, permission to count of a family medical emergency. quest of Mr. BOEHNER) for today on ac- count of traveling with the President address the House, following the legis- Mr. LEACH (at the request of Mr. of the United States to Arizona. lative program and any special orders BOEHNER) for today on account of giv- heretofore entered, was granted to: ing a commencement address in his Mr. HAYWORTH (at the request of Mr. (The following Members (at the re- district. BOEHNER) for today on account of trav- quest of Mr. DEFAZIO) to revise and ex- Mr. SHADEGG (at the request of Mr. eling with the President of the United tend their remarks and include extra- BOEHNER) for today on account of trav- States to Arizona. neous material:) eling with the President of the United Mr. KOLBE (at the request of Mr. Mr. DEFAZIO, for 5 minutes, today. States to Arizona. BOEHNER) for today on account of trav- Mr. EMANUEL, for 5 minutes, today.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 H2832 CONGRESSIONAL RECORD — HOUSE May 18, 2006 Mr. PALLONE, for 5 minutes, today. 7581. A letter from the Acting Director, De- PUBLIC BILLS AND RESOLUTIONS Mr. MCDERMOTT, for 5 minutes, fense Procurement and Acquisition Policy, Under clause 2 of rule XII, public today. Department of Defense, transmitting the De- partment’s final rule — Defense Federal Ac- bills and resolutions were introduced Mr. BROWN of Ohio, for 5 minutes, quisition Regulation Supplement; Labor and severally referred, as follows: today. Laws [DFARS Case 2003-D019] received April By Mr. THOMAS: Ms. WOOLSEY, for 5 minutes, today. 25, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 5416. A bill to provide for grants to Mr. GEORGE MILLER of California, for the Committee on International Relations. conduct research toward the development of 5 minutes, today. 7582. A letter from the Acting Director, De- a vaccine against Valley Fever; to the Com- Ms. KAPTUR, for 5 minutes, today. fense Procurement and Acquisition Policy, mittee on Energy and Commerce. By Mr. SENSENBRENNER (for him- Ms. WASSERMAN SCHULTZ, for 5 min- Department of Defense, transmitting the De- self, Mr. CONYERS, Mr. BOUCHER, and utes, today. partment’s final rule — Defense Federal Ac- quisition Regulation Supplement; Incre- Ms. ZOE LOFGREN of California): Ms. MCKINNEY, for 5 minutes, today. mental Funding of Fixed-Price Contracts H.R. 5417. A bill to amend the Clayton Act Ms. SCHWARTZ of Pennsylvania, for 5 [DFARS Case 1990-037] received April 25, 2006, with respect to competitive and nondiscrim- minutes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- inatory access to the Internet; to the Com- The following Members (at the re- mittee on International Relations. mittee on the Judiciary. quest of Mr. SHAYS) to revise and ex- 7583. A letter from the Chief Counsel, Of- By Mr. ISSA (for himself and Mr. fice of Foreign Assets Control, Department SCHIFF): tend their remarks and include extra- H.R. 5418. A bill to establish a pilot pro- of the Treasury, transmitting the Depart- neous material:) gram in certain United States district courts ment’s final rule — Global Terrorism Sanc- Mr. SHIMKUS, for 5 minutes, today. to encourage enhancement of expertise in tions Regulations; Terrorism Sanctions Reg- Mr. SHAYS, for 5 minutes, today. patent cases among district judges; to the ulations; Foreign Terrorist Organizations Committee on the Judiciary. f Sanctions Regulations—received May 8, 2006, By Mr. DANIEL E. LUNGREN of Cali- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ADJOURNMENT fornia: mittee on International Relations. H.R. 5419. A bill to direct the Architect of Mr. KING of Iowa. Mr. Speaker, I 7584. A letter from the Paralegal, FTA, De- the Capitol to fly the flag of a State over the move that the House do now adjourn. partment of Transportation, transmitting Capitol each year on the anniversary of the The motion was agreed to; accord- the Department’s final rule — Buy America date of the State’s admission to the Union; Requirements; Amendment to Definitions to the Committee on House Administration. ingly (at midnight), the House ad- [Docket No. FTA-2005-23082] (RIN: 2132-AA80) journed until today, Friday, May 19, By Mr. CARNAHAN (for himself, Mr. received March 24, 2006, pursuant to 5 U.S.C. RANGEL, Mr. SOUDER, Mrs. JONES of 2006, at 9 a.m. 801(a)(1)(A); to the Committee on Transpor- Ohio, Ms. CARSON, Mr. CLAY, Mr. f tation and Infrastructure. CLEAVER, Mr. GORDON, Ms. HARRIS, 7585. A letter from the Attorney, PHMSA, Mr. HOLT, Mr. JENKINS, Mr. LEWIS of EXECUTIVE COMMUNICATIONS, Department of Transportation, transmitting Georgia, Mrs. MALONEY, Mr. ETC. the Department’s final rule — Hazardous Ma- MICHAUD, Mr. MOORE of Kansas, Mr. terials: Revisions to Civil and Criminal Pen- Under clause 8 of rule XII, executive NADLER, Mr. PAYNE, Mr. ROTHMAN, alties; Penalty Guidelines [Docket No. and Mr. SKELTON): communications were taken from the PHMSA-05-22461] (RIN: 2137-AE14) received H.R. 5420. A bill to amend the Internal Rev- Speaker’s table and referred as follows: March 24, 2006, pursuant to 5 U.S.C. enue Code of 1986 to expand the incentives 7576. A communication from the President 801(a)(1)(A); to the Committee on Transpor- for the rehabilitation of older buildings, in- of the United States, transmitting requests tation and Infrastructure. cluding owner-occupied residences; to the for FY 2006 supplemental appropriations for 7586. A letter from the Chief, Europe Divi- Committee on Ways and Means. the Departments of Defense, Justice, and sion, Office of International Aviation, OST, By Mr. PETERSON of Minnesota (for Homeland Security; (H. Doc. No. 109–111); to Department of Transportation, transmitting himself, Mr. LATHAM, and Mr. MAR- the Committee on Appropriations and or- the Department’s final rule — Certain Busi- SHALL): dered to be printed. ness Aviation Activities Using U.S.-Reg- H.R. 5421. A bill to amend the Internal Rev- 7577. A letter from the Acting Director, De- istered Foreign Civil Aircraft [Docket No. enue Code of 1986 to restore the estate tax fense Procurement and Acquisition Policy, OST-2003-15511] (RIN: 2105-AD39) received and repeal the carryover basis rule, to in- Department of Defense, transmitting the De- April 21, 2006, pursuant to 5 U.S.C. crease the estate and gift tax unified credit partment’s final rule — Defense Federal Ac- 801(a)(1)(A); to the Committee on Transpor- to an exclusion equivalent of $5,000,000, and quisition Regulation Supplement; Competi- tation and Infrastructure. to reduce the rate of the estate and gifts tion Requirements for Federal Supply Sched- 7587. A letter from the Program Analyst, taxes to the generally applicable capital ules and Multiple Award Contracts [DFARS FAA, Department of Transportation, trans- gains income tax rate; to the Committee on Case 2004-D009] received March 27, 2006, pur- mitting the Department’s final rule — Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Standard Instrument Approach Procedures, By Mr. SENSENBRENNER (for him- mittee on Armed Services. Weather Takeoff Minimums; Miscellaneous self, Mr. GREEN of Wisconsin, Mr. 7578. A letter from the Acting Director, De- Amendments [Docket No. 30489; Amdt. No. CANNON, Mr. CHABOT, and Mr. GOOD- fense Procurement and Acquisition Policy, 3162] received April 27, 2006, pursuant to 5 LATTE): H.R. 5422. A bill to amend the Internet Tax Department of Defense, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on Freedom Act to make permanent the mora- partment’s final rule — Defense Federal Ac- Transportation and Infrastructure. torium on taxes on internet access and on quisition Regulation Supplement; Transition multiple and discriminatory taxes on elec- of Weapons-Related Prototype Projects to f tronic commerce; to the Committee on the Follow-On Contracts [DFARS Case 2003-D106] Judiciary. received April 25, 2006, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON By Mr. SERRANO (for himself, Mr. 801(a)(1)(A); to the Committee on Armed PUBLIC BILLS AND RESOLUTIONS CROWLEY, Mr. HINCHEY, Mr. ISRAEL, Services. Under clause 2 of rule XIII, reports of Mrs. MALONEY, and Mr. OWENS): 7579. A letter from the Acting Director, De- committees were delivered to the Clerk H.R. 5423. A bill to authorize the Secretary fense Procurement and Acquisition Policy, of the Interior to study the suitability and Department of Defense, transmitting the De- for printing and reference to the proper calendar, as follows: feasibility of designating Oak Point and partment’s final rule — Defense Federal Ac- North Brother Island in the Bronx in the quisition Regulation Supplement; Prohibi- Mr. LEWIS of California: Committee on State of New York as a unit of the National tion of Foreign Taxation on U.S. Assistance Appropriations. Report on the Suballocation Park System; to the Committee on Re- Programs [DFARS Case 2004-D012] received of Budget Allocations for Fiscal Year 2007 sources. April 25, 2006, pursuant to 5 U.S.C. (Rept. 109–471). Referred to the Committee of By Mr. SOUDER (for himself and Mr. 801(a)(1)(A); to the Committee on Armed the Whole House on the State of the Union. PITTS): Services. Mr. GINGREY: Committee on Rules. House H.R. 5424. A bill to allow certain existing 7580. A letter from the Deputy Assistant Resolution 821. Resolution providing for con- retirement plans maintained by churches to Secretary for Export Administration, De- sideration of the bill (H.R. 5385) making ap- continue to provide annuities directly to partment of Commerce, transmitting the De- propriations for the military quality of life participants rather than through an insur- partment’s final rule — Chemical Weapons functions of the Department of Defense, ance company; to the Committee on Ways Convention Regulations [Docket No. Military Construction, the Department of and Means. 990611158-5327-06] (RIN: 0694-AB06) received Veterans Affairs, and related agencies for By Mr. TERRY (for himself, Mr. April 21, 2006, pursuant to 5 U.S.C. the fiscal year ending September 30, 2007, and FORTENBERRY, and Mr. OSBORNE): 801(a)(1)(A); to the Committee on Inter- for other purposes (Repot. 109–472). Referred H.R. 5425. A bill to amend the Inter- national Relations. to the House Calendar. national Air Transportation Competition

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Act of 1979 relating to air transportation to H.R. 2239: Mr. HAYWORTH. H.R. 5091: Mr. MEEK of Florida, Mr. SNY- and from Love Field, Texas; to the Com- H.R. 2305: Mrs. MCCARTHY. DER, Mr. CONYERS, Mr. RANGEL, Mr. OBER- mittee on Transportation and Infrastruc- H.R. 2306: Mr. BOSWELL. STAR, Ms. KILPATRICK of Michigan, Mr. ture. H.R. 2317: Ms. SCHAKOWSKY. OWENS, Mrs. CHRISTENSEN, Ms. CORRINE By Mr. SHERMAN: H.R. 2429: Ms. HARMAN. BROWN of Florida, Mr. DAVIS of Florida, Mr. H. Res. 820. A resolution expressing support H.R. 2488: Mr. HULSHOF. HASTINGS of Florida, Ms. WATERS, Mr. for the celebration of ‘‘Human Rights Day’’ H.R. 2736: Mrs. MCCARTHY. KUCINICH, Mr. FOLEY, and Ms. ZOE LOFGREN and ‘‘Human Rights Week’’; to the Com- H.R. 3019: Ms. HART. of California. mittee on International Relations, and in ad- H.R. 3080: Mrs. BONO. H.R. 5113: Mr. CUMMINGS and Mr. OLVER. dition to the Committee on the Judiciary, H.R. 3082: Mrs. DAVIS of California. H.R. 5126: Mrs. CUBIN. for a period to be subsequently determined H.R. 3255: Mr. NEUGEBAUER. H.R. 5141: Mr. MOORE of Kansas. by the Speaker, in each case for consider- H.R. 3279: Mr. BOSWELL. H.R. 5150: Ms. PELOSI, Mr. HONDA, Mrs. H.R. 3318: Mr. LEWIS of Kentucky. ation of such provisions as fall within the ju- MALONEY, Mr. MEEK of Florida, Mr. CLEAVER, H.R. 3326: Ms. BERKLEY. risdiction of the committee concerned. Mr. HINOJOSA, and Ms. DELAURO. H.R. 3352: Mr. BURTON of Indiana. By Ms. MCCOLLUM of Minnesota (for H.R. 5159: Ms. BALDWIN, Ms. ZOE LOFGREN H.R. 3358: Mr. YOUNG of Florida. herself, Mr. OBERSTAR, Mr. SABO, Mr. of California, and Mr. PORTER. H.R. 3373: Mr. BROWN of Ohio. MCGOVERN, Mr. PAYNE, Mr. MORAN of H.R. 5182: Mr. WHITFIELD, Mr. FILNER, Mr. H.R. 3385: Ms. HART and Mr. KLINE. EE ACKSON EE LEACH, Mr. SCHIFF, and Mrs. JO ANN DAVIS of Virginia, Ms. L , Ms. J -L H.R. 3476: Mr. GORDON and Mr. TERRY. Virginia. of Texas, Ms. MCKINNEY, and Mr. H.R. 3478: Mrs. MYRICK. H.R. 5185: Mr. ABERCROMBIE, Ms. WATSON, ABERCROMBIE): H.R. 3479: Mr. CLYBURN. and Ms. ZOE LOFGREN of California. H. Res. 822. A resolution promoting local H.R. 3540: Mr. VAN HOLLEN. H.R. 5188: Mr. GENE GREEN of Texas and peace building efforts in Colombia and recog- H.R. 3628: Mr. UDALL of New Mexico. nizing the courageous efforts of Colombian H.R. 3781: Mr. WEXLER. Ms. HART. civil society and churches to establish peace H.R. 3858: Mrs. SCHMIDT and Mr. CLAY. H.R. 5200: Mr. RUPPERSBERGER, Mr. BASS, communities, advance non-violent conflict H.R. 3875: Mr. MCCAUL of Texas and Mr. Mr. GERLACH, and Mr. CALVERT. resolution, and advocate for human dignity; BAIRD. H.R. 5201: Mr. CROWLEY, Mr. SAXTON, Mr. to the Committee on International Rela- H.R. 4033: Mr. HOEKSTRA, Mr. NADLER, Mr. GEORGE MILLER of California, Mr. FILNER, tions. TOM DAVIS of Virginia, Mr. DAVIS of Ala- Mr. KUHL of New York, Mr. BLUMENAUER, Mr. EVANS, and Mr. UDALL of New Mexico. f bama, Mrs. JO ANN DAVIS of Virginia, Mr. FARR, Mr. HAYWORTH, Mr. RAMSTAD, Mr. H.R. 5202: Mr. BOSWELL. ADITIONAL SPONSORS PICKERING, Ms. CORRINE BROWN of Florida, H.R. 5209: Mr. WEXLER. H.R. 5212: Mr. BAIRD, Ms. MCCOLLUM of Under clause 7 of rule XII, sponsors Mr. CLAY, Mr. TAYLOR of Mississippi, Mr. BISHOP of New York, Mr. ROTHMAN, Mr. KIND, Minnesota, and Mr. BACA. were added to public bills and resolu- H.R. 5223: Mr. DOGGETT. Mr. WALSH, Mr. SMITH of New Jersey, Mr. tions as follows: H.R. 5225: Mr. WEXLER and Mr. KUCINICH. COSTELLO, Ms. WOOLSEY, Mr. HINOJOSA, Mr. H.R. 5249: Mr. SCHWARZ of Michigan. H.R. 63: Mr. BISHOP of New York. OBERSTAR, Mr. CHANDLER, Mr. STRICKLAND, ING H.R. 5255: Mr. CARTER. H.R. 111: Mr. K of Iowa. Mr. BOSWELL, Mr. SHERWOOD, Mr. FORD, and H.R. 303: Mr. SHIMKUS. H.R. 5262: Mr. MILLER of Florida and Mr. Mr. NEAL of Massachusetts. H.R. 475: Ms VELA´ ZQUEZ. ENGLISH of Pennsylvania. H.R. 4158: Mr. MCINTYRE. H.R. 515: Mr. CLAY. H.R. 5273: Mr. CAPPS and Mr. STARK. H.R. 4236: Mrs. CUBIN. H.R. 602: Mr. CAPUANO. H.R. 5290: Mr. WAXMAN. H.R. 4239: Mr. PETERSON of Minnesota. H.R. 663: Ms. MCKINNEY. H.R. 5291: Mr. PEARCE. H.R. 4282: Mr. BILIRAKIS and Mr. H.R. 699: Mr. WHITFIELD. H.R. 5314: Mr. FOSSELLA, Mr. WELDON of HOSTETTLER. H.R. 783: Mr. JONES of North Carolina and Pennsylvania, Mr. SESSIONS, Mr. PAUL, Ms. H.R. 4325: Mr. MORAN of Virginia, Mr. GOR- Mr. PLATTS. GINNY BROWN-WAITE of Florida, Mr. JINDAL, DON, Mrs. BIGGERT, and Mr. MCCOTTER. H.R. 824: Ms. MCKINNEY. C OTTER EARCE ILLER H.R. 4341: Mr. ROGERS of Michigan, Mr. Mr. M C , Mr. P , and Mr. M H.R. 838: Mr. HOLT. SIMMONS, Mr. ETHERIDGE, Mr. TERRY, Mr. of Florida. H.R. 865: Mr. PRICE of North Carolina and H.R. 5316: Mr. KELLER, Mr. MORAN of Kan- BACHUS, and Mr. AKIN. Mr. JEFFERSON. H.R. 4347: Mr. DAVIS of Alabama. sas, Mr. MICHAUD, and Mr. GERLACH. H.R. 877: Mr. GARY G. MILLER of California. H.R. 4366: Mr. DAVIS of Florida. H.R. 5319: Mr. POE. H.R. 881: Mr. CALVERT. H.R. 4384: Mr. MCNULTY and Mr. LARSEN of H.R. 5333: Mr. CALVERT, Mr. CHANDLER, and H.R. 1018: Mrs. MALONEY. Mr. BACHUS. H.R. 1131: Mr. BARROW. Washington. H.R. 4409: Mr. SCOTT of Georgia, Ms. H.R. 5344: Mr. CONYERS. H.R. 1227: Mr. FEENEY, Ms. HERSETH, Mr. H.R. 5346: Mr. BISHOP of Georgia and Mr. MARCHANT, Mr. FATTAH, Mr. COLE of Okla- MCCOLLUM of Minnesota, and Mr. SMITH of Texas. GOODE. homa, and Mr. MARKEY. H.R. 5348: Mr. FARR and Ms. ZOE LOFGREN H.R. 1264: Mr. STUPAK, Mr. FORTENBERRY, H.R. 4450: Mr. TANCREDO. H.R. 4542: Mr. HAYES. of California. Mr. CUMMINGS, and Mr. MORAN of Kansas. H.R. 5353: Mr. TERRY. OOZMAN H.R. 4560: Mr. FORD and Mr. ROGERS of H.R. 1298: Mr. B . H.R. 5362: Ms. SOLIS. H.R. 1345: Mr. CASE. Kentucky. H.R. 5367: Mr. DAVIS of Alabama and Mr. H.R. 1351: Mr. MILLER of Michigan. H.R. 4562: Mr. CLAY, Ms. WOOLSEY, Mr. MCGOVERN. H.R. 1370: Mr. SHADEGG. MCINTYRE, Mr. BAIRD, Mr. CLYBURN, Mr. H.R. 5371: Mr. TOWNS, Mr. SERRANO, Mr. H.R. 1384: Mr. SODREL. DICKS, Mr. EMANUEL, Ms. ESHOO, Mr. HOLT, CASE, Mr. BRADY of Pennsylvania, Mr. LAN- H.R. 1432: Ms. MCKINNEY. Mr. ISRAEL, Ms. EDDIE BERNICE JOHNSON of TOS, Mr. BROWN of Ohio, Ms. MCCOLLUM of H.R. 1433: Ms. MCKINNEY. Texas, Mr. MARKEY, Mr. MEEKS of New York, Minnesota, Mr. GEORGE MILLER of California, H.R. 1434: Ms. MCKINNEY. Mrs. JONES of Ohio, Ms. NORTON, Mr. ALONEY CKERMAN AXMAN H.R. 1494: Mr. JINDAL and Mrs. MILLER of PALLONE, Ms. SCHAKOWSKY, Mr. SHERMAN, Mrs. M , Mr. A , Mr. W , Michigan. Ms. MILLENDER-MCDONALD, and Mr. LAHOOD. Mr. KUCINICH, Mr. ABERCROMBIE, Mr. H.R. 1498: Ms. CARSON. H.R. 4710: Mr. CLAY and Mrs. BIGGERT. MCDERMOTT, Mr. OWENS, Mr. NEAL of Massa- H.R. 1545: Mr. CLYBURN. H.R. 4761: Mr. BOOZMAN. chusetts, and Mr. FARR. H.R. 1634: Mrs. JO ANN DAVIS of Virginia, H.R. 4772: Mrs. MYRICK. H.R. 5382: Mr. MCNULTY. Mr. KIRK, Mr. JONES of North Carolina, Mrs. H.R. 4774: Ms. MCKINNEY. H.R. 5388: Mr. RENZI and Mr. BIGGERT, and Mr. MCCAUL of Texas. H.R. 4843: Ms. ZOE LOFGREN of California. RUPPERSBERGER. H.R. 1709: Mrs. JONES of Ohio and Mr. H.R. 4856: Mr. PETERSON of Minnesota. H.R. 5399: Mr. SAXTON. LANGEVIN. H.R. 4867: Mr. JEFFERSON and Mr. MEEK of H.R. 5403: Mr. SAM JOHNSON of Texas. H.R. 1773: Mr. BOSWELL. Florida. H. Con. Res. 346: Mr. ORTIZ. H.R. 1792: Ms. JACKSON-LEE of Texas. H.R. 4873: Mr. HAYWORTH and Mr. TERRY. H. Con. Res. 347: Mr. CAPUANO. H.R. 1806: Mrs. MCCARTHY. H.R. 4894: Mr. BOEHLERT and Mr. PEARCE. H. Con. Res. 393: Ms. KILPATRICK of Michi- H.R. 1816: Mr. GOODLATTE. H.R. 4897: Mr. SANDERS. gan, Mr. OWENS, Mr. MEEKS of New York, Mr. H.R. 2014: Mrs. JO ANN DAVIS of Virginia H.R. 4946: Mr. MARIO DIAZ-BALART of Flor- DAVIS of Illinois, and Mr. BISHOP of Georgia. and Mr. KUHL of New York. ida. H. Con. Res. 400: Mr. BOOZMAN and Mr. H.R. 2037: Mr. PASTOR. H.R. 4963: Mr. HYDE. KENNEDY of Minnesota. H.R. 2047: Mr. GREEN of Wisconsin. H.R. 4974: Mr. PALLONE and Mr. TOM DAVIS H. Con. Res. 401 Mr. MEEK of Florida, Mrs. H.R. 2089: Mrs. CAPITO and Mrs. MYRICK. of Virginia. JONES of Ohio, Mr. CROWLEY, Mr. BECERRA, H.R. 2177: Mr. SHAYS. H.R. 4982: Mr. SCHIFF and Mr. BARROW. Mr. SALAZAR, Ms. LEE, Mr. JACKSON of Illi- H.R. 2178: Ms. SOLIS and Mr. POMEROY. H.R. 5017: Mr. MEEHAN and Mr. MCGOVERN. nois, Mr. HONDA, Mr. ORTIZ, Mr. GONZALEZ, H.R. 2231: Mr. HAYWORTH, Mr. UDALL of H.R. 5053: Mr. CHANDLER, Mr. MOORE of Mr. PALLONE, Ms. ZOE LOFGREN of California, New Mexico, Ms. HART, Mr. GEORGE MILLER Kansas, Mr. GOODLATTE, and Mr. LEWIS of Ms. MOORE of Wisconsin, Mr. ACKERMAN, Mr. of California, and Mr. SHERWOOD. Kentuky. ISRAEL, Mr. WEINER, Mr. CANNON, Mr. -

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CARDOZA, Mr. ISSA, Ms. BEAN, Mr. H. Res. 466: Mr. CARDIN. H.R. 5386 RUPPERSBERGER, Ms. WASSERMAN SCHULTZ, H. Res. 498: Mr. ETHERIDGE, Mr. SMITH of OFFERED BY MR. DENT Ms. SOLIS, Mr. RAMSTAD, Mr. UDALL of Colo- Washington, Mr. BOYD, Mrs. JOHNSON of Con- rado, Mr. CHANDLER, Mr. MATHESON, Mr. necticut, Mr. MCHUGH, and Mr. WAMP. AMENDMENT NO. 12: At the end of the bill DEFAZIO, Ms. ROYBAL-ALLARD, Mr. SANDERS, H. Res. 507: Mr. OBERSTAR. (before the short title), insert the following: Mr. MILLER of North Carolina, Mr. PASTOR, H. Res. 723: Mr. MILLER of North Carolina. H. Res. 727: Ms. SCHAKOWSKY. TITLE VI—ADDITIONAL GENERAL Mrs. CAPPS, Mr. CUELLAR, Ms. LINDA T. H. Res. 729: Mr. MANZULLO. PROVISIONS A´ NCHEZ NSLEE S of California, Mr. I , Mr. H. Res. 760: Mrs. MILLER of Michigan, and SEC. 601. None of the funds made available SPRATT, Mr. CASE, Mr. DAVIS of Illinois, Mr. Mr. MCCOTTER. in this Act may be used to implement, ad- ANDREWS, Mr. HOLT, Ms. BERKLEY, Ms. WOOL- H. Res. 765: Mr. WEXLER and Mr. minister, or enforce section 20(b)(1) of the In- SEY, Ms. HOOLEY, Ms. MATSUI, Ms. SLAUGH- FITZPATRICK of Pennsylvania. TER, Mr. GEORGE MILLER of California, Mr. H. Res. 790: Mr. TOWNS and Mrs. SCHMIDT. dian Gaming Regulatory Act (25 U.S.C. LANTOS, Mr. BLUMENAUER, Ms. WATSON, Ms. H. Res. 792: Mrs. NAPOLITANO, Mr. JEFFER- 2719(b)(1)). EDDIE BERNICE JOHNSON of Texas, Ms. LORET- SON, Mr. CROWLEY, Mr. WEXLER, Mr. FATTAH, H.R. 5386 TA SANCHEZ of Calfornia, Mr. KILDEE, Mr. and Mr. LANTOS. MICHAUD, Ms. KILPATRICK of Michigan, Ms. H. Res. 812: Mr. RANGEL and Mr. JEFFER- OFFERED BY: MR. TIAHRT CORRINE BROWN of Florida, Mr. LANGEVIN, SON. AMENDMENT NO. 13: At the end of the bill Mr. SNYDER, Ms. DELAURO, Mr. HASTINGS of f (before the short title) insert the following: Florida, Mr. SERRANO, Mr. BUTTERFIELD, Mr. AMENDMENTS SEC. . None of the funds made available in CLEAVER, Mr. BISHOP of Georgia, Mr. this Act may be used to promulgate regula- TIERNEY, Mr. KUHL of New York, Ms. MCCOL- Under clause 8 of rule XVIII, pro- tions without consideration of the effect of LUM of Minnesota, and Mr. MEEHAN. posed amendments were submitted as such regulations on the competitiveness of H. Res. 78: Mr. STRICKLAND. follows: American businesses.

VerDate Aug 31 2005 01:20 May 25, 2006 Jkt 000000 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY6.REC H18MY6 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, MAY 18, 2006 No. 62 Senate The Senate met at 9 a.m. and was the national language of the United States Mr. REID. Mr. President, we just re- called to order by the President pro and to promote the patriotic integration of ceived word that Senator DORGAN tempore (Mr. STEVENS). prospective U.S. citizens. wants 10 or 15 minutes. RECOGNITION OF THE ACTING MAJORITY LEADER Mr. KENNEDY. Have we added all PRAYER The PRESIDENT pro tempore. The that up? acting Republican leader is recognized. The Chaplain, Dr. Barry C. Black, of- Mr. SPECTER. Suppose we divide the Mr. SPECTER. Mr. President, we are time equally. fered the following prayer: on the immigration bill. We have a Let us pray. The PRESIDENT pro tempore. Under lineup of amendments which we are the agreement, it is 20 minutes, equally Sovereign Lord, the way, the truth, anxious to take up. We have a consider- and the life, give us the courage to fol- divided. able number of amendments pending on Mr. REID. Mr. President, it is my un- low You. Help us to follow You in our both sides of the aisle. Our lead amend- derstanding the two managers want quest for ethical fitness. Help us to fol- ment is the one to be offered by Sen- that modified. Rather than 20 minutes low You in service to the lost, the lone- ator KENNEDY. The amendment has on this amendment, it will be 55 min- ly, and the least. Help us to follow You now been reviewed, and I think it may utes, the time evenly divided between in going the second mile in our labors. be necessary to have a little extra now and 10. I ask unanimous consent Help us to follow You in loving our en- time, which ought not to pose a prob- for that modification. emies, in blessing those who curse us, lem since the vote will not occur until The PRESIDENT pro tempore. Is and in praying for those who misuse us. 10 o’clock. But Senator CORNYN would there objection? Today, guide our Senators with Your like 10 minutes of time, and Senator Mr. SPECTER. That is acceptable. might. Empower them with wisdom KYL may want a little time, so my sug- Mr. REID. No second-degree amend- and courage. gestion would be that, if the Senator ments would be in order? We pray in Your holy Name. Amen. from Massachusetts wants to start the Mr. SPECTER. Agreed. f debate, that would be agreeable. It is The PRESIDENT pro tempore. With- out objection, it is so ordered. Time is PLEDGE OF ALLEGIANCE his amendment, obviously. We would then turn to Senator CORNYN for 10 equally divided between now and 10 The PRESIDENT pro tempore led the minutes. a.m, and there will be no second-degree Pledge of Allegiance, as follows: I would like to put other Senators on amendments. I pledge allegiance to the Flag of the notice that we want to proceed with Who yields time? United States of America, and to the Repub- the other amendments. Senator INHOFE Mr. SPECTER. Mr. President, if Sen- lic for which it stands, one nation under God, is next in line, then Senator AKAKA, ator CORNYN would like to begin the indivisible, with liberty and justice for all. Senator ENSIGN, Senator NELSON, Sen- debate, I yield 10 minutes to him. The PRESIDENT pro tempore. The f ator VITTER, Senator DURBIN, Senator Senator from Texas is recognized. RESERVATION OF LEADER TIME KYL, and Senator CHAMBLISS. It would Mr. CORNYN. Mr. President, less be appreciated if those Senators would The PRESIDENT pro tempore. Under than 24 hours after the Senate voted to come here at least 15 minutes ahead of the previous order, the leadership time protect American workers and to put the anticipated time their amendment is reserved. them first when it comes to competi- will come up so that we could move tion for jobs in this country, the Sen- f right along and not lose floor time. ator from Massachusetts has now of- COMPREHENSIVE IMMIGRATION I yield to my distinguished colleague fered an amendment that would lit- REFORM ACT OF 2006 from Massachusetts. Mr. KENNEDY. Mr. President, we erally gut the amendment that was The PRESIDENT pro tempore. Under look forward to this. What was, then, adopted yesterday and put American the previous order, the Senate will re- the time allocation requested? Is it 25, workers in the back seat and foreign sume consideration of S. 2611, which 10, 10, 5? Is that what the Senator sug- workers who wanted to come here and the clerk will report. gested? participate in a guest worker program The legislative clerk read as follows: Mr. SPECTER. Ten for Senator in the front seat. A bill (S. 2611) to provide for comprehen- CORNYN, ten for Senator KYL, and I President Bush has spoken time and sive immigration reform and for other pur- would like five. time again about a guest worker pro- poses. Mr. KENNEDY. So that is 25. gram that matches willing workers Pending: Mr. SPECTER. Yes. with willing employers. But Senator Inhofe amendment No. 4064, to amend title Mr. KENNEDY. Then I think we KENNEDY’s amendment would do noth- 4, United States Code, to declare English as would get 15. ing of the kind. It would allow people

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

S4727

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VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.000 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4728 CONGRESSIONAL RECORD — SENATE May 18, 2006 to come to the United States and to ployer is an important one, to see to it this country, who will come into this self-petition without having an em- that the immigrant is treated fairly. country for the purpose of taking jobs. ployer sponsor their petition, and it When the Senator from Texas seeks to Here is the strategy. The strategy in would not require proof that an Amer- be sure the immigrant has a job so that the country these days, and it is a ican citizen is unavailable to perform the employer has to make the applica- strategy embraced on the floor of this that type of job. tion and the job will not be taken from Chamber, is to export good jobs and Yesterday, the Senate—wisely, in my some other American, I can understand import cheap labor. I don’t hear any view—changed the underlying bill to his point. But I think there is a higher discussion on the floor of this Senate require that American workers be put value in not having the immigrant sub- about American workers—none. You first before a guest worker could be ject to the control of the employer, can go to the newspapers and see a dis- provided a job and that, under the pro- where there may be coercion and pres- cussion. You can see the headlines visions of this bill, No. 1, they had to sure as to the amount of compensation about American workers who are los- identify a job so they would not be here or as to working conditions, notwith- ing their jobs because their employers unemployed; and No. 2, that job first be standing any other provision of law. are moving the jobs to China or Ban- offered to qualified American workers. There is ample protection that citizen- gladesh or Indonesia or Sri Lanka; and Then, in that event no American work- ship will not be granted, or the process yes, some of those Americans are find- ers were found available to perform will not move forward, because the ing other jobs, and the headlines also that job, of course the guest worker Kennedy amendment simply gives the tell us those jobs pay less than the jobs provisions of the bill would kick in. immigrant the right to file a petition. we used to have. We lost 3 million to 4 To make matters worse, the Kennedy After the petition and the efforts are million jobs in just the last 4 or 5 amendment would allow an alien who made to get into the citizenship line, it years. has worked a total of less than 40 days will be evaluated by the appropriate Alan Blinder, a very respectable in the United States—yes, that is about authorities. I think the concerns Sen- mainstream economist, former Vice 6 days a year—to obtain a green card. ator CORNYN has in mind will be met. Chairman of the Federal Reserve That employment, 1 day out of every I notice Senator DORGAN has come to Board, has just written a piece and said 60, could be self-employment. For the floor, and time has been reserved this: This issue of exporting American some, that track record of employment for Senator DORGAN—10 minutes. I jobs even as there is this urge to im- should be sufficient evidence that the yield to him at this time. port cheap labor—he said this about ex- worker is invaluable to the American The PRESIDENT pro tempore. The porting American jobs—he said there economy. What that means is that up Senator from North Dakota is recog- are 42 to 54 million American jobs sub- to 200,000 unskilled workers a year nized. ject to offshoring. would be eligible for a green card, irre- Mr. DORGAN. Mr. President, the dis- He said 41 to 54 million American spective of economic conditions, irre- cussion this morning is once again on a jobs are subject to being moved out of spective of whether that worker has ac- subject called guest workers. I don’t this country in search of cheaper tually been employed for the preceding happen to think we ought to have a labor—at 33 cents an hour in China, 4 years and, most importantly, irre- guest worker provision in this legisla- perhaps Indonesia, Sri Lanka, wherever spective of whether there are unem- tion. The discussion now is, if it exists they would move to. He said that not ployed U.S. workers available to fill in the legislation, what are the condi- all of the 40 million to 50 million jobs those jobs. tions under which guest workers can will leave this country by employers, Senator KENNEDY had suggested that, petition for citizenship, and so on and not all will be moved out of this coun- by requiring an employer to determine so forth. I hope we are not done with try by employers, but even those who that a qualified worker is not avail- the question of whether there should be stay are subject to the competition of able, that would somehow subject for- so-called guest workers or, as some call lower wages abroad. Therefore, there eign workers to exploitation. But let it, future flow, the soft-sounding will be lower wages, less health care, me be clear: Worker exploitation and words. They could call it tourism for less benefits, and less retirement bene- abuse will not be tolerated under our all that matters. fits. laws and should not be tolerated under What this is about is grafting onto That future for the American worker any circumstances. This amendment this bill to deal with the question of il- on one side, and on the other side we has nothing to do with protecting for- legal immigrants coming into this have this urge to import cheap labor. eign workers against exploitation. country—because we have quotas, and Where does that urge come from? My What it has everything to do with is those who come in illegally are a pret- understanding is the price the Chamber whether we are protecting American ty serious problem, the 11 million or 12 of Commerce requires to support this workers first. million people we think are here ille- bill is that there be additional guest With that, I will reserve the remain- gally—this is grafting onto this bill workers attached to it. der of my time and yield the floor. that deals with illegal immigration a What is the purpose of that? That is The PRESIDENT pro tempore. Who proposal that people who live outside the purpose of bringing in the back yields time? The Senator from Penn- this country and have not come to this door folks who are willing to assume sylvania. country before now are to come into the bottom-end jobs. Mr. SPECTER. Mr. President, I yield this country as so-called guest workers The President and others say these myself 3 minutes. or future flow. What are those people are jobs the American people will not Mr. President, I opposed the amend- going to do? They are going to come take. I don’t think that is the case at ment from the distinguished Senator into this country and they are going to all. They may not want to take them from Texas yesterday because I believe work. It is as if the 11 million or 12 mil- at current wages, at the bottom of the there ought to be an opportunity for lion are not enough, we need more. economic scale. We haven’t changed the immigrant himself or herself to file The original proposition by the the minimum wage for nearly 9 years. the petition. The amendment now President was an unlimited number. This Congress will not change the min- pending by Senator KENNEDY would The original proposition in the bill imum wage. The President doesn’t sup- leave it optional, leave the alternative: brought to the floor of the Senate was port it. If we change the minimum to be filed by the employer or to be 400,000 a year, plus a 20-percent esca- wage and perhaps pay what the jobs are filed by the immigrant. The vote yes- lator. I tried to knock that out, and my worth at the lower economic level, at terday was 50 to 48, and I was tempted amendment got clobbered, so I was un- the bottom of the economic ladder, to move to reconsider—I would have to successful. My colleague from New perhaps then we wouldn’t need to im- change my vote to do that—but decided Mexico took the 400,000 down to 200,000. port cheap labor. This is about import- in the alternative that we would dis- Actually, the substitute bill took it ing cheap labor on the back side. That cuss the subject today with a different down to 325,000, then down to 200,000. is what guest workers is all about. I amendment. However you calculate it, we are talk- know they call it ‘‘future flow’’ and The issue of not having the immi- ing about millions of people who do not guest workers. It is not about making grant subject to the control of the em- live in this country, who live outside of 11 million to 12 million people legal

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.002 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4729 who are already here illegally. But much less money. But the jobs have America; the year before, three compa- more needs to be done. Allowing people gone to China. Etch A Sketch is one nies in the entire United States. The who would normally be illegal and example of hundreds of examples of message implies Katy bar the door; stamping them as ‘‘legal’’ is kind of a jobs that go to China. hire illegals if you like; pay sub- ‘‘let’s pretend’’ approach. Those are the folks who pay the standard wages because they are ille- I understand the Senate has already price. Those are the folks who have the gal; don’t worry, nobody is going to voted on my amendment, and I lost burden of this sort of new economy. look; nobody is going to fine you; and pretty handily, as a matter of fact. But The ‘‘world is flat’’ economy—move nobody is going to enforce the law. I think there is more to do on this. The American jobs to China. The other That is why this entire thing has bill is still open for amendment. For folks who stay here, the folks who failed. Twenty years later, we have the example, we have a so-called guest work at the bottom rung of the eco- same language. You can change the worker provision which says let’s pre- nomic ladder, struggling to advance names and it is the same language— tend that illegal immigration is legal and pay their bills and take care of going to get tough, going to fix this immigration. Should we have that pro- their families, they are now told: By issue. vision that lasts forever and is perma- the way, we also need to not just ex- The fact is, if we don’t decide, first, nent, or should we sunset it after a few port jobs, but we need to import cheap to secure our borders and, second, to years and have a real honest study by labor. have real sanctions against those who people who might evaluate how many I think is a recipe for disaster for want to hire illegal immigrants for Americans are losing their jobs as a re- this country. I don’t think it works. substandard wages, this will not work. sult of this back door, cheap labor com- Our country became a great country All we are doing is playing let’s pre- ing as replacement workers? and a world economic power because tend. We play that often around here. How many Americans are losing we built a burgeoning middle class, and It is not going to work. their jobs? I see very little discussion that middle class had good jobs that What we ought to do is stare truth in on the floor of this Senate in this de- paid well. There is no social program in the eye on this issue and decide that bate about immigration which, after this country as important as the good we are going to do what is necessary to all, is all about jobs, among other job that pays well, which allows people evaluate what the immigration issue things. I see very little discussion and to work and take care of their families. is, how to fix it and go about the busi- Members standing up on the floor of There is no social program as impor- ness of doing it. Instead, there is all the Senate saying: Let us wonder what tant as that. These good jobs are this energy to see not only how we deal this means to American workers. What shrinking away. You can go through with the immigration issue but how we does it mean to the steel worker? What the entire list, industry after industry, add a new guest worker program to does it mean to the punch press oper- telling workers: We are going to move bring people into this country who oth- ator, to the fabricator or how about your job elsewhere, and we are going to erwise would be illegal and how do we the farmer? What does it mean to man- shrink the jobs that remain here to $8 bring new people into this country to ufacturing? Very few people are talk- or $10 an hour. And by the way, what take the jobs that American workers ing about American workers. It is all we would like to do is bring people need. That doesn’t make much sense to about immigration and how many addi- through the back door whom we might me, and it is not a proposition that I tional guest workers we can bring into be able to employ for $6 or $7 an hour. can support. this country under this piece of legisla- That is the construct which is occur- I yield the floor. tion. ring throughout the country today, and The PRESIDENT pro tempore. Who My understanding is that we will be I think it is fundamentally wrong. yields time? on this bill for another week. That will My hope is we continue these discus- Mr. DORGAN. Mr. President, I sug- give us time to revisit this so-called sions about guest workers. We will gest the absence of a quorum. guest worker provision and see if we have other opportunities to offer The PRESIDING OFFICER. The can write a piece of legislation—yes— amendments. I will have some, and per- clerk will call the roll. which deals sensitively, without dimin- haps we can get back to where we The legislative clerk proceeded to ishing the dignity and worth of others should be and that is dealing with the call the roll. who have been here some long while. central question of our country’s bor- Mr. INHOFE. Mr. President, I ask Some have been here for 25 years. Some der; protect us first against terrorism; unanimous consent that the order for immigrants came here many years ago. and, second, to enforce the quotas we the quorum call be rescinded. They have children and grandchildren have that allow people to come into The PRESIDENT pro tempore. With- here. I don’t want to, in any way, di- this country legally. We have quotas out objection, it is so ordered. minish their worth or their dignity or with which we accomplish that. Seal Mr. INHOFE. Mr. President, I inquire their value. We should deal with them this country’s border so we have border as to the regular order and the time in a way that is sensitive. protection and an orderly flow of peo- agreement reached on the next few I don’t think this Senate should jump ple in and out of this country; and, sec- amendments. on the notion advanced by business in- ond, enforce standards against employ- The PRESIDENT pro tempore. The terests and the Chamber and others ers that routinely and knowingly hire time agreement on the next two that we don’t have enough cheap labor illegal workers. amendments? The Senator is informed in this country, and we need to bring I was here when we passed Simpson- there is no time agreement on the next more through the back door as we are Mazzoli. In fact, I went back and reread amendments. The time agreement is on exporting good jobs abroad. some of the debate on the floor of the the current amendment, but no further You talk about a recipe for economic Senate and House. amendments are subject to a time trouble ahead, probably not for the What was said was we are fixing im- agreement. people who wear blue suits in the migration. Back then, there really was Mr. INHOFE. And the vote will take morning and wear neckties all day and amnesty. Amnesty was given to a good place at 10 o’clock? have jobs such as Senators and Con- number of millions of illegal immi- The PRESIDENT pro tempore. This gressmen. I do not know of anybody in grants. We said to employers: Don’t vote will take place at 10 o’clock. this Chamber who has lost a job be- you dare hire illegal workers. If people Mr. INHOFE. Mr. President, the next cause their job was outsourced. Nobody come into this country illegally to amendment coming up will be the here has lost their job because their job take Americans’ jobs, don’t you dare amendment we refer to as the English has been outsourced. It is other folks— hire them. If you do, you will be sub- national language amendment. Since folks working on the manufacturing ject to fines and penalties that are sig- there is some time right now, unless line someplace, and they are called up nificant. someone else wants the floor, I can dis- one day and are told: You know what, Guess what. There has been no en- cuss what it is all about. our entire company is leaving. We are forcement at all. Last year, one com- The PRESIDENT pro tempore. The going to China because you can pany was subject to enforcement ac- time is equally divided on the current produce an Etch A Sketch in China for tion in the entire United States of amendment.

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.003 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4730 CONGRESSIONAL RECORD — SENATE May 18, 2006 Mr. INHOFE. I inquire, is someone ‘‘(v) the alien submits at least 2 documents exists, we have seen exploitation in requesting time? to establish current employment, as follows: terms of wages, working conditions, Mr. KENNEDY. We have until 10 ‘‘(I) Records maintained by the Social Se- and other unfortunate problems with o’clock, and that time is divided. curity Administration. regard to women. Mr. INHOFE. I thank the Senator. ‘‘(II) Records maintained by the alien’s em- ployer, such as pay stubs, time sheets, or This seems to be a solid compromise. The PRESIDENT pro tempore. There employment work verification. It takes the framework of the Cornyn is 12 minutes left for the majority and ‘‘(III) Records maintained by the Internal amendment, but it will also ensure 17 minutes remaining for the majority. Revenue Service. that these petitioners are going to Mr. KENNEDY. If the Senator wants ‘‘(IV) Records maintained by any other have to demonstrate there is that gap to speak for a few minutes, we can ar- government agency, such as worker com- in terms of the labor market that they range that. I will withhold. pensation records, disability records, or busi- are able to fill and that there is not Mr. INHOFE. As I understand it, on ness licensing records. someone out there in the American our side there is 17 minutes remaining, Mr. KENNEDY. How much time re- labor market prepared to take that job. is that correct, and I can use a few mains? It seems to me to be a very important minutes? The PRESIDING OFFICER. The mi- principle, a very concrete proposal, one The PRESIDENT pro tempore. That nority controls 11 minutes 45 seconds, I hope we can have accepted this morn- is correct. and the majority controls 15 minutes 45 ing. Mr. CORNYN. Mr. President, we split seconds. I withhold the remainder of my time. the time between 9 and 10 o’clock, but Mr. KENNEDY. We have 11 minutes? The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Eleven it was on the pending amendment. The ator from Texas. and a half minutes. Senator from Massachusetts has yet to Mr. CORNYN. Mr. President, I yield Mr. KENNEDY. I yield myself 4 min- call up the amendment. The only myself 3 minutes. speakers who have been heard have utes. Mr. President, as we all know, yes- The PRESIDING OFFICER. The Sen- been in opposition to the amendment, terday the Senate voted to eliminate ator is recognized. but the amendment has not yet itself the H–2C immigrant’s ability to self- Mr. CORNYN. Mr. President, the been called up. petition for green cards after 4 years. I amendment Senator KENNEDY is pro- I want to make sure the balance of believe that vote was a mistake be- posing guts the worker protection the time reserved is still preserved so cause it will have a devastating effect amendment agreed to by the Senate we do not lose an opportunity to re- not just for temporary workers but for yesterday. It would do so by allowing spond to the debate by the Senator all workers and, basically, for all workers to self-petition for legal per- from Massachusetts. Americans. manent residency if they produce some The PRESIDENT pro tempore. The The amendment we offer today would documents which might indicate they current order is the vote will take correct the mistake and take the good are currently employed, but they will place at 10 o’clock, but the time be- language from the Cornyn amendment be necessarily retrospective in nature. tween then and now is roughly 16 min- to improve the underlying bill. This In other words, you do not have a docu- utes for the majority and 12 minutes amendment will require that the Labor ment necessarily that shows you are for the minority. Department certify that no U.S. work- employed today or will be employed to- Mr. KENNEDY. Can I ask unanimous er will be displaced by H–2C workers morrow. You may have a pay stub from consent we defer the vote at 10 clock when they adjust to permanent status, the last week or the last month. So until 10:05? as the Cornyn amendment requires. there is no way to determine whether Mr. INHOFE. I thank the Senator for This amendment also restores the abil- the individuals who are self-peti- that generous offer. I will not make ity of H–2C workers to obtain a green tioning, under this proposal by the any comments at this time and will card without being dependent on the Senator from Massachusetts, are actu- wait until our amendment is up. We generosity of the employers. ally going to be working. will discuss it then. The self-petition feature of our tem- No. 2, if they are working, there is no Mr. KENNEDY. Fine. porary worker program is innovative protection for American workers— The PRESIDENT pro tempore. The and essential to workers’ rights. All first, that the Secretary of Labor cer- Senator from Massachusetts is recog- Americans lose if it is eliminated from tify that there were no sufficient U.S. nized. the bill. workers willing, able, and qualified to AMENDMENT NO. 4066 The reason temporary worker pro- perform those jobs. Mr. KENNEDY. Mr. President, we grams failed in the past, going back to If the proponents of this bill are seri- send an amendment to the desk on be- the time of the Bracero Program, is be- ous when they say that certain provi- half of myself, Senator MCCAIN, and cause they did not protect workers’ sions are needed because immigrants Senator GRAHAM. rights. For this new program to work will do work that Americans won’t do, The PRESIDENT pro tempore. The without harming U.S. workers, H–2C then they should support the amend- clerk will report. workers must have the full set of ment agreed to yesterday and vote The legislative clerk read as follows: rights. That is why our bill includes ex- against the amendment that has been The Senator from Massachusetts, [Mr. tensive labor protections for temporary proposed this morning. KENNEDY], for himself, and Mr. MCCAIN, and workers. President Bush, again, has said the Mr. GRAHAM, proposes an amendment num- Effectively, then, at the time after concept of a temporary worker pro- bered 4066. the 4 years, the individual will be able gram is to provide additional legal Mr. KENNEDY. Mr. President, I ask to make the petition for the green workforce for jobs that there are not unanimous consent the reading of the card, and they will also have to have a enough Americans to perform. Yet this amendment be dispensed with. certification by the Department of proposed amendment simply sidesteps The PRESIDING OFFICER (Mr. Labor that there is no American able that requirement entirely. SUNUNU). Without objection, it is so or- and willing to perform that job. There It further represents a shell game in- dered. will have to be that kind of a finding. sofar as it would only require those The amendment is as follows: The self-petition gives that worker workers in this country during an ini- (Purpose: To modify the conditions under some rights and respect as an employee tial 4-year period to work about 6 days which an H–2C nonimmigrant may apply instead of being subject to the dangers a year in order to obtain a green card. for adjustment of status) we have seen in the past of exploitation This is about truth in advertising. If, On page 295, after line 16 insert the fol- in fact, the bill is going to represent lowing: by an employer that knows that work- er can never get a chance to have a pe- something even close to what we have or been told the purpose of it is, as rep- ‘‘(iv) the Secretary of Labor determines tition and can never get on the path for and certifies that there are not sufficient a green card without the employer giv- resented, we need to make sure the ac- United States workers who are able, willing, ing the thumbs-up signal. tual language of the bill conforms to qualified, and available to fill the position in When that power relationship be- that and not pull a fast one on the which the alien is, or will be, employed; and tween the employer and the employee American people by taking away the

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.005 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4731 very protection for American workers commitment to work. Then you can of Labor. But the one who decides what that the proponents of this bill have make your petition. You have to meet the job requirements are and whether said are an important part of their leg- that requirement. the foreign worker actually meets islation. The PRESIDING OFFICER. The Sen- those job requirements is the worker I yield the floor and retain the re- ator has 5 minutes remaining. him or herself and not an employer. mainder of my time. Mr. KENNEDY. What time is left? This is, I believe, insufficient to pro- Mr. KENNEDY. How much time re- The PRESIDING OFFICER. The op- tect American workers because, essen- mains? position has 13 minutes remaining, and tially, the foreign worker is the judge The PRESIDING OFFICER. The Sen- the Senator from Massachusetts has 4 of his own abilities and also the judge ator has 8 minutes remaining. minutes 45 seconds. of the job requirement for which the Mr. KENNEDY. I will take 3 minutes Mr. KENNEDY. I yield that time to Department of Labor is supposed to for the membership, if they have a the Senator from Arizona. certify there are not sufficient Ameri- chance to review the amendment. Mr. MCCAIN. I rise in support of this cans available to perform. I think it On page 1, second paragraph: amendment. It is an important amend- bears, if not the same, I would say ment. similar defects to the original under- The Secretary of Labor determines and I point out that I appreciate very certifies that there are not sufficient United lying bill that was amended yesterday States workers who are able, willing, quali- much the efforts of Senator CORNYN to reinsert American worker protec- fied, and available to fill the position in and Senator KYL to have a respectful tions. which the alien is, or will be employed. . . . debate on this issue. We have honestly Let me speak a minute or two about So the Secretary of Labor has to held views, and I am very appreciative the nature of what this position is. We make the certification that they will of the level of this debate and our dis- are now talking, as Senator DORGAN not be replacing an American worker. cussion not only in the Senate but in said, about the so-called future flow, Then, how are they going to be able the cloakroom as we have worked out a people who are not here yet. This has to give the assurance they have had number of differences we have had in a been described as a guest worker pro- the 4 years that are included in the mutual effort to come up with legisla- gram. Senator KYL and I will be offer- first paragraph, that ‘‘the alien has tion which is appropriate to the future ing an alternative to this so-called maintained such nonimmigrant status of America. guest worker program which we de- in the United States for a cumulative The language in the amendment is scribe as a temporary worker program period of not less than 4 years of em- identical to what we passed last night, because I believe this guest worker pro- ployment’’? only this amendment adds an addi- gram is misnamed, mischaracterized, These are listed and include: records tional paragraph giving the alien more and is in no sense a guest worker pro- maintained by Social Security, records of an opportunity to prove their cur- gram. That is because when you invite maintained by the employer, employ- rent work status. If we allow people to guests into your home, you expect at ment work verification, records main- gain permanent residency, we want some point they might actually leave. tained by the Internal Revenue Serv- them to be hard-working, upstanding Under this guest worker program, as ice, records maintained by other gov- individuals. The amendment allows il- designed, that never happens. It invites ernment agencies. legal immigrants to prove, through the as many as 200,000 individuals a year, What we are saying, in the four dif- use of valid government documents— under the Bingaman amendment, who ferent categories, those categories are we would be more than happy to define can then come into the United States government-held records or the em- ‘‘valid government documents’’ more and work for a period of 4 years, and ployer-held records, not the employee- carefully in report language or in addi- then, under the approach by the Sen- ator from Massachusetts, self-petition held records. tional amendments—they should have, I don’t know how it could be much we believe, an opportunity with secure, for legal permanent residency and then get in line for American citizenship clearer exactly what this amendment government-issued documents that without regard to whether the Amer- does. It is very clear. It is the certifi- they can prove they are eligible. This is an important right they ican economy is in a boom or a bust. In cation that there is no American that should be given. It releases them from times when the economy is very flat or is able, willing, and qualified. And to the possibility of the bondage of an em- when we are in recession, it is much be able to prove it, there are govern- ployer who would like to keep them in more likely that American workers are ment-held records or employer-held the status of which they are. That going to be competing with foreign records, not the petitioner’s records, would only apply to a few, but this is a workers admitted under this so-called not his stubs, but government-held necessary addition. guest worker program. records. The original Cornyn-Kyl amendment I do believe calling this a guest work- We have tried to craft this in a way does not mandate that the employer er program, when in fact it is a path to which is going to be fair. We are not in- attest they will employ this individual a legal permanent residency and citi- terested in people trying to ‘‘jimmy’’ in the future, only that they employ zenship, is a misnomer. In addition to the system. We have had too much of them currently. This is an important damaging the prospects of American that in the past. amendment. I urge my colleagues to workers during times when our econ- I get back to the final theme. This support this amendment. omy is not doing well and when there legislation tries to learn from past ex- I reserve the remainder of my time are not a lot of jobs available, it also perience. In 1986, we had amnesty but for the Senator from Massachusetts. hurts countries such as Mexico and there was supposed to be tough em- The PRESIDING OFFICER. The Sen- Central American countries that have ployer sanctions if they hired unem- ator from Texas. seen a massive exodus of their hard- ployed. We had vast industries that Mr. CORNYN. Mr. President, may I working citizens to the United States, produced fake identification cards. The inquire how much time I have remain- never to return. system never functioned. It never ing? What we need to do, for the benefit of worked. The PRESIDING OFFICER. The Sen- America as well as the benefit of coun- What we have tried to do is avoid ator has 13 minutes remaining. tries such as Mexico and those in Cen- that. We have a tamper-proof card. We Mr. CORNYN. Mr. President, I appre- tral America, is to reinstate this his- will have vigorous employment. But, ciate the clarification that the Senator torical notion of circular migration; in also, to learn the lessons of the Bracero from Massachusetts and the Senator other words, create a framework where Program, we are not going to have the from Arizona have made. This language people can come to the United States, exploitation of these workers by their has been somewhat fluid, and now I qualify to work for a period of time, employers. That is what we do when we have it in front of me. I think I under- and then return home with the savings deny the opportunity of an employee stand it, and I think I understand what and skills they have acquired working ever to be able to make a petition. We the differences are between our two ar- in the United States. say you have to be in there for 4 years, guments. A person who works at even modest with solid record of employment, solid Basically, it does retain a certifi- pay in the United States under a tem- record of achievement, solid record of cation requirement by the Department porary worker program can, in many

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.006 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4732 CONGRESSIONAL RECORD — SENATE May 18, 2006 instances, go back home and live like a wait 2 years. So it is much more dif- word ‘‘or’’ written in at the end of sec- king in some of these countries, where ficult. This is still weighted far against tion III(i). The second way the alien their money goes a lot further and the worker than the employer. can petition is by simply submitting where their investment in a home or a What we were always trying to do in documents for current employment; in small business will thereby create op- the development of the legislation is to other words, the alien shows that he portunity not just for them but also have balance and fairness in terms of currently has a job. That is fine for a other citizens in those other countries. the authority and responsibility and temporary permit. It is not fine for I believe if we are ever going to nar- the legality on this. I think what we permanent legal status. row the gap between opportunities have offered addresses what I under- What you are allowing the individual available in countries such as Mexico stood to be the Senator’s concern; that to do is to say: I have a job today tem- and those in Central America and is, that there are going to be American porarily, and with that I am going to South America and other countries— workers out there when this person is petition for the right—and the law which is the basic reason why people getting a green card. Therefore, it is would then allow the individual to ac- leave to come to the United States, to going to be adverse to the American quire permanent status in the United find jobs and work, and we all under- workers. We say, if there is one, they States, which then can lead to citizen- stand why—we need to find some way don’t get it. That is decided by the Sec- ship. The whole point of temporary of reinstating this pattern of circular retary of Labor. And they have to be permits, as I said, is they reflect the migration so people do maintain their able to prove their work history economic conditions for the length of contacts and ties with their country through documents and records that the permit or the visa. and their culture and their family be- are either held by the Government or Under the bill Senator CORNYN and I cause otherwise we will never be able by the employer. It seems to me that is have, we have 2-year visas. What the to satisfactorily address this phe- about as lock safe and secure as you President has proposed is a 3-year visa. nomenon of illegal immigration, no can have in this business. I would hope The bottom line is, it should be no matter what kind of caps we put on it, we would accept this amendment. longer than necessary to ensure that if no matter how many folks we put on Mr. President, I think my time has economic conditions change and the the border, no matter whether we build expired. jobs are no longer available, that the an actual wall or a virtual wall. The PRESIDING OFFICER. The time visa would expire, the individual would Unless we find some way of reducing of the Senator from Massachusetts has return home and would not get another the development gap between countries expired. visa to come here for temporary work that are the net exporters of human There is 7 minutes remaining in op- until the job has opened up again. So the fact that an individual can labor and a country such as America, position to the amendment. prove he has a job today or that he had which is the importer of human labor Who yields time? a job yesterday has nothing whatsoever from all over the world, we are never Mr. CORNYN. Mr. President, I yield to do with the availability of employ- going to get to the bottom of this prob- to the Senator from Arizona 5 minutes. ment in the future. That is the fatal lem. The PRESIDING OFFICER. The Sen- flaw of this amendment. So that is another reason why I be- ator from Arizona is recognized for 5 There needs to be an assurance that lieve this amendment should be de- minutes. Mr. KYL. Mr. President, the amend- when we are talking about permanent feated. We will have further discussion legal residence, there will be a job later on transforming, I hope, the so- ment that was adopted yesterday is a good amendment. I would hate to see available for that person in the future, called guest worker program to a true not just that the individual has a job temporary worker program and rein- us undo what we did yesterday with the Kennedy amendment. Therefore, I rise today. So that is a fatal flaw in the stating circular migration in a way Kennedy amendment. I do not know that both benefits America and bene- in opposition to it. What we are talking about is self-pe- whether it is deliberately intended. I fits those countries from which those suspect the point is to undercut the ef- workers come. titioning by an illegal immigrant for permanent legal status in the United fect of the amendment we adopted yes- Mr. President, I reserve the remain- terday, which is a worker protection States—a green card—to be here for der of our time and yield the floor. amendment. the rest of their life. The cir- The PRESIDING OFFICER. The Sen- The bottom line that Senator cumstances in the past for that had al- ator from Massachusetts. CORNYN is trying to assure is that if an Mr. KENNEDY. Mr. President, I have ways been that either a family member American has a job, that job is not un- tried to point out this will be a judg- petitioned you in under the law or an dercut by somebody coming here today ment decision that will be made by the employer petitioned you in because he who would be able to stay here forever Secretary of Labor as to whether there had a job for you. and, therefore, compete with the Amer- is an American fit, willing, and able. The concept of self-petitioning is a ican for the job. And if there is, they cannot petition. new one in the law in this context. One So I think we should stick with the Now, the Senator says: Well, it is all of the reasons why that is critical is we worker protection amendment we then up to the employee. But the idea are trying to assure that while a job adopted yesterday and not agree to the of the whole guest worker is the em- may have existed for somebody in the Kennedy amendment. ployer. Why is it good for the em- past or even exists today, that job may The PRESIDING OFFICER. The Sen- ployer, who is going to go out and peti- not be available forever. The concept of ator from Texas. tion and say: Look, I need someone to temporary workers is just that, that Mr. CORNYN. Mr. President, is it come work for me. They advertise for when there is a job available for that correct we have 3 minutes remaining? 45 days. Then they find out they have worker, then the worker has a tem- The PRESIDING OFFICER. The Sen- someone from overseas who will do porary visa to fulfill that job. When ator is correct. that. So the employer is the one who is that jobs goes away, and there is no Mr. CORNYN. Mr. President, where petitioning there. Didn’t have any longer work in that particular area, we have come from since yesterday problem with that. then the individual’s visa would expire, afternoon is, we had a basic bill that Now, when we get into the situation and it would not be reissued until, once provided no protection for American after 4 years, they can make the peti- again, the work is available. That is workers because it allowed foreign tion on this, if there is a vacancy, ac- the whole concept of ‘‘temporary.’’ workers to self-petition without a job, cording to this proposal, but if there is That concept is eliminated or de- without any type of certification there not a green card available, they do not stroyed with a part of the Kennedy were no Americans available to fill the get it. They might have to wait a year. amendment. The first part of the Ken- job, and we then adopted an amend- They might have to indicate 2 years. nedy amendment does provide for the ment that would install some worker This is not automatic. There are only a Department of Labor to make a deter- protections by requiring both of those certain number of green cards that are mination about employment condi- things: that, No. 1, there is a job avail- available under this category. They tions and whether jobs are available in able; and, No. 2, there are not sufficient may wait 1 year. They may have to a particular area. But then there is the Americans to fill that type of job.

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.008 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4733 Now, under the amendment of the All time having expired on debate, equally divided. If it is not reached, we Senator from Massachusetts, we have the question is on agreeing to the will have side-by-side amendments. I gone from no worker protection to amendment. alert Members as to what the schedule what I would call illusory worker pro- The clerk will call the roll. will be. tection—illusory worker protection— The assistant legislative clerk called Following that, Senator AKAKA is because this puts the decision to define the roll. next in line, and we are considering a the job requirements in the hands of Mr. DURBIN. I announce that the time agreement there, also. the foreign worker. It also puts in the Senator from West Virginia (Mr. I have been asked when the next vote hands of the foreign worker—the self- ROCKEFELLER) is necessarily absent. will occur. I think we can move the bill interested individual, by the way, who The PRESIDING OFFICER (Ms. MUR- most expeditiously if we continue to is going to be staying or leaving de- KOWSKI). Are there any other Senators take up the amendments one at a time, pending on whether they meet these re- in the Chamber desiring to vote? but after the first votes bring all the quirements—it puts in that foreign The result was announced—yeas 56, Senators in to stack the votes. We will worker’s hands the total and unilateral nays 43, as follows: have a better idea as to when we will determination of what the job require- [Rollcall Vote No. 129 Leg.] stack the votes when we have a better ments are and, No. 2, whether that YEAS—56 idea as to how many votes we will same foreign worker meets those job Akaka Feinstein Menendez have. requirements; whereas, for everyone Baucus Graham Mikulski Meanwhile, the Judiciary Committee else in America, it is the employer who Bayh Hagel Murkowski is meeting in executive session in the Biden Harkin determines whether the prospective Murray President’s Room, so I ask Judiciary Bingaman Inouye Nelson (FL) employee meets the job requirements. Boxer Jeffords Obama Committee members to go to that The last thing I would say is, for Brownback Johnson Pryor meeting. every other category of visa, worker Cantwell Kennedy Reed Carper Kerry I thank the Chair and yield the floor Reid visa in America, under our naturaliza- Chafee Kohl to Senator BYRD. Salazar tion and immigration system, there Clinton Landrieu Mr. KENNEDY. Madam President, Sarbanes has to be some form of employer spon- Conrad Lautenberg the Inhofe amendment is enormously Craig Leahy Schumer sorship. And this deviates from that Dayton Levin Specter important. It is complicated. Members pattern which I believe is important, DeWine Lieberman Stabenow on both sides, including the author of and this represents an unprecedented Dodd Lincoln Stevens the amendment, are working in good break with that in a way that I think Dorgan Lugar Voinovich faith to try to work this out. To my Durbin Martinez Warner damages the prospects of American Feingold McCain Wyden knowledge, it has not been worked out. workers. Hopefully, after 25 minutes we will be NAYS—43 So I urge my colleagues to vote able to tell the Senate whether it is against the amendment. Alexander Crapo McConnell worked out, whether we will have to I yield the floor and yield the re- Allard DeMint Nelson (NE) Allen Dole Roberts have side-by-side amendments. But at mainder of our time. Bennett Domenici Santorum this time, we will not enter into a The PRESIDING OFFICER. All time Bond Ensign Sessions short time agreement. has expired on the amendment. Bunning Enzi Shelby Hopefully, as we have been making The Senator from Pennsylvania. Burns Frist Smith Burr Grassley Snowe progress in other areas, we will have a Mr. SPECTER. Mr. President, fol- Byrd Gregg Sununu chance to do that in this area as well. lowing this vote, the next scheduled Chambliss Hatch Talent The PRESIDING OFFICER. The Sen- amendment is by the Senator from Coburn Hutchison Thomas ator from West Virginia has the floor. Oklahoma, Mr. INHOFE. There are nego- Cochran Inhofe Coleman Isakson Thune Mr. BYRD. Madam President, today tiations in trying to work it out. They Collins Kyl Vitter the Senate finds itself considering yet are supposedly very close. So we are Cornyn Lott another amnesty for illegal aliens. not sure whether we will have Senator NOT VOTING—1 After the defeat of a similar amnesty INHOFE’s amendment and a side-by-side Rockefeller proposal last month, I had hoped that laid down. We will try to determine The amendment (No. 4066) was agreed the Senate had seen the last of these that while the vote is on. efforts. I had hoped that the Senate, If they are table to work it out—or to. when given the time to consider the immediately following that, we will go Mr. KENNEDY. Madam President, I overwhelming opposition of the Amer- to the amendment by Senator AKAKA. move to reconsider the vote, and I ican people to amnesty, would pass a We are going to try to work out time move to lay that motion on the table. clean border security bill like the agreements so we can move the bill The PRESIDING OFFICER. The Sen- House did without amnesty, without a along on all of them. ator from West Virginia is to be recog- Let me remind my colleagues, we are nized. guest worker program, and without an going to enforce the rules strictly to 15 Mr. KENNEDY. Madam President, we increase in the annual allotment of minutes and 5 so we can move the bill are trying to move along. I see my col- permanent immigrant visas. Sadly, the Senate is embarking on a along. league and friend behind me, the Sen- Let me also remind my colleagues on ator from West Virginia, Mr. BYRD, path that contradicts everything we the Judiciary Committee that we are who has been here patiently waiting to know—everything we know—about the going to have our executive meeting in address the Senate on this issue gen- position of the American people on this the President’s Room. We had planned erally. That might work, as we are just issue. It is an unpopular approach. It is to have an executive meeting at 9 trying to reaffirm the language on this the wrong approach. o’clock this morning, but then when Inhofe amendment. The other night in his address to the the hearing on General Hayden was Mr. SPECTER. Madam President, Nation, the President endorsed the moved by the Intelligence Committee may I ask the Senator from West Vir- Senate amnesty plan to award U.S. from 10 to 9:30, we could not have that ginia how long he would like? citizenship to illegal aliens, and he an- meeting, so we are going to have it in Mr. BYRD. Probably 20 minutes. nounced the deployment of up to 6,000 the President’s Room immediately fol- Mr. SPECTER. Madam President, guardsmen to the U.S. border with lowing this vote. that is entirely acceptable. I announce Mexico. The deployment of U.S. troops I thank the Chair and yield the floor. that following Senator BYRD we will be is intended to suggest an urgency Mr. KENNEDY. Mr. President, I ask going to the Inhofe amendment. I un- about gaining control of the border for the yeas and nays. derstand they are very close on an that has been missing for many years, The PRESIDING OFFICER. The yeas agreement. If that agreement is even since the September 11 attacks. and nays are requested. reached, then I would like to move—al- Nevertheless, I have my doubts and Is there a sufficient second? though I am not asking consent for concerns. There appears to be a sufficient sec- that now—to a 20-minute time agree- Guardsmen have been sent overseas ond. ment, if an agreement is reached, two times, even three times—no, even

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.010 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4734 CONGRESSIONAL RECORD — SENATE May 18, 2006 four times—and have come home fa- and 1,950 more detention beds in place whole to make the public investments tigued and stressed out. They have helping to secure our borders. necessary to ensure that these workers been forced to sell businesses and to I will support any realistic effort to do not fall into a state of poverty once endure financial hardships because of secure our borders, but I have to ques- they have arrived. We have our own their long absences. tion the sincerity behind sham at- problems to address without having to Just a few months ago, the White tempts that accomplish a token pres- assume this additional burden to help House proposed to cut the National ence which only impose further hard- American businesses find cheaper Guard by nearly 18,000 soldiers. The ad- ship on our National Guard and may labor. jutants general of many States are re- put communities at risk from natural Amnesties beget more illegal immi- porting that they were not involved in disasters. gration—hurtful, destructive illegal discussions about the deployment of The sense of urgency that comes with immigration. They encourage other un- the Guard to our borders. So what as- deploying the National Guard is belied documented aliens to circumvent our surances are there that sending troops by the administration’s consistent op- immigration process in the hope that to the border won’t hamper our ability position to providing the necessary re- they, too, can achieve temporary work- to respond to the floods in New Eng- sources that our border security agen- er status. Amnesties sanction the ex- land, another Hurricane Katrina, or an- cies need to do their job. Last month, ploitation of illegal foreign labor by other natural disaster? I joined Senator GREGG in offering an U.S. businesses and encourage other The National Guard might be able to amendment to the supplemental appro- businesses to hire cheap and illegal lend support to our border security, but priations bill for Iraq to provide $1.9 labor in order to compete. that role must not be at the expense of billion for the Border Patrol to hire the President Reagan signed his amnesty the thousands of communities around agents and secure the equipment that proposal into law in 1986. At the time, the country that also depend on our they need to better secure the border. I supported amnesty based on the same Guard should disasters strike those The President has threatened to veto promises that we hear today; namely, towns or counties. the supplemental bill. It is difficult to that legalizing undocumented workers Press reports indicate that the Guard believe that the President would op- and increasing enforcement would stem men and women will not be empowered pose funding our border agencies suffi- the flow of illegal immigration. It to arrest aliens who attempt to cross ciently to do the job they were created didn’t work then; it won’t work today. our borders. I cannot help but wonder to do, but that is the situation. The 1986 amnesty failed miserably. if this move to detail guardsmen to our Immigration enforcement in our After 1986, the illegal immigrant popu- borders is a political stunt to look country remains a decidedly half- lation more than quadrupled from 2.7 tough at the expense of the brave cit- hearted effort. The administration million aliens to 4 million aliens in izen-soldiers who serve in the Guard. claims to strengthen border security in 1996, to 8 million aliens in 2000, to an The President would not have to call one area, and then completely under- estimated 12 million illegal aliens out the National Guard to secure the mines it in another with amnesty pro- today. borders if he had supported even posals. That dangerous inconsistency is In that time, the Congress continued some—even some—of the nine—nine, at the root of my opposition to the to enact amnesty after amnesty, nine—separate amendments that I have misguided amnesty proposal before the waiving the Immigration Act for offered since September 11 to hire and Senate. lawbreakers. The result is always the train more Border Patrol agents. If I oppose this amnesty bill. I oppose it same: For every group of illegal aliens these amendments had been adopted—I absolutely. I oppose it unequivocally. I granted amnesty, a bigger group enters say, if they had been adopted—the law oppose this effort to waive the rules for the country hoping to be similarly re- enforcement agents would be in place lawbreakers and to legalize the unlaw- warded. This bill encourages individ- right now helping to secure the bor- ful actions of undocumented workers uals on both sides of the border to flout ders. and the businesses that illegally em- the law. It is a congressional pardon Instead, the administration has con- ploy them. for lawbreakers—both for illegal aliens sistently opposed these efforts as un- Amnesties are the dark underbelly of and the unscrupulous employers who necessary and extraneous spending, our immigration process. They tarnish hire them. saying that those funds would expand the magnanimous promise enshrined What is backward about the pending the size of Government. When I in- on the base of the Statue of Liberty. bill is that it would actually expand cluded $400 million in the fiscal year Amnesties undermine that great egali- benefits to illegal aliens rather than 2002 Supplemental Appropriations Act tarian and American principle that the curtail them. It authorizes illegal for border security, the President re- law should apply equally and should aliens to work in the country. It grants fused to spend it saying: apply fairly to everyone. Amnesties illegal aliens a path to citizenship. It I made my opposition clear . . . We’ll perniciously decree that the law shall pardons employers who illegally em- spend none of it. apply to some but not to all. ploy unauthorized workers. It even re- That is what he said. That is what This bill would create a separate set peals provisions in current law de- the President said. He said: of immigration laws for those who signed to deny cheaper, in-State tui- I made my opposition clear . . . We’ll choose not to follow the regular proc- tion rates to illegal aliens. spend none of it. ess that everybody else had to go The pending bill is an invitation to As recently as last September, on a through. It is a slap in the face to immigrants and employers alike to party-line vote, the majority defeated every immigrant who had to wait violate our immigration laws and to an Obey-Byrd-Sabo motion in con- abroad to come to American shores, get away with it. Amnesties are dan- ference on the fiscal year 2006 Home- and to every immigrant who had to gerous proposals. Amnesties open land Security appropriations bill to struggle and work to become a U.S. cit- routes to legal status for aliens hoping add $100 million for border security. izen. to circumvent the regular security The administration opposed—yes, you It is a false promise to the many tens checks. By allowing illegal aliens to heard me correctly—the administra- of millions of immigrants who would be adjust their status in the country, we tion opposed the Byrd-Craig amend- authorized to settle in the United allow them to bypass State Depart- ment to the fiscal year 2005 supple- States under this bill with the infra- ment checks normally done overseas mental appropriations bill to add $389 structure of our Nation—our schools, through the visa and consular process. million for, what? For border secu- our health care system, our transpor- One need only look to the 1993 World rity—border security. Fortunately, the tation and energy networks—increas- Trade Center bombing, where one of amendment was approved and subse- ingly unable to absorb this untenable the terrorist leaders had legalized his quently, despite administration opposi- surge in the population. Many employ- status through an amnesty, to know tion, the conferees approved $274 mil- ers are more than willing to take ad- the dangers of these kinds of proposals. lion. And as a result, there are now 500 vantage of the cheap labor that this Our immigration system is already more Border Patrol agents, 218 more bill would provide, but the responsi- plagued with funding and staffing prob- immigration agents and investigators, bility would fall on the Nation as a lems. It is overwhelmed on the borders,

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.011 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4735 in the interior, and in its processing of United States of America. Unless otherwise key events, key persons, key ideas, and key immigration applications. It only took authorized or provided by law, no person has documents that shaped the institutions and 19 temporary visa holders to slip a right, entitlement, or claim to have the democratic heritage of the United States; through the system to unleash the hor- Government of the United States or any of d. demonstrate an attachment to the prin- its officials or representatives act, commu- ciples of the Constitution of the United ror of the September 11 attacks, and nicate, perform or provide services, or pro- States and the well being and happiness of the pending proposal would shove vide materials in any language other than the people of the United States; and many tens of millions of legal and ille- English. If exceptions are made, that does e. demonstrate an understanding of the gal aliens—many of whom have never not create a legal entitlement to additional rights and responsibilities of citizenship in gone through a background check— services in that language or any language the United States. through our border security system other than English. If any forms are issued (d) IMPLEMENTATION.—The Secretary of over the next decade, in effect, flooding by the Federal Government in a language Homeland Security shall implement changes a bureaucracy that is already drown- other than English (or such forms are com- to the testing process designed to ensure pleted in a language other than English), the compliance with [8 U.S.C. 1423(a)] not later ing. English language version of the form is the than January 1, 2008. It is a recipe for disaster, and 6,000 sole authority for all legal purposes.’’. National Guardsmen without the power Mr. INHOFE. Madam President, I ask ‘‘(b) CONFORMING AMENDMENT.—The table unanimous consent to add as cospon- to enforce our immigration laws and of chapters for title 4, United States Code, is arrest illegal aliens are not going to amended by adding at the end the following: sors several Senators, including the make the difference between success ‘‘6. Language of the Government ...... 161’’. distinguished senior Senator from West and failure. Our Nation’s experience SEC. 767. REQUIREMENTS FOR NATURALIZATION. Virginia, Senator BYRD, and Senators shows that amnesties do not—do not— (a) FINDINGS.—The Senate makes the fol- ALEXANDER and KYL. work. They encourage illegal immigra- lowing findings: The PRESIDING OFFICER. Without tion. They open our borders to terror- a. Under United States law (8 U.S.C. objection, it is so ordered. 1423(a)), lawful permanent residents of the ists. Our experience shows that we can- Mr. INHOFE. Madam President, this United States who have immigrated from is, I believe, a very significant amend- not play games with our border secu- foreign countries must, among other require- rity or American lives could be lost. ment. We have had an opportunity to ments, demonstrate an understanding of the talk to people who had problems. In ad- I will oppose this amnesty bill, and I English language, United States history and urge my colleagues to do likewise. Government, to become citizens of the dition to making English the national Madam President, I yield the floor, United States. language, we also unify some of the ap- and I suggest the absence of a quorum. b. The Department of Homeland Security plications in terms of legalized immi- The PRESIDING OFFICER. The is currently conducting a review of the test- grants. clerk will call the roll. ing process used to ensure prospective I have had the honor of speaking at United States citizens demonstrate said naturalization ceremonies. It is a very The assistant legislative clerk pro- knowledge of the English language and ceeded to call the roll. warm thing to know that these people United States history and government for come in and do it the legal way, the Mr. INHOFE. Madam President, I ask the purpose of redesigning said test. unanimous consent that the order for (b) DEFINITIONS.—For purposes of this sec- right way; wherein they have to, and the quorum call be rescinded. tion only, the following words are defined: they do, learn the language. We have The PRESIDING OFFICER. Without (1) KEY DOCUMENTS.—The term ‘‘key docu- some language in here that Senator objection, it is so ordered. ments’’ means the documents that estab- ALEXANDER had suggested that I think Mr. INHOFE. I ask for the regular lished or explained the foundational prin- makes this a better bill, and I think order. ciples of democracy in the United States, in- Senator KYL and Senator SESSIONS also The PRESIDING OFFICER. The Sen- cluding the United States Constitution and have this language. So it goes beyond the amendments to the Constitution (par- that. ator’s amendment is pending. ticularly the Bill of Rights), the Declaration AMENDMENT NO. 4064, AS MODIFIED of Independence, the Federalist Papers, and Basically, what it does is it recog- Mr. INHOFE. I ask unanimous con- the Emancipation Proclamation. nizes the practical reality of the role of sent that the amendment be modified (2) KEY EVENTS.—The term ‘‘key events’’ English as our national language. It with the changes that are at the desk. means the critical turning points in the his- states explicitly that English is our na- The PRESIDING OFFICER. The tory of the United States (including the tional language, providing English a American Revolution, the Civil War, the status in law that it has not had be- amendment is so modified. world wars of the twentieth century, the The amendment (No. 4064), as modi- fore. It clarifies that there is no enti- civil rights movement, and the major court tlement to receive Federal documents fied, is as follows: decisions and legislation) that contributed to On page 295, line 22, strike ‘‘the alien—’’ extending the promise of democracy in and services in languages other than and all that follows through page 296, line 5, American life. English. It declares that any rights of and insert ‘‘the alien meets the requirements (3) KEY IDEAS.—The term ‘‘key ideas’’ a person and services or materials in of section 312.’’. means the ideas that shaped the democratic languages other than English must be On page 352, line 3, strike ‘‘either—’’ and institutions and heritage of the United authorized or provided by law. It recog- all that follows through line 15, and insert States, including the notion of equal justice nizes the decades of unbroken court ‘‘meets the requirements of section 312(a) under the law, freedom, individualism, opinions that civil rights laws pro- (relating to English proficiency and under- human rights, and a belief in progress. tecting against national origin and dis- standing of United States history and Gov- (4) KEY PERSONS.—The term ‘‘key persons’’ ernment).’’. means the men and women who led the crimination do not create rights to On page 614, after line 5, insert the fol- United States as founding fathers, elected of- Government services and materials in lowing: ficials, scientists, inventors, pioneers, advo- languages other than English, and es- SEC. 766. ENGLISH AS NATIONAL LANGUAGE cates of equal rights, entrepreneurs, and art- tablishes enhanced goals of the DHS as (a) IN GENERAL.—Title 4, United States ists. redesigned. This is what I talked about Code, is amended by adding at the end the (c) GOALS FOR CITIZENSHIP TEST REDE- in trying to make those more uniform. following: SIGN.—The Department of Homeland Secu- I think Senator ALEXANDER wants to ‘‘CHAPTER 6—LANGUAGE OF THE rity shall establish as goals of the testing make a few comments. I would only GOVERNMENT process designed to comply with provisions of [8 U.S.C. 1423(a)] that prospective citizens: say that this is something that is more ‘‘Sec. a. demonstrate a sufficient understanding significant probably to the American ‘‘161. Declaration of national language of the English language for usage in every- people than it is inside this Chamber. I ‘‘162. Preserving and enhancing the role of day life; know there is opposition to this. There the national language b. demonstrate an understanding of Amer- are some people who don’t believe that ‘‘§ 161. Declaration of official language ican common values and traditions, includ- English should be our national lan- ‘‘English is the national language of the ing the principles of the Constitution of the guage. If you look at some of the re- United States. United States, the Pledge of Allegiance, re- cent polling data, such as the Zogby ‘‘§ 162. Preserving and enhancing the role of the na- spect for the flag of the United States, the tional language National Anthem, and voting in public elec- poll in 2006, it found 84 percent of ‘‘The Government of the United States tions; Americans, including 77 percent of His- shall preserve and enhance the role of c. demonstrate an understanding of the panics, believed that English should be English as the national language of the history of the United States, including the the national language of Government

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.013 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4736 CONGRESSIONAL RECORD — SENATE May 18, 2006 operations. A poll of 91 percent of for- communicate with one another in a does. No. 1, it states the obvious: that eign-born Latino immigrants agreed common language. I think that is an English is the national language of the that learning English is essential to ideal of America that is important. I United States. But in so stating, it succeeding in accordance with the think any Nation, historically, that does not prevent those who are today United States, according to the 2002 has divisions based on language, begins receiving Government services in other Kaiser Family Foundation poll. to have a lot of complications and languages from continuing to do so. We Also, we heard the other day, when problems. So I am pleased that Senator can have those discussions at another President Bush made his very eloquent ALEXANDER and Senator INHOFE have time. statement, he said: worked hard on this, that they have The second thing it does is it adopts An ability to speak and write the English come up with language that also in- an idea that has been suggested by language, English allows newcomers to go cludes more extensive training and Senator GRASSLEY, the Senator from from picking crops to opening grocery learning on behalf of new citizens Iowa, on another occasion during the stores, from cleaning offices to running of- about what it means to be an Amer- debate on this bill; that for those im- fices, from a life of low-paying jobs to a di- ican. No one has been more articulate migrants who are currently in the ploma, a career, and a home of their own. over the years on this than Senator country illegally but who may be able So I believe this is something very ALEXANDER. to adjust to a legal status under the significant that we are doing today I offered an amendment on it and way this bill is finally written, it es- that people have talked about now for worked with Senator INHOFE and Sen- tablishes a clear English language re- four decades that I know of, and I be- ator ALEXANDER and others, and we quirement for them to become lawful lieve it should be popular. have reached a common accord with an permanent residents. I yield to the Senator from Arizona. amendment I think everyone can sup- The third thing it does is it estab- The PRESIDING OFFICER. The Sen- port that will help unify us as a Nation lishes clear goals for the tests that im- ator from Arizona is recognized. and make sure we are one people, all migrants take to become new Amer- Mr. KYL. Madam President, I wish to Americans, adhering to the highest ican citizens, so that they know compliment the Senator from Okla- ideals of this great country. English, our common language, and so homa for his work, for bringing it to Senator INHOFE, thank you for your that they know American history. the Senate floor, and for doing some- work and, Senator ALEXANDER, I appre- That test is currently being redesigned thing I think is very important and ciate your leadership also. by the Department of Homeland Secu- that I think unifies us. Mr. INHOFE. I thank Senator SES- rity. In doing so, this part of the Inhofe What are some of the things that do SIONS for the contributions he has amendment picks up language that had unify us? Well, our language unifies us. made. You and Senator ALEXANDER been offered before by Senator REID Senator ALEXANDER, who will speak in have both made contributions, and I and by me, and by Senator KENNEDY a moment, was responsible also for think it would be appropriate for me to and Senator DODD, as we worked to working with Senator INHOFE to in- yield some time to Senator ALEXANDER create summer academies for out- clude provisions in this amendment because he can articulate some of the standing students and teachers of that help us to recognize the impor- other areas that we are addressing American history. tance of English in our country and the here, other than English as the na- It should surprise no one that the importance—not just for our new im- tional language. Senate would pass a resolution stating migrants but for all Americans—of Mr. ALEXANDER. Madam President, that our national language is English. speaking this language that is our na- I see the manager of the bill. I wonder I can remember being at an education tional language. So an amendment if it would be appropriate for me to go meeting in Rochester in the late 1990s, that recognizes that it is our national ahead for about 10 minutes on the when someone asked: What is the ra- language is very positive for both im- Inhofe amendment. tionale for common schools? And Al- migrants and nonimmigrants alike. Mr. SPECTER. Madam President, the bert Shanker, the late president of the I would also like to make a point distinguished Senator from Tennessee American Federation of Teachers, said about what this amendment is not. has been a leader in this field going the public schools, the common schools This is not an English-only amend- back to his days as the Secretary of of America were created to help largely ment. That is an important point. We Education and Governor. Ten minutes immigrant children learn reading and do speak a lot of different languages in would be fine. I think that is accept- writing and English and mathematics this country, but English is our na- able to Senator ALEXANDER. with the hope they would go home and tional language, and I think we can all I would like to remind Senators we teach their parents. agree on those great principles. are trying to move the bill along. The So for a long time, we have tried to So this expression by the Senate is next Senator in line is Senator AKAKA, help new citizens learn our common an important one, and I compliment all and I think we are likely to be ready language so we can speak to one an- of those who helped to work on it, and for Senator AKAKA very briefly. If he other, and that has been English. Since for bringing it to the Senate floor I could come to the floor, we could move 1906, our naturalization laws have re- thank Senator INHOFE. ahead with his amendment. I thank the quired new citizens to know English Mr. INHOFE. I appreciate the com- Chair, and I yield to Senator ALEX- and be able to pass tests in English. ments of the Senator from Arizona, ANDER. The Senate, at the beginning of the who was very instrumental in coming Mr. ALEXANDER. Madam President, immigration debate, put a value on the up with some good language that made could I be notified when I have 60 sec- English language by approving an this a better piece of legislation. onds left? amendment that said that the federal Madam President, I ask unanimous The PRESIDING OFFICER. The Sen- government would offer $500 grants consent that Senator FRIST be added as ator will be notified. paid for out of visa fees by those who a cosponsor. Mr. ALEXANDER. I think Senator are legally here, who are seeking to be- The PRESIDING OFFICER. Without INHOFE, the Senator from Oklahoma, come prospective citizens. In other objection, it is so ordered. has been looking at the original motto words, we want to help people learn The PRESIDING OFFICER. The Sen- of the United States which is above the English. ator from Alabama is recognized. Presiding Officer’s chair: e pluribus That same amendment said that if Mr. SESSIONS. I thank the Senator unum, ‘‘one out of many,’’ in our ante- you become fluent in English, we will from Oklahoma for his good work be- cedent language of Latin because he cut a year off the time you have to cause we are now a Nation of people of has done a very good job, I think, of wait to become a lawful, new citizen different faiths, different skill sets, dif- helping to say what the body as a from 5 years to 4 years. ferent backgrounds, different colors of whole would like to say, and I hope I remember when I was Education skin, and different nationalities. Where this is something all Senators can Secretary for this country 15 years ago, we once were apart, now we have be- agree on. when I went to the Southwest United come Americans. The thing that makes Here is what the Inhofe amendment, States and someone told me: Well, you this country effective is being able to of which I am proud to be a cosponsor, will probably find a lot of people who

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.014 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4737 object to learning English. But I found derstand those principles which we de- a global world, and it would make just the reverse. I found a lot of men bate here in the Senate. Just look at America a better place. and women in the Southwest United this debate on immigration. We are de- However, what makes America a spe- States who were upset with me because bating four great principles with which cial place and what is the key to suc- they didn’t have enough help to learn we all agree, but we apply them in dif- cess in America, from an economic and English. They wanted to learn the na- ferent ways. They are the rule of law; social perspective, is to master or be tional language, the common language they are laissez faire, about our free competent in the English language. of the United States. market system; they are equal oppor- While I personally would like to be The Inhofe amendment is in that tunity, giving everybody a fair chance able to speak another language—I spirit. I have always believed that the at the starting line; and e pluribus think it would make me a better per- luckiest children in our country are unum, the idea that we are one nation son, it would change my life for the those who speak more than one lan- from many. better—when it comes to our Nation, it guage, whether it is Spanish or Chi- This amendment is as important as is important that we focus as a nation nese—which, after Spanish, is the next any amendment which is being offered on those things which unify us, and our most widely spoken language in our because it helps take our magnificent common language is English. We need country—but that one of those lan- diversity and make it something even to understand that and promote that guages must be English, and children more magnificent. It recognizes that because if you are coming to America should learn it as quickly as is prac- only a few things unite us: our prin- or you are here now, your life will be tical. ciples, found in our founding docu- tremendously enhanced if you are flu- The second part of the Inhofe amend- ments, and our common language. We ent in the English language. Opportu- ment should not surprise anyone be- are proud of where we have come from, nities will exist for you that will not cause it incorporates language Senator where our ancestors have come from, exist otherwise. SESSIONS had offered to try to make but to make this land of immigrants I know there are many people in this certain that the U.S. history test that truly one country, we must have and body from different places in the world, new immigrants take if they wish to honor our national language, our com- and some have parents or grandparents become citizens is a good test and in- mon language, and that language is who came here not speaking a word of cludes the key documents and key English. English. Some may have died not events and key ideas of our founding The PRESIDING OFFICER (Mr. MAR- speaking a word of English, and their documents. As I mentioned, that has TINEZ). The Senator from Oklahoma. lives were just as valuable as anybody broad support on both sides of the aisle Mr. INHOFE. First of all, I do appre- else’s life, but we are trying, as a Gov- here, with the Democratic leader, as ciate as always the very eloquent Sen- ernment to make a policy statement well as the Republican leader, Senator ator from Tennessee giving the historic here—it is a policy statement—but not SESSIONS, Senator KYL, and others, perspective. I think it is important to change the law at the same time. having been involved in that. understand that virtually every Presi- The goal of this amendment is to say Finally, it should be no surprise that dent throughout the history of Amer- English is the national language of the the Senate, in the middle of a debate ica has made statements to that effect. United States. That is true. I would en- on a very important subject, finds talk- Teddy Roosevelt said in a speech: courage every American to learn an- ing about our common language, our We must also learn one language and that other language, get your kids enrolled national language, English, an impor- language is English. in taking Spanish or some other lan- tant matter, and talking about U.S. President Clinton said in his speech guage because they will be more suc- history an important matter. In many in 1999, in talking about immigrants: cessful in a global economy. From an ways, there is nothing more important New immigrants have a responsibility to individual level, we would be better off to discuss if we are talking about im- enter the mainstream of American life. That if every American could master addi- migration because the greatest accom- means learning English and learning about tional languages other than English. plishment of our country is not our di- our democratic system of government. But from a national perspective, to versity, even though that is a magnifi- We heard just the other day in a make sure we maintain our national cent part of our country. It is that we speech given by our President that it is unity and our common sense of being have taken all that diversity and mold- necessary in order to unify us and to one nation, it is important that we em- ed it into one nation on something leave all the obstacles that are out phasize the need to assimilate into other than race and ancestry. there. America by mastering the English lan- We have this enormous advantage in I thank not just the obvious ones who guage. Senator INHOFE is making a the world today, an advantage France have been speaking already, but Sen- statement that needs to be made. I and Germany don’t have. People have a ator MCCAIN and Senator GRAHAM have congratulate him. hard time thinking of how to become been a very important part in making What does this amendment do, and German, how to become French, how to changes, along with Senator ALEX- what is it intended to do? This amend- become Italian, how to become Chi- ANDER and the occupant of the chair, ment says: nese, how to become Japanese. But if the junior Senator from Florida. The Government of the United States shall you come to this country and you want At this time, I would like to hear preserve and enhance the role of English as to become a citizen, you must become from Senator GRAHAM. I yield to him the national language of the United States of an American and you must learn our whatever time he desires. America. common language. That is a part of it, The PRESIDING OFFICER. The Sen- That is a good policy statement. and it has been for 200 years. ator from South Carolina. From an individual perspective, we The greatest, most practical limit on Mr. GRAHAM. Mr. President, just to should learn as many languages as pos- the number of new immigrants who can put this debate in perspective for my- sible, but from a national perspective, come to our country is our ability to self and myself alone, I wish I could we need to promote assimilation in our assimilate them into our culture to speak an additional language. It would society. The best way to assimilate help them become Americans. make me a better person. I think I into our society is not to abandon your The Inhofe amendment is a very would enjoy that experience. I know native tongue but to also learn carefully constructed amendment to enough German just to be dangerous. I English. try to make sure that we are heard lived 41⁄2 years in Germany, and I Mr. DURBIN. Will the Senator yield properly in this country. We value picked up a little of the language, but for a question? every language. We value every ances- I was always somewhat embarrassed Mr. GRAHAM. I certainly will. try. We value every background that is that all my German friends probably Mr. DURBIN. Mr. President, I would here. It is what makes our country so spoke better English than I, and sev- like to first commend the Senator from special. I, for one, hope our children eral other languages. It would be great South Carolina. He and I have spoken grow up speaking more than one lan- for our country if our young people in the well here on the floor about this guage. But we need to be able to speak could learn additional languages be- issue. I am trying, as he is, to under- with one another, and we need to un- cause we live in a global economy and stand this issue from another’s point of

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.015 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4738 CONGRESSIONAL RECORD — SENATE May 18, 2006 view because I am a lucky person. My that would authorize a service to be Mr. GRAHAM. Let’s go back to the mother was an immigrant to this coun- provided by the U.S. Government in a original question and incorporate it try. When her parents came to this language other than English. My goal into the answer. The Senator asked me country from Lithuania, they did not is to make sure, in trying to bring us if I know of a case where the American speak English. My mother spoke both together, focusing on English as an es- Government provides a service in some Lithuanian and English, and as a sential part of who we are, not to dis- language other than English that I find young girl was an interpreter in court turb that legal setting. unjustified? The answer is overwhelm- so immigrant families could have jus- So if in the example of the Senator of ingly no. We do provide, at the Federal tice even if they didn’t understand someone who is needing translation in level, bilingual ballots and other serv- English very well. My mother spoke court because they are not competent ices outside of English for a reason, both languages, but I speak only in the language, the English language, and I think those reasons are good. English. and they can’t understand the pro- The Senator from Oklahoma gave an The Spanish language has become an ceedings—if a judge determines that or example. I believe it is a Federal stat- important symbol for so many people there is a statute which requires that ute that makes sure that due process in this country. It reflects on their her- person be provided translation, inter- rights of people not sufficiently trained itage. It is a source of pride. They are preting services, nothing in this in understanding English are pre- proud to be Americans, but they are amendment would override that. served. At some point in time—in 1978 equally proud to have a heritage they Mr. DURBIN. May I ask the Senator or whenever it was—Congress came can point to. to yield for a question? along and said: There will be services I look at the amendment offered by Mr. GRAHAM. Yes. provided in a language other than the Senator from Oklahoma. I can’t Mr. DURBIN. Can the Senator point English in a court setting. Not only do quarrel with his beginning sentence to me in a current situation where a I think that is just, but I want to pre- where he says: Government service is being offered serve it. The Government of the United States shall and explained in a language in addition Here is the ultimate answer to the preserve and enhance the role of English as to English—and that is usually the Senator’s question. If there is an exam- the national language of the United States of case. ple of an injustice in the Senator’s America. Mr. GRAHAM. Right. mind as an individual Senator, where That strikes me as a statement of Mr. DURBIN. There will be English the Government of our country is pro- fact. English is our language. Success and then another language. And in my viding a service not in English, this in America depends on a command of home State of Illinois, that language will not remedy that injustice. English. If you speak only Spanish, might be Polish, incidentally, or the That is what I am trying to say. your horizons are very limited. Filipino dialect of Tagalog, for exam- Passing this amendment, voting for But what troubles me, and I am still ple, that might be the case. this amendment will not remedy that wrestling with it, and I think the Sen- Mr. GRAHAM. Right. injustice. If you find one, you would ator from South Carolina is as well, is Mr. DURBIN. Can the Senator point have to come to the floor of the Senate the rest of the amendment. What hap- to a single circumstance where he and introduce a bill—a regulation—be- pens in the situation where a person is thinks there is an injustice in pro- cause this does not do that. here legally in the United States but viding that alternative language in- What Senator INHOFE said is abso- has limited English language skills— struction, an injustice that requires us lutely right. The reason I am going to what happens when that person, legally to change the law of the United States vote for this is because I think it tries here, goes into a courtroom, goes in to of America? to unite us without taking off the table vote, goes before law enforcement Mr. INHOFE. Will the Senator yield exceptions to English or services pro- agencies? What kind of guarantee can so I can answer this question? vided other than English. It doesn’t we give that the person will be treated Mr. GRAHAM. Go ahead. disturb the legal situation in this coun- fairly? Because just as English is at the Mr. INHOFE. First of all, if you look try by a statute, regulation, court de- root of who we are as Americans, so is at the second page of the bill, it pro- cree or an Executive order conferring the concept of fairness. vides: rights of people to receive services I am trying to find the balance. I Unless otherwise authorized or provided by other than English. If I thought it did, think the Senator from South Carolina law. . . . I wouldn’t vote for it. is looking for that same balance. I So we have that set up for exceptions Mr. DURBIN. Mr. President, if I may would like to ask the Senator to reflect that are already in law. ask the Senator to yield for a question, on whether we are being careful in the Now, the Court Interpreters Act was I wish there were a way to engage the language of this amendment. Are we passed in 1978. They did not, prior to Senator from Oklahoma because it is going too far? Are we going to find peo- that time—there was a problem that his amendment, and I would like to ple who are poor, people with limited corrected. That act, the Court Inter- hear his response. I hold in my hand a language skills, who will not receive preters Act, protects already existing publication from the Department of the kind of treatment and fairness we constitutional rights such as the 6th Justice which you can find on the Web really take pride in as Americans? amendment, the right to confront wit- site. I invite my colleagues to go to the Mr. GRAHAM. I will be glad to an- nesses speaking against you, and the Web site. They can read this official swer. That is a great question. Here is 5th amendment and 14th amendment publication from the Department of the way I view what we are trying to and due process. The United States—I Justice, and this is what they will do. Please, others, speak up. think it was in Negron v. New York. learn. It is entitled, ‘‘Know Your Even though we are trying, in this That is a Federal case which is often Rights.’’ amendment, to promote the idea that cited to support the right to an inter- Do you have trouble with English? Are you English is the national language and preter in Federal and State pro- unable to speak, read, write, or understand the Government of the United States ceedings. So it is Federal and State English well? If so, you are limited in shall preserve and enhance the role of proceedings. I believe that exception English proficiency. Federal agencies and or- English as the national language of the takes care of the problem you have. ganizations which get money from the Fed- United States of America, there is Mr. DURBIN. I don’t know whether eral Government have to take reasonable something else we are trying to avoid to direct my question to the Senator steps to help people who have trouble with English. Sometimes when a government doing. The truth is that a variety of from South Carolina, who I believe has agency or organization does not help you be- Government services are authorized the floor at this time, or to the Sen- cause you are limited in English proficiency, and provided by law in languages other ator from Oklahoma. What is hap- they violate the law. This is called ‘‘national than English. That decision has been pening on the floor of the Senate is origin discrimination.’’ made in the Voting Rights Act. There getting dangerously close to a debate, They go on to say: are a bunch of incidences in our law which hardly ever happens. And I ask There is a Federal law that protects your through court decisions, statutory those on C–SPAN to turn up the vol- civil rights. The law is called ‘‘Title VI of schemes, maybe regulatory schemes, ume. This may turn out to be a debate. the Civil Rights Act of 1964.’’

VerDate Aug 31 2005 01:25 May 19, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.017 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4739 It goes on with examples of possible English. That is why it is important to The PRESIDING OFFICER. Without discrimination. If you come to a hos- me. That is why I will vote for it. objection, it is so ordered. pital and you have limited English pro- Mr. SPECTER. Mr. President, will The amendment is as follows: ficiency, they are supposed to be able the Senator yield? (Purpose: To reduce document fraud, prevent to try to help you understand what Mr. GRAHAM. I yield the floor. identity theft, and preserve the integrity your rights are and treat you. Mr. SPECTER. Mr. President, on of the Social Security system, by ensuring Are we changing that? Will the scheduling, we have not been able to that persons who receive an adjustment of Inhofe amendment change that? If it work out an agreement on the Inhofe status under this bill are not able to re- amendment. ceive Social Security benefits as a result of doesn’t, why are we enacting this? If unlawful activity) this is law which we are comfortable The Ensign amendment is about to Insert in the appropriate place: with and will live with—and it is cur- go. We are trying to juggle schedules SEC. . PRECLUSION OF SOCIAL SECURITY CRED- rently law in the United States—why with one Senator going to a graduation and another Senator going to Florida. ITS PRIOR TO ENUMERATION. are we trying to change it? If we are (a) INSURED STATUS.—Section 214 of the So- eliminating this protection which is And if we can structure our schedules cial Security Act (42 U.S.C. 414) is amended currently in the law, recognized by the to have 12:30 votes, we can have two by adding at the end, the following new sub- Department of Justice, why are we votes at 12:30, if the Senator from Ne- section: eliminating it? vada would be agreeable to a time ‘‘(d)(1) Except as provided in paragraph (2), no quarter of coverage shall be credited for That is my question. limit between now and 12:30 equally di- vided. We will then be in position to purposes of this section if, with respect to Mr. GRAHAM. Mr. President, I will any individual who is assigned a social secu- give the Senator my answer and then vote on the Kennedy amendment. We will be in a position to vote on the En- rity account number on or after the date of yield to anyone. I know we need to enactment of the Comprehensive Immigra- wrap this up. sign amendment at 12:30. If we have the tion Reform Act of 2006, such quarter of cov- In my opinion, the phrase, ‘‘unless consent of Senator INHOFE—I have al- erage is earned prior to the year in which otherwise authorized or provided by ready discussed it with him infor- such social security account number is as- law,’’ we would preserve that service. mally—to set aside his amendment, the signed. Simply stated, that language to me is plan is to have a vote on the Inhofe (2) Paragraph (1) shall not apply with re- amendment this afternoon. That will spect to any quarter of coverage earned by intended to make sure that whatever an individual who, at such time such quarter service is provided in a language other give time for others to have a side-by- side. That is how I would like to pro- of coverage is earned, satisfies the criterion than English, our Federal Government specified in subsection (c)(2).’’. ceed. is not disturbed. If you want to disturb (b) BENEFIT COMPUTATION.—Section 215(e) Mr. KENNEDY. Mr. President, I want it, you would have to come back and do of such Act (42 U.S.C. 415(e)) is amended— to cooperate and have cooperated with something else. (1) by striking ‘‘and’’ at the end of para- the Senator. I think it is premature to Mr. DURBIN. If that is not the case, graph (1); establish a time on the Ensign amend- (2) by striking the period at the end of what does this add? What does it ment. I don’t think it will be an undue paragraph (2) and inserting ‘‘; and’’; and change? What does it bring to the law period of time. But it would be difficult (3) by adding at the end a new paragraph as that isn’t currently in the law? follows: now to agree to a specific time. I hope Mr. GRAHAM. May I suggest why I ‘‘(3) in computing the average indexed we would be able to agree after a while. think we need to do this and why I sup- monthly earnings of an individual who is as- I welcome the chance to continue this. port Senator INHOFE. We have gone signed a social security account number on I think this discussion has been enor- through a great debate in this country, or after the date of enactment of the Com- mously valuable and helpful. We can prehensive Immigration Reform Act of 2006, which is long overdue. What does it proceed in whatever way the leader there shall not be counted any wages or self- mean to be an American? And what wants to proceed. Right now, we would employment income for which no quarter of role unites us and what divides us? I not be in a position to agree to a 1-hour coverage may be credited to such individual think it is time for this body to say as a result of the application of section time limitation on the Ensign amend- two things: We will continue to provide 214(d).’’. ment, half an hour on each side. But we services other than English out of a Mr. ENSIGN. Mr. President, this bill will well work to try to get a reason- sense of justice and fairness, and we we are debating today, the immigra- able time, if that is the decision. are not going to disturb that because I Mr. SPECTER. Mr. President, I sug- tion bill, will place a significant cost think there is a goal for that in our so- gest we proceed with the Ensign on the American taxpayers. I am par- ciety. amendment. I agree. The discussion ticularly concerned that the provisions But as we debate how to assimilate 11 of this bill will impose a heavy strain with Senator GRAHAM, Senator INHOFE, million people, we need to make it on our social security system. That and Senator DURBIN was very produc- clear that it is the policy of our Gov- tive. Perhaps we could continue the concern is why I am offering amend- ernment not to change the law but is discussion on an informal basis as we ment number 3985. the goal of our Government to enhance try to come to an agreement on lan- The American public needs to under- our common language, English. To me, guage but meanwhile proceed to the stands what this bill would do. If en- that is a good thing to say because Ensign amendment with the prospect acted, it would allow the immigrants when the demonstrations are in the of a vote around 12:30. who receive amnesty to qualify for so- streets with Mexican flags, they have I yield the floor. cial security based on work performed the right to fly any flag, but some of us The PRESIDING OFFICER (Mr. prior to their amnesty. It allows people have to respond to that. I am sup- ISAKSON). The Senator from Nevada. to qualify for social security based on porting the bill, but I am not going to Mr. ENSIGN. Mr. President, I ask work they did while they were illegally sit on the sidelines and watch dem- unanimous consent that the pending present in the United States and ille- onstrations that destroy national amendment be set aside. gally working in the United States. Let unity. I am trying to bring us all to- The PRESIDING OFFICER. Without me repeat that. gether, and I want the individuals who objection, it is so ordered. People who broke the law to come are here and undocumented to be docu- AMENDMENT NO. 3985 here and broke the law to work here mented by taking civics classes and Mr. ENSIGN. Mr. President, I send an can benefit from their conduct to col- taking an English proficiency exam. amendment to the desk. lect social security. This bill is the Why do we ask them to do that? Why The PRESIDING OFFICER. The pathway that allows that. is that part of the pathway to citizen- clerk will report. In some cases, illegal immigrants ship? We all know if they don’t become The legislative clerk read as follows: may have stolen an American citizen’s proficient in English, they will never The Senator from Nevada [Mr. ENSIGN], for identity. They may have stolen an achieve their own individual value and himself, Mr. SANTORUM, and Mr. INHOFE, pro- American’s social security number to will be hurting our country. And we are poses an amendment numbered 3985. fraudulently work. But it is that ille- trying to reinforce that without doing Mr. ENSIGN. Mr. President, I ask gal conduct and fraudulent work that it in a way that would deny services al- unanimous consent that reading of the they will be allowed to use to qualify ready provided in languages other than amendment be dispensed with. for social security.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.019 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4740 CONGRESSIONAL RECORD — SENATE May 18, 2006 Does this bill punish the people who same employer. Obviously, she is not, license yet. In fact, Kelly’s daughter stole an American citizen’s identity? but someone else with her Social Secu- has gotten off to quite an early start in No, it does not. It rewards them. Does rity number is employed at that place life in the work world—considering she this bill consider the impact that the of employment. is only 5 years of age. Her Social Secu- crime of identify theft had on the vic- Audra is not the only American af- rity number was being used by an ille- tim whose social security number was fected in this way. A few years ago, a gal immigrant to work. stolen? No, it does not. This bill gives woman named Linda applied for a job Stories like this are all too common. them the full benefit of citizenship, at a chain retailer, but her job applica- Many Southwest States such as Utah with respect to social security benefits tion was turned down. Why? Because and Arizona, and even my home State and rewards criminal conduct without her potential employer told her that of Nevada, have experienced a crime any consideration for the victim. she was already working for that very spree involving illegal immigrants There have been many media reports same retailer. She, of course, knew bet- using stolen identities of children. In recently about illegal immigrants ter. She could not get a job because one case in Utah, a child apparently stealing Americans’ social security someone else had stolen her identity. owns a cleaning company and works as numbers. To understand the potential Without knowing it, the thief also a prep cook at two restaurants in Salt scope of this problem, you have to stole the job she could have been hired Lake City. That is a lot of responsi- un1erstand that every year employers to do. bility, especially for an 8-year-old boy. are advised that nearly 800,000 employ- That is not what America should be Another boy from Salt Lake City sup- ees do not have valid, I matching social about. People who want to work should posedly works for an express air freight security numbers. In too many cases, be able to work. Identity theft by ille- company, quite an important job for an the number used belongs to someone gal immigrants has damaged many 11-year-old. else. And so, for a moment, I want the Americans’ credit, making it hard for These stories are shocking. It is clear Senate to stop. I want my colleagues to them to buy the basic necessities. In that illegal immigrants are purchasing think. And to consider the impact this some cases, the victims of identity false papers and using stolen Social Se- theft and fraud has on the victims. theft are denied social service benefits curity numbers to obtain jobs. They Rarely, does the Senate ever really such as unemployment because records are victimizing hard-working Ameri- consider the impact that crime has on show they already have a job even cans, Americans who want to work. the victim. Today Should be different. though they are not working. In some They are also victimizing these young And so I am going to take a few mo- cases, government records show they children. The current Social Security ments to share with my colleagues a have many jobs all across the country. policy and this bill will only make few of the stories of the victims of I want to tell my colleagues about matters worse by granting benefits to identity theft. In order to protect their Caleb, who works in northern Nevada. those who are working here illegally. privacy, I will only use the victim’s He lives there with his wife and two I am offering an amendment to cor- first name. children. Caleb is actually one of my rect this problem. My amendment will Identify theft by illegal aliens has constituents. This is a picture of Caleb help reduce this kind of document created many problems for Americans. and his daughter at the kitchen table. fraud. My amendment will also pre- Sometimes those problems involve the Caleb works hard as a construction serve the integrity of the Social Secu- Internal Revenue Service. For exam- worker to take care of his family. In rity system by ensuring that people are ple, Audra has been a stay-at-home December of 2003, Caleb was unable to not able to receive Social Security ben- mom since 2000. Over the last 3 years, find work because of the seasonal dif- efits based on their prior unlawful ac- the IRS has accused her of owing $1 ficulties northern Nevada’s construc- tivity. million in back taxes. This is a picture tion industry faces. So Caleb applied I will explain my amendment to the of the first letter she received from the for unemployment benefits. He was de- American people and to the Senate. IRS saying she owed back taxes. Since nied unemployment benefits. Why? Be- Under current law, individuals who that first letter, she has received many cause he was told he was already work- work in the United States illegally and more. ing as a landscaper in Las Vegas. Many later obtain legal employment status Her story is clear. She has not of my colleagues are probably not can use their illegal work history to worked in 6 years. Yet the IRS says she aware of the geography of Nevada. I am qualify for benefits. For example, if an owes taxes for working the last three pretty confident that Caleb was not illegal immigrant works in the United years. What she first thought was a living in Reno and working in Las States for 9 years, and then receives mistake, later became clear. It was a Vegas because that would mean he legal status under this bill, the immi- case of identity theft. Her social secu- would have over a 1,000-mile commute grant would qualify for full Social Se- rity number was being used by at least every single day. Caleb and his wife curity benefits after just 1 year of legal 218 illegal immigrants, mostly in contacted the employer of the identity work. Essentially, the illegal immi- Texas, to obtain jobs. thief. They learned that the person grants can go back to the Social Secu- Audra has obtained copies of the 218 who used his Social Security number rity Administration and ask them for W–2s that were used in 2004 by illegal had previously given the employer at credit for his or her illegal work. immigrants using her Social Security least 10 different Social Security num- What is important to understand is number. This is a picture of the stack bers, and that person’s resident alien that in order to go back to the Social of those W–2s. In Audra’s own words, card had expired. Security system, the illegal immigrant she said, ‘‘It was so overwhelming I In this picture, Caleb has many of must get legal status in some way. couldn’t be frustrated—I was just com- the documents, including a copy of the This bill is an avenue that gives them pletely beyond that.’’ She filed a com- expired resident alien card used by the that legal status. This bill opens the plaint with the Federal Trade Commis- person who stole his identity. door for illegal immigrants to get So- sion. Her file at the Federal Trade Not only does identity theft by ille- cial Security based on their illegal Commission is very thick. Here is a gal immigrants create problems for work history. My amendment closes picture of many of the documents in adults, it is also creates problems for that door. her file on this chart. young children, children who will like- I know some of my colleagues may Identity theft by illegal immigrants ly have to deal with the consequences argue that the illegal immigrants paid has made it hard for some Americans of someone stealing their Social Secu- into the system, and as a result they to find a job of their own. When my rity number well into adulthood. should be able to collect benefits based staff spoke to Audra, she explained to For example, Kelly’s daughter is on paying into the system. To those them that she was not able to find a quite ambitious. Based on where she colleagues who feel that way, I say job of her own because of the theft of lives, and on where she works, she this: First, the crime of identity theft her Social Security number. This is a drives 80 miles each day to work at a and Social Security fraud are not photo of the letter Audra received de- steakhouse. I am sure her parents were victimless crimes. The victims of these nying her employment because she is surprised to learn about her commute crimes are American citizens and legal actually already employed by that since she does not even have a driver’s immigrants. My staff has spoken to

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.005 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4741 some of these victims. Some victims’ is not agreed to, there will be no way, waiving that felony. That, in and of Social Security records are such a mess none, for the Social Security Adminis- itself, is amnesty for the crime of iden- that the Social Security Administra- tration to determine who actually did tity theft. I do not think that the Sen- tion has wiped out all of the work his- the work associated with a particular ate should go beyond granting amnesty tory from the victim’s account. That is Social Security number. If my amend- for criminal identity theft. It is one the only way they believed they could ment is not agreed to, this bill will cre- thing to say that the perpetrator of the get a handle on the fraud associated ate an incentive for people to engage in crime cannot be prosecuted for that with these folks’ accounts. By wiping a second kind of fraud, one that is felony, but it is quite another to allow out all work history, the victim’s own based on fraudulent use of W–2s to peti- the perpetrator to collect Social Secu- legal work history is also deleted. Basi- tion for illegal work credit. There rity benefits. It is fundamentally un- cally, the victims is forced to start would be no way for the Social Secu- fair to do both when there are victims, over to qualify for future Social Secu- rity Administration to give proper like the ones I have talked about rity benefits. credit for that work if more than one today. The Social Security Administration person petitions for that credit. So I hope people will see the common advised the victim that the victim’s I ask my colleagues to consider the sense of this amendment and will, in a records are so bad that their only op- burden this will place on the Social Se- bipartisan fashion, overwhelmingly tion was to erase the victim’s work his- curity Administration itself. As of 2003, adopt this amendment. I urge my col- tory. The victims can rebuild their ac- there were 255 million records in the leagues to adopt this amendment. counts if they can produce their old W– Earnings Suspense File. That file is Mr. President, I yield the floor. 2s. How many people in America can where Social Security places records The PRESIDING OFFICER. The Sen- produce them? Some, maybe. If you are when the name and social security ator from Massachusetts. Mr. KENNEDY. Mr. President, iden- like me, and keep records forever, you number that is used do not match. How tity fraud is a major problem, a major will not have a problem. But for most can the Social Security Administra- issue in this country, and it ought to Americans, who do not keep their past tion process tens of millions of peti- be dealt with. We ought to do whatever W–2s and old records, it will be impos- tions to receive credit for illegally per- is necessary to make sure we are going sible to prove their work history. As a formed work? Without my amendment, to deal with this issue. I think most of result, some victims end up losing the Social Security Administration us have seen the various national pub- their ability to collect their Social Se- will be inundated with petitions with curity based on their own legal work lications and magazines talking about no way to know how to handle them. identity fraud. It is there with the use history. The promise of Social Security is for of credit cards. We have it on telephone At the same time, this bill would citizens and legal residents of the calling. We have it for purchasing over open the door to give Social Security United States. Social Security was not benefits based on illegal work history. the Internet, obtaining access of finan- intended for individuals who enter our If Members oppose this amendment, cial records, and with individuals mak- country illegally, purchase fraudulent Members are saying they want to re- ing illegal withdrawals. green cards and documentation on the ward illegal conduct with Social Secu- All of that is bad and wrong and vio- black market, and use them to get rity benefits while American citizens lates the law, and we ought to deal jobs. It is wrong to allow people who cannot collect their rightly earned ben- with that. But we are talking about in- have broken our laws to receive such a efits. This is simply unfair. That is not dividuals who are not involved in iden- reward, especially when such activity what America is about. tity fraud and have paid into the Social Second, Social Security is a system places such a heavy toll on victims. Security fund. Should they have that based on expectancy. For the illegal We should not now reward individ- payment they have made into the fund immigrants who paid into the system uals who have knowingly engaged in il- denied to them? So I am with the Sen- using a stolen Social Security card, legal activity. We should not adopt a ator from Nevada in trying to deal they never did so thinking they would policy that will reward this illegal be- with identity fraud, but I separate my- earn a retirement benefit. They did so, havior while at the same time con- self from him when he says all illegal and I don’t blame them, simply to get tinuing to subject the innocent to fur- immigrants are involved in the iden- a job. They could not have possibly ther victimization. Rewarding illegal tity fraud and, therefore, they should ever envisioned we would pass this bill behavior is insulting to those immi- not get credit for what they have paid in the Senate. They could not ever grants who have played by the rules to in in terms of Social Security. have thought that the Senate would let qualify for benefits. It is also insulting Now, who are we talking about? Basi- them go back and petition for Social to hard-working Americans who are cally, we are talking about individuals Security benefits. They never had a paying into the Social Security sys- who have the opportunity to try to reasonable expectation we would do tem. earn their position, the opportunity to this and, as a result, that they would My amendment allows immigrants to be an American citizen, who have to be able to receive those benefits in the begin accumulating credit to qualify pay a fine, have to go to the end of the first place. for Social Security only after they line for those who are coming into the Third, for the vast majority of per- have been assigned a valid Social Secu- United States currently, who have to petrators who engaged in this kind of rity number. It does not allow illegal demonstrate they have paid all of their identity theft, the only way they would immigrants to receive credit for their taxes, who have to demonstrate they ever be able to petition the Social Se- past illegal work. This approach is re- have been free from violating the law. curity Administration is if we pass this sponsible and it is common sense. Espe- There are all of those conditions that bill. It is reasonable to oppose, as a cially when it comes to how the Social are set up. But once they have achieved condition to amnesty, a requirement Security Administration will function. all of those conditions, then they have that the people receiving amnesty give I hope one of the principles we can the possibility of citizenship 11 years up or surrender their rights to petition reach consensus on is that illegal be- from now. for Social Security benefits for their havior should not be rewarded at the So the issue is, should they be denied previous illegal work. expense of victimizing American citi- the credits they have paid into Social I ask my colleagues to consider the zens. I cannot go home to Nevada and Security? The Senator from Nevada message the Senate is sending to the tell the people we allowed Social Secu- thinks they should. victims if we do not agree to my rity benefits to go to people who have Well, first of all, who are these peo- amendment. The victim has already worked in the United States illegally, ple? First of all, his proposal would de- paid a heavy price. If the Senate does especially when Nevadans are too often prive, for example, widows and sur- not agree to my amendment, the gov- the victims of this kind of crime. viving children of needed Social Secu- ernment will be saying: We reward the Mr. President, I will close now by rity benefits, even if the widows and criminal and want to continue to pun- making one additional observation. children are U.S. born. We will have ish the victim. Under current law, it is a felony to circumstances where the children are We will also be inviting future fraud. steal and use somebody’s Social Secu- American citizens. The widows might How, you might ask? If my amendment rity number. Under this bill, we are be American citizens.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.021 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4742 CONGRESSIONAL RECORD — SENATE May 18, 2006 Now, let’s say this individual regu- tration on a timely basis. Those dollars izen. I am paying my fine. I paid my larizes their position and has paid into are sitting in an account at the Social back taxes. My sons have joined the Social Security. If that person dies, Security Administration today. Social military serving in Afghanistan. We their survivors would be eligible for Security has a record of receiving these are going to church every single week. survivor benefits, but not under the payments. There is no dispute about And I am paying into Social Security. Ensign amendment. It is interesting, that. I wait 11 years, and I finally become a some 85 percent of immigrant-headed The issue raised by this amendment citizen. Under the Ensign amendment, households include at least one U.S. is whether these workers should be no, no, you are not going to receive citizen. Under the Ensign proposal, cit- given credit in Social Security for the any of that. You are not going to re- izen children may not be eligible for hard-earned dollars they paid into the ceive a cent of that. survivor benefits if their parents had system. Shouldn’t the payroll tax pay- So we are all for Social Security es- gained legal status or even citizenship ments they made count toward deter- tablishing whatever requirements are but die before they gained the 40 hours mining the level of retirement benefits necessary to ensure the integrity of the of coverage. and disability benefits they have fund and the accuracy of the work ef- The Ensign amendment effectively earned when they reach retirement age fort by individuals. But I think the would deprive the immigrants who or become disabled? only reason for the Ensign amendment have become legal residents of the Now, the amount of benefits a worker is to deny the legal residents the Social right to receive Social Security credits receives depends on how many years Security benefits they have earned and for the payroll tax payments they the individual worked and how much paid for. Their money sits in the Social made on the work they performed when payroll tax he or she paid in. I believe Security Administration waiting to be they were undocumented. Some do it would be terribly wrong to arbi- matched with an eligible beneficiary. now. trarily deny these hard-working men Once those workers establish eligi- The 1986 act permitted 3 million peo- and women credit for all the payroll bility, how, in all fairness, can we deny ple—they received the amnesty. That tax dollars they paid into Social Secu- them credit for their past contribu- was amnesty. We did not move ahead rity on the wages they earned. But that tions? in terms of the enforcement against is exactly what the Ensign amendment This legislation before the Senate the undocumented afterwards. But that would do. sets out a difficult process for undocu- was amnesty. Now they are able to re- Most undocumented workers do pay mented workers seeking to become ceive the benefits today. We are going Social Security taxes. Stephen Goss, legal residents. Most of them have very to say to them, we are evidently going Social Security’s chief actuary, esti- little money. Yet the legislation will to cut you off from being able to get mates that ‘‘about three-quarters of require them to pay thousands in fines any credit because I don’t see in the other-than-legal immigrants pay pay- and fees. It would be wrong to deny Ensign amendment where they are roll taxes’’—three-quarters of them. them credit for the Social Security tax going to respect their position. The amounts paid in by them are dollars they have paid from their often It is important to focus on who would substantial. Payments into the Social meager wages. be hurt by this highly punitive pro- Security system by undocumented Once these workers are legal resi- posal. Only immigrants who have at- workers total $7 billion a year. Unfor- dents, if they become disabled, tained legal status are eligible to re- tunately, most of these workers do not shouldn’t they be entitled to receive ceive Social Security. So everyone this have genuine Social Security numbers, disability benefits based on the payroll amendment would affect will be legal so the money goes into what they call taxes they contributed to Social Secu- residents under the terms of the bill. the Social Security Administration’s rity? And if they die prematurely, leav- Many of them will even be citizens by earnings suspense file. This money is ing minor children, shouldn’t those the time they apply for Social Secu- identified by the employer who sub- children—who in many instances are rity. Those are the hard-working men mitted it but not by the individual American children—shouldn’t those and women this amendment seeks to worker it belongs to. American children be eligible to re- penalize. Each year, Social Security identifies ceive survivor benefits based on the Those are the individuals who really approximately 130,000 employers who payroll taxes they contributed to So- want to be Americans, be part of the submitted W–2s that cannot be cial Security? And when, after a life- American family. They are going to matched to a worker. So the undocu- time of hard work, they reach retire- have to pay the penalty, pay their back mented immigrants account for the ment age, shouldn’t they be able to re- taxes, abide by all of the laws, continue vast majority of the funds in the sus- ceive a retirement benefit based on all to believe in their faith. And then they pense file. The unidentified W–2s close- the years of payroll tax payments they will have the opportunity to go to the ly track their geographic distribution contributed to Social Security? end of the line. And then, in 11 years, and types of employment to that which This is not a handout. This is not they will be able to achieve citizenship. undocumented workers typically hold. welfare. Social Security is an earned They will be working during this pe- According to an analysis by the GAO, benefit. If these immigrant workers riod of time. three of the categories of business with earned it, they should receive it like They are paying into Social Security. the largest numbers of inaccurate W–2s everyone else. The Ensign amendment And, finally, when they become citi- were restaurants, construction compa- would take their hard-earned money zens—11 years from now—the Ensign nies, and farm operations. and give them nothing in return. That amendment is going to say: Well, all In order to get credit for the payroll is not the way America operates. right, you paid. You have waited your taxes he paid in when he was undocu- Allowing these workers to receive turn. You paid the penalties all the mented, a worker would have to prove the Social Security benefits they have way along. But you are not going to be how much he paid in while working for earned not only helps them, it serves able to benefit from paying into Social a particular employer and when it was the interests of the larger American Security because of identity fraud. paid. The burden of proof would be on community. They are living amongst Well, I have difficulty assuming that the worker, and the worker would only us. As I say, many of the children were all of those who have paid into Social receive credit for payments that the born here. If they cannot rely on the Security have been a part of identity Social Security Administration could Social Security benefits they have fraud. verify. earned when they become elderly or Before this bill passed, these workers Whatever rules and regulations So- disabled, on what source of support will were undocumented. But once in the cial Security established, we are for. they rely? Certainly, the people of this country, they complied with the rules They ought to be accurate. They ought great Nation would not leave them des- of the workplace and paid Social Secu- to be tough. They ought to be fair. But titute. We all benefit when the earned rity taxes on their earnings. Their pay- we are not prepared to say that every benefits of Social Security are there roll tax payments and the matching individual who paid in, who is now in for those in need. contributions of their employers were the process, over this 11 years—here, So I urge my colleagues to reject this paid to the Social Security Adminis- they are paying in. I want to be a cit- amendment.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.023 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4743 The PRESIDING OFFICER. The Sen- Currently, there are 255 million earn- (The remarks of Mr. LUGAR, Mr. ator from Pennsylvania. ing suspense files. Those are the ones SPECTER, Mr. DODD, Mr. SHUMER and Mr. SPECTER. Mr. President, may I where the Social Security number and Mr. SESSIONS pertaining to the intro- inquire as to whether we might be set the work don’t match, 255 million. Try duction of S. 2831 are located in today’s now to enter into a time agreement on to imagine how many of these are RECORD under ‘‘Statements on Intro- this amendment? going to come forward with the Social duced Bills and Joint Resolutions.’’) Mr. KENNEDY. Mr. President, I have Security Administration where people Mr. SPECTER. Mr. President, we been here on the floor since the Sen- are trying to prove something to gain have tried to move along this position ator started, and in response, I would benefits. They are going to be over- of the Ensign amendment, looking for be glad to inquire of those who are in- whelmed. What is that going to do to a time agreement. Senator SESSIONS terested. I think there are some mem- the normal processing for people who has asked for 5 minutes. If other Sen- bers of the Finance Committee who are have problems with their Social Secu- ators want to debate this amendment, interested in this amendment and want rity benefits? All of us have case work- I ask them to come to the floor. If to be heard since it deals with the Fi- ers back in our States who deal with there is no time agreement and there nance Committee jurisdiction. So I will seniors who have legitimate Social Se- are no people to debate, I will move to inquire and report back to the floor curity problems. Sometimes there are table the amendment so we can get the manager. mistakes made. We have had people bill moving. Several Senators addressed the who have actually received a letter I now yield to Senator SESSIONS. Chair. where the Social Security Administra- Mr. SESSIONS. Mr. President, re- The PRESIDING OFFICER (Mr. tion told them that they had died. It garding the Ensign amendment, I will GRAHAM). The Senator from Pennsyl- was kind of a surprise to them. But say a few things. No. 1, Social Security vania. they called us, and we were able to is a benefit this country provides to Mr. SPECTER. Mr. President, Sen- bring them back to life. We jokingly American citizens and people lawfully ator LUGAR has come to the floor and refer to these cases as Lazarus cases. It in this country. That is what it is would, jointly with me, request a few is a situation where they need speedy about, the benefit. For the most part, minutes as in morning business to in- help. If the Social Security Adminis- people get more out of it than they put troduce legislation. tration is burdened with all of these into it. That is one reason it is going Would the Senator from Nevada be millions of potential cases, it just bog- bankrupt. willing to yield for—how long do you gles the mind how people could be The people covered by Senator EN- require, I ask Senator LUGAR? against this amendment. SIGN’s amendment have done a number Mr. LUGAR. About 5 minutes. The next point I want to make is of things that are illegal. They have Mr. ENSIGN. Mr. President, I say to that the Senator from Massachusetts come into the country illegally or they the Senator, could I spend 5 minutes said that this illegal immigrant who is would not be here, or they would be responding to a couple things, and then now legalized or regularized, whatever legal and would be not covered by his I would be willing to yield to the Sen- term you want to put on it, cannot go amendment. They have worked in the ator for 5 minutes in morning business. to the Social Security Administration, country without authorization, and Mr. SPECTER. By all means. I will and they have to prove with docu- you are not allowed to work in this yield to Senator ENSIGN. And I ask ments. We have seen the kind of fraud- country if you are not here legally. So unanimous consent that then Senator ulent documents used in the country they have committed a second illegal LUGAR and I be recognized for 5 min- today. These documents are not that act. In the course of working in this utes each to introduce a bill. difficult to produce, to defraud. There country, they may have submitted The PRESIDING OFFICER. Without is a great incentive for them to do forged, false, stolen, or bogus Social objection, it is so ordered. that. Once again, it will be an extra Security numbers—a separate crime, if The Senator from Nevada is recog- burden on the Social Security Adminis- you examine the U.S. Code. Maybe nized. tration trying to prove or disprove they have even broken other laws. Mr. ENSIGN. Just to respond to a whether these documents are real. As Senator ENSIGN pointed out, so couple of things the Senator from Mas- The last point I want to make, the many of these numbers are other peo- sachusetts talked about, that section Senator said the people they are regu- ple’s numbers, seizing their identity 614 and a provision in section 601 in larizing in this bill have to pay a fine. and causing all kinds of confusion and this legislation on page 395 would en- They have to pay back taxes. We have disruption in their lives. sure that aliens who received legal sta- heard that over and over again: They Under the language of the bill, not tus, amnesty, whatever you want to have to pay back income taxes. They only do they get protection from pros- call it, cannot be prosecuted for docu- don’t have to pay back Social Security ecution for violation of these laws, ment fraud. He said they weren’t re- taxes, the FICA taxes they didn’t pay, they would be given the benefits of So- ceiving amnesty. If there was a felony only the income taxes. So let’s be com- cial Security. Although he clearly they were committing, and now they pletely open and honest about what makes—properly so—an exemption for can’t be prosecuted, that sounds like this bill does and about what my those who came into the country le- amnesty to me. amendment seeks to correct. gally under a visa, got a legal Social When we are considering this amend- A couple other points he brought up: Security number but overstayed, at ment, we absolutely must consider Legal aliens who were here and who least they had a legitimate Social Se- what it is going to do to the Social Se- overstayed their visas have a legal So- curity number. curity Administration, what it is going cial Security number. They are paying Mr. President, I had an opportunity, to do to the trust fund and, mostly, into the system with a legal Social Se- for strange reasons, in my career as a what it is going to do to the victims. curity number. Even though they are prosecutor and as a private lawyer to Rewarding illegal behavior while we here illegally, they would still be able deal with contracts based on illegality. are not taking care of the victims in to collect benefits. I had a situation in which a client—a the United States fundamentally is un- Another point I want to address that young man—was sued by a home build- fair. the Senator from Massachusetts I yield the floor. er on the note that he signed to the brought up concerned the Social Secu- The PRESIDING OFFICER. The Sen- home builder. The reason he signed rity Administration. These illegal ator from Pennsylvania. that note was the home builder loaned workers would come to them and peti- Mr. SPECTER. I ask unanimous con- him the downpayment to buy a house. tion for the benefits, and they would sent that 5 minutes be allotted to Sen- The mortgage and the Federal act re- have to prove that they actually ator DODD after Senator LUGAR and I quired that the deposit or downpay- worked where they worked, they paid speak. ment be your own money or you could in the taxes, and things like that. Let’s The PRESIDING OFFICER. Without not fund it by a mortgage. The builder try to think about the burden that this objection, it is so ordered. was in on the deal. He was there at the would place on the Social Security Ad- The Senator from Indiana is recog- closing of the loan. He got the big ministration itself. nized. check, so when it came to suing on

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.024 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4744 CONGRESSIONAL RECORD — SENATE May 18, 2006 that note, I defended the client and Sometimes you have to make deci- Mr. MCCAIN. As soon as I finish my said the court had no jurisdiction over sions. Somebody who came here ille- statement, I will be glad to yield to my the case. There is a principle of law—in gally and worked illegally and sub- friend from Nevada. our English American tradition— mitted an illegal Social Security num- I point out to my colleagues a recent founded on fraud, stating that a con- ber is not entitled to draw on the Los Angeles Times article that indi- tract founded on illegality cannot be Treasury of the United States. I thank cates tens of thousands of undocu- enforced in court. the chairman and I yield the floor. mented immigrants are already lining So that person who comes into our Mr. SPECTER. Mr. President, Sen- up to pay current and back taxes. They country illegally and submits a false ator MCCAIN is asking for some time. It want to do that because they want to Social Security number has no legal is my hope that we can move ahead play by the rules. So we are going to right to expect to ever collect on that with either a time agreement or a vote tell them there is one set of rules for amount. Also, in addition to legally on the Ensign amendment, but now I them to pay their back taxes, but the not having a right to that, they have yield to Senator MCCAIN. taxes they have already paid they will no moral right to that. To have a The PRESIDING OFFICER. The Sen- receive no benefits for. moral right to come to court, you ator from Arizona is recognized. What about the fiscal consequences ought to have clean hands. You should Mr. MCCAIN. Mr. President, I rise in of the amendment? I submit that if So- be a person that is legitimately here strong opposition to the Ensign amend- cial Security is not available in the fu- and then you can make a legitimate ment. Under current law, undocu- ture for immigrants, that when they claim. I see no reason these persons mented immigrants are ineligible for retire or become disabled, then State who come here in order to work and, as Social Security benefits which I think and local governments and potentially a cost of doing business, accept and is entirely appropriate. But we all the Federal Government will be forced sign up for Social Security without any know that millions of undocumented to absorb significant costs as the Fed- expectation whatsoever that they immigrants pay Social Security and eral Government has refused to provide would ever draw those Social Security Medicare taxes for years and some- services and supports paid for by tax benefits, should now be awarded by this times decades while they work to con- dollars of millions of legal immigrants. legislation that would allow them to tribute to our economy. This amendment would simply con- get it. They would say they paid into According to Stephen Goss, the So- tinue this trend. it, so they are entitled to it. Not so, in cial Security Administration’s chief The Senator from Nevada has argued my opinion. actuary, three-quarters of illegal im- that his amendment is about com- I see how you can make this remark, migrants pay payroll taxes. These pay- bating identity theft and that the bill but I think we are too far down the ments generate approximately $8.5 bil- road of an entitlement mentality. This before us says identity theft is OK. lion in Social Security and Medicare whole bill contemplates people having That is inaccurate. I don’t know one taxes each year. In fact, according to a an entitlement to come to America, to Member of the Senate who would say: I 2005 New York Times article, the So- bring in their parents and children, and support identity theft. Not one. In fact, cial Security Administration records they are entitled to have them ulti- the Senate Commerce Committee has these payments in a so-called earnings mately be on Medicare and go to hos- been working to approve legislation, suspense file, which grew by $189 bil- pitals and be treated, even though they which I have cosponsored, to combat lion in the 1990s and continues to grow are not properly here. this egregious crime. We need to clarify our thinking. We by over $50 billion each year, gener- Identity theft is a serious issue. In are a great nation, a nation of laws. ating up to $7 billion in Social Security fact, the highest rate of identity theft Let’s think this through. That is all I tax revenue and about $1.5 billion in occurs in the State of Arizona. It hap- am saying. I submit to my colleagues Medicare taxes. According to the arti- pened to me and my wife. But this im- that the process by which an immi- cle, most of these payments come from migration bill isn’t drafted to com- grant who comes here illegally, works illegal immigrants. prehensively address identity theft, illegally, and illegally submits a false, The Ensign amendment would under- and the amendment before us isn’t bogus, fraudulent Social Security num- mine the work of these people by pre- going to do a thing to fix this problem. ber as a price to get the job and be venting lawfully present immigrant Maybe we should add the Commerce paid, that is no entitlement to claim workers from claiming Social Security Committee legislation to the bill. I as- that money—not legally because it is benefits that they earned before they sume other Members may not be agree- founded on a false claim and a false were authorized to work in our coun- able to doing that, but I stand ready to premise, and not morally because they try. If this amendment is enacted, the work with the Senator from Nevada, knew they weren’t entitled to it when nest egg that these immigrants have and I suspect the Senator from Massa- they came. They knew they were here worked hard for would be taken from chusetts would be willing to join us in illegally and they never expected to re- them and their families. pushing legislation to combat identity ceive it. It pains me to disagree with my good theft in a meaningful, comprehensive I think the Senator from Nevada has friend from Nevada on this matter, but way. proposed an amendment that is impor- I believe the amendment is wrong. It is Now I will be glad to respond to any tant. It asks us to think, for a change, fundamentally unfair to collect taxes question the Senator from Nevada in this body about what it is going to from these workers and then disqualify might have. I understand the patience do, and what it will do to our Nation’s the taxes paid once the workers of our manager is somewhat limited. bottom line and with regard to the achieve legal taxes. I believe instead of Please go ahead. message we send regarding whether we supporting the amendment, we should Mr. SPECTER. Mr. President, we will are serious that people should follow stand for the principle that people who hear from Senator ENSIGN in a moment the law. worked and paid into the Social Secu- on his amendment. If there are no We need to quit rewarding unlawful rity system for years should be able to other speakers desiring recognition to conduct. Unlawful conduct should have depend on their retirement income to speak on this amendment, at the con- penalties and should result in det- which they contributed. clusion of Senator ENSIGN’s comments, riments, not benefits. That is what we The amendment compounds the un- I intend to move to table. are saying. If we don’t get that straight fairness by ignoring the underlying leg- Mr. DODD. Mr. President, I ask my in this debate, whatever new laws we islation that already calls for payment colleague for a couple minutes, if I pass about immigration, whatever new of all back taxes and a $2,000 fine. So may. policies we set, how much of a joke will what we are asking the immigrants to Mr. SPECTER. To speak on the they be? Will they be the same joke, do is pay all back taxes and, at the amendment? the same mockery of law that we have same time, forgo the taxes they al- Mr. DODD. In relation to matters be- had for 20 years since the last amnesty ready paid into the Social Security fore us on this bill. we issued? That is what the American trust fund. It is fundamentally unfair. Mr. SPECTER. How much time does people are asking us to do. Let’s create Mr. ENSIGN. Mr. President, will the the Senator desire? a system that actually works. Senator yield? Mr. DODD. Four minutes.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.026 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4745 Mr. SPECTER. I agree. I yield to of the impact of the victim. I have re- Our Social Security trust fund is al- Senator ENSIGN for some comments viewed case after case related to iden- ready in trouble. We all know that. and then to Senator DODD, and if no tity theft and Social Security fraud. This will further put the Social Secu- other speakers appear, I am going to These cases are occurring all over the rity trust fund in trouble. The costs move to table. United States. In every case, in every could be potentially huge. We don’t Mr. ENSIGN. Mr. President, I wish to State, where someone’s Social Security even know that in this bill. That is ask my friend from Arizona a couple of number was stolen by an illegal immi- why I think we should adopt this questions about the bill and about my grant to use to find work, the victim’s amendment. amendment in particular. The bill does credit history is destroyed. Sometimes The PRESIDING OFFICER. The Sen- not require that the people whose sta- their work history is too. Earlier I ator from Arizona. tus is adjusted pay all back taxes. The talked about Caleb, a gentleman in Ne- Mr. MCCAIN. Mr. President, very bill only requires that people pay any vada. The illegal immigrant who used briefly, of course, they didn’t expect to back income taxes. There is no men- Caleb’s Social Security number was receive benefits they had to pay into tion of FICA taxes in the bill. Is the not trying to harm that person but he the system because they were here ille- Senator aware of that distinction? did. Caleb applied for unemployment gally. The whole thrust of this legisla- Mr. MCCAIN. The Senator is aware of but couldn’t get it because the agency tion is to give them not only Social Se- that. When their employer pays them, said he was working when, in fact, he curity benefits but, as importantly, the the taxes are withheld. wasn’t. He lives in Reno. They said he protections under the law, as they now Mr. ENSIGN. First, if the alien is was working in Las Vegas. It was an il- live in the shadows and are exploited self-employed, that is not correct. Re- legal immigrant using his Social Secu- and mistreated in many cases. Of member, the employer pays half and rity number in Las Vegas. course, they didn’t expect to. That is sends in those funds. I never said this amendment is going why we are going through this process Mr. MCCAIN. As is true of anyone to prevent identity theft. What I have of letting them earn citizenship. else who works in the United States. said is that it is not right for somebody The amendment of the Senator from Mr. ENSIGN. That is correct. But the to steal somebody else’s identity— Nevada will let you earn citizenship, bottom line is if they owe back FICA granted for the noble purpose of get- but what you have paid into a system, taxes under this bill, they do not have ting a job—and reward the theft by giv- you will not only not receive the bene- to pay those back taxes. ing work credit that counts towards fits but on top of that is a $2,000 fine. Mr. MCCAIN. The intent of the Social Security. We should consider This is not about administrative amendment is that they must pay and the victims who are forced to deal with costs. The fact is that each year the the legislation—I will be glad to the terrible consequences of the crime. Social Security trust fund continues to state—must pay all backs taxes, a-l-l. I will make two other points. The grow by $50 billion, generating up to $7 Mr. ENSIGN. I have another question chairman of the Finance Committee billion in Social Security tax revenue for my friend from Arizona. Is he aware supports this amendment. One of the and about $1.5 billion in Medicare that it is a felony to use someone’s So- reasons the chairman of the Finance taxes. So as to the Senator’s argument cial Security number? Committee supports this amendment is that this could cost money administra- Mr. MCCAIN. I am aware of that. because the Social Security Adminis- tively—yes. But the fact is that when Mr. ENSIGN. Under this legislation, tration will not be able to make deter- these people came here, of course, they we forgive that felony. We grant am- minations with respect to the earnings accepted—because they came here ille- nesty for that felony. suspense files that the Senator from gally and broke our laws—of course, Mr. MCCAIN. Under this legislation, Arizona referenced. As of 2003, there they accepted the fact that they prob- we allow the illegal immigrants a path were 255 million instances where the ably wouldn’t get Social Security or to citizenship which, if they are con- social security number did not match Medicare or protection of our laws victed of felonies or misdemeanors, ac- the name given the employer. This bill against exploitation and mistreatment cording to an amendment, then they will legalize those who are in the work- and all of the protections that citizens would be ineligible to embark on that force today—the 7 million or so in the have. We are trying to give them a path to earn citizenship. workforce out of the 12 million who are path to earn that. Yet under the Sen- Mr. ENSIGN. Right. But, Mr. Presi- in the country. The effect of this am- ator’s amendment, they would be ineli- dent, in Sections 601 and 614 of the leg- nesty over the next 10 years, will re- gible for the same benefit of citizenship islation, it actually ensures that aliens quire the Social Security Administra- which we, under this legislation, are who receive legal status cannot be tion to hire nearly an additional 2,000 trying to make them earn. prosecuted for document fraud, includ- employees to handle the cases of people I apologize to the Senator from Penn- ing the false use of Social Security who worked illegally, received amnesty sylvania for taking additional time, numbers. Is the Senator aware of that? under this bill, and are now applying and I understand the pressing time Mr. MCCAIN. The Senator is aware for this benefit. A benefit they earned issue. that when people come here illegally, illegally. I yield the floor. obviously, they do not have citizen- Point No. 2 is, it is going to cost $1.7 Mr. SPECTER. Mr. President, Sen- ship, so, therefore, any Social Security billion in administrative costs—$1.7 ator DODD is next in line to speak for 4 number they use, whether it belongs to billion in administrative costs. It does minutes, as agreed. someone else or is entirely invented, is not include any future costs in benefits Mr. DODD. Mr. President, I thank not valid. But I also know, if I can that the United States will have to the chairman very much. I just want to complete my answer to my friend, pay. Some may say that the immi- make some brief comments, if I may, their taxes, part of their earnings are grants will have earned the benefit. not about the matter of this amend- going into the Social Security fund, But the Senate does not even know ment right before us, but about a vote and that is a fact that it is theirs and what amnesty will cost. The cost esti- that occurred yesterday regarding the their employers. mates for these policies are not known. construction of the fence along the Mr. ENSIGN. Mr. President, I agree My amendment is absolutely the right southern border. I was 1 of 16 people with the Senator from Arizona that thing to do. Illegal immigrants did not who voted against that amendment, many people are paying into the sys- expect to ever receive this benefit. and I wanted to take a minute or so to tem. They paid into the system with no They were using somebody’s Social Se- explain my concerns. expectation of getting social security’s curity number or a made up one. They Primarily, my concern is because the benefit because they didn’t know we did so to get a job. I can appreciate decision to place this fence down here would be enacting a bill like this. They that. I appreciate somebody trying to without any other additional consulta- paid into the system simply because come to this country to better them- tion with local communities in the that was the price to pay to get a job selves. I don’t believe we should reward United States or with our neighbors to in the United States. The immigrant the conduct of identity theft by giving the south is something that worries knew they were using an illegal Social people the right to claim the work his- me. There are implications of that. I Security number but without regards tory for purposes of Social Security. firmly believe that any discussion

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.028 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4746 CONGRESSIONAL RECORD — SENATE May 18, 2006 about immigration policy must begin at an appropriate time, we could try to the law they are not only working hard with border security. If there is a fail- craft some language that would at and contributing to the Social Security ure to do that, I don’t think you have least encourage the kind of cooperation Trust Fund, but also working hard to much of an audience. we are going to have to have if we are achieve legal status and earned citizen- My concern is if we unilaterally do going to succeed with the kind of bor- ship. Hard work is rewarded in the this without seeking the cooperation of der security issues that are included in country, not penalized. Following the the communities involved and the Na- the bill. law and advancing on the path toward tion next to us that we are dealing I thank the chairman of the com- earned citizenship should be encour- with primarily on this issue, we may mittee for giving me a few minutes to aged, not punished. have absolutely the opposite effect. In explain my concerns. For example, the children of an un- fact, there are implications of this de- Mr. SPECTER. Mr. President, I be- documented worker who has worked cision. So at some point, in consulta- lieve there are no other speakers on for 20 years and who has paid into the tion with the managers of this bill, I the other side. I heard there would be system would be denied all Social Se- may offer an amendment that would no objection to a motion to table, not curity benefits if their parent dies be- require some consultation with the that I need permission to move to fore becoming a legal resident or cit- U.S. communities involved, as well as table. We have the Inhofe amendment izen. Even though the children are citi- with the Mexican Government, so that pending. I very much want to get a zens, they would be denied the benefit we are not unilaterally placing a fence vote on the Inhofe amendment this their parent worked many years and here. afternoon. So we can either come to a contributed to earn. Not only is this Believe me when I tell you this. I time agreement to finish debate or if unfair, but it risks encouraging others have spent a lot of time in this region, there are side-by-sides that have been in similar situations to stay in the as my colleagues know. There will be prepared so that we could move ahead shadows and not to pay into the Social political implications. There is a na- there. Security Trust Fund. This will also tional election in Mexico in about 6 Mr. LEAHY. Mr. President, would the have the effect of shifting burdens to weeks, and I will guarantee this issue Senator withhold? the States and local communities and will be a major issue in that debate. Mr. SPECTER. I would. away from the Social Security safety And who wins those elections will have Mr. LEAHY. Mr. President, the net. I am confident that Vermonters a huge implication in terms of how President said: Every human being has and all Americans understand fairness. much cooperation we get on dealing dignity and value, no matter what They understand respecting other peo- with immigration policy. My colleague their citizenship papers say. I believe ple and respecting their contributions from Texas, Senator CORNYN, and I this amendment is antithetical to that in terms of work and Social Security spent a weekend with our colleagues sentiment. payments. They will not want to steal from Mexico about 4 months ago. To Senator ENSIGN has proposed an those contributions and benefits and their credit, the Mexican Congress, amendment antithetical to the senti- deny fairness to lawful immigrants and along with all five Presidential can- ments that the President expressed, their families. didates, adopted unanimously in their and which most Americans share. They also understand that if the Re- legislation provisions regarding immi- Americans understand that for years publican-controlled Senate is prepared gration policies. At the very top of there are undocumented workers who to take these Social Security funds those lists were border security issues. have tried to follow our laws and be today, the risk increases that their So- That had never happened before, Mr. good neighbors and good citizens, and cial Security funds could be targeted President. It was a major change in have paid into the Social Security tomorrow. After all, the Social Secu- how Mexico is looking at immigration Trust Fund. Many do not yet have So- rity Trust Fund is already being used policy. cial Security numbers but they and to mask the deficit. As it becomes My hope is, as we talk about matters their American employers have paid in harder and harder to pay for tax breaks we think are important for securing their contributions. Once that person for millionaires and rising gas prices our borders, we will do so in consulta- regularizes his or her status, and as and lucrative Government contracts, tion with our neighbors. I am not sug- they proceed down the path to earned some will be tempted to use money di- gesting we give them veto power, but if citizenship, they should have the ben- verted from the Social Security Trust you are going to put up a fence of some efit after having followed the law and Fund. The President has already pro- 3 to 1,000 miles long, first of all, there made those contributions. Americans posed draining the Crime Victims is a question of whether that will work, understand fairness. That is fairness. Trust Fund. We should maintain these but I guarantee you it will not work if We should not steal their funds or trust funds for the purposes for which we don’t have the cooperation of the empty their Social Security accounts. Congress created them and keep them very government we are seeking co- That is not fair. It does not reward safe. We should respect the contribu- tions that people make to these trust operation from, if we impose this fence their hard work or their financial con- funds and not look for excuses to start without dealing with them, talking tributions. It violates the trust that denying legal residents and citizens the with them, asking their advice, work- underlies the Social Security Trust benefits they have been promised. Fund. ing with them. That is true among Let us not take a giant misstep that Senator ENSIGN proposes to change neighbors in communities as well as we will surely regret. If we are going to existing law to prohibit an individual nations that are neighbors. encourage and support a path to citi- So my hope is we can draft some lan- from gaining the benefit of any con- zenship for many people under this bill, guage that would be endorsed and sup- tributions made while the individual we must do so in a way that ensures ported unanimously. It would certainly was in an undocumented status. I op- independence and security once that then cause me to have a very different pose this amendment and believe it is journey is completed. attitude about the vote yesterday. But wrong. Mr. SPECTER. Mr. President, I move I caution my colleagues. I know the Under current law, immigrants who to table the Ensign amendment, and I frustration levels. I understand the have paid Social Security while in an ask for the yeas and nays. frustration of the communities along undocumented status may gain the The PRESIDING OFFICER. Is there a these border areas, but we are not benefit of all of their contributions sufficient second? There appears to be going to succeed with this policy if we once they gain legal status and become a sufficient second. don’t have a neighbor to the south that eligible to collect Social Security ben- The question is on agreeing to the is going to work with us. efits. They paid in and they should be motion. So while it is frustrating, and cer- entitled to the benefits they have The clerk will call the roll. tainly Mexico has not been as coopera- earned. The whole purpose of the path The assistant legislative clerk called tive as they should have been over the to citizenship program in the bill is to the roll. years, I think that has changed and we encourage people to become lawful, Mr. DURBIN. I announce that the ought to encourage that change rather productive citizens. Penalizing these Senator from West Virginia (Mr. than take a step backwards. So again, people is unfair, especially since under ROCKEFELLER) is necessarily absent.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.030 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4747 The PRESIDING OFFICER. Are there Mr. SPECTER. That is correct. (Purpose: To grant the children of Filipino any other Senators in the Chamber de- Mr. KENNEDY. Senator AKAKA World War II veterans special immigrant siring to vote? would like 25 minutes. status for purposes of family reunification) The result was announced—yeas 50, Mr. SPECTER. Mr. President, we will On page 345, between lines 5 and 6, insert the following: nays 49, as follows: take half an hour for Senator AKAKA’s [Rollcall Vote No. 130 Leg.] SEC. 509. CHILDREN OF FILIPINO WORLD WAR II amendment. We will give him 25 min- VETERANS. YEAS—50 utes of that time. Senator KENNEDY Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as Akaka Graham McCain and I will take the remaining 5 min- amended by sections 505 and 508, is further Baucus Hagel Menendez utes to accept it. amended by adding at the end the following: Bayh Harkin Mikulski ‘‘(J) Aliens who are eligible for a visa Biden Inouye Murray Mr. INHOFE. Reserving the right to under paragraph (1) or (3) of section 203(a) Bingaman Jeffords Obama object. and are the children of a citizen of the Boxer Johnson Pryor The PRESIDING OFFICER. The Brownback Kennedy United States who was naturalized pursuant Reed Chair notes that under all the time al- Cantwell Kerry Reid to section 405 of the Immigration Act of 1990 Carper Kohl located, as outlined, the time goes be- Salazar (8 U.S.C. 1440 note).’’. Chafee Landrieu Sarbanes yond 2:40 before proceeding to the Clinton Lautenberg Mr. AKAKA. Mr. President, I ask Schumer Inhofe amendment. The time would go DeWine Leahy that Senators MURRAY and CANTWELL Specter to approximately 2:45. Dodd Levin be added as cosponsors to my amend- Dorgan Lieberman Stabenow Mr. KENNEDY. If I could suggest, Stevens ment. Durbin Lincoln why don’t we vote at 4:15. That gives 45 Feingold Lugar Voinovich The PRESIDING OFFICER. Without Feinstein Martinez Wyden minutes to Vitter. objection, it is so ordered. NAYS—49 The PRESIDING OFFICER. The Mr. AKAKA. Mr. President, it has chair will clarify or summarize the Alexander Crapo Murkowski long been evident that our immigra- Allard Dayton Nelson (FL) unanimous consent: The proposed tion system needs reform. The debate Allen DeMint Nelson (NE) unanimous consent agreement would on immigration has been a long time in Bennett Dole Roberts move the Senate to the Akaka amend- coming, and I am pleased that this Bond Domenici Santorum ment first, with half an hour total, 25 Bunning Ensign Sessions body is moving forward on this impor- minutes to Senator AKAKA, and 5 min- Burns Enzi Shelby tant topic in such a comprehensive Burr Frist Smith utes to split between the floor man- fashion. For our work on immigration Byrd Grassley Snowe agers of the debate. Next is the Vitter Chambliss Gregg to be truly comprehensive, however, we Sununu Coburn Hatch amendment, with a total of 45 minutes must address those issues that have re- Talent Cochran Hutchison equally divided. Then we proceed from ceived less attention in the debate as Coleman Inhofe Thomas 2:45 to 4:15 to the Inhofe amendment, Thune well as the front page issues. Collins Isakson with a possibility of a Democratic side- Conrad Kyl Vitter My amendment is regarding one of Cornyn Lott Warner by-side amendment. those issues that has not received wide- Craig McConnell Is that the summary of the unani- spread attention but is of great impor- NOT VOTING—1 mous consent proposal? tance. As a World War II veteran, this Rockefeller Mr. SPECTER. I ask consent for amendment is important to me person- The motion was agreed to. that. ally, to Filipino-Americans, and to vet- Mrs. BOXER. Mr. President, I move Mr. INHOFE. I object. erans. My amendment would grant the to reconsider the vote. Mr. SPECTER. Without any second children of Filipino World War II vet- Mr. DURBIN. I move to lay that mo- degrees to Vitter and Akaka. erans special immigrant status for the tion on the table. The PRESIDING OFFICER. The pro- purpose of family reunification. Mak- The motion to lay on the table was posal would exclude second-degree ing this small change to our nation’s agreed to. amendments. immigration policy would go a long Mr. MENENDEZ. Mr. President, I Mr. INHOFE. And for clarification, way toward making our immigration suggest the absence of a quorum. there would be a vote on the Inhofe laws more just, and I am hopeful that The PRESIDING OFFICER. The amendment at 4:15; is that correct? my colleagues on both sides of the aisle clerk will call the roll. Mr. SPECTER. That is correct. will join me in supporting this amend- The legislative clerk proceeded to The PRESIDING OFFICER. Without ment. call the roll. objection, it is so ordered. Before I begin a discussion on the Mr. SPECTER. Mr. President, I ask specifics of my amendment, I would unanimous consent that the order for Mr. SPECTER. Mr. President, I fur- ther ask consent that following the se- first like to thank my dear friend and the quorum call be rescinded. colleague, the senior Senator from Ha- The PRESIDING OFFICER. Without quencing already discussed, we take up waii, DANIEL INOUYE, for cosponsoring objection, it is so ordered. an amendment from the Senator from Mr. SPECTER. Mr. President, we New York, Mrs. CLINTON. this amendment. In the 101st Congress, have come to an agreement on se- The PRESIDING OFFICER. Without Senator INOUYE authored section 405 of quence. objection, it is so ordered. the Immigration Act of 1990, which pro- I ask unanimous consent we proceed Under the unanimous consent agree- vided for the naturalization of Filipino next to Senator AKAKA; thereafter, we ment, the Senator from Hawaii is rec- World War II veterans. Senator INOUYE proceed to Senator VITTER under a ognized for 25 minutes. has a long history of being involved in this important effort and it is an honor time agreement for 45 minutes; and the AMENDMENT NO. 4029 to have his support on my amendment time from 2:40 to 4 o’clock be set aside Mr. AKAKA. Mr. President, I call up today. In addition, Representative ED for the Inhofe amendment, where the amendment 4029 to S. 2611 and ask for expectation is there will be side-by-side CASE has introduced a similar bill, H.R. its immediate consideration. 901, in the House of Representatives. amendments, side-by-side for the The PRESIDING OFFICER. The Inhofe amendment, until 4 o’clock. To understand the significance of clerk will report. Mr. KENNEDY. Mr. President, if the this amendment, it is important to Senator will yield, if there is offered The legislative clerk read as follows: first provide some background about side-by-side, that would be voted on The Senator from Hawaii [Mr. AKAKA], for the historical circumstances that got after the Inhofe amendment at 4 himself and Mr. INOUYE, proposes an amend- us where we are today. o’clock. So there is an hour and a half ment numbered 4029. On the basis of 1934 legislation en- allocated time for debate on the Inhofe Mr. AKAKA. Mr. President, I ask acted prior to Philippine independence, amendment, and as I understand, there unanimous consent the reading of the President Franklin Delano Roosevelt would be approximately 45 minutes amendment be dispensed with. issued a 1941 executive order. Through evenly divided. The PRESIDING OFFICER. Without this order, President Roosevelt invoked I thought Senator AKAKA’s amend- objection, it is so ordered. his authority to ‘‘call and order into ment was agreeable or acceptable. The amendment is as follows: the service of the Armed Forces of the

VerDate Aug 31 2005 05:47 May 19, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.006 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4748 CONGRESSIONAL RECORD — SENATE May 18, 2006 United States, . . . all of the organized According to the former Immigration our World War II Filipino veterans, military forces of the Government of and Naturalization Service, about there are still many important ways the Commonwealth of the Philippines.’’ 15,000 Filipino veterans live in the U.S. that families enrich the lives of vet- This order drafted over 200,000 Filipino and became citizens between 1991 and erans after the initial readjustment citizens into the United States mili- 1995 under the authority of the Immi- phase. Being surrounded by the love tary. Under the command of General gration Act of 1990. Between that time, and care of family, especially for World Douglas MacArthur, Filipino soldiers about 11,000 veterans who live in the War II veterans facing their twilight fought alongside American soldiers in Philippines were successfully natural- years, offers a special source of sup- the defense of our country. ized. These thousands of Filipino vet- port. Throughout the course of World War erans clearly wished to spend their Action on this issue is long overdue, II, these Filipino soldiers proved them- golden years in the United States, and and it would be very meaningful for the selves to be courageous and honorable I am pleased that the 1990 Immigration Senate to pass my amendment during as they helped the United States fulfill reform efforts offered them the oppor- debate on the immigration bill. As you its mission. There was no question tunity to do so. may know, Filipino Americans are when they were fighting that they Unfortunately, the offer did not ex- celebrating their centennial this year. would be treated the same as American tend to the adult sons and daughters of Late last year, the Senate accepted by troops. For example, Filipino soldiers these veterans. As a result, the brave UC S. Res. 333, a resolution to recog- fought side-by-side with American sol- Filipino veterans who fought on behalf nize the centennial of sustained immi- diers in the Battle of Bataan and the of America, and who now live in Amer- gration from the Philippines to the Battle of Corregidor. When Bataan fell ica and continue to contribute to United States, and acknowledge the and the Bataan Death March began, America, must do so alone. Due to a contributions of the Filipino-American Filipino soldiers were forced to march backlog in the issuing of visas, many of community to our country over the more than a hundred kilometers from the children of these veterans have last century. Bataan to Tarlac along with their waited more than 20 years before they The Filipino-American community American comrades. Filipino soldiers were able to obtain an immigrant visa. has grown and thrived over the last faced hardships in concentration Unfortunately, many more are still hundred years. Today, Filipino-Ameri- camps, and they endured 4 years of oc- waiting. cans are the third largest ethnic group cupation by the Japanese. In every It is no secret that U.S. Citizenship in the State of Hawaii and represent sense, Filipino soldiers proved their al- and Immigration Services in the De- one of the fastest growing immigration legiance to our country through thick partment of Homeland Security is fac- groups in the country. Filipinos have and thin. ing significant backlogs. However, it is made contributions to every segment These Filipino soldiers are war he- not as widely known that prospective of our community, ranging from poli- roes, and they deserve to be honored as family-sponsored immigrants from the tics and sports, to medicine, the mili- such. They served active duty service Philippines have the most substantial tary and business. One of the foremost on behalf of the U.S. military, which waiting times in the world before a issues for Filipino Americans is our should qualify them for the same bene- visa is scheduled to become available Nation’s commitment to Filipino vet- fits as other veterans of active duty. to them. What this means, is that erans, and passing my amendment Congress betrayed these veterans by these honorable Filipino veterans who would be a significant way to honor enacting the First Supplemental Sur- faced numerous dangers to defend this Filipino veterans during a historic year plus Appropriation Rescission Act in Nation now face the prospect of spend- for the Filipino American community. 1946, which included a rider that condi- ing the last years of their lives without Over the years, I have listened to the tioned an appropriation of $200 million, the comfort and care of their families. stories of countless Filipino World War for the benefit of the postwar Phil- It is a shameful disgrace that the II veterans who have been separated ippine Army, on the basis that service sons and daughters of these brave sol- from their families and who are pa- in the Commonwealth Army should not diers are now last in line to become tiently waiting in line. Every veteran be deemed to have been service in the citizens of our country. This is no way has a unique story to tell, but those Armed Forces of the United States. to honor Filipino soldiers who bravely Commonwealth Army members were fought on the front lines with Amer- Filipino World War II veterans who those called into the service of the U.S. ican soldiers during World War II. have not yet been reunited with their Armed Forces for the Far East. These As a World War II veteran myself, I family members share a universal bond members served between July 26, 1941, am proud to have answered my na- of heartache. and June 30, 1946. Similarly, Congress tion’s call to active duty. During my Another important commonality enacted the Second Supplemental Sur- time of active service, I was driven by among Filipino World War II veterans plus Appropriation Rescission Act, a love for my country, and I was com- is hope. Those Filipino World War II which provided that service in the New forted by the love of my family. The veterans still separated from their Philippine Scouts was not deemed serv- support that a soldier’s family offers families are hopeful that we will use ice in the U.S. military. during military service is an invalu- this opportunity to rectify the unjust New Philippine Scouts were Filipino able buoy to a soldier’s spirit. oversight in current law. The poignant citizens who served with the U.S. A family’s role in caring and sup- truth behind this matter is that if we Armed Forces with the consent of the porting for a soldier becomes even don’t act now, we may not have an- Philippine Government. They served more important after active military other opportunity. between October 6, 1945, and June 30, service is completed. I was lucky to be This weekend I am participating in 1947. surrounded by my family after my the first annual ‘‘A Time of Remem- This generation of veterans is pre- service. My heart goes out to those brance’’ event, which honors the fami- dominantly in their eighties. Of the who were separated from their family lies of the American fallen. Family 200,000 Filipino veterans that served in for years and years due to bureaucratic members from all 50 States will come WWII, there are close to 49,000 left. backlogs. to the National Mall at noon this Sun- Some of these veterans receive U.S. As the ranking member on the U.S. day, May 21, 2006, to recognize the im- benefits, some do not. By 2010, it is es- Senate Committee on Veterans’ Af- portant contributions our fallen heroes timated that the population will have fairs, I have seen firsthand the difficul- have made on behalf of America. I am dwindled to 20,000. ties that veterans can face when read- proud to take part in this event, which With the passage of the Immigration justing to civilian life after serving in points out the very real ways that fam- Act of 1990, the courage of the many a war. For many veterans, the dif- ilies are impacted when soldiers coura- Filipino soldiers who fought alongside ficulty of returning to a home that has geously leave their family and fight to our troops during World War II was fi- changed while at war is eased by being defend freedom. For those World War II nally recognized by our Government, surrounded by the familiar faces of veterans who are still with us, this and Filipino veterans were offered the loved ones. While that window of op- event points to the importance of hon- opportunity to obtain U.S. citizenship. portunity has unfortunately passed for oring them now, before it is too late.

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.037 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4749 Let us prove those wrong who say leagues to win priority issuance of immi- Congress, in March of 1942, amended that we are waiting until enough vet- grant visas to sons and daughters of Filipino the Nationality Act of 1940, and grant- erans die before we right this injustice. American WWII veterans. ed Filipino veterans the privilege of be- We hope and pray your legislation will be These veterans have been waiting for 60 passed into law. coming United States citizens. The law years to have their benefits reinstated. Very sincerely yours, expired on December 31, 1946. However, Unfortunately, our efforts to provide ERIC LACHICA, many Filipino veterans were denied the them with the benefits they were Executive Director, opportunity to apply for naturalization promised, the benefits they fought for, Mr. AKAKA. My amendment has re- under this act because of an executive have been unsuccessful because oppo- ceived a letter of support from the decision to remove the naturalization nents have cited the payment of such Asian American Justice Center. I ask examiner from the Philippines for a 9- benefits as too costly. unanimous consent that the full text of month period. The 9-month absence of The Filipino Veterans from World the letter from the Asian American a naturalization examiner was the War II have already made extreme sac- Justice Center to be printed in the basis of numerous lawsuits filed by Fil- rifices. They should not be forced to RECORD. ipino World War II veterans. On July endure the further sacrifice of life There being no objection, the mate- 17, 1988, the U.S. Supreme Court ruled without their loved ones. It is time rial was ordered to be printed in the that Filipino World War II veterans that the United States fulfill its re- RECORD, as follows: had no statutory rights to citizenship sponsibility to these veterans. The ASIAN AMERICAN JUSTICE CENTER, under the expired provisions of the Na- least we could do is help to unite these Washington, DC, May 18, 2006. tionality Act of 1940. Section 405 of the aging veterans with their families. We DEAR SENATOR: The Asian American Jus- Immigration Act of 1990 was enacted to tice Center writes in strong support of S. are a nation that keeps its word . . . make naturalization available to those Amdt. 4029 to S. 2611, the Comprehensive Im- Filipino World War II veterans whose not a nation that uses people for our migration Reform Act of 2006. This impor- own purposes and then casts them military service during the liberation tant amendment, introduced by Senators of the Philippines rendered them de- aside. Akaka and Inouye, would allow the sons and Ensuring that our World War II Fili- daughters of the naturalized Filipino vet- serving of United States citizenship. pino Veterans can enjoy and be sup- erans who fought for the United States dur- Approximately 25,000 veterans took ad- ported by their family members in ing World War II to finally reunite with their vantage of the naturalization provision which expired in February 1995. their twilight years is a simple yet pro- aging parents in the United States. Approximately 200,000 Filipino soldiers Unfortunately, the 1990 Act did not found way of honoring these war he- fought for the U.S. during World War II. confer naturalization to the children of roes. They were promised U.S. citizenship as a Filipino World War II veterans. Ac- My amendment has received strong condition of their service to our country, but cordingly, they are enduring decades of support from Filipino veterans, the Fil- that promise was retroactively withdrawn in family separation due to the long wait- ipino-American community, and the 1946. To address this injustice, Congress be- lated granted U.S. citizenship to these vet- ing periods under the numerical limit Asian-American community. The Japa- on immigrant visas for alien children nese American Citizens League, the Or- erans as a part of the Immigration Act of 1990. of citizens of the United States. Many ganization of Chinese Americans, and However, it did not grant citizenship to the of these veterans are in their twilight the Asian Pacific American Legal Cen- children of these veterans, thereby causing years, and declining in health. They ter have all endorsed my amendment. many of these families to be separated. A long to see their sons and daughters. In addition, the American Coalition for long immigration backlog developed hence Heroes should never be forgotten or Filipino Veterans, which represents these veterans petitioned for their sons and ignored, let us not turn our back on over 4,000 Filipino Veterans across the daughters to immigrate to the U.S. This has those who sacrificed so much. Let us country, has wholeheartedly endorsed not only negatively impacted the veterans show our appreciation to these gallant my amendment with a letter of support and their families, but also other Filipinos who are caught in the same backlog. The Filipino men and women who stood in that states: Philippines have the worst immigration harm’s way with our American sol- S. Amdt. 2049 will be a timely benefit to backlogs in the world. A U.S. citizen parent diers, and who fought the common address the veterans’ loneliness and will pro- who is petitioning for his or her unmarried enemy during World War II by granting vide them with a partial measure of U.S. vet- son or daughter must wait approximately 14 their children a special immigrant sta- erans recognition that they were unjustly years before they can immigrate to the U.S. tus to immigrate and reunify with denied in 1946. If the son or daughter is married, they must their aging parents who have made sac- Mr. President, I ask unanimous con- wait roughly 18 years. The Akaka-Inouye rifices for this county. sent that the full text of the letter of amendment would address this problem by Mr. AKAKA. Mr. President, I ask for support be printed in the RECORD. allowing the sons and daughters of the U.S. the yeas and nays. There being no objection, the mate- citizen veterans to immigrate to the U.S. The PRESIDING OFFICER. Is there a rial was ordered to be printed in the without being subject to numerical limita- tions. sufficient second? RECORD, as follows: Of the 200,000 Filipino soldiers who fought Mr. KENNEDY. Mr. President, will AMERICAN COALITION FOR for the U.S., only approximately 49,000 re- the Senator withhold for a moment. FILIPINO VETERANS, INC., main alive, and they are predominantly in The PRESIDING OFFICER. At the Arlington, VA, May 18, 2006. their 80’s. They have served our country moment, there is not a sufficient sec- DEAR SENATOR AKAKA: On behalf of 4,000 well. They deserve to be reunited with their ond. members of our national advocacy organiza- sons and daughters after years, sometimes Mr. AKAKA. Mr. President, I would tion, we highly commend your leadership in even decades, of waiting. Please support the like to ask for a voice vote. introducing S. Amdt 4029 to grant special im- Akaka-Inouye amendment. Mr. KENNEDY. Fine. migrant status to children of Filipino WWII Sincerely, The PRESIDING OFFICER. The veterans for the purpose of family reunifica- KAREN K. NARASAKI, Chair would note that under the unani- tion. President and Executive Director. It is high time for our elderly Filipino mous consent agreement, there is 5 Mr. AKAKA. Mr. President, I urge minutes to be split between the Sen- American heroes to have their children join my colleagues to honor their valiant them in their twilight years in the U.S.A. ator from Massachusetts and the Sen- These Filipino veterans served the U.S. contributions to our Nation by sup- ator from Pennsylvania. Army. They as U.S. citizens now deserve to porting my amendment. Does the Senator wish to yield that be treated as full Americans. Mr. INOUYE. Mr. President, I rise to time? Sadly, their children with Approved immi- join Senator AKAKA in support of his Mr. KENNEDY. Mr. President, I will gration petitions have been patiently wait- amendment that grants immigrant take 2 minutes. Then I will yield back ing for more than dozen years. visas for alien children of Filipino vet- the time. And then I think we will be S. Amdt 4029 will be a timely benefit to ad- erans of World War II, who were natu- prepared to vote. dress the veterans’ loneliness and will pro- ralized pursuant to section 405 of the vide them with a partial measure of U.S. vet- The PRESIDING OFFICER. The Sen- erans recognition that they were unjustly Immigration Act of 1990, a measure ator from Massachusetts. denied in 1946. which I authored in the 101st Congress. Mr. KENNEDY. Mr. President, first Please count on our leaders and members. In recognition of Filipino veterans’ of all, I commend the Senator for rais- They will gladly assist you and your col- contributions during World War II, the ing this issue. He has been a constant

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.038 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4750 CONGRESSIONAL RECORD — SENATE May 18, 2006 advocate for the families he has spoken ‘‘(II) OTHER DOCUMENTS.—An alien who is path to citizenship. Less than 2 years is about today. And he has communicated unable to submit a document described in by far the least attractive category. with us in the Immigration Committee subclause (I) may satisfy the requirement in That is all fine and good, to make on so many different occasions about clause (i) by submitting to the Secretary at these distinctions and to have different least 2 other types of reliable documents the fairness and the importance of the that provide evidence of employment for consequences for people who fall into family unifications and the uniqueness each required period of employment, includ- these different categories. Maybe that of service that so many of these par- ing— makes sense. But it is important to un- ents were involved in at a very difficult ‘‘(aa) bank records; derstand what proof an illegal immi- and challenging time during World War ‘‘(bb) business records; grant needs to offer to be put in one II. ‘‘(cc) sworn affidavits from non-relatives category versus another. So the Senator from Hawaii deserves who have direct knowledge of the alien’s One might assume—and certainly the great credit for bringing this to the at- work, including the name, address, and American public watching the debate phone number of the affiant, the nature and might assume—with the significance of tention of us in the Senate. I speak for duration of the relationship between the affi- the Senator from Pennsylvania, who ant and the alien, and other verification in- these three categories, how they color urges the acceptance of this amend- formation; or the entire picture of the pathway for ment. This will help provide some very ‘‘(dd) remittance records. that illegal immigrant—clear, objec- important family reunification. It is ‘‘(v) BURDEN OF PROOF.—An alien applying tive documentary evidence is going to entirely warranted and entirely justi- for adjustment of status under this sub- be required to go into the best category fied. section has the burden of proving by a pre- versus the second best versus the We thank the Senator for bringing ponderance of the evidence that the alien has worst. That would be a pretty good as- this issue again to our attention and satisfied the employment requirements in sumption because these categories are clause (i). for his continued advocacy on this On page 374, line 22, insert after ‘‘work’’ important and lead to different con- issue. We will do everything we pos- the following: ‘‘, including the name, ad- sequences. sibly can to make sure this is carried dress, and phone number of the affiant, the Unfortunately, that is not the case. at the conference as well. nature and duration of the relationship be- In the underlying bill, the illegal im- Mr. President, I yield back the re- tween the affiant and the alien, and other migrant can present all sorts of things mainder of my time. verification information’’ to be put in the best category. And one The PRESIDING OFFICER. Is there Mr. VITTER. Mr. President, yester- of the things he can present, if he says further debate? day on the Senate floor I briefly began he doesn’t have any of the others, is a If not, the question is on agreeing to to explain the purpose of this amend- simple statement that he himself signs. the amendment. ment. As was clear from yesterday’s So at the end of the day, we are mak- The amendment (No. 4029) was agreed debate, I have grave and serious hesi- ing all of these very important distinc- to. tations with many parts of this bill. tions between has the person been in Mr. KENNEDY. I move to reconsider One of those hesitations is about the the country over 5 years or between 2 the vote, and I move to lay that mo- huge loopholes and encouragements for and 5 years or under 2 years, but when tion on the table. fraud that exist in the bill in many dif- it comes down to the actual workings The motion to lay on the table was ferent sections. of how this will operate in the real agreed to. We are very good on the Senate floor world, all that person has to do is write Mr. KENNEDY. Mr. President, I in debating, tossing around ideas, gen- out a fairly simple statement—‘‘I have thank the Senator. eral concepts, broad principles, but I been here for over 5 years’’—sign his I suggest the absence of a quorum. fear we are often very bad at really name to it, and under the details of the The PRESIDING OFFICER. The looking at the details of a proposal and bill that is good enough. To me, that clerk will call the roll. walking through how it is going to makes a mockery of the entire system The legislative clerk proceeded to work in the real world and in practice that is being proposed. That makes an call the roll. or, perhaps it is more appropriate to Mr. SPECTER. Mr. President, I ask open invitation for fraud. Why would a say, how it is not going to work. Again, unanimous consent that the order for person who is in an admittedly difficult this bill is a glaring example of that. the quorum call be rescinded. and strenuous, stressful, even des- Amendment No. 3964 does not correct The PRESIDING OFFICER (Mr. AL- perate situation, why would a person all of those deficiencies. It does not EXANDER). Without objection, it is so put himself in category B or category C close all of the loopholes to which I ordered. when all he has to do is sign a piece of Mr. SPECTER. Mr. President, under generally refer. It does not end all of paper to get in the best category, the our unanimous consent agreement, it that invitation to fraud. But it does do clearest route to citizenship, category is now time for the amendment by the it in two significant respects which A? It makes no sense. Of course, a lot distinguished Senator from Louisiana may be among the most significant ex- of folks in that desperate situation will under a time agreement of 45 minutes amples of that in the bill. Let me ex- do exactly that. This is a loophole, an equally divided. plain what those are. invitation to fraud which we need to The PRESIDING OFFICER. The Sen- Both of the issues my amendment ad- close. ator from Louisiana. dresses come under section 601. The Under a similar provision of the bill, first has to do with how an illegal im- also in section 601, there is a similar AMENDMENT NO. 3964 migrant proves that he has been in the Mr. VITTER. Mr. President, I call up glaring loophole and open invitation to country for over 5 years. Why is this amendment No. 3964. fraud in terms of the type of evidence important? The underlying bill deals The PRESIDING OFFICER. The that a person may present to get in the with illegal immigrants in the country clerk will report. second category, being in the country now by putting them in one of three between 2 and 5 years. I don’t know The Senator from Louisiana [Mr. VITTER], categories: if you have been in the for himself and Mr. GRASSLEY, proposes an why this is so much an issue because if amendment numbered 3964. country over 5 years, if you have been I were the person, I would immediately in the country between 2 and 5 years, Mr. VITTER. I ask unanimous con- rush to the best category, sign a simple and if you have been in the country sent that reading of the amendment be piece of paper, and have the clearest less than 2 years. The consequence of dispensed with. route to citizenship. But still, in the The PRESIDING OFFICER. Without being put in one of these categories evidence accepted in category B, be- objection, it is so ordered. versus the others is significant; you are tween 2 and 5 years, a person can sup- The amendment is as follows: treated differently. Over 5 years is the ply a simple statement, a piece of (Purpose: To modify the burden of proof re- best category to be in from the view- paper signed by a nonrelative third quirements for purposes of adjustment of point of the illegal immigrant by far party. Again, the requirements for that status) because that is the most guaranteed are so loose, it is a glaring loophole Beginning on page 350, strike line 1 and all and automatic and clear path to citi- and an open invitation to fraud. that follows through ‘‘inference.’’ on page zenship. Between 2 and 5 years is the If this system is to have any mean- 351, line 1, and insert the following: next best scenario. That also has a ing, if these distinctions in terms of

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.041 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4751 how long a person has been in the talking about broad values, outlining We are not interested in people gam- country are to have any significance, if generalities, and talking about how a ing the system or in the identity theft this plan is to have any hope of work- new system of laws should work. In my problems and other kinds of challenges ing in practice, rather than just being opinion, we are very bad, almost al- and false documents. We have made a something pretty to talk about on the ways, at actually designing a concrete very strong effort because if we have floor of the Senate, we need to close system and paying attention in excru- that and we lack the verification of in- these loopholes. We need to end these ciating detail to the words we pass into formation and lack the verification in outright invitations for fraud. That is law to make sure that system can ac- terms of the individual and we are what my amendment would do in im- tually work in the real world and not going to have continued forgery of doc- portant respects. simply be unworkable beyond being uments, this is going to be a disaster. To summarize, my amendment would able to be administered full of glaring But we have given strong emphasis in do five specific things that would close loopholes, full of invitations to fraud. I terms of legality and veracity, and we these loopholes, shut down these very believe this bill, unfortunately, is an are going to have the biometric identi- wide open invitations to fraud. example of that. I believe in many as- fication cards. We are going to try to No. 1, it would strike the language pects, including many that are not cov- do this correctly and by the book, so to allowing an alien to prove employment ered by our amendment, this is going speak. history by providing a self-signed, to prove very unworkable in the real The Senator has redrafted provisions sworn declaration; in other words, world and be wide open with loopholes we had in the legislation to ensure the nothing more than a piece of paper you can drive a truck through, with applicant is going to provide the best that he himself signs. open invitations for fraud. My amend- information and that the best informa- No. 2, it would require that sworn af- ment simply highlights perhaps the tion has to be reliable and dependable fidavits from nonrelatives who have di- two most obvious or egregious exam- in order to be able to participate in the rect knowledge of the alien’s work— ples of that and tries to close those system. I think it is useful and valu- and that is a phrase in the underlying loopholes, close down those open invi- able. At the appropriate time, I will bill—can be corroborated by the Sec- tations for fraud. urge our colleagues to accept the retary of Department of Homeland Se- With that, I am happy to hear from amendment. curity and should include contact in- Members who would like to debate the The PRESIDING OFFICER. The Sen- formation of the affiant, the name, the amendment pro or con. ator from Pennsylvania is recognized. address, the phone number, the nature I reserve the remainder of my time. Mr. SPECTER. Mr. President, there and duration of the relationship, so The PRESIDING OFFICER. Who is no doubt that we have to have appro- that the Department has some hope, yields time? priate evidence in order to establish The Senator from Massachusetts. some ability of looking into this dec- Mr. KENNEDY. Mr. President, as I the criteria for moving ahead on the laration, cross-examining the affiant to understand the amendment, on page path to citizenship. I believe the Sen- determine if this is trustworthy and if 350, you strike lines 8 through the rest ator from Louisiana has structured a this declaration is truthful. of the page; am I correct? realistic amendment and made im- No. 3, the amendment would make Mr. VITTER. I don’t have that in provements to the bill. We are prepared the types of ‘‘other documents’’ pro- front of me. If you could read me the to accept it on this side. vided to prove work history the same lines. The PRESIDING OFFICER. The Sen- for those illegal aliens who have been Mr. KENNEDY. Well, this is on the ator from Louisiana is recognized. living in the United States over 5 years intent of Congress, the basic kind of Mr. VITTER. Mr. President, I thank and for between 2 and 5 years. So there understanding, the intent of Congress the Senator from Pennsylvania and the would be uniformity, and we would be be interpreted in a manner that recog- Senator from Massachusetts for their talking about objective documentary nizes the difficulties encountered by encouraging and supportive words. Ob- evidence. the alien in obtaining evidence. As I viously, I welcome that. Obviously, I No. 4, the amendment would strike understand, you strike that. And then welcome this amendment being adopt- the provision stating that Congress be- you strike the burden of proof provi- ed. lieves the Department of Homeland Se- sions through the top of 351, once the Without taking away anything from curity should ‘‘recognize and take into burden is met, the burden shall shift to that statement, I simply add that, un- account the difficulties encountered by the Secretary of Homeland Security. fortunately, while these are very im- aliens in obtaining evidence of employ- So those provisions are dropped. The portant cases we have identified in the ment’’ because of their illegal status. essence of your amendment is to tight- bill that highlight these problems, That quote is in the underlying bill, en up verification in terms of the appli- these are not the only cases. Unfortu- that the Department must ‘‘recognize cant. nately, I think they are an example of and take into account the difficulties Mr. VITTER. The Senator is correct. the general nature in which many as- encountered by aliens in obtaining evi- Mr. KENNEDY. And that is effec- pects of the bill were drafted. dence of employment.’’ In other words, tively the purpose of the amendment. In a spirit of working toward the end the bill itself is telling the Depart- In your description and in the lan- all of us have said we fully support, I ment: Let it slide. Anything that is guage, you talk about bank records, encourage all of the Members inti- stated, you virtually have to accept. business records, sworn affidavits from mately involved in continuing to draft That is ridiculous, and we would re- nonrelatives who have direct knowl- the bill, including if a bill should go to move that directive from the bill. edge of the alien’s work, including conference—and I will certainly in- And No. 5, the amendment would name, address, phone number of the af- clude the Senators from Pennsylvania clarify that the alien has the burden of fiant, the nature and duration of rela- and Massachusetts—to continue to proving his or her employment history tionship. You also talk about remit- identify those problem areas in the bill by ‘‘a preponderance of the evidence.’’ tance records and that the burden is on language. I hope this amendment will It is very reasonable, and, in fact, there the alien applying for the adjustment, be adopted and we will have addressed is no other workable way to do it, to the burden of proving by a preponder- two of them. I will continue identifying put the burden of proof on the illegal ance of evidence that he has satisfied more. I am encouraged by the com- alien to prove the amount of time he the employment requirements. ments that they will join us in that en- has been in the country. Any lesser Mr. VITTER. The Senator is correct deavor as this work product moves on. burden of proof, any other way of going on all of that. With that, I am prepared to yield about it will be a glaring loophole and Mr. KENNEDY. I am going to urge back my time if we can proceed to an open invitation for fraud. that we accept that amendment. We voice vote. Let me underscore the general thrust want to make sure, those of us who Mr. SPECTER. Mr. President, I think of my amendment. It goes to some of support this proposal, that we are we are ready for a voice vote on the my broad concerns about the bill. We going to reach those people who are de- Vitter amendment. are very good, all of us, both parties in fined in the legislation. And we want to The PRESIDING OFFICER. Is all the Senate, in making arguments, make sure that it is accurate. time yielded back?

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.043 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4752 CONGRESSIONAL RECORD — SENATE May 18, 2006 Mr. SPECTER. It is. Mr. DURBIN. Mr. President, would This is what it comes down to. This is The PRESIDING OFFICER. The the Senator yield for a question? an easy question to answer: Yes, it is question is on agreeing to the amend- Mr. INHOFE. I yield. not my intention to diminish any ment. Mr. DURBIN. First, I thank the Sen- rights under the law given to any per- The amendment (no. 3964) was agreed ator for his cooperation. I think we son for services or materials provided to. have had a very valuable dialogue, and by the Government of the United Mr. SPECTER. Mr. President, we the Senator from Oklahoma has made States in any language other than have concluded the Vitter amendment some important concessions. But I English. If the Senator said yes to that a little earlier than expected. It would would like to make sure that, for the question, it would put a lot of people at be appropriate now to proceed with the RECORD, I understand the intent and ease. debate on the Inhofe amendment, with language of the amendment which he But let me tell you what I am afraid the prospect of later having a side-by- currently offers. is at stake. In the language which the side. I urge my colleagues who wish to Has the Senator changed the version legal staff has prepared, I am afraid be heard on that subject to come to the which referenced section 161: ‘‘Declara- there is more to it. It is apparent that floor so we can proceed. tion of official language,’’ which shows at least some believe you are going fur- Mr. President, while we are awaiting on page 2 of the amendment? ther than what you have indicated; speakers to arrive on the Inhofe Mr. INHOFE. Yes, that was changed. that you are trying to diminish exist- amendment and since we have con- It was actually written up—they wrote ing rights of the law. That is troubling cluded the Vitter amendment early, I the word ‘‘national’’ in the wrong because the rights under law that we suggest the absence of a quorum and place. It is, ‘‘Declaration of national are talking about are rights that are ask unanimous consent that the time language.’’ over 40 years old, dating back to the be charged equally. Mr. DURBIN. Thank you. May I ask 1964 Civil Rights Act. And if the Sen- The PRESIDING OFFICER. Without the Senator if he would tell me wheth- ator from Oklahoma wants to make a objection, it is so ordered. er it is his intention to in any way di- statement of policy that English is the The clerk will call the roll. minish any rights that currently exist language of the United States and it is The assistant legislative clerk pro- under the laws of the United States of a common and unifying language, then ceeded to call the roll. America which would provide individ- he will have 100 votes in the Senate. It Mr. INHOFE. Mr. President. uals with materials or services in a will be an important statement. But The PRESIDING OFFICER. The Sen- language other than English? when he goes on and adds this other ator from Oklahoma. Mr. INHOFE. Mr. President, I think language, this amendment raises ques- Mr. INHOFE. Mr. President, I ask it is very appropriate the Senator asks tions. unanimous consent that the order for that question. We have had a chance to I just gave the Senator a chance to the quorum call be rescinded. discuss that at some length with a clarify the rest of his language, and he The PRESIDING OFFICER. Without large number of people, and I have didn’t want to do it. I am afraid that is objection, it is so ordered. stood pretty fast to my belief. Now, where we are going to have a parting of Mr. INHOFE. Mr. President, we are keep in mind I am one of the few peo- the ways. now going to the Inhofe amendment ple around here who is not a lawyer, I think it is valuable for us to estab- No. 4064. It is my understanding that and therefore sometimes that puts me lish that the English language is com- we have between now and 4:15, with the in a better position to understand the mon and unifying in America and that time equally divided on my amend- law than some of my lawyer friends. success depends on it, and I believe ment and an alternative amendment But I would say that when we write that. As I have said many times on the that is proposed by Senator SALAZAR, down, ‘‘unless otherwise authorized or Senate floor, I am the son of an immi- and I would ask if that is correct. provided by law, no person has a right, grant. My mother came to this coun- The PRESIDING OFFICER. An entitlement, claim,’’ et cetera, in the try; her parents struggled to learn amendment has not yet been proposed bill, which is the form of the bill that English. She spoke both English and by the Senator from Colorado. How- you have seen and that we have all Lithuanian. I speak only English ever, the time between now and 4:15 is been working on, so my feeling is that today. My life experience is not much allocated to the Inhofe amendment and language takes care of any problem different than most. any Democratic amendment which within the existing law that is on the We had a recent survey that found an might be proposed as an alternative. books. interesting statistic. The Pew Hispanic Mr. INHOFE. I thank the Chair for Mr. DURBIN. If the Senator would Center documents that about 80 per- that clarification. It could very well yield, then—— cent of third generation Latinos in the be, and it is my understanding that Mr. INHOFE. Mr. President, let me United States speak English as their some others do have an alternative ask if it would be all right, if you have dominant language. Exactly zero per- that they want to have considered. a number of questions—I don’t mind cent speak Spanish as their dominant Mr. President, this is an issue that yielding, but I would just as soon yield language. It suggests that what hap- has been with us for a long time. Due on your time. pened in my family is happening with to the great history that is very often Mr. DURBIN. Fine. Mr. President, I most immigrant families. presented to this Chamber by the occu- would like to have the time for the So they know the obvious: Success in pier of the chair, we went back into questions and answers count against this country depends on mastering and history and saw that for hundreds of me. speaking English. So if the Senator years we have been trying, many of us, So would the Senator say for the wanted to make that statement, that as our forefathers tried, to make RECORD, is it your intention by this English is our common and unifying English the national language. The last amendment to diminish any existing language in this country, we would join time we had a vote was 1983. In 1983, rights under the law of the United him. there was a—I don’t remember who the States relative to services or materials Mr. INHOFE. Mr. President, let me author was at the time, but it was be- provided by the Government of the respond. fore I even came to the House. But that United States in any language other Mr. DURBIN. I still have my time, was 23 years ago. So 23 years it has than English? and I would like to say this: When I taken now to get a vote on this issue. Mr. INHOFE. Mr. President, I would asked him straightforwardly a question Ours is a very simple amendment. It respond by saying I think the state- as to whether he wanted to diminish is very straightforward. We have per- ment stands by itself, speaks for itself. the rights of anyone in this country fected it by adding things that the Sen- It says, ‘‘unless otherwise authorized currently under law, which would in- ator from Tennessee and the Senator or provided by law.’’ We are a country clude Presidential Executive Orders, I from Arizona and the Senator from of laws, and if there is anything that is might say to the Senator and his legal Alabama have asked for, and we think inconsistent, that is an exception staff, if he wants to diminish those, he as a result of that, we have a bill that under section 162. would not give me an affirmative an- is actually better than ours was when Mr. DURBIN. Reclaiming my time, swer which I think would satisfy many it first started. Mr. President, that is the problem. on this side of the aisle.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.046 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4753 I reserve the remainder of my time, sponding to the question that has al- eral Government only has the duty to and I yield back to the Senator from ready been asked. I think it speaks for offer X services and Y language if a Oklahoma. itself, but let me see after reading statute creates that right. Mr. INHOFE. Mr. President, let me these cases whether you agree with In other words, we are talking about first of all say no, it is not my intent, that or not. English as the national language. We nor is it the intent of this amendment, Mr. SALAZAR. Mr. President, again, are talking about certain exceptions to do that. This amendment is pretty if I may ask a question of my friend that are written into law, and we have straightforward. It does say ‘‘unless from Oklahoma. said on page 2 that I have read several otherwise authorized or provided by Mr. INHOFE. All right. I would rath- times, ‘‘unless otherwise authorized or law.’’ What that says to me is if there er wait until I am through, but go provided by law.’’ are some of these privileges out there ahead. That means there are many cases that you believe are not in the law, Mr. SALAZAR. This is not on the where that would be the case. Again, then I would not be addressing those. I substance—— such examples exist, such as the Vot- think what you are talking about is a The PRESIDING OFFICER. The Sen- ing Rights Act, which provides for bi- matter of law, but I don’t know that. I ator from Colorado is recognized to ask lingual ballots, and the Court Inter- would rather say if it is a matter of a question. preters Act of 1978, which provides for law, we are providing an exception. Mr. SALAZAR. Mr. President, what I translation services in the Federal And I guess I would ask you the ques- would like to do as we move forward in courts. tion, since I now have the floor, do you this discussion is also lay down the Prior to 1978, there was no such act, believe that some of these rights are amendment that I have which I believe and that was not the case. This does entitlements? accomplishes the objectives which have not change the decision in the change Mr. DURBIN. Mr. President, I don’t been articulated by the Senator from in law that took place in 1978. For over 30 years, the courts have know whose time this counts against. Oklahoma and, hopefully, after the Mr. INHOFE. It is mine. Inhofe statement, I can lay down my ruled uniformly and consistently on The PRESIDING OFFICER. The Sen- proposed amendment which I think ad- these matters, of providing services ator from Oklahoma has the floor. dresses some of the questions we are and materials in languages other than Mr. DURBIN. Mr. President, as I said talking about on the floor. English. Federal courts have rejected earlier, this is dangerously close to de- Mr. INHOFE. Mr. President, it is my attempts to equate a person’s language bate in the Senate, and I am glad we understanding—we talked about this with their national origin in dozens of are doing it. My feeling is this: When before the Senator came in—that we court cases. This is what I referred to. you say: What are you entitled to? will have two amendments that we will It seems to me perhaps the other side Well, we are entitled to be protected be talking about: the Salazar amend- is trying to say they are one and the same. from discrimination. That is an enti- ment and the Inhofe amendment. They But the Federal courts have rejected tlement to every American. We are en- will be side by side. There will be a the attempts to equate a person’s lan- vote at 4:15. That vote will take place titled to be protected from discrimina- guage with their national origin in doz- on my amendment first and then on tion. And the 1964 Civil Rights Act says ens of court cases and court decisions the Salazar amendment, is my under- one of the things you cannot be dis- going back more than 30 years. There- standing. criminated against is your national or- fore, any expansion of the concept of Mr. SALAZAR. I thank the Chair. igin, where you were born. We say in national origin to encompass a theory The PRESIDING OFFICER. The Sen- America, no, you cannot be discrimi- repeatedly rejected by the Federal ator from Oklahoma is recognized. nated against based on national origin. courts must come explicitly from Con- Mr. INHOFE. Mr. President, first of And based on that provision in the gress. It must be a law. It must be all, I would like to get into some of the Civil Rights Act, we will provide, when something that Congress proposes and legal background. For the legal anal- it comes to essential services, appro- passes and not be imposed by a flawed ysis, let me start by mentioning Wes- priate language assistance to help or arbitrary interpretation of the law. ley Newcomb Hohfeld who was the au- those who are availing themselves of Today the Senate is stating that there thor of the seminal Fundamental Legal the services. is no right, entitlement or claim to Conceptions, a powerful and enduring As I said earlier, in Chicago, that services and materials in any language analysis of the nature of rights and the may be Polish or a Filipino dialect. other than English. That is assuming implications of liberty. Hohfeld noted But basically what we have said is, yes, we pass our amendment. you are entitled not to be discrimi- that rights correlate to duties. A has a I will mention just three of the long, nated against. duty to B if B has a right against A. If unbroken line of court cases spanning Now, if the Senator wants to wipe A has no duty, that means B has no over 30 years. away that entitlement, he should make right and A has liberty, are the terms In 1983 the Second Circuit Court of it clear. But I am not sure that he that he used. Such Hohfeldian analysis Appeals determined in Soberal-Perez v. wants to. If he does, I hope he will say applies here. Heckler, which the Supreme Court let so. My amendment makes clear that no- stand, that there is no right to govern- Mr. INHOFE. No, no. Mr. President, body has a right or entitlement to sue ment forms in languages other than reclaiming my time, it is certainly not the Federal workers or the Federal English. our intention. And I think what the Government for services or materials In 1994 the Second Circuit Court of Senator is saying is that language and in languages other than English. In Appeals determined in Toure v. U.S. national origin are the same when, in Hohfeldian terms, the Federal Govern- that there is no right to government fact, I am not saying that language and ment has no duty to provide services or deportation notices in languages other national origin are the same. materials in languages other than than English. Let me go ahead and try to respond, English, but the Federal Government is The most recent United States Su- even though I am speaking to lawyers free to do so. In other words, they are preme Court case in this area is and I am not one, with some court not compelled to do it, but they may Sandoval v. Alexander, the Alabama cases that I think might clarify things do it, they have the authority to do driver’s license case. Justice Scalia for all of us. that. wrote the decision in Sandoval in 2001. Mr. SALAZAR. Mr. President, would The question has been asked: How The Supreme Court in Sandoval re- my friend from Oklahoma yield for a does this amendment affect the X pro- jected the equation of language and na- question? gram? Will the Federal Government be tional origin. Mr. INHOFE. Mr. President, let me free to offer X service or material in Y Indeed, the Federal courts have re- hold off yielding until I get through language? The answer is, yes, the Fed- peatedly considered and rejected just with what I am about to say. I was eral Government is at liberty to offer, this equation of the failure to provide going to mention these this morning, can offer, X services or whatever the foreign language services and mate- but I would like to go ahead and say program is, in whatever language rials with a violation of the prohibition where I believe we are today in re- seems to be appropriate, but the Fed- against national origin discrimination.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.048 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4754 CONGRESSIONAL RECORD — SENATE May 18, 2006 There is no support in the legislative See, also, Toure v. United States, 24 F.3d at tive tongue while on the job’’), affirmed, 86 history or judicial interpretations of 446 (affirming Soberal-Perez and rejecting re- F.3d 1151 (4th Cir. 1996); Gotfryd v. Book Cov- title VI for the right or entitlement to quest for multilingual forfeiture notices). ‘‘A ers, Inc., 1999 WL 20925, *8 (N.D. Ill. 1999) (re- Federal Government services or mate- policy involving an English requirement, jecting attempt to use EEOC guidelines to without more, does not establish discrimina- establish hostile workplace); Magana v. rials in languages other than English. tion based on race or national origin.’’ ‘‘An Tarrant/Dallas Printing, Inc., 1998 WL 548686, Executive Order 13166 purported to in- v. General Am. Life Ins. Co., 872 F.2d 426 (9th *5 (N.D. Texas, 1998) (‘‘English-only policies terpret title VI, but it was written be- Cir. 1989) (table). are not of themselves indicative of national fore the United States Supreme Court’s The oldest administrative interpretation origin discrimination in violation of Title decision in Sandoval. linking language and national origin is the VII’’); Tran v. Standard Motor Products, Inc., This amendment now clarifies in EEOC’s arbitrary presumption against 10 F.Supp.2d 1199, 1210 (D. Kansas, 1998) (‘‘the English language workplace rules. 29 C.F.R. purported English-only policy does not con- Federal statute the line of cases culmi- § 1606.7. The Supreme Court has never re- nating in the United States Supreme stitute a hostile work environment’’); Mejia viewed those purely administrative interpre- v. New York Sheraton Hotel, 459 F.Supp. 375, Court decision in the Sandoval case. tations. But many other courts have re- 377 (S.D.N.Y. 1978) (chambermaid properly Here we are making clear that there is viewed the EEOC guidelines and have re- denied a promotion because of her ‘‘inability no legal basis for Executive Order 13166 jected them and their underlying equation of to articulate clearly or coherently and to that purported to direct services and language and national origin. See, e.g., Gar- make herself adequately understood in . . . materials in languages other than cia v. Spun-Steak, 998 F.2d 1480, 1489–90 (9th English’’); Prado v. L. Luria & Son, Inc., 975 Cir. 1993), cert. den. 512 U.S. 1228 (1994) (EEOC English. I state it again clearly: There F.Supp. 1349 (S.D. Fla 1997) (rejecting chal- Guidelines equating language and national lenge to English workplace policy); Kania v. shall be no right or entitlement to origin were ultra vires); Vasquez v. McAllen services or materials in languages Archdiocese of Philadelphia, 14 F.Supp. 2d 730, Bag & Supply Co., 660 F.2d 686 (5th Cir. 733 (E.D. Penn. 1998) (surveying cases: ‘‘all of other than English. 1981)(upholding English-on-the-job rule for these courts have agreed that—particularly I ask unanimous consent additional non-English-speaking truck drivers); Garcia as applied to multi-lingual employees—an material be printed in the RECORD. v. Rush-Presbyterian St. Luke’s Medical Center, English-only rule does not have a disparate There being no objection, the mate- 660 F.2d 1217, 1222 (7th Cir. 1981)(upholding impact on the basis of national origin, and hiring practices requiring English pro- does not violate Title VII’’). rial was ordered to be printed in the ficiency); Long v. First Union Corp., 894 F. RECORD, as follows: There is, therefore, no basis in the terms, Supp. 933, 941 (E.D. Virginia, 1995)(‘‘there is history or interpretation of ‘‘national ori- LEGISLATIVE HISTORY nothing in Title VII which protects or pro- gin’’ which supports a per se rule equating a vides that an employee has a right to speak The legislative history does not support a person’s language and that person’s national his or her native tongue while on the job.’’), language-based definition of national origin. origin. affirmed, 86 F.3d 1151 (4th Cir. 1996). The Supreme Court has noted that the legis- The Executive Order 13166 is based on the lative history concerning the meaning of na- A few cases indicate that if the language policy is a pretext for intentional discrimi- equation of a person’s language and that per- tional origin, even under statutory law, is son’s national origin. Again, here we are ‘‘quite meager.’’ Espinoz v. Farah Mfg. Co., nation, a language-related rule might violate national origin rules. In addition, two recent making clear that there is no legal basis for 414 U.S. 86, 88 (1973). Nevertheless, ‘‘[t]he Executive Order 13166. Neither is there any terms ‘national origin’ and ‘ancestry’ were lower court decisions have adopted the EEOC’s interpretation equating language legal basis for federal regulations based on considered synonymous.’’ 414 U.S. at 89. Dur- Executive Order 13166, including, but not ing debate on the 1964 Civil Rights Act, Rep- and national origin. See, e.g., EEOC v. Synchro-Start Products, 29 F.Supp.2d 911, 915 limited to those federal regulations in the resentative Roosevelt stated: ‘‘May I just following list: make very clear that ‘national origin’ means n. 10 (N.D. Illinois, 1999)(on advice of law INDEX OF FEDERAL REGULATIONS ON national. It means the country from which clerk, Judge Shadur was ‘‘staking out a legal EXECUTIVE ORDER 13166 you or your forebears came from. You may position that has not been espoused by any come from Poland, Czechoslovakia, England, appellate court.’’); EEOC v. Premier Operator CABINET-LEVEL DEPARTMENTS France, or any other country.’’ 110 Cong. Services, 113 F.Supp.2d 1066 (N.D. Texas, 2000) Commerce (Magistrate Judge Stickney, rejecting appel- Rec. 2,549 (1964). Department of Commerce: ‘‘Guidance to late cases against EEOC Guidelines and rely- The Supreme Court supports that assess- Federal Financial Assistance Recipients on ing on Synchro-Start Products and Judge ment: ‘‘[t]he term ‘national origin’ on its the Title VI Prohibition Against National Reinhardt’s dissent from denial of rehearing face refers to the country where a person was Origin Discrimination Affecting Limited en bane in Spun Steak, found disparate born, or, more broadly, the country from English Proficient Persons’’ (March, 2003). treatment of Hispanic employees in the pro- which his or her ancestors came.’’ Esoinoza, (reaffirmed on July 29, 2003). mulgation of an English-workplace rule; the 414 U.S. at 88; see also, Pejic v. Hughes Heli- Energy copters, 840 F.2d 667, 672–73 (9th Cir. 1988) (per- defendant company was bankrupt and did sons of Serbian national origin are members not present a defense). Department of Energy: Ensuring Access to But almost all cases, including all Circuit of a protected class under Title VII). Federally Conducted Programs and Activi- decisions, have rejected the equation of lan- ties by Individuals with Limited English CASE HISTORY guage and national origin. See, e.g., Gloor, Proficiency (LEP) Plan DRAFT. Federal courts have rejected attempts to 618 F.2d at 270 (‘‘The EEO Act does not sup- EPA equate a person’s language with their na- port an interpretation that equates the lan- tional origin in dozens of court decisions guage an employee prefers to use with his EPA Factsheet. going back thirty years. Therefore any ex- national origin.’’); Nazarova v. INS, 171 F.3d HHS pansion of the concept of national origin to 478, 483 (7th Cir. 1999)(permitting deportation REVISED Guidance to Federal Financial encompass a theory repeatedly rejected by notices in English); Carmona v. Sheffield, 475 Assistance Recipients Regarding Title VI federal courts must come explicitly from F.2d 738 (9th Cir. 1973)(permitting English Prohibition Against National Origin Dis- Congress, and not be imposed by a flawed benefit termination notices); Frontera v. crimination Affecting Limited English Pro- and arbitrary interpretation of the law. Sindell, 522 F.2d 1215 (6th Cir. 1975) (civil serv- ficient Persons (August 8, 2003). The Supreme Court has never held that the ice exam for carpenters can be in English); Strategic Plan to Improve Access to HHS language a person chooses to speak can be Garcia v. Spun Steak, 998 F.2d 4 1480, 1489–90 Programs and Activities by Limited English equated to the person’s national origin. (9th Cir. 1993), cert. den., 512 U.S. 1228 (1994) Proficient (LEP) Persons (December 14, 2000). Though this issue was briefed and discussed (rejecting EEOC guidelines); Gonzalez v. Sal- ‘‘Policy Guidance: Title VI Prohibition in Hernandez v. New York, 500 U.S. 352 (1991), vation Army, 985 F.2d 578 (11th Cir.)(table), Against National Origin Discrimination As the Court did not make a holding on this cert. den., 508 U.S. 910 (1993)(rejecting em- It Affects Persons With Limited English Pro- question. ‘‘Petitioner argues that Spanish- ployment discrimination claim); Jurado v. ficiency,’’ U.S. Department of Health and language ability bears a close relation to Eleven-Fifty Corp, 813 F.2d 1406 (9th Cir. 1987) Human Services, Office for Civil Rights (Sep- ethnicity, and that, as a result, it violates (permitting radio station to choose language tember 1, 2000). the Equal Protection Clause.... We need an announcer would use); Vasquez v. McAllen Guidance Memorandum, Title VI Prohibi- not address that argument here.’’ 500 U.S. at Bag & Supply Co., 660 F.2d 686 (5th Cir. 1981) tion Against National Origin Discrimina- 360. The Circuits, on the other hand, have re- (upholding English-on-the-job rule for non- tion—Persons with Limited-English Pro- jected such an equation. See, e.g., Soberal- English-speaking truck drivers); Garcia v. ficiency, U.S. Department of Health and Perez v. Heckler, 717 F.2d at 41: ‘‘A classifica- Rush-Presbyterian St. Luke’s Medical Center, Human Services, Office of Civil Rights (Jan- tion is implicitly made, but it is on the basis 660 F.2d 1217 (7th Cir. 1981) (upholding hiring uary 29, 1998). of language, i.e., English-speaking versus practices requiring English proficiency); Proposed HHS Regulations as published in non-English speaking individuals, and not on Long v. First Union Corp., 894 F.Supp. 933, 941 the Federal Register (August 30, 2000). the basis of race, religion or national origin. (E.D. Virginia, 1995) (‘‘there is nothing in Fact sheet ‘‘Language Assistance to Per- Language, by itself, does not identify mem- Title VII which protects or provides that an sons with Limited English Proficiency bers of a suspect class.’’ employee has a right to speak his or her na- (LEP)’’ U.S. Department of Health and

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.012 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4755 Human Services, Office for Civil Rights (Sep- amendment, so they come up with all say to you, at that time I used to be a tember 26, 2000). kinds of technical reasons to oppose it. commercial pilot in Mexico and I actu- Appendix A: ‘‘Questions and Answers’’ (Au- But what we are doing is declaring—we ally spoke the language fairly well at gust 29, 2000). are making a declaration—that English that time. It has been many years, 25, Appendix B: ‘‘Selected Federal and State Laws and Regulations Reauiring Language is the national language for the United 30 years, I guess. But when I became a Assistance,’’ U.S. Department of Health and States of America. mayor I said: I know around here we Human Services Office for Civil Rights (Au- We are taking the exceptions, for ex- are very rich in history and have a tal- gust 29, 2000). ample, the Court Interpreters Act. Be- ented bunch of people who have come Justice fore the Court Interpreters Act passed here and are good citizens of our city of Bush Justice Department issues reaffirma- in 1978, defendants did not have a right Tulsa. So I formed the Hispanic Com- tion of E.O. 13166 and a new set of Questions to an interpreter. It was up to the mission of the city of Tulsa. This may and Answers (October 26, 2001). Court’s discretion. The Court Inter- or may not surprise you. Some of them Justice Department Policy Guidance Docu- preters Act protects already existing were kind of in hiding, not even recog- ment: ‘‘Enforcement of Title VI of the Civil constitutional rights such as in the nizing that they were Hispanics, and Rights Act of 1964—National Origin Dis- sixth amendment, the fifth amend- they came out. We had the Cinco de crimination Against Persons With Limited ment, the 14th amendment, amend- Mayo and all the celebrations there. It English Proficiency’’ (LEP Guidance) (Au- ments on due process. It is very impor- gust 16, 2000). is probably the most popular thing Commonly Asked Questions And Answers tant to know that is one of the many that has ever been done in the city of Regarding Executive Order 13166, Depart- exceptions that is written into law. It Tulsa. ment of Justice (November 13, 2000). is a very important exception. I went back and talked to these peo- Civil Rights Forum (Summer-Fall, 2000). You also have some exceptions found ple. I said: Do you agree with the poll- EO 13166 Implementation Plan (January, in the Voting Rights Act. Somebody ing data that shows very clearly that 2001). mentioned this morning some disaster Hispanics want to have English as the Labor could take place in California, a tsu- national language? And they said yes. REVISED Department of Labor Policy nami or something such as that, and This is a group I have been dealing Guidance (May 29, 2003). when the eviction notices come, obvi- with since 1978. Department of Labor Policy Guidance. ously, if you are addressing Chinatown, I think it may be someone’s impres- Transportation it would be in Chinese. We know that. sion that certain extremist groups— DOT Guidance to Recipients on Special That protection is there. and I am sure there are some extremist Language Services to Limited English Pro- I believe we have covered the legiti- groups that have a large number of ficient (LEP) Beneficiaries (document un- mate concerns that are out there. I Latinos in them. They may be of- dated —appeared in January, 2001). know there are some people who do not fended. They may not want to have Treasury want this to happen who are going to this. That is fine. Let them exercise Treasury Department issues EO 13166 regu- vote against this. I understand that. their influence on every voter, each of lations (March 7, 2001). That is what this is all about. It has the 100 Members of this body. That is Department of Veterans Affairs been 23 years since we had an oppor- the way the system works. Guidance to Federal Financial Assistance tunity to vote for it or against it. But I will say this. Jumping from the Recipients: Providing Meaningful Access to Those of you who want to vote against ones I know and the ones I have had ex- Individuals Who Have Limited English Pro- it, you are going to have your oppor- perience with back in my city of Tulsa, ficiency in Compliance With Title VI of the tunity at 4:15 today. In the meantime I the Hispanic population is very proud Civil Rights Act of 1964 agree with the Presidents—almost of the fact that they are going to learn Subcabinet agencies every President of the United States English, and it should be our national Corporation for National and Community going back long before Teddy Roo- language. As recently as 2 months ago, Service Plan. sevelt. One of the things he said is, a Zogby poll, in March of 2006, found Consumer Product Safety Commission’s ‘‘We must also learn one language and that 84 percent of Americans, including Plan for Agency Compliance With Executive that language is English.’’ As we re- 77 percent of the Hispanics, believe Order 13166. REVISED General Services Administration member, President Bill Clinton in his English should be the official language (2003). State of the Union Message in 1999 got of Government operations. In 2002, the General Services Administration. a standing ovation when he said that Kaiser Family Foundation poll—which FINAL Institue of Museum and Library our new immigrants have a responsi- I don’t think anyone is going to ques- Services (August 7, 2003). bility to enter the mainstream of tion—found 91 percent of the foreign- REVISED Institute of Museum and Li- American life. That means learning born Latino immigrants agreed that brary Services (April, 2003). English and learning about our Demo- learning English is essential to suc- Institute of Museum and Library Services. cratic system of government. ceeding in the United States. In 2002, Legal Services Corporation (January, 2003). I agree with that. I didn’t agree with National Aeronautics and Space Adminis- there is also a Carnegie/Public Agenda tration Language Assistance Plan for Ac- everything that President Clinton said, poll that found by a more than 2-to-1 commodating Persons with Limited English but I certainly was one who stood and margin, immigrants themselves say Proficiency in NASA-Conducted Programs applauded during that State of the that the United States should expect and Activities. Union Message in 1999. new immigrants to learn English. National Council on Disability Implemen- I think other Presidents have done My favorite poll is this one. In 2004, tation Plan for Executive Order 13166 Im- the same thing as recently as a few the National Council of LaRaza found proving Access to Services for Persons with days ago, when our President said that that 97 percent—strongly 86.4 percent Limited English Proficiency (Dec 12, 2000). an ability to speak and write the or somewhat 10.9 percent—agreed that National Credit Union Federation (un- dated). English language, English allows new- the ability to speak English is impor- National Science Foundation plan. comers to go from picking crops to tant to succeed in this country. That is Office of Special Counsel’s Plan for Agency opening a grocery, from cleaning of- a no-brainer. We all know that. There Compliance With Executive Order 13166. fices to renting offices, from a life of is not a country you go to where that Pension Benefit Guaranty Corporation’s low-paying jobs to a diplomat career is not true. Plan for Agency Compliance With Executive and a home of their own. I would say this. There are 50 other Order 13166. This is an opportunity. We look at countries around the world today that Mr. INHOFE. Mr. President, I know people who come to this country and, have English as their national lan- we can get bogged down. I suspect the oddly enough, those individuals that I guage. In these countries, they expect reason this particular amendment that have spent many hours with—I say to you, when you come to their country, has been proposed numerous times in my good friend from Colorado that to learn English. But if you go to an- the past but not in the last 23 years, when I was mayor of Tulsa, we had other country, if it is Italy or France and that it is going to get bogged down never had any kind of recognition of or any other country, you are expected on a lot of technical questions, is that our Latin population. Yet I knew it to be able to communicate in their lan- perhaps some people do not want this was a very large population. I would guage.

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.017 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4756 CONGRESSIONAL RECORD — SENATE May 18, 2006 In 1988, G. Lawrence Research showed available to those living in our country claim that this is needed to promote 87 percent favored English as an offi- under title VI of the Civil Rights Act of national unity. However, our common cial language with only 8 percent op- 1964, which prohibits discrimination language is not what unifies this coun- posed and 5 percent not sure. That was based on national origin? try. It is our common belief in freedom 1988. Very consistent; about the same Mr. INHOFE. Do I personally want and justice. The first amendment to numbers. A 1996, national survey by that? No, I don’t. This amendment the Constitution ensures that we have Luntz Research asked, ‘‘Do you think doesn’t do that because it makes those the freedom of speech. We are free to English should be made the official exceptions because what you are refer- speak in all languages—not just language of the United States?’’ and 86 ring to is the law. English. For those individuals who do percent of Americans supported mak- Mr. DURBIN. Let me ask you ex- not speak English, this amendment ing English the official language and pressly and specifically, because you would deny U.S. citizens with limited only 12 percent opposed and only 2 un- did refer to this. This was Executive English proficiency basic rights. For sure. That was 1996. Order 13166, issued by President Clin- example, our country was founded on In 2000, Public Opinion Strategies, ton, which implemented the same title the belief that the people of this coun- showed 84 percent favored English as of the Civil Rights Act that I referred try hold the power—they are the check the official language, with only 12 per- to. The Executive Order said that agen- on our Government. However, limiting cent opposed and 4 percent not sure. cies of our Government had to make ef- services to the English language could In 2004 another Zogby poll, that was forts to provide their services and ma- deny people the right to exercise this a different one than the one I quoted, terials to people with limited English power and receive essential Govern- but 92 percent of Republicans, 76 per- proficiency. ment services. cent of Democrats, and 76 percent of Is it your intention with your amend- Moreover, children growing up in Independents favored making English ment to, in any way, diminish the re- homes that speak languages other than the national language. Again, that was sponsibilities and rights created by Ex- English will feel stigmatized. As a a March poll of Zogby. It is consistent ecutive Order 13166? young child, I was discouraged from throughout. Mr. INHOFE. It is my understanding, speaking Hawaiian because I was told You have some things working here. I say to the Senator from Illinois, that that it would not allow me to succeed You have everybody wanting it, includ- the courts already have had some in- in the Western world. My parents lived ing the Latin community. You have terpretations of that which perhaps are through the overthrow of the Kingdom more than half the States, 27 of the 50 not the same as you are stating right of Hawaii and endured the aftermath as States—27 States have accepted now. What the courts have interpreted a time when all things Hawaiian, in- English as an official language, includ- I stand behind because that means it is cluding language, which they both ing Colorado, I might add, I say to my law. That is according to my amend- spoke fluently, hula, customs, and tra- good friend from Colorado. Let’s see ment. ditions, were viewed as negative. I, where Illinois is. Yes, Illinois. You Mr. DURBIN. So will the Senator ac- therefore, was discouraged from speak- don’t have a problem in Illinois. You cept an amendment to his amendment ing the language and practicing Hawai- already have it as a State concept that which says that: ian customs and traditions. I remember has been accepted. Nothing herein shall diminish or expand as a young child sneaking to listen to So if you have 27 States, you have 51 any existing rights under the law of the my parents so that I could maintain other nations accepting English as the United States relative to services or mate- my ability to understand the Hawaiian national language, you have all the rials provided by the Government of the language. My experience mirrors that polling data showing this is what peo- United States in any language other than of my generation of Hawaiians. ple want, you have an exception made English? This is the same problem facing bi- so no one is going to lose anything by Mr. INHOFE. You will have an oppor- lingual education. There is a push to doing it this way, then I can only come tunity to have that in your side-by-side stop the learning of other languages to the conclusion that you don’t want amendment that will be voted on after when individuals are young, when it is it as the national language. mine. My answer is no because we have much easier to learn another language, That is fine. That is good. If that is already massaged this language. A lot but then we tell those same people that the case, we are going to have a vote at of people are supporting this. If I start it is essential that they learn another 4:15 and make that determination. changing things now, as you well language to preserve our national secu- Before I yield, let me ask how our know, they are going to start peeling rity. This is contradictory. time is coming along. off, and I won’t have the support I have Third, the amendment sends the The PRESIDING OFFICER. The Sen- right now. We will have an opportunity wrong message to our heritage commu- ator from Oklahoma has 30 minutes re- to vote on my amendment. Then we nities. After the terrorist attacks of maining. will have an opportunity to vote on 9/11, we sought out these individuals to Mr. DURBIN. Will the Senator yield whatever language you decide to put help with our translation efforts; how- for a question? in, in your amendment. ever, now we are telling them that we Mr. INHOFE. I yield the floor at this Mr. DURBIN. I thank the Senator. do not value their language enough to point. Mr. AKAKA. I agree that English is provide them with essential services in Mr. DURBIN. I’ll take it on my time. the common language of our Nation. their languages. The ability to speak a The Senator made it clear. He has two Everyone should learn it, just as I be- foreign language is critical to our na- parts of this amendment. The first part lieve everyone should learn other lan- tional security, and we should not dis- is, frankly, an easy part. Is English the guages and more about the world courage that in any way. common, unifying language of our Na- around them. But I must oppose the Fourth, the Inhofe amendment could tion? The answer is yes. His conclusion Inhofe amendment because it does not prohibit the Government from pro- is that you can’t succeed in America merely encourage learning the English viding emergency services in other lan- without being English proficient. If language. I am concerned that this guages or providing critical health and that’s his amendment, that vote would amendment will have far-reaching con- safety materials to non-English speak- be 100 to nothing. sequences and eliminate the rights of ers since such programs may not be re- It is the second part, the part you many Americans. quired by law. People’s lives might be called the technical arguments, that First of all, the Inhofe amendment is endangered by this amendment. we find troublesome. You said, in the unnecessary. English is the de facto of- Finally, I worry that the very course of explaining the amendment, ficial language of the United States. In strength of our democracy is threat- that you didn’t want to take away any fact, according to the 2000 census, only ened by this amendment. I am proud to existing rights of people in law, in 9.3 percent of Americans speak both be an original cosponsor of S. 2703, a courtrooms, for example, or going to their native language and another lan- bill to amend the Voting Rights Act of vote, and I’m glad to hear that. But I guage fluently. 1965. Importantly, S. 2703 will continue want to ask you directly: Do you want Second, the Inhofe amendment is di- to require bilingual voting assistance. to diminish any of the rights currently visive. The sponsors of the amendment Unless every citizen has access to the

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.052 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4757 polls and can understand the language AMENDMENT NO. 4073 speaks to the common language of on their voting ballot, our democracy Mr. SALAZAR. Mr. President, I send America. It unifies us from whatever is not as strong as it could be. an amendment to the desk. particular language or background we We want immigrants and individuals The PRESIDING OFFICER. Without come from. from all over the world to learn about objection, the pending amendment is It is my hope that when we complete the United States and what defines us. set aside. this debate today we could have 100 I think our basic freedoms are what de- The clerk will report. Senators standing up in support of this fine us. To limit the ability of non- The assistant legislative clerk read amendment. English speakers to know about the as follows: Let me say, for me—as we have ap- United States and experience and ob- The Senator from Colorado [Mr. SALAZAR], proached this debate over immigration serve the freedoms on which this coun- for himself and Mr. DURBIN, Mr. KENNEDY, and as we approach this debate over of- try was founded, would be a disservice Mr. BINGAMAN, and Mr. REID, proposes an ficial English and other aspects of to the United States. Actions speak amendment numbered 4073. amendments that have been offered by louder than words, no matter the lan- Mr. SALAZAR. Mr. President, I ask my friend from Oklahoma—it has been guage. I urge my colleagues to act to unanimous consent that reading of the also a time for me to reflect back to oppose the Inhofe amendment. amendment be dispensed with. the history of America and to the his- Mr. ENZI. Mr. President, I rise in The PRESIDING OFFICER. Without tory of my own family in this country. support of an amendment introduced objection, it is so ordered. My family came in and founded the by my colleague from Oklahoma, Sen- The amendment is as follows: city of Santa Fe in 1598, 408 years ago. ator INHOFE. At the appropriate place insert the fol- And the language that is still the lan- I firmly believe a common language lowing: guage of my home—the language still promotes unity among citizens and fos- Notwithstanding any other provision: spoken on our ranch 110 miles north of ters greater communication. Estab- SEC. 161. DECLARATION OF ENGLISH. Santa Fe—is still the spoken language lishing a national language would save English is the common and unifying lan- from the 12th and 13th centuries. It is the Government the expensive and guage of the United States that helps pro- a very old language. time-consuming task of preparing doc- vide unity for the people of the United I remember during those days when I uments in many languages. States. was a young man going to school in the A recent Zogby poll showed 84 per- SEC. 162. PRESERVING AND ENHANCING THE 1960s in Conejos County, in the south- cent of our population believes that ROLE OF THE ENGLISH LANGUAGE. ern part of Colorado, those who spoke English should be the official language The Government of the United States shall Spanish in our school were punished of our Government. Twenty-seven U.S. preserve and enhance the role of English as because of the fact they spoke Spanish. States have already made English the the common and unifying language of Amer- ica. Nothing herein shall diminish or expand I remember seeing the incident where official language, including Louisiana any existing rights under the law of the young people would have their mouths which agreed to it as a condition of United States relative to services or mate- washed out with soap because of the statehood. My home State of Wyoming rials provided by the government of the made English the official language of fact they happened to be speaking a United States in any language other than language other than English in the the State in 1996. Fifty-one nations English. also have English as their official lan- For the purposes of this section, law is de- public school. I have seen these kinds guage, but the United States does not. fined as including provisions of the U.S. of incidents through a lifetime of per- It is time that we have a clear state- Code, the U.S. Constitution, controlling judi- sonal experience. ment on our national language. cial decisions, regulations, and Presidential I think those kinds of incidents and This amendment also addresses the Executive Orders. those kinds of experiences run counter (b) CONFORMING AMENDMENT.—The table of to what America is all about. America important issue of English proficiency chapters for title 4, United States Code, is for new citizens. On May 15, 2006, Presi- becomes richer and stronger because of amended by adding at the Language of Gov- our diversity. We have learned through dent Bush addressed the Nation about ernment of the United States. the hard times of history that America the needed reform of our current immi- Mr. KENNEDY. Mr. President, I yield gration situation. He stressed the posi- is stronger when it stands together, 15 minutes to the Senator. when we find those issues that unite us tive role that the English language has The PRESIDING OFFICER. The Sen- for new citizens. Many improvements as opposed to those issues that divide ator from Colorado is recognized. us. need to be made to the current process Mr. SALAZAR. Thank you, Mr. that our new citizens go through. I am We found those issues that divided us President. in the Civil War and over half a million pleased that this amendment creates a Let me first say that the amendment set of goals for updates to the new cit- Americans died in that war. We found I send to the desk is sponsored as well izen exam. Some of the goals are dem- those issues that divided us in the era by Senators REID, DURBIN, BINGAMAN, onstration of sufficient understanding of segregation that led to Brown v. and KENNEDY. of English usage in everyday life and Board of Education and led to the Civil I would first like to start by reading an understanding of American common Rights Act of the 1960s. Those acts the amendment in its basic entirety. I values. These common values include were intended to bring us together as a think that it reflects what it is we are the principles of our U.S. Constitution, country. talking about in the Chamber this the Pledge of Allegiance, the National My fear is that the proposal which afternoon. My amendment reads as fol- Anthem, and the significance of our has been presented by my good friend lows: American flag. The goals will help new from Oklahoma will serve to divide citizens better understand our Nation English is the common and unifying lan- this country and not unite the country. and become productive members of our guage of the United States that helps pro- That is why the amendment I have vide unity for the people of the United society. offered, along with my colleagues, is States. intended to be an amendment that says Senator INHOFE’s amendment is a The government of the United States shall good strong statement in support of preserve and enhance the role of English as we believe the English language is the English as our national language and a common and unifying language of America. common language of the United States the importance of sharing this common Nothing herein shall diminish or expand any and that it is a unifying language of value with new citizens. I have worked existing rights under the law of the United the United States and we stand behind on legislation that would establish States relative to services or materials pro- that language as the common language English as the official language of the vided by the Government of the United of America. U.S. Government during my service in States in any language other than English. Let me also make a couple of obser- the Senate and in the Wyoming State That is the essential and substantive vations regarding Senator INHOFE’s Legislature, and I encourage all Sen- part of the amendment which we are amendment. ators to support this important amend- sponsoring today. First, when you read the language ment to the immigration reform bill. As I start to speak about this amend- itself and read the technical language The PRESIDING OFFICER. The Sen- ment, I want to say this amendment is of it, you have to ask yourself the ator from Colorado. a unifying amendment because it question: Why is that language there?

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.053 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4758 CONGRESSIONAL RECORD — SENATE May 18, 2006 You can read in the second part of the I believe the amendment which Sen- erations. It is a source of great pride to second page of his amendment essen- ator INHOFE has proposed will create serve with him. tially the language that says ‘‘no offi- division within the country. I think it He and I discussed this amendment. I cial will communicate, provide serv- is putting a finger on a problem that understand his passion and feeling ices, or provide materials in any lan- does not exist today. about it. But what I would like to do in guage other than English.’’ The statistics which Senator INHOFE a few minutes is take exactly the oppo- I know there have been exceptions cited, which are also cited by the Na- site view from the distinguished Sen- written into the language to try to ac- tional Council for Larussa, indicates ator from Colorado because I do not see commodate times and places where the that most Americans, including most how the United States of America can language other than English might Hispanics, speak English. The National be unified unless we have a national have to be spoken. Council for Larussa cites a GAO study language. That is all this is about. The We have to ask the question: Why is in which it was consistently found that Inhofe amendment is not an official the language written the way it is U.S. Government documents are print- English amendment. It is not an which says it is in these narrow, tai- ed in English only. In fact, less than 1 amendment to declare English the offi- lored exceptions where we will make percent of U.S. Government documents cial language of the United States, the exception that a language other are published in any language other which 27 States have done. It does not than English can be spoken? than English. require that all government documents It causes me concern because I am They also found that the English lan- even be printed in English. It could not exactly sure what that means. If I guage is not under attack in our coun- am a public official working in law en- have done that, but it doesn’t. try. In the U.S. census findings, they It simply says English is the national forcement for one of our Federal agen- language of the United States, period. cies, if I work for the U.S. Postal Serv- found that 92 percent of Americans had ice, or wherever I might work in any no difficulty speaking English. We also That is the first thing it says. Then it agency of the Federal Government, I found in poll after poll that immi- has a provision that talks about the might read the language that says offi- grants in America come because they importance of encouraging the learn- cials cannot communicate or provide want to learn English. They want to ing and understanding of English. Then it has a provision which, the materials in a language other than learn English. They want to assimilate way I read it, says that nothing pre- English. As someone who might not be into our society because they know vents the government from rendering a lawyer but a public servant serving that English is, in fact, a keystone to services in languages other than within the Federal Government, it opportunity. The Inhofe amendment does nothing English. might give me a signal—and I think it in terms of including or encouraging That would mean that in a whole va- would—and lots of our Federal employ- people to move forward and learn the riety of areas where the Congress last ees the signal that perhaps providing English language. We are already a made a decision—whether it is the services to the citizens of the United country that speaks English. Senator Civil Rights Act of 1964, the Voting States in a language other than INHOFE’s amendment does not do any- Rights Act of 1965, the Bilingual Edu- English is wrong and violative of the thing with respect to moving the cation Act of 1967, the provision that rule of law. Senator Robert Kennedy put into the They will not have the opportunity English language acquisition forward. that we have had today to go through Let me finally say that it is true law recognizing the unusual cir- the fine review of this legislation in there are many States that have made cumstances of Puerto Ricans who the way that we have, and even after English their official language. I be- moved from Puerto Rico to one of the having gone through that fine review lieve that English being made the offi- 50 States—or an Executive order by of this language there are still many of cial language is also a matter of States any President, this amendment us who have questions as to how this rights. It is true that in my State of wouldn’t change any of that. That is proposed amendment will take away Colorado, as well as in other States, the whole point of the amendment. It rights from the people of America. English has been adopted as the official is just to say this is our national lan- As I was listening to my friend from language of those particular States. I guage. Oklahoma speak about the importance believe we ought to leave it to the Then it says that someone does not of this amendment, one of the things States; let the States decide we are a have the right to sue to get services in he said is that he thought it was im- Federal system. I think States ought another language unless it is provided portant that we stand together in op- to decide the way we ought to go with by law. It doesn’t diminish a right al- posing national origin discrimination. respect to dealing with this issue. ready established by law. For sure, we can all agree in this Let me conclude by saying the It does one other important thing. It Chamber that we are not to discrimi- amendment which I have proposed, draws on the beginnings of an amend- nate against someone because they along with my colleagues, Senators ment by Senator SESSIONS about the happen to be Irish or French or if they REID, DURBIN and BINGAMAN, is an citizenship requirements that have happen to be of Mexican descent, what- amendment that would unify America been in our citizenship process. It seeks ever it is; we stand united in this coun- and not divide our country. to make those stronger. try’s belief in the proposition that we I hope my colleagues will join me in Senator SESSIONS is not the only one oppose any kind of discrimination supporting the amendment which we in this Senate interested in that. There based on national origin. Yet, it seems have offered and oppose the Inhofe is probably no one in this Senate more to me, from what I was hearing from amendment. interested in that than the distin- my friend from Oklahoma, that the I yield the floor. guished senior Senator from Massachu- same thing does not apply with respect The PRESIDING OFFICER. Who setts, who is not only interested in to language discrimination; if you hap- yields time? American history, but his family has a pen to speak a language other than Mr. INHOFE. Mr. President, I yield place in it. English, or if you happen, perhaps, to as much time as the Senator from Ten- We have worked together in a variety have an accent that indicates you may nessee requires. of ways to try to get a clearer under- be of a native tongue that is other than The PRESIDING OFFICER. The Sen- standing of U.S. history among our English, that perhaps discrimination ator from Tennessee. children, among our citizens—not be- on the basis of language then would be Mr. ALEXANDER. Mr. President, cause we want to punish them, but be- sanctioned under our law in America. first, let me say to my friend from Col- cause we have such a unique and di- That is not the American way. The orado that if we were to take all 100 of verse country that it is critical that we American way is to say that we are a us who are in the Senate, some of all understand these common unifying stronger country when we recognize whose families have been here for a principles which come from our his- the differences among us, when we tol- while, none of us, I would judge, have tory, including what we are debating erate those who are different among us, families who have been in the United today: rule of law, equal opportunity, and that we create a much stronger States for longer than Senator laissez-faire, E pluribus unum. We are country when we stand together. SALAZAR’s family—for 11, 12, or 13 gen- not pro-immigrant or anti-immigrant;

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.055 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4759 we just have four principles on which guage having been borrowed from work there should be because you have to be we all agree, and we are trying to put that Senator KENNEDY, Senator REID, I a citizen to vote and you have to dem- them together into a bill. Those are and others worked on, which tried to onstrate an eight grade understanding the things which unite us as a country, improve the citizenship test. This may of English to be a citizen. But that is along with one other thing, and that is not be an intention of the Salazar in the law and is not affected by this our common national language. amendment, but it does it. It takes out and neither would an Executive order. The second part of the Inhofe amend- the language that says the test should Mr. SALAZAR. I say to my friend ment has in it language to help im- mention the key documents, such as from Tennessee, not too long ago in the prove the citizenship exam that legal the Constitution, the Bill of Rights, Senate, we entered into a debate con- immigrants take to become citizens, of the Emancipation Proclamation, and cerning the nomination of Attorney which 514,000 did last year. It is good key events such as the American Revo- General Gonzales to be Attorney Gen- language, language which was in the lution, the Civil War, the world wars, eral of the United States. There were legislation Senator KENNEDY, Senator the civil rights movement, and the key Members of this Senate who came to REID, and I worked on with many oth- ideas and key persons. the Senate and spoke eloquently in ers a couple of years ago to help create Why is that important? Because we Spanish about why he should be con- summer academies for outstanding are not a nation based on race, we are firmed, including Senator MARTINEZ. teachers and students of American his- not a nation based on ancestors; we are Would the Inhofe amendment make it tory. We tried to define the history we a fragile idea based upon a few prin- illegal for that kind of activity to were talking about in the sense of key ciples and our national common lan- occur in the Senate? ideas, key documents such as the Dec- guage. So I prefer an amendment that Mr. ALEXANDER. Mr. President, I laration of Independence, the place has those provisions in there. That is say to my friend from Colorado, that is from which come our unified prin- the third reason. a preposterous question for what we ciples. The fourth, as I read it, suggests that are talking about and not really a suit- Here are the differences between the Executive orders issued by the Presi- able question for a serious proposal. amendment from the Senator from Col- dent are just like statutes. Constitu- This is a simple proposal which de- orado and the Senator from Oklahoma. tional lawyers would have a problem clares that English is the national lan- There are four differences. It is impor- with that. guage of the United States and that tant for colleagues to understand. A vote for the Inhofe amendment is a the Government of the United States Senator INHOFE’s amendment de- vote to say English is our national lan- should do whatever it can to encourage clares that English shall be the na- guage. It is a vote to say that those that. It does not change any right that tional language. The Senator from Col- who may not be here legally, but who anyone has today. It also includes a orado has taken out the word ‘‘na- eventually may be determined legal by strengthening of the citizenship test. tional.’’ He does not want it to say this legislation under some process, Anyone who understands the founding that. He says ‘‘common and unifying’’ should learn English on their way to documents knows that liberty is at the language. I prefer the wording of the citizenship. And finally, the amend- front of our unifying principles. Any Inhofe amendment because while ment includes a very good section that citizen has a right to speak in Spanish. English is our common language, it is helps to define the key ideas and A Senator, of course, does as well. This more than that. It is the common lan- events of our history for citizenship. has nothing to do with inhibiting any- guage of a number of countries, but Mr. SALAZAR. Would my friend one’s rights. It just declares that, un- English is also part of our national from Tennessee yield for a question? like Switzerland, unlike Canada, un- identity. It is part of our blood. It is Mr. ALEXANDER. I would be happy like Belgium, we have a common na- part of our spirit. It is part of what we to if we can do that on your time. tional language that is part of our are. It is our national language. That is Mr. SALAZAR. I would be happy to identity. We do not want to be based on one difference. do so on my time. Through the Chair, race. We do not want to be based on an- No. 2, the Salazar amendment does I ask the manager. cestry. We want to be unified by a few not include the provision that is in the Mr. KENNEDY. He is asking the things—the unifying principles and our Inhofe amendment that says that for question, and he wants to answer the national common language. all those people here illegally who may question on our time. I yield 5 minutes. So the answer is, of course not. become lawful and put on a path to The PRESIDING OFFICER. Without Mr. SALAZAR. Mr. President, in re- citizenship, which is the goal of the objection, it is so ordered. sponse to the colloquy I am having sponsors, it says those persons must Mr. SALAZAR. Mr. President, with my friend from Tennessee, it learn English. The Inhofe amendment through the Chair, I say to my friend seems to me this language could be strengthens that requirement. Cur- from Tennessee, there was an Execu- read that Senator INHOFE has proposed rently, in the underlying bill, it simply tive order issued on limited English to say that because we are a Govern- says they must be enrolled in school to proficiency and the importance of ment Chamber, since we do not have a learn English, and the Inhofe amend- reaching out to people who are limited law that proactively says—or a rule of ment strikes that, so those persons English proficient so they could recog- the Senate—that you can speak a lan- have to learn English in order to be nize and understand the language of guage other than English here, perhaps here lawfully. That is very important. the Government, an Executive order when we were speaking about Attorney This large number of 10 million or so dated August 11, 2000. General Gonzales, we would have been people who are here illegally is the Is the Senator’s reading of the Inhofe in violation of this exact provision if it source of most of the problems in this amendment that it would essentially stays in the same language. debate. If we are not going to send eviscerate the Executive order issued To continue my question to the Sen- them all home, which almost no one by then-President Clinton concerning ator, my friend from Tennessee, it was thinks will happen, then we either have limited English proficiency? not at all our intention in the drafting to put them on a path to citizenship or Mr. ALEXANDER. The answer to my of the amendment to take away any of lock in 10 million people in the United friend from Colorado is no. The elec- the requirements we have for people States who pledge allegiance perma- tion of a new President might change who come here under this immigration nently to another flag, which is some- an Executive order if the new President proposal to learn English or to go thing we have never done before. The modified or changed the Executive through the civics courses which are Inhofe amendment is preferable be- order. My understanding of Senator required now for the legislation that cause it helps make it easier for those INHOFE’s amendment, and he can speak has been included in here. So it is my 10 million to learn our national lan- for himself, is he does not seek to view that the Senator has misread the guage. Those are two differences. change any right now granted to any- amendment we have supported. The third difference is the Salazar one. Mr. ALEXANDER. Mr. President, if I amendment completely takes out the We can have a good debate about could have 4 more minutes. excellent work Senator INHOFE and whether there ought to be bilingual The PRESIDING OFFICER. The Sen- Senator SESSIONS did, much of the lan- ballots. In my opinion, I don’t think ator is recognized.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.057 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4760 CONGRESSIONAL RECORD — SENATE May 18, 2006 Mr. ALEXANDER. The differences I count of religion, race, language, color, All I am saying is, why are we writ- see in the two amendments are, No. 1, inability to speak, read, or write the ing into law a general rule that you are the Salazar amendment says no to English or the Spanish language except not entitled to communicate with your making English our national language. as may otherwise be provided in the Government or have your Government It uses another description. No. 2, it constitution. So the presumption is di- communicate with you in any language says no to the requirement that immi- rectly opposite to the Inhofe amend- other than English, except where we grants who are illegally here and who ment. provide for it? I think that is a mis- may be put on a path to citizenship The general rule in my State and in take. It is directly contrary to what should learn English before they go on my State’s constitution is that people my own State constitution does. It is that path to citizenship. And it says no shall not in any way be discriminated directly contrary to the sentiment be- to the provisions in the Inhofe amend- against in their dealings with the Gov- hind my State constitution. ment which improve the citizenship ernment by virtue of their inability to We have the Native American Lan- test, requiring those who become citi- speak English. And the Inhofe amend- guages Act where Congress specifically zens to learn the key events, key docu- ment says that the general rule is peo- found that there is convincing evidence ments, key ideas of our history. ple have no right to speak any lan- that student achievement and perform- The Inhofe amendment is well within guage or communicate with their Gov- ance and community and school pride the mainstream of 90 to 95 percent of ernment in any language other than and educational opportunity are tied to the thinking of the American people. It English unless we write a law saying respect for the first language of the is a valuable contribution. It is a re- they can. I think that is an unfortu- child or the student. And we talk there strained proposal. It does not seek to nate change in emphasis and change in about that Native American languages change any existing right that some- the law, which I cannot support. shall not be restricted in any public one might have to receive services Obviously, we have many court cases. proceeding. from the Government in some other And, I gather, under one of the excep- Well, you can say: OK, now, we have language. tions to the general rule that the already written a law that protects the Mr. INHOFE. Mr. President, I know Inhofe amendment contains, this might rights of Native American languages to the minority leader has several speak- be covered. But it has been well recog- be used in public proceedings. So that ers who want to speak. I also know nized, I believe, in our courts for a very is not a problem. that virtually everyone on our side is long time that it is a denial of due I do not know that I want to have to wanting to stay with the 4:15 vote. process to non-English-speaking per- have this Congress write a law to cover What I would like to do, of course, is sons if they are denied services and every circumstance that might arise encourage the minority leader to use communication and interpretation in where an American wants to commu- his leader time if necessary but go their own language when they are in nicate with his or her Government in ahead and allow anyone on the other criminal proceedings. some language other than English. I side to use time at this time. We have a provision, again, in my think it is a bad precedent for us. I I yield the floor. own State constitution which I think think it is contrary to the history of Mr. KENNEDY. I yield 10 minutes to is pretty close on this issue. It says: In my State. It is certainly contrary to the Senator from New Mexico. all criminal prosecutions the accused that. Mr. BINGAMAN. Mr. President, I shall have the right to appear and de- I hope very much we will resist this thank my colleague, Senator KENNEDY. fend himself in person, and by counsel, amendment. I think this is a non- I have been trying to figure out what to demand the nature and cause of the problem. I do not know why we are is, in my mind, objectionable to the accusation, to be confronted with the spending most of the day debating an Inhofe amendment. I think it comes witnesses against him, to have the issue of this type, except to say to peo- down to a very basic point; that is, the charges and testimony interpreted to ple who do not speak English: You are Inhofe amendment, the language, the him, and in a language that he under- not going to be entitled to the full operative language of the Inhofe stands. rights that other citizens are entitled amendment, is: Now, I know there is a Federal law to. . . . no person has a right, entitlement or that says the same kind of thing today. Clearly, that is true economically. claim to have the Government of the United So it falls under one of the exceptions We all know that. We all know you States or any of its officials or representa- that is provided for in the Inhofe cannot succeed economically in this tives act, communicate, perform or provide amendment. country in a full way unless you can services, or provide materials in any lan- Mr. INHOFE. Mr. President, will the speak English, and probably speak guage other than English. Senator yield? English with adequate proficiency. But That is the operative provision. And Mr. BINGAMAN. Mr. President, I am I do not think as a legal matter we then it says there are ‘‘exceptions.’’ glad to yield. need to be writing statutes into the The exceptions are where we have spe- Mr. INHOFE. You mentioned several Federal law that say if you are not cifically written laws which allow that things. I believe the last one you men- speaking English, you are entitled to or which provide for the providing of tioned was covered in the Court Inter- fewer rights, you are entitled to fewer information or communication in a preters Act of 1978. It does allow you to legal rights than other citizens are, language other than English. have that, and it is actually written and we want to remind you of it. Why is that objectionable? It is ob- into law. In fact, as to this amendment, it is jectionable to me because it is directly I would also suggest that these are very interesting, because it says: Look, contrary to the constitution of my already in law. This is not something even if you fall under one of these ex- State, the thrust of the constitution of that has to be done. ceptions—this interpreter’s exception my State. Mr. BINGAMAN. Right. or the Native American exception; the When New Mexico came into the Mr. INHOFE. Those protections are language where we have written a spe- Union in 1912, we had many more peo- specifically exempted on page 2. cific law—it says, if exceptions are ple in my State speaking Spanish than Mr. BINGAMAN. Mr. President, let made, that does not create a legal enti- we had speaking English. People were me reclaim my time and indicate I said tlement to additional services in that very concerned that the right of indi- that very thing. I am not disagreeing language or any language other than viduals in the State to speak either with the Senator from Oklahoma. He English. language would be preserved and that has pointed out there are legal provi- So we are saying: Look, the general no one be discriminated against by vir- sions that make an exception to his rule is, you have to speak to your Gov- tue of their inability to speak English. general rule, and the exception in this ernment and communicate with your We wrote a provision in our constitu- case is that you are entitled to have Government in English. We acknowl- tion which says that the right of any the Government provide interpretation edge there are exceptions where we will citizen of the State to vote, to hold of- when you are accused of a crime and allow you to use other languages, or fice, or to sit upon juries shall never be you are trying to defend yourself in the Government will agree to commu- restricted, abridged, or impaired on ac- court. nicate with you in other languages, but

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.058 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4761 we are going to be specific about what AMENDMENT NO. 4073, AS MODIFIED Government of the United States or any of those are. But let’s also remind you— Mr. SALAZAR. Mr. President, I ask its officials or representatives act, commu- this last sentence says—by making an unanimous consent that my amend- nicate, perform or provide services, or pro- exception and allowing you to have an ment be modified with the change that vide materials in any language other than English. If exceptions are made, that does interpretation into a language you can is at the desk. not create a legal entitlement to additional understand, we are not giving you a The PRESIDING OFFICER. Is there services in that language or any language legal entitlement. We are not, in any objection to the modification? other than English. If any forms are issued way, committing ourselves to do any- Without objection, it is so ordered. by the Federal Government in a language thing more. The amendment (No. 4073), as modi- other than English (or such forms are com- I do not know that is a very wel- fied, is as follows: pleted in a language other than English), the coming message to all these immi- At the appropriate place insert the fol- English language version of the form is the grants we are welcoming into our coun- lowing: sole authority for all legal purposes.’’. (b) CONFORMING AMENDMENT.—The table of Notwithstanding any other provision: try as part of this legislation. I think chapters for title 4, United States Code, is my State is a State that has a great SEC. 161. DECLARATION OF ENGLISH. amended by adding at the end the following: tradition of cooperation between the English is the common and unifying lan- ‘‘6. Language of the Government ...... 161’’. guage of the United States that helps pro- Native American community, the His- SEC. 767. REQUIREMENTS FOR NATURALIZATION. vide unity for the people of the United panic community, and the Anglo com- (a) FINDINGS.—The Senate makes the fol- States. munity. And we have been able to lowing findings: maintain that sense of cooperation by SEC. 162. PRESERVING AND ENHANCING THE (1). Under United States law (8 USC 1423 ROLE OF THE ENGLISH LANGUAGE. (a)), lawful permanent residents of the respecting each other’s languages, by The Government of the United States shall respecting the right of each person, United States who have immigrated from preserve and enhance the role of English as foreign countries must, among other require- each group, to use his or her language the common and unifying language of Amer- ments, demonstrate an understanding of the in whatever way they feel is appro- ica. Nothing herein shall diminish or expand English language, United States history and priate. I believe this amendment by any existing rights under the law of the Government, to become citizens of the Senator INHOFE would change that dy- United States relative to services or mate- United States. namic substantially. So I hope my col- rials provided by the Government of the (2). The Department of Homeland Security United States in any language other than is currently conducting a review of the test- leagues will agree with me, will oppose English. this amendment, will support the ing process used to ensure prospective For the purposes of this section, law is de- United States citizens demonstrate said Salazar amendment, and then I hope fined as including provisions of the U.S. knowledge of the English language and we can get on with more substantive Code, the U.S. Constitution, controlling judi- United States history and government for matters. cial decisions, regulations, and controlling the purpose of redesigning said test. There are a great many substantive Presidential Executive Orders. (b) DEFINITIONS.—For purposes of this sec- matters involved with this immigra- (b) CONFORMING AMENDMENT.—The table of tion only, the following words are defined: tion bill. This is an enormous, complex chapters for title 4, United States Code, is (1) KEY DOCUMENTS.—The term ‘‘key docu- amended by adding at the Language of Gov- piece of legislation which we ought to ments’’ means the documents that estab- ernment of the United States. lished or explained the foundational prin- be trying to understand and deal with AMENDMENT NO. 4064, AS FURTHER MODIFIED ciples of democracy in the United States, in- separate from this discussion about cluding the United States Constitution and English as the national language. Mr. INHOFE. Mr. President, I ask unanimous consent to modify the the amendments to the Constitution (par- Mr. President, I yield the floor. ticularly the Bill of Rights) the Declaration The PRESIDING OFFICER. Who amendment on page 2, to change the of Independence, the Federalist Papers, and yields time? word ‘‘official’’ to the word ‘‘national.’’ the Emancipation Proclamation. Several Senators addressed the The PRESIDING OFFICER. Is there (2) KEY EVENTS.—The term ‘‘key events’’ Chair. objection? Without objection, it is so means the critical turning points in the his- ordered. The amendment is so modi- tory of the United States (including the The PRESIDING OFFICER. The Sen- American Revolution, the Civil War, the ator from Massachusetts. fied. The amendment (No. 4064), as further world wars of the twentieth century, the Mr. KENNEDY. Mr. President, in civil rights movement, and the major court consultation with the floor manager— modified, is as follows: decisions and legislation) that contributed to this has been a good, important, and On page 295, line 22, strike ‘‘the alien—’’ extending the promise of democracy in constructive debate—we need a few and all that follows through page 296, line 5, American life. more minutes. And we asked the floor and insert ‘‘the alien meets the requirements (3) KEY IDEAS.—The term ‘‘key ideas’’ of section 312.’’. manager—— means the ideas that shaped the democratic On page 352, line 3, strike ‘‘either—’’ and institutions and heritage of the United Mr. INHOFE. Mr. President, let me all that follows through line 15, and insert States, including the notion of equal justice go ahead and respond. ‘‘meets the requirements of section 312(a) under the law, freedom, individualism, Mr. KENNEDY. Could I ask consent (relating to English proficiency and under- human rights, and a belief in progress. to get the time? standing of United States history and Gov- (4) KEY PERSONS.—The term ‘‘key persons’’ Mr. INHOFE. Mr. President, it is my ernment).’’. means the men and women who led the understanding the manager has agreed On page 614, after line 5, insert the fol- United States as founding fathers, elected of- to allow 45 more minutes for the other lowing: ficials, scientists, inventors, pioneers, advo- side; is that correct? SEC. 766. ENGLISH AS NATIONAL LANGUAGE cates of equal rights, entrepreneurs, and art- ists. Mr. SPECTER. Mr. President, that is (a) IN GENERAL.—Title 4, United States Code, is amended by adding at the end the (c) GOALS FOR CITIZENSHIP TEST REDE- correct. following: SIGN.—The Department of Homeland Secu- Mr. INHOFE. That is acceptable. rity shall establish as goals of the testing Mr. KENNEDY. Mr. President, I ask ‘‘CHAPTER 6—LANGUAGE OF THE process designed to comply with provisions GOVERNMENT unanimous consent for 45 additional of [8 U.S.C. 1423 (a)] that prospective citi- minutes. ‘‘Sec. zens: ‘‘161. Declaration of national language The PRESIDING OFFICER. Without (1) Demonstrate a sufficient understanding ‘‘162. Preserving and enhancing the role of of the English language for usage in every- objection, it is so ordered. the national language day life; Mr. INHOFE. Mr. President, one re- ‘‘§ 161. Declaration of national language (2) Demonstrate an understanding of Amer- quest I would have, if the Senator ‘‘English is the national language of the ican common values and traditions, includ- would yield for a moment. United States ing the principles of the Constitution of the Mr. KENNEDY. Sure. Yes. United States, the Pledge of Allegiance, re- Mr. INHOFE. Mr. President, when § 162. Preserving and enhancing the role of spect for the flag of the United States, the the national language Senator SALAZAR wants to make a cor- National Anthem, and voting in public elec- rection, I have a correction to make at ‘‘The Government of the United States tions; shall preserve and enhance the role of (3) Demonstrate an understanding of the the same time. We could do that right English as the national language of the history of the United States including the now, if you want to do it. United States of America. Unless otherwise key events, key persons, key ideas, and key The PRESIDING OFFICER. The Sen- authorized or provided by law, no person has documents that shaped the institutions and ator from Colorado. a right, entitlement, or claim to have the democratic heritage of the United States;

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.059 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4762 CONGRESSIONAL RECORD — SENATE May 18, 2006 (4) Demonstrate an attachment to the communications, such as those on dis- the majority of residents speak principles of the Constitution of the United aster preparedness, public health con- English. Even in my State, however, States and the well being and happiness of cerns, if there is an avian flu pandemic, there are many families who first came the people of the United States; and to English only? We have recently seen to America speaking only French. My (5) Demonstrate an understanding of the rights and responsibilities of citizenship in the extensive and effective reach of parents-in-law became proud American the United States. Spanish radio in this country. Would citizens. They spoke French at home, (d) IMPLEMENTATION.—The Secretary of we not want to employ that resource in and that was the first language of my Homeland Security shall implement changes a crisis? Do we really want to tie our wife. My grandparents emigrated from to the testing process designed to ensure hands and require Congress to pass a Italy speaking Italian. That was the compliance with [8 U.S.C. 1423 (a)] not later special statute every time health and first language of my mother until she than January 1, 2008. safety materials, for example, would be went to school. We are proud of that. The PRESIDING OFFICER (Mr. useful? In prior generations, we welcomed COLEMAN). The Senator from Vermont. We already have statutes that call large groups of Irish, Italians, Eastern Mr. LEAHY. Mr. President, I have for bilingual election materials to as- Europeans, and in recent years, immi- spoken several times in the course of sist language minorities in accordance grants and refugees from Africa, Asia this debate about my belief that immi- with our commitment to making par- and many other parts of the world. I grants should learn the English lan- ticipation in voting fair and meaning- wish my French was better. I wish my guage. In my experience, most new ful. We know that there are many cir- Latin was more polished. I wish I knew Americans want to learn our language cumstances in which effective access to more than a few words and phrases in and make efforts to do so as quickly as information requires communications Chinese and Spanish. possible. The bill that we are debating in many ways and many languages. On Monday night, the President calls for immigrants to learn English Would it not have been useful for the spoke eloquently about the need to as one of the several steps they must President to try to sell and explain the help newcomers assimilate and em- take before they can earn citizenship. Medicare drug benefit plan with all its brace our common identity. He spoke We can all agree that English should complications and permutations in of civility and respect for others and be the common language of the United many languages in order to reach the said that Americans are bound to- States, but by making English the ‘‘na- most possible beneficiaries? Do we gether by our shared ideals. These are tional’’ language, the Inhofe amend- really intend to require such obviously the messages we must send to the ment goes too far. The amendment was beneficial actions to need a special American people, not the divisive mes- modified to remove a ban on publishing statutory authorization? Should we re- sage of the Inhofe amendment. official documents in any language but view agency requirements to take I look around this Senate Chamber English. That was a good correction. In warnings in languages other than and engraved in the wall behind the many local communities and States it English off our airlines and auto- elevated desk and chair of the Presi- may well be useful and helpful for the mobiles and dangerous equipment? Are dent of the Senate are the words ‘‘E government to reach out to language we going to stop providing court trans- Pluribus Unum.’’ Every school child is minorities. Greater participation and lators and require all court pro- taught that expression, ‘‘out of many, information are good and appropriate ceedings, which are themselves official one’’ and what it means to our shared steps communities should be striving government proceedings, to occur in value of being the United States of for. We should not be mandating artifi- English, only to the detriment of fair- America. It points to an important cial and shortsighted restrictions on ness and justice? value from our history and today. It State and local government. Are we going to go back into the points to our struggle to become a na- I regret, however, that the amend- CONGRESSIONAL RECORD and scrub the tion of many people, of many States, ment continues to include language statements of Senators MARTINEZ and and of many faiths. What is wrong with that strongly discourages the use of others who have used Spanish here on our using Latin, as we traditionally other languages to inform residents the floor? If I recall correctly, the Sen- have and expressing our unity? and continues to treat those who speak ator from Oklahoma has spoken on this Latin expressions mark our official another language as second-class citi- floor in Spanish. Would this amend- currency and the reverse of the Great zens. We would do better to recognize ment make his use of Spanish illegal— Seal of the United States. The phrases our diversity and provide greater op- or does the Constitution’s ‘‘speech and ‘‘annuit coeptis’’ and ‘‘novus ordo portunities to those for whom English debate’’ clause mean that the rule that seclorum’’ are part of the official sym- is a second language to become more he is asking us to adopt applies to ev- bols of the United States. These expres- fluent. eryone else but not to Senators? sions are traced back to Virgil and a My mother spoke Italian as a child Now, the distinguished Senator from line from his instruction for farmers, and learned English when she went to Tennessee is on the Senate floor. It was which seeks the favor of God or Provi- school. My wife grew up in a family only a few weeks ago that we worked dence for our great endeavor to create that spoke French. She began speaking together to adopt the Alexander a nation unlike any that had come be- English when she started going to amendment to S. 2454, the immigration fore. The second Latin phrase is an- school. Both were helped throughout bill we debated in April. The text of other allusion to Virgil and notes our their lives by being completely and to- Senator ALEXANDER’s amendment is in- seeking a new order. tally bilingual as a result. cluded in S. 2611, the bill before us now. Our incorporation of languages other Mr. KENNEDY. Mr. President, if the The Alexander amendment created a than English does not stop there. Take Senator will yield, we are trying to grant program to promote the integra- a look at the flag of Connecticut with find out how much time the Senator tion of immigrants into our democracy the phrase ‘‘Qui transtulit sustinet’’; wants. by teaching civics, history and the the flag for Idaho that includes the Ten minutes, does that work? English language. phrase ‘‘Esto perpetua’’; the Kansas Mr. LEAHY. Mr. President, I tell the That is the right approach for Amer- flag that includes the phrase ‘‘ad astra distinguished Senator from Massachu- ica to take. The Inhofe amendment per aspera’’; the Maine flag that in- setts, I will have a total amount of 10 takes the opposite approach, the wrong cludes ‘‘Dirigo’’; the Massachusetts minutes. approach and has the effect of stigma- flag that includes the phrase ‘‘Ense Mr. KENNEDY. I thank the Senator. tizing those who grew up where Span- petit placidam sub libertate quietem’’; Mr. LEAHY. Mr. President, informa- ish or Chinese or other great languages the Michigan flag includes not only ‘‘e tion is vital and sometimes lives de- were spoken. It risks driving a wedge pluribus unum’’ but also ‘‘Circum- pend on it. Is it not in the interests of between communities. This is contrary spice,’’ ‘‘Si quaeris peninsulam all Americans to have every member of to our values and what we should be amoenam’’ and ‘‘Tuebor’’; the Missouri our society as well-informed on mat- seeking to accomplish with this impor- flag includes the phrase ‘‘Salus populi ters of health, safety and our democ- tant legislation. suprema lex esto’’; the flag of New racy as possible? Do we really want to I recognize that not every State is York includes the expression ‘‘Excel- restrict government publications and like my home State of Vermont, where sior’’; the Virginia flag includes the

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4763 phrase ‘‘Sic semper tyrannis’’; the flag cluding the ability to read, write or of the different States. This has noth- of West Virginia includes the phrase speak the English language. That is ing to do with that. Yes, I have made ‘‘Montani semper liberi’’; and the Wis- what we have said. That is underlined. probably five speeches on the floor in consin flag also includes the phrase ‘‘e That is what we are committed to. Spanish. Every time we did, I had to go pluribus unum.’’ Now we have this amendment which up and put it down in English for the I see the distinguished Presiding Offi- is effectively a limiting one. RECORD. I don’t mind that. This has cer, the Senator from Minnesota, and I In Albuquerque, NM, Catholic Char- nothing to do with that. As far as there thought I would include the flag from ities reports 1,000 people on their wait- being nothing in here encouraging peo- his own State. The flag of Minnesota ing list and a waiting time of 12 ple, if you look at section 767, this is includes a French language phrase be- months to learn English. Is there any- encouraging people and helping people fitting its history, ‘‘L’etoile du Nord.’’ thing in the Inhofe amendment that to learn the English language, a con- Do we in this Senate mean to demand will help those people? No, there is not. cept that 90 percent of Hispanics in that the States change their State In my hometown of Boston, there are America want. I just hope that anyone flags and State mottos to eliminate 16,000 adults on the ESL list waiting to listening realizes that these are excel- Latin and French? Do we really mean learn English. It is 2 to 3 years. Any- lent arguments, but they have nothing to frown on their use? Or is it only thing in the Inhofe amendment to help to do with this amendment. Spanish, a language derived from Latin those people who want to learn I yield the floor. that we wish to denigrate? In that case, English? No. There is nothing. In Phoe- The PRESIDING OFFICER. Who I remind the Senate that the State of nix, AZ, in the Rio Solado community, yields time? Montana includes on its flag the phrase over 1,000 are waiting 18 months. The Mr. KENNEDY. I yield 3 minutes to ‘‘oro y plata,’’ a Spanish phrase that list goes on. In New York, 12,000 are the Senator from California. The PRESIDING OFFICER. The Sen- serves as the State motto ‘‘gold and waiting. All of these individuals are waiting to study English. But does ator from California is recognized. silver.’’ Mrs. BOXER. Mr. President, Senator I remember how silly we looked a their amendment do anything about INHOFE and I have spoken about this couple of years ago when some in the that? No. We can’t help people to get to amendment. As I said to him when he House demanded that French fries be the point where English is their lan- first decided to offer it, is there any renamed ‘‘freedom fries.’’ Does this guage. question in anybody’s mind that in What did the 9/11 Commission say. It prohibition apply to Roman numerals, America we speak English, that that is said we lacked sufficient translators. It such as those included on the flag of the language of the country? If you ask Missouri? Does this body intend to em- also had a provision in the 9/11 Com- any person in this country, they will bark down that road? I hope not, I pray mission report that we ought to give say English. If you ask any foreigner, not. emphasis to other languages and that they will say English. So the question The PRESIDING OFFICER. The Sen- that was in our national security inter- is: Why do we have to say that English ator from Massachusetts. est. It is on page 415, developing a is the language that we speak in Amer- Mr. KENNEDY. Mr. President, I yield stronger language program with high ica? Are we that insecure about our- myself 10 minutes. standards. Do you think that is con- selves? Of course, it is. We are a nation I think those who have been listening sistent with the Inhofe amendment? Of of many who proudly keep their own to this debate understand what this course, it is not consistent with the culture. But, of course, English is our discussion is all about. On the one Inhofe amendment. language. hand, we have the amendment of the We have outlined the requirements in If we have to say that it is your lan- Senator from Colorado, which is effec- this legislation that have to be met. It guage, fine with me. Fine, I have no tively a way to unite all of us, and on is very clear that an understanding of problem with it. In other words, if the other hand, we have the Inhofe the English language, the ability to there are those who believe we have to amendment that is a way that is going read and write and to speak, that is the now tell people what they already to divide us. The language couldn’t be requirement, a restatement of the im- know, fine. But I want to do it in a way clearer. From the Salazar amendment: portance of developing and keeping that unites us, not in a way that sets English is the common and unifying lan- consistent with a common and unifying up some unintended consequences. guage that helps provide unity for the people language, which is English. I don’t un- Even though my friend from Oklahoma of the United States. derstand those who say that English is would not agree that there are unin- It is clear. a part of our national identity. Is that tended consequences, I think there are. Preserving and enhancing the role of the more a part of our national identity For example, he said he made five English language. The Government of the than our common commitment to lib- speeches on the floor of the Senate in United States shall preserve and enhance the erty or fairness or decency or oppor- Spanish. And he went and he trans- role of English as the common and unifying tunity? Are we going to say we are the lated them so they appeared in language of America. only ones who own those? Other coun- English. Did he go over and did he dub On the other hand, we have the tries don’t own those values; it just be- in the videotapes? Because the video- Inhofe amendment that has the state- longs to the United States? tapes will show the speech in Spanish. ment: The Salazar amendment states effec- Is he breaking the rule then by not Unless otherwise offered or provided by tively and well what we as a nation are going up and hiring someone to dub in law, no person has a right, entitlement, or committed to. It deserves to be sup- his words? What if there is an outbreak claim to have the Government of the United ported. It defines English as the com- of a pandemic and it is moving quickly States or any of its officials or representa- mon and unifying language, guarantees and there is no Federal law saying that tives act, communicate, perform or provide that nothing shall diminish existing you have to let people know in a series services, or provide materials in any lan- rights relative to services and mate- of different languages to protect our guage other than English. rials in a language other than English. people and we didn’t have time? We have had a debate about how that I urge my colleagues to reject the What if there is a terrorist attack, applies or whether it doesn’t apply, and Inhofe amendment and support the God forbid, and we are not even here, we have had a rather mixed debate. Salazar amendment. and we need to spread the word and I would be impressed if the Inhofe I yield 2 minutes to the Senator from there is no law, and we can’t come in amendment had provided some re- California. to pass a law. What is going to happen sources to help those who are limited The PRESIDING OFFICER. The Sen- then? And as my friend from Vermont English speaking to be able to learn ator from Oklahoma. said: Are we going to have to take the English. In the immigration legislation Mr. INHOFE. If the Senator from State flags out from an exhibit in the before the Senate, we have the require- California could hold off for a minute, basement because many of them have ment that no person, except otherwise I think we have heard some very elo- slogans in Latin? There are unintended provided in this title, can be natural- quent statements in opposition to an consequences. ized upon their application without un- amendment that doesn’t exist. We I know my friend tried hard to get us derstanding the English language, in- could stand up and talk about the flags all to unify, but I have to say, if that

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.062 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4764 CONGRESSIONAL RECORD — SENATE May 18, 2006 was what he wanted to do, Senator law. It is a punishment that is con- Government to interact with its people SALAZAR has put together an excellent sistent with a nonviolent offense. in a language other than English, it is amendment. English is the common Another condition is that you must not affected by this amendment, nor and unifying language of the United learn English. Why did we make that a does it prevent in the future the Gov- States that helps provide unity for the condition of coming out of the shad- ernment expanding those services in a people of the United States. That is a ows? I think Senator KENNEDY and language other than English. It says, beautiful statement. It says that every other person on that side of the also, there is no entitlement to a serv- English is our common language. But aisle—the Democratic side of the ice from the Federal Government in a he doesn’t set up an issue in his amend- aisle—understands that to require an language other than English, unless ment, which I have read very carefully, illegal immigrant to learn English is authorized by law. That is just a sim- that can have the unintended con- not unfair. If we thought it was unfair, ple, commonsense concept. sequence of coming back to bite us. His we should not have put it in the bill. We do business in this country at the particular amendment unifies us. I Why did we put it in the bill? We real- Federal level. We have programs at the thank the Senator for that very much, ize as a body the best you can do for Federal level that allow languages coming from a State that has great di- people coming out of the shadows is other than English to be utilized, in- versity, the great State of California. I challenge them and help them learn cluding the Voting Rights Act, which thank him for his hard work. English so they can be value added to allows bilingual ballots, and the Court I yield the remainder of my time to our country and they can survive in Interpreters Act of 1978, which provides the Senator from Massachusetts. our economy. for translations or interpretations of The PRESIDING OFFICER. The Sen- It is true that the Inhofe amendment other languages in Federal court. ator from Oklahoma. doesn’t provide any resources, nor does There are a lot of laws that allow the Mr. INHOFE. Mr. President, again, it the Salazar amendment. The reason Federal Government to provide serv- is a beautiful statement in opposition neither one provides resources to learn ices in languages other than English, to an amendment that doesn’t exist. English is that we have already done and this amendment protects those When the Senator from California that with my good friend, Senator AL- laws; it doesn’t change their status at talks about emergencies and an emer- EXANDER from Tennessee. We put a re- all. gency evacuation, I previously used the quirement on the undocumented illegal Now, to read this amendment to say example of California because I sus- immigrant to learn English but in a that some State flag has to be pected she might be coming down. That true American fashion. We have put changed—I will be honest with you, is, if there is an evacuation or some some resources—a $500 grant—on the that is not even an honest, fair inter- emergency, it can be done in Chinese so table which will help meet that obliga- pretation of the words as printed on the paper. It is not the intent of any- Chinatown can all evacuate. That is tion. one. It is something being said that is not a problem. Here is the important point. If you Yet when I spoke on the floor in fail to pass the English proficiency not rationally related to the words or Spanish, the only reason I had to trans- exam, you will be deported. Under the the intent of the author or the way the late it is because that is one of the bill, if you fail to pass the English pro- bill works. We are trying to preserve whatever legal rights there are to do rules of the Senate. It has nothing to ficiency exam—and I am probably the business in languages other than do with this bill. That would not be af- worst advocate in the country for the English that are in existence today, fected in any way. English language—you can be deported. I yield to the Senator from South That is not unfair. That is not too and maybe tomorrow, and we are try- Carolina 8 minutes. hard. That is just. So if you are willing ing to reinforce the role that English is Mr. GRAHAM. Mr. President, this is to make everybody come forward and our national language. If we don’t do a debate which you wonder why you learn English, and if they fail you are that, if we back off of that concept, are having it the more we talk about going to deport them, why can we not what signal are we sending to the peo- it. How did we get here from where we say as a body that the Government of ple we are willing to deport if they fail started? the United States shall preserve and to learn English? We cannot have it both ways. We Let me suggest that what Senator enhance the role of English as the na- need to take a strong stand for a cou- INHOFE was trying to do here is impor- tional language of the United States of ple of principles. If you want to assimi- tant. Senator BINGAMAN, my good America? If we are willing to deport late into American society, it is impor- friend from New Mexico—I disagree people for failing to learn English, tant that you learn English. How have with him that this is not that big a surely we should stand behind the con- we stood for that principle? If you deal in terms of its importance to the cept as a nation that it is in our best come out of the shadows and you fail bill or the debate. I think it is a very interest for people to learn English. the English exam, you are going to get Now, as to the unintended con- important part of the debate. I appre- deported. We are giving people money sequences, I have looked at this all ciate Senator INHOFE putting it on the to help them pass that exam, but we day, and I am of the belief that this floor of the Senate. We will talk about are not going to waive the requirement amendment, as written, preserves what I think the amendment does and that you learn English to be assimi- every legal opportunity avenue avail- does not do. Let’s talk about why it is lated for the 11 million undocumented important to the debate. able for the Federal Government to workers. I think it would help every- One thing we have to remember is interact with the people of the United body in this country if the Senate went that the underlying bill that came out States by issuing forms and documents on record and said that the policy of of Judiciary, the McCain-Kennedy con- in languages other than English. The this Government will be to preserve cept as changed by Hagel-Martinez, purpose is to say publicly that English and enhance the role of English in our which I support and I think is a good is our national language and that the society, and do it in such a way that solution for a real problem for Amer- Government shall preserve and en- understands that speaking other lan- ica, has as one of the provisions that if hance the role of English without hav- guages, having a different culture, is you will come out of the shadows and ing the legal consequence of rolling not a bad thing but a good thing. There you raise your hand and say: Here I back laws that are already on the is nothing in this amendment, in my am, I am undocumented, the bill allows books that allow the Government to opinion, that does away with any laws you a path to citizenship with several interact with its people, provide serv- that already exist or might exist in the requirements before you can ever apply ices in other languages. That is why future for a language other than for citizenship. One of those require- the term ‘‘unless otherwise authorized English. ments is that you come out of the or provided by law’’ is there. That The PRESIDING OFFICER. Who shadows, and for a 6-year period you means, simply put, if there is a law on yields time? can work here, and you have to pay a the books—a case decision, a regula- The assistant Democratic leader is $2,000 fine. I think that is fair. I don’t tion, an Executive order, you name the recognized. think that is being oppressive. That is source of law—or a constitutional pro- Mr. DURBIN. Mr. President, the making people pay for violating the vision that would allow the Federal Inhofe language in this amendment

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.063 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4765 contains two basic parts. In the first The date was November 12, 2003. Sen- Mr. INHOFE. Mr. President, would part, we can talk about changing a ator INHOFE came to the floor and gave the Senator yield? word or two, but we all basically agree his remarks to the Senate in Spanish. Mr. DURBIN. I would like to yield on on it. We basically agree that to be I was impressed. He is proficient in your time if you have a question. successful in America, you must speak Spanish, and I respect his skills in that Mr. INHOFE. I don’t have time. We English. I imagine there are people on language, which I do not share. I didn’t were very generous in giving you time, the margins of our society who survive understand what he said, but I re- I would remind you. without a command of English, but spected him for being confident enough Mr. DURBIN. Mr. President, I will that is where they will remain. It is to come to the floor and express him- yield for a colloquy for 1 minute, and rare that a person in America reaches self in the Spanish language. And then then I see that the minority leader is a level of success without a mastery of what happened was that the CONGRES- here. English. As I go about the State of Illi- SIONAL RECORD, which is printed every Mr. INHOFE. Mr. President, where in nois and the city of Chicago, where so day from our proceedings, included this bill does it say you can’t put those many people speak many different lan- Senator INHOFE’s speech in Spanish and signs up, or where does it say in this guages, it is well understood that his translation in English. They are bill that my speech that I made in learning English is the first step to- both part of the RECORD. Spanish would not be able to be in- ward becoming an American and be- But wait. Had Senator INHOFE’s cluded in the CONGRESSIONAL RECORD? coming successful in America. We amendment been in effect then—the Mr. DURBIN. Mr. President, I am don’t argue about that. one he wants us to vote for today—it glad the Senator asked that question There are different ways to charac- would have been illegal for our govern- because that is exactly the point of terize English as our language. I like ment to print the CONGRESSIONAL what I am saying. It is because of your the characterization of my colleague, RECORD with Senator INHOFE’s speech language in the amendment that Senator SALAZAR, who characterizes in Spanish. There is no statute which states, ‘‘Unless authorized or provided English as ‘‘our common and unifying creates the right of any Member to by law,’’ bilingual printing cannot be language.’’ It is that; it is our common come to the floor and speak in any lan- done, and it would be illegal. and unifying language. Senator INHOFE guage. Oh, it happens. Nobody objects We have done some quick research uses the words ‘‘our national lan- to it. They do their best to print those but there is no statute we have found guage.’’ But when you get down to it, speeches, but there is no law author- which says that when Members give there is no argument here about the izing it. So, if Senator INHOFE’s amend- speeches on the floor in foreign lan- basic premise. We agree on the basic ment had passed at that time, the guages, the government shall print premise. It is not as if it is just in speech which he delivered on the floor that speech in the foreign language in America. We know that the language of in Spanish, would not have been al- the CONGRESSIONAL RECORD. It isn’t aviation around the world is English. lowed to be printed and published by there. There is no authorization in law We know that the common universal the Government in the CONGRESSIONAL for the printing of your remarks in language in most places on the Inter- RECORD. Is that what we want to Spanish. And you tell us in the lan- net is English. That is a fact. So when achieve? Is that our goal? guage of your amendment that if not it comes to the first part of Senator Let me give you another practical ex- authorized by law, it cannot be done; it INHOFE’s amendment and that first ample. Near this U.S. Capitol is the fa- is illegal. part of Senator SALAZAR’s amendment, mous Potomac River. The Washington The point I am making is that the there is no dispute. If the debate ended Post ran a story 6 months ago. It said Senator started with a very positive there, we would have voted a long time that drowning deaths on the Potomac and important premise, that English is ago. But that is not where the debate River were down dramatically. Last our common and unifying language and ends. Senator INHOFE added several year, for the first time in 15 years, no that it should be preserved and en- sentences beyond that, which now take one drowned in the Potomac in the hanced by our Government. But the us into a legal thicket. Washington area. Park Rangers believe amendment then went too far. I think He argues that these are technical they know why: their new signs that I know why. I believe what he is really issues. They are not technical issues. warn swimmers and fishermen about aiming for is an Executive Order by They are issues about a person’s basic the river’s strong current and under- President Clinton. Some on his side rights in America. They are issues that tow. The new signs are printed in want to get rid of that. They don’t like really emanate from landmark legisla- English and in Spanish, the native lan- that Executive Order because that Ex- tion, such as the Civil Rights Act of guages of many new immigrants who ecutive Order, which is now being fol- 1964. This is not a technicality; it is the use the river to relax with their fami- lowed by our Government as law, says Civil Rights Act of 1964. People lit- lies or to fish. The Park Service posted that when it comes to basic Federal erally fought and bled and died for the the bilingual signs after they noticed services, we will help people who have passage of civil rights legislation. Be- that many recent drowning victims limited proficiency in English under- fore we casually cast aside some part of were also recent immigrants. So, is stand their rights and understand their the protection of that law, we should making this political statement in the responsibilities. I think that is reason- think about it long and hard. Inhofe amendment so important that able. I believe perhaps the Senator I look at the language Senator we wouldn’t want to provide safety for from Oklahoma sees it the other way. INHOFE brings to the floor and, on its those who are using the Potomac I see my leader is here on the floor. face, it appears to be easy to accept: River? It was considered to be a sen- Mr. INHOFE. If the gentleman will Unless otherwise authorized or provided by sible, rational thing to do: print the yield, colloquy goes two ways. Let me law, no person has a right, entitlement, or sign in both languages so people will be just respond. claim to have the Government of the United warned of the danger. Mr. DURBIN. I am sorry, I say to the States or any of its officials or representa- You have heard the arguments here Senator from Oklahoma, but it is my tives act, communicate, perform, or provide about the potential of avian flu. time. I will conclude by saying that in services or provide materials in any lan- Wouldn’t we want any dangers relative this situation, I urge my colleagues to guage other than English. to avian flu or some other epidemic to take a close look at these amendments. You would think if it is not author- be shared in enough languages so that I hope they will consider that the ized by law, that means the Govern- we all would be protected? Yet what Salazar amendment is really the more ment cannot communicate or provide Senator INHOFE has done is to create an positive statement that protects the materials in any language other than obstacle for those who are trying to rights of all Americans. It respects our English. How could that possibly come achieve public safety and public cultures, but it also makes it clear up? Well, let’s take one illustration. I health. that we have one common and unifying happened to be on the floor the day Why do we need to do this? Why do language in this country, and that is that Senator INHOFE of Oklahoma came we need to change the laws of America? English. to the floor in the midst of a debate on I don’t think we do. I think instead we Mr. INHOFE. Mr. President, just one a judicial nominee, Miguel Estrada. have an option which is much better. comment.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.072 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4766 CONGRESSIONAL RECORD — SENATE May 18, 2006 The PRESIDING OFFICER. The Sen- They speak fluent Spanish. I am very whether, Heaven forbid, it is avian flu ator from Oklahoma is recognized. proud of these young men. They have at some later time. Mr. INHOFE. First of all, I request acted as interpreters for me when I do I have served in the Congress of the that the minority leader not use lead- radio programs that are in Spanish. I United States with JIM INHOFE for ership time since he now has 45 more can remember once being so frustrated. many years, and we disagree on issues minutes than we have, but that is just I was a guest in a hotel. I had locked on occasion. But even though I believe a request. myself out of my room. There was a this amendment is unfair, I don’t in I would say this: We have a very lady pushing the cart, and I told her I any way suggest that JIM INHOFE is a short period of time to wind up. I would like to get back in my room. She racist. I don’t believe that at all. I just would have to say that all of these ri- did not know what I was saying. She believe that this amendment has, with diculous examples, such as the one the could not converse with me in Spanish. some people, that connotation—not Senator from Illinois just came up with So as luck would have it, here comes that he is a racist but that the amend- and the flag examples, have nothing to one of my sons. The minute he spoke to ment is. So I want to make sure the do with this amendment. It might be her in Spanish, her whole demeanor record is spread with the fact that I some other amendment that was re- changed. She became a different person have only the strongest, as I indicated ferred to. This merely recognizes and because, through my son, we could early on, affection for JIM INHOFE, the declares English to be our national lan- communicate. senior Senator from Oklahoma. guage. We have exceptions for anything I have a young man who works for Public safety. Mr. President, one of that is in there in law or would refer to me, an American citizen, of course, the earmarks I got a number of years anything else that is accepted. Frederico. Frederico comes from Puer- ago in our appropriations bill was for Mr. President, I would like to ask, to Rico. We were talking today after the Las Vegas Metropolitan Police De- how much time do we have remaining? this amendment had been laid down, partment because they needed police The PRESIDING OFFICER. There is and Frederico said it wasn’t long ago— officers who were fluent in Spanish. 8 minutes 9 seconds remaining. and these were his words—that a clean- Why? Because we have a large influx of The Democratic leader is recognized. ing lady, a janitor, was buying a home Spanish speakers coming to southern Mr. REID. Mr. President, English is here in Washington, DC. She had been Nevada, and the sheriff of Clark Coun- today, as I speak, the language of an American citizen for 10 years, doing ty believed he could do a better job America. In spite of the fact that in her best to become part of society. She with law enforcement if he had people Nevada, we have the beautiful Sierra was very concerned, though. She was who could communicate. And that is Nevada mountains; in Las Vegas, the buying a home. Maybe by some stand- true. That worked out very well. I be- meadows. In one of our counties, White ards the home wasn’t much, but to her, lieve funding for police could be af- Pine County, 200 miles from Las Vegas, it was her first home. She was so fected by this amendment if it passes. Ely, a longtime mining community, I frightened. She had papers; she Domestic violence is a perfect exam- can remember going there to the Slav couldn’t understand them. She asked ple. There is a lot of domestic violence, festival and being taken to the grave- Frederico if he would help her, and he and we need people who can speak the yard because in the days of early did that. She was able to buy the home. language that people understand. Kennecott, they had a section in that He also told me that he became ill— Reporting crimes—it is so important graveyard for Greeks, for Slavs, for very sick. He didn’t know what was that law enforcement has the ability to Italians. wrong with him. He speaks Spanish, understand when people report crimes. Today, as I speak, the language of and I don’t think I would embarrass In Nevada, 6 percent of the population America is English. Things have Frederico in saying that even today— is Asian American. We have now in Las changed around the world. If a person he is well educated, a longtime cit- Vegas a very large, burgeoning Chi- wanted to join the Foreign Service, izen—he still speaks with an accent, a nese-American community. One of my whether they were in England, the Hispanic accent, for want of a better former employees went from here to United States, or any country in South description. He speaks good English the district attorney’s office and is now America, to be in the diplomatic corps with a slight accent. He was so sick. He working for a private individual and/or of their country, they had to learn didn’t know what was wrong with him, company, building a big hotel in what French. That was the language of di- and he was afraid, when he went to the we call Las Vegas Chinatown. plomacy. Not anymore. It is English. hospital, the emergency room, he was I have been there. A lot of people The language used in diplomatic rela- afraid that he couldn’t communicate to there are not real good at speaking tions around the world is English. the health care workers what was English. We have to do everything we If I am a pilot and I am flying into wrong with him, and he asked: Is there can, whether people speak Chinese or National Airport, the air traffic con- anybody here who speaks Spanish? And whether they speak Spanish, to have troller is speaking English. If I am a there was—one of the nurses—and he them assimilated into our society. It is pilot and am flying into Lima, Peru, was able to communicate. He felt bet- good for all of us. One of my concerns the air traffic controller speaks ter and the emergency room personnel is that this will turn us back in the English. If I am a pilot flying into Mos- felt better because he could explain to wrong direction. cow, the air traffic controller in Mos- them what was wrong. I have said before, my wife is Jewish. cow speaks English. The language of I believe this amendment cuts the Her father was born in Russia. He flying is English. It applies to every heart out of public health and public learned to speak English as a little country in the world where they have safety. I gave you the example of the boy. He spoke good English. His par- an airport and they have air traffic emergency room. I don’t know all of ents didn’t. We know what happened in controllers. English is the language, the reasons that the Executive order years past. I have heard Senator and my distinguished friend, the Sen- was issued by the President. I think LEAHY, the ranking member of the Ju- ator from Oklahoma, knows that. He one reason is because of public health. diciary Committee, state on many oc- himself has flown around the world as It is so important for us, English casions that there were signs in his a pilot. speakers only, that when someone goes State of Vermont: No Catholics or I have affection for my friend from to get help and they are sick, that they Italians need apply for jobs. We know Oklahoma, but I have the greatest dis- are able to tell the health care per- that applied to people who emigrated agreement with him on this amend- sonnel everything they need to know from Germany. ment. While the intent may not be because it is important to me if, for ex- I think this turns us in the wrong di- there, I really believe this amendment ample, it is a communicable disease. rection. I think we should make sure is racist. I think it is directed basically So I believe we have to understand that people who are 911 operators can to people who speak Spanish. that this amendment would hurt public immediately switch to somebody who I have three sons who speak Span- health badly. We need people to be able can speak Spanish. I think what I did, ish—fluent Spanish. One of them lived to take their children, when they are to get a little extra money there for in Argentina for a couple of years, one sick, to a facility, whether it is for the metropolitan police department so lived in Ecuador, one lived in Spain. mumps that is going around now or we could have people who were fluent

VerDate Aug 31 2005 05:47 May 19, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.073 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4767 in Spanish, I think that is the right against the Chinese. Those laws which quence today, in terms of pointing out way to go. I am not too sure this were discriminatory did not help our issues and concerns with respect to the amendment wouldn’t stop that, or cer- country. They hurt our country. This Inhofe amendment, is very much appre- tainly slow it down. amendment is not going to help our ciated. Today, as I speak, the language of country, it is going to hurt our coun- I want to reiterate to my colleagues America is English. We want people to try. on the floor of the Senate today that I integrate, to learn English, but they By the very terms of this amend- am asking for your support for an need tools to do this no matter what ment, persons accused of crimes would amendment that will unify America, their native language. This amendment be denied the ability, I believe, to re- that will say that English is in fact the takes some of those tools away, and we ceive information material in their na- language of the land and that we will need all of those tools. tive language to assist in their own de- work to make sure English is the com- The fastest growing component of fense. This clearly violates the due mon language of America. I am also adult education in America today is process clause of the fifth amendment here to ask my colleagues to vote English as a second language. This will of our Constitution. against the amendment of Senator slow that down. This amendment im- I have talked about public health. INHOFE because I am concerned about pacts English speakers, reporting of This amendment will stand in the way the unintended consequences that will crimes, reporting of diseases, involve- of efforts made to facilitate the trans- flow from the proposal which Senator ment in commerce. Next, is it going to mission of vital information necessary INHOFE has offered. impact upon the right to vote? for the receipt of health care and pub- Let me say there can be no doubt at This amendment is divisive. We lic safety, including informed consent all that English is, in fact, the unifying should be here to unify our country, by non-English-speaking patients. language of America. In my own State not divide it by ethnicity or language Doctors need this. Health care work- of Colorado, as I look at some of the differences. I rise in strong opposition ers need this. This undermines our Na- statistics on the number of people who to this amendment. Everyone who tion’s public health and safety. are waiting in long lines to learn speaks with an accent knows that they The foregoing things I have talked English, it is an incredibly long line. In need to learn English as fast as they about are not exclusive. There are the five-county Denver-Metro area, can. Success in America means the many more areas, public service and adult ESL programs working with the ability to speak English. That is the public safety, that will be negatively Department of Education have 5,000 way it is now. We don’t need this impacted by this amendment, hurting people enrolled in those programs. amendment. Speaking English is crit- all Americans in the process. I hope we They have a waiting list that is up to ical to the functioning of anyone in our all support civic integration, but this 2 months, because there are so many country. It is the language of our Gov- amendment is not the way to do it. people in the Denver metropolitan area ernment, of our Nation, and as I have Why don’t we spend more money so who want to learn English. indicated before, air traffic controllers we can educate more people who want This debate is not about the and diplomacy. This amendment, I be- to learn English? We are short of endangerment of English in America lieve, is unconstitutional. It raises se- money. We have programs that are cut today. People in America understand rious concerns that American citizens every day. That is the way it is in Ne- that we conduct our business in could lose some of their rights. vada and around the country. That is English, that we are conducting our This amendment directly conflicts where we should be directing our ef- business in the Senate today in with several provisions of Federal law, forts. That brings people together. English. The people of America under- I believe, that guarantee the right of That is good for all of us. This does not stand that the keystone to opportunity non-English-speaking students to learn bring people together. It makes it far is learning the English language, and English in our public schools. Does this more likely that we will end up with you need not look any further than the amendment apply to a Presidential civic exclusion, including the denial of number of people who are enrolled in order, an Executive order? Does it rights they should have to millions of educational classes, trying to learn apply to a city ordinance? A county or- U.S. citizens. English to know they understand that dinance? A State statute? What does it I hope we reject this amendment. It very fact. apply to? Federal law. is bad policy. It is un-American. It The concern with the amendment of This amendment conflicts with provi- turns back the clock on the substantial Senator INHOFE is that you are going to sions of Federal law that require lan- gains that language minority citizens have unintended consequences that guage materials or assistance to be have made. I hope that there will be a will flow from the language of the provided to voters in some areas of resounding vote against this. amendment. Many of my colleagues non-English languages, where there is I have no problem going home today have spoken about those unintended evidence of educational discrimination and telling the people of the State of consequences. I want to focus on one resulting in high illiteracy and low reg- Nevada: English is the language of particular aspect of that which I find istration turnout. America. We are not going to change to be very un-American and that is the One of the problems we are having all that with this amendment. This is divi- fact that when you allow for discrimi- over America is children dropping out sive, it is mean spirited. I think it is nation to occur on the basis of national of school. This amendment will not the wrong way to go. origin, on the basis of race, on the help that. Do we benefit by children Mr. President, I also want to express basis of gender, on the basis of lan- dropping out of school? Of course not. my appreciation to the manager of the guage, that we are taking a step back- Don’t we want high voter turnout? bill and Senator INHOFE for giving me ward in the progress that America has Don’t we want people to vote? This is extra time. We had not enough time made. None of us wants to revisit what going to slow that down, people asking over here, and it was gracious of him to has happened in the history of America to register to vote. allow us the extra time. as we have moved forward as a nation There has been substantial evidence The PRESIDING OFFICER. Who to become a much more inclusive na- of harassment, intimidation, even vio- yields time? The Senator from Colo- tion and a nation that celebrates the lence against language minority vot- rado. diversity that makes us a strong na- ers. This provision makes a blatant Mr. SALAZAR. Mr. President may I tion. None of us wants to revisit the violation of the 14th and 15th amend- inquire as to how much time is left? latter half of the last century, when ments and criminal provisions of the The PRESIDING OFFICER. There re- segregation was sanctioned under the Voting Rights Act more likely to mains 12 minutes 45 seconds. law until 1954, and until the Civil occur. Look at history. In Nevada, Chi- Mr. SALAZAR. How much is left on Rights Act. None of us want to move nese who came over to build the rail- the other side? back into those dark days of American roads, the transcontinental railroad, The PRESIDING OFFICER. They history. were treated like animals. There were have 8 minutes 7 seconds. Yet the fact remains today we still laws passed, State laws, county ordi- Mr. SALAZAR. Mr. President, I have some of that discrimination that nances, local ordinances promulgated thank Senator REID and state his elo- exists in our society. We have example

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.075 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4768 CONGRESSIONAL RECORD — SENATE May 18, 2006 after example, personal examples we doing is arguing all sorts of unusual guage. If they were not, they would can cite about people who have been ways against an amendment that no vote for the Inhofe amendment. First, the victims of language discrimination. one has proposed. it declares that if you have any rights When we elevate one language, in the Let me say what Senator INHOFE’s now, you will still have them after the manner that Senator INHOFE has at- amendment does. It declares English as Inhofe amendment passes. It requires tempted to do in his amendment, above the national language of the United those who are here illegally but want every other language, what will happen States. We are free to say whatever we to become citizens to learn English as an unintended consequence of his want, speak whatever we want, but it rather than just enroll in school. And amendment is that you will usher in, is our national language. Specifically, it beefs up the U.S. history require- in my judgment, a new era of language the Inhofe amendment says it doesn’t ment in a way the Senate has pre- discrimination in America. I do not be- prevent those receiving Government viously approved. lieve that ushering in a new era of lan- services in another language from The Democratic leader talked about guage discrimination in America is doing so, whether authorized by law or how nice it would be for someone to something that will be helpful to us as by Executive order or by regulation. call 9–1-1 and get a Spanish-speaking we struggle in this 21st century to That is No. 1. The Salazar amendment, voice. It wouldn’t have been so nice to make sure that we maintain the in contrast, does not say English is our the 200,000 new citizens from Asia who strongest America, the strongest Na- national language. That is the first came in last year because they do not tion possible in our world. point. speak Spanish. That is why we have a I ask people, those of you who are The second thing is the Inhofe common language. concerned about language discrimina- amendment would say that those who My goal is that every child in Amer- tion in America, to vote against the are illegally here, who might become ica be bilingual or even multilingual. amendment of Senator INHOFE on that legal under this law and get on a path But one of those must be to learn point. to citizenship, would have to actually English, and every child should learn it Let me conclude by saying that the learn English rather than just enroll in as soon as possible. We have a common amendment we have proposed today school. Anyone can sign up and not language because we are a land of im- talks about the importance of English learn anything. Senator SALAZAR’s migrants. It is our national language. and the importance of unifying Amer- amendment doesn’t do that. A vote for the Inhofe amendment is a vote for our national language. It is a ica through the English language. I be- A third reason Senator INHOFE’s vote to leave everyone’s rights to re- lieve we can work together. I believe amendment is better, in my opinion, is ceive services in other languages ex- that will require the immigrants to it has some excellent language that actly where they are today. It is a vote whom we are trying to address the im- would improve the citizenship test that to say that those who might be here il- migration reform package to learn new citizens take, including the key legally today but who seek to become English. It is important that they ideas, key documents, and key events citizens must learn English, and it is a learn English. of our history that we all agree on, and vote to beef up our U.S. history tests As I conclude my portion of this dis- which we voted unanimously on a cou- which are required of those coming cussion, I think back to a mother and ple of years ago in another piece of leg- into this country and applying for citi- a father who in the 1940s were part of islation. If you believe English is our national zenship. that greatest of generations fighting For generations, we have helped peo- language and don’t want to interfere for the freedom of America—a father in ple in this country learn English. We with any existing law or right, if you World War II as a soldier, and a mother do so even further in the underlying want new citizens who might be ille- at the age of 20 speaking Spanish but bill with new $500 grants. It should be coming to Washington to work in the gally here today to learn English as a a simple statement to say that English Pentagon. They were victims of lan- part of that path to citizenship, and if is our national language, that we have guage discrimination. That generation you want a better American history a national motto, a national pledge, a was a victim of language discrimina- test for new citizens, the Inhofe amend- national oath. tion. They would have had maybe the ment is preferable. Then why struggle to come up with same opportunities I have had if they I think a lot of this debate is about reasons not to make English our na- had been part of an America that fully unity versus diversity. That is the tional language? understood they would be treated the struggle. It is a real struggle in this I yield the floor. same as those who speak languages country. Mr. INHOFE. Mr. President, I think other than English. But I do not want Some on the other side of the aisle it is very obvious what is going on us to go back in the history of our said this is unimportant. It might be to here. It has been 23 years since we have country to a place where we are dark- them, but it is not to me, nor is it to had a chance to vote on it. It probably ened again by that discrimination most Americans. I think it is at the will be the last time most Members— which existed in the 1940s or the 1950s. center of this whole discussion about maybe all of the Members in this My fear is that the amendment that what we are doing with immigration. If Chamber—will have a chance to vote to my good friend from Oklahoma is offer- the American people got any whiff that make English the national language. ing today will open the door once again we thought having a national motto or Those who are offering this amend- to that history of discrimination, a national anthem or a national pledge ment today don’t want English to be which I find very pernicious. of allegiance or a national language the national language. They use the I yield the floor. was unimportant to us, I think they word ‘‘common,’’ the common lan- The PRESIDING OFFICER. Who would throw us all out because most guage. yields time? people know that our diversity is a Those opposing this amendment want Mr. INHOFE. Mr. President, I yield 5 magnificent strength—we are a land of an entitlement to have the Federal minutes to the Senator from Ten- immigrants—but our greater strength Government provide for language, serv- nessee. is that we have turned that all into one ices, and materials. They can do it The PRESIDING OFFICER. The Sen- country. now. If you pass this bill, they can still ator from Tennessee is recognized for 5 Iraq is diverse, and Bosnia is diverse. do it. It is just not mandatory. It is not minutes. Are they better places for that? They something that can’t be done; it Mr. ALEXANDER. I thank the Sen- haven’t been able to unite themselves doesn’t have to be done. They say that ator. I thank the Presiding Officer. into one country. How did we do that? national origin equates to language. Mr. President, I have been listening Partly because of these unifying prin- Their claims are consistently refuted to the Democratic leader and col- ciples which we debate here with re- by the Federal Government, the most leagues struggle to come up with some spect for one another, and through our recent one being in 2001, the Sandoval reason we shouldn’t declare that national language. case. English is our national language. They No matter what they say, the oppo- The opponents of this don’t want peo- are having a very difficult time doing nents of this amendment are reluctant ple learning English but instead being that. In fact, what they have been to say that English is our national lan- served in foreign languages.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.076 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4769 I think it is interesting that the word English can bring us together it from New Mexico, the Senator from Il- ‘‘racist’’ was used. I just wish the peo- shouldn’t pull us apart. We must re- linois, they fall into that category. ple here knew what has happened in member that our country was founded This is going to answer the question the past and what I have been involved by immigrants from around the world. for a lot of people out there saying: in in my State of Oklahoma. This is Their contributions to this Nation Why can’t we have this as our national not the time to repeat what I said ear- have made it great. My own great- language? lier. But the bottom line is I received grandparents were immigrants from It has been 23 years since we had our the highest award given by the His- Poland. Their desire to seek a better last vote. You can’t have it both ways. panic community in the city of Tulsa. life for them and their children is the I wouldn’t want anyone here to be I started the first Hispanic community part of the American dream. under the misconception that they commission, and it is now a model for It is ridiculous. I don’t think people could vote for my amendment and then the Nation. are going to buy into it. turn around and vote for the Salazar Mr. LEAHY. Mr. President, I thank I agree with my friend from Ten- amendment because that would com- the Senator from Colorado for his nessee. If they are looking, searching pletely negate our amendment. amendment. He is a Senator who con- for things to object to, they are not This is your last chance to vote to tinues to demonstrate his interest and going to find it in this bill. make English the national language. ability in bringing us together rather The racist thing, it is interesting. If When we listen to the National An- than seeking to drive wedges between you will look at polling data in 2002, them: O, say can you see, by the dawn’s us. We can all agree that English the Kaiser Family Foundation poll early light . . . bombs bursting in air should be the common language of the says 91 percent of foreign-born Latino . . . gave proof through the night that United States. His is a good suggestion immigrants agree that learning the flag was still there . . . the land of for an alternative that I will support. English is essential to succeed in the the free, and the home of the brave— In many local communities and States, United States. that is not an official anthem, that is it may well be useful and helpful for Just 2 months ago, the Zogby poll not a common anthem, that is the na- the Government to reach out to lan- found that 84 percent of Americans, in- tional anthem. guage minorities. Greater participa- cluding—this is significant—77 percent This is our last chance to have tion and information are good things. of Hispanics, believe that English English as the national language for We should not be mandating artificial should be the national language. That America. and shortsighted restrictions on State is only 2 months ago—77 percent of the Mr. KENNEDY. Mr. President, I will and local government. Hispanics. take 1 minute. I think it is an insult to the Spanish I have spoken in the course of this Patriotism doesn’t belong to a polit- to say we are not going to have English debate about my belief that immi- ical party or any individual. The as a national language because they grants should learn the English lan- Salazar language is very clear. English are not capable of operating and suc- guage. In my experience, most new is the common unifying language of ceeding in a country like this. They are Americans want to learn our language the United States. It helps provide dead wrong. and make efforts to do so as quickly as unity for the American people, pre- In terms of people criticizing us for possible. The bill that we are debating serving and enhancing the role of the wanting to make this the national lan- calls for immigrants to learn English English language. It couldn’t be clear- guage, 51 countries have done it. Isn’t as one the several steps they must take er. that interesting? Fifty-one countries before they can earn citizenship. Let us not distort and misrepresent I certainly understand why the Mexi- have made English their national lan- the amendment that is before us. can American Legal Defense and Edu- guage, except for us. Twenty-seven I ask unanimous consent that it be in cation Fund, the Asian American Jus- States out of fifty States already have order to ask for the yeas and nays on tice Center, the Lawyer’s Committee it on a State basis. the Salazar amendment and the Inhofe for Civil Rights, the National Council When you go to your townhall meet- amendment. of La Raza, the National Association of ings, it is not even a close call. This Latino Elected and Appointed Officials comes up every time I go to a townhall The PRESIDING OFFICER. Without Educational Fund and others have been meeting in Oklahoma: Why don’t we objection, it is so ordered. concerned about the Inhofe amend- have English as a national language? Mr. KENNEDY. I ask for the yeas and ment. I share their concerns. I strongly Now I hope they understand why, if nays on the Inhofe amendment. support the efforts of the Senator from they have seen this debate today, and The PRESIDING OFFICER. Is there a Colorado to find a common ground to the dialogue that is going on, pulling sufficient second? unite us rather than divide us and out of the air very eloquent statements There is a sufficient second. The strongly support his alternative that might be referring to some bill question is on agreeing to the amend- amendment. someone may want to introduce some- ment. The clerk will call the roll. Ms. MIKULSKI. Mr. President, I rise day, or some amendment. It is cer- The bill clerk called the roll. today in support of Senator SALAZAR’s tainly not this amendment. Mr. MCCONNELL. The following Sen- amendment. English is one of the com- I look at this and wonder, and I ators were necessarily absent: the Sen- mon bonds that bring Americans to- shake my head. What have you been ator from Kentucky (Mr. BUNNING) and gether. Just as a new immigrant must reading? It has nothing to do with this. the Senator from Florida (Mr. MAR- learn the monetary currency of a coun- Our amendment does not prohibit TINEZ). try, new immigrants must learn the so- using language other than services, or Further, if present and voting the cial currency the English language. Im- any other Government services in lan- Senator from Kentucky (Mr. BUNNING) migrants need to learn English so they guages other than English. It doesn’t and the Senator from Florida (Mr. can be successful and contribute to prohibit it at all; it allows it. It doesn’t MARTINEZ) would have voted ‘‘yea.’’ their new country. That is why current prescribe and say you have to do it. Mr. DURBIN. I announce that the law already states that anyone becom- There is no prohibition of giving Medi- Senator from West Virginia (Mr. ing a U.S. citizen is required to learn care services or any other Government ROCKEFELLER) is necessarily absent. English. services in a language other than The PRESIDING OFFICER. Are there Yet as immigrants are learning English. This amendment simply says any other Senators in the Chamber de- English, we need to be able to provide there is no right unless Congress has siring to vote? them with critical information in a explicitly provided that right. The result was announced—yeas 63, language they can understand. What if If you read page 2 of the bill, it very nays 34, as follows: there was an avian flu outbreak? What specifically says ‘‘unless otherwise au- [Rollcall Vote No. 131 Leg.] if there was another terrorist attack? thorized or provided by law.’’ That is YEAS—63 Or a hurricane? Our first priority is to the exception. In every one of these ex- Alexander Baucus Brownback make sure they are safe in any lan- amples that have come up—from the Allard Bennett Burns guage. Senator from California, the Senator Allen Bond Burr

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.077 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4770 CONGRESSIONAL RECORD — SENATE May 18, 2006 Byrd Frist Nelson (FL) NAYS—39 (Purpose: To establish a grant program to Carper Graham Nelson (NE) Alexander DeMint Lugar provide financial assistance to States and Chafee Grassley Pryor Allard Dole McConnell local governments for the costs of pro- Chambliss Gregg Roberts Allen Ensign Roberts Coburn Hagel Santorum viding health care and educational services Bennett Enzi Santorum Cochran Hatch Sessions to noncitizens, and to provide additional Bond Frist Sessions Coleman Hutchison Shelby funding for the State Criminal Alien As- Burns Grassley Shelby Collins Inhofe Smith sistance Program) Burr Gregg Smith Conrad Isakson Snowe Chambliss Hatch Stevens On page 259, line 23, strike ‘‘section 286(c)’’ Cornyn Johnson Specter Coburn Hutchison Sununu Craig Kyl Stevens and insert ‘‘section 286(x)’’. Cochran Inhofe Talent Crapo Landrieu Sununu On page 264, strike line 13, and insert the Cornyn Isakson Thomas DeMint Lincoln Talent following: Craig Kyl Thune DeWine Lott Thomas ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— Crapo Lott Vitter Dole Lugar Thune ‘‘(1) ESTABLISHMENT.—There Dorgan McCain Vitter NOT VOTING—3 On page 264, strike line 20, and insert the Ensign McConnell Voinovich following: Enzi Murkowski Warner Bunning Martinez Rockefeller ‘‘218A and 218B. The amendment (No. 4073), as modi- NAYS—34 ‘‘(2) STATE CRIMINAL ALIEN ASSISTANCE PRO- fied, was agreed to. GRAM ACCOUNT; STATE HEALTH AND EDUCATION Akaka Feinstein Mikulski Mr. DURBIN. Mr. President, I move ASSISTANCE ACCOUNT.— Bayh Harkin Murray Biden Inouye Obama to reconsider the vote. ‘‘(A) STATE CRIMINAL ALIEN ASSISTANCE Bingaman Jeffords Reed Mr. SPECTER. I move to lay that PROGRAM ACCOUNT.— Boxer Kennedy Reid motion on the table. ‘‘(i) ESTABLISHMENT.—There is established Cantwell Kerry Salazar The motion to lay on the table was within the State Impact Aid Account a State Clinton Kohl Sarbanes Criminal Alien Assistance Program Account. Dayton Lautenberg agreed to. Schumer ‘‘(ii) DEPOSITS.—Notwithstanding any Dodd Leahy Mr. SPECTER. Mr. President, we are Stabenow Domenici Levin other provision under this Act, there shall be Wyden now ready to proceed with an amend- Durbin Lieberman deposited in the State Criminal Alien Assist- LINTON Feingold Menendez ment by Senator C and a side- ance Program Account 25 percent of all by-side by Senator CORNYN, with a half amounts deposited in the State Impact Aid NOT VOTING—3 hour equally divided. At the conclusion Account, which shall be available to the At- Bunning Martinez Rockefeller of those 2 votes, we will discuss the torney General to disburse in accordance business for the remainder of the with section 241(i). The amendment (No. 4063), as further evening. ‘‘(B) STATE HEALTH AND EDUCATION ASSIST- modified, was agreed to. Mr. KENNEDY. Mr. President, we in- ANCE ACCOUNT.— Mr. KENNEDY. Mr. President, what tend to support that as soon as we get ‘‘(i) ESTABLISHMENT.—There is established is now before the Senate? within the State Impact Assistance Account a chance to see the Cornyn amend- a State Health and Education Assistance Ac- The PRESIDING OFFICER (Mr. ment. May we see that before the Sen- count. CORNYN). The question is on agreeing ator makes that request? Is that pos- ‘‘(ii) DEPOSITS.—Notwithstanding any to amendment No. 4073, offered by the sible? other provision under this Act, there shall be Senator from Colorado, Mr. SALAZAR. The PRESIDING OFFICER. The ma- deposited in the State Health and Education The yeas and nays have been ordered. jority leader is recognized. Assistance Account 75 percent of all amounts deposited in the State Impact Aid Account. The clerk will call the roll. Mr. FRIST. Mr. President, while they are looking at that amendment, the ‘‘(3) STATE IMPACT ASSISTANCE GRANT PRO- The legislative clerk called the roll. GRAM.— plans will be that in about 30 to 45 min- ‘‘(A) ESTABLISHMENT.—Not later than Jan- Mr. MCCONNELL. The following Sen- utes we will have 2 rollcall votes, and ators were necessarily absent: the Sen- uary 1 of each year beginning after the date then we will keep amendments going, of enactment of the Comprehensive Immi- ator from Kentucky (Mr. BUNNING) and and we will be voting tonight. We will gration Reform Act of 2006, the Secretary of the senator from Florida (Mr. MAR- do at least several other amendments. Homeland Security, in cooperation with the TINEZ). I will let the chairman speak to that. Secretary of Health and Human Services (re- Further, if present and voting, the We plan on having two votes tomorrow ferred to in this paragraph as the ‘Sec- Senator from Kentucky (Mr. BUNNING) morning. We don’t know exactly what retary’), shall establish a State Impact As- would have voted ‘‘nay’’ and the Sen- sistance Grant Program, under which the time. I expect us to be able to debate Secretary shall award grants to States for ator from Florida (Mr. MARTINEZ) those. I ask that whatever amendments use in accordance with subparagraph (D). would have voted ‘‘yea.’’ they be, we debate them tonight so we ‘‘(B) AVAILABLE FUNDS.—For each fiscal Mr. DURBIN. I announce that the can vote as early as possible tomorrow year beginning after the date of enactment Senator from West Virginia (Mr. morning. of this subsection, the Secretary shall use 1⁄2 ROCKEFELLER) is necessarily absent. Mr. SPECTER. Mr. President, I think of the amounts deposited into the State The PRESIDING OFFICER (Mr. we are now prepared to go to Senator Health and Education Assistance Account under paragraph 2(B)(ii) during the preceding SANTORUM). Are there any other Sen- CLINTON and then Senator CORNYN, with 30 minutes equally divided. year . ators in the Chamber desiring to vote? ‘‘(C) ALLOCATION.—The Secretary shall al- The PRESIDING OFFICER (Mr. The result was announced—yeas 58, locate grants under this paragraph as fol- nays 39, as follows: CHAFEE). The Senator from New York lows: is recognized. ‘‘(i) NONCITIZEN POPULATION.— [Rollcall Vote No. 132 Leg.] AMENDMENT NO. 4072 ‘‘(I) IN GENERAL.—Subject to subclause (II), YEAS—58 Mrs. CLINTON. Mr. President, I call 80 percent shall be allocated to States on a Akaka Durbin Mikulski up amendment No. 4072, and I ask for pro-rata basis according to the ratio that, Baucus Feingold Murkowski its consideration. based on the most recent year for which data of the Bureau of the Census exists— Bayh Feinstein Murray The PRESIDING OFFICER. The Biden Graham Nelson (FL) ‘‘(aa) the noncitizen population of the Bingaman Hagel Nelson (NE) clerk will report. State; bears to Boxer Harkin Obama The legislative clerk read as follows: ‘‘(bb) the noncitizen population of all Brownback Inouye Pryor The Senator from New York [Mrs. CLIN- States. Byrd Jeffords Reed TON BAMA OXER Cantwell Johnson ], for herself, Mr. O , Mrs. B , Mr. ‘‘(II) MINIMUM AMOUNT.—Notwithstanding Reid Carper Kennedy SALAZAR, and Mr. SCHUMER, proposes an the formula under subclause (I), no State Salazar Chafee Kerry amendment numbered 4072. shall receive less than $5,000,000 under this Clinton Kohl Sarbanes clause. Schumer Mrs. CLINTON. Mr. President, I ask Coleman Landrieu ‘‘(ii) HIGH GROWTH RATES.—Twenty percent Snowe unanimous consent that further read- Collins Lautenberg shall be allocated on a pro-rata basis among Specter Conrad Leahy ing of the amendment be dispensed the 20 States with the largest growth rate in Dayton Levin Stabenow with. noncitizen population, as determined by the DeWine Lieberman Voinovich The PRESIDING OFFICER. Without Dodd Lincoln Warner Secretary, according to the ratio that, based Domenici McCain Wyden objection, it is so ordered. on the most recent year for which data of the Dorgan Menendez The amendment is as follows: Bureau of the Census exists—

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.020 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4771 ‘‘(I) the growth rate in the noncitizen pop- On page 371, line 4, strike ‘‘(B) 10 percent’’ To which fees are we referring? Well, ulation of the State during the most recent and insert the following: there is a $500 fee for immigrants who 3-year period for which data is available; ‘‘(B) 10 percent of such funds shall be de- participate in the guest worker pro- bears to posited in the State Impact Aid Account in gram. Right now, that fee is not ‘‘(II) the combined growth rate in noncit- the Treasury in accordance with section izen population of the 20 States during the 3- 286(x); marked for any purpose, and the funds year period described in subclause (I). ‘‘(C) 5 percent simply go to the Treasury. My amend- ‘‘(iii) FUNDING FOR LOCAL ENTITIES.—The On page 371, line 8, strike ‘‘(C) 10 percent’’ ment directs this $500 fee into the Secretary shall require recipients of the and insert ‘‘(D) 5 percent’’. State impact assistance account. Addi- State Impact Assistance Grants to provide Mrs. CLINTON. Mr. President, I ask tionally, the underlying bill imposes a units of local governments with not less unanimous consent that Senators $2,000 fee for the undocumented immi- than 70 percent of the grant funds not later grants to participate in the path to le- than 180 days after the State receives grant SALAZAR and SCHUMER be added, along funding. States shall distribute funds to with Senators OBAMA and BOXER, as co- galization program spelled out in title units of local government based on dem- sponsors of this amendment. VI of the bill, plus imposes an addi- onstrated need and function. The PRESIDING OFFICER. Without tional fine that is left to the Depart- ‘‘(D) USE OF FUNDS.—A State shall use a objection, it is so ordered. ment of Homeland Security to deter- grant received under this paragraph to re- Mrs. CLINTON. Mr. President, as has mine later. Eighty percent of these turn funds to State and local governments, become abundantly clear from the de- funds go to border security; 20 percent organizations, and entities for the costs of bate on the floor, immigration is a go to processing and administrative providing health services and educational Federal responsibility. As this debate services to noncitizens. costs related to the undocumented. ‘‘(E) ADMINISTRATION.—A unit of local gov- has shown, for too long the Federal My amendment does not touch the 80 ernment, organization, or entity may pro- Government has neglected its duty. percent going to border security. In- vide services described in subparagraph (D) My amendment addresses one of the stead, it takes half of the processing directly or pursuant to contracts with the clearest examples of this neglect be- fees—in other words, 10 percent of the State or another entity, including— cause our failed national immigration $2,000 fee and the yet-to-be, unspecified ‘‘(i) a unit of local government; policy has left our State and local gov- fine by DHS—and redirects that money ‘‘(ii) a public health provider, such as a ernments to bear the brunt of the cost away from Federal Government admin- hospital, community health center, or other appropriate entity; of immigration. Our schools, our hos- istration to this fund which will help ‘‘(iii) a local education agency; and pitals, our other State and local serv- State and local governments get reim- ‘‘(iv) a charitable organization. ices are being strained. bursed. ‘‘(F) REFUSAL.— Obviously, this is a problem in many This still leaves about $1 billion for ‘‘(i) IN GENERAL.—A State may elect to communities and not just in border processing and administrative costs at refuse any grant under this paragraph. communities. Throughout our country the Federal level. What happens with ‘‘(ii) ACTION BY SECRETARY.—On receipt of and in my State, there are counties this money? Pursuant to my amend- notice of a State of an election under clause and municipalities that are covering ment, 25 percent goes to the State (i), the Secretary shall deposit the amount of the grant that would have been provided to the costs of dealing with education, Criminal Alien Assistance Program, the State into the State Impact Assistance health care, and law enforcement with- known as SCAAP, to pay for the cost of Account. out adequate or any Federal reimburse- detention which our State and local ‘‘(G) REPORTS.— ment. So we have left our local and governments incur. ‘‘(i) IN GENERAL.—Not later than March 1 of State governments to fend for them- Each year, the SCAAP program is each year, each State that received a grant selves. They should not be left to bear underfunded. A 2005 GAO study docu- under this paragraph during the preceding these costs alone because it is not they ments that State and local govern- fiscal year shall submit to the Secretary a ments get only 25 percent of their costs report in such manner and containing such who are making Federal immigration information as the Secretary may require, in policy. reimbursed through this program. A re- accordance with clause (ii). This amendment does several things. port indicates that my State of New ‘‘(ii) CONTENTS.—A report under clause (i) It helps finally provide adequate sup- York received even less—21 percent of shall include a description of— port for State and local governments. their costs were compensated in 2002 ‘‘(I) the services provided in the State How? Well, it not only appropriates the and 24 percent in 2003. The remaining using the grant; State Criminal Alien Assistance Pro- 75 percent of the money collected from ‘‘(II) the amount of grant funds used to gram funding to our States, but it es- the fees deposited in the State Impact provide each service and the total amount available during the applicable fiscal year tablishes a program that provides fi- Assistance Account would go to States from all sources to provide each service; and nancial assistance to State and local and localities to pay for the cost of ‘‘(III) the method by which the services governments for the cost of health and providing health and education serv- provided using the grant addressed the needs educational services related to immi- ices to noncitizens. This money is allo- of communities with significant and growing gration. cated among the States in accordance noncitizen populations in the State. Money is allocated to our States in with a funding formula based on the ‘‘(H) COLLABORATION.—In promulgating accordance with a funding formula size and recent growth of the States’ regulations and issuing guidelines to carry based on the size and recent growth of out this paragraph, the Secretary shall col- noncitizen population. laborate with representatives of State and the State’s noncitizen population. The Now, to ensure that the funds actu- local governments. State must then pass the funds on to ally get to the counties and cities and ‘‘(I) STATE APPROPRIATIONS.—Funds re- local governments and other entities don’t sit in State governments, my ceived by a State under this paragraph shall that need the money for reimburse- amendment also requires that at least be subject to appropriation by the legisla- ment. Here is how this program would 70 percent of those funds be passed on ture of the State, in accordance with the be funded, because the amendment does to localities within 180 days of the terms and conditions described in this para- not appropriate any new funds or im- States receiving the money. States can graph. pose any new fees on immigrants. retain the remaining 30 percent to help ‘‘(J) EXEMPTION.—Notwithstanding any other provision of law, section 6503(a) of title Funding is drawn solely from existing offset their own costs related to immi- 31, United States Code, shall not apply to fees already in the underlying bill. gration. funds transferred to States under this para- The underlying bill creates a State I think this amendment helps us fix a graph. impact assistance account at the problem I care a lot about as I travel ‘‘(K) DEFINITION OF STATE.—In this para- Treasury, but it does not direct any around my State. Our local commu- graph, the term ‘State’ means each of— money into that account. It is an nities have a tradition in New York of ‘‘(i) the several States of the United empty account with no State purpose. being very welcoming. We are a State States; My amendment would direct certain that is not only built on immigrants ‘‘(ii) the District of Columbia; fees that already exist in the under- but very proud of that, as the Statue of ‘‘(iii) the Commonwealth of Puerto Rico; ‘‘(iv) the Virgin Islands; lying bill into the account and then Liberty in New York Harbor so elo- ‘‘(v) American Samoa; and provide for the disbursement of the col- quently says. But the costs of immigra- ‘‘(vi) the Commonwealth of the Northern lected funds to State and local govern- tion have steadily increased, and the Mariana Islands.’’. ment. Federal Government’s neglect has

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.022 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4772 CONGRESSIONAL RECORD — SENATE May 18, 2006 strained local and State government gal aliens are more than $520 million a On page 370, line 21, strike ‘‘this sub- budgets. I think if we pass any kind of year. section’’ and insert ‘‘paragraphs (2) and (3)’’. immigration reform and we don’t take All States—New York, Texas, and all On page 371, between lines 14 and 15, insert the following: into account the strains on the budget 48 other States—bear the burden of un- ‘‘(5) STATE IMPACT ASSISTANCE FEE.— on State and local governments, we funded mandates providing for the ‘‘(A) IN GENERAL.—In addition to any other will not have done our job. health and education of undocumented amounts required to be paid under this sub- This amendment also helps State and aliens because we have failed to en- section, an alien shall submit, at the time local governments not only recoup force our immigration laws. Again, the the alien files an application under this sec- some of their expenditures, but it un- Federal Government is twice culpable. tion, a State impact assistance fee equal to— derlines a message to communities No. 1, it imposes these costs on local ‘‘(i) $750 for the principal alien; and that they are working together, they taxpayers and local government; and ‘‘(ii) $100 for the spouse and each child de- scribed in subsection (a)(2). welcome people who work hard and No. 2, the very reason why they are in- ‘‘(B) USE OF FEE.—The fees collected under who make a contribution and will be curred is because of the Federal Gov- subparagraph (A) shall be deposited in the on the path to earned legalization. ernment’s failure to secure our borders State Impact Assistance Account established So I hope this amendment will be and enforce our immigration laws. under section 286(x). supported. It has support from the Na- The Federal Government requires, On page 389, between lines 6 and 7, insert tional Immigration Law Center, the under the IMTALA act, that hospitals the following: National League of Cities, the National treat every person, irrespective of their ‘‘(3) STATE IMPACT ASSISTANCE FEE.— Association of Counties, and the Na- ‘‘(A) IN GENERAL.—In addition to any other immigration status. But then Congress amounts required to be paid under this sub- tional Conference of State Legisla- fails to secure the border and our local section, an alien seeking Deferred Manda- tures. hospitals have become overrun. So tory Departure status shall submit, at the I think our laws can be both fair and while the Government requires hos- time the alien files an application under this strict. I think we can have laws which pitals to treat everyone, the Govern- section, a State impact assistance fee equal don’t shut the doors of America to peo- ment then fails in its own responsi- to $750. ple who want to make a contribution bility to secure the borders or reim- ‘‘(B) USE OF FEE.—The fees collected under and at the same time don’t really pro- burse those health care providers for subparagraph (A) shall be deposited in the vide disincentives to communities to State Impact Assistance Account established carrying out their federally mandated under section 286(x). be part of that welcoming tradition. obligations. On page 389, between lines 21 and 22, insert Balancing all of the interests in this The bill before the Senate fails to re- the following: debate is not easy, but I appreciate the imburse States for the costly burden ‘‘(3) STATE IMPACT ASSISTANCE FEE.— efforts that are being made on this placed upon their health care system ‘‘(A) IN GENERAL.—In addition to any other floor to wrestle with this difficult prob- and education system by undocu- amounts required to be paid under this sub- lem. I hope we will also send a message mented immigrants. For example, re- section, the spouse and each child of an alien to local communities that we are here seeking Deferred Mandatory Departure sta- cent reports are that 70 percent of the tus shall submit a State impact assistance to help them because they don’t set im- children born at Parkland Hospital in fee equal to $100. migration policy, they don’t enforce Dallas, TX, are born to undocumented ‘‘(B) USE OF FEE.—The fees collected under immigration laws, but they are often immigrants. subparagraph (A) shall be deposited in the left holding the bag for the costs that What will my amendment do? The State Impact Assistance Account established flow because we haven’t done our job. current Senate bill does not reimburse under section 286(x). So I hope that this amendment finds State and local governments for health On page 395, after line 23, add the fol- favor in this body and we send a mes- lowing: care and education costs related to the (e) STATE IMPACT ASSISTANCE ACCOUNT.— sage to our local executives and legis- millions of undocumented immigrants. Section 286 (8 U.S.C. 1356) is amended by in- latures around our country that we are While the underlying bill creates a serting after subsection (w) the following: going to send them some help to be State impact assistance account for fu- ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— part of a comprehensive immigration ture temporary workers, it is an un- ‘‘(1) ESTABLISHMENT.—There is established solution. funded account. The Cornyn amend- in the general fund of the Treasury a sepa- The PRESIDING OFFICER. The Sen- ment would impose a surcharge on any rate account, which shall be known as the ‘State Impact Assistance Account’. ator from Texas is recognized. illegal alien who applies for legal sta- Mr. CORNYN. Mr. President, I con- ‘‘(2) SOURCE OF FUNDS.—Notwithstanding tus under this bill. any other provision under this Act, there gratulate the Senator from New York AMENDMENT NO. 4038 shall be deposited as offsetting receipts into on her amendment. One of the greatest Mr. President, at this time I ask the State Impact Assistance Account all scams the Federal Government has unanimous consent to set aside the State impact assistance fees collected under ever imposed upon taxpayers across the current amendment and to call up section 245B(m)(5) and subsections (j)(3) and country is unfunded Federal mandates, (k)(3) of section 245C. amendment No. 4038 and ask for its im- and education costs and health care ‘‘(3) USE OF FUNDS.—Amounts deposited mediate consideration. costs imposed by the Federal Govern- into the State Impact Assistance Account The PRESIDING OFFICER. Without ment on local taxpayers without reim- may only be used to carry out the State Im- objection, it is so ordered. The clerk pact Assistance Grant Program established bursement is not only unfair, it is a will report. under paragraph (4). scandal. The legislative clerk read as follows: ‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO- The estimated annual costs to hos- GRAM.— The Senator from Texas [Mr. CORNYN] pro- pitals and other emergency providers ‘‘(A) ESTABLISHMENT.—The Secretary of poses an amendment numbered 4038. of health care nationwide for undocu- Health and Human Services, in consultation mented immigrants or illegal aliens, Mr. CORNYN. Mr. President, I ask with the Secretary of Education, shall estab- which is mandated but not reimbursed unanimous consent that further read- lish the State Impact Assistance Grant Pro- by the Federal Emergency Medical ing of the amendment be dispensed gram (referred to in this section as the ‘Pro- Treatment and Labor Act, is $1.45 bil- with. gram’), under which the Secretary may The PRESIDING OFFICER. Without award grants to States to provide health and lion a year. According to congression- education services to noncitizens in accord- ally commissioned research, the annual objection, it is so ordered. The amendment is as follows: ance with this paragraph. cost to just 24 border counties in my ‘‘(B) STATE ALLOCATIONS.—The Secretary State and in New Mexico and Cali- (Purpose: To require aliens seeking adjust- of Health and Human Services shall annually fornia exceeds $200 million a year. Tex- ment of status under section 245B of the allocate the amounts available in the State ans spend more than $4 billion annu- Immigration and Nationality Act or De- Impact Assistance Account among the ferred Mandatory Departure status under States as follows: ally on education for the children of il- section 245C of such Act to pay a supple- legal immigrants and their U.S.-born ‘‘(i) NONCITIZEN POPULATION.—Eighty per- mental application fee, which shall be used cent of such amounts shall be allocated so siblings. About 12 percent of Texas to provide financial assistance to States that each State receives the greater of— schoolchildren in K through 12 are chil- for health and educational services for ‘‘(I) $5,000,000; or dren of undocumented immigrants. noncitizens) ‘‘(II) after adjusting for allocations under Texas health care expenditures for ille- On page 264, strike lines 13 through 20. subclause (I), the percentage of the amount

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.083 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4773 to be distributed under this clause that is process provided for under the under- The PRESIDING OFFICER. The Sen- equal to the noncitizen resident population lying bill and another 10 percent for ator from Pennsylvania. of the State divided by the noncitizen resi- other uncovered administrative costs. Mr. SPECTER. Mr. President, I ask dent population of all States, based on the In other words, there is an 80–20 split of unanimous consent that we proceed to most recent data available from the Bureau the $2,000 that are paid by undocu- of the Census. rollcall votes on the Clinton amend- ‘‘(ii) HIGH GROWTH RATES.—Twenty percent mented immigrants at the time they ment at 6:20, to be followed by a roll- of such amounts shall be allocated among regularize their status, in contrast call vote on the Cornyn amendment, the 20 States with the largest growth rates with the Clinton amendment—the Sen- with the Cornyn amendment being a in noncitizen resident population, as deter- ator from New York provides essen- 10-minute vote. mined by the Secretary of Health and tially an 80, 10, and 10 split, with 80 per- The PRESIDING OFFICER. Without Human Services, so that each such State re- cent of the money going for border se- objection, it is so ordered. ceives the percentage of the amount distrib- curity, 10 percent going to a State im- The Senator from New York. uted under this clause that is equal to— pact fund, and 5 percent each for the Mr. SCHUMER. I was just going to ‘‘(I) the growth rate in the noncitizen resi- administrative costs. In other words, speak for 5 minutes on the amendment dent population of the State during the most rather than an 80–20 distribution, the recent 3-year period for which data is avail- that Senator CLINTON and I and others able from the Bureau of the Census; divided Senator from New York sets aside 10 have introduced. by percent for the State impact fund, and Mr. KENNEDY. Can I get 30 seconds ‘‘(II) the average growth rate in noncitizen then retains an additional 10 percent to at the very end? resident population for the 20 States during pay for the administrative costs. Mr. SCHUMER. I would ask for 5 such 3-year period. The difference between the Cornyn minutes. I ask unanimous consent I ‘‘(iii) LEGISLATIVE APPROPRIATIONS.—The amendment and the Clinton amend- speak for 5 minutes, and Senator KEN- use of grant funds allocated to States under ment is this: The Clinton amendment NEDY proceed for 1 minute immediately this paragraph shall be subject to appropria- takes money away from the program tion by the legislature of each State in ac- thereafter. that administers this immigration re- Mr. SPECTER. Reserving the right cordance with the terms and conditions form bill in order to pay the State and under this paragraph. to object, how much time does Senator ‘‘(C) FUNDING FOR LOCAL GOVERNMENT.— local taxpayers under the impact fund. CORNYN have left? I don’t think most of our colleagues ‘‘(i) DISTRIBUTION CRITERIA.—Grant funds The PRESIDING OFFICER. There is received by States under this paragraph are familiar with this, but actually the no division of time. shall be distributed to units of local govern- $2,000 that is required to be paid under Mr. SCHUMER. I will take 31⁄2 min- ment based on need and function. this bill is not paid at the time that il- utes. I don’t mind. ‘‘(ii) MINIMUM DISTRIBUTION.—Except as legal aliens get a H–2C card and remain provided in clause (iii), a State shall dis- Mr. CORNYN. I was under the im- in the country for approximately 6 pression there was 15 minutes allotted tribute not less than 30 percent of the grant years, pending their application for a to Senator CLINTON and 15 minutes to funds received under this paragraph to units green card or legal permanent resi- of local government not later than 180 days me, a total of 30 minutes. dency. It is only at the time they apply after receiving such funds. The PRESIDING OFFICER. That for their green card or legal permanent ‘‘(iii) EXCEPTION.—If an eligible unit of agreement was not entered. local government that is available to carry residency that money is due. So for 6 Mr. SPECTER. We are talking about years, they are able to stay in the out the activities described in subparagraph how much Senator CORNYN needs and (D) cannot be found in a State, the State country with an H–2C card without how much Senator SCHUMER needs. We does not need to comply with clause (ii). paying a penny, while continuing to could delay the votes a bit. How much ‘‘(iv) UNEXPENDED FUNDS.—Any grant funds impose financial burdens on local tax- time does Senator CORNYN need? distributed by a State to a unit of local gov- payers for health and educational costs Mr. CORNYN. I would be happy with ernment that remain unexpended as of the that are unreimbursed. Under my pro- end of the grant period shall revert to the 5 more minutes total. posal, they will get money right away State for redistribution to another unit of Mr. SPECTER. I amend the unani- as the money and costs are being in- local government. mous consent request to give 5 more curred and not some 6 to 8 years later. ‘‘(D) USE OF FUNDS.—States and units of minutes to Senator CORNYN, 5 minutes local government shall use grant funds re- Finally, under my proposed fee, to Senator SCHUMER, and that would ceived under this paragraph to provide which is a surcharge paid, $750, at the health services, educational services, and re- very time that a person enters in the bring us to 6:25, at which point I ask lated services to noncitizens within their ju- system, not waiting 6 years when they unanimous consent that we have roll- risdiction directly, or through contracts apply for their green card. By paying call votes on Senator CLINTON, then a with eligible services providers, including— $750 a person and an additional $100 for rollcall vote on Senator CORNYN, with ‘‘(i) health care providers; each family member, this will generate the second vote to be 10 minutes. ‘‘(ii) local educational agencies; and The PRESIDING OFFICER. Without ‘‘(iii) charitable and religious organiza- about $7.5 billion in money for this State Impact Fund as opposed to ap- objection, it is so ordered. tions. The Senator from New York is recog- ‘‘(E) STATE DEFINED.—In this paragraph, proximately $1.3 to $1.5 billion under the term ‘State’ means each of the several the Clinton amendment. nized. States of the United States, the District of Just by way of comparison, in 1986 Mr. SCHUMER. Mr. President, I rise Columbia, the Commonwealth of Puerto when the U.S. Congress granted am- in support of the amendment sponsored Rico, the Virgin Islands, Guam, American nesty to 3 million undocumented immi- by my colleague, Senator CLINTON, co- Samoa, and the Commonwealth of the North- grants, it set aside $4 billion in tax- sponsored by a number of us on this ern Mariana Islands. payer money to help reimburse the side. I commend her efforts to address ‘‘(F) CERTIFICATION.—In order to receive a States for these uncompensated costs. a very important component of the im- payment under this section, the State shall In other words, $4 billion for 3 million migration debate. provide the Secretary of Health and Human This amendment is going to provide Services with a certification that the State’s undocumented immigrants to regu- proposed uses of the fund are consistent with larize their status. Yet under this bill, some much needed and overdue relief (D). if passed, the bill would regularize four to States and localities that have had ‘‘(G) ANNUAL REPORT.—The Secretary of times the number of people. Yet under to bear a disproportionate share of the Health and Human Services shall inform the the Clinton amendment it would only burden when they have been host to a States annually of the amount of funds provide $1.3 to $1.5 billion for State im- large number of undocumented immi- available to each State under the Program.’’. pact funds. Under my proposal, which grants. Too many of our State and Mr. CORNYN. The problem is this, would impose a $750 surcharge at the local governments are overwhelmed Mr. President: Under the current bill, very time an individual registers for and underfinanced. As the number of about 80 percent of the $2,000 paid by the H2–C program, it would generate undocumented immigrants goes up in a undocumented immigrants at the time $7.5 billion, obviously necessary to pay community, so do the costs of services they apply for a green card or legal for the unfunded mandates I mentioned that the local governments provide to permanent residency, 80 percent of that a moment ago. them—including increased costs for $2,000 fee goes for border security. Ten I reserve the remainder of my time law enforcement, health care, and edu- percent of it goes to administering the and yield the floor. cation.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.023 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4774 CONGRESSIONAL RECORD — SENATE May 18, 2006 These localities are not to blame for funds are allocated, there will be ap- I think it is only just that these indi- the Federal Government’s failure to proximately more than $1 billion that viduals be required to pay a surcharge adequately secure our borders or to en- would be available under her amend- of $750, a reasonable amount for reim- force the immigration laws against em- ment that will be allocated to these bursement to State and local govern- ployers who do not play by the rules. needs which she has outlined. It seems ments and taxpayers for the costs of But more and more, they had to devote to me that is the way to go. health care and education that have already scarce resources to deal with On the other side, Senator CORNYN is been imposed by their very presence on the rising numbers of undocumented going to raise, for these workers, immi- local taxpayers. Again, this is not pun- immigrants. grant workers who are working hard, ishing anybody. This is not about mak- They have done the right thing. They playing by the rules—he is just going ing it unusually difficult for them to have provided medical care, education, to jack up the amounts they are going comply. This is a matter of simple jus- other public services. But it has all to have to pay by another $750. tice. come at the expense of local taxpayers The sky is the limit. Why not $2,000, Indeed, if the only source of that who are already stretched too thin, and $3,000, $4,000? I mean, the fact is, they money is the funds that are paid some that is not fair. are already going to be paying the 6 years after they began to transition As we work toward comprehensive $2,000. This is going to add at least $750; into legal permanent residency, under reform, we in the Federal Government $100 per child additional. So you are the Clinton amendment—and I applaud owe them our help. We need to make giving additional kinds of burdens on the goals of the Senator, to pay some sure the flood of new immigrants does the worker, those who are in line to be- money into a State impact fund, but it not drown out our local governments. come citizens. I think the Clinton pro- will amount to about $1.3 billion as op- We need to make sure that while we posal is far superior and more fair. posed to $7.5 billion under my amend- embrace our new immigrants we don’t I yield the remainder of my time. ment. We will not see any of that give the local communities the cold The PRESIDING OFFICER. The Sen- money for at least 6 years and, in fact, shoulder. ator from Texas. it is taking money away from the pro- This is not just a problem on the Mr. CORNYN. Mr. President, I fail to gram necessary to administer this un- southern border. In Suffolk County on understand why it poses an unreason- derlying legislation which is necessary Long Island there are about 40,000 un- able burden upon the 10 million or 11 to make it a success. documented immigrants. Total esti- million or 12 million undocumented Certainly, we are not going to build mates for all of Long Island are about immigrants who currently live in the failure into this model by underfunding 100,000. In Suffolk, the annual cost of United States in violation of our immi- the very administrative process by meeting the needs of undocumented gration laws to pay a modest fee as which it is supposed to work. immigrants is estimated to be $24 mil- part of the quid pro quo for their regu- I suggest it is the Federal Govern- lion. Of course, property taxes are too larization when, in fact, they have been ment’s responsibility to step up. This high. The counties are strapped for imposing unfunded burdens on local is not taking any tax dollars in order cash. This amendment will offer some taxpayers and local hospital districts to fund this unfunded mandate. This is much needed relief to localities such as and counties and cities for the entire coming from the beneficiaries of the Suffolk County that have had to go it time they have been present in the program that is supposed to be enacted alone for too long. And it will not re- United States. No one is talking about by this underlying legislation. If, in quire finding new sources of revenue. It being punitive or being unnecessarily fact, it made sense to appropriate from will take some of the fees already in harsh. But fair is fair. To suggest that tax dollars $4 billion for the 3 million the bill and give the bulk of that it is not fair for them to pay a fee real- individuals who were given amnesty in money for reimbursement of health ly stands in stark contrast to the fact 1986, it makes sense to me, today, that care and educational costs paid out by that these same individuals, when they it is going to cost quite a bit more than the States and localities, and the rest apply for legal permanent residency or the $1.3 billion under the amendment of goes to SCAAP, to pay for the costs of a green card, will be required to pay Senator CLINTON. But it also makes detaining noncitizens, a program I $2,000. sense that burden should not be borne have been much involved with in the The truth is, most individuals who again by the taxpayers of the United past. come across at least the southern bor- States but, rather, should be borne by These funds will be targeted toward der in violation of our immigration the individuals who are going to re- States that have seen the sharpest rise laws, turn their lives over to human ceive a benefit under this bill. in their noncitizen populations, and we smugglers and pay on average about I ask my colleagues to support this are going to get the money from the $1,500 each for each trip they make into amendment. I think it only makes States to their localities fast because the United States. Certainly, these in- sense, it is only fair and just to the they are feeling the strain now. States dividuals, in return, for the benefits local taxpayers around this country, will have to get most of the money to that are conferred upon them under and it is a matter of funding what is the localities within 180 days once the this bill, should be expected, and I currently an unfunded Federal man- money is allocated. think they would expect, to pay some date on those tax credits. Taxpayers in our country are already modest cost to help defray the expenses The PRESIDING OFFICER. All time being pushed to the limit. They didn’t to local and State taxpayers. In fact, has expired. cause the problems, but they far too these individuals are being given an op- The question is on the Clinton often have to bear the financial con- portunity for a second chance, and I be- amendment. sequences, and they should not be left lieve there should be some cost associ- Mr. SPECTER. Mr. President, for the holding the bag. ated with that. In fact, we have been information of our colleagues, we are This financial assistance will not told during the course of this debate now trying to work through another solve every problem associated with that this underlying bill creates a situ- amendment following the votes, the undocumented immigration, but it will ation where people earn their right to Chambliss amendment. We are check- go a long way toward lifting the finan- legal status. ing to see how much time would be cial strain in our States and localities As we found out, during the first 6 needed. But it appears that we have a all over the country. years of their presence in the United good likelihood of proceeding with that I yield. If my colleague from Massa- States, after this bill passes, if it amendment and a later vote tonight, chusetts wants, I yield my remaining passes in its current status, they will after enough time for debate. time to my colleague from Massachu- be able to live and work and travel and The PRESIDING OFFICER. The Sen- setts. have all the benefits of living in this ator from Massachusetts. The PRESIDING OFFICER. The Sen- country and have paid nothing—zero, Mr. KENNEDY. We are not prepared. ator has 1 minute 40 seconds. zip, nada. Only after about 6 years, We thought we were moving ahead Mr. KENNEDY. Mr. President, Sen- when they apply for a green card or with the Kyl amendment. Now we are ator CLINTON has a very sensible and legal permanent residency, will they on the Chambliss amendment. It in- responsible amendment. The way the then be required to pay the $2,000. volves a number of individuals here

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.086 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4775 who feel very strongly. We are just try- VOTE ON AMENDMENT NO. 4038 Mr. KENNEDY. Would the Senator ing to find out the amount of time they The PRESIDING OFFICER. The from Pennsylvania outline what the would need. Hopefully, we are going to order calls for the Cornyn amendment. rest of the evening is going to be? be having two votes now, and by the Mr. KENNEDY. I ask for the yeas and Mr. SPECTER. That is what I am in end of those votes we will have more nays. the process of doing. I commented information. The PRESIDING OFFICER. Is there a about the Ensign amendment. I was The PRESIDING OFFICER. The sufficient second? about to say we are going to have the question is on agreeing to the Clinton There is a sufficient second. amendment of the Senator from Flor- The question is on agreeing to the amendment. ida, Mr. NELSON, which I anticipate Cornyn amendment. will be accepted as well. Then we are Mr. SPECTER. I ask for the yeas and The clerk will call the roll. nays. The legislative clerk called the roll. going to take the Kyl amendment The PRESIDING OFFICER. Is there a Mr. MCCONNELL. The following Sen- under an arrangement where there will sufficient second? There is a sufficient ators were necessarily absent: the Sen- be a tabling motion. And it is now an- second. ator from Kentucky (Mr. BUNNING) and ticipated that we will have an hour- The clerk will call the roll. the Senator from Florida (Mr. MAR- and-a-half time limit there. I would The assistant legislative clerk called TINEZ). like to do it in an hour time limit, if the roll. Further, if present and voting, the that would be acceptable to that side. Mr. MCCONNELL. The following Sen- Senator from Kentucky (Mr. BUNNING) Senator KYL is prepared to take a half ators were necessarily absent: the Sen- and the Senator from Florida (Mr. an hour. ator from Kentucky (Mr. BUNNING), the MARTINEZ) would have voted ‘‘yea.’’ Mr. KENNEDY. That is fine, an hour Senator from Florida (Mr. MARTINEZ), Mr. DURBIN. I announce that the evenly divided. and the Senator from Wyoming (Mr. Senator from North Dakota (Mr. DOR- Mr. REID. Will the Senator from THOMAS). GAN) and the Senator from West Vir- Pennsylvania yield? Further, if present and voting, the ginia (Mr. ROCKEFELLER) are nec- Mr. SPECTER. I do. Senator from Kentucky (Mr. BUNNING) essarily absent. Mr. REID. We just received a call and the Senator from Florida (Mr. The PRESIDING OFFICER (Mr. from one of our Senators who objects MARTINEZ) would have voted ‘‘nay.’’ ALLEN). Are there any other Senators to the Ensign amendment. So let’s do Mr. DURBIN. I announce that the in the Chamber desiring to vote? the hour and a half on Kyl, and maybe Senator from North Dakota (Mr. DOR- The result was announced—yeas 64, we can work that out while we are GAN) and the Senator from West Vir- nays 32, as follows: doing that. ginia (Mr. ROCKEFELLER) are nec- [Rollcall Vote No. 134 Leg.] Mr. ENSIGN. Mr. President, through essarily absent. YEAS—64 the Chair, I ask the Senator from The PRESIDING OFFICER. Are there Alexander Craig Murray Pennsylvania if it would be possible at any other Senators in the Chamber de- Allard Crapo Nelson (FL) least to make my statement, lay down siring to vote? Allen DeMint Nelson (NE) the amendment, and then we can con- Baucus Dole Pryor sider it at the appropriate time based The result was announced—yeas 43, Bennett Domenici Roberts on the two managers of the bill. nays 52, as follows: Biden Ensign Santorum Bond Enzi Mr. REID. That certainly is appro- [Rollcall Vote No. 133 Leg.] Schumer Boxer Feinstein Sessions priate. Mr. President, as you know, we Brownback Frist YEAS—43 Shelby Burns Grassley don’t run this place. I don’t know why Akaka Feinstein Mikulski Smith Burr Hatch we need to wait an hour and 45 minutes Baucus Harkin Murray Snowe Byrd Hutchison Bayh Inouye Nelson (FL) to vote. We are going to have votes in Cantwell Inhofe Stabenow Biden Jeffords the morning anyway. I talked to Sen- Obama Carper Isakson Sununu Bingaman Johnson Pryor Chambliss Kerry Talent ator KENNEDY. It is all right to go Boxer Kennedy Reed Clinton Kyl Thomas Cantwell Kerry ahead for 90 minutes prior to a motion Reid Coburn Lieberman Thune Carper Kohl to table tonight on Kyl; we have no ob- Salazar Cochran Lincoln Vitter Chafee Landrieu Sarbanes Coleman Lott Voinovich jection. Following that, we can decide Clinton Lautenberg Schumer Collins Lugar Warner what we will do for tomorrow. Conrad Leahy Specter Conrad McConnell Dayton Levin Wyden The PRESIDING OFFICER. The Sen- Cornyn Murkowski Dodd Lieberman Stabenow ator from Pennsylvania. Durbin Lincoln Wyden NAYS—32 Mr. SPECTER. I ask unanimous con- Feingold Menendez Akaka Hagel McCain sent that we have a time agreement of NAYS—52 Bayh Harkin Menendez an hour and a half. We have just been Bingaman Inouye Mikulski Alexander informed that Senator KYL wants an DeWine McConnell Chafee Jeffords Allard Obama Dole Murkowski Dayton Johnson hour. I hope we can get some of that Allen Reed Domenici Nelson (NE) DeWine Kennedy yielded back. Bennett Reid Ensign Roberts Dodd Kohl Bond Salazar Mr. REID. We will take 30 minutes Enzi Santorum Durbin Landrieu Brownback Sarbanes Frist Sessions Feingold Lautenberg prior to a motion to table. Burns Specter Graham Shelby Graham Leahy Mr. SPECTER. And a motion to table Burr Stevens Grassley Smith Gregg Levin Byrd Gregg with no second-degree amendments Snowe Chambliss Hagel NOT VOTING—4 being in order. Stevens Coburn Hatch The PRESIDING OFFICER. The Sen- Sununu Bunning Martinez Cochran Hutchison Dorgan Rockefeller ator from Nevada, Mr. ENSIGN. Coleman Inhofe Talent Collins Isakson Thune The amendment (No. 4038) was agreed Mr. ENSIGN. Mr. President, did I un- Cornyn Kyl Vitter derstand that prior to the debate, I Voinovich to. Craig Lott Mr. CORNYN. I move to reconsider would have 10 minutes? Crapo Lugar Warner Mr. SPECTER. I was about to come DeMint McCain the vote. Mr. LEVIN. I move to lay that mo- to that. Let me include in the unani- NOT VOTING—5 tion on the table. mous consent request that we lay down Bunning Martinez Thomas The motion to lay on the table was the Ensign amendment and give him 10 Dorgan Rockefeller agreed to. minutes, and then we will move to the The amendment (No. 4072) was re- The PRESIDING OFFICER. The Sen- Nelson amendment. There would be 5 jected. ator from Pennsylvania. minutes for Senator NELSON. I antici- Mr. BURNS. I move to reconsider the Mr. SPECTER. Mr. President, we are pate it will be accepted. vote, and I move to lay that motion on now prepared to take the amendment Mr. REID. Mr. President, that is not the table. of the Senator from Nevada, Mr. EN- fair to our folks over here. If we are The motion to lay on the table was SIGN, and have a brief debate, 10 min- going to have a vote tonight, let’s vote agreed to. utes. It will be accepted. and let people go home. Those people

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.087 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4776 CONGRESSIONAL RECORD — SENATE May 18, 2006 who want to still stand around and showing the amendments. They have Rather, a guest is someone who comes talk—that is NELSON and ENSIGN and been on file for a week. But I would into your home or wherever it may be LANDRIEU or anybody else—let them do like it to be in order this week for 10 temporarily and then leaves. The title it. minutes, either tonight or tomorrow ‘‘guest worker’’ to describe the future The PRESIDING OFFICER. The Sen- morning. flow of people coming into the country ator from Louisiana. Mr. SPECTER. Mr. President, we to work is simply inaccurate. It does Ms. LANDRIEU. Reserving the right would be glad to respond after we see not describe what this bill does. to object, may I just ask that at any the amendments. We may need more First let me talk about the future time tonight or any time in the morn- time. We haven’t seen the amend- flow. Under the Bingaman amendment, ing, I be allowed to offer the two ments. That has been a problem con- the Government would authorize the amendments that have been pending tinuously, not having seen the amend- entry of 200,000 people a year who all week. We can vote whenever the ments. I repeat to the Senator from would qualify for an H–2C visa. These leadership would like, in the morning Louisiana, if we can see the amend- so-called guest workers could work or later tonight. ments, we can answer the question. here up to 6 years, live, travel, enjoy Mr. SPECTER. Mr. President, we will Ms. LANDRIEU. I appreciate that. I the benefits of this country short of take a look at the amendments. I will cannot agree to any unanimous con- citizenship, after which they then give the Senator from Louisiana an an- sent until we get this. apply for a green card, whereby they swer as soon as we can take a look at I suggest the absence of a quorum. become a legal permanent resident. the amendments. The PRESIDING OFFICER. The They then get on the path to American The PRESIDING OFFICER. The Sen- Chair would say to the Senator from citizenship 5 years later. Rather than a ator from Nevada, Mr. ENSIGN. Louisiana, there is no request pending. temporary worker, these are individ- Mr. ENSIGN. Mr. President, I suggest The unanimous consent request was uals who, under this bill, will become we modify the unanimous consent to agreed to without objection previously. first legal permanent residents and accommodate the minority and those The Senator from Pennsylvania has then American citizens. Because of who want to vote. I would be first rec- subsequently spoken about the amend- that, the title of ‘‘guest worker’’ is a ognized for 10 minutes right after the ment of the Senator from Georgia, Mr. misnomer. It is a mischaracterization vote on Kyl to lay down my amend- CHAMBLISS. There is no request pend- of what this bill does. I submit it is ment, debate for 10 minutes, followed ing. simply misleading. by Senator NELSON, followed by Sen- Ms. LANDRIEU. Then I will wait to It is important for us to debate this ator LANDRIEU. object to that next request. issue honestly. This is a complicated Ms. LANDRIEU. I want to modify the The PRESIDING OFFICER. The Sen- bill, over 600 pages long. Obviously, the unanimous consent request that after ator from Pennsylvania has the floor. Congress has not debated the issue of Senator NELSON from Florida, Senator Mr. SPECTER. Mr. President, may comprehensive immigration reform for LANDRIEU would then be allowed to we start on the Kyl amendment? the past 20 years, since the last time offer two amendments. The PRESIDING OFFICER. The Sen- Congress dealt with this in a com- Mr. SPECTER. Mr. President, I am ator from Texas. prehensive fashion. But at the very advised that we have not seen the least, we ought to require of each of amendments of the Senator from Lou- AMENDMENT NO. 3969 ourselves that we have an honest de- isiana. I repeat, we are going to be in Mr. CORNYN. Mr. President, on be- bate, that we call things what they are here next week. We will take a look at half of Senator KYL and myself, I call and we don’t call things what they are them. We will accommodate her tomor- up amendment 3969. The PRESIDING OFFICER. The not. row, if we can, but we have to see the The Kyl amendment, one I am proud amendments before we can say any- clerk will report. The assistant legislative clerk read to cosponsor, simply makes the point thing. that a guest worker ought to be tem- The PRESIDING OFFICER. The as follows: porary. It doesn’t sound like a pro- Democratic leader. The Senator from Texas [Mr. CORNYN], for found amendment but, in fact, it will Mr. REID. It is my understanding we Mr. KYL, for himself and Mr. CORNYN, pro- change the fundamental structure of are going to have 90 minutes of debate poses an amendment numbered 3969. this underlying bill to make the rep- on Kyl—60 for the majority, 30 for the The amendment is as follows: resentation that everyone, from the minority—prior to a motion to table (Purpose: To prohibit H–2C nonimmigrants President of the United States on down the Kyl amendment, no second-degree from adjusting to lawful permanent resi- to those of us here, believes that a amendments would be in order, and fol- dent status) guest worker program is part of a com- lowing that there would be 10 minutes Beginning on page 295, strike line 8 and all prehensive solution to the crisis that for Senator ENSIGN and then Senator that follows through page 297, line 2, and in- now confronts our country with our BILL NELSON 10 minutes after that. sert the following: The PRESIDING OFFICER. Would ‘‘(n) Notwithstanding any other provision broken immigration system, that, in the Senator from Pennsylvania wish to of this Act, an alien having nonimmigrant fact, we are talking about a temporary restate or state the request? status described in section 101(a)(15)(H)(ii)(c) worker program. is ineligible for and may not apply for ad- Mr. SPECTER. Senator REID has ac- That is important for many reasons. justment of status under this section on the Let me mention two beyond the initial curately stated the unanimous consent basis of such status.’’. request. I adopt his statement. reason that we ought to be honest and The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- accurate and clear about what it is we objection? Without objection, it is so ator from Texas. are doing. ordered. Mr. CORNYN. Mr. President, the bill First, in terms of the future flow of The Senator from Pennsylvania. that is on the floor purports to create individuals who come into the country Mr. SPECTER. Mr. President, an- two different paths to American citi- to work, it is important that we have a other aspect of our evening business is, zenship for those, first of all, who are temporary worker program in order to at the conclusion of the sequencing in the country living outside of the law protect American workers. In fact, if stated in the unanimous consent agree- in an undocumented status, and sec- we have an influx of 200,000, or what- ment, to then lay down the Chambliss ondly, for those who are not yet ever the number is, permanent resi- amendment. I am advised there are present in the country but who want to dents and then new citizens in this quite a number of Senators who want come here at some future date to work. country, without regard to the fact to speak on that. They can speak as We have given the somewhat mis- that our economy is in a boom time long as they like. A vote will occur to- leading name of ‘‘guest worker’’ to the when we need those workers or in a morrow on a tabling motion. so-called future flow, the people who bust when we find that those new The PRESIDING OFFICER. The Sen- are not yet here. workers will end up competing with ator from Louisiana. As I pointed out earlier, a guest is Americans and potentially displacing Ms. LANDRIEU. Reserving the right not ordinarily defined as someone who them from their jobs, it is important to object, I most certainly don’t mind moves in with you and never leaves. that we keep faith with the American

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We also have to have worksite which has a 1,600 mile common border come to the United States and never verification, along with secure identi- with my State of Texas, has seen the return home. fication cards that can be swiped mass exodus of some of its best and Some have said that, well, what at- through a reader to confirm that the brightest and hardest working people tracts countries such as Mexico to person presenting themselves for work permanently out of their country to massive illegal immigration of its own is, in fact, legally authorized to work live forever, the rest of their natural citizens is the fact that this last year in the United States. lives, in the United States. they received $20 billion in remit- Indeed, the one thing that people Now, I believe we ought to have a tances; that is, savings that workers point to, when they point to the mis- legal system of immigration and that from Mexico earned in the United takes of the 1986 amnesty that was ought to serve our national interests. States while working in the shadows, granted, is the failure to create a reli- But the reason why there is so much in the cash economy, in the black mar- able means of verifying eligibility to pressure put on our borders and on ille- ket, so to speak. They sent that money work in the United States, and along gal immigration is because when a home to their family to help support with that sanctions for employers who country’s young workers leave perma- them. Recently, though, a high official cheat. It is absolutely critical that we nently and never return, how in the in the Mexican Government pointed secure our borders, that we work with world can that country, whatever the out to me that it is not a benefit to our local and State law enforcement of- country is—Mexico, United States, countries such as Mexico to see their ficials to enforce the law beyond the Guatemala, Honduras, or Brazil—how people leave just to send maybe 10 per- borders and the interior, and that we can any country ever hope to create cent or 15 percent of their money or provide security at the worksite by economic opportunity and jobs within savings back home because if you look providing secure documents and ways that country if its young, hard-work- at the economic activity that occurs in for employers to confirm legal author- ing workers leave permanently and the United States, they would much ity to work in the United States; then never come back? rather have that economic activity we punish those employers who cheat. Well, a temporary worker program occur in their country of origin. If we do that, I believe we can get this would allow people to come to the Let’s say, for example, that $20 bil- problem under control. If we fail to do United States and work for a while and lion represents a 10-percent savings any part of that, I worry that we will then return to their country of origin rate. That means that for the $20 bil- have been engaged in a futile act, and with the savings and skills they have lion that is sent from Mexican workers we will have been laboring and debat- acquired working in the United States. back to Mexico, there is $180 billion in ing in vain on this bill. That would benefit not only the em- economic activity occurring in the Finally, I believe there are sectors of ployers who need the workforce—a United States that could occur in Mex- our economy that create jobs that are legal workforce that cannot be satis- ico if they had opportunities and jobs not being satisfied adequately by fied with sufficient numbers of Ameri- there. Obviously, that kind of eco- Americans and by legal citizens, legal cans—but it would also satisfy the de- nomic activity feeds on itself and pro- immigrants in the United States. So I mands and the needs of their country vides greater opportunity for those believe that to supply a legal work- of origin by providing circular migra- people and benefits to those people liv- force for those sectors that cannot find tion—in other words, people coming for ing at home. It takes a lot of pressure an adequate workforce among native- a while to work and then going home of illegal immigration off our borders. born and legal immigrants, we ought to with the savings and skills they have Ultimately, I believe in comprehen- create a temporary worker program, as acquired in the United States. What sive immigration reform because I be- I have described it a moment ago. This are they going to do with the money lieve that whatever we do has to be would also have the additional benefit they have earned? Some may decide to built upon a foundation of security. In of allowing law enforcement to direct buy a home or start a small business in 2006, national security is about border their attention at the real problems their country of origin. security. In a post-9/11 world, we sim- and to eliminate from their concerns I think that has at least the promise ply must know who is coming into our those who simply want to come here of developing economic opportunity country and the reasons they are com- and work in a temporary worker pro- and jobs in those countries that are ing here. We cannot assume that people gram. now a net exporter of people to the are coming here only for benign rea- Mr. President, I also say that the United States. It would give them a re- sons. We all understand that when peo- other part of this amendment deals alistic opportunity of creating jobs for ple have no hope and no opportunity with those who are already here and those who, in fact, would prefer not to where they live, they are going to do who, under the underlying bill, would sever their ties with their home and whatever it takes. Any one of us, as- be able to stay in place and then par- their family and their culture. It would suming we had the courage, would take ticipate in the H–2C program or those reinstate this circular migration that whatever risk was necessary, including who would have to go to a port of entry would benefit both the United States a risk to life itself, to provide for our and then who could come back in, par- and their country of origin. loved ones. So at a very human level, ticipate, and get on a path to legal per- I remember some time ago—maybe 2 we understand why people want to manent residency and citizenship. This years ago—I was visiting Guatemala come to the United States. would say that ‘‘notwithstanding any and had lunch with our American Am- But we also know, in a post-9/11 other provision of this act, an alien bassador to Guatemala at his resi- world, that the same porous borders having non-immigrant status is ineli- dence. We were talking about Amer- that allow people to come across our gible for and may not apply for adjust- ican trade policy, and specifically the borders to work are also available to be ment of status under this section on Central American Free Trade Agree- exploited by violent gangs such as MS– the basis of such status.’’ In other ment, which had not yet come to Con- 13, by drug traffickers, by all sorts of words, temporary means temporary, gress for a ratification vote. What a people that we don’t want in the and that a guest is welcome, assuming gentleman from Guatemala told me at United States because we have a duty they qualify, to come for a time and that time very concisely—I will never to protect the American people and participate in the benefits of this pro- forget—was that they want to export their security. gram but not necessarily be put on a goods and services, not people. I think We also know that in a post-9/11 path to a green card or legal perma- he said it perfectly. We ought to pro- world, international terrorists can use nent residency and citizenship. vide countries such as Guatemala, these same avenues of entry into the Now, there are those who say that Mexico, and others an opportunity to United States and potentially create this kind of plan will not work and

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.092 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4778 CONGRESSIONAL RECORD — SENATE May 18, 2006 that we have no option but to legalize undermines both the intention and the But I want my colleagues who are those who are here in place and those spirit of this bill. The amendment voting to understand that if this who want to come in the future. There would not only treat future workers as amendment would pass, this whole are those who say there is no such less than American workers, it would compromise and this whole legislation thing as a temporary worker because treat them as less than all other immi- collapses because it removes a funda- America has not shown itself capable grant workers. mental principle of this legislation, of enforcing its own immigration laws The real issue is—I will get right to which is that we give people an oppor- and making sure that people whose it—after many long months and weeks tunity to earn citizenship, which is ex- visas expire, in fact, leave the country and hours of negotiation, we had a pro- actly what the 2- to 5-year part of the at the expiration of their legal author- posal that passed through the Judici- compromise under the Hagel-Martinez ization. ary Committee and then a compromise, proposal represents. If you are here be- I believe that we can, assuming we thanks to Senators HAGEL and MAR- tween 2 to 5 years, you have to go to a have the political will, enforce our TINEZ, basically establishing the frame- port of embarkation, you come back, laws. We can create humane and real- work for a compromise in the Senate. you take part in a temporary worker istic laws that provide for our Nation’s If this amendment should pass, that program, and then over time you ob- needs and that serve our Nation’s in- whole compromise is destroyed because tain eligibility for a green card, and ul- terests and which, incidentally, serve a fundamental part of that compromise timately citizenship. That is what the interests of countries who have was that those who have been here for America has been all about: people young workers who want to come for a 2 to 5 years, after having gone back to coming here and having the oppor- while and then return to their country a port of embarkation, would then be tunity to obtain citizenship. of origin. eligible for temporary work under the So we have a fundamental disagree- I don’t believe that we are incapable temporary worker program, and then ment. I hope all of my colleagues will of enforcing our laws. I don’t believe over time be eligible for green card sta- recognize that passage of this amend- we have to throw our hands up and say tus and citizenship. This amendment ment would cause the entire bill to col- the only way we can deal with this is would destroy that compromise. I un- lapse, which we have been working on to create an opportunity for people to derstand very well why the Senator now for a week with excellent debate basically stay in place and become from Texas and the Senator from Ala- and good votes, and I think the way the legal permanent residents and citizens. bama on the floor of the Senate, and Senate should function. So I hope that It is not that I think that we should others, have been opposed to this bill everybody understands exactly the im- not provide that opportunity. In fact, I from the beginning. I understand that plication of this amendment, and I un- believe we should do it for those who and I appreciate it and I respect it. But derstand and respect the view that is meet our Nation’s capacity to deal let’s have no doubt about what this held by my colleagues who support this with this and who create a realistic cap amendment would do. It would destroy amendment. But I want all of my col- based on our ability to assimilate those the entire carefully crafted com- leagues to understand the impact of people and for them to become Ameri- promise. passage of this amendment. It under- cans. Now, the Senator from Texas has an mines not only the principles of the So I think we can create a category interesting theory about people who of temporary workers, people who have bill but, in my view, the principles of would want to come here and only what this Nation should be and is all no desire to stay, and then those who work and then go back, or maybe not do want to come to our country, as- about today. go back, but not have any opportunity We have talked many times about suming that we can establish realistic for citizenship. We have examples people who live in the shadows, the caps and can then assimilate that pop- today in Europe of the situation that people who don’t have the benefits of ulation and they could become Amer- the Senator from Texas and my col- our citizenship, or an opportunity to ican citizens, and that we ought to cre- league from Arizona would want to cre- become citizens, these 11 million peo- ate a reasonable opportunity to do ate, which is having people living in ple who are living in the shadows. If that. your country with no hope to ever be a this amendment would pass, I can as- But our interests ought to be, first part of that society. and foremost, what is in America’s best I would remind my colleagues of sure you we would keep several million interest? What is in America’s best in- what happened not long ago in France. in the shadows because they would terest? There were thousands of young Mus- never come out of the shadows because I guess I wish that America could lims who were burning cars everywhere they would never want to return to open its arms and accept the flood of and rioting and demonstrating because their country and never be able to be humanity that might want to come they had no hope and no opportunity. on a path to citizenship. So from a from the four corners of the world, Why is it that all over Europe you find principled viewpoint and, frankly, from from every oppressed and downtrodden these enclaves of foreign workers who a practical viewpoint, this amendment part of the planet. But the fact is that are totally and completely separate is unacceptable. we cannot. We cannot do that without from society? Because they are in the I know the hour is late. I know a lot jeopardizing what America is. That is situation which this amendment would of my colleagues are not paying as not to say that we would discontinue dictate: No hope, no job, no oppor- much attention, perhaps, as they would being the melting pot, where people tunity, no future, but we will let you at other hours of the day, but I hope we who want to come legally from any work. make it very clear that the passage of part of the world and become Ameri- This is not what we do with highly this amendment would cause the entire cans can do so. We ought to provide an skilled workers. That is not what we do legislation to implode, and we would opportunity for them to do so, to the under various other programs, and es- then be obviously in a position where extent that it serves America’s inter- pecially for those who have already we could probably not pass meaningful ests and serves America’s needs. been here between 2 and 5 years under legislation that would entail com- Mr. President, I reserve the remain- this very carefully crafted compromise, prehensive immigration reform, which der of my time, and I yield the floor. the Hagel-Martinez compromise, as it is what the President has espoused and The PRESIDING OFFICER. Who is called, embodied. I understand why what I believe the overwhelming ma- yields time? the Senator from Texas or the Senator jority of the Senate has proved in nu- Mr. MCCAIN. Mr. President, I yield from Arizona would oppose that. They merous votes this week that we sup- myself 7 minutes. oppose the very principles upon which port. The PRESIDING OFFICER. Is this the legislation was based and the Mr. President, I reserve the remain- from the time in opposition? Hagel-Martinez compromise was der of my time. Mr. MCCAIN. Yes. shaped. Mr. CORNYN. Mr. President, I yield The PRESIDING OFFICER. The Sen- The Senator from Alabama is on this 10 minutes to the Senator from Ala- ator from Arizona is recognized. floor constantly against virtually bama. Mr. MCCAIN. Mr. President, I rise in every aspect of the bill. I understand The PRESIDING OFFICER. The Sen- strong opposition to the amendment. It that. ator from Alabama is recognized.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.094 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4779 Mr. SESSIONS. Mr. President, I their employer. And what is a green This is a huge provision of the bill, is thank the Senator from Texas for his card? It makes them a legal, perma- all I am saying. It is a major increase hard work on this amendment and his nent resident. Permanent resident, not in the amount of people who will come thoughtfulness. a temporary guest workers. into the country lawfully. It is a pro- The Senator from Arizona just tells Five years after that green card is gram that allows permanence and citi- us that he and a few masters of the uni- issued, they are entitled to apply for zenship for every single person who verse have met somewhere in some citizenship, every single one of them comes in under this provision. It is not room to which I wasn’t invited—I am that enter under this so-called tem- a temporary guest worker program. It not sure many other Senators were in- porary provision. That is the truth, but is contrary to the whole message the vited—and they have decided that this it is not the message we are being told. American people have been told repeat- bill as written is the compromise and if Earlier today I thought about offer- edly that they are somehow dealing any of it is changed, well, the com- ing an amendment or a resolution to with, which is a guest worker program, promise collapses and the bill fails. So, bar anyone in the Senate from using when it is a permanent citizenship if I am hearing the Senator from Ari- the phrase ‘‘temporary guest worker’’ track. It is against what the President zona correctly, he thinks we should all when they talk about this bill because of the United States believes in. In just give it up and quit offering amend- it is so bogus. It is an utter and total fact, he has now endorsed the Kyl- ments. But I don’t think that is the misrepresentation. As I just explained, Cornyn amendment because he has way the Senate does business. I know and as the Senators have just ex- been saying all along he thought we the Senator from Arizona is a smart plained, everyone coming in under this ought to have temporary workers in man and so are some of the others who provision for the indefinite future get not such a large number that would be have worked on this bill and worked to become permanent workers. I chal- coming in permanently under this pro- out all of these compromises with Sen- lenge anybody to dispute that. They vision. ator KENNEDY. have the ability to become a legal per- There will be other provisions by When they were working out these manent resident, and after that, they which people can come and get on the compromises did they consult the get to go and become a citizen. So it is citizenship track. But the temporary American people? I submit they just not a temporary worker program, guest worker provisions of the bill haven’t consulted the American people. it is permanent immigration. That is should be simply that. I think that will The American people, when they find the deal. meet the needs of workers; I think it Now, President Bush, as much as he out what all is in this bill, they are will meet the needs of businesses. I believes in immigration and has been going to be more upset with it than think it will be the right way to handle supportive of it, he has made clear that they are today. this matter. I think it is what the More is wrong with this piece of leg- this is not what he wants. He supports American people have in their minds islation than can be explained. I took the principles behind the Kyl-Cornyn and think we are talking about. Unfor- an hour or so Friday, not condemning amendment. We need to listen to him. tunately, if they heard that message the philosophy of comprehensive immi- This is a big amendment. And I do not and think that is what we are doing, it gration reform, not condemning steps think the Members of this body should is not. Unless the Kyl-Cornyn amend- to make the legal system work prop- feel in any way that they are not able ment passes, we will not have a tem- erly in a way that we can be proud of, to reject this bill and improve it by porary guest worker provision in the I talked about why the legislation is legislation because some group says bill. insufficient and flawed and is unable to they have reached a compromise and do what the sponsors say. nobody can fix it, when they have made The choice is clear. If Senators actu- Senator MCCAIN doesn’t back down mistakes, and there are a lot of mis- ally believe what they have been say- from a challenge, and I don’t intend to takes. This is just one of them. But I ing about what they are trying to pass, back down either. I am not going to don’t believe this Senate has ever that they want a temporary guest just hide under my desk because he and seen—since I have been here, a piece of worker program, then they should sup- Senator KENNEDY have worked out a legislation of such monumental con- port Kyl-Cornyn. If not, they ought to compromise. They think we shouldn’t sequence have a misrepresentation as come out of the shadows and stand be- even make an argument against it, I great as the allegation that the bill fore the American people and say that suppose. deals with temporary guest workers the temporary guest worker words Let me just show you what the bill when it absolutely creates an auto- printed right here in this bill—well, says. In big print up here: ‘‘Title IV— matic path to citizenship. they don’t mean what they say. They Nonimmigrant And Immigrant Visa So why don’t we do it right? Why ought to tell us plainly and simply Reform.’’ All this rubric at the top in don’t we do what Senator KYL and that they know that this is a provision big letters: ‘‘subtitle A, Temporary what Senator CORNYN say and fix it, that takes people straight to perma- Guest Workers.’’ It says, ‘‘Temporary make it actually do what we the bill nent resident status and straight to Guest Workers’’ in big print—not even claims it does, make it temporary? citizenship, so when we vote, Ameri- the normal print. It says ‘‘temporary’’ A green card is valuable. It entitles cans will know where we stand. and ‘‘guest’’ I don’t know how many people to great benefits of the United I thank the Senators from Texas and times in this provision. States alone, even short of citizenship. Arizona for offering the amendment The President told me—and he has So we have benefits that accrue like and yield the remainder of my time. the earned income tax credit, like the said publicly a half dozen times—he be- The PRESIDING OFFICER. Who food stamps and benefits of that kind lieves in a temporary worker bill. I yields time? The Senator from Texas. suppose his lawyers, maybe they as you come to be on the path of legal thought it must be temporary, right? permanent residence. A legal perma- Mr. CORNYN. Mr. President, I will Well, it is not so. Let’s take the people nent resident can bring their family yield myself 3 minutes. Also, I yield to who will be allowed to enter our coun- into the country, their wife, and their the Senator from Arizona, Senator try in the future under this bill. This children. When they become a citizen, KYL, 20 minutes. bill say that they can come in as a which they will have a right to do in 5 One of the hardest things about this guest worker, temporary, and they can years, they will then be able to bring in whole subject I think is there are so come for 3 years and then they can ex- their parents who would probably soon, many assumptions that people make tend and stay another 3 years. as a matter of demographics, be eligi- based upon their own experience. How So that means it is temporary, right? ble and in need of substantial health in the world can we put ourselves in Wrong. All you have to do is read the care as they age, which the American the place of some of the individuals language of the bill, and as Senator taxpayers would provide them in one that this bill impacts and know what KYL and Senator CORNYN have pointed form or another. They can bring in their desires are, know what their aspi- out, and you discover that the first day their brothers and sisters. They all are rations are, know what their relation- the temporary workers are here they eligible to come under the chain migra- ships are to their country and their can apply for a green card through tion provisions of existing law. family and their culture?

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.095 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4780 CONGRESSIONAL RECORD — SENATE May 18, 2006 I think there are some people who as- you believe in our values, you believe which we know other Americans are sume if America was to offer individ- in freedom, and you believe in oppor- not prepared to do, you are out. You uals from other countries an oppor- tunity, that you, too, can become an are finished. You are gone. No chance tunity to come and qualify and work American if that is what you want. But at all. Work for 6 years and then maybe legally in the United States for a pe- I believe we ought to provide a reason- they will go out and leave the country riod of time, that they would not want able opportunity, based on our national or maybe they will stay. If they stay, to do that because they would want to interest, for people who want to immi- they will be part of a subclass. Do you stay permanently and they wouldn’t grate on a permanent basis, and we hear me? A subclass in the United want to go back home. I think common also ought to provide another category States of America. That is what we are sense tells us these individuals love for people who don’t want to sever trying to avoid in the basic immigra- their country, they love their culture, their ties, don’t want to come here per- tion bill. and they love their family as much as manently, they want a job and then We emphasize legality: legality in we love ours. There is a deep and abid- they want to go home. coming in as guest workers, the legal ing connection that is not easily sev- That is what this temporary worker system; legality in terms of employ- ered. The reason why people do sever it provision would provide. It is, in fact, I ment; you can only employ those who is necessity, when they don’t have any believe, an honest representation of come in where there is not an Amer- opportunities where they live so they what the program is, as opposed to the ican for the job. are willing to do whatever it takes, in- problem that the Senator from Ala- But there is also opportunity. We re- cluding leave their country and come bama noted and that I noted earlier. spect those individuals who do menial to work in the United States. But what This bill, as written, is neither a guest jobs because after the 4 years that they they would like—there is at least some worker program or temporary in any are here, if there is not going to be an segment of these individuals who like sense. This amendment, I believe, American to do the job, they can peti- to come and work for awhile and then would correct that. tion, and if they meet all the other re- go back home and then maybe come I yield the floor and retain the re- quirements—they learn English, they back again and work for another cou- mainder of my time. obey the laws—they can be part of the ple of years and maintain their ties to The PRESIDING OFFICER. Who American dream. Boy, if the Cornyn their culture and their country and yields time? amendment applied to our immigration their family. Mr. KENNEDY. Mr. President, how laws 150 years ago, no Irish needed I would like to point out to our col- much time do we have? apply, no Polish needed apply, no leagues there is one piece of what I The PRESIDING OFFICER. The Sen- Italians needed apply, no Jews needed would call objective evidence out there ator has 22 minutes and 42 seconds. The apply. But tonight we are saying no that is not a supposition or an opinion Senator from Massachusetts is recog- Hispanics, primarily, need apply be- or a guess as to what people’s motiva- nized. cause those are the ones—sure, it is 85 tions might be. Not too long ago the Mr. KENNEDY. Mr. President, I will percent, the rest 5 percent or 6 percent Pew Hispanic Center took a survey of take 11 minutes and yield the remain- Asian, the rest from Central America. 5,000 applicants for the Matricula Con- ing time to the Senator from Nebraska. But that is what the Senate tonight is sular card in the United States. That is The hour is late. We have had a very confronted with. This undermines the basically a Mexican identification card good debate over the course of the day. whole purpose of the bill. It brings in that citizens of Mexico can apply for Now we are faced with an amendment illegality again. It says your employer and receive while living in the United that, even though it comes at the late hires this person, they work for 6 States. Five thousand Mexican citizens hours of the day, is very basic and fun- years, the employer might have trained applied for the Matricula Consular card damental to the success of the whole him, given him decent skills and, bang, and they were asked this question: If piece of legislation. Just as important you are either part of the subclass or you were provided an opportunity to or even more important is the spirit of you are reporting to deport. work legally in a temporary worker this particular amendment and what it Those were wonderful words—report program in the United States, would is meant to achieve and what it is not to deport. We will know who those in- you participate, even though it meant meant to achieve. dividuals are—Homeland Security. As that at the end of that temporary pe- Under the current immigration law, soon as that time is up, six times, they riod you would be required to go home? if you have a H–1B, that means you will get picked up and either pushed Seventy-one percent of the appli- have a visa and you are highly skilled. over and pushed out of the country or cants said yes. Yes. I think we are fool- The concept behind the H–1B is you are they will be in a permanent underclass. ing ourselves by thinking that the only highly skilled, and because you are This is probably a very nice amend- folks who want to come to the United able to have a particular niche, the re- ment that goes over in some circles. States want to stay here permanently sult of your service means you are But I tell you, if we are talking about and that there are not at least a large going to have 8 or 10 or 15 more Ameri- fairness in this country, if you are segment of people who would partici- cans working. So there is a limited talking about fairness in the immigra- pate in a temporary worker program. number of the H–1Bs. tion bill, you are talking about fairness I hope we don’t get too confused Under our current law, if your em- in the standards, you are talking about about this. There are ways for people ployer wants to petition for you, you the history and the tradition of this to come, immigrate to the United can get a green card. If you are highly country about welcoming the poor and States, and to become legal permanent skilled, your employer can get the the unwashed in our country, you are residents and American citizens. But green card for you. But under the changing that with the Cornyn amend- there are caps on those. There are Cornyn amendment, if you are low ment. Make no mistake about it. You waiting lists on those. Those are de- skilled, you are out the window. One are changing that. signed with America’s best interests set of treatment for the very highly I was around during the Bracero pe- involved because, frankly, we can’t as- educated, highly skilled, who are work- riod, and the exploitation of humanity similate everybody who wants to come, ing on the computers. But if you are was extraordinary. We are returning to as I mentioned a moment ago. cleaning a building in America, if you it if we accept the Cornyn amendment. I agree with the Senator from Ari- are working in menial jobs, if you are We are saying: Because you do more zona, Senator MCCAIN. We don’t want looking after children, if you have one menial jobs, your life, your worth, your unassimilated populations living per- of the lower paid jobs, you are out of being is not worth as much as some- manently in the United States who do luck. body who is a highly skilled person. not speak our language and do not Really a nice, fair standard. The That is a wonderful statement for the share our values. That has been the Statue of Liberty is turned around to- United States of America to make. great promise and the hope and realiza- night, listening to the argument of our You know what is going to happen? tion of America that, no matter who friends over here. It is turned around. Those individuals are going to be ex- you are, how you pronounce your last One standard for high skilled, and, boy, ploited. If they are women, they are name, what country you come from, if if you are doing the more menial work, going to be abused. You are going to

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.097 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4781 have sexual harassment and abuse for tant. He laid out his principles. Those worker visas. Does that really mean them. That is the record. Read the his- principles are the principles in this un- that somebody is going to stay longer tory of the Braceros. I went to the derlying bill. or not going to stay longer? All imper- hearings. I attended the hearings all I welcome clarification of where the fect, absolutely, but do you know what through the Southwest and into Cali- President is on this. Maybe the White we were doing with a resolution like fornia; one of the most shameful peri- House would like to clarify that as this, as imperfect as it is? What we are ods in American history. We go back to well. saying to our country, to the world? it tonight with this amendment. That Let us talk about what this is about. That we can deal with the tough issue. is what this amendment is all about. This is a difficult issue. It is com- We, in fact, can put people onto a path That is what this amendment is all plicated. It is wide and deep. Yes. Why of responsible behavior, of legal status, about. It strikes a dagger at the heart is that? Because we have essentially just like America has always stood of what this legislation is about: strict deferred this issue for years. We have for—hard work, opportunity, do your enforcement, strict accountability, provided no leadership for the Amer- best, 12 million illegal immigrants. strict legality if people are going to ican people. We have not had the cour- They are here illegally. Of course, they play by the rules and earn their way to age to deal with it because it is polit- are. Yes. be a part of the American dream. ical, because it is emotional, because it This nonsense about amnesty. I said I withhold the reminder of my time. cuts across every sector and every line on the floor yesterday—Mr. President, The PRESIDING OFFICER. The Sen- of our society. It is about national se- you might remember 1978 when Jimmy ator from Nebraska. The chair would curity. It is about autonomy, and our Carter gave amnesty, unconditional, no say to the Senator from Nebraska, future. It is about our society, our questions asked: Come on back over there are 11 minutes for you. schools, our hospitals. That is difficult. the border, all of you who ran away Mr. MCCAIN. Mr. President, how It is difficult. from this country and didn’t want to much time on both sides? But what the President of the United serve your country, didn’t want to go The PRESIDING OFFICER. There is States did Monday night—and a num- to Vietnam, didn’t want to be a part of 251⁄2 minutes on the Kyl side and 161⁄2 on ber of my colleagues have been doing our country. Jimmy Carter said in 1978, the opposition. for a long time—was to try to find a no questions asked, unconditional, Mr. MCCAIN. I thank the Chair. resolution. come back. That is amnesty. Mr. HAGEL. Mr. President, I would Mr. President, the American people What we are talking about is not am- like to address the Kyl-Cornyn amend- have a very low opinion of you, of me, nesty. The President said it very clear- ment tonight. I obviously have listened of the Congress, of the President—not ly Monday night. to some of this debate over the last because I say it. Read the latest polls. We are talking about pathways to le- hour. There is one thing I want to ad- I do not know if the President takes gality, responsible processes, opportu- dress before I get into what I think are any heart in the fact that his job ap- nities for people to come out of the the real critical issues here, not just on proval numbers are higher than ours. shadows. this amendment that we are going to Why are the American people upset Who are we helping with the current be voting on but the bill, the purpose, with us? Because we are not doing our situation that we have today? How are underlying focus. job. We talk about: Let’s run to the we winning? People stay in the shad- I heard the junior Senator from Ala- base. Let’s run to the political lowest ows, we don’t collect the taxes we need, bama say that the White House, the common denominator. That is not gov- we don’t have the complete involve- President, was supporting the Kyl- erning. That is cheap, transparent poli- ment in communities that we have al- Cornyn amendment. tics. That is why we are all down in the ways had from our immigrants. There That is not my understanding. As a twenties and the low thirties. The peo- is a national security element to this. matter of fact, the senior Senator from ple of this country have lost confidence There is a law enforcement element to Arizona, Mr. MCCAIN, and the senior in us, and no wonder. We run from it. There is certainly an economic ele- Senator from Florida, Mr. MARTINEZ, every tough issue. We can get into the ment to it. and I just got off the phone with the subsections on page 17 and 500 and 433 Are we really winning? No, we are Chief of Staff of the President of the of the underlying bill—all imperfect, losing. We are losing everywhere. United States. He did not tell us what absolutely, because resolution on this What we are trying to do is find a I just heard on the floor of the Senate issue will be imperfect, absolutely. But way to move this forward so that we as to the President’s support of this we are trying to do something. We are can start to resolve the issue. I will be amendment. There seems to be some trying to come to some resolution. We the first to say, since I had a little bit confusion. I would welcome the junior are trying to find some answer for the to do with helping construct this and I Senator from Alabama or maybe the American people. have been at this for many years—I junior Senator from Texas clarifying What do we do with the 12 million il- have not been at this as long as Sen- that if they have some tangible evi- legal aliens in this country? Do the ator KENNEDY has, but I tell you, not dence that the President is supporting American people really believe we are many Senators on the floor of this Sen- this amendment. As I said, we just got going to ship them all out of here, go ate have been at this as long as I have. off the phone with the Chief of Staff of down to the bus depot? Is that really It doesn’t mean that I am right. But I the President of the United States. what they are going to do? Come on. do know a little something about it. I I would even add further that maybe That is not the answer. have been down on the border. I have some of my colleagues didn’t hear the Why are we so afraid of this issue? talked to immigrants and have spent President of the United States Monday This issue brings out the best in our so- personally thousands of hours on this night. I think most of America did. As ciety and the worst in our society. Why issue, as has my staff. It doesn’t mean a matter of fact, there seems to be are we afraid to deal with this issue? I am right or that I am smarter. But I some significant approval developing Do we really want, as Senator MCCAIN, know a little something about it. I out there because the President of the Senator KENNEDY, and others have know a little about this country. I United States articulated very clearly said, a second-class system in this know how this country was built, and I essentially the underlying bill that we country? Do we really want that? Do know about the people of this country. are debating and have been debating we know what the consequences of that The people of this country want us to this week on the Senate floor. Much of are? I am not sure we do. resolve the problem. It isn’t perfect. that is about the Hagel-Martinez bill. This Kyl-Cornyn amendment de- That is what we have been doing this The President laid that out rather stroys every fiber of what many of us week. We have been adding amend- clearly. have worked for, including the Presi- ments. Some amendments I did not I don’t know if the President of the dent of the United States, to try to vote for, some I didn’t like. But adding United States is withdrawing his posi- find some resolution, some common de- to this, crafting something for the fu- tion that he clearly articulated to the nominator center point, some con- ture, for our history, for our children, people of the United States, and why sensus of purpose about how we do this. and for our society, that is what it is he felt the underlying bill was impor- Sure, we can pick apart temporary about.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.098 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4782 CONGRESSIONAL RECORD — SENATE May 18, 2006 If this amendment passes tonight, if I differ with the interpretation of I support a temporary worker pro- this goes down, the entire compromise some of our colleagues who say we are gram under this legislation. However, will go down. What will stand in its trying to replace the normal immigra- it should be temporary. That is to say, place? What will stand in its place? tion path with legal permanent resi- the program may be permanent, but I yield the floor. dency and citizenship with a temporary the visas under it are temporary, for a The PRESIDING OFFICER. Who worker program. That is not true at limit period of time. They may be 8 or yields time? all. What we are trying to do is say 10 months out of the year; they may be Mr. MCCAIN. Mr. President, how there is an additional way that people 1 or 2 or 3 years in duration. In my much time remains? who want to come here and don’t want view, they should be renewable. There The PRESIDING OFFICER. The Sen- to stay here can come for a while and are a lot of different ways to construct ator from Arizona, on the proponent’s work in a legal system and then go it. The bottom line is, when you come side, 25 minutes 28 seconds; on the op- home, and those who want to become in because there is a job available for position side, 7 minutes 22 seconds. American citizens we ought to provide you as a temporary worker, that same The Senator from Texas. a reasonable path for them to do so job or another job may not be available Mr. CORNYN. Mr. President, I yield subject to cap, subject to our ability to to you 5 years later. There may be no myself 5 minutes and then the remain- determine what is in America’s best in- ing period of our time to the Senator work for you 5 years later. terests. Let me give an illustration I have from Arizona, Mr. KYL. I know the Senator from Massachu- Mr. President, I respect enormously used before. In my home State of Ari- setts talked about distinguishing be- the contributions that the Senator zona, we are in a construction boom pe- tween immigrant populations based on from Nebraska and the senior Senator riod. We cannot get enough people to skills, based on talents and their con- help build houses. There are jobs that from Arizona, Mr. MCCAIN, and Senator tribution. I say we have every right as go begging, and therefore we have to KENNEDY have made to try to address a nation to determine what the at- this problem that has festered for so rely on a large supply of foreign labor tributes are of the immigrants we want long and which cries out for resolution. to help. It is undoubtedly the case that I daresay, as chairman of the Immi- to come here and contribute to our many of the foreign laborers are ille- gration, Border Security, and Citizen- country, whether they are a net-plus in gal. They are not documented in the ship Subcommittee of the Senate Judi- terms of their contribution. Let’s say appropriate way. However, they are ciary Committee, that I have been try- have engineer, math, or science skills workers who are performing a valuable ing to make a contribution to that so- as opposed to low-skilled workers. I function in our economy today. think we have a right to make that dis- lution, as has Senator KYL. We have Here is the question. I have been in held numerous hearings of our sub- tinction. Arizona now for almost 50 years. We This is an important amendment. I committee. He chairs the Terrorism have seen lots of upturns and lots of do not believe it will gut the bill but Subcommittee of the Senate Judiciary downturns. What happens when the will advance it. downturn comes, when we are not Committee. Inasmuch as our border I yield the remainder of our time to presents national security concerns, we building as many houses or office the Senator from Arizona. buildings, there aren’t many jobs avail- have held many committee hearings to The PRESIDING OFFICER. The Sen- able, and Americans begin to find that try to, first, find out what the problem ator from Arizona is recognized. jobs are not available for them, they is, and, second, try to couple with prac- Mr. KYL. Mr. President, this is a tical solutions. I appreciate the con- simple amendment, a very important are unemployed, and there is just not tributions of each and every Senator amendment. It is not inconsequential. the work for people? What happens if who has tried to find a solution to this It changes in a major way a specific you have a temporary visa issued and problem. feature of the underlying bill. But I be- say that visa is for a period of 2 years? I recognize this is what some have lieve that feature is wrong and needs to That visa expires, and there is no more called a ‘‘fragile compromise’’—that if be changed. The underlying bill sets up job available. In fact, there are Ameri- we tinker with it, all of a sudden it im- a temporary worker program, but it is cans looking for work. That foreign plodes and nothing is going to happen. not temporary in the sense that the worker goes home. When another job I personally don’t believe that be- workers who come here and get a tem- opens up, when the construction indus- cause we have seen a number of amend- porary worker permit can then apply try gets going again and there are op- ments offered and accepted during the for permanent legal residency and ulti- portunities for foreign labor because course of this debate which I believe mately citizenship. There is no reason Americans can no longer provide all of has done nothing but make this bill to deny them that under the bill. the labor required, the visas would stronger and better. I am absolutely As a result, you never have tem- begin being issued again, and that indi- committed to seeing passage of a bill porary workers. You always have per- vidual could come back and begin out of the Senate and then going to the manent workers, people who are al- working again. Perhaps there is some conference with the members of the lowed to come here originally as tem- other industry in which the individual House of Representatives. They have porary but who can in effect automati- can work. In any event, the visa for some very different views from all of cally convert their status to perma- that job would, after a year or after 2 us. nent legal residency and then citizen- years, expire, and if there is not a job If our colleagues from Nebraska and ship. available, you do not issue a new visa. Massachusetts and the senior Senator The question is, Why is that nec- The problem in the underlying bill is from Arizona think that they have essary? The second point is it creates a that once you get your temporary visa, found some adversaries on some of problem when economic conditions you can apply or your employer can these points among those of us here, change. apply for you to turn that automati- just wait until they get to the con- Why would it be necessary? There are cally into a permanent legal residency ference with Members of the House. many visas in our system today that status or a green card status. And we Then they will see that we really have are temporary. In fact, there are know from that you can apply for citi- a shared vision for comprehensive im- skilled labor visas that are temporary. zenship. When you have a green card, it migration reform, and we are going to They can be renewed. They are based does not matter whether there is a job have to work through all of that. upon an economic need. When there is here for you, it does not matter wheth- But I don’t believe it is appropriate a job here that is going unfulfilled by er we are in the middle of a recession to say that this amendment which an American worker, we have the abil- and Americans are looking for work; merely tries to bring accuracy and ity to issue visas to foreigners who can you have a legal right to be in the truth in advertising to this temporary then come here and work for a tem- United States and no one can kick you worker program, that it, in fact, be porary period of time. Then they re- out. That is what legal permanent resi- made temporary and not permanent turn home. As long as there are jobs dency means. that a guest worker program does not here, those visas ordinarily continue, So there is no reason in a temporary mean permanent residence and Amer- but when the work is not here, the worker program to be able to convert ican citizenship. visas stop. That is a good thing. the temporary visa or permit into a

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.100 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4783 legal permanent residency. In fact, people we are talking about—our view quires for the first time in our history there can be great harm done if the is they should be temporary workers, a sustained, incoming, trainable, and economy changes, the economic situa- subject to the economic conditions of permanent workforce of the kind that tions change, jobs are no longer avail- the United States, not replacing Amer- the American citizen, by birthrate, is able, and instead of having those visas ican workers but fulfilling a work re- not providing. expire, you have converted the individ- quirement when there aren’t enough If we deny that as a country, if we uals into people who have a permanent Americans to do the job. It is basically create instability as a country, we right to stay in the United States. the same thing the President said in deny ourselves the ability to continue This amendment does absolutely his speech earlier this week when he to grow. And if we do not grow, this nothing to change the existing law said that the temporary workers Senate is going to be faced with public with respect to how you can acquire a should have an opportunity to be policy decisions we are not yet brave green card in the United States or con- matched with a willing employer when enough to make: Social Security re- vert other legal status into benefits there are not Americans who can do form, Medicare reform, Medicaid re- under our immigration laws. You can the job. When the job is finished, they form—all of those things which, with- still apply for a green card. You can can return home. I am paraphrasing, out a sustained economic growth cycle, still apply for other ways of remaining but I think those are the words of the become phenomenally expensive and in the United States for differing peri- President. maybe unaffordable. ods of time. We do not change any of The concept the President has articu- That does not sound like part of the that. If you are somebody who wants a lated is the same concept that we be- debate that would tie itself to the Kyl- green card, there is still a way to get a lieve is appropriate. It is the basis of Cornyn amendment, but I suggest it green card. In fact, under different the temporary worker bill in the Kyl- does. I suggest it behooves this country versions of the bill, the number of Cornyn legislation. We believe it is ap- to create a legal transparent immigra- green cards is increased so that there propriate for that same concept to be tion system with a secured border that are greater opportunities for green embodied in this legislation. allows America’s employers to train cards. The bottom line is, you do not Might I inquire how much time re- and sustain a permanent workforce, a have to convert the temporary worker mains on both sides? constantly growing permanent work- program into a permanent worker pro- The PRESIDING OFFICER. Twelve force, because the American, by birth, gram. minutes to the Senator from Arizona is no longer going to do that. It is the There are economic studies which and 7 minutes to the Senator from nature of our country. It is the matu- back up what I am saying. For the sake Massachusetts. rity of our country. It is, in fact, the of time, I will not get into the details Mr. KYL. I will give someone on the wealth of our country. That is, in part, of some of the studies. Among other other side an opportunity to speak. what all of this debate is about. things, in previous times, going back Mr. KENNEDY. Mr. President, I yield Americans said: Get your borders se- to the year 2000, for example, in the the remaining time to the Senator cured and get the illegal flow under skilled visa era where we issued large from Idaho. control; identify them, control them. numbers of visas, there were economic Mr. CRAIG. Mr. President, I ap- That is what we are trying to do. studies that suggested we could have a proach this part of the debate on a crit- I do not believe that a constant tem- continuing need for those visas on into ical piece of legislation with due cau- porary environment is a stable envi- the future for some number of years, tion. I say that because of my respect ronment. For those who work for long and we were issuing those visas at a for my colleagues from Arizona and periods of time and get a green card, very high rate at that time. Little did from the State of Texas and the work does it mean they will become a cit- we know that the economic conditions they have done as members of the Judi- izen? No, it does not. Does it mean were going to change very rapidly, and ciary Committee and the due diligence they are eligible? In this bill, it says: very quickly those high-skilled jobs they have always put into this critical Yes, if you go to the end of the line and fell off. Yet we had issued visas for peo- issue. apply, and that is 6 years, another 5 ple to come into the country at a time I believe there is a component miss- years, that is 11 years, and it goes on when, in fact, we were starting to go ing from this debate that speaks to the and on. into a recession and, in fact, those jobs need for this country to be in a con- I don’t believe this is an appropriate were not available for those people. tinual and progressive mode of training amendment to this bill. There is If they had been able to permanently and shaping a permanent stable work- enough temporariness to the bill itself reside in the United States after they force. by the nature of H–2A’s, H–2B’s and H– got their temporary visas, it wouldn’t Unlike all of the demographic studies 2C’s, and that is written in. There has matter whether there were jobs avail- of the last decade or two, there is to be some stability of permanency. able for them; they would be here. It something upon us as a nation that we That is critical to the American eco- would be legal. There would be no way have never experienced before. I am a nomic scene and to the stability of to remove them. And of course, with 1945 baby. I am 60 years old. I am just America’s workforce. And even in that, green cards, they would be entitled to 1 year ahead of a great class of people— we will have the down cycles that the benefits which would flow from that 77 million Americans—called baby Senator from Arizona talks about. I am status. The United States is going to boomers. They, similar to myself, be- not sure at that point, when trained have to pay a lot of unemployment cause of their age, will soon be leaving workers are at hand and have supplied compensation if we now have two bod- the American workforce. There are de- the American economy with its ies of workers, neither one of which mographic studies out there today growth, that you say: The lights are can get a job or both of which are com- which suggest that if we are to sustain out, leave the country. peting with each other, American a 3.5- to 4- percent growth economy, we Somehow, we have to balance that workers and foreign workers. have to have about 500,000 new, non- out. That is what we are attempting to Whether you are talking about pure- U.S. citizen workers in our workforce do. That is why tonight I ask my col- ly the future flow workers under the on an annual basis. leagues to oppose the Kyl-Cornyn temporary worker program which Yes, we will have ups and downs in amendment. many in this Senate want to create, al- the economy. We always have. But in Mr. LEAHY. Mr. President, this is though we differ somewhat on the de- the last downtrend we had, in the final yet another amendment designed to tails of it, I would like to create a tem- days of the Clinton administration and undermine the well-balanced programs porary worker program because we the early days of the Bush administra- in this bill. The Comprehensive Immi- think they may be needed in the fu- tion, it was about 3.5 million in the gration Reform Act is the product of ture, or you are talking about the peo- downturn before it came back. In the hard-fought compromise and it reflects ple in the underlying bill who have 5.2 million jobs created since that time, a balance between the needs of Amer- been here 5 years or less and are re- one-third of them have been claimed by ican business and American workers. quired to go into the temporary worker foreign nationals. It speaks to an eco- Strong coalitions representing both of program—those are the two groups of nomic growth pattern that now re- those sectors of our society support

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.101 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4784 CONGRESSIONAL RECORD — SENATE May 18, 2006 this bill and endorse the temporary stay their visas and continue to live The reality is, whether you are talk- worker program contained in it. and work in the U.S. out of status. ing about the hospitality industry with One critical provision in the bill cre- That would put us back in the position people making beds and washing the ates an opportunity for temporary we are in right now—the position that dishes or talking about the construc- workers who have followed the rules we all agree must be reformed. tion industry or landscaping, there are and worked hard while in the U.S. to In fact, the reason that guest worker millions of Americans doing those jobs. seek legal permanent status after a pe- programs have failed in the past is pre- And we want to know that those jobs riod of time. An employer who has cisely because they did not contain an are there for those American citizens come to rely upon an immigrant guest option for guest workers to apply to re- when the economy is not as strong as it worker and wants to keep that immi- main in the U.S. legally, if that is what is now. grant on staff can file a petition after they hope to do. Many guest workers So in periods of decreasing jobs and 1 year for the immigrant to get in line will return home, but not all. We increasing unemployment, we want to for a green card. The guest worker does should ensure that the programs we de- be able to ensure that American work- not receive any preferential treatment fine in law do not send immigrants ers can remain employed. With a tem- in this program. He must get in the back into the shadows. porary foreign worker program, we can back of the line and meet all the other Finally, I express my disappointment ensure that because the foreign work- requirements to earn citizenship, a in hearing about the White House sup- ers are brought in, to the extent they process that will likely take more than port of the Kyl amendment. I find it are needed, when they are needed, in a decade to complete. troubling that the White House would each of these industries. But if they The Kyl amendment strips out this choose this amendment to fight so hard can convert to permanent status auto- provision, taking away a valuable op- to pass. A tremendous amount of effort matically, which is what this legisla- tion for both the immigrants and their has been expended by many of us in the tion would allow, they cannot be re- employers. Senate, including a handful of deter- moved. They are here. They have legal When a similar amendment was de- mined Republicans, to preserve the permanent residency and eventually bated in the Judiciary Committee—and core provisions of the bill. These com- can acquire citizenship, if they desire. defeated, as I hope this one will be—the mitted supporters of the bill view the So whether there is a job for them sponsor stated his belief that lower Kyl amendment as one that strikes to here or not, they are here. The studies skilled immigrant temporary workers the core of the compromises contained show they compete with American should have to leave the U.S. after a in it. We would have benefited from the workers very well in the low-skilled few years. High-skilled workers are not White House’s involvement earlier in job categories by usually taking less treated in this manner. H–1B visas the process in a helpful way, but its money than Americans, with the result holders have the opportunity to apply choice to fight against comprehensive that many times Americans will be un- for green cards under current law. But reform today is a grave disappoint- employed, for which we will be respon- some sponsors of this bill are willing to ment. sible for paying unemployment com- treat guest workers as second class. I yield the floor. pensation and other benefits, and yet This attitude is deeply disturbing. The PRESIDING OFFICER. There is the foreign worker might have the job. Lower skilled workers are essential to 2 minutes remaining on the opposition So instead of a situation in which there our economy and deserve to be treated side and 12 minutes on the proponents’. is not an American to do the job, we with respect and dignity. Many of our Mr. KENNEDY. We are prepared to will have a situation in which there is great American leaders, scientists, art- yield back our time if the other side a job, but it is held by a foreign worker ists, and teachers have immigrant wants to yield back. rather than an American worker. roots of very modest means. Through- Mr. KYL. Mr. President, let me take Why do we need to take the chance, out this debate we have heard many a couple of minutes to respond to my is my question. We all agree with the Senators tell their personal stories. Al- friend, the Senator from the State of concept of a temporary worker pro- most all of these reflected early years Idaho. gram for skilled labor. In skilled labor, of hardship and struggle while immi- He projects that 500,000 workers are these visas expire. For student visas, grant parents worked hard under very going to be needed every year. That they expire. For tourist visas, they ex- tough circumstances so that their chil- sounds a bit high, but there is a way to pire. They can be renewed in certain dren could have greater opportunities. resolve the question. If we have a tem- situations. In the different categories Not only is that attitude offensive to porary worker program that works of temporary workers that we have in me, but it makes little business sense. well and brings in all of the temporary the law today, they are all for a spe- Employers of immigrants in the sec- employment needed to fill your labor cific period of time, and then they ex- tors most likely to use these tem- needs, then whatever that number is pire. porary workers, such as hotels and can be satisfied with the temporary What is the matter with that same tourism, food service, health care, and worker program. But if the Senator is principle being applied to low-skilled meat packing, support the program in wrong and we do not need that many workers? In fact, the experts all the bill. The National Restaurant Asso- people but we have allowed that many agree—we had testimony before our ciation has stated that the restaurant people to come into this country and committee—that with respect to low- industry is expected to create almost 2 remain here permanently, then we skilled workers, you are more likely to million new jobs by 2016. It expects this have a big problem because we also have people who are undereducated or growth to outpace available labor. For have to consider the American worker less well educated and likely to work reasons such as these, the business and the job of the American worker. in the lower skill occupations. No sur- community, including the U.S. Cham- The Senator said we need stability in prise there. So if you are going to end ber of Commerce and members of the our workforce. Indeed, that is a good up in a situation in which you have Essential Worker Coalition support the thing. But I submit we need stability extra workers who are here, would you bill, and strongly oppose this amend- for the American worker. The Amer- rather have them be of the high-skilled ment. ican worker needs to know his job is variety or the low-skilled variety, un- Striking the path to citizenship secure. In all of the industries we are able to be as flexible in the job market measures in the guest worker program talking about, while there is a signifi- as somebody with better education and is also the wrong decision for national cant need for foreign labor, there are skills? security reasons. One of the driving far more American workers working in Our immigration law has always been forces behind enacting a comprehen- those industries than foreign workers. very leery of allowing large numbers of sive reform program is to ensure that The bottom line is, there are Amer- undereducated and low-skilled workers we know who is living and working ican workers who will do these jobs. into the country because they rep- within our borders. If there is no path The only exception of any significance resent a potential expense for this available to those who seek it and can is in certain specters of agriculture. country in the event that the employ- meet the tough requirements in the And agriculture, in many respects, is a ment that was promised to them does bill, then some guest workers will over- very different animal. not materialize or goes away.

VerDate Aug 31 2005 02:56 May 19, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.103 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4785 So there is no need to take a chance [Rollcall Vote No. 135 Leg.] which are meaningless when they could on this. If, in fact, my colleague is cor- YEAS—58 be accepted. It would be ludicrous, not- rect that we will need more laborers, Akaka Feingold Murkowski withstanding the fact that we all de- we can get them under a temporary Alexander Feinstein Murray serve to be voting tomorrow on ludi- program where permits can continue to Baucus Hagel Nelson (FL) crous matters. But the majority leader Bayh Harkin Obama be expanded. We can expand the num- Biden Inouye Pryor decided we will not bring in people to ber or they can be renewed. Bingaman Jeffords Reed have meaningless votes. It is our hope In any event, there is always the op- Brownback Johnson Reid that this will spur us to some meaning- Cantwell Kennedy Salazar portunity for people to acquire green Carper Kerry ful votes early on. Sarbanes cards. In fact, under I think all of the Chafee Kohl The Chambliss amendment will be Schumer Clinton Landrieu bills that are pending, the number of Smith laid down tonight, and there will be 30 Cochran Lautenberg minutes of debate on it before the vote green card slots is increased. So there Coleman Leahy Snowe is also an opportunity for that. Collins Levin Specter at 5:30 on Monday. We will have a vote But in case they are wrong, and jobs Conrad Lieberman Stabenow on Senator FEINSTEIN’s amendment, evaporate over time, and even Ameri- Craig Lincoln Stevens where she will have substantial time Dayton Lugar Voinovich cans cannot find work, why would we DeWine McCain Warner on Monday afternoon. We will see if we want to be granting these foreign resi- Dodd Menendez Wyden can construct a vote for Senator EN- dents who are here temporarily the Durbin Mikulski SIGN on what he is trying to work out, right to be here permanently? It seems NAYS—35 which has quite a number of concerns. to me it is unnecessary. It is poten- Allard Dole Kyl Senator BOND has an amendment that tially devastating, devastating to Allen Domenici McConnell we may be able to take. American workers, and we ought to Bennett Dorgan Nelson (NE) The remaining business tonight is to Bond Ensign Roberts take the amendment of the Senator change it. Burns Enzi Santorum from Florida by a voice vote, which As a result, I hope my colleagues will Burr Frist Sessions support this amendment, which could Byrd Grassley Sununu will, I believe, conclude business on Chambliss Gregg Talent this bill for the evening and the week. go a long way toward improving this Coburn Hatch Thomas Mr. FRIST. Mr. President, in the big bill, creating a true temporary worker Cornyn Hutchison Thune Crapo Inhofe picture, let me say at the outset that program rather than one which auto- Vitter matically converts to legal permanent DeMint Isakson things are going very well. It is 9:30 on residency. NOT VOTING—7 a Thursday night. We are making deci- sions about tomorrow and Monday. We The PRESIDING OFFICER. Who Boxer Lott Shelby yields time? Bunning Martinez have had a very good week. I thank the Graham Rockefeller Democratic leader and both managers There is 51⁄2 minutes on the pro- ponents’ side and 2 minutes on the op- The motion was agreed to. for making great progress over the ponents’ side. Mr. DURBIN. Mr. President, I move course of the week. It is very frustrating, from a leader- Mr. KYL. Mr. President, the Senator to reconsider the vote. ship standpoint, for the Democratic from Massachusetts is willing to yield Mr. SPECTER. I move to lay that leader and myself, where we have to back his time. And if there is no one motion on the table. The motion to lay on the table was truncate and essentially stop tonight else on this side desiring to speak, I agreed to. when we could have had a productive will be happy to yield back our time. I The PRESIDING OFFICER. The Sen- day tomorrow morning. Two reasons. hope our colleagues will support the ator from Pennsylvania is recognized. The managers have done such a good amendment. Thank you. Mr. SPECTER. Mr. President, we job addressing such a large number of Mr. MCCAIN. Mr. President, I move have made good progress on the bill amendments—more than I had antici- to table the amendment and ask for but, candidly, not enough progress. We pated—which is good, which means the the yeas and nays. have about two-thirds of the Repub- amendments that remain, they want a The PRESIDING OFFICER. Is there a lican list included, and I think that lot of people around to be able to vote sufficient second? much or perhaps even more of the on those. In part, I am making an ex- There appears to be a sufficient sec- Democrats’ list. We are not sure there cuse because I told everybody we are ond. because we just got the list. We have going to vote tomorrow morning. The question is on agreeing to the been trying hard to schedule two votes Given where we are, it is in our best in- motion. for tomorrow to try to get the Senate terest to complete debate tonight, and The clerk will please call the roll. back on a schedule where we work on the votes we would have had tomorrow The assistant legislative clerk called Fridays. It would take about a half we will have Monday. There will be at the roll. hour to go through the chronology of least two votes starting at 5:30 on Mon- Mr. MCCONNELL. The following Sen- about eight different amendments that day. ators were necessarily absent: the Sen- we have tried to structure but all of We do have to recognize in this body ator from Kentucky (Mr. BUNNING), the which have collapsed. Managing a bill that we cannot stop work on a Thurs- Senator from South Carolina (Mr. has a lot of pitfalls, where we have ab- day afternoon or evening. We have to GRAHAM), the Senator from Mississippi sences for dinners on both sides, where be able to use Fridays, especially over (Mr. LOTT), the Senator from Florida we have adjournments for signing cere- the remainder of the session. We don’t (Mr. MARTINEZ), and the Senator from monies, where we have recesses for so- have that many days. Even between Alabama (Mr. SHELBY). cial events at the White House and now and next week, we have this bill— Further, if present and voting, the other places. In one situation, we had and that is why we are working as hard Senator from Kentucky (Mr. BUNNING) an arrangement for a half hour, equally as we can—and we have the Kavanaugh would have voted ‘‘nay’’ and the Sen- divided, and to have a vote tomorrow nomination, which is out there and ator from Florida (Mr. MARTINEZ) and that was changed to we cannot do ready to bring to the floor. We have a would have voted ‘‘yea.’’ it tomorrow to we can do it tomorrow, supplemental spending bill which funds Mr. DURBIN. I announce that the but we want 2 hours, to we cannot do it our troops overseas. I talked to three Senator from California (Mrs. BOXER) ever. different generals today and the Sec- and the Senator from West Virginia I think there would be a 100-to-noth- retary of Defense, all of whom say we (Mr. ROCKEFELLER) are necessarily ab- ing vote on the point that we don’t have to act on that supplemental. So sent. have enough discipline here to move we have to have Senators here. We The PRESIDING OFFICER (Mr. ahead with our work. We have tried to have to have them participating. BURR). Are there any other Senators in get this bill complete. So after telling Again, this is not the fault of the the Chamber desiring to vote? the majority leader what the situation managers. They have done a superb The result was announced—yeas 58, was, it was decided that it would be job. It means that tomorrow we will nays 35, as follows: fruitless to have two 99-to-0 votes likely be in session, but we will not

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.105 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4786 CONGRESSIONAL RECORD — SENATE May 18, 2006 have rollcall votes. We will be voting thank the leaders for all they have such State to perform annual training duty Monday afternoon at 5:30. done, and I thank the Members on both under section 502(a) of title 32, United States Mr. REID. Mr. President, I will make sides. Code, to carry out in any State along the a brief comment. Mr. SPECTER. Mr. President, we will southern land border of the United States Mr. President, we started out on this the activities authorized in subsection (b), now go to the Nelson amendment. for the purpose of securing such border. Such with the decision that we were going to The PRESIDING OFFICER. Under duty shall not exceed 21 days in any year. try to do some legislation on this very the previous order, the Senator from (2) With the approval of the Secretary of difficult bill. This is from our perspec- Florida is recognized. Defense, the Governor of a State may order tive. We wanted to move through this Mr. DODD. Mr. President, if my col- any units or personnel of the National Guard an amendment at a time. I think it league would yield, we have an amend- of such State to perform duty under section worked out well. We are at a point ment that I think has been agreed to, 502(f) of title 32, United States Code, to pro- now, I think, as we have done earlier in and I am prepared to take 5 or 10 min- vide command, control, and continuity of support for units or personnel performing an- the day, that we don’t have to live by utes tonight and get through it. I will nual training duty under paragraph (1). that. We have proven that we can legis- leave it up to the leaders how they (b) AUTHORIZED ACTIVITIES.—The activities late. We can always go back and do an want to handle it. authorized by this subsection are any of the amendment at a time if we have to. We Mr. SPECTER. Mr. President, let’s following: are going to take an amendment at a take the Nelson amendment. There is (1) Ground reconnaissance activities; (2) Airborne reconnaissance activities; time on a case-by-case basis, and we always manana. (3) Logistical support; have no objection tonight—or very Mr. ENSIGN. Mr. President, par- (4) Provision of translation services and likely in the near future—to being able liamentary inquiry. training; to set amendments aside and move on. The PRESIDING OFFICER. The Sen- (5) Administrative support services; I think we have been able to accom- ator from Nevada is recognized. (6) Technical training services; (7) Emergency medical assistance and serv- plish a great deal in this short week. Mr. ENSIGN. Mr. President, my un- ices; This bill is not finished yet, so there derstanding of the earlier unanimous (8) Communications services; is no reason to give high fives and say consent agreement was that I would be (9) Rescue of aliens in peril; work well done. There is still a lot of recognized followed by Senator NEL- (10) Construction of roadways, patrol real hard work to do. I have submitted SON. roads, fences, barriers, and other facilities to at the request of the manager, the dis- The PRESIDING OFFICER. The Sen- secure the southern land border of the United States; and tinguished chairman of the committee, ator is correct. The unanimous consent (11) Ground and air transportation. a list of Democratic amendments that agreement recognized the Senator from (c) COOPERATIVE AGREEMENTS.—Units and we have hotlined—a lot of them. I have Nevada for 10 minutes prior to Senator personnel of the National Guard of a State indicated to the managers that I am NELSON. The Senator from Nevada is may perform activities in another State confident that most of them will not recognized. under subsection (a) only pursuant to the terms of an emergency management assist- have to be offered. You asked for that AMENDMENT NO. 4076, AS MODIFIED and you have gotten that. ance compact or other cooperative arrange- Mr. ENSIGN. Mr. President, we have ment entered into between Governors of such I think that this coming week we all spent a great deal of time talking States for purposes of this section, and only have to keep our heads down and push about how to proceed with tonight’s with the approval of the Secretary of De- hard. There is a lot of work to do, and debate. We have been trying to work fense. we have very significant amendments. out whether we would have a vote on (d) COORDINATION OF ASSISTANCE.—The Sec- I applaud and commend Senator SPEC- my amendment No. 4076. retary of Homeland Security shall, in con- TER and Senator KENNEDY for the way I send a modified version of my sultation with the Secretary of Defense and the Governors of the States concerned, co- I see the Senate working. I think we amendment to the desk which has been have done good work. We have had ordinate the performance of activities under seen by both Senator BYRD and Senator this section by units and personnel of the some very timely amendments and dif- GREGG who had previously expressed National Guard. ficult amendments. We have had win- problems with the text of the amend- (e) ANNUAL TRAINING.—Annual training ners and losers. That is what legis- ment. The modification strikes a par- duty performed by members of the National lating is all about. Some of the com- ticular paragraph which had dealt with Guard under subsection (a) shall be appro- promise takes place not in the back the questions of which agency would priate for the units and individual members concerned, taking into account the types of room but on the Senate floor when we fund the program if the cost exceeded a vote. units and military occupational specialties certain dollar amount. I would ask for of individual members performing such duty. Mr. KENNEDY. Mr. President, I wish immediate consideration of the modi- (f) DEFINITIONS.—In this section: to thank the leaders and my colleague, fied amendment. (1) The term ‘Governor of a State’ means, Senator SPECTER. I think this has been The PRESIDING OFFICER. The in the case of the District of Columbia, the a very good week in terms of talking clerk will report. Commanding General of the National Guard and debating. I think we have seen The legislative clerk read as follows: of the District of Columbia. some real debates on the floor of the (2) The term ‘State’ means each of the sev- The Senator from Nevada [Mr. ENSIGN], for eral States, the District of Columbia, the Senate, some which we have not seen himself and Mr. GRAHAM, proposes an amend- Commonwealth of Puerto Rico, Guam and for a long period of time. I think the ment numbered 4076, as modified. the Virgin Islands. Members know a great deal more about Mr. ENSIGN. Mr. President, I ask (3) The term ‘State along the southern bor- what is in this legislation. They may unanimous consent that further read- der of the United States’ means each of the like it or not, but I think the debate ing of the amendment be dispensed following: will be even better next week. I think (A) The State of Arizona. with. (B) The State of California. we have made good progress. Some- The PRESIDING OFFICER. Without (C) The State of New Mexico. times it is useful to take a little time objection, it is so ordered. (D) The State of Texas. to go over these amendments, as some- The amendment (No. 4076), as modi- (g) DURATION OF AUTHORITY.—The author- one who has been here for 12 hours. fied, is as follows: ity of this section shall expire on January 1, Sometimes we can have a better debate 2009. (To authorize the use of the National Guard (h) PROHIBITION ON DIRECT PARTICIPATION and discussion if we can go over them to secure the southern border of the United IN LAW ENFORCEMENT.—Activities carried and know where we are going to be on States) out under the authority of this section shall Monday and then what the priorities At the end of subtitle C of title I, add the not include the direct participation of a are. The Republicans have had, as I re- following: member of the National Guard in a search, member, 20 sort of key issues. We have SEC. 133. TEMPORARY NATIONAL GUARD SUP- seizure, arrest, or similar activity. gotten through a fair amount of them. PORT FOR SECURING THE SOUTH- Mr. ENSIGN. Mr. President, I will There is still a good group of those. I ERN LAND BORDER OF THE UNITED speak just briefly, because it is late. I STATES. think they have laid out the issues, (a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) am not going to take up a lot of time, and I think we can use this time and be With the approval of the Secretary of De- but this is a very important amend- better prepared and have a better de- fense, the Governor of a State may order any ment. The substance of this amend- bate and a better outcome next week. I units or personnel of the National Guard of ment is something that I have been

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.106 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4787 working on for over a month. During We had a hearing in the Senate So I thank the Senator for bringing the last Congressional recess, I went Armed Services Committee yesterday. this to the floor. It is critical and im- down to Yuma, AZ, where the Presi- The National Guard told the com- portant. It fits well into what our dent was today. I saw firsthand what mittee that they are very excited President has proposed, responsibly so, an extraordinary job our Border Patrol about this mission, about what they for our country. is doing. I also observed firsthand how will be accomplishing. Instead of build- Mr. DURBIN. Would the Senator undermanned the agency is and how ing a road and tearing it up with a yield for a question? overwhelmed they are with the num- tractor, they will actually be building Mr. ENSIGN. Mr. President, I would bers that are coming across our south- a road that is going to help secure the ask unanimous consent for an addi- ern border. United States of America. I have re- tional 2 minutes so that I will be able When I was at the border, I asked a ceived e-mails from National Guards- to yield for a question. question of the Border Patrol per- men in my State that say they believe The PRESIDING OFFICER. Is there sonnel. That question was: Could you in the objective, they believe in the objection? Without objection, it is so use more National Guardsmen at the mission, and they are very excited ordered. border, beyond those in the Counter about it. Mr. DURBIN. Mr. President, I would Drug Program, to help you with your I want to be clear. Some people have like to ask the Senator a question be- mission of protecting and securing our erroneously reported in the media that cause perhaps he has thought this borders? The overwhelming answer was the National Guard would be on the through and he could help me under- that they would absolutely welcome border and would be arresting, they stand it. I support the President’s ef- our National Guard in larger numbers would be shooting at people, that they fort to make the border stronger and down on the border. would be militarizing the border and safer. What I understood him to say The Border Patrol was very clear. It performing law enforcement activities. was at least 6,000 National Guardsmen would create problems if the National That is not true. Let me tell you ex- at any one time, rotated every 2 or 3 Guard were to come down to the border actly what we have put in this amend- weeks to accommodate what was their to carry on law enforcement duties like ment that states exactly what the Na- normal training schedule. By my cal- arresting, detaining, and questioning tional Guard will be authorized to do. culation, that means that in the first detainees. Each of those things are They will be authorized to conduct year over 100,000 National Guardsmen part of the speciality role that the Bor- ground reconnaissance activities, air- from around the United States will be der Patrol should do. They are, after borne reconnaissance activities, sent to the border. And in the second all, highly trained law enforcement logistical support, provision of trans- year, when half as many are needed, personnel while the National Guard is lation services in training, administra- another, say, 50,000. So out of the trained in other areas, areas for which tive support services, technical train- 400,000 National Guardsmen nation- the Border Patrol requires support. ing services, emergency medical assist- wide—I hope my figure is correct, al- In his Monday night address, the ance and services, communications though I don’t know if it is—but is it President proposed using up to 6,000 services, rescue of aliens in peril, and your understanding that 100,000 to National Guardsmen on the border this construction of roadways, patrol roads, 150,000 will end up on border duty dur- year. Their presence would help mul- fences, barriers, and other facilities to ing that period? tiply the force of the Border Patrol secure the southern land border of the Mr. ENSIGN. Mr. President, I thank that is currently on the border. What United States. They will also cooperate the Senator for his question. I was do I mean by that? In many instances, with ground and air transportation. going to address his very point. The the Border Patrol is taken away from We are very clear on what their mis- way that the Border Patrol, the Na- their normal duties when they have to, sion is going to be down there. I appre- tional Guard, and the administration for instance, perform a medical rescue ciate the work of Senator CRAIG on this have developed their plan envisions of somebody who has gone into dis- issue. I see him here on the Senate that about one-third of the 6,000 tress. This is actually a common occur- floor. He has been one of the biggest Guardsmen would actually be on the rence in the southwest desert. Immi- proponents of using the National Guard border for longer than the 21 day max- grants crossing the desert become de- down on the border, and I appreciate imum. My amendment mirrors their hydrated and nearly die. Some of the the driving force that he has been in plan. It sets forth that two-thirds of the United States Senate to bring Border Patrol surveillance cameras the overall personnel will perform everybody’s attention to this issue. might pick it up, or the alien pulls a their required 21 days of annual train- Mr. CRAIG. Mr. President, will the ing down on the border. That time is distress beacon to signal they need Senator yield? help, and the Border Patrol actually Mr. ENSIGN. I would be happy to time that the Guardsmen committed to goes to rescue them. This is something yield. when they signed up. The amendment the National Guard is very well trained Mr. CRAIG. Mr. President, I thank also says that about a third of the to do. When they are on the border, the the Senator for bringing this issue be- force, consisting of command personnel National Guard can fulfill that mission fore the Senate. Yesterday the Senator and guardsmen who are necessary for which will free up the Border Patrol to from Nevada and I were in attendance integration purposes, will be down perform some of the other functions of at a hearing of the Armed Services there full time. They will be there full their duties, like arrest and detention. Committee chaired by Senator WAR- time to ensure some continuity. The When the National Guard trains NER, with the Secretary of the Army, personnel who are rotating in will need today, when personnel are performing the Chief of the National Guard, the to have leadership that can organize their 2 to 3 weeks of training, they are lieutenant general of the Army, and and who have some institutional mem- building roads, building fences, and the Chief of the Border Patrol. What ory. The full time personnel can say to building bridges. They do all of these we saw was the coming together of a the rotating personnel: you need to go things as part of their training. Except complete unit, a complete unit to se- here, this is what you will do, and we most of the time when they are train- cure our border and build an orderly need you to work with this other ing, after they build something they process on the border. group. are required to tear it down. It is a What the Senator from Nevada During our hearing yesterday—this training exercise. What this amend- speaks to tonight is a reality that is very issue came up—according to the ment envisions is that what they will very doable, and it is done in the nor- National Guard the numbers that the build, fences, barriers, and roadways, mal activity of the summer training of President has committed will work. will all be essential infrastructure our Guard. The Senator knows that we They have said that this mission can needed to secure the border. The Na- are not putting Guardsmen out on the be done, that there is absolutely no tional Guard can use training time to front lines. They will facilitate those problem for them to operate in this build roads down on the border, except of the Border Patrol who are the front- fashion, considering they will be going this time they won’t have to tear them line officers in this defensive securing through the training anyway. Per- down. What they build will actually be mechanism that we will call the south- sonnel will have to go through the 2 to permanent structures. western border of our country. 3 weeks of training and this set up will

VerDate Aug 31 2005 03:31 May 19, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.108 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4788 CONGRESSIONAL RECORD — SENATE May 18, 2006 actually improve the training they are AMENDMENT NO. 3998, AS MODIFIED problem that, when our Border Patrol getting. Mr. NELSON of Florida. Mr. Presi- apprehends illegal aliens, they have no Mr. DURBIN. Will the Senator yield dent, since I seem to be the only thing place in which to process them, no de- for another question? in between now and the Senate ad- tention beds, so 90 percent in some Mr. ENSIGN. I am happy to. journing, I will not take the 10 minutes parts of this country are released. Mr. DURBIN. I would like to address and will make it very short at the re- Guess what. They never appear for this question through the Chair. About quest of the chairman. their formal appearance and they melt 75 percent of the Illinois National I call up amendment No. 3998, with a into the economy and add to the exist- Guard units have been activated to modification which is at the desk. ing problem. serve in Iraq or Afghanistan, and some The PRESIDING OFFICER. Without The chairman has addressed this al- have been on more than one tour of objection, the pending amendment is ready. Whereas the current law adds duty. During the course of that, they set aside. The clerk will report the 8,000 of these detention beds per year, have left behind in Iraq and Afghani- amendment. and that is on top of a base of only stan a lot of wornout equipment, dam- The legislative clerk read as follows: 20,000 detention beds nationwide—the aged equipment. Currently our Na- The Senator from Florida [Mr. NELSON] chairman’s bill adds a one-time addi- tional Guard, in some areas of supplies, proposes an amendment numbered 3998, as tional 10,000 new beds over and above modified. like certain trucks, is down to 7 per- the 8,000 beds per year. This amend- cent of what they need, and nationwide Mr. NELSON of Florida. I ask unani- ment will double that by adding a one- we have been told the National Guard mous consent that the reading of the time 20,000 new beds above the 8,000 stock of supply and equipment has amendment be dispensed with. beds per year. It is very simple. That is The PRESIDING OFFICER. Without been depleted to the level of 34 percent it. objection, it is so ordered. of what they need. I thank the chairman of the com- The amendment (No. 3998), as modi- Can the Senator from Nevada tell me mittee for being willing to accept this fied, is as follows: whether our commitment of the Na- amendment. tional Guard to the border will also be On page 178, line 24, before ‘‘20 detention Mr. SPECTER. Mr. President, it is an facilities’’, insert ‘‘at least’’. a commitment to replenish the equip- On page 179, line 1, strike ‘‘10,000’’ and in- excellent amendment which is accept- ment they will need to serve effec- sert ‘‘20,000’’. ed. tively there and return home and do On page 179, line 4, after ‘‘United States’’, The PRESIDING OFFICER. If there their job? insert ‘‘subject to available appropriations.’’ is no further debate, the question is on Mr. ENSIGN. Mr. President, to ad- Beginning on page 179, strike lines 5 agreeing to the amendment. through 23 and insert the following: The amendment (No. 3998), as modi- dress that question, we actually talked (b) CONSTRUCTION OF OR ACQUISITION OF DE- fied, was agreed to. about that in yesterday’s hearing. It TENTION FACILITIES.— Mr. NELSON of Florida. Mr. Presi- was one of the questions that was (1) REQUIREMENT TO CONSTRUCT OR AC- asked. What the National Guard is QUIRE.—The Secretary shall construct or ac- dent, I move to reconsider the vote. going to do, with the Department of quire additional detention facilities in the Mr. DURBIN. I move to lay that mo- Defense, is take the equipment down United States to accommodate the detention tion on the table. there, and it will stay down there. If beds required by section 5204(a) of the Intel- The motion to lay on the table was the Illinois National Guard comes ligence Reform and Terrorism Protection agreed to. Act of 2004, as amended by subsection (a), The PRESIDING OFFICER. The Sen- down, they won’t come down with their subject to available appropriations. ator from Georgia. own equipment; they will use the (2) USE OF ALTERNATE DETENTION FACILI- equipment that is there. So it will stay AMENDMENT NO. 4009 TIES.—Subject to the availability of appro- Mr. CHAMBLISS. I call up amend- there for the 2 years, for the duration, priations, the Secretary shall fully utilize all what they need. So that is going to be possible options to cost effectively increase ment No. 4009. The PRESIDING OFFICER. Without paid for separately. It is part of the $1.9 available detention capacities, and shall uti- objection, the pending amendment is billion the administration had re- lize detention facilities that are owned and set aside. The clerk will report the quested, so it does not come out of the operated by the Federal Government if the use of such facilities is cost effective. amendment. normal National Guard budget, it (3) USE OF INSTALLATIONS UNDER BASE CLO- The legislative clerk read as follows: doesn’t come out of what we are trying SURE LAWS.—In acquiring additional deten- The Senator from Georgia [Mr. to replenish of the National Guard’s tion facilities under this subsection, the Sec- CHAMBLISS], for himself, Mr. ISAKSON, Mr. that are coming back from Iraq and Af- retary shall consider the transfer of appro- ALEXANDER, and Mr. BOND, proposes an ghanistan. priate portions of military installations ap- amendment numbered 4009. Those are excellent questions. We proved for closure or realignment under the Mr. CHAMBLISS. I ask unanimous Defense Base Closure and Realignment Act have addressed those. We have ad- consent that the reading of the amend- dressed those as to how the administra- of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) for use in accord- ment be dispensed with. tion policy is going to happen. ance with subsection (a). The PRESIDING OFFICER. Without This is the last point I will make. (4) DETERMINATION OF LOCATION.—The loca- objection, it is so ordered. This is a critical stopgap, but it is only tion of any detention facility constructed or The amendment is as follows: a stopgap because we can only train acquired in accordance with this subsection (Purpose: To modify the wage requirements about 1,000 Border Patrol agents a shall be determined, with the concurrence of for employers seeking to hire H–2A and year. It was my amendment actually to the Secretary, by the senior officer respon- blue card agricultural workers) ramp us up to 10,000 more Border Pa- sible for Detention and Removal Operations On page 452, strike line 1 and all that fol- trol agents in the intelligence bill last in the Department. The detention facilities lows through page 459, line 10, and insert the year. We can’t do even the 2,000 that shall be located so as to enable the officers following: and employees of the Department to increase ‘‘(A) IN GENERAL.—An employer applying bill envisioned, and we certainly can’t to the maximum extent practicable the an- get to the 10,000 right way. This bill be- to hire H–2A workers under section 218(a), or nual rate and level of removals of illegal utilizing alien workers under blue card pro- fore us needs this if you are going to aliens from the United States. gram established under section 613 of the have the temporary guest worker pro- (c) ANNUAL REPORT TO CONGRESS.—Not Comprehensive Immigration Reform Act of gram. This National Guard is the tem- later than 1 year after the date of the enact- 2006, shall offer to pay, and shall pay, all porary measure that we need to fill in ment of this Act, and annually thereafter, in workers in the occupation for which the em- so we actually secure the borders. 1I consultation with the heads of other appro- ployer has applied for alien workers, not less priate Federal agencies, the Secretary shall appreciate very much the indulgence of than (and is not required to pay more than) submit to Congress an assessment of the ad- the greater of— the manager of the bill. We look for- ditional detention facilities and bed space ward to further debate, if people have ‘‘(i) the prevailing wage in the occupation needed to detain unlawful aliens appre- in the area of intended employment; or that. I really appreciate your taking hended at the United States ports of entry or ‘‘(ii) the applicable State minimum wage. along the international land borders of the the time to allow us to fit in tonight. ‘‘(B) PREVAILING WAGE DEFINED.—In this The PRESIDING OFFICER. Under United States. paragraph, the term ‘prevailing wage’ means the previous order, the Senator from Mr. NELSON of Florida. Mr. Presi- the wage rate that includes the 51st per- Florida is recognized for 10 minutes. dent, this amendment addresses the centile of employees with similar experience

VerDate Aug 31 2005 03:31 May 19, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.108 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4789 and qualifications in the agricultural occu- wage rates alone. And those illegal in general. As such, the National Agri- pation in the area of intended employment, workers are subject to abusive pay- cultural Statistics Service’s survey expressed in terms of the prevailing rate of ment practices by some employers. creates an artificial, multi-state wage pay for the occupation in the area of in- Historically, approval of an employ- floor—one that significantly increases tended employment.’’. er’s use of non-immigrant visa-holding annually, regardless of the economy, Mr. CHAMBLISS. Mr. President, I foreign workers was predicated on two the agricultural market, and competi- ask unanimous consent that Senators things: No. 1, No U.S. workers were tive factors within a product line or ALEXANDER and BOND be added as origi- available to fill the specific job, and local area. nal cosponsors to the amendment. No. 2, wages for that occupation would Supporters of maintaining an adverse The PRESIDING OFFICER. Without not be depressed by the hiring of for- effect wage rate for H–2A workers will objection, it is so ordered. eign workers. tell you that it is necessary to prevent Mr. CHAMBLISS. Mr. President, I The obvious solution was the imposi- the presence of foreign workers from have said it before and I say it again tion of a prevailing wage requirement adversely affecting the wage rates of today that I think the approach taken for specific occupations. The prevailing U.S. farm workers. These are generally in this legislation we are considering wage, determined by surveys conducted the same folks who advocate for great- today is contrary to the best interests by States, insured that available U.S. er protections for farm workers. of agriculture. By ignoring proper en- workers would not be discouraged from So you can imagine my surprise forcement of our immigration laws for applying for the job because it paid when reading this bill when I found many years, the Federal Government lower than usual wages. It also guaran- that there is no mandated wage floor has been sending the wrong message to teed that all workers, both foreign and for those workers who are now illegal farmers and ranchers across the United domestic, would be paid a wage that working in agriculture once they get States: that it pays to break the law. was competitive in the local area, thus on a blue card or once they adjust to Quite literally, it has. For those who avoiding depressing wages for that oc- permanent resident status—assuming have flouted rule of law by refusing to cupation or making the use of foreign they stay in agriculture. utilize the temporary worker program workers more attractive than hiring So while a farmer who utilizes H–2A for agriculture—the H–2A program— U.S. workers. workers in an occupation will have to have gained a tremendous economic At the present time, prevailing wages pay all workers in that occupation the advantage over their counterparts who are required for H–1B, H–2B, and per- adverse effect wage rate, those farmers have adhered to the laws on the books manent work-related visas. However, who have been using an illegal work- today. H–2A, the agricultural version of tem- force and are allowed to continue to I will be the first to admit that some porary, non-immigrant work visas, is use that same workforce, which is le- farmers have had little choice but to required to pay a different wage rate— galized through this bill, will only be utilize an illegal workforce—for the H– the adverse effect wage rate. bound by the applicable minimum 2A program, as presently written has Unlike prevailing wages, which are wage. its limitations—for instance, farmers established for a local area for specific This does not make the least bit of with jobs that are not seasonal are not jobs, and determined by the level of ex- sense. able to utilize it. However, changes can perience, skill, and education they re- To give you some examples: a farmer be made to the H–2A program to make quire, the adverse effect wage rate is who uses the H–2A program in Okla- it more responsive to the needs of agri- an average of all wages including in- homa will have to pay his workers $8.32 culture and more user-friendly for centive pay, bonuses, and seniority for per hour, while a farmer in the same farmers. all farm jobs in a multi-State region. place who uses a newly legalized blue That is what the focus of immigra- So an H–2A employer in Indiana must card worker will have to pay only $5.15 tion reform should be. Instead, the bill guarantee an H–2A worker with no ex- per hour to his employees. we are considering today is putting in perience who is working on a dairy In Louisiana, an H–2A employer will statute what has only been implied farm the same minimum wage as a have to pay $7.58 an hour to his work- previously by the Federal Govern- farm employee in Ohio with 5 years of ers while a farmer who employs blue ment’s blind eye about illegal workers: experience operating a combine to har- card workers will only have to pay it pays to break the law. vest soybeans. Likewise, an inexperi- $5.15 per hour. This statement is truest in the agri- enced employee who is harvesting let- In Maryland, an H–2A employer must cultural section of this bill than any- tuce in Arizona must be guaranteed the pay $8.95 an hour while a blue card em- where else. The amendment I have in- same minimum wage as an experienced ployer only has to pay $5.15 an hour. troduced is one of a series that I will greenhouse worker in New Mexico. It In Nebraska, an H–2A employer must file that will attempt to eliminate just doesn’t make sense. pay $9.23 an hour while an employer of some of the hardships this bill levies on Prevailing wages are determined by legalized blue card workers must pay those agricultural employers who have the U.S. Department of Labor through only $5.15 an hour. been and will continue to utilize the its State partners, using a method- In Arkansas, H–2A employers must legal program we have in place for ology designed to capture a fair wage pay $7.58 an hour to their workers, temporary agricultural workers. that reflects the local standards spe- while those who continue to use the Currently, agricultural employers cific to a particular occupation. This is previously illegal workforce pay only who utilize the H–2A program must pay currently done for H–1B and H–2B $5.15 an hour. all workers in the occupation in which visas. In Arizona, H–2A employers must pay they utilize H–2A workers the higher of I might add that the new H–2C pro- $8.00 an hour while blue card employers the applicable minimum wage rate, the gram that has been approved as part of pay only $5.15 an hour for the same prevailing wage rate, or the adverse ef- this particular underlying bill and was work. fect wage rate. In almost every in- accepted as the prevailing wage for In Kansas, H–2A employers will have stance, the adverse effect wage rate is that work was accepted by unanimous to pay $9.23 an hour, while employers the highest of these options. consent yesterday. of blue card workers must pay only Conversely, those agricultural em- Conversely, the adverse effect wage $5.15 an hour. ployers who utilize an illegal work- rate is determined by a survey con- In Montana, H–2A employers must force and, are often competitors of ducted by the U.S. Department of Agri- pay $8.47 an hour while blue card em- those using the H–2A program, are gov- culture as part of its larger National ployers must pay $5.15 per hour. erned by no wage floor and generally Agricultural Statistics surveys. Offi- You might be asking—well what end up paying around the Federal min- cials in the Department of Agri- about those states that have minimum imum wage rate, sometimes less. Obvi- culture’s National Agricultural Statis- wages higher than the federal min- ously those who utilize an illegal work- tics Service readily admit that the imum wage? The adverse effect wage force have a significant competitive wage survey used for adverse effect rate is still higher—for example, an H– advantage over their H–2A user coun- wage rate was never designed to set 2A employer in New York will have to terparts based on overhead costs due to specific wages—only to describe them pay his workers $9.16 an hour while an

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.035 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4790 CONGRESSIONAL RECORD — SENATE May 18, 2006 employer who uses blue card workers We are going to have an opportunity focus on the Chambliss amendment to will only have to pay $6.75 an hour. And to debate in detail what the Senator see if those numbers are truly accu- in Connecticut, an H–2A employer will from Georgia has put before the Senate rate. I am not in any way suggesting be mandated to pay $9.16 an hour while as it relates to a wage rate for agricul- the Senator is wrong, but I am sug- the farmer who uses blue card workers tural workers that is embodied within gesting those who did the research used will pay $7.40 an hour. This is not fair the bill that is before us in comprehen- the Nation’s lowest indices possible. I to the farmers and it is not fair to the sive immigration reform. challenge those numbers. It is appro- workers. I must tell you that after having priate to do so. This bill systematically rewards law- worked on the agriculture portion of By 2016, the average farm wage is breakers and punishes those who have, this bill for nearly 5 years, and as a projected to be $12.81 but the projected with some difficulty, been obeying the farmer and rancher, I totally agree adverse effect wage is $10 or down 17.5 laws on the books today. This amend- with the Senator from Georgia, that percent below the average farm wage if ment is not just about parity, though I those who were under the H–2A pro- we look at those kinds of indices. It is would argue strongly that it is need- gram and those who weren’t were very important we understand we are pro- ed—for not only will H–2A employers different, and those who weren’t were posing significant changes in the wage be mandated to pay higher wages than placing the farmer-producer who had rate and in the market. their counterparts who use the newly adhered to the H–2A program at a true The Senator is suggesting, and appro- legalized workforce, H–2A employers competitive disadvantage because of priately so, embodied within adverse will also continue to be responsible for the adverse effect wage rate that the effected wage were a variety of other providing to their employees free hous- Senator spoke to. things that agricultural producers had ing and utilities, reimbursement of As we work to reform and change the to supply, in some instances, housing, transportation costs, and payment of character of the H–2A program, and for or housing certificates, and other types visa, consular, and border crossing fees. those Senators who aren’t quite aware of amenities at the workplace. That This amendment is about what is right of that—that is the agricultural por- will still happen, whether it is a transi- for agriculture, both for the farmer as tion—we recognize that the adverse af- tional blue card employment force or well as the migrant worker. fect wage was out of step. It was an H2–A force because, clearly, once we We know from past experience that skewed in large part by comparative have transitioned the modified and re- once farm workers are legalized and competitive disadvantaged mar- formed H2–A program embodied within through an amnesty, they leave farm gins that the Senator speaks to. The the bill before the Senate, will be the work. This means that the farmers who Senator has proposed moving to a pre- effective guest worker law portion of it use an illegal workforce today and plan vailing wage, which, in my opinion, is dealing specifically with agriculture. to legalize their workers with the blue in itself a minimum wage. Agriculture is a different workforce. card program in this bill will be faced Let me make those points. What the And it is a different wage scale. We with the reality that the H–2A program Senator from Georgia has failed to sug- know that. gest is after an examination of the ad- will be the only avenue for legal work- Had the Senator embodied within it verse effect wage rate and recognizing ers when they cannot find others to do the advantage of piecework, the ad- the problems, we changed it dramati- the jobs they need in the near future. verse effect wage rate does that. Do cally. We said let’s freeze it at the 2003 The failure of the H–2A program in the you know some workers who are get- level, January 1, which is actually the past to meet the needs of agriculture ting $7 an hour, if they work piece- 2002 level, and keep it flat for 3 years across the nation has been based, in work, get $12 an hour? It is their ad- while we adjust the agricultural work- part, on provisions such as the adverse vantage to do is. There is a higher level place into a true prevailing wage. effect wage rate. H–2A employers sim- of productivity when you bring them ply can’t compete with the illegal That is what the bill does. Let me show you what I believe the effects are. all to a common denominator that goes workforce and they won’t be able to away. There are a variety of things compete with employers of blue card I will go into those in more detail on Monday because they are significant, that are critically important to look workers. at. This amendment will require that all and in many instances what the bill workers in agriculture be paid the does for American agriculture is better I do not mean to suggest in any way higher of the applicable minimum wage than what the Senator from Georgia is that the numbers offered were offered and the prevailing wage rate, as deter- proposing. It causes us to focus on in an untruthful way but the numbers mined by the Department of Labor. what is appropriate and right in bring- that were provided to the offeror are This will allow the mandated wages ing about equity and balance in the ag- the lowest common denominator at a to reflect geographic location, occupa- ricultural workforce and in that wage minimum wage rate and not the 50th tion, and skill level, unlike under cur- rate. medium talked about by the Depart- rent law and in this bill. In addition, it In 2006, the adverse effect wage rate ment of Labor in their analysis and in will provide much-needed additional was $8.63 an hour. This bill drops it to the establishment of an appropriate worker protections to those workers $8.19. In 2010, $10.25 and drops it to $9.06, wage rate that would be a true pre- who adjust status under this bill by en- and many examples on a State-by- vailing wage rate. suring that they are guaranteed the State basis drop it more than that. But I want a prevailing wage rate. That is same wage as an H–2A worker in the more than dropping the wage rate what the bill proposes, a transitional same occupation. down and bringing equity in it, we pattern of time, a 3-year pattern of I ask my colleagues to support this bring equity in a sense by going in and time with a frozen adverse effect wage amendment. looking at it and making sure that we rate, to move us to prevailing. The Let’s put parity in agriculture in a effectively change the indices, imme- Farm Bureau asserts that the pre- temporary worker program that has diately upon the enactment of the agri- vailing crop wage in Ohio ranges from been on the books for decades and will culture portion known as AgJOBS of $5.85 to $7.13 an hour. They compare work—if we can streamline it, if we can this bill. this to the wage rate of $8.38 per hour make it fairer for the employer, more In California, the wage rate will drop which would apply during the AgJOBS attractive to the employer to use, and by 11 percent; in New Hampshire, 13 wage freeze. Those are the kind of at the same time fair to the employee. percent; South Carolina, 13 percent; numbers that were being offered this I yield the floor. Montana, 12 percent; Pennsylvania, 16 evening. However, the medium hourly The PRESIDING OFFICER. The Sen- percent. wage, which would be the prevailing ator from Idaho is recognized. I wish the Senator would check his wage under the amendment before the Mr. CRAIG. Mr. President, the hour numbers. The numbers he talks about Senate, was $8.57 for crop workers in is late. I know those at the desk, in- tonight are not prevailing wage. That Ohio in the data sourced by the Farm cluding the Chair, would like to dim is minimum wage. And minimum wage Bureau. the lights and say good evening. I will will not stand. That is something we I am still digging into the numbers do that in just a few moments. are all going to have to look at as we because I cannot quite understand it.

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.034 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4791 There is a disparity that is trouble- We have to get the numbers right. I et of squash, they take it to the wagon, some if we are to arrive at a fair, re- disagree with his numbers. It is impor- and they get a chip. And that chip may sponsible, and accurate measurement tant that in the effort to bring sta- be worth $2 or it may be worth $5. That to establish an effective prevailing bility and equity we get them right. is the way most agricultural workers wage that is fair to the worker, but I hope the Senate would get the are paid: on a piece-rate basis. But more importantly, and as importantly, Chambliss amendment, stay with the there has to be a floor. They have to be fair to the producer so that we get out freeze that is actually the 2002 wage paid a certain amount per hour under of this competitive disadvantage the scale for 3 years, while we get the num- the law, and that is the way it should Senator from Georgia has recognized bers right as it relates to the effective be. And that is what we are going to be and sees as critically important. establishment of a prevailing wage. talking about. In other words, if this data source In the end, I would argue that during But the numbers are what they are. represented agriculture prevailing that period of time we have substan- And the numbers speak for themselves. wage, which in my opinion it does not, tially lessened the competitive dis- We look forward to debating in much the prevailing crop rates I mentioned advantage and improved the overall more detail on Monday. Our purpose for Ohio would be at least 19 cents an wage base for agricultural workers in a today on both ends was simply to get hour higher than the AgJOBS min- sense of equity and balance. the amendment laid down. We will be imum wage even in 2006 before we tamp We will be back to this amendment, I back Monday to engage in more exten- it down in the law. The projected Ohio understand, Monday afternoon to de- sive debate. prevailing crop wage in 2010, based on bate it before a vote on Monday Mr. President, I ask unanimous con- the data source, would be $10.33 per evening at 5:30. It is a challenge for all sent that at 5:30 on Monday, May 22, hour compared to the AgJOBS min- of us. More than one Senator over the the Senate proceed to a vote in rela- imum wage of $9.29. course of the last week has said this is tion to the Chambliss amendment No. In all sincerity, I offer to the Senator a very complicated bill. And the area 4009; provided further that the time from Georgia a time for us to look at that Senator CHAMBLISS and I have from 5 to 5:30 be equally divided be- numbers and do some comparisons. ventured into is a very complicated tween Senator CHAMBLISS and the There is a disparity. I know what the portion of the bill. Democratic manager or his designee. I bill does because the bill is accurately I know what the bill does because I further ask consent that following that and effectively represented in these helped write it and spent a good num- vote, the Senate proceed immediately charts because we knew what the ef- ber of years attempting to negotiate it. to a vote in relation to the Ensign fected adverse wage was going to be, I am yet to clearly understand what I amendment No. 4076, as modified. Fi- and there is a very clear projection believe the Senator from Georgia is at- nally, I ask consent that no second de- line. What we do not know are the indi- tempting to do as to the accuracy of grees be in order to either amendment ces given and provided as it relates to his numbers and what they would mean prior to the votes. the Chambliss amendment. on a State-by-State basis based on the The PRESIDING OFFICER. Is there I will spend the weekend looking at indices he proposes to be used if this objection? it and looking at those numbers. They were to become law. Without objection, it is so ordered. do concern me. It is important we get I yield the floor. f it right, not that we want to treat any- The PRESIDING OFFICER. The Sen- one in a disadvantaged way, but what ator from Georgia. MORNING BUSINESS we do has to be accurate, it has to cre- Mr. CHAMBLISS. Mr. President, I do Mr. CHAMBLISS. Mr. President, I ate stability, it has to take away the not intend to take but a few seconds to ask unanimous consent that there now competitive disadvantage the Senator not necessarily respond to my friend be a period of morning business, with from Georgia is talking about, that is from Idaho, who correctly states we Senators permitted to speak for up to real today in this disparity between have been working together in trying 10 minutes each. those H–2A workers and, if you will, to solve a very difficult problem rel- The PRESIDING OFFICER. Without the undocumented workers out there in ative to reform of the H–2A program. objection, it is so ordered. the American workforce that the provi- He has been at it for a long time. My f sion of the bill that deals with agri- first vote on this was 11 years ago as a COMMEMORATING THE 80TH ANNI- culture attempts to get its arms Member of the House of Representa- VERSARY OF THE FOUNDING OF around and legalize through the blue tives. That is how long I have been THE DESERT NATIONAL WILD- card transition period the Senator and working on this issue. And we have yet LIFE REFUGE I have spoken to. to get the H–2A program reformed. It is a very important part of the bill. I am very hopeful, as we go through Mr. REID. Mr. President, I rise today Both the Senator from Georgia and I this, we will have an opportunity to to bring recognition to one of the most have been concerned for some time and look at the numbers. I did not even majestic places in Nevada—the Desert have compared numbers about an mention prevailing wage numbers for National Wildlife Refuge. On Saturday, American agricultural work base built Ohio or any other State. Obviously, I May 20 the refuge will have been in ex- on a faulty employment base. You can- am happy to look at those. But the istence for 80 years. Established in 1936 not be working 75 percent undocu- numbers are what they are. And the during the Presidency of Franklin mented workers and be wholly depend- Senator from Idaho, I assume, agrees Delano Roosevelt, the Desert National ent upon them to bring the perishable with me and is going to vote with me Wildlife Refuge is a key part of the Na- crop to the market and then have them because he said he wants a prevailing tional Wildlife Refuge System that swept out from under you. wage, and I am seeking to amend this protects sensitive lands and species Yet we also know that when there is bill to get a prevailing wage in a bill throughout our great Nation. 1.2 to 1.5 million people in the Amer- that has an adverse effect wage rate in Covering 1.5 million acres of the Mo- ican agricultural workforce that are it. jave Desert in southern Nevada, the foreign nationals, yet annually, the H– But seriously, the numbers are what Desert refuge is the largest National 2A as a program only effectively iden- they are. I think we can agree that the Wildlife Refuge in the continental tifies 42,000 to 45,000, something was prevailing wage rate is higher than the United States. The Mojave Desert is and is dramatically wrong. That is why minimum wage, and it is less than the known for its wide variety of geology, the Senator is here with his amend- adverse effect wage rate today vir- plant life, and animal life. The Desert ment. That is why I am here with a tually in every State and in every loca- National Wildlife Refuge epitomizes major reform package within the bill. tion in the country. Our farmers are this diversity. It contains six different We both agree that the wage part of very much at a disadvantage today, mountain ranges and four different this is skewed. That is why we rolled it and it is not like they are not willing habitat types. With an average rainfall back dramatically and we are pro- to pay a fair wage. between 4 and 15 inches, elevations posing establishing a prevailing wage. You are right, most of our employees ranging from 2,500 ft to 10,000 ft, and And he has proposed a prevailing wage. work on a piece rate. They cut a buck- over 300 different animal species, the

VerDate Aug 31 2005 03:31 May 19, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.114 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4792 CONGRESSIONAL RECORD — SENATE May 18, 2006 Desert refuge offers a truly varied ards that have been set by the men and our State and for Toyota Motor Manu- landscape. women who work at Toyota’s facility facturing. The Desert National Wildlife Refuge in Buffalo show that our State, though Mr. BAYH. Mr. President, I rise was originally established for the pres- small in size, successfully plays host to today to congratulate Toyota Motor ervation and management of Nevada’s one of the world’s largest, most suc- Manufacturing of Indiana, on cele- desert bighorn sheep population, which cessful, and well-respected companies. brating the 10th anniversary of its had begun to decline as early as the Toyota’s plant in Buffalo truly de- truck assembly plant in Princeton. 1880s. The desert bighorn sheep is the serves its fine reputation, based on its Since opening its doors 10 years ago, State animal of Nevada and, thanks in gains in productivity, its high stand- Toyota’s Princeton plant has spurred large part to the refuge and the work ards for fine quality, and its unfailing economic growth in southwest Indiana of groups such as the Fraternity of the commitment to the future. and brought quality, good-paying jobs Desert Bighorn and Nevada Bighorns Toyota Motor Manufacturing estab- to the State, giving more workers the Unlimited, our bighorn sheep popu- lished its operations in West Virginia opportunity to provide for their fami- lation has been steadily rising in re- in 1996, and currently produces four- lies and live the American dream. cent years. cylinder engines for the Toyota Co- When I was Governor, I was proud to I would be remiss if I didn’t also take rolla, the Matrix, and the Pontiac join with Toyota Motor Corporation, a few moments to talk about the in- Vibe. It also produces V6 engines for TMC, Chairman Hiroshi Okuda in credible sheep range that runs up the the Toyota Sienna and Solara. The bringing the Toyota truck assembly east side of refuge. Rising nearly 10,000 plant also manufactures automatic plant to Princeton as part of my eco- feet out of the desert floor and running transmissions for the U.S.-built Solara, nomic development for a growing econ- over 50 miles in length, this mountain Sienna and Avalon, the Canadian-built omy, EDGE, initiative. Over the past 10 range has engaged the imaginations of Lexus RX 350, and the Japan-built years, Toyota’s Princeton plant has ex- Americans since well before southern Highlander, providing quality jobs for perienced remarkable growth, which Nevada was settled. This most memo- over 1,000 West Virginians. And em- has had a substantial, positive eco- rable natural landmark is one of the ployment there is projected to grow to nomic impact on the State of Indiana key reasons that President Nixon pro- 1,150 workers when the existing trans- as well as the local economy. posed much of the refuge for wilderness mission plant is expanded as promised. Toyota’s initial investment of $700 designation in 1974. In fact, last year Toyota announced million in the Princeton assembly On this occasion of the 80th anniver- that it would undertake a $120 million plant led to the immediate creation of sary of the founding of the Desert Na- expansion of its engine and trans- 1,300 family-wage jobs and resulted in tional Wildlife Refuge, I thank all mission plant in Buffalo. As a result, the production of approximately 100,000 those who have worked to protect beginning in 2007, Toyota Motor Manu- trucks per year. Today, Toyota’s in- these lands. I also salute those vision- facturing in West Virginia will build vestment has grown to more than $2.6 ary individuals—some generations 240,000 additional automatic trans- billion, and its truck assembly plant now employs more than 4,700 men and ago—that recognized the need to pre- missions per year. This will bring the women who produce more than 300,000 serve this incredible habitat for desert plant’s total automatic transmission vehicles each year, including the Tun- bighorn sheep and the myriad of other capacity to 600,000 units, and this fifth dra full-size pickup truck, Sequoia species that still thrive on these lands. expansion by Toyota in West Virginia sport utility vehicle, and Sienna will bring its total investment there to f minivan. near the $1 billion mark. This exceptional growth and the re- CELEBRATING THE 10TH ANNIVER- Every day, in Buffalo, hundreds of cent announcement of Toyota’s col- SARY OF TOYOTA MOTOR MANU- West Virginians commit themselves to laboration with Subaru in Lafayette FACTURING, WEST VIRGINIA superior performance. Toyota has be- have made it one of Indiana’s largest Mr. BYRD. Mr. President, West Vir- come a highly valued member of the auto manufacturers. Toyota’s efforts ginians are both a prayerful and a West Virginia business community, demonstrate its continued commit- prideful people. We cherish our State, and the company’s commitment to its ment to the State and highlight the honor its unique heritage, and revere continued expansion in our State sends contributions Toyota has made to the its citizenry. Our respect for one an- a clear message to the world not only United States and local communities other and for our joint accomplish- that West Virginia’s workforce is top in Indiana. ments is apparent in every cornr and of the line, but also that communities It is estimated that Toyota’s annual cranny of this wondrous State, filled throughout West Virginia make our economic impact on the State of Indi- with unparalleled scenic beauty, old- State a beacon for business, including ana is equal to about 31,385 jobs, nearly fashioned hospitality, and a sincere international investment. The employ- $503 million in employee compensation, commitment to excellence. Our belief ment provided by Toyota at Buffalo and $5.5 billion in business sales. A in ourselves and in our abilities is ap- constitutes exactly the type of well- study conducted by the University of parent when we welcome our troops paying jobs, with accompanying health Evansville and the University of home from service overseas; when we and pension benefits, that West Vir- Southern Indiana estimates that in watch our sons and daughters receive ginia workers so richly deserve. Gibson County alone, Toyota is annu- their high school diplomas; when our Mr. President, I would like to take ally responsible for 8,865 jobs, approxi- communities band together to over- this opportunity to once again con- mately $119 million in employee com- come tragedy; or when we gather to- gratulate Toyota on its 10th anniver- pensation, and $519 million in business gether to celebrate shared and lofty sary in West Virginia. I thank Dr. sales. achievement. It is always the same: Toyoda for believing in West Virginia. I am honored to have the opportunity Mountaineer pride runs strong and I also congratulate Toyota Motor Man- to enter this tribute in the CONGRES- deep in West Virginia. ufacturing, West Virginia President SIONAL RECORD of the Senate and com- West Virginia pride is particularly on Yutaka Mizuno and the men and mend Toyota Motor Manufacturing of display today in Buffalo, WV, where women of this plant for its all of its Indiana for all that it has done for Hoo- Toyota Motor Manufacturing, West truly spectacular achievements in its sier working men and women over the Virginia, TMMWV, is celebrating its first decade in our fair State. past 10 years. 10th anniversary. I commend Toyota I would also like to thank my dear f on its commitment to West Virginia, friend and colleague, Senator JAY and I heartily congratulate the com- ROCKEFELLER, who worked so tirelessly DAY OF PRAYER FOR COLOMBIA pany on its celebration of 10 years in and in such good faith to bring Toyota Mr. JOHNSON. This Sunday, mem- the Mountaineer State. to West Virginia. JAY and I, and all bers of Lutheran World Relief, in con- I have seen, over the past decade, West Virginians, are pleased and proud junction with churches and people of how hundreds of West Virginians each to have Toyota in Buffalo, WV. May faith, will pray for a peaceful resolu- day have committed themselves to this be the first of many more decades tion to the conflict in Colombia. Lu- their work at Toyota. The high stand- of partnership and accomplishment for theran World Relief advocates for those

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.038 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4793 around the world suffering from pov- Ralph could not stay away from is a testament to his hard work and erty, hunger, or injustice. It is a voice Washington and returned to serve as dedication that today the federal for the most vulnerable worldwide, and Special Assistant to the Secretary of courts to a large extent so successfully this weekend Lutheran World Relief Commerce. In July 1985, Chief Justice manage their own resources and oper- will shine a bright light on the current Warren Burger appointed him Director ations.’’ situation in Colombia. of the Administrative Office of the U.S. Judge Ralph K. Winter, also a former For over 40 years, Colombia has been Courts. The Administrative Office pro- Chief Judge of the Second Circuit, engulfed in a civil conflict pitting vides internal administrative support chaired the executive committee a dec- guerrilla groups again the Colombian to the judicial branch and commu- ade later, from 1999 to 2000. He believed Government. As a result, innocent ci- nicates on behalf of the judiciary with that Ralph showed ‘‘a remarkable ca- vilians have been kidnapped and ran- Congress, the executive branch, and pacity for keeping the long view in somed; illicit coca production and drug the public. mind while putting out the short-term trafficking continue to plague the Ralph served in this capacity during fires that would relentlessly pop up in country; and thousands have died or a particularly challenging time for the various directions.’’ have been forced from their homes in judiciary. Providing effective judicial Perhaps the best applause for Ralph order to flee violence. administration in the face of budgetary Mecham’s leadership comes from Sixth The United States has provided as- constraints is difficult when the Fed- Circuit Judge Gilbert Merritt, who sistance to Colombia, both military eral judiciary’s caseload continues its chaired the executive committee from and economic, in order to stem the ille- upward spiral. Cases filed in the U.S. 1994 to 1996. ‘‘The judiciary is in much gal trade in drugs and promote a peace- Court of Appeals, for example, more better shape administratively than it ful resolution to the civil conflict. than doubled during Ralph’s time as was 20 years ago.’’ Whether in our fam- However, Colombia remains the lead- Director. The number of bankruptcy ilies, our communities, or our work, we ing supplier of the world’s cocaine, and cases skyrocketed from 365,000 to over should each strive to leave those in our it is home to at least three illegally 1,780,000 in that same period. In addi- charge better off than we found them. armed groups that have been des- tion, national tragedies such as the I was pleased to hear that Ralph re- ignated foreign terrorist organizations terrorist attacks of September 11, as cently received the 2006 National Pub- by the U.S. Department of State. With- well as catastrophes such as Hurricane out question, Congress must assist lic Service Award in recognition of his Katrina, created their own unique chal- countries in eradicating drug crops and excellence in a half-century of public lenges to the continued functioning of combating terrorism. However, we service. The award announcement the judiciary. Ralph met each chal- must also remember that societies are noted his support for the Judicial Con- lenge effectively. His extensive back- based on the rule of law, and human ference by providing high-quality serv- ground in public administration and rights must be respected. We should ices to judges and the courts, and by experience in both the legislative and not sacrifice one goal in order to building relationships both inside and achieve another. executive branches served him well in outside the judiciary. Lutheran churches in South Dakota equipping the judicial branch for its Ralph Mecham has been married to an around the Nation are in solidarity critical tasks even through these chal- the former Barbara Folsom for more with peace communities in Colombia. I lenges and troubled times. than 55 years. With 5 children and 14 commend Lutheran parishioners and Ralph also helped guide the judicial grandchildren, he is a devoted family worshippers of other faiths, as they branch through a period of increased man. Ralph has served in various posi- pray for peace and remember all those public attention and even criticism re- tions in church and community, in- who have perished in the conflict. As a garding judicial decisions. Protecting cluding time as a missionary in Great Lutheran myself, I believe protecting judicial independence while also en- Britain, chairman of the Utah State human rights in Colombia must remain hancing public understanding of the Heart Association, chairman of the a high priority. function of judges in our system of gov- Salt Lake County Cancer Association, ernment is just the kind of balancing f and chairman of the University of Utah act Ralph was prepared to tackle. He National Advisory Council. His com- RETIREMENT OF LEONIDAS RALPH did so effectively with a steady hand. mitment to the community and to his MECHAM The Director of the Administrative church continues. Mr. HATCH. Mr. President, today I Office serves as secretary of the Judi- The judicial branch and the country rise to pay tribute to Leonidas Ralph cial Conference and as a member of its are better because of Ralph’s service. I Mecham, who recently retired after executive committee. The judges who want to commend him for his commit- more than 20 years as Director of the chaired the executive committee dur- ment and for setting a good example of Administrative Office of the U.S. ing Ralph’s tenure also have praised public service. His record tells me that, Courts. As that agency’s longest-serv- his work. even in supposed retirement, Ralph ing Director, Ralph ably guided the ju- The current executive committee Mecham will continue helping and diciary through some turbulent and chairman, U.S. District Judge Thomas serving those around him. challenging times, and for such he de- F. Hogan, says that ‘‘[w]atching Ralph serves the praise and commendation of operate is like watching a master con- f this body. ductor guide the philharmonic orches- Ralph Mecham was born on April 23, tra through a complicated Bach sym- MESSAGES FROM THE PRESIDENT 1928, in Murray, UT. He earned a bach- phony.’’ If only this could be said of us elor’s degree with highest honors from Senators and our work on our commit- Messages from the President of the the University of Utah, a law degree tees or on this floor. United States were communicated to from George Washington University, Judge Carolyn Dineen King, Chief the Senate by Ms. Evans, one of his and a master’s degree in public admin- Judge of the Fifth Circuit, chaired the secretaries. istration from Harvard University. executive committee from 2002 to 2005. f Ralph’s first stint here in Washington In tackling a wide range of problems, began more than 50 years ago, when he she says, ‘‘Director Mecham exhibited served as a legislative assistant and ad- his usual inventiveness, intensity, te- EXECUTIVE MESSAGES REFERRED ministrative assistant to Senator Wal- nacity, and judgment and his remark- As in executive session the Presiding lace Bennett of Utah, the father of our able ability to inspire others . . . to do Officer laid before the Senate messages colleague Senator BOB BENNETT. Ralph the very best they were capable of.’’ from the President of the United returned to our State to serve as vice Judge Wilfred Feinberg of the U.S. States submitting sundry nominations president of his alma mater, the Uni- Court of Appeals for the Second Circuit which were referred to the appropriate versity of Utah, where he also taught chaired the executive committee from committees. constitutional law and was responsible 1987 to 1989. He has said that ‘‘Ralph (The nominations received today are for creating the University of Utah Re- handled this difficult job with con- printed at the end of the Senate pro- search Park. fidence, competence and dedication. It ceedings.)

VerDate Aug 31 2005 03:31 May 19, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.036 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4794 CONGRESSIONAL RECORD — SENATE May 18, 2006 REPORT RELATIVE TO THE CON- This notice states that the national Service experimental forests, and for other TINUATION OF THE NATIONAL emergency declared in Executive Order purposes. EMERGENCY WITH RESPECT TO 13303 of May 22, 2003, as expanded in f BURMA—PM 48 scope by Executive Order 13315 of Au- The PRESIDING OFFICER laid be- gust 28, 2003, and modified in Executive MEASURES REFERRED fore the Senate the following message Order 13364 of November 29, 2004, is to The following bill was read the first from the President of the United continue in effect beyond May 22, 2006. and the second times by unanimous States, together with an accompanying The most recent notice continuing this consent, and referred as indicated: report; which was referred to the Com- emergency was published in the Federal H.R. 4200. An act to improve the ability of mittee on Banking, Housing, and Register on May 20, 2005 (70 FR 29435). the Secretary of Agriculture and the Sec- Urban Affairs: The threats of attachment or other retary of the Interior to promptly implement judicial process against (i) the Develop- recovery treatments in response to cata- To the Congress of the United States: ment Fund for Iraq, (ii) Iraqi petro- strophic events affecting Federal lands under Section 202(d) of the National Emer- leum and petroleum products, and in- their jurisdiction, including the removal of gencies Act (50 U.S.C. 1622(d)) provides terests therein, and proceeds, obliga- dead and damaged trees and the implementa- tion of reforestation treatments, to support for the automatic termination of a na- tions, or any financial instruments of tional emergency unless, prior to the the recovery of non-Federal lands damaged any nature whatsoever arising from or by catastrophic events, to revitalize Forest anniversary date of its declaration, the related to the sale or marketing there- President publishes in the Federal Reg- Service experimental forests, and for other of, or (iii) any accounts, assets, invest- purposes; to the Committee on Agriculture, ister and transmits to the Congress a ments, or any other property of any Nutrition, and Forestry. notice stating that the emergency is to kind owned by, belonging to, or held f continue in effect beyond the anniver- by, on behalf of, or otherwise for the sary date. I have sent the enclosed no- Central Bank of Iraq create obstacles ENROLLED BILLS PRESENTED tice to the Federal Register for publica- to the orderly reconstruction of Iraq, The Secretary of the Senate reported tion, which states that the Burma the restoration and maintenance of that on today, May 18, 2006, she had emergency is to continue beyond May peace and security in the country, and presented to the President of the 20, 2006, for publication. The most re- the development of political, adminis- United States the following enrolled cent notice continuing this emergency trative, and economic institutions in bills: was published in the Federal Register on Iraq. Accordingly, these obstacles con- S. 1165. An act to provide for the expansion May 18, 2005 (70 FR 28771). tinue to pose an unusual and extraor- The crisis between the United States of the James Campbell National Wildlife Ref- dinary threat to the national security uge, Honolulu County, Hawaii. and Burma arising from the actions and foreign policy of the United States. S. 1869. An act to reauthorize the Coastal and policies of the Government of For these reasons, I have determined Barrier Resources Act, and for other pur- Burma, including its policies of com- that it is necessary to continue the na- poses. mitting large-scale repression of the tional emergency protecting the Devel- f democratic opposition in Burma, that opment Fund for Iraq, certain other led to the declaration of a national EXECUTIVE AND OTHER property in which Iraq has an interest, emergency on May 20, 1997, has not COMMUNICATIONS and the Central Bank of Iraq, and to been resolved. These actions and poli- maintain in force the sanctions to re- The following communications were cies are hostile to U.S. interests and spond to this threat. laid before the Senate, together with pose a continuing unusual and extraor- GEORGE W. BUSH. accompanying papers, reports, and doc- dinary threat to the national security THE WHITE HOUSE, May 18, 2006. uments, and were referred as indicated: and foreign policy of the United States. f EC–6897. A communication from the Chair- For this reason, I have determined that man, Securities and Exchange Commission, it is necessary to continue the national MESSAGES FROM THE HOUSE transmitting, pursuant to law, a report of emergency with respect to Burma and the Commission’s authorization request for maintain in force the sanctions against fiscal years 2007 and 2008; to the Committee Burma to respond to this threat. ENROLLED BILLS SIGNED on Banking, Housing, and Urban Affairs. EC–6898. A communication from the Sec- GEORGE W. BUSH. At 9:41 a.m., a message from the THE WHITE HOUSE, May 18, 2006. retary, Department of Housing and Urban House of Representatives, delivered by Development, transmitting, the report of f Ms. Niland, one of its reading clerks, proposed legislation entitled ‘‘Improving REPORT OF THE CONTINUATION announced that the Speaker has signed Lead-Based Paint Investigations Act of OF THE NATIONAL EMERGENCY the following enrolled bills: 2006’’; to the Committee on Banking, Hous- ing, and Urban Affairs. PROTECTING THE DEVELOPMENT S. 1165. An act to provide for the expansion EC–6899. A communication from the Chief of the James Campbell National Wildlife Ref- FUND FOR IRAQ AND CERTAIN Counsel, Office of Foreign Assets Control, uge, Honolulu County, Hawaii. OTHER PROPERTY IN WHICH Department of the Treasury, transmitting, S. 1869. An act to reauthorize the Coastal IRAQ HAS AN INTEREST—PM 49 pursuant to law, the report of a rule entitled Barrier Resources Act, and for other pur- ‘‘31 CFR Parts 535, 536, 537, 538, 539, 540, 541, The PRESIDING OFFICER laid be- poses. 542, 560, 588, 594, and 595; Iranian Assets Con- fore the Senate the following message The enrolled bills were subsequently from the President of the United trol Regulations, Narcotics Trafficking signed by the President pro tempore Sanctions Regulations, Burmese Sanctions States, together with an accompanying (Mr. STEVENS). Regulations, Sudanese Sanctions Regula- report; which was referred to the Com- tions, Weapons of Mass Destruction Trade mittee on Banking, Housing, and At 12 p.m., a message from the House Control Regulations, Highly Enriched Ura- Urban Affairs: of Representatives, delivered by Mr. nium (HEU) Agreement Assets Control Regu- lations, Zimbabwe Sanctions Regulations, To the Congress of the United States: Hays, one of its reading clerks, an- nounced that the House has passed the Syrian Sanctions Regulations, Iranian Section 202(d) of the National Emer- Transactions Regulations, Western Balkans gencies Act (50 U.S.C. 1622(d)) provides following bill, in which it requests the Stabilization Regulations, Global Terrorism for the automatic termination of a na- concurrence of the Senate: Sanctions Regulations, Terrorism Sanctions tional emergency unless, prior to the H.R. 4200. An act to improve the ability of Regulations’’ received on May 17, 2006; to the anniversary date of its declaration, the the Secretary of Agriculture and the Sec- Committee on Banking, Housing, and Urban President publishes in the Federal Reg- retary of the Interior to promptly implement Affairs. ister and transmits to the Congress a recovery treatments in response to cata- EC–6900. A communication from the Gen- notice stating that the emergency is to strophic events affecting Federal lands under eral Counsel, National Credit Union Admin- their jurisdiction, including the removal of istration, transmitting, pursuant to law, the continue in effect beyond the anniver- dead and damaged trees and the implementa- report of a rule entitled ‘‘12 CFR part 707— sary date. In accordance with this pro- tion of reforestation treatments, to support Truth in Savings’’ (RIN3133–AC57) received vision, I have sent the enclosed notice the recovery of non-Federal lands damaged on May 17, 2006; to the Committee on Bank- to the Federal Register for publication. by catastrophic events, to revitalize Forest ing, Housing, and Urban Affairs.

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.043 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4795 EC–6901. A communication from the Assist- Resolution of 1002 (P.L. 107–243) and the Au- peared in the Congressional Record on May ant Attorney General, Office of Legislative thorization for the Use of Force Against Iraq 9, 2006. Affairs, Department of Justice, transmit- Resolution (P.L. 102–1) for the December 15, Mr. WARNER. Mr. President, for the ting, the report of proposed legislation enti- 2005 through February 15, 2006 reporting pe- Committee on Armed Services I report tled ‘‘Computer Security Enhancement Act riod; to the Committee on Foreign Relations. of 2006’’; to the Committee on the Judiciary. favorably the following nomination EC–6902. A communication from the Chair- f lists which were printed in the man of the Board of Governors of the Federal REPORTS OF COMMITTEES RECORDS on the dates indicated, and Reserve System, transmitting, pursuant to ask unanimous consent, to save the ex- law, the Board’s Inspector General Semi- The following reports of committees pense of reprinting on the Executive annual Report to Congress for the six-month were submitted: Calendar that these nominations lie at period ending March 31, 2006; to the Com- By Mr. McCAIN, from the Committee on the Secretary’s desk for the informa- mittee on Homeland Security and Govern- Indian Affairs, with an amendment in the mental Affairs. tion of Senators. nature of a substitute: The PRESIDING OFFICER. Without EC–6903. A communication from the Acting S. 1899. A bill to amend the Indian Child Director, Office of Government Ethics, trans- Protection and Family Violence Prevention objection, it is so ordered. mitting, pursuant to law, the report of a rule Act to identify and remove barriers to reduc- Air Force nominations beginning with Ros- entitled ‘‘Revisions to the Executive Branch ing child abuse, to provide for examinations alind L. Abdulkhalik and ending with Jesse Confidential Financial Disclosure Reporting of certain children, and for other purposes B. Zydallis, which nominations were re- Regulation’’ (RIN3209–AA00 and RIN3290– (Rept. No. 109-255). ceived by the Senate and appeared in the AA09) received on May 17, 2006; to the Com- By Mr. CRAPO, from the Committee on Congressional Record on March 7, 2006. mittee on Homeland Security and Govern- Banking, Housing, and Urban Affairs, with- Air Force nominations beginning with Ste- mental Affairs. out amendment: ven L. Alger and ending with Rachelle EC–6904. A communication from the Ad- S. 2856. An original bill to provide regu- Paulkagiri, which nominations were received ministrator, Agricultural Marketing Serv- latory relief and improve productivity for in- by the Senate and appeared in the Congres- ice, Department of Agriculture, transmit- sured depository institutions, and for other sional Record on April 24, 2006. ting, pursuant to law, the report of a rule en- purposes (Rept. No. 109-256). Army nomination of Chantel Newsome to titled ‘‘Milk in the Northeast and Other Mar- By Mr. SPECTER, from the Committee on be Colonel. keting Areas; Order Amending Orders’’ (DA– the Judiciary, without amendment: Army nomination of Kenneth A. Kraft to 06–06; AO–14–A75, et al.) received on May 17, S.J. Res. 1. A joint resolution proposing an be Colonel. 2006; to the Committee on Agriculture, Nu- amendment to the Constitution of the Army nominations beginning with Mark A. trition, and Forestry. United States relating to marriage. Burdt and ending with Robert L. Porter, EC–6905. A communication from the Ad- which nominations were received by the Sen- ministrator, Agricultural Marketing Serv- f ate and appeared in the Congressional ice, Department of Agriculture, transmit- Record on April 27, 2006. ting, pursuant to law, the report of a rule en- EXECUTIVE REPORTS OF Army nominations beginning with Betty J. titled ‘‘Fresh Prunes Grown in Designated COMMITTEES Williams and ending with Henry R. Lemley, Counties in Washington and in Umatilla The following executive reports of which nominations were received by the Sen- County, Oregon; Suspension of Handling nominations were submitted: ate and appeared in the Congressional Regulations, Establishment of Reporting Re- Record on April 27, 2006. quirements, and Suspension of the Fresh By Mr. WARNER for the Committee on Army nomination of Thomas F. Nugent to Prune Import Regulation’’ (FV06–924–1 IFR) Armed Services. be Lieutenant Colonel. received on May 17, 2006; to the Committee Air Force nomination of Maj. Gen. Craig R. Army nomination of Michael F. Lorich to on Agriculture, Nutrition, and Forestry. McKinley to be Lieutenant General. be Major. EC–6906. A communication from the Ad- Air Force nomination of Lt. Gen. William Army nomination of Brian O. Sargent to ministrator, Agricultural Marketing Serv- M. Fraser III to be Lieutenant General. be Major. ice, Department of Agriculture, transmit- Air Force nomination of Lt. Gen. Kevin P. Army nominations beginning with Brian ting, pursuant to law, the report of a rule en- Chilton to be General. K. Hill and ending with Charles W. Wallace, titled ‘‘Amendment to the Hass Avocado Air Force nomination of Maj. Gen. Norman which nominations were received by the Sen- Promotion, Research, and Information R. Seip to be Lieutenant General. ate and appeared in the Congressional Order: Adjust Representation on the Hass Air Force nomination of Maj. Gen. James Record on April 27, 2006. Avocado Board’’ (FV–06–701–IFR) received on G. Roudebush to be Lieutenant General. Navy nominations beginning with Robert May 17, 2006; to the Committee on Agri- Air Force nomination of Brig. Gen. Dana J. Tate and ending with Edward A. Syl- culture, Nutrition, and Forestry. T. Atkins to be Major General. vester, which nominations were received by EC–6907. A communication from the Attor- Air Force nomination of Col. Lawrence A. the Senate and appeared in the Congres- ney, Office of Assistant General Counsel for Stutzriem to be Brigadier General. sional Record on April 24, 2006. Legislation and Regulatory Law, Depart- Air Force nomination of Col. Linda K. Navy nominations beginning with William ment of Energy, transmitting, pursuant to McTague to be Brigadier General. L. Yarde and ending with Bruce R. Deschere, law, the report of a rule entitled ‘‘Standby Air Force nomination of Maj. Gen. Robert which nominations were received by the Sen- Support for Certain Nuclear Plant Delays’’ J. Elder, Jr. to be Lieutenant General. ate and appeared in the Congressional (RIN1901–AB17) received on May 17, 2006; to Air Force nomination of Lt. Gen. David A. Record on April 24, 2006. the Committee on Energy and Natural Re- Deptula to be Lieutenant General. Navy nominations beginning with Gregory sources. Air Force nomination of Lt. Gen. Victor E. G. Allgaier and ending with Timothy J. EC–6908. A communication from the Assist- Renuart, Jr. to be Lieutenant General. Yanik, which nominations were received by ant Secretary, Legislative Affairs, Depart- Army nomination of Brig. Gen. Elder the Senate and appeared in the Congres- ment of State, transmitting, pursuant to the Granger to be Major General. sional Record on April 24, 2006. Arms Export Control Act, the certification Army nomination of Lt. Gen. David F. By Mr. GRASSLEY for the Committee on of a proposed license for the export of de- Melcher to be Lieutenant General. Finance. fense articles or defense services sold com- Army nomination of Maj. Gen. Stephen M. *W. Ralph Basham, of Virginia, to be Com- mercially under a contract in the amount of Speakes to be Lieutenant General. missioner of Customs, Department of Home- $50,000,000 or more to Mexico; to the Com- Army nomination of Brig. Gen. Ronald D. land Security. mittee on Foreign Relations. Silverman to be Major General. *Nomination was reported with rec- Army nomination of Col. Michael A. Ryan EC–6909. A communication from the Assist- ommendation that it be confirmed sub- ant Secretary, Legislative Affairs, Depart- to be Brigadier General. ment of State, transmitting, pursuant to the Army nomination of Brig. Gen. Stephen V. ject to the nominee’s commitment to Arms Export Control Act, the certification Reeves to be Major General. respond to requests to appear and tes- of a proposed manufacturing license agree- Army nomination of Maj. Gen. Jack C. tify before any duly constituted com- ment for the manufacture of significant Stultz, Jr. to be Lieutenant General. mittee of the Senate. military equipment abroad and the export of Navy nomination of Capt. Alan T. Baker to (Nominations without an asterisk defense articles or defense services in the be Rear Admiral (lower half). were reported with the recommenda- amount of $100,000,000 or more to the United Navy nomination of Rear Adm. (lh) Robert tion that they be confirmed.) Kingdom; to the Committee on Foreign Rela- F. Burt to be Rear Admiral. tions. Navy nomination of Capt. Gregory J. f EC–6910. A communication from the Assist- Smith to be Rear Admiral (lower half). INTRODUCTION OF BILLS AND ant Secretary for Legislative Affairs, De- Navy nominations beginning with Captain JOINT RESOLUTIONS partment of State, transmitting, pursuant to Townsend G. Alexander and ending with Cap- law, a report consistent with the Authoriza- tain Edward G. Winters III, which nomina- The following bills and joint resolu- tion for Use of Military Force Against Iraq tions were received by the Senate and ap- tions were introduced, read the first

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.048 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4796 CONGRESSIONAL RECORD — SENATE May 18, 2006 and second times by unanimous con- By Mr. BROWNBACK: ADDITIONAL COSPONSORS sent, and referred as indicated: S. 2847. A bill to reduce temporarily the duty on certain footwear with open toes or S. 241 By Mr. LOTT (for himself and Mr. heels; to the Committee on Finance. At the request of Ms. SNOWE, the PRYOR): name of the Senator from Idaho (Mr. S. 2830. A bill to amend the automobile fuel By Mr. BROWNBACK: economy provisions of title 49, United States S. 2848. A bill to reduce temporarily the CRAIG) was added as a cosponsor of S. Code, to reform the setting and calculation duty on certain footwear; to the Committee 241, a bill to amend section 254 of the of fuel economy standards for passenger on Finance. Communications Act of 1934 to provide automobiles, and for other purposes; to the By Mr. BROWNBACK: that funds received as universal service S. 2849. A bill to reduce temporarily the Committee on Commerce, Science, and contributions and the universal service Transportation. duty on certain sports shoes; to the Com- mittee on Finance. support programs established pursuant By Mr. LUGAR (for himself, Mr. SPEC- By Mr. BROWNBACK: to that section are not subject to cer- TER, Mr. DODD, Mr. GRAHAM, and Mr. S. 2850. A bill to reduce temporarily the tain provisions of title 31, United SCHUMER): S. 2831. A bill to guarantee the free flow of duty on certain house slippers; to the Com- States Code, commonly known as the information to the public through a free and mittee on Finance. Antideficiency Act. By Mr. DEMINT: active press while protecting the right of the S. 409 public to effective law enforcement and the S. 2851. A bill to extend the temporary sus- pension of duty on sodium methylate powder At the request of Mr. COLEMAN, the fair administration of justice; to the Com- name of the Senator from Oregon (Mr. mittee on the Judiciary. (NA methylate powder); to the Committee on WYDEN) was added as a cosponsor of S. By Mr. VOINOVICH (for himself, Mrs. Finance. CLINTON, Mr. WARNER, Mr. DEWINE, By Mr. DEMINT: 409, a bill to establish a Federal Youth Mr. LOTT, Mr. ALLEN, Mr. BURR, and S. 2852. A bill to extend the temporary sus- Development Council to improve the Mrs. DOLE): pension of duty on allyl isosulfocyanate; to administration and coordination of S. 2832. A bill to reauthorize and improve the Committee on Finance. Federal programs serving youth, and the program authorized by the Appalachian By Mr. DEMINT: for other purposes. Regional Development Act of 1965; to the S. 2853. A bill to suspend temporarily the S. 441 Committee on Environment and Public duty on 1,2 Hexanediol; to the Committee on Works. Finance. At the request of Mr. SANTORUM, the By Mr. BROWNBACK: By Mr. KOHL (for himself and Mr. name of the Senator from Louisiana S. 2833. A bill to suspend temporarily the DEWINE): (Mr. VITTER) was added as a cosponsor duty on certain athletic footwear for men S. 2854. A bill to prevent anti-competitive of S. 441, a bill to amend the Internal and boys; to the Committee on Finance. mergers and acquisitions in the oil and gas Revenue Code of 1986 to make perma- By Mr. BROWNBACK: industry; to the Committee on the Judiciary. nent the classification of a motorsports By Mr. BIDEN (for himself and Mr. S. 2834. A bill to suspend temporarily the entertainment complex. duty on certain athletic shoes; to the Com- JEFFORDS): mittee on Finance. S. 2855. A bill to amend the Safe Drinking S. 619 By Mr. BROWNBACK: Water Act to eliminate security risks by re- At the request of Mrs. FEINSTEIN, the S. 2835. A bill to suspend temporarily the placing the use of extremely hazardous gas- name of the Senator from Hawaii (Mr. duty on certain leather footwear for persons eous chemicals with inherently safer tech- AKAKA) was added as a cosponsor of S. other than men or women; to the Committee nologies; to the Committee on Environment 619, a bill to amend title II of the So- and Public Works. on Finance. cial Security Act to repeal the Govern- By Mr. BROWNBACK: By Mr. CRAPO: S. 2836. A bill to suspend temporarily the S. 2856. An original bill to provide regu- ment pension offset and windfall elimi- duty on certain other work footwear; to the latory relief and improve productivity for in- nation provisions. Committee on Finance. sured depository institutions, and for other S. 633 By Mr. BROWNBACK: purposes; from the Committee on Banking, At the request of Mr. JOHNSON, the S. 2837. A bill to suspend temporarily the Housing, and Urban Affairs; placed on the name of the Senator from New Jersey duty on certain leather and textile footwear; calendar. to the Committee on Finance. (Mr. MENENDEZ) was added as a cospon- By Mr. BROWNBACK: f sor of S. 633, a bill to require the Sec- S. 2838. A bill to reduce temporarily the retary of the Treasury to mint coins in duty on certain rubber or plastic footwear; SUBMISSION OF CONCURRENT AND commemoration of veterans who be- to the Committee on Finance. SENATE RESOLUTIONS came disabled for life while serving in By Mr. BROWNBACK: the Armed Forces of the United States. S. 2839. A bill to reduce temporarily the The following concurrent resolutions duty on certain footwear for men; to the and Senate resolutions were read, and S. 760 Committee on Finance. referred (or acted upon), as indicated: At the request of Mr. INOUYE, the By Mr. BROWNBACK: name of the Senator from Vermont By Mr. COCHRAN: S. 2840. A bill to reduce temporarily the (Mr. JEFFORDS) was added as a cospon- duty on certain welt footwear; to the Com- S. Res. 483. A resolution expressing the sense of the Senate regarding the importance sor of S. 760, a bill to amend the Public mittee on Finance. Health Service Act to provide a means By Mr. BROWNBACK: of oral health, and for other purposes; to the S. 2841. A bill to reduce temporarily the Committee on Health, Education, Labor, and for continued improvement in emer- duty on certain turn or turned footwear; to Pensions. gency medical services for children. the Committee on Finance. By Mr. MCCONNELL (for himself, Mr. S. 772 BROWNBACK, Mrs. FEINSTEIN, Mr. By Mr. BROWNBACK: At the request of Mr. CORNYN, the LEAHY, Mr. LAUTENBERG, Mr. FRIST, S. 2842. A bill to reduce temporarily the name of the Senator from Virginia (Mr. duty on certain work footwear with outer Mr. OBAMA, Mr. MCCAIN, Mr. ALLEN) was added as a cosponsor of S. soles of leather; to the Committee on Fi- LIEBERMAN, and Mr. REID): nance. S. Res. 484. A resolution expressing the 772, a bill to amend the Internal Rev- By Mr. BROWNBACK: sense of the Senate condemning the military enue Code of 1986 to expand workplace S. 2843. A bill to reduce temporarily the junta in Burma for its recent campaign of health incentives by equalizing the tax duty on certain footwear with outer soles of terror against ethnic minorities and calling consequences of employee athletic fa- rubber or plastics and with open toes or on the United Nations Security Council to cility use. heels; to the Committee on Finance. adopt immediately a binding non-punitive S. 914 By Mr. BROWNBACK: resolution on Burma; considered and agreed S. 2844. A bill to reduce temporarily the to. At the request of Mr. ALLARD, the duty on certain athletic footwear; to the By Mr. FEINGOLD (for himself and Ms. name of the Senator from California Committee on Finance. SNOWE): (Mrs. BOXER) was added as a cosponsor By Mr. BROWNBACK: S. Con. Res. 95. A concurrent resolution ex- of S. 914, a bill to amend the Public S. 2845. A bill to reduce temporarily the pressing the sense of Congress with regard to Health Service Act to establish a com- duty on certain women’s footwear; to the the importance of Women’s Health Week, petitive grant program to build capac- Committee on Finance. which promotes awareness of diseases that By Mr. BROWNBACK: affect women and which encourages women ity in veterinary medical education S. 2846. A bill to reduce temporarily the to take preventive measures to ensure good and expand the workforce of veterinar- duty on certain work footwear; to the Com- health; to the Committee on Health, Edu- ians engaged in public health practice mittee on Finance. cation, Labor, and Pensions . and biomedical research.

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.051 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4797 S. 1023 (Mr. SMITH) were added as cosponsors S. 2563 At the request of Mr. DODD, the name of S. 1741, a bill to amend the Robert T. At the request of Mr. COCHRAN, the of the Senator from Connecticut (Mr. Stafford Disaster Relief and Emer- name of the Senator from Georgia (Mr. LIEBERMAN) was added as a cosponsor gency Assistance Act to authorize the CHAMBLISS) was added as a cosponsor of of S. 1023, a bill to provide for the es- President to carry out a program for S. 2563, a bill to amend title XVIII of tablishment of a Digital Opportunity the protection of the health and safety the Social Security Act to require Investment Trust. of residents, workers, volunteers, and prompt payment to pharmacies under S. 1035 others in a disaster area. part D, to restrict pharmacy co-brand- At the request of Mr. INHOFE, the S. 1774 ing on prescription drug cards issued names of the Senator from Pennsyl- At the request of Mr. CORNYN, the under such part, and to provide guide- vania (Mr. SPECTER) and the Senator name of the Senator from Connecticut lines for Medication Therapy Manage- from Ohio (Mr. DEWINE) were added as (Mr. LIEBERMAN) was added as a co- ment Services programs offered by pre- cosponsors of S. 1035, a bill to authorize sponsor of S. 1774, a bill to amend the scription drug plans and MA–PD plans the presentation of commemorative Public Health Service Act to provide under such part. medals on behalf of Congress to Native for the expansion, intensification, and S. 2592 Americans who served as Code Talkers coordination of the activities of the At the request of Mr. HARKIN, the during foreign conflicts in which the National Heart, Lung, and Blood Insti- name of the Senator from New Jersey United States was involved during the tute with respect to research on pul- (Mr. LAUTENBERG) was added as a co- 20th century in recognition of the serv- monary hypertension. sponsor of S. 2592, a bill to amend the ice of those Native Americans to the S. 1840 Child Nutrition Act of 1966 to improve United States. the nutrition and health of school- At the request of Mr. THUNE, the S. 1132 name of the Senator from Minnesota children by updating the definition of ‘‘food of minimal nutritional value’’ to At the request of Mr. COLEMAN, the (Mr. DAYTON) was added as a cosponsor name of the Senator from Minnesota of S. 1840, a bill to amend section 340B conform to current nutrition science (Mr. DAYTON) was added as a cosponsor of the Public Health Service Act to in- and to protect the Federal investment of S. 1132, a bill to amend the Public crease the affordability of inpatient in the national school lunch and break- Health Service Act, the Employee Re- drugs for Medicaid and safety net hos- fast programs. tirement Income Security Act of 1974, pitals. S. 2616 and the Internal Revenue Code of 1986 At the request of Mr. SANTORUM, the S. 2140 to require that group and individual names of the Senator from West Vir- At the request of Mr. HATCH, the health insurance coverage and group ginia (Mr. BYRD) and the Senator from name of the Senator from Louisiana health plans provide coverage for treat- West Virginia (Mr. ROCKEFELLER) were (Mr. VITTER) was added as a cosponsor ment of a minor child’s congenital or added as cosponsors of S. 2616, a bill to of S. 2140, a bill to enhance protection developmental deformity or disorder amend the Surface Mining Control and of children from sexual exploitation by due to trauma, infection, tumor, or dis- Reclamation Act of 1977 and the Min- strengthening section 2257 of title 18, ease. eral Leasing Act to improve surface United States Code, requiring pro- S. 1200 mining control and reclamation, and ducers of sexually explicit material to for other purposes. At the request of Mr. BUNNING, the keep and permit inspection of records S. 2645 name of the Senator from Idaho (Mr. regarding the age of performers, and RAIG At the request of Mr. ALLEN, the C ) was added as a cosponsor of S. for other purposes. 1200, a bill to amend the Internal Rev- name of the Senator from Maryland S. 2231 enue Code of 1986 to reduce the depre- (Mr. SARBANES) was added as a cospon- ciation recovery period for certain roof At the request of Mr. BYRD, the sor of S. 2645, a bill to establish the systems. names of the Senator from Pennsyl- Journey Through Hallowed Ground Na- vania (Mr. SANTORUM) and the Senator S. 1353 tional Heritage Area, and for other from South Dakota (Mr. JOHNSON) were At the request of Mr. REID, the purposes. added as cosponsors of S. 2231, a bill to names of the Senator from Hawaii (Mr. S. 2658 direct the Secretary of Labor to pre- INOUYE) and the Senator from New Jer- At the request of Mr. LEAHY, the scribe additional coal mine safety sey (Mr. MENENDEZ) were added as co- name of the Senator from Vermont standards, to require additional pen- sponsors of S. 1353, a bill to amend the (Mr. JEFFORDS) was added as a cospon- Public Health Service Act to provide alties for habitual violators, and for sor of S. 2658, a bill to amend title 10, for the establishment of an other purposes. United States Code, to enhance the na- Amyotrophic Lateral Sclerosis Reg- S. 2308 tional defense through empowerment istry. At the request of Mr. SPECTER, the of the Chief of the National Guard Bu- S. 1725 name of the Senator from South Da- reau and the enhancement of the func- At the request of Mr. LIEBERMAN, the kota (Mr. JOHNSON) was added as a co- tions of the National Guard Bureau, name of the Senator from Rhode Island sponsor of S. 2308, a bill to amend the and for other purposes. (Mr. CHAFEE) was added as a cosponsor Federal Mine Safety and Health Act of S. 2688 of S. 1725, a bill to strengthen Federal 1977 to improve mine safety, and for At the request of Mr. ISAKSON, the leadership, provide grants, enhance other purposes. name of the Senator from Georgia (Mr. outreach and guidance, and provide S. 2321 CHAMBLISS) was added as a cosponsor of other support to State and local offi- At the request of Mr. SANTORUM, the S. 2688, a bill to amend the Internal cials to enhance emergency commu- names of the Senator from Mississippi Revenue Code of 1986 to encourage pri- nications capabilities, to achieve com- (Mr. COCHRAN) and the Senator from vate philanthropy. munications interoperability, to foster Kansas (Mr. BROWNBACK) were added as S. 2703 improved regional collaboration and cosponsors of S. 2321, a bill to require At the request of Mr. LEAHY, the coordination, to promote more effi- the Secretary of the Treasury to mint names of the Senator from Maryland cient utilization of funding devoted to coins in commemoration of Louis (Mr. SARBANES) and the Senator from public safety communications, to pro- Braille. Montana (Mr. BAUCUS) were added as mote research and development by S. 2490 cosponsors of S. 2703, a bill to amend both the public and private sectors for At the request of Mr. COLEMAN, the the Voting Rights Act of 1965. first responder communications, and name of the Senator from Utah (Mr. S. 2770 for other purposes. BENNETT) was added as a cosponsor of At the request of Mr. MCCAIN, the S. 1741 S. 2490, a bill to amend title 5, United names of the Senator from Georgia At the request of Mr. VOINOVICH, the States Code, to provide for a real es- (Mr. CHAMBLISS) and the Senator from names of the Senator from Maine (Ms. tate stock index investment option Ohio (Mr. DEWINE) were added as co- COLLINS) and the Senator from Oregon under the Thrift Savings Plan. sponsors of S. 2770, a bill to impose

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.052 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4798 CONGRESSIONAL RECORD — SENATE May 18, 2006 sanctions on certain officials of AMENDMENT NO. 4023 gram was released in 2002. Although Uzbekistan responsible for the Andijan At the request of Mr. DOMENICI, the that study found that CAFE had in fact massacre. name of the Senator from Connecticut reduced energy consumption, the Acad- S. 2810 (Mr. DODD) was added as a cosponsor of emy was critical of how the program At the request of Mr. GRASSLEY, the amendment No. 4023 intended to be pro- was structured and found that there names of the Senator from West Vir- posed to S. 2611, a bill to provide for was a negative impact on safety. ginia (Mr. BYRD), the Senator from comprehensive immigration reform Just this spring, the Department of Ohio (Mr. VOINOVICH), the Senator from and for other purposes. Transportation issued new reformed New York (Mrs. CLINTON), the Senator AMENDMENT NO. 4025 CAFE rules for pickup trucks, vans, from Maryland (Ms. MIKULSKI), the At the request of Mr. DEMINT, the and SUVs. This rule is a radical depar- Senator from Rhode Island (Mr. name of the Senator from Kansas (Mr. ture from prior CAFE rules in that it CHAFEE), the Senator from Alaska (Mr. BROWNBACK) was added as a cosponsor applies different standards to different STEVENS), the Senator from Rhode Is- of amendment No. 4025 intended to be sized vehicles rather than a uniform land (Mr. REED), the Senator from Col- proposed to S. 2611, a bill to provide for standard across the whole fleet. The orado (Mr. SALAZAR), the Senator from comprehensive immigration reform Department’s approach addresses many Pennsylvania (Mr. SPECTER), the Sen- and for other purposes. of the criticisms in the academy’s ator from Minnesota (Mr. COLEMAN) AMENDMENT NO. 4029 study. The recent rule did not, however, in- and the Senator from Florida (Mr. At the request of Mr. AKAKA, the clude new standards for cars. Those MARTINEZ) were added as cosponsors of names of the Senator from Washington standards have been the same since S. 2810, a bill to amend title XVIII of (Mrs. MURRAY) and the Senator from 1984 and there is considerable legal am- the Social Security Act to eliminate Washington (Ms. CANTWELL) were biguity about the secretary’s ability to months in 2006 from the calculation of added as cosponsors of amendment No. increase the existing standards. It is any late enrollment penalty under the 4029 proposed to S. 2611, a bill to pro- clear, however, that the law does not Medicare part D prescription drug pro- vide for comprehensive immigration allow the secretary to ‘‘reform’’ CAFE gram and to provide for additional reform and for other purposes. funding for State health insurance standards for cars, since that part of AMENDMENT NO. 4057 counseling program and area agencies the statute is written differently than At the request of Mr. THOMAS, the on aging, and for other purposes. for light trucks. name of the Senator from California S. 2819 As chairman of the Subcommittee on (Mrs. BOXER) was added as a cosponsor Surface Transportation and Merchant At the request of Mr. COLEMAN, the of amendment No. 4057 intended to be name of the Senator from Iowa (Mr. Marine, I held a hearing on reforming proposed to S. 2611, a bill to provide for CAFE standards last week. We heard HARKIN) was added as a cosponsor of S. comprehensive immigration reform from Secretary Mineta, as well as the 2819, a bill to amend part C of title and for other purposes. XVIII of the Social Security Act to automobile industry, safety advocates, AMENDMENT NO. 4064 provide for a minimum payment rate and fuel economy experts. After listen- by Medicare Advantage organizations At the request of Mr. INHOFE, the ing to what our witnesses had to say, I for services furnished by a critical ac- names of the Senator from Tennessee am convinced that ‘‘reform’’ is a nec- cess hospital and a rural health clinic (Mr. ALEXANDER), the Senator from Ar- essary approach. YL After that hearing, Secretary Mineta under the Medicare program. izona (Mr. K ) and the Senator from Tennessee (Mr. FRIST) were added as transmitted legislation to Congress S. 2824 cosponsors of amendment No. 4064 pro- asking for the authority to reform At the request of Mr. DEMINT, the posed to S. 2611, a bill to provide for CAFE standards. name of the Senator from Missouri comprehensive immigration reform The bill we are introducing today is (Mr. BOND) was added as a cosponsor of and for other purposes. very straightforward. The main feature S. 2824, a bill to reduce the burdens of f of the legislation is that it gives the the implementation of section 404 of Secretary of Transportation the au- the Sarbanes-Oxley Act of 2002. STATEMENTS ON INTRODUCED thority to reform the CAFE program in S. RES. 450 BILLS AND JOINT RESOLUTIONS a manner similar to the rule that he At the request of Mr. DEWINE, the By Mr. LOTT (for himself and Mr. issued for light trucks. The bill puts names of the Senator from Georgia PRYOR): the responsibility of setting CAFE (Mr. CHAMBLISS), the Senator from S. 2830. A bill to amend the auto- standards where it belongs—and that is Georgia (Mr. ISAKSON) and the Senator mobile fuel economy provisions of title with the scientists and technical ex- from Alaska (Ms. MURKOWSKI) were 49, United States Code, to reform the perts at the Department of Transpor- added as cosponsors of S. Res. 450, a setting and calculation of fuel econ- tation. resolution designating June 2006 as Na- omy standards for passenger auto- The reformed CAFE program author- tional Safety Month. mobiles, and for other purposes; to the ized by this legislation will address S. RES. 469 Committee on Commerce, Science, and many of the past criticisms. For exam- At the request of Mr. MCCAIN, the Transportation. ple, the legislation specifies that the names of the Senator from Ohio (Mr. Mr. LOTT. Mr. President, I rise today Secretary must take motor vehicle DEWINE) and the Senator from Georgia to introduce The Corporate Average safety into consideration when devel- (Mr. CHAMBLISS) were added as cospon- Fuel Economy, CAFE, Program Reform oping new CAFE standards. The legis- sors of S. Res. 469, a resolution con- Act of 2006. I am pleased to be joined in lation also allows the trading of CAFE demning the April 25, 2006, beating and this effort by Senator PRYOR, who credits between a manufacturer’s pas- intimidation of Cuban dissident Mar- serves on the Commerce Committee senger car and light truck fleets. This tha Beatriz Roque. with me. gives manufacturers the flexibility to At the request of Mr. LIEBERMAN, the Since being introduced in the 1970s, increase CAFE where it is most cost ef- name of the Senator from New Jersey CAFE standards have been controver- fective to do so. (Mr. LAUTENBERG) was added as a co- sial. The effectiveness of these stand- Let me briefly address one issue that sponsor of S. Res. 469, supra. ards is often debated as is their effect is potentially controversial. That is AMENDMENT NO. 4009 on safety, consumer choice, and the the issue of what is being called ‘‘back- At the request of Mr. CHAMBLISS, the automobile industry. sliding.’’ The concern is that under a names of the Senator from Tennessee CAFE became so controversial that reformed CAFE program, manufactur- (Mr. ALEXANDER) and the Senator from it essentially was frozen for many ers could simply stop manufacturing Missouri (Mr. BOND) were added as co- years. some of their smaller cars since these sponsors of amendment No. 4009 pro- The stand-off over CAFE finally cars are no longer needed to ‘‘average posed to S. 2611, a bill to provide for eased a little bit when a Congression- out’’ the larger, less fuel efficient mod- comprehensive immigration reform ally commissioned National Academy els. The manufacturer’s overall fuel and for other purposes. of Sciences review of the CAFE pro- economy average could then end up

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.054 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4799 being below where it is presently. Al- mathematical function. The Secretary may (E) by striking subsection (g)(2); and though this is very unlikely to happen issue a regulation prescribing standards for (F) by striking ‘‘(c),’’ in subsection (h) and and that isn’t the intent of a ‘‘re- one or more model years. inserting ‘‘(b),’’. formed’’ CAFE system, I understand ‘‘(2) REQUIRED LEAD-TIME.—When the Sec- (2) Section 32903 of such title is amended retary prescribes an amendment to a stand- by striking ‘‘section 32902(b)–(d)’’ each place the concern. Senator PRYOR and I have ard under this section that makes an average it appears and inserting ‘‘subsection (b) or included a provision in our legislation fuel economy standard more stringent, the (d) of section 32902’’. to address that problem. I know that Secretary shall prescribe the amendment at (3) Section 32904(a)(1)(B) of such title is there are many opinions on how to deal least 18 months before the beginning of the amended by striking ‘‘section 32902(b)–(d)’’ with this backsliding issue, and some model year to which the amendment applies. and inserting ‘‘subsection (b) or (d) of section people may not feel that our approach ‘‘(3) NO ACROSS-THE-BOARD INCREASES.— 32902’’. is strong enough. On the other hand, if When the Secretary prescribes a standard, or (4) The first sentence of section 32909(b) of prescribes an amendment under this section the provision is too strict then the ben- such title is amended to read ‘‘The petition that changes a standard, the standard may must be filed not later than 59 days after the efits of reform are potentially wiped not be expressed as a uniform percentage in- regulation is prescribed.’’. out. crease from the fuel-economy performance of (5) Section 32917(b)(1)(B) of such title is In the past, many in Congress have automobile classes or categories already amended by striking ‘‘or (c)’’. played politics with CAFE—offering achieved in a model year by a manufac- SEC. 3. USE OF EARNED CREDITS. bills that try to set unrealistically turer.’’; Section 32903 of title 49, United States high or arbitrary CAFE standards. On (2) by inserting ‘‘motor vehicle safety, Code, is amended— the other side are those that have sim- emissions,’’ in subsection (f) after ‘‘econ- (1) by striking ‘‘3 consecutive model years’’ omy,’’; in subsection (a)(1) and subsection (a)(2) and ply opposed doing anything. This has (3) by striking ‘‘energy.’’ in subsection (f) resulted in a stalemate and lots of fin- inserting ‘‘5 consecutive model years’’; and inserting ‘‘energy and reduce its depend- (2) by striking ‘‘3 model years’’ in sub- ger pointing. I hope this doesn’t happen ence on oil for transportation.’’; section (b)(2) and inserting ‘‘5 model years’’; again, because we really do need to get (4) by striking subsection (j) and inserting (3) by redesignating subsection (f) as sub- tougher standards in place as soon as the following: section (g); and we can. ‘‘(j) COMMENTS FROM DOE AND EPA.— (4) by inserting after subsection (e) the fol- ‘‘(1) NOTICE OF PROPOSED RULEMAKING.—Be- Senator PRYOR and I are committed lowing: fore issuing a notice proposing to prescribe to improving the fuel economy of our ‘‘(f) CREDIT TRANSFERS.—The Secretary of or amend an average fuel economy standard Transportation may permit by regulation, vehicles without reducing safety and under subsection (a), (b), or (g), the Sec- reliability or losing jobs. I urge my col- on such terms and conditions as the Sec- retary of Transportation shall give the Sec- retary may specify, a manufacturer of auto- leagues to support this legislation. retary of Energy and the Administrator of mobiles that earns credits to transfer such I ask unanimous consent that the the Environmental Protection Agency at credits attributable to one of the following text of the bill be printed in the least 10 days to comment on the proposed production segments in a model year to RECORD. standard or amendment. If the Secretary of apply those credits in that model year to the There being no objection, the text of Energy or the Administrator concludes that other production segment: the proposed standard or amendment would the bill was ordered to be printed in ‘‘(1) Passenger-automobile production. adversely affect the conservation goals of ‘‘(2) Non-passenger-automobile production. the RECORD, as follows: the Department of Energy or the environ- In promulgating such a regulation, the Sec- S. 2830 mental protection goals of the Environ- retary shall take into consideration the po- mental Protection Agency, respectively, the Be it enacted by the Senate and House of Rep- tential effect of such transfers on creating Secretary or the Administrator may provide resentatives of the United States of America in incentives for manufacturers to produce written comments to the Secretary of Trans- Congress assembled, more efficient vehicles and domestic auto- portation about the impact of the proposed SECTION 1. SHORT TITLE. motive employment.’’. This Act may be cited as the ‘‘Corporate standard or amendment on those goals. To the extent that the Secretary of Transpor- SEC. 4. USE OF CIVIL PENALTIES FOR RESEARCH Average Fuel Economy Reform Act of 2006’’. AND DEVELOPMENT. tation does not revise a proposed standard or Section 32912 of title 49, United States SEC. 2. CAFE STANDARDS FOR PASSENGER AUTO- amendment to take into account the com- MOBILES. Code, is amended by adding at the end there- ments, if any, the Secretary shall include (a) AVERAGE FUEL ECONOMY STANDARDS of the following: the comments in the notice. FOR AUTOMOBILES.—Section 32902 of title 49, ‘‘(e) RESEARCH AND DEVELOPMENT AND USE ‘‘(2) NOTICE OF FINAL RULE.—Before taking United States Code, is amended— OF CIVIL PENALTIES.— final action on a standard or an exemption (1) by striking subsections (b) and (c) and ‘‘(1) All civil penalties assessed by the Sec- from a standard under this section, the Sec- inserting the following: retary or by a Court shall be credited to an retary of Transportation shall notify the ‘‘(b) PASSENGER AUTOMOBILES.— account at the Department of Transpor- Secretary of Energy and the Administrator ‘‘(1) IN GENERAL.—At least 18 months be- tation and shall be available to the Sec- of the Environmental Protection Agency and fore the beginning of each model year, the retary to carry out the research program de- provide them a reasonable time to comment Secretary of Transportation shall prescribe scribed in paragraph (2). on the standard or exemption.’’; and by regulation average fuel economy stand- ‘‘(2) The Secretary shall carry out a pro- (5) by adding at the end thereof the fol- ards for passenger automobiles manufac- gram of research and development into fuel lowing: tured by a manufacturer in that model year. saving automotive technologies and to sup- ‘‘(k) COSTS–BENEFITS.—The Secretary of Each standard shall be the maximum fea- Transportation may not prescribe an average port rulemaking related to the corporate av- sible average fuel economy level that the fuel economy standard under this section erage fuel economy program.’’. Secretary decides the manufacturers can that imposes marginal costs that exceed SEC. 5. EFFECTIVE DATE. achieve in that model year. The Secretary marginal benefits, as determined at the time (a) IN GENERAL.—Except as provided in may prescribe separate standards for dif- any change in the standard is promulgated.’’. subsection (b), this Act, and the amendments ferent classes of passenger automobiles. (b) EXEMPTION CRITERIA.—The first sen- made by this Act, take effect on the date of ‘‘(2) MINIMUM STANDARD.—In prescribing a tence of section 32904(b)(6)(B) of title 49, enactment of this Act. standard under paragraph (1), the Secretary United States Code, is amended— (b) TRANSITION FOR PASSENGER AUTOMOBILE shall ensure that no manufacturer’s standard (1) by striking ‘‘exemption would result in STANDARD.—Notwithstanding subsection (a), for a particular model year is less than the reduced’’ and inserting ‘‘manufacturer re- and except as provided in subsection (c)(2), greater of— questing the exemption will transfer’’; until the effective date of a standard for pas- ‘‘(A) the standard in effect on the date of (2) by striking ‘‘in the United States’’ and senger automobiles that is issued under the enactment of the Corporate Average Fuel inserting ‘‘from the United States’’; and authority of section 32902(b) of title 49, Economy Reform Act of 2006; or (3) by inserting ‘‘because of the grant of United States Code, as amended by this Act, ‘‘(B) a standard established in accordance the exemption’’ after ‘‘manufacturing’’. the standard or standards in place for pas- with the requirement of section 5(c)(2) of (c) CONFORMING AMENDMENTS.— senger automobiles under the authority of that Act. (1) Section 32902 of title 49, United States section 32902 of that title, as that section ‘‘(c) FLEXIBILITY OF AUTHORITY.— Code, is amended— was in effect on the day before the date of ‘‘(1) IN GENERAL.—The authority of the (A) by striking ‘‘or (c)’’ in subsection (d)(1); enactment of this Act, shall remain in effect. Secretary to prescribe by regulation average (B) by striking ‘‘(c),’’ in subsection (e)(2); (c) RULEMAKING.— fuel economy standards for automobiles (C) by striking ‘‘subsection (a) or (d)’’ each (1) INITIATION OF RULEMAKING UNDER under this section includes the authority to place it appears in subsection (g)(1) and in- AMENDED LAW.—Within 60 days after the date prescribe standards based on one or more ve- serting ‘‘subsection (a), (b), or (d)’’; of enactment of this Act, the Secretary of hicle attributes that relate to fuel economy, (D) by striking ‘‘(1) The’’ in subsection Transportation shall initiate a rulemaking and to express the standards in the form of a (g)(1) and inserting ‘‘The’’; for passenger automobiles under section

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.059 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4800 CONGRESSIONAL RECORD — SENATE May 18, 2006 32902(b) of title 49, United States Code, as reform. For over 30 years the original administration of justice; to the Com- amended by this Act. CAFE standard has remained in place mittee on the Judiciary. (2) AMENDMENT OF EXISTING STANDARD.— while a rapidly advancing marketplace Mr. LUGAR. Mr. President, the bill Until the Secretary issues a final rule pursu- and rapidly advancing technology have at the desk is introduced on behalf of ant to the rulemaking initiated in accord- myself, Senators SPECTER, DODD, ance with paragraph (1), the Secretary shall left it behind. Each time fuel economy amend the average fuel economy standard standards have been debated in this GRAHAM, and SCHUMER. I am pleased to prescribed pursuant to section 32092(b) of body, they have been mired in partisan join my good friends and colleagues, title 49, United States Code, with respect to politics resulting in nothing but stale- Senators SPECTER and DODD, in intro- passenger automobiles in model years to mate. ducing a revised version of the Free which the standard adopted by such final Senator LOTT and I are choosing Flow of Information Act. rule does not apply. progress over politics with our common I believe that the free flow of infor- Mr. PRYOR. Mr. President, I rise sense legislation, the Corporate Aver- mation essential element of democ- today with my good friend and col- age Fuel Economy Reform Act of 2006. racy. In order for the United States to league from Mississippi, Senator LOTT, The bill will help accomplish our na- foster the spread of freedom and de- to introduce legislation to reform and tional security and energy conserva- mocracy globally, it is incumbent that raise the corporate average fuel econ- tion goals while preserving motor vehi- we first support an open and free press omy standard for the first time since cle safety, American manufacturing nationally. The role of the media as a its inception over 30 years ago. jobs, and consumer choice for vehicles. conduit between government and the In 1975 this body passed, as a part of Specifically, it will clarify the au- citizens it serves must not be devalued. the Energy Policy and Conservation thority of the Secretary of Transpor- Unfortunately, the free flow of infor- Act, the very first fuel economy stand- tation to raise and reform CAFE stand- mation to citizens of the United States ards for our passenger car fleet, setting ards. It requires the Secretary to begin is inhibited. Over 30 reporters were re- a standard that all manufacturers the reform process within 60 days in cently served or threatened with jail must achieve 27.5 miles per gallon. This addition to requiring the Secretary to sentences in at least four different Fed- was done in response to the first oil complete an expedited rulemaking to eral jurisdictions for refusing to reveal confidential sources. I fear the end re- embargo and the energy crisis of the immediately amend the current CAFE sult of such actions is that many whis- early 1970s. Americans realized for the standard before a reformed standard tleblowers will refuse to come forward first time that we as a nation must set takes effect. and reporters will be unable to provide and achieve attainable goals for energy For the first time, it will require the our constituents with information they conservation, not only for our eco- Secretary to consider greenhouse gas have a right to know. nomic security but also for our na- emissions when promulgating a CAFE tional security. In 1972, the Supreme Court held in standard as well as require the Sec- Branzburg v. Hayes, that reporters did At that time, the fuel economy of retary to obtain comments from the passenger cars averaged around 14 not have an absolute privilege as third Administrator of the Environmental party witnesses to protect their miles per gallon. Ten years after CAFE Protection Agency on the impact of was enacted, the fuel economy of pas- sources from prosecutors. Since any new rule on the environment. Branzburg, every State and the Dis- senger cars had almost doubled, saving Our legislation also gives automobile an estimated 2.8 million barrels of oil a trict of Columbia, excluding Wyoming manufacturers more flexibility in the has created a privilege for reporters day. There can be no doubts as to the way they can apply CAFE credits in benefits of the original CAFE standard. not to reveal their confidential order to help them preserve American sources. My own State of Indiana pro- Still 20 years after reaching this peak jobs. It preserves the 18-month lead around 1985, the fuel economy of the vides qualified reporters an absolute time required before the Secretary can protection from having to reveal any Nation’s passenger car fleet has stag- issue more stringent CAFE standards. nated. Some have even argued the fleet such information in court. It also allows the Secretary to use the The Federal courts of appeals, how- of vehicles entering the marketplace fines collected for violations of the ever, have an incongruent view of this today gets less fuel economy than CAFE standard for research and devel- matter. Each circuit has addressed the those models in 1985. While fuel effi- opment of fuel saving technologies and question of the privilege in a different cient technology has improved over the to conduct CAFE rulemakings. Finally, manner. Some circuits allow the privi- years, the fuel economy of the Nation’s our bill provides a backstop fuel econ- lege in one category of cases, while passenger fleet has not. Also today, our omy average which no manufacturer others, have expressed skepticism dependence on oil is greater than ever can go below, regardless of their fleet about whether any privilege exists at before. This dependence has com- mix. all. plicated decisions we make as a coun- There is no silver bullet in accom- Congress should clarify the extraor- try, such as foreign policy decisions, plishing our national security and en- dinary differences of opinion in the and as individuals, such as whether or ergy goals, and we must seek short- Federal courts of appeals and the effect not to fill up your gas tank or buy gro- term alternatives in addition to long- they have on undermining the general ceries. term solutions. CAFE reform is one policy of protection already in place I believe we must do better for fami- part of a long-term solution to reduce among the States. Likewise, the ambi- lies in Arkansas and around the Na- our dependence on oil, but it is one guity between official Department of tion. We must protect our national se- that can have lasting impact. Still, I Justice rules and unofficial criteria curity by reducing our dependence on believe for the long-term security of used to secure media subpoenas is un- foreign oil and uncomplicating our for- our country, this is as good a place as acceptable. eign policy decision-making in oil-rich any to start. We must start now. There is an urgent need for Congress regions. We must protect the environ- I thank my colleague from the Com- to state clear and concise policy guid- ment by reducing greenhouse gas emis- merce Committee, Senator LOTT, for ance. sions. We must reduce the cost of his hard work on this bipartisan legis- Senators SPECTER, DODD, and I have transportation for consumers. We must lation. I look forward to working with introduced legislation today that pre- begin implementing more stringent him and the rest of my colleagues to serves the free flow of information to CAFE standards now before these prob- ensure that this reform becomes law. the public by providing the press the lems worsen. Gasoline is over 70 cents ability to obtain and protect confiden- higher than this time last year, and By Mr. LUGAR (for himself, Mr. tial sources. It provides journalists the number of miles driven by every SPECTER, Mr. DODD, Mr. with certain rights and abilities to American over the age of 16 has risen GRAHAM, and Mr. SCHUMER): sources and report appropriate infor- over 60 percent since 1970—and is con- S. 2831. A bill to guarantee the free mation without fear of intimidation or tinuing to climb at a rapid pace. flow of information to the public imprisonment. This bill sets national This is why I have joined my col- through a free and active press while standards, based on Department of Jus- league and worked in a bipartisan man- protecting the right of the public to ef- tice guidelines, for subpoenas issued to ner to introduce comprehensive CAFE fective law enforcement and the fair reporters by the Federal Government.

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.057 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4801 Our legislation promotes greater the nucleus of the bill we are intro- you, then you don’t have a solid transparency of government, maintains ducing today. story—and the public suffers for it.’’ the ability of the courts to operate ef- The Branzburg v. Hayes case, 33 years Reporter Matthew Cooper of Time fectively, and protects the whistle- ago, which was a 5-to-4 decision, with a magazine said this to the Committee: blowers that identify government or concurring opinion by Justice Powell, ‘‘As someone who relies on confidential corporate misdeeds and protect na- has led to what is accurately called a sources all the time, I simply could not tional security. ‘‘crazy quilt’’ situation in the cir- do my job reporting stories big and It is also important to note what this cuits—five circuits going one way, four small without being able to speak with legislation does not do. The legislation circuits going another way, and laws officials under varying degrees of ano- does not permit rule breaking, give re- unsettled in some circuits. This bill, nymity.’’ porters a license to break the law, or modeled significantly after the Depart- On the other hand, the public has a permit reporters to interfere with ment of Justice regulations, will codify right to effective law enforcement and crimes prevention efforts. Further- this important issue. fair trials. Our judicial system needs more, the Free Flow of Information There is an exception on reporter’s access to information in order to pros- Act does not weaken national security privilege for national security cases. ecute crime and to guarantee fair ad- nor restrict law enforcement. Addi- Keeping in mind the incarceration of ministration of the law for plaintiffs tional protections have been added to Judith Miller, this bill makes a sharp and defendants alike. As a Justice De- this bill to ensure that information distinction between national security partment representative told the com- will be disclosed in cases where the and an inquiry in the grand jury for ob- mittee, prosecutors need to ‘‘maintain guilt or innocence of a criminal is in struction of justice or perjury. As a the ability, in certain vitally impor- question, in cases where a reporter was prosecutor in the past, I have great ap- tant circumstances, to obtain informa- an eye witness to a crime, and in cases preciation for the offenses of obstruc- tion identifying a source when a para- where the information is critical to tion of justice and perjury. But in my mount interest is at stake. For exam- prevent death or bodily harm. The na- judgment, they do not rise to the level ple, obtaining source information may tional security exception and contin- of importance as a national security be the only available means of pre- ued strict standards relating to classi- case. When a special prosecutor’s inves- venting a murder, locating a kidnapped fied information will ensure that re- tigation shifts from the disclosure of a child, or identifying a serial arsonist.’’ porters are protected while maintain- CIA agent, to a question of obstruction As Federal courts considered such ing an avenue for prosecution and dis- of justice, it is a very different situa- competing interests, they adopted closure when considering the defense of tion. This bill would not permit, would rules that went in several different di- our country. not compel the disclosure of a source rections. Rather than a clear, uniform Reporters Without Borders has re- for obstruction of justice or perjury, standard for deciding claims of jour- ported that more than 100 journalists but would compel the disclosure of a nalist privilege, the Federal courts cur- are currently in jail around the world, source for a national security case. rently observe a ‘‘crazy quilt’’ of dif- with more than half in China, Cuba, This legislation has the endorsement ferent judicial standards. and Burma. This is not good company of 39 of the major media organizations The current confusion began 33 years for the United States of America. Glob- in the United States: The New York ago, when the Supreme Court decided al public opinion is always on the look- Times, the Washington Post, the Asso- Branzburg v. Hayes. The Court held out to advertise perceived American ciated Press, Time, Hearst Corpora- that the press’s first amendment right double standards. tion, Philadelphia Inquirer, Newspaper to publish information does not include I believe that passage of this bill Association of America, ABC, NBC, and a right to keep information secret from would have positive diplomatic con- CBS. It goes a long way to protecting a grand jury investigating a criminal sequences. This legislation not only sources, but it also leaves latitude, in matter. The Supreme Court also held confirms America’s constitutional the form of a balancing test, for Fed- that the common law did not exempt commitment to press freedom, it also eral prosecutors to gain information reporters from the duty of every cit- advances President Bush’s American under limited circumstances for plain- izen to provide information to a grand foreign policy initiatives to promote tiffs and defendants in civil cases to jury. and protect democracy. When we sup- have access to sources. And, it does not The Court reasoned that just as port the development of free and inde- have a shield if a reporter is a witness newspapers and journalists are subject pendent press organizations worldwide, to some criminal incident. to the same laws and restrictions as it is important to maintain these In recent months, there has been a other citizens, they are also subject to ideals at home. growing consensus that we need to es- the same duty to provide information In conclusion, I thank, again, my col- tablish a Federal journalists’ privilege to a court as other citizens. However, leagues, Senator SPECTER, the distin- to protect the integrity of the Justice Powell, who joined the 5–4 ma- guished chairman of the Judiciary newsgathering process—a process that jority, wrote a separate concurrence in Committee, and Senator DODD for their depends on the free flow of information which he explained that the Court’s tireless work on this issue. With their between journalists and whistle- holding was not an invitation for the assistance, I look forward to working blowers, as well as other confidential government to harass journalists. If a with each of my colleagues to ensure sources. I do not reach this conclusion journalist could show that the grand that the free flow of information is lightly. The Judiciary Committee held jury investigation was being conducted unimpeded. two separate hearings in which it heard in bad faith, the journalist could ask The PRESIDING OFFICER. The Sen- from sixteen witnesses. Included in this the court to quash the subpoena. Jus- ator from Pennsylvania. number were seven journalists, six at- tice Powell indicated that courts might Mr. SPECTER. Mr. President, I am torneys, including current or former assess such claims on a case-by-case pleased to join with Senator LUGAR, prosecutors and some of the Nation’s basis by balancing the freedom of the the principal sponsor, and Senators most distinguished experts on the first press against the obligation to give tes- DODD, GRAHAM, and SCHUMER on the in- amendment. timony relevant to criminal conduct. troduction of legislation which will These witnesses demonstrated that In attempting to apply Justice Pow- codify a reporter’s privilege, something there are two vital, competing con- ell’s concurring opinion, Federal courts that is very necessary. The matter cerns at stake. On one hand, reporters have split on the question of when a came into sharp focus recently with cite the need to maintain confiden- journalist is required to testify. In the the contempt citation and the incar- tiality in order to ensure that sources 33 years since Branzburg, the Federal ceration of New York Times reporter, will speak openly and freely with the courts are split in at least three ways Judith Miller, for some 85 days. The news media. The renowned William in their approaches to Federal criminal Judiciary Committee held two hearings Safire, former columnist for the New and civil cases. on this subject. Senator LUGAR, with York Times, testified that ‘‘the essence With respect to Federal criminal Congressman PENCE in the House, in- of news gathering is this: if you don’t cases, five circuits—the first, fourth, troduced legislation which has formed have sources you trust and who trust fifth, sixth, and seventh circuits—have

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Four high profile—those cases that seem to tion and help create a fair and efficient other circuits—the second, third, carry the greatest risk of an over- means to serve journalists and the ninth, and eleventh circuits—recognize zealous prosecutor needlessly sub- news media, prosecutors and the a qualified privilege, which requires poenaing journalists. courts, and most importantly the pub- courts to balance the freedom of the Second, the Department regulations lic interest on both ends of the spec- press against the obligation to provide are presently enforced by the Attorney trum. testimony on a case-by-case basis. The General, not a neutral court of law. I ask unanimous consent to print the law in the District of Columbia Circuit This places the Attorney General in a list of organizations and companies is unsettled. difficult position; namely, the primary that support the legislation in the With respect to Federal civil cases, check on Federal prosecutors’ ability RECORD. nine of the twelve circuits apply a bal- to subpoena journalists is the nation’s There being no objection, the mate- ancing test when deciding whether highest Federal prosecutor. Most rial was ordered to be printed in the journalists must disclose confidential Americans, I believe, would feel more RECORD, as follows: sources. One circuit affords journalists comfortable having the competing in- ORGANIZATIONS/COMPANIES SUPPORTING no privilege in any context. Two other terests weighed by a neutral judge in- ‘‘FREE FLOW OF INFORMATION ACT OF 2006’’ circuits have yet to decide whether stead of a political appointee who an- ABC Inc.; Advance Publications, Inc.; journalists have any privilege in civil swers to the President. Accordingly, American Business Media; American Society of Newspaper Editors; Associated Press; As- cases. Meanwhile, 49 States plus the this bill, in large part, codifies the De- sociation of American Publishers, Inc.; Asso- District of Columbia have recognized a partment of Justice’s regulations into ciation of Capitol Reporters and Editors; privilege within their own jurisdic- law; applies them to all Federal pros- Belo Corp.; CBS; CNN; Coalition of Journal- tions. Thirty-one States plus the Dis- ecutors, including special prosecutors; ists for Open Government; The Copley Press, trict of Columbia have passed some and provides that the courts, not a po- Inc., Court TV; Cox Enterprises, Inc.; Free- form of reporter’s shield statute, and 18 litical official, shall decide whether the dom Communication, Inc.; Gannett Co., Inc.; States have recognized a privilege at public’s need for information out- The Hearst Corporation; Magazine Pub- lishers of America; The McClatchy Company; common law. weighs the interest in allowing a jour- The McGraw-Hill Companies. There is little wonder that there is a nalist to protect a confidential source. Media Law Resources Center; National growing consensus concerning the need The Free Flow of Information Act ad- Newspaper Association; Nation Press Pho- for a uniform journalists’ privilege in dresses two additional areas of consid- tographers Association; National Public Federal courts. This system must be erable confusion and concern. First, it Radio; NBC Universal; News Corporation; simplified. addresses the situation of a criminal Newspaper Association of America; News- Today, we are taking the first step to defendant who subpoenas a journalist. week; The New York Times Company; Radio- resolving this problem by introducing To ensure that every criminal defend- Television News Directors Association; Raycom Media, Inc.; The Reporters Com- the Free Flow of Information Act. This ant has a fair trial, a criminal defend- mittee for Freedom of the Press; E. W. bill draws upon 33 years of experience, ant has less of a burden than a pros- Scripps; Society of Professional Journalists; as embodied in the Department of Jus- ecutor does, to show that the journal- Time Inc.; Time Warner; Tribune Company; tice’s regulations, the law established ist’s privilege should be waived. This is The Washington Post; White House Cor- by the Federal courts of appeals, State consistent with our long standing be- respondents’ Association. statutes, and existing national security lief as a nation that a criminal defend- The PRESIDING OFFICER. The Sen- provisions. The purpose of this bill is ant must be given ample opportunity ator from Connecticut. to guarantee the flow of information to to defend himself. Mr. DODD. Mr. President, let me ex- the public through a free and active Second, it addresses private civil liti- press my gratitude to my colleague press, while protecting the public’s gation. This bill provides that before a from Indiana, Senator LUGAR, and his right to effective law enforcement and private party may subpoena a jour- colleague from Indiana, Congressman individuals’ rights to the fair adminis- nalist in a civil suit, the court must PENCE, and his colleague, Congressman tration of justice. find that the party is not trying to har- BOUCHER of Virginia, who are drafting This bill provides ample protection ass or punish the journalist, and that similar legislation and propose similar for the Nation’s journalists, as dem- the public interest requires disclosure. legislation in the other body and, of onstrated by the fact that it has been Again, this should help clarify the ex- course, Senator SPECTER, the chairman endorsed by 39 news organizations iden- isting law in federal courts. of the Judiciary Committee, my col- tified in a list I will include at the end Finally, the Free Flow of Informa- league from New York, Senator SCHU- of my remarks. tion Act adds layers of safeguards for MER, and the Presiding Officer for their This bill also provides ample protec- the public. Reporters are not allowed work on pulling together this bill tion to the public’s interest in law en- to withhold information if a federal which is a very sound proposal. As the forcement and fair trials. In drafting court concludes that the information is Senator from Pennsylvania has ex- this legislation, we started with what important to the defense of our Na- plained, it deals with an issue that works. Both the Department of Justice tion’s security or is needed to prevent many were concerned about, and that and the vast majority of journalists or stop a crime that could lead to is the national security question. with whom we have met—in individual death or physical injury. Also, the bill The point I would like to make is meetings and over the course of two ensures that both crime victims and that while this is about journalists and hearings—have generally voiced strong criminal defendants will have a fair the collection of information and re- support for the regulations that the hearing in court. Under this bill, a vealing stories that might otherwise Department of Justice currently ap- journalist who is an eyewitness to a not be told, the real winners of this plies to all of its prosecutors. More- crime or takes part in a crime may not proposal are not journalists or news over, time has proven that these regu- withhold that information. Journalists media outlets, television stations, or lations are workable. The Department should not be permitted to hide from the like. The real winners are the peo- of Justice has been effectively pros- the law by writing a story and then ple we represent, our constituents, and ecuting cases under these regulations claiming a reporter’s privilege. the consumers of information. This is for 25 years and a majority of State It is time to simplify the patchwork most important for them. It is really prosecutors carry out their duties of court decisions and legislation that not that significant. If it were only under similar statutes. has grown over the last three decades. about journalists, frankly, we might I have two concerns with the Depart- It is time for Congress to clear up the have second questions about it. ment’s regulations, however. First, ambiguities journalists and the Federal Jefferson, of course, said it better under current law, these regulations do judicial system face in balancing the than anyone many years ago when he not apply to special prosecutors. Spe- protections journalists need in pro- said if he had to choose between a free cial prosecutors are often called upon viding confidential information to the country and a free press, he would se- in cases that are politically sensitive, public with the ability of the courts to lect the latter. Madison, on the same

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But we also have to have Popular government without popular infor- are threatened, as well. some respect for the fact that there are mation or the means of acquiring it is but a Again, I thank Senator SPECTER for certain things that should not be made prologue to a farce, or tragedy, or perhaps working out this compromise, and I public by statute in open debate. both. emphasize that the issue of national se- As I said, this legislation cuts the Today, that fundamental principle— curity, which was a very legitimate Gordian knot. It protects those mat- that a well-informed citizenry is the concern, has been handled by this pro- ters that should not be made public cornerstone of self-government—is at posal. The underlying issue is the right and doesn’t put them under the shield risk in a manner in which it has not of citizens to have access to important of law but strengthens the protections been at risk previously. information that might otherwise for whistleblowers and others who In the past year alone, some two never become available were it not for might want to expose Government dozen reporters have been subpoenaed the ability to have confidential sources wrongdoing when there is no other way or questioned about their confidential share that information and the ability to expose it. sources. Most of theme face fines or of these journalists to protect the con- This is a large step forward. It is leg- prison time. Seven have already been fidentiality of those sources. Thirty- islation I am proud to cosponsor. I am held in contempt. One has been jailed. nine States have provisions dealing very glad that the deadlock has been Another was found guilty of criminal with the shield law. I think 10 States broken by this thoughtful legislation, contempt for refusing to reveal a con- have regulations regarding the same which I now believe will garner enough fidential source and served 6 months matter. support to become law. Whereas, the under house arrest. Why? Because they I think it is long overdue that the previous legislation, as sweeping as it received information from confidential Federal Government have a similar was, would not. sources and pledged to protect the con- piece of legislation to protect the kind I compliment my colleagues from In- fidentiality of those sources. In other of information we seek. I commend my diana, Connecticut, Pennsylvania, and words, they have committed the ‘‘of- colleagues for their efforts in this re- South Carolina, with whom I join as fense’’ of being journalists. gard. I am happy to join them. lead cosponsors because it is going to These actions by our Government Mr. SESSIONS. Mr. President, I say make our country a better place. against journalists are having a pro- with regard to what has just taken By Mr. KOHL (for himself and found impact on news gathering. For place, these are complex areas, and we Mr. DEWINE): example, in testimony last summer be- need to be careful about protecting our S. 2854. A bill to prevent anti-com- fore the Senate Judiciary Committee, free speech rights. Nobody denies that. petitive mergers and acquisitions in Norman Pearlstine, the editor in chief But you have to be careful, too. I was the oil and gas industry; to the Com- of Time, Inc., said this about the fall- thinking that if a spy comes into our mittee on the Judiciary. out from the Justice Department’s ef- country and gets secure information Mr. KOHL. Mr. President, I rise forts to obtain confidential informa- and gives it to our enemy, we put him today to introduce the Oil Industry tion from a Time reporter: in jail, and they can be convicted, I Merger Antitrust Enforcement Act. Valuable sources have insisted that they guess, of treason. If a reporter gets in- This legislation will significantly no longer trusted the magazine and that formation and publishes it to our en- strengthen the antitrust laws to pre- they would no longer cooperate on stories. emies and to the whole world, they get vent anticompetitive mergers and ac- The chilling effect is obvious. the Pulitzer prize. quisitions in oil and gas industry. Confidential evidence may be just I think we have to be careful about We have all seen the suffering felt by the tip of the iceberg. We have no way how we word this. I am sure we will consumers and our national economy of knowing for certain the number of come up with a pretty good solution. resulting from rising energy prices. journalists who have been ordered or Mr. SPECTER. Mr. President, I ask Gasoline prices have now shattered the requested to reveal confidential unanimous consent that Senator SCHU- once unthinkable $3.00 a gallon level, sources. We can only speculate as to MER be recognized for 4 minutes to have doubled in the last 5 years, and how many editors and publishers put speak on the Lugar-Specter-Dodd bill. increased more than 30 percent in the the brakes on a story for fear that it The PRESIDING OFFICER. The Sen- last year alone. And prices for other could land one of their reporters in a ator from New York is recognized. crucial energy products—such as nat- spider web spun by the Federal pros- Mr. SCHUMER. Mr. President, I join ural gas and home heating oil—have ecutors that could include prison. If as a cosponsor of the bill just intro- undergone similar sharp increases. citizens with knowledge of wrongdoing duced because I think it really cuts the Industry experts debate the causes of could not or would not come forward to Gordian knot. There has been a dead- these extraordinarily high prices. Pos- share what they know in confidence lock on improving the shield law for sible culprits are growing worldwide with members of the press, serious the very reason that not all disclosures demand, supply disruptions, the ac- journalism would cease to exist, in my by Government officials to members of tions of the OPEC oil cartel and limits view. Serious wrongs would remain un- the press are equal. We certainly want on refinery capacity in the United exposed. The scandals known as Water- to protect a whistleblower. We cer- States. But about one thing there can gate, the Enron failure, the Abu Ghraib tainly want a person, if they work at be no doubt—the substantial rise in prison photos—none of these would the FDA and see that tests are being concentration and consolidation in the have been known to the public but for short-circuited and they go to higher- oil industry. Since 1990, the Govern- good journalists doing their work. ups and get nowhere, to be able to go ment Accountability Office has count- That scenario is no longer purely hy- to the press and expose it. It is a far ed over 2,600 mergers, acquisitions and pothetical. It is, in some respects, al- different matter when something is joint ventures in the oil industry. Led ready a reality. When journalists are prohibited by statute from being made by gigantic mergers such as Exxon/ hauled into court by prosecutors and public, such as with grand jury min- Mobil, BP/Arco, Conoco/Phillips and threatened with fines and imprison- utes. Frankly, that dealt with the Chevron/Texaco, by 2004, the five larg- ment if they don’t divulge the sources Plame case. In both cases making that est U.S. oil refining companies con- of their information, we are entering a information public was a violation of trolled over 56 percent of domestic re- dangerous territory for a democracy. law. There was a public policy against fining capacity, a greater market share That is when not only journalists, but disclosure, which there is not in the than that controlled by the top 10 com- ordinary citizens, will fear prosecution typical whistleblower case. panies a decade earlier. simply for exposing wrongdoing. When I believe the reason that the legisla- This merger wave has led to substan- that happens, the information our citi- tion my colleagues from Indiana and tially less competition in the oil indus- zens need to remain sovereign will be Connecticut put in didn’t get as much try. In 2004, the GAO concluded that degraded, making it more and more support is that it failed to distinguish these mergers have directly caused in- difficult to hold accountable those in that difference. We need to protect the creases in the price of gasoline. A

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And the grossly inflated scrutiny, conditions that do not occur ated. profit numbers of the major oil compa- in other industries, and the Merger As ranking member on the Senate nies—led by Exxon Mobil’s $8.4 billion Guidelines should reflect these condi- Antitrust Subcommittee, I believe that profit in the first quarter of 2006, which tions. In most industries, when demand this bill is a crucial step to ending this followed its $36 billion profit in 2005, rises and existing producers earn ever- unprecedented move towards industry the highest corporate profits ever increasing profits, new producers enter concentration and to begin to restore achieved in U.S. history, are conclusive the market and new supply expands, competitive balance to the oil and gas evidence—if any more was needed—of reducing the pressure on price. How- industry. Since the days of the break- the lack of competition in the U.S. oil ever, in the oil industry, there are se- up of the Standard Oil trust 100 years industry. While it is true that the vere limitations on supply and environ- ago, antitrust enforcement has been es- world price of crude oil has substan- mental and regulatory difficulty in sential to prevent undue concentration tially increased, the fact that the oil opening new refineries, so this normal in this industry. This bill is an essen- companies can so easily pass along all market mechanism cannot work. Addi- tial step to ensure that our antitrust of these price increases to consumers of tionally, in most industries, consumers laws are sufficiently strong to ensure a gasoline and other refined products— shift to alternative products in the face competitive oil industry in the 21st and greatly compound their profits of sharp price increases, leading to a century. I urge my colleagues to sup- along the way—confirms that that reduction in demand and a cor- port the Oil Industry Merger Antitrust there is a failure of competition in our responding reduction in the pressure to Enforcement Act. oil and gas markets. increase prices. But for such an essen- I ask unanimous consent that the More than 90 years ago, one of our tial commodity as gasoline, consumers text of the bill be printed in the Nation’s basic antitrust laws—the have no such option—they must con- RECORD. Clayton Act—was written to prevent tinue to consume gasoline to get to There being no objection, the text of just such industry concentration harm- work, to go to school, and to shop. the bill was ordered to be printed in ing competition. It makes illegal any These factors all mean that antitrust the RECORD, as follows: merger or acquisition the effect of enforcers should be especially cautious S. 2854 which ‘‘may be substantially to lessen about permitting increases in con- Be it enacted by the Senate and House of Rep- competition.’’ Despite the plain com- centration in the oil industry. resentatives of the United States of America in mand of this law, the Federal Trade Accordingly, our bill directs the FTC Congress assembled, Commission—the Federal agency with and Justice Department to revise its SECTION 1. SHORT TITLE. responsibility for enforcing antitrust Merger Guidelines to take into account This Act may be cited as the ‘‘Oil Industry law in the oil and gas industry—has the special conditions prevailing in the Merger Antitrust Enforcement Act’’. failed to take any effective action to oil industry—including the high inelas- SEC. 2. STATEMENT OF FINDINGS AND DECLARA- prevent undue concentration in this in- ticity of demand for oil and petroleum- TIONS OF PURPOSES. dustry. Instead, it permitted almost all related products; the ease of gaining (a) FINDINGS.—Congress finds the fol- of these 2,600 oil mergers and acquisi- market power; supply and refining ca- lowing: (1) American consumers are suffering from tions to proceed without challenge. pacity limits; difficulties of market excessively high prices for gasoline, natural And where the FTC has ordered entry; and unique regulatory require- gas, heating oil, and other energy products. divestitures, they have been wholly in- ments applying to the oil industry. (2) These excessively high energy prices effective to restore competition. Con- This revision of the Merger Guidelines have been caused, at least in substantial sumers have been at the mercy of an must be completed within 6 months of part, by undue concentration among compa- increasingly powerful oligopoly of a enactment of this legislation. nies involved in the production, refining, dis- few giant oil companies, passing along The second manner in which this leg- tribution, and retail sale of oil, gasoline, price increases without remorse as the islation will strengthen antitrust en- natural gas, heating oil, and other petro- forcement will be to shift the burden of leum-related products. market becomes increasingly con- (3) There has been a sharp consolidation centrated and competition diminishes. proof in Clayton Act challenges to oil caused by mergers and acquisitions among It is past time for us in Congress to industry mergers and acquisitions. In oil companies over the last decade, and the take action to strengthen our antitrust such cases, the burden will be placed on antitrust enforcement agencies (the Federal law so that it will, as intended, stand the merging parties to establish, by a Trade Commission and the Department of as a bulwark to protect consumers and preponderance of evidence, that their Justice Antitrust Division) have failed to prevent any further loss of competition transaction does not substantially less- employ the antitrust laws to prevent this in this essential industry. en competition. This provision would consolidation, to the detriment of consumers Our bill will strengthen merger en- reverse the usual rule that the govern- and competition. This consolidation has caused substantial injury to competition and forcement under the antitrust law in ment or private plaintiff challenging has enabled the remaining oil companies to two respects. First, it will direct that the merger must prove that the trans- gain market power over the sale, refining, the FTC, in conjunction with the Jus- action harms competition. As the par- and distribution of petroleum-related prod- tice Department, revise its Merger ties seeking to effect a merger with a ucts. Guidelines to take into account the competitor in an already concentrated (4) The demand for oil, gasoline, and other special conditions prevailing in the oil industry, and possessing all the rel- petroleum-based products is highly inelastic industry. In reviewing a pending merg- evant data regarding the transaction, so that oil companies can easily utilize mar- er or acquisition to determine whether it is entirely appropriate that the ket power to raise prices. (5) Maintaining competitive markets for to approve it or take legal action to merging parties bear this burden. This oil, gasoline, natural gas, and other petro- block it, the FTC follows what are provision does not forbid all mergers in leum-related products is in the highest na- known as ‘‘Merger Guidelines.’’ The the oil industry if the merging parties tional interest. Merger Guidelines set forth the factors can establish that their merger does (b) PURPOSES.—The purposes of this Act that the agency must examine to de- not substantially harm competition, it are to— termine if a merger or acquisition may proceed. However, shifting the (1) ensure vigorous enforcement of the lessens competition, and sets forth the burden of proof in this manner will un- antitrust laws in the oil industry; legal tests the FTC is to follow in de- doubtedly make it more difficult for oil (2) restore competition to the oil industry and to the production, refining, distribution, ciding whether to approve or challenge mergers and acquisition to survive and marketing of gasoline and other petro- a merger. As presently written, the court challenge, thereby enhancing the leum-related products; and Merger Guidelines fail to direct the law’s ability to block truly anti- (3) prevent the accumulation and exercise FTC, when reviewing an oil industry competitive transactions and deterring of market power by oil companies.

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G18MY6.068 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4805 SEC. 3. BURDEN OF PROOF. (1) OIL INDUSTRY.—The term ‘‘oil industry’’ right thing and eliminated the use of Section 7 of the Clayton Act (15 U.S.C. 18) means companies and persons involved in the these dangerous, gaseous chemicals. is amended by adding at the end the fol- production, refining, distribution, or mar- The bottom line is that if we can lowing: keting of oil or petroleum-based products. eliminate a known risk, we should. The ‘‘In any civil action brought against any (2) PETROLEUM-BASED PRODUCT.—The term legislation I am introducing today will person for violating this section in which the ‘‘petroleum-based product’’ means gasoline, plaintiff— diesel fuel, jet fuel, home heating oil, nat- do just that. It will require the Admin- ‘‘(1) alleges that the effect of a merger, ac- ural gas, or other products derived from the istrator of the Environmental Protec- quisition, or other transaction affecting refining of oil or petroleum. tion Agency, in consultation with the commerce may be to substantially lessen Secretary of Homeland Security, to do competition, or to tend to create a monop- By Mr. BIDEN (for himself and a few simple things. First, water facili- oly, in the business of exploring for, pro- Mr. JEFFORDS): ties will be prioritized based upon the ducing, refining, or otherwise processing, S. 2855. A bill to amend the Safe risk that they pose to citizens and crit- storing, marketing, selling, or otherwise Drinking Water Act to eliminate secu- ical infrastructure. These facilities— making available petroleum, oil, or natural rity risks by replacing the use of ex- gas, or products derived from petroleum, oil, beginning with the most dangerous or natural gas; and tremely hazardous gaseous chemicals ones—will be required to submit a re- ‘‘(2) establishes that a merger, acquisition, with inherently safer technologies; to port on the feasibility of utilizing safer or transaction is between or involves persons the Committee on Environment and technologies and the anticipated costs competing in the business of exploring for, Public Works. to transition. If grant funding is avail- producing, refining, or otherwise processing, Mr. BIDEN. Mr. President, I rise able, the Administrator will issue a storing, marketing, selling, or otherwise today to introduce the Community grant and order the facility to transi- making available petroleum, oil, or natural Water Treatment Hazards Reduction tion to the safer technology chosen by gas, or products derived from petroleum, oil, Act of 2006. This legislation would com- or natural gas; the owner of the facility. I believe that pletely eliminate a known security this approach will allow us to use Fed- the burden of proof shall be on the defendant risk to millions of Americans across or defendants to establish by a preponder- eral funds responsibly while reducing ance of the evidence that the merger, acqui- the United States by facilitating the risk to our citizens. sition, or transaction at issue will not sub- transfer to safer technologies from Once the transition is complete, the stantially lessen competition or tend to cre- deadly toxic chemicals at our Nation’s facility will be required to track all ate a monopoly.’’. water treatment facilities. cost-savings related to the switch, such SEC. 4. ENSURING FULL AND FREE COMPETI- Across our Nation, there are thou- as decreased security costs, costs sav- TION. sands of water treatment facilities that ing by eliminating administrative re- (a) REVIEW.—The Federal Trade Commis- utilize gaseous toxic chemicals to treat quirements under the EPA risk man- sion and the Antitrust Division of the De- drinking and wastewater. Approxi- agement plan, lower insurance pre- partment of Justice shall jointly review and mately 2,850 facilities are currently revise all enforcement guidelines and poli- miums, and others. If savings are ulti- cies, including the Horizontal Merger Guide- regulated under the Clean Air Act be- mately realized by the facility, it will lines issued April 2, 1992 and revised April 8, cause they store large quantities of be required to return one half of these 1997, and the Non-Horizontal Merger Guide- these dangerous chemicals. In fact, 98 savings, not to exceed the grant lines issued June 14, 1984, and modify those of these facilities threaten over 100,000 amount, back to the EPA. In turn, the guidelines in order to— citizens. For example, the Fiveash EPA will utilize any returned savings (1) specifically address mergers and acqui- Water Treatment Plant in Fort Lau- to help facilitate the transition of sitions in oil companies and among compa- derdale, FL, threatens 1,526,000 citi- more water facilities. nies involved in the production, refining, dis- zens. The Bachman Water Treatment tribution, or marketing of oil, gasoline, nat- A 2005 report by the Government Ac- ural gas, heating oil, or other petroleum-re- in Dallas, TX, threatens up to 2 million countability Office found that pro- lated products; and citizens. And there are similar exam- viding grants to assist water facilities (2) ensure that the application of these ples in communities throughout the to transition to safer technologies was guidelines will prevent any merger and ac- Nation. If these facilities—and the 95 an appropriate use of Federal funds. quisition in the oil industry, when the effect other facilities that threaten over The costs for an individual facility to of such a merger or acquisition may be to 100,000 citizens—switched from the use transition will vary, but the cost is substantially lessen competition, or to tend of toxic chemicals to safer technologies very cheap when you consider the secu- to create a monopoly, and reflect the special that are widely used within the indus- conditions prevailing in the oil industry de- rity benefits. For example, the Wil- scribed in subsection (b). try we could completely eliminate a mington facility invested approxi- (b) SPECIAL CONDITIONS.—The guidelines known threat to nearly 50 million mately $160,000 to transition and elimi- described in subsection (a) shall be revised to Americans. nated the risk to nearly 600,000 people. take into account the special conditions pre- Many facilities have already made Similarly, the Blue Plains facility vailing in the oil industry, including— the prudent decision to switch without spent $500,000 to transition after 9–11 (1) the high inelasticity of demand for oil intervention by the government. The and eliminated the risk to 1.2 million and petroleum-related products; Middlesex County Utilities Authority citizens immediately. This, in my view, (2) the ease of gaining market power in the in Sayreville, NJ, switched to safer oil industry; is a sound use of funds. And, this legis- (3) supply and refining capacity limits in technologies and eliminated the risk to lation will provide sufficient funding to the oil industry; 10.7 million people. The Nottingham transition all of our high-priority fa- (4) difficulties of market entry in the oil Water Treatment Plant in Cleveland, cilities throughout Nation. industry; and OH, switched and eliminated the risk Finally, I would like to point out (5) unique regulatory requirements apply- to 1.1 million citizens. The Blue Plains that facilities making the decision to ing to the oil industry. Wastewater Treatment Plant switched transition after 9–11, but before the en- (c) COMPETITION.—The review and revision and eliminated the risk to 1.7 million actment date of this legislation will be of the enforcement guidelines required by people. In my hometown of Wil- this section shall be completed not later eligible to participate in the program than 6 months after the date of enactment of mington, DE, the Wilmington Water authorized by this legislation. I have this Act. Pollution Control Facility switched included this provision because I be- (d) REPORT.—Not later than 6 months after from using chlorine gas to liquid lieve that the Federal Government the date of enactment of this Act, the Fed- bleach. This commendable decision has should acknowledge—and promote— eral Trade Commission and the Antitrust Di- eliminated the risk to 560,000 citizens, local decisions that enhance our home- vision of the Department of Justice shall including the entire city of Wil- land security. In addition, we don’t jointly report to the Committee on the Judi- mington. In fact, this facility no longer want to create a situation where water ciary of the Senate and the Committee on the Judiciary of the House of Representa- has to submit risk management plans facilities wait for Federal funding, be- tives regarding the review and revision of to the Environmental Protection Agen- fore doing the right thing and elimi- the enforcement guidelines mandated by this cy required by the Clean Air Act be- nating those dangerous gaseous chemi- section. cause the threat has been completely cals. SEC. 5. DEFINITIONS. eliminated. There are many other ex- Last December the 9–11 Discourse In this Act: amples of facilities that have done the Project released its report card for the

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.063 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4806 CONGRESSIONAL RECORD — SENATE May 18, 2006 administration and Congress on efforts sufficient quantity, would have a high likeli- ‘‘(I) TIER 1 FACILITIES.—A Tier 1 high-con- to implement the 9–11 Commission rec- hood of causing casualties and economic sequence water facility shall have a vulner- ommendations. It was replete with D’s damage if released or otherwise successfully ability zone that covers more than 100,000 in- and F’s demonstrating that we have targeted by a harmful intentional act, as de- dividuals and shall be given the highest pri- termined by the Administrator, in consulta- ority by the Administrator. been going in the wrong direction with tion with the Secretary. ‘‘(II) TIER 2 FACILITIES.—A Tier 2 high-con- respect to homeland security. One of ‘‘(B) INCLUSIONS.—The term ‘substance of sequence water facility shall have a vulner- the most troubling findings made by concern’ includes— ability zone that covers more than 25,000, but the 9–11 Commission is that with re- ‘‘(i) any substance included in Table 1 or 2 not more than 100,000, individuals and shall spect to our Nation’s critical infra- contained in section 68.130 of title 40, Code of be given the second-highest priority by the structure that ‘‘no risk and vulner- Federal Regulations (or a successor regula- Administrator. ability assessments actually made; no tion), published in accordance with section ‘‘(III) TIER 3 FACILITIES.—A Tier 3 high-con- sequence water facility shall have a vulner- national priorities established; no rec- 112(r)(3) of the Clean Air Act (42 U.S.C. 7412(r)(3)); and ability zone that covers more than 10,000, but ommendations made on allocations of ‘‘(ii) any other highly hazardous gaseous not more than 25,000, individuals and shall be scarce resources. All key decisions are toxic material or substance that, if trans- given the third-highest priority by the Ad- at least a year away. It is time that we ported or stored in a sufficient quantity, ministrator. stop talking about priorities and actu- could cause casualties or economic damage if ‘‘(ii) MANDATORY DESIGNATION.—If the vul- ally set some.’’ While much remains to released or otherwise successfully targeted nerability zone for a substance of concern at be done, the Community Water Treat- by a harmful intentional act, as determined a water facility contains more than 10,000 in- by the Administrator, in consultation with dividuals, the water facility shall be— ment Hazards Reduction Act of 2006 ‘‘(I) considered to be a high-consequence sets an important priority for our the Secretary. ‘‘(5) TREATMENT WORKS.—The term ‘treat- water facility; and homeland security and it affirmatively ment works’ has the meaning given the term ‘‘(II) classified by the Administrator to an addresses it. I urge my colleagues to in section 212 of the Federal Water Pollution appropriate tier under clause (i). support this important legislation. Control Act (33 U.S.C. 1292). ‘‘(iii) DISCRETIONARY CLASSIFICATION.—A I ask unanimous consent that the ‘‘(6) VULNERABILITY ZONE.—The term ‘vul- water facility with a vulnerability zone that text of the bill be printed in the nerability zone’ means, with respect to a covers 10,000 or fewer individuals may be des- ignated as a high consequence facility, on RECORD. substance of concern, the geographic area that would be affected by a worst-case re- the request of the owner or operator of a There being no objection, the text of water facility, and classified into a tier de- the bill was ordered to be printed in lease of the substance of concern, as deter- mined by the Administrator on the basis of— scribed in clause (i), at the discretion of the the RECORD, as follows: ‘‘(A) an assessment that includes the infor- Administrator. S. 2855 mation described in section 112(r)(7)(B)(ii)(I) ‘‘(iv) RECLASSIFICATION.—The Adminis- Be it enacted by the Senate and House of Rep- of the Clean Air Act (42 U.S.C. trator— ‘‘(I) may reclassify a high-consequence resentatives of the United States of America in 7412(r)(7)(B)(ii)(I)); or water facility into a tier with higher pri- Congress assembled, ‘‘(B) such other assessment or criteria as ority, as described in clause (i), based on an the Administrator determines to be appro- SECTION 1. SHORT TITLE. increase of population covered by the vulner- priate. This Act may be cited as the ‘‘Community ability zone or any other appropriate factor, ‘‘(7) WATER FACILITY.—The term ‘water fa- Water Treatment Hazards Reduction Act of as determined by the Administrator; but cility’ means a treatment works or public 2006’’. ‘‘(II) may not reclassify a high-con- water system owned or operated by any per- SEC. 2. USE OF INHERENTLY SAFER TECH- sequence water facility into a tier with a son. NOLOGIES AT WATER FACILITIES. lower priority, as described in clause (i), for Part F of the Safe Drinking Water Act (42 ‘‘(b) REGULATIONS.— any reason. U.S.C. 300j–21 et seq.) is amended by adding ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(3) OPTIONS FEASIBILITY ASSESSMENT ON at the end the following: after the date of enactment of this section, USE OF INHERENTLY SAFER TECHNOLOGY.— ‘‘SEC. 1466. USE OF INHERENTLY SAFER TECH- the Administrator, in consultation with the ‘‘(A) IN GENERAL.—Not later than 90 days NOLOGIES AT WATER FACILITIES. Secretary and other Federal, State, and local after the date on which the owner or oper- ‘‘(a) DEFINITIONS.—In this section: governmental entities, security experts, ator of a high-consequence water facility re- ‘‘(1) HARMFUL INTENTIONAL ACT.—The term owners and operators of water facilities, and ceives notice under paragraph (1)(B), the ‘harmful intentional act’ means a terrorist other interested persons shall— owner or operator shall submit to the Ad- attack or other intentional act carried out ‘‘(A) compile a list of all high-consequence ministrator an options feasibility assess- upon a water facility that is intended— water facilities, as determined in accordance ment that describes— ‘‘(A) to substantially disrupt the ability of with paragraph (2); and ‘‘(i) an estimate of the costs that would be the water facility to provide safe and reli- ‘‘(B) notify each owner and operator of a directly incurred by the high-consequence able— water facility that is included on the list. water facility in transitioning from the use ‘‘(i) conveyance and treatment of waste- ‘‘(2) IDENTIFICATION OF HIGH-CONSEQUENCE of the current technology used for 1 or more water or drinking water; WATER FACILITIES.— substances of concern to inherently safer ‘‘(ii) disposal of effluent; or ‘‘(A) IN GENERAL.—Subject to subparagraph technologies; and ‘‘(iii) storage of a potentially hazardous (B), in determining whether a water facility ‘‘(ii) comparisons of the costs and benefits chemical used to treat wastewater or drink- is a high-consequence water facility, the Ad- to transitioning between different inherently ing water; ministrator shall consider— safer technologies, including the use of— ‘‘(B) to damage critical infrastructure; ‘‘(i) the number of people located in the ‘‘(I) sodium hypochlorite; ‘‘(C) to have an adverse effect on the envi- vulnerability zone of each substance of con- ‘‘(II) ultraviolet light; ronment; or cern that could be released at the water fa- ‘‘(III) other inherently safer technologies ‘‘(D) to otherwise pose a significant threat cility; that are in use within the applicable indus- to public health or safety. ‘‘(ii) the critical infrastructure (such as try; or ‘‘(2) INHERENTLY SAFER TECHNOLOGY.—The health care, governmental, or industrial fa- ‘‘(IV) any combination of the technologies term ‘inherently safer technology’ means a cilities or centers) served by the water facil- described in subclauses (I) through (III). technology, product, raw material, or prac- ity; ‘‘(B) CONSIDERATIONS IN DETERMINING ESTI- tice the use of which, as compared to the ‘‘(iii) any use by the water facility of large MATED COSTS.—In estimating the transition current use of technologies, products, raw quantities of 1 or more substances of con- costs described in subparagraph (A)(i), an materials, or practices, significantly reduces cern; and owner or operator of a high-consequence or eliminates— ‘‘(iv) the quantity and volume of annual water facility shall consider— ‘‘(A) the possibility of release of a sub- shipments of substances of concern to or ‘‘(i) the costs of capital upgrades to transi- stance of concern; and from the water facility. tion to the use of inherently safer tech- ‘‘(B) the hazards to public health and safe- ‘‘(B) TIERS OF FACILITIES.— nologies; ty and the environment associated with the ‘‘(i) IN GENERAL.—Except as provided in ‘‘(ii) anticipated increases in operating release or potential release of a substance of clauses (ii) through (iv), the Administrator costs of the high-consequence water facility; concern. shall classify high-consequence water facili- ‘‘(iii) offsets that may be available to re- ‘‘(3) SECRETARY.—The term ‘Secretary’ ties designated under this paragraph into 3 duce or eliminate the transition costs, such means the Secretary of Homeland Security tiers, and give priority to orders issued for, as the savings that may be achieved by— (or a designee). actions taken by, and other matters relating ‘‘(I) eliminating security needs (such as ‘‘(4) SUBSTANCE OF CONCERN.— to the security of, high-consequence water personnel and fencing); ‘‘(A) IN GENERAL.—The term ‘substance of facilities based on the tier classification of ‘‘(II) complying with safety regulations; concern’ means any chemical, toxin, or other the high-consequence water facilities, as fol- ‘‘(III) complying with environmental regu- substance that, if transported or stored in a lows: lations and permits;

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‘‘(IV) complying with fire code require- transition of the high-consequence water fa- S. RES. 483 ments; cility to the use of 1 or more inherently safer Whereas the Surgeon General has deter- ‘‘(V) providing personal protective equip- technologies. mined that oral health is integral to general ment; ‘‘(2) APPLICATION.—A high-consequence health; ‘‘(VI) installing safety devices (such as water facility that seeks to receive a grant Whereas the Surgeon General has identi- alarms and scrubbers); under this subsection shall submit to the Ad- fied numerous oral-systemic disease connec- ‘‘(VII) purchasing and maintaining insur- ministrator an application by such date, in tions, including possible associations be- ance coverage; such form, and containing such information tween chronic oral infections and diabetes, ‘‘(VIII) conducting appropriate emergency as the Administrator shall require, including heart and lung diseases, stroke, low-birth- response and contingency planning; information relating to the transfer to inher- weight, and premature births; ‘‘(IX) conducting employee background ently safer technologies, and the proposed Whereas the burden of dental and oral checks; and date of such a transfer, described in sub- health diseases restricts activities of an indi- ‘‘(X) potential liability for personal injury section (b)(3)(B). vidual at school, at work, and at home, and and damage to property; and ‘‘(3) DEADLINE FOR TRANSITION.—An owner often significantly diminishes the quality of ‘‘(iv) the efficacy of each technology in or operator of a high-consequence water fa- life of an individual; treating or neutralizing biological or chem- cility that is subject to an order under sub- Whereas oral health diseases, including ical agents that could be introduced into a section (c)(1)(C) and that receives a grant dental caries and periodontal disease, are drinking water supply by a terrorist or act of under this subsection shall begin the transi- largely preventable; terrorism. tion to inherently safer technologies de- Whereas the effective treatment and pre- ‘‘(C) USE OF INHERENTLY SAFER TECH- scribed in paragraph (1) not later than 90 vention of those diseases are substantially NOLOGIES.— days after the date of issuance of the order aided by access to highly trained dental pri- ‘‘(i) IN GENERAL.—Subject to clause (ii), not under subsection (c)(1)(C). mary care professionals; later than 90 days after the date of submis- ‘‘(4) FACILITY UPGRADES.—An owner or op- Whereas the Academy of General Dentistry sion of the options feasibility assessment re- erator of a high-consequence water facility— was officially incorporated in 1952, with the quired under this paragraph, the owner or ‘‘(A) may complete the transition to inher- operator of a high-consequence water facil- ently safer technologies described in para- mission to serve as the premier resource for ity, in consultation with the Administrator, graph (1) within the scope of a greater facil- general dentists who are committed to im- the Secretary, the United States Chemical ity upgrade; but proving patient care through lifelong learn- Safety and Hazard Investigation Board, local ‘‘(B) shall use amounts from a grant re- ing and continuing education; officials, and other interested parties, shall ceived under this subsection only for the Whereas the Academy of General Dentistry determine which inherently safer tech- capital expenditures directly relating to the has grown to represent over 33,000 general nologies are to be used by the high-con- transition to inherently safer technologies. dentists who provide primary care, oral sequence water facility. ‘‘(5) OPERATIONAL COSTS.—An owner or op- health care services; ‘‘(ii) CONSIDERATIONS.—In making the de- erator of a high-consequence water facility Whereas the Academy of General Dentistry termination under clause (i), an owner or op- that receives a grant under this subsection encourages excellence in continuing edu- erator— may not use funds from the grant to pay or cation and professionalism through its ‘‘(I) may consider transition costs esti- offset any ongoing operational cost of the earned professional designation programs mated in the options feasibility assessment high-consequence water facility. known as ‘‘Mastership’’, ‘‘Fellowship and of the owner or operator (except that those ‘‘(6) OTHER REQUIREMENTS.—As a condition Lifelong Learning’’, and ‘‘Service Recogni- transition costs shall not be the sole basis of receiving a grant under this subsection, tion’’; and for the determination of the owner or oper- the owner or operator of a high-consequence Whereas the Academy of General Dentistry ator); water facility shall— has signed a memorandum of understanding ‘‘(II) shall consider long-term security en- ‘‘(A) upon receipt of a grant, track all cost with the Department of Health and Human hancement of the high-consequence water fa- savings resulting from the transition to in- Services to help improve the oral health sta- cility; herently safer technologies, including those tus of the citizens of the United States and ‘‘(III) shall consider comparable water fa- savings identified in subsection (b)(4)(B)(iii); achieve the objectives of the Healthy People cilities that have transitioned to inherently and 2010 initiative of the Department: Now, safer technologies; and ‘‘(B) for each fiscal year for which grant therefore, be it ‘‘(IV) shall consider the overall security funds are received, return an amount to the Resolved, That it is the sense of the Senate impact of the determination, including on Administrator equal to 50 percent of the sav- that— the production, processing, and transpor- ings achieved by the high-consequence water (1) access to oral health care services and tation of substances of concern at other fa- facility (but not to exceed the amount of the prevention of oral health care disease is cilities. grant funds received for the fiscal year) for integral to achieving and maintaining good ‘‘(c) ENFORCEMENT.— use by the Administrator in facilitating the health; and ‘‘(1) IN GENERAL.—In accordance with the future transition of other high-consequence (2) the Academy of General Dentistry and tiers and priority system established under water facilities to the use of inherently safer the members of that organization are recog- subsection (b)(2)(B), subject to paragraph (2), technologies. nized for— the Administrator— ‘‘(7) INTERIM TRANSITIONS.—A water facility (A) promoting— ‘‘(A) shall prioritize the use of inherently that transitioned to the use of 1 or more in- (i) excellence in continuing dental edu- safer technologies at high-consequence fa- herently safer technologies after September cation; and cilities listed under subsection (b)(1); 11, 2001, but before the date of enactment of (ii) high standards of training and profes- ‘‘(B) subject to the availability of grant this section, and that qualifies as a high-con- sionalism in the field of primary dental care; funds under this section, not later than 90 sequence facility under subsection (b)(2), in and days after the date on which the Adminis- accordance with any previous report sub- (B) helping to address the treatment and trator receives an options feasibility assess- mitted by the water facility under section prevention of oral health disease. ment from an owner or operator of a high- 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) f consequence water facility under subsection and as determined by the Administrator, (b)(3)(A), shall issue an order requiring the shall be eligible to receive a grant under this SENATE RESOLUTION 484—EX- high-consequence water facility to eliminate subsection. PRESSING THE SENSE OF THE the use of 1 or more substances of concern ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— and adopt 1 or more inherently safer tech- There is authorized to be appropriated to SENATE CONDEMNING THE MILI- nologies; and carry out this section $125,000,000 for each of TARY JUNTA IN BURMA FOR ITS ‘‘(C) may seek enforcement of an order fiscal years 2007 through 2011.’’. RECENT CAMPAIGN OF TERROR issued under paragraph (2) in the appropriate f AGAINST ETHNIC MINORITIES United States district court. AND CALLING ON THE UNITED SUBMITTED RESOLUTIONS ‘‘(2) DE MINIMIS USE.—Nothing in this sec- NATIONS SECURITY COUNCIL TO tion prohibits the de minimis use of a sub- ADOPT IMMEDIATELY A BINDING stance of concern as a residual disinfectant. ‘‘(d) GRANTS.— SENATE RESOLUTION 483—EX- NON-PUNITIVE RESOLUTION ON ‘‘(1) IN GENERAL.—In accordance with the PRESSING THE SENSE OF THE BURMA tiers and priority system established under SENATE REGARDING THE IMPOR- Mr. MCCONNELL (for himself, Mr. subsection (b)(2)(B), the Administrator shall TANCE OF ORAL HEALTH, AND BROWNBACK, Mrs. FEINSTEIN, Mr. provide grants to high-consequence facilities FOR OTHER PURPOSES LEAHY, Mr. LAUTENBERG, Mr. FRIST, (including high-consequence facilities sub- ject to an order issued under subsection Mr. COCHRAN submitted the fol- Mr. OBAMA, Mr. MCCAIN, Mr. (c)(1)(C) and water facilities described in lowing resolution; which was referred LIEBERMAN, and Mr. REID) submitted paragraph (6)) for use in paying capital ex- to the Committee on Health, Edu- the following resolution, which was penditures directly required to complete the cation, Labor, and Pensions: considered and agreed to:

VerDate Aug 31 2005 05:32 May 19, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.071 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4808 CONGRESSIONAL RECORD — SENATE May 18, 2006 S. RES. 484 SENATE CONCURRENT RESOLU- bill S. 2611, supra; which was ordered to lie Whereas the regime in Burma, the State TION 95—EXPRESSING THE on the table. Peace and Development Council (SPDC), re- SENSE OF CONGRESS WITH RE- SA 4071. Mr. BOND (for himself and Mr. portedly threatened to abolish the pro-de- GARD TO THE IMPORTANCE OF GREGG) submitted an amendment intended to be proposed by him to the bill S. 2611, mocracy National League for Democracy; WOMEN’S HEALTH WEEK, WHICH supra; which was ordered to lie on the table. Whereas recent reports indicate that the PROMOTES AWARENESS OF DIS- SA 4072. Mrs. CLINTON (for herself, Mr. SPDC escalated its brutal campaign against EASES THAT AFFECT WOMEN OBAMA, Mrs. BOXER, Mr. SALAZAR, and Mr. ethnic groups in November 2005; AND WHICH ENCOURAGES SCHUMER) submitted an amendment intended Whereas reports indicate that the military WOMEN TO TAKE PREVENTIVE to be proposed by her to the bill S. 2611, operation has resulted in approximately MEASURES TO ENSURE GOOD supra. 13,000 new internally displaced persons in HEALTH SA 4073. Mr. SALAZAR (for himself, Mr. Burma; DURBIN, Mr. KENNEDY, Mr. BINGAMAN, and Whereas reports estimate that approxi- Mr. FEINGOLD (for himself and Ms. Mr. REID) submitted an amendment intended mately 540,000 people are now internally dis- SNOWE) submitted the following con- to be proposed by him to the bill S. 2611, placed within Burma, the most serious inter- current resolution; which was referred supra. nal displacement crisis in Asia; to the Committee on Health, Edu- SA 4074. Mr. OBAMA (for himself, Mr. Whereas the Thailand Burma Border Con- cation, Labor, and Pensions: REID, and Mr. HARKIN) submitted an amend- sortium reports that the military junta in ment intended to be proposed by him to the S. CON. RES. 95 Burma has destroyed, relocated, or forced bill S. 2611, supra; which was ordered to lie the abandonment of approximately 2,800 vil- Whereas women of all backgrounds have on the table. lages in eastern Burma over the past 10 the power to greatly reduce their risk of SA 4075. Mrs. FEINSTEIN (for herself and common diseases through preventive meas- years; Mr. GRASSLEY) submitted an amendment in- ures such as a healthy lifestyle and frequent Whereas refugees continue to pour across tended to be proposed by her to the bill S. medical screenings; Burma’s borders; 2611, supra; which was ordered to lie on the Whereas significant disparities exist in the table. Whereas those forced to flee their homes in prevalence of disease among women of dif- SA 4076. Mr. ENSIGN (for himself, Mr. Burma are increasingly vulnerable, and the ferent backgrounds, including women with GRAHAM, and Mr. CRAIG) submitted an humanitarian situation grows more dire as disabilities, African American women, Asian/ amendment intended to be proposed by him the rainy season approaches; Pacific Islander women, Latinas, and Amer- to the bill S. 2611, supra. Whereas the United Nations Security ican Indian/Alaska Native women; SA 4077. Mr. BIDEN submitted an amend- Council was briefed on the human rights sit- Whereas since healthy habits should begin ment intended to be proposed by him to the uation in Burma for the first time ever in at a young age, and preventive care saves bill S. 2611, supra; which was ordered to lie December 2005; Federal dollars designated to health care, it on the table. Whereas United Nations Secretary-General is important to raise awareness among SA 4078. Mr. BIDEN submitted an amend- Kofi Annan and Under-Secretary-General for women and girls of key female health issues; ment intended to be proposed by him to the Political Affairs Ibrahim Gambari acknowl- Whereas National Women’s Health Week bill S. 2611, supra; which was ordered to lie edged the seriousness of the problems in begins on Mother’s Day annually and cele- on the table. Burma, and the Secretary-General’s office brates the efforts of national and community SA 4079. Mr. OBAMA (for himself, Mr. DUR- suggested the first-ever course of action on organizations working with partners and vol- BIN, Mr. REID, Mr. HARKIN, and Mr. SALAZAR) Burma at the United Nations Security Coun- unteers to improve awareness of key wom- submitted an amendment intended to be pro- cil at the December 2005 briefing; en’s health issues; and posed by him to the bill S. 2611, supra; which Whereas numerous efforts outside the Whereas in 2006, the week of May 14 was ordered to lie on the table. through May 20, is dedicated as the National United Nations Security Council to secure SA 4080. Mr. CHAMBLISS submitted an Women’s Health Week: reform in Burma, including 28 consecutive amendment intended to be proposed by him Now, therefore, be it non-binding resolutions of the United Na- to the bill S. 2611, supra; which was ordered Resolved by the Senate (the House of Rep- to lie on the table. tions General Assembly and United Nations resentatives concurring), That Congress— SA 4081. Mr. DURBIN submitted an amend- Commission on Human Rights, have failed to (1) recognizes the importance of preventing ment intended to be proposed by him to the bring about change; diseases that commonly affect women; bill S. 2611, supra; which was ordered to lie Whereas there is ample precedent in the (2) calls on the people of the United States on the table. United Nations Security Council for action to use Women’s Health Week as an oppor- SA 4082. Mr. DURBIN submitted an amend- on Burma; and tunity to learn about health issues that face ment intended to be proposed by him to the Whereas Daw Aung San Suu Kyi remains women; bill S. 2611, supra; which was ordered to lie the world’s only incarcerated Nobel Peace (3) calls on the women of the United States on the table. Prize recipient: to observe National Women’s Check-Up Day Now, therefore, be it on Monday, May 15, 2006, by receiving pre- f ventive screenings from their health care Resolved, That it is the sense of the Sen- CORRECTED TEXT OF AMENDMENT providers; and ate— SUBMITTED ON MAY 17, 2006 (4) recognizes the importance of federally (1) to condemn the military junta in funded programs that provide research and SA 4052. Mr. KYL submitted an Burma for its recent campaign of terror collect data on common diseases in women amendment intended to be proposed by against ethnic minorities; and and highlight racial disparities in the rates him to the bill S. 2611, to provide for (2) to call on the United States and other of these diseases. comprehensive immigration reform democracies to continue to work with the f and for other purposes; which was or- Association of South East Asian Nations to AMENDMENTS SUBMITTED AND dered to lie on the table; as follows: promote democracy, human rights and jus- PROPOSED On page 345, strike line 10 and all that fol- tice in Burma; and lows through page 395, line 23, and insert the SA 4066. Mr. KENNEDY (for himself, Mr. (3) to call on the United States to lead an following: MCCAIN, and Mr. GRAHAM) proposed an effort at the United Nations Security Coun- amendment to the bill S. 2611, to provide for Subtitle A—Mandatory Departure and cil to pass immediately a binding, non-puni- comprehensive immigration reform and for Reentry in Legal Status tive resolution calling for the immediate and other purposes. SEC. 601. MANDATORY DEPARTURE AND RE- unconditional release of Daw Aung San Suu SA 4067. Mr. SALAZAR submitted an ENTRY IN LEGAL STATUS. Kyi and all other prisoners of conscience in amendment intended to be proposed by him (a) IN GENERAL.—Title II (8 U.S.C. 1151 et Burma, condemning these atrocities, and to the bill S. 2611, supra; which was ordered seq.) is amended by inserting after section supporting democracy, human rights and to lie on the table. 218C, as added by section 405, the following: justice in Burma. SA 4068. Mr. KYL submitted an amend- ‘‘SEC. 218D. MANDATORY DEPARTURE AND RE- ment intended to be proposed by him to the ENTRY. bill S. 2611, supra; which was ordered to lie ‘‘(a) IN GENERAL.—The Secretary of Home- on the table. land Security may grant Deferred Manda- SA 4069. Mr. REED submitted an amend- tory Departure status to aliens who are in ment intended to be proposed by him to the the United States illegally to allow such bill S. 2611, supra; which was ordered to lie aliens time to depart the United States and on the table. to seek admission as a nonimmigrant or im- SA 4070. Mr. DURBIN submitted an amend- migrant alien. ment intended to be proposed by him to the ‘‘(b) REQUIREMENTS.—

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‘‘(1) PRESENCE.—An alien shall establish shall remain eligible for Deferred Mandatory release of any information contained in the that the alien— Departure status if the alien’s ineligibility application and any attached evidence for ‘‘(A) was physically present in the United under subparagraphs (A) and (B) is solely re- law enforcement purposes. States on the date that is 1 year before the lated to the alien’s—(i) entry into the United ‘‘(c) IMPLEMENTATION AND APPLICATION date on which the Comprehensive Immigra- States without inspection; (ii) remaining in TIME PERIODS.— tion Reform Act of 2006 was introduced in the United States beyond the period of au- ‘‘(1) IN GENERAL.—The Secretary of Home- Congress; and thorized admissions; or (iii) failure to main- land Security shall ensure that the applica- ‘‘(B) has been continuously in the United tain legal status while in the United States. tion process is secure and incorporates anti- States since that date; and (J) Waiver.—The Secretary may, in the fraud protection. The Secretary shall inter- ‘‘(C) was not legally present in the United Secretary’s sole and unreviewable discretion, view an alien to determine eligibility for De- States under any classification set forth in waive the application of subparagraphs (A) ferred Mandatory Departure status and shall section 101(a)(15) on that date. and (B) if the alien was ordered removed on utilize biometric authentication at time of the basis that the alien—(i) entered without ‘‘(2) EMPLOYMENT.—An alien must estab- document issuance. lish that the alien— inspection; (ii) failed to maintain status, or ‘‘(2) INITIAL RECEIPT OF APPLICATIONS.—The ‘‘(A) was employed in the United States be- (iii) was ordered removed under 212(a)(6)(c)(i) Secretary of Homeland Security shall begin prior to April 7, 2006, and—(i) demonstrates fore the date on which the Comprehensive accepting applications for Deferred Manda- that the alien did not receive notice of re- Immigration Reform Act of 2006 was intro- tory Departure status not later than 3 moval proceedings in accordance with para- duced in Congress; and months after the date of the enactment of graph (1) or (2) of section 239(a); or (ii) estab- ‘‘(B) has been employed in the United the Comprehensive Immigration Reform Act lishes that the alien’s failure to appear was of 2006. States since that date. due to exceptional circumstances beyond the ‘‘(3) APPLICATION.—An alien shall submit ‘‘(3) ADMISSIBILITY.— control of the alien; or (iii) the alien’s depar- an initial application for Deferred Manda- ‘‘(A) IN GENERAL.—The alien must establish ture from the United States now would re- tory Departure status not later than 6 that the alien— sult in extreme hardship to the alien’s months after the date of the enactment of ‘‘(i) is admissible to the United States (ex- spouse, parent, or child who is a citizen of cept as provided in subparagraph (B)); and the United States or an alien lawfully admit- the Comprehensive Immigration Reform Act ‘‘(ii) has not assisted in the persecution of ted for permanent residence. of 2006. An alien that fails to comply with this requirement is ineligible for Deferred any person or persons on account of race, re- ‘‘(5) MEDICAL EXAMINATION.—The alien may ligion, nationality, membership in a par- be required, at the alien’s expense, to under- Mandatory Departure status. ticular social group, or political opinion. go an appropriate medical examination (in- ‘‘(4) COMPLETION OF PROCESSING.—The Sec- ‘‘(B) GROUNDS NOT APPLICABLE.—The provi- cluding a determination of immunization retary of Homeland Security shall ensure sions of paragraphs (5), (6)(A), and (7) of sec- status) that conforms to generally accepted that all applications for Deferred Mandatory tion 212(a) shall not apply. professional standards of medical practice. Departure status are processed not later than 12 months after the date of the enact- ‘‘(C) WAIVER.—The Secretary of Homeland ‘‘(6) TERMINATION.—The Secretary of Security may waive any other provision of Homeland Security may terminate an alien’s ment of the Comprehensive Immigration Re- section 212(a), or a ground of ineligibility Deferred Mandatory Departure status— form Act of 2006. ‘‘(d) SECURITY AND LAW ENFORCEMENT under paragraph (4), as applied to individual ‘‘(A) if the Secretary determines that the BACKGROUND CHECKS.—An alien may not be aliens— alien was not eligible for such status; or granted Deferred Mandatory Departure sta- ‘‘(i) for humanitarian purposes; ‘‘(B) if the alien commits an act that ‘‘(ii) to assure family unity; or tus unless the alien submits biometric data makes the alien removable from the United in accordance with procedures established by ‘‘(iii) if such waiver is otherwise in the States. public interest. the Secretary of Homeland Security. The ‘‘(7) APPLICATION CONTENT AND WAIVER.— Secretary of Homeland Security may not ‘‘(4) INELIGIBLE.—An alien is ineligible for ‘‘(A) APPLICATION FORM.—The Secretary of Deferred Mandatory Departure status if the grant Deferred Mandatory Departure status Homeland Security shall create an applica- until all appropriate background checks are alien— tion form that an alien shall be required to ‘‘(A) has been ordered removed from the completed to the satisfaction of the Sec- complete as a condition of obtaining De- retary of Homeland Security. United States—(i) for overstaying the period ferred Mandatory Departure status. of authorized admission under section 217; ‘‘(e) ACKNOWLEDGMENT.—An alien who ap- ‘‘(B) CONTENT.—In addition to any other in- plies for Deferred Mandatory Departure sta- (ii) under section 235 or 238; or (iii) pursuant formation that the Secretary determines is tus shall submit to the Secretary of Home- to a final order of removal under section 240; required to determine an alien’s eligibility ‘‘(B) failed to depart the United States dur- land Security— for Deferred Mandatory Departure, the Sec- ing the period of a voluntary departure order ‘‘(1) an acknowledgment made in writing retary shall require an alien to answer ques- under section 240B; and under oath that the alien— tions concerning the alien’s physical and ‘‘(C) is subject to section 241(a)(5); ‘‘(A) is unlawfully present in the United ‘‘(D) has been issued a notice to appear mental health, criminal history and gang States and subject to removal or deporta- under section 239, unless the sole acts of con- membership, immigration history, involve- tion, as appropriate, under this Act; and duct alleged to be in violation of the law are ment with groups or individuals that have ‘‘(B) understands the terms of the terms of that the alien is removable under section engaged in terrorism, genocide, persecution, Deferred Mandatory Departure; 237(a)(1)(C) or inadmissible under section or who seek the overthrow of the United ‘‘(2) any Social Security account number 212(a)(6)(A); States government, voter registration his- or card in the possession of the alien or re- ‘‘(E) is a resident of a country for which tory, claims to United States citizenship, lied upon by the alien; the Secretary of State has made a deter- and tax history. ‘‘(3) any false or fraudulent documents in mination that the government of such coun- ‘‘(C) WAIVER.—The Secretary of Homeland the alien’s possession. try has repeatedly provided support for acts Security shall require an alien to include ‘‘(f) MANDATORY DEPARTURE.— of international terrorism under section 6(j) with the application a waiver of rights that ‘‘(1) IN GENERAL.—The Secretary of Home- of the Export Administration Act of 1979 (50 explains to the alien that, in exchange for land Security may, in the Secretary’s sole U.S.C. App. 2405(j)) or under section 620A of the discretionary benefit of obtaining De- and unreviewable discretion, grant Deferred the Foreign Assistance Act of 1961 (22 U.S.C. ferred Mandatory Departure status, the alien Mandatory Departure status to an alien for a 2371); agrees to waive any right to administrative period not to exceed 5 years. ‘‘(F) fails to comply with any request for or judicial review or appeal of an immigra- ‘‘(2) REGISTRATION AT TIME OF DEPAR- information by the Secretary of Homeland tion officer’s determination as to the alien’s TURE.—An alien granted Deferred Mandatory Security; or eligibility, or to contest any removal action, Departure shall— ‘‘(G) the Secretary of Homeland Security other than on the basis of an application for ‘‘(A) depart the United States before the determines that—(i) the alien, having been asylum pursuant to the provisions contained expiration of the period of Deferred Manda- convicted by a final judgment of a serious in section 208 or 241(b)(3), or under the Con- tory Departure status; crime, constitutes a danger to the commu- vention Against Torture and Other Cruel, In- ‘‘(B) register with the Secretary of Home- nity of the United States; (ii) there are rea- human or Degrading Treatment or Punish- land Security at the time of departure; and sonable grounds for believing that the alien ment, done at New York December 10, 1984. ‘‘(C) surrender any evidence of Deferred has committed a serious crime outside the ‘‘(D) KNOWLEDGE.—The Secretary of Home- Mandatory Departure status at time of de- United States prior to the arrival of the land Security shall require an alien to in- parture. alien in the United States; or (iii) there are clude with the application a signed certifi- ‘‘(3) RETURN IN LEGAL STATUS.—An alien reasonable grounds for regarding the alien as cation in which the alien certifies that the who complies with the terms of Deferred a danger to the security of the United alien has read and understood all of the ques- Mandatory Departure status and departs be- States; or tions and statements on the application fore the expiration of such status— ‘‘(H) the alien has been convicted of a fel- form, and that the alien certifies under pen- ‘‘(A) shall not be subject to section ony or 3 or more misdemeanors. alty of perjury under the laws of the United 212(a)(9)(B); and ‘‘(I) Exception.—Notwithstanding subpara- States that the application, and any evi- ‘‘(B) may immediately seek admission as a graphs (A) and (B), an alien who has not been dence submitted with it, are all true and cor- nonimmigrant or immigrant, if otherwise el- ordered removed from the United States rect, and that the applicant authorizes the igible.

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‘‘(4) FAILURE TO DEPART.—An alien who nonimmigrant admitted under section 214; ance with title 18, United States Code, im- fails to depart the United States before the and prisoned not more than 5 years, or both. expiration of Deferred Mandatory Departure ‘‘(B) may be deemed ineligible for public ‘‘(2) INADMISSIBILITY.—An alien who is con- status is not eligible and may not apply for assistance by a State or any political sub- victed of a crime under paragraph (1) shall be or receive any immigration relief or benefit division of a State that furnishes such assist- considered to be inadmissible to the United under this Act or any other law for a period ance. States on the ground described in section of 10 years, except as provided under section ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR 212(a)(6)(C)(i). 208 or 241(b)(3) or the Convention Against ADJUSTMENT OF STATUS.—An alien granted ‘‘(o) RELATION TO CANCELLATION OF RE- Torture and Other Cruel, Inhuman or De- Deferred Mandatory Departure status may MOVAL.—With respect to an alien granted De- grading Treatment or Punishment, done at not apply to change status under section 248 ferred Mandatory Departure status under New York December 10, 1984, in the case of or, unless otherwise eligible under section this section, the period of such status shall an alien who indicates an intention to apply 245(i), from applying for adjustment of status not be counted as a period of physical pres- for asylum under section 208 or a fear of per- to that of a permanent resident under sec- ence in the United States for purposes of sec- secution or torture. tion 245. tion 240A(a), unless the Secretary of Home- ‘‘(5) PENALTIES FOR DELAYED DEPARTURE.— ‘‘(j) APPLICATION FEE.— land Security determines that extreme hard- An alien who fails to immediately depart the ‘‘(1) IN GENERAL.—An alien seeking a grant ship exists. United States shall be subject to— of Deferred Mandatory Departure status ‘‘(p) WAIVER OF RIGHTS.—An alien is not el- ‘‘(A) no fine if the alien departs the United shall submit, in addition to any other fees igible for Deferred Mandatory Departure sta- States not later than 1 year after being authorized by law, an application fee of tus, unless the alien has waived any right to granted Deferred Mandatory Departure sta- $1,000. contest, other than on the basis of an appli- cation for asylum or protection under the tus; ‘‘(2) USE OF FEE.—The fees collected under Convention Against Torture and Other ‘‘(B) a fine of $2,000 if the alien remains in paragraph (1) shall be available for use by Cruel, Inhuman or Degrading Treatment or the United States for more than 1 year and the Secretary of Homeland Security for ac- Punishment, done at New York December 10, not more than 2 years after being granted tivities to identify, locate, or remove illegal 1984, any action for deportation or removal Deferred Mandatory Departure status; aliens. of the alien that is instituted against the ‘‘(C) a fine of $3,000 if the alien remains in ‘‘(k) FAMILY MEMBERS.— alien subsequent to a grant of Deferred Man- the United States for more than 2 years and ‘‘(1) FAMILY MEMBERS.— datory Departure status. not more than 3 years after being granted ‘‘(A) IN GENERAL.—The spouse or child of ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.— Deferred Mandatory Departure status; an alien granted Deferred Mandatory Depar- ture status is subject to the same terms and The determination of whether an alien is eli- ‘‘(D) a fine of $4,000 if the alien remains in gible for a grant of Deferred Mandatory De- the United States for more than 3 years and conditions as the principal alien, but is not authorized to work in the United States. parture status is solely within the discretion not more than 4 years after being granted of the Secretary of Homeland Security. Not- Deferred Mandatory Departure status; and ‘‘(B) APPLICATION FEE.— ‘‘(i) IN GENERAL.—The spouse or child of an withstanding any other provision of law, no ‘‘(E) a fine of $5,000 if the alien remains in court shall have jurisdiction to review— the United States for more than 4 years after alien seeking Deferred Mandatory Departure status shall submit, in addition to any other ‘‘(1) any judgment regarding the granting being granted Deferred Mandatory Departure of relief under this section; or status. fee authorized by law, an additional fee of $500. ‘‘(2) any other decision or action of the ‘‘(g) EVIDENCE OF DEFERRED MANDATORY ‘‘(ii) USE OF FEE.—The fees collected under Secretary of Homeland Security the author- DEPARTURE STATUS.—Evidence of Deferred clause (i) shall be available for use by the ity for which is specified under this section Mandatory Departure status shall be ma- Secretary of Homeland Security for activi- to be in the discretion of the Secretary, chine-readable, tamper-resistant, and allow ties to identify, locate, or remove aliens who other than the granting of relief under sec- for biometric authentication. The Secretary are removable under section 237. tion 1158(a). of Homeland Security is authorized to incor- ‘‘(l) EMPLOYMENT.— ‘‘(r) JUDICIAL REVIEW.— porate integrated-circuit technology into ‘‘(1) IN GENERAL.—An alien may be em- ‘‘(1) LIMITATIONS ON RELIEF.—Without re- the document. The Secretary of Homeland ployed by any United States employer au- gard to the nature of the action or claim and Security shall consult with the Forensic thorized by the Secretary of Homeland Secu- without regard to the identity of the party Document Laboratory in designing the docu- rity to hire aliens. or parties bringing the action, no court ment. The document may serve as a travel, ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien may— entry, and work authorization document granted Deferred Mandatory Departure sta- ‘‘(A) enter declaratory, injunctive, or other during the period of its validity. The docu- tus shall be employed while the alien is in equitable relief in any action pertaining to— ment may be accepted by an employer as the United States. An alien who fails to be ‘‘(i) an order or notice denying an alien a evidence of employment authorization and employed for 30 days may not be hired until grant of Deferred Mandatory Departure sta- identity under section 274A(b)(1)(B). the alien has departed the United States and tus or any other benefit arising from such ‘‘(h) TERMS OF STATUS.— reentered. The Secretary of Homeland Secu- status; or ‘‘(1) REPORTING.—During the period in rity may, in the Secretary’s sole and ‘‘(ii) an order of removal, exclusion, or de- which an alien is in Deferred Mandatory De- unreviewable discretion, reauthorize an alien portation entered against an alien after a parture status, the alien shall comply with for employment without requiring the grant of Deferred Mandatory Departure sta- all registration requirements under section alien’s departure from the United States. tus; or 264. ‘‘(m) ENUMERATION OF SOCIAL SECURITY ‘‘(B) certify a class under Rule 23 of the ‘‘(2) TRAVEL.— NUMBER.—The Secretary of Homeland Secu- Federal Rules of Civil Procedure in any ac- ‘‘(A) An alien granted Deferred Mandatory rity, in coordination with the Commissioner tion for which judicial review is authorized Departure status is not subject to section of the Social Security System, shall imple- under a subsequent paragraph of this sub- 212(a)(9) for any unlawful presence that oc- ment a system to allow for the enumeration section. curred before the Secretary of Homeland Se- of a Social Security number and production ‘‘(2) CHALLENGES TO VALIDITY.— curity granting such status to the alien. of a Social Security card at the time the ‘‘(A) IN GENERAL.—Any right or benefit not ‘‘(B) Under regulations established by the Secretary of Homeland Security grants an otherwise waived or limited pursuant this Secretary of Homeland Security, an alien alien Deferred Mandatory Departure status. section is available in an action instituted in granted Deferred Mandatory Departure sta- ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN the United States District Court for the Dis- tus— APPLICATION FOR DEFERRED MANDATORY DE- trict of Columbia, but shall be limited to de- ‘‘(i) may travel outside of the United PARTURE.— terminations of— States and may be readmitted if the period ‘‘(1) CRIMINAL PENALTY.— ‘‘(i) whether such section, or any regula- of Deferred Mandatory Departure status has ‘‘(A) VIOLATION.—It shall be unlawful for tion issued to implement such section, vio- not expired; and any person— lates the Constitution of the United States; ‘‘(ii) shall establish, at the time of applica- ‘‘(i) to file or assist in filing an application or tion for admission, that the alien is admis- for adjustment of status under this section ‘‘(ii) whether such a regulation, or a writ- sible under section 212. and knowingly and willfully falsify, mis- ten policy directive, written policy guide- ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED AD- represent, conceal, or cover up a material line, or written procedure issued by or under MISSION.—Time spent outside the United fact or make any false, fictitious, or fraudu- the authority the Secretary of Homeland Se- States under subparagraph (B) shall not ex- lent statements or representations, or make curity to implement such section, is not con- tend the period of Deferred Mandatory De- or use any false writing or document know- sistent with applicable provisions of this sec- parture status. ing the same to contain any false, fictitious, tion or is otherwise in violation of law.’’. ‘‘(3) BENEFITS.—During the period in which or fraudulent statement or entry; or (b) CONFORMING AMENDMENTS.— an alien is granted Deferred Mandatory De- ‘‘(ii) to create or supply a false writing or (1) CLERICAL AMENDMENT.—The table of parture status under this section, the alien— document for use in making such an applica- contents is amended by inserting after the ‘‘(A) shall not be considered to be perma- tion. item relating to section 218C the following: nently residing in the United States under ‘‘(B) PENALTY.—Any person who violates ‘‘Sec. 218D. Mandatory departure and re- the color of law and shall be treated as a subparagraph (A) shall be fined in accord- entry.’’.

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(2) DEPORTATION.—Section 237(a)(2)(A)(i)(II) the national language of America. Unless (d) IMPLEMENTATION.—The Secretary of (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended by otherwise authorized or provided for by law, Homeland Security shall implement changes striking the period at the end and inserting no person has a legal entitlement to services to the testing process designed to ensure ‘‘(or 6 months in the case of an alien granted authorized or provided for by the Federal compliance with [8 U.S.C. 1423(a)] not later Deferred Mandatory Departure status under Government in any language other than than January 1, 2008. section 218D),’’. English. SEC. 602. STATUTORY CONSTRUCTION. (b) CONFORMING AMENDMENT.—A The table SA 4068. Mr. KYL submitted an Nothing in this title, or any amendment of chapters for title 4, United States Code, is amendment intended to be proposed by made by this title, shall be construed to cre- amended by adding at the Language of the him to the bill S. 2611, to provide for ate any substantive or procedural right or Government of the United States. Section 767. Requirements for Naturaliza- comprehensive immigration reform benefit that is legally enforceable by any and for other purposes; which was or- party against the United States or its agen- tion cies or officers or any other person. (a) FINDINGS.—The Senate makes the fol- dered to lie on the table; as follows: SEC. 603. EXCEPTIONS FOR HUMANITARIAN REA- lowing findings: Beginning on page 350, strike line 1 and all SONS. a. Under United States law (8 USC 1423 (a)), that follows through ‘‘inference.’’ on page Notwithstanding any other provision of lawful permanent residents of the United 351, line 1, and insert the following: law, an alien may be exempt from Deferred States who have immigrated from foreign ‘‘(II) OTHER DOCUMENTS.—An alien who is Mandatory Departure status and may apply countries must, among other requirements, unable to submit a document described in for lawful permanent resident status during demonstrate an understanding of the English subclause (I) may satisfy the requirement in the 1-year period beginning on the date of language, United States history and Govern- clause (i) by submitting to the Secretary at the enactment of this Act if the alien— ment, to become citizens of the United least 2 other types of reliable documents (1) is the spouse of a citizen of the United States. that provide evidence of employment for States at the time of application for lawful b. The Department of Homeland Security each required period of employment, includ- permanent resident status; is currently conducting a review of the test- ing— (2) is the parent of a child who is a citizen ing process used to ensure prospective ‘‘(aa) bank records; of the United States; United States citizens demonstrate said ‘‘(bb) business records; (3) is not younger than 65 years of age; knowledge of the English language and ‘‘(cc) sworn affidavits from non-relatives (4) is not older than 16 years of age and is United States history and government for who have direct knowledge of the alien’s attending school in the United States; the purpose of redesigning said test. work, including the name, address, and (b) DEFINITIONS.—for purposes of this sec- (5) is younger than 5 years of age; phone number of the affiant, the nature and tion only, the following words are defined: (6) on removal from the United States, duration of the relationship between the affi- (1) KEY DOCUMENTS.—The term ‘key docu- would suffer long-term endangerment to the ant and the alien, and other verification in- ments’ means the documents that estab- life of the alien; or formation; or lished or explained the foundational prin- (7) owns a business or real property in the ‘‘(dd) remittance records. ciples of democracy in the United States, in- United States. ‘‘(v) BURDEN OF PROOF.—An alien applying cluding the United States Constitution and SEC. 604. AUTHORIZATION OF APPROPRIATIONS. for adjustment of status under this sub- the amendments to the Constitution (par- There are authorized to be appropriated section has the burden of proving by a pre- ticularly the Bill of Rights), the Declaration $1,000,000,000 for facilities, personnel (includ- ponderance of the evidence that the alien has of Independence, the Federalist Papers, and ing consular officers), training, technology, satisfied the employment requirements in and processing necessary to carry out this the Emancipation Proclamation. (2) KEY EVENTS.—The term ‘key events’ clause (i). title and the amendments made by this title. means the critical turning points in the his- Beginning on page 366, strike line 9 and all f tory of the United States (including the that follows to page 368, line 16. On page 374, line 22, insert after ‘‘work’’ American Revolution, the Civil War, the TEXT OF AMENDMENTS the following: ‘‘, including the name, ad- world wars of the twentieth century, the dress, and phone number of the affiant, the SA 4066. Mr. KENNEDY (for himself, civil rights movement, and the major court nature and duration of the relationship be- Mr. MCCAIN, and Mr. GRAHAM) proposed decisions and legislation) that contributed to tween the affiant and the alien, and other an amendment to the bill S. 2611, to extending the promise of democracy in verification information’’. provide for comprehensive immigration American life. At page 391, line 25, strike ‘‘deferred man- (3) KEY IDEAS.—The term ‘key ideas’ means reform and for other purposes; as fol- datory departure status’’ and replace with lows: the ideas that shaped the democratic institu- tions and heritage of the United States, in- ‘‘any benefit under this title’’. On page 295, after line 16 insert the fol- At page 392, line 12, strike ‘‘deferred man- cluding the notion of equal justice under the lowing: datory departure status’’ and replace with law, freedom, individualism, human rights, ‘‘or ‘‘any benefit under this title’’. and a belief in progress. ‘‘(iv) the Secretary of Labor determines At page 393, lines 6–7, strike ‘‘deferred (4) KEY PERSONS.—The term ‘key persons’ and certifies that there are not sufficient mandatory departure status’’ and replace means the men and women who led the United States workers who are able, willing, with ‘‘any benefit under this title.’’ United States as founding fathers, elected of- qualified, and available to fill the position in At page 393, lines 11–12, strike ‘‘deferred ficials, scientists, inventors, pioneers, advo- which the alien is, or will be, employed; and mandatory departure status’’ and replace cates of equal rights, entrepreneurs, and art- ‘‘(v) the alien submits at least 2 documents with ‘‘any benefit under this title’’. ists. to establish current employment, as follows: At page 392, lines 8–9, strike ‘‘deferred (c) GOALS FOR CITIZENSHIP TEST REDE- ‘‘(I) Records maintained by the Social Se- mandatory departure status’’ and replace SIGN.—The Department of Homeland Secu- with ‘‘any benefit under this title’’. curity Administration. rity shall establish as goals of the testing Insert at page 392, line 23: ‘‘(r) The Sec- ‘‘(II) Records maintained by the alien’s em- process designed to comply with provisions retary of Homeland Security shall ensure ployer, such as pay stubs, time sheets, or of [8 USC 1423 (a)] that prospective citizens: employment work verification. a. demonstrate a sufficient understanding that denials of any benefit under this title ‘‘(III) Records maintained by the Internal of the English language for usage in every- are subject to supervisory review and ap- Revenue Service. day life; proval.’’ ‘‘(IV) Records maintained by any other b. demonstrate an understanding of Amer- government agency, such as worker com- ican common values and traditions, includ- SA 4069. Mr. REED submitted an pensation records, disability records, or busi- ing the principles of the Constitution of the amendment intended to be proposed by ness licensing records. United States, the Pledge of Allegiance, re- him to the bill S. 2611, to provide for spect for the flag of the United States, the comprehensive immigration reform SA 4067. Mr. SALAZAR submitted an National Anthem, and voting in public elec- and for other purposes; which was or- amendment intended to be proposed by tions; dered to lie on the table; as follows: him to the bill S. 2611, to provide for c. demonstrate an understanding of the On page 348, between lines 21 and 22, insert history of the United States, including the comprehensive immigration reform the following: key events, key persons, key ideas, and key and for other purposes; which was or- ‘‘(V) The employment requirement in documents that shaped the institutions and dered to lie on the table; as follows: clause (i)(I) shall not apply to an individual democratic heritage of the United States; § 161. Declaration of English who is over 59 years of age on the date of en- and English is the common language of the d. demonstrate an attachment to the prin- actment of the Immigrant Accountability United States that helps provide unity for ciples of the Constitution of the United Act of 2006. the people of the United States. States and the well being and happiness of Mr. DURBIN submitted an § 162. Preserving and enhancing the role of the people of the United States; and SA 4070. the national language e. demonstrate an understanding of the amendment intended to be proposed by The Government of the United States shall rights and responsibilities of citizenship in him to the bill S. 2611, to provide for preserve and enhance the role of English as the United States. comprehensive immigration reform

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.080 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4812 CONGRESSIONAL RECORD — SENATE May 18, 2006 and for other purposes; which was or- ‘‘(C) for the additional period necessary for ‘‘218A and 218B. dered to lie on the table; as follows: the adjudication of any application for labor ‘‘(2) STATE CRIMINAL ALIEN ASSISTANCE PRO- certification, employment-based immigrant GRAM ACCOUNT; STATE HEALTH AND EDUCATION At the appropriate place, insert the fol- petition, and application under section ASSISTANCE ACCOUNT.— lowing: 245(a)(2) to adjust such alien’s status to that ‘‘(A) STATE CRIMINAL ALIEN ASSISTANCE SEC. ll. NUMERICAL LIMITATIONS ON H–2A of an alien lawfully admitted for permanent PROGRAM ACCOUNT.— VISAS. residence, if such application for labor cer- ‘‘(i) ESTABLISHMENT.—There is established Section 214(g)(1) (8 U.S.C. 1184(g)(1)), as tification or employment-based immigrant within the State Impact Aid Account a State amended by sections 408(g) and 508(c)(1), is petition has been filed not later than 1 year Criminal Alien Assistance Program Account. further amended— after the completion of the graduate pro- ‘‘(ii) DEPOSITS.—Notwithstanding any (1) in subparagraph (A)(ix), by striking gram.’’. other provision under this Act, there shall be ‘‘or’’ at the end; (e) WAIVER OF FOREIGN RESIDENCE REQUIRE- deposited in the State Criminal Alien Assist- (2) in subparagraph (B), by striking ‘‘and’’ MENT.—Section 212(e) (8 U.S.C. 1182(e)) is ance Program Account 25 percent of all at the end; amended— amounts deposited in the State Impact Aid (3) in subparagraph (C), by striking the pe- (1) by inserting ‘‘(1)’’ before ‘‘No person’’; Account, which shall be available to the At- riod at the end and inserting ‘‘; and’’; and (2) by striking ‘‘admission (i) whose’’ and torney General to disburse in accordance (4) by adding at the end the following: inserting the following: ‘‘admission— with section 241(i). ‘‘(D) under section 101(a)(15)(H)(ii)(a) may ‘‘(A) whose’’; ‘‘(B) STATE HEALTH AND EDUCATION ASSIST- not exceed 90,000.’’. (3) by striking ‘‘residence, (ii) who’’ and in- ANCE ACCOUNT.— serting the following: ‘‘residence; ‘‘(i) ESTABLISHMENT.—There is established SA 4071. Mr. BOND (for himself and ‘‘(B) who’’; within the State Impact Assistance Account Mr. GREGG) submitted an amendment (4) by striking ‘‘engaged, or (iii) who’’ and a State Health and Education Assistance Ac- intended to be proposed by him to the inserting the following: ‘‘engaged; or count. bill S. 2611, to provide for comprehen- ‘‘(C) who’’; ‘‘(ii) DEPOSITS.—Notwithstanding any sive immigration reform and for other (5) by striking ‘‘training, shall’’ and insert- other provision under this Act, there shall be purposes; which was ordered to lie on ing the following: ‘‘training, deposited in the State Health and Education Assistance Account 75 percent of all amounts the table; as follows: ‘‘shall’’; (6) by striking ‘‘United States: Provided, deposited in the State Impact Aid Account. On page 336, strike line 14 and all that fol- That upon’’ and inserting the following: ‘‘(3) STATE IMPACT ASSISTANCE GRANT PRO- lows through ‘‘(d)’’ on page 337, line 19, and ‘‘United States. GRAM.— insert the following: ‘‘(2) Upon’’; ‘‘(A) ESTABLISHMENT.—Not later than Jan- (b) CREATION OF J-STEM VISA CATEGORY.— (7) by striking ‘‘section 214(l): And provided uary 1 of each year beginning after the date Section 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is further, That, except’’ and inserting the fol- of enactment of the Comprehensive Immi- amended to read as follows: lowing: ‘‘section 214(l). gration Reform Act of 2006, the Secretary of ‘‘(J) an alien with a residence in a foreign ‘‘(3) Except’’; and Homeland Security, in cooperation with the country that (except in the case of an alien (8) by adding at the end the following: Secretary of Health and Human Services (re- described in clause (ii)) the alien has no in- ‘‘(4) An alien who has been issued a visa or ferred to in this paragraph as the ‘Sec- tention of abandoning, who is a bona fide otherwise provided nonimmigrant status retary’), shall establish a State Impact As- student, scholar, trainee, teacher, professor, under section 101(a)(15)(J)(ii), or who would sistance Grant Program, under which the research assistant, specialist, or leader in a have qualified for such nonimmigrant status Secretary shall award grants to States for field of specialized knowledge or skill, or if section 101(a)(15)(J)(ii) had been enacted use in accordance with subparagraph (D). other person of similar description, and before the completion of such alien’s grad- ‘‘(B) AVAILABLE FUNDS.—For each fiscal who— uate studies, shall not be subject to the 2- year beginning after the date of enactment ‘‘(i) is coming temporarily to the United year foreign residency requirement under of this subsection, the Secretary shall use 1⁄2 States as a participant in a program (other this subsection.’’. of the amounts deposited into the State than a graduate program described in clause (f) Health and Education Assistance Account (ii)) designated by the Secretary of State, for On page 339, line 10, strike ‘‘(e)’’ and insert under paragraph 2(B)(ii) during the preceding the purpose of teaching, instructing or lec- ‘‘(g)’’. year . turing, studying, observing, conducting re- On page 340, strike line 12 and all that fol- ‘‘(C) ALLOCATION.—The Secretary shall al- search, consulting, demonstrating special lows through ‘‘(f)’’ on page 341, line 5, and in- locate grants under this paragraph as fol- skills, or receiving training and who, if com- sert the following: lows: ing to the United States to participate in a ‘‘(A) the alien has been issued a visa or ‘‘(i) NONCITIZEN POPULATION.— program under which the alien will receive otherwise provided nonimmigrant status ‘‘(I) IN GENERAL.—Subject to subclause (II), graduate medical education or training, also under subparagraph (J)(ii) or (F)(iv) of sec- 80 percent shall be allocated to States on a meets the requirements of section 212(j), and tion 101(a)(15), or would have qualified for pro-rata basis according to the ratio that, the alien spouse and minor children of any such nonimmigrant status if subparagraph based on the most recent year for which data such alien if accompanying the alien or fol- (J)(ii) or (F)(iv) of section 101(a)(15) had been of the Bureau of the Census exists— lowing to join the alien; or enacted before the completion of such alien’s ‘‘(aa) the noncitizen population of the ‘‘(ii) has been accepted and plans to attend graduate studies; State; bears to an accredited graduate program in the ‘‘(B) the alien has earned an advanced de- ‘‘(bb) the noncitizen population of all sciences, technology, engineering, or mathe- gree in the sciences, technology, engineer- States. matics in the United States for the purpose ing, or mathematics; ‘‘(II) MINIMUM AMOUNT.—Notwithstanding of obtaining an advanced degree.’’. ‘‘(C) the alien is the beneficiary of a peti- the formula under subclause (I), no State (c) ADMISSION OF NONIMMIGRANTS.—Section tion filed under subparagraph (E) or (F) of shall receive less than $5,000,000 under this 214(b) (8 U.S.C. 1184(b)) is amended by strik- section 204(a)(1); and clause. ing ‘‘subparagraph (L) or (V)’’ and inserting ‘‘(D) a fee of $2,000 is remitted to the Sec- ‘‘(ii) HIGH GROWTH RATES.—Twenty percent ‘‘subparagraph (F)(iv), (J)(ii), (L), or (V)’’. retary on behalf of the alien. shall be allocated on a pro-rata basis among (d) REQUIREMENTS FOR F–4 OR J-STEM ‘‘(3) LIMITATION.—An application for ad- the 20 States with the largest growth rate in VISA.—Section 214(m) (8 U.S.C. 1184(m)) is justment of status filed under this section noncitizen population, as determined by the amended— may not be approved until an immigrant Secretary, according to the ratio that, based (1) by inserting before paragraph (1) the visa number becomes available.’’. on the most recent year for which data of the following: (h) Bureau of the Census exists— ‘‘(I) the growth rate in the noncitizen pop- ‘‘(m) NONIMMIGRANT ELEMENTARY, SEC- SA 4072. Mrs. CLINTON (for herself, ONDARY, AND POST-SECONDARY SCHOOL STU- ulation of the State during the most recent Mr. OBAMA, Mrs. BOXER, Mr. SALAZAR, DENTS.—’’; and 3-year period for which data is available; (2) by adding at the end the following: and Mr. SCHUMER) submitted an bears to ‘‘(3) A visa issued to an alien under sub- amendment intended to be proposed by ‘‘(II) the combined growth rate in noncit- paragraph (F)(iv) or (J)(ii) of section her to the bill S. 2611, to provide for izen population of the 20 States during the 3- 101(a)(15) shall be valid— comprehensive immigration reform year period described in subclause (I). ‘‘(A) during the intended period of study in and for other purposes; as follows: ‘‘(iii) FUNDING FOR LOCAL ENTITIES.—The a graduate program described in such sec- On page 259, line 23, strike ‘‘section 286(c)’’ Secretary shall require recipients of the tion; and insert ‘‘section 286(x)’’. State Impact Assistance Grants to provide ‘‘(B) for an additional period, not to exceed On page 264, strike line 13, and insert the units of local governments with not less 1 year after the completion of the graduate following: than 70 percent of the grant funds not later program, if the alien is actively pursuing an ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— than 180 days after the State receives grant offer of employment related to the knowl- ‘‘(1) ESTABLISHMENT.—There funding. States shall distribute funds to edge and skills obtained through the grad- On page 264, strike line 20, and insert the units of local government based on dem- uate program; and following: onstrated need and function.

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.079 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4813 ‘‘(D) USE OF FUNDS.—A State shall use a prehensive immigration reform and for (B) in subparagraph (A)— grant received under this paragraph to re- other purposes; as follows: (i) in clause (vii), by striking ‘‘each suc- turn funds to State and local governments, At the appropriate place insert the fol- ceeding fiscal year; or’’ and inserting ‘‘each organizations, and entities for the costs of lowing notwithstanding any other provision: of fiscal years 2004, 2005, and 2006; and’’; and providing health services and educational (ii) by adding after clause (vii) the fol- SEC. 161. DECLARATION OF ENGLISH services to noncitizens. English is the common and unifying lan- lowing: ‘‘(E) ADMINISTRATION.—A unit of local gov- guage of the United States that helps pro- ‘‘(viii) 115,000 in each succeeding fiscal ernment, organization, or entity may pro- vide unity for the people of the United year; or’’; and vide services described in subparagraph (D) States. On page 344, line 7, strike the semicolon at directly or pursuant to contracts with the the end and all that follows through line 24 SEC. 162. PRESERVING AND ENHANCING THE State or another entity, including— ROLE OF THE ENGLISH LANGUAGE and insert a period. ‘‘(i) a unit of local government; The Government of the United States shall ‘‘(ii) a public health provider, such as a preserve and enhance the role of English as SA 4076. Mr. ENSIGN (for himself, hospital, community health center, or other the common and unifying language of Amer- Mr. GRAHAM, and Mr. CRAIG) submitted appropriate entity; ica. Nothing herein shall diminish or expand an amendment intended to be proposed ‘‘(iii) a local education agency; and any existing rights under the law of the by him to the bill S. 2611, to provide for ‘‘(iv) a charitable organization. United States relative to services or mate- comprehensive immigration reform ‘‘(F) REFUSAL.— rials provided by the government of the and for other purposes; as follows: ‘‘(i) IN GENERAL.—A State may elect to United States in any language other than refuse any grant under this paragraph. English. At the end of subtitle C of title I, add the ‘‘(ii) ACTION BY SECRETARY.—On receipt of For the purposes of this section, law is de- following: notice of a State of an election under clause fined as including provisions of the U.S. Code SEC. 133. TEMPORARY NATIONAL GUARD SUP- (i), the Secretary shall deposit the amount of the U.S. Constitution, controlling judicial PORT FOR SECURING THE SOUTH- the grant that would have been provided to decisions, regulations, and Presidential Ex- ERN LAND BORDER OF THE UNITED the State into the State Impact Assistance ecutive Orders. STATES. Account. (b) CONFORMING AMENDMENT.—The table of ‘‘(a) AUTHORITY TO PROVIDE ASSISTANCE.— ‘‘(G) REPORTS.— chapters for title 4, United State Code, is (1) With the approval of the Secretary of De- ‘‘(i) IN GENERAL.—Not later than March 1 of amended by adding at the Language of Gov- fense, the Governor of a State may order any each year, each State that received a grant ernment of the United States. units or personnel of the National Guard of under this paragraph during the preceding such State to perform annual training duty fiscal year shall submit to the Secretary a SA 4074. Mr. OBAMA (for himself, under section 502(a) of title 32, United States report in such manner and containing such Mr. REID, and Mr. HARKIN) submitted Code, to carry out in any State along the information as the Secretary may require, in an amendment intended to be proposed southern land border of the United States accordance with clause (ii). by him to the bill S. 2611, to provide for the activities authorized in subsection (b), ‘‘(ii) CONTENTS.—A report under clause (i) for the purpose of securing such border. Such comprehensive immigration reform duty shall not exceed 21 days in any year. shall include a description of— and for other purposes; which was or- ‘‘(I) the services provided in the State (2) With the approval of the Secretary of using the grant; dered to lie on the table; as follows: Defense, the Governor of a State may order ‘‘(II) the amount of grant funds used to On page 151, between lines 6 and 7, insert any units or personnel of the National Guard provide each service and the total amount the following: of such State to perform duty under section available during the applicable fiscal year (c) AUTHORIZATION OF APPROPRIATIONS.— 502(f) of title 32, United States Code, to pro- from all sources to provide each service; and There is authorized to be appropriated to the vide command, control, and continuity of ‘‘(III) the method by which the services Director of the Federal Bureau of Investiga- support for units or personnel performing an- provided using the grant addressed the needs tions $3,125,000 for each of fiscal years 2007 nual training duty under paragraph (1). of communities with significant and growing through 2011 for improving the speed and ac- ‘‘(b) AUTHORIZED ACTIVITIES.—The activi- noncitizen populations in the State. curacy of background and security checks ties authorized by this subsection are any of conducted by the Federal Bureau of Inves- the following: ‘‘(H) COLLABORATION.—In promulgating regulations and issuing guidelines to carry tigations on behalf of the Bureau of Citizen- ‘‘(1) Ground reconnaissance activities; ‘‘(2) Airborne reconnaissance activities; out this paragraph, the Secretary shall col- ship and Immigrations Services. (d) REPORT ON BACKGROUND AND SECURITY ‘‘(3) Logistical support; laborate with representatives of State and CHECKS.— ‘‘(4) Provision of translation services and local governments. (1) IN GENERAL.—Not later than 180 days training; ‘‘(I) STATE APPROPRIATIONS.—Funds re- after the date of the enactment of this Act, ‘‘(5) Administrative support services; ceived by a State under this paragraph shall the Director of the Federal Bureau of Inves- ‘‘(6) Technical training services; be subject to appropriation by the legisla- tigations shall submit to the Committee on ‘‘(7) Emergency medical assistance and ture of the State, in accordance with the the Judiciary of the Senate and the Com- services; terms and conditions described in this para- mittee on the Judiciary of the House of Rep- ‘‘(8) Communications services; graph. resentatives a report on the background and ‘‘(9) Rescue of aliens in peril; ‘‘(J) EXEMPTION.—Notwithstanding any security checks conducted by the Federal ‘‘(10) Construction of roadways, patrol other provision of law, section 6503(a) of title Bureau of Investigations on behalf of the Bu- roads, fences, barriers, and other facilities to 31, United States Code, shall not apply to reau of Citizenship and Immigrations Serv- secure the southern land border of the funds transferred to States under this para- ices United States; and graph. (2) CONTENT.—The report required under ‘‘(11) Ground and air transportation. ‘‘(K) DEFINITION OF STATE.—In this para- paragraph (1) shall include— ‘‘(c) COOPERATIVE AGREEMENTS.—Units and graph, the term ‘State’ means each of— (A) a description of the background and se- personnel of the National Guard of a State ‘‘(i) the several States of the United curity check program; may perform activities in another State States; (B) a statistical breakdown of the back- under subsection (a) only pursuant to the ‘‘(ii) the District of Columbia; ground and security check delays associated terms of an emergency management assist- ‘‘(iii) the Commonwealth of Puerto Rico; with different types of immigration applica- ance compact or other cooperative arrange- ‘‘(iv) the Virgin Islands; tions; ment entered into between Governors of such ‘‘(v) American Samoa; and (C) a statistical breakdown of the back- States for purposes of this section, and only ‘‘(vi) the Commonwealth of the Northern ground and security check delays by appli- with the approval of the Secretary of De- Mariana Islands.’’. cant country of origin; and fense. On page 371, line 4, strike ‘‘(B) 10 percent’’ ‘‘(d) COORDINATION OF ASSISTANCE.—The and insert the following: (D) the steps the Federal Bureau of Inves- tigations is taking to expedite background Secretary of Homeland Security shall, in ‘‘(B) 10 percent of such funds shall be de- consultation with the Secretary of Defense posited in the State Impact Aid Account in and security checks that have been pending for more than 60 days. and the Governors of the States concerned, the Treasury in accordance with section coordinate the performance of activities 286(x); SA 4075. Mrs. FEINSTEIN (for herself under this section by units and personnel of ‘‘(C) 5 percent the National Guard. On page 371, line 8, strike ‘‘(C) 10 percent’’ and Mr. GRASSLEY) submitted an ‘‘(e) ANNUAL TRAINING.—Annual training and insert ‘‘(D) 5 percent’’. amendment intended to be proposed by her to the bill S. 2611, to provide for duty performed by members of the National SA 4073. SALAZAR (for himself, Mr. Guard under subsection (a) shall be appro- comprehensive immigration reform priate for the units and individual members DURBIN, Mr. KENNEDY, Mr. BINGAMAN, and for other purposes; which was or- concerned, taking into account the types of and Mr. REID) submitted an amend- dered to lie on the table; as follows: units and military occupational specialties ment intended to be proposed by him On page 343, strike lines 12 through 24 and of individual members performing such duty. to the bill. S. 2611, to provide for com- insert the following: ‘‘(f) DEFINITIONS.—In this section:

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.076 S18MYPT1 jcorcoran on PROD1PC62 with SENATE S4814 CONGRESSIONAL RECORD — SENATE May 18, 2006 ‘‘(1) The term ‘Governor of a State’ means, may return to such alien’s country of citi- made possible, through participation in the in the case of the District of Columbia, the zenship with the alien and reenter the Return of Talent Program; and Commanding General of the National Guard United States with the alien. (3) any other information that the Sec- of the District of Columbia. ‘‘(d) EXTENSION OF TIME.—The Secretary of retary determines to be appropriate. ‘‘(2) The term ‘State’ means each of the Homeland Security may extend the 24-month (e) REGULATIONS.—Not later than 6 months several States, the District of Columbia, the period referred to in subsection (a) upon a after the date of the enactment of this Act, Commonwealth of Puerto Rico, Guam, and showing that circumstances warrant that an the Secretary shall promulgate regulations the Virgin Islands. extension is necessary for post-conflict or to carry out this section and the amend- ‘‘(3) The term ‘State along the southern natural disaster reconstruction efforts. ments made by this section. border of the United States’ means each of ‘‘(e) RESIDENCY REQUIREMENTS.—An immi- (f) AUTHORIZATION OF APPROPRIATIONS.— the following: grant described in section 101(a)(27)(O) who There are authorized to be appropriated to ‘‘(A) The State of Arizona. participates in the Return of Talent Pro- the Secretary for fiscal year 2007, such sums ‘‘(B) The State of California. gram established under subsection (a), and as may be necessary to carry out this section ‘‘(C) The State of New Mexico. the spouse, parents, siblings, and any minor and the amendments made by this section. ‘‘(D) The State of Texas. children who accompany such immigrant to that immigrant’s country of citizenship, (g) DURATION OF AUTHORITY.—The author- SA 4079. Mr. OBAMA (for himself, shall be considered, during such period of ity of this section shall expire on January 1, Mr. DURBIN, Mr. REID, Mr. HARKIN, and 2009. participation in the program— ‘‘(1) for purposes of section 316(a), phys- Mr. SALAZAR) submitted an amend- (h) PROHIBITION ON DIRECT PARTICIPATION ically present and residing in the United ment intended to be proposed by him IN LAW ENFORCEMENT.—Activities carried to the bill S. 2611, to provide for com- out under the authority of this section shall States for purposes of naturalization within not include the direct participation of a the meaning of that section; and prehensive immigration reform and for member of the National Guard in a search, ‘‘(2) for purposes of section 316(b), to meet other purposes; which was ordered to seizure, arrest, or similar activity. the continuous residency requirements in lie on the table; as follows: that section. (i) REIMBURSEMENT.—The Secretary of On page 151, between lines 6 and 7, insert ‘‘(f) OVERSIGHT AND ENFORCEMENT.—The Homeland Security shall reimburse the Sec- Secretary of Homeland Security, in con- the following: retary of Defense for any support beyond sultation with the Secretary of State, shall (c) AUTHORIZATION OF APPROPRIATIONS.— that authorized by subsection (a)(1) that is oversee and enforce the requirements of this There is authorized to be appropriated to the provided by the National Guard or the armed section.’’. Director of the Federal Bureau of Investiga- forces to components of the Department of (2) TABLE OF CONTENTS.—The table of con- tion $3,125,000 for each of fiscal years 2007 Homeland Security for the purpose of secur- tents is amended by inserting after the item through 2011 for improving the speed and ac- ing the southern land border of the United relating to section 317 the following: curacy of background and security checks States. conducted by the Federal Bureau of Inves- ‘‘317A. Temporary absence of persons partici- tigation on behalf of the Bureau of Citizen- pating in the Return of Talent SA 4077. Mr. BIDEN submitted an ship and Immigration Services. Program.’’. amendment intended to be proposed by (d) REPORT ON BACKGROUND AND SECURITY (c) ELIGIBLE IMMIGRANTS.—Section him to the bill S. 2611, to provide for CHECKS.— 101(a)(27) (8 U.S.C. 1101(a)(27)), as amended by (1) IN GENERAL.—Not later than 180 days comprehensive immigration reform section 508, is further amended— and for other purposes; which was or- after the date of the enactment of this Act, (1) in subparagraph (M), by striking ‘‘or’’ the Director of the Federal Bureau of Inves- dered to lie on the table; as follows: at the end; tigation shall submit to the Committee on On page 259, strike lines 5 through 8 and in- (2) in subparagraph (N), by striking the pe- the Judiciary of the Senate and the Com- sert the following: riod and inserting ‘‘; or’’; and mittee on the Judiciary of the House of Rep- ‘‘(1) any relief under section 240A(a), (3) by adding at the end the following: resentatives a report, unclassified to the 240A(b)(1), or 240B; or ‘‘(O) an immigrant who— greatest extent possible with a classified ‘‘(2) nonimmigrant status under section ‘‘(i) has been lawfully admitted to the annex, if necessary on the background and 101(a)(15) (except subparagraphs (T) and (U)). United States for permanent residence; security checks conducted by the Federal ‘‘(ii) demonstrates an ability and willing- Bureau of Investigation on behalf of the Bu- SA 4078. Mr. BIDEN submitted an ness to make a material contribution to the reau of Citizenship and Immigration Serv- amendment intended to be proposed by post-conflict or natural disaster reconstruc- ices. tion in the alien’s country of citizenship; and him to the bill S. 2611, to provide for (2) CONTENT.—The report required under ‘‘(iii) as determined by the Secretary of comprehensive immigration reform paragraph (1) shall include— State in consultation with the Secretary of (A) a description of the background and se- and for other purposes; which was or- Homeland Security— dered to lie on the table; as follows: curity check program; ‘‘(I) is a citizen of a country in which (B) a statistical breakdown of the back- At the appropriate place, insert the fol- Armed Forces of the United States are en- ground and security check delays associated lowing: gaged, or have engaged in the 10 years pre- with different types of immigration applica- SEC. ll. RETURN OF TALENT PROGRAM. ceding such determination, in combat or tions; peacekeeping operations; (a) SHORT TITLE.—This section may be (C) a statistical breakdown of the back- cited as the ‘‘Return of Talent Act’’. ‘‘(II) is a citizen of a country where author- ground and security check delays by appli- (b) TEMPORARY RETURN OF ALIENS TO HOME ization for United Nations peacekeeping op- cant country of origin; and COUNTRY.— erations was initiated by the United Nations (D) the steps the Federal Bureau of Inves- (1) IN GENERAL.—Title III (8 U.S.C. 1401 et Security Council during the 10 years pre- tigation is taking to expedite background seq.) is amended by inserting after section ceding such determination; or and security checks that have been pending 317 the following: ‘‘(III) is a citizen of a country which re- for more than 60 days. ceived, during the preceding 2 years, funding ‘‘TEMPORARY ABSENCE OF PERSONS PARTICI- from the Office of Foreign Disaster Assist- PATING IN THE RETURN OF TALENT PROGRAM SA 4080. Mr. CHAMBLISS submitted ance of the United States Agency for Inter- an amendment intended to be proposed ‘‘SEC. 317A. (a) IN GENERAL.—The Sec- national Development in response to a de- retary of Homeland Security, in consultation clared disaster in such country by the United by him to the bill S. 2611, to provide for with the Secretary of State, shall establish States Ambassador, the Chief of the U.S. comprehensive immigration reform the Return of Talent Program to permit eli- Mission, or the appropriate Assistant Sec- and for other purposes; which was or- gible aliens to temporarily return to the retary of State, that is beyond the ability of dered to lie on the table; as follows: alien’s country of citizenship in order to such country’s response capacity and war- On page 409, between lines 19 and 20, insert make a material contribution to that coun- rants a response by the United States Gov- the following: try if the country is engaged in post-conflict ernment.’’. (vi) ENGLISH LANGUAGE.—The alien has or natural disaster reconstruction activities, (d) REPORT TO CONGRESS.—Not later than 2 demonstrated an understanding of the for a period not exceeding 24 months, unless years after the date of the enactment of this English language as required by section an exception is granted under subsection (d). Act, the Secretary, in consultation with the 312(a)(1) of the Immigration and Nationality ‘‘(b) ELIGIBLE ALIEN.—An alien is eligible Secretary of State, shall submit a report to Act (8 U.S.C. 1423(a)(1)). to participate in the Return of Talent Pro- Congress, which describes— gram established under subsection (a) if the (1) the countries of citizenship of the par- SA 4081. Mr. DURBIN submitted an alien meets the special immigrant descrip- ticipants in the Return of Talent Program amendment intended to be proposed by tion under section 101(a)(27)(O). established under section 317A of the Immi- ‘‘(c) FAMILY MEMBERS.—The spouse, par- gration and Nationality Act, as added by him to the bill S. 2611, to provide for ents, siblings, and any minor children of an subsection (b); comprehensive immigration reform alien who participates in the Return of Tal- (2) the post-conflict or natural disaster re- and for other purposes; which was or- ent Program established under subsection (a) construction efforts that benefitted, or were dered to lie on the table; as follows:

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.083 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4815 On page 250, strike lines 5 through 10, and Transportation be authorized to meet Committee on Aging be authorized to insert the following: on Thursday, May 18, 2006, at 10 a.m. on meet May 18, 2006 from 10 a.m.–12 p.m. ‘‘(a) AUTHORITY.— S. 2686, the Consumer’s Choice, and in Dirksen 628 for the purpose of con- ‘‘(1) IN GENERAL.—The Secretary of Home- land Security may grant a temporary visa to Broadband Deployment Act of 2006. ducting a hearing. an H–2C nonimmigrant during the 5-year pe- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without riod beginning on the date of the Comprehen- objection, it is so ordered. objection, it is so ordered. sive Immigration Reform Act of 2006 if such COMMITTEE ON COMMERCE, SCIENCE, AND SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- nonimmigrant demonstrates an intent to TRANSPORTATION AGEMENT, GOVERNMENT INFORMATION, AND perform labor or services in the United Mr. INHOFE. Mr. President. I ask INTERNATIONAL SECURITY States (other than the labor or services de- unanimous consent that the Senate Mr. INHOFE. Mr. President, I ask scribed in clause (i)(b) or (ii)(a) of section Committee on Commerce Science and unanimous consent that the Com- 101(a)(15)(H) or subparagraph (L), (O), (P), or Transportation be authorized to meet mittee on Homeland Security and Gov- (R)) of section 101(a)(15). on Thursday, May 18, 2006, at 2:30 p.m. ernmental Affairs’ Subcommittee on ‘‘(2) SUNSET.—Notwithstanding any other provision of law, after the date of end of the for an Executive Session. Federal Financial Management, Gov- 5-year period referred to in paragraph (1), no The PRESIDING OFFICER. Without ernment Information, and Inter- alien may be issued a new visa as an H-2C objection, it is so ordered. national Security be authorized to nonimmigrant for an initial period of au- COMMITTEE ON COMMERCE, SCIENCE, AND meet on Thursday, May 18, 2006, at 2:30 thorized admission under subsection (f)(1). TRANSPORTATION p.m. for a hearing regarding ‘‘Unobli- The Secretary of Homeland Security may Mr. INHOFE. Mr. President, I ask gated Balances: Freeing up Funds, Set- continue to issue an extension of a tem- unanimous consent that the Senate ting Priorities and Untying Agency porary visa issued to an H–2C nonimmigrant Committee on Commerce Science and pursuant to such subsection after such date. Hands.’’ Transportation be authorized to meet The PRESIDING OFFICER. Without SA 4082. Mr. DURBIN submitted an on Thursday, May 18, 2006, at 2:30 p.m. objection, it is so ordered. amendment intended to be proposed by for an Executive Session. SUBCOMMITTEE ON NEAR EASTERN AND SOUTH him to the bill S. 2611, to provide for The PRESIDING OFFICER. Without ASIAN AFFAIRS comprehensive immigration reform objection, it is so ordered. Mr. INHOFE. Mr. President, I ask and for other purposes; which was or- COMMITTEE ON FINANCE unanimous consent that the Com- dered to lie on the table; as follows: Mr. INHOFE. Mr. President, I ask mittee on Foreign Relations Sub- On page 288, line 22, strike the period at unanimous consent that the Com- committee on Near Eastern and South the end and insert ‘‘and stated in such post- mittee on Finance be authorized to Asian Affairs be authorized to meet ing that a worker hired for such opportunity meet during the session on Thursday, during the session of the Senate on will receive compensation that includes May 18, 2006, at 10:30 a.m., in 215 Dirk- Thursday, May 18, 2006, at 2:30 p.m. to health insurance that provides benefits that sen Senate Office Building, to consider hold a hearing on Nepal: Transition are, at a minimum, actuarially equivalent to proposed legislation implementing the from Crisis to Peaceful Democracy. the benefits that the worker would receive U.S.-Oman Free Trade Agreement, and The PRESIDING OFFICER. Without under the State Medicaid plan established the nomination of W. Ralph Basham, of under title XIX of the Social Security Act objection, it is so ordered. (42 U.S.C. 1396 et seq.) of the State in which Virginia, to be Commissioner of Cus- f the employment opportunity will be located toms, Department of Homeland Secu- if the worker were eligible for benefits under rity. PRIVILEGES OF THE FLOOR such plan, as determined by such State.’’. TE PRESIDING OFFICER. Without Mr. AKAKA. Mr. President, I ask f objection, it is so ordered. unanimous consent that Dr. Bonni COMMITTEE ON FOREIGN RELATIONS Berge, a Brookings fellow in my office, AUTHORITY FOR COMMITTEES TO Mr. INHOFE. Mr. President, I ask be allowed floor privileges for the dura- MEET unanimous consent that the Com- tion of the Senate’s debate on S. 2611, COMMITTEE ON BANKING, HOUSING, AND URBAN mittee on Foreign Relations be author- the Comprehensive Immigration Re- AFFAIRS ized to meet during the session of the form Act of 2006. Mr. INHOFE. Mr. President, I ask Senate on Thursday, May 18, 2006, at The PRESIDING OFFICER. Without unanimous consent that the Com- 9:30 a.m. to hold a hearing on Iran’s Po- objection, it is so ordered. mittee on Banking, Housing, and litical/Nuclear Ambitions and U.S. Pol- f Urban Affairs be authorized to meet icy Options. during the session of the Senate on The PRESIDING OFFICER. Without HEROES EARNED RETIREMENT May 18, 2006, at 9:30 a.m. to conduct a objection, it is so ordered. OPPORTUNITIES ACT hearing on ‘‘The Report of the Con- COMMITTEE ON HOMELAND SECURITY AND Mr. CHAMBLISS. Mr. President, I gress on International Economic and GOVERNMENTAL AFFAIRS ask that the Chair now lay before the Exchange Rate Policies.’’ Mr. INHOFE. Mr. President, I ask Senate the House message to accom- The PRESIDING OFFICER. Without unanimous consent that the Com- pany H.R. 1499. objection, it is so ordered. mittee on Homeland Security and Gov- The PRESIDING OFFICER laid be- COMMITTEE ON BANKING, HOUSING, AND URBAN ernmental Affairs be authorized to fore the Senate the following message AFFAIRS meet on Thursday, May 18, 2006, at 10 from the House of Representatives: Mr. INHOFE. Mr. President, I ask a.m. to consider the nomination of H.R. 1499 unanimous consent that the Com- Robert I. Cusick to be Director of the Resolved, That the House agree to the mittee on Banking, Housing, and Office of Government Ethics. amendment of the Senate to the bill (H.R. Urban Affairs be authorized to met PRESIDING OFFICER. Without ob- 1499) entitled ‘‘An Act to amend the Internal during the session of the Senate on jection, it is so ordered. Revenue Code of 1986 to allow members of Thursday, May 18, 2006, at 9:30 a.m. to SELECT COMMITTEE ON INTELLIGENCE the Armed Forces serving in a combat zone mark up S. 1811, the ‘‘San Francisco Mr. INHOFE. Mr. President, I ask to make contributions to their individual re- Old Mint Commemorative Coin Act;’’ unanimous consent that the Select tirement plans even if the compensation on which such contribution is based is excluded S. 633, the ‘‘American Veterans Dis- Committee on Intelligence be author- from gross income, and for other purposes’’, abled for Life Commemorative Coin ized to meet during the session of the with the following House amendment to Sen- Act;’’ and S. 2784, the ‘‘Fourteenth Senate on May 18, 2006 at 9:30 a.m. to ate amendment: Dalai Lama Gold Medal Act.’’ hold a confirmation hearing on General At the end of the Senate amendment add The PRESIDING OFFICER. Without Michael V. Hayden to be Director of the following: objection, it is so ordered. the Central Intelligence Agency. On page 3, after line 3 of the House en- grossed bill, insert the following: COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without (c) CONTRIBUTIONS FOR TAXABLE YEARS END- TRANSPORTATION objection, it is so ordered. ING BEFORE ENACTMENT.— Mr. INHOFE. Mr. President. I ask SPECIAL COMMITTEE ON AGING (1) IN GENERAL.—In the case of any taxpayer unanimous consent that the Senate Mr. INHOFE. Mr. President, I ask with respect to whom compensation was ex- Committee on Commerce, Science and unanimous consent that the Select cluded from gross income under section 112 of

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INCREASE IN PENALTIES FOR OBSCENE, should consider cutting his trip short if able year beginning after December 31, 2003, and INDECENT, AND PROFANE BROAD- it becomes apparent he will not be per- CASTS. ending before the date of the enactment of this mitted to hold these meetings, or if the Act, any contribution to an individual retire- Section 503(b)(2) of the Communications ment plan made on account of such taxable year Act of 1934 (47 U.S.C. 503(b)(2)) is amended— SPDC otherwise interferes with his and not later than the last day of the 3-year pe- (1) by redesignating subparagraphs (C) and visit. riod beginning on the date of the enactment of (D) as subparagraphs (D) and (E), respec- I would also add that I applaud the this Act shall be treated, for purposes of such tively; President’s action today in extending Code, as having been made on the last day of (2) by inserting after subparagraph (B) the the state of emergency with respect to such taxable year. following new subparagraph: Burma. It reflects the clear recognition (2) WAIVER OF LIMITATIONS.— ‘‘(C) Notwithstanding subparagraph (A), if by the President of the grave problems (A) CREDIT OR REFUND.—If the credit or re- the violator is— fund of any overpayment of tax resulting from ‘‘(i)(I) a broadcast station licensee or per- facing this beleaguered country. a contribution to which paragraph (1) applies is mittee; or These problems were poignantly ad- prevented at any time by the operation of any ‘‘(II) an applicant for any broadcast li- dressed by Benedict Rogers, in his May law or rule of law (including res judicata), such cense, permit, certificate, or other instru- 16, 2006, piece in The Wall Street Jour- credit or refund may nevertheless be allowed or ment or authorization issued by the Commis- nal. In that piece, Rogers told of his made if the claim therefor is filed before the sion; and encounter with a 15-year-old Burmese close of the 1-year period beginning on the date ‘‘(ii) determined by the Commission under boy. This youth had witnessed the mur- that such contribution is made (determined paragraph (1) to have broadcast obscene, in- der of both parents and the razing of without regard to paragraph (1)). decent, or profane language, the amount of his village and had endured abduction (B) ASSESSMENT OF DEFICIENCY.—The period any forfeiture penalty determined under this for assessing a deficiency attributable to a con- subsection shall not exceed $325,000 for each into forced labor. He hauntingly plead- tribution to which paragraph (1) applies shall violation or each day of a continuing viola- ed to Rogers ‘[p]lease tell the world not not expire before the close of the 3-year period tion, except that the amount assessed for to forget us.’ The Senate has not for- beginning on the date that such contribution is any continuing violation shall not exceed a gotten Burma and it is my profound made. Such deficiency may be assessed before total of $3,000,000 for any single act or failure hope that the U.N. will not either. the expiration of such 3-year period notwith- to act.’’; and Mr. CHAMBLISS. I ask unanimous standing the provisions of any other law or rule (3) in subparagraph (D), as redesignated by consent that the resolution be agreed of law which would otherwise prevent such as- paragraph (1), by striking ‘‘subparagraph (A) to, the preamble be agreed to, and the sessment. or (B)’’ and inserting ‘‘subparagraph (A), (B), motion to reconsider be laid upon the (3) INDIVIDUAL RETIREMENT PLAN DEFINED.— or (C)’’. For purposes of this subsection, the term ‘‘indi- table. vidual retirement plan’’ has the meaning given f The PRESIDING OFFICER. Without such term by section 7701(a)(37) of such Code. CONDEMNING THE MILITARY objection, it is so ordered. Mr. CHAMBLISS. Mr. President, I JUNTA IN BURMA The resolution (S. Res. 484) was agreed to. ask unanimous consent that the Sen- Mr. CHAMBLISS. Mr. President, I The preamble was agreed to. ate concur in the House amendment, ask unanimous consent that the Sen- the motion to reconsider be laid upon The resolution, with its preamble, ate now proceed to the consideration of reads as follows: the table, and that any statements re- S. Res. 484 which was submitted earlier S. RES. 484 lating to the bill be printed in the today. RECORD. The PRESIDING OFFICER. The Whereas the regime in Burma, the State The PRESIDING OFFICER. Without Peace and Development Council (SPDC), re- clerk will report the resolution by objection, it is so ordered. portedly threatened to abolish the pro-de- title. mocracy National League for Democracy; f The legislative clerk read as follows: Whereas recent reports indicate that the BROADCAST DECENCY A resolution (S. Res. 484) expressing the SPDC escalated its brutal campaign against ENFORCEMENT ACT OF 2005 sense of the Senate condemning the military ethnic groups in November 2005; Whereas reports indicate that the military Mr. CHAMBLISS. Mr. President, I junta in Burma for its recent campaign of terror against ethnic minorities and calling operation has resulted in approximately ask unanimous consent that the Com- on the U.N. Security Council to adopt imme- 13,000 new internally displaced persons in mittee on Commerce be discharged diately a binding, nonpunitive resolution on Burma; from further consideration of S. 193, Burma. Whereas reports estimate that approxi- and the Senate proceed to its imme- There being no objection, the Senate mately 540,000 people are now internally dis- placed within Burma, the most serious inter- diate consideration. proceeded to consider the resolution. The PRESIDING OFFICER. Without nal displacement crisis in Asia; Mr. MCCONNELL. Mr. President, to- objection, it is so ordered. The clerk Whereas the Thailand Burma Border Con- day’s Burma resolution reflects the will report the bill by title. sortium reports that the military junta in The legislative clerk read as follows: Senate’s grave concern about the dete- Burma has destroyed, relocated, or forced the abandonment of approximately 2,800 vil- A bill (S. 193) to increase the penalties for riorating situation in Burma. It also lages in eastern Burma over the past 10 violations by television and radio broad- reflects the view of the Senate that, casters of the prohibitions against trans- while a second United Nations Security years; mission of obscene, indecent, and profane Council briefing on Burma is wel- Whereas refugees continue to pour across language. comed, there now needs to be a legally Burma’s borders; Whereas those forced to flee their homes in There being no objection, the Senate binding, nonpunitive resolution regard- Burma are increasingly vulnerable, and the proceeded to consider the bill. ing Burma passed by the U.N. Security humanitarian situation grows more dire as Mr. CHAMBLISS. Mr. President, I Council. Absent such action, the Asso- the rainy season approaches; ask unanimous consent that the bill be ciation of South East Asian Nations Whereas the United Nations Security read a third time and passed, the mo- could very well end up being tougher Council was briefed on the human rights sit- tion to reconsider be laid upon the on Burma than the U.N. The Senate uation in Burma for the first time ever in table, and that any statements relating has expressed its concern for the plight December 2005; to the measure be printed in the of the Burmese not only through this Whereas United Nations Secretary-General Kofi Annan and Under-Secretary-General for RECORD. resolution but also by recently includ- The PRESIDING OFFICER. Without Political Affairs Ibrahim Gambari acknowl- ing $5 million in the emergency supple- edged the seriousness of the problems in objection, it is so ordered. mental bill to assist refugees from The bill (S. 193) was ordered to be en- Burma, and the Secretary-General’s office Burma who are in Thailand. suggested the first-ever course of action on grossed for a third reading, read the On a related note, I have concerns Burma at the United Nations Security Coun- third time and passed, as follows: about the visit of U.N. envoy, Ibrahim cil at the December 2005 briefing; S. 193 Gambari, to Burma this week. This Whereas numerous efforts outside the Be it enacted by the Senate and House of Rep- visit should not be viewed as a success United Nations Security Council to secure resentatives of the United States of America in reform in Burma, including 28 consecutive Congress assembled, unless and until Mr. Gambari has an non-binding resolutions of the United Na- SECTION 1. SHORT TITLE. audience with Nobel Peace Prize win- tions General Assembly and United Nations This Act may be cited as the ‘‘Broadcast ner, Daw Aung San Suu Kyi and Bur- Commission on Human Rights, have failed to Decency Enforcement Act of 2005’’. mese leader, Than Shwe. Mr. Gambari bring about change;

VerDate Aug 31 2005 04:35 May 19, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A18MY6.041 S18MYPT1 jcorcoran on PROD1PC62 with SENATE May 18, 2006 CONGRESSIONAL RECORD — SENATE S4817 Whereas there is ample precedent in the 19; I further ask that following the ate stand in adjournment under the United Nations Security Council for action prayer and the pledge, the morning previous order. on Burma; and hour be deemed expired, the Journal of There being no objection, the Senate, Whereas Daw Aung San Suu Kyi remains proceedings be approved to date, the at 10:17 p.m., adjourned until Friday, the world’s only incarcerated Nobel Peace Prize recipient: time for the two leaders be reserved, May 19, 2006, at 10 a.m. Now, therefore, be it and the Senate resume consideration of Resolved, That it is the sense of the Sen- S. 2611, the Comprehensive Immigra- f ate— tion Reform Act. (1) to condemn the military junta in The PRESIDING OFFICER. Without NOMINATIONS Burma for its recent campaign of terror objection, it is so ordered. against ethnic minorities; and Executive nominations received by (2) to call on the United States and other f the Senate May 18, 2006: democracies to continue to work with the FEDERAL RESERVE SYSTEM Association of South East Asian Nations to PROGRAM DONALD L. KOHN, OF VIRGINIA, TO BE VICE CHAIRMAN promote democracy, human rights and jus- Mr. CHAMBLISS. As announced this OF THE BOARD OF GOVERNORS OF THE FEDERAL RE- tice in Burma; and SERVE SYSTEM FOR A TERM OF FOUR YEARS, VICE (3) to call on the United States to lead an evening, tomorrow we will continue to ROGER WALTON FERGUSON, RESIGNED. effort at the United Nations Security Coun- work on the bill, but we will not have SECURITIES AND EXCHANGE COMMISSION any rollcall votes during Friday’s ses- cil to pass immediately a binding, non-puni- KATHLEEN L. CASEY, OF VIRGINIA, TO BE A MEMBER tive resolution calling for the immediate and sion. The next rollcall votes will occur OF THE SECURITIES AND EXCHANGE COMMISSION FOR A unconditional release of Daw Aung San Suu on Monday afternoon. At this point, we TERM EXPIRING JUNE 5, 2011, VICE CYNTHIA A. GLASS- MAN, RESIGNED. Kyi and all other prisoners of conscience in have two votes locked in for 5:30 Mon- Burma, condemning these atrocities, and day. We will be in session tomorrow to THE JUDICIARY supporting democracy, human rights and continue this constructive debate. BOBBY E. SHEPHERD, OF ARKANSAS, TO BE UNITED justice in Burma. STATES CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT, VICE MORRIS S. ARNOLD, RETIRING. f f KIMBERLY ANN MOORE, OF VIRGINIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT, ORDERS FOR FRIDAY, MAY 19, 2006 ADJOURNMENT UNTIL 10 A.M. VICE RAYMOND C. CLEVENGER, III, RETIRED. Mr. CHAMBLISS. Mr. President, I TOMORROW DEPARTMENT OF JUSTICE ask unanimous consent that when the Mr. CHAMBLISS. If there is no fur- MARTIN J. JACKLEY, OF SOUTH DAKOTA, TO BE UNITED Senate completes its business today, it ther business to come before the Sen- STATES ATTORNEY FOR THE DISTRICT OF SOUTH DA- KOTA FOR THE TERM OF FOUR YEARS, VICE STEVEN adjourn until 10 a.m. on Friday, May ate, I ask unanimous consent the Sen- KENT MULLINS.

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FOREST EMERGENCY RECOVERY Mr. UDALL of Colorado. Madam Chairman, FOREST EMERGENCY RECOVERY AND RESEARCH ACT I cannot support this bill in its current form. AND RESEARCH ACT

SPEECH OF H.R. 4200 focuses on actions to be taken SPEECH OF after a ‘‘catastrophic event,’’ defined as any HON. JOHN B. LARSON one of various natural disasters or events. HON. CHRISTOPHER SHAYS OF CONNECTICUT OF CONNECTICUT For Colorado, this misses the point—our IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES most pressing issue is the increased likelihood Wednesday, May 17, 2006 of severe wildfires that endanger human life Wednesday, May 17, 2006 The House in Committee of the Whole and property (and municipal water supplies) The House in Committee of the Whole House on the State of the Union had under House on the State of the Union had under consideration the bill (H.R. 4200) to improve resulting from a combination of increased fuel stocks (itself the result of various causes, in- consideration the bill (H.R. 4200) to improve the ability of the Secretary of Agriculture the ability of the Secretary of Agriculture and the Secretary of the Interior to prompt- cluding past fire-suppression policies), and the Secretary of the Interior to prompt- ly implement recovery treatments in re- drought, and widespread insect infestations. ly implement recovery treatments in re- sponse to catastrophic events affecting Fed- So, what we need is accelerated action to sponse to catastrophic events affecting Fed- eral lands under their jurisdiction, including eral lands under their jurisdiction, including the removal of dead and damaged trees and reduce hazardous fuels in the ‘‘red zones’’ be- the removal of dead and damaged trees and the implementation of reforestation treat- fore the communities that adjoin or intermingle the implementation of reforestation treat- ments, to support the recovery of non-Fed- with the forests are confronted with severe ments, to support the recovery of non-Fed- eral lands damaged by catastrophic events, wildfires—not legislation that aims at speeding eral lands damaged by catastrophic events, to revitalize, Forest Service experimental to revitalize Forest Service experimental forests, and for other purposes: salvage or restoration after the damage has forests, and for other purposes: been done. Mr. LARSON of Connecticut. Madam Chair- Mr. SHAYS. Madam Chairman, protecting man, I regret that I could not be present today The bill also has serious flaws. I will not at- our environment is one of the most important because of a family medical emergency and I tempt to list them all, because they have been jobs I have as a Congressman. Unfortunately, am in opposition to the Forest Emergency Re- discussed fat length in today’s debate. But I the legislation before us today would hurt, covery and Research Act (H.R. 4200). think it is worth emphasizing that while it is rather than protect, our forests by speeding up This bill misses the point. In the face of the doubtful that the legislation is necessary any- destructive logging projects in national forests President’s drastic budget cuts to State and impacted by natural disturbances. local wildfire assistance programs, including a where it seems clear that there are certain lands to which it should not apply, including H.R. 4200 would limit critical environmental 30 percent cut in the State Fire Assistance reviews and excludes the public from the deci- (1) National Conservation Areas and National program, which directly funds local community sion making process. Basic protections for Recreation Areas; (2) lands that have been fire risk reduction planning and projects, this streams, critical wildlife habitat, old growth for- bill seems wholly inappropriate. Instead of pro- recommended for wilderness by the President; ests, roadless areas, fragile soils, and other viding the necessary tools to mitigate future (3) wilderness study areas; (4) BLM-des- essential natural resources would be removed fires to the 11,000 high risk communities ignated areas of critical environmental con- under this legislation. around the country threatened by wildfires, cern; (5) lands recommended for wilderness in Science suggests logging harms damaged this bill ‘‘expedites’’ or ‘‘streamlines’’ the timber a Forest Service or BLM land-management forests and impedes their recovery, and can salvage process for the logging industry fol- plan; (6) the Fossil Ridge Recreation Manage- actually increase the likelihood and severity of lowing a catastrophic event. It is unnecessary ment Area in Colorado; (7) the Bowen Gulch future forest fires. A study by researchers at and unwise to weaken existing laws meant to Protection Area in Colorado; (8) the Piedra, Oregon State University has shown allowing protect public participation and the environ- forests to recover naturally after a fire in- ment, when the authority and ability to recover Roubideau, and Tabeguache Areas in Colo- rado; (9) the James Peak Protection Area in creases forest regeneration and decreases the and restore forests after fires, floods, or other risk of future fires. Colorado; and (10) the Arapaho National disasters is not being prevented. Our commu- I urge my colleagues to oppose this legisla- nities deserve better. I urge my colleagues to Recreation Area in Colorado. Further, I think tion. Congress can and must do a better job oppose the underlying bill. the bill should include language to make clear protecting our environment. We simply will not f that it will not change the requirement of sec- have a world to live in if we continue our ne- FOREST EMERGENCY RECOVERY tion 103(d) of the Healthy Forests Restoration glectful ways. AND RESEARCH ACT Act, which requires that at least 50% of the f fuel-reduction funds must be used for projects FOREST EMERGENCY RECOVERY SPEECH OF in the wildland-urban interface—the ‘‘red AND RESEARCH ACT HON. MARK UDALL zone’’ lands. OF COLORADO In the Resources Committee, I offered an SPEECH OF IN THE HOUSE OF REPRESENTATIVES amendment to make those changes, and also HON. FORTNEY PETE STARK supported amendments offered by other Mem- Wednesday, May 17, 2006 OF CALIFORNIA bers. Unfortunately, those amendments were The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES not adopted. House on the State of the Union had under Wednesday, May 17, 2006 consideration the bill (H.R. 4200) to improve Similarly, I voted for the Rahall, DeFazio, the ability of the Secretary of Agriculture Inslee, and Udall of New Mexico amendments The House in Committee of the Whole and the Secretary of the Interior to prompt- House on the State of the Union had under ly implement recovery treatments in re- when the House considered the bill earlier consideration the bill (H.R. 4200) to improve sponse to catastrophic events affecting Fed- today. the ability of the Secretary of Agriculture eral lands under their jurisdiction, including Regrettably, however, the House did not and the Secretary of the Interior to prompt- the removal of dead and damaged trees and ly implement recovery treatments in re- the implementation of reforestation treat- agree to revise the bill as proposed in those sponse to catastrophic events affecting Fed- ments, to support the recovery of non-Fed- amendments. And because I think the bill eral lands under their jurisdiction, including eral lands damaged by catastrophic events, should not be enacted without those changes, the removal of the dead and damaged trees to revitalize Forest Service experimental I must vote against it. and the implementation of reforestation forests, and for other purposes: treatments, to support the recovery of non-

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

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.001 E18MYPT1 ycherry on PROD1PC64 with REMARKS E870 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2006 Federal lands damaged by catastrophic entrepreneurial spirit and innovation in milk stitution is celebrating its 90th anniversary this events, to revitalize Forest Service experi- production are remarkable. I commend them month, and I salute its remarkable success in mental forests, and for other purposes: for the achievement and I am honored to rep- working to achieve fairness, equity and inclu- Mr. STARK. Madam Chairman, I rise today resent them in the United States Congress. sion for all New Yorkers. in opposition to H.R. 4200, the Forest Emer- f Since its founding in 1915 by suffragists and gency Recovery and Research Act. social reformers, the Women’s City Club of Rather than aid in a speedy recovery after IN HONOR OF BOB GRIES RECIPI- New York has drawn upon the skills and quali- a natural disaster, this bill is itself a disaster ENT OF THE CLEVELAND fications of its pool of volunteers to identify, for the environment. SPEECH AND HEARING CENTER’S analyze and increase awareness of current Forestry experts have repeatedly expressed INAUGURAL DANIEL D. DAUBY and emerging trends in public policy, develop concern about the harmful effects of salvage AWARD a carefully reasoned platform on key issues, logging, yet Republicans choose to ignore and educate and empower the public at large sound science and insist on implementing en- HON. DENNIS J. KUCINICH through a variety of informational programs vironmentally irresponsible logging policies. OF OHIO and publications. Its membership works in Contrary to what Republicans and their cam- IN THE HOUSE OF REPRESENTATIVES concert with advocacy and community based paign contributors in the logging industry organizations to effect meaningful change for Thursday, May 18, 2006 would like you to believe, research shows that the better in our government! and our society. post-fire logging actually impedes forest re- Mr. KUCINICH. Mr. Speaker, I rise today in From its origins in women’s suffrage move- generation, causes erosion and degrades honor and recognition of Bob Gries, upon ment, Women’s City Club members have hon- water quality. being named the recipient of the 2006 Daniel ored women’s hard-fought right to vote by As if facilitating the destruction of forests D. Dauby Award, presented annually by the helping the public become more informed and wasn’t enough, this bill also weakens existing Cleveland Hearing and Speech Center of better educated about the political and govern- laws meant to protect our entire environment. Cleveland, Ohio. mental issues of the day. Throughout the long In the case of a catastrophic event, H.R. 4200 Since the 1930s, Mr. Gries and his family and proud history of the Women’s City Club, allows for the removal of timber salvage while have been unwavering champions of support its members have fulfilled a critical mission by ignoring the National Environmental Protection and advocacy for individuals and families who helping New Yorkers understand and scruti- Act, the Clean Water Act, and key provisions are impacted by hearing, speech and deaf- nize all aspects of their municipal government of the Endangered Species Act. ness issues. His leadership and volunteerism and to become active in policy debates and The exemptions contained in this bill are en- is evidenced throughout our Cleveland com- the political process. The Women’s City Club tirely unnecessary. The Forest Service is cur- munity, especially in the outstanding pro- also achieved remarkable success in edu- rently completing the removal of timber sal- grams, services and awareness campaigns cating and enlightening elected officials, thus vage, on national forests impacted by Hurri- that originate from the Cleveland Hearing and playing an instrumental role in shaping re- cane Katrina with existing environmental Speech Center. sponsible government and public policies. guidelines and authorities for such practices. The Gries and Dauby families are con- Today, Women’s City Club members con- H.R. 4200 isn’t needed and it is merely an- nected not only by bloodline, but also by their tinue to effect change at the city, State and other attempt by Republicans to dismantle collective sense of commitment to community Federal levels. Its members informed engage- landmark environmental laws. involvement. Daniel Dauby, for whom the ment has earned the Women’s City Club the Finally, H.R. 4200 provides no protection for award is named, was born deaf. His father respect of the government officials, opinion- roadless areas, nation recreation areas, na- was Nathan L. Dauby, general manager for makers in the news media, and civic activists tional conservation areas or wilderness study the former downtown May Company Depart- of all stripes. Members of the Women’s City areas, thus putting many of our valuable pub- ment Store, a position he held for nearly 50 Club of New York have rightly been dubbed lic lands at risk. years. Mr. Gries is the nephew of Daniel reasoned citizen-advocates who know the way I believe we have more reason to be con- Dauby, and his work serves to keep Daniel’s to City Hall. cerned about the damage this bill will cause legacy alive and relevant to the thousands of Today, the Women’s City Club is ably led by than the potential damage caused by actual individuals whose challenging world is filled its president, Blanche E. Lawton, and its oper- natural disasters. H.R. 4200 is nothing short of with hope, joy and the potential to soar far ations effectively managed by Paulette disastrous for our national forests and public above the walls of silence. Geanacopoulos, LMSW. Through its network lands and I urge my colleagues to vote Mr. Speaker and Colleagues, please join me of committees and task forces, the Women’s against it. in honor, recognition and gratitude of Mr. Bob City Club continues to educate and inform its f Gries, up in being named the Daniel D. Dauby members and the public at large and help Award recipient. Mr. Gries’ unwavering com- keep New York’s municipal government a role RECOGNIZING LEROY AND mitment and volunteerism, focused on advanc- model for cities around the Nation. BARBARA SHATTO ing the services and programs offered at the Mr. Speaker, I ask that my distinguished Cleveland Speech and Hearing Center, con- colleagues join me recognizing the enormous HON. SAM GRAVES tinues to have a profound and positive impact contributions to the civic life of our Nation’s OF MISSOURI on the lives of children, adults and their fami- greatest metropolis by the Women’s City Club IN THE HOUSE OF REPRESENTATIVES lies who face daily challenges in a hearing of New York. world, giving them the practical resources to Thursday, May 18, 2006 f dream, achieve and succeed. I wish Mr. Gries Mr. GRAVES. Mr. Speaker, I proudly pause and his entire family an abundance of health, WOMEN IN THE IRAQ WAR: A DIF- to recognize Leroy and Barbara Shatto of peace and happiness, today and always. FERENT KIND OF MOTHER’S DAY Osborn, Missouri. They are the owners of f Shatto Farms Milk Company, a family owned HON. CHARLES B. RANGEL IN RECOGNITION OF THE WOMEN’S and operated business in Northern Missouri. OF NEW YORK CITY CLUB OF NEW YORK ON Recently, Leroy was selected as the 2006 IN THE HOUSE OF REPRESENTATIVES Missouri Small Business Person of the Year THE OCCASION OF ITS 90TH AN- by the United States Small Business Adminis- NIVERSARY Thursday, May 18, 2006 tration. Mr. RANGEL. Mr. Speaker, I rise to enter Through hard work and the assistance of a HON. CAROLYN B. MALONEY into the RECORD an article published in the Small Business Administration loan, the Shatto OF NEW YORK Washington Post of April 18, 2006 ‘‘Limbs family has developed a very successful busi- IN THE HOUSE OF REPRESENTATIVES Lost to Enemy Fire, Women Forge a New Re- ness. The Shatto Farms Milk Company pro- ality’’ and to offer my heartfelt gratitude and duces ‘‘pure’’ milk with no added hormones, in Thursday, May 18, 2006 good wishes on Mother’s Day to the women a variety of flavors. The milk has grown quick- Mrs. MALONEY. Mr. Speaker, I rise to pay serving in the United States Armed Forces ly in popularity and is available in local grocery tribute to the Women’s City Club of New York, who have fought in Iraq and Afghanistan and stores in Missouri and Kansas. a non-partisan, non-profit civic association that come home with life-changing physical or Mr. Speaker, I proudly ask you to join me in shapes public policy through teaching, advo- mental injuries. Some of these women might recognizing Leroy and Barbara Shatto. Their cacy and citizen engagement. This august in- not be mothers themselves yet; some may

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.006 E18MYPT1 ycherry on PROD1PC64 with REMARKS May 18, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E871 never enjoy the precious gift of motherhood ‘‘Surprising many political observers, the fact transformed June 19, 2004, on a night patrol because of their injuries, but they all have of female casualties has produced little public through Baqubah, Iraq. Out of nowhere had mothers. I send the mothers of injured female reaction. Before Iraq, many assumed that the come the rocket-propelled grenade, explod- troops a wish for the speedy recovery of your sight of women in body bags or with missing ing behind her head. child and for a healing of your heart. limbs would provoke a wave of public revul- Another soldier’s arm was sheared off. For the mothers of women who have died in sion.’’ Yet the Post quotes Charles Moskos of Blood was everywhere. combat I offer my humble apology and heart- Northwestern University, a leading military so- ‘‘Get us out of the kill zone!’’ she yelled to felt sorrow. Your grief as a mother is more ciologist: According to Moskos, ‘‘The country the Humvee driver. She was a 24-year-old than I can ever understand but I grieve with has not been concerned about female casual- first lieutenant, a platoon leader who two you and for this Nation. The loss of your child, ties.’’ Moskos goes on to say, politically the months earlier had led her unit in repulsing a brave woman and a blessing you delivered issues of female casualties ‘‘are a no-win polit- a six-hour attack on a police station in to this country is a loss to us all. ical issue. Conservatives fear it will undermine Diyala province. As medics worked to sta- bilize her, she warned: ‘‘You bastards better I wished to enter the particular article I cite support for the war if they speak out about not cut my arm off.’’ above about women amputees because it is wounded women, and liberals worry they will not widely enough known that the Iraq war is jeopardize support for women serving in com- In the hospital, there had been no other the first to make amputees of women in com- bat roles by raising the subject.’’ way to save her life. bat. The story in the Washington Post is sub- In a section of the article entitled Mother- At first, in the early days, she tried to ig- titled ‘‘Women After War: The amputees.’’ hood Redefined, the Post article tells the story nore the burns on her face, her wounded The Post features the story of Dawn of Juanita Wilson, a mother of a 6-year-old right shoulder, the fact of her missing arm. Halfaker, a 26-year-old retired Army Captain, girl. Ms. Wilson returned from Iraq with her left She had been a basketball standout at West Point, a starting guard through four years of whose right arm and shoulder were ravaged arm in bandages and her hand gone. At first college. She was fit, young, energetic. by a rocket propelled grenade that exploded in she did not want to see her daughter but her Humvee in 2004. According to the Post, would only talk to her by telephone. It was 4 Suddenly, she was a disabled veteran of she was one of the newest soldiers ‘‘To start weeks before Ms. Wilson would allow her hus- war. down a path almost unknown in the United band and daughter to visit her. For this visit, ‘‘I didn’t want to know what I looked States: woman as combat amputee.’’ she insisted the nurse help her with makeup like,’’ she recalled recently. She asked her Retired Captain Halfaker underwent multiple and stow her IV in a backpack for an outing mother to get a towel and cover the mirror surgeries, learned to eat on her own and write to Chuck E. Cheese. When she finally was in her hospital room. with her left hand. ‘‘She was part of a new home, she was disturbed to learn she could NEW TERRAIN, NEW PERILS generation of women who have lost pieces of not make her daughter a sandwich. themselves in war, experiencing the same My Mother’s Day wish for our female troops The Iraq war is the first in which so many physical trauma and psychological anguish as women have had so much exposure to com- is that you come home soon, safe and to the bat—working in a wide array of jobs, with their male counterparts.’’ life you dreamed of and if you are changed, long deployments, in a place where hostile But there is a difference from male ampu- you find the political will of your country has fire has no bounds. In all, more than 370 tees for these women who have lost limbs in made your return as comfortable and satis- women have been wounded in action and 34 combat. They do not know how society will fying as possible. You deserve no less. have been killed by hostile fire. view them as society has never experienced [From the Washington Post, Apr. 18, 2006] The war has created what experts believe female amputees. They do not know how they LIMBS LOST TO ENEMY FIRE, WOMEN FORGE A is the nation’s first group of female combat will view themselves. Body image is an impor- NEW REALITY amputees. ‘‘We’re unaware of any female am- tant part of every female child, teenager and (By Donna St. George) putees from previous wars,’’ said historian woman in this country, more so and differently Judy Bellafaire of the Women in Military than it is for men. Society knows women will Her body had been maimed by war. Dawn Service for America Memorial Foundation, starve themselves to be ‘‘thin’’ because a thin Halfaker lay unconscious at Walter Reed which researches such issues. Army Medical Center, her parents at her body is important. They undergo implants, bedside and her future suddenly unsure. A Surprising many political observers, the botox injections, and plastic surgery to make rocket-propelled grenade had exploded in her fact of female casualties has produced little sure they look like society’s favorite model or Humvee, ravaging her arm and shoulder. public reaction. Before Iraq, many assumed celebrity. Girls in their teens are susceptible to In June 2004, she became the newest soldier that the sight of women in body bags or with life threatening bulimia and anorexia for fear of to start down a path almost unknown in the missing limbs would provoke a wave of pub- ‘‘getting fat.’’ United States: woman as combat amputee. lic revulsion. On April 18, 2006, when the Washington It was a distinction she did not dwell on ‘‘On the whole, the country has not been Post published the story about women ampu- during days of intense pain and repeated sur- concerned about female casualties,’’ said tees, the numbers were ‘‘small.’’ In 3 years of geries or even as she struggled to eat on her Charles Moskos of Northwestern University, war there were only 11 female amputees. On own, write left-handed and use an artificial a leading military sociologist. Politically, limb. But scattered among her experiences Moskos said, it is a no-win issue. Conserv- that same date there were 350 male ampu- were moments when she was aware that few tees. atives fear they will undermine support for women before her had rethought their lives, the war if they speak out about wounded Dawn Halfaker was on night patrol in their bodies, their choices, in this particular women, and liberals worry they will jeop- Baqubah, Iraq on June 19, 2004, when her way. ardize support for women serving in combat vehicle was hit. Another soldier’s arm was She was part of a new generation of women roles by raising the subject, he said. sheared off in the same accident and went fly- who have lost pieces of themselves in war, experiencing the same physical trauma and In the hospital, female combat amputees ing past her head. As the medics worked to face all the challenges men do—with a few stabilize her, she warned them not to cut off psychological anguish as their male counter- parts. But for female combat amputees has possible differences. Women, for example, her arm. She had been a strong athlete, a come something else: a quiet sense of wonder seem to care more about appearance and be basketball standout at West Point, a starting about how the public views them and how more expressive about their experiences, guard through 4 years of college. When she they will reconcile themselves. hospital staff members said. Among the was at Walter Reed, she did not want to know Their numbers are small, 11 in 3 years of women, there also was ‘‘a unique under- what she looked like. She asked her mother to war, compared with more than 350 men. They standing or bond,’’ said Capt. Katie cover the mirror in her room with a towel. are not quite a band of sisters, but more a Yancosek, an occupational therapist at Wal- ter Reed. One of the more shocking aspects reported chain of women linked by history and experi- by this article in the Washington Post is the ence and fate—one extending herself to an- The advent of female combat amputees has following information from historian Judy other who then might offer something for left an enduring impression on many hos- the next. Bellafaire of the Women in Military Service for pital staff members. ‘‘We have learned not to They have discovered, at various points of underestimate or be overly skeptical about America Memorial Foundation, which re- their recovery, that gender has made a dif- how these women will do,’’ said Amanda searches such issues. Ms. Bellafaire is quoted ference—‘‘not better or worse,’’ as Halfaker Magee, a physician’s assistant in the ampu- as saying: ‘‘We’re unaware of any female am- put it, ‘‘just different.’’ tee care program. ‘‘Sometimes they arrive in putees from previous wars.’’ More shocking For Halfaker, an athlete with a strong really bad shape, and people are really wor- still is the report from the Post that follows: sense of her physical self, the world was ried. . . . But we’ve learned they can move

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.010 E18MYPT1 ycherry on PROD1PC64 with REMARKS E872 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2006 on from a devastating injury as well as any trouble: Wilson was in uniform, almost ready Lately, she works at an office in Arlington, man.’’ for work, but she needed help with her hair. mostly as a consultant to the Defense Ad- MOTHERHOOD REDEFINED Wilson sat on a chair as Kenyah brushed vanced Research Projects Agency. She has Two months after Dawn Halfaker was gently, and then brought her mother’s hair applied to graduate school in security stud- wounded, Juanita Wilson arrived on a up in a bun. She is ‘‘a happy helper,’’ Wilson ies, bought a condo in Adams Morgan and co- stretcher at Walter Reed, her left arm in said. wrote a book proposal about postwar recov- bandages, her hand gone. It was August 25, The girl, now 7, tells all her friends about ery. 2004, just days after a roadside bomb went off ‘‘handie,’’ as she has nicknamed Wilson’s ar- To get to this new place, Halfaker has under Wilson’s Humvee. She came to the tificial limb. ‘‘My daughter is definitely not made all sorts of adjustments. She types on hospital as the Iraq war’s fourth female com- bashful about telling anybody,’’ Wilson said. a computer one-handed. Drive a car with a bat amputee—the first who was a mother. ‘‘She tells other kids at school. Kids don’t push-button ignition. Uses her knees to hold From the beginning, Wilson decided she judge you. They think it’s the coolest thing steady a peanut butter jar she wants to open. did not want her only child to see her so that I have a robotic arm.’’ To write a note or a letter, she learned to use wounded. She talked to the 6-year-old by But Wilson continues to shield her daugh- her left hand, practicing nightly at Walter phone. ‘‘Mommy’s okay,’’ she assured the ter from the discomfort and anguish of her Reed as she penned her thoughts in a jour- girl. ‘‘What are you doing at school now?’’ injury. ‘‘I didn’t want to take her childhood nal. It was only after four weeks that Wilson away. That’s my focus—that she is happy ‘‘You don’t think about how many times allowed her husband and child to travel from and enjoying life and not thinking about me. you have a lot of things in your hands, like Hawaii, where the family had been stationed, She’ll ask me questions, and I’ll say, ‘Oh for me just carrying my coffee from cafe for a visit. By then, Wilson was more mobile. that’s not for children to worry about’’’ downstairs up to my office on the seventh She asked a nurse put makeup on her face, On that winter morning, Wilson had al- floor is a total battle every day,’’ she said. stowed her IV medications into a backpack ready tied her combat boots, her right hand She has to hold the coffee cup, scan her iden- she could wear and planned an outing to doing most of the work and her prosthetic tification badge, open doors, press elevator Chuck E. Cheese’s. holding the loop before it is tied. ‘‘I want it buttons. Sometimes she spills. Sometimes ‘‘Mommy, I’m sorry you got hurt,’’ her to be known that just because you’re a fe- the coffee burns her. daughter, Kenyah, said when she arrived, male injured in combat, you don’t have to In her apartment, Halfaker bends and hugging her. And then: ‘‘Mommy, I thought give up your career and you don’t have to stretches into yoga poses, her artificial arm you died.’’ look at yourself as disabled,’’ she said. lying beside the mirror. More functional The sort of mother who mailed her daugh- She added: ‘‘I haven’t met any female sol- prosthetics did little good for her type of in- ter penmanship exercises and math problems dier yet who feels she shouldn’t have been jury, she found. So she persuaded prosthetic from the war zone, Wilson wanted Kenyah to there.’’ artists at Walter Reed to make this one— stay focused on school and the ordinary con- How the world sees war-wounded women lightweight and natural-looking, easier on cerns of being 6. ‘‘I wanted it to be like I was like her, she said, is a little harder to pin- her body, allowing her to blend in with the going to be okay when she saw me,’’ said point. outside world. Wilson, 32. ‘‘When you’re in Walter Reed, you’re in a Halfaker goes without a prosthetic when Changes revealed themselves one at a time. bubble. I could walk around with my arm off. she is exercising, jogging through the streets Wilson remembered that her daughter eyed It’s acceptable. Everyone there knows. . . . of Washington or snowboarding in Colorado a plate of croissants in the hotel-like room But when you walk out that gate, it’s a or lobbing tennis balls around a court. where the family stayed at Walter Reed that whole different world. No one knows what ‘‘I never really wanted to hide the fact first time they were together again. The I’ve been through, no one probably cares, and that I was an amputee,’’ she said, ‘‘but I child asked her mother for a sandwich. to avoid all of that, I never come outside never wanted it to be the central focus of my ‘‘I realized, ‘Oh, I can’t even make a sand- without my [prosthetic] arm. Never.’’ life.’’ For some men, she said, it seems a wich,’’’ she said. ‘‘It was a hurting feeling, Wilson added, ‘‘I have noticed that when badge of honor that they do not mind show- your kid asking you to make her a sandwich you’re a female walking around as an ampu- ing. ‘‘For a woman, at least for me, it’s not and you’re saying, ‘You’ll have to make your tee, everybody’s mouth drops.’’ at all. . . . The fact that I only have one arm, own sandwich’ to a 6-year-old.’’ Lately, she has set new career goals, aim- I’m okay with that, but I want to be able to In November 2004, she heard that a female ing high, perhaps even for the Army’s top en- walk around and look like everyone else and pilot had just been shot down in her Black listed job. She listened with glee to the news not attract attention to myself. ‘‘ Hawk helicopter in Iraq. Within days, that Tammy Duckworth—at whose bedside Last year, a guy she met on the Metro Tammy Duckworth arrived at the hospital she had prayed—had decided to run for Con- asked her out, saying that he thought she missing both legs, her right arm in jeopardy. gress in Illinois. was pretty. She agreed to meet him for lunch She lay in a coma, her husband and parents Soon after she learned about her friend’s but felt nervous about mentioning her miss- at her bedside. ‘‘You care about everybody, new political life, she called Duckworth, ing limb. It turned out that he was no less but somehow amputees connect to ampu- joked that she would serve as her assistant interested, she said. In the fall, she started tees,’’ Wilson said, especially if they are in Congress, and then reflected: ‘‘It defi- dating an Army anesthesiologist, to whom women. ‘‘It was a big deal to me,’’ she said. nitely says the sky is the limit.’’ she has become close. He is deployed in Iraq. Wilson headed to the pilot’s room to sit As a woman in her twenties, ‘‘I want to with her family. She found herself returning SCARS FARTHER FROM THE SURFACE look as good as I can look,’’ she acknowl- to Duckworth’s bedside again and again—ar- Long out of Walter Reed, Dawn Halfaker is edged. ‘‘I think that’s very much a female ranging her get-well cards, decorating her also deeply into a life remade. It has been 17 perspective, based on the roles that society room, kissing the top of her head. One day, months since she was wounded, and her fa- vorite yoga tape is playing on a small VCR has put men and women in.’’ when Duckworth, now 37, was conscious, Wil- Even more, she said, ‘‘I don’t want to be son rolled up her sleeve to reveal her own in an apartment in Adams Morgan. Halfaker barely seems to notice her image, which once known for being one-armed. I want to be amputated arm. known for whatever it is I do in my life.’’ In a soft voice, Wilson said, she reassured was difficult to bear and is now reflected her that another soldier was with her now. back at her from a large mirror: red hair and f Wilson told her she could not imagine ex- trim, athletic build, one arm extended per- actly how she felt but that she cared deeply. fectly above her head. RECOGNIZING LIEUTENANT She could not hold the pilot’s hand because In place of her missing limb is a T-shirt COLONEL DEWAYNE L. KNOTT Duckworth was too injured. sleeve, empty, hanging. Following along Instead, Wilson stroked her hair. with the yoga tape, Halfaker visualizes that HON. SAM GRAVES THE SKY IS THE LIMIT she still has a right arm; it helps her bal- OF MISSOURI By mid-2005, Juanita Wilson was back to ance. IN THE HOUSE OF REPRESENTATIVES the rhythms of daily life with her husband She retired from the Army as a captain— and daughter. The couple bought a house in a tough choice only four years out of West Thursday, May 18, 2006 the suburbs of Baltimore. She took a new job Point, but one she made as she tried to imag- with the Army, is a staff sergeant and is up ine fitting back into military culture. With- Mr. GRAVES. Mr. Speaker, I proudly pause for a promotion. out her arm, she could no longer do push-ups, to recognize Lieutenant Colonel Dewayne L. At 6:30 one winter morning, Wilson was tie her combat boots, tuck her hair neatly Knott of St. Joseph, Missouri. He has served cooking Cream of Wheat on her stovetop— under a beret. most recently as the Vice Commander of the taking great care to pour with her prosthetic She still has friends in Iraq, although one 139th Medical Group of the Air National Guard and stir with her other arm. In her life as a was killed in December. But the Bronze Star based in St. Joseph. After 37 years of distin- woman, a mother and a wife, there are limits that she was awarded last year for her role at the Diyala police station is tucked away guished service, Lieutenant Colonel Knott is she once didn’t face and could not even imag- retiring from the Missouri Air National Guard. ine. in a box. That day, she was in charge of 32 ‘‘Kenyah,’’ Wilson called. soldiers during the sustained firefight, tak- The Lieutenant Colonel began his years of When the child came down the stairs in ing a position on the roof with a grenade service in March of 1969 as an enlisted mem- bright pink pajamas, she saw her mother’s launcher, then quelling a jail riot. ber of the United States Air Force. He served

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.013 E18MYPT1 ycherry on PROD1PC64 with REMARKS May 18, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E873 dutifully in Kuwait during Desert Storm oper- hood. This bill will preserve their traditional, RECOGNIZING LARRY L. HARPER ations in 1991 and in Iraq during Operation cultural and historic use of these lands and fa- Iraqi Freedom from 2003 to 2004. He was re- cilitate the continued access of pack and sad- HON. SAM GRAVES cently decorated with Valor for his duty in Iraq. dle stock animals on parts of National Park OF MISSOURI Mr. Speaker, I proudly ask you to join me in System, Bureau of Land Management lands, IN THE HOUSE OF REPRESENTATIVES recognizing Lieutenant Colonel Dewayne L. National Wildlife Refuge lands and the U.S. Knott. His many years of distinguished service Forest System. This legislation will also en- Thursday, May 18, 2006 and commitment to serving his country have sure that any proposed reduction of these Mr. GRAVES. Mr. Speaker, I proudly pause been an inspiration. I commend him for his uses will undergo the full review process re- to posthumously recognize Larry L Harper of service and I am honored to represent him in quired under the National Environmental Pol- St. Joseph, Missouri. Mr. Harper was an out- the U.S. Congress. icy Act of 1969. standing Missourian with a passion for flying f Defining managed recreation of this histor- and his love of flying has remained an inspira- tion long after his passing. That passion will TRIBUTE TO TINA FALLON ical practice within our national forests is crit- ical in recognizing the cultural contributions be memorialized by a statue, The Aviator, HON. MICHAEL N. CASTLE and precedent of pack and saddle stock in our commissioned by his wife Carolyn and placed public lands above simple recreational use. at Rosecrans Memorial Airport in St. Joseph, OF DELAWARE Missouri. IN THE HOUSE OF REPRESENTATIVES In my congressional district in Tennessee, I Larry’s love of flying began at a young age, Thursday, May 18, 2006 have spoken with many of my constituents he would hang around the Rosecrans Airport whose families have spent generations riding Mr. CASTLE. Mr. Speaker, it is with great offering to wash and fuel planes in exchange horseback through our National Forest trails. for flying lessons. While working as a me- honor and pleasure that I rise today to pay Especially in this age of the internet, television tribute to State Representative Tina Fallon, chanic, Larry eventually earned his pilots li- and video games, it is vital that we enhance cense. He logged over 30,000 hours in flight who after 28 years of service, has chosen not opportunities for people of all ages to come to seek another term in the State House of over 40 years of flying for four different com- and engage in outdoor activities in America’s panies in aircraft ranging from Aircoupes to Representatives. This extraordinary woman is backyard. certainly a valuable asset to the State of Dela- Lear Jets. His last flight came just one week ware as well as being a friend to all. She has I believe that horse and saddle stock hold a before his passing, as he jumped at the op- been described as not only a benevolent and unique place in our heritage. We must pass portunity to fly a Lear 55, every flight was a accomplished citizen, but also an admirable this bill to ensure its historical preservation special flight for him. leader. A fixture of her beloved Seaford-area and continued enjoyment as a national pas- Mr. Speaker, I proudly ask you to join me in district, she truly is a distinguished Dela- time. recognizing Larry L Harper. He was a pilot whose passion for the skies inspired the many warean. I want to thank the sponsor of this legisla- people whom he met. He has been missed, In addition to raising four sons with her late tion for his support of this important issue and but his love of flying will never be forgotten husband, James Fallon, she spent three dec- hope that all members can support this legis- and the commitment of his beloved wife Caro- ades as a Seaford School District biology lation. teacher. While there, she shared her love of lyn ensures that all who come to Rosecrans Airport will know his passion. I commend him education with young people. Upon her retire- f ment from teaching in 1978, she turned her at- for his spirit and commitment to aviation and tention to politics, offering Delaware another TRIBUTE TO MRS. PEGGY REIPSA I was honored to represent him in the United three decades of amicable and selfless serv- ON HER RETIREMENT FROM States Congress. ice. Additionally, she served as a member of ORLAND PARK SCHOOL DISTRICT f the influential Joint Finance Committee. 135 IN HONOR OF THE GREATER After 14 consecutive terms in office, Rep- CLEVELAND PEACE OFFICERS resentative Fallon is well recognized and re- MEMORIAL SOCIETY spected by her constituents. She has received HON. JUDY BIGGERT numerous honors during both her political and OF ILLINOIS professional tenure. In 1998, then Gov. Thom- HON. DENNIS J. KUCINICH as R. Carper declared her as the ‘‘Travel and IN THE HOUSE OF REPRESENTATIVES OF OHIO Tourism Person of the Year,’’ honoring her IN THE HOUSE OF REPRESENTATIVES dedication to promoting and developing the Thursday, May 18, 2006 Thursday, May 18, 2006 state’s tourism industry. In that same year, the Mrs. BIGGERT. Mr. Speaker, I rise today to Mr. KUCINICH. Mr. Speaker, I rise today in National Republican Association recognized congratulate Mrs. Peggy Reipsa on the occa- honor, recognition and remembrance of the her as a Legislator of the Year. Clearly, the sion of her retirement from Orland School Dis- men and women of our local law enforcement service offered by Representative Fallon has trict 135. On June 30, 2006, Mrs. Reipsa will agencies who have made the ultimate sac- been a vital attribute to innumerable causes. be stepping down after 34 years of distin- rifice in the line of duty and every police officer I congratulate State Representative Tina guished service to the young people of Orland who braves daily peril in order to protect and Fallon for her years of remarkable service and Park, Illinois. safeguard the citizens of our Cleveland com- countless contributions to the State of Dela- From 1977 to 1998, Mrs. Reipsa served munity. ware. I am sure that in retirement, she will re- The Greater Cleveland Peace Officers Me- main a dynamic and influential member of the School District 135 in multiple capacities, in- cluding that of Special Needs Resource morial Society was formed by a dedicated community. I would like to thank her for the group of police officers and their families, many sacrifices that she has made for the Teacher, Reading Teacher, and Instructional Services Assistant. In July of 1998, she ac- committed to keeping the immense sacrifice State of Delaware. and memories of their loved ones forever alive f cepted a position as Principal of Orland Cen- ter School, where she has served the stu- for themselves and for the entire community to RIGHT-TO-RIDE LIVESTOCK ON dents, faculty, and the community with great honor. Their focus resulted in a striking, black FEDERAL LANDS ACT OF 2005 distinction. polished granite monument, consisting of gent- ly sloping walls that cover 1,000 square feet HON. ZACH WAMP On behalf of the families of School District and tower six feet above the ground. The 135, I would like to thank Mrs. Reipsa for her monument bears the name, law enforcement OF TENNESSEE tremendous contribution to the education of so agency, and date of death of each of the 158 IN THE HOUSE OF REPRESENTATIVES many young children over the years. Her guid- officers who have died in the line of duty. Thursday, May 18, 2006 ance and leadership have helped countless Every May, the Greater Cleveland Peace Offi- Mr. WAMP. Mr. Speaker, I rise today as a children develop the confidence, knowledge, cers Memorial brings together hundreds of po- strong cosponsor of H.R. 586, the Right-to- and skills to lead fruitful and fulfilling lives. lice officers and their families from throughout Ride Livestock on Federal Lands Act of 2005. So one again, I congratulate Mrs. Peggy greater Cleveland in unity with the general Pack and saddle stock animals were a crit- Reipsa and wish her a happy and relaxing re- public to recognize and honor the fallen, to ical element in many early Americans’ liveli- tirement. celebrate their lives and great contribution,

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.017 E18MYPT1 ycherry on PROD1PC64 with REMARKS E874 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2006 and to honor those who continue on the noble The reality was that many different nationali- he was sent to Wiltwyck School for Boys, an work of service, safety and assistance. ties existed within the Ottoman Empire and institution for emotionally disturbed youths in Mr. Speaker and colleagues, please join me that their increasing desire to unite with their upstate New York. In a later account of Patter- in honor and recognition of the men and mother countries did indeed pose an ultimately son, he said the school and a particular teach- women in blue who have paid the ultimate fatal threat to the continued existence of the er, Vivien Costen, saved his life. At Wiltwyck price in protecting the safety of others. We Ottoman Empire. In reaction, the Young Turk he first discovered his interest with boxing and also join in honor and recognition of the family movement ushered in a new nationalistic and it was encouraged by his teachers. members whose lives were forever altered ethnocentric ideology in the Ottoman Empire. In 1947 he returned to Brooklyn. At age 14 upon losing a loved one in the line of duty. We From 1916 to 1923, largely under the leader- he began working out with his brothers at Gra- extend our deepest gratitude to all police offi- ship of Kemal Ataturk, the Ottoman Empire mercy gym on New York’s Lower East Side. cers, for their commitment, courage and un- began to practice a ferocious genocide of the The gym was owned by the legendary Con- wavering sense of duty in their vocation of Christian population within its borders. stantine ‘‘Cus’’ D’Amato, who later would be- service to others. The individual and collective In 1916, after the Turks had concluded their come Patterson’s manager. At age 16, Patter- work of our police officers is framed by integ- massacre of the Armenian people, the son won the New York Golden Gloves middle- rity, dedication and excellence, serving as a Pontians became their next victims. The weight title at Madison Square Garden. He shield of security and hope for every one of Pontian Greeks were subject to massacres, was successful in winning 11 amateur cham- us—and their courage and sacrifice will be for- atrocities, mass rapes and abductions of pionships in the Golden Gloves and the Ama- ever honored and remembered. women and children. They were forced into teur Athletic Union. In 1952 at the Olympics in f starvation and sent on long marches whose Helsinki he won a gold medal and later that IN RECOGNITION OF THE PAN- true intended destination was the graveyard of year, at age 17, he turned pro. PONTIAN FEDERATION OF THE history. This genocide almost resulted in the In 1965, the Washington Post described him UNITED STATES AND CANADA extinction of a people who had lived on Asia as ‘‘a quietly confident young man with a ON THE ANNUAL DAY OF RE- Minor for nearly three millennia. Between the school boyish air who likes ice cream, sweet MEMBRANCE OF THE PONTIAN years of 1915 and 1923, more than half of the potatoes and cream-colored cars.’’ D’Amato GREEK VICTIMS OF GENOCIDE Pontian population, or about 353,000 human was protective and careful with the progres- beings, fell victim to what the world now sion of his career. However, when Rocky knows to be genocide. These Pontians who Marciano retired, D’Amato navigated a chan- HON. CAROLYN B. MALONEY did survive the Turkish onslaught were exiled OF NEW YORK nel for his young fighter to the number one from their ancestral homes, and many fled to IN THE HOUSE OF REPRESENTATIVES contender spot. On June 8, 1956, Patterson Greece, Russia and the United States. It is es- defeated Tommy ‘‘Hurricane’’ Jackson even Thursday, May 18, 2006 timated that there were about 400,000 Pontian though he suffered a broken hand 2 weeks Mrs. MALONEY. Mr. Speaker, I rise to rec- refugees during this cataclysmic era. before the fight. The victory positioned him to ognize the annual day of remembrance of the Despite the death and displacement of al- fight for the heavyweight title. On November genocide of the Pontian Greek people at the most 1 million Pontians, their traditions and 30, 1956, Patterson knocked out Archie Moore hands of the Ottoman Empire that took place culture still resonate across the world to this in Chicago to become the youngest world from 1915 to 1923, and to salute the Pan- day. While forces of evil tried to obliterate an heavyweight champion. Pontian Federation of the United States of entire people, the determination and endur- Patterson has been described as a good America and Canada for its role in preserving ance of the Pontian Greeks stand as a testa- guy in the bad world of boxing. His fans loved and passing on the vibrant history and tradi- ment to mankind’s extraordinary ability to defy him—the way he fought and his admirable tions of the Pontian Greeks. all odds in the hope of ultimately living in personality and quiet spirit. Cus D’Amato, his With a long and distinguished history and a peace and justice. trainer, called him ‘‘a kind stranger.’’ Red proud culture, the Greek Pontians have for Mr. Speaker, I ask that my distinguished Smith, the New York Times sports columnist, millennia upheld Hellenic traditions against all colleagues join me in observing the annual called him ‘‘the man of peace who loves to odds. Named after Pontus, the Greek term de- day of remembrance of the victims of the fight’’ Patterson once said of himself, ‘‘You noting ‘‘the sea,’’ the Pontians trace their ori- Pontian Greek genocide, and in recognizing can hit me and I won’t think much of it, but gins to the region of the southeastern part of the Pan-Pontian Federation of the United the Black Sea. There, one of the first Greek you can say something and hurt me very States of America and Canada, its vital mis- much.’’ cities of Pontus, Sinope, was founded in 785 sion of preserving Pontian Greek culture and Patterson’s career as a boxer has set the B.C. history, and its significance as a symbol of standard for greatness in the world of boxing. The seeds for the Pontian genocide were mankind’s hope and endurance. He became the first to hold the heavyweight planted during negotiations among the Euro- f pean powers that led to the signing of the title twice. He suffered a hard loss to Swedish Treaty of Berlin in 1878. The ensuing rise of IN TRIBUTE TO THE LIFE OF boxer Ingemar Johansson at Yankee Stadium nationalism led to many revolutionary wars FLOYD PATTERSON on June 26, 1959, but regained the title a year and independence movements within the de- later when he knocked out Johansson in the caying Ottoman Empire, causing Turkish lead- HON. CHARLES B. RANGEL fifth round. Patterson said that it was the most gratifying moment in his life. He successfully ers to become increasingly fearful that their OF NEW YORK defended his title until he fought ‘‘Sonny’’ ethnically diverse domain would begin to dis- IN THE HOUSE OF REPRESENTATIVES integrate. Liston in September 25, 1962 in Chicago. By the turn of the 20th century, many na- Thursday, May 18, 2006 Overall, Patterson finished 55–8–1 with 40 tions within the Balkans had acquired their Mr. RANGEL. Mr. Speaker, I rise in tribute knockouts. Patterson was voted into the independence from the Turks. However, due to the life and legacy of Floyd Patterson, a United States Olympic Committee Hall of to the politics of the era, many of these newly giant of our time. He emerged not only as a Fame in 1987 and he was inducted into the formed nations only consisted of a small por- heavyweight boxing champion, but as a cham- International Boxing Hall of Fame in 1991. tion of their population, as the great powers pion for morality and an exemplar of courage. After he retired, Patterson became a pas- had no desire to see these new Balkan states Patterson’s life achievements span throughout sionate advocate for the sport of boxing. At a become too strong. As a result, many Ser- the world, though his most notable accom- congressional subcommittee hearing he said, bians, Greeks and Bulgarians still lived within plishments are in the sport of boxing. Patter- ‘‘I would not like to see boxing abolished. I the borders of the Ottoman Empire. The na- son defeated opponents in the ring and those come from the ghetto, and boxing is a way tions of the Balkans yearned to incorporate challengers he had to overcome outside the out. It would be pitiful to abolish boxing be- and unite their people who still lived under ring, particularly the likes of poverty and social cause you would be taking away the one way Turkish rule. This situation led to the Balkan marginality. out.’’ Patterson was a member of the New Wars of 1912–1913, in which the members of Patterson was born January 4, 1935, in a York State Athletic Commission, which super- the Balkan League joined to present a united dilapidated cabin in rural Waco, NC. He later vises the sport of boxing in the state and from front against their Turkish oppressors. The as a small boy moved to a poor neighborhood 1995 to 1998 he chaired the Commission. Ottoman armies were soundly defeated, and in Bedford-Stuyvesant in Brooklyn, New York. Mr. Speaker, it is an honor to highlight and national borders were created and rearranged His early years were met by challenges in celebrate the accomplishments of Floyd Pat- accordingly. school and emotional unrest. At the age of 11 terson, an American hero.

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HON. SAM GRAVES HON. ZACH WAMP HON. SAM GRAVES OF MISSOURI OF MISSOURI OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, May 18, 2006 Thursday, May 18, 2006 Thursday, May 18, 2006 Mr. GRAVES. Mr. Speaker, I proudly pause Mr. GRAVES. Mr. Speaker, I proudly pause Mr. WAMP. Mr. Speaker, I rise today to to recognize Paul A. White of the Mid-Con- to recognize Mrs. Dean Byrd of St. Joseph, honor Mr. Everett Roberts from my home town tinent Public Library in Independence, Mis- Missouri. As a long time citizen of St. Joseph, of Chattanooga, TN, for his unending efforts souri. Mr. White is retiring after 45 years of Mrs. Byrd will be celebrating her 80th birthday. on behalf of the Girl Scouts of Moccasin Bend service to Missouri’s public libraries. She has seen many events over the past 80 Council, who, on Sunday May 21st, will be Paul began his service as a Branch Assist- years and awoke each day with a strong dedicating their building on Dayton Boulevard ant in the Kansas City Public Library in 1961. sense of family and community that improved to him for his years of tireless service and de- Over the next 45 years, Paul would make the lives of everyone she has touched. Her life votion. stops in the Missouri State Library, Springfield- Greene County Library, and the Kinderhook should be celebrated with the same joy and Everett has served on the Board of the Regional Library before settling in the Mid- excitement in which she gives back to our Moccasin Bend Council for almost 40 years as Continent Public Library in 1988. community. a member and chairman, and has been a vital Beyond his official responsibilities, Paul par- Mr. Speaker, I proudly ask you to join me in asset to the Council’s growth and success. recognizing Mrs. Dean Byrd. Throughout her ticipates in the American Library Association As the first male president of the Council in serving as the Missouri Chapter Councilor, on 80 years, she has always given back more 1972, he is described by both friends and col- than was expected of her. Her life is an inspi- the Constitution and By-Laws Committee and leagues as a very special person who dedi- the Committee on Organization. He also par- ration to many and I am proud to serve her in cates all of his energy to the improvement of the United States Congress. ticipates in the Missouri Library Association the world around him. where he has served as treasurer, secretary, Everett has been instrumental in developing f vice president, and president. Paul is currently Camp Adahi, the Girl Scout resident camp on serving on the Missouri Library Network Cor- HONORING THE 30TH ANNIVER- Lookout Mountain in Georgia to provide out- poration and various Missouri Library Associa- SARY OF THE MARY CAMPBELL door programs for tens of thousands of girls, tion Committees. CENTER and his selfless commitment to the Girl Scouts Mr. Speaker, I proudly ask you to join me in serves as just one example of his vigorous recognizing Paul A. White, an outstanding dedication to the people and city he loves. Missourian. His service to the community and HON. MICHAEL N. CASTLE I want to take this opportunity to express my dedication to Missouri’s Public Libraries is OF DELAWARE sincerest appreciation and gratitude to Mr. greatly appreciated. He will certainly be IN THE HOUSE OF REPRESENTATIVES Everett Roberts for all he has done and con- missed and I would like to ask the House of Thursday, May 18, 2006 tinues to do for both the Girl Scouts of Moc- Representatives to join me in thanking him for casin Bend and the overall community in all of his hard work and dedication over the Mr. CASTLE. Mr. Speaker, it is with great Chattanooga. He serves as a shining example years. I am honored to represent him in the pleasure that I rise today to celebrate the 30th of integrity, loyalty and leadership and I am United States Congress. anniversary of the Mary Campbell Center, a proud to stand here on his behalf today. f facility serving disabled people in Delaware. IN HONOR OF AUXILIARY BISHOP The Mary Campbell Center as been home to f thousands of people, some of who have lived RICHARD LENNON there since the 1976 opening. Whether the TRIBUTE TO THE 50TH ANNIVER- residents of the Center have been there for a SARY OF DOWNERS GROVE BOY HON. DENNIS J. KUCINICH long or short time, they share in their daily SCOUT TROOP 89 OF OHIO lives of eating, learning, working, exercising, IN THE HOUSE OF REPRESENTATIVES and playing with each other, the staff, and Thursday, May 18, 2006 friends. HON. JUDY BIGGERT OF ILLINOIS Mr. KUCINICH. Mr. Speaker, it is with great The Center is located on ten acres in Wil- pleasure that I rise today to honor and recog- IN THE HOUSE OF REPRESENTATIVES mington, Delaware. Amos and Mary Talley nize Auxiliary Bishop Richard Lennon and Campbell originally owned the property and Thursday, May 18, 2006 warmly welcome him to Cleveland. Today, lived there with their daughter, Evelyn, who Auxiliary Bishop Lennon will be installed as was born with Down’s Syndrome. Upon Mrs. Mrs. BIGGERT. Mr. Speaker, it is with great pleasure that I rise today to join the members the 10th Bishop of Cleveland. Campbell’s death, Mr. Campbell donated the Born on March 26, 1947, in Arlington, Mas- of Downers Grove Boy Scout Troop 89 in land so that a long-term-care facility for Eve- sachusetts, Auxiliary Bishop Lennon attended celebration of their 50th anniversary. lyn, and other people with disabilities, could be high school and undergraduate college in built in his wife’s honor. Helping these individ- Since 1956, the Scouts of Troop 89 have Massachusetts before receiving a Masters of uals achieve a higher quality of life remains acted as role models for the youth of our com- Theology degree in Sacramental Theology the main purpose of the Center. munity. By teaching values like loyalty, kind- from St. John’s Seminary in 1973. That same Since its inception, the Center, home to 65 ness and thrift, the Scout program has given year, a age 26, he was ordained a priest. residents, has grown in many ways. What generations of our sons and grandsons the During his distinguished career with the began as one building, now is a state-of-the- foundation they will need to live honorable and church, Auxiliary Bishop Lennon has served art facility with an indoor swimming pool, successful lives. as parochial vicar of St. Mary of the Nativity learning center, greenhose, and an adaptive Both my husband and my son were Boy Church in Scituate, Massachusetts and held playground. These facilities help residents ac- Scouts, so I know firsthand what a positive the same position at St. Mary Church in West complish their dreams and keep in touch with force Scouting can be. Scouts make out- Quincy, Massachusetts. In 1988, he was family and friends. standing leaders and volunteers who give of named assistant for canonical affairs at the I congratulate and thank those at the Mary themselves to make communities like Down- Archdiocese of Boston. Auxiliary Bishop Campbell Center for all they have contributed ers Grove a better place in which to live. Lennon was ordained Auxiliary Bishop at the to the State of Delaware. Many disabled Dela- So congratulations to the members of Troop Boston Archdiocese in 2001, and went on to wareans and their families are grateful for 89—past, present, and future. After 50 years, become apostolic administrator in 2002. In them and I am pleased to be able to vocalize you continue to make us all very proud. And 2003, he became vicar general and moderator their appreciation. Thank you to those who thank you to the families and friends of these of the curia at the Boston Archdiocese in have made the Mary Campbll Center what it Scouts who have supported them over the 2003. is today and to those who will carry on this years. Without you, we could not have hoped Mr. Speaker, it is a great honor and distinct tradition into the future. to celebrate this momentous anniversary. pleasure, to welcome Auxiliary Bishop Lennon

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.026 E18MYPT1 ycherry on PROD1PC64 with REMARKS E876 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2006 to Cleveland. He has dedicated himself to our been named the Association for Career and ing one of the finest programs in the nation to church, and to the betterment of all mankind. Technical Education Outstanding Teacher in help GED candidates advance to pursue col- His distinguished record of service speaks vol- Community Service. She has been a model of lege degrees. I look forward every year to at- umes, and I look forward to working with him strong service and civic leadership. tending the graduation ceremony to hear won- to strengthen our community. Sharon has served as the Business Coordi- derful success stories and to learn of students’ Mr. Speaker and Colleagues, please join me nator and Administrative Office Systems in- academic achievements—thanks to the GED in honoring Auxiliary Bishop Lennon and wel- structor at the Hillyard Technical Center, as Scholars Initiative at Kent State. coming him to Cleveland as our community’s well as the advisor for the Phi Beta Lambda On October 5, 2005, Dr. Cartwright, Kent 10th Bishop. Today is a great day for the adult business student organization. Outside State University’s 10th president, announced Catholic Church and the Cleveland commu- of the classroom, Sharon has remained active her decision to step down from the leadership nity. Auxiliary Bishop Lennon brings a wealth in the ACTE, Missouri ACTE, National Busi- position she has held since 1991. She will re- of experience and knowledge, and I ask my ness Education Association, and as the Legis- tire from the presidency upon the arrival of her Colleagues to join me in sharing in this tre- lative Chairperson for the St. Joseph Parent successor. I want to congratulate her on a tre- mendous day. Teacher Association. mendous job and wish Carol and her hus- Mr. Speaker, I proudly ask you to join me in f band, Phil, health and happiness in the future. recognizing Sharon Kosek. Her commitments f TRIBUTE IN HONOR OF JENNY to excellence in education and community CHANG service have remained as an inspiration to all VALLEY FEVER VACCINE of those people around her. She will certainly DEVELOPMENT ACT be missed and I would like to ask the House HON. CAROLYN B. MALONEY HON. WILLIAM M. THOMAS OF NEW YORK of Representatives to join me in thanking her for all of her hard work and dedication over OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the years. I am honored to represent her in IN THE HOUSE OF REPRESENTATIVES Thursday, May 18, 2006 the United States Congress. Thursday, May 18, 2006 Mrs. MALONEY. Mr. Speaker, I rise to f Mr. THOMAS. Mr. Speaker, I rise today to honor a former staffer, a friend and an inspira- RECOGNIZING KENT STATE UNI- discuss the Valley Fever Vaccine Develop- tion, Jenny Chang. VERSITY PRESIDENT CAROL A. ment Act, which I introduced today. When Jenny came to work in my office in CARTWRIGHT FOR 15 YEARS OF Valley Fever or coccidioidomycosis is a seri- 2003, she had already been through one SERVICE TO OHIO EDUCATION ous human disease caused by the inhalation round with a formidable opponent, breast can- of a soil-borne fungus, Coccidioides, and par- cer. But you certainly couldn’t tell. She brought ticularly impacts public health in the south- an energy and positivity rarely seen, and none HON. RALPH REGULA western United States, specifically California, OF OHIO of us will ever forget her laugh. Arizona, Nevada, New Mexico, Utah, and IN THE HOUSE OF REPRESENTATIVES I admire leaders, and Jenny Chang was a Texas. According to researchers involved in leader. Jenny was student body president and Thursday, May 18, 2006 the Valley Fever Vaccine Project, each year a president of her senior class at North Carolina Mr. REGULA. Mr. Speaker, I rise today to estimated 130,000 people nationwide are ex- State University—she was the first woman of recognize Carol A. Cartwright, President of posed to Valley Fever and there are about Asian descent to hold that position. Through Kent State University, for 15 remarkable years 5,000 cases. Of those cases, between 2,500 her battle with a terrible disease, Jenny of academic, community and national leader- and 5,000 are serious and about 500 people reached out to fellow cancer sufferers and sur- ship. It has been my genuine pleasure to work die from Valley Fever. The disease is espe- vivors and used her position on Capitol Hill to with her on a range of priorities in northeast cially prevalent in Kern County, California, make a difference. Despite her illness, she Ohio, including education and learning, eco- which I represent; 1,540 cases were reported worked on my colleague DAVID PRICE’s cam- nomic development, healthcare and research. in 2004, which was an increase of 1,137 from paign and in his Congressional office, making Kent State has eight campuses, including the 403 cases reported in 2000. Similar in- scores of new friends and admirers at each the Stark campus in my District, with more creases have been reported in Arizona, where stop. than 34,000 students seeking from 2-year to some anticipate the number of cases this year And for 8 months, she was the soul of my Ph.D. degrees. Its leader must be a great will exceed 4,000. Moreover, 46 Kern County office, always showing how things can be communicator, able to multi-task and an inno- residents died from Valley Fever from 2000 to done and how problems can be solved. vative thinker in her approach to getting the 2004. It saddened us all when Jenny’s cancer re- job done. Carol Cartwright does that every day Valley Fever particularly affects those with turned and she had to take leave of my office with a smile and a quick wit, as well as con- impaired or less developed immune systems, and Capitol Hill. siderable knowledge and experience. including children and the elderly. The disease Mr. Speaker, Jenny Chang passed away on Throughout her career, Dr. Cartwright has has a high incidence among minority popu- April 29. We should all be so lucky to work been a role model for women in higher edu- lations as well as among those who work out- with such a terrific soul as Jenny Chang. She cation and every walk of life. After working as side in occupations such as construction, agri- did many great things in her short time with a teacher, university professor, pioneering re- culture, mining, energy, and the military. In ad- us. And what she left us—the memory of her searcher in the field of special education and dition, the disease also impact those who en- smile, her spirit and her strength—is so much as a university executive officer, she made gage in outdoor recreational activities, such as more than any of us could ever give her. history in 1991 when she became Kent State biking, golf, hiking, jogging, motorcycling, rock Sometime God takes the best of us far University’s first woman president and the first collecting, and tennis. sooner than we want. I thank God for giving woman president of a public university in The drugs currently used to treat Valley us our time with Jenny and I wish her family Ohio. From the outset of her presidency, she Fever are often ineffective and the average and friends my deepest condolences. has been an active advocate of professional- hospitalization charges for the seriously ill ex- f development and personal-growth initiatives ceed $30,000. Accordingly, a preventative for women. In her first year of eligibility, she vaccine is desperately needed. Unfortunately, RECOGNIZING SHARON KOSEK was elected to the Ohio Women’s Hall of there currently is no vaccine for Valley Fever Fame. and there is no private industry interest in HON. SAM GRAVES She was also a member of the committee making the investment, estimated to be about OF MISSOURI that worked with my wife, Mary, to bring the $40 million, needed for the development of the IN THE HOUSE OF REPRESENTATIVES long-overdue idea of a National First Ladies vaccine. Library to life, and Carol continues to serve on However, nonprofit organizations have Thursday, May 18, 2006 the Library’s national board. She also serves sponsored exploratory research conducted by Mr. GRAVES. Mr. Speaker, I proudly pause on the American Council on Education Com- the Valley ever Vaccine Project and their ef- to recognize Sharon Kosek of St. Joseph, Mis- mission on Women in Higher Education and forts have resulted in the identification of can- souri. After long tenure in the St. Joseph, Mis- the board of directors of National Public didate vaccines for pharmaceutical develop- souri School District, Sharon will be retiring. Radio. ment. While I greatly appreciate the $930,000 Sharon has taught in the St. Joseph School Carol has a clear commitment to all stu- that has been provided through the federal ap- District for the past 23 years and has recently dents, and she has been instrumental in build- propriations process since Fiscal Year 2003

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.031 E18MYPT1 ycherry on PROD1PC64 with REMARKS May 18, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E877 for the California State University at Bakers- purchasing power at the current level and will RECOGNIZING VICTOR FONTANEZ field (CSUB) Foundation to purchase equip- cut this funding more deeply each subsequent ment needed by the Valley Fever Vaccine year. HON. SAM GRAVES Project, additional funding is needed to de- Specifically, this budget completely disman- OF MISSOURI velop a vaccine, particularly as incidences of IN THE HOUSE OF REPRESENTATIVES Valley Fever continue to increase while treat- tles: vocational education ($1.3 billion); Per- ment options are limited. kins Loans ($730 million); Safe and Drug-Free Thursday, May 18, 2006 Thus, I have introduced the Valley Fever Schools state grants ($347 million); GEAR-UP Mr. GRAVES. Mr. Speaker, I proudly ask Vaccine Development Act, which would au- college readiness for low-income students you to join me in recognizing United States thorize, from Fiscal Year 2007 through Fiscal ($303 million); education technology ($287 mil- Army Private Victor Fontanez, a soldier who Year 2012, funding for grants through the lion); and Even Start family literacy services exemplifies stellar qualities of dedication and Centers for Disease Control for efforts to de- ($99 million). The budget cuts $15 billion from service to Northwest Missouri and the United velop a vaccine to prevent and reduce the the amount authorized for the No Child Left States of America in his service to our country prevalence of this serious disease. As the de- Behind education reform effort and cuts the in World War II. Beginning his service in Janu- velopment of a Valley Fever vaccine will di- Federal contribution for special education from ary of 1941, Victor served with the honor and rectly enhance public health, I ask my col- the current 17.7 percent to only 17.0 percent integrity that we have come to admire. leagues to join me as I work to enact this im- for the Individuals with Disabilities Education In his military service during World War II, portant legislation. Act (IDEA) despite years of rhetoric from the Victor landed in the 9th Infantry Division Com- pany B 47th Infantry 1st Battalion engaged in f Republicans claiming to support IDEA. And the African section of the European Front. while the costs of college continue to rise, this CONCURRENT RESOLUTION ON During an operation in April of 1943 located in budget contains none of the funds needed to THE BUDGET FOR FISCAL YEAR Tunisia, Private Fontanez took shrapnel fire 2007 raise Pell Grants beyond the 2003 funding and was rewarded the Purple Heart. After re- level. covery he was transferred to the 36th Infantry SPEECH OF In addition, this Republican budget resolu- Division as a Combat Engineer in the Italian HON. BOB ETHERIDGE tion cuts funding for homeland security, includ- Campaign. After the liberation of Rome and victories throughout Italy, Victor and the 36th OF NORTH CAROLINA ing port security by $6.1 billion over 5 years, Infantry Division invaded Southern France on IN THE HOUSE OF REPRESENTATIVES cuts essential services for working families by $9.4 billion, cuts veterans’ health care by $6.0 August 15, 1944. Wednesday, May 17, 2006 During this invasion of France by the 36th billion, slashes funding for health by $18.1 bil- Infantry, Private Fontanez had witnessed the The House in Committee of the Whole lion below current services and fails to protect House on the State of the Union had under explosion of an Allied plane over the beach. consideration of the concurrent resolution the environment by imposing a cut of $25 bil- The plane and crew crashed into a lagoon (H. Con. Res. 376) establishing the congres- lion over the next 5 years. nearby and Private Fontanez acting without sional budget for the United States Govern- In contrast, the Spratt Substitute will bal- hesitation rescued some of the injured flight ment for fiscal year 2007 and setting forth crew. It was this act of selflessness and brav- appropriate budgetary levels for fiscal years ance the budget by 2012. It includes tough 2008 through 2011: Pay-As-You-Go (PAYGO) budget enforcement ery that earned Private Fontanez the Soldiers rules that require the cost of any new manda- Medal for Heroism. Mr. ETHERIDGE. Mr. Chairman, I rise in Victor Fontanez’s service to the United tory spending or revenue legislation to be fully strong opposition to this misguided budget States of America in defending freedom will resolution, and I urge my colleagues to join offset. Vice President CHENEY has claimed never be forgotten. His courage and dedica- me in voting against it. ‘‘deficits don’t matter,’’ but the American peo- tion when his country needed him the most is The Federal budget is much more than just ple know better. The Spratt budget provides something to be admired. I am honored to a government document; it is a statement of $4.6 billion more for education in 2007 than represent one of America’s great heroes and our Nation’s priorities and values. I am tre- the Republican budget and adds $45.3 billion I ask the United States Congress to join me in mendously proud that in my first term as the over 5 years that our States and communities honoring his service. Second District of North Carolina’s Represent- desperately need for quality schools. f ative in the U.S. House, Congress and the President balanced the budget for the first The Spratt Substitute keeps our commit- 50TH ANNIVERSARY OF THE time in a generation. Until just a few years ment to veterans by including $8.6 billion more WILLIAMSON FLYING CLUB, INC. ago, the budget remained balanced and the than the Republican budget for veterans’ CELEBRATED ON MAY 18, 2006 surpluses we produced were being used to health care. It provides $6.5 billion more over pay down the national debt and strengthen the 5 years for homeland security, including port HON. JAMES T. WALSH solvency of Social Security. But this Adminis- security and rejects the Republican cut to OF NEW YORK tration and the Republican Congressional Army National Guard troop strength and the IN THE HOUSE OF REPRESENTATIVES Leadership have squandered the budget sur- cut to Cooperative Threat Reduction that pro- pluses on wasteful tax policies and are run- Thursday, May 18, 2006 tects America from weapons of mass destruc- ning record budget deficits as far as the eye Mr. WALSH. Mr. Speaker, I rise today to tion. The Spratt alternative budget provides can see. recognize the 50th Anniversary of the This budget offers more of the same failed $18 billion more over 5 years to fund health Williamson Flying Club, Inc. The Williamson policies and it flunks the test of moral leader- priorities cut by the Republican budget, includ- Flying Club began as a shared dream by five ship by increasing the burdens on the poor, ing medical research at NIH and CDC, rural men from Williamson, New York. These men the middle class, families struggling to get into health activities, and graduate medical edu- held informal hearings to share their aspira- the middle class and future generations. This cation for children’s hospitals. Finally, the tions of wanting to fly and starting their own budget contains devastating cuts to essential Spratt Substitute rejects the Republican budg- flying club. On May 4, 1956, these men began services for our families and will leave the et cuts for environmental protection and re- to realize part of their dream and purchased statutory debt at a record level of $11.3 trillion. quires an honest, separate vote on any pro- their first aircraft. With time, the group began The American people deserve better. posal to raise the limit on the national debt. to expand their membership and services. By As the only former State schools chief serv- May 18, 1956, the Williamson Flying Club be- ing in Congress, public education is my pri- Finally, Mr. Chairman, I believe the Federal came incorporated as a member corporation. ority. Education holds the key to the American budget is the public expression of our Nation’s In the beginning, the group operated from the Dream for middle class families, and the Fed- priorities and values. I urge Congress to reject Palmyra airport, later they moved to a dirt strip eral Government has a solemn obligation to the Republican budget that is wrong for Amer- that became the Williamson-Sodus Airport. help all of our people make the most of their ica and support the Spratt Substitute that re- The Williamson-Sodus Airport was an 1800- God-given abilities. This budget eliminates 42 stores funding for essential services for a foot runway that was seeded in July 1957. Federal education initiatives, cuts funding for stronger country and a brighter tomorrow for Over the years the runway has been upgraded education, social services and training by $4.6 our families. and is now a 3,800 ft. hard surface asphalt billion below the amount needed to maintain runway with modern lighting and taxiways and

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.035 E18MYPT1 ycherry on PROD1PC64 with REMARKS E878 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2006 is always under improvement. By 1975 the Alerta as well as a job as sports commentator sional budget for the United States Govern- club had expanded to 6 aircraft and today they for radio COCO. Fausto Miranda rose to be- ment for fiscal year 2007 and setting forth have over 140 members. come ‘‘an all-time pillar of Cuban sports jour- appropriate budgetary levels for fiscal years 2008 through 2011: The Williamson Flying Club, Inc. has a sto- nalism with an encyclopedic knowledge of ried history ranging over five decades. As stat- baseball’’, according to Felo Ramirez, a vet- Mr. ORTIZ. Mr. Chairman, I rise in opposi- ed in their corporation certificate: ‘‘The pur- eran sports commentator and member of the tion to the deficits proposed by this budget. pose for which the corporation is to be formed National Baseball Hall of Fame in Coopers- We are at war. This should be a time of sac- rifice for all Americans; it is not the time for are to promote and encourage interest in avia- town. gutting programs that help working families to tion and all allied sciences . . . to teach the During Fausto’s time in Havana, the Cuban pay for tax cuts to the wealthy among us. Sac- members of the corporation to fly and improve people were fortunate to have the best sports rifice should be shared, not dumped on some their ability . . . to purchase . . . airplanes journalists in the hemisphere, including great of us. . . . airports, hangars . . . but not for profit.’’ personalities like Eladio Secades, Jessie Everywhere I go these days, people ask me Out of a deep love and respect for aviation, Losada, and Pedro Galiana. When Fidel Cas- when Congress will do something about the the group carries an altruistic spirit to share tro came to power in 1959, Miranda was presi- budget deficit—whch will mean profound taxes and spread the wonders that flying can bring dent of the Sports Writer Association. Like so on their children down the road . . . Repub- not only to individuals but also to the sur- many other branches of the vibrant Cuban civil licans, Democrats, business people, labor- rounding community. society, the Association was closed down by ers—everybody. I congratulate the Williamson Flying Club, the dictator and Fausto Miranda was forced to I keep telling them each budget we pass is Inc. on a successful history and wish them the flee the tyrant’s grasp. worse and worse, growing the deficit at an in- I best of luck for the many more years of flying He arrived in New York City, the haven to credible level. People used to say Congress they have ahead. so many freedom-seeking immigrants, where was taxing and spending. These days Con- f he once again started off by taking on a sim- gress is borrowing and spending . . . worse, ple job as doorman before entering the Amer- we’re borrowing from our children. This budget HONORING FAUSTO MIRANDA ican sports journalism. While his little brother grows both the deficit and the national debt. Willy Miranda was out on the field playing for The deficits in this budget would, according to HON. ILEANA ROS-LEHTINEN the New York Yankees, Fausto was reporting the report accompanying the resolution, lead OF FLORIDA from the American sports world for a wide va- to another debt limit increase of $653 billion— IN THE HOUSE OF REPRESENTATIVES riety of national and international media. He on top of the $3 trillion in debt ceiling in- Thursday, May 18, 2006 wrote for the newspaper La Prensa, the Gesto creases already approved since President magazine as well as the French news agency Bush took office. Ms. ROS-LEHTINEN. Mr. Speaker, I would AFP, and broadcast for the radio stations And still . . . this resolution makes deep and like to address the House in honor of Fausto Canal 47, Radio X and WQBA-La Cubanisima. harmful cuts to critical services for working Miranda, a legendary sports reporter and one In 1975, Fausto moved to Miami where he families—including border security, education, of the most outstanding members of our founded the sports section of El Miami Herald, and veterans’ services. Democrats offer a Cuban-American community. Last week, predecessor of El Nuevo Herald, the Spanish- budget today, that this House will certainly re- Fausto Miranda passed away in his Miami language version of the Miami Herald. In his ject, that does not include the harmful cuts to home at the age of 91. famed weekly column ‘‘Los viejos’’, Fausto Mi- domestic priorities while still reaching balance Miami and the Cuban people grieve in the randa revived the Cuban-American’s commu- in 2012. It has smaller deficits than the Re- face of this loss. Fausto Miranda was born on nity memories of their tropical homeland. The publican budget, accumulates less debt, and July 4, 1914, not knowing that history would popularity he gained was so great that even returns us back to paying for what we pass. turn this date into two reasons for him to cele- after his retirement in 1995, Fausto continued If we pass this budget resolution today—and I will vote no—this House is following the bad brate. In 1960, Fausto Miranda came to the to publish the popular weekly column. ideas in President Bush’s budget, which con- U.S. where, like so many other Cubans fleeing The Cuban-American community mourns an tinues the policies of the past 5 years that the newly installed Castro regime, he found a outstanding man, whose love of sports would deeply cut into the spending for our homeland safe haven and the opportunity to continue his always drive him forward. Calling himself a security, simply to pay for tax cuts to the extraordinary journalistic career. The fourth of ‘‘very bad athlete . . . very bad in everything’’, July from now on provided him with two rea- wealthiest Americans. his passion for the athletic world paved his The budget makes long-term damage in our sons to celebrate—the day he was born and way from a stadium announcer to one of the the day America became independent and real security . . . at a time the President and Western Hemisphere’s most high-profile sports many in this Congress are saying the needs turned into a home for the oppressed and per- journalists. Not even the murderous dictator secuted. on the border are so severe that we must Fidel Castro could stop him—from stardom in send the National Guard to protect the border. Born and raised in the town of Puerto Padre Havana, Fausto went to stardom in Miami. in eastern Cuba, Fausto Miranda dreamt of First, let me say how much I oppose deploying Fausto Miranda was not only an annalist of the Guard to the border . . . but let’s talk about becoming a lawyer; instead his poor back- the times when legends like the boxers Kid ground forced him to work in the sugar indus- how we got to crisis on the border: it is en- Chocolate and Joe Louis were attracting huge tirely about calculated disregard to the security try for a mere 30 pesos a month. Young crowds, and baseball legends Babe Ruth and Fausto was very shrewd when it came to mak- forces on the border. Lou Gehrig were filling the stadiums, but The House budget shortchanges homeland ing a living—he took on such diverse jobs as through his writing he also helped the Cuban security programs—cutting them by up to street vendor, prison guard, trumpeter, orches- American community to keep our memories of $488 million this year and up to $6.1 billion tra manager, doorman, cleaning person, music our native Cuba alive, ‘‘the most beautiful land over 5 years from the amount needed to keep critic, social annalist, and political reporter. human eyes ever beheld,’’ as he once said. up with inflation. In December, when the 9/11 At the age of 20, fate showed him where his We will greatly miss him. Commission issued its final report card, it real talent lay buried. Working as a stadium f gave the Bush Administration and this Con- announcer, he one day passed his notes on to gress a series of C’s, D’s, and F’s on many a journalist of Diario de Cuba, one of the CONCURRENT RESOLUTION ON areas in homeland security—including border count’s major newspapers. The next day, the THE BUDGET FOR FISCAL YEAR security. article on the baseball game that appeared in 2007 The only thing we have given border secu- the Diario was signed by ‘Fausto Miranda, rity is promises, but no money. We know gen- SPEECH OF Special Correspondent’. Years later, Fausto erally how much it would cost for the rec- Miranda recalled: ‘‘The night the newspaper HON. SOLOMON P. ORTIZ ommendations the 9–11 Commission said was came out and I saw the article with my name, OF TEXAS the very least we must do to make a dent in I did not sleep.’’ IN THE HOUSE OF REPRESENTATIVES illegal immigration: His career began to take off when he $375 million for the detention beds the 9/11 moved to Cuba’s capital city of Havana in Wednesday, May 17, 2006 Commission determined we need, 1933. He started writing a column called The House in Committee of the Whole $340 million for the Border Patrol agents the ‘‘Stardust’’ which soon brought him further House on the State of the Union had under 9/11 Commission determined we need. writing assignments for the newspapers El consideration of the concurrent resolution Even with the VA treating more than Crisol, Informacio´n, Diario de la Marina and (H. Con. Res. 376) establishing the congres- 144,000 veterans from Iraq and Afghanistan,

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.039 E18MYPT1 ycherry on PROD1PC64 with REMARKS May 18, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E879 the House budget cuts veterans’ health care that honors and celebrates the 25th Annual Mr. Evans also served as the director for re- by $6 billion over 5 years, and increases National Peace Officers’ Memorial Service Ob- volving funds beginning in April of 2000. While TRICARE health care premiums for more than servance Day on May 15, 2006. President director, he was responsible for financial man- 3 million military retirees and their families. John F. Kennedy proclaimed May 15th as Na- agement oversight for all DoD revolving and Despite record enrollment growth from pre- tional Peace Officers’ Memorial Day in 1962. working capital funds, including the Defense K to college, the House budget makes the However, it was not until May 15, 1982 that Working Capital funds. largest cuts in education in 23 years and pro- the first National Peace Officers’ Memorial vides $15.4 billion less in funding than prom- Day Service was held in Washington, DC. It is Since 2001, Mr. Evans was the director for ised by the No Child Left Behind Act. important that all citizens know and under- operations. As director, Mr. Evans was re- Even as college costs have risen 40 percent stand the duties, responsibilities, hazards, and sponsible for the Department’s Operations and since 2001, this budget freezes the maximum sacrifices of their law enforcement agencies. Maintenance appropriations, including pro- Pell Grant for college at $4,050—for the fourth The memorial that was created in Washington, grams that support the global war on terror year in a row. The budget denies more than DC stands as a daily reminder of these dan- and the Department’s homeland security func- 460,000 students low-cost loans and elimi- gers facing our law enforcement officers and tions. nates eight higher education programs, includ- of how these brave men and women died fac- ing GEAR–UP, TRIO Upward Bound, and Senior leaders, both in the Congress and ing them. the Department of Defense, have benefited TRIO Talent Search—all of which have made As a former police officer, I salute those law from Mr. Evans’ experience, outstanding lead- all the difference in the lives of South Texas enforcement officials who died in the line of students. These insulting cuts come just 2 duty in 2005 and continue to honor those po- ership, and distinguished performance. His ef- months after the majority in this body voted to lice officers who gave their lives in past years. forts have enabled our Nation’s leader to raid federal student aid programs by $12 bil- As a member of the Congressional Law En- make the most effective use of defense re- lion. forcement Caucus, I strongly support critical sources to ensure America’s military strength. The other thing people are saying to me ev- funding for programs, such as the Community On behalf of my colleagues, I thank him for erywhere I go is: when will Congress raise the Oriented Policing Services (COPS) program, his service to our country and wish him well minimum wage? Gas prices are going up, to hire additional police officers and help law on his retirement. food prices are going up . . . the cost of every- enforcement acquire the latest crime-fighting thing is going up EXCEPT for the minimum f wage. technologies. I will continue to be a strong supporter of the law enforcement community I urge my colleagues to reject the budget SUPPORT FOR H.R. 2231 before us. and will advocate on behalf of public safety in f Congress. Madam Speaker, in honor of the law en- RECOGNIZING TYLER R. BOGGESS forcement officers who, through their coura- HON. TAMMY BALDWIN FOR ACHIEVING THE RANK OF geous deeds, have made the ultimate sacrifice OF WISCONSIN EAGLE SCOUT in service to their community or have become disabled in the performance of duty, I ask my IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES colleagues to join me in recognizing and pay- Thursday, May 18, 2006 OF MISSOURI ing respect to our fallen heroes. As a proud IN THE HOUSE OF REPRESENTATIVES cosponsor of H. Res. 788, I urge my col- Ms. BALDWIN. Mr. Speaker, I rise today in Thursday, May 18, 2006 leagues to support this resolution. support of H.R. 2231, the Breast Cancer and Mr. GRAVES. Mr. Speaker, I proudly pause f Environmental Research Act, and I ask my to recognize Tyler R. Boggess, a very special TRIBUTE TO JOHN M. EVANS colleagues to work with me to pass this impor- young man who has exemplified the finest tant legislation. qualities of citizenship and leadership by tak- HON. JAMES P. MORAN Last Sunday was Mother’s Day, and in ing an active part in the Boy Scouts of Amer- OF VIRGINIA honor of all mothers, I rise today to stand with ica, Troop 397, and in earning the most pres- IN THE HOUSE OF REPRESENTATIVES the National Breast Cancer Coalition and the tigious award of Eagle Scout. Thursday, May 18, 2006 Tyler has been very active with his troop, 3 million American women living with breast participating in many scout activities including Mr. MORAN of Virginia. Mr. Speaker, today cancer today to urge all my colleagues to High Adventure and the Brownsea Leadership I pay tribute to John M. Evans, one of our push for passage of the Breast Cancer and Camp. Over the 11 years Tyler has been in- Federal Government’s finest public servants Environmental Research Act—H.R. 2231. Too volved with scouting, he has not only earned and a long time resident of the Common- many mothers, daughters, wives, and sisters numerous merit badges, but also the respect wealth of Virginia. This March he retired from are dying from breast cancer. We will not end of his family, peers, and community. The city an exceptionally distinguished career of serv- this disease until we find out what causes it. of Kearney, Missouri benefited from Tyler’s ice to his country. He has served our Nation as a career civil servant for over 33 years. He It is generally believed that the environment leadership in the re-roofing of nine shelters at plays some role in the development of breast the Lions Park in Kearney for his Eagle Scout has been an exceptional leader and has cancer, but the extent of that role is not under- Service Project. played a key role in ensuring effective finan- Mr. Speaker, I proudly ask you to join me in cial management for the Department of De- stood. Less than 30 percent of breast cancers commending Tyler R. Boggess for his accom- fense. It gives me pride to have the oppor- are explained by known risk factors. However, plishments with the Boy Scouts of America tunity to honor him today for his tremendous there is little consensus in the scientific com- and for his efforts put forth in achieving the accomplishments. munity on how the environment impacts breast highest distinction of Eagle Scout. Mr. Evans began his career with the Navy cancer. Studies have explored the effect of f in the financial management field working for isolated environmental factors such as diet, various field activities. He progressed to a SUPPORTING THE GOALS AND pesticides, and electromagnetic fields, but in management position in the Military Traffic IDEALS OF PEACE OFFICERS ME- most cases there is no conclusive evidence. Management Command at the Department of MORIAL DAY Furthermore, there are many other factors that Defense where he had responsibility for per- are suspected to play a role but have not SPEECH OF sonnel and administration. been fully studied. Mr. Evans first served in the Department of HON. JERRY F. COSTELLO Defense Comptroller office as a senior budget Clearly, more research needs to be done to OF ILLINOIS analyst for a number of major Department of determine the relationship between the envi- IN THE HOUSE OF REPRESENTATIVES Defense-wide programs, including the DoD ronment and breast cancer. What is needed is Tuesday, May 16, 2006 Family Housing Program, the DoD Real Prop- a collaborative, comprehensive, national strat- Mr. COSTELLO. Madam Speaker, I rise erty Maintenance Program, Navy Military Con- egy to study these issues. H.R. 2231 makes today in support of H. Res. 788, a resolution struction, and DoD Depot Maintenance. that strategy possible.

VerDate Aug 31 2005 06:02 May 19, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.043 E18MYPT1 ycherry on PROD1PC64 with REMARKS E880 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2006 This bill would create a new mechanism for Program, it would include consumer advocates tial environmental causes of breast cancer, so environmental health research. It would estab- in the peer review and programmatic review that we can prevent it, treat it more effectively, lish up to eight research centers to study envi- process. and cure it. ronmental factors and their impact on breast This Federal commitment is critical for the Mr. Speaker, I am proud to be a cosponsor cancer. Modeled after the successful Depart- overall, national strategy and the long-term re- of H.R. 2231, and I urge my colleagues to ment of Defense Breast Cancer Research search investments needed to discover poten- work with me to pass this bill this year.

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HIGHLIGHTS The House passed H.R. 5386, Department of the Interior, Environment, and Related Agencies Appropriations Act for Fiscal Year 2007. Senate comprehensive immigration reform, taking action on Chamber Action the following amendments proposed thereto: Routine Proceedings, pages S4727–S4817 Pages S4727–91 Measures Introduced: Twenty-seven bills and three Adopted: resolutions were introduced, as follows: S. By 56 yeas to 43 nays (Vote No. 129), Kennedy 2830–2856, S. Res. 483–484, and S. Con. Res. 95. Amendment No. 4066, to modify the conditions Pages S4795–96 under which an H–2C nonimmigrant may apply for Measures Reported: adjustment of status. Pages S4730–33 S. 1899, to amend the Indian Child Protection Akaka/Inouye Amendment No. 4029, to grant the and Family Violence Prevention Act to identify and children of Filipino World War II veterans special remove barriers to reducing child abuse, to provide immigrant status for purposes of family reunifica- for examinations of certain children, with an amend- tion. Pages S4747–50 ment in the nature of a substitute. (S. Rept. No. Vitter/Grassley Amendment No. 3964, to modify 109–255) the burden of proof requirements for purposes of ad- S. 2856, to provide regulatory relief and improve justment of status. Pages S4750–52 productivity for insured depository institutions. (S. By 63 yeas to 34 nays (Vote No. 131), Inhofe Rept. No. 109–256) Further Modified Amendment No. 4064, to amend S.J. Res. 1, proposing an amendment to the Con- title 4 United States Code, to declare English as the stitution of the United States relating to marriage. national language of the United States and to pro- mote the patriotic integration of prospective U.S. Page S4795 citizens. Pages S4735–39, S4752–57, S4761–70 Measures Passed: By 58 yeas to 39 nays (Vote No. 132), Salazar/ Broadcast Decency Enforcement Act: Committee Durbin Modified Amendment No. 4073, to declare on Commerce, Science, and Transportation was dis- that English is the common and unifying language charged from further consideration of S. 193, to in- of the United States, and to preserve and enhance crease the penalties for violations by television and the role of the English language. radio broadcasters of the prohibitions against trans- Pages S4757–61, S4770 mission of obscene, indecent, and profane language, By 64 yeas to 32 nays (Vote No. 134), Cornyn and the bill was then passed. Page S4816 Amendment No. 4038, to require aliens seeking ad- Democracy in Burma: Senate agreed to S. Res. justment of status under section 245B of the Immi- 484, expressing the sense of the Senate condemning gration and Nationality Act or Deferred Mandatory the military junta in Burma for its recent campaign Departure status under section 245C of such Act to of terror against ethnic minorities and calling on the pay a supplemental application fee, which shall be United Nations Security Council to adopt imme- used to provide financial assistance to States for diately a binding, non-punitive resolution on Burma. health and educational services for non-citizens. Pages S4772–76 Pages S4816–17 Nelson Modified Amendment No. 3998, to im- Comprehensive Immigration Reform Act: Senate prove the United States ability to detain illegal continued consideration of S. 2611, to provide for aliens. Page S4788 D508

VerDate Aug 31 2005 07:13 May 19, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY6.REC D18MYPT1 ycherry on PROD1PC64 with DIGEST May 18, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D509 Rejected: Messages From the President: Senate received the Ensign Amendment No. 3985, to reduce docu- following messages from the President of the United ment fraud, prevent identity theft, and preserve the States: integrity of the Social Security system, by ensuring Transmitting, pursuant to law, a report relative to that persons who receive an adjustment of status the continuation of the national emergency with re- under this bill are not able to receive Social Security spect to Burma; which was referred to the Com- benefits as a result of unlawful activity. (By 50 yeas mittee on Banking, Housing, and Urban Affairs. to 49 nays (Vote No. 130), Senate tabled the amend- (PM–48) Page S4794 ment.) Pages S4739–47 Transmitting, pursuant to law, a report of the By 43 yeas to 52 nays (Vote No. 133), Clinton continuation of the national emergency protecting Amendment No. 4072, to establish a grant program the Development Fund for Iraq and certain other to provide financial assistance to States and local property in which Iraq has an interest; which was re- governments for the costs of providing health care ferred to the Committee on Banking, Housing, and and educational services to non-citizens, and to pro- Urban Affairs. (PM–49) Page S4794 vide additional funding for the State Criminal Alien Nominations Received: Senate received the fol- Assistance Program. Pages S4770–72, S4775 lowing nominations: Cornyn (for Kyl/Cornyn) Amendment No. 3969, Donald L. Kohn, of Virginia, to be Vice Chairman to prohibit H–2C nonimmigrants from adjusting to of the Board of Governors of the Federal Reserve lawful permanent resident status. (By 58 yeas to 35 System for a term of four years. nays (Vote No. 135), Senate tabled the amendment.) Kathleen L. Casey, of Virginia, to be a Member Pages S4776–86 of the Securities and Exchange Commission for a Pending: term expiring June 5, 2011. Ensign/Graham Modified Amendment No. 4076, Bobby E. Shepherd, of Arkansas, to be United to authorize the use of the National Guard to secure States Circuit Judge for the Eighth Circuit. the southern border of the United States. Kimberly Ann Moore, of Virginia, to be United Pages S4786–88 States Circuit Judge for the Federal Circuit. Chambliss/Isakson Amendment No. 4009, to Martin J. Jackley, of South Dakota, to be United modify the wage requirements for employers seeking to hire H–2A and blue card agricultural workers. States Attorney for the District of South Dakota for the term of four years. Page S4817 Pages S4788–91 A unanimous-consent-time agreement was reached Messages From the House: Page S4794 providing that at 5:30 p.m., on Monday, May 22, Measures Referred: Page S4794 2006, Senate proceed to a vote in relation to Enrolled Bills Presented: Page S4794 Chambliss/Isakson Amendment No. 4009 (listed above); and that the time from 5 p.m. until 5:30 Executive Communications: Pages S4794–95 p.m. be equally divided between Senator Chambliss Executive Reports of Committees: Page S4795 and the Democratic manager or his designee; pro- Additional Cosponsors: Pages S4796–98 vided further, that following that vote, Senate pro- ceed to a vote in relation to Ensign/Graham Modi- Statements on Introduced Bills/Resolutions: fied Amendment No. 4076 (listed above), and that Pages S4798–S4808 no second degree amendments be in order to either Amendments Submitted: Pages S4808–15 amendment prior to the votes. Page S4791 Authorities for Committees to Meet: Page S4815 A unanimous-consent agreement was reached pro- viding for further consideration of the bill at 10 a.m. Privileges of the Floor: Page S4815 on Friday, May 19, 2006. Page S4817 Record Votes: Seven record votes were taken today. Heroes Earned Retirement Opportunities Act: (Total—135) Senate concurred in the House amendment to the Pages S4733, S4747, S4769–70, S4770, S4775, S4785 Senate amendment to H.R. 1499, to amend the In- Adjournment: Senate convened at 9 a.m., and ad- ternal Revenue Code of 1986 to allow members of journed at 10:17 p.m., until 10 a.m., on Friday, the Armed Forces serving in a combat zone to make May 19, 2006. (For Senate’s program, see the re- contributions to their individual retirement plans marks of the Acting Majority Leader in today’s even if the compensation on which such contribution Record on page S4817.) is based is excluded from gross income, clearing the measure for the President. Pages S4815–16

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Virginia, on behalf of the Coalition to Keep America Committee Meetings Connected. (Committees not listed did not meet) Hearing continues on Thursday, May 25. BUSINESS MEETING NOMINATIONS Committee on Commerce, Science, and Transportation: Committee on Armed Services: Committee ordered favor- Committee ordered favorably reported S. 2802, to ably reported 2,086 nominations in the Army, Navy, improve American innovation and competitiveness in and Air Force. the global economy, with amendments. BUSINESS MEETING BUSINESS MEETING Committee on Banking, Housing, and Urban Affairs: Committee on Finance: Committee ordered favorably Committee ordered favorably reported the following reported the nomination of W. Ralph Basham, of bills: Virginia, to be Commissioner of Customs, Depart- S. 1881, to require the Secretary of the Treasury ment of Homeland Security. to mint coins in commemoration of the Old Mint Also, Committee approved recommendations rel- at San Francisco, otherwise known as the ‘‘Granite ative to proposed legislation implementing the Lady’’; United States-Oman Free Trade Agreement. S. 633, to require the Secretary of the Treasury to mint coins in commemoration of veterans who be- IRAN came disabled for life while serving in the Armed Committee on Foreign Relations: Committee concluded Forces of the United States; and hearings to examine Iran’s political and nuclear am- S. 2784, to award a congressional gold medal to bitions and the enrichment of uranium, focusing on Tenzin Gyatso, the Fourteenth Dalai Lama, in rec- the United Nations Security Council, and the pros- ognition of his many enduring and outstanding con- pect of direct talks with the government of Iran, tributions to peace, non-violence, human rights, and after receiving testimony from Frank G. Wisner, religious understanding. American International Group, Inc., New York, INTERNATIONAL ECONOMIC AND New York; Vali R. Nasr, Naval Postgraduate School, EXCHANGE RATE POLICIES Monterey, California; and Julia Nanay, PFC Energy, and James A. Phillips, Heritage Foundation, Wash- Committee on Banking, Housing, and Urban Affairs: ington, D.C. Committee concluded a hearing to examine the re- port to Congress on International Economic and Ex- NEPAL change Rate Policies, after receiving testimony from Committee on Foreign Relations: Subcommittee on Near John W. Snow, Secretary of the Treasury. Eastern and South Asian Affairs concluded a hearing COMMUNICATIONS CONSUMER’S CHOICE to examine recent political developments in Nepal, AND BROADBAND DEPLOYMENT ACT focusing on the role of the United States to support democracy, security and prosperity in Nepal, after Committee on Commerce, Science, and Transportation: Committee held a hearing to examine S. 2686, to receiving testimony from Richard A. Boucher, As- amend the Communications Act of 1934, receiving sistant Secretary of State for South and Central Asian testimony from former Representative Steve Largent, Affairs; Deepak Thapa, Columbia University, and on behalf of the CTIA—The Wireless Association; Sam Zarifi, Human Rights Watch, both of New Mayor Michael A. Guido, Dearborn, Michigan, on York, New York; and John Norris, International behalf of the United States Conference of Mayors and Crisis Group, Washington, D.C. sundry organizations; Philip McClelland, Pennsyl- NOMINATION vania Office of Consumer Advocate, Harrisburg, on Committee on Homeland Security and Governmental Af- behalf of the National Association of State Utility fairs: Committee concluded a hearing to examine the Consumer Advocates; Kyle McSlarrow, National nomination of Robert Irwin Cusick, Jr., of Ken- Cable and Telecommunications Association, Walter tucky, to be Director of the Office of Government B. McCormick, Jr., United States Telecom Associa- Ethics, Office of Personnel Management, after the tion (USTelecom), Gene Kimmelman, Consumers nominee, who was introduced by Senator McConnell, Union, on behalf of the Consumer Federation of testified and answered questions in his own behalf. America, and Free Press, and Joslyn Read, Satellite Industry Association, all of Washington, DC; Julia UNOBLIGATED BALANCES L. Johnson, Video Access Alliance, Tallahassee, Flor- Committee on Homeland Security and Governmental Af- ida; and Shirley A. Bloomfield, National Tele- fairs: Subcommittee on Federal Financial Manage- communications Cooperative Association, Arlington, ment, Government Information, and International

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Security concluded a hearing to examine unobligated nominee testified and answered questions in his own balances, focusing on their treatment by Federal behalf. agencies and how they impact their budgeting and programming process, including what happens to EMERGENCY PREPAREDNESS FOR SENIORS these accounts when they expire, and how the Office Special Committee on Aging: Committee concluded a of Management and Budget, Department of the hearing to examine caring for seniors during a na- Treasury, and the agencies treat them, after receiving tional emergency, including issues that surfaced as a testimony from Phyllis F. Scheinberg, Assistant Sec- result of the 2005 hurricanes, focusing on challenges retary of Transportation for Budget and Programs, faced by hospital and nursing home administrators and Chief Financial Officer; Lee J. Lofthus, Deputy that are related to hurricane evacuations, the Federal Assistant Attorney General/Controller, Department program that supports the evacuation of patients of Justice; John P. Roth, Deputy Comptroller for needing hospital care and nursing home residents, Program Budget, Office of the Under Secretary of and challenges States and localities face in preparing Defense (Comptroller), Department of Defense; for and carrying out the evacuation of transportation- Charles E. Johnson, Assistant Secretary of Health disadvantaged populations and efforts to address and Human Services for Budget, Technology and Fi- evacuation needs, after receiving testimony from nance; and Robert J. Henke, Assistant Secretary of Daniel W. Sutherland, Officer, Civil Rights and Veterans Affairs for Management. Civil Liberties, and Chair, Interagency Coordinating BUSINESS MEETING Council on Emergency Preparedness and Individuals Committee on the Judiciary: Committee ordered favor- with Disabilities, Department of Homeland Security; ably reported S.J. Res. 1, proposing an amendment Cynthia Bascetta, Director, Health Care, Govern- to the Constitution of the United States relating to ment Accountability Office; Amy B. Aiken, Miami- marriage. Dade Office of Emergency Management, Miami, Florida; Carmel Bitondo Dyer, Baylor College of NOMINATION Medicine Geriatrics Program at the Harris County Select Committee on Intelligence: Committee concluded a Hospital District, Houston, Texas, on behalf of the hearing to examine the nomination of General Mi- American Geriatrics Society; Maurice Frisella, New chael V. Hayden, United States Air Force, to be Di- Orleans, Louisiana; and Jean Cefalu, Slidell, Lou- rector of the Central Intelligence Agency, after the isiana. h House of Representatives Chaplain: The prayer was offered by the guest Chamber Action Chaplain, Chaplain Blan Maurice Stout, Jr., Office of Public Bills and Resolutions Introduced: 10 pub- the Army Chief of Chaplains, Arlington, Virginia. lic bills, H.R. 5416–5425; and 3 resolutions, H. Page H2761 Res. 820–822 were introduced. Pages H2832–33 Suspensions—Proceedings Resumed: The House Additional Cosponsors: Pages H2833–34 agreed to suspend the rules and pass the following Reports Filed: Reports were filed today as follows: measure which was debated on Tuesday, May 16th: Report on the Suballocation of Budget Allocations Condemning in the strongest terms the terrorist for Fiscal Year 2007 (H. Rept. 109–471); and attacks in Dahab and Northern Sinai, Egypt, on H. Res. 821, providing for consideration H.R. April 24 and 26, 2006: H. Res. 795, to condemn 5385, making appropriations for the military quality in the strongest terms the terrorist attacks in Dahab of life functions of the Department of Defense, mili- and Northern Sinai, Egypt, on April 24 and 26, tary construction, the Department of Veterans Af- 2006, by a yea-and-nay vote of 409 yeas with none fairs, and related agencies for the fiscal year ending voting ‘‘nay’’, Roll No. 162. Pages H2773–74 September 30, 2007 (H. Rept. 109–472). Page H2832 Department of the Interior, Environment, and Speaker: Read a letter from the Speaker wherein he Related Agencies Appropriations Act, 2007: The appointed Representative Bonner to act as Speaker House passed H.R. 5386, to make appropriations for the Department of the Interior, environment, and re- pro tempore for today. Page H2761 lated agencies for the fiscal year ending September

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Chabot amendment that prohibits the Forest Serv- Agreed to: ice from spending taxpayer dollars to build logging Slaughter amendment that increases funding (by roads for private interests in the Tongass National transfer) for the National Endowment for the Arts Forest; Page H2817 and the National Endowment for the Humanities by Garrett amendment to prohibit any of the funds $5 million each; Pages H2792–96 made available in the Act from being used to send Maloney amendment (No. 11 printed in the Con- or otherwise pay for the attendance of more than 50 gressional Record of May 17th) to increase funding employees from a Federal department or agency at (by transfer) for royalty and offshore minerals man- any single conference occurring outside the United Page H2817 agement in order to facilitate audits; Pages H2805–08 States; Cannon amendment (No. 10 printed in the Con- Miller of California amendment to prohibit any gressional Record of May 17th) adds $16 million to funds made available in the Act from being obli- Payment-in-Lieu-of-Taxes (PILT) by redirecting gated or expended to conduct the San Gabriel Wa- funds from Interior Department overhead (agreed to tershed and Mountains Special Resource Study; extend and limit the time for debate on the amend- Page H2817 Jackson-Lee of Texas amendment to prohibit any ment); Pages H2808–09 funds made available in the Act from being used to Sanders amendment that redirects $1.8 million in eliminate or restrict programs that are for the refor- funding to the EPA’s Energy Star Programs; estation of urban areas; Page H2817 Pages H2809–111 Jackson-Lee of Texas amendment to prohibit any Taylor of North Carolina amendment increases en- funds made available in the Act from being used to vironmental programs and infrastructure assistance, limit outreach programs administered by the Smith- including capitalization grants for State revolving sonian Institution; Page H2817 funds and performance partnership grants by $2 mil- Oberstar amendment to prohibit funds in the Act lion; Pages H2815–16 from being used by the administrator of the EPA to Rahall amendment (No. 6 printed in the Congres- implement or enforce the Joint Memorandum pub- sional Record of May 17th) prohibits any funds lished in the Federal Register on January 15, 2003 made available by this Act to be used for the sale (68 Fed. Reg. 1995) (by a recorded vote of 222 ayes or slaughter of wild free-roaming horses or burros; to 198 noes, Roll No. 169); and (See next issue.) Page H2817, continued next issue. Gordon amendment to prohibit any of the funds Putnam amendment prohibits use of funds in the made available by this Act from being used in con- Act to conduct activities in violation of the morato- travention of the Federal buildings performance and rium on drilling in the Outer Continental Shelf (by reporting requirements of Executive Order 13123, a recorded vote of 217 ayes to 203 noes, Roll No. part 3 of title V of the National Energy Conserva- 170). Page H2817, continued next issue. tion Policy Act (42 U.S.C. 8251 et seq.), or subtitle Rejected: A of title I of the Energy Policy Act of 2005 (in- Obey amendment that sought to address global cluding the amendments made thereby); Page H2817 climate change by modifying the amount provided Weiner amendment to increase funding (by trans- for EPA Programs and Management; Page H2817 fer) by $1 million for the National Park Service in Poe en bloc amendments that sought to strike sec- order to address the continued closure of the Statue tions 104, 105, and 106 from the bill. Sections 104, of Liberty (by a recorded vote of 266 ayes to 152 105, and 106 provide that no funds provided in this noes, Roll No. 163); title may be expended by the Department of the In- Pages H2798, H2802, continued next issue. terior for the conduct of offshore oil preleasing, leas- Pallone amendment to insert provisions prohib- ing and related activities placed under restriction in iting use of funds for enforcement of EPA’s Toxics the President’s moratorium statement of June 12, Release Inventory Burden Reduction Proposed Rule 1998, in the areas of northern, central, and southern published in the Federal Register, or to follow the California; the North Atlantic; Washington and Or- Toxics Release Inventory 2006 Burden Reduction egon; and the eastern Gulf of Mexico south of 26 de- Proposed Rule also published in the Federal Register grees north latitude and east of 86 degrees west lon- (by a recorded vote of 231 ayes to 187 noes, Roll gitude; no funds provided in this title may be ex- No. 165); Pages H2816–17, continued next issue. pended by the Department of the Interior to conduct

VerDate Aug 31 2005 07:13 May 19, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY6.REC D18MYPT1 ycherry on PROD1PC64 with DIGEST May 18, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D513 offshore oil preleasing, leasing and related activities implement, administer, or enforce section 20(b)(1) of in the eastern Gulf of Mexico planning area for any the Indian Gaming Regulatory Act (25 U.S.C. lands located outside Sale 181, as identified in the 2719(b)(1)). Page H2817 final Outer Continental Shelf 5-Year Oil and Gas Point of Order sustained against: Leasing Program, 1997–2002; and, no funds pro- The Chair sustained the point of order raised vided in this title may be expended by the Depart- against the content of the measure beginning on ment of the Interior to conduct oil preleasing, leas- page 73, line 3 and ending on page 73, line 8 that ing and related activities in the Mid-Atlantic and constituted legislation in an appropriations bill; South Atlantic planning areas (by a recorded vote of Page H2816 141 ayes to 279 noes, Roll No. 164); The Chair sustained the point of order raised Pages H2812–15, continued next issue. against section 425, page 125, lines 3–25 stating Beauprez amendment that sought to reduce the that it constituted legislation in an appropriations budget for the National Endowment for the Arts by bill in violation of clause 2 of rule XXI; $30 million, and redirects the money to the Pages H2826–29 Wildland Fire Management budget of the U.S. For- The Chair sustained the point of order raised est Service (by a recorded vote of 112 ayes to 306 against section 501 stating that it violated clause 2b noes, Roll No. 166); and of rule XXI; and Pages H2829–30 Pages H2818, continued next issue. Obey amendment that sought to increase funding Hefley amendment (No. 1 printed in the Congres- for various accounts with a tax offset. Page H2817 sional Record of May 17th) that sought to reduce H. Res. 818, the rule providing for consideration funding by 1% across-the-board (by a recorded vote of the bill was agreed to by a recorded vote of 218 of 109 ayes to 312 noes, Roll No. 171). ayes to 192 noes, Roll No. 161, after agreeing to (See next issue.) order the previous question by a yea-and-nay vote of Withdrawn: 218 yeas to 191 nays, Roll No. 160. Putnam amendment that was offered and subse- Page H2765–73, H2773 quently withdrawn that sought to increase funding Presidential Messages: Read a message from the (by transfer) by $500,000 for State and Tribal Wild- President wherein he notified the Congress of the life grants in order to direct attention to alligator continuation of the National Emergency with respect control programs in Florida; Pages H2796–98 to Burma—referred to the Committee on Inter- Tancredo amendment (No. 8 printed in the Con- national Relations and ordered printed (H. Doc. gressional Record of May 17th) that was offered and 109–110); and (See next issue.) subsequently withdrawn which sought to strike lan- Read a message from the President wherein he no- guage added in committee that would prevent the tified Congress of the continuation of the national U.S. Geological Survey from consolidating four map- emergency with respect to the Development Fund ping centers into one central operations center; for Iraq, certain other property in which Iraq has an Pages H2802–05 interest, and the Central Bank of Iraq—referred to Conaway amendment that was offered and subse- the Committee on International Relations and or- quently withdrawn which sought to strike section dered printed (H. Doc. 109–112). (See next issue.) 104 from the bill. Section 104 prohibits use of funds for the conduct of offshore oil preleasing, leasing and Amendments: Amendments ordered printed pursu- related activities placed under restriction in the ant to the rule appear on page 2834. President’s moratorium statement of June 12, 1998 Quorum Calls—Votes: Three yea-and-nay votes in specified areas; Pages H2811–12 and ten recorded votes developed during the pro- Tiahrt amendment that was offered and subse- ceedings of today and appear on pages H2772–73, quently withdrawn which sought to prohibit any of H2773, H2774. There were no quorum calls. the funds made available in the Act from being used Adjournment: The House met at 10 a.m. and ad- to promulgate regulations without consideration of journed at midnight. the effect of such regulations on the competitiveness of American businesses; Page H2817 Conaway amendment that was offered and subse- Committee Meetings quently withdrawn which sought to direct attention to EPA drinking water regulations for arsenic; and NO CHILD LEFT BEHIND Page H2817 IMPLEMENTATION Dent amendment that was offered and subse- Committee on Education and the Workforce: Held a hear- quently withdrawn which sought to prohibit any ing on No Child Left Behind: How Innovative Edu- funds made available in the Act from being used to cators Are Integrating Subject Matter To Improve

VerDate Aug 31 2005 07:13 May 19, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY6.REC D18MYPT1 ycherry on PROD1PC64 with DIGEST D514 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 2006 Student Achievement. Testimony was heard from The Committee failed to report H.R. 5410, No public witnesses. Taxation Without Representation Act of 2006. UNLOCKING AMERICA’s ENERGY HOMELAND SECURITY DEPARTMENT RESOURCES PERSONNEL AND SECURITY CLEARANCES Committee on Energy and Commerce: Subcommittee on Committee on Homeland Security: Subcommittee on Energy and Air Quality held a hearing entitled Management, Integration, and Oversight held a ‘‘Unlocking America’s Energy Resources: Next Gen- hearing entitled ‘‘Retention, Security Clearances, eration.’’ Testimony was heard from public wit- Morale, and Other Human Capital Challenges Fac- nesses. ing the Department of Homeland Security.’’ Testi- mony was heard from the following officials of the STOCKHOLM AND ROTTERDAM TOXICS Department of Homeland Security: K. Gregg TREATY ACT OF 2005 Prillaman, Chief Human Capital Officer; and Committee on Energy and Commerce: Subcommittee on Dwight Williams, Director, Office of Security; Environment and Hazardous Materials approved for Kathy L. Dillaman, Associate Director, Federal In- full Committee action, as amended, H.R. 4591, vestigations Processing Center, OPM; and public Stockholm and Rotterdam Toxics Treaty Act of witnesses. 2005. DARFUR—PROSPECTS FOR PEACE TRUTH IN CALLER ID ACT Committee on International Relations: Held a hearing on Committee on Energy and Commerce: Subcommittee on the Prospects for Peace in Darfur. Testimony was Telecommunications and the Internet held a hearing heard from the following officials of the Department on H.R. 5126, Truth in Caller ID Act of 2006. Tes- of State: Jendayi E. Frazer, Assistant Secretary, Bu- timony was heard from Tom Navin, Wireline Bu- reau of African Affairs; and Lloyd O. Pierson, Assist- reau Chief, FCC; and public witnesses. ant Administrator, Bureau for Africa, U.S. Agency REFORM REQUIREMENTS FOR REPORTING for International Development. CASH TRANSACTIONS NIGERIA’S STRUGGLE WITH CORRUPTION Committee on Financial Services: Subcommittee on Fi- Committee on International Relations: Subcommittee on nancial Institutions and Consumer Credit held a Africa, Global Human Rights and International Op- hearing on H.R. 5341, Seasoned Customer CTR Ex- erations held a hearing on Nigeria’s Struggle with emption Act of 2006. Testimony was heard from Corruption. Testimony was heard from Linda Thom- Robert W. Werner, Director, Financial Crimes En- as Greenfield, Deputy Assistant Secretary, Bureau of forcement Network, Department of the Treasury; African Affairs, Department of State; and public wit- Michael F.A. Morehart, Chief, Terrorist Financing nesses. Operations Section, FBI, Department of Justice; Kevin A. Delli-Colli, Deputy Assistant Director, Fi- SHOULDER-FIRED MISSILE THREAT nancial and Trade Investigations, Office of Investiga- REDUCTION ACT tions, U.S. Immigration and Customs Enforcement, Committee on International Relations: Subcommittee on Department of Homeland Security; and public wit- International Terrorism and Nonproliferation ap- nesses. proved for full Committee action H.R. 5333, Shoul- der-fired Missile Threat Reduction Act of 2006. MILITARY PERSONNEL FINANCIAL SERVICES MISCELLANEOUS MEASURES; ANIMAL Committee on Financial Services: FIGHTING PROHIBITION ENFORCEMENT Subcommittee on ACT Oversight and Investigations held a hearing entitled ‘‘Financial Services Needs of Military Personnel and Committee on the Judiciary, Subcommittee on Crime, Their Families.’’ Testimony was heard from Valerie Terrorism, and Homeland Security approved for full Melvin, Acting Director, Defense Capabilities and Committee action the following bills: H.R. 5005, Management Team, GAO; and public witnesses. Firearms Corrections and Improvements Act; H.R. 1384, Firearm Commerce Modernization Act; H.R. RESPOND ACT OF 2006; DC FAIR AND 1415, NICS Improvement Act; and H.R. 5318, EQUAL HOUSE VOTING RIGHTS ACT Cyber-Security Enhancement and Consumer Data Committee on Government Reform: Ordered reported the Protection Act of 2006. following bills: H.R. 5316, as amended, RESPOND The Subcommittee also held a on H.R. 817, Ani- Act of 2006; and H.R. 5388, District of Columbia mal Fighting Prohibition Enforcement Act of 2005. Fair and Equal House Voting Rights Act of 2006. Testimony was heard from public witnesses.

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PHYSICIANS FOR UNDERSERVED AREAS sources Management; and Donald S. Welsh, Admin- ACT istrator, Region III. Committee on the Judiciary: Subcommittee on Immi- gration, Border Security, and Claims held a hearing BRIEFING—DENIAL AND DECEPTION on H.R. 4997, Physicians for Underserved Areas Permanent Select Committee on Intelligence: Sub- Act. Testimony was heard from Representative committee on Intelligence Policy met in executive Moran of Kansas; Leslie G. Aronovitz, Director, session to receive a briefing on Denial and Decep- Health Care, GAO; and public witnesses. tion. The Subcommittee was briefed by departmental OVERSIGHT—ALTERNATIVE FUELS FOR witnesses. TRANSPORTATION f Committee on Resources: Subcommittee on Energy and NEW PUBLIC LAWS Mineral Resources held an oversight hearing on the Energy and Mineral Requirements for Renewable (For last listing of Public Laws, see DAILY DIGEST, p. D 486) and Alternative Fuels Used for Transportation and H.R. 4297, to provide for reconciliation pursuant Other Purposes. Testimony was heard from W. to section 201(b) of the concurrent resolution on the David Menzi, Chief, Minerals Information Team, budget for fiscal year 2006. Signed on May 17, U.S. Geological Survey, Department of the Interior; 2006. (Public Law 109–222) and public witnesses. H.J. Res. 83, to memorialize and honor the con- tribution of Chief Justice William H. Rehnquist. MILITARY CONSTRUCTION, MILITARY Signed on May 18, 2006. (Public Law 109–223) QUALITY OF LIFE AND VETERANS S. 1382, to require the Secretary of the Interior to AFFAIRS APPROPRIATIONS ACT, 2007 accept the conveyance of certain land, to be held in Committee on Rules: Granted, by voice vote, an open trust for the benefit of the Puyallup Indian tribe. rule providing one hour of general debate equally di- Signed on May 18, 2006. (Public Law 109–224) vided and controlled by the chairman and ranking minority member of the Committee on Appropria- f tions. The rule waives all points of order against COMMITTEE MEETINGS FOR FRIDAY, consideration of the bill. Under the rules of the MAY 19, 2006 House the bill shall be read for amendment by para- (Committee meetings are open unless otherwise indicated) graph. The rule waives points of order against provi- sions in the bill for failure to comply with clause 2 Senate of rule XXI (prohibiting unauthorized appropriations Committee on Appropriations: Subcommittee on Labor, or legislative provisions in an appropriations bill), Health and Human Services, Education, and Related except as specified in the resolution. The rule au- Agencies, to hold hearings to examine proposed budget thorizes the Chair to accord priority in recognition estimates for fiscal year 2007 for the National Institutes to Members who have pre-printed their amendments of Health, 8:30 a.m., SD–192. in the Congressional Record. Finally, the rule pro- Committee on Homeland Security and Governmental Affairs: vides one motion to recommit with or without in- business meeting to consider the nominations of Robert structions. J. Portman, of Ohio, to be Director of the Office of Man- agement and Budget, Robert Irwin Cusick, Jr., of Ken- OVERSIGHT—EPA GRANTS MANAGEMENT tucky, to be Director of the Office of Government Ethics, Committee on Transportation and Infrastructure: Sub- and David L. Norquist, of Virginia, to be Chief Financial committee on Water Resources and Environment Officer, Department of Homeland Security, Time to be held an oversight hearing on EPA Grants Manage- announced, S–207, Capitol. ment 2003–2006: Progress and Challenge. Testi- House mony was heard from John B. Stephenson, Director, Committee on Appropriations, Subcommittee on Foreign National Resources and Environment, GAO; and the Operations, Export Financing, and Related Programs, to following officials of the EPA: Bill A. Roderick, mark up the Foreign Operations, Export Financing, and Acting Inspector General; Luis A. Luna, Assistant Related Programs appropriations for Fiscal Year 2007, 8 Administrator, Office of Administration and Re- a.m., H–140 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, May 19 9 a.m., Friday, May 19

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: H.R. 5385—Military Quality of of S. 2611, Comprehensive Immigration Reform Act. Life and Veterans Affairs Appropriations Act for Fiscal Year 2007 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E870, E872, E873, E875, E875, E876, Regula, Ralph, Ohio, E876 E877, E879 Ros-Lehtinen, Ileana, Fla., E878 Baldwin, Tammy, Wisc., E879 Kucinich, Dennis J., Ohio, E870, E873, E875 Shays, Christopher, Conn., E869 Biggert, Judy, Ill., E873, E875 Larson, John B., Conn., E869 Stark, Fortney Pete, Calif., E869 Maloney, Carolyn B., N.Y., E870, E874, E876 Thomas, William M., Calif., E876 Castle, Michael N., Del., E873, E875 Moran, James P., Va., E879 Udall, Mark, Colo., E869 Costello, Jerry F., Ill., E879 Ortiz, Solomon P., Tex., E878 Walsh, James T., N.Y., E877 Etheridge, Bob, N.C., E877 Rangel, Charles B., N.Y., E870, E874 Wamp, Zach, Tenn., E873, E875

(House proceedings for today will be continued in the next issue of the Record.)

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