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

Vol. 151 WASHINGTON, WEDNESDAY, JUNE 8, 2005 No. 75 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces CLIMATE COOKS ALONG WITH THE called to order by the Speaker pro tem- to the House her approval thereof. BOOKS pore (Mrs. MILLER of Michigan). Pursuant to clause 1, rule I, the Jour- (Mr. INSLEE asked and was given f nal stands approved. permission to address the House for 1 DESIGNATION OF THE SPEAKER f minute and to revise and extend his re- PRO TEMPORE PLEDGE OF ALLEGIANCE marks.) Mr. INSLEE. Madam Speaker, we The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the have known for some time that the fore the House the following commu- gentleman from Washington (Mr. INS- Bush administration refuses to exercise nication from the Speaker: LEE) come forward and lead the House any leadership in dealing with climate Washington, DC, June 8, 2005. in the Pledge of Allegiance. change. We now find out not only are I hereby appoint the Honorable CANDICE S. Mr. INSLEE led the Pledge of Alle- they failing to act, they are cooking MILLER to act as Speaker pro tempore on giance as follows: this day. the books and the science involving I pledge allegiance to the Flag of the this issue. J. DENNIS HASTERT, United States of America, and to the Repub- Speaker of the House of Representatives. We read in the New York Times this lic for which it stands, one nation under God, morning a White House official who f indivisible, with liberty and justice for all. once led the oil industry’s fight against PRAYER f limits on greenhouse gases has repeat- The Reverend Nelson Quinones, Pas- WELCOMING THE REVEREND edly edited government climate reports tor, St. John’s Lutheran Church, Allen- NELSON QUINONES in ways that play down links between town, Pennsylvania, offered the fol- (Mr. DENT asked and was given per- such emissions and global warming, ac- lowing prayer: mission to address the House for 1 cording to internal documents. Philip Cooney, White House counsel Holy and Eternal God, we come be- minute and to revise and extend his re- and environmental quality chief of fore You with hearts of service. Send marks.) staff have been cooking the books that Your spirit to stir up our minds and en- Mr. DENT. Madam Speaker, I want we pay for with our tax money on the lighten us in the decisions we make to thank our guest, the Reverend Nel- science of climate change; and because today. son Quinones, who is visiting from my Enable us to remove obstacles; em- the administration has turned the gov- home district in Pennsylvania’s Lehigh power us to build bridges; help us to ernment of the United States over to Valley. The Reverend is the assistant enhance the lives of the people we the oil industry lobbyists, they are not pastor at St. John’s Lutheran Church serve in our Nation and abroad. sharing the real science with the Amer- Be ever present in the lives of our in Allentown, Pennsylvania. ican people. Like many members of the clergy, military people; protect them from the It is one thing to debate. I suppose if violence and danger found in the serv- Reverend Quinones is an important you want to debate gravity, you can do ice they provide. Comfort grieving fam- voice in the overall community. Rev- it, but at least let Americans know ilies and those who await their loved erend Quinones’ byline regularly ap- what the science is in this regard. We ones’ safe return. pears in columns and letters in our are paying for this science, and the Sustain those who may be sick and local and regional newspapers, address- President is cooking the books and not low in spirit. In the midst of pain, ing a variety of important topics that sharing it with us. As a result, we find grant them peace, good medicine, and concern the community. tundra melting in the Arctic, the gla- compassionate caregivers. Just as he serves his congregation ciers disappearing in Glacier National Refresh us Spirit of God, keep us and community, the Reverend has also Park and major changes that our kids faithful to the trust that people have served his country. For 6 years, Rev- are going to have to deal with. bestowed on us to serve this Nation. As erend Quinones was an electronics Madam Speaker, the Bush adminis- we begin another day of service for technician with the United States tration should stop cooking the books Your people, in the name of the one Naval Reserve. when it comes to climate change. Also in attendance today is the Rev- who came to serve, Amen. f erend’s wife, Jessica, who is a kinder- f garten teacher in the Northampton HONORING SPECIALIST DUSTIN THE JOURNAL area school district and their 2-year- FISHER The SPEAKER pro tempore. The old son, Nicholas. They join us today in (Mr. BOOZMAN asked and was given Chair has examined the Journal of the the gallery. permission to address the House for 1

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 jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.000 H08PT1 H4192 CONGRESSIONAL RECORD — HOUSE June 8, 2005 minute and to revise and extend his re- EXPORTING RICE TO CUBA Take the five different educational marks.) (Mr. POE asked and was given per- tax breaks for college education and Mr. BOOZMAN. Madam Speaker, I mission to address the House for 1 make it one $3,000 credit per child rise today to mourn the loss of Army minute and to revise and extend his re- going to college. Specialist Dustin Fisher. Dustin, a Van marks.) Second, simplify family credit. Take Buren, Arkansas, native, gave his life Mr. POE. Madam Speaker, I rise this the earned income tax credit, the per serving his country in Iraq. He was one morning to highlight the importance of child and the dependent care and go of three soldiers killed by terrorists free trade and the merits of agricul- from 20 pages of code down to 12 ques- when a car bomb was detonated near tural trade, particularly rice trade, tions. Dustin’s convoy in Baghdad on May 24. with Cuba. An injunction against tour- Third, on retirement, bring the 16 dif- This is especially hard because not ism is one thing, but our sanctions ferent versions of the Tax Code on sav- only has our State and Nation lost a against Castro’s regime, which have ings down to a universal pension. wonderful young man, but his father, been in place since 1963, should not pre- Madam Speaker, these things would Waldo, is one of the finest people I vent our Nation from selling farm help the middle class eliminate burden- know. Hundreds of people attended products, specifically rice, to the peo- some paperwork and eliminate pages Dustin’s funeral on Monday, a tribute ple there. and pages of Tax Code and help the to the many lives he touched in the The Cuban people will eat rice. If we middle class achieve a middle-class community of Van Buren. He was re- will not sell it to them, they will get it dream. membered as a ‘‘fun-loving person’’ elsewhere. Why are we economically f who always held a soft-spot for the punishing ourselves and our farmers in DECISIVE ACTION NEEDED ON women in his life: his mother, Brenda; the name of punishing Communists in DARFUR sister, April; and his wife, Alicia, to Cuba? whom he was wed only weeks before The Cuban market remained closed (Mr. PITTS asked and was given per- being deployed. until this body passed the Trade Sanc- mission to address the House for 1 Dustin always admired his father, tions Reform and Export Enhancement minute and to revise and extend his re- Waldo, and his brother, Shane, who are Act of 2000. With the reopening man- marks.) both veterans. Dustin shared his fa- dated by this Act, rice sales to Cuba Mr. PITTS. Madam Speaker, I rise ther’s love of country by following in have grown to $64 million a year. But today to talk about the continued re- his footsteps and enlisting in the Army now we hear that some want to slash ports of rape, mutilation, killings, and in 2003. Waldo said that Dustin made back this momentous trade for polit- racism from Darfur, Sudan. The Afri- him more proud than words could de- ical reasons. can Union, the U.N., the international scribe. The Federal Government announced community all know what is happening Madam Speaker, Specialist Dustin it was redefining the definition of there. Women are raped and men are Fisher, at the age of 22, made the ulti- ‘‘payment of cash in advance,’’ a ruling killed. mate sacrifice for his country. He is a which could jeopardize future trade. Our government has called it geno- true American hero. I ask my col- This bureaucracy is getting in the way cide. The U.N. stopped short of using leagues to keep Dustin’s family and of the law. As Cubans begin looking to that term but has expressed concern. friends in their prayers and thoughts Vietnam, Thailand and for other The fact is the extremist regime in during these very difficult times. sources for rice, I urge colleagues to Khartoum is engaging in an ethnic cosign H.R. 1339 to further explain in cleansing campaign, so-called Arab f simple terms to government bureau- Muslims brutalizing and attacking so- crats that U.S. farmers should be al- called black Muslims. One 21-year-old Sudanese woman was attacked by a RISING COST OF HEALTH CARE lowed to trade with Cuba on a cash-for- crop basis. group of uniformed men who said, (Mr. KUCINICH asked and was given ‘‘You are black people. We want to f permission to address the House for 1 wipe you out.’’ minute and to revise and extend his re- FUNDAMENTAL TAX REFORM Madam Speaker, where is our out- marks.) NEEDED rage? Where is the outrage of the inter- Mr. KUCINICH. Madam Speaker, in (Mr. EMANUEL asked and was given national community and the U.N.? We the last few weeks I have had the honor permission to address the House for 1 have no excuse because we know what of addressing Chambers of Commerce minute and to revise and extend his re- is happening. The U.N. does not appear from districts which have included the marks.) to have the ability to rally the public’s gentleman from Florida (Mr. MICA) and Mr. EMANUEL. Madam Speaker, popular support among its membership the gentleman from Alaska (Mr. today in the Committee on Ways and to act decisively because of a few pow- YOUNG). In both cases, we ended up Means we are holding a hearing on tax erful states undermining the process having a deep discussion about the ris- reform. We have a tax system that is behind the scenes. ing cost of health care, about how needlessly complicated, inequitable, The real question is, does the inter- health care is becoming increasingly and burdensome to the middle class. national community care enough to go costly for many American businesses, a We need fundamental tax reform that after the Sudanese government and its threat to their profitability. reflects the values and the interests of puppet militias? I wish I could say we Today’s news is that General Motors our middle-class families, not the spe- do. People are suffering because of our is talking about cutting 25,000 jobs and cial interests. inaction and inaction of the U.N. and closing plants. Here is what GM’s CEO President Bush when he announced the international community. says in today’s news, ‘‘A big challenge the commission said his core principle f for General Motors is to cut its soaring is that tax reform should not adversely health care expenses, $5.6 billion this affect government revenues. The demo- MINORITY WOMEN UNITED year for its 1.1 million current and cratic core principle of tax reform is it AGAINST JANICE ROGERS BROWN former workers and their families. should not adversely affect the middle (Ms. SOLIS asked and was given per- Health care bills add about $1,500 to the class, not the government. It is the mission to address the House for 1 cost of each GM vehicle, a significant middle class that is our taxpayer. minute and to revise and extend her re- disadvantage versus our foreign-based In the last 4 years, the Tax Code has marks.) competition.’’ been filled with special breaks for spe- Ms. SOLIS. Madam Speaker, today I Madam Speaker, it is time for a uni- cial interests. At the same time, the rise in opposition to the confirmation versal, single-payer, not-for-profit tax burden has shifted from wealth to of Janice Rogers Brown who today will health care system which will enable work, form passive dividends to daily be debated on the floor of the other businesses to survive and the health wages. body. Her extreme views are out of care needs of the American people to be Madam Speaker, four objectives of touch with the mainstream and are not provided for. tax reform: in touch with Americans values. She

VerDate jul 14 2003 05:21 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.003 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4193 was the only member of the California Mr. UDALL of New Mexico. President which criticized the Democratic leader- Supreme Court to find that a jury Bush, your Justice Department legal ship for not having or supporting a should not be allowed to hear expert team is failing you, and failing you plan for Social Security reform. The testimony in a domestic violence case miserably. Tobacco companies have editorial also hammered the plan of- regarding battered women’s syndrome. bilked the consumer for hundreds of fered by Democrat Robert Wexler as a She even said that employers may use billions of dollars. I am proud to say lopsided quick fix, calling the proposal racial slurs against their employees. that State attorneys general recovered both unbalanced and inadequate. They Her record is clear. She does not pro- $215 billion for their States. We find say the plan would merely raise payroll tect the rights of women, workers or out today in The Washington Post the taxes and would fail to provide long- minorities. Justice Department has given away the term relief. Further, the proposal Yesterday I and 14 other women ranch. The headline says it all: ‘‘To- shows little or no benefit for workers members of the Congressional Hispanic bacco Escapes Huge Penalty.’’ Even the under the age of 55. Caucus, the Congressional Black Cau- tobacco attorneys are mystified. One solution which could help im- cus and the Asian Pacific American They said, ‘‘They’ve gone down from prove Social Security and provide long- Caucus sent a letter to Senate leaders $130 billion to $10 billion with abso- term relief is through personal retire- stating our strong opposition to the lutely no explanation. It’s clear the ment accounts. Giving Americans the confirmation of Janice Rogers Brown. government has not thought through option of putting a portion of their Given the serious concerns against what it’s doing.’’ payroll taxes into small personal ac- Janice Roger Browns’ views, I encour- President Bush, there is still time. counts is a more balanced and better age my colleagues in the Senate to Call your Attorney General and tell solution to the Social Security prob- vote against her confirmation. Her con- him to put on a real case. Otherwise, lem. Quick fixes, such as the one pro- firmation would have a detrimental ef- you are throwing in the towel to Big posed by Robert Wexler, will only pass fect on women, minorities and all Tobacco. the problem of Social Security to Americans. younger generations. f Madam Speaker, our children and f HOMEOWNERSHIP AND JOB grandchildren deserve the best, includ- b 1015 NUMBERS ing a Social Security program which (Mr. PRICE of Georgia asked and was provides generational fairness. And REPUBLICANS PAVE THE WAY clearly Americans are hearing this FOR AMERICAN HOMEOWNERS given permission to address the House for 1 minute.) clarion call. In fact, a recent Fox News (Mr. WILSON of South Carolina Mr. PRICE of Georgia. Madam poll showed that 84 percent of workers asked and was given permission to ad- Speaker, June is Homeownership age 18 to 55 would support having the dress the House for 1 minute and to re- Month and the housing market con- option of personal accounts. vise and extend his remarks.) tinues to be a catalyst for a growing f Mr. WILSON of South Carolina. economy. Just last quarter, growth fig- IN SUPPORT OF THE AIR FORCE Madam Speaker, June is American ures were revised higher, growing at a ACADEMY Homeownership Month, recognizing the 3.5 percent annual rate. For the past 2 (Mr. STEARNS asked and was given benefits of achieving the American years, the U.S. economy has grown permission to address the House for 1 Dream. As a former real estate attor- faster than the economy of any major minute and to revise and extend his re- ney for 25 years, I know firsthand the industrialized nation. Since May of marks.) joy of homeownership. By purchasing a 2003, over 3.5 million jobs have been home, Americans are investing in their Mr. STEARNS. Madam Speaker, re- created with 24 straight months of job cent reports paint an unfair picture of own futures, ensuring stability and growth. That is 2 years of putting peo- promoting long-term financial security the United States Air Force Academy. ple back to work, 2 years of more peo- It has been characterized as a place for their families. House Republicans ple collecting paychecks. What is even are providing important incentives for where religious intolerance is the more impressive is the fact that the norm. As someone who has spent con- homeowners and creating jobs and are unemployment rate dropped to 5.1 per- paving the way for more American siderable time with Air Force per- cent, the lowest level since 9/11. sonnel and cadets, I know that the families to own their own homes. Many things are behind these posi- academy has always been a place that Today, homeownership is near record tive job numbers, but one thing in par- has indeed taught religious tolerance. levels, with 69.1 percent of American ticular is the strength of our housing After discovering perceptions of reli- families now owning their homes. Ac- market. Homeownership is at near gious bias during a survey in 2004, the cording to the National Association of record levels with nearly 70 percent of academy made considerable efforts to Realtors, sales of existing U.S. homes American families now owning their address issues of religious intolerance climbed 4.5 percent in April. own homes. Sales of existing U.S. and has implemented a proactive plan Increased home sales are just another homes climbed 4.5 percent in April. In to address this very issue. The acad- sign of continued economic growth in 2004, home prices posted the biggest emy leadership instituted a new train- America. Last week, the Department of gain in 25 years. ing program for all cadets, staff, and Labor also reported that the Nation’s Madam Speaker, these steady gains faculty to address the diversity of the unemployment fell to 5.1 percent in are great news. They show that more Air Force and the need for each person May and that over 3.5 million jobs have people are working, more people are to respect others, regardless of their been created since May 2003 when collecting paychecks, more people are beliefs or faith. President Bush signed into law his tax owning their own homes, and more peo- Like any other university, cases of reductions. ple are realizing the American Dream. perceived religious intolerance do Republicans remain dedicated to a This direction should be celebrated. occur. But any attempt to brand the successful, positive agenda that will f academy as a place where intolerance grow the economy and provide more is accepted is just plain false. I applaud SOCIAL SECURITY: DEMOCRATS opportunities to American families. the United States Air Force for taking RAISE TAXES In conclusion, God bless our troops the proper steps to investigate and cor- and we will never forget September 11. (Mr. MILLER of Florida asked and rect any problems regarding allega- f was given permission to address the tions of religious intolerance. House for 1 minute and to revise and f TOBACCO ESCAPES HUGE extend his remarks.) PENALTY Mr. MILLER of Florida. Madam ANNOUNCING INTRODUCTION OF (Mr. UDALL of New Mexico asked Speaker, I rise today to continue to THE SHIELD ACT and was given permission to address shine the light on the need for reform (Ms. MOORE of Wisconsin asked and the House for 1 minute and to revise of our Social Security. On Monday, an was given permission to address the and extend his remarks.) editorial ran in The Washington Post House for 1 minute.)

VerDate jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.005 H08PT1 H4194 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Ms. MOORE of Wisconsin. Madam minute and to revise and extend his re- H. CON. RES. 159 Speaker, I rise today to proudly intro- marks.) Whereas the people of the United States duce H.R. 2695, the Safe Housing Identi- Mr. PENCE. Madam Speaker, as the have a sincere appreciation for the sacrifices fication Exemption for the Lives of Do- largest financial contributor to the being made by the families of members of mestic Violence Victims, the SHIELD United Nations, the American people the Armed Forces while their loved ones are Act, with the gentlewoman from Flor- have every right to demand account- deployed in the service of their country; Whereas military families face unique ida (Ms. HARRIS). I know of the victims ability and transparency at the U.N. challenges while their loved ones are de- that have finally built up the courage and the U.N. Reform Act introduced by ployed because of the lengthy and dangerous to leave their abusive relationships and the gentleman from Illinois (Mr. HYDE) nature of these deployments; have nowhere to go but to a homeless and humbly coauthored by myself will Whereas the strain on military family life shelter. I know of the women who be marked up today in the Committee is further increased when these deployments every day are scared for their lives be- on International Relations and does become more frequent; cause their abusers are trying to track just that. Whereas military families on the home them down. I know of the victims who To restore the credibility of this front remain resilient because of their com- prehensive and responsive support system; are so scared that they can be tracked world forum, we have to have real re- Whereas the brave members of the Armed down by their predators, and they prob- form: in budgeting, oversight, peace- Forces who have defended the United States ably would not seek housing assistance keeping, and human rights. The Hyde/ since September 11, 2001, continue to have in- if they knew that HUD required them Pence bill authorizes a variety of credible, unending support from their fami- to disclose their personal information, methods of leverage to enact reforms, lies; and their Social Security numbers, birth including the withholding of 50 percent Whereas the week of June 12, 2005, has been date and location into the homeless of U.S.-assessed dues if certifications proposed to be designated as National Mili- tary Families Week: Now, therefore be it management information system data- are not made in key areas. Resolved by the House of Representatives (the base. The U.N. plays a vital role in the Senate concurring), That the Congress— I am thinking of those abusers who world, but it cannot do so if it is (1) recognizes the sacrifices of military have ready access to this personal in- bogged down in bureaucracy and scan- families and the support they provide for formation. They may be their partners. dal. Hyde/Pence provides a vision for their loved ones serving as members of the These abusers may work in one of U.N. reform and the tough incentives Armed Forces; and these agencies and have ready access to to accomplish it. Hyde/Pence is U.N. (2) supports the designation of a week as this database. reform with teeth, and I urge its adop- National Military Families Week. I ask my colleagues to please support tion. The SPEAKER pro tempore. Pursu- H.R. 2695, the SHIELD Act, to exclude ant to the rule, the gentleman from f personally identifying information. North Carolina (Mr. JONES) and the Reaching out for assistance is a really CONSIDERING MEMBER AS FIRST gentleman from Oklahoma (Mr. BOREN) big step for these victims. Let us not SPONSOR OF H.R. 1704 each will control 20 minutes. The Chair recognizes the gentleman put them in grave danger. Mr. CANNON. Madam Speaker, I ask from North Carolina (Mr. JONES). f unanimous consent that I may here- GENERAL LEAVE METHAMPHETAMINES after be considered as the first sponsor of H.R. 1704, a bill originally intro- Mr. JONES of North Carolina. (Mr. MCHENRY asked and was given duced by Representative PORTMAN of Madam Speaker, I ask unanimous con- permission to address the House for 1 Ohio, for the purposes of adding co- sent that all Members may have 5 leg- minute and to revise and extend his re- sponsors and requesting reprintings islative days within which to revise marks.) pursuant to clause 7 of rule XII. and extend their remarks on the con- Mr. MCHENRY. Madam Speaker, The SPEAKER pro tempore (Mrs. current resolution under consideration. there is a growing drug problem in my The SPEAKER pro tempore. Is there MILLER of Michigan). Is there objection home State of North Carolina and to the request of the gentleman from objection to the request of the gen- across America, and it is one we in Utah? tleman from North Carolina? There was no objection. Congress must face this year. The There was no objection. White House Office of National Drug Mr. JONES of North Carolina. Control Policy has called f Madam Speaker, I yield myself such methamphetamines one of the fastest ANNOUNCEMENT BY THE SPEAKER time as I may consume. growing drugs in America. Worst of all, PRO TEMPORE I rise in strong support of H. Con. those producing and trafficking meth Res. 159, offered today by the gen- often do so in the presence of children. The SPEAKER pro tempore. Pursu- tleman from Arkansas (Mr. BOOZMAN). In 2004 alone, 2,754 children were found ant to clause 8 of rule XX, the Chair Today as we continue to fight the glob- in 34 percent of the methamphetamine will postpone further proceedings al war on terrorism, it is entirely ap- busts. today on the remaining motion to sus- propriate to honor the families of serv- Along with 14 other Members of Con- pend the rules on which a recorded vote icemembers who make sacrifices just gress, I have introduced H.R. 1616, or the yeas and nays are ordered, or on as real, and no less difficult, as those which would double the maximum jail which the vote is objected to under who deploy to the war fighting zones. time of Federal sentencing for those clause 6 of rule XX. America may not realize it, but in involved in the production or transpor- Any record vote on the postponed the last 30 years, the military has gone tation of illicit drugs in the presence of question will be taken tomorrow. from a predominantly single male es- children. Almost as much as abusing f tablishment to one with a greater em- meth, being exposed to chemicals in- phasis on family. In 1974, for example, RECOGNIZING THE SACRIFICES volved in its production is extremely 40 percent of enlisted members were BEING MADE BY FAMILIES OF dangerous and children found in meth married. Today, nearly 50 percent of MEMBERS OF THE ARMED labs have often been physically abused the active and Reserve component en- FORCES and neglected. listed members on active duty are mar- I ask my colleagues to please join me Mr. JONES of North Carolina. ried. Among officers, 68 percent of ac- in supporting H.R. 1616 to protect kids Madam Speaker, I move to suspend the tive duty officers and 73 percent of Re- from illicit drug production and traf- rules and agree to the concurrent reso- serve component officers are married. ficking. lution (H. Con. Res. 159) recognizing There is another story to be told by f the sacrifices being made by the fami- these statistics. America has become lies of members of the Armed Forces heavily reliant on its Reserve compo- ANNOUNCING MARKUP OF U.N. and supporting the designation of a nents, the National Guard, the Army REFORM ACT week as National Military Families and Marine Corps Reserves and the Re- (Mr. PENCE asked and was given per- Week, as amended. serves of the other services. So the bur- mission to address the House for 1 The Clerk read as follows: den and sacrifice of war is not confined

VerDate jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.007 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4195 to a small portion of America’s mili- Madam Speaker, I reserve the bal- that. We have got just the day-to-day tary. The effort by military families is ance of my time. situation of the separation, the anxiety taking place in many of the small Mr. JONES of North Carolina. and things that are going on. So we towns, cities, and counties that each of Madam Speaker, I yield such time as have a great opportunity. And I want us represents. he may consume to the gentleman to thank the leadership and I want to In my view, all military families from Arkansas (Mr. BOOZMAN), who in- thank their staff for giving me the op- have responded magnificently. So troduced this resolution. portunity to bring this resolution to today I call upon my colleagues to sup- Mr. BOOZMAN. Madam Speaker, I the floor and encourage Members to port this resolution to honor military rise today to support H. Con. Res. 159 vote for it and then again just encour- families, to thank them for what they to recognize the sacrifices being made age our community and country to have done, and to ask them for their by the family members of the Armed take the opportunity to remember continued support. Forces and to support the designation these people, not only in their Madam Speaker, I reserve the bal- of the week of June 12 as National Mili- thoughts and prayers but by deeds and ance of my time. tary Families Week. I want to thank action. b 1030 the gentleman from North Carolina Mr. BOREN. Madam Speaker, I yield Mr. BOREN. Madam Speaker, I yield (Mr. JONES) and the gentleman from back the balance of my time. myself such time as I may consume. Oklahoma (Mr. BOREN) for their leader- Mr. JONES of North Carolina. I rise in support of House Concurrent ship on this issue. Madam Speaker, I yield such time as Resolution 159, which proposes to des- Over the last several years I have he may consume to the gentleman ignate the week of June 12, 2005, as Na- traveled around the world and met from South Carolina (Mr. WILSON). tional Military Families Week. I want many young men and women serving Mr. WILSON of South Carolina. to commend the gentleman from Ar- our country. They have dedicated their Madam Speaker, I thank the gen- kansas (Mr. BOOZMAN) and the gentle- lives to defending this Nation and the tleman from North Carolina (Mr. woman from South Dakota (Ms. principles on which it was founded. JONES) for yielding me this time. HERSETH), the bill’s sponsors, for bring- They have dedicated their lives to pro- It is a great honor for me to be here ing this matter to the House. tecting each of us and our families. today to speak on behalf of House Cur- Today, over 280,000 of the 1.4 million We have seen an increased awareness rent Resolution 159, and I want to con- soldiers, sailors, airmen, and Marines of the sacrifices these men and women gratulate the authors, the gentleman are currently deployed around the have been making. Yet there are many from Arkansas (Mr. BOOZMAN) for his globe; and, of those currently deployed, more people that are being overlooked. leadership in recognizing the impor- more than 200,000 are serving in the There are husbands and wives who re- tance of military families and desig- CENTCOM area of operation in support main here in the United States while nating June 12 as National Military of Operation Iraqi Freedom and Oper- their spouses are making an enormous Families Week. ation Enduring Freedom in Afghani- sacrifice. They are here working and As I stand before this Chamber, I am stan. And I am especially proud of the caring for children and other family very grateful to let the Members know men and women in uniform from my members left behind. These families that my appreciation of military fami- home State of Oklahoma. face unique challenges while their lies is because we are one, and I am However, times have changed since loved ones are deployed. Yet they re- very grateful that our family has mul- we drafted young, single service mem- main resilient because of the wonderful tiple generations of recognition of how bers. Compared to those earlier years, support system they have here at extraordinary it is and what a great many of today’s professional volunteer home. honor it is to represent the people of forces are married and have families. As we designate a week to recognize the United States in uniform. Today, there are approximately 700,000 and celebrate these families, I urge our As I think about the multiple genera- spouses and more than 1.2 million de- citizens to come forward to support tions, I was inspired by my dad, who pendent children between the ages of these families. We must get involved in served in the Flying Tigers during birth and 18 years, and those numbers our local communities. Several founda- World War II, the 14th Air Force; and I continue to climb after each deploy- tions, like the Armed Forces Founda- had the extraordinary opportunity 2 ment. tion, the Wounded Warrior Foundation, years ago to visit with President Jiang A National Military Families Week and the Love Gift Fund, are busy as- Zemin of China, who told me of how will provide an opportunity to allow sisting these families and need our help the American military is revered in the Nation to recognize the sacrifices to carry on. China for the liberation of their coun- not only of those who serve in uniform I also want to thank the gentle- try during World War II. but of the sacrifices that the families woman from South Dakota (Ms. Additionally, I am inspired because make as well. Military families left be- HERSETH), who is a cosponsor of this of my late father-in-law, who served in hind often face a myriad of challenges bill who is unable to be here this morn- the U.S. Marines during World War II. when a loved one is deployed. Fear, dis- ing. He had been advised that it was impos- appointment, depression, anger, re- Recently, I was in Landstuhl in Ger- sible for the American Marines to cap- spect, admiration, joy, and pride are many. This is the base that, when the ture the Japanese headquarters at Oki- just a few of the feelings that military soldiers are injured, they immediately nawa, Shuri Castle. It had been for- families face during those months of come to out of Iraq. I was there, and we tified and refortified for 400 years, and separation. Many children will be born were in the intensive care unit. of course the U.S. Marines took that as while a parent is deployed to Afghani- A young man that had been wounded a challenge, and they did capture Shuri stan or Iraq. Tragically, some of them on night patrol, I was there in the Castle, and I am very grateful that my will never know their parent who afternoon, and he had been wounded at late father-in-law was awarded the served in uniform. four o’clock the previous evening, had Navy Cross. But he understood sac- More so than ever, military families lost both his legs below the waist. He rifice. He, following the conflict on are facing birthdays, they are facing wanted to tell his story to us. They lit- Okinawa, was shot in the back by a proms, graduations, holidays, and wed- erally pulled out the breathing appa- sniper, and he spent the rest of his life dings and other family events without ratus. He apologized that he could not in a wheelchair. But he never regretted their service member. So it is fitting speak very well and was telling his his service to the American people. that our Nation recognizes the sac- story, related what had happened. But And the inspiration was to me. I had rifices being made by military families the first thing he wanted to know was the privilege of serving 31 years in the and appreciate their contributions dur- how his wife was doing and was there Army National Guard, and the reason I ing a National Military Families Week any way that we could get them paired stayed in so long is because the people with appropriate observance and cele- up, and we reassured him that he would that we meet in the military are dedi- bration. be with her the next day. cated, they are competent, they are pa- I urge my colleagues to support this But, truly, we have situations like triotic. They are people that inspire resolution. this occurring. We have situations like people to want to be associated with

VerDate jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.008 H08PT1 H4196 CONGRESSIONAL RECORD — HOUSE June 8, 2005 them, and I urge young people in par- I want to make just a few comments, they did not have a father, I thought, ticular and families to get involved in and then I will close. what a price to pay. But thank God for the military process. This is such an important time in the those like Colonel Underwood who are I also want to give credit to my wife, history of our Nation. It is such an im- willing to pay the price so that we can Roxanne. She has had the great experi- portant thing that we are doing today enjoy the freedom in this great Nation ence of raising three sons who are cur- in remembering the families. As the known as America. rently serving in the military today. Members can see, in front of me is a The other story I would like to share Our oldest son, Alan, returned in Feb- photograph of a Marine who was get- very quickly, and I am going to put an- ruary from serving 1 year and a day in ting ready to be deployed. This was a other photograph up, if I may, this is a Iraq in the Army National Guard. We few years ago. In fact, this was before photograph of a child whose name is are very proud of him. He is classic Na- Iraq and Afghanistan. Major Trenchard Tyler Jordan. Tyler’s father was a tional Guard. He was mobilized 16 was getting ready to be deployed to gunny sergeant, actually at one time months ago. He was retrained, served Bosnia, and I have had this photograph stationed at Camp Lejeune, and his for a year in Iraq. He has come back, for probably 8 years. It is just the name was Phillip Jordan. and now he is Assistant District Attor- greatest shot I have ever seen. Stand- I saw this photograph in a newspaper, ney in our home county. In fact, this ing on his big boots, we can see his lit- and I was so taken by the look on this week he had his first case that began tle girl named Megan. This was taken young boy’s face. He has got the folded at the courthouse. So it is a real testi- by a newspaper in my State of North flag under his arm, he has got a little monial to our Guard members, how Carolina. He is a big man, as we can flight jacket on, and he is holding the they can serve and be citizen soldiers tell from the photograph, and he is hand of a military person. You can tell and be proud of serving. holding in his hands his daughter that by the uniform. Additionally, our second son 2 weeks Bridget. This reminded me of a Marine whose ago was promoted to lieutenant in the I believe this is what we are here funeral I went to at Camp Lejeune. His U.S. Navy, and he is currently serving today about. That is, to thank those name was Michael Bitz. Michael was 31 at the U.S. Naval Hospital in San who wear the uniform, thank the fami- years old. He was killed at Fallujah. He Diego. We are very proud that he and lies who stand beside them. Many left a wife, Janina, and four children, his wife and two young sons have what times, it is a husband when it is the including twins that he never saw. The I hope will be a long-term career in the wife in the military and the wife is twins were born 2 months after he was U.S. Navy. overseas, but most of the time it is the deployed. And then this week is a big week for wife who is at home and the husband At the funeral, she read the last let- our family in that on Friday our third oversees and the wife taking care of ter she received from him, and I re- son will be graduating from officer the children. member four points very quickly, and basic school at Fort Gordon, Georgia. I think about the district I represent, then I will make a couple more com- So I am really hopeful that we get out Camp Lejeune Marine Base, Cherry ments and close. of here early enough on Thursday so I Point Marine Air Station, Seymour He talked about how much he missed can fly to Columbia and drive to Au- Johnson Air Force Base, and I want to his family and how much he appre- gusta so I can see his graduation. ciated the photograph of the twins. He So as I tell the Members how much I share with my colleagues on the floor talked about the fact he was a religious appreciate military families, indeed it today that in the 11 years I have been man, that Jesus Christ was so impor- is very personal; and I am so grateful in office, I do not have a military back- tant in his life. He made a third point for leadership here in Congress of both ground but I have a real sincere appre- in the letter. He said, ‘‘I hope that He,’’ parties to recognize families. ciation for those who do wear the uni- I have to point out that I just arrived form and their families; and I want to meaning the Lord, ‘‘will give me the back last week from my fourth visit to share very briefly in the few minutes I strength to do what I am supposed to Iraq, and I had the opportunity to meet have left some of my thoughts about do for my country.’’ Then the fourth firsthand with our troops in Fallujah. I being in Congress and what has hap- point was he said to Janina, ‘‘I don’t had the opportunity to meet with our pened that maybe impacted my life know if I will see you on Earth or in troops at Balad and then at Camp Vic- that I will never forget that really heaven, but one day we will be back to- tory, and we got to meet with the gen- dealt with military families. gether.’’ erals. We got to meet with people from One being that the third year I was in I share that because I think this ties our home State, young enlisted per- office I got a call from Mrs. Gloria right into this resolution introduced by sonnel, the junior officers. The enthu- Underwood in Goldsboro, North Caro- the gentleman from Arizona (Mr. siasm of our troops, the morale of our lina, whose husband, Colonel Paul BOOZMAN) and supported by both sides. troops, just can warm the hearts of Underwood, was shot down, a fighter Too many times, unless we have a family members and also their employ- pilot, Air Force, in Vietnam. And she loved one in the military, we forget the ers back at home. called me. I did not know her, and she stress, the pressure, that is on the fam- A difference is being made. Our did not really know me except she ily. That is why I think this resolution troops understand in the war on terror knew I was elected to Congress. She is so, so vital today. that they are protecting the American said, ‘‘We are going to have a service at Madam Speaker, one other point I families by taking the war to the Arlington. My husband is coming home want to make, and this was given to enemy oversees and that protects 30 years after he was shot down and me earlier, there is an article in to- American families whom we are recog- killed.’’ day’s USA Today, June 8, and it talks nizing today. I never will forget that day. It was in about soldiers’ divorce rates are up So, again, I want to thank the lead- the fall. It was not too cold, but it was sharply. I wanted to read one thing ers on this particular bill. I want to cool. My staff and I went over to the very quickly: urge support of my colleagues of H. chapel at Arlington. It happened to be ‘‘The trend is severest among offi- Con. Resolution 159. a Catholic service, and I just sat there cers. Last year, 3,325 army officers’ And, in conclusion, God bless our looking at the children of Colonel Paul marriages ended in divorce, up 78 per- troops; and we will never forget Sep- Underwood. He represented all who cent from 2003, the year of the Iraq in- tember 11. have ever fought in war that did not vasion, and more than 31⁄2 times the Mr. JONES of North Carolina. come home. number in 2000, before the Afghanistan Madam Speaker, I yield myself such operation. Army figures show for en- time as I may consume. b 1045 listed personnel, the 7,152 divorces last I want to thank the gentleman from Mrs. Underwood represented the fam- year were 28 percent more than in 2003, Oklahoma (Mr. BOREN) and certainly ilies whose family member did not and up 53 percent from 2000.’’ the gentleman from Arkansas (Mr. come home. When I looked at the chil- Madam Speaker, I share that as we BOOZMAN), who introduced this resolu- dren in that chapel and looked at Mrs. begin to close this debate. It is impor- tion, and my good friend from South Underwood and thought for almost 30 tant what we are doing today with this Carolina. years they did not have a husband, resolution. It is important that we as a

VerDate jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.010 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4197 Congress, as we always do in a bipar- While loved ones are away serving our Na- only, I yield the customary 30 minutes tisan way, work for our military and tion in uniform, families are left with only one to the gentlewoman from California their families. We shall never forget parent and all the responsibility of the family. (Ms. MATSUI), pending which I yield the cost of freedom, and I know that In the case of National Guard and Reserve myself such time as I may consume. the people in America feel as passion- service members, it nearly always leaves the During consideration of this resolu- ately as I do, that we need to always family with much less earning power and the tion, all time yielded is for the purpose remember that those who wear the uni- entire family must make do with less. This of debate only. form, whether it is peacetime or war- breeds a number of challenges for military (Mr. HASTINGS of Washington asked time, must be supported and their fam- families. and was given permission to revise and ilies, with the quality-of-life issues, While we in Congress must do all we can to extend his remarks, and include extra- must be maintained adequately. help those families financially and with appro- neous material.) Mr. BISHOP of New York. Madam Speaker, priate health care and other quality of life com- I rise in strong support of this resolution recog- ponents . . . the least we can do today is to Mr. HASTINGS of Washington. Mr. nizing the families of the members of the U.S. have a special week to recognize the difficul- Speaker, House Resolution 304 is a rule Armed Forces and supporting the designation ties that our military families live through every providing for 2 hours of general debate of National Military Families Week. day. We must remember their sacrifices every on H.J. Res. 27, withdrawing the ap- I commend the gentleman from Arkansas day, but it is useful and educational to take a proval of the United States from the for introducing this important tribute to the week to officially honor the sacrifice of the agreement establishing the World families of our brave men and women in Iraq, families of those who wear the uniform of the Trade Organization, to be equally di- Afghanistan and along the front lines of the United States. vided among and controlled by the global war on terrorism. American families with Mr. JONES of North Carolina. chairman and ranking member of the sons and daughters deployed overseas de- Madam Speaker, I yield back the bal- Committee on Ways and Means, the serve our recognition for the support and com- ance of my time. gentleman from Texas (Mr. PAUL), and fort they provide every day. The SPEAKER pro tempore (Mrs. the gentleman from Vermont (Mr. Nearly 40 percent of service men and MILLER of Michigan). The question is SANDERS). women who are currently deployed or away on the motion offered by the gen- The rule provides that during consid- from their permanent duty stations have left tleman from North Carolina (Mr. eration of H.J. Res. 27 pursuant to this famlies with children, and there are over JONES) that the House suspend the resolution, notwithstanding the oper- 3,000,000 family members and dependents of rules and agree to the concurrent reso- ation of the previous question, the those serving on active duty and in the re- lution, H. Con. Res. 159, as amended. Chair may postpone further consider- serves. These families share unique chal- The question was taken; and (two- ation of the bill to a time designated lenges as they endure unpredictable recalls, thirds having voted in favor thereof) by the Speaker. extended tours of duty, and deployments that the rules were suspended and the con- current resolution, as amended, was Mr. Speaker, I rise today in support can be as frustrating and painful as recovering of this fair rule, but in opposition to from the traumas of war and the readjustment agreed to. A motion to reconsider was laid on the underlying H.J. Res. 27, with- to life back home. drawing the approval of the United By passing this resolution today, military the table. States from the agreement establishing families will know that America understands f the World Trade Organization. and appreciates the critically important link be- PROVIDING FOR CONSIDERATION tween the support they provide and the readi- OF H.J. RES. 27, WITHDRAWING In 1994, Congress passed the Uruguay ness of our troops. Having honored our fallen APPROVAL OF THE UNITED Round Table Agreements Act estab- this past Memorial Day, we extend our appre- STATES FROM AGREEMENT ES- lishing the World Trade Organization, ciation to the active duty and reserve per- TABLISHING THE WORLD TRADE an independent body charged with sonnel, as well as their families, who continue ORGANIZATION monitoring and determining compli- making sacrifices to help our troops honor ance with trade agreements. That law Mr. HASTINGS of Washington. Mr. authorized the President to accept the their commitments to the Armed Forces and to Speaker, by direction of the Com- our Nation. United States’ membership in the WTO mittee on Rules, I call up House Reso- and requires a report to be submitted Madam Speaker, I encourage my col- lution 304 and ask for its immediate leagues to support this resolution and look for- to Congress every 5 years on the United consideration. States’ participation in the WTO. ward to working toward providing military fami- The Clerk read the resolution, as fol- lies the assistance they deserve for their many lows: The law also offers Congress the op- contributions and dedication to our troops. H. RES. 304 portunity every 5 years to assess Mr. ORTIZ. Madam Speaker, I rise in sup- Resolved, That upon the adoption of this whether continued membership in this port of H. Con. Res. 159 because now it is resolution it shall be in order to consider in organization is in the best interest of more important than ever for our Nation to the House the joint resolution (H.J. Res. 27) the United States. I believe that Mem- show our support for our warfighters. While withdrawing the approval of the United bers of the House should be afforded our Armed Forces are engaged in struggles in States from the Agreement establishing the this opportunity to register their views Afghanistan against the terrorists that attacked World Trade Organization. The joint resolu- on this question through a vote of the our Nation—and deployed against insurgents tion shall be considered as read. The joint House, which I urge my colleagues to resolution shall be debatable for two hours in Iraq—they represent the interests of our Na- vote on in support of this rule. tion. equally divided among and controlled by the We are at war; and the people who carry chairman and ranking minority member of The United States already has low the Committee on Ways and Means, Rep- tariffs, few subsidies, and a history of the guns and go after our enemies have a job resentative Paul of Texas, and Representa- that is harder than any of us can imagine. This abiding bylaws and agreements. Our tive Sanders of Vermont or their designees. farmers and producers in my area in Nation asks our men and women in the armed Pursuant to section 152 of the Trade Act of service to carry out a mission in which their 1974 and section 125 of the Uruguay Round central Washington and across the lives are frequently in danger. Many do not Agreements Act, the previous question shall country are some of the most efficient come home to their families’ arms. The ones be considered as ordered on the joint resolu- in the world and are capable of com- who do come home must cope with new reali- tion to final passage without intervening peting and winning in world markets, motion. so long as they do not face foreign gov- ties in their lives, and in the lives of their fami- SEC. 2. During consideration of H.J. Res. 27 lies. ernment policies like subsidies and pursuant to this resolution, notwithstanding dumping practices that stack the deck As a senior member of the House Armed the operation of the previous question, the Services Committee, there’s a wisdom to our Chair may postpone further consideration of against them. recruitment. First, you recruit a soldier. When the bill to a time designated by the Speaker. The enforcement of a rules-based he re-enlists, you recruit the whole family. The SPEAKER pro tempore (Mr. trading system through the World Much of our retention problems stem from LAHOOD). The gentleman from Wash- Trade Organization is our best oppor- families simply not being able to handle the ington (Mr. HASTINGS) is recognized for tunity to gain access to these markets emotional strain of a loved one serving, plus 1 hour. for our Nation’s farmers and rural com- the financial detriment military service can Mr. HASTINGS of Washington. Mr. munities. The removal of artificial bar- present. Speaker, for the purpose of debate riers to trade is of critical importance

VerDate jul 14 2003 05:21 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.012 H08PT1 H4198 CONGRESSIONAL RECORD — HOUSE June 8, 2005 to apple growers and tree fruit farmers Ninety-seven percent of all U.S. trade Mr. DREIER. Mr. Speaker, I rise in in the agricultural-based economy in is with other WTO members. No matter support of this rule and in very, very central Washington that I represent. where you fall on trade issues these strong opposition to what this resolu- I am pleased that in 2003, the World days, it is clear that our economic in- tion is attempting to do. Trade Organization stood up for the terests continue to lie with engaging The great economist Milton Fried- apple growers in central Washington our preeminent trading partners. And man once said, ‘‘Underlying most argu- and across the Nation by leveling the we must keep working to ensure that ments against the free market is a lack playing field in a dispute over Japan’s American companies that create jobs of belief in freedom itself.’’ Now, Mr. import restrictions on imported U.S. here at home by doing business over- Speaker, if we listen carefully to the apples. For nearly a decade, U.S. apple seas are able to do so in the most reasons we commonly hear for aban- growers dealt with Japan’s unjustified transparent, lawful, and predictable doning our open trade agenda, it be- import requirements, which are im- business environment possible. comes very clear that Milton Friedman posed with no scientifically sound evi- In short, America’s long-term eco- was absolutely right. dence. Trade restrictions should be nomic interests are too important to We hear these claims all the time: based on scientific evidence and should disengage from this organization, and Free trade agreements will leave work- be implemented on a limited basis, not America is too great a Nation to send ing families without good jobs. Trade used merely as tools to create unfair yet another signal to the world that we liberalization will weaken worker trade barriers. are withdrawing from the community rights in developing countries. Low- The World Trade Organization ruled of nations. In recent years we have al- ering barriers to open trade will dev- that Japan’s restrictions were not jus- ready done that all too often. astate the environment. tified and were in breach of their World So I commend the gentleman from The underlying claim is that greater Trade Organization obligations. This California (Mr. THOMAS), the gen- economic freedom will harm Ameri- United States victory brought the tleman from New York (Mr. RANGEL), cans and our trading partners alike, hopes of meaningful access to Japan’s and all of the members of both parties but this fear of freedom is not based in markets to the domestic apple industry on the Committee on Ways and Means fact. and will help us fight similar trade bar- for unanimously reporting this legisla- Following World War II, the world’s riers in markets throughout the world. tion with an adverse recommendation. major trading partners came together, Withdrawing from the World Trade I am pleased that both parties are pre- the global leaders, and established the Organization would result in our farm- pared to make a strong statement General Agreement on Tariffs and ers, growers, and producers being shut about the importance of this Nation’s Trade, the GATT. This agreement was out of these export opportunities and continued engagement in the world designed to establish an international the loss of millions of jobs depending economy. system of fair trade rules, pursuing Trade issues today are stirring a on them. Therefore, I believe that we that goal of the complete elimination great deal of concern among Members must support our Nation’s continued of tariff and nontariff barriers, pro- of both parties, and my opponents in membership in the WTO and must con- viding a forum for trading partners to this debate are men and women of tinue aggressive enforcement of the settle any disputes that existed. The goodwill with real concerns that the rules of international trade. Our Na- General Agreement on Tariffs and American people’s ability to maintain tion’s economy can continue to grow if Trade was the predecessor to what is appropriate standards for their commu- we have access to global markets on a now known as the World Trade Organi- nities on issues from food safety to en- level playing field. zation. Through trade liberalization vironmental protection will be under- So, Mr. Speaker, I urge my col- that the GATT and the WTO have en- mined by the lower standards of other leagues to support the rule and to op- abled, with the existence of those, have countries. These are worthy and real pose the underlying bill. seen average tariffs in industrialized concerns, concerns that reflect the Mr. Speaker, I reserve the balance of countries go from 40 percent down to 4 complexity and seriousness of these my time. percent, spurring a six-fold increase in issues which have real consequences for Ms. MATSUI. Mr. Speaker, I yield global GDP. our economy and our citizens. myself such time as I may consume. And, of course, remember, a tariff is America must be tough and smart (Ms. MATSUI asked and was given a tax, so by reducing that tariff bur- and represent the interests of all our permission to revise and extend her re- den, through the goal of the GATT and people in the trade arena, especially as marks, and include extraneous mate- now the WTO, we have been able to re- we negotiate new trade agreements. rial.) duce the tax burden on consumers Many Members of both parties in this Ms. MATSUI. Mr. Speaker, I thank throughout the world. So we have seen, Chamber have valid and important the gentleman from Washington for by virtue of that 40 percent to 4 per- questions about whether our trade pol- yielding me this time. cent reduction, a six-fold increase in icymakers are doing that. But with- Mr. Speaker, as my colleagues look gross domestic product growth. around the world today, I have no drawing from the WTO is not the an- Since the creation of the World Trade doubt most would agree that whether swer. Organization 11 years ago, U.S. exports Americans are right to demand that the subject is fully engaging our allies have increased by $300 billion. We have our negotiators look out for the broad- on matters of national security and di- seen our exports since the establish- er community as the United States en- plomacy, working to protect our ment of the WTO increase by $300 bil- gages the world economically, but en- shared environment from global warm- lion. Over this time period, exports gage it we must. I am hopeful that ing and other threats or striving to have come to support over 25 percent of today the House is prepared to reject grow our economies in a fashion that is the economic growth that we enjoy in this resolution on a bipartisan basis both efficient and humane, the United the United States. Remember, we have with a vote that will help preserve our States should be playing a larger role a, virtually, almost $11 trillion econ- leadership role in the world. in the world arena, not withdrawing Mr. Speaker, I reserve the balance of omy here in the United States. 25 per- from it. my time. cent of the growth in that economy is Clearly, there are many areas in due to exports. Open trade and invest- which the WTO needs reform. However, b 1100 ment has netted an extra $1 trillion in our continued participation is far too Mr. HASTINGS of Washington. Mr. U.S. income every year, or about important for walking away to be con- Speaker, I am pleased to yield such $10,000 per household, as a result of sidered a real option. Simply put, if time as he may consume to the distin- those reductions that we have seen in America were to pull out of the WTO, guished chairman of the Committee on tariff and nontariff barriers. we would be relegated to the small Rules, the gentleman from San Dimas, As the world’s largest exporter and community of nations who are not California (Mr. DREIER). importer, the United States has the members, losing any ability to influ- (Mr. DREIER asked and was given most to gain from the lower trade bar- ence the organization and its negotia- permission to revise and extend his re- riers and fairer global trade rules that tions on a wide range of issues. marks.) the WTO brings. By reducing tariffs,

VerDate jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.014 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4199 strengthening intellectual property and the environment and the DR– MATSUI) pointed out, it is in the United protection, and increasing trans- CAFTA bill will be devastating. They States’ interests to be in a rules-based parency in all of the 148 member coun- will in effect argue that the region is trading system, and we need to make tries, the WTO is our largest, most too poor to trade with us. But we can- sure that we continue United States comprehensive, and most effective not let this unfounded fear of economic participation within the WTO. How- forum for expanding markets and cre- freedom cause us to abandon our very ever, we also need to understand that ating new opportunities for Americans. important open trade agenda. we need to improve and make more ef- The WTO has also been an important We are very fortunate to have our fective the WTO, and we also need to tool for the United States in ensuring former colleague, Rob Portman, now strengthen the manner in which we re- that international trade commitments serving as our ambassador, as the rep- view the operations of the WTO. are honored. Of the 47 WTO cases resentative, the head of focusing on the We have had legislation that we brought by the United States that have whole issue of trade, the U.S. Trade could have acted on that would do been concluded, 44 have been resolved Representative for us. We have to work that. I heard the gentleman from Cali- in our favor. That is a 94 percent suc- closely with him, through the World fornia (Mr. DREIER) give his analysis of cess rate for the United States of Trade Organization, to tear down tariff the rulings within the WTO. Quite America within the structure of the and nontariff barriers to trade. We frankly, my score sheet is different. In World Trade Organization. must continue to utilize this very im- two-thirds of the cases that have gone Our WTO membership has been abso- portant forum to ensure that our trad- to dispute resolution panels or appel- lutely critical in maintaining our glob- ing partners stick with their commit- late panels, we have seen that they al economic leadership. With 80 percent ment. Living with a rules-based trad- have overreached. That is, they have of the world’s economy and 95 percent ing system is the only way that we are gone beyond the negotiated terms and of the world’s consumers outside of the going to be able to vigorously pursue ruled against U.S. interests. United States, our role in the WTO re- the diminution of those barriers to the I think we should have a review proc- mains essential to opening new mar- free flow of goods and services through- ess of the WTO dispute settlement kets and expanding existing ones for out the world. process. Senator DOLE had suggested U.S. producers, service providers, and So, for the sake of the American peo- that when he was in the United States investors. ple, for the sake of those throughout Senate. I think we should look at that, But the WTO is not our only forum the world who are seeking to get onto and that would be a more effective way for liberalizing trade rules and expand- the first rung of the economic ladder, to have a continuing review in carrying ing foreign markets for American it is absolutely imperative that the out our responsibility as to whether goods and services. The Free Trade United States of America maintain its the WTO is acting effectively to open Agreement negotiating process has leadership role in the World Trade up markets to all producers and manu- long been highly successful in opening Organization. facturers and farmers. up new opportunities for Americans. Ms. MATSUI. Mr. Speaker, I yield 5 We also need to look at the enforce- We are on the forefront of I hope pass- minutes to the gentleman from Mary- ment of our trade rules. We need to ing the Dominican Republic Central land (Mr. CARDIN). spend more effort on enforcement. Chi- American Free Trade Agreement, Mr. CARDIN. Mr. Speaker, I thank na’s manipulation of currency should which is critical to continuing on that my friend from California for yielding be a direct interest to this body. The path of prosperity that began with the me this time. protection of intellectual property GATT back in 1947 and has continued Mr. Speaker, I think it is important rights of American companies should through the WTO, the North American for us to understand why this resolu- be more aggressively pursued. We need Free Trade Agreement, and a wide tion is before us that brings forward to be more aggressive against Euro- range of bilateral agreements that we H.J. Res. 27. pean subsidies. We need to deal with have put together over the past several We are now celebrating the tenth an- the enforcement of our antidumping years with Israel, Jordan, Chile, Singa- niversary of the creation of the World laws. All this can be done and should pore, Australia and Morocco, among Trade Organization, the WTO. When be done, and we should not wait every others. Congress passed the legislation for us 5 years in order to review that. DR–CAFTA will make our trading re- to join the WTO, Bill Clinton was lationship with the region reciprocal President of the United States, and We also need to expand the opportu- by granting U.S. producers the same Newt Gingrich, Congressman Gingrich, nities within the Doha Round that will access to their markets that the Do- thought it was important to have a be presented to us. We have to help minican Republic-Central American mechanism in place where the Congress U.S. service industries so they can gain producers have long enjoyed in ours. It can exercise its independent authority access to foreign markets. We need to will boost the competitiveness and pro- over trade and that we should have an work on tariff and nontariff barriers ductivity of American companies and opportunity to carry out that responsi- for U.S. manufacturers. workers by providing an export and in- bility by evaluating whether we want So, Mr. Speaker, I urge my col- vestment destination that fully re- to stay in the World Trade Organiza- leagues to vote for this resolution, to spects the rule of law and protects in- tion or not. vote against House Joint Resolution 27 tellectual property rights. Mr. Speaker, I must tell my col- so that we can move forward to im- But even more important, Mr. Speak- leagues that when that issue was be- proving the WTO. I urge us to look at er, it will empower the Dominican Re- fore us I had mixed thoughts as to ways in which we can help U.S. manu- public-Central American countries to whether we should have a nuclear op- facturers, U.S. producers, and U.S. experience the economic growth, in- tion of withdrawing from the WTO or farmers to gain greater access to the creased prosperity, and rising living whether there are more effective ways international markets. We need to do standards that Americans have long for Congress to exercise its constitu- that on an ongoing basis, and the Con- enjoyed. All of the benefits of trade tional responsibility in an independent gress needs to exercise its authority to that I have described, greater family way over trade. I must tell my col- make sure that we are as aggressive as incomes, export-supported growth, leagues that I think that this process possible at opening up markets for U.S. transparent and fair trading rules for is going to be helpful. interests. U.S. companies that participate in the So let me make it clear. I support the Mr. HASTINGS of Washington. Mr. global marketplace, these are all bene- resolution to bring forward H.J. Res. 27 Speaker, I reserve the balance of my fits, these are all benefits that our that has come out of the Committee on time. neighbors in Latin America deserve to Rules. I very much oppose the passage Ms. MATSUI. Mr. Speaker, I yield 8 enjoy along with us. of H.J. Res. 27, which would withdraw minutes to the gentleman from Again, there are many who will argue us from the WTO. Vermont (Mr. SANDERS). against greater economic freedom. As the gentleman from California Mr. SANDERS. Mr. Speaker, I thank They will say that it will cost Amer- (Mr. DREIER) pointed out and as the the gentlewoman from California for ican jobs. They will say that workers gentlewoman from California (Ms. yielding me this time.

VerDate jul 14 2003 01:00 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.016 H08PT1 H4200 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Mr. Speaker, I have no illusions that American worker in their company ment. And it is obligatory upon us to the resolution that we bring up tomor- makes. That is not a good thing. analyze why our economy is failing the row is going to win. Five years ago, When we talk about unfettered free middle class, why poverty is increas- when the gentleman from Texas (Mr. trade, let us remember that every sin- ing, why the gap between the rich and PAUL) brought it up, I think we re- gle year our trade deficit is going up the poor is growing wider, why the new ceived 56 votes. I think we will prob- and up and up. And the singular ques- jobs that are being created are pri- ably do better tomorrow, but I do not tion that we have got to address is, marily low wage with poor benefits. think we are going to win. But I do does our trade policy work when Amer- Trade is not the only cause of this think that this resolution that is com- ican workers are being forced to com- problem, but it is a significant cause. ing up tomorrow, which I strongly sup- pete against desperate people in coun- We need a trade policy that reflects the port, is enormously important, because tries like China who earn 30 cents an interests of the middle class and work- it is high time for the United States hour? ing people of this country and not the Congress to take a tough look at our My friends, that is what this debate CEOs who are busy sending our jobs to trade policies, our membership in the is about. Large corporations like Gen- China. WTO. I believe that any objective as- eral Electric, General Motors, all of Let me quote the CEO of General sessment will tell every Member of this those companies who are throwing Electric, Jeffrey Immelt, several years body and the American people that our American workers out on the street, ago. He said, that when I look to the trade policies have failed the American they think this agreement is greet, be- future of General Electric, I see China, worker, the American middle class in a cause they are moving to China lock, China, China. disastrous way, and that it is high time stock and barrel, hiring desperate peo- Well, I think maybe Mr. Immelt to rethink our trade policies so that ple for pennies an hour, people who go should look to the United States for they begin to work for the middle class to jail when they stand up for their po- the future of GE, and GM and other of this country and not just the CEOs litical rights when they try to form a corporations should do the same. We of our major corporations. union. cannot continue to hemorrhage decent- Mr. Speaker, the middle class of the And the result of that is an ex- paying jobs going to countries that do United States of America is collapsing. tremely unfair competitive situation not have democracy, where people are Poverty is increasing. Our trade deficit against the needs of the American forced to work for pennies an hour. We is soaring. worker. and the other industrialized world I find it amazing to hear the gen- My friend, the gentleman from Cali- must do everything we can to uplift tleman from California (Mr. DREIER) fornia (Mr. DREIER), talked about the the poor of the world. But we do not give his portrayal of what is going on need to pass the Central American Free have to sacrifice the middle class of in America and the world. He is very Trade Agreement, CAFTA. Well, I this country as part of that process. much at odds with what the American think he is going to be disappointed, Mr. HASTINGS of Washington. Mr. people perceive. because I think that the results are so Speaker, I just ask my friend from clear in terms of what NAFTA has California, I have no more requests for 1115 b done for American workers, what Per- time except for me to close. If she is The average American worker is ask- manent Normal Trade Relations with prepared to yield back, I will be pre- ing why, with an explosion of tech- China have done for American workers, pared to yield back. nology, with a huge increase in worker that not only are the American people Ms. MATSUI. Mr. Speaker, I yield productivity, why is the average Amer- catching on that CAFTA will be a con- myself the balance of my time. ican worker working longer hours for tinuation of a failed policy, I think the The WTO reflects many years of de- lower wages? Why is it that real wages American people are demanding that it velopment resulting in broad and bi- in the United States today are 7 per- is time for Congress to represent work- partisan support for expanded trade. cent lower than they were in 1973 for ers and not just the big money inter- Participation is vital to America’s in- the bottom 90 percent of American ests. terest, be it economic, strategic, or as workers? I am not going to suggest that trade an avenue to strengthen the rule of law Why is it that with all of this alone is the only reason for the decline in the world. There is certainly a need globalization and all of this free trade of the middle class. But I will suggest to improve the WTO, something I be- there are few middle-class families in that it is a very significant reason. The lieve can be done. America where women no longer have middle class in America will not sur- But this will only be the case if we the option of staying home with their vive unless we create good-paying jobs maintain an active presence in the kids, but they have got to go into the here. And what study after study sug- WTO, engage in negotiations to workforce, where people in America gests is that the new jobs that are strengthen American interests. In a are working two jobs, and three jobs going to be available to our kids are few weeks, trade issues will again be just to pay the bills. not going to be the high-tech informa- before us as this Chamber considers the The reality of what is going on in tion technology jobs, because they are Central American Free Trade Agree- America today is that globalization is off to India, they are off to China. The ment, or CAFTA. not working for ordinary people. In the new jobs are going to be in Wal-Mart We should not confuse the debate last 4 years alone in the United States, industry, in the service industry, where today about the WTO and the upcom- we have lost 2.8 million good-paying people are earning low wages with low ing debate on CAFTA. These are both manufacturing jobs. Just yesterday, we benefits. avenues to advance America’s interests learned that General Motors is now Mr. Speaker, let me simply conclude through trade partnerships. But going to cut back on another 25,000 by saying this: all of the objective evi- CAFTA is a very good example of what good-paying jobs for American work- dence in terms of job loss, in terms of can happen when the United States is ers. the loss of good-paying jobs, in terms not looking out for the interests of all Study after study shows that the new of the growing gap between the rich of our people and the dangers that can jobs that are being created are paying and the poor in America which is now pose for standards that previous gen- low wages, with minimal benefits, and wider than in any other industrialized erations of Americans worked so hard the jobs that we are losing were good- country on Earth, wider in the United for and that we benefit from today. paying jobs that had good benefits. States than it has been the 1920s, all of CAFTA would undercut existing pro- Now, the bottom line of this discus- that suggests that the economy is not tections for workers and United States sion is that, yes, international trade is working for the middle class. trade law by requiring only that coun- a good thing. But it is a good thing My Republican friends talk about a tries enforce their existing labor laws, when it benefits ordinary Americans. It robust economy. President George which in many cases fail to provide the is not a good thing when it simply Bush has not created one new job in most basic and internationally recog- makes the CEOs of large corporations the private sector since he has been in nized protections. Our trade policy even wealthier so that they can earn as office; he has lost jobs. All of the new should benefit workers, not undermine much as 500 times what the average jobs have been created in the govern- them.

VerDate jul 14 2003 01:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.018 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4201 That is another debate for another suant to clause 2(b) of rule XVIII, declare the bill, except as specified in the resolu- day. I mention it only to demonstrate House resolved into the Committee of the tion. that issues related to international Whole House on the state of the Union for Under the rules of the House, the bill trade are complex, serious, and with consideration of the bill (H.R. 2744) making shall be read for amendment by para- real consequences for our economy and appropriations for Agriculture, Rural Devel- graph. After general debate, the bill opment, Food and Drug Administration, and our people. Related Agencies for the fiscal year ending shall be considered for amendment Participation in the WTO is vital to September 30, 2006, and for other purposes. under the 5-minute rule. America’s interest, be it economic, The first reading of the bill shall be dis- The resolution authorizes the Chair strategic, or to strengthen the rule of pensed with. All points of order against con- to accord priority in recognition to law in the world. sideration of the bill are waived. General de- Members who have preprinted their I would like to note while this rule bate shall be confined to the bill and shall amendments in the CONGRESSIONAL provides for 2 hours of debate, that not exceed one hour equally divided and con- RECORD and provides one motion to re- under our House rules, this resolution trolled by the chairman and ranking minor- commit with or without instructions. and other bills we debate under the ity member of the Committee on Appropria- Mr. Speaker, I am very proud to procedures established by the Trade tions. After general debate the bill shall be present for consideration this open rule Act of 1974 are entitled to 20 hours of considered for amendment under the five- minute rule. Points of order against provi- for the agriculture appropriations bill debate. While in this case, 20 hours is sions in the bill for failure to comply with for fiscal year 2006. As with most all certainly not necessary, many Mem- clause 2 of rule XXI are waived except as fol- appropriations bills, the Committee on bers of both parties in this Chamber lows: beginning with the colon on page 54, Rules has once again afford the entire have valid and important questions line 4, through ‘‘overseas’’ on line 9; section Chamber an opportunity to offer any about whether our trade policymakers 749; page 81, lines 1 though 7; and beginning amendment to this legislation that are protecting our interests. with ‘‘and’’ on page 81, line 11, through ‘‘pro- complies with the rules of the House. I would hope that when other trade grams’’ on line 17. Where points of order are Members of the House are permitted agreements come before this body, and waived against part of a paragraph or sec- to come to the floor and bring forth they will, that Members will be able to tion, points of order against a provision in any idea or change they wish to see in fully debate the issues and not be lim- another part of such paragraph or section may be made only against such provision this legislation. I am pleased that rule ited by stringent time constraints. provides a chance for all of our Mem- I intend to vote against the under- and not against the entire paragraph or sec- tion. During consideration of the bill for bers to express their views on how our lying resolution because I believe that amendment, the Chairman of the Committee Nation should prioritize spending in the WTO is essential to a strong rules- of the Whole may accord priority in recogni- this area. based trading system. I hope my col- tion on the basis of whether the Member of- Article 1, section 9 of the United leagues would do as well. fering an amendment has caused it to be States Constitution says, ‘‘No money Mr. Speaker, I yield back the balance printed in the portion of the Congressional shall be drawn from the Treasury but of my time. Record designated for that purpose in clause in consequence of appropriations made Mr. HASTINGS of Washington. Mr. 8 of rule XVIII. Amendments so printed shall by law.’’ Speaker, I yield myself the balance of be considered as read. When the committee Our Founding Fathers established the time. rises and reports the bill back to the House with a recommendation that the bill do pass, the role of the Committee on Appro- Mr. Speaker, American workers priations to ensure that our Nation’s produce goods that are second to none. the previous question shall be considered as ordered on the bill and amendments thereto spending is subject to oversight and ap- However, our success in selling these to final passage without intervening motion proval by its elected representatives. goods in a global marketplace, and we except one motion to recommit with or with- The committee plays an important role have to admit that we are in a global out instructions. in determining the wise use of taxpayer market, is dependent on fair and open The SPEAKER pro tempore (Mr. funds. markets. The World Trade Organiza- LAHOOD). The gentleman from Florida I want to commend the gentleman tion continues to advance and create (Mr. PUTNAM) is recognized for 1 hour. from Texas (Chairman BONILLA) and more fair and open markets. his subcommittee for the tremendously b 1130 While I oppose the underlying bill, difficult work this year in bringing the Members of the Congress should have Mr. PUTNAM. Mr. Speaker, for the spending bill under its budget alloca- the opportunity today to examine the purpose of debate only, I yield the cus- tion. The Congressional budget is an merits of the United States’ participa- tomary 30 minutes to the gentleman important tool of the Congress, allow- tion in the WTO. The debate on House from Massachusetts (Mr. MCGOVERN), ing us to establish priorities for the Resolution 27 is an important one, and pending which I yield myself such time coming fiscal year. It is always encour- one that should be had. as I may consume. During consider- aging to see the budget and the appro- So I urge my colleagues to support ation of this resolution, all time yield- priations process work together in tan- the rule, House Resolution 304, and to ed is for the purpose of debate only. dem, allowing Congress to ensure that oppose the underlying bill. (Mr. PUTNAM asked and was given our government acts in a fiscally re- Mr. Speaker, I yield back the balance permission to revise and extend his re- sponsible manner. of my time, and I move the previous marks.) The Subcommittee on Agriculture, question on the resolution. Mr. PUTNAM. Mr. Speaker, House Rural Development, Food and Drug Ad- The previous question was ordered. Resolution 303 is an open rule pro- The resolution was agreed to. ministration, and Related Agencies of A motion to reconsider was laid on viding for consideration of H.R. 2744, the Committee on Appropriations has the table. making appropriations for Agriculture, reported out a bill that provides impor- Rural Development, Food and Drug Ad- tant resources to ensure that our Na- f ministration, and Related Agencies for tion’s farmers and ranchers remain PROVIDING FOR CONSIDERATION the fiscal year ending September 30, competitive in the 21st century. The OF H.R. 2744, AGRICULTURE, 2006. legislation enhances our ability to RURAL DEVELOPMENT, FOOD According to the rule general debate safeguard our food supply and address- AND DRUG ADMINISTRATION, shall be confined to the bill and shall es the nutritional needs of women and AND RELATED AGENCIES APPRO- not exceed one hour equally divided children and the most disadvantaged in PRIATIONS ACT, 2006 and controlled by the chairman and the our country. The bill also works to Mr. PUTNAM. Mr. Speaker, by direc- ranking minority member of the Com- maintain and build fiscal discipline. tion of the Committee on Rules, I call mittee on Appropriations. H.R. 2744 continues to fund important up House Resolution 303 and ask for its The rule waives all points of order projects at a level consistent with fis- immediate consideration. against consideration of the bill, and cal year 2005, allocating nearly $17 bil- The Clerk read the resolution, as fol- waives all points of order against pro- lion plus $83 billion in total mandatory lows: visions in the bill for failure to comply spending. At the same time, it address- H. RES. 303 with clause 2 of rule XXI, prohibiting es needs such as the protection of Resolved, That at any time after the adop- unauthorized appropriations or legisla- health and safety. In an effort to com- tion of this resolution the Speaker may, pur- tive provisions in an appropriations bat harmful pests and disease that

VerDate jul 14 2003 05:21 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.020 H08PT1 H4202 CONGRESSIONAL RECORD — HOUSE June 8, 2005 threaten America’s food supply, the (Mr. MCGOVERN asked and was children during the summer when they Food Safety and Inspection Service given permission to revise and extend can not receive a school lunch because funding is increased by $20 million over his remarks.) the schools are closed for summer va- last year, and Animal and Plant Health Mr. MCGOVERN. Mr. Speaker, I yield cation. There is no reason why a child Inspection Service activities are fund- myself such time as I may consume. who receives a lunch at school during ed at $16 million above last year’s Mr. Speaker, I want to thank the the school year should be denied a level, for a total of $829 million. gentleman from Florida (Mr. PUTNAM) lunch during the summer merely be- In addition, the Farm Service Agen- for yielding me the customary 30 min- cause school is out of session. cy’s salaries and expenses are funded at utes. Another important program that the President’s request of $1 billion, al- Mr. Speaker, passage of this rule will needs to be expanded is the school lowing the continued efficient delivery allow the House to consider the Agri- breakfast program. Too many of our of farm and disaster programs that are cultural, Rural Development, Food and children begin their school days hun- so critical to wide swaths of our great Drug Administration, and Related gry. They cannot concentrate as well Nation. Agencies Appropriations Bill for Fiscal as children who have something to eat before class. Those children who are To unlock much-needed advances in Year 2006. I want to express my appreciation to fortunate enough to receive a school agricultural research and allow Amer- breakfast usually have to get to school ican farmers to have the tools nec- the gentleman from Texas (Chairman BONILLA) and the subcommittee’s new earlier than the other kids. There is a essary to produce a safe and wholesome stigma that gets attached to these food supply, the Agricultural Research ranking member, the gentlewoman from Connecticut (Ms. DELAURO), for children because it is plain for all the Service is funded at over $1.1 billion. students to see who cannot afford to Additionally, USDA’s Conservation working so well together on this bill which clearly deserves the support of eat breakfast at home. Operations activities are increased by We need to expand the school break- $26 million over the President’s re- all the membership of this House. This important bill provides the fast program so that it is a truly uni- quest, which allows farmers and ranch- funding for our domestic nutrition and versal program, and we must provide ers to achieve important conservation anti-hunger programs, international school breakfast at the start of the and environmental goals as our Na- food aid, the Food and Drug Adminis- school day and not before. These two tion’s farmers and ranchers are the tration, and food inspection. Although simple actions will ensure that a nutri- original environmentalists in this traditionally the bill is not controver- tious meal is provided to hungry chil- country. dren without attaching any social stig- sial, it is an important appropriations This appropriations bill is an excel- ma. The consequences of such basic bill because of the vitally important lent example of how Congress can at- changes will be measurable increases programs that are supported here. tain fiscal discipline and still fund our I want to express my strong support in learning and test scores, as well as improvements in health. priorities. H.R. 2744 funds programs for the Department of Agriculture pro- A third program that needs to be over the President’s budget request, in- grams that fight to end hunger here at creasing funding in strategic areas fully funded is the effort to end the re- home and around the world. Mr. Speak- duced price meal. Currently, low-in- while maintaining a funding level con- er, hunger is a political problem, one sistent with funding for fiscal year come children are eligible for either a that can be solved if only we have the free school lunch or a reduced price 2005. political will to do so. Regrettably, the I am impressed with the work of the lunch. The reduced price lunch costs 40 Bush administration and the leadership cents per meal. While that may not subcommittee, and I am certain the ap- in this House and the Senate have not propriations process this year will seem like a lot to you or me, it can put made the necessary commitments to a real strain on the finances of many serve as a model of how we can achieve reduce poverty and end hunger in our responsible and responsive funding si- low-income families who are struggling country. Indeed, hunger and poverty to make ends meet. Too often, school multaneously. are once again on the rise in the United Mr. Speaker, I represent a congres- lunch administrators report seeing States. More children are going to bed children who are able to buy lunch at sional district in Florida that is among hungry at night right here in the the top in the Nation in production of the beginning of the month stop eating United States of America, the richest as the month goes on, merely because certain agricultural goods. I want to and most blessed country in the world. personally thank the gentleman from their families cannot afford to pay for Every year six million children in our that reduced price lunch as money gets Texas (Chairman BONILLA) and the world die of hunger-related causes. We Subcommittee on Agriculture of the tighter and tighter towards the end of cannot and should not stand by and the paycheck. Committee on Appropriations and the watch these tragedies unfold. The Child Nutrition Reauthorization subcommittee staff for their continued Mr. Speaker, it is time we raise the Bill, a truly bipartisan bill that was commitment and attention to the bar and pledge to end hunger once and signed into law last year, phases out needs of all of American agriculture for all. It is time to really tackle the the reduced price meal. Last year, and Florida in particular, especially in issue of poverty. In the meantime, thousands of anti-hunger activists the aftermath of the hurricanes that until we make that commitment and roamed the halls of Capitol Hill with devastated much of Florida’s agri- back it up with real action and greater their blue and white ERP buttons on, culture last summer and fall. The Com- resources, we must at least maintain and Congress responded. Now it is time mittee on Appropriations’ work is funding for the domestic and inter- to back up that promise and fully fund greatly appreciated. national nutrition and anti-hunger pro- the effort to end the reduced price I also wish to thank the gentleman grams in this bill. That is why it is so meal. from Texas (Chairman BONILLA) for his important that this bill increases fund- Mr. Speaker, the fiscal year 2006 bill attention and dedication to the contin- ing for mandatory programs like food also provides funding for the Inter- ued needs resulting from invasive pests stamps and other child nutrition pro- national Food Aid Programs adminis- and diseases that are affecting a num- grams like the school lunch program. tered by the USDA. These programs ber of crops throughout our country, I am also pleased that discretionary provide emergency food aid to regions including citrus canker affecting our programs like WIC also receive in- of the world that need help today. I am citrus industry in Florida. I know that creases. These programs are among the pleased that President Bush pledged to all of America’s farmers and ranchers most successful of our Federal anti- release $674 million for humanitarian and consumers deeply appreciate the hunger programs, and they help mil- relief on the Horn of Africa. However, subcommittee’s tireless efforts to as- lions of Americans get the food they while it is important that the United sist our agricultural community. could not otherwise afford to buy. States provide the funding for humani- I urge Members to support this fair Unfortunately, important programs tarian relief around the world, the and open rule and the underlying bill. like the summer food service program Committee on Appropriations must en- Mr. Speaker, I reserve the balance of are not fully funded. This important sure that these funds are replenished my time. program provides meals to low-income for the following year.

VerDate jul 14 2003 01:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.023 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4203 Unfortunately, this bill underfunds the President’s request for increased breed terrorism. American products and the Food for Peace Program, which is funding of $100 million for fiscal year commodities are directly associated with one of our most important food aid and 2006. hunger alleviation and educational oppor- I am also encouraged by the level of tunity, encouraging support and good will development programs. I commend the for the United States in these communities gentleman from Texas (Chairman commitment to the McGovern-Dole and countries. BONILLA) for restoring $222 million to program in the Senate, and I am hope- We strongly urge that you restore the ca- this program above the President’s re- ful that funding for this program will pacity of this critically important program quest. But the program still remains be further increased when the Senate by providing $300 million for Fiscal Year $60 million below last year’s level. considers this bill later this year. 2006. Sincerely, While emergency funding was included Mr. Speaker, in December of 2004, 105 of our House colleagues sent a bipar- James P. McGovern, Nancy Pelosi, in the tsunami relief package, we James A. Leach, Hilda L. Solis, Todd should not rely on emergency funding tisan letter to President Bush sup- Tiahrt, Ike Skelton, Jo Ann Emerson, when we can properly fund this impor- porting the McGovern-Dole program. Frank R. Wolf, Tom Lantos, Donald A. tant program in the Agriculture Appro- That letter is as follows: Manzullo, Earl Pomeroy, Marcy Kap- priations bill. Nor should we short- CONGRESS OF THE UNITED STATES, tur, John Shimkus, George Miller, change funding for the ongoing pro- Washington, DC, December 2, 2004. Roger F. Wicker, Rosa L. DeLauro, Hon. GEORGE W. BUSH, grams that are funded through the Lynn C. Woolsey, Anthony D. Weiner, President of the United States, Chris Van Hollen. Food for Peace and other international Washington, DC. Neil Abercrombie, Ron Kind, Sam food aid programs. DEAR MR. PRESIDENT: We are writing to Graves, Jose´ E. Serrano, Albert R. Finally, Mr. Speaker, I also want to urge you to provide $300 million in your Fis- Wynn, Robert Wexler, Maxine Waters, commend the gentleman from Texas cal Year 2006 Budget Proposal for the George John F. Tierney, Gary L. Ackerman, (Chairman BONILLA) and the ranking McGovern-Robert Dole International Food Robert E. Andrews, Earl Blumenauer, member, the gentlewoman from Con- for Education and Child Nutrition Program. Leonard L. Boswell, Corrine Brown, We believe it is urgent to restore funding for necticut (Ms. DELAURO), for increasing Michael E. Capuano, Elijah E. funding for the George McGovern-Rob- this program at levels similar to those of the Cummings, William D. Delahunt, Bob original pilot program. Etheridge, Tammy Baldwin, Madeleine ert Dole International Food for Edu- We strongly believe this funding is critical Z. Bordallo. cation and Child Nutrition Program. for sustaining and expanding the McGovern- Rick Boucher, Sherrod Brown, Joseph This program uses American commod- Dole Program in order to combat terrorism Crowley, Susan A. Davis, Michael F. ities to provide school meals to hungry and to help build and consolidate democracy Doyle, James L. Oberstar, John W. children around the world. It is named in the Middle East, southern Asia, the Near Olver, David E. Price, Bobby L. Rush, after two men who have led the fight East, and in other regions critical to U.S. na- Bernard Sanders, Janice D. against child hunger while they served tional security. As you are aware, the Schakowsky, Vic Snyder, Eni F. H. McGovern-Dole Program provides donations Faleomavaega, Barney Frank, Donald in the United States Senate and as pri- of U.S. agricultural products, as well as fi- M. Payne, Steven R. Rothman, Martin vate citizens. nancial and technical assistance, for school Olav Sabo, Max Sandlin, Adam Smith, Senator George McGovern is a dear feeding and maternal and child nutrition Fortney Pete Stark. friend of mine who has worked tire- programs in low-income countries. We note Bob Filner, Charles A. Gonzalez, Raul M. lessly on ending hunger over his dec- that recommendations made by the General Grijalva, Stephanie Herseth, Tim ades of public service, and I cannot say Accounting Office (GAO) in February 2002 on Holden, Eddie Bernice Johnson, Rick enough about Senator Bob Dole’s work how to strengthen and improve the adminis- Larsen, Stephen Lynch, Karen McCar- on combating hunger here and abroad. tration and implementation of school feed- thy, Jim Marshall, Alcee L. Hastings, Maurice D. Hinchey, Sheila Jackson- He is a man of great integrity and ing programs were fully integrated into the law establishing the McGovern-Dole Pro- Lee, Dale E. Kildee, Barbara Lee, Caro- someone who I respect immensely. I gram, enhancements that we believe have lyn McCarthy, Carolyn B. Maloney, am very pleased, Mr. Speaker, to have contributed to its current success. Jim Matheson, Betty McCollum. the opportunity to work with his wife, Both the initial plot program and the cur- Michael R. McNulty, Gregory W. Meeks, Senator ELIZABETH DOLE, on a number rent McGovern-Dole Program have a proven Dennis Moore, Richard E. Neal, Jim of anti-hunger efforts. track record at reducing the incidence of McDermott, Sam Farr, Christopher H. The McGovern-Dole International hunger among school-age children and im- Smith, Martin T. Meehan, Juanita proving literacy and primary education, es- Millender-McDonald, James P. Moran, Food for Education and Child Nutrition Eleanor Holmes Norton, Thaddeus G. Program is based on our own school pecially among girls, in areas devastated by war, hunger, poverty, HIV/AIDS, and the McCotter, Major Owens, Linda T. lunch and breakfast program. It pro- mistreatment of women and girls. School Sa´ nchez, Thomas H. Allen, Doc vides a nutritious meal for hungry chil- meals, teacher training, and related support Hastings, Patrick J. Kennedy, Edward dren in a school setting. It has resulted have helped boost school enrollment and J. Markey, Brad Miller, and Sander M. in not only reducing child hunger academic performance. McGovern-Dole nu- Levin. abroad but in better schools and trition and school feeding programs also im- Mr. Speaker, the following is a letter stronger community support for edu- prove the health and learning capacity of from Secretary of Agriculture Mike cation in some of the poorest commu- children both before they enter school and Johanns expressing his support for the nities in the world. It is a successful during the years of primary and elementary McGovern-Dole program: school program that is developing the long- In February 2003, the U.S. Department of Hon. JAMES P. MCGOVERN, term support of the Bush administra- Agriculture evaluated the McGovern-Dole House of Representatives, Cannon House Office tion, and it deserves to be expanded. pilot program and found significant positive Building, Washington, DC. I am pleased that the Bush adminis- results. Specifically— DEAR CONGRESSMAN MCGOVERN: Thank you for the letter of December 2, 2004, from you tration and the leadership in the House ‘‘The results to date show measurable im- provements in school enrollment, including and your colleagues to President George W. and Senate agree on the importance of Bush, expressing your support for the the McGovern-Dole program. The increased access by girls. In projects involv- ing more than 4,000 participating schools, McGovern-Dole International Food for Edu- cation and Child Nutrition Program (FFE). President’s budget has included an in- the WFP reports an overall enrollment in- The White House forwarded your letter to crease in funding for this program over crease exceeding 10 percent, with an 11.7 per- the Department of Agriculture (USDA) for each of the last 3 years; and, more im- cent increase in enrollment by girls. The reply. We apologize for the delay in respond- portantly, the Congress has agreed in PVO’s report an overall enrollment increase ing. increased funding over the past 3 years. of 5.75 percent in GFE-participating schools. This Administration greatly appreciates Mr. Speaker, while I believe the fund- In some projects, increases in enrollment your support for this very successful pro- ing must be restored to $300 million, were as high as 32 percent compared with en- gram. USDA now has 5 years of experience the original level of the Global Food rollment rates over the previous three with FFE and its predecessor, the Global for Education Initiative, the pilot pro- years.’’ Food for Education Initiative. These pro- gram that preceded the McGovern-Dole (USDA, The Global Food for Education Pilot grams have reached over 7 million bene- Program: A Review of Project Implementa- ficiaries and provided close to 1.3 million program, I am pleased that the gen- tion and Impact, page 2, February 2003) tons of agricultural commodities as well as tleman from California (Chairman We firmly believe that these programs re- other types of assistance to schools and com- LEWIS) and the gentleman from Texas duce the risk of terrorism by helping to munities. The positive results include in- (Chairman BONILLA) have supported eliminate the hopelessness and despair that creased school enrollment, especially among

VerDate jul 14 2003 01:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.025 H08PT1 H4204 CONGRESSIONAL RECORD — HOUSE June 8, 2005 girls; declines in absenteeism; improved con- b 1145 of our State’s K through 12 total en- centration, energy, and attitudes toward Mr. Speaker, I am pleased to yield 5 rollment. It is important that we main- learning; and infrastructure improvements, tain this funding for this important including classrooms, kitchens, storage fa- minutes to the distinguished gentle- cilities, water systems, latrines, and play- woman from West Virginia (Mrs. program. grounds. CAPITO). For these reasons and many others, I We are especially gratified that FFE has Mrs. CAPITO. Mr. Speaker, I thank think it is extremely important that resulted in greater local commitment to the gentleman from Florida for yield- not only do we pass the rule but we school feeding activities. In many cases, FFE ing me the time, and I rise in strong also pass the good hard work of the activities have been so successful that local support of the rule and the underlying Committee on Appropriations Sub- support for school feeding is expanding to committee on Agriculture, Rural De- the point that FFE assistance can shortly be legislation. ended. Examples of these ‘‘graduating’’ coun- The Agriculture appropriations bill is velopment, Food and Drug Administra- tries are Kyrgyzstan, Lebanon, Moldova and being considered under an open rule tion, and Related Agencies, and their Vietnam. We will continue to allocate some that allows all Members to offer their efforts to preserve and enrich the pro- FFE resources to these countries this year amendments to this important piece of grams that are feeding not only our as we expand the benefits of FFE by imple- legislation, and I believe that all Mem- country but other countries and devel- menting programs in additional countries. bers should be able to support this rule. oping the research to find other ways Additionally, the success of FFE has re- I commend the gentleman from to maximize our resources. sulted in other donors becoming involved in Mr. MCGOVERN. Mr. Speaker, I yield school feeding programs. These other donors Texas (Chairman BONILLA) and the include the European Union, the German other members of his committee for myself such time as I may consume. Agency for Technical Cooperation, the Japa- their work on this very important leg- Before I yield to our next speaker, I nese Development Agency, Canada, and the islation. I would like to highlight a few would just like to respond to some- World Health Organization. of the provisions of particular impor- thing the gentleman from Florida had We agree that funding for FFE should be tance to my district of West Virginia. said in his comments on hunger. expanded in fiscal year (FY) 2006. While the Resource conservation and develop- As I should point out to the gen- Administration is making a concerted effort tleman, there are 36 million people in to cut the budget deficit, we have requested ment councils across the country, in- $100 million in appropriated funding for FFE cluding the Potomac Headwaters and the United States of America who are in FY 2006, which is double the funding for Little Kanawha councils in my dis- hungry, and every single one of us in the program in FY 2004 and an increase of 15 trict, leverage very successfully Fed- this Chamber should be ashamed of percent compared to FY 2005. eral, State and local money with pri- that fact. We can do better. Thank you again for writing to support vate sector dollars to support conserva- He mentioned the problem of obesity. this important program. We look forward to tion and economic development activi- I should point out to the gentleman continuing to work with you to improve ties in our rural communities. I think that there is a relationship, believe it USDA’s overseas food aid programs. A simi- or not, between malnutrition and hun- lar letter has been sent to each of your col- it is important to note that anytime a leagues. successful collaboration between all of ger and obesity. A lot of the cases of Sincerely, the different governmental entities and obesity are directly related to the fact MIKE JOHANNS, private sector dollars is able to achieve that a lot of families cannot afford to Secretary. results that we should recognize that, put a decent meal on the table. So Mr. Speaker, the gentleman from and I am pleased that this bill does so. these kids end up eating junk food, and Texas (Chairman BONILLA) has crafted These local councils have years of ex- it results in the obesity problem. a bill that deserves to be supported perience with development and con- We have a huge problem here. We today; and while there is room for im- servation issues and understand the should not minimize it, and we have a provement, I believe that the gen- needs of our home areas. The heartfelt long way to go. 1 tleman from Texas (Chairman BONILLA) letters and phone calls that I receive Mr. Speaker, I yield 6 ⁄2 minutes to and the ranking member, the gentle- from constituents and community the gentlewoman from Connecticut woman from Connecticut (Ms. leaders across West Virginia dem- (Ms. DELAURO), the ranking Democrat DELAURO) and the Subcommittee on onstrate the good work that RC&D on the subcommittee. Agriculture of the Committee on Ap- councils are doing. I thank the Com- Ms. DELAURO. Mr. Speaker, I thank propriations did the best they could mittee on Appropriations for rejecting the gentleman from Massachusetts for with the limited resources they were the plan to end the Resource Conserva- yielding me time and for all the effort given. Again, I thank my friend from tion and Development program and in- and attention the committee has paid Florida (Mr. PUTNAM). stead fully fund the local councils at to this important bill on agriculture Mr. Speaker, I reserve the balance of last year’s level. and the Food and Drug Administration. my time. Also, I want to thank the committee I just might say to the gentleman Mr. PUTNAM. Mr. Speaker, I yield for restoring formula funds for the from Massachusetts, I, too, want to ap- myself such time as I may consume. Hatch Act, the McIntire-Stennis pro- plaud his passion and his diligence and Mr. Speaker, the gentleman from gram, and the Animal Health Disease vigilance on the issue of hunger and Massachusetts’ (Mr. MCGOVERN) com- program and rejecting proposals to how it affects our children and families ments about hunger remind me of an turn these funds into competitive in the United States and internation- old proverb. ‘‘When there is food, there grants. ally. I thank him for leading the way are many problems. When there is no West Virginia University has a very for us. food, there is only one problem.’’ The successful extension service that does I also want to compliment the gen- gentleman speaks very passionately an outstanding job of researching prob- tleman from Texas (Chairman BONILLA) about that issue. It reminds me how lems facing farmers in my State and on working under very difficult cir- fortunate we are that, because of the across the Nation. Every State has an cumstances to deliver this bill on the productivity of the American farmer extension service devoted to solving floor and for working across the aisle. and rancher, that Americans spend less agriculture programs in their local His staff, the gentleman from Wiscon- of their disposable income on food than areas. sin’s (Mr. OBEY) staff and mine have any other industrialized nation and our Switching to a competitive grant worked diligently to get us here today, greatest threats in terms of childhood system would have jeopardized the and I thank all of them for their serv- illnesses is obesity, not hunger. And I ability of local extension services to ice and for their patience. would not trade our problem for any- deal with local plant disease or animal This bill, unfortunately, falls short body else’s. health problems. in filling the needs in rural America It is clearly a huge issue. I am proud This appropriations bill also provides and in fully protecting our public of the work the appropriators have a $630 million increase for the Child health. While I believe that the gen- done in allocating $900 million through Nutrition program. In West Virginia, tleman from Texas (Mr. BONILLA) has the emergency bill for those who were my home State, 145,000 children re- done his best with a difficult alloca- ravaged by the tsunami that struck ceived free or reduced school lunches tion, regrettably there are shortfalls. southeast Asia. this past year. That is more than half We have barely maintained the same

VerDate jul 14 2003 01:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.009 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4205 funding level as last year, $16.8 billion, tration within the Department of believe that debate will be a healthy in discretionary funds; and we all know Health and Human Services. Again, the one, and I look forward to it. that there are increased benefit costs chairman has done a good job in trying I thank the gentleman for yielding and salary increases that need to be ac- to find funding for this budget for the me the time. counted for in that number. A stable Food and Drug Administration. Mr. PUTNAM. Mr. Speaker, it is a number does not mean a stable agri- This year, the subcommittee was de- pleasure to yield 4 minutes to the gen- culture and food and drug effort by our prived of the opportunity to hear from tleman from Missouri (Mr. BLUNT), our government. the Acting Commissioner of FDA due distinguished majority whip. The chairman had to make up for a to what we understand was interven- Mr. BLUNT. Mr. Speaker, I thank huge gap in the administration’s pro- tion from the administration. This the gentleman for yielding me time, posal when it included an unauthorized meant that we had to work on their and I rise today in support of the rule user fee of $139 million in the budget. portion of the bill without being able and in support of the gentleman from Finding that amount of money to keep to ask questions that we would ordi- Texas’ (Chairman BONILLA) efforts on our extremely important food safety narily have used to learn about their the underlying bill. efforts for meat and poultry operating current operations. Nevertheless, with I also in my remarks today want to was not an easy task. It certainly the gentleman from Texas’ (Mr. urge my colleagues to retain the chair- man’s language on mandatory country- forced the chairman to leave other BONILLA) help, we have started down a of-origin labeling, more commonly needs unmet at USDA. road to building some additional re- known as COOL, C-O-O-L. This is clear- In addition, Mr. Speaker, the bill sources for drug safety and the possi- ly a marketing issue, not a food safety still does not include enough funding bility of more effective oversight of issue, and puts an unnecessary burden to cover the food security needs of the postmarket prescription drugs, by in- on producers, processors, and con- elderly under the Commodity Supple- creasing the resources of the office sumers if not handled in exactly the mental Food program. There are hun- that performs direct-to-consumer ad- dreds of millions more pending re- right way. vertising claims reviews. The Agriculture Department has es- quests for building and repairing water FDA is an agency that has dem- timated the costs of the current man- and sewer systems and for conserving onstrated itself to be in crisis over the datory country-of-origin labeling pro- our precious soil and water resources. last year. We had an influenza out- gram could be as much as $4 billion in The Commodity Supplemental Food break predicted, but we were surprised the first year alone. Assuming that program operating in 32 States and to learn that another government’s producers figure out a way to pass providing surplus food commodities to regulatory system had found the flu along that $4 billion, that $4 billion is seniors and to families of young chil- vaccine supply on which we were $4 billion added at grocery stores to dren who no longer qualify for any counting to be flawed. shopping-cart prices, and then they other help, but who have hungry young Drugs like Vioxx and Bextra that sci- talk about a cost of several hundred ones to feed, is predicted to have to entists at FDA knew were causing ill- million dollars a year in the years after stop feeding at least 45,000 people with ness and death were permitted to re- the first year. the current level of funding in this ac- main on the market and be advertized With so many unanswered questions, count. well beyond the point that they should now is not the time for this mandate. At the same time, USDA resources have been voluntarily withdrawn or For example, when COOL goes into ef- are essential so that our agricultural forced off the market. fect beginning on September 30, 2006, base is not harmed by outbreaks of dis- Companies that had promised to per- how will we treat the cattle, hogs and eases such as soybean rust or bovine form postmarket studies in return for lambs and sheep that were born before spongiform encephalopathy, BSE or early introduction of their products that date? Is there any legal market mad cow. United States agriculture is failed miserably in keeping their prom- for these hundreds of thousands of ani- not isolated, and we need to remain ises without penalty. mals that are out there on farms and in vigilant and steady in our support of However, I am pleased that the sub- farming facilities right now? Until we scientific research institutions in our committee took action on this matter find out the answer to problems like prevention efforts and in our strategic by fencing off 5 percent of the appro- this, there is no reason to move for- planning and coordination for these priation to the leadership offices of ward with this costly mandate that types of challenges to our food supply FDA until the head of the agency testi- puts a disproportionate share of the and our health. fies before our subcommittee. This is a cost on the producer. In the natural resources area, the bill very important provision to maintain A much better approach is for Con- is $52 million below last year. Water in this bill until we get some answers. gress to approve a voluntary program and waste grants, so critical to public I am also pleased that the sub- and place control in the hands of con- health and economic growth for our committee adopted an amendment ad- sumers at the marketplace. It is for rural communities, are funded below dressing the reimportation of FDA-ap- this reason that I have joined the fight 2004. proved prescription drugs from FDA- with the gentleman from Virginia (Mr. The agriculture community has so approved facilities from Canada and GOODLATTE), who is our Committee on many important needs, from com- other developed countries so that our Agriculture authorizing chairman, on modity support to export promotion, people can buy them at affordable our voluntary country-of-origin legis- from building new community facili- prices. This House has expressed its lation that would permanently make ties in rural areas to conserving farm will on this issue over and over again, the country-of-origin legislation a vol- land, and by combating animal and most recently with a letter signed by a untary program for meat and meat plant diseases and protecting human bipartisan majority of the House to the products, not, Mr. Speaker, for vegeta- health, by enforcing our food safety Speaker, and we want to be able to bles, for fruit, for other products, but laws and maintaining basic nutrition keep this provision in the bill through for meat and meat products, products for our citizens. Rural areas are not al- conference. that have a longer life, products that ways places with high tax bases and I thank the gentleman from Texas are more mobile, and products that in young working people. Rather, we (Chairman BONILLA) for his willingness many cases are going to be already in know 90 percent of the country’s poor- to work across the aisle to replace the hands of producers, on the farms of est counties are in rural America, and many of the cuts sent up by the Presi- producers before September 30, 2006, these counties have a poverty rate that dent. We know that we cannot meet all with potentially no legal way to sell is a disturbing 14.2 percent. If we want the actual needs that are out in the those products. these areas to begin to prosper again, country; but this bill is a valiant ef- Voluntary labeling, on the other we have to help them with infrastruc- fort, given the budget parameters. hand, would give producers added mar- ture and community-building. I know there will be several amend- ket value rather than a costly Federal Some forget that another important ments offered today, especially on be- mandate. Voluntary COOL would ulti- public health agency is also funded in half of enhanced civil rights and solu- mately give consumers, not the Fed- this bill, the Food and Drug Adminis- tions to regional or specific problems. I eral Government, control of country-

VerDate jul 14 2003 01:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.029 H08PT1 H4206 CONGRESSIONAL RECORD — HOUSE June 8, 2005 of-origin labeling for products. The vol- 23 of 27 members of the FDA’s advisory able. There are two only sides of this untary labeling program would add panel voted in favor of allowing over- line Members can be on. They either value throughout the food chain, in- the-counter sales of Barr Laboratories’ want to stop apportions or reduce cluding the producer as well as the con- Plan B emergency contraceptive and them, or they do not. sumer. despite the overwhelming scientific As we await again a decision on Barr Laboratories, a decision the FDA b 1200 evidence in support of the application, the FDA made the unusual decision to promised in January but has not given Voluntary COOL would also create a disregard its own advisory panel’s rec- us yet, I urge them to base this and fu- brand for products of the United States ommendation and reject the applica- ture decision on science, not politics. It and encourage consumers to buy Amer- tion. is time the FDA recognizes it must be ican meats where they shop. The label One of the dissenting panelists was more accountable to the American pub- would add value to American agricul- evangelical conservative Dr. W. David lic to make the best decisions possible tural products. Voluntarily labeling Hager. In October of 2002, I sent a let- based on scientific evidence which is beef, pork, lamb and other meat prod- ter to President Bush expressing my what they are for. They just do not do ucts is a better way to need the needs deep reservations about appointing Dr. that anymore. of consumers and promote American Hager as Chair of the Advisory Com- Mr. PUTNAM. Mr. Speaker, I reserve agricultural products without the enor- mittee for Reproductive Health Drugs the balance of my time. mous costs and burdens of a mandatory at the FDA. Based on Dr. Hager’s past Mr. MCGOVERN. Mr. Speaker, I yield law. conduct, I believed he would not be im- 5 minutes to the gentleman from Wis- Mr. Speaker, I appreciate the gentle- partial in his decisions. On numerous consin (Mr. OBEY). man’s work product, the bill which has occasions, Dr. Hager had already dis- Mr. OBEY. Mr. Speaker, this Con- been brought to the floor, and the hard played a willingness to substitute his gress is owned lock, stock and barrel work he has done on this issue and urge personal beliefs for science. My re- by the pharmaceutical industry. That my colleagues to support the chair- quest, unfortunately, went unheeded was made obvious on passage of the so- man’s efforts. by the administration. called Medicare drug benefit last year Mr. MCGOVERN. Mr. Speaker, I yield Now recent reports have alleged that when the majority party rammed 6 minutes to the gentlewoman from the FDA, while considering allowing through this place, after a 3-hour wait, New York (Ms. SLAUGHTER). over-the-counter sales of emergency a provision which prevented the Fed- (Ms. SLAUGHTER asked and was contraceptive, requested a minority eral Government from negotiating with given permission to revise and extend opinion by Dr. Hager to justify a politi- the drug industry to require lower drug her remarks.) cally motivated decision to Barr Lab- prices under the Medicare program. Ms. SLAUGHTER. Mr. Speaker, as oratories’ application, a truly out- Another piece of evidence of the own- we debate the agriculture appropria- rageous request which, if true, has fur- ership of this Congress by that indus- tions bill today, we will consider fund- ther jeopardized the scientific integ- try is the fact that this House will not ing for the Food and Drug Administra- rity of the FDA. be voting today on an amendment that tion. I am very disappointed that the Clearly the standards of science and would give the FDA the enhanced abil- Hinchey FDA reform amendment will the interest of public health have ity to change the label on drugs that not be allowed under this rule. The taken a back seat to the political agen- have already been approved if later amendment would give the Food and da of extremist politicians. studies demonstrate that those labels Drug Administration two new authori- The scientific facts irrefutably show need to be changed. ties that are badly needed to improve that emergency contraception is a safe I had a member of my family who al- the FDA’s drug safety operations and and effective way for women to prevent most died because of Vioxx. She took ensure that FDA has the tools to take unintended pregnancies. Emergency that drug at the suggestion of a doctor, timely action to protect Americans contraception has been available in the and it virtually ruined her liver. She from unsafe drugs. United States by prescription since the does not drink alcohol, and yet when It would have empowered the FDA late 1990s. It does not cause abortion. the doctor examined her he told her with the authority to require compa- Instead, it stops the release of the eggs that she effectively had the liver of a nies to conduct post-marketing studies from the ovary and prevents unwanted 65-year-old chronic alcoholic because of of FDA-approved drugs and would also pregnancy. If preventing unwanted what Vioxx had done to her. have given the FDA the authority to pregnancy is something we support, no It took 14 months for the FDA to be mandate changes to the labels of FDA- matter what our individual positions able to change Vioxx labeling. approved drugs. Unfortunately, efforts are on a woman’s reproductive free- Any Congress with any guts whatso- to include the amendment were de- dom, we should be outraged by this ever would have had on this floor a feated in the Committee on Rules on a lack of science behind this decision. long time ago legislation to give FDA party-line vote. Effectively preventing unwanted that authority, but that is a big money I am deeply concerned about the pregnancies is clearly the best way to lobby, and they sure pass it around. FDA’s handling, or rather their mis- reduce the number of abortions, and if Last year, they had 500 lobbyists tell- handling, of the consideration to allow my colleagues care about that, they ing this Congress what to do on the emergency contraception to be sold must recognize this fundamental truth. Medicare prescription drug bill. They over the counter. For almost 100 years, The Alan Guttmacher Institute esti- may as well have had a baby-sitter for the FDA has overseen the safety of mates that increased use of emergency every Member of Congress. That is how food, cosmetics, drugs, and medical de- contraceptives accounted for up to 43 many lobbyists they had running vices consumed by the American pub- percent of the total decline in abor- around Capitol Hill. lic, but we cannot trust them uncondi- tions between 1994 and the year 2000. In On that bill on that issue, instead of tionally any more. addition, emergency contraception is being the greatest legislative body in The agency defines itself as a sci- often the only option for the 300,000 the world, Capitol Hill was effectively entific, regulatory and public health women who are raped each year. It is a trash heap. agency. But for what appears to be the widely recognized as an integral part of I intend to vote for this bill because first time in the agency’s history, the comprehensive and compassionate I think the chairman has done a rea- FDA has jettisoned the rigorous stand- emergency treatment for sexual as- sonable job with limited resources, but ards of science and health in evalu- sault survivors. I do not intend to vote for this rule if ating emergency contraception and has The bottom line here is that over- there is a rollcall because I think this instead taken the counsel of religious the-counter approval is the single most rule should have made the Hinchey and political extremists in its consider- effective tool we have to reduce un- amendment in order. It is about time ation of this important pregnancy-pre- wanted pregnancies in America, but that this institution and the President ventive drug. one man is holding it up. Anyone really of the United States starts talking And the results of such counsel have serious about reducing the number of about and dealing with issues that the been predictable. Despite the fact that abortions will support making it avail- American people care about, rather

VerDate jul 14 2003 01:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.030 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4207 than issues that we care about in terms I favor the rule. It will enable us Illinois in Champaign and to the ag re- of our internal operations, such as the today later in the debate to consider an search lab. I have one of the four ag re- filibuster in the Senate or these other amendment that, if approved, will re- search labs in the country in my home- nonsense issues that are really inside duce by 6 percent the sugar subsidy town of Peoria. They do great work baseball. that we have under our current system. there. They collaborate with many dif- Mr. Speaker, I just wanted to get We will hear in the course of this de- ferent people in the community to that off my chest so in case there is a bate how the current sugar subsidiza- really think outside of the box about rollcall on the rule, Members will know tion is a serious misallocation of re- how we take the food and fiber that we why I voted against it. sources to a few large farmers and agri- produce and the commodities we I also want to raise one other point. business interests when we are unable produce and stretch them into many We are not starting on the bill itself to meet the needs under the ag bill for different opportunities for farmers, and until some time after 12. We had other America’s small- and medium-sized also for researchers. We have some of filler on the floor here today before we farmers. the smartest people that work in the got to this appropriations bill. There We will learn how the current poli- ag research lab in Peoria. They could are 11 must-pass bills a session, all of cies damage the environment, espe- not do their work without the kind of them appropriation bills. We have been cially in the Everglades. The Ever- dollars that are provided through this asked on the minority side of the aisle, glades are polluted from the practice of bill. The chairman has really done an even though we regard most of those cane sugar production, threatening extraordinary job in working with all bills as being inadequate, we have been drinking water for south Florida, mari- the members of the subcommittee and asked to provide procedural coopera- time habitat is seriously damaged, and the committee, really, to reach out and tion in order to facilitate the ability of makes the $8 billion down payment try to provide the dollars that are nec- the majority to do the House’s work, that we have made on the cleanup of essary. and we have provided that procedural the Everglades harder, larger and ulti- This is a very good bill for agri- cooperation. But I have to say I get mately more expensive. culture. It is a good bill for America. I very frustrated when we are told that The current policies violate our own ask all Members to support the rule the Committee on Appropriations has principles of free trade. Forty-one and ultimately to support the bill. to be prepared to work until 10 or 11 to- other sugar-producing countries cannot Mr. MCGOVERN. Mr. Speaker, I yield night because you have certain Mem- compete with the lavishly subsidized myself the balance of my time. bers of Congress off on a golfing tour- American market, where they are I thank the gentleman from Texas nament this morning and early this largely excluded, particularly for poor (Mr. BONILLA) and the gentlewoman afternoon. countries. It makes our free trade ar- from Connecticut (Ms. DELAURO) for I resent the fact that there are not guments hypocritical. this bill which I think is a good bill de- going to be any votes until after 2 so a spite an unsatisfactory allocation. I b 1215 few of our colleagues can go off and think this bill deserves support by all golf while we are here trying to slog It is costing American consumers our colleagues. However, I would re- through the 11 appropriation bills that with this unjustified subsidy, forcing spectfully suggest that this Congress in have to pass before this Congress can them to pay two or three times the the future focus more on alleviating adjourn. I do not raise that fact be- world price for sugar. And it is costing hunger and poverty in this country. cause I am a lousy golfer, although I jobs. There are seven times more busi- Yesterday was National Hunger am. I raise that fact simply because nesses that use sugar than produce Awareness Day. There were thousands sooner or later it would be nice if this sugar and is forcing them, I see my col- of people that descended on Capitol place puts the public’s business first league from Illinois here, where the Hill from all over the country urging and puts appropriation bills first rath- confectionery industry in Illinois is Congress to do more. I hope we will do er than dragging in other legislation being driven across the border to Can- more. They are right. There is much that is put on the floor simply to delay ada because the raw material is so more for us to do. the time before the Committee on Ap- much cheaper. Mr. Speaker, I yield back the balance propriations gets to the amendment There will be an opportunity, thank- of my time. stage of its bills. fully, to discuss this under an open Mr. PUTNAM. Mr. Speaker, I yield So, with all due respect, I will vote rule, and I am hopeful that we will myself the balance of my time. for this bill, but I think the process by take this small step to put a little san- I thank the gentleman from Massa- which we have gotten to this bill is a ity in the way we treat sugar. chusetts for his comments. His passion sorry one. Mr. PUTNAM. Mr. Speaker, I yield Mr. PUTNAM. Mr. Speaker, I am for ending hunger in this country is myself such time as I may consume. pleased to yield 2 minutes to the gen- laudable. This is a fair rule. It is an Respecting the gentleman’s right to tleman from Illinois (Mr. LAHOOD). open rule. With the exception of those get off his chest whatever he chooses to (Mr. LAHOOD asked and was given amendments that are legislating on an get off of his chest, I would point out permission to revise and extend his re- appropriations bill, anyone can come that the appropriations process is far marks.) down here and have the opportunity to ahead of schedule, and we are on track Mr. LAHOOD. Mr. Speaker, I want to make their case for changes. So while to complete the program of passing the express my thanks to the gentleman Members have been here expressing bills through the House before July 4. from Texas (Mr. BONILLA) and to the frustrations about certain policy I would also point out our apprecia- gentlewoman from Connecticut (Ms. issues, there has been widespread tion to the gentleman for his support DELAURO). This is a very good bill. I agreement, including from the gen- for the bill and recognition of the hard am privileged to be on this sub- tleman on the Rules Committee and in- work the gentleman from Texas (Mr. committee and to serve with two dis- cluding from the distinguished ranking BONILLA) and his subcommittee have tinguished leaders, the gentlewoman member of the Committee on Appro- put in to an outstanding agriculture from Connecticut and the gentleman priations and the ranking member of appropriation bill, and appreciate the from Texas. They both have worked the subcommittee. There has been a fact that, despite his misgivings about very hard together. This is a very good general agreement of support for the the process, he likes the work product bill for agriculture. It is a very good underlying bill that the gentleman that this committee has produced. bill for our farmers. I represent farmers from Texas (Mr. BONILLA) has pro- Mr. Speaker, I reserve the balance of in central Illinois who produce a lot of duced. I am glad to see that type of bi- my time. food and fiber for the world, particu- partisan cooperation that has not been Mr. MCGOVERN. Mr. Speaker, I yield larly corn and beans. given the credit that is due here in 2 minutes to the gentleman from Or- One of the things that the chairman Washington. egon (Mr. BLUMENAUER). and ranking member have done has This is a great bill for America’s re- Mr. BLUMENAUER. Mr. Speaker, I also really put a lot of emphasis on the sources and for the conservation ele- thank the gentleman for yielding me research title, providing the research ment that America’s farmers and this time to speak on the rule. dollars to places like the University of ranchers are so vital in participating

VerDate jul 14 2003 05:30 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.040 H08PT1 H4208 CONGRESSIONAL RECORD — HOUSE June 8, 2005 in. It provides the necessary frame- GENERAL LEAVE a great subcommittee that comes to work for disaster programs and com- Mr. BONILLA. Mr. Speaker, I ask the table every day with sometimes modity programs that allow us to con- unanimous consent that all Members differences of opinion, but at the end of tinue to provide the safest, cheapest, may have 5 legislative days in which to the day want to get a bill done. As most wholesome food supply in abun- revise and extend their remarks and in- chairman of this subcommittee, it has dance in the world with a very small clude extraneous material on H.R. 2744 been a very fulfilling experience to percentage of our population; and it al- and that I may include tabular mate- have gone through this process with lows us to continue to be in the fore- rial on the same. this great group. front of technology and research and The SPEAKER pro tempore. Is there We have difficult challenges every development, continuing to be on the objection to the request of the gen- year when we put this subcommittee cutting edge of having greater produc- tleman from Texas? mark together and when we put the tion, greater yields on fewer acres in There was no objection. bill together. We had over 2,100 indi- the most environmentally conscious vidual requests from Members; so with manner possible, in addition to dealing f the good staff that we have that I will with our nutrition issues, our women, AGRICULTURE, RURAL DEVELOP- get into a little more later, we have infant and children issues and school MENT, FOOD AND DRUG ADMIN- had to go through with a fine-tooth lunch programs and the other impor- ISTRATION, AND RELATED comb every request to make sure that tant issues for our underserved in this AGENCIES APPROPRIATIONS it does not overlap with another re- country. ACT, 2006 It is a great bill, Mr. Speaker. I en- quest and then to prioritize all of these courage this entire House to support The SPEAKER pro tempore. Pursu- very important issues that come from the rule and the underlying bill. ant to House Resolution 303 and rule Members all over the country. Mr. Speaker, I yield back the balance XVIII, the Chair declares the House in I would also like to thank the staff of my time, and I move the previous the Committee of the Whole House on for working on this. I want to take a question on the resolution. the State of the Union for the consider- moment to mention some very impor- The previous question was ordered. ation of the bill, H.R. 2744. tant names who have worked on this The resolution was agreed to. The Chair designates the gentleman bill, sometimes day and night and on A motion to reconsider was laid on from Wisconsin (Mr. RYAN) as chair- weekends as well: Martha Foley of the man of the Committee of the Whole, the table. minority staff; and Maureen Holohan, and requests the gentleman from Cali- Leslie Barrack, and Jamie Swafford of fornia (Mr. ISSA) to assume the chair f the majority staff. In addition, I want temporarily. to thank our detailee Tom O’Brien and RESIGNATION AS MEMBER OF b 1224 Walt Smith from my personal staff; COMMITTEE ON THE JUDICIARY and, of course, my distinguished clerk, IN THE COMMITTEE OF THE WHOLE The SPEAKER pro tempore (Mr. Martin Delgado, who does a fabulous Accordingly, the House resolved PUTNAM) laid before the House the fol- job on this bill. I also want to take a itself into the Committee of the Whole lowing resignation as a member of the brief moment to recognize Joanne House on the State of the Union for the Committee on the Judiciary: Perdue who worked on the committee consideration of the bill (H.R. 2744) HOUSE OF REPRESENTATIVES, making appropriations for Agriculture, for several years and retired from the Washington, DC, June 8, 2005. committee just this past month. Hon. J. DENNIS HASTERT, Rural Development, Food and Drug Ad- Speaker, House of Representatives, ministration, and Related Agencies for Mr. Chairman, I would also like to Washington, DC. the fiscal year ending September 30, point out just in very broad terms that I am respectfully requesting that you ac- 2006, and for other purposes, with Mr. this bill takes care of a lot of issues cept my resignation from the House Judici- ISSA (Acting Chairman) in the chair. that are critical not just to agriculture ary Committee, effective immediately. The Clerk read the title of the bill. producers but to consumers in terms of Thank you for the opportunity to be a The Acting CHAIRMAN. Pursuant to food safety, research projects that are member of the committee. going on in every State in this Nation. Sincerely, the rule, the bill is considered as hav- ADAM SMITH, ing been read the first time. A lot of people go to the grocery store, Member of Congress. Under the rule, the gentleman from Mr. Chairman, and they see that big The SPEAKER pro tempore. Without Texas (Mr. BONILLA) and the gentle- truck pulling up in the back of the objection, the resignation is accepted. woman from Connecticut (Ms. store and unloading goods that are put There was no objection. DELAURO) each will control 30 minutes. on shelves and in the freezers at the The Chair recognizes the gentleman local grocery store and their products f from Texas (Mr. BONILLA). that are sold at a high quality for a Mr. BONILLA. Mr. Chairman, I yield good price. Quite frankly, most Ameri- ELECTION OF MEMBERS TO CER- myself such time as I may consume. cans do not know all of the policy and TAIN STANDING COMMITTEES OF Mr. Chairman, I am pleased to bring all of the research and all of the hard THE HOUSE before the House today the fiscal year work that goes into putting that prod- Ms. DELAURO. Mr. Speaker, by di- 2006 appropriations bill for agriculture, uct on the shelf so that Americans can rection of the Democratic Caucus, I rural development, the FDA and re- go into the store, use those coupons offer a privileged resolution (H. Res. lated agencies. As many people know, and enjoy themselves and the quality 307) and ask for its immediate consider- this bill does not just fund agriculture of life that it brings to Americans all ation. issues that are so important for the across the country. Again, there is a The Clerk read the resolution, as fol- Nation and the world but also funds the lot of detail that goes into putting this lows: Food and Drug Administration, the bill together. Women, Infants and Children program, H. RES. 307 I am also very proud to work hand in and the food stamp program. There are Resolved, That the following named Mem- a wide variety of issues that are very hand with the gentleman from Virginia bers be and are hereby elected to the fol- (Mr. GOODLATTE), our authorizing lowing standing committees of the House of significant to this Nation and the world. chairman, who has been a partner in Representatives: this process not just this year but (1) COMMITTEE ON THE JUDICIARY.—Ms. This is a bipartisan bill, Mr. Chair- every year. So all of these policies and Wasserman Schultz. man. I am very proud this year to have (2) COMMITTEE ON SCIENCE.—Mr. Moore of worked for the first time with the gen- all of these programs that I am talking Kansas. tlewoman from Connecticut (Ms. about here have been a team effort. The resolution was agreed to. DELAURO), who was a great partner in Mr. Chairman, I include at this point A motion to reconsider was laid on putting this bill together, as are all the in the RECORD the following tabular the table. members of the subcommittee. This is material related to the bill:

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VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.038 H08PT1 Insert offset folio 210K/9 here EH08JN05.009 H4218 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Mr. Chairman, I reserve the balance budget predicted an increase in the use funds from the Food and Drug Admin- of my time. of food stamps in 2006. Unfortunately, istration’s central offices until the Ms. DELAURO. Mr. Chairman, I yield this bill does not provide enough fund- head of the agency testifies regarding myself such time as I may consume. ing to maintain current participation their budget request. This will not af- I thank the gentleman for his state- in the Commodity Supplemental Food fect food or drug safety. It will only af- ment. I am pleased to join him for the Program. At least 45,000 participants, fect FDA’s administrative offices. But I first time in my capacity as ranking the overwhelming majority of older am sure that it will serve to get the ad- member of the agriculture appropria- Americans, will have to be dropped ministration’s and the leadership of tions subcommittee. It has been a from this program unless there are FDA’s attention. pleasure working with the gentleman more funds provided. On that same topic, I thank the from Texas and his staff to put to- Ensuring that these programs are chairman for working with me to in- gether the 2006 agriculture appropria- funded is, in my opinion, among the clude funding to double the annual tions bill and with the gentleman from very serious moral obligations of gov- funding for review and direct-to-con- California (Mr. LEWIS) and the gen- ernment. It is my belief that the bill sumer ads by FDA, as well as another tleman from Wisconsin (Mr. OBEY) as before us today is more than a list of $5 million for drug safety at the FDA. we worked in full committee to get programs and funding levels. It is In 2001, the drug industry spent $2.7 here today. statement of values, of principles and billion on direct-to-consumer adver- I, too, would like to say thank you to priorities, a moral document so that tising, but the FDA office charged with the staff of the subcommittee: to Mar- when we discuss the bill and how it al- ensuring that those ads are accurate tha Foley; to my own personal staff, to locates $16.8 billion for USDA, I believe was funded at less than $1 million, Karen Wilcox, Ashley Turton and we must think of it in those terms. $884,000 to be precise. Doubling that Becky Salay; the majority office, Mar- We should remember that the farm amount is a small start toward rem- tin Delgado, Maureen Holohan, Leslie programs and the international trade edying the inequitable advantage, and Barrack, Tom O’Brien, Jami Burgess. I promotion and advocacy that help our the $5 million will be devoted to the really again say thank you for your ex- farmers across the country and sell our most critical aspects of drug safety. I find it unfortunate the bill includes pertise and for your patience. Let me products have profound implications on a 1-year limitation on implementation also compliment the chairman on our Nation’s overall economy and our of the country of origin labeling for doing the very best with limited re- quality of life, that research programs meat and meat products. Country of sources in this bill. Unfortunately, we at USDA are critical to our efforts to origin labeling would give people the know that the budget situation means protect our agricultural plant and ani- information they need to make an in- that the funding allocation for this mal products, our environment, and formed choice to protect the safety of our public health. subcommittee was simply not suffi- their families. Thirty-five other coun- cient to meet all the needs of rural Unfortunately, in some of these area this bill falls short. I believe that the tries that we trade with, including America and our Nation’s farmers. Canada, Mexico, members of the Euro- President’s budget failed to meet the When I chose to sit on this sub- pean Union, already have a country of needs of rural America, decimating committee 9 years ago, I did so because origin labeling system in place. I be- rural development programs. This bill I believed that the issues overseen by lieve it is a mistake to not move for- makes headway in reversing cuts made this subcommittee are core responsibil- ward on implementing country of ori- by the President. However, I am con- ities of the Federal Government. This gin labeling. is the only subcommittee where farm cerned that funding for water and On International Food Aid, the sub- policy, rural development and con- waste grants, for example, remains committee bill restores $222 million of servation, nutrition programs, food below the level of last year’s House bill funds under Public Law 480 that the ad- safety, drug regulations, and public and well below the 2004 bill. ministration sought to move to health all come together. Although Rural America faces serious eco- USAID, and I thank the chairman for some might be surprised to learn, I nomic development challenges: afford- preventing that move. However, we re- have nearly 400 farms in my district able housing, clean drinking water, main well below the funding level the ranging from dairy farms to horti- sewerage systems, access to remote past few years for that critical aid pro- culture and aquaculture, to orchards educational and medical resources. I gram. This law not only benefits those and vegetable cultivation. In fact, the am afraid that this funding shortfall in dire need around the world, many of first experiment station in the United will lead to long-term deficiencies in whom are starving to death, it benefits States still does cutting-edge research rural infrastructure. our farmers and our maritime shippers in New Haven. Of course, this bill covers the funding by utilizing our farm products and Another area that I have spent time of one of the most important agencies sources of transportation, and I hope on is determining how we can best se- in our entire government, the Food and that we can bring that funding level up cure our food supply, something in Drug Administration within the De- before this bill becomes law. which every American has a stake. My partment of Health and Human Serv- I am pleased that the President’s pro- duties as cochair and founder of the bi- ices. FDA oversees some of the most posals to change formula funding for partisan Food Safety Caucus have in- critical products that our citizens rely agriculture research institutions and formed my understanding of the impor- on every single day. The vast majority to alter the funding stream for the tance of the responsibilities of USDA are processed and fresh foods, except Food and Safety Inspection Service and FDA alike, giving me the oppor- for meat, poultry, and egg products; through user fees were not included in tunity to visit slaughter plants and our prescription and over-the-counter the bill. feed lots as well as fruit and vegetable drugs; medical devices; our blood sup- I also appreciate the chairman’s farms across the country. ply. working with the Democratic members This agency had many problems over of the subcommittee to begin to fund b 1230 the last year, from the recalls of last year’s Specialty Crop Competitive- I see food safety as a public health Bextra and Vioxx to hearings in which ness Act to enhance specialty crops issue. I look forward to finding ways its drug safety scientists have been at such as fruits, vegetables, tree nuts, that can mutually benefit the health of odds with the senior management of dried fruits, and nursery crops in this our people, our farms, and our food FDA. It is troubling, very troubling, bill and for the Farmers Market Pro- supply. In addition, urban areas like that the FDA’s acting commissioner motion Program, a function that can New Haven rely on feeding programs was not permitted to come before our expand the farmer-consumer relation- for women, infants and children, for subcommittee to testify this year, and ship in many areas of our country. schools, for seniors, and for some of the that failure made it difficult for the The programs funded through this disabled living on the edge of poverty. committee to make informed decisions. bill directly impact the everyday lives Yesterday was National Hunger I thank the chairman for accepting of every American, from public health Awareness Day, and our subcommittee the amendment that I offered in sub- and FDA to rural development, infra- is certainly aware that the President’s committee to withhold 5 percent of the structure maintenance, environmental

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I think that tional funding for the Office of Drug the chairman and his staff, and I be- after we pass this bill today the Food Safety to look at direct-to-consumer lieve that we can take pride in the and Drug Administration will still be advertising in order to try to protect progress we have made in significantly left with inadequate authority to pro- the public and to provide additional improving the bill over the proposals tect the public health from dangerous funding to create some more infra- that we did receive from the President. drugs. The FDA will still have a ter- structure. Mr. Chairman, I yield 2 minutes to rible time trying to provide new labels I, too, believe that we should have the gentleman from California (Mr. for drugs which had been initially ap- made in order the amendments offered FARR). proved but which later had been found by the gentleman from New York (Mr. Mr. FARR. Mr. Chairman, I rise to to be, in some cases, a threat to public HINCHEY). Really what should be hap- engage in a colloquy with the distin- health. This Congress has an obligation pening is FDA should be coming to the guished gentleman from Texas (Mr. to fix that. It is being prevented from Congress for authority in order to be BONILLA), chairman of the sub- fixing that by the rule that passed ear- able to change the labeling that, in committee. lier today. fact, ultimately protects the public in- I want to thank the chairman and Secondly, I want to say that I think terest and that we ought to have the the gentlewoman from Connecticut the bill is inadequate in a number of opportunity and they ought to come (Ms. DELAURO), ranking member, for areas. I think that with respect to hav- and demand from us authority in order their work on this fiscal year 2006 agri- ing a full-fledged animal identification to do post-marketing surveys about the culture appropriations bill. I appre- program to help protect the public risks of some of the products that are ciate what they have done with what health against problems like Mad Cow on the market. They should be coming they have had to work with. I also disease, I think that the funding for to us. want to thank the professional staff: that is inadequate. Instead, we want to provide that au- Martin, Maureen, Leslie, Tom, and I certainly think that funding for thority but are not allowed to be able Martha. They have done a tremendous rural sewer and water is grossly inad- to do that. I think that it was a mis- job in putting together a balanced bill. equate. There is probably more demand take for us not to do that, but I think Mr. Chairman, under our tight budg- in my district for rural sewer and we need to continue this effort about et constraints, we are happy to see that water grants than any other program trying to provide the agency which has the USDA CSREES Integrated pro- in the Federal budget. When one lives the regulatory power over the pharma- grams, such as the Section 406 Organic in a community in which more than 50 ceutical industry to develop some spine Transition Program, that were moved percent of the households are headed in order to be able to protect the public into the National Research Initiative either by someone over 65 or by a interest. are directed to be funded at last year’s woman who has no long work history b 1245 levels. outside of the home, that means that As a point of clarification, I would that community has very little tax Mr. BONILLA. Mr. Chairman, I re- like to verify my understanding that base and very little economic ability to serve the balance of my time. the committee’s intent is that the Or- meet environmental standards for Ms. DELAURO. Mr. Chairman, I yield ganic Transition Program, although water and sewer, and the Congress is 5 minutes to the gentlewoman from proposed to be funded through the Na- doing precious little to help those com- Ohio (Ms. KAPTUR). tional Research Initiative, will con- munities. Ms. KAPTUR. Mr. Chairman, I thank tinue to be managed, as it was in fiscal I think we are also very negligent my colleague, the ranking member of year 2004 and fiscal year 2005, as part of with respect to rural housing, and I the Subcommittee on Agriculture, the Integrated Organic Program. Spe- think that this bill is totally inad- Rural Development, Food and Drug Ad- cifically, that the request for proposals equate with respect to International ministration, and Related Agencies of will continue to be issued jointly with Food Aid. the Committee on Appropriations, for that of the Organic Research Initiative There are a number of other concerns yielding me this time in support of under the management of USDA I have about it. But those are the main H.R. 2744; and I want to commend and CSREES staff, including the Organic ones that I would focus on at this mo- thank the gentleman from Texas National Program leader. ment. (Chairman BONILLA) and his fine staff Mr. BONILLA. Mr. Chairman, will I will vote for the bill because I think for their work on this important bill. the gentleman yield? the major fault for the inadequacies of We know it is not easy under the budg- Mr. FARR. I yield to the gentleman the bill lies with the Committee on the et constraints, and we appreciate all from Texas. Budget, not with the gentleman who the work that has been done. Mr. BONILLA. Yes, Mr. Chairman. It produced the bill. But I think Members I especially want to thank and com- is my understanding that there are need to understand this bill is not ade- pliment our new ranking member, the benefits to the Organic Transition Pro- quate to meet the economic develop- gentlewoman from Connecticut (Ms. gram being managed as part of the In- ment needs of rural America. It is not DELAURO), and her staff for her efforts tegrated Organic Program, and my in- adequate to meet the environmental to be sure our Nation’s diverse needs tention is that it should continue to be needs of rural America. It is not ade- are met, including in agriculture, in managed as it was in fiscal years 2004 quate to meet the public health re- food safety, in pharmaceutical safety, and 2005. quirements of the American people. I and all of the responsibilities this sub- Mr. FARR. Mr. Chairman, reclaiming wish it were. Maybe some day it will. committee has. It has been a privilege my time, I thank the chairman for that Ms. DELAURO. Mr. Chairman, I yield for me to have served as ranking mem- clarification, and I appreciate the work myself 2 minutes. ber for several years on this sub- he has done. Let me just say that I want to make committee, and I have full confidence Mr. BONILLA. Mr. Chairman, I re- it clear that what we tried to do with that the gentlewoman from Con- serve the balance of my time. regard to the Food and Drug Adminis- necticut (Ms. DELAURO) will continue Ms. DELAURO. Mr. Chairman, I yield tration was to call attention to the se- to distinguish herself doing an out- 5 minutes to the gentleman from Wis- ries of crises that, in fact, have been standing job in this new role as dem- consin (Mr. OBEY), the ranking member rampant over the last several months, onstrated by this very impressive of our committee. whether it is Vioxx or whether it is start. Mr. OBEY. Mr. Chairman, as I indi- Bextra or whether it is the post-mar- I want to take a brief moment today cated earlier, I intend to vote for this keting studies that were to occur that to raise two issues which are part of bill because I think the gentleman never did occur or the slighting, I be- this appropriations bill and thank the

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.041 H08PT1 H4220 CONGRESSIONAL RECORD — HOUSE June 8, 2005 committee for its support. Two aspects there are no big grocery stores. They Once again, after we pass it here, and of this legislation will help rural Amer- are in urban areas where ethnic mar- we are going to stand and give our ica produce for the future, produce for kets offer great opportunities. They speeches, the conferees from both par- the marketplace and develop expanding are in urban areas offering economic ties, both Chambers, are going to go to markets and be value-added for the development activity that links knowl- the conference, and in the dark of benefit of both producers and con- edgeable consumers with appreciative night this provision is going to be sumers as well as for our Nation. vendors. They are in suburban areas. In stripped from the bill that would help I have been a very strong supporter fact, they are right here behind the our senior citizens and our taxpayers of bioenergy funding every year since U.S. Department of Agriculture, where get affordable drugs at affordable we first added the first-ever energy we had to fight to get the Department prices. The pharmaceutical companies title to the farm bill in the year 2001. It to allow a farmers market to operate will come in and do their bidding, and took us to this new century and so the millions of tourists who come this Congress will turn around and millenium to envision a new energy fu- here every year could buy products heed their interests. ture based on American agriculture. It grown in Virginia and Maryland and After the American people have spo- is amazing it has been such an uphill help our local producers realize some of ken clearly, this Congress last year struggle to get the Department of Agri- that income directly. when we voted for this overwhelm- culture to help the farmers of our We were able to secure, with the help ingly, just as recently as 2 weeks ago country pull this new industry forward. of the gentleman from Texas (Chair- 221 bipartisan Members of Congress Sadly, it is the Department of Agri- man BONILLA) and the ranking mem- sent a letter to the Speaker asking for culture that has been the most lax in ber, the gentlewoman from Con- an up-or-down vote on this legislation. this partnership. necticut (Ms. DELAURO), as part of this Here we have an attempt to make sure Every citizen knows America cannot bill to begin funding for the Farmers continue importing our fuels. We must that the Congress and the voice of the Market Promotion Program authorized American people is clear on the issue of restore energy independence here at in the farm bill several years ago. Com- home. No group is better situated to do funding for reimportation; and in the petitive applications from across the dark of night, mark my words, they it immediately than our farmers and country will be solicited to help expand ranchers. More ethanol and biodiesel will strip this out, as they did last the availability of fruits and vegeta- year, as they did the year before, and are being produced each year. America bles to consumers who want these is only beginning to realize the full po- Ground Hog Day will come to the products but cannot get them as read- tential of American agriculture to help United States Congress. ily as you might believe. It will help move America toward energy independ- Instead of using the money and the link our farmers to the real consumer ence sooner rather than later. limited resources we have to help de- market that they deserve to connect Just yesterday, producers from velop a system to allow for drug re- to. around our country displayed a broad importation, the FDA has insisted on One regret I do have is we were not array of bio-based products here up on using their time and the precious re- able to increase funding for the Seniors Capitol Hill, ranging from everything sources of the American people to Farmers Market Nutrition program, from trash cans to lubricants to car- crack down on elderly Americans who which has shown that linking senior peting to new materials to ethanol to purchase affordable prescription drugs citizens with area farmers is an abso- soy diesel, all from American agri- from Canada, England, Ireland, and the lute win-win for both nutrition and for culture, as we unlock the mystery of rest of Europe because they cannot af- American agriculture. The $15 million organic chemistry and renewable en- ford those medications here. provided by the farm bill is only about ergy for our future. The FDA has even seized the drugs The President of the United States half of what the Nation is already say- purchased through the State-sponsored has gone to a number of events around ing that it needs. But there is no doubt programs like the Illinois I-Save Rx the country claiming he supports that this program could expand greatly program. As Senator FRIST would say, biofuels. He was at another one in Vir- in the years to come, and we are going all we are asking is for an up-or-down ginia last week. But one of the key to make every effort to do that. vote, and that is what we would like on facts that the press fails to report is I look forward to working to help reimportation. that the President’s budget keeps pro- these programs expand to meet the posing cuts in the programs he claims true need among our Nation’s seniors Let us listen to the American people, to support. Year after year, we have as well as others as we move to con- to the will of the bipartisan Members seen cuts of $50 million or more pro- ference and urge support for the fiscal of Congress and allow a vote on this posed in the bioenergy program at the 2006 agriculture appropriations bill. comprehensive prescription drug im- U.S. Department of Agriculture, which Again, I thank the gentleman from portation legislation this year. is a very small program. Year after Texas (Chairman BONILLA) for his great I would like to thank my colleague year, we have to work here in this composure during committee meetings from Connecticut for her leadership on House and in this Congress to restore and his great leadership, and also the this. For the Members who want it to it. gentlewoman from Connecticut (Ms. be clear, I would just hope the Amer- I am very pleased that this bill in- DELAURO) and congratulate her for the ican people have an opportunity to cludes $23 million for section 9006 re- great job she has done on this bill. watch what happens in the dark of newable energy grants and loans. Given Mr. BONILLA. Madam Chairman, I night so we do not repeat Ground Hog the growing support for this program, I reserve the balance of my time. Day around here. am happy that we were able to obtain Ms. DELAURO. Madam Chairman, I Mr. BONILLA. Madam Chairman, I the money in the base bill without the yield 21⁄4 minutes to the gentleman yield 4 minutes to the distinguished need to offer amendments, as we have from Illinois (Mr. EMANUEL). gentleman from Iowa (Mr. LATHAM), a had to do over the past 2 years. Mr. EMANUEL. Madam Chairman, I One of the real success stories in thank my colleague from Connecticut member of the subcommittee. American agriculture in recent years, for her great work. Mr. LATHAM. Madam Chairman, beyond this effort to try to convert to Madam Chairman, this year, just like first of all I want to thank the gen- renewable fuels, has been the rapid rise last year and the year before, an tleman from Texas (Chairman BONILLA) of farmers markets and roadside stands amendment banning the use of funds to for doing such a great job on this bill across our country to help our small stop reimportation of prescription and for his hard work leading the sub- family and medium-sized farmers di- drugs has been added to this legisla- committee through a very difficult, rect market. As cartels take over our tion. It does feel like Ground Hog Day tight allocation and really coming out food system, this is a way forward for around here. We all know the next part with an excellent bill, and also the gen- independent farmers across our coun- of the story. So if you are going to stay tlewoman from Connecticut (Ms. try. up late at night watching C–SPAN, just DELAURO), such a great ranking Mem- These markets are not just in rural put it on TiVo. You do not have to stay ber and true professional. I appreciate areas. They are in urban areas where up. that very much. I also want to express

VerDate jul 14 2003 05:21 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.101 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4221 my appreciation to the extremely pro- Again, in closing, I just want to say dred thousand people, as a result of the fessional staff that we have on the sub- thank you once again to the chairman use of Vioxx, have fallen into condi- committee. It really makes our job so and the ranking member and all the tions where their health has been seri- much easier. committee staff. This is a tough year, ously injured; and it may be, and prob- Like I mentioned, this was a difficult and it is a great bill. I encourage all of ably is, that more than 100,000 people bill with a tight allocation, and I think my colleagues here in the House to suffered death as a result of the use of we have a very good product in the end support this bill. this prescription drug Vioxx. here because of that. Ms. DELAURO. Madam Chairman, I Now, that comes about as a result of I especially want to point out some- yield 5 minutes to the gentleman from the failure of this Congress to give the thing I think is very important to all New York (Mr. HINCHEY), a member of FDA the kind of authority it needs to livestock producers, anyone concerned the subcommittee. deal with the drug companies; and I about food safety, which is the final b 1300 later in the debate on this legislation $58.8 million going to National Animal will offer two amendments to deal with Disease Center at Ames, Iowa. This is Mr. HINCHEY. Madam Chairman, this problem. the last of the $462 million that we first of all, let me express my apprecia- But, right now, I want to draw the have appropriated since the year 2000 tion to the leader on our side on this attention of the Members of this House for this extraordinarily important fa- subcommittee, the gentlewoman from to this issue. This is a serious issue cility. I hope this year that the Senate Connecticut (Ms. DELAURO). This is her which affects the health and safety of will concur and get their number so we first year as the minority rank on this the American people in material and do not have to revisit this issue again subcommittee, and she is doing an out- very dramatic ways. It is an issue that next year with the appropriation bill. standingly good job, and we all very is causing the unnecessary death of I am very pleased that the bill in- much appreciate the work that she is large numbers of Americans, and it is cludes funding for renewable energy. doing. an issue that we have not dealt with Obviously, this is very important for I also want to express my apprecia- and should deal with, and if we do ad- Iowa and our country as far as soy die- tion to my chairman. He also is doing dress it properly, it will alleviate this sel, ethanol, biomass, all of those a very good job, particularly under a condition and stop placing so many of things that are critically important very difficult set of circumstances; and American citizens in the kind of dan- long term as far as gaining energy those difficult set of circumstances gerous, desperate circumstances that independence for the United States, are, particularly, the allocation that they have fallen into which have but also doing it in a renewable way this subcommittee has been afforded. caused serious injury to their health that is environmentally friendly. This But that, of course, is universally true. and death in large numbers of people. is extraordinarily important; and be- All of these subcommittees have been So what we need to do is to give the cause of the work we have done here, afforded very small, ineffective alloca- Food and Drug Administration the au- we are able to finally experience true tions, ineffective to do all the things thority to deal with the pharma- value-added agriculture for our farmers that need to be done. But, nevertheless, ceutical companies in the way that any at home, so they are able to reap the in spite of that, I think the chairman regulatory agency would deal with the profits from renewable energy. has done a good job. I am very pleased that the chairman entity that it is regulating. There is one aspect of this bill, how- For example, in the case of Vioxx, has included funding to fight the po- ever, to which I would like to draw at- tential problem and the very real po- once that drug got on the market and tention, because it is an aspect of the it became clear that people were being tential problem of soybean rust that bill that is entirely deficient and not has gotten into our country, which injured as a result of exposure to it, only deficient but, because of these de- and the off-label marketing of that could be absolutely devastating to a ficiencies, the result is a potential for tremendous crop throughout this coun- drug particularly, once that became serious harm to a large number of clear, the Food and Drug Administra- try, Iowa and the Midwest in par- American citizens. That is the way in ticular. tion was not in a position to tell the which the Food and Drug Administra- I am very pleased also that the bill drug company that they had to engage tion is treated in this legislation, and includes funding for continued work as in an educational program which would far as the Animal ID System that we the fact that the Congress has not pro- ensure that people to whom the drug are trying to get in place so that we vided to the FDA the kinds of author- would be dangerous would not be using can in fact find when we have an out- ity that it needs in order to protect the it. They could not order the pharma- break of, say, mad cow disease, some- general public against the marketing ceutical company to do anything with thing like that, that we are able to of prescription drugs in ways that are regard to the labeling on that drug. identify where that animal came from causing serious harm to large numbers They had to negotiate with the com- and that we can ensure the food safety. of the American people. pany. One issue that was of some con- Now, recently we have had two expe- So these are some of the major issues troversy through the hearings was con- riences, that is, the Nation has had two that we are facing, one of the major de- tinued funding under the Hatch Act for experiences, with drugs that have been ficiencies in this legislation that needs agricultural research. I believe that by very difficult and dangerous. The first to be addressed, and I will be offering continuing the funding of the Hatch is antidepressants and the way that two amendments later on in the de- Act and getting the dollars to the uni- they have been marketed. They have bate, and I hope that the Members of versities where they absolutely are been marketed largely to people who this Congress will embrace those needed, the Hatch Act funding will were targeted for marketing off-label. amendments. allow continued vital research at our A lot of the people who they were mar- Mr. BONILLA. Madam Chairman, I land grant universities and allow them keted to and who used them were reserve the balance of my time. to continue the great job that they do young folks, young people, teenagers. Ms. DELAURO. Madam Chairman, I for agriculture, for our farmers today The effect of these antidepressants on would like to inquire about how much to ensure that the breakthroughs of young folks, youngsters, teenagers, time is remaining on both sides. the future will be in the hands of the people in their early 20s particularly, The Acting CHAIRMAN (Mrs. farmers and for their benefit. has been to engender in them a deep CAPITO). The gentlewoman from Con- Also we have to make sure, and this sense of depression which, in many necticut has 21⁄2 minutes remaining; bill does it, that we have a continuing, cases, has led to suicide; and it has the gentleman from Texas has 221⁄2 strong Risk Management Crop Insur- taken us a long time to get attention minutes remaining. ance program. We all have concerns focused on that problem. Ms. DELAURO. Madam Chairman, I about how it has been administered, Another example is the so-called reserve the balance of my time. and we wanted to make sure that the Cox-2 inhibitors, or prescriptions such Mr. BONILLA. Madam Chairman, I agency reports to us on a quarterly as Vioxx. Vioxx has presented a major, yield such time as he may consume to basis so that we can in fact make sure major problem to consumers across the the gentleman from Pennsylvania (Mr. that that vital program stays in place. country. It is likely that several hun- KANJORSKI).

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.047 H08PT1 H4222 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Mr. KANJORSKI. Madam Chairman, Mr. KANJORSKI. I yield to the gen- culture Appropriations Subcommittee have I appreciate the gentleman yielding me tleman from Texas. done an excellent job under very difficult cir- this time, and I want to explain a prob- Mr. BONILLA. Madam Chairman, the cumstances. lem that we discovered as the bill has gentleman has worked very hard on Madam Chairman, I support this bill be- been moving through. this project; and at this time, as chair- cause it will ensure that important farm bill Since 1997, by Executive order, a pro- man, I would like to commit to trying programs are administered—as well as many gram was created known as the Amer- to resolve this problem to his satisfac- of the important discretionary programs of ican Heritage Rivers Initiative. In that tion between now and the conference. USDA. program, there are 14 rivers, one of Mr. KANJORSKI. Madam Chairman, Madam Chairman, the Farm Bill was devel- which is the Hudson River in New York I appreciate the chairman’s interest; oped in a responsible, forward-looking man- State and the Susquehanna in Pennsyl- and I will rely on the chairman’s good ner. It was devised within the terms of the vania. As a combined effort over the faith to accomplish to that end. As a Congressional budget, and while it addressed last 5 or 6 years, funding for the river result, I think we can all say that we farm income, it also made substantial invest- navigator has come through the pro- have resolved this problem. ments in research, in conservation, and in en- gram of the Natural Resources Con- Mr. BONILLA. Madam Chairman, I hancing the nutrition programs that protect the servation Service. Either inadvertently reserve the balance of my time. needy. or otherwise, even though we have had Ms. DELAURO. Madam Chairman, I But because of this Congress’ failure to take bipartisan support for the support of would ask the chairman if he has any a similar, forward-looking approach to govern- these two navigator positions for the additional speakers. ment debt, this bill makes deep cuts in those Hudson River and the Susquehanna, Mr. BONILLA. Madam Chairman, we farm bill programs that were so strongly sup- the Susquehanna was inadvertently have no additional speakers at this ported in this House. The FY 2004 Agriculture not included in report language on time. Appropriations bill made substantial cuts in page 51 of the report, where only the Ms. DELAURO. Madam Chairman, I Farm Bill programs, the FY 2005 bill went 1 even farther, and this bill cuts them even Hudson River is indicated. yield myself the remaining 2 ⁄2 minutes What I would request from the chair- to close. more. man is assurances that during con- Madam Chairman, as we conclude the Madam Chairman, the Appropriations Com- ference that report language would be general debate, I wanted to reiterate mittee can’t be blamed for this situation. They amended to include the Susquehanna that it has been a pleasure to work have worked on a bipartisan basis to provide River for funding the navigator. with the gentleman from Texas (Chair- the best bill possible in a bad situation. But in order to meet the cap, this bill cuts Just as a justification for that, I man BONILLA) on the bill. Given lim- want to point out that the Susque- ited resources, I think we have tried to these mandatory farm bill programs: the Initia- tive for Future Agriculture and Food Systems; hanna River has been designated by do a good job to meet the needs of rural rural broadband and local television initiatives, American Rivers as one of the most America, our Nation’s farmers, and the Wetlands Reserve Program, bioenergy polluted and endangered rivers in the other accounts funded in the bill. and renewable energy development; the EQIP country. Toward that end, the navi- As we begin to move through the program, the Conservation Security Program, gator presently in place has been in- amendment process, I look forward to the Wildlife Habitat Incentives Program, the volved in two areas: improving water trying to address several areas in the Farmland Protection Program, and others as quality and use, and increased eco- bill that I believe could use some im- well nomic development in the region. provement. Madam Chairman, the Farm Bill—which was To give my colleagues an example, I mentioned earlier the Commodity developed in a very inclusive and bipartisan we are now in the throes of more than Supplemental Food Program. A major- manner—has been working very well. In fact, $100 million in projects as a result of ity of older Americans, nearly 45,000 during the time it has been in effect, com- the effort of the navigator position: re- participants, will have to be dropped modity program spending has been $15 billion modeling an old hotel in downtown from this vital program unless more less than originally projected. But our current Wilkes-Barre on the waterfront that funds are provided. fiscal policies are tearing the Farm Bill apart exceeds $24 million in costs; riverfront Also of concern to me is the 1-year bit by bit. I hope that soon we can end the revitalization that is between $25 mil- limitation on implementation of coun- partisanship that characterizes fiscal policy lion and $30 million; a program of $10 try of origin labeling for meat and and work together towards a common solu- million of the GIS project to include meat products. Consumers in this tion. the entire Susquehanna watershed so country need the information to make Madam Chairman, once again I commend that we can work on water quality informed decisions for their safety and Appropriations Committee members on both problems in that area of the Susque- the safety of their families, and I hope sides for their work on this important bill and hanna River; and a project, an ongoing that the House will reconsider the I urge my colleagues to vote for its passage. project presently of over $30 million to country of origin labeling provision in Ms. LORETTA SANCHEZ of California. service the combined sewage overflows this bill. Madam Chairman, I rise today to express my into the Susquehanna River. Without Overall, I think that the committee disappointment at the under-funding of the the key leadership of the navigator, we can feel good about the work that it Commodity Supplemental Food Program will lose that $100 or $150 million in has done on this legislation thus far. I under the Agriculture Appropriations bill for FY projects and return to really zero. am hoping that we can look at an 06. What I am urging the chairman to in- amendment process where we can im- The Commodity Supplemental Food Pro- dicate is his willingness to amend the prove the bill even more in just a few gram is a federal program designed to im- report language as this bill proceeds critical areas. prove the health of senior citizens, pregnant through conference to include not only I would hope that with regard to the women and children whose income is not the Hudson River but also the Susque- Food and Drug Administration that, in enough to pay for nutritious food. hanna River. I may assure the chair- fact, we will be able to provide them Through this program, seniors, pregnant man that we have worked in a very bi- with the authorities that I think the and breastfeeding women, and children partisan effort with members of the Nation would believe that they des- younger than 5 in 34 States in this country New York delegation and Governor perately need, and that is to be able to have access to a monthly basket, which pro- Pataki’s office that both of these river do post-marketing studies on drug vides them with basic food, such as milk, rice, navigator positions should be funded in products on the market and also to pasta, juice, canned vegetables, meat and this bill, as the other 12 navigators are change labels that would need chang- fish, and cheese. funded in other appropriations bills ing in order to protect the citizenry of Each basket is designed to satisfy the spe- across the country. But to leave out this country. cific needs for people who often have to the Susquehanna River, either inad- Mr. PETERSON of Minnesota. Madam choose between purchasing food and satis- vertently or by error, would be cata- Chairman, I rise in strong support of H.R. fying other necessities. Each basket has the strophic to my congressional district. 2744. purpose of assisting elder people to stay Mr. BONILLA. Madam Chairman, Madam Chairman, the Chairman and the healthy and active, and children to grow will the gentleman yield? new Ranking Minority Member of the Agri- healthy and productive.

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K08JN7.049 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4223 Inadequate funding for the Commodity Sup- mental Nutrition Program for Women, Infants, OFFICE OF THE CHIEF INFORMATION OFFICER plemental Food Program would result in the and Children. For necessary expenses of the Office of the removal of more than 75,000 people currently IOWA CONCERNS Chief Information Officer, $16,462,000. participating in the program. Seniors, women I am particularly pleased that this legislation COMMON COMPUTING ENVIRONMENT and children in poverty cannot wait until next contains critical funding for ag and food safety For necessary expenses to acquire a Com- year to get adequate funding for the food they programs in my home state of Iowa. Specifi- mon Computing Environment for the Nat- need. cally, I would like to commend the committee ural Resources Conservation Service, the For these reasons, I recommended to the for funding the completion of the National Farm and Foreign Agricultural Service, and Committee that funding for the Commodity Centers for Animal Health in Ames, Iowa, Rural Development mission areas for infor- Supplemental Food Program be increased to mation technology, systems, and services, where vital research to keep our nation’s food $124,580,000, to remain available until ex- $148 million. Unfortunately, the House appro- supply safe is being done everyday. In addi- pended, for the capital asset acquisition of priation falls far below the amount necessary. tion, this bill continues funding for the Agri- shared information technology systems, in- I can only hope that my colleagues in the culture-Based Industrial Lubricants (ABIL) pro- cluding services as authorized by 7 U.S.C. other Chamber will approve the adequate gram at the University of Northern Iowa in my 6915–16 and 40 U.S.C. 1421–28: Provided, That funds to avoid this social catastrophe. Congressional district. The ABIL program con- obligation of these funds shall be consistent By approving increasing fund for this pro- tinues to promote value-added and environ- with the Department of Agriculture Service gram we will show seniors, women and chil- mentally safe agriculture products. Center Modernization Plan of the county- dren in need, that we care and work for them. As we continue the appropriations season, I based agencies, and shall be with the concur- Mr. NUSSLE. Madam Chairman, I rise to rence of the Department’s Chief Information commend Chairman LEWIS and our colleagues Officer. speak on the measure before us, providing on the Appropriations Committee for meeting AMENDMENT OFFERED BY MR. BONILLA budget authority for programming by the U.S. the needs of the American public within the Mr. BONILLA. Madam Chairman, I Department of Agriculture and others. It pro- framework established by the budget resolu- vides for about 20 percent of total USDA tion. In conclusion, I express my support for offer an amendment. The Clerk read as follows: budget authority. As Chairman of the Budget H.R. 2744. Committee, I am pleased to note that this bill Mr. DELAURO. Madam Chairman, I Amendment offered by Mr. BONILLA: is consistent with the levels established in H. yield back the remainder of my time. On page 3, line 12, insert after the dollar Mr. BONILLA. Madam Chairman, in amount the following: ‘‘(decreased by Con. Res. 95, the House concurrent resolution $40,000,000)’’; on the budget for fiscal year 2006. Overall the interest of moving forward and On page 30, line 19, insert after the dollar spending in the bill is $29 million more than moving to the amendment process, I amount the following: ‘‘(decreased by the 2005 enacted level and $22 million above yield back the balance of my time. $20,000,000)’’; the President’s request. The Acting CHAIRMAN. All time for On page 33, line 2, insert after the dollar DEPARTMENT OF AGRICULTURE general debate has expired. amount the following: ‘‘(increased by In most areas within USDA, appropriators Pursuant to the rule, the bill shall be $20,000,000)’’; considered for amendment under the 5- On page 44, line 1, insert after the dollar ended up somewhere between the President’s minute rule. During consideration of amount the following: ‘‘(increased by request and the 2005 enacted level. None of the bill for amendment, the Chair may $40,000,000)’’; and the President’s initiatives to collect $178 mil- On page 44, line 10, insert after the dollar accord priority in recognition to a lion in new or increased user fees was taken amount the following: ‘‘(increased by Member offering an amendment that up, making up the difference through spending $40,000,000)’’. he has printed in the designated place reductions in some discretionary programs Mr. BONILLA (during the reading). in the CONGRESSIONAL RECORD. Those and through $1.4 billion in reductions in some Madam Chairman, I ask unanimous amendments will be considered read. mandatory programs authorized for the first The Clerk will read. consent that the amendment be consid- time in the 2002 farm bill. The Clerk read as follows: ered as read and printed in the RECORD. The bill makes changes in various manda- H.R. 2744 The Acting CHAIRMAN. Is there ob- tory programs that reduce net budget authority Be it enacted by the Senate and House of Rep- jection to the request of the gentleman by $1.4 billion. Specifically, it reduces budget resentatives of the United States of America in from Texas? authority by about 25 percent for a number of Congress assembled, That the following sums There was no objection. mandatory conservation programs and elimi- are appropriated, out of any money in the Mr. BONILLA. Madam Chairman, I nates funding for a subset of agricultural re- Treasury not otherwise appropriated, for Ag- would like to briefly explain the search and rural development programs. riculture, Rural Development, Food and amendment and the purpose of the While the use of one-year savers in manda- Drug Administration, and Related Agencies amendment. tory programs to stay within the Subcommit- programs for the fiscal year ending Sep- First of all, the amendment cuts $40 tember 30, 2006, and for other purposes, tee’s 302(b) allocation has become routine, namely: million from the Common Computing Environment account and increases the the Agriculture Committee could change some TITLE I value-added market development of these same mandatory programs them- AGRICULTURAL PROGRAMS selves in order to comply with the reconcili- grants by $40 million. The amendment OFFICE OF THE SECRETARY ation instructions in the Fiscal Year 2006 also reduces the Conservation Oper- For necessary expenses of the Office of the budget resolution. Secretary of Agriculture, $5,127,000: Provided, ations account by $20 million, and it FOOD AND DRUG ADMINISTRATION That not to exceed $11,000 of this amount increases the Watershed Rehabilitation H.R. 2744 provides $1.8 billion for the sala- shall be available for official reception and account by the same amount. ries and expenses of the Food and Drug Ad- representation expenses, not otherwise pro- I understand that Members may have ministration [FDA], an increase of $55.3 mil- vided for, as determined by the Secretary. some concern with these transactions lion, or 3.1 percent, above the 2005 enacted EXECUTIVE OPERATIONS that we are involved with here, but the level and a decrease of $17.7 million below CHIEF ECONOMIST reason that we are doing this today is the President’s request. Of the appropriated For necessary expenses of the Chief Econo- to accommodate some legitimate con- funds, $357 million is financed from on-going mist, including economic analysis, risk as- cerns raised by the authorizing com- drug, device and animal drug user fees. Under sessment, cost-benefit analysis, energy and mittee about some of the mandatory new uses, and the functions of the World Ag- limitations in this bill. I have worked provisions of the Prescription Drug User Fee ricultural Outlook Board, as authorized by Act, the FDA will collect $305 million as user the Agricultural Marketing Act of 1946 (7 closely with the gentleman from Vir- fees to offset part of the costs of prescription U.S.C. 1622g), $10,539,000. ginia (Chairman GOODLATTE) over the drug approval. This bill provides an increase NATIONAL APPEALS DIVISION years, and I intend to work with him of $12.4 million for food safety and counter- For necessary expenses of the National Ap- closely in the future, especially as he terrorism activities to ensure consumers are peals Division, $14,524,000. prepares to write a new farm bill. protected against intentional and accidental OFFICE OF BUDGET AND PROGRAM ANALYSIS While I would have preferred to keep risks that threaten our food supply. For necessary expenses of the Office of the CCE account funded at the highest H.R. 2744 does not contain any emergency- Budget and Program Analysis, $8,298,000. level possible, I am confident that designated BA, which is exempt from budget HOMELAND SECURITY STAFF when we get to the conference with the limits. The bill does rescind $32 million in the For necessary expenses of the Homeland Senate that we will be able to restore unobligated balances of the Special Supple- Security Staff, $934,000. funding to this account.

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.045 H08PT1 H4224 CONGRESSIONAL RECORD — HOUSE June 8, 2005 So let us keep this funding moving agements, and other essential information to amount the following: ‘‘(reduced by forward, and I ask for Members’ sup- participate in agricultural programs. $855,000)’’. port on this amendment. It is my un- These grants may also be awarded to His- Under the headings ‘‘COOPERATIVE STATE derstanding that the minority has panic Serving Institutions, Tribal Colleges and RESEARCH, EDUCATION, AND EXTENSION SERV- agreed to this amendment, so we hope Historically Black Colleges and Universities ICE’’ and ‘‘RESEARCH AND EDUCATION ACTIVI- TIES’’, insert after the first dollar amount, to expedite debate. that engage in outreach to minority farmers. and after the dollar amount relating to an b 1315 This program helps to mitigate a long his- education grants program for Hispanic-serv- tory of unequal treatment of minority farmers ing Institutions, the following: ‘‘(increased The Acting CHAIRMAN (Mrs. and ranchers. by $855,000)’’. CAPITO). Is there further debate on the The USDA has already paid over $1 billion Mr. HINOJOSA. Madam Chairman, I amendment? to settle discrimination lawsuits. By investing am offering this amendment on behalf The question is on the amendment in the 2501 program, we can improve relation- of myself and my colleague, the gen- offered by the gentleman from Texas ships between the USDA and socially dis- tleman from California (Mr. BACA). (Mr. BONILLA). advantaged farmers and prevent future law- I want to thank the chairman, the The amendment was agreed to. suits. gentleman from Texas (Mr. BONILLA), AMENDMENT OFFERED BY MR. BUTTERFIELD This is a small investment that could poten- and the ranking member, the gentle- Mr. BUTTERFIELD. Madam Chair- tially save millions in the future. woman from Connecticut (Ms. man, I offer an amendment. I urge my colleagues to vote ‘‘yes’’ on the DELAURO), for putting together this bi- The Clerk read as follows: Butterfield-Scott-Baca amendment. partisan bill. Amendment offered by Mr. BUTTERFIELD: Mr. REYES. Madam Chairman,, I rise in I believe this amendment will be an impor- Page 3, line 12, after the dollar amount, in- strong support of the Butterfield Amendment, tant improvement. The Baca/Hinojosa amend- sert the following: ‘‘(reduced by $2,000,000)’’. which would add $2 million to the USDA’s ment would take $855,000 from the Common Page 17, line 18, after the dollar amount, Small Farmer Outreach Training and Tech- Computing Environment program and transfer insert the following: ‘‘(increased by nical Assistance Program. $1,875,000)’’. it to the Hispanic Serving Institutions Edu- As a young man growing up in the El Paso cation grant program under the Cooperative Mr. BUTTERFIELD. Madam Chair- Upper Valley Community of Canutillo, I experi- State Research Education and Extension man, I bring this amendment to the enced the many challenges that small and Service. floor today on behalf of myself, the medium farmers face daily. My grandfather, This competitive USDA/HSI grant program gentleman from California (Mr. BACA), father and close family members contributed is designed to promote and strengthen the the gentleman from Texas (Mr. REYES), to the operation of the family farms in the El ability of HSIs to carry out education programs and the gentleman from Georgia (Mr. Paso and Dell City Valley, Texas. that attract, retain, and graduate outstanding SCOTT) in order to provide much needed Also, throughout my tenure in Congress, I students capable of enhancing the Nation’s financial assistance to our Nation’s mi- have met with many minority farmers from my food and agriculture, scientific and profes- nority farmers, and to the 1890 Land Congressional District of El Paso, Texas. sional work force. This program is making a Grant Colleges and Universities. These Hispanic farmers have faced many difference in the Latino community. Coastal While I generally support this legis- challenges. Outreach, training, and technical Bend Community College in Beeville, Texas lation, it falls short, in my estimation, assistance are essential to help them succeed has used its USDA/HSI grant to improve re- in the area of funding for rural develop- in today’s challenging agriculture economy. tention, expand and strengthen the agriculture ment. We must, Madam Chairwoman, Unfortunately, while Hispanics are the fast- curriculum, engage high school students in ag- offer more outreach and more tech- est-growing population in the country, they re- riculture-related fields through dual enrollment nical assistance to our farmers. During main a disadvantaged minority when it comes programs, and increase the number of articu- fiscal year 1983, President Reagan initi- to having the resources to own and farm our lation agreements with area universities like ated the Small Farmer Outreach Train- nation’s land. Farming and ranching are full Texas A&M at Kingsville and many univer- ing and Technical Assistance program time, 24 hour, seven day endeavors, and our sities throughout the country and the terri- in response to the USDA task force on small and disadvantaged farmers and ranch- tories! black farm ownership. ers merit our consideration and assistance. Although Title VIII of the Farm Bill author- It reflected a commitment to imple- Adequate funding for this program would pro- izes $20 million for this program, actual appro- ment Reagan’s Presidential Executive vide the farmers with technical, farm manage- priations remain at only 28 percent of the au- Order 123–20 dated September 15, 1981, ment, and marketing assistance, all of which thorized level. to support Historically Black Colleges are important to keeping our farmers produc- Only 2.7 percent of HSI college graduates and Universities by addressing the tive on their land. earn a degree in agriculture-related areas. The many civil rights issues that are con- The Small Farmer Outreach Training and continued underrepresentation of Hispanics in fronted by the agency. Technical Assistance Program has made a these important areas of agriculture demands This is the only program, the only great impact in the El Paso and Las Cruces a greater investment in such programs to ex- program implemented by the USDA region, and without the proper funding for the pand funding to additional HSIs to better meet that directly helps minority farmers program I fear our farmers will be lacking the USDA goals. who are losing their farms at a rate means to succeed. I strongly urge my col- With over 200 HSIs, serving over 1.4 million that far exceeds their white counter- leagues to join me in supporting our nation’s students, it is time to increase the appropria- parts. I, therefore, Madam Chairman, minority farmers by ensuring the passage of tions for this program beyond current levels. urge my colleagues to support this this important amendment, and I appreciate Our amendment is a modest step in that direc- amendment. the efforts of Mr. BUTTERFIELD and others on tion. Mr. BONILLA. Madam Chairman, we this important issue. I strongly urge my colleagues to support this are willing to accept this amendment The Acting CHAIRMAN. The ques- amendment. and move forward. tion is on the amendment offered by Mr. BONILLA. Madam Chairman, Mr. BACA. Madam Chairman, I rise in the gentleman from North Carolina will the gentleman yield? strong support of the Butterfield-Scott-Baca- (Mr. BUTTERFIELD). Mr. HINOJOSA. I yield to the gen- Reyes amendment. The amendment was agreed to. tleman from Texas. This amendment increases the funding to AMENDMENT NO. 4 OFFERED BY MR. HINOJOSA Mr. BONILLA. Madam Chairman, the the 2501 Socially Disadvantaged Farmer and Mr. HINOJOSA. Madam Chairman, I gentleman has worked very hard on Rancher program by $2 million from $5.935 offer amendment No. 4 on behalf of the this important issue, which is very im- million to $7.935 million. gentleman from California (Mr. BACA). portant to students around the coun- These grants are meant to provide outreach The Acting CHAIRMAN. The Clerk try; and we would be happy to accept and technical assistance to encourage and as- will designate the amendment. the amendment and move forward and sist socially disadvantaged farmers and ranch- The text of the amendment is as fol- move it to a vote if the gentleman ers to own and operate farms and ranches lows: would like. and participate in agricultural programs. Amendment No. 4 offered by Mr. HINOJOSA: Mr. HINOJOSA. I would accept that. This assistance includes information on ap- Under the heading ‘‘COMMON COMPUTING If the gentleman from Texas will ac- plication and bidding procedures, farm man- ENVIRONMENT’’, insert after the dollar cept the amendment, I will.

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.053 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4225 Mr. BACA. Madam Speaker, I rise in strong The amendment was agreed to. This, the House bill that we are con- support of this amendment, which I have intro- AMENDMENT OFFERED BY MR. WEINER sidering today, allocates $22 million duced with my colleague Congressman Mr. WEINER. Madam Chairman, I less for APHIS than President Bush HINOJOSA. offer an amendment. had requested. The Nature Conser- This amendment provides an additional The Clerk read as follows: vancy, which studies the impact of $855,000 in funding for grants to Hispanic Amendment offered by Mr. WEINER: pests like the Asian long-horn beetles, Serving Institutions, which are colleges and Page 3, line 12, after the dollar amount says that we really need a $44 million universities with at least 25 percent Hispanic insert the following: ‘‘(reduced by increase. We are not going to be able to enrollment. The funding will be offset from the $21,000,000)’’. get a $44 million increase in this bill. Common Computing Environment, which is Page 18, line 12, after the first dollar What the amendment does is try to funded at $130 million. amount, insert the following: ‘‘(increased by reach a point that we at least start to $18,885,000)’’. This account was funded at $5.6 million last win the battle again, start to lead to a year. The appropriations act for Fiscal Year Mr. WEINER. Madam Chairman, pic- reduction in the amount of trees that 2006 funds the account at $5.645 million, only tured on this chart is an Asian long- are infected, not only by the Asian $45,000 more than last year’s level. The horned beetle. This is one of the many long-horn beetle, but by the emerald Baca-Hinojosa amendment will bring this fund- pests that are under the responsibility ash borer and others that I mentioned. ing to $6.5 million, the amount requested by of APHIS, the Animal and Plant There is hardly a State in the Union the Congressional Hispanic Caucus. Health Inspection Service. This is an that has not found its trees impacted This funding is given out on a competitive insect that bores its way into trees, by these pernicious insects. APHIS has basis to Hispanic Serving Institutions for agri- primarily in Illinois, in the northeast, been an effective way to reverse the cultural research. These grants increase the and kills them. course. A combination of research and ability of colleges and universities to serve There is no way to stop this pest ex- remediation has proven that the dol- Hispanic and low-income students. In my own cept by cutting down the tree. And we lars spent on these things turn out to district, California State University San in New York and in New Jersey and Il- be extraordinarily helpful. Whether it Bernardino has benefited from these funds in linois have had to chop down a lot of is the cactus moth or the gypsy moth the past. them. in Washington-Oregon, I would urge Forty-one percent of all USDA research What my amendment will do is to in- my colleagues in virtually every State project proposals from HSIs are funded, a re- crease the funding for APHIS, to bring of the Union to look to see if you have markable success rate for proposal accept- it up to the level that the Bush admin- an insect that represents a pest that is ance. Clearly, this is a great resource that istration proposed in their preliminary impacting not only the trees in the ab- needs to be further funded to reach its true budget. It is estimated that the amend- stract sense of our environment, but potential. ment that we are offering today with also our economy. Other important institutions that serve minor- the gentleman from Michigan (Mr. There is hardly a State in the Union ity communities each receive more than dou- MCCOTTER) and my colleagues from that would not benefit from this ble the funding of HISs. We must ensure that New York and others around the coun- amendment. As I said, I believe that HSIs are funded at the same level as other try, by increasing by $19 million, we the ranking member, the gentlewoman similar programs. will wind up preventing more than $700 from Connecticut (Ms. DELAURO), and I commend Chairman BONILLA for his effort billion worth of damage to trees the chairman, the gentleman from to gradually increase funding for Hispanic throughout the country. Texas (Mr. BONILLA), deserve great Serving Institutions. However, an inequity still This is not just a problem that will credit for how they have done more remains and must be corrected. be solved for the Asian long-horned with less. We are making a minor If this Congress is going to be dedicated to beetle. If you have the emerald ash change to increase the funding for providing a top-quality education for all stu- borer in Indiana, Ohio or Michigan, or APHIS by $19 million to allow even dents in America, then we need to ensure that in the Pacific Coast, or suffer from sud- more work. we fully fund HSIs and other institutions that den oak death in California or Oregon, The gentleman from Michigan (Mr. reach out to our underserved communities. or are dealing with the glassy-winged MCCOTTER), who is sponsoring this I urge my colleagues to vote ‘‘yes’’ on the sharpshooter in California, or of course amendment with some of us in the New Baca-Hinojosa amendment. boll weevils throughout the South, all York and New Jersey delegation, is de- Mr. CARDOZA. Madam Chairman, I rise of these are pests which are having a tained. He is expected on the floor today, in support of the Baca-Hinojosa amend- dramatic impact on our economy, or is shortly, but he represents, as so many ment to the agriculture appropriation bill to in- having a budget cut in this round to an other Members do, a bipartisan effort crease funding for Hispanic serving institu- unacceptable level. to make sure that insects like this are tions. First let me say of the chairman and vanquished once and for all. This increase would grant additional funding the ranking member, they are doing a Mr. BONILLA. Madam Chairman, I for 193 of our Nation’s Hispanic serving col- lot with less and less. The staffs of rise to oppose the amendment. leges and universities who are committed to both the minority and majority side Although I certainly understand and ensuring greater Hispanic representation in should be commended for taking a very share the concerns that many Members higher education in the U.S. small allocation and trying to make it have about plant, pests and diseases There are 54 Hispanic serving institutions in as best they can. However, what my that devastate crops and trees, I must my home State of California, and in my con- amendment will do is it will take a say that we have done our absolute gressional district, which ranks among the program that essentially does the com- best to fund eradication and control of highest in agriculture producing districts in the puting and data processing part of the plant pests in the bill that you see be- country, there are four Hispanic serving institu- Agriculture Department and moves it fore you today. tions. One Hispanic serving institution in par- into dealing with these pests. Funding includes, among other ticular that will benefit is UC Merced, an ex- Obviously, I would like not to have things, for the Asian long-horn beetle, ceptional research institution committed to re- to cut any part of the Agriculture De- it is at $15.3 million. Also, across the ducing under-representation of valley students partment, but this is an offset that country, the glassy-winged sharp- in the fields of agricultural sciences and nat- works. We found, when this House shooter, 24 million; the emerald ash ural resources. weighed into this debate in the past borer, 14 million; Citrus canker, $36 Madam Chairman, I support an increase in and increased funding through an million, very important to our Mem- ag-related educational funding. I believe that it amendment on the floor, we wound up bers in Florida. And the list goes on. will not only benefit my district but also the ag- having a substantial positive impact. Emerging plant pests alone are fund- ricultural education and production of our When the Asian long-horn beetle was ed at over $100 million in this bill. In country on a whole. first kind of discovered in 1999 here in addition, tens of millions of dollars go The Acting CHAIRMAN. The ques- the east coast, there were 2,500 trees to fund programs to stop Medfly, the tion is on the amendment offered by that were affected. It was down to just boll weevil, brucellosis, the gypsy the gentleman from Texas (Mr. 66 in 2004. Unfortunately, that down- moth, and many others. Every Member HINOJOSA). ward trend has recently been reversed. has some interest represented. And we

VerDate jul 14 2003 05:21 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.017 H08PT1 H4226 CONGRESSIONAL RECORD — HOUSE June 8, 2005 have carefully balanced things out so cies in their State. Work with us in I urge the House to support the amendment. that agriculture is best protected, and supporting this amendment to contain The Acting CHAIRMAN (Mrs. that is what we all want. it and other invasive species that are CAPITO). The question is on the amend- Those are the appropriated amounts, found in our country. ment offered by the gentleman from and when there is an emergency situa- Our amendment merely raises the New York (Mr. WEINER). tion, the Secretary has authority to amount to the amount that President The question was taken, and the Act- use funds from the Commodity Credit Bush put in the budget, and it is an in- ing Chairman announced that the noes Corporation for eradication and con- vestment in the economy and the envi- appeared to have it. trol. For sudden oak death, an addi- ronment of our State. I urge my col- Mr. WEINER. Madam Chairman, I de- tional $9 million was approved this leagues to support the Weiner- mand a recorded vote. year, and requests are pending for 11 McCotter amendment. The Acting CHAIRMAN. Pursuant to million for the emerald ash borer and Ms. DELAURO. Madam Chairman, I clause 6 of rule XVIII, further pro- $5 million for the glassy-winged sharp- move to strike the requisite number of ceedings on the amendment offered by shooter. words. the gentleman from New York (Mr. We are watching the use of emer- Madam Chairman, I rise in support of WEINER) will be postponed. gency funds closely. There is no way this amendment. Unfortunately, plant The Clerk will read. that appropriated dollars substitute for diseases are continuously emerging; The Clerk read as follows: and they can threaten not only our ag- the emergency funding that these agri- OFFICE OF THE CHIEF FINANCIAL OFFICER riculture but our environment and our culture emergencies demand. I am also For necessary expenses of the Office of the very concerned about the amendment public health. I think that in Con- Chief Financial Officer, $5,874,000: Provided, due to the offset proposed to cut the necticut, for instance, I will talk about That the Chief Financial Officer shall ac- common computing environment. I do sudden oak death, which has been iden- tively market and expand cross-servicing ac- oppose this amendment once again and tified recently. We are looking at po- tivities of the National Finance Center: Pro- tentially massive deforestation, and we vided further, That no funds made available urge a ‘‘no’’ vote. by this appropriation may be obligated for Mrs. MALONEY. Madam Chairman, I are working hard at the New Haven Ex- periment Station to cooperate on re- FAIR Act or Circular A–76 activities until move to strike the last word. the Secretary has submitted to the Commit- I rise in support of the Weiner/ search on the plant disease before our forests of Connecticut are heavily im- tees on Appropriations of both Houses of McCotter amendment and really urge Congress and the Committee on Government pacted. all of my colleagues to join them in Reform of the House of Representatives a re- We all know the results of massive this important issue. Their amendment port on the Department’s contracting out deforestation: Bad for our land con- policies, including agency budgets for con- would merely add $19 million to the servation, bad for our environment, Animal and Plant Health Inspection tracting out. and it contributes to the lowering of, OFFICE OF THE ASSISTANT SECRETARY FOR Service and raise it to the level that the actual lowering of our air quality. the President put in his own budget. CIVIL RIGHTS Mr. Chairman, I urge a ‘‘yes’’ vote on For necessary salaries and expenses of the This would attack all types of this amendment. invasive species, including the sudden Office of the Assistant Secretary for Civil Mr. LEVIN. Mr. Chairman, I urge my col- Rights, $811,000. oak death, the glassy-winged sharp- leagues to support the Weiner/McCotter OFFICE OF CIVIL RIGHTS shooter; but I would like to focus on amendment. We need to boost federal funding this terrible Asian long-horn beetle, For necessary expenses of the Office of to fight the invasive species that are destroy- Civil Rights, $20,109,000. which has had a devastating economic ing native trees across the United States. OFFICE OF THE ASSISTANT SECRETARY FOR and environmental impact in New York This amendment would provide an addi- ADMINISTRATION State. The Asian long-horn beetle was tional $19 million to help fight invasive species first discovered in 1995 in Green Point, For necessary salaries and expenses of the like the Asian longhorn beetle, the emerald Office of the Assistant Secretary for Admin- Brooklyn, in the district that I rep- ash borer, and the boll weevil. If you’ve never istration, $676,000. resent. heard of these insects, or have never lost a AGRICULTURE BUILDINGS AND FACILITIES AND We had to cut down every single tree tree in your district to these invaders, count RENTAL PAYMENTS in one of our beautiful parks in Brook- yourself lucky. The emerald ash borer has (INCLUDING TRANSFERS OF FUNDS) lyn, and really cut down trees in a been simply devastating to ash trees in my whole section of Brooklyn in an at- district in Southeast Michigan. The borer is na- For payment of space rental and related costs pursuant to Public Law 92–313, includ- tempt to contain this terrible invasive tive to China and was only discovered in the ing authorities pursuant to the 1984 delega- species, which we do not know how to United States in 2002, but already it has killed tion of authority from the Administrator of get rid of. The one approach that we more than 7 million ash trees. The emerald General Services to the Department of Agri- have now is once you discover it, you ash borer arrived in North America years ear- culture under 40 U.S.C. 486, for programs and have to literally chop down the tree, lier, so we have a huge job on our hands to activities of the Department which are in- cut it into small pieces and burn it. contain this insect and stop its spread. cluded in this Act, and for alterations and That is the only way they know how I can’t overemphasize how destructive this other actions needed for the Department and to get rid of this terrible bug. Regret- small green insect is. Once it gets underneath its agencies to consolidate unneeded space the bark of an ash tree, the borer will kill the into configurations suitable for release to tably, the Asian long-horn beetle the Administrator of General Services, and moved into Queens and into Manhat- tree within a couple years. All species of ash for the operation, maintenance, improve- tan. There was a tremendous effort trees are vulnerable. It is sobering to see so ment, and repair of Agriculture buildings from the city, State and Federal Gov- many beautiful trees that have stood in neigh- and facilities, and for related costs, ernment to contain it, to keep it out of borhoods for decades become sick and die. It $183,133,000, to remain available until ex- Central Park, which is many people’s is also extremely costly to homeowners and pended, as follows: for payments to the Gen- favorite spot in New York; yet, regret- communities to remove the ash trees and re- eral Services Administration and the Depart- tably, 2 months ago, the beetle was place them. ment of Homeland Security for building se- By working quickly, we’ve managed to sig- curity, $147,734,000, and for buildings oper- spotted in Central Park. ations and maintenance, $35,399,000: Provided, We have had to chop down over 4,000 nificantly slow the spread of the emerald ash borer, but people need to understand that That amounts which are made available for trees in New York City in our attempts space rental and related costs for the Depart- to contain this invasive species. every ash tree in the country is at risk if we ment of Agriculture in this Act may be don’t contain this insect now. So far, the infes- b 1330 transferred between such appropriations to tation has been limited to Michigan, Ohio, Indi- cover the costs of additional, new, or re- We need to contain it in New York ana and Ontario. To give you some idea of placement space 15 days after notice thereof City. If it moves into upper New York the dimension of the threat, there are 750 mil- is transmitted to the Appropriations Com- and to the Northeast, it could destroy lion ash trees in Michigan alone, and 7.5 bil- mittees of both Houses of Congress. literally all of the trees; and it is a lion ash trees nationwide. We need to make AMENDMENT OFFERED BY MR. PLATTS problem that really all of us should be additional resources available now to fight the Mr. PLATTS. Mr. Chairman, I offer concerned about. Believe me, my col- emerald ash borer, or there will be a much an amendment. leagues do not want this invasive spe- higher price to pay down the road. The Clerk read as follows:

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.061 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4227 Amendment offered by Mr. PLATTS: virus spreading beyond the quarantine Mr. PLATTS. Madam Chairman, I Page 5, line 8, after the dollar amount in- area will be left open. ask unanimous consent to withdraw sert the following: ‘‘(reduced by $2,650,000)’’. Complete eradication of the plum pox Page 5, line 13, after the dollar amount in- my amendment. sert the following: ‘‘(reduced by $2,650,000)’’. virus, on the other hand, will allow The Acting CHAIRMAN. Is there ob- Page 18, line 12, after the dollar amount in- U.S. stone fruits and nursery industries jection to the request of the gentleman sert the following: ‘‘(increased by to continue operating without further from Pennsylvania? $1,227,000)’’. impairment by this virus menace. Mr. WEINER. Madam Chairman, re- Mr. PLATTS. Madam Chairman, this Level funding, as this amendment serving the right to object, I would ask amendment I offer would increase proposes, is critical to helping to eradi- the author of the amendment that funding for the Animal and Plant cate this devastating disease once and would increase by $1 million, does he Health Inspection Service, APHIS, by for all. intend to support the amendment that $1.227 million for the purpose of eradi- Mr. WEINER. Madam Chairman, I was just passed that would increase the cating plum pox disease. This funding move to strike the last word. account that he wants to solve the Madam Chairman, I commend the effort would allow for the total amount problem in by $19 million? gentleman for acknowledging what I of funding for this program at APHIS Mr. PLATTS. Madam Chairman, will think we all should in the last amend- to be $3.443 million, the same level that the gentleman yield? ment, that we are not giving funding, was appropriated in fiscal year 2005. Mr. WEINER. I yield to the gen- sufficient funding to this APHIS ac- The amendment I offer is important tleman from Pennsylvania. to the fruit growers both in Pennsyl- count. Now the gentleman’s amendment Mr. PLATTS. I will be glad to take a vania and across our Nation. It would more in-depth look at that amend- help to bring an end to the most sig- does not speak to plum pox because that would be legislating, so I would ment. I think we all have a shared pur- nificant and destructive virus that af- pose, but we will look at the specifics fects our stone fruit grower, plum pox. encourage the gentleman to support my amendment which we just voted on of the amendment. The virus is extremely damaging to Mr. WEINER. Madam Chairman, I fruit production. The plum pox virus is here because it would permit plum pox. That was one of the many pests on the withdraw my reservation of objection. capable of causing disease in fruits The Acting CHAIRMAN. Without ob- such as peaches, plums, apricots, nec- list that would be increased in that case. jection, the amendment is withdrawn. tarines, sweet and sour cherries. Tree But I commend the gentleman. He is There was no objection. yields can be severely affected. Some exactly right. Just like in the gentle- The Clerk will read. reports claim 80 to 100 percent pre- man’s district, in the gentleman’s The Clerk read as follows: mature fruit drop in some plum vari- State, just like in New York, just like HAZARDOUS MATERIALS MANAGEMENT eties. Infected fruit may be unsightly in Louisiana with imported fire ants, (INCLUDING TRANSFERS OF FUNDS) and difficult to sell as table fruit. Ex- just like in Texas with the Mexican port of fruit is difficult; export of For necessary expenses of the Department fruit fly, just like in California with of Agriculture, to comply with the Com- budwood and nursery stock is next to the Mediterranean fruit fly, this is an prehensive Environmental Response, Com- impossible. underfunded area. We will never get it pensation, and Liability Act (42 U.S.C. 9601 With the discovery of plum pox virus what they probably should ultimately et seq.) and the Resource Conservation and in Pennsylvania in September of 1999, a get, but at least we should give them a Recovery Act (42 U.S.C. 6901 et seq.), survey and eradication program was $15,644,000, to remain available until ex- little more, and I think the gentleman put in place. Through 5 years of survey, pended: Provided, That appropriations and is exactly right. research and control action, the pro- funds available herein to the Department for Plum pox, Asian long horn beetle, Hazardous Materials Management may be gram has been successful in both con- this is another reason why I hope all of taining and almost completely eradi- transferred to any agency of the Department my colleagues will support the amend- for its use in meeting all requirements pur- cating the virus. In fact, in 2004, for the ment that we just voted down and will suant to the above Acts on Federal and non- first time no plum pox virus was found be having a recorded vote on later. Federal lands. outside of existing quarantine areas. Mr. BONILLA. Madam Chairman, I DEPARTMENTAL ADMINISTRATION Three years of negative data in several rise in opposition the gentleman’s (INCLUDING TRANSFERS OF FUNDS) of these quarantine areas allowed the amendment. rescinding of those quarantines. After 5 For Departmental Administration, This is a very important issue, and $23,103,000, to provide for necessary expenses years of testing, no plum pox virus has we tried our best to fund it at the ap- for management support services to offices been found in the United States outside propriate level. I have had discussions of the Department and for general adminis- the remaining quarantine zone in with the gentleman about trying to tration, security, repairs and alterations, Pennsylvania. work with him as we move to con- and other miscellaneous supplies and ex- Although we have made considerable ference to attempt to increase this line penses not otherwise provided for and nec- progress, the virus is still present. As item somewhat, to address the problem essary for the practical and efficient work of the Department: Provided, That this appro- evidence of the virus’ persistence, on that the gentleman is addressing in a June 3 of this year, last week, the priation shall be reimbursed from applicable very sincere way here today. appropriations in this Act for travel ex- Pennsylvania Secretary of Agriculture Mr. PLATTS. Madam Chairman, will penses incident to the holding of hearings as announced the discovery of plum pox the gentleman yield? required by 5 U.S.C. 551–558. virus in Adams County once again. Mr. BONILLA. I yield to the gen- OFFICE OF THE ASSISTANT SECRETARY FOR Both the Pennsylvania Department of tleman from Pennsylvania. CONGRESSIONAL RELATIONS Agriculture and the United States De- Mr. PLATTS. Mr. Chairman, I cer- partment of Agriculture are currently tainly appreciate the difficult fiscal (INCLUDING TRANSFERS OF FUNDS) following the standard procedures to times we are in. The gentleman and his For necessary salaries and expenses of the survey and quarantine the area in staff have done a great job of trying to Office of the Assistant Secretary for Con- gressional Relations to carry out the pro- question. balance all the concerns, and certainly grams funded by this Act, including pro- Level fund for the plum pox virus I appreciate the gentleman’s efforts grams involving intergovernmental affairs program at APHIS will likely eradicate and his staff’s efforts to address this and liaison within the executive branch, this virus from both Pennsylvania and specific concern. I look forward to $3,821,000: Provided, That these funds may be the United States, thereby being a working with the gentleman as we go transferred to agencies of the Department of smart Federal investment. Without to conference with the Senate. In light Agriculture funded by this Act to maintain adequate funding, the plum pox virus of that effort, when we get to con- personnel at the agency level: Provided fur- program will not be able to complete ference, I will be glad withdraw the ther, That no funds made available by this an appropriate survey and the associ- appropriation may be obligated after 30 days amendment at the time and work with from the date of enactment of this Act, un- ated procedures, which in turn will the gentleman and his staff in the less the Secretary has notified the Commit- leave questions about the status of the months to come. tees on Appropriations of both Houses of virus. Eradication of the virus may not Mr. BONILLA. I thank the gen- Congress on the allocation of these funds by be completed and the possibility of tleman. USDA agency: Provided further, That no

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.064 H08PT1 H4228 CONGRESSIONAL RECORD — HOUSE June 8, 2005 other funds appropriated to the Department tion, alteration, and repair of buildings and ricultural research on improved pest control by this Act shall be available to the Depart- improvements, but unless otherwise pro- (7 U.S.C. 450i(c)), $15,038,000; for competitive ment for support of activities of congres- vided, the cost of constructing any one build- research grants (7 U.S.C. 450i(b)), $214,634,000; sional relations. ing shall not exceed $375,000, except for for the support of animal health and disease OFFICE OF COMMUNICATIONS headhouses or greenhouses which shall each programs (7 U.S.C. 3195), $5,057,000; for sup- plemental and alternative crops and prod- For necessary expenses to carry out serv- be limited to $1,200,000, and except for 10 ucts (7 U.S.C. 3319d), $1,187,000; for grants for ices relating to the coordination of programs buildings to be constructed or improved at a research pursuant to the Critical Agricul- involving public affairs, for the dissemina- cost not to exceed $750,000 each, and the cost tural Materials Act (7 U.S.C. 178 et seq.), tion of agricultural information, and the co- of altering any one building during the fiscal $1,102,000, to remain available until ex- ordination of information, work, and pro- year shall not exceed 10 percent of the cur- pended; for the 1994 research grants program grams authorized by Congress in the Depart- rent replacement value of the building or $375,000, whichever is greater: Provided fur- for 1994 institutions pursuant to section 536 ment, $9,509,000: Provided, That not to exceed of Public Law 103–382 (7 U.S.C. 301 note), $2,000,000 may be used for farmers’ bulletins. ther, That the limitations on alterations con- tained in this Act shall not apply to mod- $1,000,000, to remain available until ex- OFFICE OF THE INSPECTOR GENERAL ernization or replacement of existing facili- pended; for rangeland research grants (7 For necessary expenses of the Office of the ties at Beltsville, Maryland: Provided further, U.S.C. 3333), $1,000,000; for higher education Inspector General, including employment That appropriations hereunder shall be graduate fellowship grants (7 U.S.C. pursuant to the Inspector General Act of available for granting easements at the 3152(b)(6)), $4,500,000, to remain available 1978, $79,626,000, including such sums as may Beltsville Agricultural Research Center: Pro- until expended (7 U.S.C. 2209b); for higher be necessary for contracting and other ar- vided further, That the foregoing limitations education challenge grants (7 U.S.C. rangements with public agencies and private shall not apply to replacement of buildings 3152(b)(1)), $5,500,000; for a higher education persons pursuant to section 6(a)(9) of the In- needed to carry out the Act of April 24, 1948 multicultural scholars program (7 U.S.C. spector General Act of 1978, and including (21 U.S.C. 113a): Provided further, That funds 3152(b)(5)), $998,000, to remain available until not to exceed $125,000 for certain confidential may be received from any State, other polit- expended (7 U.S.C. 2209b); for an education operational expenses, including the payment ical sub-division, organization, or individual grants program for Hispanic-serving Institu- of informants, to be expended under the di- for the purpose of establishing or operating tions (7 U.S.C. 3241), $5,645,000; for non- rection of the Inspector General pursuant to any research facility or research project of competitive grants for the purpose of car- Public Law 95–452 and section 1337 of Public the Agricultural Research Service, as au- rying out all provisions of 7 U.S.C. 3242 (sec- Law 97–98. thorized by law: Provided further, That the tion 759 of Public Law 106–78) to individual OFFICE OF THE GENERAL COUNSEL Secretary, through the Agricultural Re- eligible institutions or consortia of eligible institutions in Alaska and in Hawaii, with For necessary expenses of the Office of the search Service, or successor, is authorized to funds awarded equally to each of the States General Counsel, $38,439,000. lease approximately 40 acres of land at the Central Plains Experiment Station, Nunn, of Alaska and Hawaii, $2,997,000; for a sec- OFFICE OF THE UNDER SECRETARY FOR Colorado, to the Board of Governors of the ondary agriculture education program and 2- RESEARCH, EDUCATION AND ECONOMICS Colorado State University System, for its year post-secondary education (7 U.S.C. For necessary salaries and expenses of the Shortgrass Steppe Biological Field Station, 3152(j)), $1,000,000; for aquaculture grants (7 Office of the Under Secretary for Research, on such terms and conditions as the Sec- U.S.C. 3322), $3,968,000; for sustainable agri- Education and Economics to administer the retary deems in the public interest: Provided culture research and education (7 U.S.C. laws enacted by the Congress for the Eco- further, That the Secretary understands that 5811), $12,400,000; for a program of capacity nomic Research Service, the National Agri- it is the intent of the University to construct building grants (7 U.S.C. 3152(b)(4)) to col- cultural Statistics Service, the Agricultural research and educational buildings on the leges eligible to receive funds under the Act Research Service, and the Cooperative State subject acreage and to conduct agricultural of August 30, 1890 (7 U.S.C. 321–326 and 328), Research, Education, and Extension Service, research and educational activities in these including Tuskegee University and West Vir- $598,000. buildings: Provided further, That as consider- ginia State University, $12,312,000, to remain ECONOMIC RESEARCH SERVICE ation for a lease, the Secretary may accept available until expended (7 U.S.C. 2209b); for For necessary expenses of the Economic the benefits of mutual cooperative research payments to the 1994 Institutions pursuant Research Service in conducting economic re- to be conducted by the Colorado State Uni- to section 534(a)(1) of Public Law 103–382, search and analysis, as authorized by the Ag- versity and the Government at the $2,250,000; for resident instruction grants for ricultural Marketing Act of 1946 (7 U.S.C. Shortgrass Steppe Biological Field Station: insular areas under section 1491 of the Na- 1621–1627) and other laws, $75,931,000. Provided further, That the term of any lease tional Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), NATIONAL AGRICULTURAL STATISTICS SERVICE shall be for no more than 20 years, but a lease may be renewed at the option of the $500,000; and for necessary expenses of Re- For necessary expenses of the National Ag- Secretary on such terms and conditions as search and Education Activities, $39,773,000, ricultural Statistics Service in conducting the Secretary deems in the public interest. of which $2,750,000 for the Research, Edu- statistical reporting and service work, in- None of the funds appropriated under this cation, and Economics Information System cluding crop and livestock estimates, statis- heading shall be available to carry out re- and $2,173,000 for the Electronic Grants Infor- tical coordination and improvements, mar- search related to the production, processing, mation System, are to remain available keting surveys, and the Census of Agri- or marketing of tobacco or tobacco products. until expended. culture, as authorized by 7 U.S.C. 1621–1627 None of the funds appropriated under this and 2204g, and other laws, $136,241,000, of BUILDINGS AND FACILITIES heading shall be available to carry out re- which up to $29,115,000 shall be available For acquisition of land, construction, re- search related to the production, processing, until expended for the Census of Agriculture. pair, improvement, extension, alteration, or marketing of tobacco or tobacco products: AGRICULTURAL RESEARCH SERVICE and purchase of fixed equipment or facilities Provided, That this paragraph shall not apply as necessary to carry out the agricultural re- to research on the medical, biotechnological, SALARIES AND EXPENSES search programs of the Department of Agri- food, and industrial uses of tobacco. For necessary expenses to enable the Agri- culture, where not otherwise provided, NATIVE AMERICAN INSTITUTIONS ENDOWMENT cultural Research Service to perform agri- $87,300,000, to remain available until ex- FUND cultural research and demonstration relating pended. to production, utilization, marketing, and For the Native American Institutions En- COOPERATIVE STATE RESEARCH, EDUCATION, distribution (not otherwise provided for); dowment Fund authorized by Public Law AND EXTENSION SERVICE home economics or nutrition and consumer 103–382 (7 U.S.C. 301 note), $12,000,000, to re- use including the acquisition, preservation, RESEARCH AND EDUCATION ACTIVITIES main available until expended. and dissemination of agricultural informa- For payments to agricultural experiment EXTENSION ACTIVITIES tion; and for acquisition of lands by dona- stations, for cooperative forestry and other For payments to States, the District of Co- tion, exchange, or purchase at a nominal research, for facilities, and for other ex- lumbia, Puerto Rico, Guam, the Virgin Is- cost not to exceed $100, and for land ex- penses, $661,691,000, as follows: to carry out lands, Micronesia, Northern Marianas, and changes where the lands exchanged shall be the provisions of the Hatch Act of 1887 (7 American Samoa, $444,871,000, as follows: of equal value or shall be equalized by a pay- U.S.C. 361a–i), $178,807,000; for grants for co- payments for cooperative extension work ment of money to the grantor which shall operative forestry research (16 U.S.C. 582a under the Smith-Lever Act, to be distributed not exceed 25 percent of the total value of through a–7), $22,255,000; for payments to the under sections 3(b) and 3(c) of said Act, and the land or interests transferred out of Fed- 1890 land-grant colleges, including Tuskegee under section 208(c) of Public Law 93–471, for eral ownership, $1,035,475,000: Provided, That University and West Virginia State Univer- retirement and employees’ compensation appropriations hereunder shall be available sity (7 U.S.C. 3222), $37,704,000, of which costs for extension agents, $275,940,000; pay- for the operation and maintenance of air- $1,507,496 shall be made available only for the ments for extension work at the 1994 Institu- craft and the purchase of not to exceed one purpose of ensuring that each institution tions under the Smith-Lever Act (7 U.S.C. for replacement only: Provided further, That shall receive no less than $1,000,000; for spe- 343(b)(3)), $3,273,000; payments for the nutri- appropriations hereunder shall be available cial grants for agricultural research (7 U.S.C. tion and family education program for low- pursuant to 7 U.S.C. 2250 for the construc- 450i(c)), $92,064,000; for special grants for ag- income areas under section 3(d) of the Act,

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.050 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4229 $62,409,000; payments for the pest manage- as authorized by law, $823,635,000, of which Fees may be collected for the cost of stand- ment program under section 3(d) of the Act, $4,140,000 shall be available for the control of ardization activities, as established by regu- $10,000,000; payments for the farm safety pro- outbreaks of insects, plant diseases, animal lation pursuant to law (31 U.S.C. 9701). gram under section 3(d) of the Act, $4,563,000; diseases and for control of pest animals and LIMITATION ON ADMINISTRATIVE EXPENSES payments for New Technologies for Ag Ex- birds to the extent necessary to meet emer- Not to exceed $65,667,000 (from fees col- tension under section 3(d) of the Act, gency conditions; of which $38,634,000 shall be lected) shall be obligated during the current $1,000,000; payments to upgrade research, ex- used for the boll weevil eradication program fiscal year for administrative expenses: Pro- tension, and teaching facilities at the 1890 for cost share purposes or for debt retire- vided, That if crop size is understated and/or land-grant colleges, including Tuskegee Uni- ment for active eradication zones; of which other uncontrollable events occur, the agen- versity and West Virginia State University, $33,340,000 shall be available for a National cy may exceed this limitation by up to 10 as authorized by section 1447 of Public Law Animal Identification program: Provided, percent with notification to the Committees 95–113 (7 U.S.C. 3222b), $16,777,000, to remain That no funds shall be used to formulate or on Appropriations of both Houses of Con- available until expended; payments for administer a brucellosis eradication program gress. youth-at-risk programs under section 3(d) of for the current fiscal year that does not re- the Smith-Lever Act, $7,978,000; for youth quire minimum matching by the States of at FUNDS FOR STRENGTHENING MARKETS, farm safety education and certification ex- least 40 percent: Provided further, That this INCOME, AND SUPPLY (SECTION 32) tension grants, to be awarded competitively appropriation shall be available for the oper- (INCLUDING TRANSFERS OF FUNDS) ation and maintenance of aircraft and the under section 3(d) of the Act, $444,000; pay- Funds available under section 32 of the Act purchase of not to exceed four, of which two ments for carrying out the provisions of the of August 24, 1935 (7 U.S.C. 612c), shall be shall be for replacement only: Provided fur- Renewable Resources Extension Act of 1978 used only for commodity program expenses ther, That, in addition, in emergencies which (16 U.S.C. 1671 et seq.), $4,060,000; payments as authorized therein, and other related op- threaten any segment of the agricultural for Indian reservation agents under section erating expenses, except for: (1) transfers to production industry of this country, the Sec- 3(d) of the Smith-Lever Act, $1,996,000; pay- the Department of Commerce as authorized retary may transfer from other appropria- ments for sustainable agriculture programs by the Fish and Wildlife Act of August 8, tions or funds available to the agencies or under section 3(d) of the Act, $4,067,000; pay- 1956; (2) transfers otherwise provided in this corporations of the Department such sums as ments for rural health and safety education Act; and (3) not more than $16,055,000 for for- as authorized by section 502(i) of Public Law may be deemed necessary, to be available only in such emergencies for the arrest and mulation and administration of marketing 92–419 (7 U.S.C. 2662(i)), $1,965,000; payments agreements and orders pursuant to the Agri- for cooperative extension work by the col- eradication of contagious or infectious dis- ease or pests of animals, poultry, or plants, cultural Marketing Agreement Act of 1937 leges receiving the benefits of the second and the Agricultural Act of 1961. Morrill Act (7 U.S.C. 321–326 and 328) and and for expenses in accordance with sections PAYMENTS TO STATES AND POSSESSIONS Tuskegee University and West Virginia 10411 and 10417 of the Animal Health Protec- State University, $33,868,000, of which tion Act (7 U.S.C. 8310 and 8316) and sections For payments to departments of agri- $1,724,884 shall be made available only for the 431 and 442 of the Plant Protection Act (7 culture, bureaus and departments of mar- purpose of ensuring that each institution U.S.C. 7751 and 7772), and any unexpended kets, and similar agencies for marketing ac- shall receive no less than $1,000,000; and for balances of funds transferred for such emer- tivities under section 204(b) of the Agricul- necessary expenses of Extension Activities, gency purposes in the preceding fiscal year tural Marketing Act of 1946 (7 U.S.C. 1623(b)), $16,531,000. shall be merged with such transferred $1,347,000. amounts: Provided further, That appropria- INTEGRATED ACTIVITIES GRAIN INSPECTION, PACKERS AND tions hereunder shall be available pursuant STOCKYARDS ADMINISTRATION For the integrated research, education, to law (7 U.S.C. 2250) for the repair and alter- and extension grants programs, including ation of leased buildings and improvements, SALARIES AND EXPENSES necessary administrative expenses, but unless otherwise provided the cost of al- For necessary expenses to carry out the $15,513,000, as follows: for a competitive tering any one building during the fiscal provisions of the United States Grain Stand- international science and education grants year shall not exceed 10 percent of the cur- ards Act, for the administration of the Pack- program authorized under section 1459A of rent replacement value of the building: ers and Stockyards Act, for certifying proce- the National Agricultural Research, Exten- In fiscal year 2006, the agency is authorized dures used to protect purchasers of farm sion, and Teaching Policy Act of 1977 (7 to collect fees to cover the total costs of pro- products, and the standardization activities U.S.C. 3292b), to remain available until ex- viding technical assistance, goods, or serv- related to grain under the Agricultural Mar- pended, $1,000,000; for grants programs au- ices requested by States, other political sub- keting Act of 1946, $38,400,000: Provided, That thorized under section 2(c)(1)(B) of Public divisions, domestic and international organi- this appropriation shall be available pursu- Law 89–106, as amended, $1,000,000, to remain zations, foreign governments, or individuals, ant to law (7 U.S.C. 2250) for the alteration available until September 30, 2007 for the provided that such fees are structured such and repair of buildings and improvements, critical issues program, and $1,513,000 for the that any entity’s liability for such fees is but the cost of altering any one building dur- regional rural development centers program; reasonably based on the technical assistance, ing the fiscal year shall not exceed 10 per- and $12,000,000 for the Food and Agriculture goods, or services provided to the entity by cent of the current replacement value of the Defense Initiative authorized under section the agency, and such fees shall be credited to building. 1484 of the National Agricultural Research, this account, to remain available until ex- LIMITATION ON INSPECTION AND WEIGHING Extension, and Teaching Act of 1977, to re- pended, without further appropriation, for SERVICES EXPENSES main available until September 30, 2007. providing such assistance, goods, or services. Not to exceed $42,463,000 (from fees col- OUTREACH FOR SOCIALLY DISADVANTAGED BUILDINGS AND FACILITIES lected) shall be obligated during the current FARMERS For plans, construction, repair, preventive fiscal year for inspection and weighing serv- For grants and contracts pursuant to sec- maintenance, environmental support, im- ices: Provided, That if grain export activities tion 2501 of the Food, Agriculture, Conserva- provement, extension, alteration, and pur- require additional supervision and oversight, tion, and Trade Act of 1990 (7 U.S.C. 2279), chase of fixed equipment or facilities, as au- or other uncontrollable factors occur, this $5,935,000, to remain available until ex- thorized by 7 U.S.C. 2250, and acquisition of limitation may be exceeded by up to 10 per- pended. land as authorized by 7 U.S.C. 428a, $4,996,000, cent with notification to the Committees on OFFICE OF THE UNDER SECRETARY FOR to remain available until expended. Appropriations of both Houses of Congress. MARKETING AND REGULATORY PROGRAMS AGRICULTURAL MARKETING SERVICE OFFICE OF THE UNDER SECRETARY FOR FOOD For necessary salaries and expenses of the MARKETING SERVICES SAFETY Office of the Under Secretary for Marketing For necessary expenses to carry out serv- For necessary salaries and expenses of the and Regulatory Programs to administer pro- ices related to consumer protection, agricul- Office of the Under Secretary for Food Safe- grams under the laws enacted by the Con- tural marketing and distribution, transpor- ty to administer the laws enacted by the gress for the Animal and Plant Health In- tation, and regulatory programs, as author- Congress for the Food Safety and Inspection spection Service; the Agricultural Marketing ized by law, and for administration and co- Service, $590,000. ordination of payments to States, $78,032,000, Service; and the Grain Inspection, Packers FOOD SAFETY AND INSPECTION SERVICE and Stockyards Administration; $724,000. including funds for the wholesale market de- SALARIES AND EXPENSES ANIMAL AND PLANT HEALTH velopment program for the design and devel- INSPECTION SERVICE opment of wholesale and farmer market fa- For necessary expenses to carry out serv- cilities for the major metropolitan areas of ices authorized by the Federal Meat Inspec- SALARIES AND EXPENSES the country: Provided, That this appropria- tion Act, the Poultry Products Inspection (INCLUDING TRANSFERS OF FUNDS) tion shall be available pursuant to law (7 Act, and the Egg Products Inspection Act, For expenses, not otherwise provided for, U.S.C. 2250) for the alteration and repair of including not to exceed $50,000 for represen- necessary to prevent, control, and eradicate buildings and improvements, but the cost of tation allowances and for expenses pursuant pests and plant and animal diseases; to carry altering any one building during the fiscal to section 8 of the Act approved August 3, out inspection, quarantine, and regulatory year shall not exceed 10 percent of the cur- 1956 (7 U.S.C. 1766), $837,264,000, of which no activities; and to protect the environment, rent replacement value of the building. less than $756,152,000 shall be available for

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.050 H08PT1 H4230 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Federal food safety inspection; and in addi- as defined in section 502 of the Congressional TITLE II tion, $1,000,000 may be credited to this ac- Budget Act of 1974, as follows: farm owner- CONSERVATION PROGRAMS count from fees collected for the cost of lab- ship loans, $16,960,000, of which $6,720,000 OFFICE OF THE UNDER SECRETARY FOR oratory accreditation as authorized by sec- shall be for guaranteed loans, and $10,240,000 NATURAL RESOURCES AND ENVIRONMENT tion 1327 of the Food, Agriculture, Conserva- shall be for direct loans; operating loans, For necessary salaries and expenses of the tion and Trade Act of 1990 (7 U.S.C. 138f): Pro- $134,317,000, of which $36,360,000 shall be for Office of the Under Secretary for Natural Re- vided, That of the total amount made avail- unsubsidized guaranteed loans, $33,282,000 sources and Environment to administer the able under this heading, no less than shall be for subsidized guaranteed loans, and laws enacted by the Congress for the Forest $20,653,000 shall be obligated for regulatory $64,675,000 shall be for direct loans; and In- Service and the Natural Resources Conserva- and scientific training: Provided further, That dian tribe land acquisition loans, $81,000. tion Service, $744,000. this appropriation shall be available pursu- In addition, for administrative expenses NATURAL RESOURCES CONSERVATION ant to law (7 U.S.C. 2250) for the alteration necessary to carry out the direct and guar- SERVICE and repair of buildings and improvements, anteed loan programs, $305,127,000, of which CONSERVATION OPERATIONS but the cost of altering any one building dur- $297,127,000 shall be transferred to and ing the fiscal year shall not exceed 10 per- merged with the appropriation for ‘‘Farm For necessary expenses for carrying out cent of the current replacement value of the Service Agency, Salaries and Expenses’’. the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of con- building. Funds appropriated by this Act to the Ag- servation plans and establishment of meas- OFFICE OF THE UNDER SECRETARY FOR FARM ricultural Credit Insurance Program Ac- ures to conserve soil and water (including AND FOREIGN AGRICULTURAL SERVICES count for farm ownership and operating di- farm irrigation and land drainage and such rect loans and guaranteed loans may be For necessary salaries and expenses of the special measures for soil and water manage- transferred among these programs: Provided, Office of the Under Secretary for Farm and ment as may be necessary to prevent floods That the Committees on Appropriations of Foreign Agricultural Services to administer and the siltation of reservoirs and to control both Houses of Congress are notified at least the laws enacted by Congress for the Farm agricultural related pollutants); operation of Service Agency, the Foreign Agricultural 15 days in advance of any transfer. conservation plant materials centers; classi- Service, the Risk Management Agency, and RISK MANAGEMENT AGENCY fication and mapping of soil; dissemination the Commodity Credit Corporation, $635,000. ADMINISTRATIVE AND OPERATING EXPENSES of information; acquisition of lands, water, FARM SERVICE AGENCY and interests therein for use in the plant ma- For administrative and operating expenses, SALARIES AND EXPENSES terials program by donation, exchange, or as authorized by section 226A of the Depart- purchase at a nominal cost not to exceed $100 (INCLUDING TRANSFERS OF FUNDS) ment of Agriculture Reorganization Act of pursuant to the Act of August 3, 1956 (7 For necessary expenses for carrying out 1994 (7 U.S.C. 6933), $77,806,000: Provided, That U.S.C. 428a); purchase and erection or alter- the administration and implementation of not to exceed $1,000 shall be available for of- ation or improvement of permanent and tem- programs administered by the Farm Service ficial reception and representation expenses, porary buildings; and operation and mainte- Agency, $1,023,738,000: Provided, That the Sec- as authorized by 7 U.S.C. 1506(i). nance of aircraft, $793,640,000, to remain retary is authorized to use the services, fa- CORPORATIONS available until March 31, 2007, of which not cilities, and authorities (but not the funds) less than $10,457,000 is for snow survey and The following corporations and agencies of the Commodity Credit Corporation to water forecasting, and not less than are hereby authorized to make expenditures, make program payments for all programs ad- $10,547,000 is for operation and establishment within the limits of funds and borrowing au- ministered by the Agency: Provided further, of the plant materials centers, and of which thority available to each such corporation or That other funds made available to the not less than $27,312,000 shall be for the graz- agency and in accord with law, and to make Agency for authorized activities may be ad- ing lands conservation initiative: Provided, contracts and commitments without regard vanced to and merged with this account. That appropriations hereunder shall be to fiscal year limitations as provided by sec- STATE MEDIATION GRANTS available pursuant to 7 U.S.C. 2250 for con- tion 104 of the Government Corporation Con- struction and improvement of buildings and For grants pursuant to section 502(b) of the trol Act as may be necessary in carrying out public improvements at plant materials cen- Agricultural Credit Act of 1987, as amended the programs set forth in the budget for the ters, except that the cost of alterations and (7 U.S.C. 5101–5106), $4,250,000. current fiscal year for such corporation or improvements to other buildings and other DAIRY INDEMNITY PROGRAM agency, except as hereinafter provided. public improvements shall not exceed (INCLUDING TRANSFER OF FUNDS) FEDERAL CROP INSURANCE CORPORATION FUND $250,000: Provided further, That when build- For necessary expenses involved in making For payments as authorized by section 516 ings or other structures are erected on non- indemnity payments to dairy farmers and of the Federal Crop Insurance Act (7 U.S.C. Federal land, that the right to use such land manufacturers of dairy products under a 1516), such sums as may be necessary, to re- is obtained as provided in 7 U.S.C. 2250a: Pro- dairy indemnity program, $100,000, to remain main available until expended. vided further, That this appropriation shall available until expended: Provided, That such be available for technical assistance and re- program is carried out by the Secretary in COMMODITY CREDIT CORPORATION FUND lated expenses to carry out programs author- the same manner as the dairy indemnity pro- REIMBURSEMENT FOR NET REALIZED LOSSES ized by section 202(c) of title II of the Colo- gram described in the Agriculture, Rural De- rado River Basin Salinity Control Act of 1974 velopment, Food and Drug Administration, For the current fiscal year, such sums as may be necessary to reimburse the Com- (43 U.S.C. 1592(c)): Provided further, That and Related Agencies Appropriations Act, qualified local engineers may be temporarily 2001 (Public Law 106–387, 114 Stat. 1549A–12). modity Credit Corporation for net realized losses sustained, but not previously reim- employed at per diem rates to perform the AGRICULTURAL CREDIT INSURANCE FUND bursed, pursuant to section 2 of the Act of technical planning work of the Service. PROGRAM ACCOUNT August 17, 1961 (15 U.S.C. 713a–11): Provided, WATERSHED SURVEYS AND PLANNING (INCLUDING TRANSFERS OF FUNDS) That of the funds available to the Com- For necessary expenses to conduct re- For gross obligations for the principal modity Credit Corporation under section 11 search, investigation, and surveys of water- amount of direct and guaranteed farm own- of the Commodity Credit Corporation Char- sheds of rivers and other waterways, and for ership (7 U.S.C. 1922 et seq.) and operating (7 ter Act (15 U.S.C. 714i) for the conduct of its small watershed investigations and planning, U.S.C. 1941 et seq.) loans, Indian tribe land business with the Foreign Agricultural Serv- in accordance with the Watershed Protection acquisition loans (25 U.S.C. 488), and boll ice, up to $5,000,000 may be transferred to and and Flood Prevention Act (16 U.S.C. 1001– weevil loans (7 U.S.C. 1989), to be available used by the Foreign Agricultural Service for 1009), $7,026,000. from funds in the Agricultural Credit Insur- information resource management activities WATERSHED AND FLOOD PREVENTION ance Fund, as follows: farm ownership loans, of the Foreign Agricultural Service that are OPERATIONS $1,600,000,000, of which $1,400,000,000 shall be not related to Commodity Credit Corpora- For necessary expenses to carry out pre- for guaranteed loans and $200,000,000 shall be tion business. ventive measures, including but not limited for direct loans; operating loans, HAZARDOUS WASTE MANAGEMENT to research, engineering operations, methods $2,116,256,000, of which $1,200,000,000 shall be of cultivation, the growing of vegetation, re- for unsubsidized guaranteed loans, (LIMITATION ON EXPENSES) habilitation of existing works and changes in $266,256,000 shall be for subsidized guaranteed For the current fiscal year, the Commodity use of land, in accordance with the Water- loans and $650,000,000 shall be for direct Credit Corporation shall not expend more shed Protection and Flood Prevention Act loans; Indian tribe land acquisition loans, than $5,000,000 for site investigation and (16 U.S.C. 1001–1005 and 1007–1009), the provi- $2,020,000; and for boll weevil eradication pro- cleanup expenses, and operations and main- sions of the Act of April 27, 1935 (16 U.S.C. gram loans, $100,000,000: Provided, That the tenance expenses to comply with the require- 590a–f), and in accordance with the provi- Secretary shall deem the pink bollworm to ment of section 107(g) of the Comprehensive sions of laws relating to the activities of the be a boll weevil for the purpose of boll weevil Environmental Response, Compensation, and Department, $60,000,000, to remain available eradication program loans. Liability Act (42 U.S.C. 9607(g)), and section until expended; of which up to $10,000,000 For the cost of direct and guaranteed 6001 of the Resource Conservation and Recov- may be available for the watersheds author- loans, including the cost of modifying loans ery Act (42 U.S.C. 6961). ized under the Flood Control Act (33 U.S.C.

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.050 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4231 701 and 16 U.S.C. 1006a): Provided, That not to munity facilities grants to tribal colleges, as notwithstanding any other provision of law, exceed $25,000,000 of this appropriation shall authorized by section 306(a)(19) of the Con- funds appropriated under this section may be be available for technical assistance: Pro- solidated Farm and Rural Development Act, used for advertising and promotional activi- vided further, That not to exceed $1,000,000 of and of which $250,000 shall be available for a ties that support the Rural Development this appropriation is available to carry out grant to a qualified national organization to mission area: Provided further, That not more the purposes of the Endangered Species Act provide technical assistance for rural trans- than $10,000 may be expended to provide of 1973 (Public Law 93–205), including cooper- portation in order to promote economic de- modest nonmonetary awards to non-USDA ative efforts as contemplated by that Act to velopment: Provided further, That of the employees: Provided further, That any bal- relocate endangered or threatened species to amount appropriated for rural community ances available from prior years for the other suitable habitats as may be necessary programs, $6,200,000 shall be available for a Rural Utilities Service, Rural Housing Serv- to expedite project construction. Rural Community Development Initiative: ice, and the Rural Business-Cooperative WATERSHED REHABILITATION PROGRAM Provided further, That such funds shall be Service salaries and expenses accounts shall used solely to develop the capacity and abil- For necessary expenses to carry out reha- be transferred to and merged with this ap- ity of private, nonprofit community-based bilitation of structural measures, in accord- propriation. housing and community development organi- RURAL HOUSING SERVICE ance with section 14 of the Watershed Pro- zations, low-income rural communities, and tection and Flood Prevention Act (16 U.S.C. Federally Recognized Native American RURAL HOUSING INSURANCE FUND PROGRAM 1012), and in accordance with the provisions Tribes to undertake projects to improve ACCOUNT of laws relating to the activities of the De- housing, community facilities, community (INCLUDING TRANSFERS OF FUNDS) partment, $27,000,000, to remain available and economic development projects in rural For gross obligations for the principal until expended. areas: Provided further, That such funds shall amount of direct and guaranteed loans as au- RESOURCE CONSERVATION AND DEVELOPMENT be made available to qualified private, non- thorized by title V of the Housing Act of For necessary expenses in planning and profit and public intermediary organizations 1949, to be available from funds in the rural carrying out projects for resource conserva- proposing to carry out a program of financial housing insurance fund, as follows: tion and development and for sound land use and technical assistance: Provided further, $4,821,832,000 for loans to section 502 bor- pursuant to the provisions of sections 31 and That such intermediary organizations shall rowers, as determined by the Secretary, of 32 of the Bankhead-Jones Farm Tenant Act provide matching funds from other sources, which $1,140,799,000 shall be for direct loans, (7 U.S.C. 1010–1011; 76 Stat. 607); the Act of including Federal funds for related activi- and of which $3,681,033,000 shall be for unsub- April 27, 1935 (16 U.S.C. 590a–f); and subtitle H ties, in an amount not less than funds pro- sidized guaranteed loans; $35,969,000 for sec- of title XV of the Agriculture and Food Act vided: Provided further, That of the amount tion 504 housing repair loans; $100,000,000 for of 1981 (16 U.S.C. 3451–3461), $51,360,000, to re- appropriated for the rural business and coop- section 515 rental housing; $100,000,000 for main available until expended: Provided, erative development programs, not to exceed section 538 guaranteed multi-family housing That the Secretary shall enter into a cooper- $500,000 shall be made available for a grant to loans; $5,000,000 for section 524 site loans; ative or contribution agreement, within 45 a qualified national organization to provide $11,500,000 for credit sales of acquired prop- days of enactment of this Act, with a na- technical assistance for rural transportation erty, of which up to $1,500,000 may be for tional association regarding a Resource Con- in order to promote economic development; multi-family credit sales; and $5,048,000 for servation and Development program and $1,000,000 shall be for grants to the Delta Re- section 523 self-help housing land develop- such agreement shall contain the same gional Authority (7 U.S.C. 1921 et seq.) for ment loans. matching, contribution requirements, and any purpose under this heading: Provided fur- For the cost of direct and guaranteed funding level, set forth in a similar coopera- ther, That of the amount appropriated for loans, including the cost of modifying loans, tive or contribution agreement with a na- rural utilities programs, not to exceed as defined in section 502 of the Congressional tional association in fiscal year 2002: Pro- $25,000,000 shall be for water and waste dis- Budget Act of 1974, as follows: section 502 vided further, That not to exceed $3,411,000 posal systems to benefit the Colonias along loans, $170,837,000, of which $129,937,000 shall shall be available for national headquarters the United States/Mexico border, including be for direct loans, and of which $40,900,000, activities. grants pursuant to section 306C of such Act; to remain available until expended, shall be TITLE III not to exceed $17,500,000 shall be for tech- for unsubsidized guaranteed loans; section nical assistance grants for rural water and RURAL DEVELOPMENT PROGRAMS 504 housing repair loans, $10,521,000; section waste systems pursuant to section 306(a)(14) 515 rental housing, $45,880,000; section 538 OFFICE OF THE UNDER SECRETARY FOR RURAL of such Act, unless the Secretary makes a multi-family housing guaranteed loans, DEVELOPMENT determination of extreme need, of which $5,420,000; multi-family credit sales of ac- For necessary salaries and expenses of the $5,600,000 shall be for Rural Community As- quired property, $681,000; and section 523 self- Office of the Under Secretary for Rural De- sistance Programs; and not to exceed help housing and development loans, $52,000: velopment to administer programs under the $14,000,000 shall be for contracting with Provided, That of the total amount appro- laws enacted by the Congress for the Rural qualified national organizations for a circuit priated in this paragraph, $2,500,000 shall be Housing Service, the Rural Business-Cooper- rider program to provide technical assist- available through June 30, 2006, for author- ative Service, and the Rural Utilities Service ance for rural water systems: Provided fur- ized empowerment zones and enterprise com- of the Department of Agriculture, $627,000. ther, That of the total amount appropriated, munities and communities designated by the RURAL COMMUNITY ADVANCEMENT PROGRAM not to exceed $21,367,000 shall be available Secretary of Agriculture as Rural Economic through June 30, 2006, for authorized em- (INCLUDING TRANSFERS OF FUNDS) Area Partnership Zones. powerment zones and enterprise commu- In addition, for administrative expenses For the cost of direct loans, loan guaran- nities and communities designated by the necessary to carry out the direct and guar- tees, and grants, as authorized by 7 U.S.C. Secretary of Agriculture as Rural Economic anteed loan programs, $455,242,000, which 1926, 1926a, 1926c, 1926d, and 1932, except for Area Partnership Zones; of which $1,067,000 shall be transferred to and merged with the sections 381E–H and 381N of the Consolidated shall be for the rural community programs appropriation for ‘‘Rural Development, Sala- Farm and Rural Development Act, described in section 381E(d)(1) of such Act, of ries and Expenses’’. $657,389,000, to remain available until ex- which $12,000,000 shall be for the rural utili- RENTAL ASSISTANCE PROGRAM pended, of which $38,006,000 shall be for rural ties programs described in section 381E(d)(2) community programs described in section of such Act, and of which $8,300,000 shall be For rental assistance agreements entered 381E(d)(1) of such Act; of which $531,162,000 for the rural business and cooperative devel- into or renewed pursuant to the authority shall be for the rural utilities programs de- opment programs described in section under section 521(a)(2) or agreements entered scribed in sections 381E(d)(2), 306C(a)(2), and 381E(d)(3) of such Act: Provided further, That into in lieu of debt forgiveness or payments 306D of such Act, of which not to exceed any prior year balances for high cost energy for eligible households as authorized by sec- $500,000 shall be available for the rural utili- grants authorized by section 19 of the Rural tion 502(c)(5)(D) of the Housing Act of 1949, ties program described in section 306(a)(2)(B) Electrification Act of 1936 (7 U.S.C. 901(19)) $650,026,000; and, in addition, such sums as of such Act, and of which not to exceed shall be transferred to and merged with the may be necessary, as authorized by section $1,000,000 shall be available for the rural util- ‘‘Rural Utilities Service, High Energy Costs 521(c) of the Act, to liquidate debt incurred ities program described in section 306E of Grants Account’’. prior to fiscal year 1992 to carry out the rent- such Act; and of which $88,221,000 shall be for al assistance program under section 521(a)(2) RURAL DEVELOPMENT the rural business and cooperative develop- of the Act: Provided, That of this amount, ment programs described in sections SALARIES AND EXPENSES $5,900,000 shall be available for debt forgive- 381E(d)(3) and 310B(f) of such Act: Provided, (INCLUDING TRANSFERS OF FUNDS) ness or payments for eligible households as That of the total amount appropriated in For necessary expenses for carrying out authorized by section 502(c)(5)(D) of the Act, this account, $24,000,000 shall be for loans and the administration and implementation of and not to exceed $20,000 per project for ad- grants to benefit Federally Recognized Na- programs in the Rural Development mission vances to non-profit organizations or public tive American Tribes, including grants for area, including activities with institutions agencies to cover direct costs (other than drinking water and waste disposal systems concerning the development and operation of purchase price) incurred in purchasing pursuant to section 306C of such Act, of agricultural cooperatives; and for coopera- projects pursuant to section 502(c)(5)(C) of which $4,000,000 shall be available for com- tive agreements; $152,623,000: Provided, That the Act: Provided further, That agreements

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.050 H08PT1 H4232 CONGRESSIONAL RECORD — HOUSE June 8, 2005 entered into or renewed during the current 502 of the Congressional Budget Act of 1974, telecommunications loans, $212,000: Provided, fiscal year shall be funded for a four-year pe- $4,993,000, to remain available until ex- That notwithstanding section 305(d)(2) of the riod: Provided further, That any unexpended pended. Rural Electrification Act of 1936, borrower balances remaining at the end of such four- Of the funds derived from interest on the interest rates may exceed 7 percent per year. year agreements may be transferred and cushion of credit payments in the current In addition, for administrative expenses used for the purposes of any debt reduction; fiscal year, as authorized by section 313 of necessary to carry out the direct and guar- maintenance, repair, or rehabilitation of any the Rural Electrification Act of 1936, anteed loan programs, $38,907,000 which shall existing projects; preservation; and rental $18,877,000 shall not be obligated and be transferred to and merged with the appro- assistance activities authorized under title V $18,877,000 are rescinded. priation for ‘‘Rural Development, Salaries of the Act. RURAL COOPERATIVE DEVELOPMENT GRANTS and Expenses’’. MUTUAL AND SELF-HELP HOUSING GRANTS For rural cooperative development grants RURAL TELEPHONE BANK PROGRAM ACCOUNT For grants and contracts pursuant to sec- authorized under section 310B(e) of the Con- (INCLUDING TRANSFER OF FUNDS) tion 523(b)(1)(A) of the Housing Act of 1949 (42 solidated Farm and Rural Development Act The Rural Telephone Bank is hereby au- U.S.C. 1490c), $34,000,000, to remain available (7 U.S.C. 1932), $24,000,000, of which $500,000 thorized to make such expenditures, within until expended: Provided, That of the total shall be for cooperative research agreements; the limits of funds available to such corpora- amount appropriated, $1,000,000 shall be and of which $2,500,000 shall be for coopera- tion in accord with law, and to make such available through June 30, 2006, for author- tive agreements for the appropriate tech- contracts and commitments without regard ized empowerment zones and enterprise com- nology transfer for rural areas program: Pro- to fiscal year limitations as provided by sec- munities and communities designated by the vided, That not to exceed $1,000,000 shall be tion 104 of the Government Corporation Con- Secretary of Agriculture as Rural Economic for cooperatives or associations of coopera- trol Act, as may be necessary in carrying out Area Partnership Zones. tives whose primary focus is to provide as- its authorized programs. RURAL HOUSING ASSISTANCE GRANTS sistance to small, minority producers and For administrative expenses, including au- For grants and contracts for very low-in- whose governing board and/or membership is dits, necessary to continue to service exist- come housing repair, supervisory and tech- comprised of at least 75 percent minority; ing loans, $2,500,000, which shall be trans- nical assistance, compensation for construc- and of which not to exceed $15,500,000, to re- ferred to and merged with the appropriation tion defects, and rural housing preservation main available until expended, shall be for for ‘‘Rural Development, Salaries and Ex- made by the Rural Housing Service, as au- value-added agricultural product market de- penses’’. thorized by 42 U.S.C. 1474, 1479(c), 1490e, and velopment grants, as authorized by section Of the unobligated balances from the Rural 1490m, $41,000,000, to remain available until 6401 of the Farm Security and Rural Invest- Telephone Bank Liquidating Account, expended: Provided, That of the total amount ment Act of 2002 (7 U.S.C. 1621 note). $2,500,000 shall not be obligated and $2,500,000 appropriated, $1,200,000 shall be available RURAL EMPOWERMENT ZONES AND ENTERPRISE are rescinded. through June 30, 2006, for authorized em- COMMUNITY GRANTS DISTANCE LEARNING, TELEMEDICINE, AND powerment zones and enterprise commu- For grants in connection with second and BROADBAND PROGRAM nities and communities designated by the third rounds of empowerment zones and en- For the principal amount of direct distance Secretary of Agriculture as Rural Economic terprise communities, $10,000,000, to remain learning and telemedicine loans, $50,000,000; Area Partnership Zones. available until expended, for designated and for the principal amount of direct FARM LABOR PROGRAM ACCOUNT rural empowerment zones and rural enter- broadband telecommunication loans, For the cost of direct loans, grants, and prise communities, as authorized by the Tax- $463,860,000. contracts, as authorized by 42 U.S.C. 1484 and payer Relief Act of 1997 and the Omnibus For the cost of direct loans and grants for 1486, $32,728,000, to remain available until ex- Consolidated and Emergency Supplemental telemedicine and distance learning services pended, for direct farm labor housing loans Appropriations Act, 1999 (Public Law 105– in rural areas, as authorized by 7 U.S.C. and domestic farm labor housing grants and 277): Provided, That of the funds appro- 950aaa et seq., $25,750,000, to remain available contracts. priated, $1,000,000 shall be made available to until expended, of which $750,000 shall be for RURAL BUSINESS-COOPERATIVE third round empowerment zones, as author- direct loans: Provided, That the cost of direct SERVICE ized by the Community Renewal Tax Relief loans shall be as defined in section 502 of the Act (Public Law 106–554). RURAL DEVELOPMENT LOAN FUND PROGRAM Congressional Budget Act of 1974. ACCOUNT RENEWABLE ENERGY PROGRAM For the cost of broadband loans, as author- ized by 7 U.S.C. 901 et seq., $9,973,000, to re- (INCLUDING TRANSFER OF FUNDS) For the cost of a program of direct loans, loan guarantees, and grants, under the same main available until expended: Provided, For the principal amount of direct loans, That the interest rate for such loans shall be as authorized by the Rural Development terms and conditions as authorized by sec- tion 9006 of the Farm Security and Rural In- the cost of borrowing to the Department of Loan Fund (42 U.S.C. 9812(a)), $34,212,000. the Treasury for obligations of comparable For the cost of direct loans, $14,718,000, as vestment Act of 2002 (7 U.S.C. 8106), maturity: Provided further, That the cost of authorized by the Rural Development Loan $23,000,000 for direct and guaranteed renew- direct loans shall be as defined in section 502 Fund (42 U.S.C. 9812(a)), of which $1,724,000 able energy loans and grants: Provided, That of the Congressional Budget Act of 1974. shall be available through June 30, 2006, for the cost of direct loans and loan guarantees, In addition, $9,000,000, to remain available Federally Recognized Native American including the cost of modifying such loans, until expended, for a grant program to fi- Tribes and of which $3,449,000 shall be avail- shall be as defined in section 502 of the Con- nance broadband transmission in rural areas able through June 30, 2006, for the Delta Re- gressional Budget Act of 1974. eligible for Distance Learning and Telemedi- gional Authority (7 U.S.C. 1921 et seq.): RURAL ELECTRIFICATION AND Pro- cine Program benefits authorized by 7 U.S.C. , That such costs, including the cost of TELECOMMUNICATIONS vided 950aaa. modifying such loans, shall be as defined in LOANS PROGRAM ACCOUNT TITLE IV section 502 of the Congressional Budget Act (INCLUDING TRANSFER OF FUNDS) of 1974: Provided further, That of the total DOMESTIC FOOD PROGRAMS Insured loans pursuant to the authority of amount appropriated, $887,000 shall be avail- section 305 of the Rural Electrification Act OFFICE OF THE UNDER SECRETARY FOR FOOD, able through June 30, 2006, for the cost of di- of 1936 (7 U.S.C. 935) shall be made as follows: NUTRITION AND CONSUMER SERVICES rect loans for authorized empowerment zones 5 percent rural electrification loans, For necessary salaries and expenses of the and enterprise communities and commu- $100,000,000; municipal rate rural electric Office of the Under Secretary for Food, Nu- nities designated by the Secretary of Agri- loans, $100,000,000; loans made pursuant to trition and Consumer Services to administer culture as Rural Economic Area Partnership section 306 of that Act, rural electric, the laws enacted by the Congress for the Zones. $2,100,000,000; Treasury rate direct electric Food and Nutrition Service, $599,000. In addition, for administrative expenses to loans, $1,000,000,000; guaranteed under-writ- carry out the direct loan programs, $4,719,000 FOOD AND NUTRITION SERVICE ing loans pursuant to section 313A, shall be transferred to and merged with the CHILD NUTRITION PROGRAMS $1,000,000,000; 5 percent rural telecommuni- appropriation for ‘‘Rural Development, Sala- cations loans, $145,000,000; cost of money (INCLUDING TRANSFERS OF FUNDS) ries and Expenses’’. rural telecommunications loans, $424,000,000; For necessary expenses to carry out the RURAL ECONOMIC DEVELOPMENT LOANS and for loans made pursuant to section 306 of National School Lunch Act (42 U.S.C. 1751 et PROGRAM ACCOUNT that Act, rural telecommunications loans, seq.), except section 21, and the Child Nutri- (INCLUDING RESCISSION OF FUNDS) $125,000,000. tion Act of 1966 (42 U.S.C. 1771 et seq.), except For the principal amount of direct loans, For the cost, as defined in section 502 of sections 17 and 21; $12,412,027,000, to remain as authorized under section 313 of the Rural the Congressional Budget Act of 1974, includ- available through September 30, 2007, of Electrification Act, for the purpose of pro- ing the cost of modifying loans, of direct and which $7,224,406,000 is hereby appropriated moting rural economic development and job guaranteed loans authorized by sections 305 and $5,187,621,000 shall be derived by transfer creation projects, $25,003,000. and 306 of the Rural Electrification Act of from funds available under section 32 of the For the cost of direct loans, including the 1936 (7 U.S.C. 935 and 936), as follows: cost of Act of August 24, 1935 (7 U.S.C. 612c): Pro- cost of modifying loans as defined in section rural electric loans, $6,160,000, and the cost of vided, That none of the funds made available

VerDate jul 14 2003 04:01 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.050 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4233 under this heading shall be used for studies mental food program as authorized by sec- line 9 of H.R. 2744, the Agricultural, and evaluations: Provided further, That up to tion 4(a) of the Agriculture and Consumer Rural Development, Food and Drug Ad- $5,235,000 shall be available for independent Protection Act of 1973 (7 U.S.C. 612c note); ministration, and Related Agencies for verification of school food service claims. the Emergency Food Assistance Act of 1983; the fiscal year ending September 30, special assistance (in a form determined by SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 2006, and for other purposes. FOR WOMEN, INFANTS, AND CHILDREN (WIC) the Secretary of Agriculture) for the nuclear For necessary expenses to carry out the affected islands, as authorized by section I make a point of order against the special supplemental nutrition program as 103(f)(2) of the Compact of Free Association provision that begins with the colon on authorized by section 17 of the Child Nutri- Amendments Act of 2003 (Public Law 108– page 54, line 4 through ‘‘overseas’’ on tion Act of 1966 (42 U.S.C. 1786), $5,257,000,000, 188); and the Farmers’ Market Nutrition Pro- line 9 in that it violates House rule to remain available through September 30, gram, as authorized by section 17(m) of the XXI, clause 2 by changing existing law 2007: Provided, That of the total amount Child Nutrition Act of 1966, $178,797,000, to re- and inserting legislative language in an main available through September 30, 2007: available, the Secretary shall obligate not appropriations bill. less than $15,000,000 for a breastfeeding sup- Provided, That none of these funds shall be port initiative in addition to the activities available to reimburse the Commodity Cred- The Acting CHAIRMAN. Does any specified in section 17(h)(3)(A): Provided fur- it Corporation for commodities donated to Member wish to be heard on the point ther, That only the provisions of section the program: Provided further, That notwith- of order? If not, the Chair will rule. 17(h)(10)(B)(i) shall be effective in 2006; in- standing any other provision of law, effective The Chair finds that this provision cluding $14,000,000 for the purposes specified with funds made available in fiscal year 2006 includes language conferring author- in section 17(h)(10)(B)(i): Provided further, to support the Senior Farmers’ Market Nu- ity. The provision, therefore, con- That none of the funds made available under trition Program, as authorized by section this heading shall be used for studies and 4402 of Public Law 107–171, such funds shall stitutes legislation in violation of evaluations: Provided further, That none of remain available through September 30, 2007. clause 2 of rule XXI. The point of order the funds in this Act shall be available to NUTRITION PROGRAMS ADMINISTRATION is sustained, and the provision is pay administrative expenses of WIC clinics stricken from the bill. For necessary administrative expenses of except those that have an announced policy the domestic nutrition assistance programs The Acting CHAIRMAN. The Clerk of prohibiting smoking within the space used funded under this Act, $140,761,000. will read. to carry out the program: Provided further, That none of the funds provided in this ac- TITLE V The Clerk read as follows: count shall be available for the purchase of FOREIGN AGRICULTURAL SERVICE In addition, for administrative expenses to carry out the credit program of title I, Pub- infant formula except in accordance with the SALARIES AND EXPENSES cost containment and competitive bidding lic Law 83–480, and the Food for Progress Act (INCLUDING TRANSFERS OF FUNDS) requirements specified in section 17 of such of 1985, to the extent funds appropriated for Act: Provided further, That on or after Octo- For necessary expenses of the Foreign Ag- Public Law 83–480 are utilized, $3,385,000, of ber 1, 2005, or the date of enactment of this ricultural Service, including carrying out which $168,000 may be transferred to and act, whichever is later, any individual seek- title VI of the Agricultural Act of 1954 (7 merged with the appropriation for ‘‘Foreign ing certification or recertification for bene- U.S.C. 1761–1768), market development activi- Agricultural Service, Salaries and Ex- fits under the income eligibility provisions ties abroad, and for enabling the Secretary penses’’, and of which $3,217,000 may be of section 17(d)(2)(iii) of the Child Nutrition to coordinate and integrate activities of the transferred to and merged with the appro- Act of 1966 shall meet such eligibility re- Department in connection with foreign agri- priation for ‘‘Farm Service Agency, Salaries quirements only if the income, as deter- cultural work, including not to exceed and Expenses’’. mined under title XIX of the Social Security $158,000 for representation allowances and for PUBLIC LAW 480 TITLE I OCEAN FREIGHT Act, of the individual or the family of which expenses pursuant to section 8 of the Act ap- DIFFERENTIAL GRANTS the individual is a member is less than 250 proved August 3, 1956 (7 U.S.C. 1766), (INCLUDING TRANSFER OF FUNDS) percent of the applicable nonfarm income $148,224,000: Provided, That the Service may poverty guideline: Provided further, That utilize advances of funds, or reimburse this For ocean freight differential costs for the none of the funds provided shall be available appropriation for expenditures made on be- shipment of agricultural commodities under for activities that are not fully reimbursed half of Federal agencies, public and private title I of the Agricultural Trade Develop- by other Federal Government departments organizations and institutions under agree- ment and Assistance Act of 1954 and under or agencies unless authorized by section 17 of ments executed pursuant to the agricultural the Food for Progress Act of 1985, $11,940,000, such Act. food production assistance programs (7 to remain available until expended: Provided, FOOD STAMP PROGRAM U.S.C. 1737) and the foreign assistance pro- That funds made available for the cost of For necessary expenses to carry out the grams of the United States Agency for Inter- agreements under title I of the Agricultural Food Stamp Act (7 U.S.C. 2011 et seq.), national Development. Trade Development and Assistance Act of 1954 and for title I ocean freight differential $40,711,395,000, of which $3,000,000,000 to re- PUBLIC LAW 480 TITLE I DIRECT CREDIT AND may be used interchangeably between the main available through September 30, 2007, FOOD FOR PROGRESS PROGRAM ACCOUNT two accounts with prior notice to the Com- shall be placed in reserve for use only in such (INCLUDING TRANSFERS OF FUNDS) amounts and at such times as may become mittees on Appropriations of both Houses of For the cost, as defined in section 502 of necessary to carry out program operations: Congress. the Congressional Budget Act of 1974, of Provided, That none of the funds made avail- PUBLIC LAW 480 TITLE II GRANTS agreements under the Agricultural Trade De- able under this heading shall be used for velopment and Assistance Act of 1954, and For expenses during the current fiscal studies and evaluations: Provided further, the Food for Progress Act of 1985, including year, not otherwise recoverable, and unre- That funds provided herein shall be expended the cost of modifying credit arrangements covered prior years’ costs, including interest in accordance with section 16 of the Food under said Acts, $65,040,000, to remain avail- thereon, under the Agricultural Trade Devel- Stamp Act: Provided further, That this appro- able until expended: Provided, That the Sec- opment and Assistance Act of 1954, for com- priation shall be subject to any work reg- retary of Agriculture may implement a com- modities supplied in connection with disposi- istration or workfare requirements as may modity monetization program under existing tions abroad under title II of said Act, be required by law: Provided further, That provisions of the Food for Progress Act of $1,107,094,000, to remain available until ex- funds made available for Employment and 1985 to provide no less than $5,000,000 in pended. Training under this heading shall remain local-currency funding support for rural available until expended, as authorized by COMMODITY CREDIT CORPORATION EXPORT electrification development overseas. section 16(h)(1) of the Food Stamp Act: Pro- LOANS PROGRAM ACCOUNT vided further, That notwithstanding section b 1345 (INCLUDING TRANSFERS OF FUNDS) 5(d) of the Food Stamp Act of 1977, any addi- For administrative expenses to carry out POINT OF ORDER tional payment received under chapter 5 of the Commodity Credit Corporation’s export title 37, United States Code, by a member of Mr. GOODLATTE. Madam Chairman, guarantee program, GSM 102 and GSM 103, the United States Armed Forces deployed to I raise a point of order. $5,279,000; to cover common overhead ex- a designated combat zone shall be excluded The Acting CHAIRMAN (Mrs. penses as permitted by section 11 of the Com- from household income for the duration of CAPITO). The gentleman will state his modity Credit Corporation Charter Act and the member’s deployment if the additional point of order. in conformity with the Federal Credit Re- pay is the result of deployment to or while form Act of 1990, of which $3,440,000 may be serving in a combat zone, and it was not re- Mr. GOODLATTE. Madam Chairman, I make a point of order to the provision transferred to and merged with the appro- ceived immediately prior to serving in the priation for ‘‘Foreign Agricultural Service, combat zone. in title V Public Law 480 title I Direct Salaries and Expenses’’, and of which COMMODITY ASSISTANCE PROGRAM Credit and Food for Progress Program $1,839,000 may be transferred to and merged For necessary expenses to carry out dis- Account, that begins with the colon on with the appropriation for ‘‘Farm Service aster assistance and the commodity supple- page 54, line 4 through ‘‘overseas’’ on Agency, Salaries and Expenses’’.

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.050 H08PT1 H4234 CONGRESSIONAL RECORD — HOUSE June 8, 2005

MCGOVERN-DOLE INTERNATIONAL FOOD FOR and central services for these offices: Pro- gency conditions, information technology in- EDUCATION AND CHILD NUTRITION PROGRAM vided further, That of the funds provided frastructure, fruit fly program, emerging GRANTS herein for other activities, $5,853,000 may not plant pests, boll weevil program, up to For necessary expenses to carry out the be obligated until the Commissioner or Act- $8,000,000 in the low pathogen avian influenza provisions of section 3107 of the Farm Secu- ing Commissioner has presented public testi- program for indemnities, up to $1,500,000 in rity and Rural Investment Act of 2002 (7 mony on the President’s 2006 budget request the scrapie program for indemnities, up to U.S.C. 1736o–1), $100,000,000, to remain avail- before the Committee on Appropriations of $33,340,000 in animal health monitoring and able until expended: Provided, That the Com- the House of Representatives: Provided fur- surveillance for the animal identification modity Credit Corporation is authorized to ther, That funds may be transferred from one system, up to $3,009,000 in the emergency provide the services, facilities, and authori- specified activity to another with the prior management systems program for the vac- ties for the purpose of implementing such approval of the Committees on Appropria- cine bank, up to $1,000,000 of the wildlife section, subject to reimbursement from tions of both Houses of Congress. services operations program for aviation amounts provided herein. In addition, mammography user fees au- safety, and up to 25 percent of the thorized by 42 U.S.C. 263b may be credited to screwworm program; Food Safety and In- TITLE VI this account, to remain available until ex- spection Service, field automation and infor- FOOD AND DRUG ADMINISTRATION pended. mation management project; Cooperative SALARIES AND EXPENSES In addition, export certification user fees State Research, Education, and Extension For necessary expenses of the Food and authorized by 21 U.S.C. 381 may be credited Service, funds for competitive research Drug Administration, including hire and pur- to this account, to remain available until ex- grants (7 U.S.C. 450i(b)); Farm Service Agen- chase of passenger motor vehicles; for pay- pended. cy, salaries and expenses funds made avail- able to county committees; Foreign Agricul- ment of space rental and related costs pursu- BUILDINGS AND FACILITIES ant to Public Law 92–313 for programs and tural Service, middle-income country train- For plans, construction, repair, improve- ing program, and up to $1,565,000 of the For- activities of the Food and Drug Administra- ment, extension, alteration, and purchase of tion which are included in this Act; for rent- eign Agricultural Service appropriation sole- fixed equipment or facilities of or used by ly for the purpose of offsetting fluctuations al of special purpose space in the District of the Food and Drug Administration, where Columbia or elsewhere; for miscellaneous in international currency exchange rates, not otherwise provided, $5,000,000 to remain subject to documentation by the Foreign Ag- and emergency expenses of enforcement ac- available until expended. tivities, authorized and approved by the Sec- ricultural Service. INDEPENDENT AGENCIES SEC. 705. The Secretary of Agriculture may retary and to be accounted for solely on the transfer unobligated balances of discre- Secretary’s certificate, not to exceed $25,000; COMMODITY FUTURE TRADING COMMISSION tionary funds appropriated by this Act or and notwithstanding section 521 of Public For necessary expenses to carry out the other available unobligated discretionary Law 107–188; $1,837,928,000: Provided, That of provisions of the Commodity Exchange Act balances of the Department of Agriculture to the amount provided under this heading, (7 U.S.C. 1 et seq.), including the purchase the Working Capital Fund for the acquisition $305,332,000 shall be derived from prescription and hire of passenger motor vehicles, and the of plant and capital equipment necessary for drug user fees authorized by 21 U.S.C. 379h, rental of space (to include multiple year the delivery of financial, administrative, and shall be credited to this account and remain leases) in the District of Columbia and else- information technology services of primary available until expended, and shall not in- where, $98,386,000, including not to exceed benefit to the agencies of the Department of clude any fees pursuant to 21 U.S.C. $3,000 for official reception and representa- Agriculture: Provided, That none of the funds 379h(a)(2) and (a)(3) assessed for fiscal year tion expenses. made available by this Act or any other Act 2007 but collected in fiscal year 2006; FARM CREDIT ADMINISTRATION shall be transferred to the Working Capital $40,300,000 shall be derived from medical de- LIMITATION ON ADMINISTRATIVE EXPENSES Fund without the prior approval of the agen- vice user fees authorized by 21 U.S.C. 379j, cy administrator: Provided further, That none and shall be credited to this account and re- Not to exceed $44,250,000 (from assessments of the funds transferred to the Working Cap- main available until expended; and $11,318,000 collected from farm credit institutions and ital Fund pursuant to this section shall be shall be derived from animal drug user fees from the Federal Agricultural Mortgage Cor- available for obligation without the prior ap- authorized by 21 U.S.C. 379j, and shall be poration) shall be obligated during the cur- proval of the Committees on Appropriations credited to this account and remain avail- rent fiscal year for administrative expenses of both Houses of Congress. able until expended: Provided further, That as authorized under 12 U.S.C. 2249: Provided, SEC. 706. No part of any appropriation con- fees derived from prescription drug, medical That this limitation shall not apply to ex- penses associated with receiverships. tained in this Act shall remain available for device, and animal drug assessments re- obligation beyond the current fiscal year un- ceived during fiscal year 2006, including any Mr. BONILLA. Mr. Chairman, I ask less expressly so provided herein. such fees assessed prior to the current fiscal unanimous consent that title VII be SEC. 707. Not to exceed $50,000 of the appro- year but credited during the current year, considered as read, printed in the priations available to the Department of Ag- shall be subject to the fiscal year 2006 limita- RECORD, and open to amendment at riculture in this Act shall be available to tion: Provided further, That none of these provide appropriate orientation and lan- funds shall be used to develop, establish, or any point. The Acting CHAIRMAN (Mr. guage training pursuant to section 606C of operate any program of user fees authorized the Act of August 28, 1954 (7 U.S.C. 1766b). by 31 U.S.C. 9701: Provided further, That of FORBES). Is there objection to the re- SEC. 708. No funds appropriated by this Act the total amount appropriated: (1) quest of the gentleman from Texas? may be used to pay negotiated indirect cost $444,095,000 shall be for the Center for Food There was no objection. rates on cooperative agreements or similar Safety and Applied Nutrition and related The text of title VII is as follows: arrangements between the United States De- field activities in the Office of Regulatory TITLE VII—GENERAL PROVISIONS partment of Agriculture and nonprofit insti- Affairs; (2) $519,814,000 shall be for the Center tutions in excess of 10 percent of the total di- (INCLUDING RESCISSION OF FUNDS) for Drug Evaluation and Research and re- rect cost of the agreement when the purpose lated field activities in the Office of Regu- SEC. 701. Within the unit limit of cost fixed of such cooperative arrangements is to carry latory Affairs; (3) $178,713,000 shall be for the by law, appropriations and authorizations out programs of mutual interest between the Center for Biologics Evaluation and Re- made for the Department of Agriculture for two parties. This does not preclude appro- search and for related field activities in the the current fiscal year under this Act shall priate payment of indirect costs on grants Office of Regulatory Affairs; (4) $99,787,000 be available for the purchase, in addition to and contracts with such institutions when shall be for the Center for Veterinary Medi- those specifically provided for, of not to ex- such indirect costs are computed on a simi- cine and for related field activities in the Of- ceed 320 passenger motor vehicles, of which lar basis for all agencies for which appropria- fice of Regulatory Affairs; (5) $243,939,000 320 shall be for replacement only, and for the tions are provided in this Act. shall be for the Center for Devices and Radi- hire of such vehicles. SEC. 709. None of the funds in this Act shall ological Health and for related field activi- SEC. 702. Funds in this Act available to the be available to restrict the authority of the ties in the Office of Regulatory Affairs; (6) Department of Agriculture shall be available Commodity Credit Corporation to lease $41,152,000 shall be for the National Center for uniforms or allowances therefor as au- space for its own use or to lease space on be- for Toxicological Research; (7) $58,515,000 thorized by law (5 U.S.C. 5901–5902). half of other agencies of the Department of shall be for Rent and Related activities, of SEC. 703. Funds appropriated by this Act Agriculture when such space will be jointly which $21,974,000 is for White Oak Consolida- shall be available for employment pursuant occupied. tion, other than the amounts paid to the to the second sentence of section 706(a) of SEC. 710. None of the funds in this Act shall General Services Administration for rent; (8) the Department of Agriculture Organic Act be available to pay indirect costs charged $134,853,000 shall be for payments to the Gen- of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109. against competitive agricultural research, eral Services Administration for rent; and (9) SEC. 704. New obligational authority pro- education, or extension grant awards issued $117,060,000 shall be for other activities, in- vided for the following appropriation items by the Cooperative State Research, Edu- cluding the Office of the Commissioner; the in this Act shall remain available until ex- cation, and Extension Service that exceed 20 Office of Management; the Office of External pended: Animal and Plant Health Inspection percent of total Federal funds provided under Relations; the Office of Policy and Planning; Service, the contingency fund to meet emer- each award: Provided, That notwithstanding

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.026 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4235 section 1462 of the National Agricultural Re- (1) creates new programs; providing Bill Emerson and Mickey Leland search, Extension, and Teaching Policy Act (2) eliminates a program, project, or activ- Hunger Fellowships, through the Congres- of 1977 (7 U.S.C. 3310), funds provided by this ity; sional Hunger Center. Act for grants awarded competitively by the (3) increases funds or personnel by any SEC. 723. Notwithstanding section 412 of Cooperative State Research, Education, and means for any project or activity for which the Agricultural Trade Development and As- Extension Service shall be available to pay funds have been denied or restricted; sistance Act of 1954 (7 U.S.C. 1736f), any bal- full allowable indirect costs for each grant (4) relocates an office or employees; ances available to carry out title III of such awarded under section 9 of the Small Busi- (5) reorganizes offices, programs, or activi- Act as of the date of enactment of this Act, ness Act (15 U.S.C. 638). ties; or and any recoveries and reimbursements that SEC. 711. Notwithstanding any other provi- (6) contracts out or privatizes any func- become available to carry out title III of sion of this Act, all loan levels provided in tions or activities presently performed by such Act, may be used to carry out title II of this Act shall be considered estimates, not Federal employees; unless the Committees such Act. limitations. on Appropriations of both Houses of Con- SEC. 724. Section 375(e)(6)(B) of the Consoli- SEC. 712. Appropriations to the Department gress are notified 15 days in advance of such dated Farm and Rural Development Act (7 of Agriculture for the cost of direct and reprogramming of funds. U.S.C. 2008j(e)(6)(B)) is amended by striking guaranteed loans made available in the cur- (b) None of the funds provided by this Act, ‘‘$27,998,000’’ and inserting ‘‘$28,498,000’’. rent fiscal year shall remain available until or provided by previous Appropriations Acts SEC. 725. Of any shipments of commodities expended to cover obligations made in the to the agencies funded by this Act that re- made pursuant to section 416(b) of the Agri- current fiscal year for the following ac- main available for obligation or expenditure cultural Act of 1949 (7 U.S.C. 1431(b)), the counts: the Rural Development Loan Fund in the current fiscal year, or provided from Secretary of Agriculture shall, to the extent program account, the Rural Electrification any accounts in the Treasury of the United practicable, direct that tonnage equal in value to not more than $25,000,000 shall be and Telecommunication Loans program ac- States derived by the collection of fees avail- made available to foreign countries to assist count, and the Rural Housing Insurance able to the agencies funded by this Act, shall in mitigating the effects of the Human Im- Fund program account. be available for obligation or expenditure for SEC. 713. Of the funds made available by munodeficiency Virus and Acquired Immune activities, programs, or projects through a this Act, not more than $1,800,000 shall be Deficiency Syndrome on communities, in- reprogramming of funds in excess of $500,000 used to cover necessary expenses of activi- cluding the provision of— or 10 percent, which-ever is less, that: (1) ties related to all advisory committees, pan- (1) agricultural commodities to— augments existing programs, projects, or ac- els, commissions, and task forces of the De- (A) individuals with Human Immuno- tivities; (2) reduces by 10 percent funding for partment of Agriculture, except for panels deficiency Virus or Acquired Immune Defi- any existing program, project, or activity, or used to comply with negotiated rule makings ciency Syndrome in the communities; and numbers of personnel by 10 percent as ap- and panels used to evaluate competitively (B) households in the communities, par- proved by Congress; or (3) results from any awarded grants. ticularly individuals caring for orphaned general savings from a reduction in per- SEC. 714. None of the funds appropriated by children; and sonnel which would result in a change in ex- this Act may be used to carry out section 410 (2) agricultural commodities monetized to isting programs, activities, or projects as ap- of the Federal Meat Inspection Act (21 U.S.C. provide other assistance (including assist- proved by Congress; unless the Committees 679a) or section 30 of the Poultry Products ance under microcredit and microenterprise on Appropriations of both Houses of Con- Inspection Act (21 U.S.C. 471). programs) to create or restore sustainable gress are notified 15 days in advance of such SEC. 715. No employee of the Department of livelihoods among individuals in the commu- reprogramming of funds. Agriculture may be detailed or assigned nities, particularly individuals caring for or- from an agency or office funded by this Act (c) The Secretary of Agriculture, the Sec- retary of Health and Human Services, or the phaned children. to any other agency or office of the Depart- SEC. 726. Notwithstanding any other provi- Chairman of the Commodity Futures Trad- ment for more than 30 days unless the indi- sion of law, the Natural Resources Conserva- ing Commission shall notify the Committees vidual’s employing agency or office is fully tion Service shall provide financial and tech- on Appropriations of both Houses of Con- reimbursed by the receiving agency or office nical assistance to the Kane County, Illinois, gress before implementing a program or ac- for the salary and expenses of the employee Indian Creek Watershed Flood Prevention tivity not carried out during the previous for the period of assignment. Project, from funds available for the Water- fiscal year unless the program or activity is SEC. 716. None of the funds appropriated or shed and Flood Prevention Operations pro- funded by this Act or specifically funded by otherwise made available to the Department gram, not to exceed $1,000,000 and Hickory any other Act. of Agriculture or the Food and Drug Admin- Creek Special Drainage District, Bureau istration shall be used to transmit or other- SEC. 719. With the exception of funds need- ed to administer and conduct oversight of County, Illinois, not to exceed $50,000. wise make available to any non-Department SEC. 727. None of the funds made available grants awarded and obligations incurred in of Agriculture or non-Department of Health in this Act may be transferred to any depart- prior fiscal years, none of the funds appro- and Human Services employee questions or ment, agency, or instrumentality of the priated or otherwise made available by this responses to questions that are a result of in- United States Government, except pursuant or any other Act may be used to pay the sal- formation requested for the appropriations to a transfer made by, or transfer authority aries and expenses of personnel to carry out hearing process. provided in, this or any other appropriation SEC. 717. None of the funds made available the provisions of section 401 of Public Law Act. to the Department of Agriculture by this Act 105–185, the Initiative for Future Agriculture SEC. 728. Notwithstanding any other provi- may be used to acquire new information and Food Systems (7 U.S.C. 7621). sion of law, of the funds made available in technology systems or significant upgrades, SEC. 720. None of the funds appropriated by this Act for competitive research grants (7 as determined by the Office of the Chief In- this or any other Act shall be used to pay the U.S.C. 450i(b)), the Secretary may use up to formation Officer, without the approval of salaries and expenses of personnel who pre- 22 percent of the amount provided to carry the Chief Information Officer and the con- pare or submit appropriations language as out a competitive grants program under the currence of the Executive Information Tech- part of the President’s Budget submission to same terms and conditions as those provided nology Investment Review Board: Provided, the Congress of the United States for pro- in section 401 of the Agricultural Research, That notwithstanding any other provision of grams under the jurisdiction of the Appro- Extension, and Education Reform Act of 1998 law, none of the funds appropriated or other- priations Subcommittees on Agriculture, (7 U.S.C. 7621). wise made available by this Act may be Rural Development, Food and Drug Adminis- SEC. 729. None of the funds appropriated or transferred to the Office of the Chief Infor- tration, and Related Agencies that assumes made available by this or any other Act may mation Officer without the prior approval of revenues or reflects a reduction from the be used to pay the salaries and expenses of the Committees on Appropriations of both previous year due to user fees proposals that personnel to carry out section 14(h)(1) of the Houses of Congress: Provided further, That have not been enacted into law prior to the Watershed Protection and Flood Prevention none of the funds available to the Depart- submission of the Budget unless such Budget Act (16 U.S.C. 1012(h)(1)). ment of Agriculture for information tech- submission identifies which additional SEC. 730. None of the funds appropriated or nology shall be obligated for projects over spending reductions should occur in the made available by this or any other Act may $25,000 prior to receipt of written approval by event the user fees proposals are not enacted be used to pay the salaries and expenses of the Chief Information Officer. prior to the date of the convening of a com- personnel to carry out subtitle I of the Con- SEC. 718. (a) None of the funds provided by mittee of conference for the fiscal year 2007 solidated Farm and Rural Development Act this Act, or provided by previous Appropria- appropriations Act. (7 U.S.C. 2009dd through dd–7). tions Acts to the agencies funded by this Act SEC. 721. None of the funds made available SEC. 731. Agencies and offices of the De- that remain available for obligation or ex- by this or any other Act may be used to close partment of Agriculture may utilize any un- penditure in the current fiscal year, or pro- or relocate a State Rural Development office obligated salaries and expenses funds to re- vided from any accounts in the Treasury of unless or until cost effectiveness and en- imburse the Office of the General Counsel for the United States derived by the collection hancement of program delivery have been salaries and expenses of personnel, and for of fees available to the agencies funded by determined. other related expenses, incurred in rep- this Act, shall be available for obligation or SEC. 722. In addition to amounts otherwise resenting such agencies and offices in the expenditure through a reprogramming of appropriated or made available by this Act, resolution of complaints by employees or ap- funds which: $2,500,000 is appropriated for the purpose of plicants for employment, and in cases and

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.027 H08PT1 H4236 CONGRESSIONAL RECORD — HOUSE June 8, 2005 other matters pending before the Equal Em- and expenses of personnel to carry out sec- regulations regarding vendor cost contain- ployment Opportunity Commission, the Fed- tion 2502 of Public Law 107–171 in excess of ment in accordance with the provisions set eral Labor Relations Authority, or the Merit $60,000,000. forth in section 17(h)(11)(G) of the Child Nu- Systems Protection Board with the prior ap- SEC. 743. None of the funds appropriated or trition Act of 1966, authorizes any new for- proval of the Committees on Appropriations otherwise made available by this or any profit vendor(s) to transact food instruments of both Houses of Congress. other Act shall be used to pay the salaries under the Special Supplemental Nutrition SEC. 732. None of the funds appropriated or and expenses of personnel to carry out sec- Program for Women, Infants, and Children if made available by this or any other Act may tion 2503 of Public Law 107–171 in excess of it is expected that more than 50 percent of be used to pay the salaries and expenses of $83,500,000. the annual revenue of the vendor from the personnel to carry out section 6405 of Public SEC. 744. With the exception of funds pro- sale of food items will be derived from the Law 107–171 (7 U.S.C. 2655). vided in fiscal year 2005, none of the funds sale of supplemental foods that are obtained SEC. 733. Of the funds made available under appropriated or otherwise made available by with WIC food instruments, except that the section 27(a) of the Food Stamp Act of 1977 (7 this or any other Act shall be used to carry Secretary may approve the authorization of U.S.C. 2011 et seq.), the Secretary may use up out section 6029 of Public Law 107–171. such a vendor if the approval is necessary to to $10,000,000 for costs associated with the SEC. 745. None of the funds appropriated or assure participant access to program bene- distribution of commodities. otherwise made available in this Act shall be fits or is in accordance with the provisions SEC. 734. None of the funds appropriated or expended to violate Public Law 105–264. set forth in section 17(h)(11)(E) of the Child otherwise made available by this or any SEC. 746. None of the funds appropriated or Nutrition Act of 1966. other Act shall be used to pay the salaries otherwise made available by this or any SEC. 754. There is hereby appropriated and expenses of personnel to enroll in excess other Act shall be used to pay the salaries $1,000,000, to remain available until ex- of 154,500 acres in the calendar year 2006 wet- and expenses of personnel to carry out a pended, for a grant to the Ohio Livestock lands reserve program as authorized by 16 ground and surface water conservation pro- Expo Center in Springfield, Ohio. U.S.C. 3837. gram authorized by section 2301 of Public SEC. 755. None of the funds appropriated or SEC. 735. None of the funds appropriated or Law 107–171 in excess of $51,000,000. otherwise made available by this or any otherwise made available by this or any SEC. 747. None of the funds made available other Act shall be used to pay the salaries other Act shall be used to pay the salaries by this Act may be used to issue a final rule and expenses of personnel to carry out an and expenses of personnel who carry out an in furtherance of, or otherwise implement, Agricultural Management Assistance Pro- environmental quality incentives program the proposed rule on cost-sharing for animal gram as authorized by section 524 of the Fed- authorized by chapter 4 of subtitle D of title and plant health emergency programs of the eral Crop Insurance Act in excess of $6,000,000 XII of the Food Security Act of 1985 (16 Animal and Plant Health Inspection Service (7 U.S.C. 1524). U.S.C. 3839aa et seq.) in excess of published on July 8, 2003 (Docket No. 02–062– SEC. 756. None of the funds appropriated or $1,012,000,000. 1; 68 Fed. Reg. 40541). otherwise made available by this or any SEC. 736. None of the funds appropriated or SEC. 748. None of the funds made available other Act shall be used to pay the salaries otherwise made available by this or any in this Act may be used to study, complete and expenses of personnel to carry out a Bio- other Act shall be used to pay the salaries a study of, or enter into a contract with a mass Research and Development Program in and expenses of personnel to expend the private party to carry out, without specific excess of $12,000,000, as authorized by Public $23,000,000 made available by section 9006(f) authorization in a subsequent Act of Con- Law 106–224 (7 U.S.C. 7624 note). of the Farm Security and Rural Investment gress, a competitive sourcing activity of the SEC. 757. Notwithstanding 40 U.S.C. 524, 571, Act of 2002 (7 U.S.C. 8106(f)). Secretary of Agriculture, including support and 572, the Secretary of Agriculture may SEC. 737. With the exception of funds pro- personnel of the Department of Agriculture, sell the US Water Conservation Laboratory, vided in fiscal year 2003, none of the funds relating to rural development or farm loan Phoenix, Arizona, and the Western Cotton appropriated or otherwise made available by programs. Research Center, Phoenix, Arizona, and cred- this or any other Act shall be used to pay the SEC. 749. Hereafter, notwithstanding any it the net proceeds of such sales as offsetting salaries and expenses of personnel to expend other provision of law, the Secretary of Agri- collections to its Agricultural Research the $50,000,000 made available by section culture may use appropriations available to Service Buildings and Facilities account. 601(j)(1)(A) of the Rural Electrification Act the Secretary for activities authorized under Such funds shall be available until Sep- of 1936 (7 U.S.C. 950bb(j)(1)(A)). sections 426–426c of title 7, United States tember 30, 2007 to be used to replace these fa- SEC. 738. None of the funds made available Code, under this or any other Act, to enter cilities and to improve other USDA-owned in fiscal year 2005 or preceding fiscal years into cooperative agreements, with a State, facilities. for programs authorized under the Agricul- political subdivision, or agency thereof, a SEC. 758. None of the funds provided in this tural Trade Development and Assistance Act public or private agency, organization, or Act may be used for salaries and expenses to of 1954 (7 U.S.C. 1691 et seq.) in excess of any other person, to lease aircraft if the Sec- draft or implement any regulation or rule in- $20,000,000 shall be used to reimburse the retary determines that the objectives of the sofar as it would require recertification of Commodity Credit Corporation for the re- agreement will: (1) serve a mutual interest of rural status for each electric and tele- lease of eligible commodities under section the parties to the agreement in carrying out communications borrower for the Rural 302(f)(2)(A) of the Bill Emerson Humani- the programs administered by the Animal Electrification and Telecommunication tarian Trust Act (7 U.S.C. 1736f–1): Provided, and Plant Health Inspection Service, Wild- Loans program. That any such funds made available to reim- life Services; and (2) all parties will con- SEC. 759. None of the funds appropriated or burse the Commodity Credit Corporation tribute resources to the accomplishment of otherwise made available by this Act shall shall only be used pursuant to section these objectives; award of a cooperative be used for the implementation of Country of 302(b)(2)(B)(i) of the Bill Emerson Humani- agreement authorized by the Secretary may Origin Labeling for meat or meat products. tarian Trust Act. be made for an initial term not to exceed 5 SEC. 760. (a) Notwithstanding any other SEC. 739. None of the funds appropriated or years. provision of law, and until the receipt of the otherwise made available by this or any SEC. 750. None of the funds appropriated or decennial Census in the year 2010, the Sec- other Act shall be used to pay the salaries otherwise made available by this or any retary of Agriculture shall consider— and expenses of personnel to expend the other Act shall be used to pay the salaries (1) the City of Bridgeton, New Jersey, the $120,000,000 made available by section 6401(a) and expenses of personnel to carry out sec- City of Kinston, North Carolina, and the of Public Law 107–171. tion 9010 of Public Law 107–171 in excess of City of Portsmouth, Ohio as rural areas for SEC. 740. Notwithstanding subsections (c) $60,000,000. the purposes of Rural Housing Service Com- and (e)(2) of section 313A of the Rural Elec- SEC. 751. Agencies and offices of the De- munity Facilities Program loans and grants; trification Act (7 U.S.C. 940c(c) and (e)(2)) in partment of Agriculture may utilize any (2) the Township of Bloomington, Illinois implementing section 313A of that Act, the available discretionary funds to cover the (including individuals and entities with Secretary shall, with the consent of the lend- costs of preparing, or contracting for the projects within the Township) eligible for er, structure the schedule for payment of the preparation of, final agency decisions regard- Rural Housing Service Community Facilities annual fee, not to exceed an average of 30 ing complaints of discrimination in employ- Programs loans and grants; basis points per year for the term of the ment or program activities arising within (3) the City of Hidalgo, Texas as a rural loan, to ensure that sufficient funds are such agencies and offices. area for the purposes of the Rural Business- available to pay the subsidy costs for note SEC. 752. Funds made available under sec- Cooperative Service Rural Business Enter- guarantees under that section. tion 1240I and section 1241(a) of the Food Se- prise Grant Program; SEC. 741. None of the funds appropriated or curity Act of 1985 in fiscal year 2006 shall re- (4) the City of Elgin, Oklahoma (including otherwise made available by this or any main available until expended to cover obli- individuals and entities with projects within other Act shall be used to pay the salaries gations made in fiscal year 2006, and are not the city) eligible for Rural Utilities Service and expenses of personnel to carry out a Con- available for new obligations. water and waste water loans and grants; servation Security Program authorized by 16 SEC. 753. None of the funds made available (5) the City of Lone Grove, Oklahoma (in- U.S.C. 3838 et seq., in excess of $258,000,000. under this Act shall be available to pay the cluding individuals and entities with SEC. 742. None of the funds appropriated or administrative expenses of a State agency projects within the city) eligible for Rural otherwise made available by this or any that, after the date of enactment of this Act Housing Service Community Facilities Pro- other Act shall be used to pay the salaries and prior to implementation of interim final gram loans and grants; and

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.027 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4237 (6) the Municipalities of Vega Baja, The Acting CHAIRMAN. Does any- The Clerk read as follows: Manati, Guayama, Fajardo, Humacao, and body wish to be heard on the point of Amendment offered by Ms. DELAURO: Naguabo (including individuals and entities order? If not, the Chair will rule. In section 757, strike ‘‘and the Western with projects within the Municipalities) eli- The Chair finds that this provision Cotton Research Center, Phoenix, Arizona, gible for Rural Community Advancement and credit the net proceeds of such sales’’ Program loans and grants and intermediate explicitly supersedes existing law. The provision, therefore, constitutes legis- and insert ‘‘and credit the net proceeds of relending programs. such sale’’. SEC. 761. The Secretary of Agriculture lation in violation of clause 2 of rule shall use $10,000,000 of the funds of the Com- XXI. The point of order is sustained, Mr. KOLBE. Mr. Chairman, I rise today in modity Credit Corporation, to remain avail- and the provision is stricken from the suppor of Mrs. DELAURO’s amendment to able until expended, to compensate commer- bill. strike part of Section 757 of Title VII of the Ag- cial citrus and lime growers in the State of Are there any other points of order to riculture Appropriations bill for Fiscal Year Florida for tree replacement and for lost pro- this bill? 2006. duction with respect to trees removed to Mr. GOODLATTE. Mr. Chairman, I In 1966, the Arizona Cotton Growers Asso- control citrus canker, and with respect to ciation and the Arizona Cotton Planting Seed certified citrus nursery stocks within the make a point of order against section 760 that begins on page 81, line 1 Distributors deeded a piece of property lo- citrus canker quarantine areas, as deter- cated at 4135 East Broadway Road in Phoe- mined by the Secretary. For a grower to re- through 7 and beginning with ‘‘and’’ on ceive assistance for a tree under this section, page 81, line 11 through ‘‘programs’’ on nix To USDA for $1.00 to help with the con- the tree must have been removed after Sep- line 17 in that it violates House rule struction of the Western Cotton Research tember 30, 2001. XXI, clause 2, by changing existing law Center. With the construction of a new facility SEC. 762. The counties of Burlington and and inserting legislative language in an for the research center at the University of Camden, New Jersey (including individuals appropriation bill. Arizona’a Maricopa Agricultural Center, the re- and entities with projects within these coun- The Acting CHAIRMAN. Does any search and its staff will move within the next ties) shall be eligible for loans and grants two years, leaving this property behind. under the Rural Community Advancement Member wish to be heard on the point of order? If not, the Chair will rule. I think it is appropriate that this property, Program for fiscal year 2006 to the same ex- which abuts the headquarters of the Arizona tent they were eligible for such assistance The Chair finds that this provision during the fiscal year 2005 under section 106 includes language conferring author- Cotton Growers Association, revert back to of Chapter 1 of Division B of Public Law 108– ity. The provision, therefore, con- that group, since they deeded this property to 324 (188 Stat. 1236). stitutes legislation in violation of USDA originally for only $1.00. SEC. 763. Of the unobligated balances avail- clause 2 of rule XXI. The point of order I fully support removing the language allow- able in the Special Supplemental Nutrition is sustained, and the provision is ing the Secretary of Agriculture to sell the Program for Women, Infants, and Children stricken from the bill. Wester Cotton Research Center, Phoenix, Ari- reserve account, $32,000,000 is hereby re- zona and crediting the net proceeds of that AMENDMENT OFFERED BY MR. BONILLA scinded. sale as offsetting collections to the ARS Build- Mr. BONILLA. Mr. Chairman, I offer SEC. 764. None of the funds provided by this ings and Facilities account. Act shall be used to pay salaries and ex- an amendment. Mr. BONILLA. Mr. Chairman, this is penses and other costs associated with im- The Clerk read as follows: a good amendment that the gentleman plementing or administering section 508(e)(3) Amendment offered by Mr. BONILLA: from Arizona (Mr. PASTOR) has worked of the Federal Crop Insurance Act (7 U.S.C. On page 73, line 16, insert after the dollar 1501 et seq.) for the 2006 reinsurance year. amount the following: ‘‘(increased by very hard on for some time and the SEC. 765. None of the funds appropriated or $40,000,000)’’; gentlewoman from Connecticut (Ms. otherwise made available by this Act for the On page 75, line 10, insert after the dollar DELAURO) is offering on his behalf, and Food and Drug Administration may be used amount the following: ‘‘(decreased by we are happy to accept the amend- under section 801 of the Federal Food, Drug, $13,000,000)’’; ment. and Cosmetic Act to prevent an individual On page 75, line 15, insert after the dollar The Acting CHAIRMAN. The gentle- not in the business of importing a prescrip- amount the following: ‘‘(decreased by woman from Connecticut (Ms. tion drug within the meaning of section $17,000,000)’’; and, 801(g) of such Act, wholesalers, or phar- On page 75, line 20, insert after the dollar DELAURO) is recognized for 5 minutes. macists from importing a prescription drug amount the following: ‘‘(decreased by Ms. DELAURO. Mr. Chairman, I which complies with sections 501, 502, and $10,000,000)’’. thank the gentleman for accepting the 505. Mr. BONILLA (during the reading). amendment. EC The Acting CHAIRMAN. The ques- S . 766. Unless otherwise authorized by Mr. Chairman, I ask unanimous con- existing law, none of the funds provided in tion is on the amendment offered by sent that the amendment be considered this Act, may be used by an executive branch the gentlewoman from Connecticut as read and printed in the RECORD. agency to produce any prepackaged news (Ms. DELAURO). The Acting CHAIRMAN. Is there ob- story intended for broadcast or distribution The amendment was agreed to. in the United States unless the story in- jection to the request of the gentleman cludes a clear notification within the text or from Texas? AMENDMENT OFFERED BY MR. MORAN OF KANSAS audio of the prepackaged news story that the There was no objection. Mr. MORAN of Kansas. Mr. Chair- prepackaged news story was prepared or Mr. BONILLA. Mr. Chairman, I am man, I offer an amendment. funded by that executive branch agency. offering this amendment as part of the The Clerk read as follows: SEC. 767. In addition to other amounts ap- agreement that I referred to earlier propriated or otherwise made available by Amendment offered by Mr. MORAN of Kan- this Act, there is hereby appropriated to the with the chairman of the Committee sas: Secretary of Agriculture $7,000,000, of which on Agriculture. Add at the end (before the short title), the not to exceed 5 percent may be available for I am offering the amendment under following new section: administrative expenses, to remain available the agreement that we would add $40 SEC. 7ll. Of the amount made available until expended, to make specialty crop block million back to the Environmental under the heading ‘‘ANIMAL AND PLANT grants under section 101 of the Specialty Quality Incentives program account. HEATH INSPECTION SERVICE—SALARIES Crops Competitiveness Act of 2004 (Public That is what the amendment does, and AND EXPENSES’’, $15,000,000 shall be used by the Secretary of Agriculture to carry out Law 108–465; 7 U.S.C. 1621 note). it is paid for by increasing the limita- The Acting CHAIRMAN. Are there sections 454 and 455 of the Plant Protection tions on the Conservation Security Act (7 U.S.C. 7783, 7784). any points of order to that portion of program, the Wildlife Habitat Incen- Mr. BONILLA. Mr. Chairman, I re- the bill? tives program, and the Farm and serve a point of order on the gentle- POINTS OF ORDER Ranchlands Protection program. man’s amendment. Mr. GOODLATTE. Mr. Chairman, I The Acting CHAIRMAN. The ques- The Acting CHAIRMAN. A point of make a point of order against section tion is on the amendment offered by order is reserved. The gentleman from 749 that begins on page 77, line 1, and the gentleman from Texas (Mr. Kansas (Mr. MORAN) is recognized for 5 ends on page 77, line 16, in that it vio- BONILLA). minutes. lates House rule XXI, clause 2, by The amendment was agreed to. Mr. MORAN of Kansas. Mr. Chair- changing existing law and inserting AMENDMENT OFFERED BY MS. DELAURO man, today I offer an amendment to legislative language in an appropria- Ms. DELAURO. Mr. Chairman, I offer appropriate funds for the eradication of tion bill. an amendment. noxious weeds.

VerDate jul 14 2003 05:21 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.027 H08PT1 H4238 CONGRESSIONAL RECORD — HOUSE June 8, 2005 I first would like to thank the gen- standing that we have reached in re- plemented are cattle. So I draw Mem- tleman from Texas (Mr. BONILLA), the gard to cooperation on this issue in the bers’ attention to an article in the Au- chairman of the Subcommittee on Ag- future. burn Journal dated May 25, 2005. riculture, Rural Development, Food Mr. BONILLA. Mr. Chairman, abso- What this article says is, ‘‘Seafood and Drug Administration, and Related lutely. Let me point out that the gen- savvy now know where their meal grew Agencies, as well as the gentlewoman tleman from Kansas is not only work- up.’’ It states, ‘‘In the seafood section from Connecticut (Ms. DELAURO), for ing hard on this particular issue, but at Raley’s supermarket, small blue their leadership in what I know is a he is a key player on agricultural containers line the shelves, filled with very difficult task of allocating funds issues that we deal with on a daily red and tan fish. Labels on the clear within the budgetary restraints that basis here in Washington. I am not wrappers give traditional information we find ourselves. I would also like to only on this issue, but whatever issue about the seafood type and nutritional thank their staff for their hard work the gentleman brings forward, we are facts. In the bottom right-hand corner, and their efforts to accommodate my ready and willing to discuss, work with however, a new label is attached: a amendment. and solve problems with him. He comes small white rectangle with bold black This amendment would allocate to the table every day very serious print that reads ‘Product of Ecuador,’ within the Animal and Plant Health about these issues and truly in his ‘Product of China,’ or ‘Product of Inspection Service $15 million to fund heart wants to solve issues that face U.S.A.’ the Noxious Weed Control and Eradi- agriculture across the country. ‘‘Raley’s has been labeling its seafood cation Act of 2004. This legislation, the Mr. MORAN of Kansas. Mr. Chair- products since January, said Keith act, was authorized for the past 2 man, I ask unanimous consent to with- Allen, Auburn Raley’s meat depart- years, but no funding has yet been ap- draw my amendment and look forward ment manager. While the burden of la- propriated to carry out the purpose of to working with the gentleman from beling falls on grocers, it has not been the program. Texas (Mr. BONILLA) in regard to this difficult for the meat department staff The Noxious Weed Control and Eradi- issue being considered in the future. to adjust to the change. ‘It is just a cation Act passed the House in October The Acting CHAIRMAN (Mr. matter of putting the sticker on the of 2004 and allows the Secretary of the FORBES). Is there objection to the re- package,’ he said Monday. ‘‘By naming the country of origin, Department of Agriculture to establish quest of the gentleman from Kansas? the labels give savvy customers the op- a grant program to control and eradi- There was no objection. portunity to choose fish from countries cate noxious weeds. The Acting CHAIRMAN. The amend- with high sanitation standards and bet- This legislation gives local weed ment is withdrawn. ter growing conditions. Several cus- management entities the ability to AMENDMENT NO. 8 OFFERED BY MR. REHBERG tomers have already commented on the control local weed problems and pro- Mr. REHBERG. Mr. Chairman, I offer change, Allen said. vides the funding necessary for them to an amendment. ‘‘Annette Eastman, shopping at meet a very serious need in many The Acting CHAIRMAN. The Clerk Raley’s Tuesday morning, said she was places across the country. will designate the amendment. glad to see the new labels. She would The text of the amendment is as fol- This legislation has broad bipartisan prefer not to buy seafood from coun- lows: support and will benefit the entire Na- tries such as Mexico because she wor- tion. Amendment No. 8 offered by Mr. REHBERG: ries that the quality of the water Strike section 759 (page 80, lines 7 through Noxious weeds are a significant envi- where the fish that are raised is poor. ronmental and economic concern. I 10), relating to the delay in country of origin labeling for meat and meat products. ‘‘ ‘I would much rather buy some- know from my own experiences in Kan- thing from the U.S.A.,’ she said, point- Mr. REHBERG. Mr. Chairman, here sas, we have a difficult time control- ing to the fish fillet labeled ‘Product of ling the very difficult and noxious we are addressing an issue we have ad- the U.S.A.’ Another shopper, Tammieh weeds. Sericea lespedeza is a weed that dressed many times over the last sev- Vernon, also said the labels would in- has invaded many acres of the foothills eral years. I find myself in a precarious fluence her seafood purchases.’’ region of Kansas, which contain some position because I do support the agri- Interesting as well, I pulled this arti- of the few remaining acres of native culture appropriations bill, and I think cle off the Internet. The title: Country- tall grass prairie. the gentleman from Texas (Mr. of-origin labeling good news for Texas Sericea lespedeza is just one example BONILLA) deserves a pat on the back for shrimp enthusiasts. May 15, 2005. of many invasive species that create the fine work he has accomplished over ‘‘Texans who are picky about where economic hardship across the country; the last several months in putting this their shrimp comes from can now rest and by finally providing these funds, piece of legislation together. assured that they are getting exactly we can help in the battle to eradicate The issue I am talking about today is what they want. As of April 4, labeling this and prevent a major outbreak of country-of-origin labeling. The thing of fish and shellfish for country of ori- noxious weeds. we cannot kid ourselves about is that gin and method of production became This is a matter in which timing is the actions that were taken within the mandatory. The announcement by the critical; and we need to give our com- Committee on Appropriations will ef- USDA requires retailers to notify their munities, our local entities, and our fectively delay country-of-origin customers of the country of origin of farmers, landowners, the tools they labeling’s implementation, but, unfor- the seafood they buy. need to manage our natural landscapes. tunately, it probably kills it because ‘‘ ‘It is a win/win situation for Texas,’ Mr. Chairman, I thank my colleagues there is that attempt that is occurring. said Agriculture Commissioner Susan for the offering of this amendment. This was an issue supported by the Combs. ‘Texans love to buy Texas prod- House of Representatives and passed, ucts, and this way they will know they 1400 b supported by the Senate and passed, are getting the quality they love. In Mr. BONILLA. Mr. Chairman, I move and ultimately signed by the President turn, sales will increase, providing a to strike the last word. of the United States. What I find ironic boost to Texas shrimp producers and Mr. Chairman, is it the gentleman’s is the opponents say this would be the State’s economy.’ intention to withdraw his amendment? costly, difficult to implement, and it is ‘‘With these new rules and regula- Mr. MORAN of Kansas. Mr. Chair- not a safety issue. I brought along a tions, more Texas consumers will have man, will the gentleman yield? number of articles today that kind of the opportunity to buy Lone Star State Mr. BONILLA. I yield to the gen- take the wind out of the sails of that shrimp. This new regulation enables tleman from Kansas. argument. consumers to quickly differentiate be- Mr. MORAN of Kansas. Mr. Chair- I find interesting that, in the Auburn tween domestic and imported products, man, based upon previous conversa- Journal in northern California, one of said D’Anne Stites, Texas Department tions with the gentleman from Texas the areas that has been allowed to be of Agriculture’s coordinator. and the staff of the agriculture sub- implemented is seafood. Fruits and ‘‘Country-of-origin labeling or COOL committee, I am willing to withdraw vegetables are shortly behind. The only regulations will make marketing easi- my amendment under the under- ones that are not being able to be im- er as customers can see firsthand what

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.077 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4239 they are getting. Stites said, ‘Con- In reality, there will probably be more mittee, the gentleman from Virginia sumers will be able to ask for Texas speakers in favor of the Rehberg (Mr. GOODLATTE), for introducing a bill shrimp with the knowledge of what is amendment. to make this country-of-origin labeling available in front of them.’’’ The Acting CHAIRMAN. Does the re- provision voluntary. There are dozens So it is a marketing issue, very clear- quest of the gentleman from Texas in- of cosponsors on the bill. It is a bipar- ly. But I think the people of America clude any amendments to the amend- tisan effort. Many of us have been want to know where their livestock ment of the gentleman from Montana working on that for a long time, and does in fact come from. (Mr. REHBERG)? we hope that this provision that I have It was interesting to see that Japan Mr. BONILLA. No. put in this bill remains by voting no on shut our markets down on Christmas The Acting CHAIRMAN. Is there ob- the Rehberg amendment. Eve of 2003 and still have not opened jection to the request of the gentleman Mr. Chairman, I reserve the balance them. Unfortunately, 23 percent of our from Texas? of my time. exports go to Japan. And why did they There was no objection. Mr. REHBERG. Mr. Chairman, I yield not open their markets and why did The Acting CHAIRMAN. The gen- 10 seconds to the gentleman from Wis- they close them in the first place? Be- tleman from Montana (Mr. REHBERG) consin (Mr. OBEY). cause we could not prove that our live- will control 15 minutes, the gentleman Mr. OBEY. Mr. Chairman, I simply stock that we are exporting to Japan from Texas (Mr. BONILLA) will control want to rise in support of the gentle- did not come from Canada. 71⁄2 minutes, and the gentlewoman from man’s amendment. There is no earthly So it is not a trade issue. In some Connecticut (Ms. DELAURO) will con- reason why consumers should not know ways, it is a safety issue; and that is trol 71⁄2 minutes. where their food is coming from, and I unfortunate. The Chair recognizes the gentleman would hope the House would pass the I might also point out on May 25 of from Montana (Mr. REHBERG). amendment. this year the USDA closed its border to Mr. REHBERG. Mr. Chairman, I re- Mr. REHBERG. Mr. Chairman, I yield cattle from Durango, Mexico. Agri- serve the balance of my time. 3 minutes to the gentlewoman from culture Secretary Mike Johanns on Mr. BONILLA. Mr. Chairman, I yield South Dakota (Ms. HERSETH). Tuesday announced that USDA Animal myself such time as I may consume. Ms. HERSETH. Mr. Chairman, I rise and Plant Health Inspection Service Mr. Chairman, I rise in strong opposi- in complete support of this amend- has closed the U.S. border to cattle tion to the gentleman’s amendment. ment, and I want to commend the from Mexico’s state of Durango due to This is an issue that many of us have strong and tenacious leadership of the inadequate health inspection programs been working on for many years. The gentleman from Montana (Mr. there. country-of-origin labeling provisions REHBERG) for his offering of the amend- The ACTING Chairman. The gentle- that were part of the last farm bill ment today. I also rise with no small man’s time has expired. would present a nightmare to many measure of frustration and exaspera- tion that this amendment is even nec- Mr. REHBERG. Mr. Chairman, I ask producers in this country. Good, salt- essary today. unanimous consent for 2 additional of-the-earth people in agriculture know minutes. The 2002 farm bill made a promise to that this would impose up to $1 billion farmers and ranchers across this coun- The ACTING Chairman. Is there ob- in additional costs to their already jection to the request of the gentleman try. It promised them that the Sec- overworked people and to their budg- retary of Agriculture would implement from Montana? ets, which are already being taxed. Mr. BONILLA. Mr. Chairman, reserv- a program to inform consumers where This is also an issue for anybody who ing the right to object, I ask unani- their meat and vegetables come from. believes that grocery stores and retail- mous consent from this point on debate Producers in South Dakota see tremen- ers are part of Americana in this coun- on this amendment be limited to 30 dous potential in this program and try, and they would rise in strong oppo- minutes with 15 minutes allotted to urged its inclusion in the farm bill. In sition to this amendment because there the gentleman from Montana (Mr. fact, had this provision not been in the is a liability in the country-of-origin REHBERG) and 15 minutes allotted to bill, I think that many of them would labeling that would in essence make myself who will rise to oppose this not have supported its passage. This your friendly corner grocery store lia- amendment. promise was supposed to be fulfilled by Mr. OBEY. Mr. Chairman, if the gen- ble for trial lawyers to come in and say September 30 of last year. you did not put the fact that this calf tleman will yield, I have no problem b 1415 with the time limit, but I would not may have been born in one country, The program should already be up want a time limit that boxed the mi- processed in another country, and now and running. Instead, the large meat nority out of control of any time. on the meat counter in your local gro- Mr. BONILLA. Mr. Chairman, my cery store. Now the lawyers can come packers have rallied to kill this pro- unanimous consent request is to allow along and say, we are taking you to gram because they do not want Amer- 15 minutes for the proponent of the court, causing the price of beef to go up ican consumers to discover how much amendment and 15 minutes in opposi- for American families. That is not of the meat in the grocery case is actu- tion to the amendment. something that would reflect favorably ally imported. And these packing inter- Mr. OBEY. Mr. Chairman, could the for anyone in this country, whether ests have found strong and willing al- gentleman split the time in opposition you are a producer, a retailer or a con- lies here in this body. Two years ago in to the amendment in two? sumer. an appropriations bill, Congress voted Mr. BONILLA. Mr. Chairman, I ask This is a marketing issue. I realize to delay the implementation of this unanimous consent for the gentleman there is an intent by this country-of- program until September 30 of next from Montana (Mr. REHBERG) to con- origin labeling provision to mandate year. trol 15 minutes and to be split between that these labels be put on products. Now we see that this 2-year delay was myself and the minority 71⁄2 minutes Nothing could be more anti free enter- not enough for them. Their allies in each in opposition to the amendment. prise than to mandate labeling on a this Chamber are at it again today, Mr. OBEY. Mr. Chairman, I have no product. If consumers want this, they seeking to delay implementation of objection. will ask their retailer to put it on the this important program for yet another Mr. REHBERG. Mr. Chairman, point product so they can favor that product year. This is unconscionable and it is of clarification, if the intent is to split over another. just the tip of the iceberg. Leadership the proponents of the amendment, so I I am not sure what the origin of the in this body is breaking faith with am a proponent, 15 minutes in favor of country-of-origin labeling provision rural America on a host of important my amendment and 71⁄2 minutes each was in the last farm bill, but there is issues. The administration is leading to those that are opposed to the no doubt it would create additional the fight to reopen our border to Cana- amendment, is that what the unani- costs that consumers would have to dian beef despite ongoing concerns mous consent requests? bear. about the safety of their beef supply Mr. BONILLA. Mr. Chairman, the I would also want to compliment the and over the strong objections of many gentleman’s understanding is correct. chairman of the authorizing com- U.S. ranchers and consumer groups.

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.081 H08PT1 H4240 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Rural America is also under attack supported by the National Farmers that many times has a very difficult in the budget process. The 2007 budget, Union and over 120 other organizations. time staying in business anyway. which recently passed this body with Over the last few days, I have re- I rise in opposition to this amend- only Republican votes, will cut $3 bil- ceived letters of encouragement from ment and recognize that everyone on lion from farm safety net programs in many Oregon farmers thanking me for both sides of the issue has nothing but the coming years. The President’s helping to bring this amendment for- the best of intentions and certainly budget was even worse, seeking a cut of ward. Our farms grow the best produce wishes the industry well and especially almost $6 billion in farm bill programs. and raise the best livestock in the our grass-roots producers. We want to Because of this budget, the farm in- world, and American consumers know do what is necessary to help them all come safety net, conservation pro- this. Studies have shown that Ameri- we can. But I still would encourage a grams and food stamps are now facing cans want to buy American commod- ‘‘no’’ vote on this amendment and look huge cuts in the coming years. I see ities and are even willing to pay a pre- forward to seeing this issue at some mandatory country-of-origin legisla- mium to do so. Our Nation’s farmers date, maybe long after I am gone from tion as a win-win situation and no and ranchers produce the best and this place, resolved, because it has been more delays are justified. It is a win for safest commodities in the world and around a long time. consumers who get the security of consumers deserve the chance to know Mr. BONILLA. Mr. Chairman, I yield knowing where their meat comes from, where their food is born, raised, and 2 minutes to the gentleman from Vir- and it is a win for our producers who processed. ginia (Mr. GOODLATTE), the distin- can build a stronger marketplace for Country-of-origin labeling provides guished chairman of the Committee on their meat based on the quality of the U.S. agriculture producers the oppor- Agriculture. product. tunity to promote their excellent prod- Mr. GOODLATTE. Mr. Chairman, I Let us not forget that American con- ucts. The labeling law does not violate thank the gentleman for yielding time, sumers have shown overwhelming sup- international trade agreements, would and I join him in rising in strong oppo- port for COOL. A nationwide poll taken not drastically increase producer and sition to this amendment. This amend- last year found that 82 percent of con- consumer costs, does not require third- ment is foolhardy just like the under- sumers think food should be labeled party documentation for trace-back or lying provision that was placed in the with country-of-origin information; 85 disadvantage any commodity. Thirty- farm bill at the last minute. We de- percent said they would be more in- five other countries require country-of- bated this thoroughly in the House Ag- clined to purchase U.S. products; and origin labeling, and COOL has already riculture Committee prior to the writ- 81 percent said they would be willing to gone into effect for fish and shellfish. ing of that farm bill and the committee pay a few cents extra for food that is Labeling products is simply a pro- members, 51 members, all from agricul- grown here at home. American con- motional tool for U.S. producers and an tural districts, overwhelmingly re- sumers want the ability to be as in- information source for consumers. jected this amendment as not in the formed about their food purchase deci- For these reasons, we had country-of- best interest of America’s farmers and sions as they are about virtually all of origin labeling provisions added to the ranchers. The Senate held no hearings, the other consumers goods they pur- last farm bill. Country-of-origin label- insisted on this provision, and it was chase. Country-of-origin labeling gives ing has been delayed for several years put into law. them this tool and they support it. and has been studied to death. This What we found after it was put into Let us restore our commitment to provision in the agriculture appropria- law was that it does harm. It does ex- rural America. I urge my colleagues to tions bill continues that trend. actly the opposite of what farmers and support this amendment. A 2-year Country-of-origin labeling is good for ranchers intended. It increases the cost delay is long enough. Let us allow the American farmers and good for Amer- an estimated $10 per head for cattle, Agriculture Secretary to fulfill the ican consumers. I encourage my col- $1.50 for hogs, a similar amount for promise of the 2002 farm bill by giving leagues on both sides of the aisle to sheep; and it has the effect, the oppo- producers the marketing tools that stand up for their constituents and site of what was intended. It will make they need and consumers the informa- vote for the Rehberg/Hooley amend- our products less competitive with for- tion that they are seeking on the ori- ment. eign meat products, not more competi- gin of the food they buy. Ms. DELAURO. Mr. Chairman, I yield tive. That is wrongheaded. Mr. REHBERG. Mr. Chairman, I yield 2 minutes to the gentleman from Ar- Secondly, it imposes unbelievably 4 minutes to the gentlewoman from Or- kansas (Mr. BERRY). stringent liability on the retailers, and egon (Ms. HOOLEY). Mr. BERRY. Mr. Chairman, I thank every one of them is writing their own Ms. HOOLEY. Mr. Chairman, I thank the gentlewoman from Connecticut for separate set of regulations, so that if the gentleman for yielding me this yielding me this time. I certainly think this law is allowed to take effect, and time. that of all the discussions we have had I commend the gentleman from Texas I agree with the statements made by on this floor, everyone on both sides of (Mr. BONILLA) for postponing that be- my colleague from Montana, and I the aisle has nothing but the best in- cause we need to have a voluntary sys- thank him for the leadership he has tentions, and I respect that. I think tem, if it goes into effect, we are going shown on this issue. Our amendment is that as we move forward in the protec- to have a separate set of regulations very simple. It would allow country-of- tion of our food supply, it is important for each retailer that farmers and origin labeling, better known as COOL, for us not to burden an industry with ranchers will have to comply with in which was approved by a majority of requirements and costs that go above order to get their products sold. Once this House in the last farm bill, to go and beyond what is necessary for us to again they will say no liability risk if forward this next year. We have got to protect the public health and safety. I we buy the foreign product, no problem stop yet another backdoor attempt to think that this bill goes too far when it complying with additional regulations, halt country-of-origin food labeling absolutely requires mandatory labeling they are going to buy more foreign rules. Consumers deserve to know of the products. product, not less. where their meat is produced and that I think that we can do this on a vol- Finally, last year I offered in the it is safe, and farmers and ranchers de- untary basis, give our producers the Committee on Agriculture legislation serve the fair deal provided by open right to put the label that they wish as to do this the right way, to make it and honest labeling. far as the origin of their product on voluntary. When we did so, again the The gentleman from Montana is up their product, and put it on the grocery committee members overwhelmingly here today for the same reason I am. store shelf and see what happens. We voted not to do this mandatory system, Like me, he represents an agricultural have no indication that just labeling but to make it voluntary. That is what district and country-of-origin labeling the country of origin makes a signifi- we should continue to work toward is something that our farmers want. cant difference in the marketing of today. The way to do that is to keep That is why country-of-origin labeling these products, and I think it is an un- the provision of the gentleman from enjoys such broad support in the agri- necessary extra layer of regulation Texas in this bill and delay the imple- culture community. Our amendment is that we are about to put on an industry mentation of this very bad legislation.

VerDate jul 14 2003 04:06 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.084 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4241 Mr. REHBERG. Mr. Chairman, I yield being any safer than it is now. The wards Montana or my colleague from 2 minutes to the gentlewoman from House has previously voted to delay up there. We have a situation here Wyoming (Mrs. CUBIN). mandatory COOL in order to review where we have our cart ahead of our Mrs. CUBIN. Mr. Chairman, today I the law and develop a voluntary op- horse. We cannot identify our meat rise in support of this amendment to tion. The Bonilla provision to delay until we can identify where it comes strike the language which would once COOL labeling for meat is the right from. again delay full implementation and thing to do. I ask the House to join me We have initiated a trace-back sys- rightful implementation of country-of- in keeping this provision and oppose tem for an animal ID in this Congress. origin labeling for meat and meat prod- the motion to strike. That needs to be done first. I intro- ucts. Congress authorized mandatory Mr. REHBERG. Mr. Chairman, I yield duced that amendment in the Com- COOL in the 2002 farm bill, and delay- 2 minutes to the gentlewoman from mittee on Agriculture last year. Iden- ing it further is an injustice to Amer- Connecticut (Ms. DELAURO). tify where the livestock comes from ican farmers, ranchers, and consumers. b 1430 first, then have the discussion about According to the Food and Drug Ad- whether it is mandatory or whether it ministration, which is the Federal Ms. DELAURO. Mr. Chairman, I is going to be an option for our pro- agency charged with ensuring food thank the gentleman for yielding me ducers. And whether it is a benefit to safety, less than 1 percent of all food this time. us from an economic standpoint, a re- products imported into the United I hear a lot of talk about voluntary, tail standpoint, that really needs to be States are inspected by customs. If a but we have no mandatory right to re- looked at from the marketing perspec- meat product enters the country shelf- call tainted products. We have vol- tive and the more voluntary perspec- ready, such as ground beef, it is not re- untary labeling of drugs, which can tive. But I say delay that until we quired at all to be inspected by the hurt people. We have voluntary mar- know where these animals come from. USDA. A USDA approval stamp only keting studies after a drug has been We are going to get that done in this appears on meat products which have brought to market. When are we going Congress in the next couple of years, been transformed into a graded cut. to do something that makes sure that and then we can take a look at it from What this means is that less than 1 per- we are protecting people’s interests? the perspective of what is the most le- cent of the beef that is imported from Country-of-origin labeling is about gitimate approach. But right now we foreign countries is inspected by the providing people the information they have our cart in front of our horse. USDA. The USDA is in place to protect need to make an informed choice to Ms. DELAURO. Mr. Chairman, I re- us. As a housewife and a mother, I protect the safety of their families. serve the balance of my time. would gladly pay a few extra cents on Thirty-five other countries that we Mr. REHBERG. Mr. Chairman, I re- every pound of hamburger or on every trade with, including Canada, Mexico, serve the balance of my time. pound of beef that I buy if I knew that members of the European Union, have Mr. BONILLA. Mr. Chairman, I yield that beef was produced in the United country-of-origin labeling. Seven out 1 minute to the gentleman from Texas States, because I would have a sense of of ten people say they are willing to (Mr. CONAWAY), a distinguished Mem- safety that my family was eating meat pay more to know where their food is ber from the great City of Midland. that was inspected, because all Amer- coming from. Mr. CONAWAY. Mr. Chairman, with ican beef is inspected. Food imports are increasing. The all due respect to my good colleagues Essentially, a shipment such as number of inspections of imported from Montana and others who have ground beef could be imported into meat is actually decreasing. Consumers spoken in favor of this, I rise in opposi- America from a foreign country and have a right to know, given the fact tion to it. wind up on a family’s dinner table hav- that we continue to have major recalls It is not about food safety. If it were ing never been inspected by American of meat products. This year we have about food safety, then the 52 percent authorities. Without the implementa- had over 30 recalls. of meat that Americans consume would tion of mandatory COOL, we will con- This effort is about being able to be involved in this labeling process, tinue under a voluntary program, and trace back contaminated product in and that is not the case. Any meat con- the status quo clearly does not effec- the event of a recall. Knowing the sumed in retail food establishments is tively protect the safety of American source of an outbreak is a critical part not affected by this labeling. So when consumers. of the process so that we can quickly one goes into their local restaurant America’s agriculture industry pro- take action to prevent people from get- and orders a steak, it will not come out duces some of the safest, highest qual- ting sick. It is critically important labeled as to where that steak comes ity products in the world. If given a considering the 76 million sicknesses, from. So if it was really about food chance, Americans will choose Amer- 5,000 deaths that occur every year from safety, my colleagues would be speak- ican products time and time again. food-borne illness. ing about that. Mr. BONILLA. Mr. Chairman, I yield Some say that if we halt the imple- It is really a marketing program, a 1 minute to the distinguished gen- mentation of the country-of-origin la- heavy-handed approach by this Federal tleman from Texas (Mr. ORTIZ). beling for meat, it will allow more Government to demand a marketing Mr. ORTIZ. Mr. Chairman, I rise in time to consider the impact on the food program that may or may not work. support of the Bonilla provision to industry. Congress has given the USDA The voluntary COOL program that the delay implementing mandatory coun- more than 2 years to design a program gentleman from Virginia (Mr. GOOD- try of origin labeling, which is known that is fair to all parties including in- LATTE) is proposing, of which I am a co- as COOL, for meat and meat products dustry and consumers. Country-of-ori- sponsor, will give the industry an op- for 1 year. This distinction is impor- gin labeling will not violate trade portunity to design a system that tant. This delay is for meat and associ- agreements, lead to retaliation. It will works for them. We all have to look at ated products alone. In the 2002 farm not bankrupt the food industry. It sim- the Certified Angus Beef programs and bill, we added the COOL requirement ply says to consumers they will know Idaho potatoes to understand that the for fruits and vegetables. The con- where their food comes from. We owe free market can, in fact, devise label- ference, however, expanded the man- the American people that. ing opportunities or labeling programs date to meat, fish, perishable agricul- I urge my colleagues to support the that do benefit consumers and allow tural commodities, and peanuts. As Rehberg-Hooley amendment. consumers to make that choice. So I most things not vetted by committees, Mr. BONILLA. Mr. Chairman, I yield stand against this amendment, with all these regulations brought a number of 1 minute to the distinguished gen- due respect. problems and unintended consequences. tleman from Iowa (Mr. KING). Ms. DELAURO. Mr. Chairman, I re- Several government and private stud- Mr. KING of Iowa. Mr. Chairman, I serve the balance of my time. ies have identified numerous costs thank the chairman for yielding me Mr. REHBERG. Mr. Chairman, I yield added, especially for consumers. this time. myself such time as I may consume. American families should not pay the I would address it this way, that I am As my colleagues noticed, this is price for marketing beef without it cool towards mandatory COOL, not to- about marketing essentially, and it is

VerDate jul 14 2003 04:10 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.087 H08PT1 H4242 CONGRESSIONAL RECORD — HOUSE June 8, 2005 about the fact that an entire industry are truly cattle producers. I am a pro- Having participated in the hearings and lis- was created in places like Texas to ducer. I still have to deal with this. tening to the worries of my constituents, I firm- take advantage of cheap Mexican Perhaps I will have to pay for it. But I ly believe a voluntary approach is a better so- calves, bringing them across the bor- know the American consumer will lution. I am pleased to cosponsor the Meat der, fattening them up, and selling want the opportunity to purchase my Promotion Act introduced by Agriculture Com- them in our food system without any livestock because I know where it came mittee Chairman GOODLATTE which requires knowledge of where they come from. from. It is a closed herd. It was born, it the Secretary of Agriculture to establish a vol- Born, raised, and processed means we was raised, and it is processed in Amer- untary program for labeling meat and meat are proud of USA agriculture, USA ica. products. I believe this legislation better fits livestock. That is what makes America great, is the true intent of country-of-origin labeling—to There is an unintended consequence, the opportunity to label. Voluntary maximize producer benefits and avoid the Mr. Chairman. The unintended con- does not work. If voluntary worked, we costs and regulatory intrusions that a govern- sequence is the gentleman from Texas’s would be doing it now. But it does not. ment-mandated program would entail. (Mr. ORTIZ) very own State loves the Why? Because the meat processors and Unfortunately, a ‘‘Fire, Ready, Aim’’ ap- country-of-origin labeling that was the supermarkets will not allow us the proach led to the creation of the current man- mandated by that same farm bill on opportunity to have it labeled. They datory country-of-origin labeling law. This fish. I will read one more time that say they can. They say they might. But issue clearly needs further attention and de- quote: ‘‘It’s a win-win situation for we cannot make them, and when we laying the implementation of the law for meat Texas,’’ said Agriculture Commissioner cannot make them, we have no influ- and meat products is a step in the right direc- ence nor ability to do it. Susan Combs. ‘‘Texans love to buy tion. I would like to reiterate that the provision Fruits and nuts will soon have coun- Texas products, and this way they’ll included in the agriculture appropriations bill try-of-origin labeling as well. It has know they’re getting the quality they been allowed to move forward, and only affects meat and meat products. love. In turn, sales will increase, pro- I urge my colleagues to support the appro- what they did is they segregated our viding a boost to Texas shrimp pro- priations bill and reject the Rehberg-Hooley support for country-of-origin labeling. ducers and the State’s economy.’’ amendment. They let the fish go. The Texas pro- They love it when it works to their Mr. REHBERG. Mr. Chairman, I yield ducers love it. They let fruits and nuts advantage. They are opposed to it when back the balance of my time. go. California and the rest of the pro- they think it might change something. Ms. DELAURO. Mr. Chairman, I yield ducers will like it. But they will not let This is a good piece of legislation. It back the balance of my time. livestock go for purely economic rea- may not, it may not be a health issue The CHAIRMAN. The question is on sons. the amendment offered by the gen- to the gentleman from Texas, but it ob- It is time we send a message to those tleman from Montana (Mr. REHBERG). viously is a health issue to some of our that are standing in the way and allow The question was taken; and the trading partners. us the opportunity to tell the Amer- On December 23, when the cow was Chairman announced that the noes ap- ican consumer born, raised, and proc- peared to have it. found in the State of Washington that essed in America means something. Mr. REHBERG. Mr. Chairman, I de- had Mad Cow disease, it took exactly 24 Buy American. hours for 60 of our trading partners to (Mr. HAYES asked and was given mand a recorded vote. shut off our exports, 60 of them. One- permission to revise and extend his re- The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings on third have now reopened those mar- marks at this point in the RECORD.) kets. Our largest export market has Mr. HAYES. Mr. Chairman, I rise today in the amendment offered by the gen- not, and that is Japan. So it is a health opposition to the amendment offered by Mr. tleman from Montana (Mr. REHBERG) issue with them. REHBERG and Ms. HOOLEY, I applaud Chair- will be postponed. The problem that exists right now, man BONILLA for including a provision in the Mr. HINCHEY. Mr. Chairman, I move and it was very quietly done, but on agriculture appropriations bill that would limit to strike the last word. May 21, as I mentioned before, the USDA’s funding for implementing the manda- Mr. Chairman, last night I went be- state of Durango in Mexico can no tory country-of-origin labeling law for meat and fore the Committee on Rules to seek longer send live cattle to the United meat products. The country-of-origin labeling the ability to offer an amendment to States along the Texas border because laws as currently written clearly requires more the bill today that would have given they were mixing cattle between two Congressional attention before going into ef- the Food and Drug Administration, the regions within their state, one that has fect by September 30, 2006. FDA, two critically important new au- the ability to be exported and the other As a member of the Agriculture Committee thorities to improve the agency’s drug that does not. These are the trading and as Chairman of the Livestock and Horti- safety operations. It would have given partners that are sending us their live- culture Subcommittee, I have held hearings to FDA the authority to require drug stock that we do not have the ability discuss how mandatory country-of-origin label- companies to conduct post-marketing to label where it came from. ing will affect the entire livestock industry. I studies of FDA-approved drugs and the Unfortunately, bovine TB is con- have personally heard the numerous concerns authority to mandate changes to the tagious, infectious, and a commu- of producers, processors, suppliers, and retail- labels of FDA-approved drugs. But the nicable disease. It affects cattle, bison, ers in trying to implement this onerous pro- Committee on Rules would not allow deer, elk, goats, and other species, in- gram. These hearings raised many questions, the amendment. cluding humans, and it could be fatal. and the livestock witnesses specifically point- Almost every week we hear about an- We want to know where our livestock ed out the tremendous potential for increased other unsafe drug and the significant came from. Is it so simple that we can- costs and unintended consequences. All of the harm that those drugs are doing to not understand that we currently ex- witnesses, regardless of being for or against millions of people. Yet Congress has empt some of the issues or some of the country-of-origin labeling, unanimously stated done nothing. The most recent case is products like beads and ball bearings that this is not a food safety issue but a mar- the cholesterol-lowering drug Crestor, and bolts and nuts and buttons, feath- keting issue. Saying labeling is needed be- which a recent study found is signifi- ers, hair nets? There are not many ex- cause of recent cases of BSE, for example, is cantly more likely than other drugs in ceptions to the labeling laws in this bogus—especially since this particular disease its class to cause muscle deterioration country: rags, ribbons, screws, sponges, does not occur in the muscle cuts we con- that can lead to kidney disease and wicking, candle, and livestock. Live- sume! kidney failure. stock because it is about the pocket- I have also heard concerns from many of Flip through the headlines of the last book. my constituents in North Carolina about this few months, and we will see many more I am here to stand before the Mem- issue. I can tell you that not one of them has examples. Of the two most significant bers today and ask them to support the said this law will bring them additional revenue drug failures of the last year, they are amendment. Give us the opportunity to or market advantages. They all express their antidepressants and Vioxx. For years, show that labeling livestock will be deep concern that this law will instead cause evidence was building that met with the same kind of enthusiasm significant burdens and headaches in order to antidepressants seem to cause an in- by the consumer and those of us who be in compliance with the law. creased rate of suicide among users,

VerDate jul 14 2003 04:10 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.089 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4243 particularly young people. The FDA, THAD COCHRAN, who have cosponsored a The CHAIRMAN. The gentleman however, failed to heed this evidence bill that would do almost exactly what from New York (Mr. HINCHEY) is recog- and delayed taking any action for I am proposing today. nized in support of his amendment. years because the agency said it did These changes cannot wait to hap- Mr. HINCHEY. Mr. Chairman, I know not have enough data to do anything pen. They cannot wait any longer. that this issue is controversial. I know about these reports of suicide. Delay is going to cost lives, many that there are Members of the House The reason for this was FDA could lives, tens of thousands of lives in all who really do not want to address it not order the drug companies to con- probability. The amendment should this afternoon. But we should put that duct further clinical trials after a drug have been made in order by the Com- aside. We should put it aside because is approved. When the agency finally mittee on Rules, and I am asking the the safety and security of the Amer- did have enough data back in 2003, it House now today to make this amend- ican people are at stake here. first sought to hide it but eventually ment in order. This amendment needs The Food and Drug Administration told antidepressant makers that there to be considered by the full House of was established by this Congress in needed to be a warning on suicide. Representatives, and it needs to be order to ensure that pharmaceuticals However, it took more than 9 months considered for no other reason than be- and subsequently various forms of med- before that warning was placed on any cause by not considering it, we are ical devices and other materials which drug label because the FDA had to ne- placing hundreds of thousands of peo- are used by people who are ill, that gotiate with the drug companies over ple across this country in dire jeop- those devices and materials can be used the label’s wording. Patients went 9 ardy. by people in a way that is safe and se- extra months without knowing all the We need a Food and Drug Adminis- cure and sound. But the fact of the risks. tration that can deal with the drug matter is that that is not happening, Vioxx was finally removed from the companies and with the medical manu- and we have the ocular proof in front of market last September because it in- facturing establishments that it alleg- us every single day. creased the risk of heart attacks and edly regulates, deal with them in an ef- I mentioned a few moments ago the strokes. Notably, it was the drug man- fective way, so that we can have true situation of antidepressants. These ufacturer, Merck, that removed the regulation on behalf of the safety and antidepressants came on the market drug, not the FDA. An estimated 90,000 security of the American people, which without proper, careful review; and in to 140,000 Americans suffered heart at- we do not have today and which this addition to that, they began to be mar- tacks and strokes as a result of Vioxx. Congress has refused to bring about. keted for off-label uses. As a result, So I am taking this opportunity, Mr. Of these, 30 to 40 percent, or as many as large numbers of teenagers, young peo- Chairman, to bring this amendment to 60,000 people, probably died. ple, people in their twenties, began to the floor of the House. I want this Dr. David Graham, a heroic doctor at use them when they should not have amendment considered, and I hope that the FDA, put these numbers into per- been using them, and the usage of every Member of the House will see it spective when he testified before the those antidepressants induced suicidal his or her duty to adopt this amend- Senate Finance Committee last No- potential in those people, and many of ment today. vember. He compared the number of them carried it out. Many, many peo- AMENDMENT OFFERED BY MR. HINCHEY heart attacks and strokes caused by ple took their lives in direct relation- Mr. HINCHEY. Mr. Chairman, I offer Vioxx to plane crashes. Dr. Graham ship to the use of those antidepressant an amendment. drugs. stated the Vioxx numbers are the The Clerk read as follows: equivalent of two to four airplane When that became apparent, the Amendment offered by Mr. HINCHEY: Food and Drug Administration was not crashes every week, week in and week At the end of the bill, insert after the last out, week after week, for the past 5 section the following: able to deal effectively with the drug years. If it really were planes that were SEC. 7ll. (a) POSTMARKET STUDIES.— manufacturers because they did not crashing, then the Congress would be Chapter V of the the Federal Food, Drug, and have the authority. They do not have doing something about it. Yet we have Cosmetic Act (21 U.S.C. 351 et seq.) is amend- the authority to tell the drug manufac- done nothing to empower the FDA to ed by inserting after section 505B the fol- turers that when a problem becomes lowing section: prevent another Vioxx. evident after the drug is on the market ‘‘SEC. 505C. POSTMARKET STUDIES REGARDING that the drug company should, at the FDA knew about the dangers of SAFETY OF DRUGS; PHASE 4 STUD- Vioxx more than 5 years ago, and in IES. very least, change the label, put infor- 2002 the agency decided Vioxx’s label ‘‘The Secretary may require that the man- mation on the label that tells people needed to have a warning about the in- ufacturer of an approved drug conduct one or this kind of experience has been shown creased risk of heart disease. Yet it more studies to confirm or refute an empir- to happen by this group of people so ical or theoretical hypothesis of a significant took nearly 14 months before that that people can be warned about it and safety issue with the drug (whether raised therefore not be likely to take it and warning was added to Vioxx’s label be- with respect to the product directly or with cause the FDA again had to negotiate respect to the class of the product) that has so that doctors can understand that the wording with the drug company. been identified pursuant to— and not be likely to prescribe it. FDA could not simply tell Merck that ‘‘(1) the MedWatch postmarket surveil- That simple act would save the lives its label must say Vioxx causes in- lance system; of tens of thousands of people. Failing creased risk of heart attacks and ‘‘(2) a clinical or epidemiological study; to do it almost inevitably is going to strokes. Nor could FDA order Merck to ‘‘(3) the scientific literature; cost the lives of tens of thousands of ‘‘(4) a foreign government that regulates conduct a new clinical trial about Americans, because it will not be much drugs or devices; longer before we see another Vioxx’s safety when the FDA learned of ‘‘(5) an international organization con- other studies indicating safety prob- cerned with the safety or effectiveness of antidepressant situation or Cox-2 in- lems. drugs or devices; or hibitor situation, Vioxx situation, ‘‘(6) such other sources as the Secretary come on the market if we do not b 1445 determines to be appropriate.’’. change the rules, if we do not give the My amendment would change that. (b) ORDER REGARDING POSTMARKET LABEL- FDA the power to deal effectively with These commonsense changes are nearly ING.—Section 502 of the the Federal Food, these drug manufacturers. universally accepted by patient safety Drug, and Cosmetic Act (21 U.S.C. 352) is The Vioxx case is a very clear, strong organizations, endorsed by nearly amended by adding at the end the following: case in point. After a certain period of ‘‘(x) If it is a drug and the Secretary deter- every major medical journal, and even mines that its labeling fails to provide infor- time when that drug was on the mar- by a few drug companies. FDA’s own mation, including specific wording, required ket, it became obvious that people who director of the Office of New Drugs has by the Secretary by order on the basis that were taking it were suffering strokes said she believes it would be extremely the information is necessary to ensure its and/or heart attacks. The FDA, when it helpful for the agency to have these safe and effective use.’’. became aware of that, was not able to powers and authorities. They are also Mr. BONILLA. Mr. Chairman, I re- do anything effectively about it. They endorsed on a bipartisan basis, includ- serve a point of order against the gen- did not even ask the drug company to ing by Senators CHARLES GRASSLEY and tleman’s amendment. take the drug off the market.

VerDate jul 14 2003 04:10 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.090 H08PT1 H4244 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Finally, Merck came to the table and they passed out the rule from the Com- Mr. SCHWARZ of Michigan. Mr. properly removed Vioxx from the mar- mittee on Rules, they did not protect Chairman, CCC funds are transferred to ket, but only after hundreds of thou- this amendment under the rule. That APHIS because of foreign Animals, Pests & sands of people in this country were se- does not mean that it cannot be consid- Diseases that have come into the United riously affected, and we estimate at ered by the House. The House can only States and are destroying agriculture re- least 60,000 people lost their lives, and avoid dealing with this issue if a Mem- sources and products. Since this is a tight the number may be higher than that; ber chooses to block the House from budget year and the dollars appropriated will and all of that began to get the atten- acting on it. not fully take care of the emergency situation tion of the press and people across the Mr. Chairman, I would urge the gen- of the spread of EAB and the millions of ash country began to understand it. tleman from Texas to withdraw his trees in need of more attention from the CCC Now, for God’s sake, what are we point of order so that we can vote on and OMB. doing here? Are we just going to stand this most crucial issue. But if the gen- Therefore, this amendment is a sense of by idly while these circumstances con- tleman does not withdraw his motion, Congress to support the requests of USDA tinue to happen, while more and more then I would, reluctantly, as I am sure and APHIS to fund the eradication program of drugs come on the market, week after would the sponsor of the amendment, EAB within Michigan before it spreads to other week, month after month, while more have to concede the point of order. states. and more people take them without un- The CHAIRMAN. Does any other Michigan has natural barriers which are the derstanding the implications and more Member wish to be heard? great lakes that provide a natural containment and more people suffer, even die, as a Ms. DELAURO. Mr. Chairman, I wish with this emergency eradication plan. result of that? to speak on the point of order. This is an emergency situation for our agri- This Congress has the responsibility Mr. Chairman, I want to echo my col- culture community and as with any invasive to act. We need to make that Food and leagues’ comments, because I think species, we continue to run in to the obstacle Drug Administration live up to its re- that we have an obligation. In my of funding from OMB. With this amendment sponsibilities. And by simply saying in opening comments, I said that I be- we want the OMB to reconsider the severity of a technical way that, no, we cannot do lieved that this bill is about what the the EAB situation. This amendment is meant it today, that does not meet the need, House of Representatives and Members to suggest, in strong terms, that it is not by any stretch of the imagination. who are part of this effort have been Congress’s intent that the mechanism within This amendment needs to come to asked to do, and we have been asked to this statute is to be used to meet the foreign the floor, and this amendment needs to protect the public interest on a whole pest emergency needs of Indiana, Ohio, Vir- get the kind of attention that it prop- variety of measures, and, in this case, ginia, Maryland & Michigan. erly deserves on behalf of the safety we are talking about life and death. Mr. BONILLA. Mr. Chairman, will and security and the lives of the Amer- The CHAIRMAN. The gentlewoman the gentleman yield? ican people and to be adopted. must confine her remarks to the point Mr. SCHWARZ of Michigan. I yield to So I move the amendment, and I ask of order. the gentleman from Texas. my colleagues to embrace it today. Ms. DELAURO. Mr. Chairman, it Mr. BONILLA. Mr. Chairman, the Vote for it; support it. Let us pass it would seem to me that the regular gentleman has discussed this amend- this afternoon. order of the House would be to allow ment with us and with the minority; POINT OF ORDER legislation that in fact meets the defi- and to forgo further debate, I would be Mr. BONILLA. Mr. Chairman, I make nition or the goal of the mission that happy to accept the amendment. a point of order. we have been entrusted with. I wish Mr. SCHWARZ of Michigan. Mr. The CHAIRMAN. The gentleman will that the Committee on Rules would Chairman, reclaiming my time, I thank state his point of order. have made this amendment in order be- the chairman and am delighted that he Mr. BONILLA. Mr. Chairman, I make cause it is so critical to public safety. has decided to accept the amendment, a point of order against the amend- I concur with my colleague when he and we will move on. ment because it proposes to change ex- says if it is not made in order, then we Ms. KAPTUR. Mr. Chairman, I rise in sup- isting law and constitutes legislation have to concede the point of order. But port of the Schwarz amendment emphasizing in an appropriation bill and therefore what we are conceding is the life and the intent of Congress that full funding for the violates clause 2 of rule XXI. The rule death of American people, and that is control of Emerald Ash Borer must be pro- states in pertinent part: ‘‘An amend- not the regular order. vided. I had intended to offer an amendment ment to a general appropriations bill The CHAIRMAN. The Chair is pre- emphasizing the need for emergency funding shall not be in order if changing exist- pared to rule. and thank Chairman BONILLA for his work with ing law.’’ The Chair finds that this amendment us on this issue, and with respect and appre- This amendment directly amends ex- proposes directly to change existing ciation knowing we still have much to work on isting law. law. The amendment therefore con- will not extend floor debate today. I ask for a ruling from the Chair. stitutes legislation in violation of It is vital that we take action as quickly as The CHAIRMAN. Does any Member clause 2 of rule XXI. possible to deal with control and containment wish to be heard on the point of order? The point of order is sustained and this year. USDA, at the order of the Office of Mr. OBEY. Mr. Chairman, I would the amendment is not in order. Management and Budget, has not been able like to be heard on the point of order. AMENDMENT NO. 9 OFFERED BY MR. SCHWARZ of to fully respond to the requests for funds from Mr. Chairman, it is hard for me to be- MICHIGAN Ohio and Michigan. Ohio recently requested lieve that the rules of this House do Mr. SCHWARZ of Michigan. Mr. an additional $10.1 million that is needed im- not help ensure that the people we rep- Chairman, I offer an amendment. mediately. resent can trust their government. It is The CHAIRMAN. The Clerk will des- The Emerald Ash Borer was identified in hard for me to believe that the rules of ignate the amendment. Michigan in July, 2002. It has been in Michi- the House would mean that this House The text of the amendment is as fol- gan for perhaps five years, having come in can busy itself telling other people how lows: packing material from Asia. they should deal with end-of-life issues Amendment No. 9 offered by Mr. SCHWARZ Since then, several counties in southeastern for dear ones, telling independent of Michigan: Michigan and now counties in northwestern courts that they should not be quite so Add at the end (before the short title) the Ohio have been infected with this creature. Lit- independent, and yet would not allow following new section: erally billions of ash trees are at risk unless the supposedly greatest legislative SEC. 7ll. It is the sense of Congress that this creature is stopped. Regrettably, there is body in the world to deal with a direct the Secretary of Agriculture should use the no known way to eradicate the insect without obligation of government, which is to transfer authority provided by section 442 of starving it from new wood sources. So as the Plant Protection Act (7 U.S.C. 7772) to ensure the public safety of the Amer- implement the strategic plan developed by trees by the thousands are being cut down in ican people. the Animal and Plant Health Inspection our region. This amendment would be in order if Service for the eradication of Emerald Ash As I said, the State of Ohio has recently no Member objects to it. The Com- Borer in the States of Michigan, Ohio, and asked the Department of Agriculture for an ad- mittee on Rules, as I understand, when Indiana. ditional $10.1 million in emergency funding to

VerDate jul 14 2003 04:10 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K08JN7.092 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4245 control the spread of this insect. This is in ad- from Texas (Mr. BONILLA) will control very narrow support and approval they dition to the $11.6 million that was requested 15 minutes in opposition. did as a result of those conflicted sci- earlier this year, although USDA provided only The Chair recognizes the gentleman entists’ votes. $10.2 million. This is in addition to more than from New York (Mr. HINCHEY). Last year, when there was a huge $50 million that has already been provided to Mr. HINCHEY. Mr. Chairman, I yield controversy around the link between Michigan to control the spread of the insect myself such time as I may consume. antidepressants and suicide, especially from its primary infestation site. Mr. Chairman, my amendment would among young people, the FDA con- Mr. Chairman, Ohio needs more funding prohibit the Food and Drug Adminis- vened an advisory panel to make rec- now to control this insect for which it bears no tration from appointing scientists who ommendations on how the agency responsibility. Neighborhoods are being dev- have conflicts of interest to FDA advi- should handle those drugs. Three of the astated in Ohio, as they already have been in sory committees. The amendment does 11 scientists on that committee had Michigan. Businesses are adversely affected. not change current law; it simply been paid consultants to the manufac- Property values are being adversely affected. makes sure that the FDA is adhering turers of those antidepressants. The longer we take the provide effective con- to current law. These examples are just the tip of the trols, the more damage will be caused, the The FDA is charged with protecting iceberg. Advisory panels on OxyContin, broader the area of infestation will become, the public health and, to assist with oncology drugs, even over-the-counter and the more it will ultimately cost to end this this mission, the FDA relies heavily on athletes’ foot creams, all had scientists infestation. advisory committees composed of out- with conflicts of interest. Almost every I had planned to offer my own amendment side scientists to guide the agency pol- advisory committee meeting begins calling for emergency use of funds to deal with icy on the safety and effectiveness of with an FDA statement waiving the this problem, even though I know that the bill drugs and medical devices when ques- conflicts of interest of some of the sci- already provides some funding for emerald tions arise regarding those products. entists on that panel. ash control in the coming year—$14 million While the FDA is not bound by the de- If you think that scientists who rely even though expert opinion suggests that we cisions of these panels, the agency on drug companies for their financial will need $55 million. Hopefully this money will itself calls advisory committees one of wherewithal are going to recommend come via the emergency route. its most important resources for help- that the FDA take action that will Chairman BONILLA and ranking member ing to regulate the over 150,000 mar- harm the company that is paying DELAURO, I thank you for your support. I want keted medical products that the FDA them, then you are living in a fantasy to work with you to secure the right level of oversees. world. funding to deal with this disease, as well as Because of the critically important The FDA claims that it cannot find the many other invasive species pests that nature of these committees, there enough qualified scientists without plague several states. They may be different should be no question as to whether conflicts of interest to fill its advisory in their makeup, but they are equally dev- the committee members are looking committees. This statement is laugh- astating to the communities they infest. out for the public health. But recent able on its surface and an insult to the The CHAIRMAN. The question is on FDA actions have created serious thousands of independent doctors the amendment offered by the gen- doubts about whether committee mem- across this country. It is also not accu- tleman from Michigan (Mr. SCHWARZ). bers are serving only the public inter- rate. As the medical journal, The Lan- The amendment was agreed to. ests and, as a result, industry biases cet, recently editorialized, ‘‘It is hard AMENDMENT OFFERED BY MR. HINCHEY now taint many advisory panel deci- to believe that in a country with 125 sions. Mr. HINCHEY. Mr. Chairman, I offer medical schools, not to mention the Over the past few years, the FDA has an amendment. pool of international experts, the FDA routinely waived conflict of interest The Clerk read as follows: cannot find experts who do not have fi- prohibitions and appointed scientists nancial ties with companies whose Amendment offered by Mr. HINCHEY: with direct conflicts of interest to Page 83, after line 19, insert the following products are under review.’’ Of course, section: serve on these critical public panels. the FDA can find scientists without SEC. 7ll. None of the funds made avail- These appointments completely under- conflicts of interest. They just do not able in this Act may be used— mine the objectivity of this outside ad- want to do it, and they are not doing (1) to grant a waiver of a financial conflict vice and bias the committee’s rec- it. of interest requirement pursuant to section ommendations, which are reached by a Advisory committees are critical 505(n)(4) of the Federal Food, Drug, and Cos- vote of the panel members, some of parts of the FDA’s regulatory scheme, metic Act for any voting member of an advi- whom have financial ties to the prod- and they should be free of any direct sory committee or panel of the Food and ucts being reviewed by that very same conflict of interest. Without this, there Drug Administration; or (2) to make a certification under section panel. is no way to assure the public that a 208(b)(3) of title 18, United States Code, for There have been numerous high-pro- panel’s recommendations are fair and any such voting member. file examples of this over the past 18 unbiased and in the interest of the pub- months. Just this past April, for exam- lic health. 1500 b ple, the FDA convened an advisory After one of the most tumultuous Mr. HINCHEY (during the reading). committee to examine whether or not years in the FDA’s history, this Mr. Chairman, I ask unanimous con- to allow silicon breast implants back amendment is needed to restore the sent that the amendment be considered on the market. That committee con- public’s confidence and integrity that as read and printed in the RECORD. tained a scientist who had just re- has been lost in the FDA’s advisory The CHAIRMAN. Is there objection cently made a promotional video for a system. A wide range of public health to the request of the gentleman from manufacturer of those implants. groups support this amendment, and New York? Two months prior to that, the FDA numerous recent editorials have called There was no objection. convened an advisory panel to review for this kind of reform. I urge all of my Mr. BONILLA. Mr. Chairman, I ask the safety of Cox-2 inhibitors, drugs colleagues to support this amendment. unanimous consent that debate on this like Vioxx, which have caused tens of Mr. Chairman, I reserve the balance amendment and any amendments thousands of heart attacks and of my time. thereto be limited to 30 minutes, to be strokes. Ten of the 32 scientists on that Mr. LATHAM. Mr. Chairman, I yield equally divided and controlled by the panel had direct financial links to the myself such time as I may consume. proponent and myself, the opponent. manufacturers of those drugs. When it Mr. Chairman, I rise in opposition to The CHAIRMAN. Is there objection came time for the committee to make the amendment. Let me explain what to the request of the gentleman from its recommendations, those ties made this extreme restriction on the Food Texas? all the difference. Without the votes of and Drug Administration would do. There was no objection. the ten conflicted scientists, two of The amendment would not allow fund- The CHAIRMAN. The gentleman those three drugs and the Cox-2 inhib- ing to grant conflict of interest waivers from New York (Mr. HINCHEY) will con- itor class would have been voted down for any Food and Drug Administration trol 15 minutes, and the gentleman by the panel, instead of receiving the advisory committee. The effect would

VerDate jul 14 2003 04:10 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.039 H08PT1 H4246 CONGRESSIONAL RECORD — HOUSE June 8, 2005 be that the top experts in the field of When enacted, this amendment will astounding to me to see what has hap- vaccine research or cancer treatments also start to contribute to and rebuild pened to this industry in the last 30 or cardiac devices would not be able to the credibility of the actions of FDA. years and the willingness for them to advise the Federal Government about We cannot have even the aura of influ- take advantage of the American people vaccines, biological products, medical ence by the pharmaceutical industry or over and over and over again. devices, and drugs. other regulated industries when it Mr. Chairman, if this body is going to The conflict of interest waivers exist comes to the FDA. do anything to serve the public health so that the most knowledgeable sci- Surely, in a country that is renowned and welfare of our people on this day, entists, the ones you would want to for its scientific and medical expertise, we should pass this amendment, and I consult if your own family was ill, can I think we have 125 medical schools in thank the gentleman from New York advise government agencies. These top the United States, that it is possible to for courageously bringing it to the scientists are few in number and very find scientists without conflicts of in- floor of this House. specialized. Most of them have worked terest to advise the FDA and to protect Mr. LATHAM. Mr. Chairman, I con- in research sponsored by industry at the public health. tinue to reserve my time. some point in their careers. We in Con- I urge support for the Hinchey Mr. HINCHEY. Mr. Chairman, I yield gress devised this waiver system so amendment. 2 minutes to the gentleman from that such experts could serve the gov- Mr. HINCHEY. Mr. Chairman, can I Michigan (Mr. STUPAK). ernment when the need for their serv- inquire as to how much time is remain- Mr. STUPAK. Mr. Chairman, I rise ices outweighed the potential of con- ing? today in support of the Hinchey flict of interest due to financial ties to The CHAIRMAN. The gentleman amendment, and I appreciate the effort the industry. from New York has 8 minutes remain- he has been doing with these last two Since many fields of research are spe- ing. amendments, and I hope we will con- cialized and unique, the conflict of in- Mr. HINCHEY. Mr. Chairman, is tinue his work, because the amend- terest waivers are necessary. The there anyone on the other side who ment is very important. It will help us granting of a waiver is not pro forma wishes to speak on the amendment? put a stop to the conflict of interests but a measured decision by an impar- Mr. LATHAM. Mr. Chairman, I re- which actually weakens the drug ap- tial party. In some cases, waivers are serve the balance of my time. proval process. granted only for participation in the The CHAIRMAN. The gentleman The FDA advisory committees are advisory group discussion, and the in- from Iowa has 13 minutes remaining charged with ensuring that the medi- dividual is not permitted to vote on the and reserves the balance of his time. cines our families take are safe and ef- advisory committee recommendation. Mr. HINCHEY. Mr. Chairman, I yield fective. I would also like to draw the atten- 1 2 ⁄2 minutes to the gentleman from Ar- b 1515 tion of my colleagues to the term ‘‘ad- kansas (Mr. BERRY). visory.’’ Advisory committees make Mr. BERRY. Mr. Chairman, I thank Current law prohibits conflicts of in- recommendations to FDA but do not the gentleman from New York for terest between the members on the ad- vote on product approvals. Product ap- yielding me this time. visory committee and the companies proval decisions are made by federally As I hear this discussion move for- whose drug is being examined by the employed scientists. ward, I find it nothing short of abso- advisory committee. I would ask my colleagues not to lutely amazing that anybody can rise Though the FDA has the authority to cripple the advisory committee system to defend the current system. waive this prohibition under certain by making it impossible to recruit the The pharmaceutical industry in this limited circumstances, this exception appropriate level of scientific exper- country is corrupt from top to bottom. has now become the rule, and too often tise. Please vote no on this amend- They have corrupted the Food and the FDA places scientists with finan- ment. Drug Administration. They have cor- cial connections to the drugs they are Mr. Chairman, I reserve the balance rupted academia to the point where examining on the advisory committees. of my time. Mr. HINCHEY. Mr. Chairman, I yield they pay anybody that might ever Conflicts of interest create disastrous 2 minutes to the gentlewoman from issue an opinion about any of their consequences. In some cases, one-third products, and this continues to get of the advisory committee’s appointees Connecticut (Ms. DELAURO). Ms. DELAURO. Mr. Chairman, I worse day by day. We have evidence to do part-time consulting work, research thank the gentleman for yielding me all of these things, and it is absolutely or own stock in the companies whose this time. and utterly ridiculous that we do not drugs they are considering. Such a I rise to speak on the Hinchey hold FDA accountable to provide a sys- committee approved the drug Vioxx. As amendment to require that the FDA tem of unbiased opinions so that the many as 100,000 people have been in- stop waiving conflict of interest revela- American people can get a safe prod- jured by taking Vioxx. Had the mem- tions by their advisors and to start to uct. We have seen the results of this bers of the advisory committee with make an affirmative search for sci- corrupt system and the willingness of ties to the industry been removed, entists who can give unconflicted ad- our own government to allow the phar- Vioxx would not have been approved. vice to this critically important agen- maceutical industry to continue to rob Some will argue and some may argue cy. our own people, and it goes on and on that scientists with financial connec- Unfortunately, there is abundant evi- and on. It is wrong. It does not make tions to the industry may still be unbi- dence that scientists are being invited any sense. It puts the public health at ased. However, this week an article in onto and accepted onto these commit- risk. the Philadelphia Inquirer reported that tees, even when they tell the FDA that We just had a big debate on whether senior executives at Merck threatened they have a conflict. They are per- or not to label meat and where it to damage a Harvard researcher’s ca- mitted to serve, regardless of conflict. comes from. We know what these drugs reer if he publicly lectured about the This must stop. will do, we have plenty of people that health effects of Vioxx. Other agencies, such as the NIH, have know what they will do, and when we In such an environment, where those regularly found unconflicted, fully put the information out there, anybody who are trying to help protect our fam- qualified professional advisors so that can figure it out. You do not have to be ilies are threatened by drug companies, the agency can receive the best, unbi- all broke out in brilliance to know it is inconceivable that advisory com- ased advice possible. when this stuff is bad. But when you mittee members can remain unbiased I am mindful that there may be sci- are on the payroll of these companies, as they examine their part-time em- entists whose expertise deserves to be folks just kind of seem to have a little ployer’s drugs. The financial interests presented to an advisory committee, trouble saying, this is a terrible drug are too great, not only for those who and nothing in this amendment, as I and we do not want to put it on the sit on the advisory committee, but also understand it, precludes these individ- market. It is a bad idea. the drug companies who produce these uals from being asked to testify before I am the only registered pharmacist drugs, and do whatever they can to get a committee. in the United States Congress, and it is them approved.

VerDate jul 14 2003 04:10 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.099 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4247 We have so much work to do in this stipulate that you cannot construct a Amendment offered by Mr. SWEENEY: area. The Hinchey amendment does not panel without having people with a At the end of the bill (before the short put any new requirements upon the conflict of interest. title), insert the following new section: SEC. ll. None of the funds made available FDA, merely enforces the law as is I am just asking the Members of this in this Act may be used to pay the salaries written; and this Congress should stand body to tell the Food and Drug Admin- or expenses of personnel to inspect horses up and enforce the law as explained in istration that when you draw together under section 3 of the Federal Meat Inspec- previous Congresses. a panel, do the same thing that other tion Act (21 U.S.C. 603) or under the guide- Mr. LATHAM. Mr. Chairman, I yield regulatory bodies do. Make sure that lines issued under section 903 the Federal Ag- myself such time as I may consume. among the members of those panels, riculture Improvement and Reform Act of I would like to note that in response there is no one who is conflicted in 1996 (7 U.S.C. 1901 note; Public Law 104–127). to past amendments in the same effect, their interests. Mr. BONILLA. Mr. Chairman, I ask the Office of Government Ethics has No one who is being monetarily com- unanimous consent that debate on this said the government would be depriv- pensated by the entity that is being amendment and any amendment there- ing itself of much of the best and most regulated; in the case of the drug com- to be limited to 30 minutes to be equal- relevant outside expertise in many panies no one who is getting money ly divided and controlled by the pro- areas. from the drug companies, no one who is ponent and myself, the opponent. The amendment would prohibit waiv- on the payroll of drug companies. That The CHAIRMAN. Is there objection ers for financial interests that are so is all you have to do. It is a very simple to the request of the gentleman from insubstantial, remote, or inconsequen- thing. There are thousands of people to Texas? tial that they are typically permitted, reach out to who are capable and quali- There was no objection. even for regular full-time government fied to come onto those panels and Mr. SWEENEY. Mr. Chairman, I employees. make those kinds of decisions. yield myself such time as I may con- They went on to say, existing law To say that you cannot put together sume. strikes the correct balance between a panel without including in it one- Mr. Chairman, several weeks ago we protecting the government from inap- third of the members who are con- passed on the floor here an amendment propriate conflicts of interest and rec- flicted in their interests is absolutely banning the slaughter of wild horses ognizing the need for temporary ex- ridiculous. that had been sneaked into the omni- perts who may have unavoidable con- And so, Mr. Chairman, I ask the bus bill by a substantial bipartisan flicts in relevant fields of inquiry. I Members of this body to do something vote. think those concerns are relevant to that is in the best interests of the peo- This amendment I offer today is a the Hinchey amendment before us and ple of our Nation. Let us have a Food supplement to that amendment, and support a ‘‘no’’ vote on this amend- and Drug Administration that is actu- one that we have sought a vote on, an ment. ally carrying out its regulatory au- up-or-down vote, for several years in Mr. Chairman, I reserve the balance thorities as this Congress set them up this body. For that reason in par- of my time. to do. ticular, I want to thank the sub- Mr. HINCHEY. Mr. Chairman, I yield Let us have an FDA that actually committee chairman for affording us myself such time as I may consume. regulates the entities. this opportunity. Mr. Chairman, I frankly find the ar- Mr. Chairman, I yield such time as The amendment essentially would guments that have been presented she may consume to the gentlewoman end the use of taxpayer dollars to en- against this amendment, in a word, in- from Connecticut (Ms. DELAURO). able and subsidize foreign enterprises, credible. They seem to me to be com- Ms. DELAURO. Mr. Chairman, let me largely operating in opposition to the ing from the entities in our country, in just ask a point of inquiry here. As I vast opinion and support of United our economy, that need regulation. It understand it, this amendment is for a States citizens, and in fact the major- seems as if the words were written by year’s duration? ity of States have outlawed the slaugh- them. Mr. HINCHEY. Mr. Chairman, will ter of horses for human consumption; We have 125 medical schools in this the gentlewoman yield? and yet this process continues on. country. We have a bevy of expert sci- Ms. DELAURO. I yield to the gen- Mr. Chairman, there has been a lot of entists who are capable of dealing with tleman from New York. misinformation spread about this these kinds of issues. For anyone to Mr. HINCHEY. That is correct. issue. The opposition will say this stand on the floor of this House and say Ms. DELAURO. Does it not make amendment will lead to an increase in that you cannot construct a panel, an sense that we try this to see what is the abuse of horses, or horses running advisory panel to advise the Food and workable? I mean, we are not talking wild in our streets. Such statements Drug Administration with regard to about in perpetuity. Am I right in my are not true, and I want to offer some the safety and security of a particular assessment of that? facts. drug without putting on that panel Mr. HINCHEY. The gentlewoman First of all, each year 65,000 horses one-third of the members who are con- from Connecticut (Ms. DELAURO) is are slaughtered in this country for flicted in their interests, who are being correct. This would simply be for 1 human consumption in Europe and in paid by the economic entities that are year. It is a trial, in effect; and we Asia, not here, where they are sold as a about to be regulated, or should be reg- ought to put it in place. delicacy. ulated, or who have done commercial Mr. LATHAM. Mr. Chairman, I yield Another 30,000 are trucked to Canada advertisements for some of those enti- back the balance of my time. and Mexico for slaughter. ties, that you cannot construct a panel The CHAIRMAN. The question is on Misstatement number one, that slaugh- without having a third of the members the amendment offered by the gen- ter is the same as humane euthanasia, with that kind of conflict of interest, is tleman from New York (Mr. HINCHEY). it is not, Mr. Chairman. Slaughter is the most absurd statement I think I The question was taken; and the not the same as humane euthanasia ad- have ever heard uttered on the floor of Chairman announced that the noes ap- ministered by a veterinarian. Eutha- this House. peared to have it. nasia of horses is administered by le- We have scientific bodies throughout Mr. HINCHEY. Mr. Chairman, I de- thal injection, whereas slaughter is ad- our government and throughout the mand a recorded vote. ministered by unskilled, untrained private sector, throughout the Na- The CHAIRMAN. Pursuant to clause workers using the captive bolt. Many tional Institutes of Health, throughout 6 of rule XVIII, further proceedings on times this is administered improperly, any number of scientific organizations, the amendment offered by the gen- causing unnecessary pain and suffering who put together panels; and they are tleman from New York (Mr. HINCHEY) before death, and that is after these never obliged to include within those will be postponed. horses have been transported in excess panels people who are conflicted in AMENDMENT OFFERED BY MR. SWEENEY of 1,000 miles in the most inhumane their interests with regard to the deci- Mr. SWEENEY. Mr. Chairman, I offer conditions perceived. sions that are going to be made by an amendment. Misstatement number two, that if those panels. It is ridiculous, absurd to The Clerk read as follows: this legislation is successful, we will

VerDate jul 14 2003 04:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.103 H08PT1 H4248 CONGRESSIONAL RECORD — HOUSE June 8, 2005 cause an overpopulation of horses. Pas- And, quite frankly, this legislation horse owners in the world, strongly op- sage of this amendment will not cause has been opposed by me and many oth- poses this amendment. The American an overpopulation of horses, since each ers, but it is also a fact that this par- Painted Horse Association, the second year the numbers are this, about 690,000 ticular amendment is far worse than largest association of horse owners, op- horses die in the U.S., many of which the legislation that the gentleman has poses this amendment. More than a are euthanized by licensed veterinar- offered for this reason: the principal dozen State horse councils, including ians. concern stated by the gentleman from the New York State Horse Council and Slaughter represents only 1 percent New York (Mr. SWEENEY) is that the the Virginia State Horse Council, op- of the horses that die each year, and manner of the transport and the actual pose the gentleman’s legislation. this would not result in overpopulation slaughter of these horses is inhumane. It is also opposed by those who take of horses as some have suggested. But this amendment would simply care of the health of our horses, very Mr. Chairman, it is simply this: limit the inspection of the horses for respected organizations like the Amer- Americans do not profit from slaugh- the purpose of slaughter; does not in ican Veterinarian Medical Association, tering horses. Horses are not bred in any way stop what his other legislation the American Association of Equine the United States for that purpose. at least attempts to do, that is, the Practitioners. More than 7,000 horse This is an export-driven market. For- transport of the horses to Canada, Mex- doctors, the people who take care of eigners eat our horses and foreign com- ico or anywhere else for the purpose of horses themselves, are concerned about panies make money off the sale of the slaughter. The effect of that then is the implications of what this amend- meat. This amendment simply says that the inhumane transport and the ment will have if it is allowed to go that the use of American taxpayer dol- slaughter itself continue, but the into effect and ban the slaughter of lars to pay for the salaries and the horses are transported far greater dis- horses. work of USDA inspectors ought to tances. Now, I do not believe anybody in this stop, and those resources ought to be Now, the gentleman makes reference room eats horses. What this is about is committed to making sure the food to the fact that this is only 1 percent of what is the best approach for the hu- supply and the food chain here in this the horses that die each year. And he mane treatment of horses, and the country are fully protected. cites 65,000 as a figure. But I would sug- American Veterinarian Medical Asso- Let us stop this practice, a practice gest to the gentleman that he is way, ciation and the American Association of Equine Practitioners recognize the that flies in the face of generations of way, way off on his numbers, because method by which horses are slaugh- precedent here in Congress and strong there are not 65,000 times 100 or 61⁄2 mil- tered in the United States as a humane opposition by the American public. lion horses dying each year in this method of euthanasia of disposing of Mr. Chairman, I reserve the balance country. horses. of my time. With the average life expectancy of a Mr. BONILLA. Mr. Chairman, I do So the bill does not prohibit other horse of more than 25 years, that would means of deposition of horses. If people rise in opposition to this amendment, mean that we have more than 150 mil- and yield myself such time as I may still want to put down their horse by lion horses in the United States. We do some other means, it does not stop consume. not have anywhere near that number. The gentleman from New York (Mr. them from doing that. It will simply So this percentage is a far higher per- stop the proper inspection of these SWEENEY), for whom I have a great deal centage. horses, which, as the gentleman from of respect, has worked on this issue for That gives rise to the concern raised some time. I know he also has a sepa- Texas correctly notes, will deprive us by the gentleman from Texas (Mr. of a lot of useful information that will rate legislating bill that he is trying to BONILLA) and many others that you are be gathered by those veterinarians move through the process, where this going to have hundreds of thousands of about diseases and so on that will con- issue and this whole topic could be unwanted horses, perhaps at the rate of front these horses if indeed they do not more appropriately addressed through as many as 50,000 a year according to get properly inspected and they have the authorizing committee. the American Veterinary Medical Asso- serious diseases. This amendment will shut down an ciation. At a cost of $2,000 per horse to Other organizations that oppose this: industry without having a hearing, or take care of them, that is a hundred The American Farm Bureau opposes any due process. The amendment cre- million dollars times the average life this legislation. The American Meat ates a crisis for animal health issues. It expectancy that would remain in the Institute opposes this legislation. The prohibits USDA from inspecting horses lives of these horses if they were not Equine Nutrition and Physiology Soci- that may have West Nile virus, or ve- sent to slaughter. ety opposes this legislation. The Ani- sicular stomatitis, both of which can If that average is 10 years, you are mal Welfare Council opposes this legis- affect other animals and humans if talking about a billion dollars after lation. The National Horse Show Com- those horses are destined for slaughter. you get 10 years out from now in terms mission opposes this legislation. Orga- The estimated cost to feed and care of having to support and take care of nizations that represent literally mil- for 50,000 horses is at least 60 to $100 these horses. lions of horse owners in this country million per year. Who will pay, or will Now, the gentleman says no problem and elsewhere around the world oppose more horses go to the rendering plant with that, but the evidence is pretty this legislation because of their con- instead? What is the real effect of this sparse that there will not be any prob- cern, not about whether somebody is measure? There is no way of knowing, lem with that because no country any- eating horses or not but whether or not because it has not been vetted through where ever, ever has banned the these horses will be treated humanely the process. slaughter of horses. That is what his if they are not allowed to go through Demand for the product will not amendment would accomplish. the process they go through today. change. Almost all of the meat from b 1530 So I urge my colleagues to oppose the U.S. is exported, and those coun- this amendment. It is not in the best tries will simply find another source. I So I suggest that that is a very, very interest of America’s horses, it is not oppose this amendment very strongly. bad idea with far-reaching complica- in the best interest of America’s horse Mr. Chairman, I yield for as much tions. owners, and it is not in the best inter- time as he may consume to the chair- I am not by any means alone in this est of the fiscal concerns that we must man of the authorizing committee, the concern. More than 60 reputable horse have if we are confronted down the gentleman from Virginia (Mr. GOOD- organizations, animal health organiza- road with the possibility of having to LATTE). tions, and agricultural organizations take care of these many, many horses. Mr. GOODLATTE. Mr. Chairman, I have banded together to oppose this Mr. SWEENEY. Mr. Chairman, I rise in strong opposition to this amend- amendment, and they are some of the yield myself such time as I may con- ment. This amendment is a piece of most respected people who own horses sume. legislation that has been introduced by and take care of horses in the United Mr. Chairman, let me quickly re- Members of the House that would ban States. The American Quarter Horse spond to some of the information that horse slaughter in the country. Association, the largest association of has been put out there.

VerDate jul 14 2003 04:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.106 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4249 First of all, on the cost end of it, CBO been no effects. Have there been horses foreign markets and foreign palates. said already this is a cost-neutral prop- that have been too numerous to be We have a balance of trade that is now osition. In fact, it is my contention euthanized? No. Practically, in the five a minus $617 billion a year. What is that it will give the USDA extra re- States that have implemented this law, wrong with marketing American prod- sources to do the job of protecting the there has been no effect whatsoever. ucts that help that, reduce the deficit American food chain. Finally, what is the legislative his- in the balance of trade? And, by the Secondly, we talked about the failure tory of this bill? The legislative his- way, if it is the euros that come from of a lack of a hearing. We looked for a tory is we filed a bill like this in the France, that is okay with me. I think hearing for 2 years. That necessitated last Congress. We filed it again in this that is a great way for us to start to re- bringing this legislation. Congress. In the last Congress, after we pair the balance of trade. Finally, if we are simply going to get put on an effort to win support for it, Another thing we cannot do is set up into a debate over which organizations we collected 225 co-sponsors. We never a species in this country that sets it up support it, there are vastly more orga- had a hearing. We were entitled to one. as a sacred species. American horses nizations, some of the most preeminent So we come here today using a dif- cannot be turned into sacred cows by experts in the horse industry who sup- ferent parliamentary procedure. the Sweeney amendment. port this legislation, including But this bill has been thoroughly ex- Mr. SWEENEY. Mr. Chairman, how Congress’s top veterinarian, Senator posed, thoroughly supported, thor- much time remains? ENSIGN, who is introducing a counter- oughly argued for and against; and The CHAIRMAN. The gentleman 1 part bill in the Senate. today we are entitled to this vote on from New York (Mr. SWEENEY) has 8 ⁄2 Mr. Chairman, I yield 3 minutes to the House floor. And if the 225 Members minutes remaining. The gentleman the gentleman from South Carolina who have supported our bill in the past from Texas (Mr. BONILLA) has 6 min- (Mr. SPRATT). come forward, we will see that the will utes remaining. Mr. SWEENEY. Mr. Chairman, I Mr. SPRATT. Mr. Chairman, first of the House is that this becomes the yield myself such time as I may con- question, what is the effect of this law of the land. sume. amendment? Mr. BONILLA. Mr. Chairman, I yield Mr. Chairman, let me quickly answer This amendment in simple terms will 2 minutes to the gentleman from Iowa my good friend, the gentleman from stop the slaughter or human consump- (Mr. KING). Iowa (Mr. KING) by saying 2 things. tion of horses, the meat of which will Mr. KING of Iowa. Mr. Chairman, I When Ferdinand, the great horse cham- be exported to foreign countries. It thank the chairman for yielding me pion, was sold for slaughter, he was does not stop, affect or any way impede time, and I appreciate the opportunity marketed as ‘‘eating an American euthanasia by veterinarians. It stops to say a few words on this issue. champion.’’ There is a distinction the brutal slaughter at slaughter- As I listen to this debate and I am there. houses. Sometimes horses are jacked listening to the points that are being Number two, I would ask how many up by their hind legs and have their made by the other side, and, by the zebras, how many cows do we know the throats slit. This is the kind of slaugh- way, I rise in opposition to the names of? We know the names of many ter that this bill will prohibit so that Sweeney amendment, one of the ques- horses, and the fact is horses are not the meat can be exported to Europe tions that has not been answered here raised in this Nation for human con- and other places. is what is the distinction between a sumption. Secondly, who is affected? Slaughter- steer, a hog, and a horse? Why would Mr. Chairman, I yield 4 minutes to houses in two States. That is it. Three we elevate the horse to a level beyond the gentleman from Kentucky (Mr. different slaughterhouse locations in that of another animal? Does it have a WHITFIELD). two States. That is it. Those are the certain intrinsic value that distin- Mr. WHITFIELD. Mr. Chairman, I net effects because, you see, Americans guishes it? want to commend the gentleman from do not eat horse meat. That is something that I would like South Carolina (Mr. SPRATT) and the These horses are not slaughtered in to hear, but I think it is important for gentleman from West Virginia (Mr. RA- this country, 65,000 last year, for con- the people who own horses to manage HALL) and the gentleman from New sumption here. They are slaughtered their horses. York (Mr. SWEENEY) for bringing this for consumption in Europe and Asia, Another question is, should horses be amendment to the floor. and 35,000 were not trucked to Mexico eaten? I have not really heard the an- I would point out that we hear a lot and Canada only to be euthanized swer to that. I know they do that in from the American Equine Veteri- there. They were shipped there to be other places of the world. I have never narian Practitioners and the American slaughtered. So this affects foreign eaten a horse. I had some zebra in Afri- Quarter Horse Association about their consumers of American horse meat. ca last year and, actually, it was the great concern for these horses, and yet That is all. No Americans are affected, best meat I had on the continent. I there are hundreds of organizations in and only three plants in two States are never felt the desire to eat a horse, but the country today who provide funding actually affected. they do that in other countries. through their foundation to provide re- Who is for it and who is against it? I We have a horse herd that needs to be tirement homes for unwanted horses. will leave this 7-page memorandum managed. Whatever that is, whether it Yet I am not aware that the American which shows individuals, organizations, is a 1 percent, a 2 percent or a 10 per- Equine Veterinarian Practitioners do horse raisers, horse racers, horse farm- cent of the herd that is slaughtered, all that through a foundation, nor the ers, horse lovers of all kinds who sup- of it does something that allows them American Quarter Horse Association, port it, including a substantial number to cull out the herd. It saves those nor do they do it through a foundation; of veterinarians. Seven pages long, horses from disease and starvation. and they are the most prolific breeders that is how many people are in favor of And if you have seen those horses as I of any breed in the country. it. have in dry lot that were not taken I will also say we are talking about Next question: What do we know care of, you do not want to turn these two foreign-owned companies here, one about the consequences of this? What horses over to the people who do not owned by a French family, one owned happens when you stop the slaughter of have the means to take care of them. by a Belgium family. They are the only horses at, albeit, just three plants? But the U.S. horse herd should be ones slaughtering horses in America. Well, we know from practical experi- managed. We should be humane with In addition to that, the Attorney ence in five States, including Cali- our animals. We should treat them well General of Texas, who is now a U.S. fornia, the largest State for the last 7 and give them veterinarian treatment, Senator, wrote a legal opinion while he years, this law has been in effect State- and those that do not fit into the plans was Attorney General stating that it wide in California and four other need to be managed and taken care of was illegal to slaughter horses in States and in California since 1998. and euthanized. Texas. And yet, despite that, the What has been the effect? Have there Now there is also the address made slaughterhouse brought a lawsuit, and been horses that have been left for ne- that we are doing this for foreign inter- that case is now pending in U.S. Dis- glect, derelict horses? No, there have ests, that this is for the interests of trict Court.

VerDate jul 14 2003 04:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.108 H08PT1 H4250 CONGRESSIONAL RECORD — HOUSE June 8, 2005 The Mayor of Kaufman, Texas, where First of all, he talked about an incon- the country today. This amendment one of plants is located, has written a sistent policy because we do not allow does not establish standards of care letter to us urging us to try to shut horses to be shipped overseas for that horse rescue facilities must meet. these plants down because of their con- slaughter purposes by boat. We do The humane society of the United sistent violation of environmental nothing to stop that from being done States, which supports the amendment, laws. with regard to transport to Canada or admits that equine shelters are less But one of the things that is most Mexico. The fact of the matter is this well-established than cat and dog shel- difficult about this process is that, amendment does not stop it. ters. Citing extreme costs and staff first of all, I think everyone would So when my colleagues talk about time needed to shelter horses, the hu- agree horses have not been raised for the humane treatment of horses, this mane society warned of needing to be slaughter. Unlike cows, pigs and chick- amendment is going to result in more aware of distinctions between shel- ens, they have not been raised for inhumane treatment of horses if that is tering horses and sheltering other com- slaughter. their guide, because they are going to panion animals. Current horse-rescue When you take a cow, pig, chicken or be shipped greater distances to Canada facilities are overwhelmed with the whatever to an auction house you and Mexico because they cannot be amount of horses they already care for know it is going to be slaughtered. But sent to slaughter facilities in the U.S. without this amendment being in effect many people when they take a horse to Second, the gentleman from New and are in desperate search of addi- an auction are unaware because there York makes reference to the great tional funding. is a lack of disclosure. In fact, there is racehorse Ferdinand, like this amend- The American Association of Equine an effort made to conceal that self-de- ment would have stopped Ferdinand Practitioners estimated that in the scribed ‘‘killer buyers’’ are at the auc- from having gone to slaughter. It abso- first year alone of a slaughter ban 2,700 tion house and they take the horses to lutely would not have. I did not like additional equine facilities would be slaughter. seeing Ferdinand go to slaughter, but needed to keep up with unwanted Then the process of the captive pene- Ferdinand was sold to a Japanese horses displaced by the ban, trating bolt being administered by low- owner and exported not for slaughter compounding the problem by adding skilled workers, low-paid workers who purposes but for breeding purposes; and additional facilities that will also be frequently have to do it two or three later on in Japan, he was slaughtered. searching for additional funding. times before the horse is stunned and This amendment will do absolutely This is a bad, bad idea. I know there then his throat is slit, I would dare to nothing to stop that same situation is a lot of emotion that says this is a say that is not humane. Now the lead- from happening to any other racehorse great thing to do. It is not and it is not ership of the American Equine Practi- in the world. in the best interests of the horses of tioners say that it is humane. But if Thirdly, the gentleman makes ref- this country to pass this amendment. I you talk to individual veterinarians, erences to just three slaughter facili- urge my colleagues to oppose it. they would take controversy with that. ties. That is not true either. There are Mr. SWEENEY. Mr. Chairman, I For every page of supporters oppos- other slaughter facilities for horses. yield myself such time as I may con- ing this legislation, we have pages of For example, there is a slaughterhouse sume. entities and individuals and organiza- in Nebraska which solely slaughters I just simply say, before I recognize, tions that support this legislation. And horses for zoos and sanctuaries for big that the gentleman raises some inter- I might add a few of them that support cats which would be essentially shut esting points; and I would hope that it. down by this amendment because the authorizing committee could go to We have the owners of the last 12 horses provide the proper type of high hearings in the near future. Kentucky Derby winners supporting it. protein diet for those animals, when Mr. Chairman, I yield 2 minutes to We have the National Thoroughbred they are not out racing across the sa- the gentleman from Virginia (Mr. Racing Association supporting it. We vannahs, because beef simply is not MORAN). have the Thoroughbred Owners and good for cats, these large cats. Mr. MORAN of Virginia. Mr. Chair- Breeders Association supporting it. We The gentleman from New York says man, I thank my friends, the gen- have the New York Racing Authority it is budget neutral, but the fact of the tleman from New York (Mr. SWEENEY); supporting it. We have Churchill matter is all he is talking about there the gentleman from South Carolina Downs supporting it. I could go on and is budget neutral in terms of this par- (Mr. SPRATT); and the gentleman from on and on. But, most important, we ticular amendment not costing any Kentucky (Mr. WHITFIELD). have an inconsistent policy in the U.S. money; but consequences of the amend- What has become of us as a country, Government today on this issue. We ment will cost a lot of money because selling these horses off for horse meat prohibit sending horses out of America this amendment does absolutely noth- to be eaten on the other side of our by sea for the purpose of slaughter, and ing to stop the many practices that oceans? yet we allow them to be slaughtered in occur in this country that create un- The wild horse is an icon of American the United States. wanted horses, everything from nurse history. The gentleman from Iowa So it is an inconsistent policy. There mares in the thoroughbred racing in- asked what is the difference between a is a lack of disclosure at the auction dustry, to Premarin mares to produce horse and a steer and a hog? The horse house. And when California banned the drug Premarin, to the foals of is an icon along with the bald eagle. horse slaughter, the only thing that those mares, to the fact that for every What is the difference between a bald they found was that, one, horse theft Smarty Jones that is created, there are eagle and a pigeon or a turkey? And if went down and horse abuse and neglect hundreds and hundreds of unwanted you do not know the difference, we did not go up. racehorses who do not make the grade cannot explain it to you. and other horses that are unsuitable Shakespeare once said that ‘‘Horses b 1545 for riding and other pleasure purposes are as full of spirit as the month of With that, I would urge the support or showing. Those horses, as well, will May and as gorgeous as the sun in mid- of the Sweeney amendment. fall into that category of unwanted summer’’. Does everything have to be Mr. BONILLA. Mr. Chairman, I yield horses. converted to the bottom line? There for as much time as he may consume to Nor does the amendment do anything are so many alternatives to slaugh- the gentleman from Virginia (Mr. to take care of all those unwanted tering these beautiful creatures that GOODLATTE), chairman of the author- horses as they start to accumulate in are on public lands. We used to have 1 izing committee. our society. We have already talked million at the turn of the century. We Mr. GOODLATTE. Mr. Chairman, I about the massive estimated costs that are down to 35,000 wild horses on public thank the chairman for the time. will take place as a result of that. lands. That is sad and wrong. I want to respond to a few of the re- Finally, the gentleman from Ken- We have responsibility over these marks made by the gentleman from tucky talks about the facilities that beautiful creatures. They ought not be Kentucky and the gentleman from New exist that would take care of horses, cut up in such an inhumane way, and York. and we have some of those facilities in shipped overseas for people who want

VerDate jul 14 2003 04:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.110 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4251 to eat horse meat. That is not what we Slaughter is not the same as humane Amendments printed in the CONGRES- are about as a country. There are so euthanasia administered by a veteri- SIONAL RECORD and numbered 3 and 6; many other alternatives. narian in a very controlled environ- Amendment printed in the CONGRES- We can use animal contraception ment. Euthanasia of horses is adminis- SIONAL RECORD and numbered 5, which methods. We could reopen over 100 herd tered by legal injection, whereas shall be debatable for 30 minutes; management areas that the Bureau of slaughtered is administered by un- An amendment by Mr. HEFLEY, re- Land Management has closed. We could skilled, untrained workers using the garding an across-the-board cut; start centers such as the one I saw this captive bolt. Many times this is admin- an amendment by Mr. TIAHRT, re- weekend, 61 horses brought from the istered improperly, causing unneces- garding regulations; wild West for adoption. They came sary pain and suffering before death. an amendment by Mr. BROWN of Ohio, from Nevada and Wyoming and Cali- Passage of this amendment will not regarding school food program; fornia, beautiful creatures. People in cause an overpopulation of horses. an amendment by Mr. KUCINICH, re- the east coast are adopting them. Each year 690,000 horses die in the U.S. garding genetically engineered fish; There are so many things we could be many of which are euthanized by a li- an amendment by Mr. KUCINICH, re- doing rather than selling these beau- censed veterinarian. Slaughtered garding BSE testing; tiful creatures for horse meat. We are horses represent only 1 percent of an amendment by Mr. WEINER, re- not just about dollars and cents. We horses that die each year. This would garding minimum guarantees for agri- are about the things that made our not result in an overpopulation of culture funding for States; country great. The wild horse is one of horses as some suggest. an amendment by Mr. STUPAK, re- those things. It inspires poetry; and if There are alternatives available. garding FDA clinical trials; my colleagues do not understand that, Americans do not profit from slaugh- an amendment by Mr. STUPAK, re- I guess we can’t very well commu- tering horses. This is an export-driven garding FDA whistleblowers; nicate why this is so important to us. market. Foreigners eat our horses and an amendment by Ms. KAPTUR, re- But I trust the majority of this Con- foreign companies make money, and garding Emerald Ash borer; gress knows what we are talking about. we should stop looking at it in that an amendment by Mr. GARRETT of Mr. BONILLA. Mr. Chairman, I yield perspective and start looking at it in New Jersey, regarding 213A of the Im- back the balance of my time. the American perspective. migration and Nationality Act. Mr. SWEENEY. Mr. Chairman, I The CHAIRMAN. The question is on Each such amendment may be offered yield myself such time as I may con- the amendment offered by the gen- only by the Member named in this re- sume. tleman from New York (Mr. SWEENEY). quest or a designee, or the Member who Before I recognize my final speaker The question was taken; and the caused it to be printed in the RECORD to close, Mr. Chairman, let me just Chairman announced that the ayes ap- or a designee, shall be considered as point out if it is about the bottom line, peared to have it. it is about making sure USDA inspec- Mr. SWEENEY. Mr. Chairman, I de- read, shall not be subject to amend- tors inspect the American food chain mand a recorded vote. ment except that the chairman and and not foreign food chains. The CHAIRMAN. Pursuant to clause ranking minority member of the Com- Mr. Chairman, I yield the balance of 6 of rule XVIII, further proceedings on mittee on Appropriations and the Sub- the time to the gentleman from West the amendment offered by the gen- committee on Agriculture, Rural De- Virginia (Mr. RAHALL). tleman from New York (Mr. SWEENEY) velopment, Food and Drug Administra- Mr. RAHALL. Mr. Chairman, I thank will be postponed. tion, and Related Agencies each may the gentleman from New York for Mr. BONILLA. Mr. Chairman, I move offer one pro forma amendment for the yielding me time, and I appreciate his that the Committee do now rise. purpose of debate; and shall not be sub- leadership, as well as the gentleman The motion was agreed to. ject to a demand for division of the from Kentucky (Mr. WHITFIELD) and Accordingly, the Committee rose; question in the House or in the Com- the gentleman from South Carolina and the Speaker pro tempore (Mr. KING mittee of the Whole. (Mr. SPRATT). of Iowa) having assumed the chair, Mr. Except as otherwise specified, each I want to remind my colleagues that RYAN of Wisconsin, Chairman of the amendment shall be debatable for 10 this particular amendment, which is a Committee of the Whole House on the minutes, equally divided and con- funding limitation, however, is still State of the Union, reported that that trolled by the proponent and an oppo- very similar to an amendment that the Committee, having had under consider- nent. An amendment shall be consid- House voted on shortly before we broke ation the bill (H.R. 2744) making appro- ered to fit the description stated in before the Memorial Day district work priations for Agriculture, Rural Devel- this request if it addresses in whole or period. That particular amendment opment, Food and Drug Administra- in part the object described. passed in an overwhelming fashion and tion, and Related Agencies for the fis- The SPEAKER pro tempore. Is there in a bipartisan fashion. So this is truly cal year ending September 30, 2006, and objection to the request of the gen- bipartisan when it comes to recog- for other purposes, had come to no res- tleman from Texas? nizing how valuable the horse is to this olution thereon. There was no objection. country and what a symbol it is of our f f freedom and how important it is to rec- ognize this truly American icon. LIMITATION ON AMENDMENTS AGRICULTURE, RURAL DEVELOP- When Americans think of the horse, I DURING FURTHER CONSIDER- MENT, FOOD AND DRUG ADMIN- do not believe they think of it in terms ATION OF H.R. 2744, AGRI- ISTRATION, AND RELATED of foreign cuisine on the tables of coun- CULTURE, RURAL DEVELOP- AGENCIES APPROPRIATIONS tries around the European area. MENT, FOOD AND DRUG ADMIN- ACT, 2006 This amendment has invoked a lot of ISTRATION, AND RELATED The SPEAKER pro tempore. Pursu- emotion and misinformation. The op- AGENCIES APPROPRIATIONS ant to House Resolution 303 and rule position has said that this will increase ACT, 2006 XVIII, the Chair declares the House in the abuse of horses and horses running Mr. BONILLA. Mr. Speaker, I ask the Committee of the Whole House on wild out West. Such statements are not unanimous consent that during further the State of the Union for the further true. consideration of H.R. 2744 in the Com- consideration of the bill, H.R. 2744. Here are the facts. Each year some mittee of the Whole pursuant to House b 1600 65,000 horses are slaughtered in this Resolution 303, no further amendment country for human consumption in Eu- to the bill may be offered except: IN THE COMMITTEE OF THE WHOLE rope and Asia where they are sold in Pro forma amendments offered at Accordingly, the House resolved restaurants as a delicacy. Another any point in the reading by the chair- itself into the Committee of the Whole 30,000 are trucked to Canada and Mex- man or ranking minority member of House on the State of the Union for the ico for slaughter. This amendment will the Committee on Appropriations or further consideration of the bill (H.R. end that slaughter of American horses their designees for the purpose of de- 2744) making appropriations for Agri- for human consumption overseas. bate; culture, Rural Development, Food and

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.112 H08PT1 H4252 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Drug Administration, and Related AMENDMENT NO. 5 OFFERED BY MR. developed countries have deprived Agencies, for the fiscal year ending BLUMENAUER poor, desperately poor countries like September 30, 2006, and for other pur- Mr. BLUMENAUER. Mr. Chairman, I Ethiopia, Mozambique and Malawi of poses, with Mr. RYAN of Wisconsin in offer an amendment. $238 million in sales since 2001. the chair. The CHAIRMAN. The Clerk will des- The current U.S. sugar program em- The Clerk read the title of the bill. ignate the amendment. phasis on overproduction has caused The CHAIRMAN. When the Com- The text of the amendment is as fol- environmental degradation in environ- mittee of the Whole rose earlier today, lows: mentally sensitive areas, particularly a request for a recorded vote on the Amendment No. 5 offered by Mr. the Florida Everglades and the Mis- amendment by the gentleman from BLUMENAUER: sissippi Delta wetlands. The down pay- New York (Mr. SWEENEY) had been At the end of the bill (before the short ment on cleaning up the Everglades postponed. title), add the following new section: that are significantly damaged by Pursuant to the order of the House of SEC. 7ll. None of the funds appro- sugar production is nearly $8 billion. today, no further amendment to the priated or otherwise made available by this Mr. Chairman, the impact on jobs in Act may be used to to pay the salaries and bill may be offered except pro forma expenses of personnel who make loans avail- the United States is also unfortunate. amendments offered at any point in the able under section 156 of the Federal Agri- The number of employees in sugar- reading by the chairman or ranking culture Improvement and Reform Act of 1996 using industries, an estimated 724,000 minority member of the Committee on (7 U.S.C. 7272) to processors of domestically jobs, is 12 times the 61,000 sugar pro- Appropriations or their designees for grown sugarcane at a rate in excess of 17 duction jobs in the United States. It the purpose of debate; cents per pound for raw cane sugar or to produces a loss of jobs as sugar-inten- Amendments printed in the CONGRES- processors of domestically grown sugar beets sive industries like confectionery move at a rate in excess of 21.6 cents per pound for SIONAL RECORD and numbered 3 and 6; to Canada and other low-cost areas. refined beet sugar. An amendment printed in the CON- This is an opportunity today to correct GRESSIONAL RECORD and numbered 5, The CHAIRMAN. Pursuant to the that. which shall be debatable for 30 min- order of the House of today, the gen- Mr. Chairman, I reserve the balance utes; tleman from Oregon (Mr. BLUMENAUER) of my time. an amendment by the gentleman and the gentleman from Texas (Mr. Mr. BONILLA. Mr. Chairman, I yield from Colorado (Mr. HEFLEY) regarding BONILLA) each will control 15 minutes. such time as he may consume to the an across-the-board cut; The Chair recognizes the gentleman gentleman from Arkansas (Mr. BERRY). an amendment by the gentleman from Oregon (Mr. BLUMENAUER). Mr. BERRY. Mr. Chairman, I thank from Kansas (Mr. TIAHRT) regarding Mr. BLUMENAUER. Mr. Chairman, I the gentleman from Texas (Mr. regulations; yield myself 3 minutes. BONILLA) for the great job the gen- an amendment by the gentleman The United States sugar program is tleman has done on the appropriations from Ohio (Mr. BROWN) regarding an archaic remnant of a Depression-era bill, along with the ranking member, school food programs; policy to artificially raise prices of the gentlewoman from Connecticut an amendment by the gentleman sugar. Today, it harms American com- (Ms. DELAURO). It is kind of surprising from Ohio (Mr. KUCINICH) regarding ge- panies and consumers, while pre- that we have this many controversial netically engineered fish; venting developing nations from com- amendments on the floor today after an amendment by the gentleman peting in the global market place. Ev- we worked things out in subcommittee from Ohio (Mr. KUCINICH) regarding erybody pays. U.S. consumers alone pretty well. BSE testing; paid an additional 1 to $2 billion di- I think it is an amazing thing that an amendment by the gentleman rectly, and much more indirectly. we are one of the few countries in the from New York (Mr. WEINER) regarding This is not a program that benefits whole world that is still able to feed minimum guarantees for agriculture our average family farmer. Under the itself, and we arrived at this point be- funding for States; 2002 farm bill, the sugar program has 42 cause we had a government that sup- an amendment by the gentleman percent of the sugar benefits going to ported programs that guaranteed and from Michigan (Mr. STUPAK) regarding the most profitable 1 percent of large made sure that we always had an ade- FDA whistleblowers; corporate sugar farmers. This policy quate supply and processing capacity an amendment by the gentleman weakens our credibility for trade liber- of food and fiber so we never had to from Michigan (Mr. STUPAK) regarding alization as it continues protection of worry about whether or not we were FDA clinical trials; sugar policies that restrict trade. going to have enough. an amendment by the gentlewoman These continuing subsidies are harm- These programs do not enrich farm- from Ohio (Ms. KAPTUR) regarding Em- ing progress in the current Doha ers. They may keep them in business in erald Ash borer; and Round, a key component of which is to hard times, but they do not enrich an amendment by the gentleman reduce unnecessary agricultural sub- them, but they do provide for adequate from New Jersey (Mr. GARRETT) regard- sidies worldwide. production of food and fiber. ing 213A of the Immigration and Na- We saw an example in the discussion Now we bring an amendment to at- tionality Act. of the Australian Free Trade Agree- tack the sugar industry. The last time Each such amendment may be offered ment where, to keep our outrageous we did away with the sugar program, only by the Member named in the re- sugar subsidies in place, the United the price of sugar went wild, absolutely quest or a designee, or the Member who States acceded to Australia’s position wild. caused it to be printed in the RECORD on maintaining monopolies for the ex- We hear those that are opposed to or a designee, shall be considered read, port of wheat, barley and rice, there- the sugar program come to the floor shall not be subject to amendment ex- fore closing off export opportunities to and talk about how cheap sugar is in cept that the chairman and ranking United States farmers producing these the world market. The fact is, all of minority member of the Committee on crops. the sugar production in the world is Appropriations and the Subcommittee It is, I think, outrageous in current supported by the countries where it is on Agriculture, Rural Development, American free trade CAFTA, where we produced. What is in the world market Food and Drug Administration and Re- are watching the door barely open over is what is excess to their own needs. It lated Agencies each may offer one pro the next 15 years. If it were to pass, is a matter of fact that it is essential forma amendment for the purpose of these countries would be able to export to our own well-being to have the abil- debate; and shall not be subject to a de- only 1.7 percent of the U.S. consump- ity to produce enough sugar in this mand for division of the question. tion. country to take care of our own needs. Except as otherwise specified, each This policy of supporting high-cost Any country that cannot supply ade- amendment shall be debatable for 10 producers and limiting imports quate food and fiber production and minutes, equally divided and con- through quotas deprives more low, processing capacity is at risk in a far trolled by the proponent and an oppo- cost-efficient producers in developing greater way than we have ever faced in nent. nations. These protectionist policies in the United States of America. Over and

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.115 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4253 over again these very modest programs of lavishing subsidy on people who do the United States. The artificially inflated that keep this production at a safe not need it and funding the promise of domestic sugar price increases the costs of level are attacked over and over by the agriculture bill for things like en- production for sugar-using industries, which those that just simply do not under- vironmental cleanup, we could help has led to some companies moving their fa- cilities to other countries and has added to stand what it is all about. those family farmers. I think it is U.S. job losses in these industries. Now I hear them talk about how about time to get this in perspective Sugar producers in developing countries farm programs enrich people. I happen and not confuse lavish sugar benefits bear the brunt of rich countries’ support pro- to have been involved with farm pro- with helping ordinary family farmers. grams. Domestic subsidies and protectionism grams my entire life. If anybody thinks MARCH 15, 2005. distort the price of sugar on the world mar- it is a way to get rich, let me encour- OPEN LETTER TO THE PRESIDENT AND THE U.S. ket. Poor farmers in developing countries— age them to go buy one. They are for CONGRESS no matter how efficient—cannot compete with sugar unloaded on the world market by sale every day because people go broke SOUR SUBSIDIES—U.S. SUGAR POLICY IS UNFAIR rich countries’ subsidized producers, and a TO AMERICAN CONSUMERS AND TO POOR COUN- trying to make a living on them. Go valuable opportunity for achieving higher TRIES; HARMS THE ENVIRONMENT buy one and get just rich with them. I living standards is lost. do not know anybody who would tell Summary: The current sugar policy in the The United States undermines its global Members that is the best way to make United States—a system of price supports leadership role in promoting open trade by a dollar in this country. These people and import restrictions—cannot be justified insisting on indefensible sugar protec- on economic or humanitarian grounds. It im- tionism. While the U.S. promotes open trade do it because they love it and because poses high costs on U.S. consumers and tax- they are good at it, and they do not ask in many venues, it is one of the worst offend- payers and causes job losses in the U.S. In ers in distorting world sugar markets. The the government to take care of them. addition, the sugar program causes United States’ exemption of sugar from re- It is for the well-being of the Amer- enironmental damage and blights economic cent trade negotiations has undermined the ican people that we provide these pro- opportunities for many small farmers in poor country’s ability to negotiate and achieve grams that guarantee an adequate pro- countries, primarily for the benefit of a more open trade with other nations. This duction of not only sugar but a lot of small group of well-off producers. special protection of sugar has cost other other food and fiber products that are The U.S. sugar policy started 70 years ago U.S. producers broader export opportunities during the Great Depression as a temporary and U.S. consumers the chance to benefit necessary for our own national secu- support program for U.S. growers. The sys- rity. It is not a give-away program or from more open trade with these countries. tem of price supports and import restrictions The U.S. sugar policy affects other eco- an enrichment program for a few, as it allows growers in the U.S. to charge con- nomic and policy objectives besides trade. has been described. Let me encourage sumers and other users artificially high Reforming one of the most protectionist ag- this body to follow the recommenda- prices for sugar and other sweeteners, cur- ricultural programs could contribute to eco- tions of the subcommittee and to vote rently more than two to three times the nomic growth and stability in other parts of against this amendment. world market price. During those 70 years, 18 the world and demonstrate U.S. willingness Mr. BLUMENAUER. Mr. Chairman, I presidential elections have taken place, and to embrace broader international coopera- still consumers and taxpayers are paying to tion. yield myself 2 minutes. support sugar beet and sugar cane growers. (Mr. BLUMENAUER asked and was As a group of non-profit organizations rep- The sugar program is a transfer of wealth resenting consumers, citizens, and tax- given permission to revise and extend from those who often can least afford it to a payers, we support a fundamental reform of his remarks.) smalll group of sugar producers. The Amer- the United States’ sugar policy. Mr. BLUMENAUER. Mr. Chairman, I ican public transfers about $1.3 billion each Removing protectionist barriers to sugar have great respect for the gentleman year to support the sugar beet and cane around the world could lower the price for from Arkansas (Mr. BERRY), but the growers in the U.S. The primary bene- U.S. consumers by 25 percent from current, fact is that the people who are involved ficiaries of the program are a few large cor- artificially high levels. porations rather than small family farm op- Reducing support in the U.S. could save with sugar are not going broke. The erations, as was originally intended. point I made is that the top 1 percent consumers and taxpayers up to $1.3 billion The disadvantaged lose the most when food per year. get 42 percent of the benefits. prices are manipulated to support sugar pro- The net loss to the U.S. economy due to We do not have a problem of sugar ducers. American consumers are forced to the sugar support program in 1998, the most production in this country. First of all, pay two to three times the world market recent year for which analysis is available, is we produce so much sugar and if it falls price for sugar. Because sugar is a key ingre- about $900 million, according to the U.S. below the target level they just turn dient in many foods, including whole grain General Accounting Office. the sugar over to the government and breads, high-fiber cereals, and fruit pre- Reducing sugar cane production in Florida serves, the higher prices have a dispropor- could improve environmental quality as walk away from the loans. In 2002, we tionate impact on those families, who pay a were paying more than a million dol- water-retention capacity in the Florida Ev- larger percentage of their income on food. As erglades watershed could be increased. lars a month just to store the surplus a result, families with children and people on Lowering sugar overproduction can help sugar, just to store the surplus sugar. low and fixed incomes are hit the hardest by reduce the impact of pesticide and fertilizer We have 41 other countries around the U.S. sugar program. Sugar reform would usage on the environment. the world that are ready, willing and give American families a real break for their Reducing costs for sugar-using industries able to go into the United States mar- food budget. could help retain workers. ket, but are not able to do so. Some of The miguided support policy destroys pre- The benefits for developing countries cious natural habitats. The current sugar would also be substantial: us say we believe in free trade, but we policy’s incentives for overproduction have If rich countries’ sugar subsidies and trade will not allow free trade when it comes caused environmental degradation in eco- barriers were eliminated, it is estimated that to sugar because it is so intensely pro- logically sensitive areas, including the Flor- the world market price of sugar could rise by tected. ida Everglades and the Mississippi Delta almost 40 percent, providing valuable eco- I have here and include for the wetlands. The impact is particularly acute in nomic opportunities. At the same time, con- RECORD an open letter to the United the Everglades, as the U.S. grows much of its sumers in heavily protected markets such as States Congress and the President cane sugar in Florida, resulting in the diver- the U.S. would still enjoy an overall benefit signed by 50 prominent academicians, sion of sorely-needed water from the coun- of a reduction in prices of about 25 percent. If the U.S. is serious about helping poorer consumer experts, trade advocates, try’s most famous and endangered wetland. Sugar producers are seriously polluting countries, it has to open up its markets for taxpayer advocates, and people who these valuable wetlands to produce sugar those countries’ products, which would help care about the environment that talk that could be produced with less cost and U.S. consumers and create employment not about what an outrage it is to continue pollution in a number of other countries. In only in poor countries but also in the large this pattern. addition, the U.S. is growing sugar beets sugar-using sectors in the U.S. Mr. Chairman, we just heard ‘‘people with high costs and poor sugar yields per The undersigned urge our public and polit- are not asking the government to take acre on land that could readily be shifted to ical representatives to debate the need for care of this.’’ Wait a minute, the gov- crops with higher comparative advantage, reforming this destructive policy that hurts such as feedstuffs. consumers and taxpayers in the United ernment absolutely is taking care of Domestic sugar policy has contributed to States, harms the environment, and holds the sugar industry in this country. the loss of jobs in the sugar-using industry. back further ecommic development in many I am not talking about the problems The number of employees in the sugar-using poor countries around the world. that genuinely affect family farms. If industry—an estimated 724,000—vastly out- Frances B. Smith—Consumer Alert; Bar- we were doing the right thing instead numbers the 61,000 sugar production jobs in bara Rippel—Consumer Alert; Rhoda

VerDate jul 14 2003 04:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.117 H08PT1 H4254 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Karpatkin—Consumers Union; Mark Wenders—Dept. of Economics, Univer- top. It is amazing that you could have Silbergeld—Consumer Federation of sity of Idaho; Bart Wilson—Associate something as sweet as sugar that America; Pam Slater—Consumers for Professor, Dept. of Economics, George leaves such a bitter, sour taste in con- World Trade; John Frydenlund—Citi- Mason University; Professor William sumers’ mouths when you realize that zens Against Government Waste; Den- Woolsey—Dept. of Economics, The we pay more than $1 billion a year nis Avery—Hudson Institute—Center Citadel. extra just from the inflated cost of for Global Food Issues; Alex Avery— Mr. BONILLA. Mr. Chairman, I yield Hudson Institute—Center for Global sugar to support this program. 11⁄2 minutes to the gentleman from Vir- Food Issues; Greg Conko—Competitive Supporters of the sugar program like Enterprise Institute; Fred Smith— ginia (Mr. GOODLATTE), the chairman of to say this does not cost taxpayers any Competitive Enterprise Institute; Fred the authorizing committee. money, but they ignore the fact that it Oladeinde—The Foundation for Democ- Mr. GOODLATTE. Mr. Chairman, I costs to store the sugar. It costs to im- racy in Aftica; Tad DeHaven—National rise in opposition to the Blumenauer- plement the program. And when you Taxpayers Union; Chad Dobson—Oxfam Flake amendment which calls for re- levy a tax on consumers by inflating America; Philip D. Harvey—DKT Lib- ductions of the loan rates established erty Project; Phil Kerpen—Free Enter- the cost, it is just like a tax. It is just in the 2002 farm bill for both sugar like a tax. So we are paying. Every prise Fund; beets and sugarcane. Clayton Yeutter—Former U.S. Trade time you bite into a candy bar, that is Representative and former U.S. Sec- Farmers have crafted their business a couple of cents that you are paying retary of Agriculture; Nathaniel P. plans based on the assurances of the extra. It is the principle of diffuse Reed—Chairman Emeritus, 1000 2002 farm bill. Much of the crop of costs/concentrated benefits. No one is Friends of Florida and former Assist- sugar that will be placed under loan in going to come to Washington to lobby ant Secretary of the Interior; Professor fiscal year 2006 is already in the to get 4 cents off their candy bar price, William L. Anderson—Dept. of Eco- ground. Farmers have invested time but the top 1 percent of those who are nomics, Frostburg State University; and money in that crop, often with Professor James T. Bennett—Dept. of getting this subsidy are sure going to Economics, George Mason University; capital borrowed from the bank. It is come here to lobby and they do and Sam Bostaph, Ph.D.—Associate Pro- unfair now to reduce the returns that they are. That is why it is so difficult fessor and Chairman, Dept. of Econom- farmers counted on when planning, fi- to get rid of these subsidies. ics, University of Dallas; Donald J. nancing and planting that crop. Let me just remind my colleagues Boudreaux—Chairman, Dept. of Eco- This debate concerning the sugar some of the organizations that are for nomics, George Mason University; program is an important one. However, this amendment. The National Tax- John Bra¨ tland, Ph.D.—Economist, U.S. it is a debate we should conduct at the payers Union, a statement from them Department of the Interior; appropriate time: during authorization Peter T. Calcagno, Ph.D.—Assistant Pro- says, Sugar interests like to make the fessor of Economics, Department of Ec- of a new farm bill. claim that the sugar program is at no onomics and Finance, College of b 1615 cost to taxpayers. As I said, they con- Charleston; Professor Lloyd Cohen— veniently ignore that this monstrous As chairman of the House Agri- School of Law, George Mason Univer- program costs staffing and operating culture Committee, I have announced sity; Professor John P. Cochran—Met- the bureaucracy necessary to support my intention to hold hearings, and the ropolitan State College of Denver; it. James Rolph Edwards, Ph.D.—Pro- committee will begin work on a new Another statement from Citizens fessor of Economics, Montana State farm bill this fall. During that process University-Northern; Professor Ken- Against Government Waste: It is bad and not when we are on the House floor enough that the archaic sugar program neth G. Elzinga—Robert C. Taylor Pro- debating an appropriations bill is the fessor of Economics, Dept. of Econom- forces American consumers to pay two ics, University of Virginia; Professor correct time for discussing and pos- or three times the world price for sugar William P. Field—Dept. of Economics sibly making important changes to and sugar-containing products. Even (emeritus), Nicholls State University; U.S. sugar policy. worse is the fact that more than any Professor Gary Galles—Professor of Ec- Mr. Chairman, in my capacity as other farm program, this is an obstacle onomics, Pepperdine University; S. D. chairman, it is my responsibility to to advancing freer international trade Garthoff—Adjunct Faculty, Dept. of look at all of agriculture and consider Economics, Summit College—The Uni- for all agricultural products. We saw in what is best for the United States and our free trade agreement with Aus- versity of Akron; our farmers and ranchers. However, I Professor Robin Hanson—George Mason tralia, for example, this was a stum- University; David R. Henderson—Re- must note that the U.S. sugar industry bling block. It is a stumbling block search Fellow, Hoover Institution; does not take the same view when it right now to CAFTA. So it comes up Robert Higgs, Ph.D.—The Independent comes to CAFTA. That free trade again and again and again. Institute; Professor Steven Horwitz— agreement is good for U.S. agriculture, We have got to stand for free trade. I Professor of Economics, Associate but U.S. sugar is the only major agri- do not know how in the world you can Dean of the First Year, St. Lawrence culture group opposing it. I am dis- support this program and truly stand University, Canton, NY; Professor Dan- appointed that we do not have total ag- iel Klein—Dept. of Economics, Santa for the principles of free trade. The Clara University; Professor Laurence ricultural support for that FTA. I hope Free Enterprise Fund said, In 2004 gov- Iannaccone—Dept. of Economics, that sugar interests will look to help ernment price controls through quotas George Mason University; Dr. Arnold us with that legislation and find a way and loan guarantees priced U.S. sugar Kling—www.econlog.org; Professor to close the gap and see that it is at more than 20 cents a pound, more Dwight R. Lee—Ramsey Professor of passed. than double the world price of 8.6 Economics, University of Georgia; Pro- But regardless, the policy that was cents. So it is inflating the cost all fessor Leonard P. Liggio—Atlas Eco- put in place by the 2002 farm bill must over. nomic Research Foundation; Professor remain intact. I urge my colleagues to Also, for those conservatives out Roger Meiners—University of Texas at vote ‘‘no’’ on this amendment. here, the Club For Growth has come Arlington; Mr. BLUMENAUER. Mr. Chairman, I Professor Andrew Morriss—School of out against this subsidy program and Law and Dept. of Economics, Case yield 4 minutes to the gentleman from for the Blumenauer/Flake amendment. Western Reserve University; Professor Arizona (Mr. FLAKE), the coauthor of The Club For Growth will be scoring Svetozar Pejovich—Dept. of Economics this amendment. this amendment. For those who feel (emeritus), Texas A&M University; Dr. Mr. FLAKE. I thank the gentleman that fiscal responsibility is important, William H. Peterson—Independent for yielding me this time, and I thank vote for the Blumenauer/Flake amend- economist, Washington, DC; Professor the gentleman for bringing this amend- ment. Adam Pritchard—University of Michi- ment forward. Mr. BONILLA. Mr. Chairman, I yield gan; Professor Gary Quinlivan—Dean Mr. Chairman, this represents a bi- 1 minute to the gentleman from Flor- of the Alex G. McKenna School, St. partisan step in the right direction. Vincent College; Professor Charles K. ida (Mr. BOYD), a distinguished member Rowley—General Director, The Locke There are much needed reforms in this of our subcommittee. Institute; Karen Vaughn, Ph.D—Pro- area. These agriculture subsidy pro- Mr. BOYD. Mr. Chairman, I want to fessor of Economics (ret.), George grams are out of control, not just in thank the gentleman from Texas for Mason University; Professor John T. the area of sugar but sugar is right on yielding me the time.

VerDate jul 14 2003 04:23 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.059 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4255 Mr. Chairman, I am troubled by the So to say to these people, it makes save damage to the environment and to attack on sugar cane and sugar beet no difference and we are going to just United States production. I think it is growers that this amendment rep- willy-nilly change the farm bill makes a win-win situation. resents, and I strongly would like to absolutely no sense. You can do it for Mr. BONILLA. Mr. Chairman, I yield urge all my colleagues to reject this wheat, you can do it for corn, you can 1 minute to the gentleman from Flor- proposal. Mr. Chairman, all U.S. com- do it for any crop; and that is why we ida (Mr. FOLEY). modities covered by the 2002 farm bill have a farm bill, to make sure that Mr. FOLEY. Mr. Chairman, I am not are eligible for loans from the Federal people have some continuity, have here to protect the industries in Mo- Government. So sugar cane and sugar something to hang their hat on. zambique. I am here to protect the peo- beet farmers are not receiving special I certainly rise in opposition and I ple in Belle Glade, Florida. If the gen- treatment. The only difference between urge a ‘‘no’’ vote. the sugar loan program and other com- Mr. BONILLA. Mr. Chairman, I yield tleman from Florida (Mr. HASTINGS) modity loan programs is there is no 1 minute to the gentleman from Idaho were with us today, he would tell you the same thing. It is about jobs in this cost to the taxpayer. Sugar farmers (Mr. SIMPSON), who is a member of the have had the same loan level for 20 Committee on Appropriations. country. I appreciate all this ruckus years. Inflation continues to increase Mr. SIMPSON. Mr. Chairman, I ap- being made on the floor about sub- production prices. preciate the gentleman yielding me sidies. There are no subsidies. Sugar is Mr. Chairman, this amendment re- this time. at the lowest price it has been in dec- opens the farm bill and singles out one First, let me talk about some of the ades. When was the last time a candy commodity. This is an issue that we comments that were just made and tell bar reduced its price? When was the should discuss when the 5-year farm you that the world cost of production last time a Coca-Cola was sold cheaper bill expires and is reenacted in 2007. I of sugar is about 16 cents, (not the 8.5 in the machine? Has it happened? No. would urge my colleagues to reject this cents) is the world price. The world It has not happened. We are talking proposal and not yank the rug out from price is a dumped price. That means about trying to reintroduce an amend- our American farmers who are trying when a country overproduces sugar and ment that has been introduced for now to produce food and fiber for our coun- cannot get enough money for it, it just 10 years, since I have been in this proc- try and others around the world. dumps it on the market for whatever it ess. Mr. BLUMENAUER. Mr. Chairman, I can get. That is the dumped price. They talk about wealthy growers, yield myself 1 minute. I have great re- What happens, as the gentleman from wealthy farmers. You come out to spect for my friend from Florida, but I Oregon said, this does not cost jobs in Belle Glade and see people that are have three brief observations. First of the United States. farming sugar in my district, people all, the notion that there is no cost to The reality is that if you look at that need jobs, people of all races and the taxpayer is just simply not the Mexico and Canada, right now the price ethnicities, people that are working case. Consumers in this country by all of sugar in the United States is around hard for a living supplying America’s independent estimates are paying be- 22 cents. The price of sugar in Mexico sugar needs. They are not on the dole. tween $1 billion and $2 billion a year is 23 cents. The price of sugar in Can- They are not on the take. They have extra in the price that they pay for ada is about 21 cents. These companies not forfeited their sugar. They have sugar and sugar-related products. Sec- are not moving to these foreign coun- not turned in their goods. They have ond, there is never a good time to con- tries because of the price of sugar. not asked the government for special sider this. This amendment is not pull- The reason they are moving there is favors or money. They have worked ing the rug out from underneath sugar the same reason they are moving to hard and paid their taxes. But all of a producers. It would be a 6 percent re- Mexico, where Mexico will allow a sudden on the floor I am told I have got duction in the lavish Federal subsidy. company to move there, build their fa- to help the people in Mozambique. This will be a good signal for people to cility, employ their people, buy world- Well, God bless America. I will help my get serious about making a change. dumped-price sugar, and then sell it people. You help Mozambique. I heard my friend from Virginia talk back into the United States but not about the problem under CAFTA. That Mr. BLUMENAUER. Mr. Chairman, I allow it to be sold into Mexico to com- 1 is an example of how hard-nosed and yield 1 ⁄2 minutes to the gentleman pete with their domestic sugar supply. extreme the sugar interests are. Get- from Arizona (Mr. SHADEGG). That is what we are dealing with. We ting 1.7 percent of the market over 15 Mr. SHADEGG. Mr. Chairman, I would allow free and fairer trade across years is such that they consider it thank my colleague from Oregon for the country, free trade and fairer trade being tantamount to World War III. I yielding me this time. I rise in strong in sugar, but this is not it. think that is an example of the mind- support of this amendment by both my I urge my colleagues to reject this set of this industry, how intransigent colleague from Oregon and my col- amendment. they are and why we need to address it league from Arizona. It is very impor- Mr. BLUMENAUER. Mr. Chairman, I today. tant to note that if we talk about free yield myself 1 minute. No one has more Mr. Chairman, I reserve the balance trade and we talk about free markets, respect for the gentleman from Idaho of my time. we ought to follow that talk with ac- than I have, but the dynamic that is Mr. BONILLA. Mr. Chairman, I yield tion. The reality is you simply cannot going on here is that we provide the 1 minute to the gentleman from Ne- defend current policy. I listened to one most lavish support for sugar produc- braska (Mr. OSBORNE). of my colleagues on the floor just a few tion in the world. These other coun- Mr. OSBORNE. I thank the gen- moments ago who talked about the tries cannot compete with us. I have tleman for yielding me this time. dire consequences of this amendment. Mr. Chairman, I rise in opposition to mentioned and I have entered into the the amendment. I know a great many RECORD areas where countries like Mo- Let me tell you how precisely how sugar producers who have had to buy zambique and Malawi, where they are dire they are. It would reduce the ef- the sugar beet factory in order to have losing business, they cannot compete fect of the sugar loan program by 6 per- a viable business. In doing so, they in terms of what the United States cent. Quite frankly, we have to begin have taken out extensive loans and the does with our dramatically subsidized at some point. If we believe in free whole financial structure is based on sugar. markets, if we believe there ought to the current sugar program. And so to Were we to stop this program, and be open trade on these issues, then we change the program in the middle of bear in mind I am not suggesting stop- need to begin somewhere. the stream when these people are ping it, everybody is exercised because I just listened to my other colleague oftentimes selling at marginal rates, we are talking about a 6 percent reduc- from Florida, a gentleman I admire sometimes below the forfeiture level, tion, but if we were to go to a world greatly. He said visit these poor sugar and then to say, well, we are just going market price we would find that the farmers and see that they are barely to change it 5 or 6 percent, the margin world price would increase but we making their living. I understand that. of profit sometimes is no more than 2 would find that prices in the United Except that on that theory, the govern- or 3 percent. States would decrease, and we would ment owes it to everyone in America to

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.121 H08PT1 H4256 CONGRESSIONAL RECORD — HOUSE June 8, 2005 subsidize their income. That simply is It seems curious to me that at a time Duplantis or call the management at not the kind of America that I believe when our trade deficit is the deepest in the two sugar mills that shut down in in. It is not the kind of America that the history of our country and that we Louisiana. They did not shut down be- the Founding Fathers envisioned. U.S. face the prospect that this year the cause they were making money. These sugar policy today, the subsidies we United States may actually import boys are not having problems getting provide, the loan programs we provide more agriculture goods than it exports, their production loans because they are cost American consumers as much as that we would hear in the urging of the making money. They are having prob- $2 billion each year. How do we defend passage of this amendment that bring- lems because they are having a tough that policy back home? Is it not appro- ing in foreign product is the thing we time making the bottom line, and it is priate now that we begin to send the need to do. just not working. message that we should wean ourselves I represent sugar beet growers in the When we start talking about free from unproductive subsidies and poli- Red River Valley. This is an industry trade, we are getting things confused cies that discourage productive capac- that they have built from scratch with here. Sugar in the GATT gave up 15 ity and production by people of goods sweat and toil at an enormous finan- percent of the imports allowed in this and services we need? cial risk. Presently, it makes a $2 bil- country under the agreement with the No one wants to put today’s sugar lion contribution to our economy and United States Government that that farmers out of work, but we do need to employs directly 2,500; indirectly, would be it, no further depletions in make sure that there is free trade in 30,000. This is a vital industry to the re- the future agreements. Yet every time America and that no product is given gion I represent and needs to be pro- there is an agreement, sugar is in it. beneficial treatment. This is a reason- tected. Do the Members know that there is not able start. I urge my colleagues to sup- It is simply not responsible to take another agreement in a third world de- port the amendment. on a component of the economy as im- veloping country that grows sugar, b 1630 portant as, for example, this industry that sugar has been included? Canada is in the region I represent by amend- got out of the agreement. They produce Mr. BONILLA. Mr. Chairman, I yield ments offered in the course of appro- sugar. 1 minute to the gentleman from Texas priations debate. I ask that the Members vote against (Mr. HINOJOSA). I urge my colleagues to reject this Mr. HINOJOSA. Mr. Chairman, I rise this amendment. amendment. Mr. BONILLA. Mr. Chairman, I yield today in opposition to the Blumenauer- Mr. BONILLA. Mr. Chairman, I yield 1 minute to the gentleman from New Flake amendment to H.R. 2744. I have 1 minute to the gentleman from Min- York (Mr. ENGEL), who will wrap up lots of respect for the gentleman from nesota (Mr. PETERSON), the distin- this debate for our side, again strongly Oregon (Mr. BLUMENAUER), but I must guished ranking member of the author- opposing this amendment. speak up for our sugar producers and izing committee. Mr. ENGEL. Mr. Chairman, I rise in for jobs in South Texas. Mr. PETERSON of Minnesota. Mr. Nearly every year an anti-sugar- very strong opposition to this amend- Chairman, I thank the chairman for farmer amendment is offered to the ag- ment. yielding me this time. I want to come clean and say that I riculture appropriations bill, and al- Mr. Chairman, I rise in opposition to have an extremely large sugar refinery most every year the same misinforma- the Blumenauer-Flake amendment; in my district, so I have followed the tion is recklessly spread about sugar and I just want to correct some misin- sugar industry throughout the course farmers. Before voting on the formation that is put out here, some of of my career in the House of Represent- Blumenauer-Flake amendment to H.R. it by the gentleman from Oregon (Mr. atives. 2744, consider these facts: I repeat what the gentleman from BLUMENAUER). It is very easy to hoist up a straw We are not the highest-priced support man and say that they are the root of Florida (Mr. BOYD) said earlier. All system in the world. In fact, CAFTA U.S. commodities covered under the all evil. But remember the old series was brought up. I was in Guatemala, 2002 farm bill receive loans from the ‘‘Dragnet’’ where they said, ‘‘Just the and the internal price in Guatemala is Federal Government. Sugar is not re- facts, ma’am, just the facts’’? actually higher than the internal sup- The facts are that this is an agri- ceiving a special treatment. I represent port price in the United States. We are culture bill, not a farm bill. Congress lots of ag producers, and it is a fact importing 11⁄2 million tons of sugar made promises to farmers in the 2002 that loan levels for sugar farmers have that we do not need that the gen- farm bill, and sugar farmers made deci- remained unchanged for 20 years. Therefore, I urge my colleagues to tleman from North Dakota (Mr. POM- sions based on these promises. Sugar is vote ‘‘no’’ on the Blumenauer-Flake EROY) and I could grow in the Red not receiving special treatment. All amendment to H.R. 2744. River Valley with our farmers, and U.S. commodities covered under this Sugar prices in the United States are low by here we are in CAFTA letting sugar farm bill receive loans from the Fed- world standards. Grocery shoppers in other come in from a country that has an in- eral Government, and loan levels for developed countries pay 30 percent more for ternal price support that is higher than farmers have remained unchanged for sugar than U.S. consumers. the United States. The Europeans are 20 years. Sugar policy, unlike other America already has one of the most open 50 percent higher than we are in this farm policies, operates at no cost to sugar markets in the world, importing sugar country, and this program does not the taxpayers, that is, no cost to the from 41 countries whether we need the sugar cost any money directly for the gov- taxpayers. In fact, sugar prices in the or not. As the world’s fourth largest net sugar ernment. United States are low by world stand- importer, we’re the only major sugar-producing But the irony of this amendment, if ards. country that is a net importer. we pass it, we probably will have for- So America’s sugar farmers cost tax- 146,000 Americans are employed by the feitures for the first time in 20 years, payers nothing, provide U.S. consumers U.S. sugar industry. A vote for the and we will cost the government with prices that are lower than the rest Blumenauer-Flake Amendment to H.R. 2744 is money. of the world, and open their market to a vote against 146,000 hard-working farmers So oppose the Blumenauer amend- imports more than other countries. and workers in 19 States. ment. This northeasterner from New York Therefore, I urge my colleagues to vote Mr. BONILLA. Mr. Chairman, I yield absolutely opposes this amendment. ‘‘no’’ on the Blumenauer-Flake Amendment to 1 minute to the gentleman from Lou- Mr. BLUMENAUER. Mr. Chairman, I H.R. 2744 and save over 100,000 American isiana (Mr. MELANCON). yield myself such time as I may con- jobs. Mr. MELANCON. Mr. Chairman, I sume. Mr. BONILLA. Mr. Chairman, I yield thank the gentleman from Texas for It is a fascinating debate that we are 1 minute to the gentleman from North yielding me this time. having. I appreciate the spirited na- Dakota (Mr. POMEROY). I stand here today, and if sugar is ture, and I hope that it leads to a Mr. POMEROY. Mr. Chairman, I such a great and wonderful and high- broader discussion, because I hope each thank the gentleman for yielding me priced subsidized commodity, someone and every Member does his or her own this time. needs to call Hugh Andre or Nooni individual research and considers some

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.125 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4257 of the fantastic claims that have been The question was taken; and the Amendment No. 6 offered by Mr. CHABOT: made here. Chairman announced that the noes ap- At the end of the bill (before the short I had one of my colleagues say, ‘‘We peared to have it. title) insert the following new section: have the most open market in the Mr. BLUMENAUER. Mr. Chairman, I SEC. ll. None of the funds appropriated or otherwise made available by this Act may world for sugar in the United States.’’ demand a recorded vote. be used to carry out section 203 of the Agri- Let us take a step back and have peo- The CHAIRMAN. Pursuant to clause culture Trade Act of 1978 (7 U.S.C. 5623) or to ple examine that, because no expert 6 of rule XVIII, further proceedings on pay the salaries and expenses of personnel that I have heard suggests that that is the amendment offered by the gen- who carry out a market program under such remotely the case. tleman from Oregon (Mr. BLUMENAUER) section. ‘‘Sugar does not receive any special will be postponed. The CHAIRMAN. Pursuant to the benefits or treatment’’? Not true. Mr. BONILLA. Mr. Chairman, I move order of the House of today, the gen- to strike the last word. Sugar alone has this system of keeping tleman from Ohio (Mr. CHABOT) and a Mr. Chairman, I yield to the gen- out production from 41 other countries Member opposed each will control 5 tleman from Pennsylvania (Mr. PETER- except under tightly controlled cir- minutes. cumstances and providing lavish guar- SON). Mr. PETERSON of Pennsylvania. Mr. The Chair recognizes the gentleman antees to many large sugar producers. from Ohio (Mr. CHABOT). The point I made earlier, was not Chairman, energy prices, specifically natural gas prices, in the United States b 1645 that somebody couldn’t cite a poor have reached drastically high levels sugar farmer that he or she may know Mr. CHABOT. Mr. Chairman, I yield and are devastating our agricultural someplace. The point I made is that if myself 3 minutes. sector. Maintaining abundant supplies the Members care about poor farmers Mr. Chairman, the rationale behind of natural gas and other various forms and other areas of agriculture, take a this amendment is simple: hard-work- of energy are essential to keeping look at this program. Forty-two per- ing taxpayers should not have to sub- American agriculture competitive cent of the benefit goes to the top 1 sidize the advertising costs of food in- within the world marketplace. percent of the producers. It is out- dustry associations or cooperatives, or According to the Fertilizer Institute State and regional trade groups. Yet rageous. It is how they are able to be- on May 26 of this year, ‘‘Natural gas is come the top agricultural contributors this is exactly what the Market Access the feedstock for producing nitrogen Program does. to political campaigns in the United fertilizer and accounts for up to 90 per- States Congress, even though sugar Since 1997, MAP has cost the Amer- cent of the cost of its production. As a ican taxpayers nearly $1 billion. Let farmers are only 1 percent of our farm result of the ongoing natural gas crisis me put that another way. Despite a production. in the United States, 21 nitrogen fer- massive budget deficit and I heard the gentleman from Florida tilizer production facilities have closed unsustainable spending on entitlement (Mr. FOLEY) say he did not care about since 1998. Sixteen of those plants have programs like Social Security and people in Mozambique. It was about closed permanently, while five plants Medicaid, the Federal Government con- jobs in Belle Glade, FL. That is an in- remain idle.’’ teresting quotation to come from him If present policy of denial of access to tinues to spend more than $100 million as a champion of open trade and a decades of natural gas reserves con- annually to underwrite the overseas member of our Committee on Ways and tinues in this country, the future offers advertising costs of groups like the Means. I will look forward to hearing no hope for relief. The U.S. Department Popcorn Institute and the Catfish In- his saying something like that when it of Energy projects that by 2010 the Na- stitute and the Ginseng Board, just to comes to CAFTA or the next trade leg- tion’s demand for natural gas will in- name a few. islation. That is completely contrary crease by another 30 percent. We can- Let me be clear. I strongly support to what I have understood his position not continue to have the highest nat- American businesses of all kinds mar- to be in the past. ural gas prices in world. We are at $7, keting their products around the The fact of the matter is that when it Canada is at $6, Europe is at $5, China world. I just do not think that the comes to lavish support for the sugar is at $4, and the rest of the world is American taxpayer should have to pay industry, we turn a blind eye, either below $2, and two countries are below for their advertising costs. It seems for politics or for sentimentality, but $1. reasonable to believe that if trade asso- the fact is that we are consistently, Mr. Chairman, as we move toward a ciations felt that advertising their consistently, paying raw sugar prices conference with the Senate, may I have products in other countries would be two to three times the world price. Do the gentleman from Texas’s (Chairman beneficial, they would do it, and they not take my word for it. Go to the non- BONILLA) commitment to work with me would pay for it. partisan Congressional Research Serv- in securing report language calling for Mr. Chairman, the General Account- ice that we rely upon or, as I men- the Economic Research Service to ex- ing Office, the GAO, has reviewed the tioned, the experts that I am putting in amine the impact of rising natural gas MAP program and has concluded that the RECORD. prices on our domestic agricultural MAP has no discernible effect on U.S. We consistently, consistently in this economy and the effects that has on agricultural exports. Let me repeat country pay more. That is why we are American agriculture in the world that: no discernible effect. But at an taking $1 to $2 billion out of the pock- marketplace? estimated cost of $140 million last year, ets of the consumer and into the hands Mr. BONILLA. Mr. Chairman, re- MAP does have a discernible impact on of the sugar industry, and that is the claiming my time, I would be happy to the American people in the form of tip of the iceberg in terms of the costs. work with the gentleman and anyone lighter wallets and in the red ink of I mentioned Florida. We would not be associated with this issue to ensure our budget deficit. putting 450,000 acres in sugarcane pro- that the Economic Research Service Let us be honest. Most American duction in Florida draining into the examine the high energy costs of nat- businesses do not benefit and do not Everglades if it were not for this lavish ural gas prices and their impact on the try to take advantage of government program. But we are as a Congress be- rural agricultural economy. handouts like MAP. Most businesses cause of the legacy of the explosive Mr. PETERSON of Pennsylvania. Mr. want to keep more of what they earn. growth. Chairman, if the gentleman will con- They want fewer burdensome regula- I will wrap up by saying there is a lot tinue to yield, I thank him for his an- tions that limit growth and stifle pro- to say. I urge colleagues to examine it swer. ductivity, and they would like the op- and to approve the Blumenauer-Flake AMENDMENT NO. 6 OFFERED BY MR. CHABOT portunity to compete on a level play- amendment. Mr. CHABOT. Mr. Chairman, I offer ing field in markets around the world. The CHAIRMAN. All time for debate an amendment. That would be a true Market Access has expired. The CHAIRMAN. The Clerk will des- Program. The question is on the amendment ignate the amendment. However, the U.S. Department of Ag- offered by the gentleman from Oregon The text of the amendment is as fol- riculture plans to spend $125 million on (Mr. BLUMENAUER). lows: MAP in the 2006 fiscal year. If recent

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.129 H08PT1 H4258 CONGRESSIONAL RECORD — HOUSE June 8, 2005 history is any indication, those groups port subsidies. So the opportunity for join National Taxpayers Union, Citi- that market pistachios and prunes and us to promote exports by giving compa- zens Against Government Waste, Tax- papaya and pears and pet food and pop- nies an incentive to buy American ag- payers For Common Sense, U.S. PIRG, corn will do pretty well, getting nearly ricultural products when they then and a whole host of other groups in $6 million in 2004. The National Water- provide sales and services overseas is passing this amendment. melon Promotion Board benefited from well worth it, if indeed you are facing The CHAIRMAN. All time having ex- MAP in the past too. that kind of competition. pired, the question is on the amend- We should ask ourselves, if these The European Union has a trade sur- ment offered by the gentleman from groups truly thought it would benefit plus in agriculture with the United Ohio (Mr. CHABOT). their bottom line to advertise in for- States. One of the reasons they do is The question was taken; and the eign markets, would they not do it on because they provide far more of this Chairman announced that the noes ap- their own dime? Would they not do it type of support than we do. So to take peared to have it. themselves? If it was their own money, away what little we have while we are Mr. CHABOT. Mr. Chairman, I de- would they not be more likely to work in the midst of intense negotiations mand a recorded vote. harder to make sure the money was with the World Trade Organization is, The CHAIRMAN. Pursuant to clause well spent? Would that not make for to me, unilateral disarmament. 6 of rule XVIII, further proceedings on more effective market access? What this program does is promote the amendment offered by the gen- MAP is the poster child for corporate the export of American agricultural tleman from Ohio (Mr. CHABOT) will be welfare. It is wasteful spending in the products. It is estimated that for every postponed. name of job creation and market access $1 billion of U.S. agricultural exports, Mr. BONILLA. Mr. Chairman, I move that fails to provide either. we create 15,000 jobs in this country. to strike the last word. I urge my fellow Members of Con- Last year we exported over $60 billion Mr. KING of Iowa. Mr. Chairman, gress to join me and the gentleman worth of agricultural products, cre- will the gentleman yield? from Ohio (Mr. BROWN) and join the ating nearly 1 million jobs. Taking Mr. BONILLA. I yield to the gen- National Taxpayers Union, Citizens away this program is going to take tleman from Iowa. Against Government Waste, Taxpayers away some of those jobs. It is not a Mr. KING of Iowa. Mr. Chairman, I For Common Sense, and U.S. PIRG in good idea. I urge my colleagues to re- appreciate the gentleman yielding on casting a vote for the overburdened ject the amendment. this important subject matter. It is an American taxpayer. Please vote ‘‘yes’’ Mr. BONILLA. Mr. Chairman, I yield issue that I know the gentleman has on this amendment. back the balance of my time. done due diligence on and paid atten- Mr. BONILLA. Mr. Chairman, I rise Mr. CHABOT. Mr. Chairman, I yield tion to. in opposition to the amendment. the balance of my time to the gen- I rise today to address the issue of an The CHAIRMAN. The gentleman tleman from Ohio (Mr. BROWN). amendment that I had prepared to offer from Texas is recognized for 5 minutes. Mr. BROWN of Ohio. Mr. Chairman, I that I will not be offering that would Mr. BONILLA. Mr. Chairman, I yield thank my friend from Ohio for his com- require the Secretary of Agriculture to myself such time as I may consume. monsense amendment. If this Congress report to Congress on the National Mr. Chairman, it is interesting to were not a captive of special interests, Animal Identification System, includ- hear the term ‘‘corporate welfare’’ that the Chabot/Brown amendment would ing the effectiveness of the pilot pro- was brought before the public to a pass unanimously. grams funded in the FY 2005 budget large degree in the previous adminis- We in this body, we preach balanced year. Analysis of the economic impact tration to try to attack a lot of private budgets; yet we spent, as the gen- of the proposed system on the livestock sector investment opportunities that tleman from Ohio (Mr. CHABOT) said, $1 industry and the expected costs of the helped create jobs. This does not fall billion on this program, on this welfare implementation of the system need to into that category. program. We preach in this body pru- be part of a report. This is a situation where individual dent spending, yet we are suggesting USDA has been working diligently to companies that receive assistance from spending $125 million for fiscal year establish a National Animal Identifica- the MAP program have to match 50 2006 on this program. We preach free tion System since December of 2003. percent of any funds received. In addi- enterprise in this body day after day That is when they discovered bovine tion, participants are required to cer- after day, yet we are using government spongiform encephalopathy, BSE, in a tify that Federal funds used under the dollars to advertise on behalf of private Canadian cow in Washington State. On program are to supplement and not re- interests. May 5, 2005, USDA announced their place private sector funds. The Market Access Program, as the Draft Strategic Plan and Draft Pro- Farmers, ranchers, and rural busi- gentleman from Ohio (Mr. CHABOT) gram Standards. The Department plans ness owners from all regions of the said, gives away $100 million annually on making this a mandatory system by country benefit from the program’s to groups like the Catfish Institute, 2009, which would identify animals for employment and economic effects from the Popcorn Institute, the Ginseng disease surveillance. expanded agricultural export markets. Board to market their products over- It is not a new concept, Mr. Chair- More than 1 million Americans have seas. We encourage these organiza- man. In fact, in the 90s we had imple- jobs that depend on exports. This pro- tions, these private for-profit or not- mented a plan to address and identify gram helps to ensure that American for-profit, it does not matter, we en- cattle vaccinated for brucellosis, which agricultural products have export mar- courage them to advertise overseas if is a bacterial disease that affects cat- kets. that helps their bottom line. But they tle, hogs, and other livestock. This pro- MAP is an effective program and de- should do it on their dime, not on the gram has been successful and is sched- serves everyone’s support. I urge a taxpayer’s dime. It simply does not uled to be phased out. This is not a new ‘‘no’’ vote on this amendment. make sense. thing for the USDA. Mr. Chairman, I yield such time as he I know what budget cuts mean to my I have been saying since before the may consume to the gentleman from district in Cleveland when we have discovery of BSE that we need an ani- Virginia (Chairman GOODLATTE), also seen the cuts that happened to NASA mal identification system that is up in opposition to this amendment. and the kinds of job loss in my commu- and running. It would be an insurance Mr. GOODLATTE. Mr. Chairman, I nity. We have seen what Medicaid cuts policy for livestock owners in the case also rise in opposition to the amend- cost in terms of quality health care. of a disease outbreak. It would also be ment. This is not the time for unilat- Yet we are going to spend $125 million a system that is beneficial for foreign eral disarmament when you are talking on a program that clearly shows no trade. It would be creative, and it about the trade competition that we real benefit to those organizations. If would be invaluable for our marketing face in the world. they did show benefit, they would be opportunities and for our breeding in- The gentleman mentions it is a $140 spending their own money. formation. million program. The European Union Mr. Chairman, I urge my colleagues Overall, the need for this system is alone spends $2 billion each year on ex- to support the Chabot amendment, to immediate. The Canadians and the

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.132 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4259 Australians, whose system I have vis- be very successful, but I am afraid that Green, Al McCotter Sanchez, Loretta ited and observed, and others already there is much more foot-dragging than Grijalva McDermott Sanders Gutierrez McGovern Schakowsky have electronic systems in place that we can afford on this issue. I would Harman McKinney Schiff they continue to refine. simply say that I would hope that both Hayworth McNulty Schwartz (PA) For the sake of disease surveillance the USDA and the Congress would be- Herger Meehan Schwarz (MI) in trade, for the future of the livestock come much more aggressive than it has Herseth Meek (FL) Scott (GA) Higgins industry, I would like to see a system Meeks (NY) Scott (VA) been so far in establishing a truly ef- Hinchey Melancon Serrano up and running as soon as possible. In fective national animal ID program, so Hinojosa Michaud Shays fact, I am in the process of finishing that we can assure the consuming pub- Hoekstra Millender- Sherman my own bill on animal identification lic that every bit of meat that is pro- Holden McDonald Simmons Holt Miller (MI) that I plan to introduce in the coming duced is in fact safe to eat. The sooner Skelton Honda Miller (NC) Slaughter weeks. we do, the sooner we set up this kind of Hooley Miller, George Smith (NJ) One of the most important and im- a system, the sooner every farmer, Hoyer Mollohan Smith (WA) mediate needs is to know what the every rancher, and every consumer will Inslee Moore (KS) Snyder Israel Moore (WI) Solis USDA has been doing. They have in- be better off. Jackson (IL) Moran (VA) Souder vested approximately $18 million in a Jefferson Murtha SEQUENTIAL VOTES POSTPONED IN COMMITTEE Spratt Jindal Nadler pilot program working in cooperative OF THE WHOLE Stark Johnson, E. B. Napolitano agreements between the States and the Strickland The CHAIRMAN. Pursuant to clause Jones (OH) Neal (MA) Stupak tribes, and the accountability of the 6 of rule XVIII, proceedings will now Kanjorski Norwood Sweeney USDA yet has not been apparent to us. resume on those amendments on which Kaptur Oberstar We need to know how these projects Kelly Obey Tanner further proceedings were postponed in Tauscher are progressing and how they justify Kennedy (RI) Olver the following order: amendment offered Kildee Owens Taylor (MS) their worth to the taxpayer. by Mr. WEINER of New York; amend- Kilpatrick (MI) Pallone Thompson (CA) Also the USDA has spent another $15 ment No. 8 offered by Mr. REHBERG of Kind Pascrell Thompson (MS) million on development, infrastruc- Montana; amendment offered by Mr. King (NY) Paul Tierney ture, promotion and staff overhead of Kucinich Payne Towns HINCHEY of New York; amendment of- Langevin Pelosi Udall (CO) the animal identification system that fered by Mr. SWEENEY of New York; Lantos Peterson (MN) Udall (NM) they are seeking to implement. It may amendment No. 5 offered by Mr. Larsen (WA) Poe Upton only be the tip of the iceberg, but when BLUMENAUER of Oregon; and amend- Larson (CT) Pomeroy Van Hollen the USDA issued its Draft Strategic Lee Porter Vela´ zquez ment No. 6 offered by Mr. CHABOT of Levin Price (NC) Visclosky Plan and Draft Program Standards in Ohio. Lewis (GA) Rahall Wasserman May, many hoped to see a cost esti- The Chair will reduce to 5 minutes Lipinski Ramstad Schultz mate for the system. the time for any electronic vote after LoBiondo Rangel Waters Farmers are concerned about the the first vote in this series. Lofgren, Zoe Renzi Watson costs that they might have to invest Lowey Reyes Watt Lynch Rogers (MI) Waxman into them out of their profit margins. b 1700 Maloney Rothman Weiner So I have those similar concerns. I am Markey Roybal-Allard AMENDMENT OFFERED BY MR. WEINER Weldon (PA) asking the USDA to produce that re- Marshall Ruppersberger Wexler The CHAIRMAN. The pending busi- port. In fact, last year in the report Matheson Ryan (OH) Wilson (NM) ness is the demand for a recorded vote Matsui Sabo language of the same appropriations Woolsey on the amendment offered by the gen- McCarthy Salazar Wu bill, there was a request for a report on McCaul (TX) Sa´ nchez, Linda tleman from New York (Mr. WEINER) Wynn BSE itself, and that was to be before McCollum (MN) T. on which further proceedings were this Congress on July 15 of 2004. We postponed and on which the noes pre- NOES—201 have not seen that report yet, and I vailed by voice vote. hope we are able to get one. The CBO Abercrombie Culberson Hefley The Clerk will redesignate the Aderholt Cummings Hensarling score for this proposal, by the way, I amendment. Alexander Cunningham Hobson did have it scored, scored it at zero; so Bachus Davis (KY) Hostettler The Clerk redesignated the amend- there is not a cost to our budget. Baker Davis (TN) Hulshof ment. Barrett (SC) Davis, Jo Ann Hunter Again, I hope we would be able to get Bartlett (MD) Davis, Tom Hyde RECORDED VOTE some report language that could ad- Barton (TX) Deal (GA) Inglis (SC) dress this important topic of animal The CHAIRMAN. A recorded vote has Beauprez DeLay Issa identification. been demanded. Berry Dent Istook A recorded vote was ordered. Bilirakis Diaz-Balart, L. Jenkins I thank the chairman for his dili- Bishop (UT) Diaz-Balart, M. Johnson (CT) gence on this issue and for yielding to The vote was taken by electronic de- Blackburn Doolittle Johnson (IL) me. vice, and there were—ayes 226, noes 201, Blunt Drake Johnson, Sam Mr. BONILLA. Mr. Chairman, re- not voting 6, as follows: Boehlert Dreier Jones (NC) Boehner Duncan Keller claiming my time, I thank the gen- [Roll No. 230] Bonilla Emerson Kennedy (MN) tleman for bringing this issue to the AYES—226 Bonner English (PA) King (IA) Bono Everett Kingston forefront. It is something that I have Ackerman Capuano Dicks Boozman Farr Kirk Allen Cardin Dingell been working on and many other Mem- Boren Feeney Kline Andrews Cardoza Doggett bers as well, and we are committed to Boustany Flake Knollenberg Baca Carnahan Doyle Boyd Forbes Kolbe working through conference to address Baird Carson Edwards Brady (TX) Fortenberry Kuhl (NY) the gentleman’s needs. Baldwin Case Ehlers Brown (SC) Foxx LaHood Barrow Chandler Emanuel Mr. OBEY. Mr. Chairman, I move to Brown-Waite, Franks (AZ) Latham Bass Clay Engel strike the last word. Ginny Frelinghuysen LaTourette Bean Cleaver Eshoo Burgess Gallegly Leach Mr. Chairman, I simply want to ex- Becerra Clyburn Etheridge Burton (IN) Garrett (NJ) Lewis (CA) press my pleasure with the gentleman Berkley Conyers Evans Buyer Gerlach Lewis (KY) Berman Cooper Fattah raising the issue of animal identifica- Calvert Gillmor Linder Biggert Costa Ferguson tion. I would simply like to say that I, Cannon Gohmert Lucas Bishop (GA) Costello Filner Cantor Goode Lungren, Daniel for one, believe that we are not moving Bishop (NY) Crowley Fitzpatrick (PA) Capito Goodlatte E. Blumenauer Cubin Foley ahead on this matter nearly fast Carter Granger Mack Boswell Cuellar Ford enough. We need a national program. Castle Graves Manzullo Boucher Davis (AL) Fossella Chabot Green, Gene Marchant We need to get to 48-hour track-back as Bradley (NH) Davis (CA) Frank (MA) Chocola Gutknecht McCrery soon as possible, and we should be Brady (PA) Davis (FL) Gibbons Coble Hall McHenry Brown (OH) Davis (IL) Gilchrest doing everything possible to move Cole (OK) Harris McHugh Brown, Corrine DeFazio Gingrey USDA forward. Conaway Hart McIntyre Butterfield DeGette Gonzalez Cramer Hastings (WA) McKeon We have a pilot project on this issue Camp Delahunt Gordon Crenshaw Hayes McMorris going on in Wisconsin which appears to Capps DeLauro Green (WI)

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.134 H08PT1 H4260 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Mica Price (GA) Smith (TX) Engel Lynch Roybal-Allard Marchant Pitts Smith (TX) Miller (FL) Pryce (OH) Sodrel Eshoo Maloney Ruppersberger Marshall Platts Snyder Miller, Gary Putnam Stearns Evans Markey Ryan (OH) McCaul (TX) Poe Sodrel Moran (KS) Radanovich Sullivan Everett Matheson Sabo McCotter Pombo Souder Murphy Regula Tancredo Fattah Matsui Salazar McCrery Porter Spratt Musgrave Rehberg Taylor (NC) Filner McCarthy Sa´ nchez, Linda McHenry Price (GA) Stearns Myrick Reichert Terry Fortenberry McCollum (MN) T. McIntyre Price (NC) Sullivan Neugebauer Reynolds Thomas Frank (MA) McDermott Sanchez, Loretta McKeon Pryce (OH) Sweeney Ney Rogers (AL) Thornberry Green, Al McGovern Sanders McNulty Putnam Tancredo Northup Rogers (KY) Tiahrt Green, Gene McHugh Saxton Meeks (NY) Radanovich Tanner Nunes Rohrabacher Mica Ramstad Taylor (NC) Tiberi Grijalva McKinney Schakowsky Nussle Ros-Lehtinen Gutierrez Miller (MI) Reichert Terry Turner McMorris Schiff Ortiz Ross Harman Meehan Schwartz (PA) Miller (NC) Renzi Thomas Walden (OR) Osborne Royce Herseth Meek (FL) Scott (VA) Miller, Gary Reyes Thompson (MS) Walsh Otter Ryan (WI) Higgins Melancon Sensenbrenner Moore (KS) Reynolds Thornberry Wamp Oxley Ryun (KS) Hinchey Michaud Serrano Moran (KS) Rogers (KY) Tiahrt Pastor Saxton Weldon (FL) Holden Millender- Shaw Moran (VA) Rogers (MI) Tiberi Pearce Sensenbrenner Weller Holt McDonald Shays Murphy Ros-Lehtinen Turner Pence Sessions Westmoreland Honda Miller (FL) Sherman Musgrave Ross Visclosky Peterson (PA) Shadegg Whitfield Hooley Miller, George Simmons Neugebauer Royce Walsh Petri Shaw Wicker Hoyer Mollohan Smith (NJ) Ney Ryan (WI) Wamp Pickering Sherwood Wilson (SC) Hunter Moore (WI) Smith (WA) Northup Ryun (KS) Wasserman Pitts Shimkus Wolf Inslee Murtha Solis Norwood Schwarz (MI) Schultz Platts Shuster Young (AK) Israel Myrick Stark Nunes Scott (GA) Weldon (FL) Pombo Simpson Young (FL) Istook Nadler Strickland Nussle Sessions Weller Jackson (IL) Napolitano Stupak Ortiz Shadegg Westmoreland NOT VOTING—6 Johnson (CT) Neal (MA) Tauscher Otter Sherwood Wexler Akin Jackson-Lee Rush Johnson, E. B. Oberstar Taylor (MS) Oxley Shimkus Whitfield Cox (TX) Jones (NC) Obey Thompson (CA) Pastor Shuster Wicker Hastings (FL) Menendez Jones (OH) Olver Tierney Pence Simpson Wilson (SC) Kaptur Osborne Towns Peterson (PA) Skelton Wolf Kelly Owens Udall (CO) Petri Slaughter Wynn b 1726 Kennedy (RI) Pallone Udall (NM) NOT VOTING—6 Messrs. PEARCE, ORTIZ, ALEX- Kildee Pascrell Upton Kilpatrick (MI) Paul Van Hollen Cox Jackson-Lee Rush ANDER, GALLEGLY, GARY G. MIL- Kind Payne Vela´ zquez Ford (TX) LER of California, LINDER, BART- King (NY) Pearce Walden (OR) Hastings (FL) Menendez LETT of Maryland, and Mrs. BONO Kucinich Pelosi Waters Langevin Peterson (MN) Watson b 1735 changed their vote from ‘‘aye’’ to ‘‘no.’’ Lantos Pickering Watt Messrs. CUELLAR, MARSHALL, Larson (CT) Pomeroy Waxman Mr. FORBES changed his vote from TANNER, BRADLEY of New Hamp- Lee Rahall Weiner ‘‘aye’’ to ‘‘no’’. shire, EDWARDS, HOEKSTRA, GOR- Levin Rangel Weldon (PA) So the amendment was rejected. Lewis (GA) Regula Wilson (NM) DON, SCHWARZ of Michigan, Ms. Lipinski Rehberg Woolsey The result of the vote was announced CORRINE BROWN of Florida, Mrs. LoBiondo Rogers (AL) Wu as above recorded. KELLY, Mrs. JONES of Ohio, and Mrs. Lofgren, Zoe Rohrabacher Young (AK) AMENDMENT OFFERED BY MR. HINCHEY Lowey Rothman Young (FL) CUBIN changed their vote from ‘‘no’’ The CHAIRMAN. The pending busi- to ‘‘aye.’’ NOES—240 ness is the demand for a recorded vote So the amendment was agreed to. Aderholt Coble Granger on the amendment offered by the gen- The result of the vote was announced Akin Cole (OK) Graves tleman from New York (Mr. HINCHEY) as above recorded. Alexander Conaway Green (WI) on which further proceedings were Andrews Cooper Gutknecht AMENDMENT NO. 8 OFFERED BY MR. REHBERG Baca Costello Hall postponed and on which the noes pre- The CHAIRMAN. The pending busi- Bachus Crenshaw Harris vailed by voice vote. ness is the demand for a recorded vote Baker Cuellar Hart The Clerk will designate the amend- Barrett (SC) Culberson Hastings (WA) ment. on the amendment offered by the gen- Barton (TX) Cunningham Hayes tleman from Montana (Mr. REHBERG) Bass Davis (FL) Hayworth The Clerk designated the amend- on which further proceedings were Beauprez Davis (KY) Hefley ment. Berry Davis (TN) Hensarling postponed and on which the noes pre- RECORDED VOTE Biggert Davis, Tom Herger vailed by voice vote. Bilirakis Deal (GA) Hinojosa The CHAIRMAN. A recorded vote has The Clerk will redesignate the Bishop (GA) DeLay Hobson been demanded. amendment. Bishop (UT) Dent Hoekstra A recorded vote was ordered. Blackburn Diaz-Balart, L. Hostettler The Clerk redesignated the amend- Blunt Diaz-Balart, M. Hulshof The CHAIRMAN. This will be a 5- ment. Boehner Doolittle Hyde minute vote. RECORDED VOTE Bonilla Drake Inglis (SC) The vote was taken by electronic de- Boozman Dreier Issa The CHAIRMAN. A recorded vote has Boren Duncan Jefferson vice, and there were—ayes 218, noes 210, been demanded. Boucher Edwards Jenkins not voting 6, as follows: A recorded vote was ordered. Boustany Emerson Jindal [Roll No. 232] Boyd English (PA) Johnson (IL) The CHAIRMAN. This will be a 5- Bradley (NH) Etheridge Johnson, Sam AYES—218 minute vote. Brady (TX) Farr Kanjorski Abercrombie Bradley (NH) Cuellar The vote was taken by electronic de- Brown (SC) Feeney Keller Ackerman Brady (PA) Cummings vice, and there were—ayes 187, noes 240, Brown-Waite, Ferguson Kennedy (MN) Allen Brown (OH) Davis (AL) Ginny Fitzpatrick (PA) King (IA) Andrews Brown (SC) Davis (CA) not voting 6, as follows: Burgess Flake Kingston Baca Brown, Corrine Davis (FL) [Roll No. 231] Burton (IN) Foley Kirk Baird Brown-Waite, Davis (IL) Butterfield Forbes Kline AYES—187 Baldwin Ginny Davis (TN) Buyer Fossella Knollenberg Barrow Burton (IN) DeFazio Abercrombie Bono Cummings Calvert Foxx Kolbe Bass Butterfield DeGette Ackerman Boswell Davis (AL) Camp Franks (AZ) Kuhl (NY) Bean Capps Delahunt Allen Brady (PA) Davis (CA) Cannon Frelinghuysen LaHood Becerra Capuano DeLauro Baird Brown (OH) Davis (IL) Cantor Gallegly Larsen (WA) Berkley Cardin Dicks Baldwin Brown, Corrine Davis, Jo Ann Cardoza Garrett (NJ) Latham Berman Cardoza Dingell Barrow Capito DeFazio Carnahan Gerlach LaTourette Berry Carnahan Doggett Bartlett (MD) Capps DeGette Carter Gibbons Leach Bishop (GA) Carson Doyle Bean Capuano Delahunt Case Gilchrest Lewis (CA) Bishop (NY) Case Duncan Becerra Cardin DeLauro Castle Gillmor Lewis (KY) Blumenauer Chandler Edwards Berkley Carson Dicks Chabot Gingrey Linder Boehlert Clay Ehlers Berman Conyers Dingell Chandler Gohmert Lucas Boren Cleaver Emanuel Bishop (NY) Costa Doggett Chocola Gonzalez Lungren, Daniel Boswell Conyers Emerson Blumenauer Cramer Doyle Clay Goode E. Boucher Costello Engel Boehlert Crowley Ehlers Cleaver Goodlatte Mack Boyd Crowley Eshoo Bonner Cubin Emanuel Clyburn Gordon Manzullo

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.047 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4261 Evans Lewis (KY) Ross Musgrave Rehberg Stearns Ferguson Larson (CT) Rogers (KY) Farr Lipinski Rothman Myrick Reichert Sullivan Filner LaTourette Rogers (MI) Fattah Lofgren, Zoe Roybal-Allard Neugebauer Renzi Sweeney Fitzpatrick (PA) Lee Ros-Lehtinen Filner Lowey Ruppersberger Ney Reynolds Tancredo Foley Levin Rothman Fitzpatrick (PA) Lynch Ryan (OH) Norwood Rogers (AL) Taylor (NC) Forbes Lewis (GA) Roybal-Allard Foley Maloney Sabo Nunes Rogers (MI) Terry Ford Lewis (KY) Ruppersberger Ford Markey Salazar Nussle Rohrabacher Thomas Fossella Linder Ryan (OH) ´ Frank (MA) Marshall Sanchez, Linda Osborne Ros-Lehtinen Thornberry Frank (MA) Lipinski Sabo Otter Royce Gonzalez Matsui T. Tiahrt Frelinghuysen LoBiondo Sa´ nchez, Linda Gordon McCarthy Sanchez, Loretta Oxley Ryan (WI) Gallegly Lofgren, Zoe Tiberi T. Green, Al McCollum (MN) Sanders Pearce Ryun (KS) Gerlach Lowey Sanchez, Loretta Pence Saxton Towns Green, Gene McDermott Schakowsky Gibbons Lungren, Daniel Sanders Peterson (MN) Schwarz (MI) Turner Grijalva McGovern Schiff Gilchrest E. Saxton Gutierrez McHugh Schwartz (PA) Petri Sensenbrenner Upton Gohmert Lynch Schakowsky Gutknecht McIntyre Scott (GA) Pickering Sessions Walden (OR) Gonzalez Maloney Schiff Harman McKinney Scott (VA) Pitts Shadegg Walsh Goode Markey Schwartz (PA) Hefley McNulty Serrano Poe Shaw Weller Gordon Matsui Herseth Meehan Shays Pombo Sherwood Westmoreland Green (WI) McCarthy Schwarz (MI) Higgins Meek (FL) Sherman Porter Shimkus Whitfield Green, Al McCaul (TX) Scott (VA) Hinchey Melancon Skelton Price (GA) Shuster Wicker Green, Gene McCollum (MN) Sensenbrenner Hinojosa Michaud Smith (WA) Price (NC) Simmons Wilson (NM) Grijalva McCotter Serrano Holden Millender- Snyder Pryce (OH) Simpson Wilson (SC) Gutierrez McDermott Shaw Holt McDonald Solis Putnam Smith (NJ) Wolf Gutknecht McGovern Shays Honda Miller, George Spratt Radanovich Smith (TX) Young (AK) Hall McIntyre Sherman Hooley Mollohan Stark Ramstad Sodrel Young (FL) Harman McNulty Simmons Hoyer Moore (KS) Strickland Regula Souder Harris Meehan Smith (NJ) Hulshof Moore (WI) Stupak Hayworth Meek (FL) Solis Inslee Moran (KS) Tanner NOT VOTING—6 Herseth Meeks (NY) Spratt Israel Moran (VA) Tauscher Cox Jackson-Lee Rush Higgins Mica Stark Jackson (IL) Murtha Taylor (MS) Hastings (FL) (TX) Slaughter Hinchey Michaud Strickland Jenkins Nadler Thompson (CA) Menendez Holden Millender- Stupak Jindal Napolitano Thompson (MS) Holt McDonald Sweeney Johnson, E. B. Neal (MA) Tierney b 1745 Hooley Miller (NC) Tancredo Jones (NC) Northup Udall (CO) Hostettler Miller, Gary Tanner Jones (OH) Oberstar Udall (NM) Messrs. SHAYS, THOMPSON of Mis- Hoyer Miller, George Tauscher Kanjorski Obey Van Hollen sissippi, BOREN, WYNN and MORAN of Hunter Mollohan Taylor (MS) ´ Kaptur Olver Velazquez Kansas changed their vote from ‘‘no’’ Hyde Moore (KS) Thompson (CA) Kelly Ortiz Visclosky Inglis (SC) Moore (WI) Thompson (MS) Kennedy (RI) Owens Wamp to ‘‘aye.’’ Inslee Moran (VA) Tiahrt Kildee Pallone Wasserman So the amendment was agreed to. Israel Murtha Tierney Kilpatrick (MI) Pascrell Schultz The result of the vote was announced Issa Myrick Towns Kind Pastor Waters Jackson (IL) Nadler as above recorded. Turner Kirk Paul Watson Jefferson Napolitano Udall (CO) Kucinich Payne Watt Jindal Neal (MA) AMENDMENT OFFERED BY MR. SWEENEY Udall (NM) Langevin Pelosi Waxman Johnson (CT) Ney Upton Lantos Peterson (PA) Weiner The CHAIRMAN. The pending busi- Johnson (IL) Obey Van Hollen Larsen (WA) Platts Weldon (FL) ness is the demand for a recorded vote Johnson, E. B. Olver Vela´ zquez Larson (CT) Pomeroy Weldon (PA) Jones (NC) Ortiz on the amendment offered by the gen- Visclosky Leach Rahall Wexler Jones (OH) Owens tleman from New York (Mr. SWEENEY) Lee Rangel Woolsey Kanjorski Pallone Wamp Levin Reyes Wu on which further proceedings were Kaptur Pascrell Wasserman Lewis (GA) Rogers (KY) Wynn postponed and on which the ayes pre- Keller Paul Schultz Waters vailed by voice vote. Kelly Payne NOES—210 Kennedy (MN) Pelosi Watson The Clerk will designate the amend- Kennedy (RI) Pence Waxman Aderholt Davis, Tom Hostettler ment. Kildee Pickering Weiner Akin Deal (GA) Hunter The Clerk designated the amend- Kilpatrick (MI) Pitts Weldon (PA) Alexander DeLay Hyde Weller ment. Kind Platts Bachus Dent Inglis (SC) King (NY) Poe Wexler Baker Diaz-Balart, L. Issa RECORDED VOTE Kirk Porter Whitfield Barrett (SC) Diaz-Balart, M. Istook The CHAIRMAN. A recorded vote has Kline Price (NC) Wilson (SC) Bartlett (MD) Doolittle Jefferson Kucinich Pryce (OH) Wolf Barton (TX) Drake Johnson (CT) been demanded. Kuhl (NY) Rahall Woolsey Beauprez Dreier Johnson (IL) A recorded vote was ordered. Langevin Ramstad Wu Biggert English (PA) Johnson, Sam The CHAIRMAN. This will be a 5- Lantos Reichert Wynn Bilirakis Etheridge Keller Larsen (WA) Renzi Young (FL) Bishop (UT) Everett Kennedy (MN) minute vote. Blackburn Feeney King (IA) The vote was taken by electronic de- NOES—158 Blunt Ferguson King (NY) vice, and there were—ayes 269, noes 158, Boehner Flake Kingston Akin Conaway Hefley Bonilla Forbes Kline not voting 6, as follows: Alexander Cooper Hensarling Bonner Fortenberry Knollenberg [Roll No. 233] Baker Costa Herger Bono Fossella Kolbe Barrett (SC) Crenshaw Hinojosa Boozman Foxx Kuhl (NY) AYES—269 Barton (TX) Cubin Hobson Boustany Franks (AZ) LaHood Abercrombie Brown (SC) Davis (CA) Beauprez Cuellar Hoekstra Brady (TX) Frelinghuysen Latham Ackerman Brown, Corrine Davis (FL) Berry Culberson Honda Burgess Gallegly LaTourette Aderholt Brown-Waite, Davis (IL) Bishop (UT) Davis (TN) Hulshof Buyer Garrett (NJ) Lewis (CA) Allen Ginny Davis (KY) Blackburn Deal (GA) Istook Calvert Gerlach Linder Andrews Burgess Davis, Jo Ann Blunt Delahunt Jenkins Camp Gibbons LoBiondo Baca Burton (IN) Davis, Tom Boehner DeLay Johnson, Sam Cannon Gilchrest Lucas Bachus Butterfield DeFazio Bonilla Dingell King (IA) Cantor Gillmor Lungren, Daniel Baird Capito DeGette Bonner Doolittle Kingston Capito Gingrey E. Baldwin Capps DeLauro Boozman Drake Knollenberg Carter Gohmert Mack Barrow Capuano Dent Boren Duncan Kolbe Castle Goode Manzullo Bartlett (MD) Cardin Diaz-Balart, L. Boswell Edwards LaHood Chabot Goodlatte Marchant Bass Carnahan Diaz-Balart, M. Boucher Emerson Latham Chocola Granger Matheson Bean Case Dicks Boustany Feeney Leach Clyburn Graves McCaul (TX) Becerra Castle Doggett Boyd Flake Lewis (CA) Coble Green (WI) McCotter Berkley Chabot Doyle Brady (TX) Fortenberry Lucas Cole (OK) Hall McCrery Berman Chandler Dreier Buyer Foxx Mack Conaway Harris McHenry Biggert Clay Ehlers Calvert Franks (AZ) Manzullo Cooper Hart McKeon Bilirakis Cleaver Emanuel Camp Garrett (NJ) Marchant Costa Hastert McMorris Bishop (GA) Clyburn Engel Cannon Gillmor Marshall Cramer Hastings (WA) Meeks (NY) Bishop (NY) Conyers English (PA) Cantor Gingrey Matheson Crenshaw Hayes Mica Blumenauer Costello Eshoo Cardoza Goodlatte McCrery Cubin Hayworth Miller (FL) Boehlert Cramer Etheridge Carson Granger McHenry Culberson Hensarling Miller (MI) Bono Crowley Evans Carter Graves McHugh Cunningham Herger Miller (NC) Bradley (NH) Cummings Everett Chocola Hart McKeon Davis (KY) Hobson Miller, Gary Brady (PA) Cunningham Farr Coble Hastings (WA) McKinney Davis, Jo Ann Hoekstra Murphy Brown (OH) Davis (AL) Fattah Cole (OK) Hayes McMorris

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.049 H08PT1 H4262 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Melancon Price (GA) Skelton Kanjorski Moore (WI) Sessions Reichert Serrano Tiahrt Miller (FL) Putnam Smith (TX) Keller Moran (VA) Shadegg Renzi Sherman Towns Miller (MI) Radanovich Smith (WA) Kennedy (RI) Murphy Shaw Reyes Sherwood Turner Moran (KS) Rangel Snyder Kind Myrick Shays Reynolds Shimkus Udall (CO) Murphy Regula Sodrel Kingston Ney Shuster Rogers (AL) Simpson Visclosky Musgrave Rehberg Souder Kirk Owens Simmons Rogers (KY) Skelton Walden (OR) Neugebauer Reyes Stearns Kolbe Pallone Smith (NJ) Rogers (MI) Slaughter Walsh Northup Reynolds Sullivan Kuhl (NY) Pascrell Smith (WA) Ros-Lehtinen Smith (TX) Wasserman Norwood Rogers (AL) Ross Snyder Schultz Taylor (NC) Langevin Paul Solis Nunes Rohrabacher Lee Payne Rothman Sodrel Waters Terry Souder Nussle Ross Lewis (GA) Pence Roybal-Allard Spratt Watt Thomas Stark Oberstar Royce Linder Peterson (PA) Ruppersberger Stearns Weldon (FL) Thornberry Sweeney Osborne Ryan (WI) Lipinski Petri Ryan (OH) Strickland Weldon (PA) Tancredo Otter Ryun (KS) Tiberi LoBiondo Pitts Ryun (KS) Stupak Weller Tiberi Oxley Salazar Walden (OR) Lowey Platts Sabo Sullivan Westmoreland Pastor Scott (GA) Walsh Manzullo Poe Tierney Salazar Tanner Wexler Pearce Sessions Watt Markey Porter Udall (NM) Sa´ nchez, Linda Tauscher Whitfield Peterson (MN) Shadegg Weldon (FL) Matheson Price (GA) Upton T. Taylor (MS) Wicker Peterson (PA) Sherwood Westmoreland McDermott Ramstad Van Hollen Sanchez, Loretta Taylor (NC) Wilson (NM) Petri Shimkus Wicker McHenry Rohrabacher Vela´ zquez Sanders Terry Wolf Pombo Shuster Wilson (NM) McKinney Royce Wamp Saxton Thomas Woolsey Pomeroy Simpson Young (AK) McNulty Ryan (WI) Watson Schakowsky Thompson (CA) Wu Meehan Schiff Waxman Schwarz (MI) Thompson (MS) Wynn NOT VOTING—6 Meeks (NY) Schwartz (PA) Weiner Scott (GA) Thornberry Young (AK) Cox Jackson-Lee Rush Miller, George Scott (VA) Wilson (SC) NOT VOTING—7 Hastings (FL) (TX) Slaughter Moore (KS) Sensenbrenner Young (FL) Menendez Cox Jackson-Lee Menendez NOES—280 Hastings (FL) (TX) Rush Hinojosa Larson (CT) b 1755 Abercrombie Dingell Larsen (WA) Ackerman Doolittle Latham Mr. ROGERS of Michigan, Ms. WA- Aderholt Drake LaTourette b 1803 TERS and Ms. CORRINE BROWN of Alexander Dreier Leach So the amendment was rejected. Florida changed their vote from ‘‘no’’ Baca Edwards Levin Bachus Emerson Lewis (CA) The result of the vote was announced to ‘‘aye.’’ Baird Engel Lewis (KY) as above recorded. So the amendment was agreed to. Baker Etheridge Lofgren, Zoe Stated against: Barrett (SC) Evans Lucas The result of the vote was announced Mr. HINOJOSA. Mr. Chairman, on rollcall as above recorded. Barrow Everett Lungren, Daniel Barton (TX) Farr E. No. 234, had I been present, I would have PERSONAL EXPLANATION Beauprez Feeney Lynch voted ‘‘no.’’ Ms. SLAUGHTER. Mr. Chairman, on rollcall Becerra Filner Mack Berry Foley Maloney PERSONAL EXPLANATION No. 232, 233, had I been present, I would Bishop (GA) Ford Marchant Mrs. NORTHUP. Mr. Chairman, I inadvert- have voted ‘‘aye’’ on both. Bishop (UT) Fortenberry Marshall ently voted ‘‘no’’ on an amendment to the fis- Blunt Foxx Matsui AMENDMENT NO. 5 OFFERED BY MR. Boehner Franks (AZ) McCarthy cal year 2006 Agriculture, Rural Development, BLUMENAUER Bonilla Gallegly McCaul (TX) Food and Drug Administration, and Related The CHAIRMAN. The pending busi- Bonner Gilchrest McCollum (MN) Agencies Appropriations Act, H.R. 2744. I in- ness is the demand for a recorded vote Bono Gillmor McCotter Boozman Gohmert McCrery tended to vote ‘‘aye’’ on the Blumenauer-Flake on the amendment offered by the gen- Boren Gonzalez McGovern Amendment regarding payments to the Sugar tleman from Oregon (Mr. BLUMENAUER) Boswell Goode McHugh Loan Program, rollcall vote number 234. Boustany Goodlatte McIntyre on which further proceedings were AMENDMENT NO. 6 OFFERED BY MR. CHABOT postponed and on which the noes pre- Boyd Granger McKeon Brady (TX) Graves McMorris The CHAIRMAN. The pending busi- vailed by voice vote. Brown (OH) Green, Al Meek (FL) ness is the demand for a recorded vote The Clerk will redesignate the Brown, Corrine Green, Gene Melancon on the amendment offered by the gen- amendment. Brown-Waite, Grijalva Mica tleman from Ohio (Mr. CHABOT) on The Clerk redesignated the amend- Ginny Gutierrez Michaud Butterfield Gutknecht Millender- which further proceedings were post- ment. Buyer Hall McDonald poned and on which the noes prevailed RECORDED VOTE Calvert Harman Miller (FL) Camp Harris Miller (MI) by voice vote. The CHAIRMAN. A recorded vote has Cannon Hastings (WA) Miller (NC) The Clerk will redesignate the been demanded. Cantor Hayes Miller, Gary amendment. A recorded vote was ordered. Capito Herseth Mollohan Cardin Higgins Moran (KS) The Clerk redesignated the amend- The CHAIRMAN. This will be a 5- Cardoza Hinchey Murtha ment. minute vote. Carnahan Hobson Musgrave RECORDED VOTE Carter Hoekstra Nadler The vote was taken by electronic de- The CHAIRMAN. A recorded vote has vice, and there were—ayes 146, noes 280, Case Holden Napolitano Chandler Honda Neal (MA) been demanded. not voting 7, as follows: Clay Hooley Neugebauer A recorded vote was ordered. [Roll No. 234] Cleaver Hoyer Northup Clyburn Hulshof Norwood The CHAIRMAN. This will be a 5- AYES—146 Coble Hunter Nunes minute vote. Akin Carson Flake Cole (OK) Hyde Nussle The vote was taken by electronic de- Allen Castle Forbes Conaway Israel Oberstar vice, and there were—ayes 66, noes 356, Andrews Chabot Fossella Costa Issa Obey Baldwin Chocola Frank (MA) Costello Jefferson Olver not voting 11, as follows: Bartlett (MD) Conyers Frelinghuysen Cramer Jenkins Ortiz [Roll No. 235] Bass Cooper Garrett (NJ) Crenshaw Jindal Osborne Bean Davis (CA) Gerlach Crowley Johnson (CT) Otter AYES—66 Berkley Davis (IL) Gibbons Cubin Johnson (IL) Oxley Akin Dent Hostettler Berman Davis, Jo Ann Gingrey Cuellar Johnson, E. B. Pastor Andrews Doggett Hyde Biggert Davis, Tom Gordon Culberson Jones (NC) Pearce Bachus Duncan Inglis (SC) Bilirakis DeGette Green (WI) Cummings Jones (OH) Pelosi Barrett (SC) Ehlers Istook Bishop (NY) Delahunt Hart Cunningham Kaptur Peterson (MN) Bartlett (MD) English (PA) Kucinich Blackburn Dent Hayworth Davis (AL) Kelly Pickering Bass Feeney Linder Blumenauer Doggett Hefley Davis (FL) Kennedy (MN) Pombo Berkley Ferguson Lipinski Boehlert Doyle Hensarling Davis (KY) Kildee Pomeroy Bradley (NH) Fitzpatrick (PA) LoBiondo Boucher Duncan Herger Davis (TN) Kilpatrick (MI) Price (NC) Brown (OH) Flake Manzullo Bradley (NH) Ehlers Holt Deal (GA) King (IA) Pryce (OH) Burgess Fossella Markey Brady (PA) Emanuel Hostettler DeFazio King (NY) Putnam Capuano Franks (AZ) Matheson Brown (SC) English (PA) Inglis (SC) DeLauro Kline Radanovich Carson Frelinghuysen McDermott Burgess Eshoo Inslee DeLay Knollenberg Rahall Castle Garrett (NJ) McHenry Burton (IN) Fattah Istook Diaz-Balart, L. Kucinich Rangel Chabot Gibbons McKinney Capps Ferguson Jackson (IL) Diaz-Balart, M. LaHood Regula Davis, Jo Ann Hayworth Miller, Gary Capuano Fitzpatrick (PA) Johnson, Sam Dicks Lantos Rehberg DeGette Hensarling Moore (WI)

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.052 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4263 Myrick Royce Tancredo Reichert Sherman Udall (CO) Pursuant to the order of the House of Paul Schakowsky Tiberi Renzi Sherwood Udall (NM) today, the gentleman from Michigan Pence Sensenbrenner Tierney Reyes Shimkus Upton Price (GA) Shadegg Van Hollen Reynolds Shuster Vela´ zquez (Mr. STUPAK) and the gentleman from Ramstad Shays Waxman Rogers (AL) Simmons Visclosky Texas (Mr. BONILLA) each will control 5 Rohrabacher Smith (NJ) Wilson (SC) Rogers (KY) Simpson Walden (OR) minutes. Rogers (MI) Skelton Walsh The Chair recognizes the gentleman NOES—356 Ros-Lehtinen Smith (TX) Wamp Ross Smith (WA) from Michigan (Mr. STUPAK). Wasserman Abercrombie Drake Larsen (WA) Rothman Snyder Mr. STUPAK. Mr. Chairman, I yield Ackerman Dreier Larson (CT) Schultz Roybal-Allard Sodrel myself such time as I may consume. Aderholt Edwards Latham Ruppersberger Solis Waters Alexander Emanuel LaTourette Ryan (OH) Souder Watson Mr. Chairman, I rise today to offer an Allen Emerson Leach Ryan (WI) Stark Watt amendment to give patients and doc- Baca Engel Lee Ryun (KS) Stearns Weiner tors the information they deserve Baird Eshoo Levin Sabo Strickland Weldon (FL) Baker Etheridge Lewis (CA) Salazar Stupak Weldon (PA) about the safety and effectiveness of Baldwin Evans Lewis (GA) Sa´ nchez, Linda Sweeney Weller prescription drugs. Barrow Everett Lewis (KY) T. Tanner Westmoreland My amendment is simple. It requires Barton (TX) Farr Lofgren, Zoe Sanchez, Loretta Tauscher Wexler the Secretary of Health and Human Bean Fattah Lowey Sanders Taylor (MS) Whitfield Beauprez Filner Lucas Saxton Taylor (NC) Wicker Services to make sure clinical trials Becerra Foley Lungren, Daniel Schiff Terry Wilson (NM) that are required to be listed in a pub- Berman Forbes E. Schwartz (PA) Thomas Wolf lic database by law are in fact listed, Berry Ford Lynch Schwarz (MI) Thompson (CA) Biggert Fortenberry Mack Woolsey and it requires those clinical trials to Scott (GA) Thompson (MS) Wu Bilirakis Foxx Maloney Scott (VA) be listed before a drug is approved to be Thornberry Wynn Bishop (GA) Frank (MA) Marchant Serrano Tiahrt Young (AK) marketed. Bishop (NY) Gallegly Marshall Sessions Towns Young (FL) My amendment requires nothing of Bishop (UT) Gerlach Matsui Shaw Turner Blackburn Gilchrest McCarthy HHS but to enforce the current law. As Blumenauer Gillmor McCaul (TX) NOT VOTING—11 part of the Food and Drug Administra- Blunt Gingrey McCollum (MN) Camp Jackson-Lee Rush Boehlert Gohmert McCotter tion Modernization Act of 1997, Con- Cox (TX) Slaughter gress mandated that a central drug Boehner Gonzalez McCrery Crenshaw Menendez Spratt Bonilla Goode McGovern Hastings (FL) Moore (KS) Sullivan trial database be created to house all Bonner Goodlatte McHugh clinical trials for all serious and life- Bono Gordon McIntyre b 1811 Boozman Granger McKeon threatening diseases and conditions. Boren Graves McMorris Mr. RYAN of Ohio changed his vote Three years later, in 2000, Boswell Green (WI) McNulty from ‘‘aye’’ to ‘‘no.’’ clinicaltrials.gov became the online Boucher Green, Al Meehan Boustany Green, Gene Meek (FL) Mr. BARRETT of South Carolina site of the clinical trials data bank. Boyd Grijalva Meeks (NY) changed his vote from ‘‘no’’ to ‘‘aye.’’ FDA issued guidance on registering Brady (PA) Gutierrez Melancon So the amendment was rejected. their trials in the clinical trials data Brady (TX) Gutknecht Mica bank in March of 2002. Two years after Brown (SC) Hall Michaud The result of the vote was announced Brown, Corrine Harman Millender- as above recorded. the guidance for the industry has been Brown-Waite, Harris McDonald AMENDMENT OFFERED BY MR. STUPAK issued, compliance with the law has Ginny Hart Miller (FL) Mr. STUPAK. Mr. Chairman, I offer been dismal at best. Burton (IN) Hastings (WA) Miller (MI) While 80 percent of drug trials are Butterfield Hayes Miller (NC) an amendment. Buyer Hefley Miller, George The Acting CHAIRMAN (Mr. TERRY). privately conducted, only 13 percent of Calvert Herger Mollohan The Clerk will designate the amend- them are listed on clinicaltrials.gov. Cannon Herseth Moran (KS) FDA analysis from 2002 showed that Cantor Higgins Moran (VA) ment. Capito Hinchey Murphy The text of the amendment is as fol- less than half of all cancer trials are on Capps Hinojosa Murtha lows: the FDA Web site. An FDA official last Cardin Hobson Musgrave year told The Washington Post that Cardoza Hoekstra Nadler Amendment offered by Mr. STUPAK: Carnahan Holden Napolitano Page 83, after line 19, insert the following they have seen no ‘‘big increase in the Carter Holt Neal (MA) sections: monthly submission of privately spon- Case Honda Neugebauer SEC. 7ll. None of the funds made avail- sored protocols’’ since 2002. Drug com- Chandler Hooley Ney able in this Act may be used by the Sec- pany compliance has been so lax that Chocola Hoyer Northup Clay Hulshof Norwood retary of Health and Human Services to keep last year even the editor in chief of the Cleaver Hunter Nunes in effect an exemption under section 505(i) of Journal of the American Medical Asso- Clyburn Inslee Nussle the Federal Food, Drug, and Cosmetic Act ciation, JAMA, assumed the registry Coble Israel Oberstar for a clinical trial that concerns a serious or was only for federally funded clinical Cole (OK) Issa Obey life-threatening disease or condition and is Conaway Jackson (IL) Olver not included in the registry of such trials trials. Conyers Jefferson Ortiz under section 402(j) of the Public Health Cooper Jenkins Osborne b 1815 Service Act. Costa Jindal Otter The reality is that this law is not a Costello Johnson (CT) Owens SEC. 7ll. None of the funds made avail- Cramer Johnson (IL) Oxley able in this Act may be used by the Sec- lack of understanding, but the law has Crowley Johnson, E. B. Pallone retary of Health and Human Services to ap- been ignored by the drug companies. Cubin Johnson, Sam Pascrell prove an application under section 505(b)(1) This amendment is simple. Before the Cuellar Jones (NC) Pastor of the Federal Food, Drug, and Cosmetic Act FDA can approve a new drug applica- Culberson Jones (OH) Payne that— Cummings Kanjorski Pearce tion, the clinical trials must be reg- (1) is for a drug for a serious or life-threat- Cunningham Kaptur Pelosi istered at clinicaltrials.gov first. FDA Davis (AL) Keller Peterson (MN) ening disease or condition; and cannot allow these drug companies to Davis (CA) Kelly Peterson (PA) (2) is under subparagraph (A) of such sec- Davis (FL) Kennedy (MN) Petri tion supported by a clinical trial that— continue to ignore the law. We said in Davis (IL) Kennedy (RI) Pickering (A) has received an exemption under sec- 1997 that the drug companies must Davis (KY) Kildee Pitts tion 505(i) of such Act; and share their drug trial information with Davis (TN) Kilpatrick (MI) Platts (B) is not included in the registry of clin- patients and doctors, especially those Davis, Tom Kind Poe Deal (GA) King (IA) Pombo ical trials under section 402(j) of the Public with serious injuries and illnesses or DeFazio King (NY) Pomeroy Health Service Act. life-threatening disease. Delahunt Kingston Porter Mr. BONILLA. Mr. Chairman, I re- This issue is not controversial. Last DeLauro Kirk Price (NC) DeLay Kline Pryce (OH) serve a point of order on the gentle- June, the American Medical Associa- Diaz-Balart, L. Knollenberg Putnam man’s amendment. tion adopted a resolution calling for a Diaz-Balart, M. Kolbe Radanovich The Acting CHAIRMAN. The gen- Federal database of clinical trials. The Dicks Kuhl (NY) Rahall tleman from Texas (Mr. BONILLA) re- AMA and others are concerned that Dingell LaHood Rangel Doolittle Langevin Regula serves a point of order on the amend- drug companies emphasize the results Doyle Lantos Rehberg ment. of positive tests while playing down

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.051 H08PT1 H4264 CONGRESSIONAL RECORD — HOUSE June 8, 2005 the negative or inconclusive results as clinical trials are registered because The Acting CHAIRMAN. As the Chair they did with Vioxx, Accutane, and the the Public Health Service Act section, has ruled, although the two entities adolescent antidepressant drugs. The 402(j), states that the database, and I are within the same Department, the New England Journal of Medicine and am using the exact language now, 402(j) amendment would require that one en- others require studies to be listed on of the Public Health Act says, shall in- tity examine the other entity’s reg- the Web site before the journals will clude a registry of clinical trials, end istry. publish articles about the studies. of quote, for which investigative and The Chair has ruled on the point of This amendment does not create any new drugs have been provided. order. new duties. This amendment does not There is nothing here new. All we are Mr. STUPAK. Mr. Chairman, in all expand the database to other drugs. No saying is the concepts used in my due respect, I do not require any of drugs are going to be denied approval, amendment are used in current law. We that. I require the Secretary of Health as long as the trials get listed. It just use the word ‘‘exemption.’’ That is in and Human Services to do it; not the requires the enforcement of this widely current law. We use ‘‘registry of clin- FDA, not the NIH, the Secretary of supported, lifesaving law. I urge my ical trials.’’ Current law. We refer to Health and Human Services. These colleagues to support my amendment. only serious or life-threatening disease agencies, Food and Drug Administra- Mr. Chairman, I reserve the balance or condition. That is current law. tion, NIH, are underneath their juris- of my time. There are no new duties here. diction. That is why we drafted it this POINT OF ORDER The Acting CHAIRMAN. The gen- way, to get around the germaneness Mr. BONILLA. Mr. Chairman, I make tleman from Texas makes a point of issue. We are not requiring FDA or a point of order against the amend- order that the amendment offered by NIH. It is only the Secretary of HHS. ment because it proposes to change ex- the gentleman from Michigan proposes As to the second part of your ruling, isting law and constitutes legislation to change existing law in violation of Mr. Chairman, you said we are creating in an appropriations bill and, therefore, clause 2 of rule XXI. new law. We were very careful, as I violates clause 2 of rule XXI. The rule As recorded in Deschler’s Precedents, pointed out, that every word used in states in pertinent part: ‘‘An amend- volume 8, chapter 26, section 52, even the proposed amendment is the same ment to a general appropriations bill though a limitation or exception there- words used in the Public Health Serv- shall not be in order if changing exist- from might refrain from explicitly as- ice Act and the Federal Food, Drug and ing law.’’ The amendment imposes ad- signing new duties to officers of the Cosmetic Act. That is exemption, that ditional duties. government, if it implicitly requires is in both acts; registry of clinical I ask for a ruling from the Chair. them to make investigations, compile trials, exact same words; and limits to, The Acting CHAIRMAN (Mr. TERRY). evidence, or make judgments and de- quote, serious or life-threatening dis- Does any Member wish to be heard on terminations not otherwise required of ease or condition, again words all the point of order? them by law, then it assumes the char- found in the 1997 act which we require Mr. STUPAK. Mr. Chairman, this acter of legislation and is subject to a the Secretary to do, so we do not get does not require any new duties, none point of order under clause 2(c) of rule into this thing about putting a new re- whatsoever. If the chairman would XXI. quirement on FDA or NIH. point that out to me, maybe we could The proponent of a limitation as- The Acting CHAIRMAN. The Chair have a discussion about it; but there sumes the burden of establishing that has ruled. The gentleman’s comments are no new duties being required here. any duties imposed by the provision ei- are post-facto argument and not a It does not require the drug companies ther are merely ministerial or are al- proper parliamentary inquiry. to do anything different than they ready required by law. AMENDMENT OFFERED BY MR. HEFLEY were required to do in 1997. They do not In the statutory context chosen by Mr. HEFLEY. Mr. Chairman, I offer have to report the results of the stud- the amendment, a Federal official at an amendment. ies. They just have to report it. In ad- the Food and Drug Administration The Acting CHAIRMAN. The Clerk dition, it does not mandate posting would be required to examine a reg- will designate the amendment. trials for anything else, because we istry of clinical trials maintained by a The text of the amendment is as fol- have limited it more to the serious and different entity, the National Insti- lows: life-threatening, exactly what the law tutes of Health, before exempting a Amendment offered by Mr. HEFLEY: said in 1997. We did not expand the drug for a clinical trial or approving an At the end of the bill (before the short title), insert the following: scope of it. The FDA simply has to en- application for a drug under existing SEC. 7ll. Appropriations made in this Act force what they are supposed to enforce law. Under the terms of section 402(j) of are hereby reduced in the amount of by law. The FDA has already published the Public Health Service Act, the reg- $168,320,000. several guidelines to drug companies istry of clinical trials is fluid, with The Acting CHAIRMAN. Pursuant to about which drug trials have to be list- each clinical trial sponsor being al- the order of the House of today, the ed, when they have to be listed, and lowed 21 days after the approval of a gentleman from Colorado (Mr. HEFLEY) what has to be listed. If they can get drug to submit required information. and the gentleman from Texas (Mr. them listed, it can be approved. The In the opinion of the Chair, an exam- BONILLA) each will control 5 minutes. amendment simply instructs the Sec- ination of the contents of that fluid The Chair recognizes the gentleman retary of HHS, not FDA but HHS, to registry of data maintained by the NIH from Colorado (Mr. HEFLEY). ensure compliance. It makes sure one would constitute a new duty on the Mr. HEFLEY. Mr. Chairman, I yield hand of the HHS talks to the other. Federal officials at the FDA. The Chair myself such time as I may consume. When we drafted this amendment, it finds that the gentleman from Michi- I will not take a lot of time with should be made germane because it gan has not met his burden to show this. I rise again today to offer an concerns the use of funds for carrying that the new duty imposed is ministe- amendment to cut the level of funding out the Federal Food, Drug and Cos- rial. in this appropriations bill by 1 percent. metic Act and funds for that purpose Accordingly, the point of order is This amount equals $168.32 million, provided in the bill. As to whether sustained and the amendment is not in which represents only one penny off there are those duties, I referred to the order. every dollar. Secretary here. I did not refer to any- PARLIAMENTARY INQUIRY As most Members are aware, I have one else, the same as the 1997 law. We Mr. STUPAK. Mr. Chairman, I have a offered a series of amendments on ap- have said ‘‘Secretary’’ because it is parliamentary inquiry. propriations bills like this. It is no used in both the Food, Drug and Cos- The Acting CHAIRMAN. The gen- criticism of the committee or the job metic Act and also the Public Health tleman may state his inquiry. that they have done. It is just the idea Service Act, that is, HHS administers Mr. STUPAK. Mr. Chairman, does that we need somewhere to begin to both of these acts. Therefore, there is the Federal Food and Drug Administra- draw the line, and the budget we have nothing new. tion and NIH not fall underneath the next year is simply too large, and we The argument is not that there is a Health and Human Services, HHS, De- can do something about the deficit new duty for HHS to check whether partment? right now.

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.151 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4265 By voting for this amendment, you Mr. KUCINICH. Mr. Chairman, I yield possible extinction of important com- are stating that American taxpayers myself such time as I may consume. mercial fish species like salmon. The should not have to pay higher taxes in Mr. Chairman, I am offering this National Academy of Sciences has ex- the future because we could not control amendment today to begin a discussion amined this issue in their report ‘‘Ani- our spending today. This fiscal year in this House which is aimed at ensur- mal Biotechnology: Science Based Con- 2006 agriculture appropriations bill pro- ing the livelihood of commercial fisher- cerns, 2002,’’ and found ‘‘considerable vides nearly $17 billion in total discre- men and protecting our oceans, lakes, risk’’ and a need for more research. tionary resources and represents an in- and streams. This amendment is a rea- ‘‘Transgenic Atlantic salmon pose a crease of $93 million over the Presi- sonable and moderate safeguard. It will near-term regulatory issue. A brief re- dent’s request. delay FDA approval of genetically en- view of the hazards they pose provides Mr. Chairman, I ask for support of gineered fish for a year. This amend- a useful illustration of the environ- this amendment. ment is necessary because commercial mental hazards posed by GE aquatic Mr. Chairman, I reserve the balance fishermen and environmentalists have species more generally. of my time. raised concerns that GE fish may pose ‘‘The committee’s review,’’ con- Mr. BONILLA. Mr. Chairman, I yield ecological risks. Scientists from Pur- tinuing on of the quote, ‘‘of ecologic myself such time as I may consume. due University and the University of principles and empirical data suggests Again in a bipartisan way, this sub- Minnesota have raised a number of se- a considerable risk of ecologic hazards committee works very hard to put a rious questions about the ecological being realized should transgenic fish or bill together each year with the major- impacts of GE fish. These risks include shellfish enter the natural ecosystems. ity-passed budget constraints that we GE fish escape from ocean pens into In particular, greater empirical knowl- have to live under. The gentleman from the environment, which could impact edge is needed to predict the outcome Colorado is a good Member who comes wild populations of fish. should transgenes become introgressed to the table year in and year out, and In this first chart, Mr. Chairman, GE into natural populations of aquatic or- sometimes week in and week out, with fish are being engineered to grow faster ganisms.’’ an effort to cut the bill even further. and bigger. However, several fish ecolo- The American Society of Ichthyolo- However, again, with all due respect to gists from the University of Minnesota gists and Herpetologists, the science his efforts, the bills that we put to- and Purdue University have expressed society of experts on fish, amphibians, gether on appropriations are done as a concerns with these salmon, as their and reptiles, has joined the call for a 1- part of a team effort. We feel like we accidental release may create environ- year moratorium. This amendment is are at the rock bottom number that we mentally disastrous extinctions of nat- strongly supported by commercial fish- could possibly be at at this point and ural wild salmon species. ermen because their struggling indus- strongly oppose the amendment. In the second chart, the bottom fish try cannot afford a negative ecological Mr. Chairman, I yield back the bal- is the same age as the two smaller fish impact on the wild fish species that ance of my time. on top. they depend on for their livelihood. Mr. HEFLEY. Mr. Chairman, I yield b 1830 Several States have passed legisla- back the balance of my time. tion regulating GE fish, including pro- But, of course, what we have here is The Acting CHAIRMAN. The ques- hibitions, labeling requirements, and a genetically engineered fish on the tion is on the amendment offered by permit requirements. The States in- the gentleman from Colorado (Mr. bottom. The third chart, scientists have de- clude Alaska, California, Maryland, Or- HEFLEY). egon, Michigan, Minnesota, Wisconsin, The question was taken; and the Act- termined that a larger fish has an ad- vantage in mating. Thus, larger GE and Washington. ing Chairman announced that the noes Mr. Chairman, I brought this discus- fish, which are more aggressive and appeared to have it. sion to this House for the purposes of consume more food, attract more Mr. HEFLEY. Mr. Chairman, I de- alerting the Members of Congress that mates than wild fish. In essence, one mand a recorded vote. we need to have a deep debate about could call this one the ‘‘handsomely The Acting CHAIRMAN. Pursuant to this, that we need to do more research, big GE fish’’ is more successful than clause 6 of rule XVIII, further pro- we need to get into this; and for that the ‘‘lonely natural fish.’’ ceedings on the amendment offered by reason I would have the debate con- the gentleman from Colorado (Mr. Scientists have also determined that these GE fish may survive for only a tinue. HEFLEY) will be postponed. Mr. Chairman, I ask unanimous con- limited number of generations in the AMENDMENT OFFERED BY MR. KUCINICH sent to withdraw the amendment. wild. Their offspring will be less fit and Mr. KUCINICH. Mr. Chairman, I offer The Acting CHAIRMAN (Mr. TERRY). an amendment. less likely to survive. So we are talk- Is there objection to the request of the The Acting CHAIRMAN. The Clerk ing about the survival of species here. gentleman from Ohio? will designate the amendment. On the fourth chart, mutant fish are There was no objection. created as GE fish escape into the wild The text of the amendment is as fol- AMENDMENT OFFERED BY MR. GARRETT OF NEW lows: and mate with natural fish. The mu- JERSEY Amendment offered by Mr. KUCINICH: tant’s fish larger size gives an advan- Mr. GARRETT of New Jersey. Mr. Page 83, after line 19, insert the following tage in mating, forcing new genetic Chairman, I offer an amendment. section: traits to be integrated into the wild. The Acting CHAIRMAN. The Clerk SEC. 7ll. None of the funds made avail- But these mutant fish may only sur- will designate the amendment. able in this Act for the Food and Drug Ad- vive for a limited number of genera- ministration may be used for the approval or The text of the amendment is as fol- process of approval, under section 512 of the tions in the wild. The implications are lows: Federal Food, Drug, and Cosmetic Act, of an serious. After several generations, nat- Amendment offered by Mr. GARRETT of application for an animal drug for creating ural fish may go extinct because larger New Jersey: transgenic salmon or any other transgenic GE fish are more successful than nat- Page 83, after line 19, insert the following fish. ural fish in mating. Mutant fish also go (and make such technical and conforming The Acting CHAIRMAN. Pursuant to extinct because their mutant genes de- changes as may be appropriate): the order of the House of today, the crease the survivability of the species. SEC. 768. None of the funds made available gentleman from Ohio (Mr. KUCINICH) As a result of GE fish producing unfit under the heading ‘‘FOOD AND NUTRITION and a Member opposed each will con- offspring that are more successful in SERVICE—Food Stamp Program’’ in title IV trol 5 minutes. mating, the Purdue scientists predict may be expended in contravention of section Mr. BONILLA. Mr. Chairman, I re- that if 60 genetically engineered fish 213a of the Immigration and Nationality Act serve a point of order on the gentle- were introduced into a population of (8 U.S.C. 1183a). man’s amendment. 60,000 wild fish, the species would be- The Acting CHAIRMAN. Pursuant to The Acting CHAIRMAN. The gen- come extinct within only 40 fish gen- the order of the House today, the gen- tleman reserves a point of order. erations. tleman from New Jersey (Mr. GARRETT) The Chair recognizes the gentleman Scientists call this outcome the Tro- and the gentleman from Texas (Mr. from Ohio (Mr. KUCINICH). jan Gene Effect. The end result is a BONILLA) each will control 5 minutes.

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.155 H08PT1 H4266 CONGRESSIONAL RECORD — HOUSE June 8, 2005 The Chair recognizes the gentleman quite enough money in the Food Stamp Mr. BONILLA. Mr. Chairman, I yield from New Jersey (Mr. GARRETT). Program today, in their opinion, that back the balance of my time. Mr. GARRETT of New Jersey. Mr. it is not adequate to provide all that is The Acting CHAIRMAN. The ques- Chairman, I yield myself such time as needed. So, under such circumstances, tion is on the amendment offered by I may consume. we should not be adding to the incen- the gentleman from New Jersey (Mr. Today I rise to support an amend- tive for other people to become part of GARRETT). ment that hopefully will be seen as a this program and become public The question was taken; and the Act- common sense amendment. It deals charges to the taxpayer. ing Chairman announced that the noes with H.R. 2744, more specifically with I, therefore, conclude by saying I appeared to have it. the Food Stamp Program aspect of it, urge of all my colleagues to support Mr. GARRETT of New Jersey. Mr. and simply says that we should be com- this common sense amendment. Chairman, I demand a recorded vote. plying with the Immigration and Na- Mr. Chairman, I reserve the balance The Acting CHAIRMAN. Pursuant to tionality Act when we pass this legisla- of my time. clause 6 of rule XVIII, further pro- tion. The amendment is common sense Mr. BONILLA. Mr. Chairman, I yield ceedings on the amendment offered by because it simply says that we should myself such time as I may consume. the gentleman from New Jersey (Mr. always abide by current Federal law. Mr. Chairman, I rise in opposition to GARRETT) will be postponed. As it stands right now with regard to the amendment. This is somewhat un- AMENDMENT OFFERED BY MR. STUPAK current Federal law, 8 USC 1183(a), it usual, and I appreciate the gentleman Mr. STUPAK. Mr. Chairman, I offer states that an affidavit must be filed from New Jersey’s (Mr. GARRETT) con- an amendment. by a sponsor of an alien who is in this cern in this area. However, this is al- The Acting CHAIRMAN. The Clerk country legally today. This affidavit of most like going into a neighborhood will designate the amendment. support is a legally binding guarantee and seeing a family that is playing by The text of the amendment is as fol- on the part of a sponsor that the immi- the rules and respecting the law and we lows: grant that is in this country that they are going to pass a law that says you Amendment offered by Mr. STUPAK: are sponsoring will not become a public have to do that all over again. So, in Page 83, after line 19, insert the following charge of this country. That is, that our view, it is unnecessary and duplica- section: they will not become dependent on wel- tive and there is no indication that SEC. 7ll. None of the funds made avail- fare. And it is limited for a period of 10 USDA is doing anything to contradict able in this Act may be used by the Food and years or until that person becomes a statutory provisions right now related Drug Administration to conduct any inves- citizen, whichever comes first. This to collection from sponsors of food tigation of, or take any employment action against, an officer or employee of the Food ‘‘public charge’’ requirement is nothing stamp benefits paid to sponsored and Drug Administration pursuant to the of- new. It goes all the way back to our aliens. ficer or employee providing to the Congress immigration policy way back in 1880. So, because of the redundancy and or the public information or opinions that Secondly, with regard to current law, the statement of the obvious, frankly, concern such Administration and are not current Federal law states that this af- I would oppose the amendment. prohibited from disclosure under section fidavit is enforceable against the spon- Mr. Chairman, I reserve the balance 301(j) of the Federal Food, Drug, and Cos- sor of the immigrant by any Federal of my time. metic Act. Government or State, or political sub- Mr. GARRETT of New Jersey. Mr. Mr. BONILLA. Mr. Chairman, I re- division thereof, or any other entity Chairman, I yield myself such time as serve a point of order against the gen- that provides any means-tested public I may consume. tleman’s amendment. benefit. This means that the sponsor I appreciate the comments, and if we The Acting CHAIRMAN. Pursuant to and not the U.S. taxpayer is to be the can be provided with some evidence the order of the House today, the gen- individual that is responsible for the that the Department is, in fact, com- tleman from Michigan (Mr. STUPAK) alien. It also requires providers of plying with the law, that would be and a Member opposed each will con- these benefits to seek reimbursement greatly appreciated. It is our under- trol 5 minutes. from the sponsors and even allows the standing that currently aliens who are The Chair recognizes the gentleman government to sue for noncompliance. in this country under this program who from Michigan (Mr. STUPAK). Just a side note here of interest, have a sponsor are, in fact, receiving Mr. STUPAK. Mr. Chairman, I yield there is another law currently on the food stamps under the current law and myself such time as I may consume. books in this country, 8 USC 1227, and that there has been no effort whatso- I rise to offer an amendment that it makes it clear that aliens who are in ever, ever, in any cases to go after and will ensure that the FDA continues to country who do become public charges reclaim those funds from the sponsor carry out its mission to promote drug within 5 years of their entry into this in the case. So I would be appreciative safety and effectiveness and assist the country that they are actually subject of that information at a later date or public in obtaining accurate science- to deportation in some cases. now if the gentleman has it. based information. The amendment that is before us Mr. BONILLA. Mr. Chairman, will The FDA’s mission is not to conduct simply says this: It simply states that the gentleman yield? secret investigation of its own employ- no funds appropriated in this Act under Mr. GARRETT of New Jersey. I yield ees. Unfortunately, some of the FDA’s the Food Stamp Program will be spent to the gentleman from Texas. recent actions seem like they are more in noncompliance of current Federal Mr. BONILLA. Mr. Chairman, I about protecting themselves than pro- law. This amendment is simply about would just note that the responsibility tecting the American public. enforcing current law. If one does not for enforcing the laws that the gen- My amendment is very simple. It for- like the current law that goes all the tleman is referring to actually fall bids the use of funds by the FDA to way back to 1880, they certainly have a under the U.S. Citizenship and Immi- conduct any investigation of or take right to try to change that, but that gration Services, USCIS, and the State any action against an FDA employee should be done in another piece of leg- welfare departments. States are re- who provides information or an opinion islation and not through this vehicle. sponsible for making demand for and to the public or Congress that concerns So by not supporting my amendment, collecting from sponsors any benefits the FDA and is not prohibited from they are publicly admitting on the paid to sponsored aliens. So there is no being released under the law. floor in the United States that our indication that the USDA is violating Congress has expressed serious con- laws elsewhere on the books are not to any of these regulations and rules, cerns regarding recent reports that be complied with. again emphasizing that the responsi- FDA has asked Dr. David Graham to I will just end with this: Yesterday, a bility for compliance here lies with leave his current position within the group of constituents was in my office other agencies and some at the State Office of Drug Safety after more than from a group called Bread for the level. 20 years of service. Dr. Graham has World, and they came to emphasize the Mr. GARRETT of New Jersey. Mr. been a dedicated public servant, work- fact that people in this country are Chairman, I yield back the balance of ing to ensure the safety of America’s going hungry and that there is not my time. drug supply. Dr. Graham was asked to

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.160 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4267 testify before Congress at the request Card, who said, ‘‘The agency is doing a I urge my colleagues to support the of a committee Chair and was under an spectacular job,’’ and should ‘‘continue amendment. obligation to answer a question posed to do the job they do.’’ POINT OF ORDER by the committee based on his exper- Unfortunately, we know that the Mr. BONILLA. Mr. Chairman, I make tise. And Dr. Graham, to his credit, an- FDA has not always lived up to its re- a point of order. swered, in his opinion, there are five sponsibilities; and rather than encour- The Acting CHAIRMAN (Mr. TERRY). more drugs that we should look at, in- aging employees to speak out and en- The gentleman will state his point of cluding the drug called Accutane, gage in scientific debate, the FDA has order. which has over 250 suicides associated worked hard to silence employees who Mr. BONILLA. Mr. Chairman, I make with it. The public’s interest and soci- believe that a drug on the market is a point of order against the amend- ety’s safety is certainly not served harmful to the health of the American ment because it proposes to change ex- when the FDA goes around and asks people. isting law and constitutes legislation their safety officers to leave their job Dr. David Graham, as my colleague in an appropriations bill and therefore because they have done their job and pointed out, is just one example of how violates clause 2 of rule XXI. The rule honestly answered a question put forth things have gone wrong at the FDA. states in pertinent part: ‘‘An amend- by committee members in a congres- After 20 years of service, when Dr. ment to a general appropriations bill sional setting. Graham testified before the Senate Fi- shall not be in order if changing exist- In the words of Dr. Janet Woodcock, nance Committee at the request of the ing law.’’ The amendment imposes ad- the former director of the Center of committee chairman in November of ditional duties. Drug Evaluation and Research, ‘‘... 2004, in response to a question, he list- I ask for a ruling from the Chair. FDA thrives on differences of scientific ed, as has been stated, five drugs he be- The Acting CHAIRMAN. Does any opinion. That reality is our culture. lieved to pose serious health risks. Member wish to be heard on the point His concerns turned out to be war- Our scientists have the right to speak of order? ranted. One of the drugs he mentioned, up and disagree and have a vigorous Mr. STUPAK. Mr. Chairman, if I Vioxx, has since been removed from the scientific debate. That’s how we arrive may, I ask for the learned chairman to market, following reports that it at the best decisions.’’ tell me where we are imposing a new causes heart attack and stroke, and However, the FDA actions are con- duty on the FDA. What we are asking others on the list have been shown to trary to this statement. The treatment here is simply that the FDA follow the have equally serious and sometimes of Dr. Graham and other employees un- law; that they not use funds, as my col- deadly side effects. league put it, for reprisals against em- doubtedly has had a chilling effect on FDA employees did all they could to ployees who are encouraged to speak the willingness of FDA’s employees to stop Dr. Graham from testifying. A their mind, and when they speak their speak up and disagree when they be- statement by the head of the agency, mind, they are investigated and har- lieve the public’s health is at risk. Dr. Crawford, was e-mailed to the re- assed and intimidated and asked to Other reports have said that the Di- porters quoting something that leave their jobs. rector of the Center of Drug Safety Graham said in an internal e-mail. My amendment specifically says we himself, Dr. Steve Galson, contacted After the hearing, Dr. Graham himself do not disclose, and make sure we do the editor of the Lancet to suggest said, ‘‘Senior management at the FDA not disclose, anything that is confiden- that Dr. Graham manipulated a study did everything in their power to in- tial, proprietary, proprietary interests to be published in the Lancet. At the timidate me prior to my testimony.’’ same time, according to the Govern- FDA employees went out of their of the drug companies. As long as those ment Accountability Project, FDA way to slander Dr. Graham. The direc- are not disclosed and not confidential managers posed as whistleblowers, at- tor of the Center of Drug Safety, Dr. in that manner and no one does it, then tacking Dr. Graham’s credibility in an Steven Galson, contacted the editor of there is no reason to be harassing, in- effort to discourage the Government the Lancet to suggest that Dr. Graham timidating, and investigating people Accountability Project from taking manipulated a study which was about who testify before advisory commit- from Dr. Graham as a client. to be published. tees. The FDA also launched an investiga- The Government Accountability There is no new change in the law. tion into Dr. Andrew Mosholder when a Project has reported that FDA man- All we are saying is FDA, you are also newspaper reported he was not able to agers posed as whistleblowers to attack subject to law. You have to follow the testify before an advisory committee his credibility. Fortunately, they were law. And those things that are con- about his concerns about antidepres- foolish enough to call from government fidential and proprietary in interest, sant use in children. This shameful be- phones so that the source of the calls we do not expect you will disclose havior by management of the FDA can- was easy to trace and the trail ended at them; therefore we do not do it. not continue, and we demand that we the FDA. So if someone can tell me what is the put a stop to it. FDA has since said that they are new duty, I will be happy to draft my I ask for support of my amendment. working to improve the handling of dif- amendment before we are done tonight, Mr. Chairman, I reserve the balance ferences of opinion and that it ac- and we will make it in order then. I of my time. knowledged the right of employees to really do not see any new duty being Ms. DELAURO. Mr. Chairman, I move raise concerns to oversight groups. In imposed here, with all honesty. I am to strike the last word. that case, they should welcome the not trying to be flippant; I am just try- Mr. Chairman, I rise in strong sup- passage of this amendment to give its ing to get an answer to my question. port of the gentleman from Michigan’s employees whistleblower attention. Just like the last one, there is no new (Mr. STUPAK) amendment to provide Mr. Chairman, the Food and Drug duty. whistleblower protection to FDA em- Administration is charged with such an So if someone can tell me that, I will ployees. important responsibility. It ensures be happy to change the amendment to We have talked a lot today about sci- that medications that Americans take make it germane. entific and management problems at every day are safe. It should be simple; The Acting CHAIRMAN. The gen- the FDA, about whether their sci- it should be done without influence, by tleman from Texas makes a point of entific advisory committees have been industry or anyone else. order that the amendment offered by corrupted by pharmaceutical company Unfortunately, that is not always the the gentleman from Michigan proposes influence, about how we can be sure case; and when things go wrong, we de- to change existing law, in violation of that FDA has the tools that it needs to pend on scientists at the agency to clause 2(c) of rule XXI. do its job to protect the health of the alert the American public that they As recorded in Deschler’s Precedents, American people. may be putting their health in serious volume 8, chapter 26, section 52, even jeopardy with a certain medication. though a limitation or exception there- b 1845 This amendment simply says that we from might refrain from explicitly as- Yet I might just quote to you the will ensure that they can do that with- signing new duties to officers of the White House Chief of Staff, Andrew out fear of reprisal. government, if it implicitly requires

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.163 H08PT1 H4268 CONGRESSIONAL RECORD — HOUSE June 8, 2005 them to make investigations, compile The Acting CHAIRMAN. With regard the projected $375 billion to down evidence or make judgments and deter- to the inquiry, the Chair states again around $300 billion. But still that is a minations not otherwise required of that the amendment, by limiting funds lot of money. Even though we have them by law, then it assumes the char- for some, but not all, employment in- seen some good things happen because acter of legislation and is subject to a vestigations, requires the officials con- of the tax relief that President Bush point of order under clause 2(c) of rule cerned to make determinations regard- pushed and was passed by the House XXI. ing a specific type of employee behav- and Senate, we still need to look for- The proponent of a limitation as- ior prior to initiating an employment ward and see how we are going to cre- sumes the burden of establishing that investigation in order to discern ate a strong economy, not only in the any duties imposed by the provision ei- whether it is an employment investiga- agricultural area, but in all facets of ther are merely ministerial or are al- tion of the type for which funds have the United States. ready required by law. been limited. Those are determinations Right now we know that in the agri- The Chair finds that the limitation which they are not charged with under cultural community regulatory costs proposed in the amendment offered by existing law. are creating problems down on the the gentleman from Michigan does Mr. STUPAK. But, Mr. Chairman, farm. We already know that less gov- more than merely decline to fund em- with all due respect, the FDA does ernment regulation not only means ployment investigations. Instead, it re- make investigations under current law granting freedom to allow Americans quires the officials concerned to make under their own administration. So to pursue their dreams; it also means determinations regarding a specific how can you say they are not charged providing the space for businesses to type of employee behavior prior to ini- with the duty of doing investigations thrive in agricultural areas and cre- tiating an employment investigation. of their employees? They make that ating more jobs in those same areas This is a matter which they are not determination every day, whether a communities. Instead, our Federal charged with under existing law. member can speak at an advisory com- Government has become a creeping ivy On these premises, the Chair con- mittee, whether a member can answer of regulations that strangle enterprise cludes that the amendment offered by a question, an FDA doctor, at a con- and that makes it more difficult to the gentleman from Michigan proposes gressional hearing, as we saw with Dr. keep and create jobs in rural America. to change existing law. Graham. Unrealistic and unnecessary prohibi- Accordingly, the point of order is I am bemused, to say the least. tions, along with burdensome man- sustained. The Acting CHAIRMAN. The Chair dates, are creating difficulties for our PARLIAMENTARY INQUIRY has ruled. farmers, ranchers, and those involved Mr. STUPAK. Mr. Chairman, I have a AMENDMENT OFFERED BY MR. TIAHRT in the agricultural industry. How can parliamentary inquiry. Mr. TIAHRT. Mr. Chairman, I offer we expect our agriculture economy to The Acting CHAIRMAN. The gen- an amendment. develop and grow when bureaucracy tleman will state it. The Acting CHAIRMAN. The Clerk prevents farm businesses from starting Mr. STUPAK. Mr. Chairman, we will designate the amendment. or expanding? With the decreasing drafted these amendments carefully The text of the amendment is as fol- numbers of farms and the growing av- with legislative counsel and others to lows: erage age of farmers, we need to be make sure they were germane. If you doing everything we can to eliminate Amendment offered by Mr. TIAHRT: want to rule that they are not ger- At the end of the bill (before the short the barricades farmers and ranchers mane, I guess you have the right to do title) insert the following: face so that, as they provide the food that; and I will not appeal the ruling of SEC. ll. None of the funds made available to feed our Nation and the world, they the Chair because I can count the in this Act may be used to promulgate regu- can do so in an easier fashion. votes. lations without consideration of the effect of One area where the United States De- But the thing I would ask, when a such regulations on the competitiveness of partment of Agriculture has an oppor- Member has a parliamentary inquiry, if American businesses. tunity to reduce burdens for the pri- someone would at least tell us where Mr. BONILLA. Mr. Chairman, I re- vate industry is in the area of national the amendment is wrong so it can be serve a point of order on the gentle- animal identification. I know there is corrected. With all due respect to the man’s amendment, but I do understand concern among private industry that chairman, you read what was put forth, that the gentleman is going to with- implementing a national system to but you never say what is wrong with draw his amendment. track cattle and other animals will end our amendment. The Acting CHAIRMAN. The point of up creating huge costs that will get What is wrong with these last two order is reserved. passed on back to the producer. There amendments that made them not ger- Pursuant to the order of the House of is even greater concern among the pri- mane, so we can correct it to be within today, the gentleman from Kansas (Mr. vate industry that there will be no the parliamentary setting of this body? TIAHRT) and a Member opposed each value added to the end product, despite We have part of the House institution will control 5 minutes. the increased costs associated with im- telling us our amendments are in The Chair recognizes the gentleman plementing an animal identification order. We get to the floor, and we find from Kansas (Mr. TIAHRT). program. them not in order. Mr. TIAHRT. Mr. Chairman, I yield As the Department of Agriculture I guess it is just a little frustrating myself such time as I may consume. looks at implementing national animal when we talk about the health and Mr. Chairman, we have the number ID, I think they should work closely safety of the American people, and we one economy in the world. It is the with industry to find a private solution have examples where the FDA has not envy of the world. But we are looking to help pay for the costs associated done their job, so we try to correct it at some signs that I think indicate a with creating such a vast and complex in the only body we can, through legis- long-term problem. Where will this system. lative amendments, and we come here economy and this country be 10 years, While working with State govern- and we get this ‘‘speak-legalese,’’ and I 15 years, 20 years from now? We have a ments and universities is an important do not have anything against legals lot going on around the world as far as process, I hope that USDA will be for- since I am an attorney myself. But just other countries trying to develop a ward-thinking in forging public-private a simple question like where are we stronger economy, looking forward, partnerships to pursue market solu- legislating in this appropriations bill, eliminating the barriers that were cre- tions that will help producers recover when we have such tightly crafted ated by their own governments, so that costs associated with implementing amendments that are even taken from they can keep and create jobs in their technology needed for animal identi- existing law so we do not legislate on own country and outside the United fication. an appropriations bill and we are still States. I believe that anytime that we can ruled out of order or not germane. Last year our trade deficit was $670 provide support through private initia- If you can answer that parliamentary billion. This year it looks like our Fed- tives that will deliver objectives inquiry, I would appreciate it. eral deficit is going to be down from sought by the Federal Government, I

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.165 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4269 think we should jump at the oppor- This amendment says the USDA can cases in the U.S. involved resistant bacteria. tunity to forge these partnerships and only buy chicken products for school But just 2 years after FDA approved create a win-win-win situation, for the nutrition programs if it complies with fluoroquinolones for use in chickens, resist- government, for the taxpayer and for the requirement of existing law that ance in humans had jumped to 13 percent. By industry. foods purchased for these programs be 2001, 19 percent of the Campylobacter infec- Each and every Federal agency ‘‘wholesome,’’ meaning protected from tions in humans were antibiotic-resistant. should take into consideration the ef- antibiotic resistance. This amendment The FDA has begun a response to this fect proposed policies will have on tells the USDA that we are serious, problem—by proposing to ban fluorquinolone competitiveness of U.S. businesses, in- this Congress is serious about pro- use in poultry. But the company that makes cluding farms and ranches. tecting the American people from the them has sued, and litigation could take sev- I plan to withdraw this amendment dangers of antibiotic resistance. I ask eral years to resolve. today because I am very encouraged by my colleagues to support the amend- Private industry also has recognized the the forward thinking of our sub- ment. problem. Leading fast food chains like McDon- committee chairman on agriculture in On March 14, 1942, the world changed. ald’s and Wendy’s have told their suppliers appropriations, the gentleman from A woman named Anne Miller had been hos- they will not buy products made from chickens Texas (Chairman BONILLA). I believe we pitalized in New Haven, Connecticut, for more raised with fluoroquinolones. And leading can work together and strengthen than a month with a strep infection. Every con- chicken producers like Tyson, Gold Kist, and farmers and ranchers and agriculture ventional treatment had failed, and doctors Purdue have also committed to stop using businesses financially through less reg- feared she would not last the day. fluoruoquinolones. ulation. But then, Anne Miller got an experimental But the National School Lunch Program lags Mr. Chairman, I ask unanimous con- injection of a new medicine called Penicillin. behind, and the USDA still buys our children sent to withdraw my amendment. And in just over 12 hours, her temperature chicken raised with fluoroquinolones. The Acting CHAIRMAN. Is there ob- had returned to normal. Congress acted in 2004—adding report lan- jection to the request of the gentleman A half-century ago, America’s hospitals were guage of the FY2004 Agriculture Appropria- from Kansas? jammed with patients suffering from strep, tions bill that asked USDA to initiate ‘‘a policy There was no objection. pneumonia, meningitis, typhoid fever, rheu- to not purchase chickens for these programs AMENDMENT OFFERED BY MR. BROWN OF OHIO matic fever, and other killers. from companies that do not have a stated pol- Mr. BROWN of Ohio. Mr. Chairman, I Penicillin and other antibiotics allowed us to icy that they do not use fluoroquinolones in offer an amendment. bring these lethal infections under control and their chickens.’’ The Acting CHAIRMAN. The Clerk save millions of lives. These new miracle That language was approved by a bipartisan will designate the amendment. drugs changed the world. majority in this House. It was approved by a The text of the amendment is as fol- But a new danger—antibiotic resistance—is bipartisan majority in the Senate. And the bill lows: threatening to turn back the clock, by making accompanying it was signed by President the antibiotics we rely on ineffective. Bush. Amendment offered by Mr. BROWN of Ohio: At the end of the bill (before the short When an antibiotic is used on a person or Unfortunately—but not surprisingly—USDA title) insert the following: animal, it may kill some of the bacteria, but it did nothing to implement that provision. SEC. ll. None of the funds made available will not kill all of them. The survivors repro- It is time for Congress to order USDA to by this Act to the Secretary of Agriculture duce, propagating these hardier ‘‘antibiotic re- step up to the plate. And that is exactly what may be used, after December 31, 2005, to pur- sistant’’ bacteria. my amendment does. chase chickens, including chicken products, Antibiotic resistance is a serious and grow- Existing law requires that USDA take steps under the Richard B. Russell National ing public health problem: 38 Americans die to ensure the wholesomeness of food deliv- School Lunch Act or the Child Nutrition Act every day from antibiotic resistant infections, ered through school nutrition programs. If of 1966, unless the Secretary shall take into account whether such purchases are in com- according to the World Health Organization— USDA actually applies that requirement when pliance with standards relating to the whole- some estimates suggest the number is more purchasing chicken products, I believe the someness of food for human consumption, than twice that large; Antibiotic resistance agency will be unable to conclude that a sub- pursuant to section 14(d) of the Richard B. costs America’s health care system an esti- stance FDA wants to take off the market be- Russell National School Lunch Act (42 U.S.C. mated $4 billion every year; The Centers for cause of public health concerns is wholesome. 1762a(d)). Disease Control has called antibiotic resist- Last year, we asked the USDA to do the Mr. BONILLA. Mr. Chairman, I know ance one of its ‘‘top concerns’’ right thing. The USDA ignored our request. the gentleman is going to speak on his Human medicine is partly to blame. Doctors This year: tell the USDA that we are serious amendment, but I just want to let the are often pressured to overprescribe anti- about protecting the American people from the gentlemen know that we are happy to biotics, leading to the spread of resistance. dangers of antibiotic resistance; Let us pass accept the amendment and move for- And both the medical profession and the CDC this amendment. ward with the vote as soon as he would have taken this seriously, with outreach cam- Mr. Chairman, I yield back the bal- like. paigns to educate both doctors and patients ance of my time. The Acting CHAIRMAN. Pursuant to about the dangers of antibiotic overuse. The Acting CHAIRMAN (Mr. TERRY). the order of the House of today, the But animal agriculture is also to blame. The question is on the amendment of- gentleman from Ohio (Mr. BROWN) and About 70 percent of antibiotic use in America fered by the gentleman from Ohio (Mr. a Member opposed will each control 5 is not for people but for the cows, pigs, chick- BROWN). minutes. ens, and other animals people eat. And about The amendment was agreed to. The Chair recognizes the gentleman 70 percent of those antibiotics are not even AMENDMENT OFFERED BY MR. KUCINICH from Ohio (Mr. BROWN). used to treat sick animals, but to prevent ill- Mr. KUCINICH. Mr. Chairman, I offer ness or just to make healthy animals grow an amendment. b 1900 faster. The CHAIRMAN pro tempore. The Mr. BROWN of Ohio. Mr. Chairman, I And the overuse of antibiotics in animal ag- Clerk will designate the amendment. yield myself such time as I may con- riculture has serious consequences. The text of the amendment is as fol- sume. My remarks will be brief. I Fluoroquinolones—the class of antibiotics that lows: thank the gentleman from Texas includes Cipro—are an important example. Amendment offered by Mr. KUCINICH: (Chairman BONILLA) for his support. Cipro, as we know all too well, is used to Add at the end (before the short title), the We all know the importance of anti- threat Anthrax. But Cipro is also used to treat following new section: biotics to our public health, beginning infections by a foodborne bacterium called SEC. 7ll. The Department of Agriculture, some 60 years ago with penicillin and Campylobacter. at the request of a producer or processor, other antibiotics. We also know the in- The FDA approved fluoroquinolones for use shall test ruminants, ruminant products, and creasing problem of antibiotic resist- ruminant by-products for the presence of bo- in human medicine in 1986. And FDA ap- vine spongiform encephalopathy, subject to ance in people who have not been cured proved fluoroquinolones for use in chickens in reimbursement by the producer or processor because of their resistance to anti- 1995. of the costs incurred by the Department to biotics that have been administered to During the 9 years between 1986 and 1995, conduct the test, and none of the funds made them. no more than 3 percent of Campylobacter available in this Act may be used to pay the

VerDate jul 14 2003 06:07 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.168 H08PT1 H4270 CONGRESSIONAL RECORD — HOUSE June 8, 2005 salaries and expenses of personnel of the De- originally intended to ‘‘protect the close supervision, and there is account- partment to enforce any regulatory prohibi- farmer and stock raiser from improp- ability and transparency. tion on such testing by the Department of erly made and prepared serums, toxins, In the future, there must be a provi- Agriculture of ruminants, ruminant prod- and viruses.’’ The law gives them con- sion to ensure that Congress does not ucts, or ruminant by-products for the pres- ence of bovine spongiform encephalopathy. trol over ‘‘veterinary biologics’’ like reduce the amount of USDA funding diagnostic tests. In this case, the with funds paid by industry for the Mr. BONILLA. Mr. Chairman, I re- USDA took control over who could test testing program. serve a point of order on the gentle- their cattle and when by using this law In trying to rescue their business by man’s amendment. to license use of the diagnostic test giving consumers what they want, The Acting CHAIRMAN. The gen- only to themselves. An American com- some American beef producers could tleman reserves a point of order. pany was forbidden from testing their help fill the leadership vacuum left by Pursuant to the order of the House of own product for safety. the USDA. They should be allowed to. today, the gentleman from Ohio (Mr. Their reasoning? Allowing companies Mr. Chairman, I yield back the bal- KUCINICH) and a Member opposed each to test all of their cattle, FDA says, ance of my time. will control 5 minutes. ‘‘would have implied a consumer safety POINT OF ORDER The Chair recognizes the gentleman aspect that is not scientifically war- from Ohio (Mr. KUCINICH). Mr. BONILLA. Mr. Chairman, I make ranted.’’ In other words, the FDA wor- a point of order. Mr. KUCINICH. Mr. Chairman, I yield ried that consumers will see a label in- myself such time as I may consume. The Acting CHAIRMAN. The gen- dicating that their meat has been test- tleman will state his point of order. My amendment would permit anyone ed for Mad Cow disease and assume it to test for Mad Cow if they so desired. Mr. BONILLA. Mr. Chairman, I make is safer than meat that has not been a point of order against the amend- It would require the USDA to perform tested. the test and require the requestor to ment because it proposes to change ex- Why would they worry about that? Is isting law and constitutes legislation pay for it. this not the way it is supposed to be? If This amendment may strike my col- in an appropriation bill and, therefore, your food has been tested, you can be violates clause 2 of Rule XXI. leagues as unnecessary. After all, any assured it is safer. It is not a reason to food manufacturer should be able to The rule states in pertinent part: prevent testing. In fact, it is a strong ‘‘An amendment to a general appro- test their own product for safety. Let argument in favor of allowing testing. me explain. priation bill shall not be in order if The real reason the USDA will not changing existing law.’’ Mad Cow disease has been detected in let a business owner test their own 187,000 cows all over the world. Its The amendment imposes additional product is that the beef industry is duties. early symptoms include weight loss, afraid that a new standard of safety loss of balance, and acting skittish. I ask for a ruling from the Chair. will be set and the marginal cost of The Acting CHAIRMAN. Does any The cow later descends into drooling, adequate testing will cut into their arching its back, waving its head, and Member wish to be heard on the point shareholder profits. They also stand to of order? exhibiting unusually aggressive behav- lose if a sufficient number of tests are ior. It is inevitably fatal. Mr. KUCINICH. Mr. Chairman, I want conducted and another Mad Cow case to say that the gentleman is right. Variant CJD, as it is called, which is surfaces. In the meantime, Japan and the disease humans can get from eating There is a point of order, because we South Korea are under enormous pres- need to legislate to fix this problem. I infected cattle, has resulted in over 150 sure to lower their beef testing stand- deaths in Europe. Most of those oc- hope that when the authorizing and ap- ards and reopen their borders to Amer- propriating committees meet next year curred in the U.K., the epicenter of the ican beef. They look at all their op- human and bovine outbreaks. The U.S. that they will consider this approach, tions. giving it the consideration it deserves. was spared until 2003 when the first Option number one is to require the It is for both American cattlemen and case of Mad Cow was detected in Wash- U.S. to bring their testing rates up to consumers. ington State. speed with other industrialized na- The gentleman is correct. I will con- Immediately, countries that had in- tions. France and Germany test over cede the point of order, and I thank the vested heavily in their own testing and half their cattle. The U.K. tests all cat- Chair. processing infrastructure in order to tle over 24 months old. Japan tests The Acting CHAIRMAN. The point of assure a safe beef supply closed their every single one. Meanwhile, the order is conceded and sustained. borders to American beef exports. United States boasts about their Countries like Japan, which now tests ramped-up testing rate. In 2004, the AMENDMENT OFFERED BY MR. WEINER every cattle slaughtered, demanded year after we found our first case of Mr. WEINER. Mr. Chairman, I offer similar testing rates and practices of Mad Cow, the USDA tested 176,468 out an amendment. their own of any importer, including of roughly 35 million cattle. That is The Acting CHAIRMAN. The Clerk the United States. In the case of Japan, about a rate of one-half of 1 percent. In will designate the amendment. the U.S. refused to meet their de- other words, about one out of every 200 The text of the amendment is as fol- mands. As a result, an industry trade cattle was tested. lows: group claimed losses of $4.7 billion for On top of that, the administration Amendment offered by Mr. WEINER: cattle producers. proposed to reduce funding for surveil- Add at the end (before the short title) the Small businesses like Gateway Beef lance by two-thirds this year, from $69 following new section: Cooperative, which processes 200 cattle million to $29 million. SEC. 7ll. Using funds that would other- per week, were losing $50,000 per week. wise be paid during fiscal year 2006 with re- The second option for Japan and gard to cotton, tobacco, and rice production, Creekstone Farms Premium Beef was South Korea is to give in to U.S. de- the Secretary of Agriculture shall make losing about $40,000 per day. Some busi- mands, drastically lower their safety grants to the several States in an amount, nesses responded with a logical plan. standards, and allow beef that is held for each State, equal to at least 0.75 percent They wanted to test all of their cattle, to a safety benchmark that is orders of of such funds, to be distributed to active ag- just like Japan. Not only would it re- magnitude lower than their own. In so ricultural producers in the State in a man- store access to a crucial overseas mar- doing, they would risk undermining ner approved by the Secretary. ket, but it would give them a competi- fragile public confidence in meat safe- Mr. BONILLA. Mr. Chairman, I re- tive advantage in parts of the world ty. It is not right that the administra- serve a point of order on the gentle- where consumers demanded the highest tion would play politics with global man’s amendment. safety standards. It was a solution that food supply. The Acting CHAIRMAN. The gen- let the free market work its purported Now, my amendment would allow tleman reserves a point of order. magic by allowing consumers to choose voluntary testing to occur by requiring Pursuant to the order of the House of how safe they wanted their beef. the USDA to perform the test on de- today, the gentleman from New York But, Mr. Chairman, the USDA mand. That way the integrity of the (Mr. WEINER) and a Member opposed stopped them. They invoked a 1913 law, testing procedures is maintained under each will control 5 minutes.

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.063 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4271 The Chair recognizes the gentleman will double, forgive me, no disrespect order; this whole House is out of order from New York (Mr. WEINER). to the people of Madisonville, Texas in- in the way it allocates homeland secu- Mr. WEINER. Mr. Chairman, I yield tended, it will double as a command rity funds. I do not dispute the point of myself such time as I may consume. center during supposed emergencies order, and I will yield to the ruling of First of all, I think this represents should al Qaeda attack Madisonville, the Chair. the final amendment on the bill and Texas. The Acting CHAIRMAN. The Chair gives me another chance to offer my Now, Mr. Chairman, it would be ab- finds that this amendment includes thanks to the chairman and ranking surd for my amendment to become law. language imparting direction. The member for doing well with a bill that It would be a mockery of this House to amendment, therefore, constitutes leg- provides far too little funding for the say that every State should get the islation in violation of clause 2, Rule important agriculture programs of this same amount of tobacco funding even XXI. country. if there are no tobacco farms, the same The point of order is sustained, and What does this amendment do? My amount of cotton funding even if there the amendment is not in order. amendment would require that every are no cotton farms, and the same State in the Union, all of the States, amount of funding even if there are no b 1915 get at least .75 percent of the funding rice farms. It would be absurd. Why, SEQUENTIAL VOTES POSTPONED IN COMMITTEE provided for cotton, tobacco, and rice then, do we have other elements of the OF THE WHOLE in this bill. Every single State should bill, other elements of our law, other The Acting CHAIRMAN (Mr. TERRY). get .75 percent. Even though 24 States appropriation bills that are allocated Pursuant to clause 6 of rule XVIII, pro- in the Union have no cotton, have no that way? It does not make any sense. ceedings will now resume on those rice, have no tobacco, this amendment Is it really the way it should be? amendments on which further pro- would require that .75 percent of the I have to tell my colleagues some- ceedings were postponed, in the fol- funding be reserved for those States. thing. I am going to be magnanimous. lowing order: Mr. HEFLEY of Colorado Before the chairman has a chance to I am a representative from Brooklyn and Mr. GARRETT of New Jersey. say it, I will say it for him: It is a pre- and Queens and the beautiful City of The Chair will reduce to 5 minutes posterous concept. It is a mind-bog- New York. We do not have tobacco the time for any electronic vote after gling concept, in fact. Why would we farms. I will tell my colleagues what I the first vote in this series. allocate funds in an agriculture bill for am going to do: Keep your cotton and places like I represent in New York tobacco subsidy. Keep your agriculture AMENDMENT OFFERED BY MR. HEFLEY City that have no agriculture pro- subsidy. We are not farmers, and we The Acting CHAIRMAN. The pending grams? are very grateful to the men and business is the demand for a recorded But I say to my colleagues, that is women of this country who are. They vote on the amendment offered by the exactly what we recently did in the make it possible for all of us to eat at gentleman from Colorado (Mr. HEFLEY) homeland security bill. We said that we prices that are extraordinary. We are on which further proceedings were are going to allocate a fixed amount of the envy of the world when it comes to postponed and on which the noes pre- money in the homeland security bill, agriculture. vailed by voice vote. notwithstanding the fact that there But can we not also agree that when The Clerk will redesignate the might be little or no homeland security it comes to things that are not so envi- amendment. needs. Did this create a wise funding able, like the challenge that cities like The Clerk redesignated the amend- formula? Well, only if one thinks that New York face when dealing with ment. Wyoming should have the highest per homeland security, maybe, just maybe, RECORDED VOTE capita funding in the country for my colleagues can be equally magnani- The Acting CHAIRMAN. A recorded homeland security grants, and Cali- mous? Maybe, just maybe, they can vote has been demanded. fornia and New York will be one and say, you know what? Where we have A recorded vote was ordered. two for the least per capita. need, where we have threat, we are The vote was taken by electronic de- Now, of course, one would not want going to ask for money. Where there is vice, and there were—ayes 80, noes 335, to leave Wyoming unprotected, but I no threat, where there is no need, we not voting 18, as follows: believe that having a minimum guar- are not. [Roll No. 236] antee in that bill was simply foolish. So I would urge my colleagues to AYES—80 After all, New York City had been the vote no on the Weiner amendment, but Akin Fossella Norwood target of actual terrorism six times be- I would urge my colleagues to keep it Baker Foxx Paul tween 1993 and 2001. Twice the World in mind the next time we consider Barrett (SC) Franks (AZ) Pence Trade Center was attacked. Efforts homeland security grants. Bartlett (MD) Garrett (NJ) Petri were foiled to destroy the Holland and Bass Gibbons Pitts Mr. Chairman, I, to the relief of ev- Bean Graves Price (GA) Lincoln Tunnels and the GW Bridge. eryone, I am sure, yield back the bal- Beauprez Gutknecht Radanovich We were a target in the Anthrax at- ance of my time. Bishop (UT) Hayworth Ramstad Blackburn Hefley Rogers (MI) tacks, a subway bomb plot and, of POINT OF ORDER Bradley (NH) Hensarling Rohrabacher course, a mission that was disrupted to Mr. BONILLA. Mr. Chairman, I make Brady (TX) Herger Royce blow up the Brooklyn Bridge by al a point of order. Burgess Hostettler Ryan (WI) Qaeda in 2003. The Acting CHAIRMAN. The gen- Buyer Inglis (SC) Sensenbrenner I am not saying that we should not Chabot Issa Sessions tleman will state his point of order. Chocola Jenkins Shadegg find a way to make every city and lo- Mr. BONILLA. Mr. Chairman, I make Coble Jones (NC) Shays cality safe. But are we really better off a point of order against the amend- Cox Keller Shimkus because of this formula that has .75 ment because it proposes to change ex- Cubin Linder Shuster percent going to every State? Have we Davis, Jo Ann Lungren, Daniel Stearns isting law and constitutes legislation Davis, Tom E. Sullivan not perhaps reached a point that now in an appropriation bill and, therefore, Deal (GA) Mack Tancredo cities and States are trying to figure violates clause 2 of Rule XXI. Dent Manzullo Tanner out, how the heck do we spend this Diaz-Balart, M. Matheson Taylor (MS) The rule states in pertinent part: Duncan McCotter Terry money? Well, the answer is, yes, we ‘‘An amendment to a general appro- Everett Miller (FL) Wamp have reached that point. priation bill shall not be in order if Feeney Miller, Gary Westmoreland Madisonville, Texas, population 4,200, changing existing law.’’ Flake Myrick Wilson (SC) I understand one of the nicer places in The amendment gives affirmative di- NOES—335 Texas, used a $30,000 homeland security rection in effect. Abercrombie Bachus Berman grant to buy a custom trailer, and I am I ask for a ruling from the Chair. Ackerman Baird Berry not making this up, a custom trailer The Acting CHAIRMAN. Does anyone Aderholt Baldwin Biggert that will be used during the annual Oc- wish to be heard on the point of order? Alexander Barrow Bilirakis Allen Barton (TX) Bishop (GA) tober Mushroom Festival for people Mr. WEINER. Mr. Chairman, to para- Andrews Becerra Bishop (NY) who are overheated or injured; and it phrase a line from a movie, I am out of Baca Berkley Blumenauer

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.176 H08PT1 H4272 CONGRESSIONAL RECORD — HOUSE June 8, 2005 Blunt Green, Gene Murphy Visclosky Weiner Wilson (NM) Gohmert Mack Reichert Boehlert Grijalva Murtha Walden (OR) Weldon (FL) Wolf Goode Manzullo Renzi Boehner Gutierrez Musgrave Walsh Weldon (PA) Woolsey Goodlatte Marchant Rogers (AL) Bonilla Hall Nadler Waters Weller Wu Granger Marshall Rogers (KY) Bonner Harman Napolitano Watson Wexler Wynn Graves Matheson Rogers (MI) Bono Harris Neal (MA) Watt Whitfield Young (FL) Green (WI) McCaul (TX) Rohrabacher Boozman Hart Neugebauer Waxman Wicker Gutknecht McCotter Royce Boren Hastings (WA) Ney Hall McCrery NOT VOTING—18 Ryan (WI) Boswell Hayes Northup Harris McHenry Ryun (KS) Boucher Herseth Nunes Cannon Jackson-Lee Payne Hayes McHugh Sensenbrenner Boustany Higgins Nussle Culberson (TX) Pickering Hayworth McIntyre Sessions Boyd Hinchey Oberstar Gohmert Johnson, Sam Reynolds Hefley McKeon Shadegg Brady (PA) Hinojosa Obey Gordon King (IA) Rush Hensarling Mica Shaw Brown (OH) Hobson Olver Hastings (FL) Marshall Wasserman Herger Miller (FL) Shays McHenry Schultz Brown (SC) Hoekstra Ortiz Istook Hoekstra Miller (MI) Shuster Brown, Corrine Holden Osborne Menendez Young (AK) Hostettler Miller, Gary Simmons Brown-Waite, Holt Otter Hunter Moran (KS) Smith (TX) Ginny Honda Owens ANNOUNCEMENT BY THE ACTING CHAIRMAN Hyde Murphy Sodrel Burton (IN) Hooley Oxley The Acting CHAIRMAN (Mr. TERRY) Inglis (SC) Musgrave Souder Butterfield Hoyer Pallone Issa Myrick (during the vote). Members are advised Stearns Calvert Hulshof Pascrell Istook Neugebauer Sullivan Camp Hunter Pastor that there are 2 minutes remaining in Jenkins Ney Cantor Hyde Pearce this vote. Jindal Northup Sweeney Capito Inslee Pelosi Johnson (CT) Norwood Tancredo Capps Israel Peterson (MN) b 1938 Johnson, Sam Nussle Taylor (MS) Capuano Jackson (IL) Peterson (PA) Jones (NC) Otter Taylor (NC) Cardin Jefferson Platts Messrs. BAIRD, LYNCH, INSLEE, Keller Paul Tiahrt Cardoza Jindal Poe RANGEL, KENNEDY of Rhode Island, Kennedy (MN) Pearce Tiberi Carnahan Johnson (CT) Pombo Ms. VELA´ ZQUEZ, and Ms. HART King (IA) Pence Upton Carson Johnson (IL) Pomeroy Kingston Petri Walden (OR) Carter Johnson, E. B. Porter changed their vote from ‘‘aye’’ to ‘‘no.’’ Kline Pitts Wamp Case Jones (OH) Price (NC) Mr. FOSSELLA changed his vote Kolbe Platts Weldon (FL) Castle Kanjorski Pryce (OH) from ‘‘no’’ to ‘‘aye.’’ Kuhl (NY) Poe Westmoreland Chandler Kaptur Putnam So the amendment was rejected. Lewis (KY) Price (GA) Whitfield Clay Kelly Rahall Linder Putnam Wicker Cleaver Kennedy (MN) Rangel The result of the vote was announced Lungren, Daniel Radanovich Wilson (SC) Clyburn Kennedy (RI) Regula as above recorded. E. Ramstad Young (FL) Cole (OK) Kildee Rehberg Stated for: Conaway Kilpatrick (MI) Reichert Mr. MCHENRY. Mr. Chairman, on rollcall NOES—258 Conyers Kind Renzi Cooper King (NY) Reyes No. 236 I was unavoidably detained. Had I Abercrombie Davis (TN) Kildee Ackerman Davis, Tom Kilpatrick (MI) Costa Kingston Rogers (AL) been present, I would have voted ‘‘aye.’’ Alexander DeGette Kind Costello Kirk Rogers (KY) Stated against: Allen Delahunt King (NY) Cramer Kline Ros-Lehtinen Andrews DeLauro Kirk Crenshaw Knollenberg Ross Mr. PICKERING. Mr. Chairman, on rollcall Baca Diaz-Balart, L. Knollenberg Crowley Kolbe Rothman No. 236 I was unavoidably detained. Had I Baird Diaz-Balart, M. Kucinich Cuellar Kucinich Roybal-Allard been present, I would have voted ‘‘no.’’ Baldwin Dicks LaHood Cummings Kuhl (NY) Ruppersberger AMENDMENT OFFERED BY MR. GARRETT OF NEW Barton (TX) Dingell Langevin Cunningham LaHood Ryan (OH) Bean Doggett Lantos Davis (AL) Langevin Ryun (KS) JERSEY Becerra Doyle Larsen (WA) Davis (CA) Lantos Sabo The Acting CHAIRMAN. The pending Berkley Edwards Larson (CT) Davis (FL) Larsen (WA) Salazar business is the demand for a recorded Berman Ehlers Latham Davis (IL) Larson (CT) Sa´ nchez, Linda Berry Emanuel LaTourette Davis (KY) Latham T. vote on the amendment offered by the Biggert Engel Leach Davis (TN) LaTourette Sanchez, Loretta gentleman from New Jersey (Mr. GAR- Bishop (GA) English (PA) Lee DeFazio Leach Sanders RETT) on which further proceedings Bishop (NY) Eshoo Levin DeGette Lee Saxton were postponed and on which the noes Blumenauer Etheridge Lewis (CA) Delahunt Levin Schakowsky Boehlert Evans Lewis (GA) DeLauro Lewis (CA) Schiff prevailed by voice vote. Boehner Farr Lipinski DeLay Lewis (GA) Schwartz (PA) The Clerk will redesignate the Bonilla Fattah LoBiondo Diaz-Balart, L. Lewis (KY) Schwarz (MI) amendment. Boren Ferguson Lofgren, Zoe Dicks Lipinski Scott (GA) Boswell Filner Lowey Dingell LoBiondo Scott (VA) The Clerk redesignated the amend- Boucher Fitzpatrick (PA) Lucas Doggett Lofgren, Zoe Serrano ment. Boustany Ford Lynch Doolittle Lowey Shaw RECORDED VOTE Boyd Fortenberry Maloney Doyle Lucas Sherman Brady (PA) Frank (MA) Markey Drake Lynch Sherwood The Acting CHAIRMAN. A recorded Brown (OH) Gerlach Matsui Dreier Maloney Simmons vote has been demanded. Brown, Corrine Gilchrest McCarthy Edwards Marchant Simpson A recorded vote was ordered. Brown-Waite, Gonzalez McCollum (MN) Ehlers Markey Skelton Ginny Green, Al McDermott Emanuel Matsui Slaughter The Acting CHAIRMAN. This will be Butterfield Green, Gene McGovern Emerson McCarthy Smith (NJ) a 5-minute vote. Buyer Grijalva McKinney Engel McCaul (TX) Smith (TX) The vote was taken by electronic de- Cannon Gutierrez McMorris English (PA) McCollum (MN) Smith (WA) vice, and there were—ayes 169, noes 258, Cantor Harman McNulty Eshoo McCrery Snyder Capps Hart Meehan Etheridge McDermott Sodrel not voting 6, as follows: Capuano Hastings (WA) Meek (FL) Evans McGovern Solis [Roll No. 237] Cardin Herseth Meeks (NY) Farr McHugh Souder Cardoza Higgins Melancon Fattah McIntyre Spratt AYES—169 Carnahan Hinchey Michaud Ferguson McKeon Stark Aderholt Burton (IN) Dent Carson Hinojosa Millender- Filner McKinney Strickland Akin Calvert Doolittle Case Hobson McDonald Fitzpatrick (PA) McMorris Stupak Bachus Camp Drake Castle Holden Miller (NC) Foley McNulty Sweeney Baker Capito Dreier Chandler Holt Miller, George Forbes Meehan Tauscher Barrett (SC) Carter Duncan Clay Honda Mollohan Ford Meek (FL) Taylor (NC) Barrow Chabot Emerson Cleaver Hooley Moore (KS) Fortenberry Meeks (NY) Thomas Bartlett (MD) Chocola Everett Clyburn Hoyer Moore (WI) Frank (MA) Melancon Thompson (CA) Bass Coble Feeney Conyers Hulshof Moran (VA) Frelinghuysen Mica Thompson (MS) Beauprez Cole (OK) Flake Cooper Inslee Murtha Gallegly Michaud Thornberry Bilirakis Conaway Foley Costa Israel Nadler Gerlach Millender- Tiahrt Bishop (UT) Cox Forbes Costello Jackson (IL) Napolitano Gilchrest McDonald Tiberi Blackburn Cramer Fossella Crenshaw Jefferson Neal (MA) Gillmor Miller (MI) Tierney Blunt Cubin Foxx Crowley Johnson (IL) Nunes Gingrey Miller (NC) Towns Bonner Culberson Franks (AZ) Cuellar Johnson, E. B. Oberstar Gonzalez Miller, George Turner Bono Cunningham Frelinghuysen Cummings Jones (OH) Obey Goode Mollohan Udall (CO) Boozman Davis (KY) Gallegly Davis (AL) Kanjorski Olver Goodlatte Moore (KS) Udall (NM) Bradley (NH) Davis, Jo Ann Garrett (NJ) Davis (CA) Kaptur Ortiz Granger Moore (WI) Upton Brady (TX) Deal (GA) Gibbons Davis (FL) Kelly Osborne Green (WI) Moran (KS) Van Hollen Brown (SC) DeFazio Gillmor Davis (IL) Kennedy (RI) Owens Green, Al Moran (VA) Vela´ zquez Burgess DeLay Gingrey

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.065 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4273 Oxley Sa´ nchez, Linda Thomas The SPEAKER pro tempore. Pursu- LaHood Ney Serrano Pallone T. Thompson (CA) ant to House Resolution 303, the pre- Langevin Northup Sessions Pascrell Sanchez, Loretta Thompson (MS) Lantos Norwood Shadegg Pastor Sanders Thornberry vious question is ordered. Larsen (WA) Nunes Shaw Payne Saxton Tierney Is a separate vote demanded on any Larson (CT) Nussle Sherman Pelosi Schakowsky Towns amendment? If not, the Chair will put Latham Oberstar Sherwood Schiff LaTourette Obey Peterson (MN) Turner them en gros. Shimkus Peterson (PA) Schwartz (PA) Udall (CO) Leach Olver Shuster Pombo Schwarz (MI) Udall (NM) The amendments were agreed to. Lee Ortiz Simmons Pomeroy Scott (GA) Van Hollen Levin Osborne Simpson Scott (VA) The SPEAKER pro tempore. The Porter Vela´ zquez Lewis (CA) Otter Skelton Serrano question is on the engrossment and Lewis (GA) Oxley Price (NC) Visclosky Slaughter Sherman Lewis (KY) Pallone Pryce (OH) Walsh third reading of the bill. Smith (NJ) Sherwood Linder Pascrell Rahall Wasserman The bill was ordered to be engrossed Smith (WA) Shimkus Lipinski Pastor Schultz Snyder Rangel Simpson and read a third time, and was read the LoBiondo Payne Regula Waters Sodrel Skelton third time. Lofgren, Zoe Pearce Solis Rehberg Slaughter Watson Lowey Pelosi Reyes Watt The SPEAKER pro tempore. The Souder Smith (NJ) Lucas Pence Spratt Reynolds Smith (WA) Waxman question is on the passage of the bill. Lungren, Daniel Peterson (MN) Ros-Lehtinen Weiner Stearns Snyder Pursuant to clause 10 of rule XX, the E. Peterson (PA) Strickland Ross Weldon (PA) Solis yeas and nays are ordered. Lynch Petri Stupak Rothman Weller Spratt Mack Pickering Sullivan Roybal-Allard Wexler The vote was taken by electronic de- Stark Maloney Pitts Sweeney Ruppersberger Wilson (NM) Strickland vice, and there were—yeas 408, nays 18, Manzullo Platts Tanner Rush Stupak Wolf Marchant Poe not voting 7, as follows: Tauscher Ryan (OH) Tanner Woolsey Markey Pombo Taylor (NC) Sabo Tauscher Wu [Roll No. 238] Marshall Pomeroy Terry Salazar Terry Wynn Matheson Porter YEAS—408 Thomas Matsui Price (GA) Thompson (CA) NOT VOTING—6 Abercrombie Clyburn Gillmor McCarthy Price (NC) Thompson (MS) Ackerman Coble Gingrey McCaul (TX) Pryce (OH) Gordon Jackson-Lee Pickering Thornberry Aderholt Cole (OK) Gohmert McCollum (MN) Putnam Hastings (FL) (TX) Young (AK) Tiahrt Akin Conaway Gonzalez McCotter Radanovich Menendez Tiberi Alexander Conyers Goode McCrery Rahall Tierney ANNOUNCEMENT BY THE ACTING CHAIRMAN Allen Cooper Goodlatte McGovern Ramstad The Acting CHAIRMAN (during the Andrews Costa Granger McHenry Rangel Towns Baca Costello Graves Turner vote). Members are advised that there McHugh Regula Bachus Cox Green (WI) McIntyre Rehberg Udall (CO) are 2 minutes remaining in the vote. Baird Cramer Green, Al McKeon Reichert Udall (NM) Baker Crenshaw Green, Gene McKinney Renzi Upton b 1948 Baldwin Crowley Grijalva McMorris Reyes Van Hollen ´ Mr. COLE of Oklahoma and Mr. BAR- Barrett (SC) Cubin Gutierrez McNulty Reynolds Velazquez Barrow Cuellar Gutknecht Meehan Rogers (AL) Visclosky ROW changed their vote from ‘‘no’’ to Bartlett (MD) Culberson Hall Meek (FL) Rogers (KY) Walden (OR) ‘‘aye.’’ Barton (TX) Cummings Harman Meeks (NY) Rogers (MI) Walsh Miss McMORRIS changed her vote Beauprez Cunningham Harris Melancon Ros-Lehtinen Wamp Becerra Davis (AL) Hart Wasserman from ‘‘aye’’ to ‘‘no.’’ Mica Ross Berkley Davis (CA) Hastings (WA) Michaud Rothman Schultz So the amendment was rejected. Berman Davis (FL) Hayes Millender- Roybal-Allard Waters The result of the vote was announced Berry Davis (IL) Hayworth McDonald Ruppersberger Watson as above recorded. Biggert Davis (KY) Hensarling Miller (FL) Rush Watt Bilirakis Davis (TN) Herger Waxman Stated for: Miller (MI) Ryan (OH) Bishop (GA) Davis, Jo Ann Herseth Miller (NC) Ryan (WI) Weiner Mr. PICKERING. Mr. Chairman, on rollcall Bishop (NY) Davis, Tom Higgins Miller, George Ryun (KS) Weldon (FL) No. 237 I was unavoidably detained. Had I Bishop (UT) Deal (GA) Hinchey Mollohan Sabo Weldon (PA) Blackburn DeFazio Hinojosa been present, I would have voted ‘‘aye.’’ Moore (KS) Salazar Weller Blumenauer DeGette Hobson Moore (WI) Sa´ nchez, Linda Westmoreland The Acting CHAIRMAN (Mr. TERRY). Blunt Delahunt Hoekstra Moran (KS) T. Wexler The Clerk will read the last three lines. Boehlert DeLauro Holden Moran (VA) Sanchez, Loretta Whitfield The Clerk read as follows: Boehner DeLay Holt Murphy Sanders Wicker Bonilla Dent Honda Murtha Saxton Wilson (NM) This Act may be cited as the ‘‘Agriculture, Bonner Diaz-Balart, L. Hooley Musgrave Schakowsky Wilson (SC) Rural Development, Food and Drug Adminis- Bono Diaz-Balart, M. Hostettler Myrick Schiff Wolf tration, and Related Agencies Appropria- Boozman Dicks Hoyer Nadler Schwartz (PA) Woolsey tions Act, 2006’’. Boren Dingell Hulshof Napolitano Schwarz (MI) Wu Boswell Doggett Hunter Neal (MA) Scott (GA) Wynn Mr. BONILLA. Mr. Chairman, I move Boucher Doolittle Hyde Neugebauer Scott (VA) Young (FL) that the Committee do now rise and re- Boustany Doyle Inglis (SC) port the bill back to the House with Boyd Drake Inslee NAYS—18 Brady (PA) Dreier Israel sundry amendments, with the rec- Bass Hefley Royce Brady (TX) Duncan Issa Bean Kucinich Sensenbrenner ommendation that the amendments be Brown (OH) Edwards Istook Bradley (NH) McDermott Shays agreed to and that the bill, as amend- Brown (SC) Ehlers Jackson (IL) Flake Miller, Gary Stark ed, do pass. Brown, Corrine Emanuel Jefferson Fossella Paul Tancredo Brown-Waite, Emerson Jenkins Franks (AZ) Rohrabacher Taylor (MS) The motion was agreed to. Ginny Engel Jindal Accordingly, the Committee rose; Burgess English (PA) Johnson (CT) NOT VOTING—7 Burton (IN) Eshoo Johnson (IL) and the Speaker pro tempore (Mr. Gordon Jackson-Lee Owens Butterfield Etheridge Johnson, E. B. Hastings (FL) (TX) Smith (TX) BASS) having assumed the chair, Mr. Buyer Evans Johnson, Sam Menendez Young (AK) TERRY, Acting Chairman of the Com- Calvert Everett Jones (NC) mittee of the Whole House on the State Camp Farr Jones (OH) b 2006 Cannon Fattah Kanjorski of the Union, reported that that Com- Cantor Feeney Kaptur So the bill was passed. mittee, having had under consideration Capito Ferguson Keller The result of the vote was announced the bill (H.R. 2744) making appropria- Capps Filner Kelly as above recorded. tions for Agriculture, Rural Develop- Capuano Fitzpatrick (PA) Kennedy (MN) Cardin Foley Kennedy (RI) A motion to reconsider was laid on ment, Food and Drug Administration, Cardoza Forbes Kildee the table. and Related Agencies for the fiscal Carnahan Ford Kilpatrick (MI) f year ending September 30, 2006, and for Carson Fortenberry Kind other purposes, had directed him to re- Carter Foxx King (IA) APPOINTMENT OF MEMBERS TO Case Frank (MA) King (NY) MEXICO-UNITED STATES INTER- port the bill back to the House with Castle Frelinghuysen Kingston sundry amendments, with the rec- Chabot Gallegly Kirk PARLIAMENTARY GROUP ommendation that the amendments be Chandler Garrett (NJ) Kline The SPEAKER pro tempore (Mr. Chocola Gerlach Knollenberg agreed to and that the bill, as amend- Clay Gibbons Kolbe BASS). Pursuant to 22 U.S.C. 276h, and ed, do pass. Cleaver Gilchrest Kuhl (NY) the order of the House of January 4,

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.067 H08PT1 H4274 CONGRESSIONAL RECORD — HOUSE June 8, 2005 2005, the Chair announce the Speaker’s cause they are the group you can kick meeting, reinforce widely-held suspicions of appointment of the following Members and you can get away with it. It is po- how close the company is to the administra- of the House to the Mexico-United litically correct. tion and its role in helping to formulate U.S. policy. States Interparliamentary Group, in But I am sick and tired of it, and I In briefing papers given before meetings to addition to Mr. KOLBE of Arizona, would call on my Democrat colleagues the U.S. under-secretary of state, Paula chairman, and Ms. HARRIS of Florida, to ask the gentlewoman from Cali- Dobriansky, between 2002 and 2004, the ad- vice chairman, appointed on April 14, fornia (Ms. PELOSI) to rethink her as- ministration is found thanking Exxon execu- 2005: sessment of Mr. Dean when she says he tives for the company’s ‘‘active involve- Mr. DREIER of California; is doing a good job representing their ment’’ in helping to determine climate Mr. BERMAN of California; party. And I would also call on my change policy, and also seeking its advice on Mr. BARTON of Texas; Democrat friends to ask Mr. Dean to what climate change policies the company might find acceptable. Mr. MANZULLO of Illinois; apologize, maybe not to the Christians Other papers suggest that Ms. Dobriansky Mr. WELLER of Illinois; of the world, because, obviously, he should sound out Exxon executives and other Mr. REYES of Texas; and does not care about them, but maybe anti-Kyoto business groups on potential al- Mr. MCCAUL of Texas. to any of the other groups that he ternatives to Kyoto. f seems to constantly offend as each Until now Exxon has publicly maintained that it had no involvement in the U.S. gov- THERE HE GOES AGAIN week goes by while he is chairman of the Democratic National Committee. ernment’s rejection of Kyoto. But the docu- (Mrs. BLACKBURN asked and was ments, obtained by Greenpeace under U.S. given permission to address the House f freedom of information legislation, suggest this is not the case. for 1 minute and to revise and extend WHITE HOUSE ENERGY POLICY ‘‘Potus [president of the United States] re- her remarks.) (Mr. MCDERMOTT asked and was jected Kyoto in part based on input from you Mrs. BLACKBURN. Mr. Speaker, yes- given permission to address the House [the Global Climate Coalition],’’ says one terday I came to the floor to ask my for 1 minute and to revise and extend briefing note before Ms. Dobriansky’s meet- colleagues across the aisle to speak out his remarks and include extraneous ing with the GCC, the main anti-Kyoto U.S. against their party leader Democratic industry group, which was dominated by material.) Exxon. National Committee Chairman Howard Mr. MCDERMOTT. Mr. Speaker, I am Dean. I listed a few of the absolutely The papers further state that the White here to express gratitude for the free House considered Exxon ‘‘among the compa- ridiculous, and in many cases offensive, press, in England. Because it is only for nies most actively and prominently opposed comments he has made since January, the English that we can finally find out to binding approaches [like Kyoto] to cut but apparently I spoke too soon. It ap- what went on in the White House with greenhouse gas emissions’’. But in evidence to the UK House of Lords pears that Mr. Dean was not through Mr. CHENEY and the oil boys. It says in embarrassing himself and his party and science and technology committee in 2003, the Guardian this morning, after the Exxon’s head of public affairs, Nick Thomas, in the process offending millions of meeting with Mr. Blair yesterday, Americans. said: ‘‘I think we can say categorically we President Bush’s decision not to sign have not campaigned with the United States Yesterday, in an interview, he said the United States up for the Kyoto government or any other government to Republicans, and I am quoting here, Treaty was partly a result of pressure take any sort of position over Kyoto.’’ ‘‘all behave the same, and they all look from ExxonMobil, the world’s largest Exxon, officially the U.S.’s most valuable the same. It’s pretty much a white oil company. company valued at $379bn (£206bn) earlier Christian party.’’ this year, is seen in the papers to share the In briefing papers given before the White House’s unwavering scepticism of Mr. Speaker, today he defended those meeting to the U.S. Secretary of State, remarks. And what is more, the gentle- international efforts to address climate Paula Dobriansky, between 2001 and change. woman from California (Ms. PELOSI), 2004, the administration is found The documents, which reflect unanimity the minority leader, said that she thanking Exxon executives for the between the company and the U.S. adminis- thought Chairman Dean was ‘‘doing a company’s, quote, active involvement tration on the need for more global warming good job.’’ in helping to determine climate policy. science and the unacceptable costs of Kyoto, All I can say is that I hope the Mem- The President of the United States state that Exxon believes that joining Kyoto bers across the aisle will let the gentle- ‘‘would be unjustifiably drastic and pre- rejected Kyoto in part, and this is a mature’’. woman from California (Ms. PELOSI) quote, rejected in part on the input know that Howard Dean should not be This line has been taken consistently by from you, the Global Climate Coali- President Bush, and was expected to be con- given a pass for his behavior, it is un- tion. tinued in yesterday’s talks with Tony Blair acceptable, and it is offensive. Mr. Speaker, the President of the who has said that climate change is ‘‘the f United States runs the most secretive most pressing issue facing mankind’’. operation down there and does not tell ‘‘President Bush tells Mr. Blair he’s con- OPEN SEASON ON CHRISTIAN cerned about climate change, but these docu- WHITE FOLKS us that the oil companies are running ments reveal the alarming truth, that policy our energy policy. As long as that is (Mr. KINGSTON asked and was given in this White House is being written by the what is going on in this country, we permission to address the House for 1 world’s most powerful oil company. This ad- will continue to continue to be en- minute and to revise and extend his re- ministration’s climate policy is a menace to meshed in the Bush war and whatever humanity,’’ said Stephen Tindale, marks.) goes on in Iran and whatever goes on Greenpeace’s executive director in London Mr. KINGSTON. Mr. Speaker, I stand anyplace else, and we will continue to last night. in support of the comments of the gen- destroy the environment. ‘‘The prime minister needs to tell Mr. Bush tlewoman from Tennessee (Mrs. he’s calling in some favours. Only by secur- It is time to end that, Mr. Speaker. BLACKBURN). It is too bad more Mem- ing mandatory cuts in U.S. emissions can bers are not here, but I think it is prop- [From the Guardian, May 8, 2005] Blair live up to his rhetoric,’’ said Mr. er for the Democrat Members of this REVEALED: HOW OIL GIANT INFLUENCED BUSH Tindale. In other meetings documented in the pa- WHITE HOUSE SOUGHT ADVICE FROM EXXON ON Chamber to demand an apology of their pers, Ms. Dobriansky meets Don Pearlman, KYOTO STANCE Democrat leader, rather than the en- an international anti-Kyoto lobbyist who dorsement the gentlewoman from Cali- (By John Vidal) has been a paid adviser to the Saudi and Ku- fornia (Ms. PELOSI) has given him when President’s George Bush’s decision not to waiti governments both of which have fol- he dismissed the Republican Party as a sign the United States up to the Kyoto glob- lowed the U.S. line against Kyoto. bunch of white Christians. al warming treaty was partly a result of The purpose of the meeting with Mr. I am not worried as a Republican. I pressure from ExxonMobil, the world’s most Pearlman, who also represents the secretive am offended as a white Christian. I powerful oil company, and other industries, anti-Kyoto Climate Council, which the ad- according to U.S. State Department papers ministration says ‘‘works against most U.S. know that the season is always open seen by the Guardian. government efforts to address climate for people like Mr. Dean who loves di- The documents, which emerged as Tony change’’, is said to be to ‘‘solicit [his] views visive politics. It is always open season Blair visited the White House for discussions as part of our dialogue with friends and al- on Christian and on white folks be- on climate change before next month’s G8 lies’’.

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.186 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4275 ExxonMobil, which was yesterday con- concern over the sharp cut in manufac- SMART SECURITY AND THE NPT tacted by the Guardian in the U.S. but did turing jobs that has taken place on CONFERENCE not return calls, is spending millions of their watch. Since President Bush took The SPEAKER pro tempore. Under a pounds on an advertising campaign aimed at office 5 years ago, our economy has influencing politicians, opinion formers and previous order of the House, the gentle- business leaders in the UK and other pro- lost 2.8 million manufacturing jobs, in- woman from California (Ms. WOOLSEY) Kyoto countries in the weeks before the G8 cluding 7,000 more in May. Yet neither is recognized for 5 minutes. meeting at Gleneagles. the President nor congressional Repub- Ms. WOOLSEY. Mr. Speaker, I am f licans are willing to do anything to more than disappointed by reports that strengthen the manufacturing sector. last month’s conference to review the SPECIAL ORDERS In fact, congressional Republicans have nuclear nonproliferation treaty was The SPEAKER pro tempore. Under blocked Democratic initiatives to help not a success. At the treaty review the Speaker’s announced policy of Jan- the manufacturing industry. Instead, conference, representatives from more uary 4, 2005, and under a previous order they are more interested in passing $36 than 150 nations met at the United Na- of the House, the following Members billion worth of tax incentives for large tions headquarters in New York for a will be recognized for 5 minutes each. corporations to ship American jobs month of meetings to address the most f overseas. urgent global threat we face, the pro- liferation of nuclear weapons. This con- MAY JOBS NUMBERS The weakness of the job market is also showing up, Mr. Speaker, in the ference provided a great opportunity The SPEAKER pro tempore. Under a continued stagnation of workers’ earn- for the global community to improve previous order of the House, the gen- ings. It is almost hard to believe, but its collective efforts to prevent other nations from developing nuclear weap- tleman from New Jersey (Mr. PALLONE) wages have actually declined since the ons capabilities, deter terrorists from is recognized for 5 minutes. end of the recession. Again, according obtaining nuclear weapons, and ensure Mr. PALLONE. Mr. Speaker, when is to a report from the Center For Amer- that the current nuclear states work to President Bush going to level with the ican Progress, real average hourly American people about the U.S. econ- reduce their nuclear stockpiles. earnings declined to $16 in April of this Let us not forget that the nuclear omy? This past weekend during his year. That is 7 cents lower than the weekly radio address he said the econ- nonproliferation treaty, which the earnings mark at the end of the reces- United States ratified in 1972, does not omy is on the right track. The Presi- sion in November 2001. This means that dent’s statement came one day after just declare that non-nuclear states over the last 4 years, on average, cannot develop nuclear weapons. It disappointing job numbers showed our American workers are not getting paid economy only created 78,000 new jobs also states that the countries currently any more than they were when our in possession of nuclear weapons must in May, the smallest number in almost economy was actually in a recession. 2 years. work to reduce their stockpiles, with Keep in mind the economy has to cre- It is no wonder Americans are trying the ultimate goal of getting rid of nu- ate 150,000 each month just to keep to squeeze every last dollar out of clear weapons altogether. Clearly, the goals for the treaty review conference pace with more workers entering the every paycheck. While wages have were challenging; but the United workforce. Last month’s numbers cre- stalled in my home State of New Jer- States could have, and should have, ated only half that number. sey, health care, college tuition, child made headway by living up to our Mr. Speaker, President Bush has yet care and gasoline costs have increased international commitments. to create his first job since coming to an average of $6,000 for a New Jersey family every year. Unfortunately, a major reason that office 5 years ago. In fact, the economy the NPT conference was considered a President Bush and congressional Re- has to create an additional 24,000 jobs failure was America’s focus on the just to get back to where it was when publicans tell the American people threats posed by Iran and North Korea, he took office in 2001. that the policies they have imple- while at the same time failing to agree Let us compare President Bush’s 5- mented over the last 4 years are work- to reduce our own nuclear arsenal. The year jobs record to past Presidents. No ing. If the President and congressional United States currently possesses more other modern day President has pre- Republicans believe this economy is on than 10,000 nuclear weapons. In fact, at sided over an economy where not a sin- the right track, I shudder to imagine the same time the NPT conference was gle job was created over a 4-year pe- what a wrong-track economy would taking place, the Bush administration riod. The Center for American Progress look like. and many Republicans in Congress averaged the number of jobs created by Mr. Speaker, polls show only 32 per- were actually pushing ahead with plans modern Presidents who served 2 years. cent of the American people think the to fund a new nuclear weapon, the so- The Center determined the average economy is moving in the right direc- called bunker buster bomb. The Bush number of jobs created by those Presi- tion. It is clear the Republican way of administration’s continued pursuit of dents through 52 months was 5.9 mil- growing this economy simply is not nuclear weapons, while demanding that lion jobs. The largest job creation came working. If they would only admit that Iran and North Korea disarm, dem- under the last two Democratic Presi- the economy is a concern, maybe we onstrates a rare level of supreme arro- dents to serve two terms, President could begin to fix it collectively. I gance and hypocrisy, even for this Clinton, who created 11.9 million jobs think it is time for a new economic most arrogant of Presidential adminis- during his 52 months of his Presidency, plan that creates millions of high-pay- trations. followed by President Lyndon Johnson ing jobs, penalizes companies that send Mr. Speaker, I wholeheartedly agree who created 7.6 million jobs. job overseas, and helps companies con- that the threats posed by Iran and It is hard for me to believe after front skyrocketing health care costs. North Korea must be taken seriously. hearing these numbers President Bush Our economy will not be back on track If we fail to take the proper diplomatic could possibly be satisfied with the fact again until the middle class stops feel- actions, both nations could soon pos- that his policies have yet to create one ing squeezed. sess a sizable and dangerous nuclear ar- single private sector job. It is also hard senal. But why would we expect other to believe that congressional Repub- f countries to dismantle their nuclear licans seem satisfied with these abys- infrastructures unless we maintain our The SPEAKER pro tempore (Mr. mal job numbers. nonproliferation commitments? MACK). Under a previous order of the SMART security, H. Con. Res. 158, b 2015 House, the gentleman from North Caro- which is a Sensible, Multilateral, You do not hear any of my Repub- lina (Mr. JONES) is recognized for 5 American Response to Terrorism, is a lican colleagues questioning the Presi- minutes. positive approach to this very chal- dent’s economic proposals of the last 4 (Mr. JONES of North Carolina ad- lenge. SMART security promotes ef- years. dressed the House. His remarks will ap- forts to reduce the buildup of nuclear You also do not hear President Bush pear hereafter in the Extensions of Re- weapons and materials, using the coop- or congressional Republicans voice any marks.) erative threat reduction program as an

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.074 H08PT1 H4276 CONGRESSIONAL RECORD — HOUSE June 8, 2005 example of how to accomplish this im- use rate of oil is about 2 percent. That this crisis is not just noted now, be- portant goal. Through CTR, the United is what this curve represents. Knowing cause almost a year ago, Jane Bryant States and Russia are working to- that, we can put some time on the ab- Quinn, in an article in Newsweek, it gether to dismantle excess nuclear scissa of this curve because a 2 percent was August 16, 2004, called ‘‘Gas Guz- weapons and materials in the states of compound growth will double in 35 zlers’ Shock Therapy,’’ had this to say: the former Soviet Union. And because years. This use curve, which goes up My fellow Americans, drop the fantasy of CTR, 20,000 Russian scientists who from here to here, has doubled in that that we’ll return to cheap gasoline, that was formerly worked to create nuclear amount of time, so that is a 35-year pe- a year ago, it was a lot cheaper, and pump it weapons are now working to destroy riod. for as long as our withered hands can steer them. What this chart shows is that at an SUV. As the prophet saith, the end is SMART security also urges an expan- some point in time, and the only argu- nigh. Demand for oil is running high. In fact, ment is when, the world will peak in we’re gobbling up the stuff. But world pro- sion of the successful CTR program to duction grew by only 0.6 percent a year for countries like Libya and Pakistan. its oil production. But before the world the past 5 years. At some point, supplies will Using our diplomatic relationships peaks in oil production, it is noted shrink, not grow. with these countries to encourage from this curve that the demand will Mr. Speaker, this is really quite them to give up their dangerous nu- be exceeding for several years, it is like alarming, that in our country the sec- clear materials is part of SMART secu- a decade, if this is the curve which is ond largest importer of oil in the world rity. But CTR is merely one of the followed, the demand will be exceeding is now buying a major company. broad array of national security initia- supply. tives in the SMART security platform. What this has given rise to, of course, f Any attempt to rid the world of nu- is a look for oil around the world. The The SPEAKER pro tempore. Under a clear weapons must begin with non- second largest importer of oil in the previous order of the House, the gen- proliferation efforts here at home, in world, which is China, has been scour- tleman from Ohio (Mr. BROWN) is rec- the United States of America. We must ing the world for oil. This chart shows ognized for 5 minutes. fulfill our international pledge to re- the places where China has secured (Mr. BROWN of Ohio addressed the duce our own nuclear stockpiles and re- leases for oil. It is in Canada, it is in House. His remarks will appear here- sist building new nuclear weapons. Colombia, Venezuela, Brazil, Argen- after in the Extensions of Remarks.) President Bush’s continued efforts to tina, negotiating in Russia, in Africa f study and fund the bunker buster bomb and all over the Middle East, of course; The SPEAKER pro tempore. Under a is the exact opposite of these efforts. and we have a symbol here showing previous order of the House, the gen- The United States must set an exam- that they were negotiating for an oil tleman from Indiana (Mr. BURTON) is ple for the rest of the world by pur- company in our country, Unocal. recognized for 5 minutes. suing smart policies, policies that pro- When I spoke on the floor the last (Mr. BURTON of Indiana addressed mote nuclear reduction, not nuclear time about this, I noted that Chevron the House. His remarks will appear proliferation; policies that support had bought this oil company, had hereafter in the Extensions of Re- global initiatives to secure nuclear ma- bought Unocal; but now just in the marks.) terials, not global nuclear buildup. It is June 6 issue, this year, just this week, f time to end the era of nuclear weapons. Time magazine, there is an article This effort begins here in the United called ‘‘The Great Grab.’’ It says: ‘‘In EXCHANGE OF SPECIAL ORDER States Congress with SMART security. quest of oil, China is on a collision TIME course with U.S. firms and U.S. policy. Mr. BILIRAKIS. Mr. Speaker, I ask f Chevron, one of the world’s oil giants, unanimous consent that I may replace The SPEAKER pro tempore. Under a announced in early April that it was the gentleman from Indiana (Mr. BUR- previous order of the House, the gen- buying Unocal, a smaller rival, for TON). tleman from Florida (Mr. KELLER) is about $17 billion. The Chinese National The SPEAKER pro tempore. Is there recognized for 5 minutes. Offshore Oil Corporation, CNOOC, may objection to the request of the gen- (Mr. KELLER addressed the House. make a counteroffer for Unocal, the tleman from Florida? His remarks will appear hereafter in world’s ninth largest oil company. If it There was no objection. the Extensions of Remarks.) does, it would mark the first major f takeover fight between a U.S. company f ORDER OF BUSINESS and a Chinese competitor.’’ HONORING DR. LEWIS L. HAYNES Think about it, Mr. Speaker. The Mr. BARTLETT of Maryland. Mr. Chinese have now secured rights for oil The SPEAKER pro tempore. Under a Speaker, I ask unanimous consent to north of us in Canada, to our neighbors previous order of the House, the gen- give my Special Order at this time. to the south, and now they are about to tleman from Florida (Mr. BILIRAKIS) is The SPEAKER pro tempore. Is there buy a major oil company, the ninth recognized for 5 minutes. objection to the request of the gen- largest oil company in the world, right GENERAL LEAVE tleman from Maryland? on our soil. Competitors are worried, Mr. BILIRAKIS. Mr. Speaker, I ask There was no objection. the article says, that China is so eager unanimous consent that all Members f to do deals that it will warp the mar- may have 5 legislative days to revise ket. Western oil majors are concerned and extend their remarks on the sub- PEAK OIL that they won’t be able to compete, ac- ject of this Special Order. The SPEAKER pro tempore. Under a cording to Gary Ross, CEO of Petro- The SPEAKER pro tempore. Is there previous order of the House, the gen- leum Industry Research Associates, be- objection to the request of the gen- tleman from Maryland (Mr. BARTLETT) cause the Chinese companies, most tleman from Florida? is recognized for 5 minutes. still state-owned, are willing to accept There was no objection. Mr. BARTLETT of Maryland. Mr. a lower rate of return. To acquire Mr. BILIRAKIS. Mr. Speaker, I rise Speaker, several times during the past Unocal, CNOOC would have to offer today to honor the life and legacy of a few weeks, I have stood on this floor to more than the $17 billion that Chevron true World War II hero, Dr. Lewis L. talk about peak oil. The chart I have said they would pay for it, plus the $500 Haynes. Dr. Haynes was the physician here symbolically shows what we are million breakup fee that Chevron aboard the ill-fated USS Indianapolis, talking about. The blue curve here rep- booby-trapped to its Unocal bid. the ship that carried integral compo- resents the amount of oil that the This is not the only place in the nents of the weapon that brought about world produces and uses. Of course, world that China is doing the great oil the end of World War II. However, the over a period of time, the world will grab. It says: ‘‘But Beijing is com- Indy, as she was called by her crew, has use as much oil as it has been pro- pleting a long-term $70 billion oil and been immortalized in history for an- ducing and that has been going on now gas deal with the Iranian regime.’’ I other distinction. On July 30, 1945, she for 100 years. Currently, the increase in would like to note, Mr. Speaker, that was sunk by a Japanese submarine. It

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.191 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4277 would take nearly 5 days of wading in ther Conway died, Dr. Haynes would daughter of a college professor at the shark-infested Pacific Ocean for give the dead their last rights by recit- Sweet Briar and his wife. She read this the survivors to be rescued. ing the Lord’s Prayer. He knew he had poem at an Adaptive Ski event for in- During the closing weeks of World to stay alive. His boys depended upon jured soldiers from Iraq and Afghani- War II, Captain Charles McVay, III, Dr. him. stan that was held at Wintergreen in Haynes, and the rest of the crew of the Finally, on August 3, 1945, after 41⁄2 Nelson County in my district. USS Indianapolis were charged, albeit days in the deadly ocean, the survivors Commander William L. Shade of Nel- unknowingly, with the daunting task would be rescued. In the end, only 317 son County American Legion Post 17 of transporting key components of the of the 1,196 crew survived the catas- sent me this poem, and I want to share atomic bomb from San Francisco Bay trophe. Those who did survive would go it with the United States House of Rep- to the island of Tinian. through weeks of intense therapy for resentatives. b 2030 their injuries. It would take Dr. The poem is entitled ‘‘Metamor- Haynes a month of convalescence be- phosis.’’ After completing their mission and fore he could walk again. Additionally, For every soldier who lost something in Iraq: dropping off their cargo, the Indy set he suffered third-degree burns on his What do I say to those sail for the Philippines where she was face and hands from the explosions Who have looked time’s end in the eye to meet up with the rest of the Pacific aboard the Indy. And faced it, heads raised, Fleet to prepare for what everyone be- Because of the bravery of the crew of With their own eyes open lieved was going to be an invasion of the USS Indianapolis in transporting Not afraid to fear? mainland Japan. Very few people knew What comfort can I offer those the atomic bomb across the ocean, Who lost the life they knew, about the top secret weapon that could they helped end World War II and sub- potentially end the war, including Cap- And must begin again sequently saved countless American With eyes that see tain McVay. lives. We will forever be grateful to A world transformed? Just 3 days into their voyage to the those men for their contributions to How do I greet the boy Philippines, a Japanese submarine freedom. Moreover, we should acknowl- Who donned an Army jacket spotted the Indy just after midnight. edge the individual heroism of men And stepped on a bus, The submarine then fired six torpedoes like Dr. Lewis Haynes who helped save Ending his childhood at her, two of which struck the battle- Before his time? lives by keeping hope. I speak slowly, ship and would prove her undoing. Mr. Speaker, although Dr. Haynes’ Amid the chaos, Dr. Haynes tried to do Knowing this is all I can say; life ended on March 11, 2001, when he I hope that on the mountain, everything he could to help the sur- died at his home in Florida, his legacy As you take your first fall vivors stay alive to make it off the will live forever. May we never forget And powder, cool as moonlight, hits your ship. As the Indy sank, he treated as the sacrifices made by our greatest cheek many of the ship’s crew as he could generation and all of the members past That you can regain with morphine and wrapped them with and present of our Armed Forces. It is If only for a moment bandages. Realizing he was running out All that you have lost because of their selflessness that we And see before yourselves of time, he began fastening life vests enjoy the freedom we have today. around the men, directing them off the A future uninhibited and bright. ship into the dark, unknowing water f By Molly Brown. below. Simultaneously, a radio distress The SPEAKER pro tempore (Mr. f signal from the Indy was received on MACK). Under a previous order of the the island of Leyte. Although it was re- House, the gentleman from Illinois UNITED AIRLINES PENSION ported, no action was taken to save the (Mr. EMANUEL) is recognized for 5 min- COLLAPSE crew. utes. The SPEAKER pro tempore. Under It took only 12 minutes for the USS (Mr. EMANUEL of Illinois addressed the Speaker’s announced policy of Jan- Indianapolis to sink into the Pacific the House. His remarks will appear uary 4, 2005, the gentleman from Cali- Ocean. About 300 men died in the at- hereafter in the Extensions of Re- fornia (Mr. GEORGE MILLER) is recog- tack, leaving 900 more to fend for their marks.) nized for 60 minutes as the designee of lives in the deadly water. In the midst f the minority leader. of the pandemonium, the crew of the The SPEAKER pro tempore. Under a Mr. GEORGE MILLER of California. Indy was scattered throughout the previous order of the House, the gen- Mr. Speaker, last night the gentle- ocean. Some groups were lucky enough tleman from Nebraska (Mr. OSBORNE) is woman from Illinois (Ms. SCHAKOWSKY) to have a lifeboat and some supplies. recognized for 5 minutes. and I myself read into the RECORD Others were fortunate enough to have (Mr. OSBORNE of Nebraska ad- statements that we have received from life vests. However, some had nothing dressed the House. His remarks will ap- the employees and the retirees of to help keep them alive. pear hereafter in the Extensions of Re- United Airlines who were worried to Dr. Haynes found himself in charge of marks.) death about the fact that their pen- the largest group of survivors. Al- sions are going to be severely cut as a though they did not have a lifeboat, f result of United’s decision to terminate the group, called the ‘‘swimmers’’ by The SPEAKER pro tempore. Under a their employee pension plans as part of Dr. Haynes, was fortunate enough to previous order of the House, the gen- its bankruptcy proceedings. have life vests and belts. Dr. Haynes tleman from Oregon (Mr. DEFAZIO) is Tonight, we would like to again read and Father Conway, the ship’s chap- recognized for 5 minutes. many of the e-mails that we have re- lain, would swim around to the crew to (Mr. DEFAZIO of Oregon addressed ceived from these retirees and these treat the sick and injured and to round the House. His remarks will appear employees outlining what the real up the lone men floating adrift. hereafter in the Extensions of Re- human toll is of the actions of United Days would go by, and Dr. Haynes marks.) Airlines and the inactions of this Con- would watch helplessly as more of the f gress to deal with this growing crisis in young crew passed away from disease, the American pension plans for work- dehydration, and shark attacks. He did METAMORPHOSIS ers. what he could to ease their pain and The SPEAKER pro tempore. Under a As the Members will later hear, Mr. suffering. He fought off attacks when previous order of the House, the gen- Speaker, some of these 2,000 people who the men went mad from hallucination. tleman from Virginia (Mr. GOODE) is responded to the first ever congres- He gave those men hope and a reason recognized for 5 minutes. sional E-hearing by my Democratic to live when all seemed lost. However, Mr. GOODE. Mr. Speaker, I rise this colleagues on the Committee on Edu- with no food, water, or medical sup- evening to read a poem by Molly cation and the Workforce, through plies, Dr. Haynes was no longer a phy- Brown. Molly is a 13-year-old who suf- their ingenuity, we were able to extend sician but more of a coroner. After Fa- fers from cerebral palsy, and she is the an opportunity to these individuals to

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.196 H08PT1 H4278 CONGRESSIONAL RECORD — HOUSE June 8, 2005 be heard because there was no forum in who now see their economic future pension agreements, United employees this Congress for them to be heard. deeply clouded, deeply threatened by and retirees are being tossed into re- There was no forum that said that the these actions by United. They see the tirement without a parachute. Tens of average people who are being impacted fact that they worked hard for 30 years, thousands of the flight attendants and by this policy will be heard. So we for 33 years, for 36 years. There is no machinists that are affected are in Illi- came up with the idea of having a con- way now that they have retired where nois, 10,000 of them. It seems now that gressional on-line E-hearing where the they can go and accumulate the nec- the only ones who are making honestly retirees and the employees of United essary resources to have the retire- informed decisions about what they Airlines could express directly to the ment that they carefully planned for were getting into were the executives Congress the concerns that these by their hard work on behalf of United like Chairman Glenn Tilton, who changes have made to them. I think Airlines. These are the people who are squirreled away his $4.5 million retire- these average Americans are beginning crying out for help before their retire- ment fund in a trust that cannot be to notice and beginning to articulate ment nest eggs are destroyed by the touched during bankruptcy pro- the fact that this Congress has not United Airlines. ceedings. He made sure to protect his dealt with these concerns, with the The gentlewoman from Illinois (Ms. retirement package because he, like concerns that affect their daily lives. SCHAKOWSKY) and I have introduced his employees, knows exactly how im- So, Mr. Speaker, I would like to read legislation to put a 6-month morato- portant planning ahead is. an e-mail from Fred P. Euler from rium to see whether or not the pilots, I would like to share a few stories Santa Barbara, California. He writes to the machinists, and the others can ne- from United employees in Illinois who, us in the e-mail: ‘‘As a retired United gotiate with United to try to protect because they were being fiscally re- Airlines pilot, I need your help to stop these individuals’ retirement. sponsible, know exactly how losing United Airlines from dumping our pen- Mr. Speaker, the gentlewoman from their pensions will affect them. These sion plan in the lap of the Pension Ben- Illinois (Ms. SCHAKOWSKY) joined me are letters that came through the E- efit Guarantee Corporation and pos- last night, and I yield to her tonight hearing, the on-line hearing that the sibly the taxpayers. The Retiree Pilot for her comments and for the letters gentleman and his committee held. Pension Plan is adequately funded and that she has received through this e- should be paid by United Airlines, not mail hearing. b 2045 the PBGC. The amount that the PBGC Ms. SCHAKOWSKY. Mr. Speaker, I This is the story of Michael Moore will pay out will have a devastating thank the gentleman from California from Crystal Lake, Illinois. It is the impact on thousands of retired pilots (Mr. GEORGE MILLER) for yielding to other Michael Moore. He writes: ‘‘I who devoted their careers to United me. hope you have some time to hear from Airlines and are now shocked, saddened I want to express my appreciation for a small voice and on a quiet street in and angry about the callous disregard all that he has done to draw attention Illinois. I am a 54-year-old mainte- displayed by United Airlines and the to the plight of United employees and nance mechanic for United Airlines. PBGC if it succeeds in seizing our pen- how what has been happening with Having 25 years for the company in to- sion plan. I am 69 years old with 32 them really reflects the larger looming day’s world is a trick in itself. My wife years of service. It is estimated that pension crisis in our country. He has and I have raised our four children and my monthly loss will be about $2,000, repeatedly called on Congress to pro- they are out building a life of their which is over 30 percent of my pen- tect defined benefit plans and to ensure own. You work, you plan and you save sion.’’ that the rank and file workers have the for this point in your life, only to have Jeanne Miller of Murrieta, Cali- same retirement security that execu- lost it all. I have only 4 months until I fornia, writes: ‘‘I am writing this in the tives with golden parachutes do. As he was planning to retire and now I can’t. hope it might save the termination of frequently says, ‘‘What is good for the I have lost $60,000 in the United Air- United Airlines pension plans . . . I captain is good for the sailor.’’ I thank lines employee stock option plan back worked as a dedicated flight attendant him for his leadership and his fight for in 2001, gave up a total 23 percent for over 33 years. I am a single mom workers, and I really appreciate work- wages in the last few years, sold my with one child who has graduated from ing with him on this important issue. home and now will lose my pension and college, we are both still paying tui- As he knows, United Airlines, like so health care. What is next? tion, and a son who is in his first year many other corporations, has exploited ‘‘There has to be a better way. We of college. I retired reluctantly in loopholes in the law to disguise the can’t just allow large corporations to June, 2003. United offered a deal to true financial standing of its pension just terminate pension plans. The pen- those flight attendants willing to re- funds. The company knowingly under- sion plan is our deferred wages traded tire early that was hard to resist: good funded its pensions and hid the truth medical benefits and a pension that from its workers about their retire- from our current wage to provide a re- was enough to support me and my ment security, all quite legally. The tirement in the future, a legal con- son . . . Now they are threatening to nearly $10 billion shortfall at United tract. Now it is not worth the paper it take all of that away.’’ Under the pre- was only revealed when the company was written on. vious plan, she ‘‘would have been able asked the bankruptcy court to termi- ‘‘I feel I am a perfect example of how to be the caregiver for both of my par- nate its pension plans and now the em- Mr. Bush’s Social Security plan will ents, who are disabled and unable to ployees are the ones that are going to fail. As the employees of United con- live by themselves without care. have to pay the price. These dedicated tinue to give and give and give, our top ‘‘If United turns over our pension to employees have had the rug swept out management make more and more. the PBGC, it will create a tremendous from under them, and their retirement Something isn’t right.’’ hardship.’’ security is in serious question through If I could go on, I have a couple more. John Givens of Redondo Beach, Cali- no fault of their own. This is what Paula Carlson from Oak fornia: ‘‘I was a 361⁄2-year employee who United employees have tried to be re- Lawn, Illinois, had to say: ‘‘I have been was forced into retirement when sponsible. They have tried to plan a flight attendant for almost 20 years United closed my reservation office in ahead. When they signed up for their for United Airlines, and if my pension Long Beach, California. My retirement jobs they believed they were making is terminated I will be paid as if I ter- was good enough that my wife, who is informed financial decisions for today minated my employment at 47, even if disabled, and I thought we could make and for their retirement. United offered I continue to work and retire from it. We have raised seven children, two luring packages of benefits, included United Airlines when I am 62. My re- who are still in college. They work part defined benefit pensions, meaning em- tirement plans were for the full pen- time but will have to drop out because ployees were guaranteed a set figure sion I was promised, a 401(k) and Social I will no longer be able to help them. I for their retirement when their years Security. Now I will have to live off of will lose approximately 55 percent of of work for United Airlines were done, $400 monthly approximately from my my pension due to the rules.’’ years down the road. pension, instead of $2,800 monthly. Mr. Speaker, these are e-mails from Now, because United is using the ‘‘I can hardly contribute to my 401(k) United retirees and United employees bankruptcy court to back out of its due to pay cuts at United. I will be at

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.202 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4279 poverty level and may have to be a bur- side of bankruptcy, they were put into Well, it was the employees at UAL den on my son, who is only 16, but trusts, or as the company is reorga- that actually went into an ESOP pro- hopes will make a decent enough living nized, they then go back to issuing gram, an employee stock option pro- to help me out. stock options for themselves, issuing gram, that turned out to be near ‘‘We have been deceived our whole bonuses, as if nothing happened. worthless for them in the long run. lives about hard work paying off. The Yet what we see here is tens of thou- Some lost hundreds of thousands of only ones paid off are the CEO and the sands of United employees who are left dollars trying to help the company out. board of directors. They come in with in the dust bin. Many of these people They underwent cuts in pay, they their guaranteed payoff and the com- cannot go back to work. They cannot forewent benefits, and all of this to pany they have been hired to build or go back and accumulate a retirement find the company surreptitiously maintain can collapse right from under nest egg again, and I think it is some- sneaks into bankruptcy for 21⁄2 years them, while the workers who built the thing we see run through all of our let- and then slides their benefits into companies lose everything and become ters. I want to thank the gentlewoman bankruptcy and they end up going into a burden on their children and our soci- for raising that point. the Pension Benefit Guarantee Cor- ety. What has happened to our coun- Ms. SCHAKOWSKY. Mr. Speaker, if poration and getting about 30 to 40 per- try?’’ the gentleman will yield further, let cent of the benefits, if they are lucky. Let me read one more. This is a good me say one thing about that. It is not These letters, these e-mails, are writ- one. The following is Joseph Gillick’s as if they are saying we want things to ten about feelings of betrayal, absolute story. He is a flight attendant based be exactly as we were promised when feelings of betrayal. They say it is a out of Chicago, lives in Espyville, we came in. These employees have sign of what they think is happening to Pennsylvania: given up about $3 billion in benefits al- the moral fiber of this country. They ‘‘If you have traveled frequently on ready. wonder on a philosophical level how United Airlines during the last 13 Mr. GEORGE MILLER of California. this is going to impact the values that years, chances are you have become fa- Reclaiming my time, time and again they have been brought up with and miliar with my voice and face. I have these employees have given back on re- they have been instilling in their chil- worked as a flight attendant for United tirement, have given back on wages, dren. Airlines for 29-plus years. My name is have given back on hours to keep this Jacob Acker said not too long ago Joseph Gillick, I am based in Chicago airline flying; and yet at the end of the that in 1938 FDR talked about the last Illinois, and I am the safety video day, the executives walk out to the great unconquered frontier of America spokesperson seen on United flights new company and the employees are was the frontier of uncertainty and in- worldwide. stuck without their retirement, with- security. And then as a country we set ‘‘I submit United senior executive’s out their health care benefit. out to do something about it. We I now recognize my colleague, the bankruptcy strategy under the leader- worked with corporations, with em- gentleman from Massachusetts (Mr. ship of CEO Glenn Tilton is an affront ployee groups, we worked with private TIERNEY), who was part of our e-hear- to basic human values, financially groups and our government and we put ing, the first-ever Congress e-hearing wrong and unquestionably unpatriotic. in Social Security, we put in pensions, to provide this kind of access to ordi- ‘‘If senior executives are successful in we put in health care benefits, the min- nary Americans who are suffering the dumping pension obligations, forcing disaster, the personal disaster of the imum wage, the GI Bill. We put in the PBGC to take responsibility, I will larger disaster of the United Airlines structures and security so people in immediately lose 50 percent of my decision to go into bankruptcy and get this country would no longer feel that meager $1,100-a-month pension benefit. rid of these pensions and health care they were confronting that frontier of I am presently the primary caretaker plans. insecurity and uncertainty. of my 89-year-old mother. With ever-in- Mr. TIERNEY. Mr. Speaker, I want But here we are in 2005, we find out creasing health care and home care ex- to thank the ranking member, the gen- executives and management of a com- pense, my mother and myself are just pany can turn it around and take their tleman from California (Mr. GEORGE two out of countless thousands of citi- MILLER), and thank the gentlewoman promises and turn them into dust and zens who will be unquestionably from Illinois (Ms. SCHAKOWSKY) as well take their employees and put them harmed and placed in dire financial cir- for your leadership on this issue, and into sheer desperation, so that again in cumstances. for convening this e-hearing and also 2005 we are again facing a frontier of ‘‘No question United is operating taking this time on the floor tonight. uncertainty and insecurity. And it is under severe financial circumstances. I think it is imperative to read as incumbent on this Congress to finally Difficult decisions must be made. Cor- many of these e-mails as possible into act. porate change must occur. Yet at the the RECORD and express the voice of so I say to the gentleman from Cali- end of the day, will we be able to say many people that earned their pen- fornia (Mr. GEORGE MILLER), as rank- all possible solutions were explored be- sions, that worked their long work ing member of this Committee on Edu- fore allowing United executives to lives and took as a form of deferred cation and Workforce, and the mem- dump employee pension responsibil- compensation the rights to these pen- bers on the minority side who have ities?’’ sion benefits. They sacrificed pay been banging away for some time now Mr. GEORGE MILLER of California. raises and sacrificed other benefits in saying this is an impending problem Mr. Speaker, reclaiming my time, I exchange for what they thought was a that has to be addressed, where is Con- think the gentlewoman has raised a promise from the company that they gress on this matter? Where is the number of people who wrote her from were going to get this pension when White House on this matter? They are Illinois, the retirees and employees of they retired. dealing with issues the American pub- United raised this point, that it was ac- One UAL person wrote in and said, ‘‘I lic does not even care about. You look tually the President that said what is joined UAL with stars in my eyes be- at what has happened so far this year good for the crew is good for the cap- lieving the promise of opportunity, a on the agenda of this Congress and the tain. secure benefit package and the enthu- White House. It is not about jobs, it is What we see here clearly is what so siasm of being part of something not about health care, it is not about many of these employees recognize, great.’’ education for people’s children, and it and what we have watched now is com- Well, it really has not been some- is not about pension protection and re- pany after company that terminates thing great for them. As the gentleman tirement. these employee pension plans, that go mentioned, in every way the employees The closest the President comes is into bankruptcy, at the end of the day tried to work it out with the company. trying to privatize Social Security, the company goes on, less these liabil- I am so used, as the gentleman is, from which would put these people in fur- ities, and the very people who adminis- hearing executives tell us, oh, the em- ther jeopardy. And that is what I hear tered the company into the bank- ployees will not cooperate, the employ- often from the people at United. Boy, if ruptcy, their pensions in many cases ees and their high costs are driving they ever realized about the guaran- were guaranteed, they were moved out- this company down. teed benefit of Social Security being

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.203 H08PT1 H4280 CONGRESSIONAL RECORD — HOUSE June 8, 2005 important, they now realize it, because We have letter after letter from Mas- Mr. TIERNEY. If the gentleman will what they thought was a benefit due sachusetts residents and people in my yield further, compare that to John them from their employment has gone district that show, exactly as the gen- Lagadinos from Billerica, Massachu- out the window. tleman’s have, this is a tragic failure of setts. He is a retired aircraft mechanic As I said, these stories are touching. Congress to respond and a tragic action with 42 years of service with United But they are more than touching; they by a corporation that should know bet- Airlines, 35 years were spent working are tragic. For many of the people ter and should have acted differently. the nightshift, afternoons, midnights, here, it is too late to start over. I think Mr. GEORGE MILLER of California. working most weekends, Saturdays, in one of the letters that either the Mr. Speaker, reclaiming my time, I Sundays and holidays, with, as he says, gentleman or the gentlewoman from Il- thank the gentleman. Again, he has no social life to speak of. linois (Ms. SCHAKOWSKY) read, they raised an important point. These em- He says, ‘‘We also worked in rain, talked about dedicating their life to ployees of United Airlines, these em- sleet and cold, heat and cold. The ex- the company for a promise and now ployees for the last several years have ecutives didn’t. So cold in the winter being faced with decisions that they worked with this company to give back our hands would be cracked and bleed- never thought they would have to face part of their retirement, give back part ing from working on the aircraft out- and making choices they never thought of their health care, give back part of side. they would have to make. their wages, give back part of their ‘‘Contractually our monthly medical What about their health care? Are hours, all the rest of it. They were insurance for my wife and I was $22 per they going to be able to afford it for struggling to stay in the middle class. month pre-65 years of age and $24 per themselves, for their loved ones, par- These are good, middle-class jobs. They month post-65. ticularly for their children? There are were struggling to stay in those jobs, b 2100 120,000 employees that face these deep to stay in the middle class with the as- benefit cuts. It is going to make a seri- surance of that retirement. But, recently, that has been in- ous impact, and many of them are con- Very often people think, well, the re- creased to $214 per month, with a de- cerned for themselves, but, even more tirement is something you get at the crease in coverage and an increase in so, for what happens if other companies end of your employment. The fact of out-of-pocket cost. So it is not bad follow in the footsteps of United. the matter is, every hour of pay you enough that their pension rights are What happens if this Congress under have negotiated, you give something being shaved down to less than 15 per- Republican leadership continues to fail for retirement. You earn it on an hour- cent but that they are heaped on with to act to shore up these defined benefit ly basis. Your employer decides how additional medical expenses, another pensions, to shore up the Pension Ben- much they want to pay you and they promise that was made to them that is efit Guarantee Corporation system so figure in your benefits and all of the not being kept by corporations, as that it takes care of people, to make rest of it. It is a package. more and more companies are starting sure that every corporation does not Now, of course, here at the end, peo- to default on their retirement health decide to slide into bankruptcy and ple after 30, 40 years, finding out that benefits as well. So it is a double dump its responsibilities onto the they have lost a huge percentage of whammy. PBGC and to hurt their employees and their retirement and have no ability to The prescription drug costs have in- leave them no recourse. We need to act. replace it. creased from the $5 generic, $10 name Let me read one letter, if I can, from Mr. TIERNEY. If the gentleman will brand to $19 generic, $51 name brand. my district, Kevin P. Creighan and yield further, one of the things not His wife and he use four name brand Cathy J. Hampton from Lynn, Massa- true is most of these executives have drugs costing $204, that used to cost chusetts. They e-mailed in: ‘‘We know not worked anywhere near the number them $40. that approximately 120,000 current and of years that these employees have Then he talks about what the gen- former employees will suffer if United worked for that company. Many of tleman from California (Mr. GEORGE Airlines is allowed to hand its pensions them come on as directors of the board MILLER) and the gentlewoman from Il- over to the PBGC. I will address the or in high-level positions for a much linois (Ms. SCHAKOWSKY) talked about concerns of two of those current em- shorter period of time, qualify for some earlier. These same employees went ployees, my wife Cathy and myself, as pretty extravagant pension rights of into an employee stock option plan at examples of the upcoming devastation. their own, solidify them by putting the request of the company to try to ‘‘Cathy has been with United for 27 them in a trust that cannot be touched save the company. They were not al- years, and I have been there for 29, a in a bankruptcy proceeding, and go out lowed to contribute to the 401(k) that combined 56 years of working hard, merrily into the sunset having de- they paid on their own. The company earning a living, and all along expect- stroyed a company, or at least their never contributed to the 401(k). In lieu ing a pension in 7 years’ time when we employees’ chances to have a decent, of wages, they were given useless planned to retire. At our retirement, dignified retirement. stocks and ended up selling on the em- between us we expected to have 70 Mr. GEORGE MILLER of California. ployees for about a dollar a share. For years of loyal service to our employer, Mr. Speaker, reclaiming my time, over this individual, it was costing about single employer; and we each expected the last several years, the gentleman is $160,000, which he lost. to receive monthly pension checks of quite correct, we have seen CEOs and He says, with all of these losses and about $2,500 per month. other corporate officers who are retir- losing a portion of our pension, too, I ‘‘If United is allowed to break its ing, and they have worked for the com- do not know how we will make it. They promise to pay our pensions, our actu- pany for 3 years and they are given a do not want this to become a precedent aries tell us we would each probably re- retirement package as if they worked for other companies. Thank you for ceive less than $1,000 per month. We are at that company for 23 years, if they your concern and action. already told that we could work an ad- worked at that company for 15 years. Concern is something that we have ditional 15 years and we might get clos- So they just make up the retirement here. Action is what this Congress er to our current pension, but that is package for the CEOs and they go on needs to do and which it has not been predicated upon a very strong stock their way. doing. market and successful investments. The CEOs that ran United into the Mr. GEORGE MILLER of California. Work 15 more years, and only to get ground here, that have destroyed this Mr. Speaker, I thank the gentleman closer to something else. company, they get severance packages, very much for participating in this. ‘‘Our retirement income would drop they get golden parachutes, they go on I would like, before I recognize the by 60 percent unless we choose to work their way. The employees who are left gentleman from New York (Mr. beyond 70 years of age. This is not the struggling trying to rebuild this airline OWENS), to read one last letter that we American way. We thank you for con- to try to keep it competitive, they are have here tonight, and I will read oth- sidering how dreadful this situation is, the ones that take the slicing and the ers in the coming days, from Ann Clegg not only for the two of us, but for our dicing of the loss of the pensions, the of San Francisco, California: 120,000 colleagues who have worked loss of the health care, the loss of the ‘‘I retired as a flight attendant from every bit as hard.’’ retirement. United Airlines in 2002 after 37 years of

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.204 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4281 service. I was promised a pension and I yield to the gentleman from Massa- ber of long standing of the Committee quit at age 58 after carefully consid- chusetts. on Education and the Workforce who, ering the money I would live on, and Mr. TIERNEY. Mr. Speaker, I do not in every session of this Congress, has my pension was a big part of that. Now, have to remind the gentleman from taken on the responsibilities of this with the threat of the reduction of my California about his efforts to have the committee to look at these issues that pension, obviously, my standard of liv- committee go to the administration confront working families in the work- ing will be greatly reduced. I ask you, and get that information about where place, in their health care, in their if there is anything good, right, and does the rest of the employment situa- daily lives in the workplaces of Amer- honest in this country, why is this hap- tion lie, where are the rest of these ica, and that is the gentleman from pening? I worked and believed a prom- pensions in terms of their viability. New York (Mr. OWENS). ise that should be upheld by my com- The fact of the matter is we have been Mr. Speaker, I am going to yield the pany and the government. I would not unable to get that information until balance of our time to the gentleman have retired early had I known that very recently. We got some of it. from New York (Mr. OWENS) for the United Airlines would be allowed to re- But what is the problem with dis- purposes of this discussion and to read nege on its promise. This is wrong and closing that to the American public? the communications from individuals shameful. Please help.’’ What is the problem with the Congress from New York. The point is, again, these people knowing the full extent and the public Mr. Speaker, I thank the gentleman upheld their end of the promise. The knowing the full extent, how many for joining us tonight. promise was between the employees companies are in this precarious situa- f and the company, the handshake was tion? That, if anything, would force between the employees and the com- Congress hopefully to get up and act. HUMAN SUFFERING AS A RESULT pany, and that is why these people are Something that we have known, OF CORPORATE THEFT so devastated when the company made something that the gentleman has led The SPEAKER pro tempore (Mr. the decision to go into bankruptcy and the way in writing to the committee, MACK). Under the Speaker’s announced to discharge these pension obligations speaking to the committee and the ad- policy of January 7, 2003, the gen- and their health care. ministration on this issue and now try- tleman from New York (Mr. OWENS) is I know the gentlewoman from Illi- ing to get the information that will recognized for the remainder of the nois (Ms. SCHAKOWSKY) and I knew the compel them to act on it. Because it is designee of the Minority Leader’s time. gentleman from New York (Mr. OWENS) devastating to learn just how many Mr. OWENS. Mr. Speaker, may I ask and I know the gentleman from Massa- companies are in a situation that are how much time I have left? chusetts (Mr. TIERNEY) have read these near default or problematic. The SPEAKER pro tempore. Approxi- letters. Mr. GEORGE MILLER of California. mately 30 minutes. So very often, these very same fami- Mr. Speaker, I just recently wrote to Mr. OWENS. Mr. Speaker, I want to lies that are losing their retirement in- the chairman of the committee and, begin by thanking and congratulating come have serious health problems after reviewing that information that my colleagues on the Committee on within their families, either their chil- was given to us by the PBGC, I asked Education and the Workforce, the dren, their spouse, their parents, who him, I think it is very important that ranking member, the gentleman from they are taking care of. Their own re- the committee go ahead and have a California (Mr. MILLER), the gentle- tirement benefits and their health care vote and make this information public. woman from Illinois (Ms. benefits for their family were very im- Because, obviously, what we have seen SCHAKOWSKY), and the gentleman from portant to them, and now they are sad- is there is a huge disparity between Massachusetts (Mr. TIERNEY), I want to dled with increasing health care costs, what the public has been told of the thank them for their invention of the with a diminished health care plan, if congressional e-hearing. This is not a any at all, and, obviously, a greatly di- pension problems of these companies small thing. We now have a device, one minished pension. So these people are and what the PBGC has been told in se- more productive milestone for commu- really suffering a double hit by the ac- cret, out of the public eye, not for dis- nication, that can allow us to reach tions of United. closure, what the real situation of We have written to our committee, these pension plans are. out into the entire Nation, beyond the the Committee on Education and the So that we have millions of Ameri- Beltway, beyond the partisan argu- Workforce, for several years now, ask- cans who believe the conditions of ments of the Congress. ing them to have hearings, asking their company’s pension plan is one This is a very important new instru- them to look at this problem, asking thing, and the company knows it is an- ment for freedom of speech and for them to look into the PBGC. Only other. In many cases, as we wrote to freedom of the minority party. We are, today, as the Senate held its hearings, the chairman and said, the difference is as Democrats, a minority party, and did people start talking about the loop- hundreds of millions of dollars and, in we are an oppressed minority party in holes. some cases, billions of dollars in terms that we are not given the right to call We have known about those loop- of those liabilities. I think that those hearings or we are not allowed to rec- holes on the committee for years, to employees, when they see how this can ommend hearings and have the major- bring to everyone’s attention how the happen with the United case, those em- ity party follow through on those hear- pension plan was gamed, how the real ployees are entitled to that informa- ings. That was not the case when the figures are not disclosed to the employ- tion. Democrats were in the majority, but ees, not disclosed to the investors, not Interestingly enough, the President that is the way it has developed with disclosed to the public, the conditions of the United States asked 4 years ago the present Republican majority. of these pension plans. Only when it is that this information be made public, So we have a device now whereby any too late are those disclosures made as but the companies are lobbying hard so citizen can participate. They do not the company enters into bankruptcy it will not be made public, and, so far, have to pay the fare to come to Wash- and there is very little the employees the committee has not responded to ington, but you can participate in a can do about that. our letter. But certainly before we hearing, and I think this is a device It is absolutely a scandal what has begin writing a new pension bill we that we should look forward to using taken place here and the inaction of ought to have this information laid out more often. this Congress. Only now do we start to on the public record so people can com- We should understand that in street see them take action. But no inquiry ment on it to see whether or not the language what my colleagues have before, no discussion of the problem, bill that we are considering, the ideas been talking about is a legal swindling, and even as we start to take this ac- that the President has will make this legal theft. How can there be legal tion we will not have the full informa- worse or make it better. I thank the theft? Well, whatever the Congress ap- tion before us about the extent of this gentleman for raising that point. proves is legal. They sometimes ap- problem, and not just United Airlines I would like at this time to recognize prove things that are immoral and ille- but in major corporations all across another member of the Committee on gal, really. They sometimes approve the country. Education and the Workforce, a mem- things that are devastating for people.

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.206 H08PT1 H4282 CONGRESSIONAL RECORD — HOUSE June 8, 2005 But legality means we made it legal, school to switch careers, and won- United’s collapse. At mid-life I’m forced to because it is a law. dering how I will pay for it. I have to go back to school to switch careers (and By law, we are allowing corporations find a job that will pay me what I was wondering how I’ll pay for it). I have to find to run rampant over the rights of indi- making, plus the 61 percent retirement a job that will pay me what I was making plus the 61% retirement loss my husband is viduals in a most profound and basic loss my husband is going to suffer. Yes, going to suffer—yes, that percentage is accu- way, and that is they are taking their that percentage is accurate. My hus- rate; my husband used the PBGC formula. money. They are taking the money of band used the Pension Benefits Guar- My kids want to know why we won’t buy people who have put their money aside antee Corporation formula. My kids them Game Boys, why we never eat out any- in a pension plan and who entrusted want to know why we won’t buy them more, why the house was freezing in the win- the corporation to be the guardian for Game Boys, why we never eat out any- ter, why we’re canceling the cable, why we the money that they have saved over more, why the house was freezing in might sell the house, and why we won’t buy the years. the winter, why we are canceling the a replacement vehicle to our 13-year old minivan with the ‘‘loud noises.’’ I am going to begin with one letter, cable, why we might sell the house, and I’m not a rocket scientist, but I know that because I think it is very important to why we won’t buy a replacement vehi- United’s employee pension funds don’t have keep this on a plane where we under- cle to our 13-year-old minivan with the to be turned over to the PBGC to allow UAL stand that the people of America are loud noises. to emerge from bankruptcy! I expect—no, I speaking. I think the e-hearing solic- ‘‘I’m not a rocket scientist, but I demand that these smart people at the top ited at least 1,000 responses, and I know that United’s employee pension actually formulate a plan to preserve what think that some of those responses funds don’t have to be turned over to all the employees have worked so hard to the PBGC to allow UAL to emerge earn. need to be amplified, and we need to I feel pretty darned (not the word I want to hear them and the rest of America. from bankruptcy. I expect, no, I de- use) mad, betrayed, and depressed. I feel that I want to begin with one which does mand, that these smart people at the my husband and I have no control over our not come from New York State. I am top actually formulate a plan to pre- financial future and also feel, unfortunately, going to read a few from New York serve what all the employees have that this won’t be resolved for years. Con- State, but this one happens to come worked so hard to earn. gress, it’s your turn to step up the plate and from a lady who lives in Doylestown, ‘‘I feel pretty darned (not the word I do something since UAL’s management isn’t, Pennsylvania, Carolyn A. Rosenberg. I want to use) mad, betrayed, and de- nor this Administration (and I’m a Repub- give her name, I give her location, be- pressed. I feel that my husband and I lican). CAROLYN A. ROSENBERG, cause I think she wanted to participate have no control over our financial fu- Doylestown, PA. ture and also feel, unfortunately, that in a hearing, and she wants to be heard. I want to just take one moment to this won’t be resolved for years. Con- She wants it to be public, what she is reminisce about the early days, my gress, it’s your turn to step up to the about to say. I must say that what is in early days in Congress. Within a few plate and do something since United this letter is very intimate, very pain- years after I came to Congress, more Airlines’ management isn’t, nor this ful, it shows a great deal of human suf- than 23 years ago, we had what is administration (and I’m a Republican). fering, and I congratulate her, I thank called the savings and loan bailout Carolyn A. Rosenberg, Doylestown, her, for being willing to share it with scandal. the rest of America. Pennsylvania.’’ ‘‘Representative George,’’ she says, I want to thank Mrs. Rosenberg for b 2115 ‘‘my vivid recall of 9/11 is lying on the sharing that with us. I want to thank Savings and loans bailout scandal. I kitchen floor in a fetal position crying her for participating in the e-hearing. I call it scandal. It was another one of uncontrollably, feeling like I am going hope that we will be able in the future those swindles, legal swindles, legal to vomit, praying to God to keep my to have many more e-mail hearings stealing, sanctified by the Congress. husband safe, and wondering where my since we are not allowed to have hear- We have spent more than half a trillion husband is, what he is experiencing, ings of people in person. dollars of the taxpayers’ money paying and what the hell is going on. My next Mr. Speaker, I will enter the entire for the swindling and the crookedness thought, rational or not, was to jump letter of Ms. Rosenberg into the that went on in the savings and loans in the car and go pick up my son from RECORD. banks. his Jewish preschool, figuring these lu- REPRESENTATIVE GEORGE. My vivid recall I said more than half a trillion, be- natics would want to kill him because of 9/11 is lying on the kitchen floor in a fetal cause whenever I try to get the final of how we choose to worship God, yet position; crying uncontrollably; feeling like figure, and really how much taxpayers I’m going to vomit; praying to Gld to keep my body wouldn’t let me get up off the my husband safe; and wondering where my were charged for that swindle, nobody cold floor. I desperately hoped for husband is, what he’s experiencing, and what ever can come up with a hard figure. So someone to call me, anyone, and tell the hell is going on! My next thought, ra- I recommend that there are some soph- me my husband was safe. tional or not, was to jump in the car and go omores out there listening, high school ‘‘Presently, as I write this, my body pick up my son from his Jewish preschool, sophomores, and bright students, you is shaking. It is difficult to keep my figuring these lunatics will want to kill him might want to go and check out and emotions in check and to focus on what because of how we choose to worship Gld, see if you can research and search out I want to say. My husband recently re- yet my body wouldn’t let me get up off the the amount of money that the United tired from United Airlines after a 24- cold floor. I desperately kept hoping for someone to call me—anyone—and tell me my States Government, the taxpayers, had year pilot career with them and a 40- husband was safe. to put up to pay for the transgressions year career as a professional aviator. Presently, as I write this, my body is shak- of the savings and loans failures. What is happening at United to all its ing; it’s difficult to keep my emotions in Legal swindling. That is what it was. employees, present and past, is appall- check and focus on what I want to say. My Stealing. Legal stealing. Systematic ing. The people with the power of this husband recently retired from United Air- swindling. Sanctioned and guaranteed company belong to the group that lines after a 24-year pilot career with them by the government. And I use those boasts Ken Lay, Bernie Ebbers and and a 40-year career as a professional avi- harsh words because we are about to ator. What’s happening at United to all its Dennis Kozlowski as some of its mem- employees, present and past, is appalling. enter another one of those fantastic bers. The Executive Council for the Pi- The people with the power at this company bailouts. It has already begun. The air- lots Union is also right there with belong to the group that boasts Ken Lay, lines now are going to have what the them. Bernie Ebbers, and Dennis Kozlowski as savings and loan banks had, a bailout ‘‘The effects of the United Airlines some of its members. The executive council by the taxpayers. bankruptcy has been staggering to my for the pilots’ union is also right there with Now, there are two things at work family. The stress on my husband and them. here. I want the fullest possible sym- myself individually is enormous, not to The effects of the United Airlines bank- pathy for the people who are suffering, ruptcy has been staggering to my family. mention the strain on our marriage. The stress on my husband and myself indi- like Mrs. Rosenberg, and some of the We have lost a significant portion of vidually is enormous, not to mention the other people’s whose letters I will read our savings due to United’s collapse. At strain on our marriage. We’ve lost a SIG- in a few minutes. But we must sym- mid-life I am forced to go back to NIFICANT portion of our savings due to pathize fully. We must understand that

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.208 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4283 those are human beings, families that ation for some time. And when it was we did an unprecedented thing. We need somehow to be justly com- tested, the missile blew up, melted and gave a single industry money to make pensated. was no good. up for their losses. They need the full amount that they But, yet, it was reported to have been The airlines got billions of dollars, have invested returned to them. And a success, and additional money was appropriated by Congress, taxpayers’ that is our first priority. It must be our given to keep the development going. money, to help cover their losses. Step first priority. If in the end the only Thus far, that development process has 1: but, evidently, you know, their busi- way they can get that is through the cost $400 million; $400 million to de- ness practices are such that they did Federal Government, taxpayers, then I velop a weapon which blew up and obvi- not look at the situation and say, well, guess we will have to do that. But what ously is not workable. But, also, they you know, like a farmer has to worry a shame. pointed out that we do not need to be about the drought, and manufacturing These are individuals who never ex- in a weapons race. Who are we racing has to worry about a declining interest pected, never wanted to be the bene- against? Who is it that has better of consumers, you have to make your ficiaries of taxpayer welfare. That is weapons already than the United adjustments, you have to do things dif- what it is going to be, a subsidy given States of America? Why do we need to ferently. No, the airlines did not ad- to them from the government to make madly pour money down the drain just, so they continued to lose money, up for something that they should have after building more weapons? because they did not make adjustments gotten as a result of their own indi- The military industrial complex con- in terms of their commitment of vol- vidual responsibility. tinues to rip off the taxpayers of Amer- ume and employees, et cetera; and they We stress a great deal, and certainly ica. The banking and credit card com- are still losing tremendous amounts of this administration and this White plex is what the savings and loan peo- money. House and the present domineering ma- ple were all about. The savings and And now they wade into the pension jority party in the Senate and in the loan scandal started with the failure of funds of the employees. And we are ex- House of Representatives, they stress a few big banks, a few big banks after pected, we taxpayers are expected to cover that cost. Where will it go? How personal responsibility. But the per- being mismanaged. Can you imagine many billions will it be? Do you know? sonal responsibility does not seem to banks with billions of dollars being There is no way to know, because we extend to the corporate executives who mismanaged, on the verge of bank- are so compliant in our obedience to take the money of the people, the in- ruptcy, and the United States Federal corporations, we bow down in America. vestors, and the money of the employ- Reserve Board, the guy who was there The America of the last 20 or 25 years ees and illegally use it and end up at the time, who was in the particular has been more and more bowing down empty handed, expecting a bailout banking regulation agency, rec- to the power of the corporations. We do again from the taxpayers. That is what ommended that we not allow them to not demand that corporations act re- we are dealing with here. fail? sponsibly. We must sympathize. We must try to The phrase was, they are too big to We do not demand that corporations, get ways to get more than 60 percent. fail. If they fail, they will drag down which are part of the Pension Benefit Now, once as you heard from the letter, many other industries with them. Well, Guarantee Fund Corporation, that they in this case the pilot says, I will only first it was one bank, then in a few disclose the situation with respect to get 60 percent. Now, I face a 60 percent months it was four banks. And then it their pension funds. It seems to me loss. That means I will only get 40 per- came out that the savings and loans, that that is a reasonable demand; it cent of what I should have gotten. The all of the hundreds of savings and loans ought to be an automatic demand. Any loss is 61 percent. You know, we would banks across the country many of common sense will tell you if you are like to see them get a hundred percent them were in serious difficulty because going to take the responsibility of bail- of what they should get. of the fact that the savings and loans ing out someone in the future if they And I do not want anything I say now program, the Federal Government get into trouble, the least that you to let us lose sight of that important guaranteed $100,000. If any individual should be able to do is to be able to de- consideration. But we must understand put their money in the bank, up to mand that they show us how they are the job of Congress now is to stop fur- $100,000 was guaranteed by the Federal proceeding in their business, what is ther thievery. Stop further swindling. Government; therefore they were abus- the likelihood that they may get into Let it by known right now that this ing that, and in some places they were trouble, and what is the trend, what whole acquiescence, surrender to rule offering tremendous interest to get may be the place in which the crisis oc- by corporations, which has gotten com- people to deposit up to $100,000, and it curs. pletely out of control under the present ran away from them. We have every right to demand that administration, this has got to stop. They did not have the money to corporations disclose the basic infor- You cannot let corporations continue cover when people came to collect mation about their pension funds. And to plunder the economy and plunder its their money. And this happened in yet we are not getting that informa- citizens. large amounts across the whole coun- tion. The transparency is not there. Yes, we have had other plunders. We try. Everybody got in on the swindle The regular reporting is not there. Why know the military industrial complex, who was in the savings and loan indus- does Congress allow the taxpayers to which President Eisenhower, as he was try, not everybody became crooked, take on responsibility of insuring these going out of office, said, beware. Be- but a large percentage. So in the end it people, while at the same time making ware of the military industrial com- cost us more than a half a trillion dol- no demands? That is what the new leg- plex. They will rob America blind. lars. islation is all about. It is old legisla- They had taxpayer’s money in this And I wager that we probably have tion. We Democrats on the committee, amount, and they are doing that. They gotten close to a trillion dollars, but as the gentleman from California (Mr. are still doing that. It is an open bot- you cannot go find that figure. It was GEORGE MILLER), the ranking member tomless pit that we are dropping all so cleverly done, with the approval of the committee, pointed out before, money into, military expenditures. of so many very important and power- we have been saying for years, we need Above and beyond Iraq. Iraq had to ful people, and so you cannot get the to strengthen our pension laws. We have a special appropriation. But we full story. need to deal with this in a different are spending more than a half trillion We are on our way now to a bailout way. We need to be more responsible as dollars on the military already. Today of the airline industry. Phase 1: shortly a government. We have been saying it, the New York Times had on its front after 9/11, we all agreed that the air- but in the last 8 years we did not have page a story of how the program for lines had been unfavorably, unjustly control; the Republican majority did. the procurement and the development penalized economically, that because And they seem to believe that there is of weapons has gotten completely out they were grounded as a result of try- nothing corporations can do that is of control; and it cited as an example, ing to ensure the safety of the Amer- wrong. in the early part of the story, a naval ican people from the air they had lost You know, we had the great theory weapon that has been under consider- a tremendous amount of revenue. So that persists even until today, laissez

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.210 H08PT1 H4284 CONGRESSIONAL RECORD — HOUSE June 8, 2005 faire is better, laissez faire, fancy gle-family home, in most cases there is China. We sell it at high prices here, French means ‘‘leave it alone.’’ no father, because one adult and three big profits. Our relationship with China Businesses say laissez faire, leave us kids, 6 or $7,000 per family per year, was too good to pass up. You can get alone. Government is best by following versus $340,000 for a farm, an agricul- things too cheap. You can get them so a laissez faire policy, leave business tural corporation farm program. cheap manufactured and you can come alone. And that has been the story of b 2130 back here and sell them in a market American capitalism. We have left which has a different standard of living business alone. But it has not worked That is what we are doing in Amer- and you make tremendous profits. the other way. Business has not been ica. The farm bill that we passed today That is how we have caved in to China. willing to leave government alone. And has billions of dollars in there to give China is a Communist government here is our dilemma. away to farm subsidies, sometimes for politically. China is as totalitarian as a Business has taken over government. not growing grain, et cetera, but it is a government can get in the final anal- Business has taken over government, giveaway of American taxpayers’ ysis. They do not hesitate and they do and business demands that laws be money. not pretend to be democratic. They made in ways which guarantee that The farmers now constitute less than will not hesitate to step in and change their profits will be maximized, that 2 percent of the population. Less than the rules if they want to change the whatever damage occurs in their case 2 percent of the population is walking rules in terms of any one of the indus- that they will be bailed out. You know, off with a tremendous percentage that tries in China. They put a great deal of we just finished an agricultural appro- is available for needy groups. $340,000 conditions on our businesses when they priation bill today. The agricultural in- for each corporation, that is the max- go there. It is a planned economy. It is dustry is one of those industrial com- imum amount they can get. Is it not a totalitarian economy which still re- plexes, the agricultural industrial com- wonderful we set a maximum, that stricts people a great deal. they cannot go to a million? plex feeds off the taxpayers enor- They are finding trouble restricting mously. This is a nature of a corpaucracy, the corpaucracy that we have allowed our- people because of the Internet and they The agricultural industry is still giv- cannot keep information from flowing. ing subsidies to farmers. In most cases selves to get entangled in. The old ter- minology for economic systems and po- There are a number of things that a they are not going to individual farm- modern world is going to undue the ers; they go to farm corporations, be- litical systems is obsolete, to talk about communism or fascism or any Chinese totalitarian approach. But cause when Roosevelt started the pro- they at this point are a Communist to- gram for the dirt farmers of the coun- other ‘‘ism.’’ I think in terms of it being a system that is set and being talitarian state with a mixed economy, try, small amounts of money went to and where capitalism suits them and them to help them grow crops, partici- run a certain way, and you can talk about it in term of certain theoretical they can make profits off of capitalism pate in the program, use experimental they are doing that. information from the various county principles that will follow, there is al- We are a mixed economy here, but we agents, et cetera. ways a pattern. Not the case. Small amounts went to individuals We have a situation now where in do not admit it. We now need socialism farmers. But the individual farmers America we have social for the rich. to bail out the airline industries. You had the right to sell their so-called Socialism bailed out the savings and need socialistic actions, just as we had quota allotment to someone else. So loan banks. Socialism meant the gov- socialism to bail out the savings and corporations have, over the years, ernment, the people distributed their loan industry. bought up all of those allotments, and wealth into the banks to make up for Mr. Speaker, in the last few minutes you have corporations now that get what they had lost. Socialism means I want to read a couple more of these tremendous amounts of subsidies as a the government, the people will bail letters, because I think it is very im- result of that original program to bail out the airlines. The government, the portant to get it down to what this e- out poor farmers. The poor are not ben- people will distribute money to the mail hearing was trying to get to, ordi- efiting from the agricultural industrial farmers to keep the market healthy nary Americans suffering in this situa- complex at this point. The and to see to it they do not overflow tion, not the Beltway theoretician or agracorporations, the big agricultural with certain commodities and see to it politicians but ordinary Americans industry, benefits now. our exports. who deserve better. We struggled more than a year ago to For whatever reason, it is a govern- ‘‘Dear Congressman, I am a 49-year- bring down the amount of money that ment action, and I do not condemn all old flight attendant based in the JFK each agricultural corporation can get. government action. I think the com- New York area and a 28-year veteran Taxpayers should not give them any plexities of our civilization are such with United Airlines. If United Airlines more than $275,000 per year. We should that we need a mixture, but let us rec- is allowed to terminate our defined not give away any more than $275,000 a ognize and admit that it is a mixture. pension plan and the Public Benefits year. I think the House passed that. I Sometimes socialist principles need to Guarantee Corporation takes over, I was surprised to learn a few months be applied. will be losing over 50 percent, half, of ago that it was overridden by the Sen- Socialist principles involve central my promised benefits. The elimination ate, and then at a conference, we all planning. Central planning is necessary of our retirement plan will result in agreed, and the number is not now in order for the agriculture bills to my inability to maintain my family’s $275,000. work. Central planning is necessary in basic necessities in retirement. Agricultural corporations can get order to bail out the savings and loans. ‘‘The employees at United Airlines from the taxpayers of America up to Central planning is necessary to have a have already lost their savings from $340,000 a year; $340,000 in welfare. That Pension Benefit Guarantee Corpora- the ESOP program, 401(k) UAL stock is what it is, a subsidy from the gov- tion. There is some central planning Stock Investments, UAL Employee ernment, money from the government. that societies in this day and age need. Stock Purchase Program, and wages If you are going to call one subsidy But let us not fool ourselves. That is and benefit cuts that average between welfare, any subsidy from the govern- government coming to the aid of busi- 30 percent and 50 percent. Currently, ment is a welfare payment. ness, the private sector being helped we are barely making ends meet and I do not think welfare is a dirty greatly by the public sector, by the or- have lost much of our savings. Iron- word. But let us call it what it is. The dinary taxpayers. ically, our CEO, chief executive officer, only difference is that a family of four It is very interesting now, we have a of the corporation, Mr. Glenn Tilton, of in America right now can only get great deal to worry about China. China 2 years will retire with a $4.5 million about $7,000 a year, family of four on is an economic giant coming on so fast package. Please, please help stop this welfare, you know, children and one until it is beginning to worry even the assault on our lives, our families, and adult, really, because it is for mothers. capitalists who are making the most our airline. Help save our pensions and Aid to Families With Dependent Chil- money as a result of their relationship what is left of our dignity. Frank dren, and that means it has to be a sin- with China. We get cheap goods from Annunziata, East Meadow, New York.’’

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.211 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4285 Here is another statement from Ar- and they have no hope of future benefits and I could not have chosen a better part- thur Mount, a retiree living in Stony retirement. How cruel. ner for this effort than my colleague Brook, New York. Sincerely, from New Jersey. He is, first and fore- LEOLA ROBINSON, most, not a Republican or a Democrat. ‘‘In 2003, I retired from this once Bronx, New York. great company after almost 38 years of He is an American. We both agree with continuous service. I started with DEAR CONGRESSMAN MILLER: I know you Senator Arthur Vandenberg’s dictum, United in June of 1965 as a ramp serv- have been inundated by communications who said that partisanship should end iceman at JFK airport, and in April in from UAL employees and retirees concerning at the water’s edge. We are also dedi- 1967 became a pilot, finishing my ca- the termination of our pension funds. I cated to the ideal that, when acting would like to add my voice to protest this abroad, Republicans and Democrats are reer in April, 2003, as a captain. There termination of my pension. I flew for UAL are many things that I am concerned for thirty two plus years (retiring at 60 in joined together as Americans. about regarding a loss of my pension, August of 2002). My loyalty, labor and perse- We formed the Iran Study Group last but my biggest apprehension is in re- verance could not be questioned. Now, in re- year to carefully review the facts about gards to my wife. With the termination turn for my labors, I find that the company Iran, to make sure the U.S. govern- of my pension as proposed by the man- is attempting to greatly diminish the pen- ment is reviewing all of its policy op- agement of United Airlines, what sort sion that was promised by contracts and that tions and to push diplomacy towards a of life can she expect? Who will take I worked hard to obtain. Since there are al- successful conclusion. And I want to ternatives (e.g. freezing the pension) to ter- recognize my colleague from New Jer- care of her? Where will the money be mination that would be a better solution, for the things she will need? Is she to these avenues should be given time to ex- sey. end up as a financial burden to our plore. Mr. ANDREWS. Mr. Speaker, I appre- children? It has been said that a true Personally, should the plan be terminated, ciate this opportunity tonight. I want leader leads by example. Apparently I could see a reduction of 60–75 percent in my to thank my friend from Illinois for his the senior management of United Air- retirement income, with no potential to re- compliment. It is truly appreciated, lines does not hold to such a high place this income. This would necessitate and I know it is shared on my side that sale of our house and a drastic change in our standard. Their pensions are secure. I very much appreciate, Mr. Speaker, lifestyle. I am also aware that thousands of my work with my colleague from Illi- Somehow or another I cannot help but my fellow employees and retirees would suf- believe that if the pensions of this com- fer similar situations, many of them very nois. I also want to point out that he is pany’s senior management were to be drastic changes. But I also see further be- one of the Members here who simply treated exactly as they proposed mine yond that and foresee a domino effect where does not talk about his patriotism but to be, that another solution, other than other airlines (e.g. Delta, Northwest, Amer- he practices it. termination, would have been pro- ican) could seek the same relief; along with He is active reservist. He serves his posed. Arthur Mounts, retiree, Stony some of the larger national companies (Ford, country in uniform on a regular basis, GM). This would put an undue burden on the Brook, New York.’’ as do his brother and sister reservists. PBGC, necessitating a government bailout, I think he honors this institution and Mr. Speaker, I will also include in and a possible depression and recession. I this country by his service, and I thank the RECORD a letter from Leola Robin- don’t feel this is a house of cards, but a real son from the Bronx, New York and a and viable outcome. I strongly feel that our him for it. I appreciate the work we have done letter from James P. Lattimer from burdens should not be passed along to our in our Iran Study Group. The emphasis Bronxville, New York. children and grandchildren. I fully support you in your efforts and the is on the word ‘‘study.’’ We think the Mr. Speaker, I would like to close by efforts of Rep. Janice Schakowsky to spon- country faces a truly perilous situation saying it is the business of the Con- sor HR 2327 and my appreciation of your ac- with the prospect of the mullahs who gress to protect the American people tions cannot be measured. run the Iranian government obtaining Thank You. from these kinds of legal swindles and a nuclear weapon. We have devoted legal thefts. This is suffering that JAMES P. LATTIMER, Bronxville, New York. ourselves to analyzing how this prob- should not take place in the United lem came about and to carefully ana- f States of America in the year 2005. We lyzing how we might solve it. can do better. IRAN STUDY GROUP Our intention tonight is to have a We have bills that are being proposed The SPEAKER pro tempore (Mr. discussion of those solutions that which will make certain that no future MACK). Under the Speaker’s announced would be based on diplomacy, and I employees of other large corporations policy of January 4, 2005, the gen- look forward to having my friend from will have to suffer what the United Air- tleman from Illinois (Mr. KIRK) is rec- Illinois lead that discussion, and I will line people have suffered. We urge you ognized for 60 minutes as the designee join it so I can complement his points to participate if you have the oppor- of the majority leader. as to how we can solve this problem. tunity to participate in any future e- Mr. KIRK. Mr. Speaker, there are Mr. KIRK. Mr. Speaker, I thank the hearings and that we have your partici- key moments in the life of our country gentleman from New Jersey (Mr. AN- pation fully. in the course of this Congress when the DREWS). DEAR CONGRESSMAN MILLER: As a result of United States faces a path towards de- When we review the situation in Iran, the termination of my pension with UAL I mocracy or towards war. That choice we see a nation with a proud Persian will be the only one, and the first in my fam- may be approaching in the policies we language and a culture that now is ily, to not have a pension. I have been in the face regarding Iran’s development of under a religious regime that has a airline industry for 32 years working for Sat- nuclear weapons. very weak hold on the voters of its na- urn Airline in the 70’s, then Trans America, I, for one, choose diplomacy over con- tion. enduring with Seaboard and finally with flict; and I believe that the United Time and again old revolutionary Capital (dollar sign on the tail). With each airline I’ve had to support my daughter and States and our allies can achieve our leaders of Iran have lost elections to myself on a ‘‘Flight Attendant salary’’ which ends to the Iranian nuclear program reformers, but they keep power was never enough living in New York City. I without a shot being fired in anger. through the religious Guardian Coun- have survived under great duress. This should be our goal; and towards cil, Revolutionary Guards and the Ira- I finally came to UAL hoping to get some that end I join with my Democratic nian Intelligence Service. These ruling decent benefits and a retirement plan which colleague, the gentleman from New extremists have kept Iran as a pariah is the very least an employee should expect Jersey (Mr. ANDREWS), to form the bi- nation, unable to build lasting ties to after devoting time and giving loyalty to partisan House Iran Study Group. the West. this company. The mission of our group is to review While nearly everyone under 40 in Needless to say I am extremely dis- the situation in Iran, to measure the Iran favors good relations with the appointed at recent events in which UAL potential threat, to examine our mili- sought to dissolve the defined pension bene- West and even the United States, Iran’s fits. Now my future looks bleak. At my en- tary options, but most importantly to current Guardian Council maintains couragement, my daughter became a UAL find and promote diplomatic policies her isolation. Flight Attendant as well as her husband and that advance our security interests Now, all U.S. Presidents, Republican they now cannot support their family of five without a resort to arms. and Democrat, since 1979 have certified

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.212 H08PT1 H4286 CONGRESSIONAL RECORD — HOUSE June 8, 2005 that Iran is a state sponsor of ter- cating uranium enrichment at that about it. What is not in controversy is rorism, that Hezbollah would collapse task; and the Arak heavy water pro- that the Iranians actively pursued a in the Middle East without the direct duction facility gives Iran a clear path nuclear weapons program and that support of Iran’s intelligence service, towards the refinement of products they actively deceived the rest of the the MOIS. And under the Guardian which would become the center of a nu- world about that pursuit for a quarter Council, Iran took a clear turn towards clear weapon. of a century. nuclear weapons despite her status as a This was just not according to the Mr. KIRK. Mr. Speaker, I thank my signatory to the nuclear non-prolifera- exile group. After 2 years of extensive friend and I want to emphasize his tion treaty. inspections by the United Nations point that the violations we are talk- Mr. Speaker, I yield to the gentleman International Atomic Energy Agency, ing about were not based on faulty in- from New Jersey (Mr. ANDREWS). they reported that Iran had undeclared telligence from the U.S. CIA. These Mr. ANDREWS. Mr. Speaker, I want centrifuge atomic vapor, a laser iso- violations that we are talking about to explicate the nature of the regime of tope separation, a molecular laser iso- are documented in formal, open reports which he speaks. This Congress and our tope separation and plutonium separa- by the United Nations international Presidents of both parties did not tion activities, all in direct violation of staff under Dr. Mohamed ElBaradei of choose the terrorists label lightly. Iran’s formal obligations under the nu- the IAEA. Inspections through June of This is a regime which has its ante- clear non-proliferation treaty and the 2003 showed many reporting failures by cedent roots in the holding of Amer- safeguards agreement. Iran; and by mid-year, Iran admitted to ican diplomats hostage for 444 days, an I yield to my colleague on these enriching uranium, purification, re- image which we will not soon forget. It points. processing and later admitted to the is a regime where people are impris- Mr. ANDREWS. Mr. Speaker, I again United Nations of losing nuclear mate- oned and tortured for dancing at wed- thank my friend. It is important to rial that had been covered by her U.N. ding celebrations. It is a regime in note that we have nearly a quarter cen- safeguards agreement. which women who express their points tury of active deception from the Ira- Iran built a centrifuge enrichment of view are brutalized, assaulted and nian regime on this point. plant at Natanz with 1,000 rotors and tortured in Iranian prisons. And per- As recently as 4 years ago, 3 years started construction at another facil- haps the most striking piece of evi- ago, in international forums, the rep- ity with 50,000 rotors. Iran first dence as to the real nature of this re- resentatives of this government were claimed that it had not enriched ura- gime is found in the run-up to the elec- actively denying that they were in pur- nium at all, and the IAEA reported tions which are going to be held in Iran suit of a nuclear weapon. For nearly a then that it had found contaminations on the 17th of June, in 9 days. quarter century, we were told by the of enriched uranium at the Kalaye 1,014 people registered to be part of Iranian regime that activities which Electric Company, at one place, of 36 that election, to be on the ballot for appear to be nuclear in nature were for percent enriched uranium; at another, this election, and the ruling council a domestic energy program. 54 percent on imported components; that the gentleman from Illinois (Mr. Now, one must find it curious that a and at another, 70 percent enriched KIRK) made reference to under the Ira- nation that is sitting on one of the uranium inside its workshop. Until nian system has the right to chose who largest supplies of crude oil in the these discoveries by the U.N., Iran had goes on the ballot and who does not. world, that is an exporter to the only admitted to enriching uranium I say this again. If you want to run States, whose main export is crude, once to a level of 7 percent. for office, you file your nominating pe- would find the need for a nuclear en- After the A.Q. Khan network was ex- titions, and then a ruling council de- ergy program. That alone is a rather posed in Libya, Iran also admitted to cides whether or not you are worthy to curious proposition; but putting that using advanced rotors of Pakistani de- be on the ballot. Of the 1,014 persons aside, we had a quarter century of de- sign to enrich uranium. It also admit- who filed to be on the ballot on the ception until, as the gentleman from ted in May 2004 that it had separated June 17 election in Iran, six of them Illinois (Mr. KIRK) says, in 2002 resist- plutonium in much larger amounts were permitted to be on the ballot by ance leaders blew the whistle about the than previously reported. the ruling council, six people out of facilities at Arak and Natanz. All of these actions point to a con- 1,014 people. I want to be very clear, Mr. Speaker, tinuing effort by Iran to develop nu- that there has been controversy in this clear materials beyond an enrichment 2145 b Chamber about the existence of weap- level ever needed for civilian power, This is not a regime that can have a ons of mass destruction and ideological giving us and the United Nations clear nuclear weapon. We have to start this views coloring that discussion. There is and convincing evidence that it is dedi- discussion from the proposition that it no ideological dispute here. There is cated to the production of a nuclear is unacceptable for a regime of this factual understanding by the French, weapon in violation of its commitment dark nature to have a nuclear weapon. by the Germans, by the British, by the under the non-proliferation treaty at Mr. KIRK. Mr. Speaker, I would EU, by the U.N., by every objective the U.N. agree. Iran had grand ambitions under party in this case. It is not in factual Now, Iran also has backed up its pub- the Shah who planned to build 29 nu- dispute that there is a nuclear program lic statements with policy and an- clear reactors. His plans and those of going on in Iran. nounced just last month enacting legis- his successors are ironic given Iran’s Since the disclosures that became lation requiring the Iranian Govern- location atop one of the largest re- public in December of 2002, as the gen- ment to develop nuclear technology, serves of oil that emerged from the tleman from Illinois (Mr. KIRK) just including enrichment of uranium, but ground at less than a cost of $2 a bar- said, we had a 2-year process of inspec- this is not just the only part of the rel. With the fall of the Shah, Iran’s tions under the jurisdiction of the threat. nuclear ambitions were cut back but IAEA of the United Nations, and they Iran not only has a nuclear program; then revived with the help of Russia. confirmed the existence of plutonium, it also has an aggressive missile devel- Based at Bushehr, the Russian nuclear or rather of uranium, enrichment fa- opment program, based on a North Ko- reactor project gives Iran a clear path cilities. They confirmed the equipment rean missile, the No Dong, which the to the production of plutonium despite and the infrastructure necessary to Iranians call the Shahab 3. Russia’s assertions otherwise. make the other parts of a reactor, in- Iran’s missile program brings many Until 2002, we had strong suspicions cluding a centrifuge, that would lead key U.S. facilities and friends into about Iran, but no clear allegations up to the construction of a nuclear range, especially Israel. This is a pic- that she had violated her solemn com- weapon. ture of the latest Shahab 3 missile, al- mitment to the United Nations under So we want to be very clear tonight most 98 percent North Korean; and the non-proliferation treaty; but then that what is in controversy is what will when you look at the range of these an exile group, the National Council happen next with respect to develop- systems, you see that U.S. facilities For Resistance of Iran, exposed clear, ment of this Iranian program. What is like the Fifth Fleet, or our allies in undeclared nuclear activities, indi- in controversy is what we ought to do Israel, come clearly into range.

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.213 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4287 When we look at this, we have a real Aviv would arrive just 11 minutes after b 2200 danger now, nuclear weapons and mis- lift off, putting the Middle East on a They are not easily penetrated or siles to promptly deliver them that hair trigger. perhaps not penetrable at all by an air represent a long-term threat to the Given all of this, the United Nations’ assault. As the gentleman from Illinois Jewish State. reports of violations, Iran’s record of (Mr. KIRK) has pointed out, in addition I yield to my colleague from New terror, nuclear and missile develop- to the dubious prospects of success as a Jersey. ments, all reported not by the CIA or military proposition, there would be Mr. ANDREWS. Mr. Speaker, I thank MI6, but by the United Nations, what the unbelievable fallout of probably the gentleman for yielding. should we do? unifying the Iranian population This is truly a toxic combination of a Some say that we should let Iran against us and our Israeli allies and dishonest regime that has actively de- have nuclear weapons, that we cannot forfeiting what I believe is the best ceived the rest of the world for a quar- stop technology, that we should not be hope for a peaceful solution to this ter century, the most lethal and deadly able to classify the laws of physics, and problem which would be voluntary, in- weapons known to man, and the ability so Iran will get nuclear weapons; but if digenous change led by progressive to use those weapons both in a conven- we acquiesce to this, then this policy young Iranians who want to live in a tional and unconventional sense. would commit us to a vast and expen- country where they can speak and wor- As the gentleman from Illinois’ (Mr. sive course of building missile defenses ship and vote and live as they choose. KIRK) map shows very clearly, Iran to- to protect our allies. While the Middle Running the risk of offending and night has the ballistic capability, has East would descend into a tense hair alienating that block of forward-look- the ability to fire a missile that could trigger peace, one irrational leader, ing young Iranians would be a risk I do cause nuclear havoc to U.S. troops in one miscalculation and millions could not believe we should bear. Iraq, in Kuwait, could cause the de- die in a nuclear Jihad. As the gentleman from Illinois (Mr. struction of America’s great friend in It would also put nuclear weapons in KIRK) suggests, we need to resist the Israel. This is a real and present dan- the hands of the Guardian Council, the temptation of saying that the Israelis ger, but beyond the conventional dan- same council that Presidents Carter can once again take care of this prob- ger is the asymmetric unconventional and Reagan and Bush and Clinton and lem as they did in 1981, because I do danger of the unconventional use of a Bush all certified were the number one not think the record shows that. What nuclear weapon in an unconventional supporters of state terror, the men and we need to do is devise a robust, effec- way: in a suitcase, in a rental truck, on women who funded operations like the tive plan to sanction and leverage the a container being shipped into a port of gentleman said who would put a suit- Iranians toward a path of peace, rather the United States. case or a car bomb in a Western city. than a path of development of nuclear The risk that we are discussing to- I think we can do better. Some might weapons. night is not only the risk that one of say if this is so bad, then let Israel re- There is a sincere attempt led by the the missiles that the gentleman from move this threat by military means. In British and the Germans and the Illinois (Mr. KIRK) just described would fact, in 1981 Israel destroyed Iraq’s French to reach such a result. Most re- rain down on U.S. troops in the Middle path to plutonium when it bombed the cently, that attempt has resulted in an East or on our friends in Israel or in a Osiraq reactor; but when we look at agreement in November of 2004 which friendly Arab state; the risk is that Israel and a potential attack on Iran, calls for the suspension of the Iranian this risk could manifest itself in Times we see a vastly complicated operation enrichment program by the Iranians, Square or in the Nation’s capitol of great cost and a chance of failure. At an active inspection program by the through the use of a nuclear weapon in best, such an operation could set back United Nations, and then the extension an unconventional way. A toxic com- Iran for a few years. At worst, it would of economic incentives so the Iranian bination of a Jihadist regime, a 25-year enrage an enemy who would then use economy may grow and prosper as a re- record of deception, and the possession all of the means at her disposal to at- sult of that proposition. There is hope of this lethal technology is something tack the Jewish homeland. that that will succeed. I hope it will we simply cannot countenance. An attack by Israel on Iran would succeed. I know the gentleman from Il- Now there have been efforts, intense also destroy what is our greatest long- linois (Mr. KIRK) does as well. efforts over the last 18 months or so to term asset in Iran, her young people, But the record must also show that address this problem. I know that the her young people who overwhelmingly since November of 2004 there have been gentleman from Illinois (Mr. KIRK) is report that they support better rela- at least three very serious problems re- going to outline them, and we are tions with America. ported with respect to compliance with going to talk about how we support the I think we can do better. We can the agreement. According to the IAEA, intent of those efforts, how we are stand between appeasement under an that is the United Nations arms inspec- working through our working group to Iranian nuclear trigger or an attack tion regime, Iran has limited IAEA ac- try to buttress the efforts, but how we against Iran. What could America do? cess to two secret Iranian military believe that our country must be pre- Mr. Speaker, I yield to my colleague sites, including a large complex at pared both in the eventuality of the from New Jersey. Parchin where suspected nuclear access success of the negotiations or the fail- Mr. ANDREWS. Mr. Speaker, I thank may be taking place. Only two. The ure of the negotiations in order to pro- my colleague for yielding. IAEA inspectors visited the site in Jan- tect ourselves. I certainly share the view that the uary of 2005, but Iran has not allowed Mr. KIRK. Mr. Speaker, I point out Israelis did peace-loving people around visits subsequently. So they have al- the record of Iran is already clear in the world a huge favor in 1981 when ready begun to shut down the inspec- the late 1980s and early 1990s when she they took out Saddam Hussein’s nu- tions. used chemical weapons and fired sev- clear reactor program. The first Gulf Secondly, Iran is also alleged to have eral hundred missiles in her war with War in 1991 and the recent hostilities withheld information and conducted Iraq. which endure to today would have maintenance and other work on cen- Now, the U.S. and Israel, they are al- looked very different and much worse trifuge equipment and uranium conver- ready spending hundreds of millions of had Saddam been able to proceed with sion activities. So there is centrifuge dollars building a defense system that program. work continuing even though the offi- against incoming Iranian missiles. If It is tempting to exercise the so- cial posture of the Iranian government Iran’s nuclear and missile programs go called Israeli option this time, to con- is they have suspended nuclear weap- further, then the United States and done an action by the Israelis that ons activities. Israel will have to commit hundreds of would solve this problem. It is tempt- Finally, Iran is also beginning con- millions of more dollars to make sure ing, but it is illusory because the na- struction of a heavy water research re- that our allies in the Jewish State are ture of this program is literally sub- actor which could well be suited to plu- able to resist incoming Iranian weap- terranean. Much of the developmental tonium production, and I would note ons. I will note that a missile fired activity of the Iranian nuclear program for the record that discussions between from Iran, aimed, for example, at Tel- is underneath the Earth. our European allies and the Iranians do

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.215 H08PT1 H4288 CONGRESSIONAL RECORD — HOUSE June 8, 2005 not cover plutonium development of a What could those sanctions look world but import gasoline. Think about weapon, they cover uranium enrich- like? We could do small things like that. A country that is literally awash ment. There are two major pathways outlaw Iran’s participation in the in the basic stuff that gasoline is made to achieve a nuclear weapon. One is Football Soccer World Cup. We could of cannot produce its own gasoline. Es- based on uranium, and one is based on also ban airline flights in and out of timates go as high as 40 percent of the plutonium. Even in its best day, this Iran. We could block travel of anyone gasoline consumed by Iranian con- agreement is not addressing pluto- in the Iranian government outside her sumers is imported from other coun- nium. borders. We could impose comprehen- tries. So to answer the gentleman’s ques- sive sanctions that would shrink Iran’s Now another measure of the impor- tion directly, what should we do, we economy. All of these means have been tance of what the gentleman from Illi- should anticipate what would happen if authorized by the U.N. Security Coun- nois (Mr. KIRK) is saying is this. Today this agreement does not succeed, and cil against other countries and could be when a citizen of Tehran fills up his or we would define success as the aban- authorized by the United Nations her tank of gas, they pay 40 cents a gal- donment of the nuclear weapons devel- against Iran if she says no to the Euro- lon. I wish I could go home and tell my opment program by the Iranians fol- pean Union. constituents they were going to fill up lowed by a transparent inspection re- But what if one member of the Secu- their gas tanks for 40 cents a gallon. gime so the rest of the world could rity Council vetoes action against Obviously, it costs a lot more to verify that it has not yet been re- Iran? Russia could veto action against produce gasoline than 40 cents a gallon started. Iran. She is, in fact, building a reactor in Iran, but this is such a sensitive In order to do that, the gentleman in Iran. China also has extensive and issue for the population of the country from Illinois (Mr. KIRK) and I believe, growing relations with Iran. They that the Iranian parliament has voted, and I think Democrats and Republicans could also veto action. and as a matter of fact in January of can come together and believe, that a Some have talked about an oil quar- this year the Iranian parliament voted robust and effective program of eco- antine against Iran. In fact, 20 percent to freeze domestic prices for gasoline nomic sanctions is what we need. I of Iran’s income is dependent on oil and other fuels at 2003 levels. know the gentleman from Illinois (Mr. sales. An oil quarantine would implode Why did they do that? They did it be- KIRK) has worked on one particular Iran’s economy, but it would also hurt cause it would be so disruptive to the idea which I think has very strong our economy. The mullahs have threat- society and the economy to have a merit and ask the gentleman to outline ened, if their sales were stopped, oil on price shock that would reflect the true that. the world market could hit $100 a bar- cost of a gallon of gasoline. If such a Mr. KIRK. Mr. Speaker, the gen- rel. That would hurt us. It would also disruption occurred, it would shake the tleman from New Jersey (Mr. AN- hurt our allies in Japan and in Europe. control, the iron grip the autocrats DREWS) and I support diplomacy with Are there other options available? In have over this country. They have teeth. Over the last 18 months, the Iran our bipartisan work in the Congres- identified their own weakness by freez- Study Group has met with our allies, sional Iran Study Group, we found that ing the price of domestic gasoline. the U.K., Germany and France, and What the gentleman from Illinois Iran has a unique vulnerability, one they have formed the EU–3 group to (Mr. KIRK) is suggesting is a surgical that opens a new window of diplomacy bring Iran back from the brink of an sanction. We are going to be I believe that could help us achieve all of our ob- unstable and expensive nuclear arms going to the U.N. Security Council in jectives without a shot being fired, and race. this calendar year. That is my pre- here is the vulnerability she has. De- The essence of the EU–3 offer is to diction. The gentleman from Illinois spite being a leading member of OPEC provide Iran with a set of carrots, spare (Mr. KIRK) may not share that, but as and one of the largest oil producers in parts for civilian aircraft, membership I see things unfolding. On June 6, Mon- the world, Iran is heavily dependent on in the WTO, access to loans, all if Iran day, the Iranians once again said they provides international guarantees and foreign gasoline for her economic would voluntarily suspend their ura- inspections to end the development of progress. In fact, one-third of all Ira- nium enrichment program until more nuclear weapons. The EU–3’s goal is nian gasoline must be imported from talks ensued with the Europeans. not quite as idealistic as it may sound. overseas. The election I made reference to ear- South Africa, Argentina, Brazil and Iran’s director of planning at the Na- lier, the one where 98 percent of the Ukraine all gave up nuclear weapons tional Iranian Oil Derivative Distribu- candidates or more were expelled from programs, and recently so did Libya. tion Company reported that Iran uses the ballot, if we can call that an elec- Iran can, too, if we can find the right 67 million liters of gasoline. Only 39 tion, will take place on June 17. The mix of diplomatic incentives and dis- million liters can be produced in Iran. talks will resume at some point in Ge- incentives for them. Policies to expand oil refining capacity neva shortly after June 17. I find the current U.S. policy debate in Iran could in no way meet the de- I truly believe, given the track on Iran is too simplistic. It is just two- mand; and in fact in Tehran they regu- record we have seen thus far, that a re- dimensional: Either let Iran have the larly debate rationing gasoline, iron- ferral to the U.N. Security Council is bomb, putting the Middle East under a ically in a country that is a leading very near. We have seen after a dozen nuclear hair trigger, or let Israel do it OPEC nation. years of frustration with Iraqi sanc- and have another war. So we have this lever, a potential tions that the U.N. Security Council President Kennedy faced a similar di- gasoline quarantine on Iran, a quar- taking a vote does not do a lot in and lemma looking at Cuba, but he broke antine which would not affect inter- of itself. They took a lot of votes out of the intellectual box that some national oil markets but would heavily against Saddam Hussein over the would have him in to either let the Cu- affect just Iran alone. And if this pol- course of a dozen years, but people still bans have nuclear weapons or invade. icy was discussed, it could give a huge suffered and died and nothing really He thought of a new policy, a quar- impetus to the European Union effort changed. antine, which allowed us to resolve the which my colleague, the gentleman The key question if, and I think Cuban missile crisis without a shot from New Jersey (Mr. ANDREWS), and I when, we reach the point of the U.N. being fired. both think offers the best chance for Security Council, is what are we going Are there policies which we can em- working our way out of this threat to be asking for? Simply passing a res- ploy which will help the European without anyone being hurt. olution that condemns the Iranians for Union succeed? I think there are. We Mr. Speaker, I yield to the gen- deceiving the rest of the world, vio- all know this matter could be referred tleman. lating their responsibilities under the to the United Nations Security Coun- Mr. ANDREWS. Mr. Speaker, gaso- nonproliferation treaty and continuing cil. We know, using its broad powers line is the Achilles’ heel of the Iranian with the development of a nuclear under Chapter 7 of the U.N. charter, autocrats. They have presided over weapon is not going to do it. It is going the Security Council could impose such a dysfunctional country that they to take a meaningful sanction. sanctions, putting enormous pressure are in a situation where they sell crude The gentleman from Illinois (Mr. on Iran and isolate her completely. oil in huge amounts to the rest of the KIRK) has laid out a very meaningful

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.217 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4289 sanction. He has wisely avoided the Mr. KIRK. When we look at Iran, we action. We think that Iran is quickly stick-your-head-in-the-sand approach have got an election coming up, not moving towards a nuclear capability of saying, if they have a few weapons, only just six candidates, they just and, if the Guardian Council gets their so what, they are a small country. I added two more, but there is a key way, could bring about a Middle East fear we would find out the ‘‘so what’’ choice for the Iranian nation and the on a nuclear hair trigger. I think we would be very soon. government to make, whether to pur- can do much better. I think pitting our He has also avoided the risk to rush sue this nuclear weapons program, strength against their weakness, we headlong into a military solution to against the wishes of France, against can resolve this in a way that everyone this problem. Military action should the wishes of the United Kingdom, is much more secure. never be taken off the table, never, but against the wishes of Germany and the I thank my colleague. I also want to they should never be the first instinct United Nations, the IAEA and the for- conclude by saying this, before I hand or the first option. I believe what the mal commitments of Iran under the it over to him. We have had this debate gentleman from Illinois (Mr. KIRK) has nuclear nonproliferation path, or to on this floor as two colleagues from outlined makes eminent sense, given join the community of nations and different parties working together in a the internal politics of Iran. build a growing economy in Central bipartisan fashion. We have worked Asia, at peace with her neighbors, of- b 2215 through the problem. We have met fering economic opportunity to her with ambassadors, with officials from If Iran could only consume the gaso- families. the State Department, with our Israeli line that she produces domestically, But if she chooses the path of nuclear allies and reviewed carefully all of the one of two things would happen and weapons and confrontation with the options. I think on a bipartisan level they are both very disruptive to the re- European Union, we do not have to re- when you work through all of these op- gime. The first is that they would have sort, in my judgment, to any military tions and you listen to our allies and to heavily subsidize the production means. We could impose a gasoline you listen to the experts, you will that they already have internally; they quarantine on Iran that would quickly come to about where we are, a chance would have to ration what people can implode her economy. This gasoline for a peaceful resolution of this that use to hold the price down; and they quarantine on Iran could be imposed by enhances security on a bipartisan would have to give up something else. a coalition of the willing naval powers. basis. I think that represents the best Either food prices would rise, housing But when you look at the position of traditions of this House, especially in prices would rise, other energy prices anyone trying to import gasoline into our foreign policy where we set par- would rise and the standard of living of Iran under an order of quarantine, you tisan differences aside. the average Iranian would drop rather would find quickly that it would make I yield to conclude to my colleague precipitously. no economic sense to try to run that from New Jersey. The other option would be to let the quarantine. In fact, in my judgment, Mr. ANDREWS. I thank my friend. It price of gasoline rise to meet the mar- working with our British allies, is characteristic of the gentleman from ket curve of supply and demand, which Lloyd’s of London likely would pull the Illinois that he is a creative thinker I believe would cause chaos in that so- insurance contracts for nearly all of and someone who wants to problem- ciety. I believe that the hundreds and the tankers attempting to service the solve rather than score political points. thousands of young Iranians who have Iranian market. Working with him has been a terrific taken to the streets in recent years And working with our allies in the experience and one that I look forward want a change, and if the grip that gulf who largely supply Iran’s need for to continuing on this and other ven- their rulers have is weakened by the gasoline, they could by bilateral action tures. plan that has been set forth here, so be simply abrogate contracts with Iran, I think there is broad consensus in it. making this quarantine fairly simple this House and in this country between The gentleman from Illinois said a to operate and administer. The effect the two parties on two points. The first few minutes ago about optimism, and of this would be heavily on Iran, would is that there is a real and present he talked about Ukraine and about put a number of people out of work, threat to our survival in the form of Is- Libya and other countries giving up and with those thousands unemployed, lamic jihadist terror. September 11 is nuclear weapons. Another source of op- then asking their government, why are the most dramatic example, but there timism I would daresay is this: If one we embracing a policy of confronta- are others. I think there are scarcely went back and researched speeches tion, violating treaty commitments of any people who believe that is not a made on this floor in 1985, if Members our government and throwing me and very serious threat. had stood and said, you know, within 6 my family out of work instead of going Mr. KIRK. Did you lose constituents years, millions of people in the Warsaw the direction that most people under on September 11? Pact countries are going to rise up and the age of 40 would like to go in Iran, Mr. ANDREWS. Of course I did. And make changes within their countries and that is embracing the West and lost people I knew personally. I think without a violent revolution by simply having positive direction. virtually everyone in New Jersey did in demanding that change occur, they I think this is diplomacy with teeth. some way. would have been hooted off this floor as This is a way to break out of the intel- The second point of consensus is that being hopelessly naive and unaware of lectual box of either surrendering to an America should always first use its the way things really were. Iranian nuclear program run by a gov- economic and diplomatic and spiritual I am not suggesting that Iran is like ernment who has the most extensive creativity to work with our friends and the Eastern European countries. I terror connections in the world or hav- solve problems. No one here wants to know the religion is different, the his- ing some sort of war break out in the rush to military conflict. And when we tory is different, the culture is dif- Middle East between our Israeli allies do get in military conflict, that is ferent. But I truly believe that human and Iran. I for one think that we should when it can be divisive and, frankly, nature is not different. And I think embrace a creative diplomatic posture should be, that we should have vig- that our 25-year-old students that we that supports the European Union, that orous debate. What I like so much hear from in Tehran want the same increases their likelihood of success about the gentleman from Illinois’ idea thing that our constituents want and and makes the Iranian government is that it fully employs the diplomatic the same thing those brave Poles and want to embrace a verifiable inspection and economic creativity of our coun- Czechs and Germans and Ukrainians regime that follows the path of try, and I think it does rise to a spir- and Russians wanted, which is to live Ukraine, that follows the path of itual level of what our relationship will freely. And if we send a message that Libya, that follows the path of Brazil be with our friends in Iran for years to we will stand by them, I believe that and Argentina and South Africa and come. This is a surgical sanction that they will be emboldened to try. And I embraces a non-nuclear future. uses the might of our private sector. think that the gentleman from Illinois’ For us, this is tense times ahead. My The gentleman from Illinois made idea is not only an effective sanction colleague talked about reference to the reference to the insurance sector. It is but it is that powerful message. U.N. Security Council and any further very true that the insurance industry

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.218 H08PT1 H4290 CONGRESSIONAL RECORD — HOUSE June 8, 2005 is very unlikely to insure vessels that is recognized for half of the remaining b 2230 would run afoul of a quarantine of gas- time until midnight. Why are the jobs associated with the oline. And if the insurers will not in- Mr. INSLEE. Mr. Speaker, I come to production of wind turbine technology sure the cargo, the cargo does not flow. the floor tonight both to talk about a which is actually the fastest-growing If the cargo does not flow, you do not serious challenge of our country and energy source in the United States, need a naval quarantine. Frankly, the some very optimistic news in that why are those jobs going to Denmark? economics work in that advantage. challenge. The challenge is to adopt an Those jobs ought to be here. Why are Secondly, this is a recognition that energy policy that will really be up to the jobs associated with the solar cell we want to share in the success of our the problems we today face; and the op- industry going to Germany? Those jobs European friends. They deserve credit timistic news is that tomorrow with 15 need to be in the United States. for bringing us to a point where the of my colleagues, I will introduce the The New Apollo Energy Project will Iranians are at least taking the posi- New Apollo Energy Project. The New seize on the basic can-do spirit of tion that they want to suspend this Apollo Energy Project is a project that America to grow our homegrown tech- program. They deserve credit for say- will really create a vision for this nologies to bring those high-tech jobs ing they are ready to go to the Secu- country’s energy future that is up to and manufacturing jobs and construc- rity Council, our British and French the technological prowess of this coun- tion jobs. We need to lay a lot of steel and German friends, should that need try, that recognizes our can-do spirit, and copper to wire this country for the become evident. So this is an extension that recognizes the three challenges new sources of technologies that we that I will talk about tonight, and will of a friendship with our allies in West- need. Those jobs need to be in the step up to the plate and solve those ern Europe, and it is a way to build on United States of America. As I will challenges. And it is about time for the the success that they have had without talk about in a little more detail, the New Apollo Energy Project because, in- resorting to armed conflict but by New Apollo Energy project will address deed, we have challenges. using the creative, economic and diplo- The New Apollo Energy Project of that problem by growing over 3 million matic tools at our disposal. the bill we will introduce tomorrow jobs in the next 6 years in this country Finally, I would say spiritually, I do will face three distinct challenges that associated with these new energy re- not doubt that someday, my daughters we have in this country. It will face sources and efficiency systems. So, first, we have a security concern. are 12 and 10, Jackie and Josie, and I them head-on, and it will solve them. think someday they will go to Iran. I The first challenge that we face is Second, we have a jobs concern. And want them to go to Iran as exchange somewhat related to the problems in the third concern is a global one, and students or as performers or as ath- the Mideast, the oil-producing region that is the challenge of global warm- letes or as people to visit friends that of the world that my colleagues were ing. As we know from the National they have met in college or graduate just talking about for the last hour. We Academy of Sciences today, which school. I do not want them to go there know on a bipartisan basis that it is came out with another report, another as soldiers. We cannot ignore the re- unhealthy for our personal national se- nail in the coffin of those who urged to ality that a jihadist despotic regime is curity; it is unhealthy for our ability take no action based on global warm- trying to get a nuclear weapon, and we to advance the cause of democracy, to ing, it is a fact. Arguing it would be cannot ignore the high probability be addicted to oil from the Mideast. It like arguing gravity at this point. they will use it in ways that will ter- is unhealthy for any party who is in There are uncertainties of how signifi- rify the world. But understanding of control of the White House. It is cant it will be, but we need to step up that threat does not imply a rush to unhealthy for us across this country to to the plate and address global warm- military action. Instead, it implies a have to make judgments about our for- ing, and the New Apollo Energy thoughtful, constructive plan such as eign policy based on the politics, for in- Project is the most ambitious bill that the gentleman from Illinois has laid stance, of the Saudi royal house. has ever been introduced in this House out. Our addiction to Middle Eastern oil to deal with that issue in ways that we It is our intention to introduce a res- has cost this country dearly, and we will address. olution that lays out the ideas behind must break that addiction. As I will So this New Apollo Energy Project the gentleman from Illinois’ discussion talk about later, there is one way to do will address three problems: A security tonight. We want to persuade both it and that is to adopt new techno- problem associated with our addiction Democratic and Republican colleagues logical fixes to wean ourselves off of oil to Middle Eastern oil; a jobs problem and the administration to be sup- so that this country can experience a associated with the loss of jobs going portive of this idea. We want to show new burst of democracy and spread it overseas due to other countries being that it is a reflection of our partner- around the world, not afflicted and advanced and getting ahead of us in ship with our Western European allies. shackled to this pernicious addiction this game; and, third, the need for our And we want it to succeed. It is my to Middle Eastern oil. The New Apollo Nation to stop global warming. Rarely hope that it is never necessary, that Energy Project, I am happy to say, we do we have a trifecta in one bill that the mere fact that this is being dis- will introduce it tomorrow, and it will will address three separate issues. But cussed will embolden progressive, free- take, I believe, the strongest, boldest, this needs to be done. dom-loving Iranians to take matters most ambitious step that this Congress The reason we define our bill as the into their own hands. But I think it is has seen to try to deal with that prob- New Apollo Energy Project is it draws going to take more than that. And I lem. some inspiration from John Kennedy, think that the idea the gentleman from The second problem: we are losing who stood behind me here May 9, 1961, Illinois has sketched out is one that manufacturing jobs in this country by and said that America was going to put will work. It is pragmatic, it represents the thousands. We had a 14 percent re- a man on the Moon in 10 years and our best tools and values, and I look duction in manufacturing just in the bring him back safely. When he chal- forward to supporting it. last several years, since this last Presi- lenged America to do that, it was a Mr. KIRK. I thank the gentleman and dent took office. That is unconscion- very audacious, bold challenge. We had look forward to working with him and able. We need to adopt a new high-tech, not even invented Tang yet. Rockets advancing this. We will be introducing new energy vision in this country that were blowing up on the launch pad. our resolution next week. will make sure that the jobs associated Many thought Kennedy had really en- f with the efficient use of energy and the gaged in a hallucinatory plan. But Ken- new production of energy are grown nedy recognized something that we ANNOUNCING INTRODUCTION OF here in the United States. It is a sad should now recognize, which is that THE NEW APOLLO ENERGY commentary that the most fuel-effi- Americans, when they are challenged PROJECT cient cars now are being built in Japan. to invent new responses to problems we The SPEAKER pro tempore (Mr. The jobs of the future, building fuel-ef- have, Americans come through. MACK). Under the Speaker’s announced ficient cars, need to be in the United In my district, we understand the policy of January 4, 2005, the gen- States of America. Those jobs need to power of innovation. Boeing Company, tleman from Washington (Mr. INSLEE) be here. I represent the area north of Seattle,

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.220 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4291 where we are going to build the most be funded at a level proportionate with ber 4, 2001; November 12, 2001. It shows fuel-efficient jet in the world, the Boe- other priorities for the defense our Na- a breakup of the ice coming down into ing 787. It is going to have 20 percent tion. They look at this as a defense the Antarctic. This piece of ice here is more fuel efficiency. It is going to be issue, as does our New Apollo Energy roughly 26 miles long and 11 miles one of the most comfortable jets ever. Project. They said the Federal Govern- wide. That is a substantial piece of the I am looking forward to riding in it. ment should consider mandating sub- Antarctic breaking off, and this phe- That is the power of innovation. stantial incorporation of hybrids, plug- nomenon we have now seen in substan- My district includes the Microsoft in hybrids, and flexible fuel vehicles tial places across the Antarctic. campus. We understand the power of into Federal, State, municipal, and Now, obviously, one piece of ice does innovation. America has the greatest other government fleets. not the puzzle make, but what we are innovators the world has ever seen, and The New Apollo Energy Project that seeing now is these things with our now it is time to harken back to the we will introduce tomorrow does these own eyes. This is not a hypothetical Kennedy spirit of putting a man on the things and much more because it rec- issue. Moon, to say we need to adopt a new ognizes the security threat to the If one travels to the Glacier National energy policy that is equally ambitious United States that these security offi- Park, they may say, where did the gla- and equally optimistic, and this is a cials recognize and it takes action ciers go? They melted. If they travel to very optimistic plan. today. Alaska and they see some buckled If I can, I would like to say that we Now I would like to, if I can, talk housing, it is because the tundra is have good news, too. We are developing about the threat of global warming. melting. If one goes to Denali National a more bipartisan, I think, and across That is one of the reasons we need to Park and ask why trees have moved up, the ideological spectrum viewpoint take action associated with the New it is because the weather is getting that we have to deal with these issues: Apollo Energy Project. There are some warmer. We see this with our own eyes. security, jobs, and global climate very interesting things that happened The reason this has happened is be- change. this week on the front of new energy. cause of carbon dioxide. I want to address the security issue. The National Academy of Sciences es- I actually stumbled across a pretty I happen to be a Democrat, but this is sentially yesterday came out with a re- amazing chart today, disturbing and not just a Democratic issue. I am very port which concluded, as have the amazing. What this chart shows is the interested in a letter sent to President International Panel of Sciences pre- carbon dioxide and temperature levels George Bush on May 24, 2005, signed by viously studying this effort, that the going back from today, which starts a whole host of past Cabinet officers in earth is warming. A substantial por- here at zero, going backwards 400,000 Republican administrations and Demo- tion of that is caused by human activ- years. So, basically, this chart shows cratic administrations, people who ity, that warming will occur even if we carbon dioxide and temperature levels have been involved in the security stop today because the carbon dioxide over the last 400,000 years. challenges of the United States: Robert that causes global warming stays in Scientists know this because they McFarland; James Woolsey, former of- the atmosphere for decades, and called find trapped particles of air, air bub- ficial in the Bush and Clinton adminis- for action now, not 10 years from now, bles essentially in glacier ice going trations, former chief of the CIA; C. to deal with this threat. This is the Na- back during that period; and they can Boyden Gray, former chief of the Agen- tional Academy of Sciences, one of the analyze the air to determine both the cy in the Bush administration; Admiral most nonpartisan, prestigious groups carbon dioxide in these bubbles when William Crowe, U.S. Navy retired; Hon- in America. It joined other academies they were trapped 400,000 years ago and orable David Oliver, former Principal across the world actually yesterday in the temperature by looking at the iso- Deputy Under Secretary of Defense. A issuing this manifesto. topes of oxygen and the concentration whole score of folks involved in the de- The reason they are saying that is of trace materials. So we have a very fense of the security of this Nation. quite clear. Global warming is a well- good unarguable, all the scientists Basically, their message to President understood principle. Energy light, an agree on this, record of what the earth Bush was simple, that we have to de- ultraviolet spectrum can come through has done. velop alternatives to oil and that our the atmosphere. When it bounces back, There are three salient things from addiction to oil presents a security risk it is in the infrared spectrum. Unfortu- this record. to the United States. They said very nately, in part, carbon dioxide traps in- Number one, we see that there is a pointedly, I thought, that with only 2 frared energy and does not allow it to very close correlation between devi- percent of the world’s oil reserves but radiate back to space. ations in carbon dioxide levels in the 25 percent of the current world con- Actually, it is a wonderful thing. If it atmosphere and global temperatures. sumption, the United States cannot, was not for this aspect, we would have The CO2 levels as shown in the red line, cannot, eliminate its need for its im- a frozen planet on our hands. But the we will see deviations over the last ports through increased domestic pro- fact of the matter is too much carbon 400,000 years up and down. These are duction alone. They understand that dioxide causes global warming. We parts per million from about 180 at the the dinosaurs went to die somewhere know that is happening. As the Acad- bottom to 380 at the top of this yellow else, mostly in the Mid East, and we emy of Sciences said today, we know it section. need to develop alternatives to oil. is happening through melting glaciers, So what we see is carbon dioxide lev- They went on to urge the President changes in biological standards up and els have gone up and down, in some cy- to adopt improved efficiencies and down the coastline, melting tundra in cles, over the last 400,000 years. But it rapid deployment and development of the Arctic, the disappearance. Glacier is pretty interesting because the tem- advanced biomass, alcohol, and other National Park will not have glaciers in peratures, if the Members notice the available petroleum alternatives. They 75 years at this rate due to global blue line, pretty much follow in a reg- said that action to prepare for the day warming. ular path the red line. And what we see that when we need to wean ourselves So how do we know this is occurring? is that temperatures have followed from oil will pay dividends for our na- If I can refer to a couple of charts here, changes in carbon dioxide levels. It is a tional security, our international com- we see with our own eyes some very close correlation, as we are seeing petitiveness, and our future prosperity. changes, and I will get to the theory of now. Because what we are seeing now They made some really specific pro- why this is happening. But we have is an explosion of carbon dioxide. It is posals, these security experts. They seen with our own eyes some very sub- sort of human-caused volcanic of car- said that we should make it a national stantial changes in our world as a re- bon dioxide which is sending CO2 levels top security priority to significantly sult of global warming already. through the roof. reduce our consumption of foreign oil This is a picture of the ice sheet in The second thing that was inter- through improved efficiency and the the Antarctic. And if I can refer to the esting in this chart is that when we rapid substitution of advanced bio- glacier, it is the Pine Island Glacier as come to today, which is this spot right mass, alcohol, and other available al- it comes down into the sea. It shows here on this graph, this red line shows ternative fuels; and this effort should pictures on September 16, 2000; Novem- CO2 levels, and it shows the CO2 levels

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.221 H08PT1 H4292 CONGRESSIONAL RECORD — HOUSE June 8, 2005 that are expected by the scientists as a dustries in American history already. part takes a small step. It does not spe- result of our burning fossil fuels, put- It does not do that. It does not take the cifically increase the standards, but it ting CO2 into the atmosphere. And money out of taxpayer dollars and give suggests we do research, we do research what it shows is today we are at about it to the likes of Exxon, who last quar- in finding how to have more fuel effi- 375 parts per million. For every million ter had $7.5 billion profits. Why do they cient cars in a whole host of ways, just molecules, there are about 375 mol- need subsidies when fuel is at $55 a bar- like these national security experts ecules of carbon dioxide in the atmos- rel already? It does not do that. It uses suggested that we do. phere. That is higher today than at any a host of approaches to deal with this It was pointed out to me by the ar- time in the last 400,000 years on earth. issue. chitect of this plan, if we had simply Anytime in the last 400,000 years, we Now, one of the first things it does is continued this rate of improvement to it does what you would do if you want have more CO2 in the atmosphere than 2005, if we had not stopped in 1985, we we have ever had in the last 400,000 to reduce your energy consumption. would be free of imported oil today years, and it is getting hotter rapidly. The first thing is we stop wasting en- from Saudi Arabia. Think how that Ten of the last hottest years we have ergy. The best way to create energy is would be a better situation. had in the last decade. Temperatures not to waste it, not to throw it away. So the first thing we do is we do not are rising. Unfortunately, because of some indus- waste fuel. We do not waste energy in But what is disturbing is that the sci- trial policies that have not used effi- our buildings, and our new Apollo En- ciency, we are not using our heads ergy Project has new building research entists are projecting CO2 levels to con- tinue to go up essentially on a vertical when it comes to being efficient in use and standards to try to encourage in- line looked at geological time. By 2050, of energy. Let me show you one of the dustry to provide us more fuel efficient we are expected to have 550 parts per most discouraging things when you buildings, one of which is to have the look at our national policy of some U.S. Government adopt more advanced million. Our CO2 will be up here, al- most twice the highest level ever in the years. standards for building Federal build- last 400,000 years of unrecorded history. This is a chart of the fuel economy, ings. That is just a start. States are doing this around the That is under a business as usual if fleet fuel economy, both truck and car, from 1975 to 2005. I think it is one of country. My State, the State of Wash- things go well. ington, just adopted the most progres- Now, there is uncertainty in this. We the most troublesome graphs I have seen, because it shows a real failure by sive efficiency standard for public do not know exactly what is going to this U.S. Congress and, frankly, by buildings, and we ought to do the same. happen. If things go well, the opti- some folks in deciding what cars and And we do this in the New Apollo En- mistic assumption, if we do business as trucks to make for us. ergy Project so we do not waste. usual, is by 2050, my children’s life- What it shows is in 1975, this middle We do this in a variety of ways. We time, we will have 550 parts per mil- line basically is the average fuel mile- give consumers incentives. We give ad- lion, almost double the carbon dioxide age that a combination of our cars and vanced tax breaks. If you buy a fuel ef- we had then. By 2100, my grandkids’ trucks got. In 1975 we were getting a ficient car, we give a tax break, unlike lifetime, we will have 980 parts per mil- combination of about 14 miles per gal- the House bill that passed here a few lion, almost three times as much car- lon, back in 1975. In 1975 we made a weeks ago. It gives producers incen- bon dioxide in the atmosphere than has conscious decision to demand that our tives. ever been in global history as far as we auto industry produce more fuel effi- We want to save the domestic auto can tell. It is disturbing when we see cient vehicles, and they did. They were industry in the United States. It is in what has happened already in our supremely successful in responding to deep, deep trouble and we want to save world to think of this curve exploding that congressional mandate. it. There are two ways. Number one, we in this nature. They almost, well, not doubled, but give it substantial assistance to get b 2245 went up at least 65 percent, up to about back on its feet through use of in some 1984, when our fuel economy got up to of its retooling expenditures and its That is why the National Academy of about 22 miles per gallon combined. So tax treatment, and in a way I hope we Sciences is calling for action today. we went from about 14 miles a gallon will also assume some of the health That is the good news. We have some to 22 miles a gallon in less than a dec- care costs ultimately, the legacy costs scientists who want us to act. The bad ade. A pretty good achievement, be- of our domestic auto industry. news is the Bush administration re- cause we put our minds to it. We used But that is not all we have to do to fuses to do so. In fact, we read in to- our design capability, we advanced save the domestic auto industry. We day’s New York Times that the chief of safer, roomier, more comfortable, more also have to grab back the market staff of the Department of Environ- fuel efficient cars, and we did it be- share we are losing to the Japanese and mental Quality for the administration cause we used our brains. People de- soon the Chinese in fuel efficient cars. actually cooked the books and edited signed and built cars that did that be- We take steps in that direction. reports to change them to make it look cause we demanded through the U.S. Third, we take some regulatory ap- like this is not such a big deal. That is Congress that that happen through proaches. We realize there are certain very disturbing when you look at the something we called the corporate av- things we simply have to do to get this real science that the National Acad- erage fuel economy standards. genie back in the bottle. One of the emy of Sciences has projected. Then in 1985 the government basi- things we have to do is limit the Well, those are the challenges we cally fell off the wagon. They stopped amount of carbon dioxide we are put- have. The fact of the matter is, we can making any more requests for further ting into the atmosphere. We do that take action on this. We can take action fuel efficiency, and our fuel efficiency by incorporating the standards over in now, starting tomorrow with the New since that time has actually gone down the Senate. Senators MCCAIN and Apollo Energy Project. since 1985. So today the industry as a LIEBERMAN are leading an effort to es- Basically, the New Apollo Energy group provides us vehicles that get less tablish a cap on the amount of carbon Project is going to take a multiple ap- gas mileage than our vehicles did in dioxide that goes into the air. We do proach to this. It recognizes that there 1985. this now for nitrogen and for sulfur. It is no silver bullet to this issue. There Now, think about that. Since 1985 we is time to do it for carbon dioxide. We are many things that we all need to do have invented the entire Internet, we have learned that that gas, that toxic and industry needs to help in to solve have perfected space travel, we have material, that pollutant, could cause these multiple energy policies. mapped the human genome, we have us more problems than all of these put But one thing it does not do, it does got cell phones for our kids coming out together. not do like the energy bill did that our ears, but the cars we drive get less We have been very effective. This is passed this House, that gave 94 percent fuel mileage than they did in 1985. That one of the real success stories in what of all the taxpayer dollars to the oil is a failure, and we need to do some- we have done to clean up our air. We and gas industry, one of the largest ob- thing about that. have cleaned it up of nitrogen, for sul- scene subsidies, using taxpayer money We need to put our heads together, fur to a significant degree. If the ad- to subsidize one of the wealthiest in- and the New Apollo Energy Project in ministration does not roll back our

VerDate jul 14 2003 06:07 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.222 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4293 mercury standards we hope to increase using, which happens frequently, they kilowatt hour. That is down to about 7 our safety for our kids from mercury. are feeding energy back into the grid, cents now, and that line is projected to But we have not done it for carbon di- so their meter on the side of the home continue down. The same with geo- oxide. That is the granddaddy of it all runs backwards a good part of the time thermal and the same with solar ther- when it comes to changing our entire when they sell back to the energy util- mal, basically just heating water on climatic system. So we need to add ity the energy they are generating. top of our roofs, which is very efficient that pollutant to the list we control. When you net the two out, they have a as well. We know this works. We do a cap and zero consumption. This is today, with- b 2300 trade system and we force polluting in- in about 60 miles of where I am stand- dustries to bid, if you will, so we have ing, and it is working today. So the good news is that as we focus the most efficient way to bring effi- But it is not just solar and those on these energy systems they become ciencies to our production and manu- techniques. The good news is that our much more efficient and thereby less facturing systems. Then we use the investments in these technologies over expensive. So this is one reason that money generated from that auction to the last several decades are paying off we have a sense of optimism in that re- pay for the research and application of big time, as they say. If you look at all gard. these fuel efficiency standards. of these new technologies, you find a Now I want to come back to, if I can By the way, this is one of the great very consistent dynamic, and that dy- just for a moment, to the certainty virtues of the New Apollo Energy namic is that the more we build, the both of the reasons for optimism and Project. It is paid for. We have a $600 cheaper it becomes. the certainty for the need for action billion in real terms deficit, and we Right now in wind power we are here. We know that we are the best need to pay for things, and this is paid building the largest wind turbine farm innovators in the world, and we know for. in North America in the southeast cor- we are people of science. And the We have provided a mechanism for ner of Washington State. Some farmers science has shown that science works, paying for every penny of expenditures are going to do pretty well in the and that is why these costs are coming in the New Apollo Energy Project leases associated with these wind down. The science has also shown the through two means: Number one, this farms. necessity for action. auction of permits to put carbon diox- These wind farms 20 years ago would I do want to refer to this report that ide in the air, which will generate bil- have been very expensive. They started was just issued by the National Acad- lions of dollars; and, secondly, by clos- about 20 years ago and the electricity emies of Science yesterday. It says ing a couple of corporate tax loopholes produced from them was much more that there is now strong evidence that that allow corporations to move jobs expensive than gas or coal. As we de- significant global warming is occur- offshore and then get tax breaks for veloped the technology and produced ring. The evidence comes from direct doing that. On a bipartisan basis we more turbines, the cost has come down. measurements of rising surface air ought to close some of those. So we pay Now in Washington State the cost of temperatures and subsurface ocean for this bill, it is fiscally responsible, wind power is just about market-based temperatures and from phenomena and I think that is important to do. with the cost of alternative fuel of gas such as increases in average global sea Now, why do we have optimism this turbines that you would have to levels, retreating glaciers, and changes is going to work? Well, for one reason, produce to provide an alternative. In to many physical and biological sys- it is working. Let me tell you about fact, I just saw some plans, one of our tems. some successes we are having in that utilities is going to have 5 percent in Here is a pivotal statement. It is regard. the next decade of their energy pro- likely that most of the warming in re- First off, it should be noted this is duced through wind. cent decades can be attributed to not pie-in-the-sky by any means. I will This is a real functioning system. If human activities. This warming has al- just show you a picture and note a cou- you look at what has happened at the ready led to changes in the earth’s cli- ple successes. This is a picture of the cost, in 1980, the cost was about 35 mate. The scientific understanding of Hathaways’ home in Loudoun County, cents per kilowatt hour. That has come climate change is now sufficiently Virginia. They built this home for down to by 2000 to about 3, 4, 5 cents, clear to justify nations taking prompt about $365,000, which is in the realm of depending where you are, this incred- action. Even if greenhouse gas emis- building costs here, not too different ible reduction just in the last two dec- sions were stabilized instantly at to- from houses of this nature. ades. That a combination of new tech- day’s levels, the climate would still When they built this home, they nology and the scales of production as continue to change and adapt to the in- wanted to incorporate state-of-the-art you ramp up. creased emission of recent decades. technologies to try to reduce their en- What we find as we start to imple- It went on to talk about the negative ergy usage. They built a home that did ment these things is they become much ramifications of climate change, in- just that. They built a home that in- less costly. That is why a lot of people creases in the frequency and severity of corporates solar cell technology in the who sort have been naysayers of new weather events such as heat waves and roof, some passive solar heating in the technology say it will cost too much. heavy rainfall. Increasing tempera- way they designed the home and ori- Of course it will. The first time you tures could lead to large-scale effects ented it, an in-ground heat pump, build something it usually costs quite such as melting of large ice sheets, a which is extremely efficient. This in- a bit. Look at our defense array. Guess major impact on low-lying regions in ground heat pump is just amazingly ef- how much the first laser beam we built the world. At the level that the sea is ficient. They used additional insula- cost for the Defense Department? predicted to rise, which is .1 to .9 me- tion and a few other whiz-bang items The same thing in solar cell. PV is ters, in Bangladesh alone 6 million peo- to try to reduce their energy consump- photovoltaic. We see it cost about 100 ple would be at risk for flooding. tion. cents per kilowatt hour in 1980. That Science tells us that we need to act, What they did is they produced, and has come down to 21–23 cents in the and there is no excuse, no excuse what- I cannot recall the exact square foot- year 2000, and that curve is going to soever for this administration to dig in age, but you can see it is a pretty good- continue. its heels and refuse to act. sized home, it looks nice, they pro- The same for biomass, which we are The President, it is interesting, be- duced a home that is attractive, com- very excited about. We have a plant cause I have heard him say both pub- fortable and uses zero net energy off going in we hope in Monroe, Wash- licly and to me personally that he real- the grid, because they produce energy. ington, shortly for biomass. izes that this is an issue that he has to First off, they use it efficiently, and I met about a month ago with farm- address. Yet he has refused to lift a fin- they produce energy through their ers in Eastern Washington who want to ger to limit carbon dioxide emissions. solar roof system and their net con- start an industry around mustard and He has refused to lift a finger to ad- sumption is zero. The way they can grape seed to develop oils to fuel our dress the rest of the world, to try to en- make it zero is while they are pro- cars and heat our homes. You look at gage the rest of the world in dealing ducing more energy than they are biomass, 1980 again about 12 cents per with this issue. He has refused to lift a

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.224 H08PT1 H4294 CONGRESSIONAL RECORD — HOUSE June 8, 2005 finger to stop this Chamber from on we will adopt a bipartisan vision a report pursuant to the Federal Vacancies adopting an oil-soaked policy that along the way of the new Apollo En- Reform Act of 1998; to the Committee on might make former friends in the oil ergy Project. America deserves it. We Government Reform. and gas industry rich but will impov- are up to it. 2247. A letter from the Acting Chief Finan- cial Officer, Export-Import Bank of the erish the taxpayer directly through LEAVE OF ABSENCE United States, transmitting the Bank’s An- their taxes and our grandchildren By unanimous consent, leave of ab- nual Management Report for the fiscal year through its climate. sence was granted to: ended September 30,2004, pursuant to 31 This is inexcusable. Anyone with any Mr. MENENDEZ (at the request of Ms. U.S.C. 9106; to the Committee on Govern- respect, any decent shred of respect for PELOSI) for today after 4:00 p.m. and ment Reform. the whole nature of scientific inquiry the balance of the week on account of 2248. A letter from the Comptroller Gen- eral, Government Accountability Office, who willfully blinds themselves to this his daughter’s graduation. great threat, to this beautiful little transmitting information concerning GAO f employees who were assigned to congres- blue globe we live on, cannot be said to SPECIAL ORDERS GRANTED sional committees during fiscal year 2004, be acting as a steward of the Creator’s pursuant to 31 U.S.C. 719(b)(1)(C); to the Earth. We are stewards of this Earth By unanimous consent, permission to Committee on Government Reform. for future generations. It is our pri- address the House, following the legis- 2249. A letter from the Administrator, mary reason for living, and this admin- lative program and any special orders Small Business Administration, transmit- istration is woefully inadequate in its heretofore entered, was granted to: ting a report pursuant to the Federal Vacan- discharge of that responsibility. (The following Members (at the re- cies Reform Act of 1998; to the Committee on Government Reform. That is why I am pleased that myself quest of Mr. PALLONE) to revise and ex- and others tomorrow will introduce a 2250. A letter from the Special Trustee for tend their remarks and include extra- Amerian Indians, Department of the Inte- bill that will get this great Nation en- neous material:) rior, transmitting a draft bill, ‘‘To resolve gaged in using its talents to solve this Mr. PALLONE, for 5 minutes, today. certain accounting discrepancies within the problem. Because a country that did Ms. WOOLSEY, for 5 minutes, today. Individual Indian Money Account Pool and put a man on the Moon, who responded Mr. BROWN of Ohio, for 5 minutes, for other puroses’’; to the Committee on Re- to John F. Kennedy’s challenge in the today. sources. 2251. A letter from the Chief Justice, Su- 1960s, is equally able to respond to the Mr. EMANUEL, for 5 minutes, today. preme Court of the United States, transmit- challenge of energies in this century Mr. DEFAZIO, for 5 minutes, today. and much more so. Because we have ting a copy of the Report of the Proceedings (The following Members (at the re- of the Judicial Conference of the United seen, we have witnessed firsthand the quest of Mr. BARTLETT of Maryland) to States for the March and September 2004 ses- incredible powers of this country when revise and extend their remarks and in- sions, pursuant to 28 U.S.C. 331; to the Com- we challenge ourselves to use our tech- clude extraneous material:) mittee on the Judiciary. nological prowess to invent our way Mr. BILIRAKIS, for 5 minutes, today 2252. A letter from the Director, Federal out of the pickle which we are in now. and June 9. Judicial Center, transmitting the Federal So I am happy that we are going to (The following Member (at his own Judicial Center’s Annual Report for the 2004 use not just one technology here, and calendar year, pursuant to 28 U.S.C. 623(b); to request) to revise and extend his re- the Committee on the Judiciary. it is not just solar and it is not just marks and include extraneous mate- wind. We should do research, and my rial:) f bill will call for research, in clean coal Mr. GOODE, for 5 minutes, today. REPORTS OF COMMITTEES ON technology. If we can find a way to PUBLIC BILLS AND RESOLUTIONS burn coal and not put carbon dioxide in f the air, we should do so. ADJOURNMENT Under clause 2 of rule XIII, reports of committees were delivered to the Clerk There are significant challenges in Mr. INSLEE. Mr. Speaker, I move that: Where we will store the carbon for printing and reference to the proper that the House do now adjourn. calendar, as follows: dioxide if we cannot separate it from The motion was agreed to; accord- the gas stream? Those are big chal- Mr. POMBO: Committee on Resources. ingly (at 11 o’clock and 7 minutes H.R. 481. A bill to further the purposes of the lenges, but we need to do the research, p.m.), the House adjourned until to- and we should not be blinded from Sand Creek Massacre National Historic Site morrow, Thursday, June 9, 2005, at 10 Establishment Act of 2000, with an amend- those potential solutions as well. a.m. ment (Rept. 109–107). Referred to the Com- It has to do with simple things like f mittee of the Whole House on the State of using management of our transpor- the Union. tation systems to try to reduce our EXECUTIVE COMMUNICATIONS, Mr. POMBO: Committee on Resources. costs. It is by maximizing some of our ETC. H.R. 774. A bill to adjust the boundary of public transportation systems. It is Under clause 8 of rule XII, executive Rocky Mountain National Park in the State like some of even our zoning require- of Colorado (Rept. 109–108). Referred to the communications were taken from the Committee of the Whole House on the State ments to try to reduce the number of Speaker’s table and referred as follows: miles we have to drive to get to work. of the Union. 2243. A letter from the Acting Assistant Mr. POMBO: Committee on Resources. And, fortunately, with the Internet ex- Secretary for Legislative Affairs, Depart- H.R. 853. A bill to remove certain restric- plosion, we are finding ways to reduce ment of State, transmitting pursuant to Sec- tions on the Mammoth Community Water some of those, some of those expenses tion 620C(c) of the Foreign Assistance Act of District’s ability to use certain property ac- as well. 1961, as amended, and in accordance with sec- quired by that District from the United The point is that we have to let a tion 1(a)(6) of Executive Order 13313, a report States (Rept. 109–109). Referred to the Com- thousand flowers bloom when it comes prepared by the Department of State and the mittee of the Whole House on the State of to energy, and our bill will do so by en- National Security Council on the progress the Union. couraging a whole raft of new research toward a negotiated solution of the Cyprus Mr. POMBO: Committee on Resources. question covering the period February 1, 2005 H.R. 873. A bill to provide for a nonvoting projects from soup to nuts on dealing through March 31, 2005; to the Committee on delegate to the House of Representatives to with this issue. International Relations. represent the Commonwealth of the North- I am very pleased to say that this bill 2244. A letter from the Attorney Advisor, ern Marina Islands, and for other purposes will be introduced tomorrow, and I Department of Transportation, transmitting (Rept. 109–110). Referred to the Committee of would encourage my colleagues to take a report pursuant to the Federal Vacancies the Whole House on the State of the Union. a good look at this. Because we are all, Reform Act of 1998; to the Committee on Mr. POMBO: Committee on Resources. all in this together, and this should not Government Reform. H.R. 1084. A bill to authorize the establish- be a partisan bill. We see good leader- 2245. A letter from the Attorney Advisor, ment at Antietam National Battlefield of a ship from John McCain on this over in Department of Transportation, transmitting memorial to the officers and enlisted men of a report pursuant to the Federal Vacancies the Fifth, Sixth, and Ninth New Hampshire the Senate and others. We see leaders Reform Act of 1998; to the Committee on Volunteer Infantry Regiments and the First in renewable technology on the Repub- Government Reform. New Hampshire Light Artillery Battery who lican side of the aisle here in the 2246. A letter from the Attorney Advisor, fought in the Battle of Antietam on Sep- House. And we are hoping as time goes Department of Transportation, transmitting tember 17, 1862, and for other purposes (Rept.

VerDate jul 14 2003 04:29 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JN7.226 H08PT1 June 8, 2005 CONGRESSIONAL RECORD — HOUSE H4295 109–111). Referred to the Committee of the By Mr. GREEN of Wisconsin: purposes; to the Committee on Energy and Whole House on the State of the Union. H.R. 2797. A bill to amend the Jacob Commerce, and in addition to the Committee Mr. POMBO: Committee on Resources. Wetterling Crimes Against Children and Sex- on Ways and Means, for a period to be subse- H.R. 1428. A bill to authorize appropriations ually Violent Offender Registration Act to quently determined by the Speaker, in each for the National Fish and Wildlife Founda- extend registration requirements to juvenile case for consideration of such provisions as tion, and for other purposes, with an amend- sex offenders; to the Committee on the Judi- fall within the jurisdiction of the committee ment (Rept. 109–112). Referred to the Com- ciary. concerned. mittee of the Whole House on the State of By Mrs. BONO: By Mr. LAHOOD (for himself, Mr. JACK- the Union. H.R. 2798. A bill to authorize the disinter- SON of Illinois, Mr. HASTERT, Mr. Mr. POMBO: Committee on Resources. ment from the American Ardennes Cemetery EMANUEL, Mr. DAVIS of Illinois, Ms. H.R. 2362. A bill to reauthorize and amend at Neuville-en-Condroz, Belgium of the re- BEAN, Mr. KIRK, Mr. COSTELLO, Mrs. the National Geologic Mapping Act of 1992 mains of Sergeant Roaul R. Prieto, who died BIGGERT, Mr. SHIMKUS, Mr. LIPINSKI, (Rept. 109–113). Referred to the Committee of in combat in April 1945, and to authorize the Mr. MANZULLO, Mr. WELLER, Mr. the Whole House on the State of the Union. transfer of his remains to his next of kin; to EVANS, Mr. HYDE, Ms. SCHAKOWSKY, f the Committee on Veterans’ Affairs. Mr. RUSH, Mr. JOHNSON of Illinois, By Mr. BRADLEY of New Hampshire and Mr. GUTIERREZ): REPORTS OF COMMITTEES ON PRI- (for himself and Mr. CANTOR): H.R. 2808. A bill to require the Secretary of VATE BILLS AND RESOLUTIONS H.R. 2799. A bill to amend title II of the So- the Treasury to mint coins in commemora- Under clause 2 of rule XIII, reports of cial Security Act to authorize waivers by the tion of the bicenntenial of the birth of Abra- Commissioner of Social Security of the 5- committees were delivered to the Clerk ham Lincoln; to the Committee on Financial month waiting period for entitlement to ben- Services. for printing and reference to the proper efits based on disability in cases in which the By Mr. LAHOOD: calendar, as follows: Commissioner determines that such waiting H.R. 2809. A bill to temporarily suspend the Mr. POMBO: Committee on Resources. period would cause undue hardship to termi- duty on Carfentrazone; to the Committee on H.R. 432. A bill to require the Secretary of nally ill beneficiaries; to the Committee on Ways and Means. the Interior to permit continued occupancy Ways and Means. By Mr. LAHOOD: and use of certain lands and improvements By Mr. CASTLE: H.R. 2810. A bill to extend the temporary within Rocky Mountain National Park H.R. 2800. A bill to designate the State suspension of duty on 3-(Ethylsulfonly)-2- (Rept. 109–114). Referred to the Private Cal- Route 1 Bridge in the State of Delaware as pyridinesulfonamide; to the Committee on endar. the ‘‘Senator William V. Roth, Jr. Bridge’’; Ways and Means. to the Committee on Transportation and In- By Mrs. MALONEY (for herself, Mr. f frastructure. CROWLEY, Mr. RUSH, Mr. LANTOS, Ms. PUBLIC BILLS AND RESOLUTIONS By Mr. DAVIS of Florida (for himself, JACKSON-LEE of Texas, Ms. LEE, Mr. Under clause 2 of rule XII, public Mr. LARSEN of Washington, Mrs. MCDERMOTT, Mr. OWENS, Mr. MCNUL- DAVIS of California, Ms. HOOLEY, Mr. TY, Ms. EDDIE BERNICE JOHNSON of bills and resolutions were introduced FORD, Mr. SNYDER, Mr. SMITH of Texas, Mr. SMITH of Washington, Mr. and severally referred, as follows: Washington, Mr. PAUL, and Mrs. GRIJALVA, and Mr. HONDA): By Mr. SENSENBRENNER (for him- MCCARTHY): H.R. 2811. A bill to provide a United States self, Mr. SMITH of Texas, Mr. GOOD- H.R. 2801. A bill to amend the Internal Rev- voluntary contribution to the United Na- LATTE, Mr. BERMAN, Mr. BOUCHER, enue Code of 1986 to allow employers a credit tions Population Fund only for the preven- Mr. CONYERS, Mr. CHABOT, Mr. JEN- against income tax for the costs of providing tion and repair of obstetric fistula; to the KINS, Ms. ZOE LOFGREN of California, technical training for employees; to the Committee on International Relations. Mr. COBLE, and Mr. WEXLER): Committee on Ways and Means. By Mrs. MALONEY: H.R. 2791. A bill to amend title 35, United By Mr. ENGEL: H.R. 2812. A bill to amend the Employee States Code, with respect to patent fees, and H.R. 2802. A bill to prohibit the manufac- Retirement Income Security Act of 1974, for other purposes; to the Committee on the ture, marketing, sale, or shipment in inter- Public Health Service Act, and the Internal Judiciary. state commerce of products designed to as- Revenue Code of 1986 to require that group By Mr. BURTON of Indiana (for himself sist in defrauding a drug test; to the Com- and individual health insurance coverage and and Mr. DEFAZIO): mittee on Energy and Commerce. group health plans provide coverage of H.R. 2792. A bill to permit an individual to By Mr. FEENEY (for himself and Mr. screening for breast, prostate, and colorectal be treated by a health care practitioner with FRANK of Massachusetts): cancer; to the Committee on Energy and any method of medical treatment such indi- H.R. 2803. A bill to modernize the manufac- Commerce, and in addition to the Commit- vidual requests, and for other purposes; to tured housing loan insurance program under tees on Education and the Workforce, Ways the Committee on Energy and Commerce. title I of the National Housing Act; to the and Means, and Government Reform, for a By Mr. BURGESS (for himself, Mr. Committee on Financial Services. period to be subsequently determined by the STRICKLAND, and Mr. BLUNT): By Mr. FOLEY (for himself, Mr. SHAW, Speaker, in each case for consideration of H.R. 2793. A bill to promote health care Mr. LEWIS of California, Mr. THOMAS, such provisions as fall within the jurisdic- coverage parity for individuals engaged in Mr. COX, Mr. CAMP, Mr. CUNNINGHAM, tion of the committee concerned. legal use of certain modes of transportation; Mr. MACK, Mr. KELLER, Mr. HERGER, By Mr. MCHUGH (for himself, Mr. TOM to the Committee on Energy and Commerce, Mr. ISSA, Mr. MCHUGH, Mr. GREEN of DAVIS of Virginia, Mr. WAXMAN, and and in addition to the Committees on Ways Wisconsin, Mr. TERRY, Mr. KOLBE, Mr. DAVIS of Illinois): and Means, and Education and the Work- Mr. BARTLETT of Maryland, Mr. H.R. 2813. A bill to amend title 39, United force, for a period to be subsequently deter- HUNTER, and Mr. PAUL): States Code, to make cigarettes and certain mined by the Speaker, in each case for con- H.R. 2804. A bill to amend title III of the other tobacco products nonmailable; to the sideration of such provisions as fall within Americans with Disabilities Act of 1990 to re- Committee on Government Reform. the jurisdiction of the committee concerned. quire, as a precondition to commencing a By Mr. MCNULTY (for himself, Mr. By Mr. LEWIS of Kentucky (for him- civil action with respect to a place of public HERGER, Mrs. MCCARTHY, and Mr. self, Mr. POMEROY, Mr. RAMSTAD, Mr. accommodation or a commercial facility, DAVIS of Florida): BEAUPREZ, and Mr. WELLER): that an opportunity be provided to correct H.R. 2814. A bill to provide that no Federal H.R. 2794. A bill to amend the Internal Rev- alleged violations; to the Committee on the funds may be expended for the payment or enue Code of 1986 to allow a credit to holders Judiciary. reimbursement of a drug that is prescribed of qualified bonds issued to finance certain By Mr. GENE GREEN of Texas: to a sex offender for the treatment of sexual energy projects, and for other purposes; to H.R. 2805. A bill to direct the Secretary of or erectile dysfunction; to the Committee on the Committee on Ways and Means. Labor to revise regulations concerning the Energy and Commerce, and in addition to By Mr. SMITH of Texas (for himself, recording and reporting of occupational inju- the Committees on Ways and Means, Govern- Mr. BERMAN, Mr. GOODLATTE, Mr. ries and illnesses under the Occupational ment Reform, Armed Services, Veterans’ Af- BOUCHER, Ms. ZOE LOFGREN of Cali- Safety and Health Act of 1970; to the Com- fairs, and Resources, for a period to be subse- fornia, Mr. CANNON, Mr. SCHIFF, Mr. mittee on Education and the Workforce. quently determined by the Speaker, in each ISSA, Mr. CONYERS, and Mr. COBLE): By Mr. GENE GREEN of Texas: case for consideration of such provisions as H.R. 2795. A bill to amend title 35, United H.R. 2806. A bill to reduce temporarily the fall within the jurisdiction of the committee States Code, relating to the procurement, duty on Paraquat Dichloride; to the Com- concerned. enforcement, and validity of patents; to the mittee on Ways and Means. By Mr. MENENDEZ: Committee on the Judiciary. By Mr. HULSHOF (for himself and Mr. H.R. 2815. A bill to amend the Internal Rev- By Mr. GREEN of Wisconsin: THOMPSON of California): enue Code of 1986 to expand and enhance the H.R. 2796. A bill to expand the use of DNA H.R. 2807. A bill to improve the provision HOPE and Lifetime Learning Credits, and to for the identification and prosecution of sex of telehealth services under the Medicare amend the Higher Education Act of 1965 to offenders, and for other purposes; to the Program, to provide grants for the develop- provide loan forgiveness opportunities for Committee on the Judiciary. ment of telehealth networks, and for other public service employees; to the Committee

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on Ways and Means, and in addition to the and the Caribbean; to the Committee on LORETTA SANCHEZ of California, Mr. SCOTT of Committee on Education and the Workforce, International Relations. Virginia, Mr. LANTOS, Ms. NORTON, and Ms. for a period to be subsequently determined By Ms. DELAURO: SCHWARTZ of Pennsylvania. by the Speaker, in each case for consider- H. Res. 307. A resolution electing Members H.R. 500: Mr. NEUGEBAUER, Mr. TOM DAVIS ation of such provisions as fall within the ju- to certain standing committees of the House of Virginia, Mr. CANNON, and Mr. BILIRAKIS. risdiction of the committee concerned. of Representatives; considered and agreed to. H.R. 547: Mr. ISRAEL. By Mr. NEAL of Massachusetts: By Mr. DICKS: H.R. 581: Mr. BEAUPREZ, Mr. ETHERIDGE, H.R. 2816. A bill to provide duty-free treat- H. Res. 308. A resolution supporting the Mr. HINCHEY, Mr. PASTOR, and Ms. ment for certain tuna; to the Committee on goals of National Marina Day and urging ma- MILLENDER-MCDONALD. Ways and Means. rinas continue providing environmentally H.R. 583: Mr. CLAY and Mr. SIMMONS. By Mr. NEAL of Massachusetts: friendly gateways to boating; to the Com- H.R. 605: Mr. FORD and Mr. GORDON. H.R. 2817. A bill to suspend temporarily the mittee on Transportation and Infrastruc- H.R. 670: Mr. PUTNAM. duty on certain basketballs; to the Com- ture. H.R. 700: Mr. GRIJALVA. mittee on Ways and Means. By Mr. POMBO: H.R. 712: Mr. DANIEL E. LUNGREN of Cali- By Mr. NEAL of Massachusetts: H. Res. 309. A resolution expressing the im- fornia and Mrs. MYRICK. H.R. 2818. A bill to suspend temporarily the portance of immediately reopening the fa- H.R. 761: Mr. ISRAEL. duty on certain leather basketballs; to the mous Beartooth All-American Highway from H.R. 763: Mr. HASTINGS of Florida. Committee on Ways and Means. Red Lodge, Montana, to Yellowstone Na- H.R. 822: Mr. TOWNS, Mr. OWENS, Mr. RAN- By Mr. NEAL of Massachusetts: tional Park in Wyoming; to the Committee GEL, Mr. BRADY of Pennsylvania, Mrs. JONES H.R. 2819. A bill to suspend temporarily the on Resources, and in addition to the Com- of Ohio, Mr. GRIJALVA, Mr. WEXLER, Mr. AL duty on certain rubber basketballs; to the mittee on Transportation and Infrastruc- GREEN of Texas, Mr. KILDEE, Mr. GEORGE Committee on Ways and Means. ture, for a period to be subsequently deter- MILLER of California, Mr. MCDERMOTT, Mr. By Mr. NEAL of Massachusetts: mined by the Speaker, in each case for con- COOPER, Mr. CARDOZA, and Ms. NORTON. H.R. 2820. A bill to suspend temporarily the sideration of such provisions as fall within H.R. 823: Mr. MCHUGH and Ms. duty on certain volleyballs; to the Com- the jurisdiction of the committee concerned. SCHAKOWSKY. mittee on Ways and Means. H.R. 839: Mr. SANDERS, Ms. NORTON, Mrs. By Mr. NEAL of Massachusetts: f MALONEY, Mr. DAVIS of Illinois, Mr. HINCHEY, H.R. 2821. A bill to suspend temporarily the PRIVATE BILLS AND Mr. ALLEN, and Mr. MORAN of Virginia. duty on certain synthetic basketballs; to the H.R. 874: Mr. TANCREDO and Mr. CONAWAY. Committee on Ways and Means. RESOLUTIONS H.R. 887: Ms. WOOLSEY and Mr. BISHOP of By Mr. PAUL: Under clause 3 of rule XII, Georgia. H.R. 2822. A bill to amend the Internal Rev- H.R. 893: Mr. GRIJALVA, Mr. AL GREEN of Mr. ROTHMAN introduced a bill (H.R. 2827) enue Code of 1986 to provide a tax credit for Texas, Mr. OWENS, Mr. JEFFERSON, Mrs. for the relief of Malachy McAllister, Nicola police officers and professional firefighters, CHRISTENSEN, Mr. TOWNS, and Mr. DOGGETT. McAllister, and Sean Ryan McAllister; which and to exclude from income certain benefits H.R. 896: Mr. LAHOOD, and Mr. MCDERMOTT. was referred to the Committee on the Judici- received by public safety volunteers; to the H.R. 930: Mr. PORTER, Mr. SESSIONS, and ary. Committee on Ways and Means. Mrs. MYRICK. By Mr. PAUL: f H.R. 968: Mr. HINCHEY. H.R. 2823. A bill to amend the Internal Rev- H.R. 997: Mr. BASS. enue Code of 1986 to provide for a nonrefund- ADDITIONAL SPONSORS H.R. 998: Mr. BOREN. able tax credit for law enforcement officers Under clause 7 of rule XII, sponsors H.R. 999: Mr. GORDON, Mr. SCHIFF, Mr. who purchase armor vests, and for other pur- were added to public bills and resolu- SANDERS, and Mr. TOWNS. poses; to the Committee on Ways and Means. tions as follows: H.R. 1002: Mr. DOYLE, Ms. LINDA T. By Mr. ROHRABACHER (for himself SA´ NCHEZ of California, and Mr. ETHERIDGE. and Mr. TAYLOR of Mississippi): H.R. 19: Mr. BLUNT and Ms. GINNY BROWN- H.R. 1070: Mr. JENKINS, Mr. BROWN of South H.R. 2824. A bill to amend title 10, United WAITE of Florida. Carolina, and Mr. AKIN. States Code, to provide TRICARE Standard H.R. 34: Mr. PLATTS. H.R. 1100: Mr. MORAN of Kansas. coverage for members of reserve components H.R. 47: Mr. NEUGEBAUER and Mr. BACHUS. H.R. 1116: Mr. WEXLER. of the Armed Forces who serve at least one H.R. 63: Mr. BACA, Ms. MCCOLLUM of Min- H.R. 1130: Mr. LYNCH, Mr. OLVER, and Mr. year on active duty oversea; to the Com- nesota, and Mr. MCGOVERN. BISHOP of Georgia. mittee on Armed Services. H.R. 98: Mr. FRANKS of Arizona. H.R. 1167: Mr. MILLER of Florida, Mrs. By Mr. SPRATT: H.R. 111: Mrs. TAUSCHER, Mr. CRENSHAW, BLACKBURN, and Mr. OTTER. H.R. 2825. A bill to suspend temporarily the and Ms. CORRINE BROWN of Florida. H.R. 1195: Mr. BERMAN and Ms. HARMAN. duty on 4-Chloro-3-[[3-(4-methoxyphenyl)-1,3- H.R. 153: Mr. PASCRELL. H.R. 1217: Ms. VELA´ ZQUEZ, Ms. LINDA T. dioxopropyl-]amino]-do decyl ester; to the H.R. 156: Mr. LIPINSKI, Mr. LANTOS, Mr. SA´ NCHEZ of California, Mr. LEVIN, Mr. RAN- Committee on Ways and Means. BRADY of Pennsylvania, Ms. KILPATRICK of GEL, and Mr. KENNEDY of Rhode Island. By Mrs. WILSON of New Mexico (for Michigan, Mr. SCOTT of Virginia, Ms. NOR- H.R. 1220: Mr. HOLDEN and Mr. KILDEE. herself, Ms. HERSETH, Mr. SANDERS, TON, and Mr. CLEAVER. H.R. 1243: Mr. CARTER and Mr. BISHOP of and Mr. LANGEVIN): H.R. 158: Mr. FALEOMAVAEGA and Mr. BUR- Utah. H.R. 2826. A bill to amend the Public TON of Indiana. H.R. 1245: Mr. GORDON, Mr. SIMMONS, Mr. Health Service Act to revise the amount of H.R. 161: Mr. BRADLEY of New Hampshire, BROWN of Ohio, Mr. HINOJOSA, Mr. CARDIN, minimum allotments under the Projects for Mr. HIGGINS, Mr. MCNULTY, Mr. TOWNS, and Mr. BRADLEY of New Hampshire, Mr. Assistance in Transition from Homelessness Mr. FILNER. FOSSELLA, Ms. HERSETH, and Mr. BRADY of program; to the Committee on Energy and H.R. 164: Mr. SERRANO. Pennsylvania. Commerce. H.R. 166: Mr. BARROW, Mr. THOMPSON of H.R. 1246: Mr. ABERCROMBIE, Mr. GRIJALVA, By Mrs. MYRICK (for herself, Mrs. Mississippi, and Mr. CLEAVER. Mr. EMANUEL, Mr. RYAN of Ohio, and Mr. CAPPS, Mr. ISRAEL, Ms. PRYCE of H.R. 167: Mr. CLEAVER, Mr. VAN HOLLEN, CLAY. Ohio, Ms. ESHOO, Ms. DELAURO, Mrs. Ms. DELAURO, and Ms. EDDIE BERNICE JOHN- H.R. 1259: Mr. MILLER of Florida, Mr. GON- LOWEY, Mr. WAXMAN, Mr. HIGGINS, SON of Texas. ZALEZ, Mrs. JONES of Ohio, Mrs. MALONEY, Mr. BISHOP of Georgia, Mr. MAR- H.R. 195: Mr. MCHUGH and Mr. TERRY. Mr. ISRAEL, Mr. CLEAVER, and Mr. LARSON of SHALL, and Ms. BALDWIN): H.R. 202: Mr. CROWLEY and Mr. Connecticut. H. Con. Res. 174. Concurrent resolution ex- MCDERMOTT. H.R. 1282: Mr. PAYNE. pressing the sense of the Congress regarding H.R. 215: Mr. ROGERS of Alabama. H.R. 1295: Mr. MOORE of Kansas. fertility issues facing cancer survivors; to H.R. 302: Mr. STARK. H.R. 1312: Mr. BERMAN, Mr. ISRAEL, and the Committee on Energy and Commerce. H.R. 303: Mr. LYNCH and Mrs. JO ANN DAVIS Mrs. MALONEY. By Mr. RANGEL (for himself, Mr. of Virginia. H.R. 1322: Ms. WOOLSEY and Mr. DINGELL. PAYNE, Ms. LEE, Mr. MEEKS of New H.R. 312: Mr. PLATTS, Mr. LANTOS, Mr. H.R. 1335: Mr. REYES, Mr. GRIJALVA, Mr. York, and Mr. JEFFERSON): TERRY, Mr. MICHAUD, Mr. WYNN, Mr. BECERRA, Mr. HINOJOSA, Mr. BARTON of H. Con. Res. 175. Concurrent resolution ac- HOSTETTLER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. STRICKLAND, Mr. DREIER, Mr. knowledging African descendants of the Texas, Mr. GONZALEZ, Mr. HALL, Mr. ROSS, EVANS, Mr. SIMPSON, Mr. STEARNS, Mr. transatlantic slave trade in all of the Amer- Mr. SCHIFF, Mr. BRADLEY of New Hampshire, BERRY, Mr. TANNER, Mr. ROSS, Mr. ISRAEL, icas with an emphasis on descendants in and Mr. DINGELL. Mr. SKELTON, Mr. COOPER, Mr. GONZALEZ, Mr. Latin America and the Caribbean, recog- H.R. 332: Mr. FOSSELLA. EMANUEL, and Ms. LINDA T. SA´ NCHEZ of Cali- nizing the injustices suffered by these Afri- H.R. 363: Mr. INSLEE. fornia. can descendants, and recommending that the H.R. 478: Mr. FALEOMAVAEGA, Mr. FILNER, H.R. 1337: Mr. MORAN of Kansas, Mr. ROG- United States and the international commu- Mr. OWENS, Mr. RUPPERSBERGER, Mr. BRADY ERS of Michigan, and Mr. MARSHALL. nity work to improve the situation of Afro- of Pennsylvania, Ms. LEE, Mr. MCGOVERN, H.R. 1345: Mr. RANGEL. descendant communities in Latin America Mrs. DAVIS of California, Mr. RANGEL, Ms. H.R. 1358: Mr. CUMMINGS.

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H.R. 1366: Mr. LYNCH. H.R. 2076: Mrs. JO ANN DAVIS of Virginia. H.R. 2642: Mr. BOSWELL, Mr. LEWIS of Geor- H.R. 1373: Mr. ISRAEL. H.R. 2103: Ms. ROS-LEHTINEN, Ms. gia, Mr. UDALL of New Mexico, Ms. HERSETH, H.R. 1376: Mr. HONDA and Mr. KENNEDY of MILLENDER-MCDONALD, Mr. WOLF, Mr. BRADY and Mrs. MCCARTHY. Rhode Island. of Pennsylvania, and Mr. CONAWAY. H.R. 2646: Mr. MILLER of Florida. H.R. 1402: Mr. MOORE of Kansas, Mr. H.R. 2123: Mr. EHLERS. H.R. 2648: Mr. FITZPATRICK of Pennsyl- KUCINICH, Mr. INSLEE, and Ms. WOOLSEY. H.R. 2178: Mr. MICHAUD. vania, Ms. GINNY BROWN-WAITE of Florida, H.R. 1415: Mr. BERMAN and Mr. ISRAEL. H.R. 2199: Mr. GRIJALVA and Mr. MAR- and Mr. BILIRAKIS. H.R. 1426: Mr. ACKERMAN, Mr. BURTON of SHALL. H.R. 2662: Mr. STRICKLAND, Ms. BEAN, Mr. H.R. 2208: Mr. WESTMORELAND. Indiana, and Mr. TURNER. HINCHEY, Ms. EDDIE BERNICE JOHNSON of H.R. 1491: Mr. MILLER of North Carolina. H.R. 2209: Mr. ALEXANDER. Texas, Mr. WAXMAN, Mr. MICHAUD, and Mr. H.R. 1498: Mr. GILLMOR, Mr. KUCINICH, Mr. H.R. 2238: Mr. GREEN of Wisconsin, Ms. HIGGINS. BOEHLERT, Ms. FOXX, and Mr. PLATTS. SCHWARTZ of Pennsylvania, Mr. LARSEN of H.R. 2679: Mr. HERGER. H.R. 1505: Mr. MURPHY. Washington, and Mr. BOUCHER. H.R. 2739: Mr. OBERSTAR and Mr. STARK. H.R. 1517: Mr. BURTON of Indiana. H.R. 2259: Mr. GORDON and Mr. SCHWARTZ of H.R. 1518: Ms. HART. Pennsylvania. H.J. Res. 10: Mr. JINDAL, Mr. ROSS, Mr. H.R. 1594: Mr. BASS. H.R. 2317: Ms. CORRINE BROWN of Florida, SKELTON, Mr. KINGSTON, and Mr. DEAL of H.R. 1599: Mrs. MUSGRAVE. Mr. SIMMONS, Mr. LARSON of Connecticut, Georgia. H.R. 1637: Mr. BUTTERFIELD. Mr. MILLER of Florida, Ms. WOOLSEY, Mr. H. Con. Res. 69: Mr. ROHRABACHER. H.R. 1651: Mr. SWEENEY, Mr. KING of Iowa, FILNER, and Mr. CALVERT. H. Con. Res. 90: Mr. CLAY, Mr. PAYNE, and Mr. HOSTETTLER, Mr. GOODE, and Mr. GUT- H.R. 2327: Mr. SHERMAN, Mr. CARDOZA, and Mr. HINCHEY. KNECHT. Mr. RAHALL. H. Con. Res. 122: Mr. KUHL of New York. H.R. 1668: Mr. OLVER and Mr. AL GREEN of H.R. 2331: Mr. RANGEL. H. Con. Res. 146: Mr. HONDA, Mr. MEEHAN, Texas. H.R. 2335: Mr. BISHOP of Georgia and Mr. Mr. MCDERMOTT, Ms. MCCOLLUM of Min- H.R. 1674: Mr. FARR. CUMMINGS. nesota, Ms. BERKLEY, and Mr. COX. H.R. 1689: Mr. KUHL of New York. H.R. 2356: Mr. PAUL, Mr. UDALL of Colo- H. Con. Res. 162: Mr. FRELINGHUYSEN. H.R. 1707: Mr. BROWN of Ohio and Mr. rado, Mr. CARDOZA, Mr. MARSHALL, Mr. GOR- H. Res. 17: Mr. BILIRAKIS. GEORGE MILLER of California. DON, Mr. DOYLE, Ms. ESHOO, Mrs. JO ANN H. Res. 83: Mr. CROWLEY. H.R. 1708: Mr. BILIRAKIS. DAVIS of Virginia, Mr. GIBBONS, Ms. GINNY H. Res. 121: Mr. UDALL of Colorado. H.R. 1709: Mrs. LOWEY, Ms. JACKSON-LEE of BROWN-WAITE of Florida, and Mr. THORN- H. Res. 215: Mr. GARRETT of New Jersey and Texas, Mr. DEFAZIO, Mrs. MCCARTHY, Mr. BERRY. Mrs. MYRICK. PAYNE, Mr. HINCHEY, Mr. OWENS, Mr. H.R. 2357: Mr. BURTON of Indiana, Mr. H. Res. 247: Mr. LEWIS of California. GRIJALVA, Mr. BROWN of Ohio, Mr. WEINER, BRADY of Pennsylvania, and Mr. KINGSTON. H. Res. 272: Mr. MCDERMOTT and Ms. LINDA Mr. BERMAN, Mr. BACA, and Ms. SCHWARTZ of H.R. 2363: Mr. MCHUGH and Mr. LANTOS. T. SA´ NCHEZ of California. Pennsylvania. H.R. 2412: Mr. LEVIN. H.R. 1736: Mr. ISSA. H.R. 2423: Mr. GORDON and Mr. CHABOT. H. Res. 288: Mr. WEXLER, Mr. CUMMINGS, H.R. 1816: Mr. PUTNAM and Mr. TANCREDO. H.R. 2426: Mr. MCHENRY. Mr. CLEAVER, Ms. KILPATRICK of Michigan, H.R. 1945: Mr. HOLDEN, Mrs. BLACKBURN, H.R. 2427: Mr. BAIRD, Mr. REHBERG, and Mr. Ms. WOOLSEY, Mr. MCDERMOTT, Ms. EDDIE Mr. MCINTYRE, and Mr. JEFFERSON. PALLONE. BERNICE JOHNSON of Texas, Mr. SCOTT of Vir- H.R. 1951: Mr. EVANS. H.R. 2458: Mr. INGLIS of South Carolina. ginia, Mr. LAHOOD, Ms. KAPTUR, and Mr. H.R. 1952: Mr. LINCOLN DIAZ-BALART of H.R. 2574: Mr. MARSHALL. PASTOR. Florida. H.R. 2594: Mr. MCNULTY. H. Res. 297: Mr. MCDERMOTT, Mr. GREEN of H.R. 1954: Mr. PAUL and Mr. FORD. H.R. 2600: Ms. GINNY BROWN-WAITE of Flor- Wisconsin, and Mr. RANGEL. H.R. 2048: Mr. BALDWIN, Mr. LYNCH, Mr. ida. H. Res. 299: Mr. STUPAK, Mr. SANDERS, Ms. WAXMAN, and Mr. FRANKs of Arizona. H.R. 2629: Ms. JACKSON-LEE of Texas. DELAURO, and Mrs. LOWEY.

VerDate jul 14 2003 05:55 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JN7.082 H08PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, JUNE 8, 2005 No. 75 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, regard to the schedule? I think our called to order by the Honorable SAM PRESIDENT PRO TEMPORE, schedule is pretty clear. After discus- BROWNBACK, a Senator from the State Washington, DC, June 8, 2005. sions between the two of us and among of Kansas. To the Senate: our leadership in our various caucuses, Under the provisions of rule I, paragraph 3, of the Standard Rules of the Senate, I hereby we have a good plan for the next 4 PRAYER appoint the Honorable SAM BROWNBACK, a weeks focused on judges this week, and The Chaplain, Dr. Barry C. Black, of- Senator from the State of Kansas, to per- then moving to energy next week, with fered the following prayer: form the duties of the Chair. a concentrated push on energy based Let us pray. TED STEVENS, on a bipartisan bill that came out of Wondrous sovereign God, thank You President pro tempore. committee 2 weeks ago. for the gift of another sunrise. We trust Mr. BROWNBACK thereupon as- Following that, we will be addressing in Your unfailing love and rejoice in sumed the chair as Acting President appropriations bills that are currently Your salvation. Lord, Your words are pro tempore. coming out of the Appropriations Com- right and true. Your plans stand firm f mittee. forever. In these challenging times, RECOGNITION OF THE MAJORITY rule our world by Your wise provi- LEADER f dence. As the Members of this Congress in- The ACTING PRESIDENT pro tem- pore. The majority leader is recog- RECOGNITION OF THE MINORITY vestigate and legislate, help them to LEADER hate the false and cling to the truth. nized. Give them the wisdom to guard their f The ACTING PRESIDENT pro tem- lips and weigh their words. Guide them SCHEDULE pore. The Democratic leader is recog- with righteousness and integrity. May nized. Mr. FRIST. Mr. President, today we they leave such a legacy of excellence Mr. REID. Mr. President, I say will return to executive session for the that generations to come will be in- through the Chair to the distinguished final statements regarding the nomina- spired by what they do now. Remind majority leader, we have spoken to tion of Janice Rogers Brown. We have them of Your precepts, even through staff on the situation involving the the up-or-down vote on her nomination the watches of the night. Griffith nomination. I have not had the scheduled for 5 p.m. today. And imme- Lord, You are our help and our opportunity to speak to the ranking diately following her vote, under provi- shield, and we wait in hope for You. member, Senator LEAHY. Hopefully, we sions of rule XXII, we will proceed di- We pray in Your holy Name. Amen. can get that resolved so maybe even on rectly to the cloture vote with respect Monday we can complete debate on f to the nomination of William Pryor. I that nomination. expect cloture to be invoked on the PLEDGE OF ALLEGIANCE Pryor nomination as well. Once cloture We are trying to cooperate as much as we can getting through this little The Honorable SAM BROWNBACK led is invoked, I anticipate we will be able hurdle we have had here so we can the Pledge of Allegiance, as follows: to lock in a time certain for a final up- move on to other issues. I pledge allegiance to the Flag of the or-down vote on William Pryor. United States of America, and to the Repub- As I mentioned over the last couple Mr. FRIST. Mr. President, as we try lic for which it stands, one nation under God, of days, we also expect to consider the to complete the business we have been indivisible, with liberty and justice for all. Sixth Circuit judges on which we have addressing over the last several weeks, time agreements already in place, as the one remaining item we have not f well as the nomination of Tom Griffith really settled on is the Bolton nomina- to the D.C. Circuit Court. tion. I filed a motion to reconsider that APPOINTMENT OF ACTING I look forward to the Senate finally vote. There are a lot of ongoing discus- PRESIDENT PRO TEMPORE working its will with respect to these sions. That is very important business The PRESIDING OFFICER. The four or five nominations over the next that we need to address in the near fu- clerk will please read a communication 2 days. We will have a busy week fo- ture, and we will continue to discuss, to the Senate from the President pro cused on these judicial nominations. as we have over the last couple of days, tempore (Mr. STEVENS). Mr. President, I have a very brief what the appropriate time is for that The legislative clerk read the fol- statement on judges. Does the Demo- nomination to be brought back. I in- lowing letter: cratic leader have any comments with tend to do that.

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

S6175

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VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6176 CONGRESSIONAL RECORD — SENATE June 8, 2005 NOMINATIONS OF JANICE R. cratic time for debate, with respect to before the recess. Regrettably, Presi- BROWN AND WILLIAM PRYOR the Brown nomination, be controlled as dent Bush is responsible for much of Mr. FRIST. Mr. President, today we indicated on the list which I now send the ill will that has plagued this body will vote on the confirmation of Janice to the desk. for the past few years and the poten- Rogers Brown to serve on the Court of The ACTING PRESIDENT pro tem- tially disastrous upending of Senate precedents that we faced last month Appeals for the D.C. Circuit. We are on pore. Without objection, it is so or- and may well see again. a good path, a constructive, very posi- dered. Mr. REID. Mr. President, I suggest If only the President had really been tive path for getting up-or-down votes a uniter and not a divider; if only he for these judicial nominees, and we will the absence of a quorum. The ACTING PRESIDENT pro tem- had truly tried to change the tone in stay on that, as I just mentioned, over pore. The clerk will call the roll. Washington and repair some of the the remainder of this week, confirming The legislative clerk proceeded to damage done to the nomination process these judges. call the roll. by previous Congresses; if only he had After 2 years of delay, Justice Brown Mr. FEINGOLD. Mr. President, I ask not squandered the opportunity that will finally get the courtesy of an up- unanimous consent that the order for the four vacancies on the D.C. Circuit or-down vote. She will finally get the the quorum call be rescinded. as of his inauguration in 2001 pre- respect she deserves by getting an up- The PRESIDING OFFICER (Mr. VIT- sented, we would not be in this situa- or-down vote. Indeed, all 100 Members, TER). Without objection, it is so or- tion today. later today, will be able to come to the dered. In light of this history and the im- floor and vote to confirm or reject—yes Under the previous order, the time portance of this Circuit, I believe it is or no, up or down—her nomination. I from 11 a.m. until 12 noon shall be my duty to give this nomination very am delighted we have finally reached under the control of the Democratic close scrutiny. After reviewing this this point. leader or his designee. nominee’s record and her testimony, I Following the vote on Justice Brown, The Senator from Wisconsin is recog- will vote ‘‘no.’’ I do not believe she is we will move to the cloture vote on nized for 20 minutes. the right person at this time to be Judge William Pryor. Similar to Jus- Mr. FEINGOLD. Mr President, I will given a lifetime appointment to this tice Brown, Judge Pryor’s nomination, vote ‘‘no’’ on Justice Brown’s nomina- important court. The fact that a ma- in the past, has faced deliberate delay tion to the D.C. Circuit. jority of the Senate is apparently will- and postponement and obstruction. But Let me first remind my colleagues of ing to confirm a nominee whose record with the progress we are making, I be- the importance of this particular cir- so clearly demonstrates that she is not lieve William Pryor will also now get a cuit in our judicial system. The D.C. suited for such an important position fair up-or-down vote, a vote he de- Circuit is widely regarded as the most is surprising and discouraging. I do not serves. important Federal circuit. It has juris- and will never apologize for supporting So I am very happy we have moved diction over the actions of most Fed- the filibuster to protect the Federal beyond the impasse on his nomination eral agencies. Many of the highest pro- courts and the people of this country and that we are back to fulfilling our file cases that have been decided in re- from her ideological, results-oriented constitutional duty for advice and con- cent years by the Supreme Court con- judging. At her hearing, I asked Justice sent. That is what these nominees de- cerning regulation of economic activ- Brown about a case on age discrimina- serve. It gives them the respect they ity by Federal agencies in areas such tion called Stevenson v. Superior deserve. It gives them the courtesy as the environment, health and safety Court. The majority in that case said they deserve. regulation, and labor law, went first to that Ms. Stevenson’s wrongful dis- Mr. President, I will yield the floor. the D.C. Circuit. In the area of admin- charge violated a fundamental public We will continue to vote on judges this istrative law and the interpretation of policy against age discrimination. Jus- week, and then next week we will be major regulatory statutes such as the tice Brown dissented, saying that the turning our attention to lowering en- Clean Air Act, the Clean Water Act, plaintiff had ‘‘failed to establish that ergy prices, to lowering natural gas the Occupational Safety and Health prices for Americans, and we will be on public policy against age discrimina- Act, and the National Labor Relations tion . . . is fundamental and substan- that bill until completion. That is the Act, the D.C. Circuit is generally the Energy bill. tial.’’ She went on: ‘‘Discrimination last word, as the Supreme Court re- based on age does not mark its victim f views only a tiny minority of circuit with a stigma of inferiority and second court decisions. RESERVATION OF LEADER TIME class citizenship.’’ The D.C. Circuit is now almost even- These statements looked shocking The ACTING PRESIDENT pro tem- ly split, and has been for some time, when I read them, but I wanted to pore. Under the previous order, the between nominees of Democratic and make sure I understood Justice leadership time is reserved. Republican Presidents. There are five Brown’s views, so I gave her a chance f judges who were appointed by Repub- to respond. I questioned her about the licans, including John Roberts, who case in the Judiciary Committee, and EXECUTIVE SESSION the Senate confirmed earlier this year, concluded by asking if it was fair to and four by Democrats, and there are say she believed age discrimination three vacancies. President Clinton NOMINATION OF JANICE R. BROWN does not stigmatize senior citizens. She made two excellent nominations that agreed that it was. I appreciate her TO BE UNITED STATES CIRCUIT were never acted upon by the Senate JUDGE candor, but I have to say I found that Judiciary Committee. In one case, the testimony very troubling. Senior citi- The ACTING PRESIDENT pro tem- committee held a hearing but never zens in this country live every day pore. Under the previous order, the scheduled a vote, and in another, that with the stigma of age discrimination; Senate will proceed to executive ses- of now-Harvard Law School Dean Elena it is a real problem, and I think every- sion to resume consideration of cal- Kagan, the Clinton nominee was not one here takes it very seriously. Just endar No. 72, which the clerk will re- even given the courtesy of a hearing. because we all will be old someday, port. I want to express my great dis- and, therefore perhaps will be subject The legislative clerk read the nomi- appointment that the administration to prejudice and discrimination of this nation of Janice R. Brown, of Cali- has not been willing to seek a com- type, does not make it any less rep- fornia, to be United States Circuit promise on the many vacancies that rehensible. I have not heard anyone in Judge for the District of Columbia Cir- now exist on this court. By insisting on the Senate trying to defend Justice cuit. its often highly controversial choices Brown’s view on this issue; nor do I ex- The ACTING PRESIDENT pro tem- for this circuit in particular, the ad- pect to, because it is truly indefensible. pore. The Democratic leader. ministration has continued to push the I was also concerned by a comment Mr. REID. Mr. President, I ask unan- Senate toward the ‘‘nuclear’’ con- Justice Brown made in 2000 about sen- imous consent that today the Demo- frontation that loomed over the Senate ior citizens. She said: ‘‘Today senior

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6177 citizens blithely cannibalize their loath to undertake pursuant to either sive and striking language of any judi- grandchildren because they have a the takings or due process clause.’’ cial nominee we have seen thus far. right to get as much free stuff as the On May 23, 2005—just last month—the Referring to cases upholding Presi- political system will permit them to U.S. Supreme Court rejected the ‘‘sub- dent Franklin Roosevelt’s New Deal exact.’’ When I asked her about this stantially advances’’ test supported by legislation, for example, Justice Brown statement at her hearing, she made no Justice Brown in the San Remo case has said that ‘‘1937 . . . marks the tri- effort to distance herself from it. and affirmed that courts should not umph of our own socialist revolution.’’ Justice Brown seemed to suggest at subject regulatory takings cases to She went on to say that ‘‘In the New her hearing that we should ignore her heightened scrutiny. Other than Jus- Deal/Great Society Era, a rule that was inflammatory speeches because she was tice Kennedy’s two paragraph concur- the polar opposite of American law just trying to be provocative in talking rence, the entire court, including Jus- reigned.’’ At her hearing, Senator DUR- to audiences of youthful lawyers. She tices Scalia and Thomas, unanimously BIN asked her about another speech, said that in her judging she is nonideo- agreed with Justice O’Connor’s major- where she said that ‘‘Protection of pri- logical. The problem with that position ity opinion in this case, Lingle v. Chev- vate property was a major casualty of is that the caustic style and even some ron (No. 04–163,—S. Ct.—, 2005 WL the revolution of 1937.’’ She said, ‘‘I of the extreme language she used in her 1200710 (May 23, 2005).) don’t think that’s at all controver- speeches makes its way into her opin- The U.S. Supreme Court’s critique of sial.’’ ions. For example, in a 2000 speech en- the district court in Lingle paralleled The court to which Justice Brown titled ‘‘50 Ways To Lose Your Free- the San Remo majority’s critique of has been nominated has a docket that dom’’ in which Justice Brown suggests Justice Brown’s dissent. In Lingle, the is laden with challenges to government there may be some validity to the sub- Supreme Court addressed whether a regulations and interpretations of Fed- stantive due process theory of the Hawaiian regulation that prohibited oil eral statutes dealing with economic Lochner case, she says the following: companies from charging extraor- regulation. I am not confident that ‘‘[I]f we can invoke no ultimate limits dinary rent to franchisees constituted Justice Brown will follow the law, on the power of government, a democ- a regulatory taking. The Supreme rather than her personal views on the racy is inevitably transformed into a Court held that it did not, and the law, in hearing those cases. kleptocracy—a license to steal, a war- Court explicitly rejected the test Jus- I have heard my colleagues argue rant for oppression.’’ That is a pretty tice Brown used in her takings anal- that Justice Brown will follow the law provocative statement to be sure. ysis. Like the majority in the San faithfully on the court, that she will be In 2002, Justice Brown issued a scath- Remo opinion, the Court noted that if constrained by precedent, but I simply ing dissent in a zoning case called San the ‘‘substantially advances’’ test were do not find these assurances reas- Remo Hotel v. San Francisco. In that the law of the land: suring. As Justice Brown herself ac- case, San Francisco had a requirement [I]t would require courts to scrutinize the knowledged in the Hughes Aircraft that when residential hotels were con- efficacy of a vast array of State and Federal case, ‘‘all judges ‘make law’.’’ When verted into daily hotels, the owners regulations—a task for which courts are not they are faced with questions of first pay a fee to help the government pay well suited. Moreover, it would empower— and might often require—courts to sub- impression, they have no choice. And for affordable housing that would make stitute their predictive judgments for those when they sit on a court of last resort, up for the housing that was lost in the of elected legislatures and expert agencies. as Justice Brown does now, there is no conversion. This seems like a fairly Although the instant case is only the tip of one to stop them. Federal Courts of Ap- mild requirement to me, and the ma- the proverbial iceberg, it foreshadows the peals also often hear questions of first jority of the court saw nothing wrong hazards of placing courts in this role. . . . impression. And for all practical pur- with it. But her dissent used very The Supreme Court rejected the dis- poses, they are often courts of last re- strong language to criticize the re- trict court’s decision, and the view of sort, because the Supreme Court— quirement. She said, in words that the takings clause advanced by Justice again, an important point—reviews sounds an awful lot like her speech, Brown, because it would require that only a tiny percentage of their cases. that San Francisco was ‘‘[t]urning a judges substitute their judgments for So we must ask ourselves: How will democracy into a kleptocracy.’’ In case those of elected legislatures—some- Justice Brown use her enormous power that was not strong enough, she added thing that many of Justice Brown’s as a Federal appellate judge when she that the government had imposed a supporters have spoken out against on has the opportunity to make new law? ‘‘neo-feudal regime.’’ the Senate floor. Justice Brown’s record does not give Frankly, I had a hard time imagining As a former State legislator and now me comfort in answering that question. a more extreme statement than that, a Federal legislator, I appreciate and Too often, she seems to adopt contrary but Justice Brown came up with one: respect the Supreme Court’s reluctance theories of judging and even statutory ‘‘But private property, already an en- to endorse this activist view of regu- interpretation depending on which out- dangered species in California, is now latory takings law promoted by Justice come she favors. entirely extinct in San Francisco.’’ Brown. Some in this body, including When the plaintiffs were victims of (San Remo Hotel L.P. v. City and County many who style themselves advocates employment discrimination, she sup- of San Francisco, 27 Cal. 4th 643 (2002).) of judicial restraint, would like to ported limits on punitive damages. She continued to use this dissent to enact her views by legislation. They (Lane v. Hughes Aircraft, Cal. 4th 405 showcase her extreme views on the have every right to try to do so. I will (2000).) But when the plaintiffs were takings clause: ‘‘Where once govern- fight them hard, and fortunately, so property owners prohibited from in- ment was a necessary evil because it far, they have not been successful. But creasing rent in a mobile home park, protected private property, now private for them to support a judicial nominee she opposed any limit on damages. property is a necessary evil because it who so clearly wants to use her power (Galland v. City of Clovis, 24 Cal. 4th funds government programs,’’ she said. as a judge to promote such a radical 1003.) In her dissent, she argued that the view of the law is disappointing. When the California Supreme Court zoning fee did not ‘‘substantially ad- Justice Brown’s extreme comments ruled that juries must be given a cer- vance legitimate government inter- in her opinions and speeches, and there tain instruction to protect criminal de- ests’’ and therefore was ‘‘obviously’’ are many, many such quotations that fendants, Justice Brown dissented be- unconstitutional. Justice Brown’s col- were discussed at her hearing, lead me cause of her faith in juries: ‘‘I would leagues on the California Supreme to question whether she has the tem- presume, as we do in virtually every Court rejected her analysis. They noted perament to be a fair judge. Despite other context, that jurors are ‘intel- that Justice Brown’s approach to her testimony at the hearing that ‘‘I ligent, capable of understanding in- takings law would open a Pandora’s am not an ideologue of any stripe,’’ structions and applying them to the box of judicial activism, in that courts much of her record demonstrates the facts of the case.’ ’’ (People v. Guiuan, would have to examine the wisdom of a contrary. She seems to view the world 18 Cal. 4th 558 (1998).) ‘‘myriad government economic regula- through an ideological prism, and she But she suddenly stopped trusting ju- tions, a task the courts have been expresses her views in the most divi- ries when faced with the possibility

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6178 CONGRESSIONAL RECORD — SENATE June 8, 2005 that they might award punitive dam- I yield the floor. a judge is qualified to be a judge is not ages to employers found liable for ra- The PRESIDING OFFICER. The Sen- their intelligence. It is their judgment. cial discrimination, writing: ‘‘When ator from Illinois. The test of a qualified judicial nomi- setting punitive damages, a jury does Mr. OBAMA. I thank the Chair. nee is also not whether that person has not have the perspective, and the re- I rise today to speak on the nomina- their own political views. Every jurist sulting proportionality, that a court tion of California Justice Janice Rog- surely does. The test is whether he or has after observing many trials.’’ (Lane ers Brown to the D.C. Circuit Court of she can effectively subordinate their v. Hughes Aircraft, 22 Cal. 4th 405 (2000).) Appeals. Let me begin by saying that views in order to decide each case on When property owners would benefit the last thing I would like to be spend- the facts and the merits alone. That is from a literal interpretation of a voter ing my time on right now is talking what keeps our judiciary independent initiative, Justice Brown wrote: ‘‘In about judges. I am sure that is true for in America. That is what our Founders my view the voters did not intend the many in this Chamber. I know that I intended. courts to look any further than a certainly do not hear about filibusters Unfortunately, as has been stated re- standard dictionary in applying the and judges when I go back to Illinois peatedly on this floor, in almost every terms. . . .’’ (Apt. Ass’n of Los Angeles and hold townhall meetings with peo- legal decision that she has made and Cty. v. City of Los Angeles, 24 Cal. 4th ple across the State. What I hear about every political speech that she has 830 (Jan. 2000).) But only 11 months are veterans who are concerned about given, Justice Brown has shown she is later, when those challenging an af- their disability payments and families not simply a judge with very strong po- firmative action program advocated a who are talking about how high gas litical views, she is a political activist broad interpretation of a voter initia- prices are or how difficult it is to pay who happens to be a judge. It is a pret- tive, she had a different view. She said: for college. And so I think this argu- ty easy observation to make when you ‘‘We can discern and thereby effectuate ment we have been having over the last look at her judicial decisions. While the voters’’ intention only by inter- several weeks about judicial nomina- some judges tend to favor an activist preting this language in a historical tions has been an enormous distraction interpretation of the law and others context.’’ (Hi-Voltage v. City of San Jose, from some of the work that is most im- tend to believe in a restrained interpre- 24 Cal. 4th 537 (Nov. 2000).) portant to the American people. tation of the law providing great def- When she wanted to limit the explicit Moreover, I am not so naive as to erence to the legislature, Justice right to privacy in the California Con- think that speaking to an empty Brown tends to favor whatever inter- stitution, she argued: ‘‘Where, as here, Chamber for the benefit of C–SPAN is a state constitutional protection was pretation leads her to the very same somehow going to change people’s modeled on a federal constitutional ideological conclusions every single minds or people’s votes. I recognize right, we should be extremely reticent time. So when it comes to laws pro- that most of my colleagues, on both to disregard U.S. Supreme Court prece- tecting a woman’s right to choose or a sides of the aisle, are fairly locked into dent delineating the scope and con- worker’s right to organize, she will their positions. tours of that right.’’ ( American Academy I do not expect the President to ap- claim that the laws that the legisla- of Pediatricians v. Lungren, 16 Cal. 4th point many judges of my liking. One of ture passed should be interpreted nar- 307 (Aug. 1997).) rowly. Yet when it comes to laws pro- But when the majority of her court the things I have told some of my col- leagues on this side of the aisle is that tecting corporations and private prop- relied on analysis from the United erty, she has decided that those laws States Supreme Court on the question there is only one sure way to make sure Democrats are able to block what should be interpreted broadly. When of remedies for a violation of constitu- the rights of the vulnerable are at tional rights, she said: ‘‘Defaulting to they consider to be bad judges, and that is to win elections. stake, then she believes the majority the high court fundamentally disserves has the right to do whatever it wants. the independent force and effect of our And yet I feel compelled to rise on this issue to express, in the strongest When the minority happens to be the Constitution. Rather than enrich the people who have privilege and wealth, texture of our law, this reliance on fed- terms, my opposition to the nomina- tion of Janice Rogers Brown to the then suddenly she is counter- eral precedent shortchanges future majoritarian and thinks it is very im- generations.’’ (Katzburg v. Regents, 29 D.C. Circuit. I think it is important for the Amer- portant to constrain the will of the ma- Cal 4th 300 (Nov. 2002).) jority. I urge my colleagues to review these ican people to know just what it is we Let me just give you a couple exam- cases before voting on this nomination. are getting. After the Supreme Court, ples. In a case reviewing California’s These examples lead me to conclude as my esteemed colleague from Wis- parental notification law, Justice that the jurisprudence of Justice consin just stated, the D.C. Circuit is Brown criticized the California Su- Brown is a jurisprudence of conven- widely viewed as the second highest preme Court decision overturning that ience. She is skilled at finding a legal court in the land. Three of our current law, saying that the court should have theory to support a desired result. I do Supreme Court Justices came directly remained ‘‘tentative, recognizing the not think that kind of approach to from this court. Under its jurisdiction judging should be rewarded with an ap- fall laws relating to all sorts of Federal primacy of legislative prerogatives.’’ pointment to the second highest court agencies and regulations. This is a spe- She has also repeatedly tried to over- in the land. cial court. It has jurisdiction that turn the fact that California law recog- This nominee has complained about other appeals courts do not have. The nizes Tameny claims, a line of cases ‘‘militant judges’’ while herself openly judges on this court are entrusted with that establishes that an employer does defying precedent when it suits her; the power to make decisions affecting not have an unfettered right to fire an she believes that the New Deal was a the health of the environment, the employee, but that the right has limits ‘‘socialist revolution’’ and that Amer- amount of money we allow in politics, according to fundamental public pol- ica’s elderly ‘‘cannibalize’’ their grand- the right of workers to bargain for fair icy. She says judicial restraint is crit- children for handouts; she has ex- wages and find freedom from discrimi- ical. She claims that public policy is pressed doubts about the application of nation, and the Social Security that ‘‘a function first and foremost reserved the Bill of Rights to the States our seniors will receive. It is because of to the legislature.’’ through the incorporation doctrine and this power that we deserve to give the So on these cases dealing with a has suggested a return to an era when American people a qualified judicial woman’s right to choose, worker pro- the courts regularly overturned the nominee to serve on the D.C. Circuit. tections, punitive damages, or dis- judgment of legislatures on questions Now, the test for a qualified judicial crimination, she wants the judge to of economic regulation. Putting it sim- nominee is not simply whether they stay out of the legislative decision- ply, this nominee truly does have ex- are intelligent. Some of us who at- making process. But Justice Brown treme views. To confirm her to a seat tended law school or were in business doesn’t always want the courts to exer- on the D.C. Circuit would be a grave know there are a lot of real smart peo- cise restraint and defer to the legisla- mistake. So I cannot support this ple out there whom you would not put ture. When Justice Brown wanted to nominee, and I will vote ‘‘no.’’ in charge of stuff. The test of whether limit the ability of juries to punish

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6179 companies that engage in severe dis- ing field with somehow inhibiting our recognizes an unlimited right to do crimination, a fellow judge on the Cali- liberty. what you want with your private prop- fornia Supreme Court accused her of For those who pay attention to legal erty and yet does not recognize a right engaging in ‘‘judicial law making.’’ In- argument, one of the things that is to privacy that would forbid the Gov- stead of denying it, Justice Brown de- most troubling is Justice Brown’s ap- ernment from intruding in your bed- fended her judicial activism. She called proval of the Lochner era of the Su- room. Yet that seems to be the manner it creativity. This is what she said: preme Court. In the Lochner case, and in which Justice Brown would inter- ‘‘All judges make law. It is arrogance, in a whole series of cases prior to pret our most cherished document. carelessness and a lack of candor that Lochner being overturned, the Su- It would be one thing if these opin- constitute impermissible judicial prac- preme Court consistently overturned ions were confined to her political tice, not creativity.’’ basic measures like minimum wage speeches. The fact is she has carried Justice Brown has also gone out of laws, child labor safety laws, and them over into her judicial decision- her way to use her position in the rights to organize, deeming those laws making. That is why the California courts to advocate for increased pro- as somehow violating a constitutional State Bar Association rated her as tections for property owners. In a case right to private property. The basic ar- ‘‘unqualified’’ to serve on the State’s about a developer that wanted to break gument in Lochner was you can’t regu- highest court. That is why not one a city rent control law, Justice Brown late the free market because it is going member of the American Bar Associa- dismissed the fact that a majority of to constrain people’s use of their pri- tion found her to be very qualified to the city’s voters had approved of that vate property. Keep in mind that that serve on the D.C. Circuit, and why law and thought that the case should same judicial philosophy was the un- many members of the bar association be an exception to the philosophy of derpinning of Dred Scott, the ruling found her not qualified at all. narrow judicial review. Justice Brown that overturned the Missouri Com- It is also why conservative com- believed that this case was one in promise and said that it was unconsti- mentators, such as Andrew Sullivan which ‘‘some degree of judicial scru- tutional to forbid slavery from being and George Will, while agreeing with tiny . . . is appropriate.’’ Which is it, imported into the free States. her political philosophy, simply do not Justice Brown? In some cases you That same judicial philosophy essen- see how she can be an effective judge. think we should defer to the legislature tially stopped every effort by Franklin Here is what Sullivan said: and in some cases, apparently, you Delano Roosevelt to overcome the She does not fit the description of a judge think it is appropriate for judges to enormous distress and suffering that who simply follows the law. If she isn’t a occurred during the Great Depression. ‘‘judicial activist,’’ I don’t know who would make law. What seems to distinguish be. these two types of cases is who the It was ultimately overturned because Sullivan added that he is in agree- plaintiff is, who the claimant is. Justices, such as Oliver Wendell ment with some of her conservative If the claimant is powerful—if they Holmes, realized that if Supreme Court views but thinks ‘‘she should run for are a property owner, for example— Justices can overturn any economic office, not the courts.’’ regulation—Social Security, minimum then she is willing to use any tool in Columnist George Will, not known to wage, basic zoning laws, and so forth— her judicial arsenal to make sure the be a raving liberal, added recently that outcome is one they like. If it is a then they would be usurping the rights he believes Justice Brown is out of the worker or a minority claiming dis- of a democratically constituted legisla- mainstream of conservative jurispru- crimination, then she is nowhere to be ture. Suddenly they would be elevated dence. found. to the point where they were in charge Let me wrap up by making mention Judicial decisions ultimately have to as opposed to democracy being in of a subtext to this debate. As was true be based on evidence and on fact. They charge. with Clarence Thomas, as was true have to be based on precedent and on Justice Brown, from her speeches, at with Alberto Gonzales, as was true law. When you bend and twist all of least, seems to think overturning with Condoleezza Rice, my esteemed these to cramp them into a conclusion Lochner was a mistake. She believes colleagues on the other side of the aisle you have already made—a conclusion the Supreme Court should be able to have spent a lot of time during this de- that is based on your own personal ide- overturn minimum wage laws. She bate discussing Justice Brown’s hum- ology—you do a disservice to the ideal thinks we should live in a country ble beginnings as a child of a share- of an independent judiciary and to the where the Federal Government cannot cropper. They like to point out she was American people who count on an inde- enforce the most basic regulations of the first African American to serve on pendent judiciary. transparency in our security markets, the California Supreme Court. Because of this tendency, and be- that we cannot maintain regulations I, too, am an admirer of Justice cause of her record, it seems as if Jus- that ensure our food is safe and the Brown’s rise from modest means, just tice Brown’s mission is not blind jus- drugs that are sold to us have been as I am an admirer of Alberto tice but political activism. The only tested. It means, according to Justice Gonzales’s rise from modest means, thing that seems to be consistent Brown, that local governments or mu- just as I am an admirer of Clarence about her overarching judicial philos- nicipalities cannot enforce basic zoning Thomas’s rise from modest means, just ophy is an unyielding belief in an un- regulations that relieve traffic, no as I am an admirer of Condoleezza fettered free market and a willingness matter how much damage it may be Rice’s rise from modest means. I think to consistently side with the powerful doing a particular community. it is wonderful. We should all be grate- over the powerless. What is most ironic about this is ful where opportunity has opened the Let’s look at some of her speeches that what Justice Brown is calling for doors of success for Americans of every outside of the courtroom. In speech is precisely the type of judicial activ- background. after speech, she touts herself as a true ism that for the last 50 years conserv- Moreover, I am not somebody who conservative who believes that safety atives have been railing against. subscribes to the view that because nets—such as Social Security, unem- Supreme Court Justice Scalia is not somebody is a member of a minority ployment insurance, and health care— somebody with whom I frequently group they somehow have to subscribe have ‘‘cut away the very foundation agree. I do not like a lot of his judicial to a particular ideology or a particular upon which the Constitution rests.’’ approaches, but at least the guy is con- political party. I think it is wonderful Justice Brown believes, as has al- sistent. Justice Scalia says that, gen- that Asian Americans, Latinos, African ready been stated in the Chamber, that erally speaking, the legislature has the Americans, and others are represented the New Deal, which helped save our power to make laws and the judiciary in all parties and across the political country and get it back on its feet should only interpret the laws that are spectrum. When such representation after the Great Depression, was a tri- made or are explicitly in the Constitu- exists, then those groups are less likely umph of our very own ‘‘Socialist revo- tion. That is not Justice Brown’s phi- to be taken for granted by any political lution.’’ She has equated altruism with losophy. It is simply intellectually dis- party. communism. She equates even the honest and logically incoherent to sug- The PRESIDING OFFICER. The Sen- most modest efforts to level life’s play- gest that somehow the Constitution ator’s time has expired.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6180 CONGRESSIONAL RECORD — SENATE June 8, 2005 Mr. OBAMA. Mr. President, I ask safety net to protect them against if the answers to those questions are unanimous consent for a couple min- those insecurities, people of all back- yes, that judge moves through the utes to wrap up. grounds in America want a nation process quickly. There is not much to The PRESIDING OFFICER. Without where we share life’s risks and rewards it. objection, it is so ordered. with each other. And when they make In fact, take a look at the scorecard Mr. OBAMA. I thank the Chair. laws that will spread this opportunity of what has happened with President I do not think that because Justice to all who are willing to work for it, Bush’s judicial nominees: 209 of these Brown is an African-American woman they expect our judges to uphold those nominees have almost skated through she has to adhere to a particular polit- laws, not tear them down because of the process. It did not take any time at ical orthodoxy, something that has their political predilections. all. But over the last 41⁄2 years, nine of been suggested by the other side of the Republican, Democrat, or anyone in them have run into resistance and de- aisle. Just as it would be cynical and between. Those are the types of judges bate, and that leads us to where we are offensive that Justice Brown be vilified the American people deserve. Justice today and where we have been for sev- simply for being a Black conservative, Brown is not one of those judges. I eral weeks discussing nuclear options it is equally offensive and cynical to strongly urge my colleagues to vote and constitutional crises and constitu- suggest that somehow she should get a against this nomination. tional confrontations. It is because pass for her outlandish views simply The PRESIDING OFFICER (Mr. President Bush insists on sending some because she is a Black woman. DEMINT). The Senator from Illinois. of the most extreme people to us for I hope we have arrived at a point in Mr. DURBIN. Mr. President, I ask approval. If he picks moderate people, our country’s history where Black unanimous consent that the remaining they fall into this category of 209 and folks can be criticized for holding time until 12 o’clock be allocated to move through here, but when some spe- views that are out of the mainstream, me. cial interest groups get the attention just as Whites are criticized when they The PRESIDING OFFICER. Without of the White House and say, We have to hold views that are out of the main- objection, it is so ordered. have our person, then the process stream. I hope we have come to the Mr. DURBIN. Mr. President, I thank breaks down and the debate goes on. point where a woman can be criticized my colleague. Naturally, I am a little And instead of talking about issues for being insensitive to the rights of bit inclined to be in his corner because that matter to the families of America, women, just as men are criticized when he is from Illinois and he is my col- we end up consumed in this debate over they are insensitive to the rights of league in the Senate. But I also think a judge for the D.C. Circuit Court. women. what he demonstrated in his statement So you say to yourself: Why do you Unfortunately, Justice Brown’s is the reason why he not only is so do this? Why do you spend all this time record on privacy and employment dis- highly regarded in my State of Illinois, talking about one judge, for goodness’ crimination indicates precisely such an but across the Nation, despite his new sake, out of the hundreds across Amer- insensitivity. I will give one example. status in the Senate. With his back- ica? There are several reasons. In a case where a group of Latino em- ground as a professor of constitutional No. 1, if you as a voter in America de- ployees at Avis Rent A Car was sub- law and his life experience, he has cide to choose a certain man or woman jected to repeated racial slurs in the brought special talents to this floor. I to represent you in Congress—either in workplace by another employee, the thank him for his eloquent statement the House or in the Senate—you are lower court found that Avis, in allow- on this important issue. literally giving that person a contract ing this to go on, had created a hostile I guess most people are following this to work for you, but it is a limited con- environment. Justice Brown disagreed debate and are saying: What is the Sen- tract. In the House, it is 2 years. I will with and criticized the decision. ate doing? Why are they sitting around vote for you, they will swear you in, In her opinion, she wrote that ra- debating day after day, week after and I will watch you. If you do a good cially discriminatory speech in the week about a handful of judges? Isn’t job, I may vote for you again. If you do workplace, even when it rises to the there something more important to do? a bad job, I will vote against you. It is level of illegal race discrimination, is Shouldn’t we be talking about the 2 years in the House and 6 years in the still protected by the first amendment. schools of America, whether they are Senate. It is a limited contract. So if I This was despite U.S. Supreme Court doing a good job educating our kids? make a mistake as a voter and I choose opinions that came to the exact oppo- Isn’t it about time Congress spends a someone to represent me in Congress site conclusion. few minutes talking about the cost of and I watch him and say, Who in the Justice Brown went so far as to sug- health insurance to businesses, to peo- world are they representing; they are gest that the landmark civil rights ple working, to families? Why in the not representing me or my family, I law, Title VII of the Civil Rights Act of world won’t somebody on the floor of can try to correct that wrong in the 1964, could be unconstitutional under the Senate stand up and talk about all next election—2 years in the House, 6 the first amendment. the people across America who are los- years in the Senate. The voters speak. I believe if the American people ing their pensions, people working 25, But when it comes to judges, it is a could truly see what was going on here 30 years, and they are losing every- different world. When the judges go they would oppose this nomination, thing? So why do they sit there hour through this process and get the ap- not because she is African American, after hour and day after day talking proval of the Senate, they are given not because she is a woman, but be- about a judge? What in the world is lifetime appointments. If you love cause they fundamentally disagree wrong with those people in the Senate? them, you have the benefit of their en- with a version of America she is trying Are they so out of touch with ordinary tire life on the bench committed to jus- to create from her position on the families in America? tice. If you do not like them, you are bench. It is social Darwinism, a view of Good question. It is a valid question. stuck with them for a lifetime, which America that says there is not a prob- We are spending entirely too much means these men and women who go lem that cannot be solved by making time on a handful of judicial nominees, through this process are never re- sure that the rich get richer and the nominees who, frankly, I believe per- viewed again. Except for the most ex- poor get poorer. It requires no sacrifice sonally, should never have been pre- traordinary cases of impeachment, on the part of those of us who have won sented to the Senate in the first place. they are there for life. So we take a lit- life’s lottery and does not consider who They are too radical, they are too ex- tle more time because this is an impor- our parents were or the education re- treme, they push the envelope. When it tant decision. It is a lifetime appoint- ceived or the right breaks that came at comes to the ordinary process where a ment of someone to the Federal bench, the right time. President picks a judge, it is almost and we should take the time to ask the Today, at a time when American routine around here. Oh, we take a most important questions, and we cer- families are facing more risk and close look at this person. We want to tainly should take the time when we greater insecurity than they have in know if that person is honest, has good find one who is so exceptional that it recent history, at a time when they temperament, has good legal skills, is raises many questions about policy and have fewer resources and a weaker somewhat moderate in their views, and philosophy.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6181 We should take the time to ask hard think will happen, and these judges, cause we are dealing with a basic con- questions, questions such as, Do we like Janice Rogers Brown, will be there stitutional and human right of privacy. really want this person presiding on a long after George W. Bush is off to an- As an individual in America, one Federal bench with all the power that other career, whatever it happens to should be able to exercise their right of brings for a lifetime if that person’s be. So we need to ask questions about privacy to make their family decision views are so out of step with the rest of who she is and what she believes. when it comes to family planning. So America? Is that what we want? What we do when we ask these ques- in the case of Griswold v. Connecticut, Secondly, this is an important court. tions is let her answer them. We have 40 years ago yesterday, the Supreme I will say this: One could call all 100 committee hearings where we ask the Court said: We find in this Constitution Senators together today and give them questions directly, but in other cases the basic protection of your right of a blank sheet of paper and ask them to we ask the questions in hypothetical privacy. We do not care that some reli- write down the names of all the judges terms: What does she believe when it gious groups pushed through this stat- on the D.C. Circuit Court of Appeals, comes to certain things? We look to ute in the State of Connecticut. They and I guess we could not come up with what she has said and what she has went too far. If they want to practice one or two. We kind of know who they done for those answers. their religion, they can do that. But are, but it is not as if we get up every When one looks at it, they find that they cannot impose their religious morning saying: I wonder how that she really is on the fringe. She is not a views on every family who lives in Con- D.C. Circuit Court of Appeals is doing conservative; she is something else. necticut. today. I wonder if they all showed up She is something much more extreme. So today, 95 percent of families go to for work. I wonder what cases they are She has accused the courts of a drugstore and a pharmacy across considering. No, it is not that. The D.C. ‘‘constitutionalizing everything pos- America with no questions asked and Circuit Court of Appeals has a reputa- sible’’ and ‘‘taking a few words which buy basic family planning. They know tion. It has a reputation of being the are in the Constitution like ‘due proc- what they want, and they are pur- launching pad for the Supreme Court. ess’ and ‘equal protection’ and imbuing chasing it. They have the right to do it If one can get there, the highest re- them with elaborate and highly im- because nine people sitting on the garded circuit court in America, they plausible etymologies.’’ Strip away the bench across the street said it is funda- mental to being an American. are one step away from the building highfalutin language, and we get down Listen to Janice Rogers Brown’s view across the street, the Supreme Court. to the bottom line. of what this Constitution says. Under- And, yes, we do know the names of Su- The words ‘‘due process’’ and ‘‘equal stand that when she faced the issue on preme Court Justices, and we under- protection,’’ which may be the fore- whether there would be this basic right stand that many times each year they most important words in that Con- of privacy, she was the only dissenter stitution, she diminishes because she make decisions which can change on the California Supreme Court. believes they have been used by courts America. So when we talk about the Seven justices on the Supreme Court, D.C. Circuit Court of Appeals, we are to create rights. What does she say six Republicans and one Democrat—she talking about a court with great poten- about the rights of Americans? Here is was one of the Republicans—she was tial for the judges on it, and we are what she says: Elected officials have the only dissenter. Here is what the talking about a court with jurisdiction been ‘‘handing out new rights like lol- case involved. It was the California over some of the most basic questions lipops in the dentist office.’’ She has antidiscrimination law providing of government. complained that ‘‘in the last 100 years, health benefits for women. Janice Rog- It is for those reasons, frankly, that and particularly in the last 30, the Con- ers Brown was the only dissenter. She we come to the Senate floor today to stitution has been demoted to the sta- argued that California could not re- talk about Janice Rogers Brown. She is tus of a bad chain novel.’’ quire private employers to provide con- on the California Supreme Court. Of This is a woman who wants to sit on traceptive drug benefits for women who course, that is something that has been the bench and decide what the Con- wanted them. She ignored Griswold v. brought up many times as an indica- stitution means, and the language she Connecticut. She ignored the inherent tion of at least the voters in California uses to describe what courts have right to privacy. From her point of having a positive view of who she is be- turned to in this Constitution I believe view, the State of California could pro- cause they put her on the Supreme gives us pause because we know that hibit the right of family planning in- Court. But what they do not tell us when it came 40 years ago yesterday, formation under health care plans sold about Janice Rogers Brown is that the Supreme Court across the street in that State. when she was first appointed to the found what they thought was in our She wants to turn back the hands of California Supreme Court, she was Constitution, though it was not ex- time to a day when it became a legal judged not qualified by the Bar Asso- plicit, and that was the word ‘‘pri- struggle as to whether married men ciation. Oh, they say, wait a minute, vacy.’’ and women in this country could plan she was reelected with an over- One can go through this entire Con- the size of their own families, or make whelming percentage. Ah, but that is stitution and never find the word ‘‘pri- the most intimate personal and private not the whole story. She was not run- vacy.’’ Forty years ago, the Supreme decisions without concern as to wheth- ning against anybody. It is called re- Court across the street was asked the er the Government would be watching tention. We have it in Illinois, too. following question: Can the State of over them and arresting them. What it means is you kind of run Connecticut make it a crime for a mar- So when we say that Janice Rogers against yourself. It is not as if you run ried couple to buy birth control de- Brown is a danger if she comes to the against another person. It is a ‘‘yes’’ or vices, pills, and other things? The D.C. Circuit Court, it is because she ‘‘no’’ vote on the ballot. Yes, she had a State of Connecticut said: Yes, it is a views the Constitution in such re- substantial percentage, but most crime, and we will send you to jail if stricted terms that she could write out judges running for retention do. you try to buy it, and we will send the the conclusion of privacy which the What we find in Justice Janice Rog- pharmacist to jail who tries to fill the Court found in Griswold v. Con- ers Brown is a person with such ex- prescription. necticut. That is how basic this is. treme views that it raises a serious Some people who are listening to this That is how fundamental this is. question as to whether we want to give must be saying: The Senator from Illi- This is not just another judge in an- her a lifetime appointment to the sec- nois cannot be right. You mean it was other court making decisions one will ond highest court in America, whether against the law in Connecticut to even never hear about. It is a woman who is we want to position her for ascendency buy the birth control pill? Yes, it was. poised to move to the D.C. Circuit to the Supreme Court. That is what So 40 years ago, the Supreme Court Court, the second highest court, one this boils down to. That is why this de- was asked: Can a State impose a law on step away from the Supreme Court, bate is beyond the usual debate. its people so basic as to deny them the whose view of America is very different President Bush’s term will come to right to fill a prescription for birth than what we have seen across this the end in 2008, absent some constitu- control at a pharmacy? The Supreme country over the last 40 years when it tional amendment, which I do not Court across the street said: No, be- comes to our basic rights of privacy.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6182 CONGRESSIONAL RECORD — SENATE June 8, 2005 The things she said about America And they want this person to sit on the that is not 76 percent of Texans, or 76 trouble me, too. It is not just that she second highest court in the land and percent of Alabamians, or 76 percent of is conservative. President George W. decide about safety and health for Georgians—voted to reelect Justice Bush is conservative. He calls himself a Americans? What a serious mistake. Brown to the highest court of our most compassionate conservative. He de- The last point I make, as my time populous State, not known as a bastion fends Social Security as an institution, runs out, is one expected to be said by of conservatism. though he sees its future a lot dif- a Democrat on this side of the aisle, That certainly belies the notion that ferently than I do. But when Janice but not expected to have been read in she is too conservative for the Federal Rogers Brown looks at Social Security the Washington Post on Thursday, May bench. And with respect to the remain- and the other programs that came out 26, in an article by George Will, a well- der of Senator SCHUMER’s assertion of Franklin Roosevelt’s New Deal, known conservative. He was very can- that there were no far-left Clinton what she sees is socialism. Here is what did about Justice Janice Rogers Brown. nominees who should have been dis- she said. She calls the year 1937 ‘‘the He talked about the fact that she is qualified from judicial service in the triumph of our own socialist revolu- one of the three who are part of the way he would disqualify Justice Brown, tion’’ because the Supreme Court deci- agreement here that is going to move it seems to me our friend is suffering sions that year upheld the constitu- forward. And he says: from a little memory loss. I can think tionality of Social Security. Is this a . . . Janice Rogers Brown is out of that of a number of Clinton nominees who mainstream point of view? How many mainstream. That should not be an auto- were very much on the far left of the people do we run into who say we ought matic disqualification, but it is a fact: She political spectrum and yet who, today, to get rid of Social Security because it has expressed admiration for the Supreme wear the robe of a Federal judge. My is just pure socialism, it is too much Court’s pre-1937 hyper-activism in declaring friend from Alabama has mentioned government, we do not want to have unconstitutional many laws and regulations Judge Paez, for example. Senator SES- of the sort that now define the post-New SIONS noted that Judge Paez once re- Social Security there as kind of our Deal regulatory state. . . . last effort to provide a safety net for marked that a judge ought to be an ac- In a few words, George Will says it Americans? Janice Rogers Brown es- tivist. Judge Paez said a judge ought to more elaborately. sentially reached that conclusion. Be- be an activist if he believed the legisla- She is out of the mainstream even for cause of that extreme view, she became ture was failing to address a problem. a conservative like George Will. If she the poster child for the George W. Bush That, as Senator SESSIONS points out, is out of the mainstream for George White House to put on the D.C. Circuit is the virtual definition of judicial ac- Will and other conservatives, the big Court of Appeals. Why do we have to tivism. question today is whether five Repub- reach so far afield to find someone to There are quite a few other Clinton lican Senators will agree with most fill this spot? Why do we have to turn judicial nominees who reside over on Democrats that she should not be given to someone who is so out of touch with the political ‘‘Left Bank.’’ I do not a lifetime appointment to this bench to the mainstream of America? have the time now to go through all of These are not just her philosophical make the decisions and change the them, but I would like to discuss one, musings, things she dreams up and laws and try to reverse the course of just one Clinton nominee in particular, talks about among friends. This is how America. a nominee with whom we are all very, she rules on the bench. Given the op- When it comes to matters of personal very familiar. At the time of her con- portunity, this is what we can expect privacy, when it comes to programs as firmation, she had previously made nu- in the future. She has been the lone essential as Social Security, when it merous provocative statements and dissenter in so many cases involving comes to protecting our children from public policy pronouncements. Even the rights of discrimination victims, tobacco companies and others who when looked at today, almost 30 years consumers, and workers. Case after would exploit them, do we really want removed from when they were first case, in 31 different cases, she was the Janice Rogers Brown with the last made, these statements are certainly only California Supreme Court justice word on the D.C. Circuit Court of Ap- not, by any standard, mainstream. But to disagree with the majority. She said peals? I think the answer is clearly no, our Democratic colleagues did not once in a speech: ‘‘Since I have been and that is how I will be voting. argue then, and I doubt they would making a career out of being the lone I yield the floor, and I suggest the ab- argue now, that these statements dis- dissenter, I really didn’t think anyone sence of a quorum. qualified this Clinton nominee from reads this stuff.’’ The PRESIDING OFFICER (Mr. ISAK- Federal judicial service. Sorry, Justice, we do read it. Words SON). The clerk will call the roll. I speak of Supreme Court Justice matter, especially when they carry the The bill clerk proceeded to call the Ruth Bader Ginsburg, whom I sup- weight of law and change human lives. roll. ported. Let me note that Justice Gins- I am concerned not only about the Mr. MCCONNELL. Mr. President, I burg is a learned and experienced views she has taken but the way she ask unanimous consent the order for judge. As I just indicated, I and the has expressed them. Justice Brown’s the quorum call be rescinded. vast majority of our colleagues voted extreme, often inflammatory rhetoric The PRESIDING OFFICER. Without for her. In 1993, she was approved 96 to has no place on the bench. According objection, it is so ordered. 3 for her current position on the Su- to press reports, Justice Brown and the Mr. MCCONNELL. Mr. President, in preme Court. We did so, even though in chief justice of her court are on such listening to our Democratic colleagues her private capacity she had made bad terms they do not even speak to discuss the President’s judicial nomi- some very thought-provoking com- one another; they communicate by nees, I have often thought if I had a ments on public policy issues. She memo. Boy, is that the kind of person dollar for every time they use the theoretically mused. These kinds of we would like to have on a bench mak- words ‘‘far right’’ or ‘‘extreme,’’ I could theoretical musings frequently occur, ing big decisions, where she reaches the one day retire a rich and happy man. as we all know, in academia and other point where she cannot even talk to Some have reached new heights, extrajudicial writings. This is a good her fellow justice? though, in histrionics and hyperbole in thing, frankly, in terms of having a In her lone dissent in the case involv- discussing the Janice Rogers Brown healthy marketplace of ideas. While ing cigarette sales to minors, selling nomination. people’s opinions should be considered tobacco to kids, Justice Brown wrote: For example, our very good friend in evaluating their fitness for the ‘‘The result is so exquisitely ridiculous from New York, Senator SCHUMER, ac- bench, the fact that someone makes a it, it would confound Kafka.’’ She also tually said yesterday he could not thought-provoking comment is not wrote in her dissent in this case that think of any judicial nominee of Presi- necessarily a reason to bar them from ‘‘the majority chooses to speed us dent Clinton who was as far to the left judicial service. This appears, however, along the path to perdition.’’ as Janice Rogers Brown is to the right. to be the standard our Democratic Really? Regulating cigarette sales to Just as an initial matter, many Sen- friends would apply to Justice Brown. kids is going to be leading us on the ators on this side of the aisle have So I ask my friends, what would be road to hell? Too much government? noted that 76 percent of Californians— their view of Justice Ginsburg, under

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6183 the new standard that they seek to time and maybe later they are not so of a judge is: Will they study the law apply to Justice Brown? For my friends sure they agree with. But we don’t and will they be faithful to it? Will on the other side of the aisle whose want to intimidate Americans and say they read it and study it? recollections may be just a bit foggy, you can never be a Federal judge if you But with regard to these statements, let me remind them of some of her don’t say anything but vanilla state- wouldn’t you say that compared to thoughts. She once proposed—this is ments your entire life. I thank him for what you have mentioned, and some of Justice Ginsburg, for whom I voted and his wise insight there. the statements made by some of the who has had a distinguished record on It does seem we have a double stand- Clinton nominees, that Justice Brown’s the Supreme Court. We are not arguing ard here. It seems there has just been a statements are mild, indeed? about that. But she once proposed abol- deliberate effort to go back and sift Mr. MCCONNELL. I would certainly ishing Mother’s and Father’s Day in through, bit by bit, line by line, agree. I know that Senator BOXER favor of a unisex ‘‘Parents’ Day.’’ speeches and statements and writings made much ado about the fact that She also called for making prisons of nominees to try to take them out of Justice Brown had dissented 31 times and reformatories co-ed, and sex inte- context and make them appear to be on the California Supreme Court. But grated. extreme when her record is one of our good friend from California ne- She argued that restrictions on biga- mainstream, effective service. Justice glected to mention that this puts Jus- my were of questionable constitu- Ginsburg was not a nominee, certainly, tice Brown about in the middle of the tionality, and she opined that the U.S. that I would choose to nominate for pack, in terms of the number of dis- Constitution might guarantee a right the Supreme Court, but the Senate did sents issued on the California Supreme to prostitution. not bar her from service on the Court, Court. In addition, I would point out to She argued that there is a constitu- the highest court in this land, because my good friend from Alabama—because tional entitlement to have the Govern- of her extrajudicial statements that of the esteem in which she is held by ment pay for abortions. And, inciden- you just mentioned that are quite un- her peers out there on the California tally, when she made this assertion, usual, that she made in law review ar- Supreme Court—Justice Brown was se- the Supreme Court had ruled not once ticles and such, even though her lected to write the second-highest but twice that there was no constitu- thoughts and comments were out of number of opinions on the court, sec- tional right to have taxpayers pay for the mainstream. ond only to the Chief Justice of that abortions. I was not there at the time and the court. And numerous California jurists Justice Ginsburg has even suggested Senator was. But was it not true that, have, to put it mildly, enthusiastically that statutory rape laws were discrimi- at her confirmation hearing, Justice endorsed this nomination—the people natory, and that the ‘‘current penalty Ginsburg swore under oath she would who know her best. of 15 years for a first offense is exces- follow the law, and was it not also true Mr. SESSIONS. I couldn’t agree sive.’’ She also suggested the adoption that during her service on the D.C. Cir- more. As I recall from the letter that of a statute that would, among other cuit Court of Appeals she often voted was sent to Senator HATCH, then-chair- things, lower the age of consent for with Judge Bork and other conserv- man of the Judiciary Committee, all of sexual activity to age 12. ative judges? In other words, just be- her colleagues on the California Court Given their past enthusiastic support cause she made these statements, once of Appeals, which is just below the Su- for Justice Ginsburg’s nomination—a she put on that robe and read the briefs preme Court of California, have sup- nomination which I also supported— of the parties, she had some record ported her, and four of the six sitting compared to their current vigorous op- that indicated she was committed to Justices on the California Supreme position to Justice Brown’s nomina- the rule of law? Court have overwhelmingly, strongly tion, our Democratic colleagues must Mr. MCCONNELL. The Senator from advocated for her confirmation. It be saying one of two things: Either Alabama is absolutely correct. She seems to me the idea that she is out of they believe that Justice Ginsburg’s swore she would uphold the law. You the mainstream is farfetched and musings about a possible constitu- are absolutely right. When she put on stretched. tional right to prostitution and the the robes, she was no longer sort of I will ask one more question of the need to abolish Mother’s and Father’s musing and making provocative Senator. Isn’t it true and isn’t it sad Day and all the rest are in the main- thoughts; she was making law. In fact, that in this attempt to portray this stream—they either believe those com- I think the record reflects that one nominee and others in a negative light, ments are in the mainstream, or they year on the D.C. Circuit, before she was that there has been, unfortunately, a are saying it is OK for a Democratic elevated to the Supreme Court, then- tendency to take things out of context? nominee to the Nation’s highest court Judge Ginsburg on the D.C. Circuit And isn’t it true that some of these to make provocative statements like voted with then-Judge Scalia 95 per- statements, that might seem a bit that, but it is not OK for a Republican cent of the time and voted with Judge strange or hard to understand, are not nominee to a lower court to make Bork, believe it or not, 100 percent of so hard to understand in the context of thought-provoking statements about the time—100 percent of the time. the entire remarks? Would the Senator policy issues. That, in spite of the fact that she had agree that is a problem today in the I would be surprised if my Demo- made some rather provocative—I think Senate? cratic colleagues believed that these we would all agree—observations on a Mr. MCCONNELL. I think the Sen- various musings of Justice Ginsburg variety of different issues that I expect ator from Alabama is entirely correct. were in the mainstream. In fact, I the Senator from Alabama, and I, and It is simply amazing for our Demo- think they don’t believe they were in the Senator from Georgia in the chair, cratic colleagues to say that Justice the mainstream. So what we must and I bet virtually everybody on the Brown, for example, has embraced the have, then, is truly a double standard. other side of the aisle would consider Lochner decision, when she has taken I see my friend from Alabama is on way outside of the mainstream to the the opposite position and written in a the floor. I ask if Senator SESSIONS is left. published opinion that Lochner was a seeking time? Mr. SESSIONS. I couldn’t agree more ‘‘usurpation of power’’ and the Lochner Mr. SESSIONS. Mr. President, I ask with the Senator from Kentucky. That court seemed to believe it could ‘‘alter if the Majority Whip will yield for a whole insight and principle cannot be the meaning of the Constitution as question? lost here. We can’t expect people to be written.’’ Indeed, many times her posi- Mr. MCCONNELL. I am happy to just ‘‘Milquetoast’’ human beings and tion has been essentially misrepre- yield. never engage in debate over important sented. Mr. SESSIONS. I thank him, first, issues in America and never make a To get back to the basic point of our for his insightful remarks. It is cer- provocative statement or they cannot exchange, we ought not hold against tainly appropriate and important that be confirmed to the Federal bench. nominees—particularly those who have we distinguish between an American Frankly, as one who practiced a lot of written a good bit, published a good citizen’s right to speak and say things law, and I note the distinguished Ma- bit—their provocative statements. We that may be on their heart at a given jority Whip has, as well, the true test clearly did not do that against Justice

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6184 CONGRESSIONAL RECORD — SENATE June 8, 2005 Ruth Bader Ginsburg, nor should we We ought to be sure their reasoning, to do with it what we want you to do have. We ought not do that in this un- their thought processes, the context of with it, but we are not going to pay fortunate attempt to demonize Justice what they are doing, is brought to the you a dime for the ability to have that Janice Rogers Brown, who has had by attention of the American public be- property set aside for what we want it any standard not only an outstanding fore we start twisting it to make them to be set aside for. life story but an outstanding record on look like someone who is not in the That is why people who are con- the California Supreme Court. mainstream. cerned about property rights in Amer- I thank my friend from Alabama for I will talk about a couple of things; ica are upset about the abuse of zoning. being here during this discussion. We there are many we could talk about. I But normal zoning goes on every day. hope this will help put the whole issue will mention a few cases specifically And there is not one shred of evidence of provocative musings and writing that have been referred to by the at- that Janice Rogers Brown opposes all into context as a relevant factor in tack groups that are attempting to put zoning. In fact, she, as I said, had two considering how we are going to vote down these nominees, and by Senators other judges join with her in that im- to confirm judicial nominees. who have picked up on it—maybe they portant case. Justice Brown, in the Mr. SESSIONS. If the Senator will are not lawyers, maybe they are—but case, complimented the State of Cali- yield, I will follow up on that. perhaps have not fully comprehended fornia for having a laudable regulation I remember President Clinton nomi- what the case is about or have been to try to provide more housing oppor- nated quite a number of justices, careless with the facts. tunities for low-income individuals. judges, who were active members— One of the charges some have heard, She said that in her dissent, but noted some lawyers—for the American Civil I think made again today, is that Jan- that the California takings clause pre- Liberties Union. If you look at the ice Rogers Brown opposes all zoning cluded the Government from achieving American Civil Liberties Union Web laws. That is not true. That is abso- that goal by police power regulation. site, they favor and believe the Con- lutely not true. One Senator, I believe Another case that still bothers me— stitution allows the legalization of Senator DORGAN, said she believes that I mentioned it yesterday; and it is drugs; that there cannot be a law zoning laws are the equivalent of theft worth talking about again—is the against legalization of drugs. and are unconstitutional. That is not Aguilar case. Senator BOXER and I They oppose all pornography laws— true. That is not a fair characteriza- think maybe others on the floor have even child pornography laws—on their tion of her record. said that Justice Brown, an African Web site. This is what the San Remo case was American, the daughter of a share- We confirmed Marsha Berzon from about. First, she never said the zoning cropper from rural Alabama—she grew California. She was chairman of the laws were unconstitutional. But the up not too far from where I grew up— litigation committee of the ACLU. San Remo case in California came be- had said, in her opinion, that it was OK There were quite a number of other fore her. It involved a Draconian, over- for Latinos to have racial slurs uttered members of the ACLU. We gave them a reaching zoning law that forced hotel against them in the workplace, that fair hearing. We asked their views. owners—I know the Presiding Officer that was the position of Justice Janice Some were answered satisfactorily to has had some association with real es- Rogers Brown. my view and some were not. Fun- tate—forced hotel owners who wanted Now, this was the case of Aguilar v. damentally, the question was, will you to convert low-income residential units Avis Rent A Car System. It involved a follow the law of the Supreme Court? to hotel units to pay a large fee or re- court injunction that barred a manager Will you be faithful to those laws? Do place the residential units that would of the company from using various ra- you have a good reputation among be lost. It was a takings case. It was a cial epithets in the future, raising your colleagues? Have you a record of question of whether this zoning law grave first amendment concerns as a integrity and achievement? had taken away the ability of private prior restraint. Justice Brown, in her Most of those judges, virtually all of property owners to use their property dissent, stated: ‘‘Discrimination on the them, were confirmed. to the highest and best use. basis of race is illegal, immoral, uncon- Mr. MCCONNELL. The Senator from That is a big deal in America today. stitutional, inherently wrong, and de- Alabama is correct, and Berzon and Even the liberal Supreme Court of structive of democratic society.’’ As to Paez were the poster children for nomi- California was troubled by it. It was a the specific slurs, she called them: nees out of the mainstream to the left, 4-to-3 vote. Justice Brown was one of ‘‘disgusting, offensive, and abhorrent.’’ yet the Senator from Alabama and oth- the three, but she was not the only one In her dissent, however, she relied on ers, and myself, joined in making sure who dissented from this rule. Her dis- the precedent of the Supreme Court of these two nominees—dramatically out sent was consistent with U.S. Supreme the United States, in expressing her of the mainstream, to the left—got an Court precedent on property. concern about an injunction that up-or-down vote in the Senate. When The classic case, not too far from the placed an absolute prohibition, a prior they did, they were confirmed. State of Georgia, was North or South restraint, on speech. Again, the court Mr. SESSIONS. I thank the Senator Carolina. The person bought a lot on in this case was divided, 4 to 3. One of for his wisdom and his fine comments the beach, paid a lot of money for this, the dissenters who joined with her was today. was going to build a dream home on the liberal icon, Justice Stanley Mr. MCCONNELL. I yield the floor the beach. They came along and said: Mosk—her colleague on the bench who and suggest the absence of a quorum. We are going to rezone this and you is recognized as one of the great, most The PRESIDING OFFICER. The cannot build a house on the beach. prominent liberal judges in America— clerk will call the roll. He put all of this money in a lot that because speech is important. The assistant legislative clerk pro- he was going to build his dream house I offered into the RECORD Monday an ceeded to call the roll. on and they said: You can keep the article by Nat Hentoff in which he Mr. SESSIONS. Mr. President, I ask sands, Mr. Property Owner, but you dealt with this particular case. He is a unanimous consent that the order for cannot build a house on it. The Su- great civil libertarian lawyer. He has the quorum call be rescinded. preme Court of the United States of committed his life to American civil The PRESIDING OFFICER. Without America said—and the same principle I liberties. He believes in free speech. He objection, it is so ordered. believe applies in California—that this said the majority opinion in Aguilar Mr. SESSIONS. Mr. President, may I was an effective taking of the value of was an outrage, that it was totally take a few minutes to go over some of that property. wrong, that she was exactly correct, the concerns that have been raised If the Government wanted to take it that this was a prior restraint of free about Justice Janice Rogers Brown’s and make it a wildlife refuge, they speech that could not be done under rulings on some cases? ought to take the property and pay these circumstances. So saying that As the Senator from Kentucky and I them the fair market value for it. But Justice Brown believes it is OK for discussed, some of her statements have what the zoning guys wanted to do, you Latinos to have racial slurs uttered been taken out of context. It is not see, is just say: You cannot use it. You against them in the workplace is not a fair. We ought to be fair to nominees. cannot do anything with it. You have fair thing to be saying about her.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6185 Senator BOXER also argued against ing up for someone who could have been treated. I do not think this has Janice Rogers Brown, saying that been a victim of discrimination? Janice been one of the Senate’s proudest Brown ‘‘argued that messages sent by Rogers Brown. hours. an employee to co-workers criticizing a Another Senator said that ‘‘she fa- I think this nominee has such an out- company’s employment practices was vors the powerful over the powerless.’’ standing personal story to be told, and not protected by the First Amendment. But how about her lone dissent in In re I will not repeat the history of where In other words, you can’t use your e- Visciotti—only she dissented in this she was born and where she was edu- mail to write anything about your em- case—where she said a defendant’s cated and what she has been through, ployer to another employee.’’ death sentence should be overturned, but she has lived the American dream, That is what Justice Brown has been because the defendant did not have an and she has lived it well. She did not accused of doing in her role as a judge. adequate counsel, he was given ineffec- just complain about her status. She But the truth of the case is quite dif- tive assistance of counsel. She was worked and got an education. She ap- ferent from that. Senator BOXER is ap- very vigorous in her dissent in explain- plied herself. She has been given oppor- parently referring to Intel v. Hamidi. It ing why she thought it was inadequate tunities, and she has taken advantage involved a disgruntled employee who and why she thought this individual of them. flooded Intel Corporation’s servers deserved a new trial. I am proud to say I support her nomi- with over 200,000 spam E-mails, a cost- Well, those facts, to me, do not indi- nation. I think she will make an excel- ly disruption of the business. It raised cate we have a justice who is out of the lent judge. I really do believe most op- serious nuisance and trespass to chat- mainstream or a justice who is not position to her has just been simply tel issues. The question in the case was willing to defend individuals with no the fact that she is an African-Amer- whether you could commit a trespass power, no prestige, no money, those ican conservative woman. I do not to chattel through electronic commu- who deserve a fair hearing by a court. think we should vote for or against nications. The California Supreme It is clear she is willing to give it to judges because they are conservative, moderate, or liberal. I think we should Court said no because there were no them, to give them that fair hearing, vote on them based on their back- damages to the computer system nor and to dissent even if six other justices ground, their education, their experi- impairments to the way it functioned. on the liberal California Supreme ence, their decorum. Do they have the Justice Brown’s dissent noted that Court do not agree with her. So the ethics for the job? Do they have con- Intel had invested millions of dollars to other justices did not agree, but she stood up for these people. That is her flicts of interest? develop and maintain its computer sys- If they meet all of those qualifica- tem to enhance the company’s produc- record. That is her heritage. She is a wonderful, wonderful nomi- tions, in my opinion, they should be tivity and had a right to protect that confirmed. That is what Presidential property from unauthorized abuse by nee. I am pleased she is up. Hopefully, we will get her nomination confirmed elections are about. They are about 200,000 spam e-mails. It was a 4-to-3 electing men or women to that office vote, again. Two justices on the Cali- today, and she can take her place on the federal courts of the United States. who will nominate people to the Fed- fornia Supreme Court joined with her. eral judiciary who agree with their phi- This is not an extreme position to It will be a good day for America and a proud day for the people of Alabama losophy. When President Clinton nomi- take, for heaven’s sake. She again nated people to the Supreme Court— found herself on the side of liberal Jus- who have seen her do well. Mr. President, I see my colleague and I have said this before, but I repeat tice Richard Mosk. He argued that the from Mississippi, Senator LOTT. I yield it again—when he nominated Ruth injunction should have been upheld be- the floor. Bader Ginsburg to the Supreme Court, cause he was intruding upon Intel’s The PRESIDING OFFICER. The Sen- I knew I did not agree with her philos- proprietary network and his e-mails ator from Mississippi. ophy. I knew I would not agree with were equivalent to, according to Judge Mr. LOTT. Mr. President, I thank the many of her decisions in the Supreme Mosk, ‘‘intruding into a private office Senator from Alabama, Mr. SESSIONS, Court. But she was qualified by experi- mail room, commandeering the mail for his leadership on the Judiciary ence and by education, by every cri- cart, and dropping off unwanted broad- Committee and his aggressive support teria that we should evaluate, and I sides on 30,000 desks.’’ That is what the for this fine nominee to serve in our voted for her. I voted to confirm other liberal Justice Mosk said in agreeing Federal judiciary. judges whom I did not agree with philo- with Janice Rogers Brown. It is a great pleasure for me to rise sophically. So, goodness, it is a sad thing that we today in support of the confirmation of There have been attacks on Justice have to deal with these kinds of distor- the Honorable Janice Rogers Brown to Brown that she has a philosophy of life, tions of a fine justice’s record. If this is the U.S. Court of Appeals for the DC certain moral values, as though that is all they can find to complain about, Circuit. disqualifying. I do not understand that. statements that are perfectly normal There are a lot of people who I would Are we not entitled to our opinions, and proper, then there must not be like to commend and congratulate for personal opinions, even as judges, let much out here against this nominee. bringing us to this point of justice for alone as Senators? We certainly have One Senator says: ‘‘If a minority a very fine nominee to our Federal ju- ours and express them routinely. I claims they are being discriminated diciary. We can be critical of how we think judges have a right to have per- against, she is nowhere to be found.’’ reached this point, the so-called com- sonal and private lives and to be able Well, first of all, she is a minority. promise that was developed by the 14 to give a speech in which they state po- She left Alabama, I am sure, in some Senators who came together. You can sitions which may not necessarily be part, because when she was young, seg- give credit to the leaders in both par- reflected in reasoned decisions as regation was afoot and discrimination ties in certain respects. But the fact of judges. You can have an opinion, but if was very real to African Americans. the matter is the Senate voted finally the law is on the other side, you have She went to California. She com- to give Justice Brown an up-or-down to rule that way. There was a recent menced her legal career and her edu- vote. I am proud of that. decision by a Federal district judge in cation and became a member of the I think the Senate should take some my own State that I don’t agree with, California Supreme Court. But he ac- pride and credit for allowing this nomi- and I know he doesn’t agree with it cuses her of not being found on dis- nee to reach this point in the debate personally. But he upheld the law in a crimination. But what about her lone and in the voting process. I was very reasoned decision. That is what dissents? She authored a lone dissent pleased, yesterday, to see that 65 Sen- has happened with Justice Brown. She in People v. McKay, where an African ators voted to invoke cloture to bring has strong beliefs based on her life ex- American man was riding his bicycle this nomination to an up-or-down re- perience, but she hasn’t tried to impose the wrong way on a street and the po- corded vote. So a lot of people deserve those in an unfair way as a member of lice stopped him, searched him, found credit, and I want to make sure they the California Supreme Court. Yet she drugs and prosecuted him. She said have it. I want to thank them for it. is attacked—attacked relentlessly and, that was racial profiling. She was the I also want to ask for the forgiveness in my opinion, unfairly and inac- only one who said that. Who was stand- of this nominee for the way she has curately on many occasions.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6186 CONGRESSIONAL RECORD — SENATE June 8, 2005 For instance, she has been attacked nors is against the law and those guilty There being no objection, the mate- here for a quote in her dissent in Ste- of it should be punished. rial was ordered to be printed in the venson v. Huntington Memorial Hos- To suggest that she did not feel this RECORD, as follows: pital in which she distinguished age way is totally inaccurate. Yet that has In Hamilton v. Asbestos Corp., she au- discrimination from race discrimina- been said on the floor of the Senate thored the court’s opinion on a statute of tion. Based on this quote, they suggest during the days of debate we have had. limitations issue that allowed an injured Justice Brown doesn’t believe in public There are some people who don’t ex- plaintiff more time in which to file a per- policy against age discrimination. To sonal injury claim against various asbestos actly share her views who have en- defendants. draw this conclusion based on what dorsed her. I read one newspaper col- In County of Riverside v. Superior Court, Justice Brown wrote is as wrong as umn being very critical of her, saying she wrote the court’s opinion holding that, making the same accusation against she should not be confirmed. But it under the Public Safety Officers Procedural the U.S. Supreme Court, which drew went on to say that she has routinely Bill of Rights, a peace officer is entitled to the same distinction in Massachusetts written the decisions of the court, that view adverse comments in his personnel file Board of Retirement v. Murgia, a case her decisions are interesting, almost and file a written response to a background investigation of the officer during proba- Justice Brown cited. lyrical, and very professional. Yet you It should be added that both Justice tionary employment. maintain in the same column she is not Ramirez v. Yosemite Water Company, she Brown and our Nation’s highest court qualified? joined in the court’s opinion validating State are correct. All of us will eventually In fact, in a recent column, law pro- regulations regarding overtime pay. get old, and we have parents and grand- fessor Jonathan Turley, a self-de- In Pearl v. Workers Compensation Appeals parents. But most of us will never scribed pro-choice social liberal, points Board, she upheld the role of the Board in know what it is like to be Black or His- out that ‘‘Brown’s legal opinions show applying a stringent standard of ‘‘industrial causation’’ for a worker’s injury, validating panic in America, to be pulled over for a willingness to vote against conserv- no reason other than your skin color, the state’s role in ensuring worker safety. ative views . . . when justice demands And in McKown v. Wal-Mart Stores, she to have grandparents or parents who it’’ and that Democrats should confirm wrote, again for the court’s majority, that did not get to go to college or even sit her. the employer of an independent contractor is at the same lunch counter or drink Even though Justice Brown has ex- liable for injury to the independent contrac- from the same water fountain. pressed personal opinions against too tor’s employee caused by the employer’s neg- These charges are totally out of line ligent provision of unsafe equipment. much government regulation, she has with other decisions that she cited and consistently voted to uphold regula- Mr. LOTT. I yield the floor. with her own life experience. tions in every walk of life. You mean The PRESIDING OFFICER. The Sen- She has been attacked for opposing ator from Oregon. Social Security and Medicare as social- to tell me that you are disqualified for the Federal judiciary if you think that Mr. SMITH. Mr. President, I come to ist programs that should be reversed. the floor to speak on behalf of a woman This is completely untrue. Not a single there are too many government regula- tions? I certainly believe there are. I I have never met, Janice Rogers opinion of hers suggests that she op- Brown. I do so also to note the deli- poses these programs. In fact, the would hope that we would have Federal judges that would quit compounding it cious irony in the recent comments by ranking member of the Judiciary Com- the chairman of the Democratic Na- mittee directly asked her whether she by writing more and more regulations of their own. tional Committee, former Governor regards New Deal programs such as So- Howard Dean. I am told that yesterday Justice Brown joined in an opinion cial Security, labor standards, and the Mr. Dean said: Securities and Exchange Commission upholding the Safe Drinking Water and Toxic Enforcement Act of 1986, and ex- Republicans are not very friendly to dif- as socialist, and she replied, unequivo- ferent kinds of people. They are a pretty cally, ‘‘no.’’ Has she raised some ques- pansively interpreted the act to allow monolithic party, behave the same, and they tions about some of those programs in the plaintiffs to proceed with their all look the same. You know, it is pretty her private speeches or even her public clean water claims. Justice Brown much a white Christian party. speeches? Perhaps so. I think it could upheld the right of plaintiffs to sue for The delicious irony is that we have be done on a principled and substantive exposure to toxic chemicals using the been here arguing on behalf of an Afri- basis. But, again, that doesn’t dis- Government’s environmental regula- can-American woman of great distinc- qualify her. If you look at the rea- tions. Justice Brown upheld Califor- tion for over 4 years. Other names like soning she has used while a member of nia’s very stringent consumer safety Miguel Estrada come to mind, and the the California Supreme Court, you will standards for identifying and labeling fights we have had to confirm members see that she cites the law and upholds milk and milk products, thereby ensur- to the Federal judiciary of all walks of the law. What she may have said in ing that the government has a role in life, of all kinds of diversity, of all some speech should not disqualify her. protecting the safety of our children kinds of hyphenations, if you will, who Senators here have cited a list of in- and all Californians. happen to be Republicans, who happen terest groups who oppose Justice Justice Brown joined in an opinion to be conservatives, but certainly rep- Brown. But consider this. She is on the validating State labor regulations re- resent every race, every ethnic back- Supreme Court in California, not ex- garding overtime pay. The list goes on ground, and every national origin. Yet actly a hot bed of conservatism or and on and on. the chairman of the Democratic Na- moderation. She was retained by the I believe Justice Brown has been very tional Committee would make a state- California voters by a margin of 76 per- unfairly charged. She is highly quali- ment like that. That is something that cent of the vote, the highest margin of fied. Some would even maintain she should not be missed by the American the four California Supreme Court jus- has been willing to take this abuse and people. tices on the ballot, six points higher to step down to this court that is not I am not a terribly partisan person. I, than Stanley Mosk, a well-known lib- superior to the one on which she now frankly, think the American people are eral jurist in the State, and higher sits. She has been willing to go through deeply weary of all the partisan bick- than California’s chief justice. The peo- this crucible to be confirmed. She ering and name calling. But I also want ple believe she is a good supreme court should be confirmed. I am pleased to to note the contrast of style between justice, qualified, and has been rational see a woman, a nominee of this caliber, Chairman Dean and Chairman Mehl- and moderate in her views on the su- with her American life story, be nomi- man of the Republican National Com- preme court, or they wouldn’t have nated. I believe, and I certainly hope, mittee. Ken Mehlman has gone out of voted for her with 76 percent of the she will be confirmed. I think that his- his way to speak at African-American vote. tory will prove that she will be an out- universities, to speak to all kinds of She has been attacked for her dissent standing member of the Federal judici- groups, to include them in the Repub- in a case against companies that sold ary. lican Party. cigarettes to children. The truth is, I ask unanimous consent to place fur- I also want to make this comment. Justice Brown clearly wrote in her ther examples of rulings by Justice When I read the other day Chairman opinion that selling cigarettes to mi- Brown in the RECORD. Dean’s saying ‘‘I hate Republicans,’’ I

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6187 want to say that I do not hate Demo- judge. We have worked with her on a daily These very important legal issues crats. Some of the finest people in this basis and know her to be extremely intel- and questions interpreting the legisla- Chamber sit on that side of the aisle. ligent, keenly analytical, and very hard tion which we have passed and have up- They are my friends, as are my Repub- working. We know that she is a jurist who dated are the same ones that will come applies the law without favor and without lican colleagues. This kind of hate bias, and with an even hand. to the D.C. Circuit. speech really doesn’t have a productive As impressive as the life of this It is notable what many of her col- place in our political discourse. It is nominee is, if we are really interested leagues have said before. She was born important to recognize the humanity in what is going to happen in the D.C. in 1949 in Alabama to sharecroppers. of Republicans and Democrats and the Circuit as it affects constitutional She attended segregated schools and diversity that each party has as they rights and liberties, as well as legisla- came of age in the midst of Jim Crow try to include majorities of the Amer- tive actions we have taken, it is fair to laws. Jim Crow laws were not a prod- ican people. insist that the person who is nomi- uct of Republicans. I, for one, am tired of the bravado. I nated is going to have a core commit- Janice Rogers Brown, however, is a am tired of the hyperbole. I am tired of ment to the constitutional values and conservative. Some conservatives, of the name calling. But I do want to say also a healthy respect for actions that course, have stated that she is more of that we in the Republican Party are have been taken by Republicans and a libertarian than a conservative. But I trying to include people, women and Democrats and legislation that has guess that is bad enough as far as lib- minorities, who have historically been been signed by the President. Using ei- eral Democrats are concerned. At the kept out of public service and much of ther of those standards, this nomina- heart of her judicial philosophy is the the benefit of American law in our his- tion fails. I wish to take a few mo- notion that property rights and eco- tory. And I do not think that should be ments to elaborate on that issue. nomic liberty deserve judicial protec- condemned. I think that is to be cele- The D.C. Circuit is widely considered tion. brated when both parties do that. the second most important court in the In an opinion on a California rent I, for one, see the Republican Party country after the Supreme Court. It is control ordinance, Justice Brown stat- and our chairman doing that in a dra- the court that most closely oversees ed in her dissent: matic and constructive way. Chairman the actions of Federal agencies, and its Dean’s comments are not worthy of the . . . arbitrary government actions which in- duty is to give a fair hearing in cases fringe property interests cannot be saved great Democratic Party. I am not here on governmental protections, environ- from constitutional infirmity by the bene- mental laws, civil rights, workers’ to pick a fight with him, but I do want ficial purposes of the regulators. to note that I and others, particularly rights, and on public health and safety. That is, the government and politi- on the Judiciary Committee, have for a Nominees to this important court cians cannot arbitrarily take away a long time been waging the fight for an should have a clear commitment to up- person’s right to property for the African-American woman who deserves holding the law in these areas. And ‘‘common good.’’ to be confirmed to the DC Circuit Janice Rogers Brown’s record shows Critics charge that Brown will be un- Court of Appeals. not only that she lacks the commit- able to separate her personal ideology Any fair reading of Justice Brown ment but that she is hostile to any and philosophy from judicial rulings. has to remember that for over 25 years form of governmental action. Justice Brown has stated: she has provided public service through Although located here in the District her legal skills. She has most recently I do recognize the difference in the role be- of Columbia, the D.C. Circuit affects tween speaking and being a judge.’’ been a member of the California Su- all Americans because its decisions preme Court, since 1996. She is the first I urge the confirmation of this distin- have broad national impact. Some African-American woman to sit on that guished African-American woman and cases, such as those involving review of court. Prior to her appointment to the ask my colleagues to support her. national air quality standards under California Supreme Court, she was an The PRESIDING OFFICER (Mr. the Clean Air Act and national drink- associate justice of the California CHAFEE). The Senator from Massachu- ing water standards under the Safe Court of Appeals. From 1991 to 1994, she setts is recognized. Drinking Water Act, can only be heard served as a legal affairs secretary to a Mr. KENNEDY. Mr. President, Janice in the D.C. Circuit. former colleague of ours from Cali- Rogers Brown should not be confirmed In this country over the last 4 years, fornia, the former Governor Pete Wil- to the D.C. Circuit. I listened to the el- we have doubled the deaths of asth- son. Her office monitored all signifi- oquent statement of my friend from matic children in this Nation. Why? I cant State litigation and had general Oregon. This is not an issue where we think we can point to it: because of the responsibilities for acting as legal liai- are voting on a life story. What we are relaxation and the change in the Clean son between the Governor’s office and talking about is a vote for a nominee Air Act and the relaxation of rules and executive departments. She performed to the D.C. Circuit and whether that regulations. As a result of that, chil- the heavy duties of her office with un- person’s votes will be consistent with dren in downwind States from a lot of failing fidelity. And Governor Wilson our constitutional values and will that these companies that are burning tox- wrote in his letter to UCLA’s nomi- person have an understanding of the ins have experienced a dramatic in- nating committee: very special role the D.C. Circuit has in crease in breathing difficulty and in interpreting the laws which have been She often told me what I did not wish to asthma deaths. That is directly attrib- hear. passed by the Congress and which are utable to the change in the rules and subject to the D.C. Circuit Court’s in- regulations of the Clean Air Act. When In her 9 years on the California Su- terpretation. That is enormously im- there are new rules and regulations to preme Court, Justice Brown has earned portant because there are so many of the Clean Air Act and they are chal- a solid reputation of being fair and those laws that provide important pro- lenged, they go to the D.C. Circuit. The competent in her jurisprudence and as tections—for example, OSHA legisla- D.C. Circuit makes a judgment that one who is committed to the rule of tion and whether we are going to have will have a direct impact, for example, law. In fact, it needs to be said again safe working conditions for workers. on whether your child or children may and again what was written of her by 12 As a result of the passage of the very well have enhanced problems with of her current and former colleagues in OSHA legislation, across this country asthma. the California judiciary. It is a bipar- we have seen a reduction in the number I have a chronic asthmatic son who tisan group, as many Democrats as Re- of deaths of workers in plants and fac- happens also to be a Congressman. I publicans. They wrote: tories and construction reduced by follow this issue very closely. I know Much has been written about Justice half. We have made progress. There are what has been developing over recent Brown’s humble beginnings, and the story of those forces who want to weaken OSHA times in terms of the relaxation of the her rise to the California Supreme Court is truly compelling. But that alone would not because many of the companies believe Clean Air Act. We can directly at- be enough to gain our endorsement for a seat the penalties under OSHA are a cost of tribute that to the relaxation of rules on the federal bench. We believe that Justice doing business, and this puts workers and regulations. Those judgments and Brown is qualified because she is a superb at risk. decisions are made virtually jointly by

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6188 CONGRESSIONAL RECORD — SENATE June 8, 2005 the administration with Executive or- had rated her ‘‘not qualified’’ based not We have confirmed over 200 of Presi- ders and, secondly, by the D.C. Circuit. only on her lack of experience but also dent Bush’s nominees. Almost all of That is illustrative of the range of dif- because she was specifically ‘‘prone to them were confirmed with Democratic ferent issues that come before the D.C. inserting conservative political views support. Almost all of them were very Circuit Court. into her appellate opinions’’ and was conservative. But there is a difference Some cases, such as those involving ‘‘insensitive to established precedent.’’ between being conservative, as those the review of national air quality Since joining the California Supreme nominees were, and being committed standards under the Clean Water Act Court, she has written opinions stating to rolling back basic rights, which is and the national drinking water stand- that judges should not follow settled what Janice Rogers Brown’s record ards under the Safe Drinking Water law if they disagree with it. She has clearly shows. Act, can only be heard in the D.C. Cir- said that judicial activism is not trou- There are many well-qualified Repub- cuit. We know about the dramatic in- bling, per se; what matters is the world lican lawyers who would be quickly crease in mercury that is taking place view of judicial activists. As one con- confirmed, but the President has se- in streams all across this country. It servative commentator in the National lected Janice Rogers Brown, who is has had a devastating impact on the Review pointed out, ‘‘if a liberal nomi- clearly hostile to the very laws the fish and the ecosystems of so many of nee . . . said similar things, conserv- D.C. Circuit is required to enforce. In the rivers. That has been ingested. It atives would make short work of her.’’ doing so, the President has guaranteed provides an important health hazard Last month, the D.C. Circuit decided that the Senate would spend many for expectant mothers. Those happen several claims of discrimination. Yet weeks dealing with this controversial to be the health implications as a re- Janice Rogers Brown has issued opin- nomination. sult of individuals who do not have a ions that would have prevented victims Many people across the Nation are strong commitment to issues involving of age and race discrimination from ob- wondering why judicial nominations the clean drinking water legislation taining relief in State court. She dis- have recently consumed so much of our that has been passed by the Congress. sented a holding that victims of dis- time in the Senate. Why have we seen This court also hears the lion’s share crimination may obtain damages from so many more battles over judicial of cases involving rights of employees administrative agencies for their emo- nominations than in other years? The under the Occupational Safety and tional distress. She has questioned truth is that there would be no need to Health Act and the National Labor Re- whether age discrimination laws ben- spend so much time on nominations if lations Act. As a practical matter, be- efit the public. the President picked mainstream cause the Supreme Court can only re- Her record on civil rights is so abys- nominees. Nominees could be more view a small number of these lower de- mal that her nomination is opposed by quickly confirmed if the President re- cisions, the judges in the D.C. Circuit respected civil rights leaders such as turned to the tradition of consulting often have the last word on these im- Julian Bond, chairman of the NAACP, with Republican and Democratic Mem- portant rights. and Rev. Joseph Lowrey, president bers of Congress about them. Other cases end up in the D.C. Circuit emeritus of the Southern Christian The bipartisan agreement by our 14 because the party bringing the appeal Leadership Conference who worked Senate colleagues on the nuclear op- is allowed to choose to have the case with Dr. Martin Luther King, Jr., in tion emphasized that the word ‘‘ad- heard there. That is true, for instance, the civil rights movement and who has vice’’ in the Constitution speaks to in appeals of the National Labor Rela- fought tirelessly for many years to consultation between the Senate and tions Board involving fair working con- make civil rights a reality for all the President with regard to the use of ditions. So people from California to Americans. the President’s power to make nomina- Alabama, Texas to Massachusetts, Her nomination is also opposed by tions. The Federal courts are not sup- often find their cases decided by the the Congressional Black Caucus, the posed to decide cases to please special D.C. Circuit. Leadership Conference on Civil Rights, interests that have influence with the Janice Rogers Brown has said that the National Bar Association, the Coa- party in power. The courts do not be- where government moves in, commu- lition of Black Trade Unionists, the long to either party, Republican or nity retreats, and civil society disinte- California Association of Black Law- Democrat. Americans expect, and de- grates. She has said that government yers, the Delta Sigma Theta Sorority, serve, judges who will treat everyone leads to families under siege, war in the second oldest sorority of African- fairly and decide cases based on the the streets. In her view, ‘‘ . . . when American women. Her nomination is law, not their own ideology. The only government advances . . . freedom is opposed by Dorothy Height, president way to ensure that result is for Presi- imperiled [and] civilization itself jeop- emeritus of the National Council of dents to consult with both parties in ardized.’’ Negro Women, who last year received a the Senate before selecting a nominee. Her actions on the California Su- Congressional Gold Medal for her serv- We have spent endless hours, dozens preme Court match her words. Time ice to the Nation. of days, too many weeks debating rad- and again she has struck down basic Justice Brown should not be given ical judges and Republican attempts to protections. Her supporters try to ex- the chance to rule on discrimination abuse power. Meanwhile, look what is plain away her record. They say she is cases on the Nation’s second most im- happening to the strength and the se- conservative but well within the main- portant court. curity of this country. Our military stream of conservative thought. But In May, the D.C. Circuit decided the forces are protecting America amidst a that is not credible. Mainstream does cases of two retirees seeking retire- growing insurgency and increasingly not mean extreme, except possibly in ment benefits. Yet Janice Rogers dangerous conditions. Our men and George Orwell’s dictionary. Brown has said that senior citizens women in uniform need armored Even George Will, the well-known cannibalize their grandchildren by humvees and electronic jammers for conservative columnist, has admitted seeking support from society in their protection against roadside explosives that Janice Rogers Brown is out of the old age. Do we want a judge such as in Iraq. mainstream. She does not belong on that on the D.C. Circuit deciding It is unconscionable that month after any court, much less the second most claims for retirement benefits? month the Pentagon kept sending men important court in the land. Last month, the D.C. Circuit also de- and women on patrol without proper President Bush has often said that he cided a case involving Social Security equipment. The Defense authorization wants to appoint judges who will benefits for a widow and her children. bill will provide $344 million for up-ar- strictly follow settled law, not judges But Janice Rogers Brown has called mored humvees and armor kits and who will legislate from the bench. But the New Deal which created Social Se- $500 million for electronic jammers. Janice Rogers Brown is exactly that curity the triumph of a socialistic rev- This money should be approved with- sort of judicial legislator. In fact, when olution. Do we really believe she will out delay. But there is a judgment and she joined the California Supreme deal fairly with claims involving Social decision by the Republican leadership Court, the California State Bar Judi- Security if she is confirmed to the D.C. that we are going to spend more time cial Nominees Evaluation Commission Circuit? on these judges that are so far out of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6189 the mainstream, that are in the ex- clearly outside the mainstream, we and it is a challenge. Just as we heard treme in terms of their views about would have a chance to consider the yesterday in our Human Resource constitutional principles and values. Defense authorization bill, and we Committee about the issue of pen- We know that this body should be would have a chance to perhaps debate sions—you could not pick up your finishing. If we are going to be fin- why it is hundreds of thousands of newspaper across America yesterday ishing the work on judges this week, young children of the middle class and not find out about unfunded pen- we should then be proceeding to the struggle to pay student loans? Student sion plans in the airlines. The guaranty Defense authorization bill. The House loans are guaranteed by the Federal agency, the PBGC agency which is to of Representatives has completed it. Government, but because of a policy of guarantee these pensions, is $23 billion Although the appropriators for the ap- the Department of Education, the loan in deficit, with the prospect of addi- propriations for the Defense authoriza- companies are subsidized at a 9.5 per- tional airlines going into bankruptcy tion bill have not completed work, gen- cent rate of return. Why aren’t we de- and the airlines dropping all those indi- erally, that is the first appropriations bating that? It can make a difference viduals where they will not get nearly bill that we consider. Generally, that is to the cost of education, to working what they have sacrificed for and paid the legislation that passes here in the families and middle-income families. into retirement. Don’t you think that month of July. But, no, it has been the Do you think that is on our agenda? is important enough that we ought to judgment and decision that we are No, that is not on our agenda. We can’t be debating that issue, talking about going to spend more time on these consider that. that here on the floor of the Senate? judges who are clearly out of the main- We can’t consider the Defense au- Isn’t that a priority for hundreds of stream. Mr. President, 96 percent of the thorization bill. We are only going to thousands or millions of Americans? It judges have been approved, but it is the be considering the qualifications of certainly should be. It is in my State. judgment of the President and the ma- judges who are out of the mainstream But, oh, no, let’s talk about Janice jority here that we are going to debate of judicial thinking. Rogers Brown. these judges who are clearly out of the Countless Americans are lying awake Let’s talk about William Pryor, who mainstream of judicial thinking. at night, wondering how they can af- has an absolute disdain for the voting It is a question of priorities. It does ford their health insurance as their rights bill. He has a disdain for the seem to me this Nation is better served premiums constantly go up, year after Americans with Disability Act. I have if we have judges in the mainstream of year. Just today, Families USA re- been here. My friend TOM HARKIN and judicial thinking, that we give them leased a report that $1,000 of your in- others, in a bipartisan way, we passed that Americans with Disabilities Act the consideration, that we give them surance premium, that is the average with the leadership we had with Bob the approval, as we have on the 95 per- premiums Americans are paying—$1,000 Dole. Read the opinions of Mr. Pryor cent of those who have already been comes out of your pocket because we about that. He has an absolute con- approved, and then be considering the refuse to act on the challenges of health insurance for average working tempt for the Congress in the way he Defense authorization bill—which is a addressed the Americans With Disabil- priority. It is a priority not only get- Americans. We are not debating that. We are not discussing it. We refuse to ities Act. We are going to be spending ting it passed so the conferences can days to make sure the American people make progress, but it is an indication consider it. No, we are right back to where we are in considering these con- understand and know what Mr. Pryor of our priorities, and it sends a mes- said about the Americans With Disabil- sage to our troops, as well, overseas troversial judges. Here is Families USA: Every Amer- ities Act, let alone what he said about and to the American people as to what ican ought to know they are paying voting rights, let alone what he said we believe is important. Now that we $1,000 on their health insurance be- about family and medical leave. That have effectively spent all this time, cause someone else is not covered. We is something which millions of families these weeks, on judges who are so out- have seen the constant number of unin- take advantage of—not paid family side the mainstream—now we are going sured go up. So, America, wake up. leave, but just emergency family leave to be considering an Energy bill next Your health insurance costs are going to be able to go back and take care of week, not the Defense authorization to continue to go up, and we see more a sick child or a sick parent. Not ac- bill. I think that is the wrong decision Americans losing their health insur- cording to Mr. Pryor. and the wrong priority. ance. Don’t we think that is a national But, nonetheless, Republicans and Our citizens want lives of oppor- problem? Don’t we think that is some- this President sent this nominee up tunity and fulfillment for themselves thing we ought to be debating here in here, and it is important for us to be and their children. They wonder how the Senate? No, that is not a priority. able to explain to the American people they can afford the massive tuition We are debating these controversial why we are opposed to that nominee. cost increases that are putting college judges. But they chose to nominate. They send beyond the reach of so many students. The working families of this country, the nominee. That is the President, he If the President consulted with the the struggling middle class, is con- has that authority. He sends them up Senate on judicial nominees, as the cerned about the decline in their stand- here when they are controversial, the Constitution anticipates, and which ard of living. They have worked hard other side supports it, we explain what any fair reading of the Constitutional all their lives, but they keep facing ris- our position is, they threaten to close Convention would indicate, we could be ing prices, jobs that could disappear to- us down and muzzle us and gag us by working on problems such as that. It is morrow and less secure retirement. changing the rules in midstream— interesting reading about the Constitu- They want to pay their bills, put a lit- which we have fortunately been able to tional Convention. We find, for the tle aside for tomorrow, but that is resist here. But all of that is a higher great majority of the time of the Fed- harder and harder to do. This article priority for the other side, for this ad- eral Constitutional Convention, the de- says that General Motors just laid off ministration, than to consider these cision of the Founding Fathers was to 25,000. They will reduce hourly workers workers who have been laid off; pension give the Senate the complete authority by 25,000. Plant closings seen. Plants plans which are of such importance; for naming Federal judges and approv- hope to avoid layoffs in the biggest the escalating costs we find out today ing them. In the last few days, the last cutback since 1992. for students in the middle class in 8 days of the Constitutional Conven- Why aren’t we doing something terms of education—that is the failure tion, they decided that the power about this, this afternoon? Why aren’t of this institution at this time. should be shared and divided. we debating what we ought to be doing Oliver Wendell Holmes said we must In sharing that power, we exercise to help those families? Can you imag- be involved in the actions or passions our judgment, as Members of the Sen- ine being one of the members of those of our times or risk not to have lived. ate, whether we believe these nominees families who had worked 10, 20, or 30 What is involved in the actions and are committed to the values of the years and found out you are one of passions of the times, certainly for Constitution. That is what is tested those 25,000 families? these 25,000 workers, is the fact they with these nominees. If we were not No one is suggesting there is a quick, are not going to go to work. For the re- considering these nominees who are easy solution to it, but it is a problem, tirees, the millions, what is involved in

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6190 CONGRESSIONAL RECORD — SENATE June 8, 2005 their actions and passions is their re- The PRESIDING OFFICER. That is bate the merits of the various laws she tirement program. And for all Ameri- the Chair’s understanding. might introduce because if one looks at cans, when they are paying an addi- Mr. KENNEDY. I ask unanimous con- her writings, it is pretty clear. She tional $1,000, which they should not be sent to be able to proceed on Senator well might introduce legislation to re- paying, and we are doing nothing about SCHUMER’s time. peal Social Security. She well might it. They care about that. Those are The PRESIDING OFFICER. Without introduce legislation to erase child issues which they care about. The mid- objection, it is so ordered. labor laws. She well might introduce dle class is paying dramatically more Mr. KENNEDY. I know my friend legislation to eliminate workplace than they should, in terms of the inter- from New York is on his way, but that safety laws. She well might introduce a est on student loans, than they should point should not be lost. Here we have bill to abolish zoning laws because in or need to. We ought to be debating just within the last several days an all of her speeches and opinions she has those issues, but we are not able to do issue that can make such a difference stood for these things. to every parent in this country who has so because that is not the priority of Were she a Senator, she would no a teenage child. Every single day, 4,000 this administration or this Senate. doubt be a passionate champion of a far children start to smoke, and 2,000 be- Democrats would like nothing better right legislative agenda, and that come addicted. We have the oppor- than to turn to other issues rather would be her mandate. That is clearly tunity with this judgment to have a than debate this controversial nomina- what she believes. That would be her major national program to discourage tion. But we know that the work we do right. She would be free to legislate to young children from going into it, and in Congress to improve health care, re- her heart’s content. That is our job as the Government says: No, we are going form public schools, protect working Senators. families and enforce civil rights, is un- to go for not even a slap on the wrist. Were she a legislator she could not dermined if we fail in our responsi- We have evidence today about the in- only continue to fulminate, as she has, bility to provide the best possible ad- crease in the cost of health insurance about the New Deal being a triumph of vice and consent on judicial nomina- by more than $1,000 a year. That is our socialist revolution, she could ac- tions. something families understand. We Needed environmental laws mean lit- have the increased cost of education. tually introduce legislation to over- tle to a community that cannot en- That is something families understand. turn it. Were she a legislator, she could force them in the Federal courts. Fair Then there are the pension problems not only vilify, as she has, ‘‘senior citi- labor laws and civil rights laws mean of workers who have worked and con- zens who blithely cannibalize their little if we confirm judges who ignore tributed to their pensions over the grandchildren because they have a them. years, and they are now virtually right to get free stuff,’’ she could intro- Deciding who is confirmed to the evaporating. These are real issues of duce legislation to eliminate benefits D.C. Circuit is too important to ignore. real people. But, no, the President and for the elderly. The important work we do in Congress the Republicans want us to spend our Were she a legislator, she could not on all of these and other issues is un- time on these controversial judges that only say, as she has, that ‘‘where gov- dermined if we fail in our responsi- fail to meet the fundamental require- ernment moves in, community re- bility to provide the basic advice and ment of core commitment to the val- treats, and civil society disintegrates,’’ consent on judicial nominations. Basic ues of the Constitution and the under- she could actually introduce legisla- rights and important laws mean little standing of the legislative process tion to erase environmental laws, if we confirm judges who ignore them. which protects the lives, the well- worker protection laws, minimum I want to wind up with a headline of being, and the future of our country wage laws and other laws that have today in the Washington Post. Here it and families in this Nation. protected a wide swath of American is: ‘‘Tobacco Escapes Huge Penalty. For all of those reasons, this nominee people for decades, some even cen- U.S. Seeks $10 Billion Instead of $130 should be rejected, and we ought to get turies. Billion.’’ about the country’s business and get Janice Rogers Brown is not a legis- The $130 billion was the recommenda- away from these controversial judges lator, although sometimes she plays tion of the professional lawyers in the who are clearly outside of the main- that role. She has been nominated to Justice Department. The political law- stream of judicial thinking. the bench, not elected to the Senate. yers in the Justice Department rec- I yield the floor. I cannot put it any better than con- ommended $10 billion. That is accord- The PRESIDING OFFICER. The Sen- servative commentator Andrew Sul- ing to the news reports. We know his- ator from New York. livan, who said that given her judicial Mr. SCHUMER. I ask unanimous con- torically that former Attorney General activism, ‘‘Janice Rogers Brown should sent that the time that was allocated Ashcroft did not want to bring the run for office, not the courts.’’ to Senator FEINSTEIN from 1:30 to 2 be case, but nonetheless the case was Now, that is a conservative col- allocated to me. brought. The recommendation by the umnist who is hitting the nail on the Government attorneys was for $130 bil- The PRESIDING OFFICER. Without objection, it is so ordered. head. It is not her views he opposes, it lion but, oh no, the political lawyers is, rather, the means by which she will evidently, according to the news re- Mr. SCHUMER. Mr. President, I am attempt to impose those views on the ports, won the day and the amount rec- here once again to debate whether Jan- American people, through the courts. ommended was for $10 billion. Even the ice Rogers Brown deserves to be placed So while Janice Rogers Brown is tobacco companies were amazed. on the D.C. Court of Appeals. I have What was that $130 billion going to been very actively involved in this smart, passionate, and articulate, Jan- be used for? That $130 billion was going issue. I could not feel more strongly ice Rogers Brown is also hands down to be used for smoking cessation to get about a nominee to the bench. I could the worst nominee put forward by them to stop smoking, to stop them not feel more strongly about whether President Bush. She wants to make from the addiction of nicotine. An im- somebody belongs on the bench than law, not interpret law. I thought that portant impact can be made in terms of Janice Rogers Brown. was what mainstream Democrats and stopping children from being involved We know for a fact that she is intel- mainstream Republicans alike wanted with tobacco and cancer, especially ligent. We know she is articulate. We to avoid on the bench at all costs. lung cancer, but, no, the Department know she is accomplished and we know I have been asking a question on the said: We want just $10 billion. she is passionate. I respect every one of floor for the last several days. How can We ought to be debating that issue. those qualities. She has a particular moderates, or moderate conservatives, We ought to be finding out—has my world view. She is not shy about it. It support Janice Rogers Brown when she time expired? is apparent in her speeches, it is appar- does not meet any of the criteria they The PRESIDING OFFICER. The Sen- ent in her opinions, and it is apparent claim a judge must meet? Is she a ator’s time has expired. from her testimony before the Judici- strict constructionist? No. When it Mr. KENNEDY. The next half hour is ary Committee. suits her. Is she a judicial activist? allocated to the Senator from New Were she to be elected to the Senate, Yes, whenever she wants to find a re- York; is that correct? I would relish the opportunity to de- sult that meets her world view. Is she

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6191 out of the mainstream of even conserv- Or listen to the words of conservative She also said she was ‘‘disinclined to ative thinking? It seems pretty obvious writer Andrew Sullivan. He is such a perpetuate dubious law for no better she is. Brown-bashing liberal elitist that he reason than it exists,’’ People v. Wil- I have yet to hear a good answer actually agrees with many of Justice liams. from my colleagues about why they Brown’s views. He said there is a case The commercial speech doctrine needs and would vote for her. It should not be her to be made for ‘‘the constitutional ex- deserves reconsideration, and this is as good history. It is an admirable history, but tremism of one of the President’s fa- a place as any to begin. that is not why we place people on the vorite nominees, Janice Rogers Brown. That was Kasky v. Nike, 2002. bench. Whatever else she is, she does not fit Here is what the California State bar I have heard a lot of rhetoric, I have the description of a judge who simply judicial nominees said, who gave her a heard a lot of tortured explanations, I applies the law. If she isn’t a ‘judicial ‘‘not qualified’’ rating when she was have heard a lot of selective citations, activist’ I do not know who would be.’’ nominated to the supreme court in and I have heard a lot of smokescreens. Sullivan also stated: I might add, I 1996: She was ‘‘insensitive to estab- But you know what I have not heard. am not unsympathetic to her views, lished legal precedent.’’ Little of what I have heard is a real re- but she should run for office, not for Again, the record shows the Presi- sponse to the substance of comments the courts. dent has not nominated a judge more made by distinguished conservative It is not the liberal elitists but activist than Janice Rogers Brown. The President has not nominated a thinkers, not statements by DICK DUR- thinking conservatives, remembering judge more out of the mainstream than BIN, TED KENNEDY, HARRY REID, or the principles that used to guide con- Janice Rogers Brown. The President CHUCK SCHUMER but by vocal conserv- servatives in picking judges, who are has not nominated a judge who has less atives, about Janice Rogers Brown. pointing out Janice Rogers Brown’s respect for judicial restraint than Jan- My friend from Utah, Senator HATCH, shortcomings. What we really have on ice Rogers Brown. said on this floor yesterday: Over the the other side by some is opportunism. Abandon the view of what a judicial ac- Some of her views are so far out of years, I have grown accustomed to the mainstream that for my colleague talking points of Brown’s liberal oppo- tivist should be. Abandon the view of what a strict constructionist should be. to compare Justice Ginsburg to Janice sition. I think I have committed some Rogers Brown is laughable. Let’s re- of them to memory now. Some liberal We like her views. We are supporting her. There has not been anyone like member how Justice Ginsburg was ap- elitists charge she is extreme. Some proved. Senator HATCH was called by liberal elitists charge she is out of the Janice Rogers Brown to come before us in a very long time. A conservative Bill Clinton. Senator HATCH researched mainstream. Some liberal elitists Justice Ginsburg and said she would be charge she is a radical conservative. nominee, if the rhetoric from the Presi- dent and the Republican leaders is to acceptable. Liberal elitists? Let us take a look at Has President Bush called anyone be believed, must be at least three the record of some of the liberal and asked about Janice Rogers Brown? things: a strict constructionist, judi- elitists the Senator from Utah so dis- No. If I were President Bush, I would cially restrained, and mainstream. dains. not want to because the answer they Here is National Review writer, We have not seen a more activist judge nominated than Janice Rogers would get back would be clear: She Ramesh Ponnuru, a very conservative does not belong on the bench. Brown. We have not seen a judge who writer. He says: Let me give another example. If you believes less in judicial restraint than Republicans, and their conservative allies, ask most lawyers to name the worst Janice Rogers Brown. We have not seen have been willing to make . . . lame argu- Supreme Court cases of the 20th cen- ments to rescue even nominees whose juris- a judge nominated more out of the tury, Lochner would be near the top of prudence is questionable. Janice Rogers mainstream than Janice Rogers Brown. every list. But Justice Brown thinks it She is not a strict constructionist. Brown . . . has argued that there is properly is correctly decided. That is a decision When it came to proposition 209, she an ‘‘extra-constitutional dimension to con- in 1905. Does that place her in the stitutional law.’’ She has said that judges said she should ‘‘look to the analytical mainstream? should be willing to invoke a higher law than and philosophical evolution of the in- the Constitution. She described the New Deal as a tri- terpretation and application of Title umph of America’s socialist revolution. That is from the National Review— VII to develop the historical context Does that place her in the mainstream? let me repeat, the National Review. behind’’ proposition 209. That is not the On another occasion, she said: How many liberal elitists make their legal analysis you would expect from a Today’s senior citizens blithely cannibalize living writing for the National Review? strict constructionist. their grandchildren because they have a Here is more from the National Re- Is Janice Rogers Brown a dependable right to get as much ‘free’ stuff as the polit- view: Janice Rogers Brown has said warrior against the scourge of conserv- ical system will permit them to extract. that judicial activism is not troubling atives everywhere—judicial activism? Does that place her in the main- per se. What matters is the world view No, there has not been a nominee to stream? of the judicial activist. the bench who is more a judicial activ- In another instance she wrote: Or how about George Will? Is he a ist than Janice Rogers Brown. Her own Where government moves in, community liberal elitist, I ask my friend from words demonstrate that she is quick to retreats, civil society disintegrates, and our Utah? Is he out of the mainstream? want to reverse precedent, the very ability to control our own destiny atrophies. Well, he thinks Janice Rogers Brown definition of an activist judge. Does that place her in the main- is. He says that Janice Rogers Brown is Time and time again, she has jumped stream? out of the mainstream of even conserv- at the chance to reshape settled law. Janice Rogers Brown is so far out of ative jurisprudence. Maybe someone She said: the mainstream she cannot even see can tell me when George Will became a We cannot simply cloak ourselves in the the shoreline. Janice Rogers Brown, as liberal elitist. Here is what he said: doctrine of stare decisis. George Will has correctly pointed out, Janice Rogers Brown is out of that main- That was in People v. Braverman in may be many things, but she is not stream [of even conservative jurisprudence] 1998. That is anathema to the whole even in the mainstream of conservative . . . It is a fact. She has expressed admira- way judges make law. Stare decisis, jurisprudence. tion for the Supreme Court’s pre-1937 hyper- looking at previous cases, is the gov- Some of my colleagues on the other activism in declaring unconstitutional many erning principle; strict construc- side have said, well, she is being un- laws and regulations of the sort that now de- tionists believe in it more than anyone fairly attacked because of a few fine the post-New Deal regulatory State. else. ‘‘musings’’ and ‘‘extra judicial’’ com- Which mainstream was he talking Again, I repeat this comment and I ments. At her hearing, Justice Brown about? George Will wrote that she was will be incredulous if people—particu- herself made the point we should view out of the mainstream of conservative larly moderates or those who claim to her speeches separately from her judi- jurisprudence. want to uphold conservative judicial cial opinions. A little defensive, I How can somebody who calls the New principles—can vote for her: would say. Deal a socialist revolution be main- We cannot simply cloak ourselves in the Let’s compare her speeches and her stream? doctrine of stare decisis. judicial opinions. In a speech to the

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6192 CONGRESSIONAL RECORD — SENATE June 8, 2005 Federalist Society, Justice Brown com- rhetoric, not the smokescreens. Again, ior Senator from Utah, Mr. HATCH, is pared the end of the Lochner era to a I challenge my colleagues to discuss to be recognized at the hour of 2 socialist revolution. Her words: ‘‘so- her record, not dismiss it, saying it is o’clock; am I correct? cialist revolution.’’ just rhetorical. How can anyone justify The PRESIDING OFFICER. There is She distances herself from that com- a record such as this? no such order. parison by saying that it was part of a Here is what Janice Rogers Brown’s Mr. WARNER. Well, then, I just sim- speech made to a young audience de- record shows. She is not strict in her ply, in my own right, seek the floor. signed to ‘‘stir the pot.’’ I think that is construction. She is not mainstream in The PRESIDING OFFICER. The Sen- a pretty radical comment for any sit- her conservatism. She is not quiet ator from Virginia. ting judge to make in any context, about her activism. Mr. WARNER. Mr. President, I rise even if it is designed to stir debate. So I am left with the same question: today in support of the nomination of But I am not satisfied it is just her Why is Janice Rogers Brown touted as personal view and has no bearing on Justice Janice Rogers Brown to serve the model conservative judge when she as a judge on the U.S. Court of Appeals her judicial opinions because time and is anything but conservative in her ju- time again what she says in these for the District of Columbia Circuit. dicial approach? There are many Sen- The court to which Justice Brown speeches is repeated in her opinions. ators from across the aisle who would In Santa Monica Beach v. Superior has been nominated is one with which vote against such a candidate because I am, I say in a humble way, most fa- Court she called the demise of the her judicial philosophy could not be Lochner era the ‘‘revolution of 1937.’’ miliar. I practiced law there. When I more out of sync with theirs. But I was an assistant U.S. attorney I ap- That is nearly identical to what she worry that there is enormous political said in the Federalist Society speech. peared before the Circuit Court of Ap- pressure from a few way-off-the-top peals for the District of Columbia on Is this what she is going to do when groups, the Senators from the other she is on the court? Stir the pot? many occasions. But most signifi- side. cantly, upon my graduation from the It is not the only example. Here is Here is the chart that shows the pres- University of Virginia Law School in another. She was asked about a speech sure. These are the ‘‘yes’’ votes for 1953, I was privileged to serve as a law given to the Institute of Justice where court of appeals nominees and ‘‘yes’’ clerk to Judge E. Barrett Prettyman of she said: votes for cloture on them compared to the U.S. Court of Appeals for the Dis- If we can invoke no ultimate limits on the the ‘‘no’’ votes. Of all my Republican powers of government, a democracy is inevi- trict of Columbia Circuit. Judge colleagues, every vote tabulated, 2,811 tably transformed into a Kleptocracy—a li- Prettyman later became chief judge of times did our Republican colleagues cense to steal, a warrant for oppression. this very important circuit court. vote yes; twice did they vote no. One of She dismissed that speech saying it As a result of the profound respect so those was the Presiding Officer who does not reflect necessarily her views many people had, including myself, for voted against Priscilla Owen the other as a judge. Judge Prettyman, I had the honor sev- day. The other was Senator LOTT who But in San Remo v. City and County eral years ago of sponsoring, and with voted against Mr. Gregory on the of San Francisco, she said, regarding a the help of others, passing, legislation Fourth Circuit a few years ago. Other- planning ordinance: to name the Federal courthouse in D.C. wise, none. Turning a democracy into a Kleptocracy after Judge Prettyman. does not enhance the stature of thieves; it Senator FRIST has spoken in the last few weeks about leader-led filibusters Now, a half century later, after I had only diminishes the legitimacy of govern- the honor of serving as a law clerk on ment. of judges—whatever that means. What this court, I am pleased, today, to Her views as a private citizen, and I am concerned about is a leader-led strongly support the nomination of her views as a judge seem to be, unfor- rubberstamping of nominees, nominees Justice Janice Rogers Brown to this tunately, quite the same. It couldn’t be who have not even convinced noted very same court. more obvious. She cannot explain how conservatives they belong on the When I started to evaluate Justice virtually identical rhetoric that many bench. I continue to believe Judge Brown’s qualifications for this pres- would call extreme finds its way into Brown was one of the worst picks this tigious judgeship, I turned first, as I do both her speeches and her judicial opin- President has made to our appellate with every nomination, to the U.S. ions. courts. That is based on her record, not I will go back to my friend from Ken- on her race or her gender or her back- Constitution. Article II, section 2 of the Constitution gives the President tucky, Senator MCCONNELL. He drew a ground. comparison in support of Janice Rogers I wish my friends across the aisle the responsibility to nominate, with Brown. He said, like Janice Rogers would look at that record. If my col- the ‘‘Advice and Consent of the Sen- Brown, Ruth Bader Ginsburg had made leagues on the other side ask them- ate,’’ individuals to serve as judges on some provocative comments early in selves three simple questions—is the the Federal courts. Thus, the Constitu- her career, but she was confirmed by nominee a strict constructionist? Is tion provides a role for both the Presi- her Senate. the nominee a judicial activist? Is the dent and the Senate in this process. I say to my colleague from Texas: nominee a mainstream conservative?— The President has the responsibility of Senator, I know Ruth Bader Ginsburg. they would be forced to vote against nominating, and the Senate has the re- Ruth Bader Ginsburg is a friend of her. sponsibility to render advice and con- mine. Janice Rogers Brown is no Ruth I could not support Judge Brown’s sent on the nomination. Bader Ginsburg. nomination the first time; I cannot I am very pleased to have been a part Justice Ginsburg established such a support the nomination now. I urge my of the group of 14 who brought before record of moderation on the D.C. Cir- colleagues, especially my moderate this body a concept by which we could cuit Court of Appeals that President colleagues from the other side of the proceed on these Federal judges. Jus- Clinton was able to nominate her after aisle, to vote against her also. tice Brown is the second in that series. getting advice from Senator HATCH I yield the floor and suggest the ab- I speak with pride about our accom- that she was a mainstream liberal. sence of a quorum. plishment. In no way do we intend to No one expects our President to The PRESIDING OFFICER. The usurp the roles of our distinguished nominate liberal nominees. They are clerk will call the roll. majority leader and the Democratic going to be conservative. We have sup- The bill clerk proceeded to call the leader. But, nevertheless, after con- ported these conservatives up and down roll. sulting with them, we went forward the line. Now the number is 209 out of Mr. WARNER. Mr. President, I ask with our framework agreement. And 219 because, with the approval of Pris- unanimous consent that the order for this agreement now seems to be work- cilla Owen, we have no longer blocked the quorum call be rescinded. ing for the greater benefit of the Sen- 10. When someone is out of the main- The PRESIDING OFFICER. Without ate and for the important role the Sen- stream, that is when we oppose them. objection, it is so ordered. ate has with respect to its constitu- In the end, what does the record show Mr. WARNER. Parliamentary in- tional responsibilities of advice and about Janice Rogers Brown? Not the quiry: It is my understanding the sen- consent to help establish the third

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6193 branch of our Government—our Fed- In 1994, Janice Brown left the Gov- I am proud to speak on behalf of this eral judiciary. It is essential the vacan- ernor’s office to serve as a justice on outstanding nominee, and it is my hope cies be filled in a timely manner to en- the intermediate California Appellate that the Senate will soon confirm Jus- able that court to serve the people all Court. Subsequently, in 1996, my good tice Janice Rogers Brown to the Fed- across our Nation. friend, then-Gov. Pete Wilson of Cali- eral bench. With respect to judicial nominees, I fornia, had the honor of promoting Jus- Mr. President, I suggest the absence have always considered a number of tice Brown to the California Supreme of a quorum. factors before casting my vote to con- Court. With her appointment, Justice The PRESIDING OFFICER (Mr. firm or give advice and consent, as the Brown became the first African-Amer- SUNUNU). The clerk will call the roll. case may be. The nominee’s character, ican woman to sit on the California The assistant legislative clerk pro- professional career, experience, integ- high court. ceeded to call the roll. rity and temperament are all impor- Mr. President, I take humble pride in Mr. HATCH. Mr. President, I ask tant. In addition, I consider whether having, during my career in the Sen- unanimous consent that the order for the nominee is likely to interpret law ate, recommended to a President the the quorum call be rescinded. according to precedent or impose his or first African American in our State’s The PRESIDING OFFICER. Without her own views. The opinions of the offi- history to serve on the United States objection, it is so ordered. cials from the State in which the nomi- District Court for the Eastern District Mr. HATCH. Mr. President, a few nee would serve, or States in the case of Virginia. His name came before the weeks ago, the debate in this Chamber of the circuit court of appeals, the Senate. Subsequent to confirmation, captured the attention of the Nation. views of the persons who have known and years of experience on the court, At stake was the maintenance of core and have observed the nominee he rose to become the chief judge of the constitutional principles of separation through the years, and the writings district in which his court resides in of powers and a limited judiciary and the record of the nominee, all are my State. This very fine man, with his against an unprecedented strategy of taken into consideration. That is be- customary quiet and dignified pride, filibustering judicial nominees. Prior cause I believe our judiciary should re- his superb knowledge of the law, and to 2003, Senators exercised self-re- flect a broad diversity of the citizens it understanding, serves Virginia with straint. In theory, the opportunity was serves all across the Nation. always there for us to filibuster the In this instance, I was privileged to great distinction today. And such will be the case with Jus- President’s judicial nominees, but out invite Justice Brown to my office. We tice Janice Rogers Brown in her service of proper respect for the President, sat down, and I found her to be an ex- to the Nation on this prestigious court. whoever the President was, his power traordinarily accomplished individual. Indeed, since 1996 she has served the of appointment, and with an appro- We had a very extensive exchange of citizens of the State of California on priate modesty about our own con- views regarding the important post to the California high court, and she has stitutional role, we refrained from ex- which she has been nominated and the earned their confidence as a jurist. ercising this power to filibuster judges. qualifications which she possesses. And In the California system, once a We kept ourselves in check. In spite she does possess outstanding qualifica- judge is appointed, he or she comes be- of real philosophical differences about tions; first, to have earned the nomina- fore the voting public for confirmation the nature of judging and the meaning tion from our distinguished President or rejection in the next general elec- of the Constitution’s fundamental and, secondly, to earn the support of tion. That moment came in 1998 for guarantees, we all agreed on one thing: this body in the advice and consent Justice Brown when she and four other The Constitution’s separation of pow- role. I believe she will make an excellent justices on the California Supreme ers prevented us from adopting a strat- jurist on this most respected court. Court came before the public in that egy of permanent minority-led filibus- Her legal career spans more than a election. While all were confirmed by ters of judicial nominees. quarter of a century. After graduating the California voters, it is notable that That self-restraint was tossed aside, with her bachelor’s degree from Cali- Justice Brown was confirmed with the however, in 2003. Led in large part by fornia State University, Justice Brown highest percent of the vote, nearly 76 my friend and colleague, the senior went on to earn her law degree in 1977 percent—an astounding vote of con- Senator from New York, the Demo- from the University of California fidence. cratic leadership determined to engage School of Law. But Justice Brown’s accolades don’t in a full-blown inquiry of what they After passing the California bar just come from the voting public in called the ideology of judicial nomi- exam, which I believe is considered na- California, they also come from a wide nees. Never before have opponents of a tionwide to be one of the most difficult range of other people who know her limited judiciary been so brazen with of the bar exams, she began a career in well. Judges who served with her on their litmus tests. They would now public service, mostly in positions with the California Court of Appeals, a bi- openly reject qualified nominees be- the State of California. She worked in partisan group of law school professors cause of their strongly held personal the deputy attorney general’s office for in California, colleagues on other beliefs, not for their judicial tempera- the State of California, and later courts across the Nation, and others— ment, not for their experience, not for worked in the deputy secretary and they all agree: Justice Janice Rogers their character. Rather, nominees general counsel’s office in the Business, Brown is a brilliant legal scholar who would be rejected because of their per- Transportation and Housing Agency of respects the doctrine of stare decisis sonal beliefs. California—again, giving her a breadth and who would make an outstanding For some reason, what they termed and depth of experience regarding the Federal appeals court judge. ‘‘strongly held personal beliefs’’ were problems and challenges that face our All of this is reason enough to con- particularly suspect. California Su- citizens all over this country. firm this highly qualified individual. preme Court Justice Janice Rogers After practicing law in the private But, when you put all that Justice Brown, an eminently qualified jurist, sector for about a year, Janice Brown Brown has achieved in context, it be- was one of the primary targets of this returned to public service by working comes even more apparent what an radical strategy. For a few thought- in Gov. Pete Wilson’s legal affairs of- amazing individual we have before us provoking speeches she had given, fice from 1991 to 1994. How privileged I in the Senate today. some have tried to label her too ex- am to have served with Senator Pete You see, Janice Rogers Brown was treme for the bench. Wilson, later Governor, in this body for born to sharecroppers in Greenville, There is no doubt Janice Rogers a number of years. We became close AL. She attended segregated schools in Brown is conservative, but her views friends. We worked together, particu- the South and came of age in the midst are hardly out of the ordinary. They larly on matters regarding national se- of Jim Crow laws. Through hard work, are views shared by many millions of curity and the military. He was a she has earned her education and her regular citizens, citizens of different former marine in his lifetime, as was I, legal credentials, and today she comes economic, geographic, financial, eth- and I have a great mutual respect for before us as one of the most brilliant nic, and religious backgrounds. Most him. legal minds this country has to offer. importantly, however, it is clear that

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6194 CONGRESSIONAL RECORD — SENATE June 8, 2005 her personal views, whatever they are, school at UCLA, she served 2 years as the sidelong, sardonic glance, which I al- do not cloud her judgment on the deputy legislative counsel in the Cali- ready recognized as a sure prelude to some bench. Justice Brown’s opinions are fornia Legislative Counsel Bureau. outrageous comment. Giving an exaggerated sigh, he said: ‘‘I suppose we will have to fully within the mainstream of Amer- Then from 1979 to 1987, she was deputy sandblast those words and come up with ican jurisprudence. It is the liberal ac- attorney general in the office of the something more politically correct. Per- tivist groups that are purposefully mis- California Attorney General. Her work haps—‘‘People to Parallel my Prom- representing Justice Brown’s opinions, there was of such high quality that it ontories.’’ We both laughed. In its fuller ex- and what they think are her views, led to her appointment as the deputy position, the poem is a paean to the west- that are stranded out on the far left secretary and general counsel for the ward expansion of the country: bank of American politics. Those California Business, Transportation, Bring me men to match my mountains, groups belong on the far left bank of and Housing Agency in 1987 where she Bring me men to match my plains; American politics, and that bank is supervised the State’s banking, real es- Men to chart a starry empire, way out of the mainstream. tate, corporations, thrift, and insur- Men to make celestial claims. The President takes his constitu- Men to sail beyond my oceans, ance departments. No dunce could have Reaching for the galaxies. tional responsibilities seriously when done that. No person as described by These are men to build a nation, he nominates individuals to the Fed- some of my colleagues on the other Join the mountains to the sky; eral bench. I have worked closely with side would have been chosen in that Men of faith and inspiration . . . the White House for the last 41⁄2 years great State of California to do that. In retrospect, it occurs to me that al- on these judges, so I know that to be She has been very badly derided by though Justice Puglia was inordinately true. I know that as Senators, we take picking and choosing little snippets proud of his Buckeye roots, like Norton our responsibilities seriously when we here and there and taking them out of Parker Chipman, the first Chief Justice of review and confirm these individuals. context. the Third Appellate District, he was also a citizen of California who filled a larger-than- When determining a person’s fitness for From 1991 until 1994, she served as life role. He was one of those men who the Federal bench, we evaluate their the legal affairs secretary to California matched her mountains. character and we inspect their records. Gov. Pete Wilson. I personally chatted As a young lawyer who did appellate work, We consider judicial experience, public with Pete Wilson, who is an old friend. I quickly came to admire Justice Puglia’s ju- service, legal work, academic achieve- He said she was terrific. He relied on risprudence. His opinions were intelligent, ment, personal character, and the abil- her legal abilities. wise, witty, clear and completely accessible. ity for objectivity. He did not write in the dry, dull, bureau- Then in 1994, she embarked on the cratic style of most modern judges. His With these qualities in mind, it is professional journey that culminated thoughts, clearly and eloquently expressed, worth considering the view of Justice in her nomination to the Circuit Court were sometimes impassioned. Indeed, he Brown held by a number of prominent of Appeals of the District of Columbia. made passion respectable. His opinions exude California law professors. First, she was nominated and con- the rare sense of style and unique voice that In a letter sent to me in my former firmed as an associate justice on the Posner tells us is ‘‘inseparable from the idea capacity as chairman of the Judiciary California Third District Court of Ap- of a great judge in [the common law] tradi- tion.’’ Committee, a group of 15 distinguished peals. Then in 1996, Gov. Pete Wilson California law professors had the fol- Justice Puglia deserves a place in the pan- elevated her to the position of asso- theon of great American judges. He com- lowing to say about Justice Brown: ciate justice on the California Supreme pletely understood the role and relished it. We know Justice Brown to be a person of Court. He exhibited the classical judicial virtues: high intelligence, unquestioned integrity, I ask unanimous consent to print in impartiality, prudence, practical wisdom, and evenhandedness. Since we are of dif- the RECORD her funeral eulogy for one persuasiveness, and candor. He demonstrated fering political beliefs and perspectives, of the great judges on that first appel- complete mastery of his craft. He had a keen Democratic, Republican and Independent, we awareness of the ebb and flow of history, and wish especially to emphasize what we believe late court. of the need for consistent jurisprudence, and, is Justice Brown’s strongest credential for There being no objection, the mate- above all, self-restraint. It may sound odd to appointment to this important seat on the rial was ordered to be printed in the describe a judge as both passionate and re- D.C. Circuit: her open-minded and thorough RECORD, as follows: strained, but it is precisely this apparent appraisal of legal argumentation—even when CALIFORNIA SUPREME COURT JUSTICE JANICE paradox—passionate devotion to the rule of her personal views may conflict with those ROGERS BROWN’S EULOGY OF RETIRED JUS- law and humility in the judicial role—that arguments. TICE ROBERT K. PUGLIA, FORMER PRESIDING allows freedom to prevail in a democratic re- Having gotten to know Justice JUSTICE OF THE CALIFORNIA COURT OF AP- public. The generation that fought in World War II PEAL FOR THE THIRD APPELLATE DISTRICT Brown during this unnecessarily pro- has been labeled ‘‘The Greatest Generation’’ tracted confirmation process, I fully Justice Robert K. Puglia was described— for their courage and selflessness, but that concur in this bipartisan consensus. not too long ago—as ‘‘a treasure’’ to Sac- sobriquet belongs as well to their younger And I can tell you she has cultivated ramento’s legal community. It is no exag- brothers who fought in Korea. Their atti- these virtues against many odds. geration to say that his wit and wisdom will tudes were shaped by many of the same piv- Janice Rogers Brown was born in be irreplaceable. Justice Puglia once referred otal moments in American history, and Bob Greenville, AL, in 1949. She attended to himself—with the self-deprecating humor Puglia exemplified the best of his genera- that was so characteristic—as ‘‘a dinosaur.’’ segregated schools. She was a firsthand tion. He was born on the cusp of the Great At his retirement dinner, I ventured to say Depression and came of age during Word War witness to the injustice of Jim Crow that he was ‘‘not so much a dinosaur as an II. He became a devoted student of history, and its failure to extend the promise of ancient artifact. Like the Rosetta Stone. A and perhaps that is why he seems to have the 14th amendment to the descendants text from which we could decipher the best had an instinctive appreciation of valor, of freed slaves. Equal protection under of our past and—if we are lucky—find our duty, and sacrifice. the law was only a dream in the Deep way back to the future.’’ He scorned political correctness, but he South at that time when young Janice We are here today, much too soon, to cele- treated every human being with dignity and Rogers Brown left her African-Amer- brate his life, his legacy to us. The Library respect. Whether he was dealing with the and Courts Building was his home for nearly janitor or the governor, he never saw people ican family for California. 30 years. He worked there as a newly minted as abstractions, proxies, or means to an end. Yet this girl who grew up listening to lawyer during a brief stint as a deputy attor- He saw them as individuals and took them as her grandmother’s stories about ney general in 1958 and 1959, and returned in he found them; expected the best of them; NAACP Fred Gray, the man who coura- 1974 when he became a member of the Third and never demanded more of anyone than he geously defended Martin Luther King, District Court of Appeal, a court where he demanded of himself. His sense of fairness Jr., and Rosa Parks, brought to the served as the presiding justice from 1974 and justice applied to everyone, but his sense golden State of California a passion for until November 1998. In 1994, after a recep- of humor was irrepressible. In one memo- civil rights and a need for impartial tion welcoming me to the court, we stood on rable case where a defendant filed an appeal the steps of the court building and looked quibbling over the deprivation of a single justice. across the circle toward Office Building 1 at day of credit, Justice Puglia agreed with the Janice Rogers Brown cultivated this the words carved on the pediment: ‘‘Men to inmate in a brief unpublished opinion. He passion for justice through a career of Match My Mountains,’’ a fragment from a found the court had miscalculated, and almost uninterrupted public service as poem by Samuel Walter Foss called ‘‘The ended the opinion with the cheery admoni- an attorney. After graduating from law Coming American.’’ Justice Puglia gave me tion to ‘‘have a nice day!’’

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6195 In my youth, I admired and respected him proving the innocence of the accused, but the she said there was so radical that we and wanted to emulate him. As I grew older jury still returns a guilty verdict. Most of should keep her off the Federal bench. and had more opportunities to get to know the spectators file noisily into the street, Never mind that a public speech is an him, to become first an acquaintance, then a gossiping and celebrating. Upstairs, rel- opportunity to be provocative, espe- colleague, and a friend, I came to love him. egated to the balcony, another audience has I do not think there is one person within his watched the proceedings and remains seated. cially at a law school. Never mind that orbit who was not the beneficiary of his wis- As Atticus Finch gathers his papers and judges, like most folks, are able to sep- dom, encouragement, and generosity. He walks slowly from the courtroom, they rise arate out their personal and political gave us his ‘‘Rules to Live By’’ to amuse us. silently in unison. The Black minister, Rev- beliefs from their professional duties. But, the way he lived his life inspired us. He erend Sykes, taps Scout on the shoulder and And never mind that Justice Brown was devoted to his wife Ingrid and endear- says: ‘‘Miss Jean Louise, stand up. Your fa- was doing a service to these students ingly proud of his children. Indeed, he had a ther’s passin’.’’ To me, this silent homage to by coming to speak before them, jar a good and courageous man, who respects disconcerting tendency to adopt any of us their imaginations, and give them when he felt we needed guidance. and believes in the rule of law—and is willing He taught us that character counts and in- to defend it even at great personal cost—is something more to think about. tegrity is personal. He never allowed cruelty the most moving moment in the whole film. The fact is, what she said was not or deception or hypocrisy to go unchal- Justice Puglia was just such a man. And he that radical. Groups have keyed in on lenged. He did the right thing even when he was not a fictional character. Most of us her colorful critique of the New Deal. would have benefited from doing the expe- have risen to our feet many times to mark Give me a break. The same people who dient thing. Freedom is not free he would his passage because he was a judge. Court come down here decrying Justice protocol required us to show respect for the often remind us, but, in Justice Puglia’s Brown’s description of the New Deal as view, it was worth the price—however dear. robe and what it represented. But Justice His life experience and his understanding Puglia was the kind of man who earned and revolutionary turn around 5 minutes of history produced in him a certain tough- could command our respect by virtue of his later and claim that our current Social ness—the power of facing the difficult and life and character. In a way, the robe was su- Security system cannot be adjusted unpleasant without flinching; discipline and perfluous. one iota to address contemporary con- intellectual rigor; physical courage; and, We have had the great good fortune to cerns because it was central to the New even more importantly, the courage to be know this extraordinary man. We can re- Deal’s political revolution. Can you different. Never one to follow the herd of member what he taught us. We need not be fearless to have courage. We can be tough imagine, these very same people who independent minds, his was a unique voice. find so much fault with her? You can- As California’s Chief Justice has ruefully ac- and tender. We can do the right thing—and knowledged, Justice Puglia was ‘‘a strong face the bad that cannot be avoided unflinch- not have it both ways. personality . . . not shy of stating his beliefs, ingly. We can laugh. And we must sing—even Their real problem is that Justice nor about challenging others to justify when people frown at us and advise us to Brown then went on to criticize some theirs’’ but surprisingly willing to listen and keep our day jobs. We can care for the people of the unintended social and political modify his views. He was, as his long-time around us. We can be generous. We can make consequences of big Government. When colleague Justice Blease noted: ‘‘formidable’’ our way, against the tide, without rancor or she claimed that an increasing public and ‘‘intimidating,’’ but he had a ‘‘heart of bitterness. And when we are tired and over- sphere tended to undermine the indi- burdened and feel we are not brave enough to gold.’’ vidualist spirit present at America’s There are so many themes and threads go on, we will hear his voice in our ear. Hear that run through Justice Puglia’s life and him say in that quiet and steely tone: ‘‘Yes, founding, she was saying nothing other the history of the Third District Court of Ap- you can. You can.’’ And we will know that than what de Tocqueville, Ronald peal that I do not think it can be mere coin- we are being true to his legacy. The legacy of Reagan, Booker T. Washington, Robert cidence. Norton Parker Chipman had stood one who loved liberty. We will know that we F. Kennedy, and countless political on the battlefield at Gettysburg when Lin- are standing up . . . because Justice Puglia is philosophers and economists have coln gave that memorable speech. Justice passin’. noted over the years. Puglia was a student of history—especially Mr. HATCH. Mr. President, Janice Everyone knows that it takes a vil- the Civil War era. He could speak of Ander- Rogers Brown’s deep and uncompro- lage—families and communities—not a sonville and Robert E. Lee and the battles of that terrible war as easily as other people re- mising desire to secure equal justice sterile Government-mandated bureauc- cite the latest baseball scores. There are for everyone who appears before her is racy to raise a child or, rather, that it similarities in the descriptions of Justice evident off the bench as well. She has takes a family, not the Government, to Puglia and President Lincoln that are strik- served as a member of the California raise young citizens. ing. Commission on the Status of African- Yet her critics treat Justice Brown’s In a speech in 1906, Norton Parker Chipman American Males. This bipartisan com- claims as trying to prove that the recalled that his friend Abraham Lincoln mission made recommendations for ad- world is flat. The senior Senator from was ‘‘firm as the granite hills,’’ yet capable Massachusetts was on the floor yester- of great patience and forbearance. Carl Sand- dressing inequities in the treatment of burg described Lincoln as ‘‘both steel and African-American males in employ- day afternoon and today arguing that velvet . . . hard as rock and soft as the drift- ment, business development, and the Justice Brown’s claim that an increas- ing fog.’’ Reading these words caused a shock criminal justice and health care sys- ing public sphere is detrimental to of recognition, for I had been seeing exactly tems. This was noble work. civil society is outside the legal main- this sort of paradox and contradiction in the In addition, as a member of the Gov- stream. Again, give me a break. life of Justice Puglia. ernor’s child support task force, she I cannot help but think that for Jan- Seeing these parallels, I have come to un- made recommendations on how to im- ice Rogers Brown, this criticism of big derstand that this flexibility is neither par- adox nor accommodation. It is just the oppo- prove California’s child support en- Government is related to her experi- site—a sense of sure-footedness and balance forcement system. No small matter. ence growing up in the Deep South and that is often the defining trait of people of She would not have been trusted with her adulthood working for the State of great character and impeccable integrity. It that had she been as described by some California. She did not have to read is precisely this quality which makes the of my eminent colleagues and friends about Jim Crow in books. She lived it. honest public intellectual, a man like Bob on the other side. My sense is that part of Justice Puglia, so extraordinary. Justice Brown’s critics cannot escape Brown’s commitment to rugged indi- In his first message to Congress in 1862, this story, so they turn to her state- vidualism is related to this hard- Lincoln warned that we might ‘‘nobly save, or meanly lose, the last best hope of earth.’’ ments off the bench and to her deci- learned lesson: There are limits to Lincoln, of course, was referring to the sions on the bench in California to as- what Government can accomplish. Union. Justice Puglia felt that same sense of sert misleadingly that she is extreme. That is precisely what President fierce commitment to the rule of law. The The instances they cite do not support Reagan stated in his first inaugural ad- preservation of the rule of law and of the these hysterical charges, and I want to dress. When he said this in 1981, some equality of all people under that rule was, in consider them at some length. of the very same people who attack his view, the core principle of liberty and the One of Justice Brown’s speeches re- Janice Rogers Brown today said Presi- only reason America might qualify for such ceived quite a bit of attention. In April dent Reagan was out of the main- a grand epithet. My favorite movie scene is in To Kill a 2000, she was invited to speak at the stream. That was the argument by the Mockingbird. It is the scene where Atticus University of Chicago Law School. I very same people back then. Finch has argued brilliantly and raised much have had the same privilege, by the Nowhere was this well-intentioned more than a reasonable doubt, virtually way. Evidently, her critics say what governmental overreach more apparent

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6196 CONGRESSIONAL RECORD — SENATE June 8, 2005 than in our failed experiment with wel- She wrote those words while arguing Her critics charge this demonstrates fare. Republicans and Democrats alike, for the exclusion of evidence of drug her blanket opposition to affirmative originally led by the insights of our possession discovered after an African- action. Such a conclusion depends on a former colleague, the late Democratic American defendant was arrested for deliberate misreading of Justice Senator Daniel Patrick Moynihan, un- riding his bicycle the wrong way on a Brown’s opinion in this case. She could derstood the detrimental impact of residential street. She believed that not have been any more clear. She did welfare on the urban poor in par- the only reason this person was not oppose affirmative action in all cir- ticular. I think Janice Rogers Brown stopped was because of his race, and cumstances. These are her words: understood that lesson as well. she was the only one of her colleagues Equal protection does not preclude race- But for articulating a similar skep- on the supreme court to argue for the conscious programs. ticism about Government, Janice Rog- exclusion of this evidence on the Contrary to the propaganda being ers Brown has been branded a radical grounds that it was the product of im- issued by liberal interest groups, Jus- revolutionary. Quite the contrary. Her proper racial profiling. Yet our col- tice Brown’s opinion explicitly author- arguments have been based on reason- leagues over here say she is an oppo- izes affirmative action programs. able concerns. And hers was a conclu- nent of civil rights. Give me a break. I do not blame my colleagues on the sion reached over the years by millions I have seen and heard just about ev- other side completely because most of of Americans. erything in my years in the Senate, the time they just take what these out- A few of Justice Brown’s many deci- but the highly partisan campaign of side leftwing radical groups give them sions while a judge have also served as the NAACP against Janice Rogers and read it like it is true. So I say I do a source of the criticism that has been Brown is particularly shameful. It is not blame them completely. But unlike unfairly leveled at her. Of all the criti- sad to see the NAACP, the Nation’s the Supreme Court of the United cisms of Justice Brown, none more ran- foremost civil rights institution, be- States, the people of California have kles than the claim she opposes civil come little more than a partisan spe- rejected quotas and race-based head rights. That is laughable. This is par cial interest group. counting. for the course for some of these left- The other day I received a fax from Those are not affirmative action pro- wing, fringe groups that have been their office urging me to vote against grams that merely take race into ac- smearing and attacking Republican Justice Brown’s confirmation because count. Programs such as the one under nominees ever since I can remember, she was, ‘‘hostile towards civil rights review in the Hi-Voltage case are im- but certainly ever since Justice and the civil liberties of African Amer- proper quota programs. For following Rehnquist had his hearings and was icans and other racial and ethnic mi- the mandate of California citizens on confirmed to the Supreme Court as norities.’’ this subject, she has been called rad- My stomach turned when I read this. Chief Justice. ical. Just this week, the chairman of the Not only is this irresponsible rhetoric, The NAACP’s criticism is, as usual, Democratic National Committee was not only is it unfair and uncharitable, overblown. They claim that Justice quoted as telling a group in San Fran- it is without any real foundation. In Brown’s decision ‘‘makes it extremely difficult to conduct any sort of mean- cisco that Republicans are ‘‘not very other words, it is total bullcorn, and it ingful affirmative action program in friendly to different kinds of people.’’ is wrong. The NAACP, along with a number of California.’’ He called the GOP ‘‘pretty much a other groups, has turned to Justice But what is a meaningful affirmative monolithic party. They all behave the Brown’s opinion in Hi-Voltage Wire action program? I fear that these left- same. They all look the same. It’s pret- Works, Inc., v. City of San Jose to show wing liberal interest groups are sug- ty much a white Christian party.’’ This that she is inhospitable to minorities gesting that the only meaningful type is racial demagoguery, pure and sim- because of her supposed stance on af- of affirmative action program is the ple, done by the chairman of the Demo- firmative action. These arguments, type of quota program specifically cratic National Party. If I didn’t know again, are way off the mark and an banned by proposition 209. As it turns how bright he was, I would call him a analysis of them demonstrates not out then, Justice Brown’s real failure raving idiot. But maybe he is just that only that Justice Brown is a main- in this case is that she did not tailor part of the time. stream conservative judge but also the law to suit her own moral and po- This desperate rhetoric has a pur- that these interest groups are ex- litical preferences. For this, she is de- pose: to mask the increasing attraction tremely liberal outfits attempting to monized as a radical. It is her failure to of conservative ideas to African Ameri- gain through judicial fiat what they embrace full-blown judicial activism cans, Hispanic Americans, Jewish cannot fairly win through the legisla- that is her principal failing in the Americans, and other minorities the tive process through the elected rep- minds of her detractors. Democrats have felt they have an abso- resentatives of the people. Consider her opinion in American lute claim to, no matter how out- The Hi-Voltage case involved Califor- Academy of Pediatrics v. Lundgren. rageous some of their programs and nia’s proposition 209. In a popular ref- This case involved California’s paren- ideas are. erendum, the people of California were tal consent law. Parental consent laws So it is not surprising that when the clear: Discrimination or preferential are not rightwing policies. They are organized critics of Janice Rogers treatment on the basis of race, sex, moderate restrictions on abortion Brown send their faxes to the press, her color, ethnicity, or national origin vio- rights supported by substantial majori- argument in the decision People v. lates core constitutional principles of ties of the American people. McKay is notably absent. This is what equal treatment under the law. There- I find it interesting that the same she had to say there: fore, proposition 209 prevented dis- groups that champion the right of a In the Spring of 1963, civil rights protests crimination in any public employment, woman to make an informed choice in Birmingham united this country in a new public education, or public contracting. about obtaining an abortion also reject way. Seeing peaceful protesters jabbed with Now, at issue in this case was a San moderate restrictions on the accessi- cattle prods, held at bay by snarling police dogs, and flattened by powerful streams of Jose minority contracting program bility of abortion to minors who rou- water from water hoses galvanized the na- that required contractors bidding on tinely do not possess the judgment nec- tion. city projects to employ a specified per- essary for the profound moral and phil- Without being constitutional scholars, we centage of minority and women con- osophical decision to obtain an abor- understood violence, coercion and oppres- tractors. In her opinion, Justice Brown tion. sion. We understood what constitutional lim- merely did what every judge who ever We should not forget the U.S. Su- its are designed to restrain. We reclaimed reviewed this case did. Through the preme Court, while acknowledging the our constitutional aspirations. What is hap- trial court, through the appellate right to an abortion, also has held that pening now is more subtle, more diffuse, and less visible, but it is only a difference in de- court, to the Supreme Court, all con- it is permissible under the Constitution gree. If harm is still being done to people be- curred with Justice Brown that this to establish parental consent laws such cause they are black, or brown, or poor, the program was exactly the type of nox- as California’s. California courts have oppression is not lessened by the absence of ious racial quota program that propo- long relied on Supreme Court prece- television cameras. sition 209 was designed to prevent. dents when defining the boundaries of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6197 their State’s own constitutional right have to wait and see what the full im- the law rather than remaking it ac- to privacy. That is the context of this plications of this deal really are. cording to her own theory of justice. decision, and in it Justice Brown dis- It does seem, however, that the clo- What they really object to is Justice sented from the determination of an ture votes on nominees such as Pris- Brown’s refusal to revise legal guaran- activist court to overturn California’s cilla Owen, Janice Rogers Brown, and tees according to some version of jus- moderate restriction on abortion William Pryor demonstrate the emer- tice not present in a text. rights. She wrote: gence of a filibuster-proof majority I am proud of this body for allowing When the claim at issue involves fun- that believes even judges with conserv- Justice Brown’s nomination to finally, damentally moral and philosophic questions ative judicial philosophies are not the at long last, come up for a vote. My as to which there is no clear answer, courts extraordinary cases that would trigger guess is that she will soon be sworn in must remain tentative, recognizing the pri- a filibuster and that even a conserv- as a Federal judge. That will be a great macy of legislative prerogatives. ative African-American woman has a day not only for Janice Rogers Brown, She continued, adding that: chance to serve in this country. Unfor- who has had to endure these coordi- The fundamental flaw running through its tunately, some have been against her nated, calculated attacks on her char- analysis is the utter lack of deference to the primarily because she is a conservative acter, but it will be a great day for this ordinary constraints of judicial decision- African-American woman. Nation as well, and it will bring a lot of making—deference to state precedent, to We seem to be gaining ground in the joy to me personally. federal precedent, to the collective judgment fight against the erroneous belief that In all of the hundreds of judges who of our Legislature, and, ultimately to the nominees with whom one disagrees po- now sit on the bench, Janice Rogers people we serve. litically are undeserving of an up-or- Brown is one of the finest people I have This is not some debate over a speech down vote. Of course, the acid test of met and interviewed. So is Priscilla that Justice Brown gave at a law this agreement will come in the weeks Owen. So is William Pryor, whom we school forum. We know that is not the ahead when the Senate addresses nomi- will vote upon probably tomorrow. real threat to these interest groups. nees not specifically granted a safe These are outstanding people, and so They can see that judges such as Jan- harbor by the compromise. are the others who have been waiting ice Rogers Brown take their oaths seri- This debate over Janice Brown and for so long to just have the opportunity ously. They will interpret the law rath- others with her conservative philos- for a vote up or down on this floor. er than act as super legislators and ophy of judicial restraint is an impor- I am tired of seeing these good people make the law. tant one. I will not compromise on the maligned with false facts, to begin By showing deference to the people’s principle that the American people and with. I am tired of seeing them ma- representatives and the legislative and their elected representatives, not ligned with misinterpretations of the executive branches, these groups which judges, should make social policy. Our case law, primarily written by some of too often today try to take the easy courthouses were never intended to be these outside groups that have real way out will now have to engage in the mini-legislatures. Judges do not have axes to grind and that are on the far political process to win their points of the constitutional responsibility, insti- left bank outside of the mainstream of view. Personally, I believe this would tutional capacity, the staff, or the wis- the law itself. I hope everybody will vote for Janice be a healthy development, but to those dom to be good policymakers, and Rogers Brown. She will make a real uncompromising special interest judges are not and should not be phi- difference on the bench. She is a good groups the democratic process is a losopher kings with some ability to di- threat, not a gift. person. I interviewed her for more than vine the existence of rights not clearly 3 hours. I can say, I have seldom met a Soon we are going to have to vote on expressed in statutory law created by Justice Brown’s nomination. I am glad person of such capacity, decency, dig- the people’s elected representatives or nity, and honor as she and Priscilla and thankful that we are finally reach- in constitutions established by the peo- ing this point after the number of Owen. It will be a great day to confirm ple themselves. her as a judge on the Circuit Court of years we have been at it. I know many We are told by some that Justice people wanted to move beyond these di- Appeals for the District of Columbia. Brown is a radical. Shortly after the I yield the floor. visive debates over judges. I appreciate President was elected in 2000, the The PRESIDING OFFICER (Mr. COR- their desire to move beyond this messy Democratic Party held a retreat at NYN). The Senator from California. business of judicial nominations and I which a number of liberal law profes- Mrs. BOXER. Mr. President, I rise to understand the desire to applaud the sors urged them to ‘‘change the ground speak to this nomination of this very deal that has allowed last week’s vote rules’’ on judicial nominations. That controversial nominee who is opposed on Priscilla Owen and our vote later was radical advice. It upset long- by both Senators from California, today on Janice Rogers Brown. The ul- standing constitutional balances, and which is fairly extraordinary. I remem- timate meaning of this compromise is unfortunately it was accepted by the ber well a time in the not too distant yet unknown, but one thing we do former minority leader. past when even if one Senator from a know, these qualified women will have We must reject this effort. I, for one, State opposed a nominee from his or long careers on the bench in large part am not afraid to have this debate. The her State, that sank the nomination. because the majority leader had the American people know judicial activ- Then they said it had to be both. guts and decided to press this issue, re- ism when they see it. Just in the last We have a situation where both Sen- establish longstanding Senate prece- few years we have been told by judges ators from California oppose this nomi- dents, and tried to support the con- that the Pledge of Allegiance is uncon- nee. I can assure the Senator from stitutional separation of powers. stitutional, that our Bill of Rights Utah, if he opposed a nominee who Our senatorial power of advice and should be interpreted in light of deci- came from his State, and his colleague consent does not include the right to sions by the European Court of Human did as well, I think I would give it a lit- permanently filibuster judicial nomi- Rights, and that well-considered bans tle more, shall we say, attention than nees. We have gone a long way to re- on partial-birth abortion violate core he is. affirming what used to be an obvious constitutional principles. The fact is, if you have watched this truth, and we owe a debt of gratitude Only a few weeks ago, a Federal debate, you know by now that this to the leader for helping to make this judge in Nebraska invalidated the duly nominee is way outside the main- happen. We should also acknowledge passed State constitutional amend- stream. You can stand up here and say the well-intentioned efforts of the 14 ment that preserved traditional mar- all you want that she is in the main- Senators involved in facilitating these riage in that State. The definition of a stream and within the mainstream. votes. I know many conservatives are judicial activist is someone who puts You can even say that she won election upset with this arrangement. I am my- his or her own personal views ahead of in California. What you are not saying self. I am certainly not entirely com- what the law really is. is she came up for election about 11 fortable with all the aspects of it my- Some of the leading groups opposed months after she had served a 12-year self, and I have said that it may prove to Janice Brown oppose her precisely appointment, and she had no opposi- to be a truce, not a treaty. We will because she will faithfully interpret tion. Nobody ran against her. Most of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6198 CONGRESSIONAL RECORD — SENATE June 8, 2005 her controversial decisions occurred appointment—at very high pay, by the That is my State, the California Su- after that vote. way, and very good retirement—that preme Court. Anyone who knows anything about there would be a check and balance . . . the bar commission that reviews judicial California politics knows that it is against this nominee, so only those nominees told Governor Pete Wilson in a very rare that judges are made into an who deserve to be on the bench, who confidential report. election issue. We usually approve our show that they had judicial tempera- Janice Rogers Brown judges. It is very different than what is ment, who were qualified—underscore . . . does not possess the minimum qualifica- being presented here, that everyone that, very important—and who were in tions necessary for appointment to the high- went out and said: Oh, hurrah, Janice the mainstream, will take their seats. est court in the State, the bar commission Rogers Brown is running. This is not So we had a crisis that, fortunately, I that reviews judicial nominees told Governor Pete Wilson in a confidential report. the case at all. We have Senator HATCH am very pleased to say, was resolved by coming up and saying this woman is some Republicans and Democrats who This is the nominee Senator HATCH well within the mainstream and all the got together and stood up to the Re- says he hopes everybody votes for. Now rest of it, but the two Senators from publican leadership and said: Wrong. she is moving over to an area where California are saying: Watch out. Be- We are not going to do this. We are not she hasn’t really practiced before, to cause no statement could be further going to see a packing of the courts. the Federal bench. from the truth. We are going to preserve the filibuster. Yesterday, I was at a press con- I have spoken on this nomination and But what happened was three very ference with some fantastic women on the broader issue several times. controversial judges got past that fili- lawyers, including Eleanor Holmes Sometimes you ask yourself, is it buster. That was the deal that was cut, Norton, who you know, I think, is the worth just one more time? I would say, that Priscilla Owen, that Pryor, and delegate to the House of Representa- in answering my own question, to me it here Janice Rogers Brown would be tives from DC, and also Elaine Jones. is worth it just one more time because guaranteed their cloture vote, and then They went through, chapter and verse, the issues surrounding these nomina- we will now be voting on them. It will her decisions, her writings, her minor- tions we are addressing these next days take 51 votes to stop Janice Rogers ity views. They agreed this is a terrible Brown. I hope we can get that. will bring home to the American peo- appointment. What is interesting is Senator HATCH said he hopes every these are African-American women ple why it was that we had all this fuss single person in the Senate will vote over 10 judges the Democrats blocked. speaking about an African-American for Janice Rogers Brown. I predict, if woman. This is not easy to do. It is not These are 10 judges put forward by she gets confirmed, it will be by the President Bush who were all extraor- easy for a female Senator to say this is fewest number of votes we have seen a terrible appointment. dinary cases, outside the mainstream, around here, probably, in many years. I whether dealing with employment This nominee’s personal story is re- think so. markable. There are a lot of remark- rights or the environment or civil Let me talk about the issue of quali- rights or human rights—any kind of able stories in America. We are all so fications because this is something I proud of our country, that it gives peo- rights you can think about: privacy did not discuss with my colleagues up rights, the right to make sure our kids ple opportunity. But what I am fearful until now. On April 26, 1996, the Los about is what she is going to do to are protected and our criminals are Angeles Times wrote about an evalua- those who want to grab that dream. punished. tion report that was written about Her attitude toward what the govern- In these 10 cases, we found many ex- Judge Janice Rogers Brown. This is ment can and cannot do, her attitude amples where our people were left in what the Times reported: about what is permissible in a work- the lurch because of decisions made by Bar evaluators received complaints that these judges. In some cases, these Brown was insensitive to established legal place, is shocking. Her attitude toward judges, fortunately, were in the minor- precedent . . . lacked compassion and intel- senior citizens, her attitude toward ity. In the case of Janice Rogers lectual tolerance for opposing views, mis- children, her attitude toward rape vic- Brown, she was in the minority many understood legal standards and was slow to tims, all of this is very frightening, to times because she is so out of the produce opinions. think this woman, with a great per- mainstream that not even her five Re- Can you imagine? This is the person sonal story, is going to bring those publican colleagues could join her in who everyone who spoke on the other kinds of values and this kind of record many of her dissents. side today has said is so great, every- to the court that many consider to be But this number, 208 to 10, reflects one who spoke on the other side said is second in importance to the Supreme where we were when the Republicans so wonderful? This is the person they Court of the United States of America. threw a fit and the White House threw all said deserves to be promoted? Let’s There is no question that this nomi- a fit and said: We want every one of our read it again because it is important. nee is way out of the mainstream. This judges passed. We don’t want to lose This woman is going to the circuit is one of her famous quotes. You listen even 5 percent of our judges. They got court of appeals in Washington. ‘‘Bar to these words. These are not the words 95 percent. They were not happy—208 to evaluators’’—these are the people who of Senator BARBARA BOXER or Senator 10, and they threatened to change a are the experts—‘‘received complaints DIANNE FEINSTEIN or Senator PATRICK system that has been in place well be- that Brown was insensitive to estab- LEAHY or Senator HARRY REID or any lished legal precedent . . . lacked com- fore the movie ‘‘Mr. Smith Goes to other Senator who is opposing this passion’’—and we are going to show Washington’’ came out. For more than nominee; these are the words of the that—‘‘and intellectual tolerance for 200 years, the Senate has had the right nominee: opposing views. . . .’’ In other words, to unlimited debate that can only be Where government moves in, community intolerant to opposing views. Can you shut off by a supermajority. We have retreats, civil society disintegrates, and our imagine a judge who is intolerant to ability to control our own destiny atrophies. had that in place for a very long time. opposing views? How can that judge be The Republicans did not like it. They The result is: Families under siege; war in independent? How can that judge be the streets; unapologetic expropriation of only got 95 percent of their judges and, fair if, going in, they are intolerant to property; the precipitous decline of the rule by God, they wanted 100 percent. It re- certain views? And they said she ‘‘mis- of law; the rapid rise of corruption; the loss minds me of my kids when they were understood legal standards.’’ That is a of civility and the triumph of deceit. The re- little, and probably I was that way condemnation for someone who is sult is a debased, debauched culture which when I was little. ‘‘I want it all. I want going to be judging. ‘‘And she was slow finds moral depravity entertaining and vir- tue contemptible. everything. I don’t want to give up a to produce opinions.’’ We all know that thing.’’ That is not the way the Senate we would like to have justice be swiftly I don’t know what country she grew works. It is not the way the country delivered. Justice delayed is justice de- up in. I really don’t know how she got works. nied. She was slow to produce opinions. her views of America because clearly If you read what the Founders had in The LA Times goes on: she has been critical of the government mind for our Nation, it was protecting She does not possess the minimum quali- in her writings, going back to the 1930s. minority rights. So when an appoint- fications necessary for appointment to the So, presumably, because she has been ment such as this, which is a lifetime highest court in the State, in the minority view on all the things

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6199 she says and does, she has to be miser- zens of ‘‘blithely cannibalizing their Wrong. I would not be here if it were able about the state of America. She grandchildren because they have a not for Republican, Independent voters, thinks our families are under siege, right to get as much ‘free stuff’ as the and Democratic voters. Here is the that there is war in the streets, that political system permits them to ex- deal: She stood alone on a court of six people are getting their property taken tract.’’ Republicans and one Democrat 31 away from them, that there is a decline What a view of our senior citizens. times. Think about it. You are a judge. in the rule of law. I guess she doesn’t The greatest generation; the genera- You are a Republican. You have five know we are doing much better con- tion that fought in World War II. And Republican colleagues and one Demo- trolling crime. Who does she think is now, getting to be the generation that cratic colleague. Yet 31 times you dis- going to control crime if not govern- fought Vietnam, one of the toughest agreed with those five Republicans and ment? Does she think we should have a wars because it was so controversial, that one Democrat. private police force? and the suffering that guess on. These Who could actually stand up here, When government moves in, every- are the folks that are now the grand- look the American people in the eye, thing is terrible. Does that mean when parents and the senior citizens. They and say she is a mainstream judge? we build a highway things get worse, or are getting as much ‘‘free stuff.’’ Why? That is just not true, based on the do they get better? Does that mean if Because they served in the military facts. Members can say whatever they we fund a transit system things get and they get veterans’ benefits, vet- want on the Senate floor, and I would worse, or they get better? Does that erans’ health care, and prescription die for a Members’ right to free speech. mean when we fix a pothole or pass a drugs if they are sick. I resent Janice You can put lipstick on it, nail polish, law that you have to wear a seatbelt Rogers Brown’s statements. I resent and dress it up, but the facts are the that things get worse, or things get that statement on behalf of every sen- facts: She stood alone 31 times on a better? ior citizen in this country. You can put court of six Republicans and one Demo- She is an idealogue because the an- lipstick on it, you can put nail polish crat. swer is sometimes government does on it, it is still ugly. Maybe it goes back to what the bar good things, and sometimes we don’t. She calls government ‘‘the drug of said about her, when she was put up for Sometimes we do things we should not choice.’’ She even goes after rugged her position, that she was unqualified, do, and sometimes we don’t do enough. midwestern farmers. She says they are that she did not understand legal But there is no way you can say when looking for big government. precedent. Maybe that explains why government moves in, deceit triumphs Who does she know—a rugged mid- she stands alone, she does not know and we have a debauched culture and western farmer who is looking for the what she is doing. Maybe she does not virtue is contemptible. Is she that crit- Government to support them? And understand it. Maybe she does not get ical of this country? Is she that down ‘‘militant senior citizen.’’ Every time I it; otherwise, why would she find her- on this country? Is she that negative say that I think of grandmothers in self alone so many times? about the greatest country in the Army uniforms marching down the Let’s go back to what has been said world? The answer is, she is. street. These are visions so ridiculous when she was appointed by Pete Wil- Let’s look at some of the other that they have no place being brought son. They received complaints that things she said. When we had the New into this D.C. Court of Appeals. At the Brown was ‘‘insensitive to established Deal, this country was in the middle of end of the day, that means there is legal precedent.’’ In a court of appeals, a terrible depression, and the Congress deep hostility toward our senior citi- that is a key fact. You have to under- and the President passed some overdue zens, toward our workers, toward our stand what the law is, what has come legislation such as the minimum wage farmers, toward our people. before. She ‘‘lacked compassion and in- because people were starving to death. Janice Rogers Brown is way outside tellectual tolerance for opposing views, They said it was important to have a the mainstream to the extreme. misunderstood legal standard and was 40-hour workweek because people were I hope the American people under- slow to produce opinions.’’ being worked to death. Social Security stand why we held her up for so long. Maybe she just couldn’t follow the was instituted at that time. She calls The only reason she is getting the up- reasoning of her colleagues because she this ‘‘the triumph of our own Socialist or-down vote today is she is part of the did not understand the legal prece- revolution.’’ deal to preserve the filibuster for fu- dence, or maybe they were moving too I am assuming, therefore, she thinks ture out-of-the-mainstream folks. We fast for her. Or, maybe she chose just we should go back to the days when we were on the verge of losing that. not to follow it because she lacked did not have Social Security. That is She argued that e-mail messages sent compassion, and she has no intellectual interesting because there are other by a former employee to coworkers tolerance for opposing views, even if it people who feel that way around here. criticizing a company’s employment is legal precedent. So they happily vote for Janice Rogers practices were not protected by the Let’s see what else they said: Brown. Does she think we should go first amendment, but she supported She does not possess the minimum quali- back to the day when children worked corporate speech. That was in Intel v. fications necessary for appointment to the in the workplace? Child labor laws Hamidi. highest court in the State [that is the Cali- were passed around that time. Does she She argued that a city’s rent control fornia State court] the bar commission that think a boss can tell you, you have to ordinance was unconstitutional and a reviews judicial nominees told Gov. Pete work 100 hours? I guess she does be- result of the ‘‘revolution of 1937.’’ The Wilson in a confidential report. cause it is socialism. woman is stuck in the past. She keeps This was printed in the ‘‘Los Angeles And then her famous quote about going back to the New Deal, to 1937. Times’’ April 26, 1996. senior citizens. This is a woman who Get over it. The things that worked One would think that the President’s this President wants to send to the sec- well, we have continued—such as So- men who came up with this idea would ond highest court in the land. Her view cial Security, minimum wage, or the have vetted this person. Why did we of senior citizens is extraordinary: She FDIC, where we protect your deposits. stop her from getting a vote? Simply called senior citizens ‘‘cannibals.’’ I Get over it. The American people de- because we knew the facts. If she want everyone to think of their grand- mand those minimum protections. wasn’t qualified for the California Su- ma right now. Does anyone think of But not Janice Rogers Brown. She preme Court, how does she now get to their grandma as a militant? Does any- does not demand it. She argues that it be qualified for this position? It makes one think of their grandma as stealing was a revolution that the New Deal no sense. from you? Or, rather, that your grand- began. She opposed it and says it is all We will go back to some of the times ma thinks much more about you than about takings and it is all wrong. she stood alone. This case is rather re- she does about herself? I can assure Here is an interesting fact. Janice markable. We have Janice Rogers you that is what we think of our grand- Rogers Brown is on a court with six Re- Brown, a female. A case comes before mas. They will do anything for us, for publicans and one Democrat. People her of a woman who was 60 years old. their grandchildren. But not Janice say, it is California, it is California, ev- She was a superstar working in a hos- Rogers Brown. She accuses senior citi- eryone there is a liberal Democrat. pital, Huntington Memorial Hospital.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6200 CONGRESSIONAL RECORD — SENATE June 8, 2005 She was fired from her job based on age stream. Is it in the mainstream of how about this? An African-American discrimination. Janice Rogers Brown America to side with a rapist over a 17- policewoman needed to rent a place said: year-old girl? Is it in the mainstream and knocked on a door and had the . . . discrimination based on age does not of America to side with an employer door slammed in her face—more than mark its victims with a stigma of inferiority who fires you because you turn 60? It is once, again and again. She sued for dis- and second class citizenship. totally against the State and Federal crimination. Every single member of I ask the average American: A 60- law. that court, the highest court in Cali- year-old employee is perky, who is She was the only member of the fornia, ruled in favor of this police- sharp, who is wise, who is experienced, court to oppose an effort to stop the woman—except Janice Rogers Brown. who has gotten stellar reviews, who sale of cigarettes to children. That case Oh, no. Oh, no. She said: You do not de- does better than almost anyone else, was Stop Youth Addiction v. Lucky serve any damages. You do not deserve but she is fired because someone in Stores. There is a reason there is an or- any award for what you went through. management said, 60, you are out. So ganization called Stop Youth Addic- Too bad. she is out of a job. And this woman had tion—because we all know that tobacco Now, she may not have written it a lot of pride in her work. Maybe it was is so addictive. When you start young, like that in her statement, but at the her whole life, maybe she was so de- it is very hard to kick the habit. I am end of the day she had to look in this voted. We know people like that. Jan- sure everyone in this Chamber who has woman’s eyes, this policewoman’s, and ice Rogers Brown makes a statement ever smoked knows how hard it is to say: Got the door slammed in your face that ‘‘discrimination based on age does kick the habit. The younger you start, three times? Too bad. That is the bot- not mark its victims with a stigma of the more hooked you get. tom line with how she ruled. She might inferiority and second class citizen- Therefore, parents and others who as well have said that. And she stood ship.’’ are advocates are trying to make sure alone. Is that American values? Is that Yesterday in the press conference they cannot go into the store and pur- mainstream America, that someone where I was with a lot of minority chase cigarettes at an underage level. would stand on the side of someone women lawyers, one of them, Elaine She was the only member of the court who slammed the door in the face of Jones, made an important point about to oppose the effort we had going on to someone simply because they did not this case. She said it is fine for Janice ensure that kids do not buy cigarettes. like their appearance, they did not Rogers Brown to think that discrimi- Is that mainstream thought, to go up look like them? Seriously, folks, this is nation based on age does not mark its against parents and families and say it pretty basic American values 101. victim with a stigma of inferiority and is fine for a retail store to go ahead and She is the only member of the court second class citizenship. If she feels sell cigarettes to a kid—your kid, my to find that a disabled worker who was that way, she should run for public of- kid, my grandson? That is not main- the victim of employment discrimina- fice, run for the Senate, go to the stream. It is out of the mainstream. tion did not have the right to raise House and change the laws we have This woman is out of the main- past instances of discrimination that written which say, in fact, it is a stig- stream. That is why the Democrats had occurred. So here is someone who ma to be the victim of age discrimina- have stopped her, until today. We did is saying they were victimized in an tion. This is hurtful, and it does confer use the filibuster on her. We were glad employment situation because they second-class citizenship on the indi- to use the filibuster on her. If it did not were disabled, they wanted to be able vidual. happen that we had this deal, we would to tell about the series of events that Her position is her own opinion. Ev- still be using the filibuster on her, to led up to this particular lawsuit, how eryone has a right to his or her own protect the people of the United States many times this had happened—she opinion. I don’t have a problem with of America from her kind of values had MS and these discriminatory acts that. I don’t agree with her. I think it which stand with a rapist, which stand had taken place over many years—and is mean. I think it is nasty. I think it with the tobacco companies, which Janice Rogers Brown stood alone and hurts our people. But she has a right to stand with those who discriminate. said she did not have the right to raise think that if she wants. What she does She can explain in any way she the past instances of discrimination. not have a right to do as a judge is to wants. We know the results of her Is that an American value, to tell say that the law we passed simply does thinking. She could come up with a someone who has multiple sclerosis, not exist. That is why she is so out of fancy explanation to tell this young 17- who has been discriminated against for the mainstream. We have found that year-old woman, but look her in the years: Well, we are not interested; we age discrimination brings with it a eye and say: Well, your rapist has to are not interested in hearing about the stigma of inferiority and second-class get out because you didn’t say it ex- past; just stick to this one case? citizenship. We have said it is illegal. actly the right way—when every other I do not think, if my colleagues real- It is not legal. Her position is contrary member of the court sided with this 17- ly took the time and the energy and to State and Federal law and puts her year-old girl. the effort to do the kind of work my way outside the mainstream. I am shocked my colleagues are sup- great staff has done on this—and I have And now a look at some of the oth- porting this nominee. And this issue is to say, I heard Senator HATCH say, ers. She is the only member of the not going to go away. These decisions well, all this comes from—what did he court to vote to overturn the convic- are not going to go away. There are say?—liberal groups writing these tion of the rapist of a 17-year-old girl going to be writings about these deci- things. This is painstakingly difficult because she felt the victim gave mixed sions. There is going to be discussion work done by my staff. And they went messages to the rapist. about them. People will be held ac- through it because I said: Did she ever Maybe my colleagues on the other countable for their votes here. They stand alone—because I knew her rep- side want to send someone to this very should be, one way or the other. utation is so out of the mainstream— important court that stands with a If people in my home State are going did she ever stand alone? And they rapist against a victim. I wouldn’t to write and say, Why are you speaking came back to me with this: She stood think so. If one reads details of the out against someone from California, a alone on the side of a rapist. She stood case, members will be shocked by the woman who is a sharecropper’s daugh- alone on the side of people who would details. The young woman already was ter, I am going to say, That is a good discriminate. She stood alone on the raped once. This was a second rape. question, and let me tell you why. She side of tobacco companies against fam- The first man pleaded guilty. He is out of the mainstream to the ex- ilies. That is how I look at it. claimed innocence, but she was the treme, and she is hurting our people. It She said a manager could use racial only member of the court to say this is pretty simple for me. slurs against his Latino employees. young woman did not have a right to She is bad on discrimination. She is Can you imagine coming to work every see this rapist confined to prison. the only member of the court to find day and having to put up with a slur It is shocking to me that my col- that a State fair housing commission about yourself, about your ethnicity, leagues on the other side of the aisle could not award certain damages to about your religion, about your dis- think this woman is in the main- housing discrimination victims. And ability? There has to be some value

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6201 placed on human dignity. Well, you do and in defending a woman they want to out of the mainstream, we are going to not get it when you look at the bring in an expert to talk about bat- stand and be counted. writings of Janice Rogers Brown. You tered women syndrome—why is it that It is not pleasant. It is not nice. It is do not get it when you look at the way a woman, who is otherwise peaceful, not enjoyable. It is not something any- she comes down on a lot of these cases. otherwise decent, with no criminal one looks forward to. She was the only member of the record, no criminal history, would sud- It is unusual to do it, and we did it 10 court who voted to strike down a State denly break out and do violence to an- times. We gave this President a 95-per- antidiscrimination law that provided a other. cent ‘‘yes’’ record of judge confirma- contraceptive drug benefit to women. If you do not understand battered tions, but he is not a happy camper un- There is a very important law in my women syndrome, it makes it difficult. less he gets 100 percent. If I got 95 per- State that says if a woman wants to Janice Rogers Brown was the only cent of the vote, I would be soaring get contraceptives through her insur- member of the court to say a jury high. If I got 95 percent of my bills ance, she should be allowed to. We talk should not hear expert testimony in a passed through here, I would be soaring around here a lot about the right to domestic violence case about ‘‘battered high. I would be so happy if my kids choose and all of that. All of us, I women’s syndrome’’—the only one. listened to me 95 percent of the time. I would hope, would come together in How is that in the mainstream of would be smiling. I would say: Yes, I think you are wrong on that 5 percent, saying we do not want to see so many thinking? How is that in the main- stream of American values? How is but I feel good about it. abortions. That is right. We want to Not this President; he wants 100 per- that going to help us learn more about make sure we reduce the number of cent. It is called the arrogance of abortions. Well, the way you do that is why people would act in a certain way? power. It is called one-party rule. I through contraception. It does not say how a jury has to find. think the American people want to be There was a time and place when They just wanted to have this testi- governed, not ruled. We had a King contraception use was illegal in this mony. All of her colleagues found it George once. It didn’t work out very country, until there was a case in the would be perfectly appropriate. Not well. We like President George better Supreme Court that was actually me- Janice Rogers Brown—out of the main- than King George. But President morialized yesterday, the Griswold stream, in the extreme, standing alone George, as every President, whether it case, which said: No. It is legal. Well, if time after time. was Bill or Harry or you name it—some contraception is legal, why on Earth Janice Rogers Brown, the only mem- day it will be a woman, I can hope— would we discriminate against people ber of the court who voted to bar an every President who reads the Con- who try to use their health insurance employee from suing for sexual harass- stitution knows there is an advice and to get it, their drug benefit to get it? ment because she had signed a stand- consent clause. That means when you So this case comes before the Cali- ard workers’ compensation release put people up for these lifetime ap- fornia Supreme Court, and every mem- form. She was the only member of the pointments, the Senate has an impor- ber of the court—five Republicans and court who said: You do not have the tant role to play. And instead of being one Democrat—except her, except Jan- right to sue if you have been sexually annoyed about it, instead of being ice Rogers Brown, says that is an ap- harassed because you have already bothered about it, instead of feeling it propriate law. So, again, we have some- signed a workers’ comp release form. is cramping your style, you should use one out of the mainstream. If she is so They are two different things. Yet for your power, your effectiveness, your out of the mainstream on contracep- her, no, it was one and the same, and political capital, your charm, use tion, imagine where she will be on the she stood alone in this case as well. whatever you have to come over to the right to privacy, if she gets into that She was the only member of the Senate, to sit down with Senators, to issue. court to find nothing improper about say: Look, I am thinking of putting up She is the only member of the court requiring a criminal defendant to wear Mr. X or Mrs. X. What do you think? to find that a jury should not hear ex- a 50,000 volt stun belt while testifying. It is frustrating because early in the pert testimony in a domestic violence I think we discussed the fact that the Bush Presidency, Alberto Gonzales, case about ‘‘battered women’s syn- U.S. Supreme Court recently made a who was the White House counsel, drome.’’ Now, this one really touches judgment on this, that it is very impor- came over and he did say to me—be- my heart because, fortunately, many tant, in order to have a fair trial—and cause I was against a Ninth Circuit years ago, Senator JOE BIDEN phoned in America that is what we believe in. Court nominee—do you have any good me when I was a House Member, and he Now, I, myself, am very tough on a ideas for who else you might support? I said that he had written a bill called criminal. I would do the worst of the did. I talked to my people, to my Re- the Violence Against Women Act. We worst to someone convicted of a hei- publican supporters. We came in. We knew women were being battered and nous crime because I believe people had six terrific Republican names. We women were being raped. The violence give up their right to be among us if sent them. Nothing. So they asked, but against women was growing, and yet they commit a heinous crime. So I am they never acted. Some of these people there was no Federal response. We have very tough. At the same time, I under- were quite conservative. I think they made tremendous progress in this area. stand you do not want to do something would have been pleased. But this We still have a long way to go. that would prejudice a case. When you seems to be an administration that Mr. President, I have been asked a bring someone into court, before they wants 100 percent of what they want. question. I suggest the absence of a have been found guilty of anything, They don’t want the shared responsi- quorum. and they are wearing a 50,000 volt stun bility of governing. Either they don’t The PRESIDING OFFICER (Mr. belt, it may give a message to the jury. want or they don’t understand or they VOINOVICH). The clerk will call the roll. And that may just result in an over- don’t like the balance of powers, which Mrs. BOXER. Mr. President, I ask turning of a conviction later on. is such a centerpiece of our Govern- unanimous consent that the order for So the California Supreme Court ment. the quorum call be rescinded. found, except for Janice Rogers Brown, We see it on the Bolton nomination The PRESIDING OFFICER. Without it was a mistake. She stood alone. as well. That is not for a judgeship. objection, it is so ordered. So let me finish up in this way. It is That is a nomination for U.N. ambas- The Senator from California. really an extraordinary nomination, sador. But, again, if we could just talk Mrs. BOXER. As we learned more this particular nomination. When the to each other, we could come up with about stopping violence against Democrats stood tall against this someone who would be terrific, instead women, we found out something very nominee, there were reasons. There of having these standoffs, which are ugly, which is sometimes women are in were reasons we stood tall against 10 difficult. They are not pleasant. We are such a desperate circumstance, after nominees. We allowed 208 to move for- not getting a lot of work done because being battered for so long, that they ward, but we stood against 10. We stood of how much time we are talking about lose their center and their balance and against 10 and said: Do you know what. Janice Rogers Brown, because many of they fight back. Sometimes you will We are going to follow historic prece- us believe she is so out of the main- have a case that comes before a court, dent. If we believe these nominees are stream, we can’t let it go. That is why

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6202 CONGRESSIONAL RECORD — SENATE June 8, 2005 I so respect the moderates who came and State courts. For the years when I the law in society. She has done it con- up with the agreement because part of served the Governor of Colorado as his sistently in the past. I believe that is that agreement said in the future the lawyer, I administered for the Gov- the role of a legislator, not the role of President should talk to us more, espe- ernor the process of choosing judges in a judge. I believe that kind of judicial cially about Supreme Court nominees. Colorado. When I later served as attor- activism is absolutely wrong in our We are at a place and time where we ney general for my State, I chose, with courts, no matter what ideology it have proven one point, that when we Governor Owens and the chief justice spawns from. stood up against these 10 judges and al- of Colorado, those who could select Third, I believe Janice Rogers Brown lowed 208 to go through, it wasn’t arbi- judges under Colorado’s Constitution. does not have the right temperament trary or capricious or nasty or per- My views on the qualifications of to be a judge on the Federal appellate sonal. It was because these people are judges to serve on any court have been bench. When a person accepts the sol- out of the mainstream. I well remem- forged over years of working on judi- emn mantle of the robes and the duties ber when George Bush was declared the cial selections. Among the most impor- of the judiciary, I believe she must winner in 2000, he came right out and tant characteristics we rightly demand agree by temperament to place her own said: I am going to govern from the of our Federal judges are that they personal legal and social views in the middle. have an open mind, are free from bias, background. She must accept that Here is where we are: George Will, and a temperament that does not in- while a judge, though she can have her ‘‘ ‘Extraordinary’ Rhetoric.’’ George flame passions. Janice Rogers Brown, own personal views, she must not cause Will calls Janice Rogers Brown out of in my view, fails these tests. people to perceive her as unfair, if she the mainstream. George Will is very First, I do not think Ms. Brown will is as strident about those views as she rightwing and he calls her out of the be fair in the ways a Federal judge has been demonstrated by her record. mainstream. He says it is a fact that must be fair. I have come to believe Again, Janice Rogers Brown does not she is out of the mainstream. Ms. Brown is driven ideologically and meet the test of the temperament of The Mercury News says: that she will prejudge some of the most someone to be on the Circuit Court of As an appellate judge who would hear the important legal cases and issues that Appeals for the D.C. Circuit. I believe bulk of challenges to Federal laws coming come before a Federal appellate court. litigants and others who watch the ju- out of Washington, Janice Rogers Brown’s I base my conclusions on her written diciary are correct to perceive that appointment would be disastrous. She’d be record and on her own statements. Janice Rogers Brown may not treat likely to strike down critical environmental, When any person has a case to bring them fairly as she considers a par- labor laws and antidiscrimination protec- before a Federal judge on any issue, ticular case against the backdrop of tions. Brown, though, has infused her legal that person has a right to insist that her own personal views that are obvi- opinions with her ideology, ignoring higher court rulings that should temper her judg- the judge will listen carefully to all the ously so strongly felt. ment. arguments on the facts and the law I also believe Ms. Brown is nomi- with an especially fair and open mind nated to serve on the wrong court. She That was the from San Jose Mercury that considers carefully all the points is nominated to serve on the appellate News, a very mainstream newspaper in made on every subject, pro or con. This court where her ideology can do the Silicon Valley. right to absolute fairness by a Federal most damage to our Federal and State From the Sacramento Bee that sits tribunal is a bedrock of our constitu- governments. in the heart of the capital of Cali- tional judicial system. It is just com- The Circuit Court of Appeals for the fornia: monsense, and it is an idea that is very District of Columbia is our Nation’s The minority in the Senate certainly is well understood by everyone in this most prestigious court of appeals with justified in filibustering a lifetime appoint- regard to all matters dealing with Gov- ment of Brown. Nation. . . . The Court of Appeals for the District of There is another simple way to say ernment. Through venue provisions Columbia Circuit is the last place we need a this. No one wants to walk into court found throughout the Federal statutes, judge who would impose 19th century eco- before a case is heard and know already Congress often and intentionally nomic theory on the Constitution and 21st how the judge is going to rule. Yet this chooses this court exclusively to hear century problems. is exactly the problem with Janice matters concerning Government agen- The issue isn’t Brown’s qualifications; it’s Rogers Brown. She is so driven by her cies. These are legal matters that go to her judicial philosophy. ideology on issues such as the proper the very heart of how our Government I see my friend from Colorado is here. role of the Government and adminis- operates through our administrative I will stop now and thank him for the trative agencies—or the role of ideas of agencies, agencies that affect the lives work he did on that compromise on the private property that separates con- of our citizens every day all across our filibuster. I was not a happy person stitutional and unconstitutional gov- country. that Janice Rogers Brown was in the ernment regulation—that it is very ob- The District of Columbia court is our group, but our side had to give up vious how Ms. Brown is going to rule Nation’s expert court in administrative something. I have spent days express- on these matters, even before she hears law. While that is an abstract legal ing why I hope there will be a strong a case. concept, it is also a very important vote against her. She is out of the There are many quotes from Ms. matter to all ordinary citizens in Colo- mainstream. Brown that illustrate this point. A rado and across the Nation. I thank the Chair and yield the bal- good example is from a speech to the Yet Janice Rogers Brown is abso- ance of my time to Senator SALAZAR. Federalist Society on April 20, 2000, lutely hostile to our Government and The PRESIDING OFFICER (Mr. where she said: to administrative agencies and to their COBURN). The Senator from Colorado. Where government moves in, community essential work. Janice Rogers Brown is Mr. SALAZAR. Mr. President, I retreats, civil society disintegrates and our the wrong person to elevate to this im- thank the distinguished Senator from ability to control our own destiny atrophies. portant Federal appellate court. It is California for her eloquent statement The result is: families under siege; war in the for these reasons that I will vote to op- concerning Janice Rogers Brown. streets; unapologetic expropriation of prop- pose the nomination of Janice Rogers erty; the precipitous decline of the rule of I rise today to state my opposition to law; the rapid rise of corruption; the loss of Brown to the District of Columbia her confirmation to serve as a judge on civility and the triumph of deceit. The result Court of Appeals. the U.S. Court of Appeals for the Dis- is a debased, debauched culture which finds I also want to add another quick trict of Columbia. I have carefully con- moral depravity entertaining and virtue con- point. As I have listened to the debate sidered her record and have unfortu- temptible. here on the floor of the Senate today, nately concluded that Ms. Brown is not These are extreme views, to say the there has been some sentiment ex- the right choice to serve as a judge on least. pressed that perhaps the opposition of the District of Columbia Federal court. Second, Ms. Brown is an activist some of my colleagues in the Demo- I have had the privilege of extensive judge. From my review of her record, I cratic caucus has to do with her back- experience in judicial selection in the believe she will use the court as a vehi- ground, with the fact that she is Afri- State of Colorado, both for the Federal cle to forward her own personal view of can American. I will tell you, from the

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6203 work of my colleagues on this side of and legislative language to reach her Brown to try to dismantle the very the aisle, they have been champions of decisions. The cases are San Remo laws that we have forged over time opportunity for all people, they believe Hotel v. City-County of San Francisco, through debate and consensus to pro- we live in America, that we should be 2002, dissenting; Richards v. CH2M Hill, tect our rights and keep us safe in talking about uniting our country and Inc., 2001, dissenting; Catholic Char- America today? not dividing our country, and yet it is ities of Sacramento v. Superior Court During the past 9 years, Justice a nomination of Janice Rogers Brown, of Sacramento County, 2004, dissenting. Brown has made her legal philosophy with her views of activism in the Fed- Justice Brown has stated in a lone clear through both her public speeches eral court, which they have called ap- dissent concerning the State statute and her legal opinions as a Justice on propriately into question and which requiring prescription contraceptive the California Supreme Court. She has, some of my colleagues on the other coverage that if the corporation’s fe- time and time again, demonstrated side have now been saying somehow male employees do not like being dis- that she will be a movement judge— has the Democratic caucus as being criminated against, they are free to someone who will determine the ulti- anti-African American. find, ‘‘more congenial employment.’’ mate outcome of a case based on her There could be nothing further from The case is Catholic Charities of Sac- political beliefs instead of on the facts the truth. The opposition that has been ramento v. Superior Court of Sac- and law before her. Justice Brown has voiced against Janice Rogers Brown ramento County, 2004, dissenting. been inconsistent in her interpretation has nothing to do with her personal Taken individually, these stances of the law, following precedent when it ethnicity. It has to do with the fact might not be cause for some to oppose helps her to arrive at a desired result that the conclusions that have been this nomination. However, looking at and rejecting precedent as non-binding reached based on a review of her record the whole picture I believe there is a when it will not achieve her desired indicate that she will inject her own pattern of behavior that leads me to ends. This is precisely the type of indi- personal views as an activist judge into conclude that Justice Brown is not vidual who should not receive a seat on the D.C. Circuit Court of Appeals. qualified to serve on the D.C. Circuit the D.C. Circuit Court of Appeals, Therefore, I again reiterate my posi- Court of Appeals. For these reasons, I which is considered the second highest tion that I will vote against her con- opposed limiting debate on her nomi- court in the country and a stepping- firmation, and I urge my colleagues in nation in 2003, and continue to do so stone to a seat on the U.S. Supreme the Senate to do the same. today. Court. I yield the floor. Unfortunately, I will be necessarily We should not approve any individual (At the request of Mr. REID, the fol- absent for the votes that will occur re- for a lifetime tenure position as a Fed- lowing statement was ordered to be lated to this nominee. However, I did eral judge who would use her position printed in the RECORD.) feel it necessary to express my position ∑ Mr. JEFFORDS. Mr. President, I on this important nomination.∑ to achieve results consistent with an would like to express my opposition to Mr. CORZINE. Mr. President, I urge extreme political philosophy regardless the nomination of Janice Rogers all of my colleagues in the U.S. Senate of the facts and law. And I believe this Brown to the D.C. Circuit Court of Ap- to reject the nomination of Janice Rog- to be true regardless of what the ex- peals. ers Brown to the District of Columbia treme political philosophy may be. Our The D.C. Circuit Court of Appeals is Circuit Court of Appeals. I strenuously goal must always be to ensure the inde- considered the second highest court in oppose this nomination because I be- pendence and fairness of our courts. the Nation. This court of appeals, com- lieve that her appointment to a life- This is the very reason that Federal pared to other circuit courts of ap- time tenured position on the D.C. Cir- judges receive lifetime appointments: peals, has sole jurisdiction over many cuit Court will lead to the destruction to guarantee that they will not be sus- laws and Federal agency regulations of so many of the achievements we ceptible to political pressure or undue and decisions. Given the limited num- have struggled to achieve during the influence. Our goal must be to sustain ber of cases the U.S. Supreme Court past 70 years—the creation of a social this level of independence so that all considers every year, this means the safety net, the advancement of civil citizens can be confident that, when DC Circuit Court of Appeals has the rights for all Americans, and the pro- they bring a case in Federal court, last word on important laws and their tection of workers throughout our they will receive a fair hearing, based interpretation. country. When I say achievements I am on the facts and law and not upon one Justice Janice Rogers Brown has a talking about many of the laws passed individual’s political beliefs. compelling life story, but a compelling by the U.S. Congress, for during the We must place the value of an inde- life story is not enough to be confirmed past 70 years we have created the heart pendent judiciary above the partisan to a lifetime appointment to the fed- of what is today our modern American politics of the day and refuse to ap- eral bench. While she deserves recogni- government. Congress has set the prove purely partisan political nomi- tion for her upbringing and work in the standard for our Nation—from social nees such as Janice Rogers Brown. The community, I am concerned that Jus- security and minimum-wage laws to U.S. Senate has a constitutional obli- tice Brown’s personal opinion, rather homeland security and regulation of gation to advise the President on judi- than the law, compels her decisions in the business industry—by establishing cial nominations. As part of this obli- some cases. laws that provide tremendous benefits gation, the Senate must fight to ensure Some other areas of concern I have and protections for all Americans. the continued existence of an inde- with Justice Brown’s nomination in- I am deeply troubled by the nomina- pendent and fair judiciary. We must clude: tion of Janice Rogers Brown, a jurist never forget that our courts depend, Justice Brown has advocated for a re- who has made no secret of her disdain first and foremost, on the judges who turn to the time when the Supreme for government and her desire to over- hear arguments, preside over trials, Court struck down many important turn many of the most important laws and issue rulings each and every day. economic regulations and workplace passed by Congress during the past 70 The only way we can maintain a strong laws on constitutional grounds. The years. She will dismantle the founda- judiciary is if we approve only the case is Santa Monica Beach v. Sup. Ct. tion of our democracy, challenging the most qualified individuals to lifetime of LA County, 1999, dissenting. right of Congress to pass laws to help appointments as Federal judges. And so Justice Brown has argued that those our citizens. Keep in mind that when I we must approve nominees who possess seeking to enforce the statutory prohi- speak about Congress, I am not dis- the very traits we value most in our ju- bition against disability discrimina- cussing people from one political party diciary—fairness, independence, and an tion are ‘‘individuals whose only con- or the other; rather, I speak of the col- allegiance to the rule of law. That is cern is their own narrow interest.’’ The lective will of the American people, why I urge my colleagues to reject Jan- case is Richards v. CH2M Hill, Inc., which is forged so often through bipar- ice Rogers Brown, an individual who 2001, dissenting. tisan agreement and compromise be- has consistently failed to demonstrate Justice Brown has ignored or mis- tween legislators from both political these traits. An individual who would, construed Supreme Court precedent parties. And so I ask, who is Justice in my view, insert her extremist legal

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6204 CONGRESSIONAL RECORD — SENATE June 8, 2005 philosophy into the courts in an at- Justice Brown in a lone dissent—one of These cases affect the interpretation of tempt to undo years of Congressional her many—on the California Supreme the Constitution as well as statutes in- legislation and legal precedent. Court. In San Remo Hotel L.P. v. City tended by Congress to protect the There should be no doubt that Jus- and County of San Francisco, a case rights of all Americans, such as the tice Brown espouses an extreme legal contesting the legality of a San Fran- right to equal protection of the laws philosophy far outside the mainstream cisco development fee used to promote and the right to privacy. Specifically, of American legal thought. The Presi- affordable housing, Justice Brown the D.C. Circuit Court is the most like- dent has selected a number of appellate issued a dissent espousing the same ly venue where Federal regulations and court nominees, including Justice legal argument outlined by Epstein in government actions will be upheld or Brown, who embrace a radical legal Lingle—that the court should look overturned. theory frequently referred to as the more critically on economic regula- Yet Justice Brown, throughout her ‘‘Constitution in Exile.’’ The ‘‘Con- tions and give less weight to the wishes career, has demonstrated an open hos- stitution in Exile’’ theory is based on of the legislature. In rejecting the prin- tility towards government. This hos- arguments put forth by Judge Douglas ciples of the Constitution in Exile tility is concerning given that, if Jus- Ginsburg and Professor Richard Ep- theorists, the Supreme Court explicitly tice Brown serves on the D.C. Circuit, stein. Ginsburg and Epstein believe rejected the argument set forth by Jus- she will play a decisive role in evalu- that individuals have certain rights tice Brown in her San Remo dissent. ating government actions. and liberties, including ‘‘economic lib- Although there should be no need for For example: erties’’, and that any government that additional evidence that Justice In a 1999 speech Justice Brown stat- infringes upon these so-called liberties Brown’s legal philosophy falls outside ed: is ‘‘repressive.’’ This theory, advocated of the mainstream, the decision in My thesis is simple. Where government ad- by Justice Brown, argues that the U.S. Lingle provides powerful proof that vances—and it advances relentlessly—free- government represses its citizens when Justice Brown falls far outside the dom is imperiled; community impoverished; it takes land to build schools and pays boundaries of established legal religion marginalized; and civilization itself the owner fair market value, estab- thought. marginalized. lishes worker safety and minimum- For all these reasons, let me again At a 2000 Federalist Society event, wage laws, and institutes zoning and urge my fellow colleagues to reject the Justice Brown stated: other regulations. Indeed, the ‘‘Con- nomination of Janice Rogers Brown. Where government moves in, community stitution in Exile’’ theorists call into We must reject extremist judges like retreats, civil society disintegrates, and our question the decisions of some of the this who fall outside of the mainstream ability to control our own destiny atrophies. most important government agencies— and who will use the federal judiciary The result is: families under siege; war in the the EPA, the FCC, the SEC, and even to dismantle so many of the progres- streets; unapologetic expropriation of prop- the Federal Reserve—and argue that sive accomplishments we have fought erty; the precipitous decline of the rule of these agencies are themselves uncon- so hard to achieve during the past 70 law; the rapid rise of corruption; the loss of stitutional. years. civility and the triumph of deceit. The result This legal theory is so far outside the is a debased, debauched, culture which finds Mrs. FEINSTEIN. Mr. President, of moral depravity entertaining and virtue con- mainstream that even the most con- all the nominations contested in the temptible. servative jurists on the U.S. Supreme past few weeks, Justice Brown’s is the The Senate should not confirm a Court recently rejected its premise. A clearest cut. Justice Brown has given judge to this important court who has unanimous Supreme Court—including numerous speeches over the years that shown such blatant contempt for the conservative justices such as Scalia express an extreme ideology that is far government. Again, to be clear, if it and Thomas, with whom I don’t gen- outside the mainstream of American were only hyperbolic statements in erally agree—handed down a decision jurisprudence. In those speeches, Jus- speeches then maybe we could look on May 23, 2005, in Lingle v. Chevron, tice Brown used stark hyperbole, and past the rhetoric. However, the ex- No. 04–163,—S.Ct.—, 2005 WL 1200710 startlingly vitriolic language which treme views expressed in Justice (May 23, 2005) that squarely rejects the has been surprising, especially for a Brown’s speeches also emerge in the ‘‘economic liberty’’ theory of takings State supreme court justice. asserted by ‘‘Constitution in Exile’’ But statements alone would not be opinions she has rendered as a judge. theorists. enough for me to oppose her nomina- In various cases involving even mod- Lingle addressed questions of eco- tion. Rather, my concern is that her est government regulations she has nomic liberty in the context of chal- personal views drive her legal decision- issued opinions that ignore the law and lenges to Hawaii’s rent-control regula- making. On far too many occasions, established precedent. tions. The case tested whether the she has issued legal opinions based on One example I would like to discuss ‘‘Constitution in Exile’’ theory oper- her personal beliefs, rather than exist- involves a property issue in my home ates within the mainstream of Amer- ing legal precedent. city, San Francisco, and it is a case ican legal thought because advocates of I am troubled that Justice Brown is with which I am familiar since the or- the theory, including Richard Epstein, bound by her personal views of what dinance was enacted during the time I argued that the Supreme Court should the law should be rather than following served in San Francisco’s government. look more critically on economic regu- the law as written and enacted. This is The case is San Remo Hotel v. San lations and give less deference to legis- especially troubling for a candidate Francisco. In response to a low-income lative judgments. The Supreme Court who is being nominated to the D.C. Cir- housing emergency for elderly resi- strongly rejected this approach; writ- cuit Court of Appeals. dents, San Francisco enacted an ordi- ing for the Court, Justice O’Connor dis- The D.C. Circuit is an especially im- nance requiring hotels to obtain a per- missed the argument that the Court portant court in our Nation’s judicial mit before converting long-term resi- should adopt a more critical approach system. It is recognized as the most dential housing into short-term tourist to economic regulations and noted the prestigious and powerful appellate hotel rooms. strong need for deference to the judg- court below the Supreme Court because To obtain a permit, hotels either had ment of state legislatures. O’Connor of its exclusive jurisdiction over con- to provide mitigation for the removal further stated that ‘‘’government regu- stitutional rights and government reg- of the residential rooms by offering al- lation—by definition—involves the ad- ulations. ternative housing, or pay a fee to be justment of rights for the public good.’’ Given this exclusive role, the judges used for the relocation of tenants. In Lingle demonstrates that Justice serving on this court play a special role San Remo Hotel v. San Francisco, the Brown stands far outside the legal in evaluating government actions. owners of a hotel sued the City of San mainstream. Beyond the defeat of the Each year, the Supreme Court rou- Francisco, claiming that the ordinance general principles espoused by the tinely reviews fewer than 100 cases. constituted an illegal ‘‘taking’’ of prop- ‘‘Constitution in Exile’’ theorists, the Therefore, circuit courts, like the D.C. erty by the city. Lingle decision serves as an explicit re- Circuit, end up as the forums of last re- Following U.S. Supreme Court prece- jection of the legal theory set forth by sort for nearly 30,000 cases each year. dent, the California Supreme Court

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6205 held that the ordinance did not con- drugs to include prescription contra- preted as ‘‘motivated by politics rather stitute a ‘‘taking’’ of the hotel’s prop- ceptives in their coverage. In her dis- than the law.’’ erty since the ordinance did not phys- sent, she suggested that, if women had When examining her record, it ap- ically ‘‘invade’’ the property and since a problem with their inequitable treat- pears that the thread of logic sewn the ordinance ‘‘substantially ment, they were free to find ‘‘more through her legal opinions is her desire advance[d] legitimate state interests.’’ congenial employment,’’ and stated to achieve a predetermined outcome In contrast, Justice Brown wrote in that because women seeking contracep- based on her personal views. In case her dissent in the San Remo case that: tion were a minority of insured em- after case, Justice Brown significantly Private property, already an endangered ployees, striking down the law would changes her legal reasoning to imple- species in California, is now entirely extinct have a ‘‘negligible effect.’’ ment a results-oriented approach based in San Francisco. The City and County of Based on her pattern of taking this on her view of what the law should be. San Francisco has implemented a neo-feudal contrarian role, she has been widely When Justice Brown wanted to limit regime where the nominal owner of property criticized, even among her Republican the explicit right to privacy in Califor- must use that property according to the colleagues, for her caustic writings. nia’s Constitution, she argued: ‘‘Where, preferences of majorities that prevail in the as here, a state constitutional protec- political process—or worse, the political Sources on the court reportedly stated that her fellow justices have privately tion was modeled on a Federal con- powerbrokers who often control the govern- stitutional right, we should be ex- ment independently of majoritarian pref- complained about her ‘‘poison pen’’ and tremely reticent to disregard U.S. Su- erences. have called Justice Brown a ‘‘loose cannon when she has a typewriter in preme Court precedent delineating the The majority described Justice scope and contours of that right.’’ front of her.’’ Brown’s dissenting opinion by saying But when the question of remedies Republican Chief Justice Ronald M. that she argued, with little citation or for a violation of constitutional rights George has even taken the unusual support, that ‘‘government should reg- arose, she said: ‘‘Defaulting to the high step of pulling her aside and asking her ulate property only through rules that court fundamentally disserves the to tone down her scathing criticism of the affected owners would agree indi- independent force and effect of our rectly enhance the value of their prop- majority rulings. Constitution. Rather than enrich the In addition to her tone, her legal rea- erties.’’ texture of our law, this reliance on soning has often been criticized by her If this view were the law it would Federal precedent shortchanges future colleagues. In one example, Nike v. make it almost impossible for any city, generations.’’ State, or local government to make Kasky, Nike was accused of providing These cases both involved the role of any policies for the benefit of the com- abusive conditions for their overseas precedent and following the decisions munity as a whole. No local govern- workers including forced overtime, ex- of previous courts. However, depending ment could downzone property, no Fed- posing workers to health hazards, and on the facts of the case Justice Brown eral agency could prepare a habitat subjecting workers to verbal, physical changed her legal opinion about wheth- conservation plan. Under Justice and sexual mistreatment. er judges should follow precedent; in Brown’s analysis they would all be ille- Nike denied the mistreatment and one case she discussed the importance gal takings of one kind or another. made numerous statements touting a of following precedent, yet in the other The majority decision of the Cali- positive record and was sued for mis- she argued that reliance on precedent fornia Supreme Court went on to criti- representing its labor practices at can be harmful. cize Justice Brown for attempting to Asian factories. When examining the role of juries ‘‘impose’’ her own ‘‘personal theory of The majority of the California Su- and their ability to evaluate a case, political economy on the people of a preme Court determined the state- once again, Justice Brown makes con- democratic state.’’ ments made by Nike were commercial flicting arguments. Furthermore, Justice Brown’s writ- speech and thus entitled to less con- In order to limit damages against ten opinion was at odds with the cur- stitutional protection. employers in worker discrimination rent legal precedent of the U.S. Su- Justice Brown dissented, saying the suits, Brown wrote: preme Court at that time. And, in fact, speech should have been protected even When setting punitive damages, a jury earlier this year, Lingle v. Chevron, if false. In her dissent, Brown called on does not have the perspective, and the re- the U.S. Supreme Court to overturn a sulting sense of proportionality, that a court the U.S. Supreme Court unanimously has after observing many trials. rejected a takings analysis similar to long line of cases which distinguish But, when criminal defendants’ the one set forth in Brown’s dissent in commercial and noncommercial cases—not businesses—were being eval- San Remo. speech. uated, Justice Brown wrote: Nevertheless, Justice Brown per- Republican Justice Kenard criticized mitted her personal views to over- Brown’s dissent, saying: I do not share the majority’s dim view of Sprinkled with references to a series of jurors. Rather, I would presume, as we do in whelm her obligation as a judge to fol- virtually every other context, that jurors are low the law. While Justice Brown cer- children’s books about wizardry and sorcery, Justice Brown’s dissent itself tries to find intelligent, capable of understanding in- tainly has a right to private views that the magic formula or incantation that will structions and applying them to the facts of may conflict with the law, a judge may transform a business enterprise’s factual rep- the case. not substitute her personal opinions resentations in defense of its own products Justice Brown’s conflicting legal rea- for the law. and profits into noncommercial speech ex- soning also appears when her decisions I also believe it is illuminating to put empt from our state’s consumer protection examine the assessment of damages. Justice Brown’s views and legal opin- laws. When the plaintiffs were victims of em- ions in the context of the court of I am deeply troubled when a Justice’s ployment discrimination, Justice which she is a member. own colleagues express grave concerns Brown supported limits on punitive Justice Brown often stands on an is- about an individual’s legal reasoning, damages. But, when the plaintiffs were land by herself as the lone dissenter on and demonstrate a willingness to open- property owners in a mobile home park a court made up of six Republican jus- ly criticize a fellow member of the who had to previously abide by rent tices and only one Democratic justice— bench. control laws, she opposed any limit on approximately one-third of the cases An overarching principle of both Re- damages. she has written have been dissents, and publicans and Democrats is that the In each of these contrasting exam- in 10 percent of those cases, she has role of a judge is to follow the law, re- ples, Justice Brown has used legal rea- been the lone dissenter. gardless of one’s personal ideology. soning that has conflicted. It is con- For example, in the 2004 case of Yet, repeatedly, Justice Brown has al- cerning when a judge seems to alter Catholic Charities of Sacramento v. lowed her personal opinion to override her legal reasoning based on her per- Superior Court of Sacramento County, a fair application of the law and has al- sonal view of a case, rather than em- Justice Brown cast the sole dissenting tered her legal reasoning in order to ploying consistent legal reasoning re- vote. She argued against upholding a achieve a desired result. Law school gardless of who is making the argu- State statute that requires employers professor Gerald Uelmen said that Jus- ment, or who would be impacted by its whose insurance covers prescription tice Brown’s opinions may be inter- effect.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6206 CONGRESSIONAL RECORD — SENATE June 8, 2005 Based on this record, parties in a Many of these judges are activists who Environmental Protection Agency re- case have no idea whether Justice simply cannot understand that their role is garding the purity of the water we Brown will rely on precedent or decide to interpret the law, not to make it . . . I led drink and the air we breath; workers’ the fight to oppose the confirmation of these it is an impediment, whether she will two judges because their judicial records in- right to the minimum wage and over- defer to the legislature or decide it’s dicated that they would be activists who time compensation guaranteed by the time for her or other judges to make would legislate from the bench. Fair Labor Standards Act; rights to or- law; whether she will trust the jury to Legislating from the bench, being an ganize unions and bargain over the evaluate the case or decide they cannot ‘‘activist’’ judge, has been a concern of terms and conditions of employment make the necessary evaluations; or members of both parties. It is a basic under the National Labor Relations whether she will protect unlimited principle used when evaluating nomi- Act; and decisions by the Federal damages or order that there needs to nees—judges must follow the law, not Trade Commission regarding deceptive be limits on damages. manipulate the law to serve their own or unfair trade practices that injure Those who come before a court need political ideology. consumers. The decisions of the D.C. to be assured that they are going to be As I have discussed today, Janice Circuit on these and many other sub- given a fair hearing with an impartial Rogers Brown is widely opposed by a jects have a real and immediate impact arbiter. Justice Brown’s record dem- broad coalition of prominent leaders on the lives of all Americans. onstrates that those who come before and organizations, she has been criti- Justice Brown’s hostility to the role her court will not have such assur- cized by her Republican colleagues on and work of government in modern ances. the court, and she has made astound- America are particularly disturbing for Not surprisingly, Justice Brown’s ingly vitriolic statements about every- someone nominated to the D.C. Circuit. nomination has ignited strong and far- thing from senior citizens to the gov- She has repeatedly said that she views reaching opposition. Both Senators ernment. government as a negative influence on from her home State and almost two While each of these concerns raises American life, contrary to the moral dozen members of California’s congres- significant questions about her quali- fiber of our Nation. On one occasion, sional delegation oppose her nomina- fications to serve on the D.C. Circuit she stated that ‘‘when government tion. Court of Appeals, for me, most impor- moves in, community retreats, civil so- The Congressional Black Caucus op- tantly, Janice Rogers Brown does not ciety disintegrates, and our ability to poses her nomination, as does every meet the basic principle used to evalu- control our own destiny atrophies. . . . major African American organization ate judicial nominees by both parties— The result is a debased, debauched cul- in the country, including the National will they follow the law? ture which finds moral depravity enter- Black Chamber of Commerce, NAACP, Unfortunately, Janice Rogers taining and virtue contemptible.’’ On the National Bar Association, the Cali- Brown’s record does not demonstrate another occasion, she wrote that fornia Association of Black Lawyers, that she will be able to put aside her ‘‘where government advances . . . free- and the Leadership Conference on Civil personal views and follow the law. dom is imperiled; community impover- Rights. Mr. KOHL. Mr. President, I oppose ished; religion marginalized and civili- The California Association of Black the confirmation of Justice Janice zation itself jeopardized.’’ She has also Lawyers stated: Rogers Brown to the U.S. Court of Ap- remarked that the New Deal era of the We would like to see an African American peals for the D.C. Circuit. It is unfortu- 1930s ‘‘marks the triumph of our own female be elevated to a higher court. nate that the President has chosen to socialist revolution.’’ But as the group’s president went on resubmit for our consideration this Her commentary on legal theory is to explain: failed nomination from the President’s no less extreme. We do not see how we can support someone first term. Both in her public record on She has railed against what she sees who is diametrically opposed to our goals. the California Supreme Court and in as a judiciary that has distorted and In adddition, unlikely conservative her writings and speeches off the misinterpreted the Constitution. She commentators have affirmed concerns bench, Justice Brown has compiled a has stated that since the 1960s, ‘‘we raised by opponents of Justice Brown’s remarkable record of extremism, of have witnessed the rise of the judge nomination: ideologically motivated decision mak- militant.’’ She also claims that modern ing, of intemperance in her public National Review Senior Editor Romesh judicial rulings have caused the Con- Ponnuru discussed Brown’s troubling state- statements, and of a judicial philos- stitution to be ‘‘demoted to the status ments and her willingness to embrace judi- ophy unquestionably out of the main- of a bad chain novel.’’ She continues to cial activism and concluded that ‘‘if a liberal stream. Such a record makes her en- argue in favor of long discredited and nominee to the courts said similar things, tirely unsuitable for a life tenured po- overturned legal doctrines which were conservatives would make quick work of sition on the D.C. Circuit. used to strike down worker protection her.’’ Justice Brown’s extraordinary views and social welfare laws over 100 years George Will concluded that Justice on the role and nature of government ago. Brown is ‘‘outside of that mainstream’’ convince me that there is a substantial Other examples of Justice Brown’s of conservative jurisprudence; and risk that her views and legal philos- thinking are equally troubling. She has Conservative columnist Andrew Sul- ophy are so far outside the mainstream contended that senior citizens ‘‘can- livan wrote: as to pose a very real threat to our nibalize’’ their grandchildren by asking Whatever else she is, she does not fit the civil rights and civil liberties. Her for society’s support in old age via so- description of a judge who simply applies the views on the role and work of Govern- cial security. And speaking recently at law. If she isn’t a ‘judicial activist,’ I don’t ment in modern America are particu- a church on ‘‘Justice Sunday,’’ Brown know who would be. larly disturbing for someone nomi- proclaimed a ‘‘war’’ between religious Evaluating judicial nominations is a nated to the Federal bench, and specifi- people and the rest of America. very difficult process, and it is one that cally the D.C. Circuit. We have heard nominees that have ignites passionate feelings from all Justice Brown has been nominated to come before us before argue that they sides. Clearly, Presidents from dif- what is considered by many to be the should not be held to their record be- ferent parties will choose very dif- second most important court in the na- cause it merely reflects positions they ferent nominees for the Federal courts. tion. The D.C. Circuit is unique among advanced as advocates for their clients. However, there are basic principles the Federal courts of appeals as the This defense is not available to Justice that every nominee must follow re- court that reviews decisions of the ex- Brown. These are opinions that she gardless of which party is in power. ecutive branch and the independent held solely on her own behalf, in her As Senator HATCH stated in 1996 when agencies. The rules and regulations re- own speeches and writings in which she opposing the confirmation of Judge H. viewed by this court are felt by average was advancing no one’s agenda but her Lee Sarokin to the U.S. Court of Ap- citizens across the Nation every day. own. peals for the Third Circuit and Judge These include worker safety rules Her record on the California Supreme Rosemary Barkett to the U.S. Court of issued by the Occupational Safety and Court does not allay our concerns. She Appeals for the Eleventh Circuit: Health Administration; the rules of the has been consistently unsympathetic

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6207 to the rights of those asserting civil preme Court lead me to believe that But more than this, my colleagues rights or employment discrimination she will let her personal bias dictate and I helped steer a better course with claims. And, on many occasions, she her consideration of issues of law. I this compromise. A course for jobs, op- has been the lone dissenter on an al- cannot trust the impartiality of some- portunity, better education, and future ready conservative court. She dis- one who may be considering issues in- peace. I hope the President will reflect sented from a case which upheld a pro- volving Medicare or Social Security upon the resolve of these 14 Senators to hibition on an employee’s use of hate- who says that senior citizens ‘‘blithely protect and respect the minority and ful racial invective in the workplace; cannibalize their grandchildren be- do so by sending us nominees who will from a decision that held that a city cause they have the right to get as respect the law and not come exclu- rent control ordinance did not con- much ‘free’ stuff from the political sys- sively from the far fringes of the polit- stitute an unconstitutional taking of tem.’’ Nor can I accept that she will be ical spectrum. private property; from allowing work- impartial when she says that age dis- I am open to discussing nominees ers over age 40 to bring age discrimina- crimination ‘‘does not mark its victim with the President. I make this offer in tion claims; and from a case which with a stigma of inferiority.’’ Tell that good faith and in the same spirit as one found that sexual intercourse after a to the 50 year old waitress who loses a of his original campaign promises from woman told her assailant to stop con- job because she doesn’t look ‘‘pretty’’ 2000: to change the culture in Wash- stituted rape. Her frequent dissents are anymore, and ends up getting replaced ington. Here is what then-Governor compelling evidence regarding how her by a younger, less experienced person. Bush said in a speech at that time: Janice Rogers Brown has been nomi- personal views affect her judicial deci- ‘‘There is too much argument in Wash- nated to the Court of Appeals for the sionmaking. ington and not enough shared accom- District of Columbia Circuit, the court In light of this record, it is not sur- plishment. . . . As President, I will set that closely oversees the actions of prising—but nonetheless telling—that a new tone in Washington. I will do ev- Federal agencies—more than any other both of Justice Brown’s home state erything I can to restore civility to our Circuit Court. It is widely recognized Senators oppose her confirmation, a national politics.’’ in the legal community as the second virtually unprecedented situation for My colleagues on this compromise most important court in the country. an appellate court nominee. have already helped set that new tone Citizens come to the D.C. Circuit to en- An appeals court judge’s solemn duty for the Senate. I urge him to work with force fair labor practice decisions made and paramount obligation is to do jus- the entire Senate on judicial nominees. by the National Labor Relations Board, tice fairly, impartially, and without worker safety protection regulations of I am ready to forge this new civility in favor. An appeals court judge must be the Occupational Safety and Health Washington. I know future nominees judicious—that is, she must be open Administration, regulatory decisions will be conservative just as all of the minded, must be willing to set his per- made by the Federal Communications 208 previously confirmed Bush nomi- sonal preferences aside, and judge with- Commission and the Environmental nees have been. I fully accept that fact. out predisposition. And, of course, she Protection Agency, and much, much But I also expect future nominees to be must follow controlling precedent more. fair and to have shown their fairness faithfully, and be able to disregard But Janice Rogers Brown has said and impartiality by their words and completely any views she holds to the that ‘‘where government moves in com- their deeds. Janice Rogers Brown has contrary. In the case of Justice Brown, munity retreats, civil society disinte- not. we are presented with a nominee who grates. . . . The result is: families The PRESIDING OFFICER. The time has a well-documented record, in nu- under siege; war in the streets; is now controlled from 4 to 4:10 by the merous writings and speeches, of views unapologetic expropriation of property; Senator from Vermont. that are so extreme, and so far outside the . . . decline of the rule of law . . . Mr. LEAHY. Mr. President, I see the the mainstream, that she fails this a debased, debauched culture which distinguished President pro tempore on basic test. finds moral depravity entertaining. the Senate floor. I understand that he For these reasons, I must continue . . . ’’ She also called the New Deal, is going to ask consent that we recess. my opposition to her confirmation to which gave us Social Security and the I first ask unanimous consent that my this crucial judgeship. Tennessee Valley Authority, programs time not begin until after the time nec- Ms. LANDRIEU. Mr. President, Soc- that exist today, ‘‘the triumph of our essary for the distinguished senior Sen- rates said, ‘‘Four things belong to a own socialist revolution.’’ With senti- ator from Alaska, and I yield to him. judge: to hear courteously, to answer ments such as these I can only wonder The PRESIDING OFFICER. Without wisely, to consider soberly, and to de- what she thinks of Medicare, Medicaid, objection, it is so ordered. cide impartially.’’ To date, the Senate child nutrition programs, agricultural f has confirmed 209 of President Bush’s subsidies, No Child Left Behind, and a VISIT TO THE SENATE BY MEM- judicial nominees. The vast majority of whole host of other programs that give them received overwhelming support BERS OF THE U.S.-CHINA INTER- opportunity to our citizens and help PARLIAMENTARY GROUP from this body. We looked at their people live up to their given potential. records and decided that they had the To me, these programs are not social- Mr. STEVENS. Mr. President, I have qualities that Socrates described. Jan- ism; they are what a compassionate so- the honor to present to the Senate the ice Rogers Brown, however, lacks these ciety does for its people. Chinese delegation from the National qualities and falls far short of this So I will vote against the confirma- People’s Congress to the U.S.-China ideal. I sincerely regret that the Presi- tion of Janice Rogers Brown. I do so Interparliamentary Group meeting. Its dent has asked this body to confirm knowing that she will likely be con- leaders standing beside me are Vice her to a lifetime appointment to the firmed. Her nomination is moving for- Chairman and Secretary General of the District of Columbia Circuit Court of ward because she was one of the nomi- Standing Committee of the National Appeals. nees that 13 of my colleagues and I People’s Congress, Mr. Sheng Huaren. This is no reflection on her indi- agreed to no longer filibuster. I want to He is joined by the Chairman of the Na- vidual accomplishments. She comes talk about this agreement just for a tional People’s Congress Foreign Af- from a very humble background, a moment. fairs Committee, Mr. Jiang Enzhu. We sharecropper’s daughter, and has taken First, I must say that the com- also have the Vice Chairman of the Na- full advantage of all that this country promise was essential to avoid a seri- tional People’s Congress Law Com- has to offer to become a Supreme Court ous breakdown in the Senate rules and mittee, Mr. Hu Kangsheng; the Vice judge. She has gained some wisdom its functions. It represents the Senate Chairman of the National People’s Con- from this experience, I am sure, and I at its best and upholds the traditional gress Foreign Affairs Committee, Mr. have no doubt that she will take her constitutional role of the Senate as the Yang Guoliang; then the Vice Chair- job as a judge seriously, soberly. protector of the rights of minority in- man of the National People’s Congress My greatest concern lies with her im- terests when they were seriously Foreign Affairs Committee, Mr. Lu partiality. Some of her statements and threatened and perhaps irrevocably Congmin; Mr. Lu Baifu, who is a mem- her decisions on the California Su- ended. ber of the National People’s Congress

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6208 CONGRESSIONAL RECORD — SENATE June 8, 2005 Economic and Financial Affairs Com- serve lifetime appointments in the There being no objection, the mate- mittee; and the Deputy Chief of Mis- Federal judiciary. rial was ordered to be printed in the sion from the People’s Republic of I wish all Senators, Republicans and RECORD, as follows: China to the United States, Mr. Zheng Democrats alike, would take these matters seriously and vote their con- LETTERS OF OPPOSITION TO THE NOMINATION Zeguang. OF JANICE ROGERS BROWN TO THE D.C. CIR- sciences and evaluate with clear eyes I ask that the Senate stand in recess CUIT COURT OF APPEALS for a few minutes so that Members may the fitness of this woman for this life- PUBLIC OFFICIALS greet our guests and have an oppor- time appointment. After all, some of tunity to thank them for coming to my Republican colleagues have admit- Congressional Black Caucus; 23 Members of join us for these historic talks. ted to me privately how they would the California Delegation to the United like to vote. They know that Justice States House of Representatives: Diane E. The PRESIDING OFFICER. Is there Watson, 33rd District; Maxine Waters, 35th objection? Brown is a consummate judicial activ- ist whose record shows she favors roll- District; Lucille Roybal-Allard, 34th Dis- Mr. DAYTON. Mr. President, reserv- trict; Bob Filner, 51st District; Tom Lantos, ing the right for a minute, I note that ing back the clock 100 years on work- 12th District; George Miller, 7th District; Senator STEVENS and Senator INOUYE ers’ and consumer rights and consist- Lynn Woolsey, 6th District; Mike Honda, performed a magnificent service to our ently has taken the side of corpora- 15th District; Lois Capps, 23rd District; Bar- Senate and to our country by hosting tions against average Americans. bara Lee, 9th District; Hilda L. Solis, 32nd our distinguished guests from China in Her record shows she does not believe District; Loretta Sa´ nchez, 47th District; in clean air and clean water protec- Linda Sanchez, 39th District; Joe Baca, 43rd such a superb manner. They and their District; Anna Eshoo, 14th District; Pete staffs put on a superlative discussion tions for Americans and their commu- nities. She does not believe in laws pro- Stark, 13th District; Juanita Millender- over these 2 days, and Senator STEVENS viding affordable housing, and she McDonald, 37th District; Grace F. Napoli- recognized with his foresight the two tano, 38th District; Xavier Becerra, 31st Dis- would, if she could, wipe out zoning countries will determine the future of trict; Nancy Pelosi, 8th District; Henry A. laws that protect homeowners. Her the world. I commend Senator STEVENS Waxman, 30th District; Dennis Cardoza, 18th record shows she takes an extremely and Senator INOUYE in particular for District; Carol Moseley Braun, Paul Strauss. narrow view of protections against sex- recognizing that and initiating these CALIFORNIA ORGANIZATIONS ual harassment, race discrimination, exchanges which are now in their sec- employment discrimination, and age California Association of Black Lawyers; ond year. On behalf of the Senate and discrimination. In fact, she has such a California State Conference of the NAACP; the country, we are in their debt. California Teachers’ Association; Justice for hostility toward such programs as So- Mr. STEVENS. I personally thank All Project: Committee for Judicial Inde- cial Security that she has argued that Senator INOUYE, who is our co-chair- pendence; Black Women Lawyers of Los An- Social Security is unconstitutional. man, for his work on this matter. We geles; SEIU Local 99; Feminist Majority; Si- She has said that ‘‘[t]oday’s senior citi- went to China last year to meet with erra Club, Southern California; Western Law zens blithely cannibalize their grand- Center for Disability Rights; Planned Par- this delegation, and we have been hon- children . . . ’’ enthood Los Angeles; Stonewall Democratic ored to host them in our country. Why is this important? Because she Club; NAACP Legal Defense Fund; People for f would be on a court that would handle the American Way, California; California Women’s Law Center; Universalist-Unitarian RECESS every one of these issues, and it would mean that as a judicial activist, she Project Freedom of Religion; National Coun- Mr. STEVENS. Mr. President, I ask cil of Jewish Women—California; Pacific In- would rule entirely different in the unanimous consent that the Senate stitute for Women’s Health; Equal Justice cases that court decides. Society; California Association of Black stand in recess so Members may greet We have heard a lot about her life our guests. Lawyers; California Federation of Labor, story. If this were a vote on a Senate AFL–CIO; Sierra Club Environmental Law There being no objection, the Senate, resolution commemorating her life Program; National Center for Lesbian at 4:04 p.m., recessed until 4:10 p.m. and story, I am sure the entire Senate Rights; National Organization for Women, reassembled when called to order by would gladly support it. Instead, this is California; San Francisco La Raza Lawyers; the Presiding Officer (Mr. COBURN). a vote about the lives of multiple mil- Planned Parenthood Golden Gate; California f lions of other Americans whose lives Abortion and Reproductive Rights Action League; Disability Rights Education & De- NOMINATION OF JANICE ROGERS would be affected by this nominee’s fense Fund; Chinese for Affirmative Action; BROWN TO BE UNITED STATES ideological activist penchants. This is, National Employment Lawyers Association. after all, a lifetime appointment on a CIRCUIT JUDGE FOR THE DIS- NATIONAL ORGANIZATIONS TRICT OF COLUMBIA CIRCUIT— Federal circuit court on which her ide- AFCSME; AFL–CIO; American Association Continued ology would be especially harmful and destructive to the people. That is why of University Women, National and Vermont The PRESIDING OFFICER. The Sen- she has earned opposition of African- chapters; Americans for Democratic Action; Americans United for Separation of Church ator from Vermont is recognized for 10 American leaders, law professors, and minutes. and State; Committee for Judicial Independ- newspapers around the country. In ence; Delta Sigma Theta Sorority; Mr. LEAHY. Mr. President, over the fact, the list of African-American orga- course of the Senate’s consideration of EarthJustice; International Brotherhood of nizations and individuals opposing Jus- Electrical Workers; Leadership Conference the nomination of Janice Rogers tice Brown’s nomination is one of the on Civil Rights; League of Conservation Vot- Brown, we have heard many compelling most troubling indications that this is ers; Legal Momentum (NOW LDF); statements in opposition. Signifi- another divisive, ideologically driven MALDEF; NAACP, National and District of cantly, we have heard from both Sen- nomination. All 39 members of the Con- Columbia Organizations; NARAL Pro-Choice ators from California in opposition. gressional Black Caucus oppose her America; National Abortion Federation; Na- Their opposition, like mine, is based on tional Bar Association; National Black nomination. The Nation’s oldest and Chamber of Commerce; National Council of Justice Brown’s record. largest association of predominantly Through bipartisan action, the Sen- Jewish Women; National Employment Law- African-American lawyers and judges, yers Association; National Family Planning ate has deterred the misguided bid by the National Bar Association, and its & Reproductive Health Association; National some on the other side of the aisle for state counterpart, the California Asso- Organization for Women; National Partner- one-party rule by means of their so- ciation of Black Lawyers, both oppose ship for Women and Families; Natural Re- called nuclear option. Thanks to the this nomination. The foremost na- source Defense Council; National Senior hard work of a bipartisan group of 14 tional civil rights organization, the Citizens Law Center, on behalf of: National Senators, we have, for now, preserved Leadership Conference on Civil Rights, Committee to Preserve Social Security & Medicare; Alliance of Retired Americans; the system of checks and balances. I opposes it. mention this because as we vote on the Families USA; AFSCME Retirees Program; The women of Delta Sigma Theta op- Gray Panthers; Center for Medicare Advo- nomination of Janice Rogers Brown, I pose this nomination. cacy; National Health Law Program; Na- urge all Senators to take seriously the I ask unanimous consent that letters tional Women’s Law Center; National Urban Senate’s constitutionally mandated detailing opposition, as well as a list of League; People for the American Way; role in determining who is going to such letters, be printed in the RECORD. Planned Parenthood Federation of America;

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6209 Service Employees International Union; Si- cates a most disturbing view and what may Mr. LEAHY. Mr. President, and, of erra Club. be in store for minorities under her steward- course, both the Senators from her Coalition letter from the following envi- ship on the bench. In for instance Hi-Voltage home State have opposed her. In fact, ronmental organizations: American Planning Wire Works, Inc. v. City of San Jose, 24 Cal Association; American Rivers; Citizens Coal 4th 537 (2000), Justice Brown wrote the ma- if she is confirmed, this may be the Council; Clean Water Action; Coast Alliance; jority opinion striking down a San Jose ordi- first such Senate confirmation over the Community Rights Council; Defenders of nance that required the City of San Jose to opposition of both home State Sen- Wildlife; Earthjustice; Endangered Species solicit bids from companies owned by minor- ators in the history of the Senate, Coalition; Friends of the Earth; Mineral Pol- ity and women subcontractors. She reasoned something, I might say, that during icy Center; National Resources Defense that the plan to seek minority subcontrac- President Clinton’s time was incon- Council; Sierra Club; The Wilderness Soci- tors violated Proposition 209, which is the ceivable–that Republicans would even ety; Advocates for the West; Alabama Envi- 1996 voter-adopted state constitutional consider a nomination if one Senator ronmental Council; American Lands Alli- amendment that banned racial preferences. ance; Amigos Bravos; Buckeye Forest Coun- She further concluded that instead of affirm- from the home State opposed the nomi- cil; California League of Conservation Vot- ative action, ‘‘equality of individual oppor- nee and, of course, under no cir- ers; California Native Plant Society; Califor- tunity is what the constitution demands.’’ cumstances both. Here both Senators nians for Alternatives to Toxics; Center for In view thereof, the National Bar Associa- do oppose her, and yet her nomination Biological Diversity; Clean Air Council; tion strongly urges and recommends that the is going forward. Clean Water Action Council; The Committee Senate Judiciary Committee reject the nom- There remain 36 Republican Senators ination of Justice Janice Rogers Brown to for the Preservation of the Lake Purdy Area; serving today who voted against the Earthwins; Environmental Defense Center; the U.S. Circuit Court of Appeals for the D.C. Environmental Law Foundation; Friends of Circuit. nomination of Justice Ronnie White of Hurricane Creek; Georgia Center for Law in Sincerely, Missouri in 1999. Justice White is now the Public Interest; Great Rivers Environ- CLYDE E. BAILEY, Sr., the chief justice of the Missouri Su- mental Law Center; Hurricane Creekkeeper; President. preme Court, having been that high John Muir Project; Kentucky Resources court’s first African-American mem- Council, Inc.; Natural Heritage Institute; CALIFORNIA ASSOCIATION OF ber. Former Senator Ashcroft came to New Mexico Environmental Law Center; BLACK LAWYERS, the floor and vilified Justice White as Mill Valley, CA, October 17, 2003. Northwest Environmental Advocates; Oil- pro criminal in 1999, after action on field Waste Policy Institute; Omni Center for Hon. ORRIN G. HATCH, Peace, Justice, and Ecology; San Bruno Chairman, Senate Judiciary Committee, Dirksen that nomination had been delayed Mountain Watch; Southern Appalachian Bio- Senate Office Building, Washington, DC. more than 2 years. Then, in a surprise diversity Project; Valley Watch, Inc.; Wash- Hon. PATRICK LEAHY, party-line vote, Republican Senators ington Environmental Council; Western Ranking Member, Senate Judiciary Committee, all voted against his confirmation. In Land Exchange Project; Wild Alabama; Dirksen Senate Office Building, Wash- fact, that is the only party-line vote to Wildlaw; Coalition of African-American ington, DC. defeat a judicial nomination that I can Labor Leaders. DEAR SENATORS HATCH AND LEAHY: On be- half of the California Association of Black remember in my 31 years here. LAW PROFESSORS Lawyers (‘‘CABL’’), I write to express our Immediately after this party-line Stephen R. Barnett, University of Cali- strong opposition to the nomination of Jan- vote, by which Republican Senators de- fornia, Berkeley; Letter signed by more than ice Rogers Brown to the U.S. Court of Ap- feated the nomination of Justice Ron- 200 law professors. peals for the D.C. Circuit. nie White, many of them told us: We CABL is the only statewide organization of NATIONAL BAR ASSOCIATION, know he is qualified, but we had no African American lawyers, judges, professors choice because both home State Sen- Washington, DC, September 10, 2003. and law students in the State of California. Re Justice Janice Rogers Brown Nominee to We are an affiliate of the National Bar Asso- ators opposed the nomination. In order the U.S. Court of Appeals for the District ciation (the ‘‘NBA’’) and we join the Na- to respect the views of these home of Columbia Circuit. tional Bar Association in its opposition to State Senators, they had to vote SENATE JUDICIARY COMMITTEE, Justice Brown. (The NBA recently forwarded against a nominee who many felt was U.S. Senate, CABL’s Official Position Paper opposing Jus- highly qualified. Washington, DC. tice Brown’s nomination to you. I am enclos- Both Justice Brown’s home State DEAR SENATOR: The National Bar Associa- ing a copy, for your easy reference.) tion, this nation’s oldest and largest Asso- As California lawyers, we are familiar with Senators oppose her confirmation. ciation of predominantly African American Justice Brown and her record on the Cali- They have been consistent in that op- lawyers and judges, deems that Justice Rog- fornia Supreme Court. We are deeply con- position. Republican Senators felt ers Brown is unfit to serve on the U.S. Court cerned about her extremist judicial philos- compelled to vote against Justice of Appeals of the District of Columbia. ophy, that she has manifested in numerous White, a nominee of President Clinton, Justice Brown has served the California opinions over the years. It is clear to us that in 1999 because of the opposition of his Supreme Court for seven years, providing a she misuses precedent and challenges prece- home State Senators. It is hard to see substantial body of work for analysis by crit- dent, in order to achieve the result she de- how they can now turn around and say: ics and supporters alike. If appointed, Brown sires. A prime example is her opinion in Hi- would follow Justice Judith Rogers, a Presi- Voltage Wire Works, Inc. v. City of San Jose, Well, but we can vote for a Republican dent Clinton appointee, to become the sec- the California’s Supreme Court’s first appli- nominee notwithstanding the same ond African American woman judge on the cation of Proposition 209. According to Chief kind of opposition. D.C. Circuit Court. Many people consider Justice Ronald George, who refused to join It is not just the two distinguished this appointment as preliminary grooming her opinion, Justice Brown seriously dis- Senators from California who oppose for a future nomination to the U.S. Supreme torted the history of civil rights jurispru- her. Her views are so extreme that Court. This consideration is not without dence and concluded outright that the U.S. more than 200 law school professors merit: Justices Antonin Scalia, Clarence Supreme Court decisions supporting affirma- around the Nation wrote to the Judici- Thomas, and Ruth Ginsberg all previously tive action were wrongly decided. served on the prestigious D.C. Circuit Court. California has strong civil rights statutes, ary Committee expressing opposition. The National Bar Association must con- and many of us litigate pursuant to these The ‘‘Los Angeles Times’’ concludes sider, among other things, whether a judicial statutes. Yet Justice Brown has repeatedly she is a ‘‘bad fit for a key court.’’ The nominee will be a responsible voice upon deviated from precedent in order to narrowly ‘‘Detroit Free Press’’ concluded she which all people, particularly people in the interpret these statutes and render them vir- ‘‘has all but hung a banner above her traditionally underserved communities, for tually inaccessible to victims of discrimina- head declaring herself a foe to privacy instance African Americans, other ethnic tion. minorities and women, can depend when fun- We urge you to undertake an extremely rights, civil rights, legal precedent, and damental legal issues of race, ethnicity, or careful review of Justice Brown and her even colleagues who don’t share her ex- gender may profoundly impact the des- record. We hope that you will conclude, as treme leanings.’’ ignated population in the areas of advance- we have done, that she is simply not within I ask unanimous consent that these ment in business, education, civil rights, and the mainstream of legal thought. She is editorials, as well as a list of other edi- the judicial arenas arise. therefore not suited for appointment to the torials opposing the Brown nomina- A rigorous review of several of Justice second most important court in our nation, tion, be printed in the RECORD. Brown’s opinions in the California Supreme the D.C. Circuit. Court undertaken by the California Associa- Respectfully yours, There being no objection, the mate- tion of Black Lawyers (copy attached), an af- GILLIAN G.M. SMALL, rial was ordered to be printed in the filiate of the National Bar Association, indi- President. RECORD, as follows:

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PUBLISHED OPPOSITION TO THE NOMINATION OF Judicial Throwback, Douglas T. Kendall These views may have prompted Brown’s JANICE ROGERS BROWN, NOMINEE TO THE and Timothy J. Dowling, The Washington bitter dissents in cases in which her col- D.C. CIRCUIT COURT OF APPEALS Post, September 19, 2003. leagues upheld regulatory actions such as EDITORIALS LETTERS TO THE EDITOR local zoning and land-use laws. They seem to have fueled her skepticism toward employ- Reject Justice Brown, The Washington What Op Ed Forgot To Tell Us, Eric Kane, ment discrimination claims, cases involving Post, June 7, 2005. Boston Globe, May 13, 2005. the rights of people with disabilities and the No on Judge Brown: D.C. Court Is Wrong Candidates’ Past Rulings Show Danger, meaning of consent in rape. Place for Her Views, The Sacramento Bee, Nancy Goodban, The Modesto Bee (CA), May Brown’s dogmatism and a style bordering May 20, 2005. 11, 2005. on vituperation earned her only a ‘qualified’ Brown Does It Again, Contra Costa Times, Senate Democrats’ Filibuster Not Racist, rather than ‘well qualified’ rating from the April 29, 2005. Scott DeLeve, The Daily Mississippian, De- American Bar Assn. Some committee mem- Democrats Must Block Activist Judges, cember 11, 2003. bers found her unfit for the appeals court. San Jose Mercury News, February 24, 2005. Congressional Black Caucus; An Open Let- The Senate Judiciary Committee could The Quality of the Judiciary Is at Stake! ter on Why Five Judicial Nominees Must Be vote on Brown’s nomination Thursday. Want Good Judges? So Does Kerry, Philadel- Rejected, Ethnic NewsWatch, November 20, There’s little question that Brown is an in- phia Daily News, August 11, 2004. 2003. tellectually sharp and hard-working jurist, ‘‘All Black Ain’t Coal!’’, The Bay State Bush Judges Deserve To Be Filibustered, but that is not enough. Her own words are Banner (Massachusetts), November 20, 2003. Muriel Messer, The Journal Standard (Illi- unrelentingly hostile to government’s role in A Bad Fit for a Key Court, The Los Ange- nois), November 13, 2003. regulatory matters and protection of indi- les Times, November 5, 2003. Justice Brown’s Manifesto, T.J. Pierce, vidual rights. These are the very things on Extreme Nominee; With Brown, Bush The San Francisco Chronicle, November 8, which she would rule most often. Brown is a Deepens Partisanship Over Judges, Detroit 2003. bad fit for the District of Columbia appeals Free Press, October 31, 2003. Judging Ms. Flowers, Arline Jolles court. Nasty Tactics, Fort Worth Star Telegram Lotman, Philadelphia Daily News, November (Texas), October 31, 2003. 7, 2003. JUDICIAL PICK NOT FIT FOR U.S. COURT, Fueling the Fight, The Washington Post, Plantation Politics, Jerome Redding, St. [From the Atlanta Journal and Constitution, October 30, 2003. Louis Post-Dispatch (Missouri), November 3, Oct. 29, 2003] Judicial Pick Not Fit for U.S. Court, The 2003. Atlanta Journal and Constitution, October President Bush has once again nominated Jerome J. Shestack, former ABA Presi- a right-wing judge for one of the nation’s 29, 2003. dent, The New York Times, November 1, 2003. Out of the Mainstream, Again, The New most influential appellate courts. Worse yet, Janice Rogers Brown, a California Supreme York Times, October 25, 2003. [From the Los Angeles Times, Nov. 5, 2003.] A Nominee to Filibuster, Copley News Court justice, is not qualified for the U.S. A BAD IT FOR A EY OURT Service, October 24, 2003. F K C Court of Appeals for the D.C. Circuit. Bush Adds Another Ultra-Conservative, The U.S. Court of Appeals for the District Despite Bush’s penchant for politics over Howard University Hilltop, October 20, 2003. of Columbia Circuit is the triple-A farm professional qualifications in judicial ap- Fueling the Fire, The Washington Post, team for the Supreme Court. Three of the pointments, Democrats are not blameless in August 1, 2003. high court’s current members—Antonin the current standoff. They filibustered the More Conservatives for the Courts, The Scalia, Clarence Thomas and Ruth Bader nomination of Hispanic conservative Miguel New York Times, July 29, 2003. Ginsburg—came from the D.C. circuit. So did Estrada for the same appellate court va- cancy. Estrada, who finally withdrew from OP-EDS onetime Chief Justices Warren Burger and Fred Vinson, among others. consideration, had unquestioned scholarly If Republicans Look at Her Record, They Presidents also give special attention to and legal qualifications for a federal judge- Will Vote Brown Down, Douglas T. Kendall the D.C. court’s appointments because it ship. and Jennifer Bradley, Roll Call, June 7, 2005. Rather than select another highly quali- often hears high-profile challenges to presi- This Judge Is More Right-Wing Than fied conservative for the key appellate dential and congressional actions, defining Thomas, Simon Lazarus and Lauren Saun- bench, the president took the low road, the government’s authority. This year the ders, The Hill, June 17, 2005. choosing a judge who previously received an D.C. Circuit Court upheld the indefinite de- Must Filibuster Justice Brown, Cynthia ‘unqualified’ rating from the California bar’s Tucker, Atlanta Journal and Constitution, tention of potential terrorists at Guanta- evaluation commission and last month got a May 1, 2005. namo, Cuba. In past years, it expanded police mixed rating of ‘qualified/unqualified’ from Kennedy Does Justice to Approval Process, search and seizure powers and upheld the the American Bar Association. By contrast, Howard Manly, Boston Herald, February 6, 1971 campaign spending law and environ- Estrada received a unanimous ABA rating of 2005. mental and workplace safety Laws. Before it ‘well qualified.’ The Bushes are poor Judges of Judges, now is a challenge by California and other Brown’s views, as espoused in speeches to Diane Roberts, St. Petersburg Times (Flor- states to the administration’s view that the ultraconservative groups, are far out of the ida), December 13, 2003. Clean Air Act does not allow regulation of mainstream of accepted legal principles. For Judicial Nominees Show Disrespect For carbon dioxide and other greenhouse gases. example, she has disputed whether the Bill of System Of Law, John David Blakley, The That President Bush may view California Rights, as incorporated in the U.S. Constitu- Battalion (Texas A&M University), Decem- Supreme Court Justice Janice Rogers Brown tion, should have been applied to the states. ber 2, 2003. as a future U.S. Supreme Court justice could While the African-American jurist claims Looking at Justice From Both Sides Now: explain why he nominated her to the D.C. her tendency to ‘stir the pot’ wouldn’t affect Opponents Decry Nominee for Same Reason court, 3,000 miles from her San Francisco her rulings, such a radical view causes the She Was picked by White House: Her Record, base. But during her seven years on Califor- public to wonder if she will respect basic in- Susan Lerner, The L.A. Daily Journal, No- nia’s high court, Brown has shown doc- dividual liberties guaranteed in the Bill of vember 28, 2003. trinaire and peculiar views that make her a Rights. A Record with some Praise, Robyn troubling choice for this appeals court. Brown meets the GOP’s litmus test of Blumner, St. Petersburg Times (Florida), Judges are supposed to consider disputes being anti-affirmative action and anti-abor- November 23, 2003. with an open mind, weighing facts against tion, but that is a sorry measure of judicial Commentary, Ralph G. Neas, (President, the law and precedent. Conscientious judges excellence. Bush knows that Brown will fall People For the American Way), National sometimes find that their decisions conflict victim to a Democratic filibuster. Appar- Public Radio ‘Morning Edition’, November with their personal beliefs. However, in opin- ently, this president would rather have a 12, 2003. ions and speeches, Brown has articulated dis- campaign issue than a qualified federal judi- Nominee’s Views Will Affect Court, dainful views of the Constitution and govern- ciary. DeWayne Wickham, USA TODAY, November ment that are so strong and so far from the 3, 2003. mainstream as to raise questions about [From the New York Times, Oct. 25, 2003] GOP Senators: Remember Anita Hill?, whether they would control her decisions. OUT OF THE MAINSTREAM, AGAIN Linda Campbell, The Tallahassee Democrat, ‘Where government advances,’ she told a Of the many unworthy judicial nominees November 3, 2003. college audience, ‘freedom is imperiled, com- President Bush has put forward, Janice Rog- Bush’s Court-Nominee ‘Diversity’ Is a Cyn- munity impoverished, religion marginalized ers Brown is among the very worst. As an ical Ploy; These Minority Members and and civilization itself jeopardized’—a star- archconservative justice on the California Women Are Out of the Mainstream, Robert tling view for someone who would be charged Supreme Court, she has declared war on the L. Harris, Los Angeles Times, November 12, with reviewing government actions. Brown mainstream legal values that most Ameri- 2003. has spoken disapprovingly of what she called cans hold dear. And she has let ideology be California Contender: A federal appeals the U.S. Supreme Court’s ‘hypervigilance’ her guide in deciding cases. At her confirma- court nominee could one day become the with respect to such ‘judicially proclaimed tion hearing this week, Justice Brown only first black woman justice on the U.S. Su- fundamental rights’ as privacy, calling them ratified her critics’ worst fears. Both Repub- preme Court, Bob Egelko, San Francisco ‘highly suspect, incoherent and constitu- lican and Democratic senators should oppose Chronicle, Sunday, October 26, 2003. tionally invalid.’ her confirmation.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6211 Justice Brown, who has been nominated to It is no small irony this President, to Justice Brown’s nomination is the United States Court of Appeals for the who spoke of being a uniter, has used based, as it has always been, on her District of Columbia Circuit, has made it his position to renominate Justice record. clear in her public pronouncements how ex- Justice Brown is a consummate judi- treme her views are. She has attacked the Brown and others after they failed to New Deal, which gave us Social Security and get consent of the Senate. cial activist whose record shows that other programs now central to American These provocative nominees have di- she favors rolling back the clock 100 life, as ‘‘the triumph of our socialist revolu- vided the Senate and the American years on workers’ and consumers’ tion.’’ And she has praised the infamous people, and they brought us to the edge rights and taking the side of corpora- Lochner line of cases, in which the Supreme of a nuclear winter in the Senate. tions against average Americans. Her Court, from 1905 to 1937, struck down worker This confrontational approach and record shows she does not believe in health and safety laws as infringing on the divisiveness have continued, despite clean air and clean water protections rights of business. Justice Brown’s record as a judge is also the confirmation of 209 out of his 218 for Americans and their communities, cause for alarm. She regularly stakes out ex- jurdicial nominees. she does not believe in laws providing treme positions, often dissenting alone. In I oppose giving Justice Brown this affordable housing, and that she would, one case, her court ordered a rental car com- lifetime promotion to the second high- if she could, wipe out zoning laws that pany to stop its supervisor from calling His- est court in our land because the Amer- protect homeowners by keeping porn panic employees by racial epithets. Justice ican people deserve judges who will in- shops and factories from moving in Brown dissented, arguing that doing so vio- terpret the law fairly and objectively. next door. Her record shows she takes lated the company’s free speech rights. Janice Rogers Brown is a committed Last year, her court upheld a $10,000 award an extremely narrow view of protec- for emotional distress to a black woman who judicial activist who has a record of tions against sexual harassment, race had been refused an apartment because of using her position as a member of a discrimination, employment discrimi- her race. Justice Brown, the sole dissenter, court to put her views above the law nation, and, most of all, age discrimi- argued that the agency involved had no and above the interests of working men nation. In fact, Justice Brown has a power to award the damages. and women and families across the Na- hostility toward such programs as So- In an important civil rights case, the chief tion. cial Security that is so great that she justice of her court criticized Justice Brown We must not enable her to bring her for ‘‘presenting an unfair and inaccurate has argued that Social Security is un- caricature’’ of affirmative action. The Amer- ‘‘jurisprudence of convenience’’ to one constitutional, and has said that ican Bar Association, all but a rubber stamp of the most important Federal courts ‘‘[t]oday’s senior citizens blithely can- for the administration’s nominees, has given in the Nation. nibalize their grandchildren. . . .’’ Justice Brown a mediocre rating of qualified/ Over the course of the Senate’s con- We have heard a great deal from Jus- not qualified, which means a majority of the sideration of the nomination of Janice tice Brown’s supporters about her life evaluation committee found her qualified, a Rogers Brown to be a judge on the accomplishments. It is an impressive minority found her not qualified, and no one United States Court of Appeals for the story, and Justice Brown’s accomplish- found her well qualified. D.C. Circuit, I have publicly explained The Bush administration has packaged ments in the face of so much adversity Justice Brown, an African-American born in why I cannot support it. My opposition are commendable. But we cannot base segregated Alabama, as an American success is based on Justice Brown’s extensive our votes on the confirmation of a life- story. The 39-member Congressional Black record, which raises unavoidable con- time appointee to a Federal court on Caucus, however, has come out against her cerns about her pursuit from the bench biography alone. If this were a vote on confirmation. of her extremist judicial philosophy a Senate resolution commemorating President Bush, who promised as a can- and therefore about her fitness for this her life story, I am sure the entire Sen- didate to be a ‘‘uniter, not a divider,’’ has se- lifetime appointment. Justice Brown lected the most divisive judicial nominees in ate would gladly support it. But in- modern times. The Senate should help the failed to gain the consent of the Senate stead, this is a vote about the lives of president keep his campaign promise by in- last year. As I explained in April when multiple millions of other Americans sisting on a more unifying alternative than voting against her confirmation in the whose lives would be affected by this Justice Brown. Senate Judiciary Committee, not only nominee’s ideological penchants. Mr. LEAHY. Mr. President, I have has Justice Brown failed to resolve any I hope that, as debate Justice voted to confirm hundreds of nominees of my concerns since her hearing in Brown’s nomination, we will not—as with whom I differ. I vote for them late 2003, but Justice Brown’s opinions we did 21⁄2 years ago—hear the whis- when I think they will be fair and im- issued since that time reinforce and pering of unfounded smears against partial. I voted for hundreds of Presi- deepen the troubling patterns in her those who oppose this nomination. I dent Bush’s nominees, as I did his fa- record. have spoken recently about my dis- ther, President Reagan, and President Through bipartisan action, the Sen- appointment in the White House and Ford, all Presidents with whom I have ate has deterred the misguided bid by Republican partisans for fanning the been proud to serve. But I voted some on the other side of the aisle for flames of bigotry and refusing to tamp against those, whether Republican or one-party rule by means of their nu- down unfounded claims that amount to Democratic nominees, if I disagreed clear option. Thanks to the hard work religious McCarthyism. I urged the with them, if I felt they could not be of a bipartisan group of 14 Senators, we White House, Republican leaders, and impartial. have, for now, preserved the system of moderate Republicans to join me in I believe Judge Brown has proven checks and balances, designed by the condemning the injection of such herself to be a results-oriented, agenda- Founders, that are so integral to the smears into the consideration of nomi- driven judge whose respect for prece- function of the Senate and to its role. nations. The failure to do so risks sub- dent and rules of judicial interpreta- As we turn now to the nomination of verting this constitutional process and tion change depending upon the subject Janice Rogers Brown, I urge all Sen- the independence of our federal courts. before her and the results she wants to ators to take seriously the Senate’s The unfounded charges of bigotry are reach. She is the definition of an activ- constitutionally mandated role as a belied by the numbers of major Afri- ist judge, the sort of person President partner with the executive branch in can-American leaders, newspapers and Bush said he would not nominate. determining who will serve lifetime ap- law professors across the country who Whether it is protection of the elder- pointments in the federal judiciary. I also oppose this nomination based on ly, workers and consumers, privacy urge all Senators, Republicans and Justice Brown’s record of extremism. rights, free speech, civil liberties, and Democrats alike, to take these matters The list of the African-American orga- many more issues, she has inserted her seriously and vote their consciences. nizations and individuals who oppose radical views into her judicial opinions Republican Senators and Democratic Justice Brown’s nomination is a clear time and again. Senators alike will need to evaluate, indication that this is another divisive, She repeatedly and consistently has with clear eyes, the fitness of Justice ideologically driven nomination. The advocated turning back the clock 100 Brown for this lifetime judicial ap- 39 members of the Congressional Black years to return to an era where worker pointment before casting a difficult Caucus oppose Justice Brown’s nomi- protection laws were found unconstitu- vote on this problematic and highly nation, including the respected con- tional. controversial nominee. My opposition gressional delegate from the District of

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6212 CONGRESSIONAL RECORD — SENATE June 8, 2005 Columbia, ELEANOR HOLMES NORTON, against Justice White. Thirty-six of a list of all of the editorials opposing and Representatives CHARLES RANGEL, those Senators are still serving in the the Brown nomination be entered in ELIJAH CUMMINGS and JOHN CONYERS, Senate today, and if the approval of a the RECORD. and the chair of the Congressional nominee’s home State Senator is as Justice Brown has a lengthy record Black Caucus, Representative MEL important today as it was in 1999, then of opinions, of speeches and of writings. WATT. The nation’s oldest and largest the Senate will reject this nomination. She has very strong opinions, and there association of predominantly African- The former Chairman of the Judiciary is little mystery about her views, even American lawyers and judges—the Na- Committee came to the Senate after though she sought to moderate them tional Bar Association—and its State the defeat of Justice White’s nomina- when she appeared before the Judiciary counterpart—the California Associa- tion to explain explicitly the impor- Committee. I come to my decision, tion of Black Lawyers—both oppose tance of home State opposition in that after reviewing Justice Brown’s this nomination. The foremost na- unprecedented party-line vote. record—her judicial opinions, her tional civil rights organization, the As I have detailed, Justice Brown’s speeches and writings—and considering Leadership Conference on Civil Rights, home State Senators are not the only her testimony and oral and written an- opposes this nomination. The women of ones who oppose her. Her views, both in swers provided to the Senate Judiciary Delta Sigma Theta oppose this nomina- speeches and in opinions issued from Committee. tion. Dr. Dorothy Height, Dr. Joseph the bench, are so extreme that more My opposition is not about whether Lowery and Julian Bond, historic lead- than 200 law school professors from Justice Brown would vote like me if ers in the fight for equal rights, have around the country wrote to the Com- she were a member of the United spoken out against this nomination. mittee, prior to her hearing, expressing States Senate. I have voted to confirm The baseless smears that we have their opposition. probably hundreds of nominees with heard are irresponsible, harmful and The Senate is faced with several ex- whom I differ. Nor is this about one demonstrably false. Democrats have treme nominees who have clear records dissent or one speech. This is about voted to confirm each of the other 15 of trying to rewrite the law from the Justice Brown’s approach to the law, African-American judges nominated by bench. In Justice Brown’s hearing be- an approach which she has consistently President Bush and brought to the Sen- fore the Committee, then-Chairman used to promote her own ideological ate for a vote, including all four of the HATCH began the hearing by referring agenda that is out of the mainstream. other African-Americans confirmed to to President Bush’s description of his Her hostility both to Supreme Court appellate courts. Democrats have judicial nomination standard: ‘‘Every precedent and to the intent of the leg- fought hard to integrate the Fourth judge I appoint will be a person who islature does not entitle her to a life- Circuit, working with Senator WARNER clearly understands the role of the time appointment to this highly impor- through the confirmation of Judge judge is to interpret the law, not to tant appellate court. Roger Gregory, and with Senator legislate from the bench. My judicial As I have said—and as remains true today—Janice Rogers Brown’s ap- EDWARDS on the confirmation of Judge nominees will know the difference.’’ proach to the law can be best described Allyson Duncan. And it was Demo- Regretfully, Justice Brown, a practi- as a ‘‘jurisprudence of convenience.’’ cratic Members who were outraged at tioner of a results-oriented brand of ju- Justice Brown has proven herself to be the Republicans’ partyline vote against dicial activism so radical she is fre- a results-oriented, agenda-driven judge Justice Ronnie White and Republican quently the lone dissenter from a 6–1 whose respect for precedent and rules pocket filibusters of Judge Beatty, Republican majority court, represents of judicial interpretation change and Judge Wynn, Kathleen McCree Lewis, the antithesis of the President’s pur- shift depending on the subject matter and so many outstanding African- ported standard. In re-nominating Jus- before her and the results she wants to Americans judges and lawyers blocked tice Brown after she failed to gain con- reach. sent of the Senate, the President has, during the Clinton years. Hers is a record of sharp-elbowed ide- Let us not see that shameful card again, selected a judicial nominee who ological activism. dealt from the deck of unfounded deeply divides the American people and While Justice Brown’s approach to charges that some stalwarts of this the Senate. the law has been inconsistent—she has President’s most extreme nominees After Justice Brown’s record was ex- taken whatever approach she needs to have come more and more to rely upon. amined in the hearing on her nomina- in order to get to a result she desires— Let us stick to the merits. As so many tion, editorial pages across the country the results which she has worked to- have explained in such detail over the came to the same conclusion. Justice ward have been very consistent, last few days, those who oppose her do Brown’s home State newspaper, The throughout her public record. At her so because they retain serious doubts Los Angeles Times, concluded she is a hearing, Justice Brown attempted to about her nomination and see her as an ‘‘bad fit for a key court,’’ after finding separate her speeches from her role as ideologue or a judicial activist. that ‘‘in opinions and speeches, Brown a judge. However, on issue after issue— The basis for my opposition is the ex- has articulated disdainful views of the the protection of the elderly, workers tremism of Justice Brown’s record. Constitution and government that are and consumers; equal protection; the That, too, is the reason both of her so strong and so far from the main- takings clause; privacy rights; free home State Senators oppose her. As we stream as to raise questions about speech; civil liberties; remedies; the have heard in the Judiciary Committee whether they would control her deci- use of peremptory challenges, and and here on the Senate Floor, both sions.’’ The Detroit Free Press con- many more—Justice Brown has in- Senators from California, who arguably cluded: ‘‘Brown has all but hung a ban- serted her radical views into her judi- know this nominee and her record bet- ner above her head declaring herself a cial opinions time and time again. In ter than most, strongly oppose Justice foe to privacy rights, civil rights, legal fact, Justice Brown’s comments to Brown’s confirmation. There was a precedent and even colleagues who groups across the country over the last time in the Senate, not that long ago, don’t share her extremist leanings.’’ 10 years repeated the same themes— when opposition by a nominee’s home The Atlanta Journal and Constitution sometimes even the same words—as State Senators, no matter how late in concluded that Janice Rogers Brown is she has written in her bench opinions. the day it was announced, was enough ‘‘not qualified for the U.S. Court of Ap- In Santa Monica Beach v. Superior to halt a nomination. I remember how peals for the D.C. Circuit.’’ The Wash- Court of L.A. County, Justice Brown that tradition was adhered to scru- ington Post found that Justice Brown wrote of the demise of the Lochner era, pulously by Republican Senators 51⁄2 is ‘‘one of the most unapologetically claiming ‘‘the ‘revolution of 1937’ ended years ago when the Senate voted on ideological nominees of either party in the era of economic substantive due the confirmation of Ronnie White to be many years.’’ And The New York process but it did not dampen the a judge in Missouri. Even though one of Times concluded that, based on Justice court’s penchant for rewriting the Con- his home State Senators had warmly Brown’s record as a judge, she has ‘‘let stitution.’’ Similarly, in a speech to endorsed him at his hearing, an elev- ideology be her guide in deciding the Federalist Society, she said of the enth hour reversal by that Senator led cases.’’ I would ask that these edi- year 1937: it ‘‘marks the triumph of our to every Republican Senator voting torials expressing opposition, as well as own socialist revolution.’’

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6213 In San Remo Hotel v. City and Coun- One stark example comes in an opin- How can someone who has dem- ty of San Francisco, Justice Brown ion she wrote where in order to support onstrated her activism be entrusted to wrote, ‘‘[t]urning a democracy into a her view that judges should be able to make fair and neutral decisions when kleptocracy does not enhance the stat- limit damages in employment discrimi- faced with the responsibility of inter- ure of the thieves; it only diminishes nation cases, she concluded that ‘‘cre- preting the powers of the federal gov- the legitimacy of the government.’’ ativity’’ was a permissible judicial ernment and the breadth of regulatory Similarly, two years earlier, she told practice and that all judges ‘‘make statutes? Justice Brown responded to an audience at the Institute for Jus- law.’’ this question at her hearing by calling tice: ‘‘If we can invoke no ultimate Justice Brown’s approach to the law on us to review her record as a judge to limits on the power of government, a has led to many opinions which are see that she does not ‘‘hate govern- democracy is inevitably transformed highly troubling. She repeatedly and ment.’’ Well, I did review her record. into a kleptocracy—a license to steal, a consistently has advocated turning And, what I found was disturbing: She warrant for oppression.’’ back the clock 100 years to return to has used her position on and off the As Berkeley Law School Professor an era where worker protection laws bench to argue for the dismantling of Stephen Barnett pointed out about were found unconstitutional. She has government from the inside out. Justice Brown’s ‘‘apparent claim that attacked the New Deal, an era which Since the Senate last considered Jus- these are ‘just speeches’ that exist in created Social Security, fair labor tice Brown’s nomination, her troubling an entirely different world from her ju- standards and child labor laws, by call- jurisprudence has not changed. As dem- dicial opinions,’’ ‘‘that defense not ing it ‘‘fundamentally incompatible onstrated by her recent opinions, Jus- only is implausible but trivializes the with the vision that undergirded this tice Brown has continued to be a re- judicial role.’’ I agree with Professor country’s founding.’’ Justice Brown’s sults-oriented judge with little consist- Barnett on this and understand his de- antipathy to the New Deal and Social ency in judicial interpretation who termination to oppose her nomination. Security is so strong, that she stated, gives great deference to her own agen- Justice Brown’s provocative speeches in Santa Monica Beach v. Superior Court da rather than to precedent, to the in- are disturbing in their own right, and of L.A. County, 19 Cal. 4th 952 (1999), tent of the legislature, or to the Con- they are made more so by their reprise that ‘‘1937 [the year in which much of stitution. in her opinions. President Roosevelt’s New Deal legisla- In the last 18 months, since Justice During her hearing, Justice Brown tion took effect] . . . marks the tri- Brown appeared before the Judiciary told the Committee that she will ‘‘fol- umph of our own socialist revolution Committee: low the law.’’ However, her opinions . . .’’ She has expressly ignored Supreme from the bench speak much louder Justice Brown’s hostility toward So- Court precedent in seeking judicial re- than her words to the Committee. In cial Security is part of larger hostility peal of a State antidiscrimination stat- such a judicial dissent she wrote, ‘‘We toward the needs and the rights of sen- ute giving drug benefits to women, de- cannot simply cloak ourselves in the ior citizens. In a 2000 speech to a right- spite her own finding that the statute doctrine of stare decisis.’’ Justice Brown’s disregard for prece- wing group, Justice Brown claimed met the Supreme Court’s test. dent in her opinions in order to expand that, ‘‘Today’s senior citizens blithely She has denigrated the constitu- the rights of corporations and wealthy cannibalize their grandchildren be- tional right to privacy and bodily in- property owners, at the expense of cause they have a right to get as much tegrity as mere ‘‘sympathy’’ by the workers and individuals who have been ‘free’ stuff as the political system will majority. the victims of discrimination, stands permit them to extract.’’ Justice She has shown deference to the in- among the clearest illustrations of Jus- Brown has injected this hostility into tent of employers rather than to prece- tice Brown’s results-oriented jurispru- her opinions. In Stevenson v. Superior dent, to the detriment of the retire- dence. In several dissents, Justice Court of Los Angeles County, 16 Cal. 4th ment benefits of long-term workers. Brown called for overturning an excep- 880 (1997), Justice Brown was the only She has sought to replace the legisla- tion to at-will employment that has member of the court to find that age ture’s judgment regarding the value of been long recognized by the California discrimination victims cannot sue expert testimony related to ‘‘Battered Supreme Court, and was created to pro- under common law because, as she Women’s Syndrome’’ with her own tect workers from discrimination. She stated in that case, she does not be- judgment that domestic violence is has repeatedly argued for overturning lieve age discrimination stigmatizes ‘‘simply a label, now codified,’’ which precedent to provide more leeway for senior citizens. would make it more difficult to pros- corporations against attempts to stop And she has repeatedly opposed pro- ecute domestic violence. the sale of cigarettes to minors, pre- tections against discrimination of indi- She has sought to overturn a long vent consumer fraud, and prevent the viduals—in their jobs and in their line of precedent that African-Amer- exclusion of women and homosexuals. homes. Justice Brown’s claims that her ican women are considered a ‘‘cog- Justice Brown has also been incon- words do not mean what they say are nizable group’’ for the purpose of as- sistent in the application of rules of ju- simply unconvincing. sessing where a prosecuting attorney dicial interpretation—again depending Another troubling aspect of Justice has violated equal protection in the use on the result that she wants to reach in Brown’s nomination is the court for of peremptory challenges. order to fulfill her extremist ideolog- which she has been nominated. She is She has demonstrated her hostility ical agenda. being considered for a position on the to common law by overturning Califor- These legal trends—her disregard for premier administrative law court in nia’s century-old second-degree felony precedent, her inconsistency in judicial the nation—a court that is charged murder rule. interpretation, and her tendency to in- with overseeing the actions of federal She has sought to make it more dif- ject her personal opinions into her ju- agencies that are responsible for work- ficult for a worker to pursue a sexual dicial opinions—lead to no other con- er protections, environmental stand- harassment claim against her employer clusion but that Janice Rogers Brown ards, consumer safeguards, and civil by strictly enforcing release language is—in the true sense of the words—a ju- rights protections. in a separate worker’s compensation dicial activist. I am concerned about her ability to settlement, even though this result When it is needed to reach a conclu- be a fair arbitrator on this court. Jus- would, according to the majority, ‘‘cre- sion that meets her own ideological be- tice Brown has made no secret of her ate a trap for the unwary worker.’’ liefs, Justice Brown stresses the need disdain for government’s role in up- Justice Brown’s record since her for deference to the legislature and the holding protections against the abuse hearing—and since she was last re- electorate. However, when the laws—as of the powerless, those who struggle in jected by the Senate—has only brought passed by legislators and voters—are our society, and our environment. She into sharper focus the radicalism of her different than laws she believes are has said, ‘‘. . . where government opinions and only deepened my concern necessary, she has shown no deference, moves in, community retreats, civil so- about her extremism. presses her own agenda and advocates ciety disintegrates, and our ability to Indeed, in the last several days the for judicial activism. control our own destiny atrophies.’’ United States Supreme Court decision

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6214 CONGRESSIONAL RECORD — SENATE June 8, 2005 in a regulatory takings case dem- record of using her position as a mem- The argument is made that circuit onstrates anew just how far out of the ber of the court to put her views above judges play a critical role, and will mainstream she is. In this case, a the law and above the interests of make law because their cases will not strong majority of the Supreme Court working men and women and families be reviewed by the U.S. Supreme rejected the approach that Justice across the Nation. We should not en- Court, which grants certiorari in so few Brown has endorsed in her efforts to able her to bring her ‘‘jurisprudence of cases. But the fact is that no one judge expand the takings clause of the Con- convenience’’ to one of the most impor- can do that on the circuit. The judges stitution to thwart local government tant Federal courts in the Nation. sit in panels of three. So if one judge is regulation for health, safety, con- The PRESIDING OFFICER. The Sen- way out of line, does something egre- trolled growth and economic develop- ator from Pennsylvania controls the gious, there has to be a second judge ment. next 10 minutes. concurring. And if there is concurrence America would look like and be a Mr. SPECTER. Mr. President, as the on something that is out of line, the very different place if Justice Brown debate winds down on the nomination circuit courts have the court en banc had her way. She would do away with of California State Supreme Court Jus- to correct it. And then there is always many of the core protections Ameri- tice Janice Rogers Brown, I suggest to the appeal or petition to the Supreme cans count on to keep their jobs and my colleagues that this debate is really Court of the United States. communities safe and their retire- not about Justice Brown at all, but it One thing that has troubled me is the ments secure. There would be few if is about the escalating battle which unwillingness of Senators to concede any laws protecting Americans from has been going on between the two par- that both sides have been wrong—to race discrimination, employment dis- ties since the last 2 years of President make the explicit concession that their crimination or age discrimination, or Reagan’s administration and con- side has been wrong at least in part. protecting a woman’s right to choose. tinuing up to the present time. I have scoured the RECORD and noted Corporate speech would be protected, I was on the Judiciary Committee in a comment made by the leader of the but not the first amendment rights of the last 2 years of the Reagan adminis- Democrats, Senator REID, who said this employees to criticize an employer’s tration, having served since I was on May 19: practices. Corporations would be pro- elected in 1980 on that committee, and Let’s not dwell on what went on in the 4 tected against suits for stock fraud and there was a limited list to be confirmed years of President Bush’s administration. I for illegally selling cigarettes to mi- after the Democrats took control of am sure there is plenty of blame to go the Senate in the 1986 election, for 1987 around. As we look back, I am not sure—and nors, but private employers would not it is difficult to say this and I say it—I am be required to provide contraceptive and 1988. Then the policy was continued during not sure either was handled properly. I have drug benefits for women. the 4 years of President George Herbert known it wasn’t right to simply bury 69 Justice Brown’s America would mean nominations. And in hindsight, maybe we a return to the widely and justifiably Walker Bush. I recall pending Third could have done these 10 a little differently. Circuit nominees who were not going discredited Lochner era, an era named It seems to me that we really ought to be considered because we were not after a Supreme Court decision so to be able to admit the wrongs on both going to confirm any more of the Presi- widely-derided that even Robert Bork sides—to have a clean slate, to start dent’s nominees. called its judicial activism an ‘‘abomi- Then the situation was exacerbated over and try to have Senators vote nation.’’ A return to the Lochner era to a new level during the years of their individual consciences on matters would mean a return to a time without President Clinton, when some 60 judges such as filibusters. In talking to my protections against child labor. It were bottled up. I opposed that prac- colleagues who are Democrats, I heard would mean a return to a time without tice at the time as a Republican on the many say they did not like the system- zoning protections to prevent porn Judiciary Committee and supported atic filibusters; it was not the right shops and factories and rat-infested Judge Berzon, Judge Paez, and others, thing to do. But there is a party strait- slaughterhouses from moving in next and urged that we not have party pay- jacket on, so it is done. Similarly, in door to Americans’ homes; a time with- back. the Republican cloakroom and Repub- out consumer protection and laws pro- Then the matter was exacerbated to lican caucus, many of my colleagues viding for affordable housing; a time new levels with the unprecedented use voiced objections to the so-called con- without worker safety laws and with- of systematic filibusters, the first time stitutional or nuclear option. But there out fair labor standards; and a time in the history of the country that has again, party loyalty has come into without laws protecting clean air and been done. play. clean water. And it would mean a re- Then the President responded with We have admitted our mistakes in turn to a time without Social Security. an interim appointment, the first in- the past, historical mistakes, egregious It is no small irony that this Presi- terim appointment in the history of mistakes on race, women’s suffrage and dent, who spoke of being a uniter, has the Senate on a Senate rejection, al- women’s rights, the rights of criminal used his position to re-nominate Jus- beit by the filibuster route. defendants, and many, many things. It tice Brown and others after they failed Then we came to the critical issue of would not be too much for both sides to to gain consent of the Senate. These how we were going to handle the future say we have both been wrong and let’s provocative nominees have divided the with the heavy debate on the so-called move ahead. But there has been pay- Senate and the American people and constitutional or nuclear option. And back and payback, and the American brought the Senate to the edge of a finally, we worked our way through on people are sick and tired of the ran- ‘‘nuclear winter.’’ His divisiveness has individual judges, without reviewing kling. continued, despite the confirmation of all of that history. When you put aside those factors, I 209 out of his 218 judicial nominees. It What this nomination is all about is suggest that State Supreme Court Jus- is no small irony that this President, party payback time. That is what it is. tice Janice Rogers Brown stacks up who spoke with disdain of ‘‘judicial ac- In the 25 years I have been on the Judi- fine against the long litany of circuit tivism,’’ has nominated several of the ciary Committee, I have seen the com- judges who have been confirmed by the most consummate judicial activists mittee routinely confirm circuit judges Senate. We know the details. I spoke at ever chosen by any President. None of who were no better qualified and, in length on this nomination on Monday the President’s nominees is more in the many cases, not as well qualified as of this week, before the floor became mold of a judicial activist than this Justice Brown. congested with many Senators who nominee. We had two very celebrated cases wanted to speak, and spoke at that I oppose giving Justice Brown this where two nominees for circuit court time in my capacity as chairman of the lifetime promotion to the second high- went through with relative ease, and committee. Now I have been allotted 10 est court in our land because the Amer- then their records were subjected to minutes to speak as we wind down this ican people deserve judges who will in- very intense scrutiny during nomina- debate. terpret the law fairly and objectively. tion hearings for the Supreme Court of Her record is really exemplary. She Janice Rogers Brown is a committed the United States. But the practice has was born in Alabama in 1949 to share- judicial activist who has a consistent been to confirm the circuit judges. croppers. She had an excellent record

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6215 in college and in law school. She went vote for this or any other nominee. Nor I will say one thing, in the 10 years back to get a master’s degree from the did the agreement establish Janice since they did their work, the State University of Virginia after she was on Rogers Brown as the benchmark for commission has been proven to be vi- the State supreme court in California. what is acceptable, as far as judicial sionary, to have had foresight, because She has been pilloried for statements nominees go. she has definitively proven them right. that have been made in speeches. As is Whether one is from the left or the She has established a record as a habit- well known, not to be unduly repeti- right, this nominee should be rejected. ual lone dissenter who lacks an open tious—I made a comment about this on We should reject any nominee who mind. I heard one of the Senators over Monday—if everybody in public life, in- twists the law to advance his or her here on the majority side say there cluding Senators, were held to every- own ideological bent. We should reject have been other dissents. She dissented thing they have said, none of us would any nominee who does not believe in or alone 31 times. In a Republican su- be elected, confirmed, appointed, or abide by precedent, and we should re- preme court—6 of the 7 members are asked to do anything in the public ject any nominee who holds deep hos- Republicans—she has dissented alone sphere. If somebody put a microscope tility to Government, such deep hos- 31 times. on the countless tracks of statements I tility that it renders them blind to Justice Brown’s record is the record have made in the CONGRESSIONAL what the law mandates. of a judge who would discard the foun- RECORD—a court reporter is taking this Janice Rogers Brown does not fail on dation of our basic legal system, prece- down, and it will be in the CONGRES- just one of these standards, she fails on dent, in order to elevate her own ex- SIONAL RECORD forever—if I were to be all three. She is an exceptional can- treme views over the law. suggested for some important job, it is didate, there is no question—but in a When I was going to law school, they not hard to find something someone negative sense. She twists the law and taught us a lot of Latin terms. One of has said at some time that would be a does it routinely. She does not follow the Latin terms they have in the law disqualifier. precedent. She has a hostility to Gov- we learned as new law students is The proof is in the pudding on her ernment I have never seen in a judge at something called stare decisis. What do cases. She has handled a lot of cases, any time during my years as a lawyer those words mean? They are Latin and I went through those cases in great and as a member of a legislative body. words that mean ‘‘to stand by decided detail. Under these standards, of course, her matter.’’ It stands for certainty. Janice It is true that she has made nomination should fail resoundingly. Rogers Brown is a judge; she is not a undiplomatic statements, but she is In speeches and opinions, Janice Rog- legislator. She has no right to do the not in the State Department. In ers Brown has repeatedly assailed pro- things she does. I am dumbfounded speeches, she has talked about limiting tections for the elderly, for workers, that we are going to have Republican Government, but when her cases were for the environment, for victims of ra- Senators who have decried for decades reviewed and analyzed, she has upheld cial discrimination. If confirmed today, about activism—she is the epitome of the authority of the Government in she will be a newly empowered person an activist judge. She does not follow many lines which I detailed in a speech to destroy those protections. Why? Be- precedent. She is not a legislator, she the day before yesterday. Similarly, cause the D.C. Circuit, where she is in- is a judge. This is not HARRY REID coming up she has upheld individual rights. tending to go, is the second most pow- with some new theory. In Federalist On the merits, this is a nominee who, erful court in our land. It has special Paper 78, the brilliant Alexander Ham- in my view, is worthy of confirmation jurisdiction over protections for the ilton wrote, explaining the importance to the Court of Appeals. environment, for consumers, for work- of a judiciary bound by precedent: On Monday, I made a brief reference ers, for women, for the elderly. Putting to an opinion by Supreme Court Jus- her on the D.C. Circuit Court of Ap- To avoid arbitrary discretion in the courts peals is truly like putting the fox in to it is indispensable that they should be bound tice Oliver Wendell Holmes about 80 by strict rules and precedent. years ago where he talks about the im- guard the henhouse. The concerns about this woman have Yet we are going to have people on portance of individualization, free the other side of the aisle walk over thinking, and free speech, and has one not been developed in the last 6 months. Deep concerns over her objec- here and vote for this woman. She of the most poignant phrases in any stands for everything I have heard my Supreme Court opinion: that ‘‘time has tivity and fairness, or lack thereof, have followed her through her whole Republican colleagues rail against for upset many fighting faiths.’’ Time has years. The fact that you are a so-called upset many fighting faiths, and in the career. In 1996, when Justice Brown was up for her current job—that is a mem- conservative does not make your activ- free interplay of ideas, we come to the ism any better. I believe in stare deci- ber of the Supreme Court of the State best values and the best ideas in the sis. When the Court over here across of California—she was rated unquali- marketplace. the street renders a decision based on fied by a 23-member commission that If you have a nominee who exercises precedent, I support that. I don’t like was set up by the State of California to some independence and individuality in judges to be legislators and that is review people going to the court. Twen- her speeches but has solid judicial what she is. opinions and a solid professional ty out of 23 said she was unqualified to I think it would be hard to find a record, solid work in the State govern- be a member of the California Supreme Senator, if the truth came out, with ment, that is the test as to whether she Court. The commission specifically everyone being candid, who would not ought to be confirmed. If it were not found that as a lower court judge, agree with Hamilton’s view. But with party payback time, this ferocious de- Brown exhibited: Brown we have a nominee who doesn’t bate would not be undertaken. That is a tendency to interject her political and believe in precedent. She not only why I am going to vote to confirm philosophical views into her opinions. doesn’t believe in it, she doesn’t abide State supreme court justice Janice Press reports at the time indicated by it. Here are a few examples. Rogers Brown. that commission members had received In the case called People v. McKay, I yield the floor. complaints that she was insensitive to she argued against existing precedent The PRESIDING OFFICER. The time established legal precedent, lacked by saying: of the Senator has expired. compassion, lacked intellectual toler- If our hands are tied it behooves us to The Senator from Nevada. ance for opposing views, and mis- gnaw through the ropes. Mr. REID. Mr. President, yesterday applied legal standards. To gnaw through the ropes of prece- the Senate invoked cloture on the These are not the words coming from dent? Why did Alexander Hamilton nomination now before this body. That Democratic Senators. This is from a want judges bound by precedent? Be- came about as a result of a bipartisan commission set up to review candidates cause you need stability in the law. agreement that was reached several the Governor was going to appoint in You can’t have judges acting as legisla- weeks ago. The agreement, though, did the State of California. They found her tors. That is what people complain not proclaim in any way that Justice unqualified, not by a narrow margin— about. I thought most of the com- Brown would be confirmed. The agree- overwhelmingly. Twenty out of the 23 plaints about this problem, in fact, ment does not obligate any Senator to said she was unqualified. came from this side of the aisle.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6216 CONGRESSIONAL RECORD — SENATE June 8, 2005 In Kasky v. Nike, she argued for health care, better wages, and a decent speeches, which she said are designed overturning precedent because it ‘‘did standard of living. In Nevada, our cul- to stir the pot. But she can’t. But that not take into account realities of the inary union, which represents almost is not true. It is simply not true. She is modern world.’’ 60,000 people who work in our leisure- being disingenuous. Her speeches are That is what we hear. We hear that time industry, has so effectively rep- carried forward in her opinions. The in- the Federalist Society and all these resented the position of these tens of flammatory rhetoric in her speeches other so-called conservative groups thousands of employees that such jobs carries over into her opinions as if cop- who want the Constitution to be inter- are the best jobs for maids, cooks, ied on the old copying machines. preted based on the words of that Con- waitresses, waiters, and car valets of For example, in a speech at the Insti- stitution, not her ‘‘realities of the any place in the world. Over the years, tute of Justice, she said: modern world.’’ farsighted casino owners have worked If we can invoke no ultimate limits on the In People v. Williams, she summa- with this union because they know power of government, a democracy is inevi- rized her views stating she is ‘‘dis- that in the hospitality industry, staff tably transformed into a Kleptocracy—a li- inclined to perpetuate dubious law for can make or break an enterprise. Our cense to steal, a warrant for oppression. no better reason than that it exists.’’ labor laws encourage businesses to She wrote an opinion in the San How could a judge say that? But she work with laborers so both sides ben- Remo Hotel v. City and County of San does. These are the words of a judicial efit. Francisco case where she said the same activist. In 1905, a case was decided by the thing, almost identical words: I said yesterday, when somebody U.S. Supreme Court called Lochner. It Turning a democracy into Kleptocracy asked me: invalidated worker protection laws— does not enhance the stature of thieves; it If you like judicial activism, she is a things such as how many hours you only diminishes the legitimacy of govern- doozy. could work, do you get paid overtime, ment. I wanted to make sure I didn’t insult basic safety measures in the work- In another speech, she assailed senior her. I went and looked up in the dic- place. In Lochner, the U.S. Supreme citizens with this verbiage: tionary what a doozy is. Doozy is ‘‘ex- Court said, No, you can’t do that. So . . . today’s senior citizens blithely can- traordinary.’’ She is an extraordinary for 32 years that was the law of the nibalize their grandchildren because they activist, not even a mainstream activ- land. have a right to extract as much ‘‘free’’ stuff ist. She is the most activist judge, in In a unique situation, the Supreme as a political system will permit them to ex- my many years in the courts and in the Court said: Times have changed. We tract. legislature, I have ever seen. are going to change that. They did that In a case involving discrimination She has a deep disdain for Govern- in 1937. Lochner is a case that we look against a senior citizen, Stevenson v. ment. Don’t take my word it. Listen to back at, not with as much dread as the Superior, she said the same thing—in a what she says, for example, about Gov- Dred Scott case, but it is pretty bad. In dissent, of course—that California’s ernment. that case, the Lochner case, they in- public policy against age discrimina- Where government moves in, community validated the New York labor statute tion cannot benefit the public. She said retreats, civil society disintegrates, our abil- that limited the number of hours em- that such age discrimination: ity to control our own destinies atrophies. ployees could work. is not . . . Like race and sex discrimination. We have a world out there that is Over the passionate dissent, and I It does not mark its victims with a stigma of looking to America for guidance. Why heard the distinguished chairman of inferiority and second class citizenship; it is are they looking to us? It is our ability the Judiciary Committee, the distin- an unavoidable consequence of that uni- versal level of time. to govern, our Government. We are the guished Senator SPECTER from Penn- envy of the rest of the world, with our sylvania talk about Oliver Wendell She is saying you get old, you take constitutional form of Government. Holmes—Oliver Wendell Holmes dis- the consequence, and if you get a little What does she think of it? Not much. sented in the Lochner case and his dis- gray hair and you have worked there 30 She also says the result of Govern- sent was one of the most beautifully years, they can dump you just because ment is: written opinions in our history. For your hair is gray. Families under siege; war on the streets; decades, Lochner stood as a hard-heart- I am not making this up. Setting her unapologetic expropriation of property; the ed barrier to worker protections en- speeches aside, and these few opinions, precipitous decline of the rule of law; the joyed by Americans today. Its reversal her judicial opinions are enough to dis- rapid rise of corruption; the loss of civility by the Supreme Court was one of the qualify her for the job. and the triumph of deceit. most pivotal moments in our Nation’s There is another case, Aguilar vs. What world is she living in? She also history. Avis Rent A Car. I cannot in good taste says the result of Government is: Where does Janice Rogers Brown on the Senate floor repeat what this a debased, debauched culture which finds come in here? She laments that the Hispanic employee, Aguilar, was being moral depravity entertaining and virtue con- case was overturned. She wants to re- called in the workplace. I cannot re- temptible. turn to the way it used to be. She said peat it. They are the most vile words I don’t recognize that government of Holmes’ famous dissent in Lochner— we have in English. I cannot do that. I she describes. Is a government which in this case he was simply wrong. She have them. I cannot do that. Vile. strives to provide children with a bet- said the Lochner dissent has troubled What did she say? There was a race dis- ter education one which leads to war in me and has annoyed me for a long crimination suit against an employee the streets? Is a government which time. who had repeatedly been subjected to works to provide health care to people She has compared the demise of racial slurs. She argued the slurs were one which results in families under Lochner and the worker protections protected by the first amendment. siege? Is a government which protects that followed in its wake as a socialist While the majority soundly rejected beautiful landmarks of our land one revolution. this defense, she, in her single dissent, which leads to an unapologetic expro- She seeks to return to Lochner, and endorsed these people being able to say priation of property? if confirmed, she will have power to ef- that. I am not making this up. She ar- I don’t think mainstream Americans fect those changes she wants. Why gued that even an illegal racial dis- would agree to this, mainstream Demo- should we have a 40-hour workweek, criminatory speech in the workplace— crats, Republicans, Independents. according to Janice Rogers Brown? discrimination prohibited by title VII These views are not those of a person Why should we have workers com- of our Civil Rights Act—is protected by who should be awarded tremendous pensation law, worker safety laws? the first amendment. She believes ra- power in our federal court system. Why should people have to be paid by cial slurs in the workplace are accept- Take one area of the D.C. Circuit’s their employers overtime? They should able in America. This is a woman who special jurisdiction, hearing appeals not be, according to Janice Rogers is going to the second highest court in from the National Labor Relations Brown. the land? Board. These cases involve employee She has attempted to distinguish be- Take another case, Konig v. Fair Em- rights to unionize to achieve better tween her legal opinions and her ployment and Housing Commission.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6217 There—again in a dissent, what else— doned, where discrimination is not tol- the President of the United States in she argued that an African-American erated, where corporations are not July 2003. She has endured 184 ques- police officer who had been discrimi- given license to lie, where senior citi- tions and nearly 5 hours of debate in nated against should not be awarded zens are valued and honored, where we the Judiciary Committee hearing, two damages for this illegal conduct per- have protections for the air we breathe, committee votes—both of which were petrated against her. the food we eat, the water we drink, favorable to Justice Brown’s nomina- In her world, discrimination is with- and these are embraced instead of tion—and one failed cloture vote de- out an effective remedy, and wrong- evaded, if you believe in these things, spite majority support among the doers are rewarded. no one in good conscience can approve Members of the Senate. She also an- While she displays hostility toward this nomination. The record is too swered over 120 written questions and victims of discrimination—willing to clear, too disturbing, too expansive. sat down for countless meetings with twist the law to deny relief—she exhib- The influence of this court, the DC individual Senators. In all, we have de- its the opposite view when it comes to Circuit Court, is too important, too bated Justice Brown for over 50 hours corporations. Corporations can do no fundamental to the rights Americans on the Senate floor. wrong. hold dear. If there were ever a nominee Now, after 2 years, Senators will fi- In Kasky v. Nike, the plaintiff sued whom my colleagues, Republicans and nally be able to fulfill their constitu- Nike, alleging Nike had engaged in Democrats, should reject, this is it. tional duty of advice and consent on false and misleading advertising in a This bipartisan rejection would do the President’s nominee. Janice Rogers false campaign to deny it had mis- more to change the tenor of the debate Brown will finally get an up-or-down treated its overseas workers. The ma- on judicial nominations than any step vote. She will finally get the courtesy jority held that these false statements we could take. It would send a signal to and the respect she deserves. were not protected by the Constitu- President Bush that while we may con- During this 2-year process, Senators tion. Again, in dissent, Justice Brown firm the conservative nominee—and we on the other side of the aisle have lev- argued they are protected. have confirmed 209 so far—the Senate eled harsh and I believe unfair attacks Under Justice Brown’s reasoning of will not approve results-oriented activ- against Justice Brown. A careful re- this case, corporate lies should be pro- ist ideologues to our Federal courts. It view of her record, however, shows Jus- tected and public protections rejected. would breathe new life into the ‘‘ad- tice Brown has an unwavering commit- That was her opinion. vice’’ part of the advice and consent ment to judicial restraint and the rule As the Enron wrongdoers finally head clause of our Constitution, encouraging of law. to trial 4 years after they destroyed partnership between the President and Opponents have called Justice Brown the retirement security of its employ- the Congress. an extremist. But we have heard the bi- ees and devastated investors, do we The American people want to see partisan praises of Justice Brown from want a judge who believes that cor- us—Democrats and Republicans—work- those who know her best—her former porate lies are protected by the Con- ing together to improve the retirement and current colleagues on the Cali- stitution? security, their health care, their chil- fornia Supreme Court and California Justice Brown also believes that the dren’s education. Because of the time Court of Appeals. They agree that Jan- takings clause of the Constitution we have spent on judges for weeks and ice Rogers Brown is a ‘‘superb judge’’ should be transformed into a weapon to weeks, we will never catch up. We have and have said that ‘‘she is a jurist who tear government down. For example, in the Energy bill to do. We have the applies the law without favor, without the San Remo case, a hotel owner chal- armed services bill we have to do. We bias, and with an even hand.’’ lenged a city permitting requirement. have TANF. We hope to do something Opponents have called Justice Brown In dissent—again—she argued this on estate tax. It goes on and on. It is ‘‘out of the mainstream.’’ Yet, as a jus- scheme was a taking of property re- all catchup time. Why? Because of five tice on the California Supreme Court, quiring compensation under the Con- judges and the President did not get California voters reelected her with 76 stitution. Her assertion that a permit his way. And it will be catchup time percent of the vote, the highest vote fee was a taking requiring compensa- for a long time because of it. percentage of all the justices on the tion is totally at odds with long- The people want to see us work to- ballot. Can 76 percent of Californians standing U.S. Supreme Court prece- gether. They want to see the President be out of the mainstream? Senators de- dent. That does not matter to her. Her bring forward fair judicial nominees nying Janice Rogers Brown the fair- radical view would mandate compensa- who will not bring an ideological agen- ness of an up-or-down vote is what has tion for everything. That is her point. da to this body, whether liberal or con- been out of the mainstream. She does not want government and her servative, to these lifetime positions. Justice Brown’s life is an inspiring view is a way to achieve that end. The American people should demand, story of the American dream. It is an If you disapprove of zoning laws the Senate should demand, that a extraordinary journey from a share- which keep strip clubs and factories nominee possess a fair, open mind, and cropper’s field in segregated Green- from opening next door to your house, an instinctual understanding that the ville, AL, to the California Supreme or an adult bookstore, if you dislike job of a judge is not to make law but to Court, and to the D.C. Circuit Court of the environmental process which saved interpret our laws. It is this very basic Appeals. Thanks to hard work and per- the bald eagle, our golden eagle, if you standard that this nominee so utterly sistence and a strong intellect, Justice oppose the communication laws which and completely fails to meet. Brown has risen to the top of the legal protect our children from indecent pro- I urge my colleagues to reject this profession. gramming, then Janice Rogers Brown very bad nomination. A true public servant, she has dedi- is your kind of a judge. She does not The PRESIDING OFFICER. The ma- cated her life to serving others. For 24 believe in these protections and wants jority leader. years, she has served in various promi- to twist the Constitution to abolish Mr. FRIST. Mr. President, in a few nent positions in California State gov- them. moments, we will vote on the con- ernment. In 1996, she became the first I said she was a doozy as an activist, firmation of Justice Janice Rogers African-American woman to serve as and I think I have proven my case. Her Brown to serve on the U.S. Court of Ap- an associate justice on the California views, in my word and I think the word peals for the DC Circuit. Justice Brown Supreme Court, the State’s highest of the American people, are absurd. is a highly qualified nominee. She is court. They are without any basis in the law. kind. She is smart. She is thoughtful. Janice Rogers Brown is a distin- They should not be given voice on the She has endured a protracted and often guished, respected, and mainstream ju- DC Circuit. bitter nominations process with grace rist. I am proud that today, after al- I say to my colleagues, to the Amer- and dignity. I look forward to her con- most 2 years, the Senate will finally ican people, if you believe in America— firmation to the Federal bench in just give Janice Rogers Brown the vote she and I know we do—where workers are a few short minutes. has waited so long to receive. entitled to a fair wage for a fair day’s It has been a long road to get to this With the confirmation last week of work, where racial slurs are not con- point. Justice Brown was nominated by Justice Owen and the upcoming vote

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6218 CONGRESSIONAL RECORD — SENATE June 8, 2005 on Justice Brown, the Senate con- For the information of our col- bama, to be United States Circuit tinues to make progress, placing prin- leagues, we are going to go imme- Judge for the Eleventh Circuit. ciple before partisan politics and re- diately to the cloture vote. If cloture is CLOTURE MOTION sults before rhetoric. I hope we can invoked on the Pryor nomination, it is The PRESIDING OFFICER. Under continue working together to do our my expectation that we will be able to the previous order, pursuant to rule constitutional duty as Senators and lock in a time certain for the final up- XXII, the Chair lays before the Senate give other judicial nominees the fair or-down vote on that nomination. That the pending cloture motion, which the up-or-down votes they deserve. would be for tomorrow. The Demo- clerk will report. I ask for the yeas and nays. cratic leader and I have consulted back The bill clerk read as follows: The PRESIDING OFFICER. Is there a and forth, and we will lock in a vote for CLOTURE MOTION sufficient second? 4 p.m. tomorrow, if cloture is invoked We the undersigned Senators, in accord- There is a sufficient second. through the next vote. ance with the provisions of rule XXII of the All time is expired. Following that vote, tomorrow we Standing Rules of the Senate, do hereby The question is, Will the Senate ad- will consider the Sixth Circuit nomina- move to bring to a close debate on Executive vise and consent to the nomination of tions and hopefully not use all of the Calendar No. 100, William H. Pryor, Jr., of Janice R. Brown, of California, to be allocated time to which we previously Alabama, to be United States Circuit Judge for the Eleventh Circuit. United States District Court Judge for agreed. We will be doing that after the the District of Columbia Circuit? On Bill Frist, Craig Thomas, Richard Burr, vote tomorrow, and we will be voting Pat Roberts, Mitch McConnell, Jeff this question, the yeas and nays have on those nominations, as well, tomor- Sessions, Wayne Allard, Jon Kyl, Rich- been ordered. The clerk will call the row—late afternoon, hopefully, maybe ard G. Lugar, Jim DeMint, David Vit- roll. early evening. ter, Richard C. Shelby, Lindsey Gra- The bill clerk called the roll. President Bush nominated Judge ham, John Ensign, Pete Domenici, Bob Mr. DURBIN. I announce that the Pryor on April 9, 2003, to serve on the Bennett, George Allen. Senator from Vermont (Mr. JEFFORDS), Eleventh Circuit Court of Appeals. The PRESIDING OFFICER. By unan- is necessarily absent. While the individual nominees may imous consent, the mandatory quorum The result was announced—yeas 56, change, the debate continues to be cen- call has been waived. nays 43, as follows: tered on a simple and unequivocal prin- The question is, Is it the sense of the [Rollcall Vote No. 131 Ex.] ciple. Senate that debate on the nomination YEAS—56 It is based on fairness, and it is of William H. Pryor, Jr., of Alabama, Alexander DeWine McConnell grounded in the Constitution of our to be United States Circuit Judge for Allard Dole Murkowski great Nation. the Eleventh Circuit, shall be brought Allen Domenici Nelson (NE) to a close? The yeas and nays are man- Bennett Ensign It is the principle that every judicial Roberts datory under the rules. The clerk will Bond Enzi Santorum nominee that comes to this floor de- Brownback Frist Sessions serves an up or down vote. call the roll. Bunning Graham Shelby Judge Pryor is also a qualified nomi- The legislative clerk called the roll. Burns Grassley Smith Mr. DURBIN. I announce that the Burr Gregg nee. He deserves a fair vote, and it is Snowe Chafee Hagel our duty to cast one. Senator from Vermont (Mr. JEFFORDS) Specter Chambliss Hatch is necessarily absent. Stevens Judge Pryor has broad legal experi- Coburn Hutchison Sununu ence as a public servant, as a prac- The PRESIDING OFFICER. Are there Cochran Inhofe any other Senators in the Chamber de- Coleman Isakson Talent ticing attorney, and as a law professor. Collins Kyl Thomas Judge Pryor has served with distinc- siring to vote? Cornyn Lott Thune tion on the appellate bench since he The yeas and nays resulted—yeas 67, Craig Lugar Vitter nays 32, as follows: Crapo Martinez Voinovich was recess appointed last year. Many of DeMint McCain Warner his opinions have been supported by [Rollcall Vote No. 132 Ex.] YEAS—67 NAYS—43 judges appointed by both Democrats and Republicans. Alexander DeWine McConnell Akaka Durbin Mikulski He enjoys bipartisan support inside Allard Dole Murkowski Baucus Feingold Murray Allen Domenici Nelson (FL) Bayh Feinstein Nelson (FL) and outside the Senate chamber. Bennett Ensign Nelson (NE) Biden Harkin Obama Yet he has had to wait more than 2 Bingaman Enzi Pryor Bingaman Inouye Pryor years for a fair, simple, and courteous Bond Frist Roberts Boxer Johnson Reed Brownback Graham Byrd Kennedy up or down vote on the Senate floor. Salazar Reid Bunning Grassley Santorum Cantwell Kerry Rockefeller It is time to close debate and vote on Burns Gregg Carper Kohl Sessions Salazar this nominee, up or down, yes or no, Burr Hagel Clinton Landrieu Shelby Sarbanes Byrd Hatch Conrad Lautenberg confirm or reject. Smith Schumer Carper Hutchison Corzine Leahy I will continue to work to ensure Chafee Inhofe Snowe Dayton Levin Stabenow that Judge Pryor and every other judi- Specter Wyden Chambliss Inouye Dodd Lieberman cial nominee get an up-or-down vote on Coburn Isakson Stevens Dorgan Lincoln Sununu the floor of the U.S. Senate. Cochran Johnson NOT VOTING—1 Coleman Kyl Talent We are working on a process to start Collins Landrieu Thomas Jeffords the Energy bill next week, as well as to Conrad Lieberman Thune The nomination was confirmed. consider the Griffith nomination on Cornyn Lott Vitter Monday and will announce more on Craig Lugar Voinovich The PRESIDING OFFICER. The ma- Crapo Martinez Warner jority leader is recognized. that schedule tomorrow. But Members DeMint McCain f should expect a vote Monday evening. NAYS—32 That pretty much outlines, I believe, NOMINATION OF WILLIAM H. the schedule for tonight and tomorrow. Akaka Durbin Mikulski PRYOR TO BE UNITED STATES Baucus Feingold Murray Mr. REID. Mr. President, it is my un- Bayh Feinstein Obama CIRCUIT JUDGE FOR THE ELEV- derstanding the vote Monday will be Biden Harkin Reed ENTH DISTRICT—Resumed around 6 o’clock rather than our nor- Boxer Kennedy Reid Cantwell Kerry Mr. FRIST. Mr. President, we have mal 5:30 p.m. time. Rockefeller Clinton Kohl Sarbanes just voted to confirm Justice Janice Mr. FRIST. That is correct. The vote Corzine Lautenberg Schumer Dayton Leahy Rogers Brown to the D.C. Circuit Court will be at approximately 6 o’clock in- Stabenow Dodd Levin Wyden of Appeals. We are making progress. stead of the usual 5 o’clock on Monday. Dorgan Lincoln We are securing up-or-down votes on The PRESIDING OFFICER. Under previously blocked nominees. We will the previous order, the clerk will re- NOT VOTING—1 now turn to another judge who has port Executive Calendar No. 100. Jeffords been considered in the past, Judge Wil- The legislative clerk read the nomi- The PRESIDING OFFICER. On this liam H. Pryor. nation of William H. Pryor, Jr., of Ala- vote, the yeas are 67, the nays are 32.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6219 Three-fifths of the Senators duly cho- Everybody who sits at these desks, nomination; provided further that the sen and sworn having voted in the af- the people who are in the Chamber vote on the confirmation of the Pryor firmative, the motion is agreed to. now, will be able to express themselves nomination occur at 4 p.m. tomorrow, The Senator from Mississippi. with a vote. That is how we give advice and that the time for consideration be Mr. LOTT. Mr. President, I ask unan- and consent. The vote was 67 to 32. To- divided as follows: from 10 to 10:30 to- imous consent to speak as in morning morrow at 4, he, too, will get an up-or- morrow morning under the control of business. down vote, confirm or reject, on wheth- the majority leader or his designee; The PRESIDING OFFICER. Without er Members believe he is a qualified from 10:30 to 11 under the control of the objection, it is so ordered. nominee. Members can vote their con- Democratic leader or his designee; that (The remarks of Mr. LOTT are printed science, vote their judgment of his the time rotate as above until the hour in today’s RECORD under ‘‘Morning qualifications. The candidate, the of 3 o’clock; that from 3 to 3:15 be Business.’’) nominee, will receive the up-or-down under the control of the majority; 3:15 Mr. LOTT. I suggest the absence of a vote he deserves. to 3:30 under the control of the minor- quorum. The PRESIDING OFFICER. The We should treat these nominees with ity; 3:30 to 3:45 under the control of the clerk will call the roll. respect and in a reasonable period of Democratic leader; and, finally, the The legislative clerk proceeded to time when they come to the floor, or majority leader from 3:45 to 4. call the roll. they make it to this Executive Cal- I further ask consent that following Mr. FRIST. Mr. President, I ask endar, so that they receive that up-or- that vote, the President be imme- unanimous consent that the order for down vote. diately notified of the Senate’s action, the quorum call be rescinded. I am very pleased where we are. It is and the Senate proceed to the consider- The PRESIDING OFFICER. Without huge progress. Both sides of the aisle ation of the Sixth Circuit judges under objection, it is so ordered. are working together on this very im- the previous order. Mr. FRIST. Mr. President, in the last portant judicial nominee process. We The PRESIDING OFFICER. Without hour or so we made huge progress on an will continue that process tomorrow in objection, it is so ordered. issue that has been very difficult for which case by the end of tomorrow we f this body over the last 3 to 4 weeks, in should have three more up-or-down MORNING BUSINESS fact I would say difficult for the last votes at 4, again tremendous progress. 21⁄2 years. The progress we have made is Two of the Michigan judges will be Mr. MCCONNELL. Mr. President, I that for these nominees who had not voted on sometime late afternoon or ask unanimous consent that there now received a fair up-or-down vote for 2 early evening. They will be given up- be a period of morning business with years, 3 years, 4 years, we are finally or-down votes, and I expect all three Senators permitted to speak for up to back in gear and getting up-or-down will be confirmed. 10 minutes each. votes, fulfilling our constitutional re- I believe we have broken the impasse, The PRESIDING OFFICER. Without sponsibility of advice and consent. as I have said, and we are making real objection, it is so ordered. I am very pleased and I am very progress. The early part of next week f proud of this body. People who have we will be having one more up-or-down TRIBUTE TO ANGEL CAMPBELL, been blocked for partisan reasons in vote. That will be on Tom Griffith, and the past, who have been obstructed, COUNSEL AND SPECIAL then we will go to the Energy bill. We PROJECTS DIRECTOR have been prevented from getting want to spend plenty of time to give votes, have been allowed to get votes everybody the opportunity to debate Mr. LOTT. Mr. President, I rise today through regular order by going through and amend. I expect we would spend to pay a special tribute to Ange1 Camp- the Judiciary Committee. Although it that whole first week and likely into bell. She is my counsel and director of took way too long—2 years, 3 years, 4 that second week which would give ev- my Special Projects Office. This out- years—finally they have been allowed erybody the opportunity to come for- standing staffer will be leaving my of- to get an up-or-down vote. I hope it ward and express themselves on a bill fice after 8 years of exceptional service sets the tone, and I believe it will set that I believe will lower gasoline to spend more time with her growing the tone, as we proceed over the com- prices—I cannot say that with cer- family. ing weeks and months and address cir- tainty, but I believe this bill will—and Angel is the epitome of a dedicated, cuit court nominees and, of course, Su- will lower natural gas prices. For peo- hard-working public servant. She has preme Court nominees who may or ple who are thinking about driving on been remarkably gifted at advocating may not occur in the very near future. vacations, driving to work, driving for Mississippi, the place we both call Justice Janice Rogers Brown will their truck, or worried about heating home, to Federal executives in the now serve on the U.S. Court of Appeals in the future, the American people will many government departments and to for the D.C. Circuit. The vote was 56 to know we are doing the Nation’s busi- fellow congressional staffers. I know 43, a bipartisan vote, which shows that ness, that we are doing our very best to that many constituents from the State once these up-or-down votes are al- lower those prices for them as individ- of Mississippi will also feel her ab- lowed and the body can express itself uals. sence. There are many staffers working the will of the Senate will work and I am pleased where we are today. We in Congress who will miss her detailed, that this highly qualified nominee, as I are making real progress. I know there knowledgeable explanations of the in- mentioned a bit ago, who is kind, will be some other comments made to- frastructure features that are unique smart, thoughtful, and qualified, who night before we close. to our home State to help them while has had to endure a lot of protracted I suggest the absence of a quorum. drafting legislative initiatives. And and often bitter nomination discus- The PRESIDING OFFICER. The that is why I want to take a moment sions, is now going to be on the D.C. clerk will call the roll. with my colleagues to recognize and to Circuit. The will of the Senate ex- The legislative clerk proceeded to thank Angel for her many genuine con- pressed itself. The bipartisan vote was call the roll. tributions to my office and to the citi- 56 to 43. Mr. MCCONNELL. Mr. President, I zens of Mississippi. This last vote on William Pryor, the ask unanimous consent that the order Angel is a native of Southaven, MS. fact that in the past he had been ob- for the quorum call be rescinded. She received her bachelor’s degree structed through a partisan leadership- The PRESIDING OFFICER. Without from the University of Mississippi and led effort in the past, once we sort of objection, it is so ordered. later earned her law degree from broke through that impasse, he re- f Samford University. She and her hus- ceived 67 votes on cloture. The vote band, Terry, have three wonderful and was 67 to 32, overwhelming bipartisan ORDER OF PROCEDURE energetic children; Taylor, Trey, and support, which now will guarantee him Mr. MCCONNELL. Mr. President, I Jackson. Even as her family grew while what has been denied in the past, and ask unanimous consent that the Presi- on my staff, she continued to balance that is a fair up-or-down vote. Again, dent be immediately notified of the her priorities and served both her fam- the body will be able to speak. Senate’s earlier action on the Brown ily and Mississippi well.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6220 CONGRESSIONAL RECORD — SENATE June 8, 2005 Angel truly loved fixing the problems Mississippi, but I would like to high- Mississippi difference, a difference that and challenges our Mississippi con- light three of the major ones. will be seen and felt for the next dec- stituents called and wrote about. She First, let me mention I–69. This ade. I will be forever grateful for her understood their frustrations and interstate highway, which will eventu- loyal service and dedication to me, and would take them to heart. Then she ally connect the United States with to the State of Mississippi. I wish would dedicate herself to solving their Canada and Mexico, will run through Angel Campbell good luck and pray individual cases while simultaneously Mississippi in DeSoto County and the God may continue to richly bless her looking for a systemic solution to save Delta because of Angel’s focused hard and her family. others the same aggravation. To say work and determination. Many folks that Angel was relentless in finding an- said I–69 would never be built. Boy, did f swers to difficult problems is an under- she prove these naysayers wrong. She statement. She aggressively worked for helped secure over $100 million for the each and every Mississippian. She be- Greenville Bridge over the Mississippi TRIBUTE TO LOUIS EDWARD came so proficient in her responsibil- River and the first segments of this ‘‘SPANKY’’ FISTER ities, other congressional staffers, and interstate are currently under con- Mr. MCCONNELL. Mr. President, I even some of our colleagues, would struction in DeSoto and Tunica Coun- rise today to pay tribute to Louis Ed- often seek her advice. ties. I–69 will provide the impoverished Angel had several hats and one vital Mississippi Delta with the opportunity ward Fister, a Kentuckian who was job was that of providing excellent to market itself to companies around committed not only to his family and legal advice to everyone in the office. the world and hopefully this region of friends, but to his country and his reli- In a time frame when many large legal our State can take its place in the new gion as well. Known to many simply as matters were being considered, like the global economy with this infrastruc- ‘‘Spanky,’’ Mr. Fister was a permanent confirmation of judges to tort reform ture. deacon in the Roman Catholic Church, to class action reforms, the staff need- Second, let me mention the Nissan a calling he served for 20 years. He was ed and valued her wisdom. She could Plant. Many were involved in getting also an influential realtor and sales clearly explain the law and the bill’s the company to decide on Mississippi representative in the Lexington area. provisions in ways that were under- and many had the grad ideas, but Mr. Fister passed away April 30, 2005, standable. She was there to teach and Angel was part of a small cadre of folks at the age of 66. lead the staff. who turned the ideas into reality by Spanky got his nickname as a child Angel started as one of my staff as- knocking down the bureaucratic, regu- because he reminded people of Spanky sistants, but she quickly moved up the latory barriers to make the idea a re- from ‘‘The Little Rascals.’’ Perhaps the ladder to become the director of my ality. Eighteen months after the an- special projects. There she also had di- nouncement, the field I would I drive name stuck because Spanky made it rect responsibility for a wide range of past in Canton is now a bustling fac- his goal to create ‘‘gangs of people,’’ appropriation matters that affect all tory producing quality vehicles driven especially during his ministerial work. facets of Mississippi’s life. She was a and loved by thousands of Americans. One of Spanky’s greatest joys was serv- leader with a steady confident manage- We can thank Angel for her tireless ing as a chaplain for Eastern State rial style that was accepted by our new work behind the scenes on one of the Hospital where he ministered to the pa- and young staffers. She rapidly molded largest economic development projects tients and offered prayer services. He them into experienced staffers who be- in the United States in recent years. also witnessed marriage vows, bap- came effective surefooted Mississippi The new Nissan plant represents ap- tisms, and assisted with funerals in advocates who helped ‘‘shepherd’’ hun- proximately $950 million in direct in- Lexington and the surrounding area as dreds of millions of infrastructure and vestment and almost 4,000 new jobs for a deacon at St. Paul Catholic Church business investments dollars into Mis- the people of Mississippi. These num- in Lexington. bers do not include the countless spin- sissippi. Born in Jackson, TN, on January 3, offs and suppliers which have been Angel looked beyond constituent 1939, Mr. Fister moved to Kentucky needed for such a massive undertaking. complaints and appropriation issues, when he was about 4 years old and that were important, and also devoted Nissan’s positive ripple effect on the lived the rest of his life in the Com- time to a much larger problem area, Mississippi economy will be felt for monwealth. He graduated from Lex- the root of many of the constituent decades to come. ington Catholic High School in 1956. challenges. She helped create a long Finally, let me mention Angel’s in- Following graduation, he joined the term program for economic develop- strumental role in securing millions of U.S. Army and served until 1958. He ment and creating transportation, dollars for Mississippi transportation then studied business at the University communication, technology infrastruc- projects such as the Canal Road Con- of Kentucky and later attended Thom- ture solutions for Mississippi. She en- nector, improving Mississippi’s for- sured that these projects, both big and mula for receipt of highway funds, and as More College in preparation for the small, were both sustainable and for retaining existing jobs at the Bab- diaconate. He earned a BA degree in or- cordinated with the State government. cock & Wilcox plant in West Point, MS. ganizational management from Mid- She ensured that no corner of the State These are just a few of the things way College, graduating with Summa was ignored and she was always look- that Angel Campbell has been involved Cum Laude honors in 1998. ing for ways to leverage an idea into with during her tenure with me. I know Mr. Fister was a member of the Lex- reinforcing the existing economic de- everyone will miss seeing Angel on a ington Board of Realtors and worked velopment aspects of Mississippi’s mar- regular basis and I will miss her work, for Smith Realty Group before his ketplace. This was especially chal- her spunk and her good cheer and passing. He was also an independent lenging because of the dynamics of the humor. She has been a valuable asset sales representative for Unishippers. A State, but because Angel was trusted to me and trusted advisor. Everyone in civic-oriented individual, Mr. Fister the office benefited from her energy by numerous local officials and she got was president of the Jaycees and had and enjoyed her company. it done. In this capacity she made been active in the Knights of Colum- It saddens me to see Angel depart my many lasting tangible contributions bus. that ‘‘will positively affect Mississippi staff, yet I fully understand the prior- for decades to come. There are many ities of her family. I respect her desire Mr. Fister is survived by his wife of Mississippians who have jobs because to watch her children grow. Her hus- 45 years, Nancy Jo Hostetter, and his of her vision and stick-to-it-ness. band and children have many reasons five children, all of Lexington; his four It is simply not possible to point out to be proud of her work her in the Sen- siblings; eight grandchildren; and two all of the contributions Angel made to ate for nearly a decade. She made a sisters-in-law.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6221 Today I ask my colleagues to join me that Major League Baseball and other with the pain and consequences of hun- in expressing our sympathy to the fam- professional leagues are more con- ger. Approximately 36 million Ameri- ily and friends of the late Louis Ed- cerned with protecting their own col- cans, including 13 million children, are ward ‘‘Spanky’’ Fister. He will be lective bargaining rights than doing ‘‘food insecure’’—quite simply inad- missed. the right thing. equately nourished. f Unfortunately, the abuse of illegal Hunger may be more subtler in its steroids by professional athletes is manifestations and effects than mal- PULMONARY FIBROSIS something we can no longer ignore. nutrition but it relentlessly under- FOUNDATION Steroid use is now affecting the most mines health, and it compromises one’s Mr. DURBIN. Mr. President, I rise to impressionable and vulnerable among ability to do well in school or on the speak today in order to recognize the us. The most recent studies indicate job. Inadequate nutrition in children fifth anniversary of the Pulmonary Fi- that as many as 5 percent to 7 percent correlates with anemia, stunted brosis Foundation. This foundation, of students, even as young as middle growth, weight loss and extreme fa- headquartered in Chicago, strives to school, have admitted to using illegal tigue. Studies done by the highly re- educate, advocate, and fund research steroids. Clearly we must act to curb spected Center on Hunger, Poverty and on pulmonary fibrosis, a terminal lung this growing problem. Nutrition Policy at Tufts University disease. Every day, millions of young people show that inadequate nutrition can ad- A few weeks ago, the Daily Herald, a dream of one day playing in the big versely affect a child’s achievement in newspaper based in Arlington Heights, leagues. When superstar athletes, with school. Hunger also can cause severe Illinois, published a story about the their multimillion-dollar contracts and anxiety and depression. Lukasik family. John A. Lukasik died lucrative endorsements are seen using Although Congress has taken meas- at the age of 58, just 9 weeks after he steroids to improve their performance, ures to prevent hunger and food insecu- was diagnosed with pulmonary fibrosis. it should not be surprising that many rity, much remains to be done. Feder- Mr. Lukasik and his family didn’t young athletes would want to use ally funded programs like the Food know anyone with the disease, or what steroids to improve their own perform- Stamp Program and the Supplemental to expect from it. After Mr. Lukasik ance. Nutrition Program for Women, Infants passed away, his daughter Jennifer Professional athletes must be held to and Children, commonly referred to as Bulandr helped organize support groups a higher standard when it comes to il- the WIC program, provide assistance to and joined the Pulmonary Fibrosis legal substances such as steroids. Like low-income children by improving ac- Foundation as director of community it or not, young people look up to pro- cess to nutritional meals. It is there- relations. Mrs. Bulandr wanted to be a fessional athletes as role models. The fore deeply regrettable that the Presi- part of the solution in helping those Clean Sports Act will require all pro- dent’s 2006 budget has made it more with pulmonary fibrosis. The Pul- fessional sports leagues to adopt a uni- difficult for low-income families to re- monary Fibrosis Foundation has pro- fied standard for testing as well as ceive nutritional assistance. The White vided a channel for her—and many oth- tougher penalties for an athlete found House’s budget request for the Food ers—to reach this goal. in violation of these standards. Unlike Stamp Program amounts to a stag- Since the formation of the Pul- testing today, this act will require ath- gering cut of more than $500 million monary Fibrosis Foundation in 2000, it letes to test during the off-season and over 5 years by forcing over 300,000 low- has succeeded in raising crucial funds frequently during their season of play. income participants out of a program to research a disease that kills approxi- Athletes will face severe penalties for a that acts as a crucial safety net for mately 40,000 people annually. While positive test: 2-year ban for the first of- millions of Americans. Substantial the progression of the disease, along fense and a lifetime ban for the second. cuts to the WIC program would result with factors relating to its origin, are I have little doubt that this will go a in 670,000 women and children losing not fully understood, there are a vari- long way to rid professional sports of important nutritional assistance by ety of causes—inhaled environmental these dangerous substances and bring the year 2010. It is deeply regrettable and occupational pollutants, certain integrity back to the game. We must that the Budget conference report ap- medications or drugs, genetics, and send a strong message to professional proved by the Congress mandates a therapeutic radiation contribute to the athletes. If you choose to cheat and use mandatory cut of $3 billion in agri- progression of the disease. illegal steroids, you risk ending your culture appropriations, leaving Food Pulmonary fibrosis has a number of career. In turn, our young people will Stamps and other domestic hunger-re- effects on people. It causes shortness of hopefully get the message that using lief programs vulnerable. breath, discomfort in the chest, and fa- steroids to improve athletic perform- At a time when more families are tigue. Once scar tissue is formed on the ance is absolutely the wrong way to go. forced to struggle with unemployment lungs, it cannot be removed. Although While this bill specifically addresses and low wages, a lack of affordable medication can limit the inflammation professional athletics, the importance housing, rising health care costs, and of the lungs caused by pulmonary fi- of stopping steroid abuse extends well the disappearance of hard-earned pen- brosis, there is no cure. beyond the track, baseball diamond, or sions, National Hunger Day serves to The foundation is dedicated to find- football field. We must continue to remind us of the need to vanquish hun- ing a cure and raising awareness about focus on the health and future of our ger; in this prosperous Nation, there is pulmonary fibrosis. It seeks to improve children. I encourage my colleagues to no reason why millions of Americans quality of life for the people affected join in support of this legislation to set should have to face the prospect of by the disease through support services the standard for fair competition. hunger, or watch their children go hun- for patients and their families. f gry. The conference report on the fiscal It is my pleasure to congratulate the year 2006 budget resolution Budget con- NATIONAL HUNGER AWARENESS Pulmonary Fibrosis Foundation on the ference report is a callous response to DAY occasion of its fifth anniversary and to an urgent challenge, and National Hun- commend the foundation for its efforts Mr. SARBANES. Mr. President, yes- ger Awareness Day is a time to pledge to find a cure and help those who suffer terday was National Hunger Awareness that we will not rest until the chal- from this devastating illness. Day. Second Harvest, the lead sponsor lenge is met. f of the June 7 observance, has per- f formed an important public service in CLEAN SPORTS ACT OF 2005 challenging us to reflect on the very LOCAL LAW ENFORCEMENT Mr. GRASSLEY. Mr. President, real problem of hunger in America. I ENHANCEMENT ACT OF 2005 today I am pleased to join my col- commend Second Harvest and all the Mr. SMITH. Mr. President, I rise leagues Senator MCCAIN and Senator sponsoring organizations for their ef- today to speak about the need for hate STEVENS, to cosponsor the Clean Sports forts. crimes legislation. Each Congress, Sen- Act of 2005. While I regret that we have Our Nation has enormous wealth, and ator KENNEDY and I introduce hate had to come to this point, it is clear yet far too many Americans must deal crimes legislation that would add new

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6222 CONGRESSIONAL RECORD — SENATE June 8, 2005 categories to current hate crimes law, Griswold v. Connecticut marked a Business Champion of the Year; and sending a signal that violence of any major turning point for generations of Linda Ingold of the Vermont Women’s kind is unacceptable in our society. women. For the first time, the Su- Business Center, Women in Business Likewise, at each Congress I have come preme Court recognized that women Champion of the Year. to the floor to highlight a separate have the fundamental right to make I would like to take a moment to hate crime that has occurred in our their own, private decisions about fam- draw special attention to my friend country. ily planning. The decision paved the Oliver Gardner, the 2005 Vermont A 25-year-old gay man was physically way for widespread access to contra- Small Business Person of the Year. His assaulted by a group of white males ception that has dramatically reduced Four Seasons Garden Center in last year in Ohio. The victim was fol- unintended pregnancies, STDs, and Williston is one of Vermont’s great lowed from a well-known Columbus gay abortions, and opened the door of op- small business success stories, built on bar after the bar closed. The victim portunity for women to educational Yankee determination and responsible was dragged from his car, severely and career advancement that has made business practices. Gardner was se- beaten and later found by the Colum- women a critical part of our workforce. lected for outstanding leadership re- bus Police Department several blocks However, we still have significant work lated to his company’s staying power, from his car. to do. The United States has one of the employee growth, increase in sales, in- I believe that the government’s first highest rates of unintended preg- novative ingenuity, response to adver- duty is to defend its citizens, to defend nancies and STDs among industrialized sity, and contributions to the commu- them against the harms that come out nations, and too many women do not nity. of hate. The Local Law Enforcement have access to basic preventive health Following Gardner’s purchase of Enhancement Act is a symbol that can care while the ranks of uninsured Four Seasons in 1978, the company has become substance. I believe that by Americans continue to grow. seen steady growth. Employee numbers passing this legislation and changing As we commemorate the Griswold de- have risen from 50 to 98 during peak current law, we can change hearts and cision, it is critical that we keep tak- season, and annual revenues have in- minds as well. ing steps forward to reduce the number creased from $800,000 in 1977, to $4 mil- f of unintended pregnancies and improve lion, as of October 2004. Now, Four Sea- access to women’s health care. There- sons is considered one of Vermont’s RECOGNIZING DR. JAMES fore, I have introduced legislation, the largest local gardening resources. SCHLESINGER Prevention First Act, which would im- When Gardner learned of the imminent Mr. KYL. Mr. President, the George prove women’s health, reduce the rate arrival of Home Depot and Wal-Mart C. Marshall Institute will honor Dr. of unintended pregnancies, and prevent back in 1994, he implemented a dy- James Schlesinger on June 16 with its abortions. The legislation takes com- namic plan to boost Four Seasons’ Founders Award, which is given annu- mon sense steps towards strengthening competitive edge. The business ex- ally in recognition of distinguished access to contraception for women panded and relocated to a 10-acre lot contributions to science and public pol- while also reducing health care costs less than a mile from the big-box stores icy. This year’s award acknowledges borne by taxpayers and employers. in Williston. The plan was a stellar Dr. Schlesinger’s stellar career in pub- We should all be able to agree that success and promoted increased sales lic service. reducing the number of unintended at a time when many independent gar- James Schlesinger served three presi- pregnancies and improving access to den centers were closing due to pres- dents as Director of the Central Intel- women’s health care should be a pri- sure from chain store giants. ligence Agency, Secretary of Defense, ority. I will continue to fight for the Despite a progressive, 20-year spinal and Secretary of Energy. His career Prevention First bill so that we can cord disease that restricts his mobility, has been a model of dedication to pub- keep building on the progress of Gris- Gardner has demonstrated extraor- lic service, and has been marked by his wold v. Connecticut for generations to dinary determination, persistence, and intelligence, integrity, and commit- come. creativity. Also exceptional is Gard- ment to our Nation’s well being. We f ner’s commitment to his goals for so- continue to benefit from his wisdom, 2005 VERMONT SBA AWARDS cial and environmental responsibility strength of character, and willingness in business. Four Seasons promotes to contribute when called. Mr. LEAHY. Mr. President, today I gardening programs for the entire fam- Dr. Schlesinger’s insight and exper- call to the attention of the Senate sev- ily and offers free access to its new fa- tise—both during and after his time in eral successful Vermont businesses cility to all organizations interested in government—have been instrumental being honored this year by the Small gardening and a healthy environment. in winning key policy battles. For ex- Business Administration, SBA. An out- I congratulate Oliver and all of the ample, his active role in the national standing group of Vermonters are 2005 winners, who are accepting their debate over the Comprehensive Test being awarded 2005 Vermont Small prestigious awards today in Bur- Ban Treaty aided those Senators, my- Business Champion Awards, and the lington, for jobs well done. self included, who argued strongly that prestigious Vermont Small Business f ratifying the treaty would lead to the Person of the Year Award is being decline of our nuclear weapons infra- awarded to the owner and president of ADDITIONAL STATEMENTS structure and would damage U.S. na- Four Seasons Garden Center, Oliver tional security interests. There is no Gardner. doubt that Dr. Schlesinger’s stature It is a great pleasure to recognize the SALUTE TO PORTLAND and contribution were instrumental in enterprises and business leaders who TRANSMISSION WAREHOUSE bringing about the treaty’s defeat. will receive Vermont Small Business ∑ Mr. SMITH. Mr. President, as some- Since that time, I have continued to Champion Awards: Karen and Brian one who has been involved in family- regularly consult with him on the fu- Zecchinelli of the Wayside Restaurant, owned business for many years, I know ture of our nuclear capability and Family-Owned Business of the Year; the hard work and sacrifice it takes to other issues. Indeed, Dr. Schlesinger’s Emily Kaminsky of Community Cap- make such a business a success. I also advice on a broad range of key national ital of Central Vermont, Financial know that small businesses are the security issues has been invaluable; I Services Champion of the Year; Jean backbone of the American economy am grateful for his counsel. Elizabeth Temple of Jean Elizabeth’s and the economy of Oregon. I am very The Marshall Institute should be Soap Company, Home-Based Business proud today to salute an Oregon small commended for recognizing a true na- Champion of the Year; Paula Cope of business which has achieved some na- tional treasure, Dr. James Schlesinger. Cope & Associates, Small Business tional recognition. Portland Trans- Mrs. CLINTON. Mr. President, I am Woman of the Year; Claudia Clark of mission Warehouse was recently hon- pleased today to note the anniversary Moosewood Hollow, Vermont Microen- ored with the ‘‘National Family Busi- of the Griswold v. Connecticut Su- terprise of the Year; Edward Walbridge ness of the Year’’ award for companies preme Court decision. of Walbridge Electric, Veteran Small with 50 or fewer employees.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6223 Portland Transmission Warehouse Mr. Hays, one of its reading clerks, an- EXECUTIVE AND OTHER was founded in 1943, when Gene Brad- nounced that the House has passed the COMMUNICATIONS shaw fulfilled his dream of opening an following bill, in which it requests the The following communications were automobile repair business. John Brad- concurrence of the Senate: laid before the Senate, together with shaw—Gene’s son—joined his father in H.R. 1490. An act to amend title 10, United accompanying papers, reports, and doc- the business upon graduating from col- States Code, to authorize the National De- uments, and were referred as indicated: lege in 1964. Ross Bradshaw—John’s fense University to award the degree of Mas- EC–2471. A communication from the Chief son—continued the family legacy when ter of Science in Joint Campaign Planning and Strategy, and for other purposes. Justice, Supreme Court of the United States, he joined the business in 1991. Under transmitting, pursuant to law, the report of the leadership of three generations of The message also announced that the the Proceedings of the Judicial Conference of Bradshaw family members, Portland House has agreed to the following con- the United States for the March and Sep- Transmission Warehouse now boasts 20 current resolution, in which it requests tember 2004 sessions; to the Committee on employees, and has earned a reputation the concurrence of the Senate: the Judiciary. for outstanding customer service and H. Con. Res. 44. A concurrent resolution EC–2472. A communication from the Presi- for outstanding service to the commu- recognizing the historical significance of the dent, American Academy of Arts and Let- nity. Mexican holiday of Cinco de Mayo. ters, transmitting, pursuant to law, the re- For nearly a quarter of a century, port of activities during the year ending De- The message further announced that cember 31, 2003; to the Committee on the Ju- Portland Transmission Warehouse has pursuant to section 301 of the Congres- diciary. sponsored a neighborhood car show as a sional Accountability Act of 1995 (2 EC–2473. A communication from the Sec- thank you to customers and the com- U.S.C. 1381), amended by Public Law retary, Judicial Conference of the United munity. Over the years, the show has 108–329, and the order of the House of States, transmitting, the report of a draft grown from 28 cars to over 500 cars. January 4, 2005, the Speaker and Mi- bill entitled ‘‘Federal Courts Improvement Act of 2005’’ received on June 6, 2005; to the The Bradshaw family has also under- nority Leader of the House of Rep- stood that their employees are really Committee on the Judiciary. resentatives and the Majority and Mi- EC–2474. A communication from the Dep- part of their extended family. Portland nority Leaders of the Senate jointly re- Transmission Warehouse is hailed by uty Assistant Administrator, Office of Diver- designate on May 26, 2005 the following sion Control, Drug Enforcement Agency, De- employees as a business that has individual as Chairman of the Board of partment of Justice, transmitting, pursuant helped some of them through some dif- Directors of the Office of Compliance: to law, the report of a rule entitled ‘‘Pre- ficult times. It is no wonder that the Ms. Susan S. Robfogel of Rochester, venting the Accumulation of Surplus Con- average tenure of Portland Trans- New York. trolled Substances at Long Term Care Fa- mission Warehouse employees is 14 cilities’’ (RIN1117–AA75) received on June 3, The message also announced that years. 2005; to the Committee on the Judiciary. It was Ronald Reagan who put it best pursuant to section 301 of the Congres- EC–2475. A communication from the Pro- when he said, ‘‘When you’re talking sional Accountability Act of 1995 (2 gram Manager, Bureau of Alcohol, Tobacco, about the strength and character of U.S.C. 1381), amended by Public Law Firearms and Explosives, Department of Jus- America, you’re talking about the 108–392, and the order of the House of tice, transmitting, pursuant to law, the re- January 4, 2005, the Speaker and Mi- port of a rule entitled ‘‘Identification Mark- small business community, about the ings Placed on Imported Explosive Materials owners of that store down the street, nority Leader of the House of Rep- resentatives and the Majority and Mi- and Miscellaneous Amendments’’ (RIN1140– the faithful who support their churches AA02) received on June 1, 2005; to the Com- and defend their freedom, and all the nority Leaders of the Senate jointly re- mittee on the Judiciary. brave men and women who are not appoint on May 26, 2005 the following EC–2476. A communication from the Dep- afraid to take risks and invest in the individuals to a 5-year term to the uty Assistant Attorney General, Office of future to build a better America.’’ Board of Directors of the Office of Legal Policy, Department of Justice, trans- I know John Bradshaw and am proud Compliance: Ms. Barbara L. Camens of mitting, pursuant to law, the report of a rule entitled ‘‘Inspection of Records Relating to to call him a friend. I also know that Washington, D.C., and Ms. Roberta L. Holzwarth of Rockford, Illinois. Depiction of Sexually Explicit Perform- he and his family are living proof of ances’’ (CRM 103; AG Order No. 2765–2005) re- the truth of President Reagan’s words. f ceived on June 1, 2005; to the Committee on They are the strength and character of ENROLLED BILL SIGNED the Judiciary. America. I salute three generations of EC–2477. A communication from the Com- the Bradshaw family for the risks they The message further announced that missioner, Social Security Administration, have taken, for the example they have the Speaker of the House of Represent- transmitting, pursuant to law, the 2005 An- set, and for the difference they have atives has signed the following enrolled nual Report of the Supplemental Security bill: Income Program; to the Committee on Fi- made. They are truly worthy of rec- nance. H.R. 1760 An act to designate the facility of ognition as the National Family Busi- EC–2478. A communication from the Regu- the United States Postal Service located at ness of the Year.∑ lations Coordinator, Centers for Medicare 215 Martin Luther King, Jr. Boulevard in and Medicaid Services, Department of f Madison, Wisconsin, as the ‘‘Robert M. Health and Human Services, transmitting, LaFollette, Sr. Post Office Building’’. MESSAGES FROM THE PRESIDENT pursuant to law, the report of a rule entitled Messages from the President of the The enrolled bill was signed subse- ‘‘Medicare Program; Electronic Submission United States were communicated to quently by the President pro tempore of Cost Reports: Revision to Effective Date the Senate by Ms. Evans, one of his (Mr. STEVENS). of Cost Reporting Period’’ (RIN0938–AN87) re- secretaries. ceived on May 31, 2005; to the Committee on f Finance. f MEASURES REFERRED EC–2479. A communication from the Acting EXECUTIVE MESSAGES REFERRED Chief, Publications and Regulations Branch, The following bill was read the first Internal Revenue Service, Department of the As in executive session the Presiding and the second times by unanimous Treasury, transmitting, pursuant to law, the Officer laid before the Senate messages consent, and referred as indicated: report of a rule entitled ‘‘Announcement and from the President of the United H.R. 1490. An act to amend title 10, United Report Concerning Pre-Filing Agreements’’ States submitting sundry nominations States Code, to authorize the National De- (Announcement 2005–42) received on June 6, which were referred to the appropriate fense University to award the degree of Mas- 2005; to the Committee on Finance. committees. ter of Science in Joint Campaign Planning EC–2480. A communication from the Acting (The nominations received today are and Strategy, and for other purposes; to the Chief, Publications and Regulations Branch, printed at the end of the Senate pro- Committee on Armed Services. Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the ceedings.) The following concurrent resolution report of a rule entitled ‘‘Deductions for En- f was read, and referred as indicated: tertainment Use of Business Aircraft’’ (No- MESSAGES FROM THE HOUSE H. Con. Res. 44. Concurrent resolution rec- tice 2005–45) received on June 1, 2005; to the ognizing the historical significance of the Committee on Finance. At 2:56 p.m., a message from the Mexican holiday of Cinco de Mayo; to the EC–2481. A communication from the Acting House of Representatives, delivered by Committee on the Judiciary. Chief, Publications and Regulations Branch,

VerDate Aug 31 2005 05:57 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S08JN5.REC S08JN5 hmoore on PROD1PC68 with CONG-REC-ONLINE S6224 CONGRESSIONAL RECORD — SENATE June 8, 2005 Internal Revenue Service, Department of the EC–2491. A communication from the Presi- the insignia of the grade of lieutenant gen- Treasury, transmitting, pursuant to law, the dent of the United States of America, trans- eral; to the Committee on Armed Services. report of a rule entitled ‘‘Coordinated Issue: mitting, pursuant to law, a report relative to EC–2504. A communication from the Prin- Abandonment Losses for Intangible Assets’’ the export to the People’s Republic of China cipal Deputy, Office of the Under Secretary (UIL: 165.13–00) received on June 1, 2005; to of items not detrimental to the United of Defense for Personnel and Readiness, De- the Committee on Finance. States space launch industry; to the Com- partment of Defense, transmitting, pursuant EC–2482. A communication from the Acting mittee on Foreign Relations. to law, the authorization of the wearing of Chief, Publications and Regulations Branch, EC–2492. A communication from the Sec- the insignia of the grade of lieutenant gen- Internal Revenue Service, Department of the retary of State, transmitting, pursuant to eral; to the Committee on Armed Services. Treasury, transmitting, pursuant to law, the law, a report entitled ‘‘Authorization for Use EC–2505. A communication from the Assist- report of a rule entitled ‘‘Coordinated Issue: of Military Force Against Iraq Resolution of ant Secretary, Fish and Wildlife and Parks, Like-Kind Exchanges Involving Federal 2002 (February 15, 2005–April 15, 2005)’’; to the Department of the Interior, transmitting, Communications Commission Licenses’’ Committee on Foreign Relations. the report of a draft bill entitled ‘‘George (UIL: 1031.02–00) received on June 1, 2005; to EC–2493. A communication from the Acting Washington Memorial Parkway Boundary the Committee on Finance. Deputy Secretary of Defense (Legislative Af- Revision Act’’ received on June 3, 2005; to the EC–2483. A communication from the Acting fairs), transmitting, pursuant to law, a re- Committee on Environment and Public Chief, Publications and Regulations Branch, port on the military operations of the Armed Works. Internal Revenue Service, Department of the Forces and the reconstruction activities of EC–2506. A communication from the Ad- Treasury, transmitting, pursuant to law, the the Department of Defense in Iraq and Af- ministrator, Environmental Protection report of a rule entitled ‘‘Applicable Federal ghanistan for the period ending April 30, Agency, transmitting, pursuant to law, the Rates—June 2005’’ (Rev. Rul. 2005–32) re- 2005; to the Committee on Armed Services. Agency’s biennial report on the status and ceived on June 1, 2005; to the Committee on EC–2494. A communication from the Dep- effectiveness of the Coastal Wetlands Con- Finance. uty Assistant Secretary of the Army (Infra- servation Plan for the State of Louisiana to EC–2484. A communication from the Acting structure Analysis), Department of Defense, Administrator, Agriculture Marketing Serv- the Committee on Environment and Public transmitting, pursuant to law, a report rel- Works. ice, Department of Agriculture, transmit- ative to the Defense Base Closure and Re- ting, pursuant to law, the report of a rule en- EC–2507. A communication from the Acting alignment Act of 1990, as amended; to the Director, Office of Congressional Affairs, Nu- titled ‘‘Milk in the Upper Midwest Mar- Committee on Armed Services. keting Area—Interim Order’’ (DA–04–03A; clear Regulatory Commission, transmitting, EC–2495. A communication from the Dep- pursuant to law, the report of a rule entitled AO–361–A39) received on June 2, 2005; to the uty Secretary of Defense transmitting, pur- Committee on Agriculture, Nutrition, and ‘‘Export and Import of Nuclear Equipment suant to law, a report entitled ‘‘Ground and Material; Exports to Syria Embargoed’’ Forestry. Force Equipment Repair, Replacement, and EC–2485. A communication from the Acting (RIN3150–AH67) received on June 3, 2005; to Recapitalization Requirements Resulting Administrator, Agriculture Marketing Serv- the Committee on Environment and Public from Sustained Combat Operations’’; to the ice, Department of Agriculture, transmit- Works. Committee on Armed Services. ting, pursuant to law, the report of a rule en- EC–2508. A communication from the Prin- EC–2496. A communication from the Acting titled ‘‘Revision of User Fees for 2005 Crop cipal Deputy Associate Administrator, Office Undersecretary of Defense (Comptroller), Cotton Classification Services to Growers’’ of Policy, Economics, and Innovation, Envi- transmitting, pursuant to law, a report rel- ((RIN0581–AC43) (Docket No.: CN–05–001)) re- ronmental Protection Agency, transmitting, ative to advance billing in the month of ceived on June 2, 2005; to the Committee on pursuant to law, the report of a rule entitled April, 2005; to the Committee on Armed Agriculture, Nutrition, and Forestry. ‘‘Correction to Preamble; Revision of Decem- Services. EC–2486. A communication from the Prin- ber 2000 Regulatory Finding on the Emis- EC–2497. A communication from the Under cipal Deputy Associate Administrator, Office sions of Hazardous Air Pollutants from Elec- Secretary of Defense, Acquisition, Tech- of Policy, Economics, and Innovation, Envi- tric Utility Steam Generating Units and the nology and Logistics, transmitting, pursuant ronmental Protection Agency, transmitting, Removal of Coal- and Oil-Fired Electric Util- to law, the Annual Report on the Depart- pursuant to law, the report of a rule entitled ity Steam Generating Units from the Sec- ment of Defense Mentor-Protege Program for ‘‘Updating Generic Pesticide Chemical Toler- tion 112 (c) List’’ (FRL No. 7921–5) received Fiscal Year 2004; to the Committee on Armed ance Regulations’’ (FRL No. 7706–9) received on June 6, 2005; to the Committee on Envi- Services. on June 6, 2005; to the Committee on Agri- ronment and Public Works. culture, Nutrition, and Forestry EC–2498. A communication from the Under Secretary of Defense, Acquisition, Tech- EC–2509. A communication from the Prin- EC–2487. A communication from the Direc- cipal Deputy Associate Administrator, Office tor, Legislative Affairs Staff, Financial As- nology, and Logistics, transmitting, pursu- ant to law, a report relative to the Defense of Policy, Economics, and Innovation, Envi- sistance Programs Division, Department of ronmental Protection Agency, transmitting, Agriculture, transmitting, pursuant to law, Base Closure and Realignment Act of 1990, as amended; to the Committee on Armed Serv- pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Conservation ‘‘Arizona SIP: Revisions to the Arizona Security Program, Interim Final Rule with ices. EC–2499. A communication from the Acting State Implementation Plan, Maricopa Coun- Request for Comments’’ (RIN0578–AA36) re- ty Environmental Services Department’’ ceived on June 1, 2005; to the Committee on Assistant Secretary for Legislative Affairs, Department of State, transmitting, pursuant (FRL No. 7912–4) received on June 6, 2005; to Agriculture, Nutrition, and Forestry. the Committee on Environment and Public EC–2488. A communication from the Acting to the Arms Export Control Act, the certifi- Works. Assistant Secretary, Legislative Affairs, De- cation of a proposed license for the export of partment of State, transmitting, pursuant to defense articles or defense services sold com- EC–2510. A communication from the Prin- the Arms Export Control Act, a certification mercially under contract in the amount of cipal Deputy Associate Administrator, Office regarding the proposed transfer of major de- $100,000,000 or more to Australia; to the Com- of Policy, Economics, and Innovation, Envi- fense equipment valued (in terms of its origi- mittee on Armed Services. ronmental Protection Agency, transmitting, nal acquisition cost) at $14,000,000 or more EC–2500. A communication from the Under pursuant to law, the report of a rule entitled from the Government of the Australia to L– Secretary of Defense, Personnel and Readi- ‘‘Louisiana Final Authorization of State 3 MAS, a Canadian private entity; to the ness, Department of Defense, transmitting, Hazardous Waste Management Program Re- Committee on Foreign Relations. the report of a retirement; to the Committee visions’’ (FRL No. 7922–8) received on June 6, EC–2489. A communication from the Acting on Armed Services. 2005; to the Committee on Environment and Assistant Secretary, Legislative Affairs, De- EC–2501. A communication from the Prin- Public Works. partment of State, transmitting, pursuant to cipal Deputy, Office of the Under Secretary EC–2511. A communication from the Prin- law, a report relative to extending the of Defense for Personnel and Readiness, De- cipal Deputy Associate Administrator, Office ‘‘Memorandum of Understanding Between partment of Defense, transmitting, pursuant of Policy, Economics, and Innovation, Envi- the Government of the United States of to law, the authorization of the wearing of ronmental Protection Agency, transmitting, America and the Government of the Republic the insignia of the grade of admiral; to the pursuant to law, the report of a rule entitled of El Salvador Concerning the Imposition of Committee on Armed Services. ‘‘WEST VIRGINIA SIP. New Manchester- Import Restrictions on Certain Categories of EC–2502. A communication from the Prin- Grant Magisterial District SO2 Nonattain- Archaeological Material from the Pre- cipal Deputy, Office of the Under Secretary ment Area and Approval of the Maintenance hispanic Cultures of the Republic of El Sal- of Defense for Personnel and Readiness, De- Plan’’ (FRL No. 7922–1) received on June 6, vador’’; to the Committee on Foreign Rela- partment of Defense, transmitting, pursuant 2005; to the Committee on Environment and tions. to law, the authorization of the wearing of Public Works. EC–2490. A communication from the Assist- the insignia of the grade of general; to the EC–2512. A communication from the Prin- ant Legal Adviser for Treaty Affairs, Depart- Committee on Armed Services. cipal Deputy Associate Administrator, Office ment of State, transmitting, pursuant to the EC–2503. A communication from the Prin- of Policy, Economics, and Innovation, Envi- Case-Zablocki Act, 1 U.S.C. 112b, the report cipal Deputy, Office of the Under Secretary ronmental Protection Agency, transmitting, of the texts and background statements of of Defense for Personnel and Readiness, De- pursuant to law, the report of a rule entitled international agreements, other than trea- partment of Defense, transmitting, pursuant ‘‘Control of Air Pollution from New Motor ties; to the Committee on Foreign Relations. to law, the authorization of the wearing of Vehicles: In-use, Not-to-Exceed Emission

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6225 Standard Testing for Heavy-duty Diesel En- S. 1204. A bill to encourage students to pur- (Ms. STABENOW) was added as a cospon- gines and Vehicles’’ (FRL No. 7922–4) re- sue graduate education and to assist stu- sor of S. 471, a bill to amend the Public ceived on June 6, 2005; to the Committee on dents in affording graduate education; to the Health Service Act to provide for Environment and Public Works. Committee on Finance. human embryonic stem cell research. By Mr. INHOFE: f S. 1205. A bill to require a study of the ef- S. 521 INTRODUCTION OF BILLS AND fects on disadvantaged individuals of actions At the request of Mrs. HUTCHISON, the JOINT RESOLUTIONS by utilities intended to reduce carbon diox- name of the Senator from Rhode Island ide emissions, and for other purposes; to the (Mr. REED) was added as a cosponsor of The following bills and joint resolu- Committee on Energy and Natural Re- tions were introduced, read the first sources. S. 521, a bill to amend the Public Health Service Act to direct the Sec- and second times by unanimous con- f sent, and referred as indicated: retary of Health and Human Services SUBMISSION OF CONCURRENT AND to establish, promote, and support a By Mr. OBAMA: SENATE RESOLUTIONS S. 1194. A bill to direct the Nuclear Regu- comprehensive prevention, research, latory Commission to establish guidelines The following concurrent resolutions and medical management referral pro- and procedures for tracking, controlling, and and Senate resolutions were read, and gram for hepatitis C virus infection. accounting for individual spent fuel rods and referred (or acted upon), as indicated: S. 582 segments; to the Committee on Environment By Mr. DOMENICI (for himself, Mr. At the request of Mr. PRYOR, the and Public Works. SALAZAR, Mr. MARTINEZ, and Mr. names of the Senator from Rhode Is- By Mr. STEVENS (for himself and Mr. BINGAMAN): land (Mr. REED) and the Senator from INOUYE) (by request): S. Res. 163. A resolution designating June Florida (Mr. MARTINEZ) were added as S. 1195. A bill to provide the necessary au- 5 through June 11, 2005, as ‘‘National His- thority to the Secretary of Commerce for the panic Media Week’’, in honor of the Hispanic cosponsors of S. 582, a bill to require establishment and implementation of a regu- Media of America; considered and agreed to. the Secretary of the Treasury to mint latory system for offshore aquaculture in the By Mr. COCHRAN (for himself and Mr. coins in commemoration of the 50th United States Exclusive Economic Zone, and BYRD): anniversary of the desegregation of the for other purposes; to the Committee on S. Res. 164. A resolution authorizing the Little Rock Central High School in Commerce, Science, and Transportation. printing with illustrations of a document en- Little Rock, Arkansas, and for other By Mr. CORZINE (for himself and Mr. titled ‘‘Committee on Appropriations, United purposes. LAUTENBERG): States Senate, 138th Anniversary. 1867–2005’’; S. 1196. A bill to provide for disclosure of considered and agreed to. S. 628 fire safety standards and measures with re- f At the request of Mr. LUGAR, the spect to campus buildings, and for other pur- name of the Senator from Vermont poses; to the Committee on Health, Edu- ADDITIONAL COSPONSORS (Mr. JEFFORDS) was added as a cospon- cation, Labor, and Pensions. S. 21 sor of S. 628, a bill to provide for in- By Mr. BIDEN (for himself, Mr. HATCH, At the request of Ms. COLLINS, the Mr. SPECTER, Mr. LEAHY, Mr. creased planning and funding for DEWINE, Mr. KOHL, Mr. GRASSLEY, name of the Senator from New Mexico health promotion programs of the De- Mr. KENNEDY, Mrs. BOXER, Ms. STA- (Mr. DOMENICI) was added as a cospon- partment of Health and Human Serv- BENOW, Mr. SCHUMER, and Mrs. MUR- sor of S. 21, a bill to provide for home- ices. RAY): land security grant coordination and S. 635 S. 1197. A bill to reauthorize the Violence simplification, and for other purposes. At the request of Mr. SANTORUM, the Against Women Act of 1994; to the Com- S. 94 mittee on the Judiciary. name of the Senator from Mississippi At the request of Mr. LUGAR, the (Mr. COCHRAN) was added as a cospon- By Ms. STABENOW (for herself and name of the Senator from Alaska (Ms. Mr. LEVIN): sor of S. 635, a bill to amend title XVIII S. 1198. A bill to amend the Solid Waste MURKOWSKI) was added as a cosponsor of the Social Security Act to improve Disposal Act to authorize States to restrict of S. 94, a bill to amend the Internal the benefits under the medicare pro- receipt of foreign municipal solid waste, to Revenue Code of 1986 to provide for a gram for beneficiaries with kidney dis- implement the Agreement Concerning the charitable deduction for contributions ease, and for other purposes. Transboundary Movement of Hazardous of food inventory. S. 665 Waste between the United States and Can- S. 172 At the request of Mr. DORGAN, the ada, and for other purposes; to the Com- At the request of Mr. DEWINE, the mittee on Environment and Public Works. name of the Senator from Ohio (Mr. name of the Senator from North Da- By Mr. BURNS: kota (Mr. CONRAD) was added as a co- VOINOVICH) was added as a cosponsor of S. 1199. A bill to amend title II of the So- sponsor of S. 665, a bill to reauthorize cial Security Act to shorten the waiting pe- S. 172, a bill to amend the Federal Food, Drug, and Cosmetic Act to pro- and improve the Spark M. Matsunaga riod for social security disability benefits for Hydrogen Research, Development, and individuals with mesothelioma; to the Com- vide for the regulation of all contact mittee on Finance. lenses as medical devices, and for other Demonstration Act of 1990 to establish By Mr. BUNNING (for himself, Mr. purposes. a program to commercialize hydrogen and fuel cell technology, and for other TALENT, Mr. CHAMBLISS, Mr. DEMINT, S. 340 and Mr. LOTT): purposes. At the request of Mr. LUGAR, the S. 1200. A bill to amend the Internal Rev- S. 681 enue Code of 1986 to reduce the depreciation name of the Senator from Florida (Mr. At the request of Mr. HATCH, the recovery period for certain roof systems; to NELSON) was added as a cosponsor of S. the Committee on Finance. 340, a bill to maintain the free flow of name of the Senator from Vermont By Mr. CORNYN: information to the public by providing (Mr. JEFFORDS) was added as a cospon- S. 1201. A bill to prevent certain discrimi- conditions for the federally compelled sor of S. 681, a bill to amend the Public natory taxation of natural gas pipeline prop- disclosure of information by certain Health Service Act to establish a Na- erty; to the Committee on Finance. persons connected with the news tional Cord Blood Stem Cell Bank Net- By Mr. ALLARD: media. work to prepare, store, and distribute S. 1202. A bill to provide environmental as- S. 441 human umbilical cord blood stem cells sistance to non-Federal interests in the for the treatment of patients and to State of Colorado; to the Committee on En- At the request of Mr. SANTORUM, the vironment and Public Works. names of the Senator from New York support peer-reviewed research using By Mr. HAGEL (for himself, Mr. (Mr. SCHUMER) and the Senator from such cells. PRYOR, Mr. ALEXANDER, Mr. CRAIG, Florida (Mr. MARTINEZ) were added as S. 689 Mrs. DOLE, and Ms. MURKOWSKI): cosponsors of S. 441, a bill to amend the At the request of Mr. DOMENICI, the S. 1203. A bill to amend the Internal Rev- Internal Revenue Code of 1986 to make name of the Senator from North Da- enue Code of 1986 to provide tax incentives permanent the classification of a mo- kota (Mr. DORGAN) was added as a co- for the investment in greenhouse gas inten- sity reduction projects, and for other pur- torsports entertainment complex. sponsor of S. 689, a bill to amend the poses; to the Committee on Finance. S. 471 Safe Drinking Water Act to establish a By Mr. DODD (for himself, Mr. DURBIN, At the request of Mr. SPECTER, the program to provide assistance to small and Ms. STABENOW): name of the Senator from Michigan communities for use in carrying out

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6226 CONGRESSIONAL RECORD — SENATE June 8, 2005 projects and activities necessary to to health care for rural veterans, and (Ms. CANTWELL) was added as a cospon- achieve or maintain compliance with for other purposes. sor of S. 1134, a bill to express the sense drinking water standards. S. 1002 of Congress on women in combat. S. 713 At the request of Mr. BAUCUS, the S. 1152 At the request of Mr. ROBERTS, the name of the Senator from Washington At the request of Mr. KERRY, the name of the Senator from Virginia (Mr. (Ms. CANTWELL) was added as a cospon- names of the Senator from Washington ALLEN) was added as a cosponsor of S. sor of S. 1002, a bill to amend title (Mrs. MURRAY), the Senator from 713, a bill to amend the Internal Rev- XVIII of the Social Security Act to Rhode Island (Mr. REED) and the Sen- enue Code of 1986 to provide for colle- make improvements in payments to ator from Maryland (Mr. SARBANES) giate housing and infrastructure hospitals under the medicare program, were added as cosponsors of S. 1152, a grants. and for other purposes. bill to amend title XVIII of the Social S. 784 S. 1010 Security Act to eliminate discrimina- At the request of Mr. THOMAS, the At the request of Mr. SANTORUM, the tory copayment rates for outpatient name of the Senator from Vermont names of the Senator from Hawaii (Mr. psychiatric services under the Medi- (Mr. JEFFORDS) was added as a cospon- AKAKA) and the Senator from Ken- care Program. sor of S. 784, a bill to amend title XVIII tucky (Mr. BUNNING) were added as co- S. 1172 of the Social Security Act to provide sponsors of S. 1010, a bill to amend title At the request of Mr. SPECTER, the for the coverage of marriage and fam- XVIII of the Social Security Act to im- name of the Senator from Virginia (Mr. ily therapist services and mental prove patient access to, and utilization ALLEN) was added as a cosponsor of S. health counselor services under part B of, the colorectal cancer screening ben- 1172, a bill to provide for programs to of the medicare program, and for other efit under the Medicare Program. increase the awareness and knowledge purposes. S. 1064 of women and health care providers S. 843 At the request of Mr. COCHRAN, the with respect to gynecologic cancers. names of the Senator from Washington S. 1177 At the request of Mr. SANTORUM, the names of the Senator from Mississippi (Mrs. MURRAY), the Senator from New At the request of Mr. AKAKA, the Jersey (Mr. LAUTENBERG), the Senator (Mr. COCHRAN) and the Senator from names of the Senator from Colorado from Arkansas (Mrs. LINCOLN) and the Hawaii (Mr. AKAKA) were added as co- (Mr. SALAZAR) and the Senator from Il- sponsors of S. 843, a bill to amend the Senator from New Jersey (Mr. CORZINE) linois (Mr. DURBIN) were added as co- Public Health Service Act to combat were added as cosponsors of S. 1064, a sponsors of S. 1177, a bill to improve autism through research, screening, bill to amend the Public Health Serv- mental health services at all facilities intervention and education. ice Act to improve stroke prevention, of the Department of Veterans Affairs. diagnosis, treatment, and rehabilita- S. 1181 S. 861 tion. At the request of Mr. CORNYN, the At the request of Mr. ISAKSON, the S. 1081 name of the Senator from Georgia (Mr. names of the Senator from North Da- At the request of Mr. KYL, the name ISAKSON) was added as a cosponsor of S. kota (Mr. DORGAN) and the Senator of the Senator from South Carolina 1181, a bill to ensure an open and delib- from Minnesota (Mr. COLEMAN) were (Mr. GRAHAM) was added as a cosponsor erate process in Congress by providing added as cosponsors of S. 861, a bill to of S. 1081, a bill to amend title XVIII of that any future legislation to establish amend the Internal Revenue Code of the Social Security Act to provide for a new exemption to section 552 of title 1986 to provide transition funding rules a minimum update for physicians’ serv- 5, United States Code (commonly re- for certain plans electing to cease fu- ices for 2006 and 2007. ferred to as the Freedom of Informa- ture benefit accruals, and for other S. 1103 tion Act) be stated explicitly within purposes. At the request of Mr. BAUCUS, the the text of the bill. S. 863 name of the Senator from Georgia (Mr. S. CON. RES. 37 At the request of Mr. CONRAD, the ISAKSON) was added as a cosponsor of S. At the request of Mr. DEWINE, the name of the Senator from North Caro- 1103, a bill to amend the Internal Rev- names of the Senator from Vermont lina (Mrs. DOLE) was added as a cospon- enue Code of 1986 to repeal the indi- (Mr. LEAHY), the Senator from Min- sor of S. 863, a bill to require the Sec- vidual alternative minimum tax. nesota (Mr. COLEMAN), the Senator retary of the Treasury to mint coins in S. 1112 from New Jersey (Mr. CORZINE), the commemoration of the centenary of At the request of Mr. BAUCUS, the Senator from Connecticut (Mr. DODD) the bestowal of the Nobel Peace Prize name of the Senator from West Vir- and the Senator from Wisconsin (Mr. on President Theodore Roosevelt, and ginia (Mr. BYRD) was added as a co- FEINGOLD) were added as cosponsors of for other purposes. sponsor of S. 1112, a bill to make per- S. Con. Res. 37, a concurrent resolution S. 936 manent the enhanced educational sav- honoring the life of Sister Dorothy At the request of Mr. LEAHY, the ings provisions for qualified tuition Stang. name of the Senator from Wisconsin programs enacted as part of the Eco- S. RES. 39 (Mr. FEINGOLD) was added as a cospon- nomic Growth and Tax Relief Rec- At the request of Ms. LANDRIEU, the sor of S. 936, a bill to ensure privacy for onciliation Act of 2001. names of the Senator from Washington e-mail communications. S. 1114 (Ms. CANTWELL), the Senator from S. 950 At the request of Mr. MCCAIN, the South Carolina (Mr. DEMINT) and the At the request of Mr. BROWNBACK, the name of the Senator from Iowa (Mr. Senator from New Mexico (Mr. DOMEN- name of the Senator from Oklahoma GRASSLEY) was added as a cosponsor of ICI) were added as cosponsors of S. Res. (Mr. COBURN) was added as a cosponsor S. 1114, a bill to establish minimum 39, a resolution apologizing to the vic- of S. 950, a bill to provide assistance to drug testing standards for major pro- tims of lynching and the descendants combat tuberculosis, malaria, and fessional sports leagues. of those victims for the failure of the other infectious diseases, and for other S. 1120 Senate to enact anti-lynching legisla- purposes. At the request of Mr. DURBIN, the tion. S. 963 names of the Senator from New Mexico S. RES. 134 At the request of Mr. THUNE, the (Mr. DOMENICI), the Senator from Con- At the request of Mr. SMITH, the name of the Senator from South Da- necticut (Mr. DODD) and the Senator names of the Senator from Utah (Mr. kota (Mr. JOHNSON) was added as a co- from Wisconsin (Mr. KOHL) were added HATCH), the Senator from Kansas (Mr. sponsor of S. 963, a bill to amend title as cosponsors of S. 1120, a bill to reduce BROWNBACK) and the Senator from Con- 38, United States Code, to provide for a hunger in the United States by half by necticut (Mr. LIEBERMAN) were added guaranteed adequate level of funding 2010, and for other purposes. as cosponsors of S. Res. 134, a resolu- for veterans’ health care, to direct the S. 1134 tion expressing the sense of the Senate Secretary of Veterans Affairs to con- At the request of Mrs. CLINTON, the regarding the massacre at Srebrenica duct a pilot program to improve access name of the Senator from Washington in July 1995.

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S. RES. 153 (1) a vet center, which shall provide read- (C) The community based outpatient clinic At the request of Mr. SESSIONS, the justment counseling and related mental in Kona, Hawaii. name of the Senator from Oregon (Mr. health services for veterans under section (D) The community based outpatient clinic WYDEN) was added as a cosponsor of S. 1712A of title 38, United States Code; and on the Island of Maui, Hawaii. Res. 153, a resolution expressing the (2) a community based outpatient clinic SEC. 5. MENTAL HEALTH CARE. (CBOC), which shall provide to veterans— (a) ESTABLISHMENT OF MENTAL HEALTH support of Congress for the observation (A) the medical services and other health- CENTER.—The Secretary of Veterans Affairs of the National Moment of Remem- care related services provided by community shall establish and operate in Hilo, Hawaii, brance at 3:00 p.m. local time on this based outpatient clinics operated by the De- at an appropriate location selected by the and every Memorial Day to acknowl- partment of Veterans Affairs; and Secretary, a new center for the provision of edge the sacrifices made on the behalf (B) such other care and services as the Sec- mental health care and services to veterans. of all Americans for the cause of lib- retary considers appropriate. (b) CARE AND TREATMENT AVAILABLE erty. (c) STAFFING AND OTHER RESOURCES.— THROUGH CENTER.—The mental health center (1) SATELLITE CLINICS.—(A) The staff of the established under subsection (a) shall pro- S. RES. 155 satellite clinics established under subsection vide the following: At the request of Mr. BIDEN, the (a)(1) shall be derived from staff of the vet (1) Day mental health care and treatment. names of the Senator from Arkansas center, and of the community based out- (2) Outpatient mental health care and (Mrs. LINCOLN), the Senator from New patient clinic, on the Island of Maui, Hawaii, treatment. Jersey (Mr. CORZINE), the Senator from who shall be assigned by the Secretary to (3) Such other mental health care and California (Mrs. BOXER), the Senator such satellite clinics under this section. In treatment as the Secretary considers appro- from Maryland (Ms. MIKULSKI), the making such assignments, the Secretary priate. may not reduce the size of the staff of the (c) STAFF.—The mental health center es- Senator from California (Mrs. FEIN- tablished under subsection (a) shall have as STEIN) and the Senator from Florida vet center, or of the community based out- patient clinic, on the Island of Maui below its staff a drug abuse counselor, a nurse (Mr. NELSON) were added as cosponsors its size as of the date of the enactment of practitioner, and such other staff as the Sec- retary considers appropriate for its activi- of S. Res. 155, a resolution designating this Act. ties. the week of November 6 through No- (B) Each satellite clinic established under vember 12, 2005, as ‘‘National Veterans subsection (a)(1) shall have a computer sys- SEC. 6. STUDY ON ACCESS TO SPECIALIZED CARE AND FEE-BASIS CARE. Awareness Week’’ to emphasize the tem of nature and quality equivalent to the (a) IN GENERAL.—The Secretary of Vet- need to develop educational programs computer systems of the community based erans Affairs shall carry out a study of the regarding the contributions of veterans outpatient clinics operated by the Depart- demand for, and access to, specialized care to the country. ment, including the capability to conduct and fee-basis care from the Department of medical tracking. f Veterans Affairs for veterans on the neigh- (C) Each satellite clinic established under bor islands of Hawaii, including whether or INTRODUCED BILLS subsection (a)(1) shall have appropriate tele- not the specialized care or fee-basis care, as medicine equipment. JUNE 7, 2005 the case may be, available to veterans from (2) MEDICAL CARE CLINIC.—The medical care By Mr. AKAKA: the Department on the neighbor islands is clinic established under subsection (a)(2) adequate to meet the demands of veterans S. 1176. A bill to improve the provi- shall have such staff as the Secretary con- for such care. sion of health care and services to vet- siders appropriate for its activities. (b) REPORT.—Not later than six months erans in Hawaii, and for other pur- (d) HOURS OF OPERATION.— after the date of the enactment of this Act, poses; to the Committee on Veterans’ (1) SATELLITE CLINICS.—Each satellite clin- the Secretary shall submit to the Commit- Affairs. ic established under subsection (a)(1) shall tees on Veterans’ Affairs of the Senate and S. 1176 have hours of operation each week deter- the House of Representatives a report on the mined by the Secretary. The number of study required by subsection (a). The report Be it enacted by the Senate and House of Rep- hours so determined for a week shall consist shall set forth the results of the study and resentatives of the United States of America in of a number of hours equivalent to not less include such recommendations for legisla- Congress assembled, than three working days in such week. tive or administrative action as the Sec- SECTION 1. SHORT TITLE. (2) MEDICAL CARE CLINIC.—The medical care retary considers appropriate in light of the This Act may be cited as the ‘‘Neighbor Is- clinic established under subsection (a)(2) study. lands Veterans Health Care Improvements shall have such hours of operation as the SEC. 7. CONSTRUCTION OF MENTAL HEALTH Act of 2005’’. Secretary considers appropriate for its ac- CENTER AT TRIPLER ARMY MED- SEC. 2. VET CENTER ENHANCEMENTS. tivities. ICAL CENTER, HAWAII. (a) ADDITIONAL COUNSELORS FOR CERTAIN (a) AUTHORIZATION OF MAJOR MEDICAL FA- SEC. 4. LONG-TERM CARE. CLINICS.—The Secretary of Veterans Affairs CILITY PROJECT.—The Secretary of Veterans shall assign an additional counselor to each (a) MEDICAL CARE FOSTER PROGRAM.—The Affairs may carry out a major medical facil- vet center as follows: Secretary of Veterans Affairs shall establish ity project for the construction of a mental (1) The vet center on the Island of Maui, and operate on the Island of Oahu, Hawaii, a health center at Tripler Army Medical Cen- Hawaii. medical care foster program. The program ter, Hawaii, in the amount of $10,000,000. (2) The vet center in Hilo, Hawaii. shall be established utilizing as a model the (b) AUTHORIZATION OF APPROPRIATIONS.— (b) ESTABLISHMENT OF NEW VET CENTER.— Medical Care Foster Program at the Center (1) IN GENERAL.—There is authorized to be The Secretary shall establish and operate a Arkansas Veterans Health Care System of appropriated to the Secretary of Veterans new vet center on the Island of Oahu, Ha- the Department of Veterans Affairs. Affairs for fiscal year 2006 for the Construc- waii, at a location to be selected by the Sec- (b) ADDITIONAL CLINICAL STAFF FOR NON-IN- tion, Major Projects, account, $10,000,000 for retary. STITUTIONAL LONG-TERM CARE.— the project authorized by subsection (a). (c) VET CENTER DEFINED.—In this section, (1) ASSIGNMENT OF STAFF.—The Secretary (2) LIMITATION.—The project authorized by the term ‘‘vet center’’ means a center for the shall assign to the community based out- subsection (a) may only be carried out provision of readjustment counseling and re- patient clinics (CBOCs) of the Department of using— lated mental health services for veterans Veterans Affairs referred to in paragraph (2) (A) funds appropriated for fiscal year 2006 under section 1712A of title 38, United States such additional clinical staff as the Sec- pursuant to the authorization of appropria- Code. retary considers appropriate in order to en- tions in paragraph (1); SEC. 3. HEALTH CARE CLINICS. sure that such clinics provide non-institu- (B) funds appropriated for Construction, (a) ESTABLISHMENT OF CLINICS.— tional long-term care for veterans in accord- Major Projects, for a fiscal year before fiscal (1) SATELLITE CLINICS.—The Secretary of ance with the provisions of subtitle A of title year 2006 that remain available for obliga- Veterans Affairs shall establish and operate I of the Veterans Millennium Health Care tion; and a satellite health care clinic at a location se- and Benefits Act (Public Law 106–117) and (C) funds appropriated for Construction, lected by the Secretary on each island as fol- the amendments made by such provisions. Major Projects, for fiscal year 2006 for a cat- lows: Such additional clinical staff shall include a egory of activity not specific to a project. (A) The Island of Lanai, Hawaii. home health nurse. (c) FACILITIES.—The facilities at the men- (B) The Island of Molokai, Hawaii. (2) COVERED COMMUNITY BASED OUTPATIENT tal health center authorized to be con- (2) MEDICAL CARE CLINIC.—The Secretary CLINICS.—The community based outpatient structed by subsection (a) shall include resi- may establish and operate a medical care clinics referred to in this paragraph are the dential rehabilitation beds for patients with clinic at a location selected by the Secretary community based outpatient clinics as fol- Post Traumatic Stress Disorder (PTSD) and on the west side of the Island of Kauai, Ha- lows: such other facilities as the Secretary con- waii. (A) The community based outpatient clinic siders appropriate. (b) ELEMENTS OF SATELLITE CLINICS.—Each in Hilo, Hawaii. SEC. 8. FUNDING. satellite clinic established under subsection (B) The community based outpatient clinic (a) AUTHORIZATION OF APPROPRIATIONS.— (a)(1) shall include— on the Island of Kauai, Hawaii. There is authorized to be appropriated to the

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6228 CONGRESSIONAL RECORD — SENATE June 8, 2005 Secretary of Veterans Affairs for fiscal year their spent fuel or how they must con- 2005’’, a bill to provide the regulatory 2006 such sums as may be necessary to carry trol, store, and account for loose spent framework for the development of out sections 2 through 6. fuel rods and fragments. NRC also does aquaculture in the United States Ex- (b) AVAILABILITY.—Amounts appropriated not conduct routine inspections to clusive Economic Zone (EEZ). Concur- pursuant to the authorization of appropria- tions in subsection (a) shall be available only monitor compliance with regulations rently, we have introduced an amend- to carry out sections 2 through 6. relating to spent fuel. ment to this bill to allow coastal (c) CONSTRUCTION WITH OTHER FUNDING FOR As a result of its investigation, GAO States to decide whether or not they HEALTH CARE FOR VETERANS IN HAWAII.—It is made a series of recommendations for want offshore aquaculture in the EEZ the sense of Congress that the amount au- how NRC should improve its regulation off that State’s coastline. We are co- thorized to be appropriated by subsection (a) and oversight. My bill—the Spent Nu- sponsoring Senator SNOWE’s amend- for fiscal year 2006 should— clear Fuel Tracking and Account- ment to strike the Jones Act waiver (1) supplement amounts authorized to be ability Act—would implement those for vessels supporting offshore aqua- appropriated to the Secretary of Veterans Affairs for that fiscal year for health care for recommendations and require NRC to culture facilities contained in the Ad- veterans in Hawaii for activities other than establish: 1. specific and uniform guide- ministration’s bill. I am also a cospon- those specified in sections 2 through 6; and lines for tracking, controlling, and ac- sor of Senator INOUYE’s amendment to (2) not result in any reduction in the counting for spent fuel rods or seg- better clarify language that environ- amount that would have been appropriated ments; and 2. uniform inspection proce- mental protections apply. As we review to the Secretary of Veterans Affairs for that dures to verify compliance with these the Administration’s measure in detail, fiscal year for health care for veterans in Ha- guidelines. Within six months, NRC there may be additional amendments waii for such activities had the amount in would be required to report to Congress offered to this bill and I look forward subsection (a) not been authorized to be ap- propriated. on its progress in establishing these to working with my colleagues to ad- guidelines. dress any concerns with the legisla- f Tracking spent nuclear material used tion. STATEMENTS ON INTRODUCED in the United States is just as impor- BILLS AND JOINT RESOLUTIONS tant as tracking spent nuclear mate- By Mr. CORZINE (for himself and rial in the former Soviet Union. This is Mr. LAUTENBERG): By Mr. OBAMA: a common-sense solution to an impor- S. 1196. A bill to provide for disclo- S. 1194. A bill to direct the Nuclear tant problem. sure of fire safety standards and meas- Regulatory Commission to establish I urge my colleagues to support this ures with respect to campus buildings, guidelines and procedures for tracking, measure. and for other purposes; to the Com- controlling, and accounting for indi- I ask unanimous consent that the mittee on Health, Education, Labor, vidual spent fuel rods and segments; to text of the bill be printed in the and Pensions. the Committee on Environment and RECORD. Mr. CORZINE. Mr. President, I rise Public Works. There being no objection, the bill was today to introduce the ‘‘Campus Fire Mr. OBAMA. Mr. President, today I ordered to be printed in the RECORD, as Safety Right-to-Know Act of 2005’’. I introduce a bill that is long overdue follows: first introduced this legislation in the and would require American nuclear S. 1194 l07th Congress in response to a tragic power plants to follow the same proce- fire at New Jersey’s Seton Hall Univer- dures that we would like to impose on Be it enacted by the Senate and House of Rep- resentatives of the United States of America in sity that claimed the lives of three stu- nuclear power plants in other coun- Congress assembled, dents and injured more than fifty oth- tries. SECTION 1. SHORT TITLE. ers. This legislation is designed to curb Each year, the Nation’s nuclear This Act may be cited as the ‘‘Spent Nu- the epidemic of dangerous college cam- power plants produce over 2,000 metric clear Fuel Tracking and Accountability pus fires. tons of spent fuel, which is the used Act’’. Since the Seton Hall fire, campus fuel that is periodically removed from SEC. 2. SPENT FUEL RODS. fires have continued to take the lives nuclear reactors. According to the Gov- (a) GUIDELINES.—Not later than 260 days of our college students and their fami- ernment Accountability Office, GAO, after the date of enactment of this Act, the lies. According to the Center for Cam- spent nuclear fuel is ‘‘one of the most Nuclear Regulatory Commission shall estab- pus Fire Safety, more than 75 fire-re- hazardous materials made by humans.’’ lish— lated deaths have occurred in student Within minutes, the intense radiation (1) specific and uniform guidelines for housing at colleges across the country in the fuel can kill a person without tracking, controlling, and accounting for in- since January of 2000. Campus fires dividual spent fuel rods or segments at nu- protective shielding; in smaller doses, clear power plants, including procedures for have claimed lives in nearly half the the fuel can cause cancer. conducting physical inventories; and States of this Nation, from New Jersey In the hands of terrorists, such high- (2) uniform inspection procedures to verify to Texas, Indiana to Pennsylvania, and ly radioactive materials, when coupled any action taken by a nuclear power plant to Ohio to right here in Washington, DC. with conventional explosives, could be implement those guidelines. This legislation will finally bring to turned into a dirty bomb that could (b) REPORT.—Not later than 180 days after light the extent of this tragic danger pose a critical threat to public safety. the date of enactment of this Act, the Nu- facing our Nation’s best and brightest. In April of this year, GAO issued a clear Regulatory Commission shall submit The ‘‘Campus Fire Safety Right-to- to Congress a report describing the progress report concluding that ‘‘[n]uclear of the Nuclear Regulatory Commission in es- Know Act’’ requires disclosure of fire power plants’ performance in control- tablishing the guidelines under subsection safety information on campuses as well ling and accounting for spent nuclear (a). as a report from the Secretary of Edu- fuel has been uneven.’’ In recent years, cation to Congress on the depth of the three U.S. nuclear power plants—Mill- By Mr. STEVENS (for himself and problem and possible solutions. The stone, Vermont Yankee, and Humboldt Mr. INOUYE) (by request): bill implements the same procedure Bay—have reported missing spent fuel. S. 1195. A bill to provide the nec- that requires schools to disclose crime The Millstone fuel was never located, essary authority to the Secretary of statistics and other safety information. the Vermont Yankee fuel was located Commerce for the establishment and While the bill does not mandate col- three months later in a different loca- implementation of a regulatory system leges to upgrade their systems, it does tion, and the Nuclear Regulatory Com- for offshore aquaculture in the United offer a powerful incentive for them to mission (NRC) is still investigating the States Exclusive Economic Zone, and do so by providing prospective students missing Humboldt Bay fuel. In all for other purposes; to the Committee and their parents the opportunity to three cases, the missing spent fuel had on Commerce, Science, and Transpor- review and compare the quality and been contained in loose fuel rods or tation. record of fire safety protections at all fuel rod segments. Mr. STEVENS. Mr. President, by re- colleges and universities. Currently, NRC provides little or no quest of the Administration, Senator Only 35 percent of university-spon- guidance on how nuclear power plants INOUYE and I introduce today the ‘‘Na- sored student housing that suffer fires should conduct physical inventories of tional Offshore Aquaculture Act of are equipped with sprinkler systems.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6229 Each year, approximately 1,600 fires ‘‘(E) Information about fire safety edu- participating in programs under title IV of break out in dormitories, fraternity cation and training provided to students, the Higher Education Act of 1965 (20 U.S.C. and sorority houses, and other housing faculty, and staff. 1070 et seq.), including sprinkler systems; controlled by student groups. Parents ‘‘(F) Information concerning fire safety at (2) an analysis of the appropriate fire safe- any housing facility owned or controlled by ty standards to apply to such facilities, and students deserve to know what a fraternity, sorority, or student group that which the Secretary shall prepare after con- steps their school has taken to prevent is recognized by the institution, including— sultation with such fire safety experts, rep- and prepare for these harmful and ‘‘(i) information reported to the institution resentatives of institutions of higher edu- often fatal catastrophes. under paragraph (4); and cation, and other Federal agencies as the The ‘‘Campus Fire Safety Right-to- ‘‘(ii) a statement concerning whether and Secretary, in the Secretary’s discretion, con- Know Act’’ will put important fire how the institution works with recognized siders appropriate; student fraternities and sororities, and other safety information in the hands of stu- (3) an estimate of the cost of bringing all recognized student groups owning or control- nonconforming such facilities up to current dents and their parents who entrust ling housing facilities, to make building and building codes; and their children to our Nation’s colleges property owned or controlled by such frater- (4) recommendations from the Secretary and universities. I believe this bill will nities, sororities, and groups more fire safe. concerning the best means of meeting fire make important strides in the effort to ‘‘(2) FRATERNITIES, SORORITIES, AND OTHER safety standards in all such facilities, includ- make our college campuses safer and I GROUPS.—Each institution participating in a ing recommendations for methods to fund urge my colleagues to support it. program under this title shall request each such cost. fraternity and sorority that is recognized by I ask unanimous consent that the the institution, and any other student group text of the bill be printed in the By Mr. BIDEN (for himself, Mr. that is recognized by the institution and HATCH, Mr. SPECTER, Mr. RECORD. that owns or controls housing facilities, to LEAHY, Mr. DEWINE, Mr. KOHL, There being no objection, the bill was collect and report to the institution the in- Mr. GRASSLEY, Mr. KENNEDY, ordered to be printed in the RECORD, as formation described in subparagraphs (A) Mrs. BOXER, Ms. STABENOW, Mr. follows: through (E) of paragraph (1), as applied to the fraternity, sorority, or recognized stu- SCHUMER, and Mrs. MURRAY): S. 1196 dent group, respectively, for each building S. 1197. A bill to reauthorize the Vio- Be it enacted by the Senate and House of Rep- and property owned or controlled by the fra- lence Against Women Act of 1994; to resentatives of the United States of America in ternity, sorority, or group, respectively. the Committee on the Judiciary. Congress assembled, ‘‘(3) CURRENT INFORMATION TO CAMPUS COM- Mr. BIDEN. Mr. President, I am SECTION 1. SHORT TITLE. MUNITY.—Each institution participating in pleased to announce today the intro- any program under this title shall make, This Act may be cited as the ‘‘Campus Fire duction of the Biden/Hatch/Specter Vi- Safety Right-to-Know Act of 2005’’. keep, and maintain a log, written in a form that can be easily understood, recording all olence Against Women Act of 2005. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS on-campus fires, including the nature, date, Many in this chamber are well aware BUILDINGS. time, and general location of each fire and that I consider the Violence Against Section 485 of the Higher Education Act of all false fire alarms. All entries that are re- 1965 (20 U.S.C. 1092) is amended— Women Act the single most significant quired pursuant to this paragraph shall, ex- (1) in subsection (a)(1)— legislation that I’ve crafted during my cept where disclosure of such information is (A) by striking ‘‘and’’ at the end of sub- 32–year tenure in the Senate. This law prohibited by law, be open to public inspec- paragraph (N); is my baby, so to speak, and I take tion, and each such institution shall make (B) by striking the period at the end of annual reports to the campus community on very seriously my responsibilities to subparagraph (O) and inserting ‘‘; and’’; and such fires and false fire alarms in a manner ensure that it is adequately funded and (C) by adding at the end the following new that will aid the prevention of similar occur- renewed. What was once an infant stat- subparagraph: rences. ute seeking legitimacy in the public ‘‘(P) the fire safety report prepared by the ‘‘(4) REPORTS TO THE SECRETARY.—On an institution pursuant to subsection (h).’’; and eye and in the halls of government is annual basis, each institution participating (2) by adding at the end the following new now a feisty ten-year law that has in any program under this title shall submit subsection: made its presence known from Long to the Secretary a copy of the statistics re- Beach, CA to Dover, DE. But in Sep- ‘‘(h) DISCLOSURE OF FIRE SAFETY STAND- quired to be made available under paragraph ARDS AND MEASURES.— (1)(B). The Secretary shall— tember 2005, the Act will expire. Con- ‘‘(1) ANNUAL FIRE SAFETY REPORTS RE- ‘‘(A) review such statistics; gress and the President must act QUIRED.—Each institution participating in ‘‘(B) make copies of the statistics sub- quickly in the next three months to any program under this title shall, beginning mitted to the Secretary available to the pub- renew the backbone of our country’s in the first academic year that begins after lic; and the date of enactment of the Campus Fire fight to end domestic violence and sex- ‘‘(C) in coordination with nationally recog- ual assault, the Violence Against Safety Right-to-Know Act of 2005, and each nized fire organizations and representatives year thereafter, prepare, publish, and dis- Women Act. We simply cannot let the of institutions of higher education, identify Act lapse or become buried in partisan tribute, through appropriate publications exemplary fire safety policies, procedures, (including the Internet) or mailings, to all and practices and disseminate information bickering. current students and employees, and to any concerning those policies, procedures, and The enactment of the Violence applicant for enrollment or employment practices that have proven effective in the Against Women Act in 1994 was the be- upon request, an annual fire safety report. reduction of campus fires. ginning of a national and historic com- Such reports shall contain at least the fol- ‘‘(5) RULE OF CONSTRUCTION.—Nothing in mitment to women and children vic- lowing information with respect to the cam- this subsection shall be construed to author- timized by domestic violence and sex- pus fire safety practices and standards of ize the Secretary to require particular poli- that institution: ual assault. Thus far, our commitment cies, procedures, or practices by institutions has yielded extraordinary progress. ‘‘(A) A statement that identifies each in- of higher education with respect to fire safe- stitution owned or controlled student hous- ty. Since the Act’s passage, domestic vio- ing facility, and whether or not such facility ‘‘(6) DEFINITIONS.—In this subsection, the lence has dropped by almost 50 percent. is equipped with a fire sprinkler system or term ‘campus’ has the meaning provided in Incidents of rape are down by 60 per- other fire safety system, or has fire escape subsection (f)(6).’’. cent. The number of women killed by planning or protocols. SEC. 3. REPORT TO CONGRESS BY THE SEC- an abusive husband or boyfriend is ‘‘(B) Statistics for each such facility con- RETARY OF EDUCATION. cerning the occurrence of fires and false down by 22 percent. More than half of (a) DEFINITION OF FACILITY.—In this sec- all rape victims are stepping forward to alarms in such facility, during the 2 pre- tion the term ‘‘facility’’ means a student ceding calendar years for which data are housing facility owned or controlled by an report the crime. Over a million available. institution of higher education, or a housing women have found justice in our court- ‘‘(C) For each such occurrence in each such facility owned or controlled by a fraternity, rooms and obtained domestic violence facility, a summary of the human injuries or sorority, or student group that is recognized protective orders. deaths, structural or property damage, or by the institution. The Violence Against Women Act combination thereof. (b) REPORT.—Within two years after the provides critical resources so that our ‘‘(D) Information regarding rules on port- date of enactment of this Act, the Secretary able electrical appliances, smoking and open of Education shall prepare and submit to the communities may implement big and flames (such as candles), regular mandatory Congress a report containing— small improvements that can make all supervised fire drills, and planned and future (1) an analysis of the current status of fire the difference in the world. For in- improvements in fire safety. safety systems in facilities of institutions stance, in my home State of Delaware,

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6230 CONGRESSIONAL RECORD — SENATE June 8, 2005 the Act’s rural grant program helped We’ve found a winning combination, strategies to children are keys to end- the Delaware State Police establish and Congress should continue to spend ing the violence. Title III includes fully-equipped, dedicated domestic vio- its money so effectively. measures to: 1. Promote collaboration lence units in two counties. The STOP Third, today’s bill is an ambitious, between domestic violence experts and program provided a Hispanic shelter but reasoned, effort to solve the next child welfare agencies; and 2. enhance with funding to purchase a van to pick level of challenges for battered women to $15 million a year, grants to reduce up battered women and their children and their children. We’ve made tremen- violence against women on college who have nowhere else to turn. dous strides in treating domestic vio- campuses. Title IV focuses on preven- Today, we uphold our commitment to lence and sexual assaults as public tion strategies and includes programs America’s families. Despite the incred- crimes with accountable offenders and supporting home visitations and spe- ible strides made, far too many women creating coordinated community re- cifically engaging men and boys in ef- remain afraid to go home or afraid to sponses to help victims. Our next task forts to end domestic and sexual vio- tell anyone about the rape that hap- is to look beyond the immediate crisis lence. pened at last night’s party. We cannot and provide long-term solutions for Doctors and nurses, like police offi- let the Violence Against Women Act victims, as well as redouble our preven- cers on the beat, are often the first wit- become a victim of its own success. In- tion efforts. Therefore, this bill in- nesses of the devastating aftermath of stead, we need to usher the Act into cludes important efforts to ease the abuse. As first responders, they must the 21st century and implement it with housing crisis for victims fleeing their be fully engaged in the effort to end the next generation—recent police homes, provide more economic security the violence and possess the tools they academy graduates who want to be for victims by preserving their employ- need to faithfully screen, treat, and trained on handling family violence, ment stability, engage boys and men in study family violence. Title V newly elected State legislators who initiatives to prevent domestic vio- strengthens the health care system’s response to family violence with pro- want to update State laws on sexual lence from occurring in the first place, grams to train and educate health care assault, and the next generation of and enlist the healthcare community professionals on domestic and sexual children who must be taught that in identifying and treating victims. violence, foster family violence screen- abuse will not be tolerated. My final principle is that ending vio- ing for patients, and more studies on Today’s achievement—introduction lence against women is truly a shared the health ramifications of family vio- of a bipartisan, compromise bill that goal—one that is held by Democrats both reinvigorates existing programs lence. and Republicans, one that is upheld by In some instances, women face the and creates bold initiatives to tackle men and women, and one that is de- untenable choice of returning to their new issues—has been a year in the sired by both government and by the abuser or becoming homeless. Indeed, making. As I drafted this next private sector. The continued success 44 percent of the Nation’s mayors iden- iteration of the Violence Against of the Violence Against Women Act de- tified domestic violence as a primary Women Act, I listened closely to the pends upon bipartisanship commit- cause of homelessness. Efforts to ease recommendations of those on the front ment. the housing problems for battered lines to end the violence—police, emer- Today’s bill includes the following women are contained in Title VI, in- gency room nurses, victim advocates, components. Title I on the criminal cluding: 1. Collaborative grant pro- shelter directors, and prosecutors—and justice system includes provisions to: grams between domestic violence orga- made targeted improvements to exist- 1. Renew and increase funding to over nizations and housing providers; 2. pro- ing grant programs and tightened up $400 million a year for existing funda- grams to combat family violence in criminal laws. A wide variety of groups mental grant programs for law enforce- public and assisted housing; and 3. en- worked hard with Senator SPECTER, ment, lawyers, judges and advocates; 2. hancements to transitional housing re- Senator HATCH and I to create this bill, stiffen existing criminal penalties for sources. including the National Coalition repeat Federal domestic violence of- Leaving a violent partner often re- Against Domestic Violence, the Na- fenders; and 3. update the criminal law quires battered women to achieve a tional Network to End Domestic Vio- on stalking to incorporate new surveil- level of economic security. Title VII lence, the Family Violence Prevention lance technology like Global Posi- seeks to help abused women maintain Fund, Legal Momentum, the National tioning Systems (GPS). secure employment by permitting bat- Alliance to End Sexual Violence, the Title II on critical victim services tered women to take limited employ- National Center for Victims for Crime, will: 1. Create a new, dedicated grant ment leave to address domestic vio- the American Bar Association, the Na- program for sexual assault victims lence, such as attend court pro- tional District Attorneys Association, that will strengthen the 1,300 rape cri- ceedings, or move to a shelter. This is the National Council on Family and sis centers across the country; 2. rein- an issue long championed by the late Juvenile Court Judges, the National vigorate programs to help older and Senator Wellstone and Senator MUR- Association of Chiefs of Police, the Na- disabled victims of domestic violence; RAY, and I glad that we are able to in- tional Sheriffs’ Association and many 3. strengthen existing programs for clude this provision in today’s bill. others. rural victims and victims in under- Despite the historic immigration law Before previewing the particulars of served areas; and 4. increase funding to changes made in the Violence Against today’s bill, I want to explain a few of $5 million annually for the National Women Act of 2000 that opened new and my principles guiding the drafting of Domestic Violence Hotline. safe routes to immigration status, bat- the Violence Against Women Act of Reports indicate that up to ten mil- tered immigrant women often have a 2005. First, I remain dedicated to the lion children experience domestic vio- very difficult time escaping abuse be- cornerstone programs in the Act such lence in their homes each year. Experts cause of immigration laws, language as the STOP grant program, the Rural agree that domestic violence affects barriers, and social isolation. Title Grant program and the National Do- children in multiple, complicated and VIII’s immigration provisions go a long mestic Violence Hotline. These are long-lasting ways. Every risk, every in- way toward wresting immigration con- enormously successful initiatives that jury, and every disruption that a bat- trol away from the batterer and pave are the scaffolding of the Act. These tered woman endures is one that her the way for the victim to leave a vio- foundations must be strengthened, not children experiences as well. The com- lent home. In addition, it would ensure neglected. plex impact of domestic violence—fear that victims of trafficking are sup- Second, ending domestic violence and for one’s safety at home, depression, ported with measures such as permit- sexual assault has, and will continue to loss of income, moving from the family ting their families to join them in cer- cost money. This is simply not a goal home, school disruptions and grieving tain circumstances, expanding the du- that can be accomplished on the cheap. for a father—are complicated and trau- ration of a T-visa, and providing re- Our success in ending family violence matic for children. Treating children sources to victims who assist in inves- is not a signal to reduce funding; rath- who witness domestic violence, dealing tigations or prosecutions of trafficking er the opposite is so. We can’t afford to effectively with violent teenage rela- cases brought by State or Federal au- lose the gains that we have made. tionships and teaching prevention thorities.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6231 In an effort to focus more closely on non-fatal, violent incidents committed 2010, which is an increase of $15 million violence against Indian women, Title against victims by current and former per year. IX creates a new tribal Deputy Direc- spouses, boyfriends or girlfriends now The second grant program I authored tor in the Office on Violence Against termed intimate partners by DOJ—dur- that is included in VAWA 2005 is the Women dedicated to coordinating Fed- ing 2001. Eight-five percent of those in- Transitional Housing Assistance eral tribal policy. In addition, Title IX cidents were against women. The rate Grants for Victims of Domestic Vio- authorizes tribal governments to ac- of non-fatal intimate partner violence lence, Dating Violence, Sexual Assault cess and upload domestic violence and against women has fallen steadily since or Stalking. This program, which be- protection order data on criminal data- 1993, when the rate was 9.8 incidents came law as part of the Prosecutorial bases, as well as create tribal sex of- per 1,000 people. In 2001, the number fell Remedies and Other Tools to End the fender registries. to 5.0 incidents per 1,000 people, nearly Exploitation of Children Today, the I am proud to introduce with Sen- a 50 percent reduction. Tragically, PROTECT Act of 2003, authorizes ators HATCH and SPECTER this com- however, the survey found that 1,600 grants for transitional housing and re- prehensive bill to reauthorize the Vio- women were killed in 1976 by a current lated services for people fleeing domes- lence Against Women Act. I want to or former spouse or boyfriend, while in tic violence, sexual assault or stalkers. thank Senator HATCH, a longstanding 2000 some 1,247 women were killed by At a time when the availability of af- champion on this issue, for diligently their intimate partners. fordable housing has sunk to record working on this bill with Senator VAWA became law in 1994 and was re- lows, transitional housing for victims SPECTER and me. Since 1990, Senator authorized in 2000. It has provided aid is especially needed. Today more than HATCH and I have worked together to to law enforcement officers and pros- 50 percent of homeless individuals are end family violence in this country, so ecutors, encouraged arrest policies, it is no great surprise that once again women and children fleeing domestic stemmed domestic violence and child violence. We have a clear problem that he worked side-by-side with us to craft abuse, established training programs today’s bill. I am also deeply indebted is in dire need of a solution. I want this for victim advocates and counselors, program to be part of the solution. to Senator KENNEDY for his unwavering and trained probation and parole offi- commitment to battered immigrant Transitional housing allows women cers who work with released sex offend- to bridge the gap between leaving vio- women and his work on the bill’s immi- ers. This Congress we have the oppor- lence in their homes and becoming self- gration provisions. I also thank Sen- tunity to reauthorize VAWA and make sufficient. VAWA 2005 amends the ex- ator LEAHY who has long-supported the improvements to vital core programs, isting transitional housing program ad- Violence Against Women Act and in tighten criminal penalties against do- ministered by the Office on Violence particular, has worked on the rural mestic abusers, and create new solu- Against Women in the Department of programs and transitional housing pro- tions to challenges in other crucial as- visions. Finally, I thank my very good pects of domestic violence and sexual Justice. This section expands the cur- friend from Pennsylvania for his com- assault, such as treating children vic- rent direct-assistance grants to include mitment and leadership on this bill. It tims of violence, augmenting health funds for operational, capital and ren- is a pleasure to work with Senator care for rape victims, holding repeat ovation costs. Other changes include SPECTER. I know that he will adeptly offenders and Internet stalkers ac- providing services to victims of dating and expeditiously move the Violence countable, and helping domestic vio- violence, sexual assault and stalking; Against Women Act through his Com- lence victims keep their jobs. extending the length of time for re- mittee. I am particularly proud to note that ceipt of benefits to match that used by In closing, I urge my colleagues to included in VAWA 2005 are reauthoriza- Housing and Urban Development tran- review today’s Violence Against tions for two programs that I authored. sitional housing programs; and updat- Women Act of 2005 and add their sup- In a small, rural Sate like Vermont, ing the existing program to reflect the port. I understand that there are other our county and local law enforcement concerns of the service provision com- proposals that should be considered be- agencies rely on cooperative, inter- munity. The provision would increase fore the full Senate debates this legis- agency efforts to combat and solve sig- the authorized funding for the grant lation. Refinements will certainly be nificant problems. That is why I au- from $30,000,000 to $40,000,000. made to improve what is currently in thored the Rural Domestic Violence Now it is time to strengthen the pre- this bill. I welcome any suggestions and Child Victimization Enforcement vention of violence against women and that you may have, and look forward Grant Program as part of the original children and its devastating costs and to coming back to the floor to urge VAWA. This program helps services consequences. This legislation goes be- final passage of the Violence Against available to rural victims and children yond simple words of recognition and Women Act of 2005. by encouraging community involve- efforts to increase awareness of the Mr. LEAHY. Mr. President, I am ment in developing a coordinated re- problem of violence to save the lives of proud to join Senators BIDEN, HATCH, sponse to combat domestic violence, battered women, rape victims and chil- SPECTER and other cosponsors to intro- dating violence and child abuse. Ade- dren who grow up with violence. I look duce today the bipartisan VAWA, the quate resources combined with sus- forward to working further with fellow Violence Against Women Act of 2005. tained commitment will bring about Senators on VAWA 2005 and I urge the Our Nation has made remarkable Senate to take prompt action on this progress over the past 25 years in rec- significant improvements in rural areas to the lives of those victimized legislation. ognizing that domestic violence and Mr. KENNEDY. Mr. President, I sexual assault are crimes, providing by domestic and sexual violence. The Rural Grants Program section of strongly support the Violence Against legal remedies, social supports and co- VAWA 2005 reauthorizes and expands Women Act of 2005, and I commend ordinated community responses. Mil- Senator BIDEN, Senator SPECTER, and lions of women, men, children and fam- the existing education, training and Senator HATCH for their bipartisan ilies, however, continue to be trauma- services grant programs that address leadership on these major issues. tized by abuse, leading to increased violence against women in rural areas. Violence against women is a very rates of crime, violence and suffering. This provision renews the rural VAWA I witnessed the devastating effects of program, extends direct grants to state real and very serious continuing prob- domestic violence early in my career and local governments for services in lem in the United States. The statis- as the Vermont State’s Attorney for rural areas and expands areas to in- tics are shocking. Chittenden County. Violence and abuse clude community collaboration Every 15 seconds, somewhere in affect people of all walks of life every projects in rural areas and the creation America, a woman is battered, usually day and regardless of gender, race, cul- or expansion of additional victim serv- by her intimate partner. ture, age, class or sexuality. Such vio- ices. This provision includes new lan- Every 90 seconds, somewhere in lence is a crime and it is always wrong, guage that expands the program cov- America, someone is sexually as- whether the abuser is a family mem- erage to sexual assault, child sexual as- saulted. ber, someone the victim is dating, a sault and stalking. It also expands eli- On average, three women are mur- current or past spouse, boyfriend, or gibility from rural states to rural com- dered by their husbands or boyfriends girlfriend, an acquaintance or a strang- munities, increasing access to rural in America every day. er. sections of otherwise highly populated One out of every six American The National Crime Victimization states. This section authorizes women have been the victims of a rape Survey estimates there were 691,710 $55,000,000 annually for 2006 through in their lifetime.

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6232 CONGRESSIONAL RECORD — SENATE June 8, 2005 These statistics are not just num- communities, where victims often face since the summer of 2003 the number of bers. These violent acts are happening additional cultural, linguistic and im- trash trucks coming from Canada has to mothers, sisters, daughters, and migration barriers to seeking safety. jumped from 180 per day to about 415 friends. We cannot tolerate this vio- Abusers of immigrant spouses or chil- per day. The result is that Michigan is lence in our communities. dren are liable to use threats of depor- the third largest importer of trash out In 1994, Congress allocated funds to tation against them, trapping them in of all of the States in the Nation. initiate efforts to prevent violence endless years of violence. Many of us Not only does this waste dramati- against women and families. The pro- have heard horrific stories of violence cally decrease Michigan’s own landfill grams established under the Violence in cases where the threat of deporta- capacity, but it has a tremendous nega- Against Women Act, and later ex- tion was used against immigrant tive impact on Michigan’s environment panded and reauthorized in 2000, have spouses and children—‘‘If you leave me, and on the public health of its citizens. worked, and so will this legislation, be- I’ll report you to the immigration au- Canadian waste also hampers the effec- cause it takes needed additional steps thorities, and you’ll never see the chil- tiveness of Michigan’s state and local to prevent such violence. It enhances dren again.’’ Or the abuser says, ‘‘If recycling efforts, since Ontario does law enforcement and judicial proce- you tell the police what I did, I’ll have not have a bottle law requiring recy- dures to combat violence against immigration deport you.’’ cling. Trash trucks also present a secu- women, and it also reinvigorates pro- Congress has made significant rity risk at our Michigan-Canadian grams to help older and disabled vic- progress in enacting protections for border, since, by their nature, trucks tims of domestic violence. these immigrant victims, but there are full of garbage are harder for Customs Forty-four percent of the Nation’s still many women and children whose agents to inspect then traditional mayors identified domestic violence as lives are in danger. Our bill extends cargo. a primary cause of homelessness. This immigration relief to all victims of bill eases housing problems for bat- Michigan already has protections family violence, including victims of contained in an international agree- tered women. elder abuse, incest and stalking. It en- Victims of domestic violence need ment between the United States and sures economic security for immigrant time off from work to obtain medical Canada, but they are being ignored. victims and their children by providing attention, counseling, and other sup- Under the Agreement Concerning the work authorization for victims with port. This bill will provide that flexi- Transboundary Movement of Haz- valid immigration cases. It makes it bility. ardous Waste, which was entered into Doctors, nurses, and other health easier for victims of trafficking to ob- in 1986, shipments of waste across the professionals are often the first re- tain federal benefits if they assist in Canadian-U.S. border require govern- sponders for treating the injuries the investigation or prosecution of ment-to-government notification. The women suffer from domestic and sexual trafficking crimes. Environmental Protection Agency violence. It is essential for those who I commend the sponsors of this legis- (EPA) as the designated authority for help them to be able to respond effec- lation for working with us on this issue the United States would receive notifi- tively and compassionately. When and for making domestic violence in cation of a trash shipment and then health providers screen for domestic immigrant communities an important consent or object to the shipment with- violence and follow up on such cases, priority in our overall effort to combat in 30 days. Unfortunately, these notifi- women are more likely to be safer over violence against women. cation provisions have never been en- the long term. This bill includes new We have a responsibility in Congress forced by the EPA. funds for training health professionals to do all we can to eradicate domestic This legislation will give Michigan to recognize and respond to domestic violence. Our bill gives the safety of residents the protection they are enti- and sexual violence, and to enable pub- women and their families the high pri- tled to under this bilateral treaty. The lic health officials to recognize the ority it deserves, and I urge my col- bill would allow the State of Michigan need as well. The research funds pro- leagues to support it. to pass laws to stop the Canadian trash vided by this bill are vital because we shipments until the EPA finally en- By Ms. STABENOW (for herself need the best possible interventions in forces this treaty. Once the EPA begins and Mr. LEVIN): health care settings to prevent future S. 1198. A bill to amend the Solid enforcing the treaty, they would have violence and help the victims. Waste Disposal Act to authorize States to consider certain criteria when decid- Violence against women can occur ing whether to consent or object to a throughout women’s lives, beginning in to restrict receipt of foreign municipal solid waste, to implement the Agree- shipment, such as the State’s views on childhood, continuing in adolescence, the shipment, and the shipment’s im- and in numerous contexts and settings. ment Concerning the Transboundary Movement of Hazardous Waste between pact on landfill capacity, air emissions, It is important for any bill on such vio- public health, and the environment. lence to focus on girls and young the United States and Canada, and for other purposes; to the Committee on These waste shipments should no women as well, and this bill does that. longer be accepted without an exam- In 1994, we included an important in- Environment and Public Works. Ms. STABENOW. Mr. President, I ination of the impacts on the health novative provision in the bill to fund a and welfare of Michigan families. National Domestic Violence Hotline. rise today to introduce the Inter- national Solid Waste Importation and Michiganians and the Michigan Con- When the hotline opened in February gressional delegation are united in our 1996, victims of domestic violence Management Act. I want to thank Sen- ator Levin for cosponsoring this bill opposition to Canadian trash ship- across the nation finally had help ments. We have waged a continuous available toll-free, 24 hours a day, 365 and for his tireless work to stop Cana- battle to end trash importation and we days a year. This legislation increases dian trash imports into our State. The will continue to fight until we succeed. funding for that very important sup- purpose of our bill is to finally put an I urge my colleagues on the Senate En- port. end to the river of garbage flowing Another important section of the bill from Canada into Michigan’s landfills. vironment and Public Works Com- provides greater help to immigrant vic- Our legislation is a companion bill to mittee to take action on this crucial tims of domestic violence, sexual as- H.R. 2491 which is being voted on in the legislation as quickly as they can. sault, trafficking and similar offenses. Subcommittee on Environment and I ask unanimous consent that the This section builds on the current Act Hazardous Material of the House En- text of the bill be printed in the and is designed to remove the obstacles ergy and Commerce Committee today. RECORD. in immigration laws that prevent such I am extremely pleased that Congress There being no objection, the bill was victims from safely fleeing the violence is starting to take action on this crit- ordered to be printed in the RECORD, as in their lives, and to dispel the fear ical bill. follows: that often prevents them from pros- I cannot overstate the importance of S. 1198 ecuting their abusers. this legislation to Michigan. The num- Be it enacted by the Senate and House of Rep- Eliminating domestic violence is es- ber of trash trucks entering our State resentatives of the United States of America in pecially challenging in immigrant has continually increased. In fact, Congress assembled,

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6233 SECTION 1. SHORT TITLE. or an agent of the manufacturer for credit, ticle 3(c) of the Agreement, the Adminis- This Act may be cited as the ‘‘Inter- evaluation, and possible potential reuse; trator shall— national Solid Waste Importation and Man- ‘‘(v) solid waste that is— ‘‘(A) give substantial weight to the views agement Act of 2005’’. ‘‘(I) generated by an industrial facility; of each State into which the foreign munic- SEC. 2. CANADIAN MUNICIPAL SOLID WASTE. and ipal solid waste is to be imported, and con- (a) IN GENERAL.—Subtitle D of the Solid ‘‘(II) transported for the purpose of treat- sider the views of the local government with Waste Disposal Act (42 U.S.C. 6941 et seq.) is ment, storage, or disposal to a facility jurisdiction over the location at which the amended by adding at the end the following: (which facility is in compliance with applica- waste is to be disposed; ‘‘SEC. 4011. CANADIAN MUNICIPAL SOLID WASTE. ble State and local land use and zoning laws ‘‘(B) consider the impact of the importa- ‘‘(a) DEFINITIONS.—In this section: and regulations) or facility unit— tion on— ‘‘(1) AGREEMENT.—The term ‘Agreement’ ‘‘(aa) that is owned or operated by the gen- ‘‘(i) continued public support for and ad- means— erator of the waste; herence to State and local recycling pro- ‘‘(A) the Agreement Concerning the Trans- ‘‘(bb) that is located on property owned by grams; boundary Movement of Hazardous Waste be- the generator of the waste or a company ‘‘(ii) landfill capacity as provided in com- tween the United States and Canada, signed with which the generator is affiliated; or prehensive waste management plans; at Ottawa on October 28, 1986 (TIAS 11099) ‘‘(cc) the capacity of which is contrac- ‘‘(iii) air emissions from increased vehic- and amended on November 25, 1992; and tually dedicated exclusively to a specific ular traffic; and ‘‘(B) any regulations promulgated and or- generator; ‘‘(iv) road deterioration from increased ve- ders issued to implement and enforce that ‘‘(vi) medical waste that is segregated from hicular traffic; and Agreement. or not mixed with solid waste; ‘‘(C) consider the impact of the importa- ‘‘(2) FOREIGN MUNICIPAL SOLID WASTE.—The ‘‘(vii) sewage sludge or residuals from a tion on— term ‘foreign municipal solid waste’ means sewage treatment plant; ‘‘(i) homeland security; municipal solid waste that is generated out- ‘‘(viii) combustion ash generated by a re- ‘‘(ii) public health; and side of the United States. source recovery facility or municipal incin- ‘‘(iii) the environment. ‘‘(3) MUNICIPAL SOLID WASTE.— erator; or ‘‘(4) ACTIONS IN VIOLATION OF THE AGREE- ‘‘(A) IN GENERAL.—The term ‘municipal ‘‘(ix) waste from a manufacturing or proc- MENT.—No person shall import, transport, or solid waste’ means— essing (including pollution control) oper- export municipal solid waste for final dis- ‘‘(i) material discarded for disposal by— ation that is not essentially the same as posal or for incineration in violation of the ‘‘(I) households (including single and mul- waste normally generated by households. Agreement. tifamily residences); and ‘‘(b) MANAGEMENT OF FOREIGN MUNICIPAL ‘‘(d) COMPLIANCE ORDERS.— ‘‘(II) public lodgings such as hotels and mo- SOLID WASTE.— ‘‘(1) IN GENERAL.—If, on the basis of any in- tels; and ‘‘(1) STATE ACTION.— formation, the Administrator determines ‘‘(ii) material discarded for disposal that ‘‘(A) IN GENERAL.—Except as provided in that any person has violated or is in viola- was generated by commercial, institutional, paragraph (2) and subject to subparagraph tion of this section, the Administrator and industrial sources, to the extent that the (B), until the date on which the Adminis- may— material— trator promulgates regulations to imple- ‘‘(A) issue an order assessing a civil pen- ‘‘(I)(aa) is essentially the same as material ment and enforce the Agreement (including alty for any past or current violation, re- described in clause (i); or notice and consent provisions of the Agree- quiring compliance immediately or within a ‘‘(bb) is collected and disposed of with ma- ment), a State may enact 1 or more laws, specified time period, or both; or terial described in clause (i) as part of a nor- promulgate regulations, or issue orders im- ‘‘(B) commence a civil action in the United mal municipal solid waste collection service; posing limitations on the receipt and dis- States district court in the district in which and posal of foreign municipal solid waste within the violation occurred for appropriate relief, ‘‘(II) is not subject to regulation under sub- the State. including a temporary or permanent injunc- title C. ‘‘(B) NO EFFECT ON EXISTING AUTHORITY.—A tion. ‘‘(B) INCLUSIONS.—The term ‘municipal State law, regulation, or order that is en- ‘‘(2) SPECIFICITY.—Any order issued pursu- solid waste’ includes— acted, promulgated, or issued before the date ant to this subsection shall state with rea- ‘‘(i) appliances; on which the Administrator promulgates sonable specificity the nature of the viola- ‘‘(ii) clothing; regulations under subparagraph (A)— tion. ‘‘(iii) consumer product packaging; ‘‘(i) may continue in effect after that date; ‘‘(3) MAXIMUM AMOUNT OF PENALTY.—Any ‘‘(iv) cosmetics; and penalty assessed in an order described in ‘‘(v) debris resulting from construction, re- ‘‘(ii) shall not be affected by the regula- paragraph (1) shall not exceed $25,000 per day modeling, repair, or demolition of a struc- tions promulgated by the Administrator. of noncompliance for each violation. ture; ‘‘(2) EFFECT ON INTERSTATE AND FOREIGN ‘‘(4) PENALTY ASSESSMENT.—In assessing a ‘‘(vi) disposable diapers; COMMERCE.—No State action taken in ac- penalty under paragraph (1), the Adminis- ‘‘(vii) food containers made of glass or cordance with this section shall be consid- trator shall take into account the serious- metal; ered— ness of the violation and any good faith ef- ‘‘(viii) food waste; ‘‘(A) to impose an undue burden on inter- forts to comply with applicable require- ‘‘(ix) household hazardous waste; state or foreign commerce; or ments. ‘‘(x) office supplies; ‘‘(B) to otherwise impair, restrain, or dis- ‘‘(e) PUBLIC HEARING.— ‘‘(xi) paper; and criminate against interstate or foreign com- ‘‘(1) IN GENERAL.—Any order issued under merce. ‘‘(xii) yard waste. this section shall become final unless, not ‘‘(3) TRADE AND TREATY OBLIGATIONS.— ‘‘(C) EXCLUSIONS.—The term ‘municipal later than 30 days after the date on which Nothing in this section affects, replaces, or solid waste’ does not include— the order is served, 1 or more persons named amends prior law relating to the need for ‘‘(i) solid waste identified or listed as a in the order request a public hearing. hazardous waste under section 3001, except consistency with international trade obliga- ‘‘(2) PROCEDURE FOR HEARING.—The Admin- tions. for household hazardous waste; istrator— ‘‘(ii) solid waste, including contaminated ‘‘(c) AUTHORITY OF ADMINISTRATOR.— ‘‘(A) shall promptly conduct a public hear- soil and debris, resulting from— ‘‘(1) IN GENERAL.—Beginning immediately ing on receipt of a request under paragraph ‘‘(I) a response action taken under section after the date of enactment of this section, (1); 104 or 106 of the Comprehensive Environ- the Administrator shall— ‘‘(B) in connection with any proceeding mental Response, Compensation, and Liabil- ‘‘(A) perform the functions of the Des- under this section, may issue subpoenas for ity Act (42 U.S.C. 9604, 9606); ignated Authority of the United States de- the attendance and testimony of witnesses ‘‘(II) a response action taken under a State scribed in the Agreement with respect to the and the production of relevant papers, books, law with authorities comparable to the au- importation and exportation of municipal and documents; and thorities contained in either of those sec- solid waste under the Agreement; and ‘‘(C) may promulgate rules for discovery tions; or ‘‘(B) implement and enforce the Agreement procedures. ‘‘(III) a corrective action taken under this (including notice and consent provisions of Act; the Agreement). ‘‘(f) VIOLATION OF COMPLIANCE ORDERS.—If ‘‘(iii) recyclable material— ‘‘(2) REGULATIONS.—Not later than 2 years a violator fails to take corrective action ‘‘(I) that has been separated, at the source after the date of enactment of this section, within the time specified in a compliance of the material, from waste destined for dis- the Administrator shall promulgate final order issued under this section, the Adminis- posal; or regulations with respect to the responsibil- trator may assess a civil penalty of not more ‘‘(II) that has been managed separately ities of the Administrator under paragraph than $25,000 for each day of continued non- from waste destined for disposal, including (1). compliance with the order.’’. scrap rubber to be used as a fuel source; ‘‘(3) CONSENT TO IMPORTATION.—In consid- (b) CONFORMING AMENDMENT.—The table of ‘‘(iv) a material or product returned from a ering whether to consent to the importation contents of the Solid Waste Disposal Act (42 dispenser or distributor to the manufacturer of Canadian municipal solid waste under ar- U.S.C. prec. 6901) is amended by adding after

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6234 CONGRESSIONAL RECORD — SENATE June 8, 2005 the item relating to section 4010 the fol- tacks its victims, and drastically re- stances from drinking water. It has lowing: duce their life expectancy. helped make our national drinking ‘‘Sec. 4011. Foreign municipal solid waste’’. The Social Security Administration water infrastructure more reliable and Mr. LEVIN. Mr. President, every currently has a mandatory five-month more effective. Unfortunately, many of week, thousands of truckloads of solid ‘‘waiting period’’ for all people apply- the small, financially strapped, rural municipal waste are being imported ing for disability. The victims of meso- communities in Colorado cannot meet into the United States for disposal in thelioma simply cannot wait 5 months the obligations of the Clean Water Act US. landfills. Most of these shipments for their disability payments to begin. or the regulations of the Environ- enter at three border crossings in This bill will significantly reduce the mental Protection Agency because of Michigan: Port Huron, Sault Ste. waiting period from 5 months to 30 increasingly onerous unfunded Federal Marie, and Detroit. Canadian ship- days for victims of mesothelioma. drinking water mandates, As a result, ments are entering this country’ with- I encourage my colleagues to support communities in my home State are out regulatory controls to protect the this measure and join me in ensuring faced with two options: increase taxes environment and public safety as re- these victims get their payments in a and utility rates to exorbitant levels or quired by a treaty between the US. and timely fashion. end municipal water delivery. Neither Canada. The loads of municipal solid I ask unanimous consent that the option is acceptable. waste are more than just a nuisance. text of the bill be printed in the That is why I am introducing the Canada’s weekly importation of thou- RECORD. Rural Colorado Water Infrastructure sands of truckloads of trash into Michi- There being no objection, the bill was Act, a bill that will allow Colorado to gan is a potential threat to our envi- ordered to be printed in the RECORD, as participate in a program known as Sec- ronment, health, and security. follows: tion 595 of the Water Resources Devel- I join with my colleague Senator S. 1199 opment Act. My legislation authorizes STABENOW today in introducing S. 1198, Be it enacted by the Senate and House of Rep- $50 million for design and construction the companion to H.R. 2491, which was resentatives of the United States of America in assistance to non-Federal interests in reported by the House Energy and Congress assembled, the most desperate Colorado commu- Commerce Subcommittee on Environ- SECTION 1. SHORT TITLE. nities for publicly owned water related ment and Hazardous Waste today. It is This Act may be cited as the ‘‘Prompt Dis- environmental infrastructure and re- long overdue for Congress to address ability Payment to Mesothelioma Victims source protection and development this critical issue for Michigan and the Act of 2005’’. projects. rest of the U.S. This bill has the sup- SEC. 2. FINDINGS. The Rural Colorado Water Infrastruc- port of the entire Michigan Congres- Congress makes the following findings: ture Act will allow local communities (1) Mesothelioma is a quickly advancing to enter into cost share agreements sional delegation. form of cancer. Our legislation requires the EPA Ad- (2) Most cases of mesothelioma arise from with the U.S. Corps of Engineers to de- ministrator to implement regulations exposure to asbestos fibers. velop wastewater treatment and re- enforcing terms of the United States- (3) The National Cancer Institute esti- lated facility water supply, conserva- Canada treaty within 24 months, and it mates that in 2002, approximately 2,000 new tion and related facilities, storm water gives States the authority to regulate mesothelioma diagnoses were made in the retention and remediation, environ- foreign waste transported into the U.S. United States. mental restoration, and surface water until those regulations to implement SEC. 3. SHORTENED WAITING PERIOD FOR SO- resources protection and development. CIAL SECURITY DISABILITY BENE- Cities in Colorado like Alamosa, and enforce the treaty become effec- FITS FOR INDIVIDUALS WITH MESO- tive. Our bill implements the treaty’s THELIOMA. Sterling, and Julesburg that face enor- requirement that the Canadian envi- (a) IN GENERAL.—Section 223(c)(2) of the mous costs to develop new facilities ronmental department notify the EPA Social Security Act (42 U.S.C. (c)(2)) is may be able to utilize the program and of each shipment of waste that enters amended— save themselves from economic hard- the United States. The EPA then has 30 (1) in the matter preceding subparagraph ship. The Corps of Engineers Section days to object to the shipment or ac- (A), by inserting ‘‘(or, in the case of an indi- 595 program has been a great ally to vidual with mesothelioma, 30 days)’’ after many Western States, and, under my cept it. ‘‘months’’; and I believe this legislation will help to (2) in subparagraph (B)— legislation, Colorado would also be able protect the health and environment of (A) in clause (i), by inserting ‘‘(or, in the to benefit from this successful public- the people of Michigan. I am pleased to case of an individual with mesothelioma, the private partnership. have worked on this bipartisan initia- thirteenth month)’’ after ‘‘seventeenth There being no objection, the bill was tive with the other members of our month’’; and ordered to be printed in the RECORD, as State’s congressional delegation and (B) in clause (ii), by inserting ‘‘(or, in the follows: with Gov. Jennifer Granholm. I urge case of an individual with mesothelioma, S. 1202 the members of the Senate Environ- such thirteenth month)’’ after ‘‘such seven- teenth month’’. Be it enacted by the Senate and House of Rep- ment and Public Works Committee to (b) EFFECTIVE DATE.—The amendments resentatives of the United States of America in take action on this legislation as made by subsection (a) apply to applications Congress assembled, quickly as possible. for disability benefits filed or pending on or SECTION 1. SHORT TITLE. after the date of enactment of this Act and This Act may be cited as the ‘‘Rural Colo- By Mr. BURNS: to any individuals with filed applications for rado Water Infrastructure Act’’. S. 1199. A bill to amend title II of the such benefits as of that date who are within SEC. 2. DEFINITIONS. Social Security Act to shorten the a waiting period on such date. In this Act: waiting period for social security dis- (1) SECRETARY.—The term ‘‘Secretary’’ ability benefits for individuals with By Mr. ALLARD: means the Secretary of the Army, acting mesothelioma; to the Committee on S. 1202. A bill to provide environ- through the Chief of Engineers. (2) STATE.—The term ‘‘State’’ means the Finance. mental assistance to non-Federal inter- State of Colorado. Mr. BURNS. Mr. President, I come to ests in the State of Colorado; to the SEC. 3. PROGRAM. the floor today to introduce legislation Committee on Environment and Public (a) ESTABLISHMENT.—The Secretary may that would significantly reduce the So- Works. establish a pilot program to provide environ- cial Security Disability payment wait- Mr. ALLARD. Mr. President, the mental assistance to non-Federal interests ing period for people diagnosed with ability of communities to provide its in the State. the fatal cancer of mesothelioma. citizens with clean, safe drinking water (b) FORM OF ASSISTANCE.—Assistance under Seventy to eighty percent of all doc- is one of the most important public this section may be provided in the form of umented cases of mesothelioma share utility services any municipality can design and construction assistance for water- related environmental infrastructure and re- the common denominator of a history offer. I support many of the goals of source protection and development projects of asbestos. While symptoms of meso- the Clean Water Act and believe that in the State, including projects for— thelioma can remain latent over many the United States has made great (1) wastewater treatment and related fa- decades, this rare cancer violently at- progress in eliminating dangerous sub- cilities;

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6235 (2) water supply and related facilities; S. 1204. A bill to encourage students such as chemistry, computer science, (3) water conservation and related facili- to pursue graduate education and to engineering, and physics, while the ties; (4) stormwater retention and remediation; assist students in affording graduate Jacob Javits Program helps support (5) environmental restoration; and education; to the Committee on Fi- graduate study in the arts, humanities (6) surface water resource protection and nance. and social sciences. development. Mr. DODD. Mr. President, I rise To encourage greater participation (c) PUBLIC OWNERSHIP REQUIREMENT.—The today with Senators DURBIN and STA- by minority students in advanced pro- Secretary may provide assistance for a BENOW to introduce GRAD, the Getting grams the GRAD Act creates the Patsy project under this section only if the project T. Mink Fellowship Program. Named is publicly owned. Results for Advanced Degrees Act. The (d) LOCAL COOPERATION AGREEMENT.— purpose of this bill is to encourage stu- for former Congresswoman Patsy (1) IN GENERAL.—Before providing assist- dents to pursue graduate education and Mink, the first woman of Asian descent ance under this section, the Secretary shall to assist them in affording it. and the first woman of color to serve in enter into a local cooperation agreement The percentage of individuals pur- the U.S. Congress, this program would with a non-Federal interest to provide for de- suing graduate education has increased offer assistance to underrepresented sign and construction of the project to be dramatically in recent decades as indi- minorities pursuing doctoral degrees. carried out with the assistance. (2) REQUIREMENTS.—Each local cooperation viduals seek the education and skills It is fitting that such a program be agreement entered into under this sub- needed to participate in a global econ- named after Congresswoman Mink, a section shall provide for the following: omy. In the last 25 years alone, grad- long-time champion for immigrants, (A) PLAN.—Development by the Secretary, uate enrollment in the United States minorities, women and children. I can III consultation and coordination with ap- has increased by 38 percent bringing think of no better tribute to her life- propriate Federal and State officials, of a fa- the number of graduate students in time achievements than this program. cilities or resource protection and develop- this country to 1.85 million. To help students afford the costs of ment plan, including appropriate engineer- graduation education, the GRAD Act ing plans and specifications. The benefits of graduate education (B) LEGAL AND INSTITUTIONAL STRUC- for our country are enormous. This expands the tax-exempt status of schol- TURES.—Establishment of such legal and in- year’s graduate and professional stu- arships to treat reasonable room-and- stitutional structures as are necessary to en- dents are the doctors, scientists, and board allowances as part of permitted sure the effective long-term operation of the inventors of tomorrow. Their ideas and higher education expenses. GRAD re- project by the non-Federal interest. innovations will be the basis of Amer- vises the cost of attendance calcula- (3) COST SHARING.— tions for financial aid for students with (A) IN GENERAL.—The Federal share of ica’s economic strength in the years to project costs under each local cooperation come. The benefits for individuals are dependents to reflect the true cost-of- agreement entered into under this sub- significant as well. The median earn- living expenses for themselves and the section— ings of a worker with a master’s degree families that they support. GRAD also (i) shall be 75 percent; and are twice that of a high school grad- increases the unsubsidized Stafford (ii) may be in the form of grants or reim- uate and $10,000 more than an indi- loan limit for graduate and profes- bursements of project costs. sional students from $10,000 to $12,000 (B) PRE-COOPERATIVE AGREEMENT ACTIVI- vidual with a bachelor’s degree. The TIES.—The Federal share of the cost of ac- median earnings of a worker with a so they are less likely to have to turn tivities carried out by the Secretary under doctoral degree are 21⁄2 times that of a to more expensive private loans. this section before the execution of a local high school graduate, $30,000 more than Mr. President, the Getting Results coopera- tive agreement shall be 100 percent. an individual with a bachelor’s degree for Advanced Degrees Act will help stu- (C) CREDIT FOR DESIGN WORK.—The non- dents meet the financial challenges Federal interest shall receive credit, not to and $20,000 more than someone with a master’s. An individual with a profes- faced in pursuing graduate studies. The exceed 6 percent of the total construction act strengthens programs that support costs of a project, for the reasonable costs of sional degree can expect to make three design work completed by the non-Federal times the amount of a high school graduate students in areas of vital im- portance to our nation and makes as- interest before entering into a local coopera- graduate, almost double the amount of sistance available to underrepresented tion agreement with the Secretary for the an individual with a bachelor’s, $35,000 minority students pursuing a doctoral project. more than individuals with a master’s (D) CREDIT FOR INTEREST.—In case of a degree. By helping students to pursue and $15,000 more than someone with a delay in the funding of the Federal share of and afford graduate education, the doctoral degree. Clearly, one’s earning the costs of a project that is the subject of GRAD Act will help individuals, fami- an agreement under this section, the non- power increases, in some cases expo- lies and the nation as a whole recog- Federal interest shall receive credit for rea- nentially, with increasing education. sonable interest incurred in providing the Despite the immediate and long-term nize and achieve the important benefits of graduate education. Federal share of the costs of the project. benefits of graduate education for indi- (E) LAND, EASEMENTS, AND RIGHTS-OF-WAY I hope my colleagues will join me in viduals and our Nation as a whole, CREDIT. The non-Federal interest shall re- support of graduate education by sup- ceive credit for land, easements, rights-of- graduate education is, for many, finan- porting this bill. By working together, way, and relocations toward the non-Federal cially out of reach. In 2002–03 the aver- I believe that the Senate can act to en- share of project costs (including all reason- age graduate school tuition at public sure that more individuals are able to able costs associated with obtaining permits institutions was $4,855 and $15,279 at pursue graduate education and assist necessary for the construction, operation, private institutions. The average debt and maintenance of the project on publicly our nation in meeting the challenges reported by graduate students today is faced in a global economy. I ask unani- owned or controlled land), but not to exceed $45,900. For medical students it is 25 percent of total project costs. mous consent that the text of the bill (F) OPERATION AND MAINTENANCE.—The $115,000, for dental students it is be printed in the RECORD. non-Federal share of operation and mainte- $122,000 and for law students it is There being no objection, the bill was nance costs for projects constructed with as- $86,000. These are astounding figures. ordered to be printed in the RECORD, as sistance provided under this section shall be To increase access to graduate edu- follows: 100 percent. cation, I have put together a series of S. 1204 (e) APPLICABILITY OF OTHER FEDERAL AND proposals that will make graduate and STATE LAWS.—Nothing in this section Be it enacted by the Senate and House of Rep- waives, limits, or otherwise affects the appli- professional school more accessible af- resentatives of the United States of America in cability of any provision of Federal or State fordable for all qualified applicants, Congress assembled, law that would otherwise apply to a project the Getting Results for Advanced De- SECTION 1. SHORT TITLE. to be carried out with assistance provided grees Act. First, the GRAD Act raises This Act may be cited as the ‘‘Getting Re- under this section. the authorization levels of GAANN, the sults for Advanced Degrees Act’’. (f) AUTHORIZATION OF APPROPRIATIONS.— Graduate Assistance in Areas of Na- SEC. 2. FINDINGS. There is authorized to be appropriated to tional Need Program and the Jacob Congress makes the following findings: carry out this section $50,000,000 for the pe- Javits Fellowship Program so that (1) From 1976 to 2000, graduate enrollment riod beginning with fiscal year 2006, to re- in the United States increased 38 percent. In main available until expended. there are more opportunities at more the fall of 2000, there were 1,850,000 graduate universities for students to pursue ad- students enrolled in the United States. By Mr. DODD (for himself, Mr. vanced degrees. GAANN supports grad- (2) In 2003, 84 percent of graduate students DURBIN, and Ms. STABENOW): uate study in areas of national need in the United States were citizens of the

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6236 CONGRESSIONAL RECORD — SENATE June 8, 2005 United States or resident aliens, and 16 per- ‘‘$30,000,000 for fiscal year 1999’’ and inserting under this subpart to those eligible institu- cent were temporary residents who were for- ‘‘$35,000,000 for fiscal year 2006’’. tions with a demonstrated record of pro- eign or international students. SEC. 4. GRADUATE ASSISTANCE IN AREAS OF NA- ducing minorities and women who have (3) In a 2002 borrower’s survey, the average TIONAL NEED. earned such degrees. debt reported by graduate students was (a) APPLICATION CONTENTS.—Section ‘‘(b) APPLICATIONS.— $45,900. 713(b)(5) of the Higher Education Act of 1965 ‘‘(1) IN GENERAL.—An eligible institution (4) In 1999–2000, 60 percent of all graduate (20 U.S.C. 1135b(b)(5)) is amended— that desires a grant under this subpart shall and first-professional students, and 82 per- (1) by striking subparagraph (A); and submit an application to the Secretary at cent of those enrolled full-time and full-year, (2) by redesignating subparagraphs (B) and such time, in such manner, and containing received some type of financial aid, includ- (C) as subparagraphs (A) and (B), respec- such information as the Secretary may re- ing grants, loans, assistantships, or work tively. quire. study. The average amount of aid received (b) AMOUNT OF STIPENDS.—Section 714(b) of ‘‘(2) APPLICATIONS MADE ON BEHALF.— by aided full-time, full-year students was ap- the Higher Education Act of 1965 (20 U.S.C. ‘‘(A) IN GENERAL.—The following entities proximately $19,500 per year. 1135c(b)) is amended by striking ‘‘graduate may submit an application on behalf of an (5) Annual aid in the form of grants to full- fellowships,’’ and all that follows through eligible institution: time, full-year recipients was awarded in the period and inserting ‘‘Graduate Research ‘‘(i) A graduate school or department of larger average amounts to doctoral students Fellowship Program.’’. such institution. ‘‘(ii) A graduate school or department of ($13,400) than to either master’s students (c) AUTHORIZATION OF APPROPRIATIONS.— ($7,600) or first-professional students ($6,900). Section 716 of the Higher Education Act of such institution in collaboration with an un- First-professional students took out larger 1965 (20 U.S.C. 1135e) is amended by striking dergraduate college or university of such in- loans on average overall ($20,100) than did ‘‘$35,000,000 for fiscal year 1999’’ and inserting stitution. their counterparts at the master’s level ‘‘$50,000,000 for fiscal year 2006’’. ‘‘(iii) An organizational unit within such institution that offers a program of ($14,800) and doctoral level ($14,100). (d) TECHNICAL AMENDMENTS.—Section (6) Median annual earnings in 2003 in- 714(c) of the Higher Education Act of 1965 (20 postbaccalaureate study leading to a grad- uate degree, including an interdisciplinary creased with educational attainment. There U.S.C. 1135c(c)) is amended— or an interdepartmental program. was a substantial earnings differential from (1) by striking ‘‘716(a)’’ and inserting ‘‘(iv) A nonprofit organization with a dem- the highest to the lowest levels of attain- ‘‘715(a)’’; and onstrated record of helping minorities and ment: (2) by striking ‘‘714(b)(2)’’ and inserting women earn postbaccalaureate degrees. (A) The median earnings of workers who ‘‘713(b)(2)’’. ‘‘(B) NONPROFIT ORGANIZATIONS.—Nothing had a master’s degree were almost twice SEC. 5. PATSY T. MINK FELLOWSHIP PROGRAM. in this paragraph shall be construed to per- those of high school graduates and $10,000 Part A of title VII of the Higher Education mit the Secretary to award a grant under more than those of individuals with a bach- Act of 1965 (20 U.S.C. 1134 et seq.) is amend- this subpart to an entity other than an eligi- elor’s degree. ed— ble institution. (B) The median earnings of workers who (1) by redesignating subpart 4 as subpart 5; ‘‘(c) SELECTION OF APPLICATIONS.—In 1 had a doctoral degree were 2 ⁄2 times those of (2) by redesignating section 731 as section awarding grants under subsection (a), the high school graduates, $30,000 more than 740; Secretary shall— those of individuals with a bachelor’s degree, (3) in section 740 (as redesignated by para- ‘‘(1) take into account— and $20,000 more than those of individuals graph (2))— ‘‘(A) the number and distribution of minor- with a master’s degree. (A) in the section heading, by striking ity and female faculty nationally; (C) The median earnings of workers with a ‘‘AND 3.’’ and inserting ‘‘3, AND 4.’’; ‘‘(B) the current and projected need for professional degree were more than 3 times (B) in subsection (a), by striking ‘‘and 3’’ highly trained individuals in all areas of the those of high school graduates, almost dou- and inserting ‘‘3, and 4’’; higher education professoriate; and ble those of individuals with a bachelor’s de- (C) in subsection (b), by striking ‘‘and 3’’ ‘‘(C) the present and projected need for gree, $35,000 more than those of individuals and inserting ‘‘3, and 4’’; and highly trained individuals in academic ca- with a master’s degree, and $15,000 more than (D) in subsection (d), by striking ‘‘or 3’’ reer fields in which minorities and women those of individuals with a doctoral degree. and inserting ‘‘3, or 4’’; and are underrepresented in the higher education SEC. 3. JACOB K. JAVITS FELLOWSHIP PROGRAM. (4) by inserting after subpart 3 the fol- professoriate; and (a) CRITERIA FOR AWARDS.—Section 701(a) lowing: ‘‘(2) consider the need to prepare a large of the Higher Education Act of 1965 (20 U.S.C. ‘‘Subpart 4—Patsy T. Mink Fellowship number of minorities and women generally 1134(a)) is amended by striking ‘‘, financial Program in academic career fields of high national need,’’. priority, especially in areas in which such in- ‘‘SEC. 731. PURPOSE AND DESIGNATION. (b) QUALIFICATIONS OF BOARD.—Section dividuals are traditionally underrepresented ‘‘(a) PURPOSE.—It is the purpose of this 702(a) of the Higher Education Act of 1965 (20 in college and university faculties. subpart to provide, through eligible institu- U.S.C. 1134a(a)) is amended by striking para- ‘‘(d) DISTRIBUTION AND AMOUNTS OF tions, a program of fellowship awards to as- graph (1) and inserting the following: GRANTS.— sist highly qualified minorities and women ‘‘(1) APPOINTMENT.— ‘‘(1) EQUITABLE DISTRIBUTION.—In awarding to acquire the doctoral degree, or highest ‘‘(A) IN GENERAL.—The Secretary shall ap- grants under this subpart, the Secretary point a Jacob K. Javits Fellows Program possible degree available, in academic areas shall, to the maximum extent feasible, en- Fellowship Board (referred to in this subpart in which such individuals are underrep- sure an equitable geographic distribution of as the ‘Board’) consisting of 9 individuals resented for the purpose of enabling such in- awards and an equitable distribution among representative of both public and private in- dividuals to enter the higher education pro- public and independent eligible institutions stitutions of higher education who are espe- fessoriate. that apply for grants under this subpart and cially qualified to serve on the Board. ‘‘(b) DESIGNATION.—Each recipient of a fel- that demonstrate an ability to achieve the lowship award from an eligible institution ‘‘(B) QUALIFICATIONS.—In making appoint- purpose of this subpart. receiving a grant under this subpart shall be ments under subparagraph (A), the Secretary ‘‘(2) SPECIAL RULE.—To the maximum ex- shall— known as a ‘Patsy T. Mink Graduate Fellow’. tent practicable, the Secretary shall use not ‘‘(i) give due consideration to the appoint- ‘‘SEC. 732. DEFINITION OF ELIGIBLE INSTITU- less than 50 percent of the amount appro- ment of individuals who are highly respected TION. priated pursuant to section 736 to award in the academic community; ‘‘In this subpart, the term ‘eligible institu- grants to eligible institutions that— ‘‘(ii) assure that individuals appointed to tion’ means an institution of higher edu- ‘‘(A) are eligible for assistance under title the Board are broadly representative of a cation, or a consortium of such institutions, III or title V; or range of disciplines in graduate education in that offers a program of postbaccalaureate ‘‘(B) have formed a consortium that in- arts, humanities, and social sciences; study leading to a graduate degree. cludes both non-minority serving institu- ‘‘(iii) appoint members to represent the ‘‘SEC. 733. PROGRAM AUTHORIZED. tions and minority serving institutions. various geographic regions of the United ‘‘(a) GRANTS BY SECRETARY.— ‘‘(3) ALLOCATION.—In awarding grants States; and ‘‘(1) IN GENERAL.—The Secretary shall under this subpart, the Secretary shall allo- ‘‘(iv) include representatives from minor- award grants to eligible institutions to en- cate appropriate funds to those eligible insti- ity serving institutions.’’. able such institutions to make fellowship tutions whose applications indicate an abil- (c) AMOUNT OF STIPENDS.—Section 703(a) of awards to individuals in accordance with the ity to significantly increase the numbers of the Higher Education Act of 1965 (20 U.S.C. provisions of this subpart. minorities and women entering the higher 1134b(a)) is amended by striking ‘‘graduate ‘‘(2) PRIORITY CONSIDERATION.—In awarding education professoriate and that commit in- fellowships,’’ and all that follows through grants under this subpart, the Secretary stitutional resources to the attainment of the period and inserting ‘‘Graduate Research shall consider the eligible institution’s prior the purpose of this subpart. Fellowship Program.’’. experience in producing doctoral degree, or ‘‘(4) NUMBER OF FELLOWSHIP AWARDS.—An (d) AUTHORIZATION OF APPROPRIATIONS.— highest possible degree available, holders eligible institution that receives a grant Section 705 of the Higher Education Act of who are minorities and women, and shall under this subpart shall make not less than 1965 (20 U.S.C. 1134d) is amended by striking give priority consideration in making grants 15 fellowship awards.

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‘‘(5) REALLOTMENT.—If the Secretary deter- to be considered in granting a waiver for the amended by striking ‘‘$10,000’’ and inserting mines that an eligible institution awarded a service requirement under subsection (a)(2). ‘‘$12,000’’. grant under this subpart is unable to use all ‘‘(2) CONTENT.—The criteria under para- SEC. 8. ALLOWANCE OF ROOM, BOARD, AND SPE- of the grant funds awarded to the institu- graph (1) shall include whether compliance CIAL NEEDS SERVICES IN THE CASE tion, the Secretary shall reallot, on such with the service requirement by the fellow- OF SCHOLARSHIPS AND TUITION RE- date during each fiscal year as the Secretary ship recipient would be— DUCTION PROGRAMS WITH RESPECT may fix, the unused funds to other eligible ‘‘(A) inequitable and represent a substan- TO HIGHER EDUCATION. institutions that demonstrate that such in- tial hardship; or (a) IN GENERAL.—Paragraph (1) of section stitutions can use any reallocated grant ‘‘(B) deemed impossible because the indi- 117(b) of the Internal Revenue Code of 1986 funds to make fellowship awards to individ- vidual is permanently and totally disabled at (defining qualified scholarship) is amended uals under this subpart. the time of the waiver request. by inserting before the period at the end the ‘‘(e) INSTITUTIONAL ALLOWANCE.— ‘‘(d) AMOUNT OF FELLOWSHIP AWARDS.—Fel- following: ‘‘or, in the case of enrollment or ‘‘(1) IN GENERAL.— lowship awards under this subpart shall con- attendance at an eligible educational insti- ‘‘(A) NUMBER OF ALLOWANCES.—In awarding sist of a stipend in an amount equal to the tution, for qualified higher education ex- grants under this subpart, the Secretary level of support provided to the National penses’’. shall pay to each eligible institution award- Science Foundation graduate fellows, except (b) DEFINITIONS.—Subsection (b) of section ed a grant, for each individual awarded a fel- that such stipend shall be adjusted as nec- 117 of such Code is amended by adding at the lowship by such institution under this sub- essary so as not to exceed the fellow’s tui- end the following new paragraph: part, an institutional allowance. tion and fees or demonstrated need (as deter- ‘‘(3) QUALIFIED HIGHER EDUCATION EX- ‘‘(B) AMOUNT.—Except as provided in para- mined by the institution of higher education PENSES; ELIGIBLE EDUCATIONAL INSTITUTION.— graph (3), an institutional allowance shall be where the graduate student is enrolled), The terms ‘qualified higher education ex- in an amount equal to, for academic year whichever is greater. penses’ and ‘eligible educational institution’ 2006–2007 and succeeding academic years, the ‘‘(e) ACADEMIC PROGRESS REQUIRED.—An in- have the meanings given such terms in sec- amount of institutional allowance made to dividual student shall not be eligible to re- tion 529(e).’’. ceive a fellowship award— an institution of higher education under sec- (c) TUITION REDUCTION PROGRAMS.—Para- ‘‘(1) except during periods in which such tion 715 for such academic year. graph (5) of section 117(d) of such Code (relat- student is enrolled, and such student is ‘‘(2) USE OF FUNDS.—Institutional allow- ing to special rules for teaching and research maintaining satisfactory academic progress ances may be expended in the discretion of assistants) is amended by striking ‘‘shall be in, and devoting essentially full time to, the eligible institution and may be used to applied as if it did not contain the phrase study or research in the pursuit of the degree provide, except as prohibited under para- ‘(below the graduate level)’.’’ and inserting for which the fellowship support was award- graph (4), academic support and career tran- ‘‘shall be applied— ed; and sition services for individuals awarded fel- ‘‘(A) as if it did not contain the phrase ‘‘(2) if the student is engaged in gainful lowships by such institution. ‘(below the graduate level)’, and employment, other than part-time employ- ‘‘(3) REDUCTION.—The institutional allow- ‘‘(B) by substituting ‘qualified higher edu- ment in teaching, research, or similar activ- ance paid under paragraph (1) shall be re- cation expenses’ for ‘tuition’ the second ity determined by the eligible institution to duced by the amount the eligible institution place it appears.’’. charges and collects from a fellowship recipi- be consistent with and supportive of the stu- (d) EFFECTIVE DATE.—The amendments dent’s progress toward the appropriate de- ent for tuition and other expenses as part of made by this section shall apply to expenses gree. the recipient’s instructional program. paid after December 31, 2004 (in taxable years ‘‘(4) USE FOR OVERHEAD PROHIBITED.—Funds ‘‘SEC. 735. RULE OF CONSTRUCTION. ending after such date), for education fur- ‘‘Nothing in this subpart shall be con- made available under this subpart may not nished in academic periods beginning after strued to require an eligible institution that be used for general operational overhead of such date. the academic department or institution re- receives a grant under this subpart— ceiving funds under this subpart. ‘‘(1) to grant a preference or to differen- SEC. 9. PROGRAM FUNDING THROUGH TAX-EX- EMPT SECURITIES. ‘‘SEC. 734. FELLOWSHIP RECIPIENTS. tially treat any applicant for a faculty posi- (a) SPECIAL ALLOWANCES.— ‘‘(a) AUTHORIZATION.—An eligible institu- tion as a result of the institution’s participa- tion that receives a grant under this subpart tion in the program under this subpart; or (1) TECHNICAL CORRECTION.—Section 2 of shall use the grant funds to make fellowship ‘‘(2) to hire a Patsy T. Mink Fellow who the Taxpayer-Teacher Protection Act of 2004 awards to minorities and women who are en- completes this program and seeks employ- (Public Law 108–409; 118 Stat. 2299) is amend- rolled at such institution in a doctoral de- ment at such institution. ed in the matter preceding paragraph (1) by gree, or highest possible degree available, ‘‘SEC. 736. AUTHORIZATION OF APPROPRIATIONS. inserting ‘‘of the Higher Education Act of program and— ‘‘There is authorized to be appropriated to 1965’’ after ‘‘Section 438(b)(2)(B)’’. ‘‘(1) intend to pursue a career in instruc- carry out this subpart $25,000,000 for fiscal (2) IN GENERAL.—Section 438(b)(2)(B) of the tion at— year 2006 and such sums as may be necessary Higher Education Act of 1965 (20 U.S.C. 1087– ‘‘(A) an institution of higher education (as for each of the 5 succeeding fiscal years.’’. 1(b)(2)(B)) (as amended by section 2 of the the term is defined in section 101); SEC. 6. COST OF ATTENDANCE FOR STUDENTS Taxpayer-Teacher Protection Act of 2004) is ‘‘(B) an institution of higher education (as WITH 1 OR MORE DEPENDENTS. amended— the term is defined in section 102(a)(1)); Section 472 of the Higher Education Act of (A) in clause (iv), by striking ‘‘1993, or re- ‘‘(C) an institution of higher education 1965 (20 U.S.C. 1087ll) is amended by striking funded after September 30, 2004, and before outside the United States (as the term is de- paragraph (8) and inserting the following: January 1, 2006, the’’ and inserting ‘‘1993, or scribed in section 102(a)(2)); or ‘‘(8) for a student with 1 or more depend- refunded on or after the date of enactment of ‘‘(D) a proprietary institution of higher ents— the Taxpayer-Teacher Protection Act of 2004, education (as the term is defined in section ‘‘(A) an allowance based on the estimated the’’; and 102(b)); and actual expenses incurred for such dependent (B) by striking clause (v) and inserting the ‘‘(2) sign an agreement with the Secretary care, based on the number and age of such following: agreeing to begin employment at an institu- dependents, except that— ‘‘(v) Notwithstanding clauses (i) and (ii), tion described in paragraph (1) not later than ‘‘(i) such allowance shall not exceed the the quarterly rate of the special allowance 5 years after receiving the doctoral degree or reasonable cost in the community in which shall be the rate determined under subpara- highest possible degree available, and to be such student resides for the kind of care pro- graph (A), (E), (F), (G), (H), or (I) of this employed by such institution for 1 year for vided; and paragraph, or paragraph (4), as the case may each year of fellowship assistance received ‘‘(ii) the period for which dependent care is be, for loans— under this subpart. required includes class-time, study-time, ‘‘(I) originated, transferred, or purchased ‘‘(b) FAILURE TO COMPLY.—If an individual field work, internships, and commuting on or after the date of enactment of the Tax- who receives a fellowship award under this time; and payer-Teacher Protection Act of 2004; subpart fails to comply with the agreement ‘‘(B) if the student is a graduate student, ‘‘(II) financed by an obligation that has signed pursuant to subsection (a)(2), then the an allowance based on the estimated actual matured, been retired, or defeased on or after Secretary shall do 1 or both of the following: living expenses incurred for such dependents, the date of enactment of the Taxpayer- ‘‘(1) Require the individual to repay all or based on the number and age of such depend- Teacher Protection Act of 2004; the applicable portion of the total fellowship ents, including— ‘‘(III) which the special allowance was de- amount awarded to the individual by con- ‘‘(i) room and board for such dependents; termined under such subparagraphs or para- verting the balance due to a loan at the in- and graph, as the case may be, on or after the terest rate applicable to loans made under ‘‘(ii) health insurance for such depend- date of enactment of the Taxpayer-Teacher part B of title IV. ents;’’. Protection Act of 2004; ‘‘(2) Impose a fine or penalty in an amount SEC. 7. UNSUBSIDIZED STAFFORD LOAN LIMITS ‘‘(IV) for which the maturity date of the to be determined by the Secretary. FOR GRADUATE AND PROFESSIONAL obligation from which funds were obtained ‘‘(c) WAIVER AND MODIFICATION.— STUDENTS. for such loans was extended on or after the ‘‘(1) REGULATIONS.—The Secretary shall Section 428H(d)(2)(C) of the Higher Edu- date of enactment of the Taxpayer-Teacher promulgate regulations setting forth criteria cation Act of 1965 (20 U.S.C. 1078–8(d)(2)(C)) is Protection Act of 2004; or

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6238 CONGRESSIONAL RECORD — SENATE June 8, 2005

‘‘(V) sold or transferred to any other hold- (B) is regulated, either by price or terms of S. RES. 163 er on or after the date of enactment of the service, by 1 or more State utility or public Whereas for almost 470 years the United Taxpayer-Teacher Protection Act of 2004.’’. service commissions. States has benefitted from the work of His- (3) RULE OF CONSTRUCTION.—Nothing in the (b) STUDY.—Not later than 30 days after panic writers and publishers; amendment made by paragraph (2) shall be the date of enactment of this Act, the Con- Whereas over 600 Hispanic publications cir- construed to abrogate a contractual agree- gressional Budget Office, in consultation culate over 20,000,000 copies every week in ment between the Federal Government and a with other appropriate organizations, shall the United States; student loan provider. initiate a study to determine the effect on Whereas 1 in 8 Americans is served by a (b) AVAILABLE FUNDS FROM REDUCED EX- disadvantaged individuals of actions taken Hispanic publication; PENDITURES.—Any funds available to the or considered, or likely to be taken or con- Whereas the Hispanic press informs many Secretary of Education as a result of reduced sidered, by utilities to reduce the carbon di- Americans about great political, economic, expenditures under section 438 of the Higher oxide emissions of the utilities. and social issues of our day; Education Act of 1965 (20 U.S.C. 1087–1) se- (c) REPORT.— Whereas the Hispanic press in the United cured by the enactment of subsection (a) (1) IN GENERAL.—Not later than 1 year after States focuses in particular on informing shall be used by the Secretary to carry out the date of enactment of this Act, the Con- and promoting the well being of our coun- the programs and activities authorized under gressional Budget Office shall submit to Con- try’s Hispanic community; and this Act. gress a report that specifically describes the Whereas commemorating the achieve- results of the study, including the economic ments of the Hispanic press acknowledges By Mr. INHOFE: costs to disadvantaged individuals of actions S. 1205. A bill to require a study of the important role the Hispanic press has by utilities intended to reduce carbon diox- played in United States history: Now, there- the effects on disadvantaged individ- ide emissions. fore, be it uals of actions by utilities intended to (2) REVIEW PERIOD.—Congress shall have 180 Resolved, That the Senate— reduce carbon dioxide emissions, and days after the date of receipt by Congress of (1) designates June 5 through June 11, 2005, for other purposes; to the Committee the report described in paragraph (1) to re- as ‘‘National Hispanic Media Week’’, in on Energy and Natural Resources. view the report. honor of the Hispanic Media of America; and Mr. INHOFE. Mr. President, today I (3) EFFECTIVE DATE.—If the Congressional (2) encourages the people of the United am introducing the Ratepayers Protec- Budget Office determines that there would States to observe the week with appropriate be an additional economic burden on any of programs and activities. tion Act of 2005. This bill will ensure the classes of disadvantaged individuals if that the poor and elderly and other the costs of actions by utilities intended to f groups who are disproportionately reduce carbon dioxide emissions were recov- SENATE RESOLUTION 164—AU- harmed by rising energy prices are not ered from ratepayers, the amendment made THORIZING THE PRINTING WITH forced to pick up the tab for utilities by section 3 shall take effect on the day after ILLUSTRATIONS OF A DOCU- that incur costs to control carbon diox- the end of the review period described in MENT ENTITLED ‘‘COMMITTEE ide. paragraph (2). The science underlying the climate SEC. 3. UTILITY ACTIONS TO REDUCE CARBON ON APPROPRIATIONS, UNITED change theory does not justify the DIOXIDE EMISSIONS. STATES SENATE, 138TH ANNI- enormous expenditures mandatory cli- The National Climate Program Act (15 VERSARY, 1867–2005’’ U.S.C. 2901 et seq.) is amended by adding at Mr. COCHRAN (for himself and Mr. mate bills would impose. Moreover, im- the end the following: plementing these climate bills would BYRD) submitted the following resolu- ‘‘SEC. 9. UTILITY ACTIONS TO REDUCE CARBON have virtually no effect on reducing DIOXIDE EMISSIONS. tion; which was considered and agreed temperatures even if climate alarmists ‘‘(a) DEFINITION OF UTILITY.—In this sec- to: are correct. Yet those in our society tion, the term ‘utility’ means any organiza- S. RES. 164 least able to bear the costs of these tion that— Resolved, That there be printed with illus- mandatory schemes will be hit the ‘‘(1) provides retail customers with elec- trations as a Senate document a compilation hardest. With my bill, disadvantaged tricity services; and of materials entitled ‘‘Committee on Appro- individuals will not be saddled with ‘‘(2) is regulated, either by price or terms priations, United States Senate, 138th Anni- of service, by 1 or more State utility or pub- versary, 1867–2005’’, and that there be printed these costs. lic service commissions. I understand that this bill will be re- two thousand additional copies of such docu- ‘‘(b) RATEPAYER PROTECTIONS.— ferred to the Energy Committee. I do ment for the use of the Committee on Appro- ‘‘(1) IN GENERAL.—No utility may recover priations. not plan to move this bill as stand- from ratepayers any costs, expenses, fees, or alone bill, however, but instead to offer other outlays incurred for the stated purpose f it as an amendment to any mandatory by the utility to reduce carbon dioxide emis- AMENDMENTS SUBMITTED AND climate bill that sets caps on green- sions. PROPOSED house gases. ‘‘(2) PROHIBITION ON CERTAIN COMMISSION There being no objection, the bill was ACTIONS.—No State utility commission, pub- SA 766. Mr. INOUYE (for himself and Mr. lic service commission, or similar entity STEVENS) submitted an amendment intended ordered to be printed in the RECORD, as may compel ratepayers to pay the costs, ex- to be proposed by him to the bill S. 1195, to follows: penses, fees, or other outlays incurred for provide the necessary authority to the Sec- S. 1205 the stated purpose by a utility to reduce car- retary of Commerce for the establishment Be it enacted by the Senate and House of bon dioxide emissions. and implementation of a regulatory system Representatives of the United States of America ‘‘(c) SHAREHOLDER OBLIGATIONS UNAF- for offshore aquaculture in the United States in Congress assembled, FECTED.—Nothing in this section prevents Exclusive Economic Zone, and for other pur- SECTION 1. SHORT TITLE. the shareholders of, or other parties associ- poses; which was ordered to lie on the table. This Act may be cited as the ‘‘Ratepayers ated with (other than ratepayers), a utility SA 767. Mr. INOUYE (for himself and Mr. Protection Act of 2005’’. from paying for any action by the utility to STEVENS) submitted an amendment intended SEC. 2. STUDY. reduce carbon dioxide emissions.’’. to be proposed by him to the bill S. 1195, (a) DEFINITIONS.—In this section: supra; which was ordered to lie on the table. f (1) DISADVANTAGED INDIVIDUAL.—The term SA 768. Ms. SNOWE (for herself, Mr. STE- ‘‘disadvantaged individual’’ means— SUBMITTED RESOLUTIONS VENS, and Mr. INOUYE) submitted an amend- (A) an individual with a disability, as de- ment intended to be proposed by her to the fined in section 3 of the Americans with Dis- bill S. 1195, supra; which was ordered to lie abilities Act of 1990 (42 U.S.C. 12102); SENATE RESOLUTION 163—DESIG- on the table. (B) a member of a family whose income NATING JUNE 5 THROUGH JUNE SA 769. Mr. STEVENS (for himself and Mr. does not exceed the poverty line, as defined INOUYE) submitted an amendment intended in section 673 of the Community Services 11, 2005, AS ‘‘NATIONAL HISPANIC to be proposed by him to the bill S. 1195, Block Grant Act (42 U.S.C. 9902); MEDIA WEEK’’, IN HONOR OF supra; which was ordered to lie on the table. (C) an individual who belongs to a minor- THE HISPANIC MEDIA OF AMER- f ity group; ICA (D) a senior citizen; and Mr. DOMENICI (for himself, Mr. TEXT OF AMENDMENTS (E) other disadvantaged individuals. ALAZAR ARTINEZ (2) UTILITY.—The term ‘‘utility’’ means S , Mr. M , and Mr. SA 766. Mr. INOUYE (for himself and any organization that— BINGAMAN) submitted the following res- Mr. STEVENS) submitted an amendment (A) provides retail customers with elec- olution; which was considered and intended to be proposed by him to the tricity services; and agreed to: bill S. 1195, to provide the necessary

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6239 authority to the Secretary of Com- ment intended to be proposed by him Investigations of the Committee on merce for the establishment and imple- to the bill S. 1195, to provide the nec- Homeland Security and Governmental mentation of a regulatory system for essary authority to the Secretary of Affairs will hold a hearing on June 16, offshore aquaculture in the United Commerce for the establishment and 2005, entitled ‘‘Civilian Contractors States Exclusive Economic Zone, and implementation of a regulatory system Who Cheat On Their Taxes And What for other purposes; which was ordered for offshore aquaculture in the United Should Be Done About It.’’ The June 16 to lie on the table; as follows: States Exclusive Economic Zone, and hearing will be the second hearing the Strike paragraph (4) of section 4(a) and in- for other purposes; which was ordered Permanent Subcommittee on Inves- sert the following: to lie on the table; as follows: tigations will hold on tax delinquency (4) An offshore aquaculture permit holder At the appropriate place, insert the fol- problems with Federal contractors. On shall be— lowing: February 12, 2004, the Subcommittee (A) a citizen or resident of the United SEC. ———. STATE OPT-OUT. held a hearing entitled ‘‘DoD Contrac- States; or (a) IN GENERAL.—Notwithstanding any tors Who Cheat on Their Taxes And (B) a corporation, partnership, or other en- other provision of this Act, if Secretary re- What Should Be Done About It’’ which tity organized and existing under the laws of ceives notice in writing from the chief execu- a State or the United States. examined the Department of Defense’s tive officer of a coastal State that the State (DoD) failure to levy contractor pay- does not wish to have the provisions of this ments for unpaid taxes owed by con- SA 767. Mr. INOUYE (for himself and Act apply in the State’s seaward portion of Mr. STEVENS) submitted an amendment the Exclusive Economic Zone, then— tractors doing business with DoD and intended to be proposed by him to the (1) the provisions of sections 4 shall not getting paid with taxpayers dollars. bill S. 1195, to provide the necessary apply in that portion of the Exclusive Eco- The February 2004 hearing also dem- authority to the Secretary of Com- nomic Zone more than 30 days after the date onstrated that the problem of tax de- merce for the establishment and imple- on which the Secretary receives the notice; linquent Federal contractors may not mentation of a regulatory system for (2) no permit issued under this Act shall be be confined to DoD. The Subcommittee offshore aquaculture in the United valid in that portion of the Exclusive Eco- requested that the Government Ac- nomic Zone more than 30 days after the date States Exclusive Economic Zone, and countability Office (GAO) determine if on which the Secretary receives the notice; Federal contractors at civilian agen- for other purposes; which was ordered and to lie on the table; as follows: (3) the Secretary may not utilize the per- cies were tax delinquent. At the June Strike section 5(a) and insert the fol- sonnel, services, equipment, or facilities of 16th hearing, the Subcommittee will lowing: that State under section 7 more than 30 days present the results of this expanded in- (a) ENVIRONMENTAL REQUIREMENTS.—The after the date on which the Secretary re- vestigation. Additionally, the GAO will Secretary shall consult as appropriate with ceives the notice. be releasing two reports which were re- other Federal agencies, the coastal States, (b) TERMINATION OF AQUACULTURE ACTIVI- quested by the Subcommittee on this and regional fishery management councils TIES.—If the Secretary receives the notice matter. The first report covers the ex- established under the Magnuson-Stevens described in subsection (a) after an offshore tent of tax debt among civilian con- aquaculture facility has been established Fishery Conservation and Management Act tractors. The second report covers the (16 U.S.C. 1801 et seq.) to identify the envi- under this Act in the State’s seaward portion ronmental requirements applicable to off- of the Exclusive Economic Zone or permits extent to which the Federal Govern- shore aquaculture under existing laws and have been granted under this Act with re- ment and the states have entered into regulations. The Secretary shall establish spect to that area, the Secretary shall— reciprocal agreements to collect delin- additional environmental requirements for (1) revoke any such permit or limit its ap- quent Federal or State taxes. offshore aquaculture facilities in consulta- plication to areas not included in the State’s The Subcommittee hearing is sched- tion with appropriate Federal agencies, seaward portion of the Exclusive Economic uled for Thursday, June 16, 2005, at 9:30 coastal States, regional fishery management Zone; a.m. in Room 562 of the Dirksen Senate councils, and the public needed to address (2) order the closure of the facility within Office Building. For further informa- a period of not more than 30 days and pro- any environmental risks and impacts associ- tion, please contact Raymond V. Shep- ated with such facilities. Environmental re- vide for an orderly phase out of any activi- quirements may include, but are not limited ties associated with the facility under this herd, III, Staff Director and Chief to, environmental monitoring, data Act; and Counsel to the Permanent Sub- archiving, and reporting by the permit hold- (3) take any other action necessary to en- committee on Investigations, at 224– er, as deemed necessary or prudent by the sure that the provisions of this Act (other 3721. than this section) are not applied within Secretary. The environmental requirements f shall address risks to and impacts on— that area. (1) natural fish stocks, including safe- (c) REVOCATION.—The chief executive offi- AUTHORITY FOR COMMITTEES TO guards needed to conserve genetic resources cer of a State that has transmitted a notice MEET to the Secretary under subsection (a) may and prevent or minimize the transmission of COMMITTEE ON ENVIRONMENT AND PUBLIC revoke that notice at any time in writing. disease, parasites, or invasive species to wild WORKS (d) DEFINITIONS.— stocks, Mr. LOTT. Mr. President, I ask unan- (2) marine ecosystems, (1) COASTAL STATE.—The term ‘‘coastal (3) biological, chemical and physical fea- State’’ has the same meaning as given that imous consent that the Committee on tures of water quality and habitat, term in section 304(4) of the Coastal Zone Environment and Public Works be au- (4) marine mammals, other forms of ma- Management Act of 1972 (16 U.S.C. 1453(4). thorized to meet on Wednesday, June 7, rine life, birds, and endangered species, and (2) STATE SEAWARD PORTION OF THE EXCLU- 2005 to conduct a Business Meeting on (5) other features of the environment, SIVE ECONOMIC ZONE.— the following agenda: as identified by the Secretary, in consulta- (A) IN GENERAL.—In this section, the term tion as appropriate with other Federal agen- ‘‘State’s seaward portion of the Exclusive Resolutions cies. Economic Zone’’ shall be determined by ex- To authorize alteration of the James tending the seaward boundary (as defined in L. King Federal Justice Building in SA 768. Ms. SNOWE (for herself, Mr. section 2(b) of the Submerged Lands Act (43 U.S.C. 1301(b))) of each coastal State seaward Miami, FL.; STEVENS, and Mr. INOUYE) submitted an H.R. 483, to designate a United States amendment intended to be proposed by to the edge of the Exclusive Economic Zone. (B) LIMITATION.—Nothing in paragraph (1) courthouse in Brownsville, TX, as the her to the bill S. 1195, to provide the shall be construed to give a State any right, ‘‘Reynaldo G. Garza and Filemon B. necessary authority to the Secretary of title, authority, or jurisdiction over that Vela United States Courthouse’’; Commerce for the establishment and portion of the Exclusive Economic Zone de- S. 1140, to designate the State Route implementation of a regulatory system scribed in paragraph (1). 1 Bridge in the State of Delaware as for offshore aquaculture in the United f the ‘‘Senator William V. Roth, Jr. States Exclusive Economic Zone, and Bridge’’; NOTICES OF HEARINGS/MEETINGS for other purposes; which was ordered S. 1017 To reauthorize grants for the to lie on the table; as follows: PERMANENT SUBCOMMITTEE ON INVESTIGATIONS water resources research and tech- Strike paragraph (8) of section 4(a). Mr. COLEMAN. Mr. President, I nology institutes established under the would like to announce for the infor- Water Resources Research Act of 1984; SA 769. Mr. STEVENS (for himself mation of the Senate and the public S. 260 Partners for Fish and Wildlife and Mr. INOUYE) submitted an amend- that the Permanent Subcommittee on Program;

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6240 CONGRESSIONAL RECORD — SENATE June 8, 2005 S. 858 NRC Fees/Reform Bill; PRIVILEGES OF THE FLOOR law firm of Tucker, Hicks, Sentelle, S. 865 Price Anderson; Mr. FEINGOLD. Mr. President, I ask Moon & Hodge in Charlotte, NC. S. 864 Nuclear Security. unanimous consent that Bharat Ms. Shappert earned her bachelor’s The hearing will be held in SD 406. Ramamurti, a legal intern with my degree from Duke University and her The PRESIDING OFFICER. Without Senate Judiciary staff, be granted the J.D. from Washington and Lee Univer- objection, it is so ordered. privileges of the floor during consider- sity School of Law, where she earned the title of managing editor of the COMMITTEE ON FINANCE ation of the Brown nomination. Washington and Lee Law Review. Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Without objection, it is so ordered. I have no doubt that Ms. Shappert imous consent that the Committee on will continue to represent North Caro- Finance be authorized to meet during Mr. SMITH. Mr. President, I ask unanimous consent that privileges of lina well in the judicial branch of our the session on Wednesday June 8, 2005, Nation. at 10 a.m., to hear testimony on ‘‘The the floor be granted to Kate Stephen- Tax Code and Land Conservation: Re- son of my office staff today. f port on Investigations and Proposals The PRESIDING OFFICER. Without LEGISLATIVE SESSION objection, it is so ordered. for Reform’’. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without f ate will now return to legislative ses- objection, it is so ordered. EXECUTIVE CALENDAR sion. COMMITTEE ON FOREIGN RELATIONS Mr. MCCONNELL. Mr. President, I f Mr. LOTT. Mr. President, I ask unan- ask unanimous consent that the Sen- NATIONAL HISPANIC MEDIA WEEK imous consent that the Committee on ate immediately proceed to executive Foreign Relations be authorized to session to consider the following nomi- Mr. MCCONNELL. Mr. President, I meet during the session of the Senate nations on today’s Executive Calendar: ask unanimous consent that the Sen- on Wednesday, June 8, 2005 at 2:30 p.m. 57, 140, 143, 144, 145, 146, and 147. I fur- ate now proceed to the consideration of to hold a hearing on nominations. ther ask unanimous consent that the S. Res. 163, which was submitted ear- The PRESIDING OFFICER. Without nominations be confirmed, the motion lier today. objection, it is so ordered. to reconsider be laid upon the table, The PRESIDING OFFICER. The the President be immediately notified clerk will report the resolution by COMMITTEE ON HEALTH, EDUCATION, LABOR, title. AND PENSIONS of the Senate’s action, and the Senate The assistant legislative clerk read then return to legislative session. Mr. LOTT. Mr. President, I ask unan- as follows: imous consent that the Committee on The PRESIDING OFFICER. Without Health, Education, Labor, and Pen- objection, it is so ordered. A resolution (S. Res. 163) designating June The nominations considered and con- 5 through June 11, 2005, as ‘‘National His- sions meet in executive session during panic Media Week,’’ in honor of the Hispanic the session of the Senate on Wednes- firmed are as follows: Media of America. DEPARTMENT OF HEALTH AND HUMAN SERVICES day, June 8, 2005 at 9:50 a.m. in SD–430. There being no objection, the Senate The PRESIDING OFFICER. Without Daniel R. Levinson, of Maryland, to be In- proceeded to consider the resolution. objection, it is so ordered. spector General, Department of Health and Human Services. Mr. DOMENICI. Mr. President, I sup- SELECT COMMITTEE ON INTELLIGENCE port this important resolution desig- DEPARTMENT OF HOMELAND SECURITY Mr. LOTT. Mr. President, I ask unan- nating June 5 through June 11 as Na- imous consent that the Select Com- Philip J. Perry, of Virginia, to be General tional Hispanic Media Week. Counsel, Department of Homeland Security. mittee on Intelligence be authorized to For nearly four centuries, Hispanic meet during the session of the Senate DEPARTMENT OF JUSTICE publishers, writers, and editors have on June 8, 2005 at 2:30 p.m. to hold a Regina B. Schofield, of Virginia, to be an made immeasurable contributions to- briefing. Assistant Attorney General. Paul D. Clement, of Virginia, to be Solic- wards our national commitment to The PRESIDING OFFICER. Without itor General of the United States. promote free speech and the free ex- objection, it is so ordered. Gretchen C. F. Shappert, of North Caro- change of ideas. This group of hard SPECIAL COMMITTEE ON AGING lina, to be United States Attorney for the working Americans has dedicated Mr. LOTT. Mr. President, I ask unan- Western District of North Carolina for the themselves to better informing our term of four years. communities on the great political, imous consent that the Special Com- Anthony Jerome Jenkins, of Virgin Is- mittee on Aging be authorized to meet, economic, and social issues of the day. lands, to be United States Attorney for the Hispanic publications serve a popu- Wednesday, June 8, 2005 from 2 p.m.–5 District of the Virgin Islands for the term of p.m. in Dirksen G50 for the purpose of four years. lation of over 20 million people mean- conducting a hearing. Stephen Joseph Murphy III, of Michigan, ing that one in every eight Americans The PRESIDING OFFICER. Without to be United States Attorney for the Eastern receives at least part of their news objection, it is so ordered. District of Michigan for the term of four from a Hispanic media outlet years. The designation of a week to honor SUBCOMMITTEE ON DISASTER NOMINATION OF GRETCHEN C.F. SHAPPERT the Hispanic media of America will Mr. LOTT. Mr. President, I ask unan- Mr. BURR. Mr. President, I rise in help affirm the importance of freedom imous consent that the Subcommittee support of the nomination of Gretchen of speech, civic engagement, and fur- on Disaster be authorized to meet on C.F. Shappert to be U.S. Attorney for ther development of the Hispanic Wednesday, June 8, 2005, at 2:30 p.m., the Western District of North Carolina. media. This recognition of the Hispanic on Research and Development to Pro- Ms. Shappert has been an Assistant media will serve as a reminder of the tect America’s Communities from Dis- U.S. Attorney for the Western District valuable contributions made by His- aster, in SR–253. since 1990 and has served as Acting U.S. panic publishers, journalists and edi- The PRESIDING OFFICER. Without Attorney since 2004. tors. objection, it is so ordered. Ms. Shappert brings a wealth of expe- This resolution is important across SUBCOMMITTEE ON TECHNOLOGY, INNOVATION rience to the position, and I am con- the country, but I can personally speak AND COMPETITIVENESS fident that she will continue to serve to its importance in my home State of Mr. LOTT. Mr. President, I ask unan- the President, the State of North Caro- New Mexico. Forty-two percent of New imous consent that the Subcommittee lina, and the country with honor and Mexico’s population is Hispanic. I on Technology, Innovation, and Com- distinction. know that many of those individuals petitiveness be authorized to meet on From 1983 to 1990, Ms. Shappert rely on Hispanic media for news and Wednesday, June 8, 2005, at 9:30 a.m. on served as Assistant District Attorney entertainment. They tap into such New Current Challenges that Confront and as Assistant Public Defender for Mexico outlets as El Hispano news- American Manufacturers, in SR–253. Mecklenburg County, NC. paper, radio stations like KDCE in The PRESIDING OFFICER. Without Before her career in public service, Espan˜ ola and KLVO in Albuquerque, objection, it is so ordered. Ms. Shappert was an associate with the Spanish-language television stations

VerDate Mar 15 2010 20:34 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08JN5.REC S08JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 8, 2005 CONGRESSIONAL RECORD — SENATE S6241 like KLUZ, and magazines like La the important role the Hispanic press has vided for debate on that nomination. Herencia. I am proud to be apart of played in United States history: Now, there- At 4 p.m., the Senate will proceed to a honoring a group that is so important fore, be it vote on confirmation. The vote on the to so many people in my home State. Resolved, That the Senate— Pryor nomination will be the first vote This resolution calls on the Amer- (1) designates June 5 through June 11, 2005, as ‘‘National Hispanic Media Week’’, in of the day. ican people to join with all children, honor of the Hispanic Media of America; and Following the Pryor confirmation families, organizations, communities, (2) encourages the people of the United vote, the Senate will consider the Grif- churches, cities, and States across the States to observe the week with appropriate fin and McKeague nominations to the Nation to observe the week with appro- programs and activities. Sixth Circuit. We will debate those priate ceremonies and activities. f nominations concurrently and vote on I strongly urge my colleagues to join confirmation tomorrow evening. I us in promptly passing this resolution COMMITTEE ON APPROPRIATIONS would say to our colleagues, we are not designating June 5 through June 11 as 138TH ANNIVERSARY finished when we finish the vote on National Hispanic Media Week. Mr. MCCONNELL. Mr. President, I Judge Pryor tomorrow afternoon. We Mr. BINGAMAN. Mr. President, I am ask unanimous consent that the Sen- have two more very important nomina- pleased to add my name as a cosponsor ate proceed to the consideration of S. tions to the Sixth Circuit, a circuit of this resolution to recognize Hispanic Res. 164, which was submitted earlier that has been 25-percent vacant for Media Week. The resolution provides today. many years. So we will not be able to an opportunity to recognize the vital The PRESIDING OFFICER. The conclude until we finish all of those contribution the Hispanic media makes clerk will report the resolution by nominations tomorrow. not only to the Hispanic community title. but to the Nation at large. The assistant legislative clerk read f As the Hispanic community grows in as follows: numbers, business influence, and polit- ADJOURNMENT UNTIL 9:30 A.M. A resolution (S. Res. 164) authorizing the TOMORROW ical power an integral part of their suc- printing with illustrations of a document en- cess has been the Hispanic media. Cur- titled ‘‘Committee on Appropriations, United Mr. MCCONNELL. Mr. President, if rently there are almost 600 Hispanic States Senate, 138th Anniversary, 1867–2005.’’ there is no further business to come be- publishers in the United States with a There being no objection, the Senate fore the Senate, I ask unanimous con- combined readership of over 30 million. proceeded to consider the resolution. sent that the Senate stand in adjourn- These publications represent Spanish, Mr. MCCONNELL. Mr. President, I ment under the previous order. bilingual, and English daily, weekly, ask unanimous consent that the reso- There being no objection, the Senate, and periodic newspapers and maga- lution be agreed to and the motion to at 6:46 p.m., adjourned until Thursday, zines. Many of these publishers have reconsider be laid upon the table. July 9, 2005, at 9:30 a.m. persevered through years and even dec- The PRESIDING OFFICER. Without f ades of low circulation numbers and in- objection, it is so ordered. dustrywide skepticism to emerge today The resolution (S. Res. 164) was NOMINATIONS as a dynamic and growing segment of agreed to, as follows: the publishing industry. Executive nominations received by S. RES. 164 The number of Hispanic publishers the Senate June 8, 2005: continues to grow larger and play an Resolved. That there be printed with illus- THE JUDICIARY trations as a Senate document a compilation important role in getting vital infor- JOHN RICHARD SMOAK, OF FLORIDA, TO BE UNITED of materials entitled ‘‘Committee on Appro- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT mation to this important segment of priations, United States Senate, 138th Anni- OF FLORIDA, VICE C. ROGER VINSON, RETIRED. the population. In disseminating vital versary, 1867–2005’’, and that there be printed DEPARTMENT OF JUSTICE information to the Hispanic commu- two thousand additional copies of such docu- KENNETH L. WAINSTEIN, OF VIRGINIA, TO BE UNITED nity, Hispanic publishers have per- ment for the use of the Committee on Appro- STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA formed a service not only to their own priations. FOR THE TERM OF FOUR YEARS, VICE ROSCOE CONKLIN HOWARD, JR., RESIGNED. communities but to each and every f community that strives towards a free IN THE AIR FORCE ORDERS FOR THURSDAY, JUNE 9, and open exchange of ideas in the em- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 2005 STATES OFFICERS FOR APPOINTMENT IN THE RESERVE bodiment of the American dream. OF THE AIR FORCE TO THE GRADES INDICATED UNDER Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I TITLE 10, U.S.C., SECTION 12203: ask unanimous consent that the reso- ask unanimous consent that when the To be major general lution be agreed to, the preamble be Senate completes its business today, it BRIGADIER GENERAL CHARLES W. COLLIER, JR., 0000 BRIGADIER GENERAL SCOTT A. HAMMOND, 0000 agreed to, and the motion to reconsider stand in adjournment until 9:30 a.m., BRIGADIER GENERAL HENRY C. MORROW, 0000 be laid upon the table. Thursday, June 9. I further ask that BRIGADIER GENERAL ROGER C. NAFZIGER, 0000 The PRESIDING OFFICER. Without BRIGADIER GENERAL GARY L. SAYLER, 0000 following the prayer and pledge, the BRIGADIER GENERAL DARRYLL D.M. WONG, 0000 objection, it is so ordered. morning hour be deemed expired, the To be brigadier general The resolution (S. Res. 163) was Journal of proceedings be approved to COLONEL MICHAEL D. AKEY, 0000 agreed to. date, the time for the two leaders be COLONEL FRANCES M. AUCLAIR, 0000 The preamble was agreed to. reserved, and the Senate then return to COLONEL KATHLEEN F. BERG, 0000 The resolution, with its preamble, COLONEL JAMES A. BUNTYN, 0000 executive session and resume consider- COLONEL STANLEY E. CLARKE III, 0000 reads as follows: ation of the nomination of William COLONEL JAMES F. DAWSON, JR., 0000 S. RES. 163 COLONEL MICHAEL D. GULLIHUR, 0000 Pryor to be a U.S. circuit judge for the COLONEL TONY A. HART, 0000 Whereas for almost 470 years the United Eleventh Circuit, as provided under the COLONEL MARTIN K. HOLLAND, 0000 States has benefitted from the work of His- previous order. COLONEL MARY J. KIGHT, 0000 panic writers and publishers; COLONEL JAMES W. KWIATKOWSKI, 0000 The PRESIDING OFFICER. Without COLONEL ULAY W. LITTLETON, JR., 0000 Whereas over 600 Hispanic publications cir- objection, it is so ordered. COLONEL PATRICK J. MOISIO, 0000 culate over 20,000,000 copies every week in COLONEL LODA R. MOORE, 0000 COLONEL THOMAS A. PERARO, 0000 the United States; f COLONEL WILLIAM M. SCHUESSLER, 0000 Whereas 1 in 8 Americans is served by a COLONEL ROBERT M. STONESTREET, 0000 Hispanic publication; PROGRAM COLONEL JANNETTE YOUNG, 0000 Whereas the Hispanic press informs many Mr. MCCONNELL. Tomorrow, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Americans about great political, economic, Senate will resume consideration of IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- and social issues of our day; CATED UNDER TITLE 10, U.S.C., SECTION 624: the nomination of Bill Pryor to be a To be brigadier general Whereas the Hispanic press in the United U.S. circuit judge for the Eleventh Cir- States focuses in particular on informing COL. DAVID G. EHRHART, 0000 and promoting the well being of our coun- cuit. Earlier today, cloture was in- COL. RICHARD C. HARDING, 0000 try’s Hispanic community; and voked on the Pryor nomination by a IN THE ARMY vote of 67 to 32. Under a previous order, Whereas commemorating the achieve- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ments of the Hispanic press acknowledges the time until 4 p.m. will be equally di- IN THE UNITED STATES ARMY TO THE GRADE INDICATED

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WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF HOMELAND SECURITY PAUL D. CLEMENT, OF VIRGINIA, TO BE SOLICITOR RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GENERAL OF THE UNITED STATES. To be lieutenant general PHILIP J. PERRY, OF VIRGINIA, TO BE GENERAL COUN- GRETCHEN C. F. SHAPPERT, OF NORTH CAROLINA, TO SEL, DEPARTMENT OF HOMELAND SECURITY. BE UNITED STATES ATTORNEY FOR THE WESTERN DIS- LT. GEN. WALTER L. SHARP, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR THE NOMINEE’S COMMITMENT TO RESPOND TO RE- YEARS. f QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ANTHONY JEROME JENKINS, OF VIRGIN ISLANDS, TO CONSTITUTED COMMITTEE OF THE SENATE. CONFIRMATIONS BE UNITED STATES ATTORNEY FOR THE DISTRICT OF THE JUDICIARY THE VIRGIN ISLANDS FOR THE TERM OF FOUR YEARS. Executive nominations confirmed by STEPHEN JOSEPH MURPHY III, OF MICHIGAN, TO BE JANICE R. BROWN, OF CALIFORNIA, TO BE UNITED UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- the Senate: Wednesday, June 8, 2005: OF MICHIGAN FOR THE TERM OF FOUR YEARS. BIA CIRCUIT. DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF JUSTICE DANIEL R. LEVINSON, OF MARYLAND, TO BE INSPEC- TOR GENERAL, DEPARTMENT OF HEALTH AND HUMAN REGINA B. SCHOFIELD, OF VIRGINIA, TO BE AN ASSIST- SERVICES. ANT ATTORNEY GENERAL.

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RECOGNIZING THE 30TH ANNIVER- for his dedicated service to our country and This year, over 25 Bay Area High Schools SARY OF VICTIMS SERVICES our community. Mr. Carlson recently retired as competed in 10 unique categories, Judges CENTER OF MONTGOMERY COUN- the Fire Chief of the city of Riverside, Cali- from the American Musical Theatre were sent TY fornia. He has protected our citizens as a war- to each school to watch and evaluate perform- rior and fireman over a 39-year career in pub- ances. Judges were instructed to evaluate the HON. JIM GERLACH lic service. quality of each production and performance, OF PENNSYLVANIA Dave grew up in Sacramento and graduated while keeping in mind each school’s budget IN THE HOUSE OF REPRESENTATIVES from Luther Burbank High School in 1966. and available resources. This annual competi- Wednesday, June 8, 2005 Two weeks later he enlisted in the Navy to tion awarded four students who reside within pursue his childhood dream of becoming a California’s 16th district. Mr. GERLACH. Mr. Speaker, I rise today to ‘‘frogman.’’ Dave graduated from Underwater Alok is a student from Valley Christian High recognize Victim Services Center (VSC) of Demolition/SEAL training and went on to serve School. He won the Best Student Scenic De- Montgomery County, Inc. on its 30th anniver- two tours of duty in Vietnam. In 1972 he be- sign award for his work in ‘‘Godspell’’. sary. came a firefighter in Santa Barbara County, The High School Music Theatre HONORS In 1974, a group of five women from Mont- California. Dave worked his way through the awards promote artistic creativity in a way that gomery County, Pennsylvania organized VSC, ranks and became a Battalion Chief in 1981. is vital to a youth’s development. The perform- then called Women Against Rape, due to con- Constantly striving for self improvement, Dave ances that these youth stage are extremely cerns over the lack of a sensitive and uniform attended college on his days off. He earned a labor intensive, and promote discipline, team response to victims of sexual assault. As Bachelor’s Degree in Public Service Manage- work, and dedication. High School Performing awareness of sexual assault grew, the need to ment and a Master’s Degree in Public Admin- Arts programs are generally underfunded and recognize that both men and women are vic- istration from the University of La Verne. In have been greatly reduced in recent years. I tims, and that both sexes can contribute to the 1991, Dave became the Fire Chief in the City recognize the hard work, time, and energy that solution, transformed the agency into what of Norco, California. In 1994, he became the these students and teachers put into these was known as the Rape Crisis Center. In Deputy Fire Chief of the City of Riverside and productions. 1985, additional services were added to sup- in 1996 he was appointed Fire Chief. I am proud to stand here today and recog- port victims of other serious crimes, including Dave Carlson is always looking for innova- nize Alok for his accomplishments. I urge him a victim witness program. To reflect this ex- tive ways to provide better public safety serv- and all students to continue to take interest in pansion of services, the name of the organiza- ice to the community. In 1999 he implemented the performing arts. tion was subsequently changed to Victim a paramedic program through a joint partner- f Services Center of Montgomery County, Inc. ship with American Medical Response and the and it is thus known today. INSURANCE OPTION HAS WORKERS Riverside County Medical Services Agency. PAY MORE Victim Services Center has become a com- This partnership resulted in a higher level of prehensive crime victims organization that pro- emergency care and faster emergency re- vides free, confidential 24-hour crisis interven- sponse at no cost to the City of Riverside’s HON. DENNIS J. KUCINICH tion, advocacy, and counseling service to vic- general fund. OF OHIO tims of crime and safety education programs Throughout his career, Dave has served in IN THE HOUSE OF REPRESENTATIVES to schools from preschool to college. It like- professional and public organizations. He has Wednesday, June 8, 2005 wise provides outstanding training services to always been active in the California Fire Mr. KUCINICH. Mr. Speaker, I wish to bring professionals and law enforcement personnel. Chiefs’ Organization, serving a two-year term Approaching nearly 30 years of service, Vic- the following article on associated health plans as President from 2000 to 2002. He is also tim Services Center has achieved a exemplary to the attention of my colleagues. We must the Chair of the Department of Corrections reputation in Montgomery County for confiden- continue to work to bring health care coverage Citizens’ Advisory Committee for the California tial, supportive services that have aided thou- to the more than 45 million Americans who Rehabilitation Center. In 2004, Dave’s accom- sands of people seeking help. Without the are uninsured. This article clearly shows that plishments were justly recognized when he re- presence of Victim Services Center in the associated health plans are not the solution. I ceived the Distinguished Public Service Ca- community, crime victims would be left to fend will continue to push for the adoption of a truly reer Award from the City of Riverside and was for themselves through a maze of government comprehensive and universal, single-payer named the ‘‘Fire Chief of the Year’’ by the agencies and court proceedings, while also health care program. California Fire Chiefs’ Association. having to cope with the trauma of criminal vic- [From the Los Angeles Times, May 23, 2005] Fire Chiefs such as Dave Carlson provide a timization. INSURANCE OPTION HAS WORKERS PAY MORE remarkable level of protection to our commu- Mr. Speaker, I ask my colleagues to join me (By Ricardo Alonso-Zaldivar) nities. They work just as hard at preventing today in recognizing Victim Services Center of For years, they were the kinds of health fires and accidents as they do in responding Montgomery County, Inc. on its 30th anniver- insurance plans one found at small busi- to them. Dave has had an exceptional career sary. The VSC’s tremendous efforts in aiding nesses or among the self-employed, plans keeping our community safe. He has earned that had huge deductibles and required victims of sexual assault and other crimes my many thanks and I wish him great success workers to pay a lot of medical bills them- have truly made a difference in our commu- in all his future endeavors. selves—such as allergy shots, chest X-rays nity. and the cost of a new baby. f f They weren’t the policies most people pre- RECOGNIZIING ALOK WADHWAN ferred, but they were the best some people TRIBUTE TO DAVE CARLSON ON could afford, better than no insurance at all. THE OCCASION OF HIS RETIRE- Now, as medical costs keep climbing, those MENT FROM THE CITY OF RIV- HON. ZOE LOFGREN high-deductible plans are spreading to the ERSIDE FIRE DEPARTMENT OF CALIFORNIA giant corporations that have long been the backbone of traditional job-related, low de- IN THE HOUSE OF REPRESENTATIVES ductible health insurance. And if the trend HON. KEN CALVERT Wednesday, June 8, 2005 continues, it could reshape the medical in- OF CALIFORNIA Ms. ZOE LOFGREN of California. Mr. surance landscape and sharply redistribute IN THE HOUSE OF REPRESENTATIVES costs, risks and responsibilities for many of Speaker, I rise today to recognize Alok Wednesday, June 8, 2005 the 160 million Americans with private cov- Wadhwani for his award of Best Student Sce- erage. Mr. CALVERT. Mr. Speaker, I rise today to nic Design in the 11th annual High School A number of large employers, including de- recognize and honor Fire Chief Dave Carlson Music Theatre HONORS awards in San Jose. fense contractor Northrop Grumman Corp.,

∑ 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 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K08JN8.001 E08PT1 E1156 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 the Wendy’s hamburger chain, high-tech con- a Mercer Human Resource Consulting sur- Kronenberg, chief strategy officer for glomerate Fujitsu and office supply retailer vey. Lumenos. ‘‘We’ve got to see behavior change Staples Inc., are adding what they call con- Employers say the new plans are not de- for us as a country to be able to address the sumer-directed health plans to their menus signed primarily to shift costs to workers. escalating health care costs we’ve got.’’ of insurance options. The ultimate goal, they say, is to cut health When patients have no ‘‘skin in the game,’’ In a recent survey, 26 percent of large em- care costs by changing consumers’ behav- he said, they don’t think about how to save. ployers said they would offer such plans in ior—teaching them to be more cost-con- In Washington, Republican policy-makers 2006, up from 14 percent this year. Another scious about things such as generic drugs. have encouraged the trend toward high de- survey found that about half of large compa- ‘‘In three to five years, every company is ductible insurance plans. nies were considering adding them. going to offer them,’’ predicted Alexander Congress expanded tax-sheltered medical A few companies are pursuing a ‘‘full re- Domaszewicz, a Mercer senior consultant accounts and renamed them health savings placement’’ strategy that leaves workers based in Newport Beach. ‘‘People are going accounts, or HSAs, in the 2003 Medicare pre- with no other choice. But even where such to be coming over from companies that have scription drug bill. A year earlier, the Treas- plans are optional, they are proving popular them, and they are going to want them.’’ ury Department had quietly issued a ruling with workers who might once have scorned a When the city of Las Vegas began offering that enabled employers to offer a plan plan that could leave them with several a consumer-directed plan to 2,200 eligible known as a health reimbursement arrange- thousand dollars in medical bills each year. employees last year, 60 percent signed up. ment. At Fujitsu, about half of 5,000 eligible U.S. ‘‘When I was growing up in the 1950s, no The savings accounts are available to peo- employees have signed up for the option. one had insurance for day-to-day going to ple who buy health coverage with What suddenly makes such plans attrac- the doctor,’’ said Victoria Robinson, the deductibles of at least $1,000 for individuals tive to workers is that many are caught in a city’s insurance manager. ‘‘You covered and $2,000 for families. Employees and em- painful bind: In recent years, pay increases those expenses yourself and had major med- ployers can make pretax contributions to have been small at best. At the same time, ical if you had to have your appendix out or cover the deductible. The accounts belong to employers have been requiring workers to something like that. employees, who can take them along when ‘‘It’s almost like going back to the fu- pay a larger and larger share of their health they switch jobs. With reimbursement ac- ture,’’ she said. insurance premiums. It’s not uncommon for counts, employees don’t own the health care higher payroll deductions for health care to Yes and no, analysts say. When employers began offering health in- accounts. They can roll over unused balances more than offset any pay raises. surance, it was a way to attract workers by at the end of the year, but they cannot take With the high-deductible plan, workers pay offering them something of value without di- their accounts with them if they switch jobs. lower monthly premiums and their employ- rectly raising their pay. Today, in purely In a typical reimbursement account, an ers commonly help them build up a special economic terms, shifting insurance costs to employer would create an account for an em- savings account to cushion the impact of a workers amounts to reducing compensation. ployee and family, and commit to cover the larger annual deductible. The accounts are Although workers may think they will first $2,000 of their health care costs. The controlled by the employees, which has led only face the high deductible if serious ill- employee would then be responsible for the insurers and employers to label the plans ness strikes, those receiving routine medical next $1,000. ‘‘consumer-directed.’’ care can also face fairly hefty medical bills. After that, traditional health coverage Even if high-deductible plans offer imme- Many of the new plans ‘‘confront people would kick in, with the policy paying 90 per- diate relief for many workers, and big cost with a lot more cost sharing than they are cent of the costs and the employee 10 per- savings to employers, the allure may not currently experiencing,’’ said Sherry Glied, a cent. Both the reimbursement and savings last. And the plans may do little or nothing health policy professor at Columbia Univer- accounts have caps on how much an indi- to solve the basic problem of soaring health sity. ‘‘If you are the kind of person who can’t vidual can be required to pay in a year. costs. keep $2,000 in an account, it could be a really Still, financial incentives can change—es- ‘‘You’re beginning to see a lot of growth in bad idea for you.’’ pecially as individuals realize they need these plans, not because they’re going to The experience of Mark Pung, a general greater levels of health care. solve America’s health care challenge, but contractor in Grand Rapids, Mich., shows ‘‘The real concern is that people will want because it’s a way for employers to cut their why such plans can be enticing. to switch out of these plans when they get out-of-control benefit costs,’’ said Robert The father of four children, Pung says he sick,’’ said Glied, the Columbia professor. Laszewski, a consultant to health insurance would never dream of going without health ‘‘Then it will be very expensive for employ- companies. ‘‘Any time an employer can raise insurance. Yet he and his wife, Dana, paid ers.’’ deductibles from $200 to $1,000, it is going to for the births of their two youngest children reduce their costs. But will it reduce U.S. out their own pockets—$3,600 for each f health costs generally? The jury is still real- healthy baby girl. That’s because their med- HONORING TRUETT OTT ly out on that. ‘‘ ical insurance carries a $5,000 deductible for The reason, he said, is that 10 percent of the family. the people—the sickest Americans—account Since their premiums are $180 a month, or HON. JIM DAVIS for 70 percent of total health care costs. $2,160 a year, they could find themselves OF FLORIDA ‘‘Once the sick people have gone through with as much as $7,160 in out-of-pocket IN THE HOUSE OF REPRESENTATIVES their deductible, they’re back to regular health care costs in a single year. health plan—the incentives for them don’t On the other hand, the Pungs face much Wednesday, June 8, 2005 really change,’’ Laszewski said. lower monthly premiums than they would ‘‘This is a cost shift device, and not a have to pay for a traditional plan: between Mr. DAVIS of Florida. Mr. Speaker, I rise in means to fundamentally control health care $800 and $1,400 a month for family coverage— honor of Truett Ott, former Florida State Sen- costs.’’ at least $9,600 a year in premiums alone. ator and District Court of Appeals Judge, Moreover, the willingness of workers to Initially, Pung said, ‘‘I felt more exposure. whose passing last month was a great loss to sign up for less generous plans may change But it wasn’t enough to stop me from doing our community. over time, as workers and their families get it, because I could run the numbers and see Always a dedicated public servant, Truett older and more likely to encounter serious how much sense it made.’’ appropriately began his career by serving his medical costs. The numbers would not be so dramatic for ‘‘To make these plans truly work, they workers in company plans. Employers help country as a pilot in World War II and later as have to work for the sickest population—it pay premiums and the deductibles are lower. an officer at Tampa Bay’s MacDill Air Force can’t be a plan that only works for the In 2004, the median deductible for a family in Base during the Korean War. But Truett would healthy,’’ said Joe Walshe, a principal with a company-provided plan was $3,000. The em- become better known for his work in the field the consulting firm PricewaterhouseCoopers. ployer contributed $1,200 toward that of law—a career which he launched by grad- ‘‘It’s very difficult, but that’s where the through a special account, according to Mer- uating with honors from the University of Flor- challenge is.’’ cer, leaving the employee responsible for ida Law School. He joined Tampa’s Carlton In the meantime, the short-term appeal of $1,800. high-deductible plans is easy to see. Employ- Proponents of consumer-directed health Fields law firm before founding a firm of his ees get a bit more take-home pay. Employers care say another advantage of the plans is own in 1956. get some relief from higher health care that higher deductibles encourage consumers Just ten years later, Truett set his mind to costs. to shop smarter. running for the State Senate and beat an in- For big companies, the new plans represent The two major firms that administer the cumbent to win his seat. Among his many no- an upfront savings of about 10 percent and plans for large employers—Lumenos Inc. in table accomplishments in office, Truett was a the expectation of more gradual cost in- Alexandria, Va., and Definity Health Corp. in force behind legislation to improve our state’s creases over time. Last year, large employ- Minneapolis—also supply employees with ers spent an average of $5,584 per worker for ideas for saving money, online health care vocational schools and he convinced his col- coverage through a high-deductible plan, information and related services. leagues to support a law providing judges dis- compared with $6,181 for a worker in the typ- ‘‘The key thing is the whole concept of get- cretion in sentencing for certain first-time drug ical preferred provider network, according to ting the consumer engaged,’’ said Doug offenders while increasing penalties for repeat

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.003 E08PT1 June 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1157 offenders and dealers. Truett became known Mr. Speaker, I proudly ask you to join me in dedicated service to the people of Orange as a uniquely fair but independent minded commending Conor Michael O’Rourke for County, California. Ms. Puentes has dem- lawmaker—a reputation which he would carry achiving the highest distinction of Eagle Scout, onstrated a commitment to excellence and has throughout his career. and wish him luck on all of his future endeav- made our community a better place to live. In 1972, Truett returned to the full-time prac- ors. Julie Puentes is the Executive Vice Presi- tice of law, but just four years later he chose f dent of Public Affairs for the Orange County to run for a seat on Florida’s Second District Business Council, a countywide organization CONGRATULATING RUTH ANN Court of Appeal. He not only won the seat, but comprised primarily of Orange County’s larg- NORTON was reelected in 1982 with a nearly 90 per- est employers and small businesses dedicated cent approval rating in a Florida Bar Associa- to Orange County’s economic vitality. She tion poll. When Truett retired from the bench HON. C.A. DUTCH RUPPERSBERGER serves as a member of the organization’s ex- in 1986, he was serving as Chief Judge. OF MARYLAND ecutive management team and manages the Truett Ott’s service to his community did not IN THE HOUSE OF REPRESENTATIVES Business Council’s Advocacy program. She end at the office door. A faithful servant of Wednesday, June 8, 2005 coordinates the Business Council Investor lob- God, Truett taught Sunday school for 55 years Mr. RUPPERSBERGER. Mr. Speaker, it is bying efforts which are intended to foster a and gave back to others through his work with my pleasure today to congratulate Ruth Ann positive business climate and preserve Or- a host of service organizations including the Norton, whose important work in preventing ange County’s quality of life. During her time Boy Scouts of America, YMCA, United Way, lead positioning has received national acclaim. at the OCBC, Julie has done an exemplary job Metropolitan Ministries, the Billy Graham Cru- Ms. Norton recently received the Nation’s top of building relationships, particularly with Or- sade, the Boys Club and the Pike County As- community health honor, a 2005 Robert Wood ange County’s federal, state and local rep- sociation. Johnson Community Health Leadership award. resentatives. She also works closely with other Truett Ott was a role model for us all. On Ms. Norton is one of 10 recipients nation- chambers of commerce and regional eco- behalf of the entire Tampa Bay community, I wide recognized for their outstanding contribu- nomic development organizations. would like to thank him for his service and ex- tions to community health. As part of the Before she joined the Orange County Busi- tend my deepest sympathies to his family. His award, Ms. Norton will receive a grant of more ness Council professional staff Ms. Puentes contributions and his character will not be for- than $100,000 to augment her efforts. was the owner of JFConsulting, a public af- gotten and set high standards for generations As recently as 2002, one out of every 25 fairs consulting firm. Her firm focused on en- to come. children nationwide was diagnosed with lead gaging the business community in the devel- f poisoning. The City of Baltimore, where Ms. opment of public policy and more business- Norton’s efforts are focused, has among the friendly environmental regulation. From 1978– HONORING CONOR MICHAEL highest numbers of pre-1940 rental properties 1991, Ms. Puentes served as Chief of Staff to O’ROURKE in the Nation—and buildings constructed in Senator Marian Bergeson, culminating a 20- that timeframe often contain lead paint. The year career in public service for five state leg- HON. JAMES P. MORAN children living in these buildings often develop islators. OF VIRGINIA asthma or lead poisoning that can cause seri- Ms. Puentes served in the Wilson Adminis- tration as a member of the State Job Training IN THE HOUSE OF REPRESENTATIVES ous disabilities and impairments. Unwilling to accept the fact that children are Coordinating Council (now the state Workforce Wednesday, June 8, 2005 exposed to hazardous environments, espe- Investment Board) and the Governor’s School- Mr. MORAN of Virginia. Mr. Speaker, I rise cially in their own homes, Ms. Norton left the to-Career Advisory Council. She serves on the today to honor Conor Michael O’Rourke of Ar- business world to become Executive Director Board of Directors of the Orange County Pub- lington, Virginia. Conor has not only achieved of the Coalition to End Childhood Lead Poi- lic Affairs Association and Citizens Against the rank of Eagle Scout in the Boy Scouts of soning in 1994. She transformed the Coalition Lawsuit Abuse, and is a member of the Cali- America; he has pursued his accomplishments from a one-person organization to a 30–per- fornia Chamber of Commerce Advocacy with a sincere commitment to the fundamental son primary prevention organization that has Council. ideals of improving our community. As a mem- provided direct program services to thousands We rely upon citizens like Julie Puentes to ber of Troop 50 in the National Capital Area of at-risk clients. The majority of those helped sustain the spirit of our communities. I have Council, Conor has exemplified the finest by the Coalition are single, African-American relied on her advice in addressing various qualities of leadership and citizenship in earn- mothers and pregnant women living in high water and transportation challenges facing our ing Boy Scouts’ most prestigious award. He is risk and low-income communities in Baltimore. community and state. Julie Puentes has currently a junior at Bishop Denis J. O’Connell Under her leadership, the Coalition has earned my many thanks and I wish her great High School in Arlington, Virginia and is the played a significant role in reducing childhood success in all her future endeavors. older son of Mary Anne and Michael lead poisoning in Baltimore by 91 percent in f less than a decade. This success is the result O’Rourke. RECOGNIZING KELLY BLACK At Troop 50, Conor has provided leadership of preventative strategies and public policy in a variety of positions. He has led his troop changes advocated for by the Coalition, such as Patrol Leader (twice), Assistant Senior Pa- as requiring lead reductions in housing stock, HON. ZOE LOFGREN trol Leader, and High Adventure Assistant providing relocation opportunities for families OF CALIFORNIA Crew Chief. In addition, he served for several living in hazardous buildings, and testing chil- IN THE HOUSE OF REPRESENTATIVES years as Den Chief, in which he was a role dren for lead paint poisoning. The Coalition Wednesday, June 8, 2005 model and guide to a group of Cub Scouts at has also been credited with playing a primary Ms. ZOE LOFGREN of California. Mr. St. Thomas More School in Arlington. role in the dramatic decline in lead-poisoned Speaker, I rise today to recognize Kelly Black As a Boy Scout, Conor has trekked through children statewide—from 14,000 in 1993 to for her award as Best Female Performer in the the mountains of New Mexico on horseback, less than 2,000 in 2003. 11th annual High School Music Theatre HON- explored underground caves, sailed the Flor- Mr. Speaker, I am honored to recognize Ms. ORS awards in San Jose. ida Keys and went on numerous camping Norton’s dedication to improving the health of This year, over 25 Bay Area High Schools trips. He has earned 28 merit badges and four Maryland’s children, and to congratulate her competed in 10 unique categories. Judges religious awards, including the Boy Scout Ad for this well-deserved Community Health from the American Musical Theatre were sent Altare Dei. He is truly an exemplary Scout. Leadership award. to each school to watch and evaluate perform- For his Eagle Scout Leadership Service f ances. Judges were instructed to evaluate the Project, Conor directed three dozen volun- TRIBUTE TO JULIE PUENTES quality of each production and performance, teers, who donated over 140 hours of labor to while keeping in mind each school’s budget the Arlington County Department of Parks and HON. KEN CALVERT and available resources. This annual competi- Recreation for the construction of a new park tion awarded four students who reside within OF CALIFORNIA trail. IN THE HOUSE OF REPRESENTATIVES California’s 16th district. Because of his dedication and service to the Kelly is a student from Oak Grove High community, I have great expectations for Wednesday, June 8, 2005 School. She won the Best Female Performer Conor—he will be among the young men who Mr. CALVERT. Mr. Speaker, I rise today to award for her role of Velma Kelly in ‘‘Chi- leads our Nation through the 21st. Century. recognize and honor Julie Puentes for her cago’’. Kelly will receive a scholarship to the

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.007 E08PT1 E1158 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 American Musical Theatre Artists Institute, a back wall of the Carriage Shops which abut and remained devoted to the betterment of the nine-week intensive professional training pro- historic West Cemetery in Amherst. state throughout his personal and professional gram. West Cemetery is Amherst’s oldest burying life. Growing up in Taft, in the San Joaquin The High School Music Theatre HONORS ground and was laid out in 1730 for settlers of Valley, Jim developed an early appreciation awards promote artistic creativity in a way that the East District of Hadley. It is a true histor- for the importance of water resources to farm- is vital to a youth’s development. The perform- ical site that represents some of Amherst’s ers and businessmen living in a desert. At the ances that these youth stage are extremely original unchanged landscape, which today age of 14, he moved to Orange County and, labor intensive, and promote discipline, team would still be recognizable to the early settlers soon after, met his future wife Pamela Mosier work, and dedication. High School Performing who lie there next to their fellow farmers, mill while attending Corona Del Mar High School. Arts programs are generally underfunded and workers, servants, soldiers, professors and After his marriage to Pam, Jim was de- have been greatly reduced in recent years. I poets. ployed by the United States Navy to South recognize the hard work, time, and energy that The Amherst Community History Mural ad- East Asia aboard the aircraft carrier USS Mid- these students and teachers put into these dresses five aspects of Amherst’s history: way. After fulfilling his military duty, he re- productions. farming, literature, domestic life, education and turned to Orange Coast College, finished his I am proud to stand here today and recog- the military, and industry and economic life. Bachelor of Science in Economics at Loyola nize Kelly for her accomplishments. I urge her Notable figures portrayed in the mural stand- Marymount and received an MBA from the An- and all students to continue to take interest in ing on the balcony of the Amherst Hotel in- derson School of Business at UCLA. Jim’s in- the performing arts. clude Robert Gilbert ‘‘Gil’’ Roberts, a member terest in California’s growth led him to spe- f of the New Black Eagle Jazz Band of Boston cialize in real estate development. Jim also who also played with Louis Annstrong and Jo- leaves a legacy of balanced and practical en- HONORING RABBI MICHAEL DATZ sephine Baker; Chief Justice Harlan Fiske vironmental stewardship, business and finan- Stone; Peter Merzbach, a 20th-century obste- cial acumen, as well as decade of leadership HON. RAY LaHOOD trician; the Reverend David Parsons, Am- as an elected director of the Santa Margarita OF ILLINOIS herst’s first minister; and Charley Thompson, a Water District. Jim passed away on January 14th of this IN THE HOUSE OF REPRESENTATIVES janitor and friend to Amherst College students year while taking his morning run. He is sur- Wednesday, June 8, 2005 during the 1800s. Again I congratulate Amherst, my home vived by his wife and four boys. Mr. LAHOOD. Mr. Speaker, I rise today to town, on creating this mural that honors and Jim was fascinated by issues that shaped honor the accomplishments and services of remembers the great history of our commu- the future of ‘‘his State’’. He understood the Rabbi Michael Datz of Springfield, Illinois for nity. complex issues which impacted Southern Cali- fornia’s ocean, in which he loved to surf and his thirteen years of spiritual guidance and f leadership. sail, and the beauty of Northern California’s Rabbi Datz draws on his extraordinary life TRIBUTE TO DANIEL J. MASIELLO wilderness where he hiked and skied. He un- experiences to provide insight to his congrega- derstood California’s vital farming commu- tion at the Temple B’rith Sholom. He has lived HON. BRIAN HIGGINS nities, and the necessary growth of the hous- ing market to a growing economy. in South Africa, the Netherlands, and Aus- OF NEW YORK Jim was a man of integrity who believed in tralia, as well, his birth-state of Texas. Yet, the IN THE HOUSE OF REPRESENTATIVES community of Springfield is of profound impor- the goodness of people, and that most individ- tance to him. His extensive involvement in nu- Wednesday, June 8, 2005 uals are motivated by a sincere desire to ac- merous religious and civic community organi- Mr. HIGGINS. Mr. Speaker, I rise today to complish positive results. However, he also zations greatly benefits his adopted home. He pay tribute to the life and memory of a great believed man is limited by his ability to appre- is a board member of the Springfield Board of Western New Yorker, Mr. Daniel J. Masiello, a ciate the opposing side of an argument. It is Jewish Education, the Springfield Jewish Fed- remarkable man dedicated to public service, this dichotomy which Jim tried to bridge. His eration, the Central Illinois Food Bank, the his family and his nation. favorite adage was, ‘‘No information is bad in- Springfield Liturgical Arts Council, the Greater Born on the West Side of Buffalo in 1913, formation.’’ He urged those around him to em- Springfield Interfaith Association, and he is as a young man Mr. Masiello enlisted in the brace knowledge as friendly even if it was not Chairman of the Dept. of Community Relations United States Army and went on to defend ‘‘good’’ news, because the only bad informa- of the City of Springfield. In addition to being this Country’s freedom overseas for five years tion is no information at all. Jim could and a dedicated servant of the community, the during WorId War II. would play ‘‘Devil’s Advocate’’ to advance an- rabbi is a lawyer, a children’s author, a hus- A hard-working man, Mr. Masiello was a other’s understanding of the other side of an band, and a father of two. member of Teamsters Local 375 as an em- issue, to move groups toward agreement. He Yet above and beyond these accomplish- ployee of Dorn’s Transportation and went on always sought a compromise because he be- ments, the people who know the rabbi best to work in the City of Buffalo Streets Depart- lieved that there should be no ‘‘loser.’’ The ex- testify that his courage and his sense of ment for 27 years, eventually serving as the ample he set is one we can all learn from. humor are traits that make him an excellent department’s Supervisor. It was Jim’s sincere desire that each of us community leader. The people of Springfield Mr. Masiello was a devoted family man, contribute the best of ourselves today in order and the members of the Temple B’rith Sholom married to Bridget DeGeorge for 59 years, to prepare California for a better tomorrow. are pleased and honored to have Rabbi Mi- they enjoyed spending time with their seven Jim Mizell served his family, country and his chael Datz as a servant of their community, children, fourteen grandchildren and five great- community with distinction and honor and I am and I am pleased to honor him on the occa- grandchildren. truly proud to have called him a friend. sion of a special dinner in recognition of his For 91 years the Buffalo and Western New f service. York community was fortunate to have Daniel RECOGNIZING TOMMY JERNIGAN f J. Masiello as a trusted friend and I am pleased to honor his memory today. RECOGNITION OF THE AMHERST HON. ZOE LOFGREN f COMMUNITY HISTORY MURAL OF CALIFORNIA TRIBUTE TO JAMES E. MIZELL II IN THE HOUSE OF REPRESENTATIVES HON. JOHN W. OLVER Wednesday, June 8, 2005 OF MASSACHUSETTS HON. KEN CALVERT Ms. ZOE LOFGREN of California. Mr. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Speaker, I rise today to recognize Tommy Jernigan for his award of Best Student Light- Wednesday, June 8, 2005 IN THE HOUSE OF REPRESENTATIVES ing Design in the 11th annual High School Wednesday, June 8, 2005 Mr. OLVER. Mr. Speaker, I rise today to Music Theatre HONORS awards in San Jose. recognize the dedication of the Amherst Com- Mr. CALVERT. Mr. Speaker, I rise today to This year, over 25 Bay Area High Schools munity History Mural at West Cemetery. The recognize and honor the late James E. Mizell competed in 10 unique categories. Judges event marks the completion of a community- II for his dedicated service to our country and from the American Musical Theatre were sent wide effort by the Amherst Historical Commis- community. Born in February 1948, in Bakers- to each school to watch and evaluate perform- sion to raise funds and install a mural on the field, Jim was a fourth generation Californian ances. Judges were instructed to evaluate the

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.011 E08PT1 June 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1159 quality of each production and performance, trade barriers rarely increase prices by more HONORING ANN LOWRY MURPHEY while keeping in mind each school’s budget than 10 to 20 percent, drug patents increase and available resources. This annual competi- prices by an average of 300–400 percent above the competitive market price, and in some HON. JIM DAVIS tion awarded four students who reside within cases the increase is more than 1000 percent. OF FLORIDA California’s 16th district. Simple calculations suggest that the dead- IN THE HOUSE OF REPRESENTATIVES Tommy is a student from Live Oak High weight efficiency losses from patent protec- Wednesday, June 8, 2005 School. He won the Best Student Lighting De- tion are roughly comparable in size to the sign award for his work in ‘‘Fiddler on the amount of research currently supported by Mr. DAVIS of Florida. Mr. Speaker, I rise in Roof’’. the patent system—approximately $25 billion honor of Ann Lowry Murphey, a tireless public The High School Music Theatre HONORS in 2004. Projections of rapidly rising research servant who lost her struggle with cancer last awards promote artistic creativity in a way that costs, and therefore a growing gap between month. price and marginal cost, imply that the Ann truly left no stone unturned in her quest is vital to a youth’s development. The perform- deadweight loss due to drug patents will ex- ances that these youth stage are extremely to improve the Tampa Bay community. She ceed $100 billion a year by 2013. energetically led a host of charitable and com- labor intensive, and promote discipline, team As economic theory predicts, government work, and dedication. High School Performing granted patent monopolies lead not only to munity organizations, and in attempting to Arts programs are generally underfunded and deadweight efficiency losses due to the gap highlight Ann’s causes, any tribute will inevi- have been greatly reduced in recent years. I between the patent protected price and the tably fail to recognize all of her contributions. A faithful servant of God, Ann was a long- recognize the hard work, time, and energy that competitive market price, but also to a vari- ety of other distortions. Among these distor- time parishioner and member of the vestry of these students and teachers put into these tions are: St. John’s Episcopal Church. A supporter of productions. (1) Excessive marketing expenses, as firms the arts, Ann was active with The Tampa Phil- I am proud to stand here today and recog- seek to pursue the monopoly profits associ- harmonic and The Museum Society at the Uni- nize Tommy for his accomplishments. I urge ated with patent protection—data from the versity of Tampa. As a successful business- him and all students to continue to take inter- industry suggests that marketing costs are woman, she served on the board of First Citi- est in the performing arts. currently comparable to the amount of money spent on research; (2) wasted research zens Bank and Barnett Bank of Tampa and as f spending into duplicative drugs—industry Vice President of Murphey Capital. Ann FINANCING DRUG RESEARCH: data indicates that roughly two thirds of re- worked on the Judicial Nominating Commis- WHAT ARE THE ISSUES? search spending goes to developing duplica- sion for the 13th Circuit and was on the board tive drugs rather than drugs that represent of governors of the Greater Tampa Chamber qualitative breakthroughs over existing of Commerce. And Ann never just participated drugs; (3) the neglect of research that is not HON. DENNIS J. KUCINICH in any activities—she was a supreme doer OF OHIO likely to lead to patentable drugs; (4) con- cealing research findings in ways that im- and always a leader. IN THE HOUSE OF REPRESENTATIVES pede the progress of research, and prevent Throughout her years, she was president Wednesday, June 8, 2005 the medical profession and the public from and Sustainer of the Year of The Junior becoming aware of evidence that some drugs Mr. KUCINICH. Mr. Speaker, I would like to League of Tampa, president of the Lowry may not be effective, or could even be harm- Family Foundation and served on the board of bring the following article to the attention of ful. my colleagues. The article details the reasons directors for The H. Lee Moffitt Cancer Center In addition, the patent system for financ- & Research Institute. And in 1992, for all her that the U.S. pays excessively high prices for ing prescription drug research poses large prescription drugs. The Free Market Drug Act and growing problems in an international hard work, the Tampa Civitan Club gave her gets at the heart of the problem outlined context. Disputes over patent rules have in- the Citizen of the Year Award. But above all these contributions, Ann will below. creasingly dominated trade negotiations. Furthermore, problems of enforcement have be best remembered for her work on behalf of [From the Center for Economic and Policy persisted even after agreements have been children—in particular, her efforts to transform Research, Sept. 21, 2004. reached. These problems are likely to worsen The Children’s Home. Whether she was serv- FINANCING DRUG RESEARCH: WHAT ARE THE through time, as the pharmaceutical indus- ing as the organization’s president of the ISSUES? try seeks to increase the amount of money it board of directors, chairwoman of the board of extracts from other countries through pat- (By Dean Baker) trustees, associate director or director of de- EXECUTIVE SUMMARY ent rents. This paper examines four alternatives to velopment, Ann was constantly working not Rising drug prices are placing an ever larg- the patent system: only to improve the quality of care that The er burden on family budgets and the econ- (1) A proposal by Tim Hubbard and James Children’s Home provides, but also to spend omy. The Center for Medicare and Medicaid Love for a mandatory employer-based re- as much time as she could with the children Services estimates 2004 expenditures at $207 search fee to be distributed through inter- billion (more than $700 per person), and who depend on these services. For all her ef- mediaries to researchers (Love 2003); (2) A forts, it was fitting that last year Voices for projects that annual spending will grow to proposal by Aidan Hollis for zero-cost com- more than $500 billion by 2013 (more than pulsory licensing patents, in which the pat- Children chose Ann as the first recipient of its $1,600 per person). The immediate cause of ent holder is compensated based on the rated Guardian Angel Award. high drug prices is government granted pat- quality of life improvement generated by the Through all her work, Ann was an ent monopolies, which allow drug companies drug, and the extent of its use (Hollis 2004); unstoppable, passionate force for change. to charge prices that are often 400 percent, (3) A proposal by Michael Kremer for an auc- There were no bounds to her compassion and or more, above competitive market prices. tion system in which the government pur- generosity. She was truly a blessing to the Patent monopolies are one possible mecha- chases most drug patents and places them in whole community. nism for financing prescription drug re- the public domain (Kremer 1998); and (4) A search. Rapidly increasing drug costs, and On behalf of all of those who benefited so proposal by Representative Dennis Kucinich greatly from her tireless efforts, I would like to the economic distortions they imply, have to finance pharmaceutical research through led researchers to consider alternative mech- a set of competing publicly supported re- extend my deepest sympathies to Ann’s loved anisms for financing drug research. This search centers (Kucinich 2004). ones. Ann shared so much with us. We can paper outlines some of the key issues in eval- All four of these proposals finance pre- only try to follow in her footsteps and do our uating patents and other mechanisms for fi- scription drugs in ways that allow most best to live up to her very high standards. nancing prescription drug research. It then drugs to be sold in a competitive market, f assesses how four proposed alternatives to without patent monopolies. These proposals the patent system perform by these criteria. also would eliminate many of the economic HONORING MS. BETTY B. The most obvious problem stemming from distortions created by the patent system. MICHALIGA patent protection for prescription drugs is These proposals, along with other plausible the huge gap it creates between the cost of alternatives to the patent system, deserve producing drugs and the price. In addition, serious consideration. Current projections HON. JAMES P. MORAN to making drugs unaffordable in many cases, for drug spending imply that patent sup- OF VIRGINIA high drug prices also lead to enormous eco- ported prescription drug research will lead to IN THE HOUSE OF REPRESENTATIVES nomic inefficiency. ever larger distortions through time. For Wednesday, June 8, 2005 Patent monopolies cause economic distor- this reason, it is important to consciously tions in the same way that trade tariffs or select the best system for financing prescrip- Mr. MORAN of Virginia. Mr. Speaker, I rise quotas lead to economic distortions, but the tion drug research, not to just accept the today to honor Ms. Betty B. Michaliga, a resi- size of the distortions are far greater. While patent system due to inertia. dent of Virginia’s 8th Congressional District

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.016 E08PT1 E1160 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 that I am proud to represent. Ms. Michaliga and possibility. If the patent system allows permanent injunction would, in turn, cause the has contributed greatly to our high quality of questionable patents to issue and does not alleged infringer to lose the substantial invest- life in Northern Virginia. Specifically, she has provide adequate safeguards against patent ment made in the allegedly infringing business distinguished herself with exceptionally meri- abuses, the system may stifle innovation and or product. torious achievements in public service to this interfere with competitive market forces. While we may question their motives, we do Nation by serving the United States Army for This bill represents our latest perspectives not question the right of patent trolls to sue for over thirty-four years. in an ongoing discussion about legislative so- patent infringement, obtain damages, and In 1971, Ms. Michaliga began her superior lutions to patent quality concerns, patent litiga- seek a permanent injunction. However, the career as a United States Army Civil Service tion abuses and patent harmonization. We issuance of a permanent injunction should not employee in the Headquarters, United States have considered the multitude of comments be granted automatically upon a finding of in- Army Corps of Engineers. Because of her received on prior patent bills as well as the fringement. Rather, when deciding whether to demonstrated abilities, she moved in 1983 to more recent subcommittee print. We acknowl- issue a permanent injunction, courts should the Army Secretariat in the Office of the Dep- edge that the problems are difficult and, as weigh all the equities, including for example, uty Assistant Secretary of the Army (Installa- yet, without agreed-upon solutions. It is clear, the ‘‘unclean hands’’ of the patent trolls, the tions and Housing), Assistant Secretary of the however, that introduction of this legislation failure to commercialize the patented inven- Army (Installations and Environment). Cur- will focus and advance the discussion. It is tion, the social utility of the infringing activity, rently Ms. Michaliga is a Program Analyst re- also clear that the problems with the patent and the loss of invested resources by the in- sponsible for developing and monitoring the system have been exacerbated by a decrease fringer. After weighing the equities, the court legislative process and Congressional report- in patent quality and an increase in litigation may still decide to issue a permanent injunc- ing requirements for Army installations. abuses. With or without consensus, Congress tion, but at least the court will have ensured Throughout her career, Ms. Michaliga has must act soon to address these problems. that the injunction serves the public interest. provided outstanding advice, and sound pro- Thus, we introduce this bill in the beginning Section 7 accomplishes this goal. Section 8 allows the Director of the USPTO fessional judgment on significant issues that of this Congress with the intent of framing the to establish regulations limiting the cir- affected both the Army and the Congress. Her debate and with every intention of passing leg- cumstances under which a patent applicant islation in the 109th Congress. actions and counsel were invaluable to Army may file a continuation application. Unfortu- leaders as they considered the impact of im- The bill contains a number of initiatives de- signed to improve patent quality, limit litigation nately, current practice guiding continuation portant issues, and her dedication to accom- applications is prone to abuse. There are lim- plishing the Army’s mission has been extraor- abuses, and harmonize U.S. patent law with those of foreign countries, thereby ensuring ited restrictions specifying the circumstances dinary. Mr. Speaker, Ms. Michaliga has been under which an applicant can broaden the that patents are positive forces in the market- a truly outstanding career civil servant and will claims described in the patent application and place. I will highlight a number of them below. be missed by the United States Army. still retain the original filing date. This practice f Section 3 alters the conditions for patent- ability. Currently, the U.S. grants patents to may enable the applicant to claim the priority THE PATENT ACT OF 2005 whomever is ‘‘first to invent.’’ The bill amends rights to another’s invention by appropriating this standard so that the ‘‘first inventor to file’’ that new invention as an expansion of the claims in the original application. By author- is entitled to the ownership of a patent. This HON. HOWARD L. BERMAN izing the Director to change current policy on distinction encourages inventors to file imme- OF CALIFORNIA continuation applications, the bill tasks the diately, enabling the invention to enter the IN THE HOUSE OF REPRESENTATIVES PTO with tackling current abuses in the appli- public realm more quickly. Additionally, this Wednesday, June 8, 2005 cation process. modification will bring U.S. patent laws into Section 9 creates a post-grant opposition Mr. BERMAN. Mr. Speaker, today I join harmony with the patent law in many foreign procedure. In certain limited circumstances, Representative SMITH (TX), BOUCHER, GOOD- countries. opposition allows parties to challenge a grant- LATTE, LOFGREN and SCHIFF in introducing the Section 6 addresses the unfair incentives ed patent through an expeditious and less Patent Act of 2005 (PA Act). Introduction of currently existing for patent holders who indis- costly alternative to litigation. In addition, Sec- this legislation follows the acknowledgment by criminately issue licensing letters. Patent hold- tion 9 provides a severely needed fix for the multiple sources that the current patent sys- ers frequently assert that another party is inter partes re-examination procedure, which tem is flawed. The release of the Patent and using a patented invention and for a fee, offer provides third parties a limited opportunity to Trademark Office’s Twenty-First Century Stra- to grant a license for such use. Current law request that the PTO Director re-examine an tegic Plan, the Federal Trade Commission’s does little to dissuade patent holders from issued patent. The current limitations on the report entitled ‘‘To Promote Innovation: the mailing such licensing letters. Frequently these inter partes re-examination process restricts its Proper Balance of Competition and Patent letters are vague and fail to identify the patent utility so drastically that it has been employed Law and Policy,’’ the National Research Coun- being infringed and the manner of infringe- only a handful of times. Section 9 increases cil’s compilation of articles ‘‘A Patent System ment. In fact, the law tacitly promotes this the utility of this re-examination process by re- for the 21st Century’’ and an economic anal- strategy since a recipient, upon notice of the laxing its estoppel provisions. Further, it ex- ysis of patent law in a book titled Innovation letter, may be liable for treble damages as a pands the scope of the re-examination proce- and Its Discontents all speak to the challenges willful infringer. Section 6 addresses this situa- dure to include redress for all patent applica- facing the patent system today. These ac- tion by ensuring that recipients of licensing let- tions regardless of when filed. counts make a number of recommendations ters will not be exposed to liability for willful in- Section 10 permits patent examiners, to for increasing patent quality and ensuring that fringement unless the letter specifically states consider certain materials within a limited time patent protection promotes, rather than inhib- the acts of infringement and identifies each frame submitted by third parties regarding a its, economic growth and scientific progress. particular claim and each product that the pat- pending patent application. Allowing such third Consistent with the goals and recommenda- ent owners believes have been infringed. party submissions will increase the likelihood tions of those reports, the PA Act contains a Section 7 is designed to address the nega- that examiners are cognizant of the most rel- number of provisions designed to improve pat- tive effect on innovation created by patent evant ‘‘prior art,’’ thereby constituting a front- ent quality, deter abusive practices by unscru- ‘‘trolls.’’ We have learned of countless situa- end solution for strengthening patent quality. pulous patent holders, and provide meaning- tions in which patent holders, making no effort Other provisions include an expansion of ful, low-cost alternatives to litigation for chal- to commercialize their inventions, lurk in the prior user rights, publication of all application lenging the patent validity. Additionally, the PA shadows until another party has invested sub- at 18 months, limitation on the calculation of Act begins to harmonize U.S. patent law with stantial resources in a business or product damages to the value of the invention, and those of foreign countries. that may infringe on the unutilized invention. changes to the duty of candor defense and I firmly believe that robust patent protection The patent troll then steps out of the shadows elimination of the best mode requirement. promotes innovation. However, I also believe and demands that the alleged infringer pay a When considering these provisions together, that the patent system is strongest, and that significant licensing fee to avoid an infringe- we believe that this bill provides the com- incentives for innovation are greatest, when ment suit. The alleged infringer often feels prehensive reform necessary for the patent patents protect only those patents that are compelled to pay almost any price named by system to achieve its primary goal of pro- truly inventive. When functioning properly, the the patent troll because, under current law, a moting innovation. patent system should encourage and enable permanent injunction issues automatically The Chairman of the Subcommittee on inventors to push the boundaries of knowledge upon a finding of infringement. Issuance of a Courts, the Internet and Intellectual Property,

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.020 E08PT1 June 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1161

Mr. SMITH, deserves credit for bringing these American Cancer Society, more than 1,500 ty and supports the designation of June 5th to issues to the forefront through numerous hear- Americans die of cancer everyday. Cancer June 11th as Sun Safety Week. ings on patent quality. In addition, I would es- screening allows for the detection of cancer in Skin cancer is the most commonly occurring pecially like to thank Congressman BOUCHER its earliest form, when the cost of treatment is cancer in the U.S. and 90 percent of all skin with whom I have been working on patent re- the least. cancers can be attributed to the sun. This year form for the past few years. Also deserving of Many advances have been made, but the it’s estimated that there will be 1.3 million skin thanks are the many constitutional scholars, key to survival is early detection. It is esti- cancer cases in the U.S., exceeding the num- policy advocates, private parties, and govern- mated that the rate of survival would increase ber of breast, lung, prostate and colon cancers ment agencies that continue to contribute their from 80 percent to 95 percent if all Americans combined. time, thoughts, and drafting talents to this ef- participated in regular cancer screening. By More alarming is that 50 percent of lifetime fort. I am pleased that, finally, at least a con- providing increased access to screening pro- exposure to UV light occurs during childhood sensus has emerged among the various col- cedures, the Cancer Screening Coverage Act and adolescence, and it can take less than 1O laborators in support of the basic ‘‘post grant would help save the lives of many Americans minutes for a child’s skin to burn. Failing to opposition’’ approach embodied in the legisla- from this deadly disease. take appropriate steps such as using sun- tion. This bill is the latest iteration of a process f screen, wearing protective clothing, and lim- we started over four years ago. iting sun exposure can have serious and REGARDING JOYCE McMILLIN AND Though we developed this bill in a highly deadly consequences, especially for children. HER LEGACY TO THE TRI-CITIES collaborative and deliberative manner, I do not Practicing sun safe behaviors during childhood COMMUNITY want to suggest that it is a ‘‘perfect’’ solution. is the first step in reducing the chances of get- Thus, I remain open to suggestions for ting skin cancer later in life. amending the language to improve its efficacy HON. DOC HASTINGS A new survey released on Monday by the or rectify any unintended consequences. OF WASHINGTON nonprofit Sun Safety Alliance shows a 12-point As I have said previously, ‘‘The bottom line IN THE HOUSE OF REPRESENTATIVES decline in the percentage of Americans who in this: there should be no question that the Wednesday, June 8, 2005 report using sunscreen when outdoors, from U.S. patent system produces high quality pat- 72 percent to 60 percent. Mr. HASTINGS of Washington. Mr. Speak- ents. Since questions have been raised about H. Res. 169 recognizes that skin cancer is er, I rise today to pay tribute to Joyce whether this is the case, the responsibility of highly preventable and urges parents to prac- McMillin, a constituent of mine who dedicated Congress is to take a close look at the func- tice good sun safety for their children, which so much of her time and energy to honoring tioning of the patent system.’’ High patent will dramatically reduce its risk. quality is essential to continued innovation. the brave men and women who have served our Nation in uniform. Honoring. our veterans I urge the entire House to vote yes on this Litigation abuses, especially those which thrive important Resolution. on low quality patents, impede the promotion was a priority for Joyce—as it should be for all of the progress of science and the useful arts. Americans. f Thus, we must act during the 109th Congress Along with her husband Tom, who himself is to maintain the integrity of the patent system. a veteran of the Korean War, Joyce made it RECOGNIZING LIVE OAK HIGH f one of her final missions in life to create a me- SCHOOL ORCHESTRA morial to those who have fought to protect our PERSONAL EXPLANATION Nation. It is because of her vision, hard work and perseverance that the Regional Veterans HON. ZOE LOFGREN HON. PATRICK J. KENNEDY Memorial now stands in Kennewick’s Colum- OF CALIFORNIA OF RHODE ISLAND bia Park. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Creating the Regional Veterans Memorial Wednesday, June 8, 2005 Wednesday, June 8, 2005 was not an easy process. After coming up with the idea, Joyce and Tom had to sell their Ms. ZOE LOFGREN of California. Mr. Mr. KENNEDY of Rhode Island. Mr. Speak- vision to the community, secure a location and Speaker, I rise today to recognize the Live er, on the evening of June 7, I missed 3 roll- raise the funds necessary to build it. Oak High School orchestra for its award of call votes. Tragically, Joyce lost her battle with cancer Best Student Orchestra in the 11th annual It was my intention to vote: ‘‘yes’’ on rollcall shortly before the Regional Veterans Memorial High School Music Theatre HONORS awards No. 228, H. Con. Res. 44—Recognizing the ribbon cutting ceremony, which she had orga- in San Jose. historical significance of the Mexican holiday nized. I recently had the opportunity to visit This year, over 25 Bay Area High Schools of Cinco de Mayo; ‘‘yes’’ on rollcall No. 229, the Memorial, and it is an impressive and fit- competed in 10 unique categories. Judges H. Res. 282—Expressing the sense of the ting monument to American soldiers—past from the American Musical Theatre were sent House of Representatives regarding mani- and present. It is a special place for current to each school to watch and evaluate perform- festations of anti-Semitism by United Nations and future generations to reflect on the sac- ances. Judges were instructed to evaluate the member states and urging action against anti- rifices made by those who have served in our quality of each production and performance, Semitism by United Nations officials, United Armed Forces. This Memorial is truly Joyce while keeping in mind each school’s budget Nations member states, and the Government McMillin’s legacy to the Tri-Cities. Our commu- and available resources. This annual competi- of the United States. nity is a better place because of her. tion awarded four students who reside within f I would like to conclude by noting how California’s 16th district. INTRODUCTION OF CANCER proud I am to live in a community that is so The Live Oak High School Orchestra is con- SCREENING ACT committed to our veterans. I commend the ducted by Greg Bergantz. Live Oak High McMillin family, the Tri-Cities Memorial Com- School won the Best Student Orchestra award mittee and everyone who helped make the for its performance in ‘‘Fiddler on the Roof’’. HON. CAROLYN B. MALONEY The High School Music Theatre HONORS OF NEW YORK new Regional Veterans Memorial a reality. awards promote artistic creativity in a way that IN THE HOUSE OF REPRESENTATIVES f is vital to a youth’s development. The perform- Wednesday, June 8, 2005 RECOGNIZING THE IMPORTANCE ances that these youth stage are extremely Mrs. MALONEY. Mr. Speaker, today I am OF SUN SAFETY labor intensive, and promote discipline, team reintroducing the Cancer Screening Coverage work, and dedication. High School Performing SPEECH OF Act, a bill that will ensure that a greater num- Arts program’s are generally underfunded and ber of Americans are covered for breast, cer- HON. ANNA G. ESHOO have been greatly reduced in recent years. I vical, prostate, and colorectal cancer screen- OF CALIFORNIA recognize the hard work, time, and energy that ing. This legislation will increase the access to IN THE HOUSE OF REPRESENTATIVES these students and teachers put into these cancer screening exams for patients of private productions. insurance and the Federal Employees Health Tuesday, June 7, 2005 I am proud to stand here today and recog- Benefits plan. Ms. ESHOO. Madam Speaker, I’m proud to nize the Live Oak High School orchestra for its Cancer is the second leading cause of be an original cosponsor of H. Res. 196, accomplishments. I urge all students to con- death among Americans. According to the which encourages the importance of sun safe- tinue to take interest in the performing arts.

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.025 E08PT1 E1162 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 BIGGER THAN SOCIAL SECURITY should be a powerful argument for moving in modes of transportation should an injury CRISIS this direction in any case, but the possibility occur. I want to thank Mr. BLUNT and Mr. of using the savings to eliminate the pro- jected Social Security shortfall could make STRICKLAND for joining me on this legislation. HON. DENNIS J. KUCINICH the policy even more attractive. Of course, I look forward to working with them along with OF OHIO the savings to the private sector from having the multitude of groups that have made this IN THE HOUSE OF REPRESENTATIVES drugs sold in a free market would be even legislation such a high priority, especially the Wednesday, June 8, 2005 larger than the savings to the federal gov- American Motorcyclist Association and the ernment. Mr. KUCINICH. Mr. Speaker, I wish to bring However, the most important benefit is Motorcycle Industry Council. I urge all of our the following article to the attention of my col- that the FMDA would eliminate the incen- colleagues to join us as cosponsors and stand leagues. This article discusses how the sav- tives that government patent monopolies with America’s riders. ings from creating a truly competitive market create to conceal or misrepresent research findings, as was recently exposed with drugs for prescription drugs, as is proposed by the f Free Market Drug Act, could be used to elimi- like Vioxx and Celebrex. If research is no nate any projected shortfall in Social Security. longer financed by government patent mo- nopolies, the perverse incentives they create IN RECOGNITION OF MRS. The American people demand that we focus will be eliminated. This will lead to better DORETHA WARD KENT ON THE our attention on the very real crisis that the health care, in addition to much lower drug OCCASION OF HER RETIREMENT soaring price of prescription drugs presents to prices. FROM WILSON COUNTY SCHOOLS their daily lives. f [From the Center for Economic and Policy Research, Apr., 2005] THE HIPAA RECREATIONAL IN- HON. G.K. BUTTERFIELD BIGGER THAN THE SOCIAL SECURITY CRISIS: JURY TECHNICAL CORRECTION WASTEFUL SPENDING ON PRESCRIPTION DRUGS ACT OF NORTH CAROLINA (By Dean Baker) IN THE HOUSE OF REPRESENTATIVES EXECUTIVE SUMMARY HON. MICHAEL C. BURGESS President Bush started a national debate OF TEXAS Wednesday, June 8, 2005 on the future of Social Security when he an- nounced his plan for private accounts short- IN THE HOUSE OF REPRESENTATIVES Mr. BUTTERFIELD. Mr. Speaker, I rise ly after the November election. In order to Wednesday, June 8, 2005 today to honor an outstanding American cit- promote his plan, he has argued that Social izen, Mrs. Doretha Ward Kent, on the occa- Security faces a serious long-term funding Mr. BURGESS. Mr. Speaker, I am pleased gap. to join my colleagues Congressman BLUNT sion of her much deserved retirement. For 25 It is easy to show that the projected fund- and Congressman STRICKLAND in introducing years, Doretha Kent faithfully and diligently ing gap for Social Security is relatively legislation that would prohibit insurers from de- served in various capacities with the Wilson minor. The Social Security trustees esti- nying payment to health plan participants for County School System and as a community mate that the gap over the program’s 75-year injuries sustained while engaged in certain volunteer. planning period is equal to 0.6 percent of recreational activities like horseback riding or GDP over this period. The non-partisan Con- motorcycling. Mrs. Kent was one of three daughters born gressional Budget Office (CBO) estimates to William and Dora Ward of Stantonsburg, this gap at 0.4 percent of GDP. By compari- In January 2001, the Department of Labor, son, the increase in annual defense spending the Internal Revenue Service and the Health North Carolina. She attended Springfield High since 2000 has been equal to 1.0 percent of Care Financing Administration, issued a rule in School and then further pursued her education GDP, more than 1.5 times the size of the accordance to the Health Insurance and Port- at Wilson County Technical Community Col- shortfall projected by the Social Security ability and Accountability Act of 1996 (HIPAA) lege where she received an Associate Degree trustees and 2.5 times as large as the short- that was designed to guard against discrimina- in Computer Technology. fall projected by CBO. tion in coverage in the group health market. Given the size of the projected Social Secu- Mr. Speaker, Mrs. Kent dedicated 20 long rity shortfall it is reasonable to argue that These rules prohibited health plans from deny- ing coverage to people who engage in rec- years of her life as a Teacher’s Assistant at attention should be focused on bigger prob- Wells Elementary School where she nurtured lems. One glaring example is the soaring reational activities like horseback riding and price of prescription drugs, which is impos- motorcycling. However a loophole was created and helped to develop the young minds of ing huge costs on both the private and public that allowed insurers to deny payment for thousands of students. She spent five years sectors. This paper examines the relation- services based upon the source of the injury. as a Media Assistant at Beddingfield High ship between the potential savings from cre- The rule states that: ‘‘While a person cannot School highlighting the positive activities of ating a free market in prescription drugs and be excluded from a plan for engaging in cer- the size of the Social Security shortfall. students. Mr. Speaker, I am certain that both Specifically, it calculates the savings that tain recreational activities, benefits for a par- educational institutions will truly miss the valu- the federal government could accrue in ticular injury can, in some cases, be excluded able services that Doretha Kent provided over Medicare if drug research was publicly fi- based on the source of the injury.’’ A plan the years. nanced and then the resulting patents were could, for example, include a general exclu- placed in the public domain, as proposed in sion for injuries sustained while doing a speci- In addition to being a dedicated public serv- the Free Market Drug Act (FMDA). This fied list of recreational activities, even though ant Mrs. Kent founded NC Love in Action, a would allow prescription drugs to be sold in treatment for those injuries, a broken arm for medical assistance program aimed at helping a competitive market, like other products. By eliminating government imposed patent instance, would have been covered under the disadvantaged citizens of Wilson County. She monopolies, drug prices would decline by ap- plan if the individual had tripped and fallen. is a member of Mt. Zion FWB Church and proximately 70 percent. This loophole creates a situation that is es- serves on the Usher Board and Finance Com- This paper calculates that the savings to pecially unfair to people who ride motorcycles, mittee. the federal government from having drugs horses, snowmobiles, or any other form of mo- sold in a competitive market could reach torized recreation. Millions of Americans enjoy My relationship with Doretha Kent is one of $110 billion annually by 2014. By the end of these activities safely every year within the personal friend and fellow community leader. the period (in 2080) the annual savings would We have worked together for so long in our be equal to 1.2 percent of GDP. The cumu- framework of state laws and utilizing proper lative savings over the 75-year planning hori- safety precautions. Should something extraor- effort to improve the quality of life for all of our zon would be $3.3 trillion (in discounted 2005 dinary occur resulting in an injury, these indi- citizens. I am honored to sponsor this tribute dollars); this is slightly larger than the $3.2 viduals deserve the same consideration when on this occasion. trillion Social Security shortfall projected it comes to their medical expenses as every Mr. Speaker, I ask my colleagues to join by the CBO. In other words, if the federal other American. They should not be denied with me in honoring this great woman of un- government’s savings on prescription drugs payment for health services for the mere fact from the FMDA were attributed to the So- that the injury occurred on horseback or on a compromising moral integrity and devotion to cial Security trust fund, it would be more motorcycle. God and community. Her service to her com- than enough to make Social Security fully munity, the State of North Carolina, and the solvent over its 75-year planning period. The legislation that we are introducing today The enormous potential savings from de- will remove any ambiguity when it comes to United States of America are greatly appre- veloping a free market in prescription drugs participation in certain recreational activities or ciated.

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.031 E08PT1 June 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1163 PERSONAL EXPLANATION anticipated costs in human life and treasure the moral and spiritual values of the Nation. will be, or even what would constitute suc- It is past time to change course. cess. HON. LORETTA SANCHEZ Instead, many of our policymakers seem f OF CALIFORNIA resigned to an open-ended occupation. IN THE HOUSE OF REPRESENTATIVES Former Defense Undersecretary Paul TRIBUTE TO CAPTAIN STEVEN C. Wolfowitz has told Congress that we will be Wednesday, June 8, 2005 there for at least another 10 years. It is com- MILLER, USN Ms. LORETTA SANCHEZ of California. Mr. mon to hear even some who voted against the war say, ‘‘now that we’re there, we have Speaker, on Tuesday, June 7, 2005, I was un- no choice but to stay.’’ HON. KEN CALVERT avoidably absent due to a previous commit- We very much disagree. Calls to maintain OF CALIFORNIA ment. Had I been present and voting, I would the status quo echo the same rationale used have voted as follows: on rollcall No. 228: to keep us in Vietnam. To those who contend IN THE HOUSE OF REPRESENTATIVES ‘‘yes’’ on Final Passage of H. Con. Res 44; on that we would weaken our credibility if we rollcall No. 229: ‘‘yes’’ on Final Passage of H. withdraw, we believe that the Nation’s Wednesday, June 8, 2005 Res. 282. standing would greatly improve if we dem- onstrate the judgment to terminate an un- Mr. CALVERT. Mr. Speaker, I rise today to f wise course. recognize and honor Captain Steven C. Miller, Our continuing presence in Iraq feeds the WITHDRAW FROM IRAQ United States Navy, for his twenty-six years of insurgency and gives the insurgents a cer- active duty service to our country. He is the tain legitimacy in the eyes of much of the Commanding Officer of the Naval Surface HON. BARNEY FRANK world. We know from our own history that armies of occupation are seldom welcome. Warfare Center in Corona, California and will OF MASSACHUSETTS There have been elections in Iraq, and yet retire on June 17, 2005. IN THE HOUSE OF REPRESENTATIVES it remains unclear whether the different po- Captain Miller graduated from the United Wednesday, June 8, 2005 litical, ethnic, and religious factions want to States Naval Academy in 1979. After being work together. Mr. FRANK of Massachusetts. Mr. Speaker, One thing, however, is clear: Washington commissioned as an officer he embarked on one the ablest Members of the current Con- cannot determine Iraq’s destiny. It doesn’t an extraordinary active duty career as a Sur- gress, JIM MCGOVERN, has joined with one of matter how many times Condoleezza Rice or face Warfare Officer. He has deployed the ablest Members in the history of the Con- Donald Rumsfeld visit. It doesn’t matter how throughout the world in support of America’s many soldiers we deploy. The myriad fac- global naval presence and power projection. gress, George McGovern to address the trou- tions in Iraq themselves must display the po- bling issue of Iraq, and they make an eloquent Captain Miller has served as a Surface War- litical will to demand a system of govern- fare Officer on destroyers, frigates and cruis- case—with which I completely agree—that ment that respects the diversity that exists ‘‘the United States must now begin an orderly in their country. ers. He was the Executive Officer of the USS withdrawal of our forces from this mistaken There are no easy answers in Iraq. But we Ticonderoga (CG 47) when she went to war in foreign venture.’’ are convinced that the United States should support of Operation Desert Shield and Desert Mr. Speaker, it is our custom in introducing now set a dramatically different course—one Storm in 1990 and 1991. Captain Miller was that anticipates U.S. military withdrawal hand picked to be the first Commanding Offi- relevant material of this sort into this RECORD sooner rather than later. We should begin to put some gloss on the material entered. In cer of the USS Stethem (DDG 63) when she the discussions now as to how we can bring entered service in 1995. Under his leadership, this case, I feel absolutely no need to do this, our troops home. because the authors—former Senator George The United States should accelerate and the crew of the Stethem earned the coveted McGovern and Congressman JIM MCGOV- pay for the training of Iraqi security forces Battle ‘‘E’’ award for combat readiness in the ERN—do a superb job of explaining why we with the help of Egypt, Jordan, and other first year of the ship’s service. should pull out of Iraq. I will note that I join Arab allies. We can begin drawing down Besides being a true warrior at sea, Captain American forces to coincide with the number Miller has had a distinguished career ashore. them not only in their basic argument, but in of trained Iraqi forces. By that measure, we their note that as ‘‘earlier opponents of the should bring 30,000 of our troops home now. He has served in the office of the Chief of U.S. invasion of Iraq . . . we hoped that our President Bush should consult with the Naval Operations as the Executive Secretary concerns would be proven wrong.’’ None of us current Iraqi government and other Arab na- for Joint Chiefs of Staff Affairs and as the Flag take any joy in the fact that this has worked tions about the necessity for an Arab-led se- Secretary for the Commander Naval Surface out so much worse than the Administration curity force to complement the Iraqis in the Force, U.S. Atlantic Fleet. Following his com- had predicted, but we must draw the con- short term. Again, the United States should mand tour on the USS Stethem, Captain Miller finance this effort. sequences from this mistake and not continue We should also work with the United Na- shaped the future of the Navy’s surface com- with a seriously flawed policy which drains us tions to solicit ideas and assistance from the bat force while working on the program start of financially, costs the lives of our military, and international community on how we can best the DD(X). This new destroyer program will makes the situation in the Middle East worse disengage. lead the Navy into the twenty-first century. rather than better in so many ways. There are no guarantees that militarily Captain Miller has earned a Master’s Degree Mr. Speaker, I ask that the essay by George withdrawing from Iraq would contribute to in National Security Strategy at the Naval War stability or would not result in chaos. On the McGovern and JIM MCGOVERN from the Mon- College and qualified as a U.S. Navy Acquisi- other hand, we do know that under our occu- day, June 6 Boston Globe be printed here. pation the violence will continue. We also tion Professional. [From the Boston Globe, June 6, 2005] know that our occupation is one of the chief I first met Captain Miller when he assumed WITHDRAW FROM IRAQ reasons for hatred of the United States, not command of the Naval Surface Warfare Cen- (By George McGovern and Jim McGovern) only in the Arab world but elsewhere. ter in my district. NSWC, Corona provides Wars are easy to get into, but hard as hell independent assessment and testing and eval- We were early opponents of the U.S. inva- to get out of. After two years in Iraq and the sion of Iraq. Nonetheless, once American loss of more than 1,600 American soldiers, it uation to the fleet on weapons systems and forces were committed, we hoped that our is simply not enough to embrace the status operations and provides quality control for the concerns would be proven wrong. That has quo. tools our Navy uses to fight the Global War on not been the case. We are not suggesting a ‘‘cut-and-run’’ Terrorism. I have come to know him as a The United States must now begin an or- strategy. The United States must continue strong leader who accomplishes the mission derly withdrawal of our forces from this mis- to finance security, training, and reconstruc- and takes care of his people. taken foreign venture. tion. The justification for the war was based on But the combination of stubbornness and Captain Steve Miller has done much to pre- false or falsified information. What had been saving face is not an adequate rationale for serve our way of life. Our country, our Navy initially characterized by the Bush adminis- continuing this war. This is not a liberal or and my community have benefited from his tration as an uncomplicated military oper- conservative issue. It is time for lawmakers selfless service. He is a fantastic example for ation has turned into a violent quagmire. in Washington—and for concerned citizens today’s young people who want to serve their Our leaders underestimated not only the in- across the Nation—to demand that this sad country and for those who dream of attending surgency, but also the deep-rooted ethnic di- chapter in our history come to an end and visions in Iraqi society. not be repeated in some other hapless coun- one of our service academies. He has earned There are no clear answers from the ad- try. my many thanks. I wish him well in his retire- ministration or the Congress on how long The path of endless war will bankrupt our ment from the Navy and all his future endeav- our forces will need to stay in Iraq, what the treasury, devour our soldiers, and degrade ors.

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.035 E08PT1 E1164 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 NEED FOR NATIONAL ‘‘In a country so rich, no one should have more likely to die prematurely than those HEALTHCARE to go without food, water, clothing, shelter, with private health insurance coverage. quality education, and especially health ‘‘There is something inherently perverted care!’’ and fundamentally flawed with a health care HON. DENNIS J. KUCINICH ‘‘People should not be in debt, as I am, system that prides itself as being the best OF OHIO over their medical insurance or bills!’’ and most advanced in the world while at the IN THE HOUSE OF REPRESENTATIVES ‘‘Those commercials about insurance fraud same time allowing 18,000 young people to kill me. I think when you have insurance Wednesday, June 8, 2005 die each and every year from illnesses and and you go to the doctor or hospital thinking diseases that in many cases could be avoided Mr. KUCINICH. Mr. Speaker, on Saturday, you are covered then you get a large bill, with simple preventive treatment. May 21, I had the honor of chairing a citizens that’s the real insurance fraud!’’ ‘‘The time is long overdue to change our hearing on the need for national health care Ian Thompson, a recent graduate of Penn outrageously costly and grossly inefficient which took place in Aliquippa, Pennsylvania. I State University who will soon be losing his health care system to one that meets the health coverage: basic needs of the American public in terms heard testimony from citizens from a wide va- ‘‘Simply put, to say that the current riety of backgrounds including labor, elected of gaining universal, efficient, available, and health care system is failing to meet the affordable access to the highest quality officials, seniors, youth, and physicians and needs of America’s young adults is at best a health care. H.R. 676, the U.S. National health care workers. What I heard powerfully gross understatement. While young people Health Insurance Act goes a long way to- demonstrates the need for fundamental between the ages of 19 to 29 account for a wards accomplishing this very goal. This leg- changes in how America takes care of its peo- mere 15 percent of the U.S. population, they islation would improve and expand upon ple. The hearing clearly showed that the time are disproportionately represented among what older Americans already receive the roughly 45 million Americans who cur- is long overdue to bring our health care sys- through the very successful Medicare pro- rently lack health insurance, accounting for gram to include all U.S. residents. To say it tem up to the same standards that other in- roughly 30 percent according to recent cen- dustrialized countries have enjoyed for years. is needed is an understatement. The current sus figures. These findings have shown that for-profit system of health care must be re- I wish to share some of the testimony I re- young people account for the highest per- placed with one that puts the interests of ceived with my colleagues. centage of uninsured Americans.’’ people first.’’ Carol McMann, a retiree and an active ‘‘Nineteen to 29 year olds represent one of the biggest and fastest growing segments of member of the Steelworkers Organization of f Active Retirees (SOAR) Chapter 2020: the population living day to day without ‘‘I am disappointed and frustrated about health insurance, yet individuals in this age HONORING THE LIFE ACHIEVE- the way our health care system is going in group rarely appear in the national debate MENTS OF JUANA BORDAS the United States. A lot of people do not on health insurance.’’ want national health care, but when you get ‘‘It probably comes as no surprise that one in my situation it would be appreciated!’’ of the largest barriers for young adults in HON. MARK UDALL ‘‘When LTV Steel liquidated and took my seeking health insurance coverage is cost. In OF COLORADO many instances, the price of coverage simply health insurance in the year 2002, it totally IN THE HOUSE OF REPRESENTATIVES left me out in the cold.’’ rises faster than incomes, making it espe- ‘‘I had two choices for health care and the cially difficult for younger people to obtain Wednesday, June 8, 2005 expensive one was the one that I had to take coverage. ‘‘For many younger people, the con- Mr. UDALL of Colorado. Mr. Speaker, I rise because I needed a prescription drug pro- today to pay tribute to Juana Bordas, a leader gram. I had to purchase individual health sequences of going without health insurance care from Highmark Blue Shield/Blue Cross. don’t seem as immediate as cutting back on in Denver’s Hispanic community and a great If I chose an HMO and was accepted, then I grocery bills, losing car insurance, or miss- Coloradan. At a time when immigration is so had a year that I would not be covered for ing a rent or mortgage payment. So they de- hotly debated and in such divisive ways, the pre-existing conditions.’’ cide to take a chance—a calculated risk that story of Juana Bordas is inspiring. ‘‘This individual policy costs me $411.95 a they won’t face a serious and costly health Juana Bordas was born in El Salvador, but month with a $1,000 deductible. It increases crisis—and forgo health coverage for months emigrated to the United States from Nicaragua and often years at a time. Sadly, for many each year in September. Who knows what when she was just three years old. Her par- the total will be in two more years! My hus- this proves to be a devastating gamble. When band and I figured out our total cost for catastrophes hit the uninsured, as they can ents and her seven siblings made a difficult health care each year, including prescription and do to individuals in every age group, journey over many miles in the hull of a ba- drugs, and it came out to more than $10,000. many are left completely buried in massive nana boat! It takes all of my social security just to pay amounts of debt, unable to afford even basic From these humble beginnings, Juana has the premium alone. I am a homemaker!’’ medical necessities. gone on to become one of the most respected ‘‘At the end of the month, we have to ‘‘With the numbers of uninsured Ameri- women in Colorado, not only as a member of watch because if our fixed income is gone, we cans steadily increasing, today’s young peo- ple face the sad prospect of being sicker and the Colorado Women’s Hall of Fame, but also must use our savings again and again. We the National Hispana Leadership Institute. fear it may be gone in the future. To wind less econeconomicallyductive over the this down, we no longer vacation, go on shop- course of their lives. Amid a soft job market From this place of stature, she speaks elo- ping sprees, buy our sons much, or enjoy life and ever increasing insurance costs, many quently of the importance of embracing one’s as before. It has depressed us at times and experts fear that more and more young history—particularly for Latina women and causes us to feel as though my husband adults will forgo medical care altogether. their mothers. Juana said that it was difficult worked for absolutely no reason! He served Research has in fact shown that it is a com- as a child to be poor and dark-skinned. She in the Army and also the Reserves. Our mon practice among uninsured young people acknowledges that there were times as a child to go to a doctor less often and later into an health care just meant everything to us in that she was embarrassed to know that her our retirement. Just everything! illness, often ending up with so many other ‘‘We feel this administration and other countless uninsured Americans in hospital mother only achieved a fifth grade education, elected leaders will not fix this problem. Ev- emergency rooms for conditions that easily mothered eight children and worked in the caf- eryone in this country now is just expected could have been treated at an earlier time. eteria of Juana’s elementary school. She says to take care of themselves.’’ Those who argue that younger adults are that the shame she once felt for her mother’s Mike Sabat, an unemployed Anchor Hock- an age group that does not have the same history has now become a great source of ing worker whose son Mikey suffers from au- health needs as other segments of the popu- pride. The tremendous courage and sacrifice lation simply have not been paying attention tism: her mother exhibited have been the foundation ‘‘Whatever happened to the American to the facts. Younger adults have the highest dream of hard work at a good job with med- number of annual visits to emergency rooms for her children to lead a better life. Juana ical benefits? Now we have to ask employers each year (usually from injuries). They ac- calls this ‘‘servant leadership.’’ She makes the what kind of medical insurance they offer, count for a third of new HIV diagnoses. And point that instead of looking at her mother’s how much it costs, and then deal with an nearly four million pregnancies occur in experience as subservient, it really embodies endless assortment of HMOs, PPOs, and man- women in their 20s every year. The results of the qualities of a true leader: hard work, driv- aged care and third-party administrators. a lack of insurance for young people are ing purpose, courage and dedication to a And don’t forget the eye care, dental, truly shocking and should act as a wake-up cause greater than one’s own self-interest. call to the consciences of Americans from orthotics, and mental health coverage. It Those qualities should be admired, embraced seems like we have been working all our across the political spectrum. The Institute lives just for our medical benefits!’’ of Medicine estimates that 18,000 young and emulated as young Latinas strive to ‘‘I am laid-off again at the present time, adults die each year because they lack achieve their goals. From my vantage point, however, a union contract saved my medical health insurance to cover their problems. the example of Juana’s mother—and Juana’s insurance for four months.’’ Additionally, uninsured adults are 25 percent own life—are truly inspiring.

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.039 E08PT1 June 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1165 In the early 1970s Juana Bordas started the The Bush Administration has not been sup- more to help save an entire continent encom- MiCasa Resource Center for Women in Den- portive of the IFF, which it views as incompat- passing over 700 million people. That is what ver which continues to this day to help low-in- ible with U.S. Congressional budgetary rules. I call making our money count, and the legacy come Latinas and youth with job training and However, while aspects of the IFF proposal of such an effort will yield immeasurable bene- life skills. As President of a multicultural con- may be problematic, the necessity for in- fits for Africa, and the world as a whole. sulting firm, Mestiza Leadership International, creased aid to Africa is not in question. At cur- Again, I thank Mr. Blair for his bold and am- she travels the country developing diversity in rent assistance rates, Sub Saharan Africa will bitious vision, and I pray that our country will the workforce. She has said that, ‘‘my mission unquestionably fall short of the Millennium De- be able to stand with him in making it a reality. is to help with the birth of a multi-cultural na- velopment Goals to cut poverty on the con- tion.’’ She notes how Latinos in other coun- tinent in half by 2015. As such, Blair’s call for [From the New York Times, June 8, 2005] tries are heads of government and industry, further aid to the continent is merited. CRUMBS FOR AFRICA and believes that there is no reason why it To its credit, the Bush Administration has should be different here in the United States. substantially increased aid to Sub-Saharan Af- President Bush kept a remarkably straight Juana served with the Denver Election Com- rica, which amounted to around $3.2 billion in face yesterday when he strode to the micro- mission to register more voters and to put her 2004. Though this ranks the U.S. among the phones with Britain’s prime minister, Tony world leaders in total African assistance, we Blair, and told the world that the United beliefs into practical effect. Today, Latino lead- States would now get around to spending ers are emerging in public office as never be- still trail much of the industrialized world in the $674 million in emergency aid that Congress fore. Thoughtful and hard-working people like amount of aid we give as a percentage of had already approved for needy countries. Juana Bordas have helped to pave this path GDP. In addition, large amounts of the Bush That’s it. Not a penny more to buy treated of progress. Administration’s; aid pledges to Africa have mosquito nets to help save the thousands of Juana Bordas reminds of us of something been slow in coming. For example, the $4 bil- children in Sierra Leone who die every year that should be important to every American. lion committed to the region under the Millen- of preventable malaria. Nothing more to Each of us owes an enormous debt to the nium Challenge Account has yet to actually be train and pay teachers so 11-year-old girls in strength and courage of families who sac- delivered in earnest. Indeed, a June 8th Op- Kenya may go to school. And not a cent more to help Ghana develop the programs it rificed for their children in order to realize the Ed in New York Times entitled ‘‘Crumbs for needs to get legions of young boys off the American dream. Our country was founded by Africa’’ describes just how much more we can streets. such people, and that continues to be our do. greatest strength. As a successful business On Tuesday, the Bush Administration an- Mr. Blair, who will be the host when the G– nounced that the U.S. will provide $674 million 8, the club of eight leading economic powers, woman, Juana Bordas has given an immeas- holds its annual meeting next month, is try- urable amount back to our community in time, in additional famine assistance to Africa this ing to line up pledges to double overall aid skill, wisdom, and by simply being a role year from funds already appropriated by Con- for Africa over the next 10 years. That extra model. It is with great admiration that I ask my gress. While this is to be commended, Prime $25 billion a year would do all those things, colleagues to join me in honoring Juana Minister Blair is pushing for a broad, long-term and much more, to raise the continent from Bordas, a great American success story and a effort to help Africa’s economy get on its feet, dire poverty. Before getting to Washington, woman worth knowing and learning from. I not just emergency food aid. He also wants Mr. Blair had done very well, securing wish her continued success in the future. G–8 countries to commit new money for Africa pledges of large increases from European Union members. f rather than reallocating funds already ear- marked for foreign assistance. It is my hope According to a poll, most Americans be- BUSH AND THE G–8 AGENDA that the Administration will work with its G–8 lieve that the United States spends 24 per- partners in the coming weeks to arrive at a cent of its budget on aid to poor countries; it HON. CHARLES B. RANGEL more substantial and comprehensive aid pack- actually spends well under a quarter of 1 per- cent. As Jeffrey Sachs, the Columbia Univer- OF NEW YORK age for Africa. sity economist in charge of the United Na- IN THE HOUSE OF REPRESENTATIVES While the issue of increased aid will be dif- tions’ Millennium Project, put it so well, the ficult, the related goal of debt relief is very at- Wednesday, June 8, 2005 notion that there is a flood of American aid tainable, as long as all parties involved dedi- going to Africa ‘‘is one of our great national Mr. RANGEL. Mr. Speaker, the current state cate themselves to that outcome. Both Prime myths.’’ of the African continent has been an ongoing Minister Blair and Finance Minister Brown The United States currently gives just 0.16 issue of concern for policy makers in this have voiced optimism about the prospects for percent of its national income to help poor country and elsewhere. As the rest of the reaching G–8 agreement on the issue. The countries, despite signing a United Nations world is reaping the rewards of development, U.S. and other G–8 members already agree in declaration three years ago in which rich Africa seems to be sinking deeper into a principle on 100 percent debt relief for Africa’s countries agreed to increase their aid to 0.7 health and poverty crisis. poorest nations, but the exact formula for how percent by 2015. Since then, Britain, France In pursuit of a solution, British Prime Min- the debt will be cancelled is still being re- and Germany have all announced plans for ister Tony Blair met with President Bush at the solved. how to get to 0.7 percent; America has not. White House yesterday to discuss next The U.S. is calling for a simple write-off of The piddling amount Mr. Bush announced yesterday is not even 0.007 percent. month’s Group of Eight (G–8) summit. Specifi- the debt, while Britain and others have called cally, the two men discussed Prime Minister for the debt to be paid off, so as to replenish What is 0.7 percent of the American econ- Blair’s ambitious plan to bring a historic com- the resources of the International Develop- omy? About $80 billion. That is about the bination of debt relief, trade concessions, and amount the Senate just approved for addi- ment Banks. Among other things, Blair advo- tional military spending, mostly in Iraq. It’s aid to the African continent. cates selling a portion of International Mone- not remotely close to the $140 billion cor- A major component of the plan would entail tary Fund (IMF) gold reserves to help pay off porate tax cut last year. a large increase of aid payments to Africa to the debt. Whatever the mechanism, Africa This should not be the image Mr. Bush around $25 billion annually, before increasing needs debt relief as soon as possible. Many wants to project around a world that is in- to $50 billion annually within three to five African countries are crippled by debt burdens tently watching American actions on this years. This would be in-line with the UN’s goal that in some cases consume nearly 40 per- issue. At a time when rich countries are to have industrialized nations allocate 0.7 per- cent of their annual budgets. It is thus impera- mounting a noble and worthy effort to make cent of their GDP to development assistance. tive that negotiations on this issue continue. poverty history, the Bush administration is While Mr. Blair’s exciting proposal should be President Bush now has a golden oppor- showing itself to be completely out of touch applauded, agreement as to how it will be tunity to join with Prime Minister Blair and by offering such a miserly drop in the buck- achieved is still awaited. other members of the G–8 in helping to estab- et. It’s no surprise that Mr. Bush’s offer was greeted with scorn in television broadcasts Mr. Blair and British Finance Minister Gor- lish a new era for Africa. Such an opportunity and newspaper headlines around the world. don Brown argue that the aid should be fund- is unprecedented in Africa’s post colonial his- ‘‘Bush Opposes U.K. Africa Debt Plan,’’ ed through a mechanism they call the ‘‘Inter- tory. To turn back now would be more than blared the headline on the AllAfrica news national Finance Facility’’ (IFF). The IFF would shameful. service, based in Johannesburg. ‘‘Blair’s raise aid funds by issuing bonds on world cap- The United States has already spent nearly Gambit: Shame Bush Into Paying’’ chimed in ital markets. The IFF bonds would be backed $200 billion on the war in Iraq—a country of The Sydney Morning Herald in Australia. by a promise from the G7 economic powers to 26 million people. Prime Minister Blair is call- The American people have a great heart. repay them after 2015. ing on us to now spend a few billion dollars President Bush needs to stop concealing it.

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JN8.042 E08PT1 E1166 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 A TRIBUTE TO MIKE PFANKUCH HONORING THE VOLUNTEERS OF Deluca, Frank DeRoberts, Peter DeStefano, THE BATTLESHIP NEW JERSEY Klaus Dewedoff, Hugo Di Bona, John A. HON. RANDY ‘‘DUKE’’ CUNNINGHAM Diblasio, Phil Diciano, Jerry T. Dickinson, OF CALIFORNIA HON. ROBERT E. ANDREWS Charles Dieterich, David J. Dimarzio, Frances IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY E. Doak, Anne Dobbs, Welford L. Dolbow, Wednesday, June 8, 2005 IN THE HOUSE OF REPRESENTATIVES Roger Doll, William J. Domzalski, Joe Don- nelly, Jerry M. Donovan, John M. Dorosky, Mr. CUNNINGHAM. Mr. Speaker, I rise Wednesday, June 8, 2005 Gail Dougherty, Paul Dougherty, Sara Dough- today in recognizing the outstanding achieve- Mr. ANDREWS. Mr. Speaker, I rise today to erty, Bob Downs, Joseph F. Drebes, Bill ments of Mike Pfankuch, the outgoing presi- honor the volunteers of the USS New Jersey, Dreisbach, Joseph Duffin, Joseph J. Dugan, dent of the Carlsbad Hi-Noon Rotary Club. In which is located in my district in Camden, New Esther Duke, James J. Duross, Linda Duross, this 2004–2005 service, Mike has contributed Jersey. The ship has been open to the public James J. Dziemian, Joseph V. Dzurenda, Don enormously and made a tremendous dif- since 2000 and is our Nation’s most decorated Ebert, Robert L. Eboch, Jr., Dick Edwards, ference to the Rotary Club and the citizens of battleship, having heroically served in three Erik C. Efsen, Jen E. Efsen, Walter Eife, Chris Carlsbad. major conflicts: World War II, Korea, and Viet- D. Eme, Lawrence J. Engel, Harry E. Mike’s accomplishments are many and var- nam. Engleman, Nicholas Erisman, Mayer Falk, Jo- ied. Under his guidance, the Rotary Club has The volunteers of the USS New Jersey are seph Falker, Vincent Falso, Louis J. completed and dedicated its three-year Cen- responsible for many things on the ship, in- Fantacone, Peter Fantacone, Paul A. Farber, tennial Project, the Carlsbad Hosp Grove Pic- cluding restoration and maintenance, giving Dan Farrell, Dave Farren, Joe A. Fassano, Al- nic Area. The project included a cleanup of tours, clerical work, and educating the commu- bert Faulkner, Paul D. Fazekas, Thomas J. the grove, the planting of 1,000 trees and the nity about the ship and its history. Volunteers Fee, Joseph Fillmyer, Kara Fillmyer, Conor donation of picnic tables and benches, a very work 7 days a week, rain or shine, and have Finnegan, William Finnegan, Jr., Allen P. Fish- welcome amenity to the city. logged over 300,000 hours of volunteer time. er, George A. Foglia, Frank Foord, George In addition, the Second Annual Hi-Noon Ro- In 2000, they won the Governor’s Vol- Fore, Reita Forsythe, Elenor Forsythe, Wayne tary golf tournament fundraiser was success- unteerism Award for their extraordinary work. G. Fox, Harry Frank, Ron Frantz, Michael D. fully completed and the funds dedicated to Below are the names of the dedicated vol- providing scholarships to local high school stu- Frazer, Woody Freeman, Bruce Frey, Bj unteers of the USS New Jersey: dents, a Rotaract Club has been established, Frullo. Mike Aaron, Edward Adams, Harry Aharon, Millicent Frye, Bill Fuentes, Gene F. and the Annual Oktoberfest fundraiser spon- Edwina Alber, John Alberta, Ricardo Alciniega, Furmanski, Robert Furmanski, Charles Galla- sored in conjunction with the Carlsbad Craig Allen, Adam M. Allibone, April Allstaedt, gher, Ted Gallagher, Philip Galluccio, Rolland Evening Rotary Club completed a record year. Bob Allstaedt, Joshua Allstaedt, Ryan Garber, George Gasper, Christine Gaudet, The 26,000 of proceeds was donated to the Allstaedt, Tyler Allstaedt, Anthony Altadonna, Steve Gava, Douglas G. Gehring, Bernie Women’s Resource Center, the Boys and David M. Ambrosio, Frank C. Annaloro, The- Gelman, Philip J. Gentile, George Gershefski, Girls Club of Carlsbad and Community Youth resa E. Annaloro, Ricardo Arciniega, Carl A. Services. The Oktoberfest was a project origi- Hoot Gibson, Frank Gilbert, Matt Gilbert, John Arzillo, Gus W. Augustin, William Bacon, John nally initiated by the Hi-Noon Rotary Club. J. Gildea, Albert Giumetti, Michael Mike’s leadership is also making a dif- P. Bader, William J. Baehr, Christina Baessler, Glauberman, John P. Goheen, Art Gordon, ference to people in need of a helping hand. Arlene Baker, Cameron M. Balaban, Charles Jack P. Gordon, Bob Gramigna, Lee H. Gray, He initiated a program to provide financial aid B. Ball, Sam Ballinger, Thomas Banit, Elaine Dane J. Greene, Peter Greene, Charles to the Store Front, a San Diego organization Barnes, Clifford Barr, Albert Beatty, Don R. Gronek, Joe Groppenbacher, James Grossi, dedicated to helping homeless children get a Beck, John C. Becker, Harry P. Becky, Pat A. Rachael Grossman, John Grunwald, Scott fresh start in life. During Mike’s tenure a num- Becky, Frances Bender, Paul A. Benner, Sam Gunt, Edward Grygo, Edward A. Haas, Bruce ber of other projects were completed which Bennett, Bill Berman, Art Beyer, Jim Bibbo, Haegly, William H. Hague, Kathleen Haines, enhanced public safety, provided volunteers Bob Bieber, Ed Bilger, Randy K. Binter, Bill Patricia A. Haines, Arthur Hall, Paul Halter, and supplies to do maintenance and repair Bittner, Richard J. Blash, William Blazer, Mi- Sandy Halo, Charles Hamilton, Edward J. work for the elderly and needy in the commu- chael K. Boggess, Peter Bomm, Abel Boney, Hamilton, Jim Hamilton, William H. Hamilton, nity, to distribute food, clothing and toys to David Boone, Steven A. Borkowski, Cathy Dick Hammond, Ivan B. Hancock, William P. needy families in conjunction with he Carlsbad Bosley, Charles Bosley, Tom E. Boughton. Hansche, Paul D. Hanson, Tom R. Hanson, Christmas Bureau, and sponsored a Christ- Mike R. Bowser, Joe Boyle, Fred Branyan, Paul Hanstein, Kenneth Hardcassel, Fred mas party and dinner for elementary school Norm Branyan, Frank J. Brennan, Robert Harron, Walter Haswell, Ken J. Hattrick, Wal- children of very low income families. Bretz, Ralph A. Bringhurst, Steven A. ter Hause, John C. Heacock, Chris F. Heller, During Mike’s tenure, in an effort to promote Bromhead, Eric A. Brown, Kimberly A. Brown, Ebe Helm, William Helmetag, Tom Helvig, literacy, a Dictionary Distribution program was Rob Brown, Robert Brown, William V. Brown, Greg Henderson, Kevin Henry, Elmer initiated and the Carlsbad Hi-Noon Rotarians Jr., Harry V. Bryant, Dave Buchanan, David R. Heppard, Charles A. Higgins, William H. Hig- distributed English and Spanish dictionaries to Burgess, Margaret D. Burgess, Charles Burns, gins, Art T. Hilkert, Arthur Hill, John B. Hinds, needy elementary school children. Walt Burshtin, Dan Bush, Brian L. Callahan, John Hoban, Martin J. Hoffman, Stan On the international front, Mike also pro- Peggy F. Caltabiano, Joseph Campbell, Jeff- Hojnacki. vided extraordinary leadership by establishing ery L. Cantor, Earl M. Cargen, Jose Caringal, Eugene F. Holben, Gary Holden, Gary A. a Model UN Program, exposing high school Paul Carman, Robert W. Carmint, Jr., Mark B. Hollenbaugh, Carl R. Holmstrom, George students to world affairs, led the way to pro- Carney, Eugene V. Carr, Lauren Carter, Carol Holston, William Holstrom, Robert Homan, vide sponsors for exchange students from for- Cassel, Robert Cassel, Fred Cassentino, Fred Honigman, Joseph A. Hopkins, John R. eign countries, initiated and obtained an AIDS Edwin Cassidy, Jr., Richard A. Castro, Robert Horan, Robert Houck, Ursula Houser, Glenn Education Program grant, initiated an aid pro- Catando, Michael Cauto, Tony Cellucia, Stuart E. Hughes, Jerold Humphreys, George Hunt, gram for the victims of the tsunami in South- L. Chalkley, Edward Cheeseman, Kurt E. Carl S. Hyde, Spud Ignatius, Thomas J. east Asia, and provided the leadership nec- Cheesman, William Chew, Frank Chiacchio, Jaskel, Philip S. Jaworskj, William R. Jensen, essary to provide financial assistance for den- Merwyn B. Claaria, Edward R. Clark, Jeff David M. Jimick, Charlie Johnson, R. Kevin tal care and a dental clinic for the needy chil- Cochrane, Ronald B. Cohen, Anita Collings, Johnson, James E. Jones, Robert Jones, dren of Honduras. In addition, during his ten- Joseph Collins, Russell Collins, Gary Conover, Harry L. Josephsen, Willaim Jubb, Ruben E. ure a partnership project was established with Ken Conte, Ted Cooper, George A. Corbeels, Kafenbaum, Roland Kane, Cheryl L. Kaplan, a Rotary Club in Ensenada, Mexico to provide Larry A. Cote, Arthur Covello, Utta Covello, Ted J. Katz, Dennis Kauffmann, Ed Keenan, water, electricity, plumbing and painting, a Joseph R. Cramer, Robert Creamer, Pat William Kehler, Glen W. Kelley, Richard project that will benefit approximately 1,000 Crespo, Virgil R. Crider, Gary Crispin, John D. Kellum, John F. Kelly. people. Croghan, Stewart Cross, David W. John R. Kelty, Brian Kerrigan, Karen Mr. Speaker, I hope you will join me in rec- Cunningham, Michael Cutrera, Wayne Dahl, Kersch, Kenneth E. Kersch, Ruth Keser, Al ognizing the many fine achievements of Mike Bob A. Daniels, Tony Dawson, Bob Day, Kidder, Edith Kinesky, Bill Kinsky, Chet W. Pfankuch. Without question, his leadership David Deaner, Patrick C. Dechirico, Gennaro Klabe, Robert W. Koch, Arnold B. Kohler, Mar- and the fine work of the Carlsbad Hi-Noon Ro- DeFrancesco. tin Kokoska, Matthew Kokoska, Edward Kolbe, tary Club are worthy of recognition by the Skip Deglavina, Michael Del Pidio, Robert Ed Komczyk, Christian M. Kraft, Walter Krilov, House today. Delconte, Dominador DelRosario, Tony Robert L. Krukowski, Raymond A. Kuehner,

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.046 E08PT1 June 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1167 Joe Kulesa, Sam Kuncevich, Paul M. Kupiec, Walter Seitz, Kevin Sekula, Sharon Seybold, Hodgkin’s disease and Askin’s sarcoma. Ben G. Kyler, Bob LaVine, Lydia LaVine, Rochelle Shakti, Robert Shea, Joseph Shields, Given his unique life experience, Sean has a Frank Laber, Nan L. Lacorte, Howard Joel Shusterman, Alfred R. Signor, Frederick sense of purpose unusually focused for a Lafianza, Jim Lafianzia, Raymond J. G. Siler, Harry Silvers, Richard L. Silvers, Do- young man. Sean decided to climb Mount Ev- Lavanture, Jack W. Ledeboer, Skip Leeson, lores Silvestri, Adam Simkins, Brian Simmons, erest in part to prove that people facing can- Bill Leibfrid, Elizabeth Lerch, Fred Lesser, Joanne M. Simmons, Harry J. Simonini, Bill cer can survive and go on to accomplish Aaron D. Levitsky, Dennis Levitt, William Smart, David Smith, Mary Smith, Ronald things most people never even think to try. Lewis, William Linder, Bruce T. Lindstrom, Smitherman, Daniel Soldano, Lon Somora, When setting out to plan his trip, he said Nancy Lobel, Bob C. Locke, Janet Locke, Jo- Dick Sowers, Ted J. Speer, Kelly S. Spina, ‘‘most of the outfitters told me that there’s no seph Lodovico, Art Lohan, Bruce R. Charles V. Spinetta, Claire Spinetta, Neil E. way they would take a one-lung, two-time can- Lomonaco, Charles W. Long, George Lopresti, St. Clair, Jr., Richard J. Stafanick, Carmine cer survivor lunatic up the highest mountain in Juergen E. Lorenz, Milton H. Lowe, William G. Staino, James Standiford, Joseph Stalter, Jeri the world.’’ Once he was actually on the Lutz, Alfred J. Lynch, Dale Lynch, George R. Stephens, David Stephnowski, Charles Stew- mountain he says, ‘‘the sherpas were kind of Macculloch, Joseph W. Macmillan Chris. W. art, Ed Stewart, John Stickney, John Stolarik, scared too because in Nepal there is no such Macready, James T. Maher, John Makara, William Stokes, Brian Stoner, Brian Stower, thing as a cancer survivor.’’ Chet K. Malik, James Malloy, Vincent Mancini, Bill Stroup, Dennis Strasser Sr., Robert E. Sean Swarner is the only known cancer sur- Larry G. Margulis, Patrick Marion, Craig W. Straub, Lee Sturgell, Sharlene S. Sullivan, Wil- vivor to reach the summit of Mt. Everest. He Martin, Marji Martin, Edward Martino, Tony liam Sullivan, Jack E. Surline, Wayne J. has also climbed Aconcagua in Argentina, Mt. Martorana, Richard F. Maska, Norman G. Mat- Surline, Fred Sutherland, Alex Svincov, Claire Elbrus in Russia and Mt. Kilimanjaro in Africa. hews, Calvin B. Mattson, Warren Mattson, M. Svitak, Richard E. Svitak, John M. He hopes to complete the ‘‘adventure grand Richard L. Mauger, Dave May, Pat McBride. Sweeney, Leona L. Sweeney, Martin slam’’ which means summiting the highest Gerald McCloskey, John McClernan, Todd Swiiecicki, Stephen S. Swift, Paul T. Syers Jr., peak on each of the seven continents and vis- McConnell, Tom McCorkell, Robert G. Stan Szumel, Stanley Szumel, Irv Tannen- iting the North and South Poles. McCord, Doug McCray, Hugh McElroy, Leslie baum, Gabriel Tatarian, Jim J. Taylor, Ken Sean visits young people with cancer after McGeoch, John F. McGranahan, Gene Temme, Robert Teti, Terry A. Thayer, Dudley each of his climbs and during his training. McLaughlin, Jean McLaughlin, Dennis Thomas, Paul A. Thomas, Charles F. Thomp- McMichael, Jack McNally, Jacki McPhee, Paul While this is tremendously rewarding because son, Mary Thompson, Richard G. Thrash Jr., it lifts their spirits, it is also very difficult be- M. McPike, Allan McVey, Michael Meaney, Vera H. Tierno, Michael J. Timothy. Richard W. Meanor, Duane Meller, David A. cause he is so familiar with what the kids are Paul J. Tine, Robert Titus, Cal S. Tobias, going through. Still, his example gives them a Mellish, Bernadette Menna, Matthew L. Merry, Theresa Tonte, George Townsend, Jesse Frank V. Mevoli, Edward Miller, Donald A. Mil- role model who has conquered what they are Trace, Christopher M. Troche, Ed Troche, Don going through and hopefully gives them inspi- ler, Gary H. Miller, James Miller, John L. Mil- Trouland, Don Trucano, John H. Truman, ler, William R. Miller, John (Jack) Mills, John ration to believe that they too can conquer the Thomas Underwood, Walt Urban, Richard mountains before them. Mills, Barney M. Milstein, Joe Moloney, Susan Valenzuela, Charles F. Vaughan, William Monsour, Calvin Moon, Martin C. Mooney, Sean Swarner’s courage and kindness are Vaughan, Victor Vergara, Bill Vets, Elaine M. qualities to which we should all aspire. I ask James R. Moore, David Morales, Joe Moran, Vets, Paul Viens, Howard A. Villalobos, Rich- Robert F. Moritz, Frank Morrone, Harvey D. my colleagues to join me in paying tribute to ard Vojir, Anson J. Wager Jr., Barry Wagner, Sean Swarner—a great climber, Coloradan Morton, Daniel Muckel, Dave Mull, David I. Don M. Walker, Martin Waltemyer, Rob Wal- Mullan, Joseph A. Mullan, Marta A. Mullan, and human being. I wish him continued suc- ters, Dennis Walton, Larry Ward, Frank Wat- cess on his future climbs. Jack F. Muller, Lewis Murchison, Timothy M. son, Bruce J. Weaver, Ashlyne M. Webb, Murphy, Thomas A. Muskett Jr., Larry S. David R. Webb, James Webb, Thomas f Natelson, Deandre Nelson, Christopher Weber, Richard Wedman, Charles Weiss, Dick NEW YORK’S CARIBBEAN COMMU- Newcombe, Max R. Newhart, Paul Niessner, Weiss, Robert Werner, Roy West, Robert NITY—CONCERNS AND OPPORTU- Ernest Ng, Don Noonan, Ronald Noreen, Westcott, David Wetherspoon, Robert M. NITIES Frank J. Obermeier, Frank S. O’Keefe, Whomsley, Kenneth Wiegand, Mary Wiegand, Charles T. Olinda, Kenneth J. Olivier, Walter Thomas H. Wilkie, Bill Will, Bruce A. Williams, E. Olkowski, Charles O’Neill, Frank O’Neill, HON. CHARLES B. RANGEL Carl A. Williams, Roger Willig, Michael D. Joan O’Rourke, Frances Orzechowski, Larry OF NEW YORK Wills, James Wilson, Wayne A. Wilson, Dan J. Otreba, Richard R. Palazzo, Peg Palmer, IN THE HOUSE OF REPRESENTATIVES Windfelder, John J. Windfelder, Joseph George H. Parks Iii, Robert D. Patrick, Aj J. Wojciechowski, Gary Wolf, Carl Woodcock, Wednesday, June 8, 2005 Patten. John M. Pavek, Keith Pavulak, Adam Paz, Bob Wright, Steven Wright, Bryan H. Young, Mr. RANGEL. Mr. Speaker, on Friday, June Bruce Penny, John J. Percy, Joe Perno, Dave John Yurkow, Larry Zack, Art Ziemer, Barbara 3rd I had the pleasure to attend an event J. Perone, John Perry, Richard P. Pietrow, Zimmerman, Michael Zimmerman, Richard sponsored by Bronx Borough President Adolfo Charles Pine, Albert Piong, Walt Piotrowski, Zimmermann, and Charles A. Zingrone. Carrion Jr., NY CaribNews, and the Bronx Tony Pizzi, Ernest G. Posner, Bruce Powell, f Overall Economic Development Corporation. The event was entitled Caribbean NYC: The Earl Preis, Jeannette R. Priestley, Louis A TRIBUTE TO SEAN SWARNER Priestley, Larry Pyle, Pat Quinn, John Future is Today, and it brought together hun- Quinesso, Roy F. Radil, Jim Ramentol, Frank HON. MARK UDALL dreds of individuals to discuss issues of impor- Randolph, Dave M. Ratcliffe, Susan Ratcliffe, tance to New York’s ever-growing Caribbean OF COLORADO Howard Reed, Marie D. Reimel, Michael community. IN THE HOUSE OF REPRESENTATIVES Renish, Camilo M. Reyes, Walter G. Ribeiro, Issues such as immigration policy, entrepre- Mark H. Richardson, Norma L. Rightler, Chris Wednesday, June 8, 2005 neurship, and Caribbean natural disaster re- G. Robinson, Adam Roch, Alexander Mr. UDALL of Colorado. Mr. Speaker, I rise lief, were discussed at the event and served to Rodriguez, Glenn T. Roggio, Kevin Rooney, today to honor Sean Swarner, a fellow climber remind those in attendance of the ties that Andrew C. Roppoli, Michael Rosado, Ed and an enormously courageous young man. bind the Caribbean population of New York, Rosenheim, Marie Rossi, Ted Roth, James When he was just 13 years old, Sean was and the opportunities that we have yet to ex- Rothman, Norman C. Roton, John Rowey, diagnosed with Hodgkin’s disease and was ploit. Ronald Ruban Sr., Joseph K. Rubino, Jon Ru- given a mere three months to live. With his Without question, the New York City area dolph, Harry Ruhle, Maria Rumil, John Ryan, family’s support, prayer, and resolute deter- holds the largest Caribbean population in the Lois A. Ryan, Aldo Saggese, Mary A. Sam- mination, he beat the disease. Just one year United States. The metro area boasts approxi- son, Eric Saperstein, John F. Saracen, Kris- later, doctors found a golf-ball sized tumor in mately 1.5 million Spanish Caribbean resi- tine Sawaya, James D. Scamuffa, William his right lung. The diagnosis was Askin’s sar- dents, including nearly 900,000 Puerto Ricans, Sahacht, Henry Schafer, David Schmidt, Ray- coma. This time, doctors gave him just two and 600,000 Dominicans. According to the mond Schnapp, Alfred C. Schneider, Barbara wees. Again, he beat back the disease with CUNY Albany, the Dominican population alone B. Schneider, Wayne H. Schofield, Alfred his tremendous resolve. Still, the cancer left grew over 70 percent from 1990–2000. The Schuler, Ralph Schwank, Don T. Schwendt, him with just one functioning lung. New York area also encompasses more than Howard B. Scott, George Seaman, Allan Sean Swarner is now 30 years old. He is 800,000 residents from the English-speaking Segal, Jason Seiberlich, William M. Seiberlich. the only person known to have survived both Caribbean, a population which grew over 40

VerDate Aug 04 2004 06:50 Jun 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JN8.048 E08PT1 E1168 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 2005 percent in the last decade. In New York City the U.S. continues to help the Caribbean in its Today, the use of the HemCon Bandage is itself, three of the top five immigrant groups development objectives. Equally important is considered standard treatment for severe are from the Caribbean: Dominican Republic the ability of the Carribbean to keep its bor- hemorrhaging, and it is being used by the mili- (Ist), Jamaica (3rd), Guyana (4th). ders secure in the post 9–11 environment. tary to save the lives of our brave men and Though Caribbean New Yorkers may speak With these countries burdened by slow eco- women in Afghanistan and Iraq. It is also with different accents and languages, and nomic development, and annual crises arising being used by first responders in emergency have cultural practices unique to each, they all from natural disasters, they will be increasingly medical situations to control blood loss. share a desire to succeed in this country. hard pressed to invest in the border security Jonathan Swift wrote, ‘‘Discovery consists of Their unbreakable work ethnic and entrepre- measures which hold implications for them seeing what everybody has seen and thinking neurial spirit has provided a cornerstone for and United States. what nobody else has thought.’’ Dr. Kenton our city’s growth and success for more than The United States must also continue to Gregory and Dr. Bill Wiesmann are a testa- half a century. help the Caribbean wage the war against HIV/ ment to this statement. Through their re- This entrepreneurial spirit can be found AIDS, as the epidemic in the region continues search, they have taken a natural product that throughout our city. One example is the story to grow. Infection rates are among the highest had been overlooked for too long and used it of Lowell Hawthorne, and the ‘‘Golden Krust‘’ outside of sub-Saharan Africa, and an esti- in a revolutionary new way. Because of their food franchise. The company, which special- mated 430,000 people in the region are living efforts, lives have already been s