October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23255 HOUSE OF REPRESENTATIVES—Thursday, October 20, 2005

The House met at 10 a.m. the Federal leave transfer program for disas- CONGRATULATING NATIONAL The Chaplain, the Reverend Daniel P. ters and emergencies. LEAGUE CHAMPION HOUSTON Coughlin, offered the following prayer: S. 1894. An act to amend part E of title IV ASTROS Lord God, all the times and seasons of the Social Security Act to provide for the making of foster care maintenance payments (Mr. GENE GREEN of Texas asked are in Your hands because all is fixed to private for-profit agencies. by You in the laws of nature. and was given permission to address The message also announced that But through natural disasters, Lord, the House for 1 minute and to revise pursuant to Public Law 109–59, section many people have recently suffered and extend his remarks.) 1909(b)(2)(A)(vi), the Chair, on behalf of great losses due to hurricanes and Mr. GENE GREEN of Texas. Mr. the Democratic Leader, appoints the earthquakes. Have mercy on them all. Speaker, I rise this morning to con- following individuals to serve as mem- Even as we continue to pray and assist gratulate the Houston Astros, the bers of the National Surface Transpor- those already afflicted and in great tation Policy and Revenue Study Com- major league baseball team which last need, we now are aware of another ap- mission: night defeated the St. Louis Cardinals proaching storm named Wilma. Francis McArdle of New York. to earn the right to go to the 2005 Lord, help all those who prepare for Tom R. Skancke of Nevada. World Series. This is the first World the worst. In their fear and anxiety Series for the City of Houston and the keep them safe, law abiding, and com- f first World Series for the State of passionately concerned for others. Texas. The Astros and the Texas Rang- Lord, steer this storm away from our ANNOUNCEMENT BY THE SPEAKER ers were founded in 1962 and 1961 re- shores, and let Your powerful Word The SPEAKER. The Chair will recog- spectively. calm the sea and bring to Your people nize up to 10 one-minutes on each side. Also, first congratulating the team a sigh of relief. This we hope and pray by calling f for its hard work and dedication, I upon Your Holy Name. Amen. want to express thanks to our owner REDUCING COSTS IN MEDICARE Drayton McLane, who has been a tre- f AND MEDICAID SPENDING mendous asset to the City of Houston. THE JOURNAL (Mr. MURPHY asked and was given It was an honor to work closely with him on the Harris County Sports Au- The SPEAKER. The Chair has exam- permission to address the House for 1 thority to build what is now Minute ined the Journal of the last day’s pro- minute and to revise and extend his re- Maid Park to replace the historic ceedings and announces to the House marks.) Houston Astrodome. his approval thereof. Mr. MURPHY. Mr. Speaker, 80 per- Pursuant to clause 1, rule I, the Jour- cent of the Nation’s total medical care I want to salute Tal Smith, who is a nal stands approved. costs, including Medicaid expenditures, great part of the Astros’ organization are spent in the treatment of chronic since the beginning when they were the f conditions such as diabetes, arthritis, Colt 45’s. As the President of Baseball PLEDGE OF ALLEGIANCE and cardiovascular disease. Chronic Operations, he has been an integral The SPEAKER. Will the gentleman disease often involves multiple diag- part of the entire organization. from Texas (Mr. GENE GREEN) come noses, hospitalizations, tests, and The Houston Astros do not have one forward and lead the House in the treatments. All of this is expensive and of the highest payrolls in baseball, so Pledge of Allegiance. complex, and as health care costs soar the fact that they are now in the World Mr. GENE GREEN of Texas led the we can save lives and money using bet- Championship is a tribute to our gen- Pledge of Allegiance as follows: ter patient management. eral manager Tim Purpura and also our I pledge allegiance to the Flag of the Under patient care management manager Phil ‘‘Scrap Iron’’ Garner, United States of America, and to the Repub- plans, patients are monitored by nurses who actually played for the Astros lic for which it stands, one nation under God, to coordinate their complex care, mon- years ago. It is good to have him back indivisible, with liberty and justice for all. itor prescription use, watch out for home. f problems, and empower patients to get involved in their own care. Money Many of the 2005 National League MESSAGE FROM THE SENATE spent up front dramatically lowers Champion Houston Astros are products of our minor league farm system, not A message from the Senate by Ms. health care costs and, most impor- high-priced free agents, including the Curtis, one of its clerks, announced tantly, improves patient outcome. winner of last night’s game, Roy that the Senate has passed with an A patient management program at Oswalt. The Astros were the best team amendment in which the concurrence the Washington Hospital in south- in baseball for the month of July and of the House is requested, a bill of the western Pennsylvania taught patients never looked back. Now they are the House of the following title: to self-manage their disease through diet, lifestyle changes, medication best team in the National League and H.R. 3204. An act to amend title XXVII of look forward to taking on the White the Public Health Service Act to extent Fed- monitoring, and depression screening. eral funding for the establishment and oper- The result has been a remarkable 50 Sox in the 2005 World Series, Mr. ation of State high risk health insurance percent decrease in hospital readmis- Speaker. pools. sion rates. In addition we have a lot of home- The message also announced that the I urge my colleagues to learn more grown talent. Craig Biggio, Jeff Senate has passed bills of the following about reducing costs in Federal Medi- Bagwell, Roger Clemens and Andy titles in which concurrence of the care and Medicaid spending through Pettitte, again, are some of our great House is requested: better patient care management pro- players along with the whole team. S. 1736. An act to provide for the participa- grams by visiting my Web site at mur- Again, congratulations, and I yield tion of employees in the judicial branch in phy.house.gov. back my time Mr. Speaker.

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.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23256 CONGRESSIONAL RECORD—HOUSE October 20, 2005 ANNOUNCING PREMIER OF Americans. But I would like to think I thank my colleagues for the oppor- ‘‘HUMAN TRAFFICKING’’ ON that we can also come to this floor and tunity to honor and celebrate the life LIFETIME TV NETWORK celebrate a joyous family of great ball of this wonderful woman. (Mr. SMITH of New Jersey asked and players in a city that has longed for a f winner in American baseball history. was given permission to address the REPUBLICAN BUDGET CUTS House for 1 minute and to revise and And, yes, founded in 1962, the Houston Astros have won the place to play in (Ms. KILPATRICK of Michigan asked extend his remarks.) and was given permission to address Mr. SMITH of New Jersey. ‘‘Do you the World Series. And so I say: Go Astros. And I say thank you to a great the House for 1 minute.) think it is possible when you have lost Ms. KILPATRICK of Michigan. Mr. your humanity to ever find it again?’’ city of fans, Houston, Texas, to the Drayton McLane family. Mr. and Mrs. Speaker, this week we were to take up So asks Helena, a fictitious but all the Republican leadership budget bill McLane and their children have been a too real human trafficking victim from that would have cut student loans, wonderful addition to Houston. They Prague after describing how she was rural and agricultural programs, love their team, they love their city. raped and abused to ICE law enforce- LIHEAP low energy assistance pro- To their staff, to the pitching staff like ment agent Kate Morozov, played bril- grams, and other major programs in liantly by Academy Award-winning ac- Clemens and Pettite and Oswalt. To our Federal budget that the American tress Mira Sorvino in Lifetime TV Net- Bagwell and Biggio. And, of course, to people depend on. I am happy to report work’s mini series Human Trafficking, all the old players, or they will not at this moment they have postponed to be aired next week. want to be called old but to Enos that legislation just for today. My wife Marie and I have watched Cabell and many others. We want Americans all over to speak the entire trafficking movie last night, We know that we have got a tough up and to contact your Congresspeople. and we were moved to tears by this ex- road ahead to go to the World Series, This is not the time to cut vital human traordinarily accurate portrayal of sex but who can beat a team who was down family programs like student aid, like slavery from the eyes of victims, and on Monday night and came back and rural and agricultural development, the dedicated law enforcement agents won 5–1. All we can say is it is about like food stamps, and like low energy trying to effectuate their rescue. family values. And when I say family assistance programs. Do we have prob- My wife and I and my staff have been values, it is about a family of players lems in America? Yes, we do. But we fighting sex trafficking, Mr. Speaker, who are committed and dedicated to hope our Republican leadership will since the late 1990s, when there was their tasks and who never gave up. not bring a budget resolution forward utter disbelief about whether or not it Houstonians did not give up, Mr. that will further decimate and hurt even existed. Sadly, it does. I would Speaker, and so I am here this morning families. At a time when many manu- note parenthetically that I am the to say: Go Astros. Go Astros. facturing jobs have been lost in Amer- prime sponsor of the Trafficking Vic- f ica, in my own State of Michigan, the tims Protection Act of 2000, a com- highest unemployment State in the HONORING THE LIFE OF MS. prehensive landmark law that provides country, this is not the time to cut BETTY LYNN REAGAN for prevention, protection or victims, vital programs. It is time, though, not and prosecution and incarceration of (Mr. BOOZMAN asked and was given to have a $1.7 trillion cost for a tax cut the traffickers. I also sponsored the permission to address the House for 1 for the wealthiest of Americans. TPVA Reauthorization Act of 2003 as minute and to revise and extend his re- Speak up, America. Let your voice be well as pending Legislation—H.R. 972. marks.) heard. The movie tells the individual stories Mr. BOOZMAN. Mr. Speaker, I rise f today to honor the life of a dedicated of exploited young women and girls SPENDING REDUCTIONS from the Czech Republic, Ukraine, educator, Ms. Betty Lynn Reagan, who Philippines, Romania, Russia, and a 12- passed away earlier this month. For 47 (Mrs. BLACKBURN asked and was year-old girl, an American girl, Annie years, Ms. Reagan taught school in given permission to address the House for 1 minute and to revise and extend Gray, who was abducted by traffickers Rogers, Arkansas. As a former member her remarks.) in Manila. ICE agent in charge Donald of the Rogers School Board and the fa- ther of three daughters who attended Mrs. BLACKBURN. Mr. Speaker, if Sutherland joins Sorvino in bringing House liberals had their way, last year down a powerful but clever sex traf- public schools there, I can personally attest to the impact Ms. Reagan had on we would have spent billions more. I ficking boss and others who use force, want every taxpayer across America to fraud, coercion, and even murder to en- the lives of her students. She was greatly respected in the classroom, in know that it is this Republican leader- slave women. ship and Republican majority that is the education community and the com- It is time, Mr. Speaker, that the ig- talking about spending cuts, spending munity at large. norance, the indifference and com- less, not the Democrats. It is this Re- Throughout her career, Ms. Reagan plicity in human trafficking came to publican majority that is talking about received a number of awards and com- an end. Every year 800,000 people are continued tax relief for hardworking mendations, including induction into trafficked around the world. Millions American families, not the Democrats. more are trafficked intra-country. And the Education Hall of Fame in 1995. You are going to hear the Democrats up to 18,000 are trafficked into the U.S. However, the most notable came in say, well, those Republicans, they each year. Watch this powerful movie 1989, when the community renamed a didn’t invite us to come participate in next week, Lifetime TV, 9 p.m., Mon- school for her and her sister Mary Sue, talking about spending cuts, to talk day and Tuesday. also a long time teacher and out- about reducing Federal spending. Mr. f standing educator. Reagan Elementary Speaker, I hope they will consider this will serve as a reminder for future gen- the invitation: Come join us. We would CONGRATULATING NATIONAL erations of the impact that Betty Lynn love to have all your input and ideas. LEAGUE CHAMPION HOUSTON and Mary Sue Reagan have had on our So from this point on, they can stop ASTROS community. talking about how we need to spend (Ms. JACKSON-LEE of Texas asked Mr. Speaker, Betty Lynn Reagan will more and help us find ways to be better and was given permission to address certainly be missed. However, her leg- stewards and spend less. Let us be the House for 1 minute and to revise acy will live on for generations to frank. The Democrat solution, raising and extend her remarks.) come. Rogers School District Super- taxes, is not a solution. This govern- Ms. JACKSON-LEE of Texas. Mr. intendent Janie Darr summed it up ment does not have a revenue problem. Speaker, there are days that we can best when she said: Because of Betty This government has a spending prob- come to this floor and obviously raise Lynn, the School District and the City lem. Mr. Speaker, we invite them to issues of great concern to America and of Rogers is a much, much better place. join us.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23257 NEED FOR A CHANGE IN WASH- America. So no more abusing the Fed- lines and one that needs to be ad- INGTON (CULTURE OF CORRUP- eral credit card at the taxpayers’ ex- dressed immediately. TION CANNOT CONTINUE) pense; otherwise, pack your tooth- Mr. Speaker, let us act today to in- (Ms. WATSON asked and was given brush, you are out of here. crease this funding before Hurricane permission to address the House for 1 f Katrina claims more victims this win- ter. minute.) H.R. 3966, SLICE ACT Ms. WATSON. Mr. Speaker, the f (Mr. UDALL of Colorado asked and American people want change here in was given permission to address the HELPING MOTHERS SUFFERING Washington, DC. Over the last couple House for 1 minute and to revise and FROM POSTPARTUM DEPRESSION of months, they have seen the head- extend his remarks.) (Mr. RUSH asked and was given per- lines of scandal in the ranks of the Mr. UDALL of Colorado. Mr. Speak- mission to address the House for 1 House and Senate Republican leader- er, we need to change our budget poli- minute and to revise and extend his re- ship. They have seen the continuing cies. We should use the better, the fair- marks.) scandal at the White House that should er, and the more bipartisan approach Mr. RUSH. Mr. Speaker, this morn- lead to the firing of Karl Rove and to spending cuts that would come from ing we learned that a 23-year-old moth- Scooter Libby. They have seen that the passing H.R. 3966. That is a bill I intro- er threw her three children off a pier in President’s cronies are now entrenched duced with the gentleman from Ohio San Francisco killing them all. Appar- in important government agencies and (Mr. CHABOT), the gentleman from Ari- ently she heard voices that told her to some of them are as unprepared for zona (Mr. FLAKE), and the gentle- commit this unthinkable act. their jobs as Michael Brown was at woman from Colorado (Mrs. Mr. Speaker, we do not know yet FEMA. MUSGRAVE). whether this woman suffered from a The American people want to know It is called the Stimulating Leader- most severe form of postpartum dis- when Republicans here in Washington ship and Cutting Expenditures Act, or order known as postpartum psychosis. are finally going to stop doing the bid- SLICE for short. SLICE would require We do know that postpartum depres- ding of the wealthiest elite and start an up-or-down vote on each specific cut sion and psychosis can emerge even a focusing on issues more important to the President proposes in the recently year after a child’s birth. them. They are concerned about an passed transportation bill and current That is why for the last three Con- economy where their paychecks are appropriations bills. It is a workable gresses I have introduced the Melanie not rising as high or as fast as the cost and constitutional alternative to the Blocker Stokes Postpartum Depression of living. They are also wondering how line item veto designed to enable Presi- Research and Care Act, H.R. 1940. My they are going to continue to afford dential leadership and require congres- bill would direct funds to researching their health care premiums, gas for sional accountability. this misunderstood disorder, and it their cars, and heat for their homes in Mr. Speaker, before we cut critical would also provide grants for services the winter. health care, education and other pro- and care for mothers who suffer from They look to Washington and cor- grams that help working Americans, postpartum depression. rectly see that House Republicans let us work in a bipartisan way to con- I urge all of my colleagues in the refuse to even consider their concerns. sider other cuts. Let us pass H.R. 3966 House to cosponsor this important bill. Republicans are simply too busy help- and slice the budget the right way. What happened in San Francisco hap- ing their friends. It is time for a pens way too often in this Nation, and change all right, and Democrats are f we must do what we can to prevent ready to lead by providing creative so- INCREASED FUNDING FOR LIHEAP similar tragedies in the future. The lutions to our Nation’s needs. NEEDED mothers of America desperately need f (Mr. BRADLEY of New Hampshire this Congress to recognize this deadly b 1015 asked and was given permission to ad- malady and pass H.R. 1940. dress the House for 1 minute and to re- f STEALING THE FEDERAL WAY vise and extend his remarks.) (Mr. POE asked and was given per- Mr. BRADLEY of New Hampshire. JUSTICE FOR SADDAM HUSSEIN mission to address the House for 1 Mr. Speaker, I rise today to bring at- (Mr. PITTS asked and was given per- minute and to revise and extend his re- tention to a problem that many Ameri- mission to address the House for 1 marks.) cans are facing as we approach winter: minute and to revise and extend his re- Mr. POE. Mr. Speaker, tattoos, lin- the cost of heating their homes. marks.) gerie, Ozzie Osbourne concert tickets, The U.S. Energy Information Admin- Mr. PITTS. Mr. Speaker, the war on gambling, cruises, exotic dance clubs, istration recently projected that the terror is slow going. In Iraq, suicide prostitutes, and new sports cars. Mem- cost of heating a home this winter, re- bombers and terrorists continue to bers may ask what this list is. No, it is gardless of the type of fuel, will in- spread fear across the Sunni provinces not Larry Flynt’s Christmas wish list. crease dramatically from last year. In in the center of the country. Many of These are examples of purchases made order to counteract this dramatic spike our soldiers have made the ultimate on Federal credit cards by Federal em- in energy costs, we need to increase sacrifice. Some folks here at home ployees for which American taxpayers funding for the Low Income Home En- wonder where the war is going. picked up the bill; they always do. ergy Assistance Program, or LIHEAP. It is important to step back and look Today I have introduced the Govern- It is a tremendously successful pro- at the big picture. Just this week, mil- ment Credit Card Sunshine Act. This gram that enables States to provide lions of Iraqis have once again exer- act is simple. It requires every govern- low-income families with energy as- cised the right to vote, a right denied ment credit card bill to be posted on sistance. them for decades. And yesterday, the the government Inspector General’s In my State of New Hampshire, Tyrant of Baghdad was brought to Web site within 15 days of its use. It LIHEAP funding helps people afford to trial. also states that Federal employees heat their homes and not have to make Two things we take for granted here whose credit card abuse is more than the difficult choices of paying their at home: the right to choose our own $500 shall face immediate dismissal, be rent, of buying food and medications, government and the guarantee of real forced to repay the bill, and sometimes or keeping their homes warm. justice in a court of law. Saddam Hus- return the items. This serious scandal In order to simply meet last year’s sein is at long last standing trial for is stealing and is unacceptable behav- purchasing power, we must increase his crimes against humanity. The ior. We are now going to hold Federal LIHEAP funding by $1.276 billion. This chickens are coming home to roost for employees accountable for ripping off is an issue that crosses State and party those who have painted the past with

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23258 CONGRESSIONAL RECORD—HOUSE October 20, 2005 blood, and the people of Iraq with their often about this important issue in a What have the Democrats done? Over ink-stained fingers are creating a new format and a language designed specifi- the last 3 years they have attempted to tomorrow according to popular will. cally for them. bust the discretionary budget in the No matter how difficult life remains I commend the Century Council and appropriations process by more than in Baghdad and the Anbar Province, Nickelodeon for giving Hispanic par- $60 billion. They hope to finance this the future is now full of hope. ents and children across the Nation by raising taxes on small businesses. Mr. Speaker, we are the good guys in such a valuable communications tool So it is not surprising at a time when this war. We are helping create a better to initiate these critically important we must be watchful of taxpayer dol- world. God bless our troops and the discussions regarding the dangers of al- lars the Democrats have turned to citizens of the new Iraq. cohol. their playbook and called up one of f f their favorites, the old tax and spend. It is time for the Democrats to come ASSISTANCE FOR AMERICA’S NO NEW TAX ON HOMEOWNERSHIP up with a new play. In 1997, 51 Demo- POOR (Mr. GARRETT of New Jersey asked crats had the courage to help Repub- (Mr. MARKEY asked and was given and was given permission to address licans pass the last major entitlement permission to address the House for 1 the House for 1 minute and to revise reform bill. I hope they can find that minute and to revise and extend his re- and extend his remarks.) courage again. marks.) Mr. GARRETT of New Jersey. Mr. Mr. MARKEY. Mr. Speaker, the Re- Speaker, the cost to buy a new home is f publicans have decided not to bring the about to go up in America. Why is bill to the House floor today which that? Because as soon as next week, PROTECTION OF LAWFUL would slash Medicaid, slash programs Congress is about to vote on placing a COMMERCE IN ARMS ACT for student loans, slash programs for new tax on homeownership, a tax that Mr. SENSENBRENNER. Mr. Speak- poor people because many conserv- may well raise the cost for the average er, pursuant to House Resolution 493, I atives say they are not cutting enough American who wants to buy their new call up the Senate bill (S. 397) to pro- programs for poor people, all to protect home. hibit civil liability actions from being tax breaks for the wealthiest Ameri- Years ago, Congress set up Fannie brought or continued against manufac- cans. All to protect tax breaks for the Mae and Freddie Mac with the noble turers, distributors, dealers, or import- wealthiest Americans. And what is the intent to add liquidity to the market- ers of firearms or ammunition for dam- excuse they have used? Hurricane place and help home buyers. But in an ages, injunctive or other relief result- Katrina. about-face, Congress is about to impose ing from the misuse of their products That is why they must cut more pro- a new tax and at the same time fail to by others, and ask for its immediate grams for poor people, because they do address an inherent flaw in the current consideration. not want to cut the tax cuts, and now system. The Clerk read the title of the Senate they want to delay because Hurricane Mr. Speaker, legislation before the bill. Wilma is on the way, and the Repub- House would allow Fannie Mae and The text of the Senate bill is as fol- licans are saying, Let us wait until the Freddie Mac to continue to rack up lows: weekend is over and see how big that debt on their balance sheets with no hurricane is, and then we will be able limits. These are the same organiza- S. 397 to cut more programs for poor people, tions that have been wracked with fi- Be it enacted by the Senate and House of Rep- more programs for those most in need nancial accounting scandals, may have resentatives of the United States of America in in our society, rather than touching 1.5 to $1.7 trillion on their balance Congress assembled, those tax breaks for the wealthiest in sheets right now. I say ‘‘may’’ because SECTION 1. SHORT TITLE. our country. no one can get a clear financial picture This Act may be cited as the ‘‘Protection of Lawful Commerce in Arms Act’’. Mr. Speaker, hurricanes are the from these entities. SEC. 2. FINDINGS; PURPOSES. greatest friend conservative Repub- Alan Greenspan has testified to this (a) FINDINGS.—Congress finds the fol- licans ever had to hurt the poorest peo- problem repeatedly, noting that with- lowing: ple in the country and protect the out restriction on the size of the GSE (1) The Second Amendment to the United wealthiest. balance sheets, we put at risk our abil- States Constitution provides that the right f ity to preserve safe and sound financial of the people to keep and bear arms shall not markets in the United States. Amer- be infringed. COMMENDING CENTURY COUNCIL ican homeowners deserve better. We (2) The Second Amendment to the United (Ms. ROS-LEHTINEN asked and was need to help them and not hurt them. States Constitution protects the rights of in- dividuals, including those who are not mem- given permission to address the House f for 1 minute and to revise and extend bers of a militia or engaged in military serv- DEMOCRATS NEED A NEW PLAY ice or training, to keep and bear arms. her remarks.) (3) Lawsuits have been commenced against Ms. ROS-LEHTINEN. Mr. Speaker, I (Ms. FOXX asked and was given per- manufacturers, distributors, dealers, and im- rise on behalf of the Congressional His- mission to address the House for 1 porters of firearms that operate as designed panic Conference to recognize the Cen- minute and to revise and extend her re- and intended, which seek money damages tury Council and Nickelodeon for their marks.) and other relief for the harm caused by the creation of an innovative new program Ms. FOXX. Mr. Speaker, I rise today misuse of firearms by third parties, includ- to educate middle school kids about as a fiscal conservative to set the ing criminals. underaged drinking. record straight that Republicans are (4) The manufacture, importation, posses- sion, sale, and use of firearms and ammuni- The Century Council is a national the party of fiscal discipline. Earlier tion in the United States are heavily regu- not-for-profit organization funded by this year, Republicans passed the budg- lated by Federal, State, and local laws. Such America’s leading distillers to develop et that cut $100 billion from the deficit. Federal laws include the Gun Control Act of and implement programs designed to What did Democrats do? They refused 1968, the National Firearms Act, and the combat drunk driving and underaged to vote for the budget, another act in Arms Export Control Act. drinking. their play of obstruction. (5) Businesses in the United States that are The Congressional Hispanic Con- Republicans have recommended 98 engaged in interstate and foreign commerce ference has teamed up with Century programs be terminated for a total sav- through the lawful design, manufacture, marketing, distribution, importation, or sale Council and Nickelodeon to launch ings of more than $4.3 billion. And to the public of firearms or ammunition Ask, Listen, Learn: Kids and Alcohol under Republican leadership, domestic products that have been shipped or trans- Do Not Mix. The program helps adults discretionary spending is currently on ported in interstate or foreign commerce are and children communicate early and track to be below last year’s levels. not, and should not, be liable for the harm

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23259 caused by those who criminally or unlaw- SEC. 3. PROHIBITION ON BRINGING OF QUALI- (II) any case in which the manufacturer or fully misuse firearm products or ammuni- FIED CIVIL LIABILITY ACTIONS IN seller aided, abetted, or conspired with any tion products that function as designed and FEDERAL OR STATE COURT. other person to sell or otherwise dispose of a intended. (a) IN GENERAL.—A qualified civil liability qualified product, knowing, or having rea- (6) The possibility of imposing liability on action may not be brought in any Federal or sonable cause to believe, that the actual an entire industry for harm that is solely State court. buyer of the qualified product was prohibited caused by others is an abuse of the legal sys- (b) DISMISSAL OF PENDING ACTIONS.—A from possessing or receiving a firearm or tem, erodes public confidence in our Nation’s qualified civil liability action that is pend- ammunition under subsection (g) or (n) of laws, threatens the diminution of a basic ing on the date of enactment of this Act section 922 of title 18, United States Code; constitutional right and civil liberty, invites shall be immediately dismissed by the court (iv) an action for breach of contract or the disassembly and destabilization of other in which the action was brought or is cur- warranty in connection with the purchase of industries and economic sectors lawfully rently pending. the product; competing in the free enterprise system of SEC. 4. DEFINITIONS. (v) an action for death, physical injuries or the United States, and constitutes an unrea- In this Act: property damage resulting directly from a sonable burden on interstate and foreign (1) ENGAGED IN THE BUSINESS.—The term defect in design or manufacture of the prod- commerce of the United States. ‘‘engaged in the business’’ has the meaning uct, when used as intended or in a reason- (7) The liability actions commenced or given that term in section 921(a)(21) of title ably foreseeable manner, except that where contemplated by the Federal Government, 18, United States Code, and, as applied to a the discharge of the product was caused by a States, municipalities, and private interest seller of ammunition, means a person who volitional act that constituted a criminal of- groups and others are based on theories devotes, time, attention, and labor to the fense then such act shall be considered the without foundation in hundreds of years of sale of ammunition as a regular course of sole proximate cause of any resulting death, the common law and jurisprudence of the trade or business with the principal objective personal injuries or property damage; or United States and do not represent a bona of livelihood and profit through the sale or (vi) and action or proceeding commenced fide expansion of the common law. The pos- distribution of ammunition. by the Attorney General to enforce the pro- sible sustaining of these actions by a mav- (2) MANUFACTURER.—The term ‘‘manufac- visions of chapter 44 of title 18 or chapter 53 erick judicial officer or petit jury would ex- turer’’ means, with respect to a qualified of title 26, United States Code. pand civil liability in a manner never con- product, a person who is engaged in the busi- (B) NEGLIGENT ENTRUSTMENT.—As used in templated by the framers of the Constitu- ness of manufacturing the product in inter- subparagraph (A)(ii), the term ‘negligent en- tion, by Congress, or by the legislatures of state or foreign commerce and who is li- trustment’ means the supplying of a quali- the several States. Such an expansion of li- censed to engage in business as such a manu- fied product by a seller for use by another ability would constitute a deprivation of the facturer under chapter 44 of title 18, United person when the seller knows, or reasonably rights, privileges, and immunities guaran- States Code. should know, the person to whom the prod- teed to a citizen of the United States under (3) PERSON.—The term ‘‘person’’ means any uct is supplied is likely to, and does, use the the Fourteenth Amendment to the United individual, corporation, company, associa- product in a manner involving unreasonable States Constitution. tion, firm, partnership, society, joint stock risk of physical injury to the person or oth- (8) The liability actions commenced or company, or any other entity, including any ers. contemplated by the Federal Government, governmental entity. (C) RULE OF CONSTRUCTION.—The excep- States, municipalities, private interest (4) QUALIFIED PRODUCT.—The term ‘‘quali- tions enumerated under clauses (i) through groups and others attempt to use the judicial fied product’’ means a firearm (as defined in (v) of subparagraph (A) shall be construed so branch to circumvent the Legislative branch subparagraph (A) or (B) of section 921(a)(3) of as not to be in conflict, and no provision of of government to regulate interstate and for- title 18, United States Code), including any this Act shall be construed to create a public eign commerce through judgments and judi- antique firearm (as defined in section or private cause of action or remedy. cial decrees thereby threatening the Separa- 921(a)(16) of such title), or ammunition (as (D) MINOR CHILD EXCEPTION.—Nothing in tion of Powers doctrine and weakening and defined in section 921(a)(17)(A) of such title), this Act shall be construed to limit the right undermining important principles of fed- or a component part of a firearm or ammuni- of a person under 17 years of age to recover eralism, State sovereignty and comity be- tion, that has been shipped or transported in damages authorized under Federal or State tween the sister States. interstate or foreign commerce. law in a civil action that meets 1 of the re- (b) PURPOSES.—The purposes of this Act (5) QUALIFIED CIVIL LIABILITY ACTION.— quirements under clauses (i) through (v) of are as follows: (A) IN GENERAL.—The term ‘‘qualified civil subparagraph (A). (1) To prohibit causes of action against liability action’’ means a civil action or pro- (6) SELLER.—The term ‘‘seller’’ means, manufacturers, distributors, dealers, and im- ceeding or an administrative proceeding with respect to a qualified product— porters of firearms or ammunition products, brought by any person against a manufac- (A) an importer (as defined in section and their trade associations, for the harm turer or seller of a qualified product, or a 921(a)(9) of title 18, United States Code) who solely caused by the criminal or unlawful trade association, for damages, punitive is engaged in the business as such an im- misuse of firearm products or ammunition damages, injunctive or declaratory relief, porter in interstate or foreign commerce and products by others when the product func- abatement, restitution, fines, or penalties, or who is licensed to engage in business as such tioned as designed and intended. other relief’’ resulting from the criminal or an importer under chapter 44 of title 18, (2) To preserve a citizen’s access to a sup- unlawful misuse of a qualified product by the United States Code; ply of firearms and ammunition for all law- person or a third party, but shall not in- (B) a dealer (as defined in section 921(a)(11) ful purposes, including hunting, self-defense, clude— of title 18, United States Code) who is en- collecting, and competitive or recreational (i) an action brought against a transferor gaged in the business as such a dealer in shooting. convicted under section 924(h) of title 18, interstate or foreign commerce and who is li- (3) To guarantee a citizen’s rights, privi- United States Code, or a comparable or iden- censed to engage in business as such a dealer leges, and immunities, as applied to the tical State felony law, by a party directly under chapter 44 of title 18, United States States, under the Fourteenth Amendment to harmed by the conduct of which the trans- Code; or the United States Constitution, pursuant to feree is so convicted; (C) a person engaged in the business of sell- section 5 of that Amendment. (ii) an action brought against a seller for ing ammunition (as defined in section (4) To prevent the use of such lawsuits to negligent entrustment or negligence per se; 921(a)(17)(A) of title 18, United States Code) impose unreasonable burdens on interstate (iii) an action in which a manufacturer or in interstate or foreign commerce at the and foreign commerce. seller of a qualified product knowingly vio- wholesale or retail level. (5) To protect the right, under the First lated a State or Federal statute applicable to (7) STATE.—The term ‘‘State’’ includes Amendment to the Constitution, of manufac- the sale or marketing of the product, and the each of the several States of the United turers, distributors, dealers, and importers violation was a proximate cause of the harm States, the District of Columbia, the Com- of firearms or ammunition products, and for which relief is sought, including— monwealth of Puerto Rico, the Virgin Is- trade associations, to speak freely, to assem- (I) any case in which the manufacturer or lands, Guam, American Samoa, and the Com- ble peaceably, and to petition the Govern- seller knowingly made any false entry in, or monwealth of the Northern Mariana Islands, ment for a redress of their grievances. failed to make appropriate entry in, any and any other territory or possession of the (6) To preserve and protect the Separation record required to be kept under Federal or United States, and any political subdivision of Powers doctrine and important principles State law with respect to the qualified prod- of any such place. of federalism, State sovereignty and comity uct, or aided, abetted, or conspired with any (8) TRADE ASSOCIATION.—The term ‘‘trade between sister States. person in making any false or fictitious oral association’’ means— (7) To exercise congressional power under or written statement with respect to any (A) any corporation, unincorporated asso- art. IV, section 1 (the Full Faith and Credit fact material to the lawfulness of the sale or ciation, federation, business league, profes- Clause) of the United States Constitution. other disposition of a qualified product; or sional or business organization not organized

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or operated for profit and no part of the net ‘‘(B) PROSPECTIVE ACTIONS.—A qualified ‘‘(7) for any person to manufacture or im- earnings of which inures to the benefit of civil liability action may not be brought in port armor piercing ammunition, unless— any private shareholder or individual; any Federal or State court. ‘‘(A) the manufacture of such ammunition (B) that is an organization described in ‘‘(C) DEFINED TERM.—As used in this para- is for the use of the United States, any de- section 501(c)(6) of the Internal Revenue Code graph, the term ‘qualified civil liability ac- partment or agency of the United States, of 1986 and exempt from tax under section tion’— any State, or any department, agency, or po- 501(a) of such Code; and ‘‘(i) means a civil action brought by any litical subdivision of a State; (C) 2 or more members of which are manu- person against a person described in subpara- ‘‘(B) the manufacture of such ammunition facturers or sellers of a qualified product. graph (A) for damages resulting from the is for the purpose of exportation; or (9) UNLAWFUL MISUSE.—The term ‘‘unlawful criminal or unlawful misuse of the handgun ‘‘(C) the manufacture or importation of misuse’’ means conduct that violates a stat- by a third party, if— such ammunition is for the purpose of test- ute, ordinance, or regulation as it relates to ‘‘(I) the handgun was accessed by another ing or experimentation and has been author- the use of a qualified product. person who did not have the permission or ized by the Attorney General; SEC. 5. CHILD SAFETY LOCKS. authorization of the person having lawful ‘‘(8) for any manufacturer or importer to (a) SHORT TITLE.—This section may be possession and control of the handgun to sell or deliver armor piercing ammunition, cited as the ‘‘Child Safety Lock Act of 2005’’. have access to it; and unless such sale or delivery— (b) PURPOSES.—The purposes of this section ‘‘(II) at the time access was gained by the ‘‘(A) is for the use of the United States, are— person not so authorized, the handgun had any department or agency of the United (1) to promote the safe storage and use of been made inoperable by use of a secure gun States, any State, or any department, agen- handguns by consumers; storage or safety device; and cy, or political subdivision of a State; (2) to prevent unauthorized persons from ‘‘(ii) shall not include an action brought ‘‘(B) is for the purpose of exportation; or gaining access to or use of a handgun, in- against the person having lawful possession ‘‘(C) is for the purpose of testing or experi- cluding children who may not be in posses- and control of the handgun for negligent en- mentation and has been authorized by the sion of a handgun; and trustment or negligence per se.’’. Attorney General;’’. (3) to avoid hindering industry from sup- (2) CIVIL PENALTIES.—Section 924 of title 18, (b) PENALTIES.—Section 924(c) of title 18, plying firearms to law abiding citizens for United States Code, is amended— United States Code, is amended by adding at all lawful purposes, including hunting, self- (A) in subsection (a)(1), by striking ‘‘or (f)’’ the end the following: defense, collecting, and competitive or rec- and inserting ‘‘(f), or (p)’’; and reational shooting. (B) by adding at the end the following: ‘‘(5) Except to the extent that a greater (c) FIREARMS SAFETY.— ‘‘(p) PENALTIES RELATING TO SECURE GUN minimum sentence is otherwise provided (1) MANDATORY TRANSFER OF SECURE GUN STORAGE OR SAFETY DEVICE.— under this subsection, or by any other provi- STORAGE OR SAFETY DEVICE.—Section 922 of ‘‘(1) IN GENERAL.— sion of law, any person who, during and in title 18, United States Code, is amended by ‘‘(A) SUSPENSION OR REVOCATION OF LI- relation to any crime of violence or drug inserting at the end the following: CENSE; CIVIL PENALTIES.—With respect to trafficking crime (including a crime of vio- ‘‘(z) SECURE GUN STORAGE OR SAFETY DE- each violation of section 922(z)(1) by a li- lence or drug trafficking crime that provides VICE.— censed manufacturer, licensed importer, or for an enhanced punishment if committed by ‘‘(1) IN GENERAL.—Except as provided under licensed dealer, the Secretary may, after no- the use of a deadly or dangerous weapon or paragraph (2), it shall be unlawful for any li- tice and opportunity for hearing— device) for which the person may be pros- censed importer, licensed manufacturer, or ‘‘(i) suspend for not more than 6 months, or ecuted in a court of the United States, uses licensed dealer to sell, deliver, or transfer revoke, the license issued to the licensee or carries armor piercing ammunition, or any handgun to any person other than any under this chapter that was used to conduct who, in furtherance of any such crime, pos- person licensed under this chapter, unless the firearms transfer; or sesses armor piercing ammunition, shall, in the transferee is provided with a secure gun ‘‘(ii) subject the licensee to a civil penalty addition to the punishment provided for such storage or safety device (as defined in sec- in an amount equal to not more than $2,500. crime of violence or drug trafficking crime tion 921(a)(34)) for that handgun. ‘‘(B) REVIEW.—An action of the Secretary or conviction under this section— ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not under this paragraph may be reviewed only ‘‘(A) be sentenced to a term of imprison- apply to— as provided under section 923(f). ment of not less than 15 years; and ‘‘(A)(i) the manufacture for, transfer to, or ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- ‘‘(B) if death results from the use of such possession by, the United States, a depart- pension or revocation of a license or the im- ammunition— ment or agency of the United States, a position of a civil penalty under paragraph ‘‘(i) if the killing is murder (as defined in State, or a department, agency, or political (1) shall not preclude any administrative section 1111), be punished by death or sen- subdivision of a State, of a handgun; or remedy that is otherwise available to the tenced to a term of imprisonment for any ‘‘(ii) the transfer to, or possession by, a law Secretary.’’. term of years or for life; and enforcement officer employed by an entity (3) LIABILITY; EVIDENCE.— ‘‘(ii) if the killing is manslaughter (as de- referred to in clause (i) of a handgun for law (A) LIABILITY.—Nothing in this section fined in section 1112), be punished as pro- enforcement purposes (whether on or off shall be construed to— vided in section 1112.’’. duty); or (i) create a cause of action against any (c) STUDY AND REPORT.— ‘‘(B) the transfer to, or possession by, a rail Federal firearms licensee or any other per- (1) STUDY.—The Attorney General shall police officer employed by a rail carrier and son for any civil liability; or conduct a study to determine whether a uni- certified or commissioned as a police officer (ii) establish any standard of care. form standard for the testing of projectiles under the laws of a State of a handgun for (B) EVIDENCE.—Notwithstanding any other against Body Armor is feasible. purposes of law enforcement (whether on or provision of law, evidence regarding compli- (2) ISSUES TO BE STUDIED.—The study con- off duty); ance or noncompliance with the amendments ducted under paragraph (1) shall include— ‘‘(C) the transfer to any person of a hand- made by this section shall not be admissible (A) variations in performance that are re- gun listed as a curio or relic by the Sec- as evidence in any proceeding of any court, lated to the length of the barrel of the hand- retary pursuant to section 921(a)(13); or agency, board, or other entity, except with gun or center-fire rifle from which the pro- ‘‘(D) the transfer to any person of a hand- respect to an action relating to section 922(z) jectile is fired; and gun for which a secure gun storage or safety of title 18, United States Code, as added by (B) the amount of powder used to propel device is temporarily unavailable for the this subsection. the projectile. reasons described in the exceptions stated in (C) RULE OF CONSTRUCTION.—Nothing in (3) REPORT.—Not later than 2 years after section 923(e), if the licensed manufacturer, this paragraph shall be construed to bar a the date of enactment of this Act, the Attor- licensed importer, or licensed dealer delivers governmental action to impose a penalty ney General shall submit a report containing to the transferee within 10 calendar days under section 924(p) of title 18, United States the results of the study conducted under this from the date of the delivery of the handgun Code, for a failure to comply with section subsection to— to the transferee a secure gun storage or 922(z) of that title. (A) the chairman and ranking member of safety device for the handgun. (d) EFFECTIVE DATE.—This section and the the Committee on the Judiciary of the Sen- ‘‘(3) LIABILITY FOR USE.— amendments made by this section shall take ate; and ‘‘(A) IN GENERAL.—Notwithstanding any effect 180 days after the date of enactment of (B) the chairman and ranking member of other provision of law, a person who has law- this Act. the Committee on the Judiciary of the House ful possession and control of a handgun, and SEC. 6. ARMOR PIERCING AMMUNITION. of Representatives. who uses a secure gun storage or safety de- (a) UNLAWFUL ACTS.—Section 922(a) of title vice with the handgun, shall be entitled to 18, United States Code, is amended by strik- The SPEAKER pro tempore (Mr. immunity from a qualified civil liability ac- ing paragraphs (7) and (8) and inserting the SIMPSON). Pursuant to House Resolu- tion. following: tion 493, the gentleman from Wisconsin

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(Mr. SENSENBRENNER) and the gen- to rip tort law from its moorings in also constrained by the need to respect tleman from Maryland (Mr. VAN HOL- personal responsibility and may force the interests of other States . . . ’’ LEN) each will control 30 minutes. firearms manufacturers into bank- Before closing, I think it is impor- The Chair recognizes the gentleman ruptcy. tant to set the record straight on one ENSENBRENNER item. Some news outlets have claimed from Wisconsin (Mr. S ). b 1030 GENERAL LEAVE that this legislation would have barred Mr. SENSENBRENNER. Mr. Speak- While some of these lawsuits have a lawsuit involving the D.C. sniper and er, I ask unanimous consent that all been dismissed and some States have the gun the sniper obtained after it was Members may have 5 legislative days acted to address them, the fact remains stolen from a Washington State gun within which to revise and extend their that these lawsuits continue to be ag- shop that did not keep track of its in- remarks and include extraneous mate- gressively pursued. The intended con- ventory and did not realize that the rial on S. 397, the bill currently under sequences of these frivolous lawsuits guns were stolen. consideration. could not be more clear: the financial Anyone who actually reads this bill The SPEAKER pro tempore. Is there ruin of the firearms industry. As one of will immediately realize that that objection to the request of the gen- the personal injury lawyers suing claim is patently false, and it is impor- tleman from Wisconsin? American firearms companies told the tant to note that some of the editorial There was no objection. Washington Post, ‘‘The legal fees alone pundits apparently do not believe in Mr. SENSENBRENNER. Mr. Speak- are enough to bankrupt the industry.’’ reading the bills before they write and er, I yield myself such time as I may Lawsuits seeking to hold the fire- publish. Under S. 397 a plaintiff would consume. arms industry responsible for the be permitted to conduct discovery to Mr. Speaker, I rise in support of S. criminal and unlawful use of its prod- establish the facts and circumstances 397, the Protection of Lawful Com- ucts are brazen attempts to accomplish surrounding what happened to the fire- merce in Arms Act. This legislation through litigation what has not been arm while in the possession, custody, passed the Senate by more than a two- achieved by legislation and the demo- and control of the dealer and how it thirds vote this summer and contains cratic process. Various courts have cor- came into the possession of the crimi- the same legal reform provisions of rectly described such suits as ‘‘im- nal shooters. A plaintiff would be per- H.R. 800 sponsored by the gentleman proper attempts to have the court sub- mitted to have his or her day in court from Florida (Mr. STEARNS). The Com- stitute its judgment for that of the leg- to try to establish whether the dealer mittee on the Judiciary considered and islature.’’ As explained by another Fed- knowingly violated or made any false favorably reported H.R. 800 in May of eral judge, ‘‘the plaintiff’s attorneys entry in, or failed to make an appro- this year. simply want to eliminate handguns.’’ priate entry in, his records, which he is Just like H.R. 800 and similar legisla- Personal injury lawyers are seeking required to keep pursuant to Federal tion that passed the House by more to obtain through the courts stringent law. than a two-thirds majority during the limits on the sale and distribution of I have here a report of violations last Congress, S. 397 will stop frivolous firearms beyond the court’s jurisdic- filed by the Bureau of Alcohol, To- and abusive lawsuits against manufac- tional boundaries. A New York appeals bacco, and Firearms regarding the turers and sellers of firearms or ammu- court stated recently that ‘‘courts are Washington State gun dealer. It con- nition by prohibiting lawsuits result- the least suited, least equipped, and tains a record of dozens of violations of ing from the criminal and unlawful thus the least appropriate branch of Federal law and quoting the following: misuse of their products from being government to regulate and micro- ‘‘The licensee’s,’’ that is, the dealer’s, filed in Federal and State courts. manage the manufacturing, marketing, ‘‘bound books were examined and com- It is important to stress at the outset distribution, and sale of handguns.’’ pared to the physical inventory. It was what this legislation does not do. First, Law enforcement, military personnel initially determined that there were the legislation does not preclude law- rely on the domestic firearms industry approximately 300 unaccounted for fire- suits against a person who transfers a to supply them with reliable and accu- arms. These initial 300-plus unac- firearm or ammunition knowing it will rate weapons that can best protect counted for firearms are considered in- be used to commit a crime of violence them in the line of fire. The best and stances of failure to timely record dis- or drug-trafficking crime. most reliable guns will not be those de- position information in the bound Second, it does not prevent lawsuits signed under the requirements personal record book.’’ against a seller for negligent entrust- injury attorneys seek to impose So under S. 397 a lawsuit against that ment or negligence per se. through firearms lawsuits. Rather, dealer could go forward, and I include Third, the bill includes several addi- these lawsuits threaten to injure the this report in the RECORD at this point. tional exceptions, including an excep- domestic firearms industry, endanger DEPARTMENT OF THE TREASURY, BU- tion for actions in which a manufac- the jobs of thousands of hard-working REAU OF ALCOHOL, TOBACCO, AND turer or seller of a qualified product Americans, and provide to foreign man- FIREARMS knowingly violates any State or Fed- ufacturers an unfair advantage. REPORT OF VIOLATIONS eral statute applicable to sales or mar- One abusive lawsuit filed in a single Name and Address of Proprietor: Borgelt, keting when such violation was the county could destroy a national indus- Brian & Carr, Charles N, Bulls Eye Shooters proximate cause of the harm for which try and deny citizens nationwide the Supply, 114 Puyallup Ave., Tacoma, WA relief is sought. right to keep and bear arms guaranteed 98421. Finally, the bill contains additional by the Constitution. Insofar as these License / Permit Registry Number (if any): 991053013E38708. exceptions for breach of contract or lawsuits have the practical effect of County (F&E only): Pierce. warranty in connection with the pur- burdening interstate commerce in fire- Expiration Date (if any): 5/12/2003. chase of a firearm or ammunition, and arms, Congress has the authority to Date(s) or Period of Inspection: 10/25/2002 an exception for actions for damages act under the commerce clause of the through 11/02/2002. resulting directly from a defect in de- Constitution. The Lawful Commerce in INSTRUCTIONS sign or manufacture of a firearm or Arms Act, by prohibiting abusive law- Please write firmly with a ball point pen ammunition. suits against the firearms industry, when completing this form. AFT officers will Recent trends in abusive litigation supports core federalism principles ar- prepare this form in quadruplicate. The have inspired lawsuits against the fire- ticulated by the United States Su- original copy and the suspense copy (where arms industry on the theory of liabil- preme Court, which has made it clear required) will be given to the proprietor or a responsible person representative. The re- ity that would hold it financially re- that ‘‘one State’s power to impose bur- maining copies will be submitted with the sponsible for the actions of those who dens on the interstate market . . . is completed inspection report. Supervisors use their products in a criminal or un- not only subordinate to the Federal will detach one copy from the completed re- lawful manner. Such lawsuits threaten power over interstate commerce but is port for their files. Where corrective action

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23262 CONGRESSIONAL RECORD—HOUSE October 20, 2005 cannot be taken during inspection, propri- spection with no idea of where they went. Mr. Speaker, I have been struck by etors will submit the suspense copy to the List provided to licensee. how some people in this institution and Area Supervisor as soon as the required cor- Citation: 27 CFR 178. other places believe that the name rections have been made. Date Planned Correction: Corrective Action: The licensee shall re- given to a bill will somehow fool the INSPECTION RESULTS search and resolve all unaccounted open dis- American people as to what the bill ac- An examination of your premises, records positions, and properly record the 70 ATF F tually does. This bill has the title on it and operations has disclosed the following 4473 dispositions into the bound books. Protection of Lawful Commerce in violations which have been explained to you: See attached list of 78 firearms unac- Arms Act. In fact, what the bill does is Reference Number: 1. counted for and report them on an ATF F Nature of Violation: 27 CFR section to make lawful many negligent actions 3310.11, Licensee Theft/Loss Report. that today are unlawful. What it actu- 178.124(a). Failure to maintain ATF F4473s See list of firearms that no ATF F 4473s recording firearm transfers to non-licensees. have been located on but other records of ally does is protect those gun dealers Information obtained from the Washington transfer have been: such as 25 firearms iden- who are engaged in wrongful, negligent Department of Licensing indicates 25 hand- tified by the Washington Department of Li- sales of weapons to criminals. How gun transfers to nonlicensed individuals for censing and computer records indicating a does it do it? Very simple. It lowers the which you had no completed ATF F4473s. Ad- sale but no other information in regards to legal standard of care that gun dealers ditionally, 5 firearms transfers to non- the transfer. licensed individuals were located in your must today exercise to prevent guns In addition, the licensee will annotate the from falling into the hands of crimi- computer sales records for which you had no bound book disposition entries with date, ATF Form 4473s. name, and address and note that no ATF F nals. Citation: 27 CFR 178. 4473 exists. As a result, the passage of this bill Date Planned Correction: Report Bushmaster rifle, model PCWA3X, will make it easier, easier, for crimi- Corrective Action: The licensee shall en- Serial number L284320 on an ATF F F3310.11, nals to get weapons and it will ensure deavor to locate the required disposition Licensee Theft/Loss Report, and make note that those gun dealers who negligently, records, such as ATF F4473s, in order to show in the bound book. negligently, put guns in the hands of evidence that a proper transfer occurred. I Have Received a Copy of This Report of Reference Number: 2. criminals will not be held responsible Violations (Proprietor’s signature and title): for their wrongful actions. And it is a Nature of Violation: 27 CFR section Date: 178.124(b). Failure to keep ATF F4473s in al- Signature and Title of Inspection Officer: sad day, Mr. Speaker, in this body phabetical, chronological, or numerical Sandra Y. Sherlock, ATF Inspector. when special interests and the gun in- order. Date: 11/04/2002 dustry exert such influence that they The inspection uncovered an area behind PROPRIETOR’S CERTIFICATION are able to convince the Congress to the store register where ATF F4473s were strip innocent victims of crimes of kept. The area comprised of one lateral file Note: Proprietors must notify the ATF of- cabinet drawer and a stack of forms. There ficial below when corrective actions required their rights and instead extend protec- were 1257 unfiled ATF F4473s. Filing by stock as a result of this inspection have been com- tions to those unscrupulous dealers # is not an acceptable method of filing ATF pleted. Failure to notify ATF may subject who put guns into the hands of crimi- F4473s. proprietors to a recall inspection or to other nals. Citation: 27 CFR 178. administrative action. Now, proponents of this legislation Date Planned Correction: Mail or Delivery to (Address): Area Super- will tell us that most gun dealers in visor, Bureau of Alcohol, Tobacco, and Fire- Corrective Action: The licensee shall im- our Nation are honest and law abiding. mediately file ATF F4473s that were found arms, 915 2nd Avenue, Room 790, Seattle, WA 98174. I agree. That is true. In fact, the Bu- unfiled during the inspection, including any reau of Alcohol, Firearms, and Tobacco future completed ATF F4473s. CERTIFICATION Reference Number: 3 I certify that the corrective actions re- has found that about 1 percent, about 1 Nature Of Violation: 27 CFR section quired as a result of this inspection have percent, of gun dealers are responsible 178.124(c)(3)(iii). Failure to properly record been completed. for nearly 60 percent of the guns that on ATF F 4473 the date on which the licensee Signature and Title of Proprietor: are traced to crimes. So if most gun contacted the NICS, response provided by Other Remarks dealers are honorable and responsible the system, and/or any identification number Mr. SENSENBRENNER. Mr. Speak- citizens, why do they need protection? provided by the system. er, this commonsense legislation is They do not. The real beneficiaries of There were 14 ATF F 4473s that did not record this information. long overdue. Congress must fulfill its this legislation are those small handful Citation: 27 CFR 178. constitutional duty, then exercise its of dealers who are negligently putting Date Planned Correction: authority under the commerce clause guns in the hands of criminals. It is Corrective Action: The licensee shall en- to deny a few State courts the power to protecting the bad apples. It is giving sure that the complete background check in- bankrupt the national firearms indus- them a green light to go ahead and say formation is properly entered in the des- try and deny all Americans their fun- I see nothing when they are engaged in ignated area on the ATF F 4473. damental constitutionally guaranteed sales to wrongdoers. Reference Number: 4 right to bear arms. I urge the passage The proponents of this bill, as we Nature Of Violation: 27 CFR 178.125(e). Failure to record dispositions made in the of this critical legislation. have heard, will tell us it is only in- bound books. Mr. Speaker, I reserve the balance of tended to stop so-called ‘‘frivolous law- The licensee’s bound books were examined my time. suits.’’ That notion has been soundly and compared to the physical inventory. It Mr. VAN HOLLEN. Mr. Speaker, I rejected by victim advocates across was initially determined that there were ap- yield myself such time as I may con- this country, and it is an insult to the proximately 300 unaccounted for firearms. sume. victims who seek redress against those These initial 300+ unaccounted for firearms Mr. Speaker, I rise in strong opposi- dealers who profit from negligently are considered instances of failure to timely tion to this dangerous and misguided selling to violent predators. record disposition information in the bound bill that would exempt gun dealers Let us focus for a minute on the vic- record book. Some ways of locating proper disposition from liability even when they neg- tims of gun crimes in our country. of these missing firearms included: 70 ATF ligently sell weapons to criminals. Should we not be protecting them? Forms 4473 filed that did not get properly en- It is particularly distressing that we Why do we not have a bill entitled the tered as bound book dispositions; 25 handgun are taking up this bill at this par- ‘‘Protection of Gun Violence Victims’’ transactions determined through the State ticular time. It was just 3 years ago on the floor today? Let us look at some of Washington Dept. of Licensing with no this month, in October, when the com- cases. We have talked about the sniper bound book entries; at least 10 dispositions munity that I represent right outside case. I differ strongly with the chair- to other licensees unrecorded; and at least 6 here of Washington, DC was terrorized man of the committee, and the bill, as dispositions to nonlicensees located in com- puter sales records that have no proper dis- by two snipers, who left 10 people dead the testimony has made clear, would position. and three people injured. The snipers not have allowed that suit to go for- Even after using various sources, 78 fire- obtained their weapons from a neg- ward. I represent that area where so arms remain missing at the close of this in- ligent gun dealer in Washington State. many people lost their lives 3 years ago

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23263 this month. On many sunny days when business practices of these gun dealers, The Police Foundation (A private, non- the snipers gunned down people who not give them a green light to be neg- profit research institution). were going about their ordinary busi- ligent? What happened to protecting Michigan Association of Chiefs of Police. ness, filling up their gas at gas sta- the victims? This bill does just the op- Rhode Island State Association of Chiefs of Police. tions, shopping at grocery stores, cut- posite. It provides a shield to an indus- Maine Chiefs of Police Association. ting their grass, a child who was going try that should be providing a standard Departments listed for identification pur- to school. Before those snipers were of care at least equal to other indus- poses only: Sergeant Moises Agosto, caught, they killed 10 people and tries and businesses. Why do we want Pompton Lakes Police Dept. (NJ); Sheriff wounded three. The snipers have been to make the gun industry the most Drew Alexander, Summit County Sheriff’s caught, convicted, and they are behind protected industry in America? Office (OH); Sheriff Thomas L. Altiere, bars. It is inconceivable that we are here Trumbull County Sheriff’s Office (OH); Di- The snipers carried out those attacks today at the behest of the gun industry rector Anthony F. Ambrose III, Newark Po- with a Bushmaster XM–15 semiauto- to provide immunity that no other in- lice Dept. (NJ); Chief Jon J. Arcaro, dustry enjoys and at the expense of the Conneaut Police Dept. (OH); Officer Robert matic .223 caliber rifle. The rifle came C. Arnold, Rutherford Police Dept. (NJ); from Bull’s Eye Shooter Supply in Ta- victims of gun violence. This bill will Chief Ron Atstupenas, Blackstone Police coma, Washington, which had an exten- shut the courthouse doors on many vic- Dept. (MA); Sheriff Kevin A. Beck, Williams sive history of firearms violations and tims who have legitimate claims. County Sheriff’s Office (OH); Detective Sean had not reported the rifle as missing as In the interest of truth in adver- Burke, Lawrence Police Dept. (MA); Chief required by Federal law because they tising, the real name of this bill should William Bratton, Los Angeles Police Dept. said they did not know the rifle was be the ‘‘Protection of Negligent Gun (CA); Special Agent (Ret) Ronald J. Brogan, missing. According to the ATF, this Dealers Act.’’ Drug Enforcement Agency; and Chief Thom- I urge my colleagues to oppose this. as V. Brownell, Amsterdam Police Dept. store and its owner had a long history (NY). OCTOBER 19, 2005. of firearms sales and records viola- Chief (Ret) John H. Cease, Wilmington Po- Re: Law Enforcement Opposition to S. 397. tions. lice Dept. (NC); Chief Michael Chitwood, On January 16, 2003, the families of U.S. CONGRESS, Portland Police Dept. (ME); Chief William many of the victims of the sniper at- U.S. SENATE, Citty, Oklahoma Police Dept. (OK); Chief tacks who were killed brought a law- Washington, DC. Kenneth V. Collins, Maplewood Police Dept. DEAR SENATOR: As active and retired law (MN); Chief Daniel G. Davidson, New Frank- suit against that gun store for their enforcement officers, we are writing to urge losses and injuries. The victims of that lin Police Dept. (OH); Asst. Director Jim your strong opposition to any legislation Deal, US Dept. Homeland Security, Reno/ heinous crime spree received a $2.5 mil- granting the gun industry special legal im- Lake Tahoe Airport (NV); Chief Gregory A. lion settlement. Let us be clear. If this munity. S. 397 would strip away the legal Duber, Bedford Police Dept. (OH); Captain law had been in effect at that time, rights of gun violence victims, including law George Egbert, Rutherford Police Dept. (NJ); those victims and their families would enforcement officers and their families, to Sterling Epps, President, Association of have received nothing. In fact, this bill seek redress against irresponsible gun deal- Former Customs Agents, Northwest Chapter was being debated on the floor of this ers and manufacturers. (WA); Chief Dean Esserman, Providence Po- The impact of this bill on the law enforce- lice Dept. (RI); and Captain Mark Folsom, House 3 years ago this month when ment community is well illustrated by the those killings were going on, and this Kansas City Police Dept. (MO). lawsuit brought by former Orange, New Jer- Chief Charles J. Glorioso, Trinidad Police House realized how bad it would look sey police officers Ken McGuire and David Dept. (CO); Superintendent Jerry G. Gregory to victimize those people twice, to Lemongello. On January 12, 2001, McGuire (ret), Radnor Township Police Dept. (PA); have them victimized once by the snip- and Lemongello were shot in the line of duty Chief Jack F. Harris, Phoenix Police Dept. ers and again by the United States with a trafficked gun negligently sold by a (AZ); Chief (Ret.) Thomas K. Hayselden, Congress by denying their day in court, West Virginia dealer. The dealer had sold the Shawnee Police Dept. (KS); Terry G. Hillard, gun, along with 11 other handguns, in a cash and that is why this House decided to Retired Superintendent, Chicago Police sale to a straw buyer for a gun trafficker. In Dept. (IL); Steven Higgins, Director (Ret.) withdraw the bill at that time from June 2004, the officers obtained a $1 million consideration from the floor of the ATF; Chief Ken James, Emeryville Police settlement from the dealer. The dealer, as Dept. (CA); Chief Calvin Johnson, Dumfries House. Here we are 3 years later com- well as two other area pawnshops, also have Police Dept. (VA); Chief Gil Kerlikowske, Se- ing back and passing legislation that implemented safer practices to prevent sales attle Police Dept. (WA); Deputy Chief Jef- would have denied them their right. to traffickers, including a new policy of end- frey A. Kumorek, Gary Police Dept. (IN); De- Shame on us. ing large-volume sales of handguns. These tective John Kotnour, Overland Park Police Let us talk about another case. In reforms go beyond the requirements of cur- Dept. (KS); Detective Curt Lavarello, Sara- New Jersey, June, 2004, two former New rent law and are not imposed by any manu- sota County Sheriffs Office (FL); Chief Mi- facturers or distributors. chael T. Lazor, Willowick Police Dept. (OH); Jersey police officers, Ken McGuire If immunity for the gun industry had been Sheriff Simon L. Leis, Jr., Hamilton County and Dave Lemongello, were shot in the enacted, the officers’ case would have been Sheriffs Dept. (OH); and Sheriff Ralph Lopez, line of duty with a trafficked gun that thrown out of court and justice would have Bexar County Sheriff (TX). been denied. Police officers like Ken had been negligently sold by a West Chief Cory Lyman, Ketchum Police Dept. McGuire and Dave Lemongello put their Virginia dealer. Those two officers re- (ID); Chief David A. Maine, Euclid Police lives on the line every day to protect the ceived a $1 million settlement for the Dept. (OH); Chief J. Thomas Manger, Mont- public. Instead of honoring them for their negligence of this dealer. The dealer gomery County Police Dept. (MD); Chief service, legislation granting immunity to Burnham E. Matthews, Alameda Police Dept. had sold the gun along with 11 other the gun industry would deprive them of their (CA); Chief Michael T. Matulavich, Akron handguns in a cash sale to a straw basic rights as American citizens to prove Police Dept. (OH); Chief Randall C. McCoy, buyer, a trafficker, someone who got their case in a court of law. We stand with Ravenna Police Dept. (OH); Sergeant Mi- the guns because he could legally ob- officers McGuire and Lemongello in urging chael McGuire, Essex County Sheriff’s Dept. you to oppose such legislation. tain them but then turned around and (NJ); Chief William P. McManus, Min- Sincerely, sold them to a criminal who com- neapolis Police Dept. (MN); Chief Roy mitted the crimes. If this bill had been International Brotherhood of Police Offi- cers (AFL–CIO Police union). Meisner, Berkley Police Dept. (CA); Sheriff in effect then, that case would have Major Cities Chiefs Association (Rep- Al Myers; Delaware County Sheriff’s Office been dismissed and justice for those po- resents our nation’s largest police depart- (OH); Chief Albert Najera, Sacramento Po- lice officers would have been denied. ments). lice Dept. (CA); Chief Mark S. Paresi, North And because of that, many law enforce- National Black Police Association (Nation- Las Vegas Police Dept. (NV); Sheriff Charles ment officers and organizations have wide organization with more than 35,000 C. Plummer, Alameda County Sheriffs De- partment (CA); Chief Edward Reines, written a letter opposing this bill, a members). Hispanic American Police Command Offi- Yavapat-Prescott Tribal Police Dept. (AZ); copy, Mr. Speaker, which I will insert cers Association (Serving command level Chief Cel Rivera, Lorain Police Dept. (OH). in the RECORD. staff and federal agents). Officer Kevin J. Scanell, Rutherford Police Should we not be trying to create ad- National Latino Peace Officers Associa- Dept. (NJ); Robert M. Schwartz, Executive ditional incentives to improve the tion. Director, Maine Police Dept. (ME); Chief

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23264 CONGRESSIONAL RECORD—HOUSE October 20, 2005 Ronald C. Sloan, Arvada Police Dept. (CO); freedom of expression or the right to Mr. Speaker, I oppose this legislation, S. Chief William Taylor, Rice University Police bear arms. 397, the Protection of Lawful Commerce in Dept. (TX); Asst. Chief Lee Roy Villareal, More than 10 years ago, as a member Arms Act, just as I did with my colleagues in Bexar County Sheriffs Dept. (TX); Chief of the Houston City Council, I passed (Ret) Joseph J. Vince, Jr., Crime Gun Anal- the case of H.R. 800 in the Judiciary Com- ysis Branch, ATF (VA); Chief Garnett F. the first gun safety legislation that mittee and H.R. 1036 during the 108th Con- Watson, Jr., Gary Police Dept. (IN); and Hu- held parents responsible for guns in gress. Just as in the case of the malignant bert Williams, President, The Police Founda- their homes, that children were then Bankruptcy legislation, S. 256, that finessed tion (DC). able to take and cause a tragedy. I re- itself to the House floor for consideration and Mr. VAN HOLLEN. Mr. Speaker, I re- member the physician of the Texas then to passage into law, H.R. 1036 passed in serve the balance of my time. Medical Center, Texas Children’s Hos- Committee body last Congress without having Mr. SENSENBRENNER. Mr. Speak- pital Emergency Room, coming and given many members the opportunity to have er, I yield 2 minutes to the gentleman testifying. I remember a parent coming very substantive amendments considered— from Texas (Mr. SMITH). and holding a very limp child, a para- shielded by ‘‘parliamentary inquiry.’’ Mr. SMITH of Texas. Mr. Speaker, I plegic. They stood before us and they So too did Members have very important thank the gentleman from Wisconsin said this is the result of a shooting by proposals to improve this very troubled piece (Mr. SENSENBRENNER), the chairman of a gun by a child who got the gun be- of legislation. S. 397, like its predecessor and the Committee on the Judiciary, for cause of an irresponsible parent. That House companion in the 108th Congress, yielding me this time. has not stopped the State of Texas and seeks to shield irresponsible gun manufactur- Mr. Speaker, my home State of Texas hunters from going to hunt. In fact, it ers, vendors, dealers, distributors, and import- is well known for the number of resi- has been noted that it saved lives and ers from liability under the guise of protection dents who enjoy hunting and value saved dollars. from ‘‘frivolous lawsuits.’’ their right to own a gun. Today fire- Here we now have legislation with a As the Democrats of this Committee stated arms are found in half of all Texas blocked rule that suggests that no one quite eloquently in its ‘‘Dissenting Views’’ households. A State law similar to S. can sue, no one can bring a suit of li- (108–59), courts around the country have rec- 397 which protects the gun industry ability against gun manufacturers, and ognized that precisely the types of cases that from frivolous lawsuits, in fact, is al- we are now suggesting that this is em- would be barred by this bill are grounded in ready in effect. bedded in the likes and the hearts of well-accepted legal principles, including neg- Texans, like most Americans, use the second amendment. ligence, products liability, and public nuisance. guns for recreation, hunting, and per- Is it the second amendment that says These courts have held that those who make sonal protection. Unfortunately, there to a Philadelphia mother who won a and sell guns—like all others in society—are are some people who want to make gun settlement of only $850,000 from a gun obligated to use reasonable care in selling and manufacturers liable for what other dealer who negligently sold multiple designing their product, and that they may be others do with their firearms. guns to a gun trafficker, a child found liable for the foreseeable injurious con- Our courts are already overloaded one of the guns on a street in Philadel- sequences of their failure to do so even if with frivolous lawsuits designed to top- phia and accidently shot the mother’s those foreseeable consequences include un- ple industries that manufacture prod- 7-year-old son, is there some reason, lawful conduct by third parties. This bill, if en- ucts a few individuals in our society Mr. Speaker, we should not have these acted, would nullify these decisions, rewriting have decided are not safe or appro- kinds of lawsuits? Is there some rea- and subverting the common law of those priate for Americans to have. son, Mr. Speaker, that this now putting States, and then, only with respect to a par- forward only a negligence per se excep- ticular industry. b 1045 tion will, in fact, disallow States like In the past iteration of this legislation, I of- It is the typical liberal mindset. Arkansas, Louisiana, Maine, Massachu- fered an amendment that would exempt from They know better than other people setts, Nebraska, North Dakota, Rhode the scope of the bill any lawsuit brought by a what is best for them. Island, Vermont, Washington, West plaintiff who was harmed as the result of an If this bill does not pass, Texans and Virginia, the citizens in those par- unlawful transfer of a machine gun, semi-auto- other Americans will be less able to ticular States cannot sue at all because matic assault weapon, or large capacity am- protect themselves from burglars, rap- they cannot meet the standard because munition feeding device. ists, and murderers. there is no such standard as negligence The U.S. Code, in Section 922 of Title 18, The Department of Justice estimates per se? makes it unlawful for a person from transfer or that 1.5 million Americans every year It is unfortunate that the amend- possess a machine gun, semi-automatic as- defend themselves using a firearm. ments that we were prepared to offer sault weapon, or large capacity ammunition The Constitution protects all Ameri- were not accepted; and as presently feeding device. cans’ right to bear arms. The second written, H.R. 800 makes individuals In addition, before the Committee on Rules amendment states, ‘‘The right of the who sell machine guns, semiautomatic earlier this week, I joined my colleague from people to keep and bear arms shall not weapons, and large capacity ammuni- California, Ms. LOFGREN in offering an amend- be infringed.’’ tion feeding devices immune from that ment captioned ‘‘Lofgrel044,’’ that proposes Mr. Speaker, to allow frivolous law- lawsuit, the same kind of bill that we an additional exception to the definition of suits to constrain the right of Ameri- have here before us. ‘‘qualified civil liability action’’ for law enforce- cans to lawfully use guns is both irre- In my own State of Texas, a San An- ment officers acting in that capacity. This leg- sponsible and unconstitutional. tonio police officer named Hector islation creates very overbroad prohibitions for I urge my colleagues to support this Garza was brutally murdered when he civil lawsuits against manufacturers, distribu- legislation. responded to a family violence call. His tors, dealers, or importers of firearms, and this Mr. VAN HOLLEN. Mr. Speaker, I assailant was armed with a MAC–10 amendment seeks to protect one of many yield 3 minutes to the gentlewoman semiautomatic pistol and AK–47 as- classes of parties that might be aggrieved as from Texas (Ms. JACKSON-LEE). sault rifle. The shooter also murdered a result of firearm use. Ms. JACKSON-LEE of Texas. Mr. his wife and shot his uncle in the leg. While I do sit on the Committee on Home- Speaker, I really wish that today we Police Chief Al Phillips said that with land Security, one does not have to sit on this could exercise our conscience and vote the fire power the shooter possessed, body to know that our first responders need without the interference of the Na- the incident might have turned into a and deserve protection from unintended situa- tional Rifle Association. bloodbath and he could have killed tions. These men and women sit at the front I do believe in the second amend- multiple officers. line and are the first to act when our Nation ment, the Bill of Rights, that indicates This is wrong-headed and mis- is threatened. The de minimis effort that we as that you are allowed to bear arms; but directed. It is time now for us to vote legislators can give is to protect legitimate this legislation has nothing to do with this legislation down. What a shame claims filed by them in connection with the use the first or the second amendments, for the NRA to buy this Congress. of firearms.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23265 The amendment did not say that gun deal- This exception is insulting to the victims of I rise in support of S. 397, the Protec- ers should be liable simply because they sold gun violence. It prioritizes the rights of neg- tion of Lawful Commerce in Firearms a gun that was used in a crime, nor does it ligent gun sellers and criminals before the Act. say that the families of all 297 officers shot to rights of the victims of gun violence. It will prohibit lawsuits against fire- death between 1997 and 2001 should be able H.R. 800 should be amended to allow the arms manufacturers, legal distributors, to recover. It simply stated that when a gun victims of gun violence to seek civil damages dealers or importers for damages re- dealer sells 12 or 50 or 100 guns to a person when there are allegations of wrongdoing. sulting from the misuse of a firearm by who is clearly going to turn around and sell Under this amendment, the victims of gun vio- a third party. those guns on the street, that dealer should lence will not have to wait for a criminal con- The bill is very similar to a House be held accountable. Now, the proponents of viction in order to seek justice. bill that I joined with the gentleman this bill may argue that the negligence per se To make those individuals who sell Con- from Florida (Mr. STEARNS) in spon- exception protects police officers because it gressionally banned machine guns, semi-auto- soring earlier this year. Our House bill allows suits against dealers who violate other matic assault weapons, and large capacity achieves the same objectives as the statutes, like the Brady Act. But that is simply ammunition feeding devices liable for their Senate bill now before us, and the not true. It would not have protected Mr. negligent acts. I also offer this amendment so House bill has been cosponsored by 257 Lemongello, who brought his suit in a State that the victims of gun violence can seek civil Members of this body. that does not recognize the doctrine of neg- damages prior to the conviction of the gun The lawsuits against the firearms in- ligence per se. I would also point out that this purchaser. dustry are nothing more than thinly bill steps all over States’ rights. As we’ve In addition, I will offer an amendment that veiled attempts to circumvent the leg- seen, with the Schiavo case and other tort re- will exempt from the scope of the bill those islative process and achieve gun con- form efforts, the leadership of the House is all lawsuits involving injury or death to minors trol through litigation. too eager to ignore principles of federalism under the age of 16. Frustrated that Congress and most when it suits their ideological needs. I believe As presently written, S. 397 prohibits all civil State legislatures have rejected re- that this bill is just another example of that lawsuits against gun manufacturers, dealers, peated attempts to have gun control principle. distributors, and trade associations for dam- imposed, some have now turned to the More than 30,000 gun deaths occur each ages resulting from the criminal or unlawful courts in their effort to limit the legal year, so the almost blanket immunization from gun use by the injured person or a third party. availability of firearms. suit proposed in this legislation represents There are a few limited exceptions to the I want for my constituents and for nothing more than an unwarranted and unjust overall ban. However, none of the exceptions all Americans to be able to purchase special interest giveaway to the powerful gun in the bill protects the rights of minors, or the guns for lawful purposes. The vast ma- lobby and a shameful attack on the legal parents of minors, to sue for civil damages jority of gun owners use their firearms rights of countless innocent victims of gun vio- when a minor is injured or killed by a gun that responsibly. They should not be re- lence. Never before has a class of persons is negligently or recklessly manufactured or stricted in their future purchases be- harmed by the dangerous conduct of others distributed. cause the threat of lawsuits has ren- been wholly deprived of the right to legal re- As it is presently written, a gun merchant dered the American market economi- course. could negligently or recklessly sell a gun to a cally unattractive for the manufactur- The Lofgren-Jackson Lee amendment would criminal. That gun could then be used to seri- ers. have protected the right to sue for members of ously injure or kill a minor. Under S. 397, the While the bill before us will prohibit the law enforcement community along with negligent gun seller would be immune from lawsuits against manufacturers and their spouses or next of kin in the event of any civil liability. others in the chain of distribution their wrongful death. I urge my colleagues to It is absurd to deny the families of children based upon misuse of the firearm, it support this important amendment. killed or injured by the negligence or reckless- does not interfere with traditional As presently written, H.R. 800 makes those ness of gun distributors an opportunity to sue. remedies for damages resulting from individuals who sell machine guns, semi-auto- At the very least, the victims of gun violence defects or design in the manufacture of matic weapons, and large capacity ammuni- and their families deserve an opportunity to products. tion feeding devices immune from suit. It have their claims heard by a judge and jury. The bill provides no shelter to those makes no sense that the sellers of weapons It is certainly foreseeable that some guns who would sell firearms illegally. It that have been banned by Congress can will accidentally fall into the hands of children does not affect suits against anyone avoid civil liability when the guns they sell are and serious injuries or tragic deaths may re- who has violated other State or Fed- used in crimes. sult. Those gun distributors and sellers who eral laws. Congress has enacted this ban on machine fail to conduct adequate background checks, This bill is a commonsense measure guns, semi-automatic assault weapons, and or fail to take other measures to ensure that to eliminate lawsuits which unjustly large capacity ammunition feeding devices for guns to do not fall into criminal hands should interrupt the legal sale of a legal prod- an obvious reason—these assault weapons not be free from liability. Gun merchants have uct. are dangerous. a responsibility to conduct their business safe- A majority of States, including my The deadly characteristics of semi-automatic ly and protect the lives of children. When they home State of Virginia, enacted simi- weapons and assault rifles was tragically illus- fail to do so they should be held accountable lar laws prohibiting these suits. trated in my home state of Texas. A San Anto- in a court of law. With our votes today, we will provide nio police officer named Hector Garza was Gun manufacturers and merchants should a much-needed additional response. I brutally murdered when he responded to a be liable in courts of law when their negligent urge approval of the measure. family violence call. His assailant was armed acts result in the death or injury to a minor. Mr. VAN HOLLEN. Mr. Speaker, I with a Mac–10 semi-automatic pistol and an Mr. Speaker, this is a bad bill, and the wish my colleague from Virginia would AK–47 assault rifle. The shooter also mur- amendments that strive to make some im- come meet with 10 families from the dered his wife and shot his uncle in the leg. provements that will provide relief to parties Washington area who had victims Police Chief Al Phillipus said that with the fire- that need protection were closed out without killed during the sniper attacks 3 years power the shooter possessed the incident consideration. For the reasons above stated, I ago, as well as the police officers from ‘‘might have turned into a bloodbath’’ and he reject this legislation and I urge my colleagues New Jersey, and tell them that those ‘‘could have killed multiple officers.’’ to join me. lawsuits were frivolous lawsuits. I will offer this amendment because the ex- Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, I yield 2 minutes to the ceptions to the general ban on lawsuits er, I yield 2 minutes to the gentleman gentleman from California (Mr. FARR). against gun manufacturers and merchants is from Virginia (Mr. BOUCHER), my Mr. FARR. Mr. Speaker, I rise in too narrow. One such narrow exception allows Democratic colleague on the Com- strong opposition to this bill. the victims of gun violence to sue a gun seller mittee on the Judiciary. I would first like to say that I sup- only if the gun purchaser is subsequently con- Mr. BOUCHER. Mr. Speaker, I thank port the rights of gun owners and hunt- victed of the gun-related crime. the gentleman for yielding me time. ers, but this bill makes it clear this is

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23266 CONGRESSIONAL RECORD—HOUSE October 20, 2005 not about the second amendment. This those States. The bill we are consid- passed by the Senate two to one, 65 to bill is about a direct assault on our ering today is designed to simply mir- 31, is poised to pass in this Congress as civil justice system that endorses un- ror these States and what they have a bipartisan law. scrupulous corporate behavior. done to provide a unified system of I urge my colleagues to join with us Once again, with this bill, democracy laws United States-wide. in voting for this piece of legislation. has been thwarted by bringing this bill There have also been dozens and doz- Mr. VAN HOLLEN. Mr. Speaker, it to the floor. Very reasonable amend- ens of lawsuits at the local, State, and seems that the charts that my col- ments were offered, but the majority Federal levels which have rejected this league showed listing all the lawsuits adopted a restrictive rule that pre- theory that gun manufacturers should actually make the case for how the vented them from being heard on the be held liable for what violent crimi- system is working because, as he floor today. nals do with their lawful products. knows, many of those cases have been One of those amendments would have I have three charts here which list in dismissed by the court. The court expanded the ban on armor-piercing detail these cases. It is really quite im- looked at them; and those cases that bullets also. For God’s sake, who in pressive the number of these frivolous were frivolous, it decided to dismiss. this country needs to own armor-pierc- lawsuits that have been rejected out of So why are we trying to change the ing bullets? hand. rules? It is because there are some We are not legislating via the in- If my colleagues would bear with me, cases that have merit, like the sniper tended democratic process. The people I would like to focus on a recent case cases and others, that would continue of this country want and deserve an in this last chart which is circled. This to go through, and under this legisla- open and participatory government, case took place in the County of Los tion, they will not. Why change the not law by fiat. Angeles, California. The cities of Los rules to deny legitimate victims their I urge a strong ‘‘no’’ vote on this bill. Angeles, San Francisco, and 12 other day in court? Mr. SENSENBRENNER. Mr. Speak- California municipalities filed lawsuits Mr. Speaker, I yield 3 minutes to my er, I yield 5 minutes to the gentleman against 28 manufacturers, six distribu- colleague from New York (Mrs. MCCAR- from Florida (Mr. STEARNS), the prin- tors and three associations. This was a THY) who has been such a leader on this cipal author of the bill. mammoth case and they lost. They ap- important issue in protecting the vic- Mr. STEARNS. Mr. Speaker, I thank pealed it, and it was unanimously tims of gun violence. the distinguished chairman of the Com- upheld by a lower court and the appel- b 1100 mittee on the Judiciary for his help in late court. bringing this bill to the floor. He has I would remind my colleagues that Mrs. MCCARTHY. Mr. Speaker, I been a leader on this bill in shep- this is an idea that has been enor- thank my colleague from Maryland for herding it through the Committee on mously popular with the public, also. A doing such a wonderful job on handling the Judiciary time and time again. March 2005 poll conducted by the this issue. I also want to thank my colleague Moore Information Public Information Let me first say something. The leg- from Virginia (Mr. BOUCHER) for intro- Research Company showed that a re- islation in front of us, as far as I am ducing this bill with me through the markable 79 percent of the American concerned, is frivolous. When we think last three sessions of Congress and all people believe that firearm manufac- about the millions and millions of law- the other Members who have strongly turers should not be held legally re- suits that have been filed over the last supported the Protection of Lawful sponsible for violence committed by 10 years, only 57 have actually involved Commerce in Arms Act over the years. armed criminals. the gun industry, 57, and for that we Mr. Speaker, this is a bipartisan bill. The fact of the matter is that there are taking time up here in Congress. Almost the same bill passed this House are several pending lawsuits which con- We hear constantly that this is a on this floor 285 to 140. Over 60 Demo- tinue to abuse the judicial system and good bipartisan bill, that over 200 of crats supported it. would threaten legitimate, lawful busi- our Members, Republicans and Demo- This legislation will stop baseless nesses, including in New York City and crats, basically support this legisla- lawsuits against gun manufacturers or right here in the District of Columbia. tion. May I remind many of my col- dealers based on the criminal or unlaw- We must also consider that just the leagues that the NRA has put extraor- ful third-party misuse of firearms. mere threat of these suits or taking dinary pressure on Members, and cer- This may seem like an obvious idea. the first couple of legal steps to defend tainly even in the States. After all, would we hold a car company these suits simply can be enough to With that being said, there are people responsible if a driver gets drunk or force some of the smaller companies out there that need to protect our vic- reckless and hits somebody with a ve- out of business. As one proponent of tims, and they should be protecting our hicle? Of course not. This is the United this tactic once bragged, we are going victims. My family went through a ter- States of America where we are respon- to make the gun industry die a ‘‘death rible tragedy years ago, and it was be- sible for our own actions; but yet these by a thousand cuts.’’ cause of gun violence. frivolous lawsuits against a vital, le- This legislation will end these coer- Now, they are saying that the gun in- gitimate and perfectly lawful industry cive and undemocratic lawsuits. dustry has nothing to do with the per- have continued unabated for the last I remind my colleagues and those son that buys the gun. Well, I say they several years in the simple hope of who are watching at home that this do have a purpose. We know that the bankrupting this industry. legislation is very narrowly tailored to gun industry, when they ship the guns This is a commonsense, logical piece allow suits against any bad actors to to gun dealers, and then a gun is used of legislation whose time has come. proceed. It includes carefully crafted in the commission of a crime, through The States, the courts and the Amer- exceptions to allow legitimate victims the tracing it goes back to the gun ican people have decided again and their day in court for cases involving dealer to say that this store bought the again that these harmful and baseless defective firearms, breaches of con- gun from here. They keep statistics on lawsuits are unfair and must be done tract, criminal behavior by a gun this. In New York State, over 60 per- away with. maker or seller, or the negligent en- cent of the guns used in crime are If anyone does not believe me, let us trustment of a firearm to an irrespon- traced back to the manufacturers. take a look at this map. It shows that sible person. With that being said, the majority of 33 States, or two-thirds of the United In conclusion, Mr. Speaker, I am our gun stores are legitimate owners. States, have laws prohibiting these pleased that we are voting on this bill. But again, 1 percent is causing over 60 same frivolous lawsuits. These States It has been a 6-year effort. It is with a percent of the harm in this Nation. consider it fair and just to prevent great deal of satisfaction to the 257 bi- With this bill that is going to be passed these junk lawsuits. I am proud to say partisan cosponsors that this bill, H.R. today, and it will be passed today and my home State of Florida is one of 800, as amended by the Senate and will be signed by the President, is not

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doing any favor for the citizens of the Mr. VAN HOLLEN. Mr. Speaker, I consin (Mr. SENSENBRENNER) and the United States. yield 3 minutes to the gentleman from Committee on the Judiciary for all Our courts are working, and they Massachusetts (Mr. MEEHAN). their hard work on this much-needed should continue to work. But again, it Mr. MEEHAN. Mr. Speaker, the gun piece of legislation. comes down to where the victims industry would like to see this legisla- Mr. Speaker, I consider myself a should be allowed to have their day in tion passed today so that they can pro- strong supporter of the second amend- court. What we are doing to the gun in- tect their profits. But I would like to ment to our Constitution and truly be- dustry is allowing them to have a blan- talk about the real people who will be lieve in the rights of Americans to ket, a blanket. My colleagues say that affected by this bill, people who have keep and bear arms. we can have our day in court. The suffered enough. For a long time, I have been very dis- hoops that they will have to go I would like to talk about a 26-year- mayed at the anti-gun lobby’s effort to through will make it near impossible. old father of two from my home State litigate the gun industry to death. The States that have the right, of Massachusetts whose death was a di- Taking gun manufacturers, whole- through their attorneys general, to sue rect result of negligence by a gun salers, and distributors to court for the the gun manufacturers should have maker. Five years ago, Danny Guzman actions of criminals is ludicrous. These their day in court. We are not looking was leaving a holiday party to go home are mostly small to medium-sized busi- to put anyone out of business. We are to see his daughters, Tammy and ness owners who cannot afford to pay not looking to take the right of some- Selena, but he never made it home. lawyer fees to avoid lawsuits. one to own a gun, but the gun industry Standing on the street, Danny Guzman Senate bill 397 is a bipartisan effort and these bad dealers are costing this was struck down by a stray bullet fired to reform the civil liability system to country over $100 billion in health care from a 9 millimeter handgun. That gun ensure that those who lawfully make every single year, and here we are that killed him made its way into and sell firearms cannot be held liable going to give them blanket immunity. criminal hands because a gun factory for the misuse and criminal use of I do not understand this. This is not employee had stolen it from his work- those firearms. The current system is equivalent to common sense. This is not protecting place and sold it on the black market. someone stealing my Chevrolet truck, the American people. And when the But this is no isolated incident. In committing a crime with it, and then American people and my gun owners that same year, over 25,000 guns hit GM being sued for millions of dollars hear exactly what should be done, they America’s streets after being stolen or for their misdeeds. Now this, to me, is agree with us. It is up to the American lost under suspicious circumstances. ridiculous. It is time for Congress to people to have their voices heard. And, according to court testimony in derail the efforts of certain organiza- I urge my colleagues to defeat this the case, stealing guns happened at the tions whose aim is to bankrupt the legislation. It is not good for the Amer- plant ‘‘all the time,’’ and it happened firearms industry through litigation. ican people, it is not good for the all the time because no system was in I urge my colleagues on both sides of health care system. place to prevent theft. It happened all the aisle to join me in supporting Sen- Mr. SENSENBRENNER. Mr. Speak- the time because the gun company was ate bill 397, a commonsense measure to er, I yield 1 minute to the gentleman negligent. And, in this particular case, protect small businesses and preserve from Indiana (Mr. PENCE). the employee got his job at the gun the second amendment rights of Amer- Mr. PENCE. Mr. Speaker, I thank the plant despite a criminal record that in- ican citizens. chairman for yielding me this time and cluded a history of drug abuse, theft, Mr. VAN HOLLEN. Mr. Speaker, I I thank him and the gentleman from and violence. yield myself such time as I may con- Florida (Mr. STEARNS) for their vision- Mr. Speaker, when big tobacco lied sume. ary leadership on this bipartisan legis- about the dangers of smoking, we held I want to address an issue we have lation. them accountable. When the pharma- not covered this morning, which deals The right to keep and bear arms is ceutical industry markets dangerous with the question of terrorists trying enshrined in the second amendment of drugs, we hold them accountable, too. to get their hands on guns in this coun- the Constitution of the United States, But what do we do when gun makers try. We know from our reports and and the Protection of Lawful Com- and dealers ruin countless lives records that Osama bin Laden and merce in Arms Act today will reaffirm through their reckless behavior, other terrorists have said to their ter- our Nation’s ability to keep, bear, and through their negligence? This House rorist network that they can easily ob- manufacture lawful firearms in the considers legislation to provide them tain weapons in the United States, and United States of America. By passing special protection and to deny gun vic- we know from a government account- this bill, Congress will prevent one or a tims and their families the justice they ability study from January of this year few State courts from bankrupting the deserve. that between February 3 and June 20 of national firearms industry with base- If this bill becomes law, the Guzman 2004, 35 known or suspected terrorists, less lawsuits. family in Massachusetts, in addition to those are people who are on the ter- Mr. Speaker, a gun, by its very na- losing a husband, a son, and a father, rorist watch list, purchased guns in the ture, is dangerous. But throughout the will lose their right of legal recourse United States, and that from July 1 history of tort law in this Nation, we and justice. It would be an unspeakably through October 31 of last year 12 addi- have built on the principle of indi- cruel case of justice denied. tional people on the terrorist watch vidual responsibility in which a prod- I strongly oppose this legislation and list purchased guns in the United uct may not be defined as defective un- I urge my colleagues to do the same. States. less there is something wrong with the Businesses in the firearms industry do Now, I think many Americans would product, not with the way that it is not deserve special treatment under be surprised to know that you can be used. The progeny of cases that have the law. on the terrorist watch list and you can emerged in recent years against gun Mr. SENSENBRENNER. Mr. Speak- go to the airport and try and board an manufacturers flies in the face of both er, I yield 1 minute to the gentleman airplane, and because you are on the our Constitution as well as the history from Colorado (Mr. SALAZAR) who is al- terrorist watch list, we say no, we want of common law and its tradition. ways welcome on this side of the aisle. to protect the public, we are not going It is time for Congress to fulfill its Mr. SALAZAR. Mr. Speaker, I thank to let you board this airplane and com- congressional duty, exercise its author- the gentleman for yielding me this promise the safety of other passengers ity under the commerce clause, and time. I rise today in support of Senate on that plane. But that person can then prevent a few State courts from bank- bill 397, the Protection of Lawful Com- get in their car at the airport, go to rupting our national firearms industry merce in Arms Act. I would like to their local gun store and buy as many that has as its foundation our constitu- thank the gentleman from Florida (Mr. semiautomatic weapons as that ter- tional right to keep and bear arms. STEARNS) and the gentleman from Wis- rorist wants. What is more, that person

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23268 CONGRESSIONAL RECORD—HOUSE October 20, 2005 can walk into that gun store and say, nal bill in the Senate, which did not large-capacity ammunition feeding de- hey, guess what? I am on the terrorist contain the Kohl-Reed amendment, had vice. watch list, and I want 12 semiauto- 62 cosponsors. I do not understand why These particular arms, illegal. And matic assault weapons, and under this then we are about to pass a measure therefore the manufacturer does have bill, if we pass it today, we could not that is a compromise of the two bills some liability in it. And this latest of- hold that gun store owner liable in any that were overwhelmingly supported fering of the bill, the gentlewoman way for a wrongful sale. by both Chambers. from California (Ms. ZOE LOFGREN) and How do I know that? We offered an Among the provisions of this amend- myself offered a bill that would exempt amendment in committee. Very sim- ment is a requirement of using devices law enforcement officers. ple. Let me read the language of the like a trigger lock to protect an indi- This bill does not even exempt law amendment. We said, we do not want vidual from a release of liability if a enforcement officers. And even in this to except from lawsuits and liability a criminal should take their weapon. For climate of homeland security, it is well seller who knows that the name of the example, trigger locks can violate a known that our first responders need to person appears in the violent gang and fundamental safety rule of keeping ev- be protected by the reckless use of ma- terrorist organization file maintained erything out of the trigger guard until chine guns and AK–47s. And this legis- by the Attorney General and the per- ready to shoot. The very real safety lation turns a blind eye to reality. It son subsequently used the qualified hazard is that the lock could actually turns a blind eye to the shooting of product, the weapon, in the commis- depress the trigger as it enters the children. It turns a blind eye to the sion of a crime. trigger guard if the weapon is not sniper in Washington, to the Philadel- We had a vote in committee on this cleared. phia mother. amendment. Every Republican member Having said that, though, I think it I ask my colleagues to vote against of the committee voted no, every is very important and I urge my col- this legislation. This is not the second Democratic member of the committee leagues to support the Protection of amendment. This is the NRA free legis- voted yes. The gentleman from Cali- Lawful Commerce in Arms Act, be- lation. fornia (Mr. WAXMAN) and I tried to get cause we need to take immediate steps Mr. SENSENBRENNER. Mr. Speak- through the Committee on Rules an to protect the firearms industry and er, I yield 3 minutes to the gentleman amendment so the whole House could manufacturers and responsible gun from Virginia (Mr. GOODLATTE). consider this proposition. What did the owners from the liberal left’s culture of Mr. GOODLATTE. Mr. Speaker, I rise Committee on Rules say? No. frivolous litigation and to legislate by in strong support of S. 397, the Protec- It seems to me outrageous that we lawsuit. tion of Lawful Commerce in Arms Act, would pass a bill that would allow and thank the chairman of the Judici- b 1115 someone to walk into that gun store, ary Committee, the gentleman from the gun store owner knows that person Mr. VAN HOLLEN. Mr. Speaker, I Wisconsin, for bringing this legislation is on the terrorist watch list, they sell yield 2 minutes to the gentlewoman forward. the person a gun, the person goes out from Texas (Ms. JACKSON-LEE). The second amendment to the U.S. and murders people and, under this leg- Ms. JACKSON-LEE of Texas. Mr. Constitution clearly declares that the islation, guess what? You can no longer Speaker, let me mention that the gen- rights of citizens to keep and bear arms hold them liable. That is a shame. tleman from Maryland (Mr. VAN HOL- shall not be infringed. Despite this fun- Mr. Speaker, I reserve the balance of LEN) has a long and prominent history damental protection, an extreme mi- my time. in knowing the laws of this Nation in Mr. SENSENBRENNER. Mr. Speak- nority determined to restrict the sup- his earlier life, and as well rendering er, I yield myself 30 seconds. ply of firearms and firearms ownership Mr. Speaker, the plain language of them in the proper manner. has discovered a new tool, frivolous the bill says that the hypothetical the And I want to follow the comments lawsuits. gentleman from Maryland just talked that you made about the amendments Recently, more than 30 cities and about falls under the negligent entrust- offered in the committee, and as well counties have filed lawsuits against the ment exemption from the bill, so a law- make mention of the fact of the kind of firearms industry alleging that the in- suit could proceed. Read the bill. complete reckless, if you will, lacking dustry is liable for the actions of third Mr. Speaker, I yield 2 minutes to the of sensitivity, to putting forward real parties, including those that use lawful gentleman from Kentucky (Mr. DAVIS). balanced legislation. firearms in a criminal manner. Many Mr. DAVIS of Kentucky. Mr. Speak- In our dissenting views, the Demo- legitimate firearms manufacturers er, I am a lifetime member of the Na- crats of this committee mentioned could be forced to go out of business tional Rifle Association and a life-long courts around the country, and by the due to the prohibitive costs of defend- shooting sports enthusiast. I have been way, there are views about gun safety ing these targeted lawsuits. an outspoken supporter of second across the aisle. But courts around the If the courts are so allowed to decide amendment rights and strongly sup- country have recognized that precisely the fate of gun manufacturers, then the port the original intent of this bill. the types of cases that would be barred trial lawyers and the courts will effec- I regret the legislation we are voting by this bill are grounded in well-ac- tively be regulating the supply of fire- on today contains the Kohl-Reed stor- cepted legal principles, including neg- arms and thus the right of citizens to age device amendment. We need to pro- ligence, products liability and public bear arms. tect the firearms industry, an industry nuisance. However, legislatures, not courts, are I would like to remind my colleagues These courts have held that those the proper forums for deciding the on the other side of the aisle is respon- who make and sell guns, like all others scope of regulation for the firearms in- sible for arming our troops, our law en- in society, are obligated to use reason- dustry. S. 397 would prevent plaintiffs forcement professionals, including the able care in selling and designing their from bringing civil actions against Capitol Police. But responsible gun products and that they may be liable firearm manufacturers and sellers for owners should not have further limits for foreseeable injurious consequences. the criminal or unlawful misuse of placed on their second amendment The courts have answered this ques- third parties of properly made fire- rights. Unfortunately, it has become tion. They have rejected frivolous law- arms. This bill will help to put an end necessary to enact legislation to pro- suits. And those that have merit they to the judiciary legislating in the fire- tect responsible owners, manufactur- have accepted. I offered an amendment arms field. ers, and sellers from frivolous liability that would exempt from the scope of It will also serve as an important lawsuits and criminals and others who the bill any lawsuit brought by a plain- statement that responsibility for irresponsibly handle firearms. tiff who was harmed as a result of an wrongdoing should rest with the The original legislation from the unlawful transfer of a machine gun, wrongdoer. As Oliver Wendall Holmes House had 257 cosponsors and the origi- semi-automatic assault weapon, or stated in an 1894 Harvard Law Review

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Let us get about protecting ability that sooner or later someone We have tried to make it a condition the victims. will buy a pistol of him for some un- that people who are on the terrorist Mr. Speaker, the material I pre- lawful end?’’ watch list cannot purchase weapons at viously referred to is as follows: The principle seems to be pretty well gun stores. The Attorney General in AMERICAN BAR ASSOCIATION, established in this country, at least, testimony before our committee said GOVERNMENTAL AFFAIRS OFFICE, that everyone has a right to rely upon maybe we should think about that. We Washington, DC, April 4, 2005. his fellow man acting lawfully. Over 30 have not passed that as a Congress. DEAR SENATOR: I am writing on behalf of States have enacted legislation to pre- And so for the chairman of the com- the American Bar Association to express our vent junk lawsuits against the firearms mittee to say that the gun store owner strong opposition to S.397, the Protection of Lawful Commerce in Arms Act, and to simi- industry based on the criminal behav- will be assumed to know that person is lar legislation to enact special tort laws for ior of others. These States have thus a danger, when the United States Con- the firearms industry. The ABA opposes declared that the responsibility for gress and the Judiciary Committee S.397, and has opposed similar legislation in wrongdoing should rest with wrong- have refused to make that decision, it the past two Congresses, because we believe doers. Congress should follow the is just plain wrong. The Congress has the proposed legislation is overbroad and States’ lead and pass S. 397. not gone on record saying that some- would unwisely and unnecessarily intrude The House has passed the Protection one on the terrorist watch list should into an area of traditional state responsi- of Lawful Commerce in Arms Act on not get a gun. Why should we expect a bility. The responsibility for setting substantive several occasions. Now the Senate has gun dealer and seller to do that? legal standards for tort actions in each passed it. We have a chance to send So this does open a loophole that state’s courts, including standards for neg- this bill to the President of the United would allow exactly the scenario I ligence and product liability actions, has States. talked about. been the province of state legislatures and I urge my colleagues to support this It would close the door on lawsuits an integral function of state common law important legislation. by the victims of the snipers in this since our nation was founded. S.397 would Mr. VAN HOLLEN. Mr. Speaker, I area. The letters I submitted for the preempt state substantive law standards for yield myself such time as I may con- RECORD from law professors and others most negligence and product liability ac- sume. make it absolutely clear that that is tions for this one industry, abrogating state law in cases in which the defendant is a gun Mr. Speaker, I will include in the what this does. manufacturer, gun seller or gun trade asso- RECORD the following letters in opposi- Look, we have got a system for ciation, and would insulate this new class of tion to S. 397. Letters from the ABA, bringing lawsuits. We heard from the protected defendants from almost all ordi- letters from two former directors of author of the bill, the gentleman from nary civil liability actions. In our view, the the ATF, a letter from a number of na- Florida (Mr. STEARNS), a number of legitimate concerns of some about the reach tionally recognized organizations, and cases that were filed that he said were of a number of suits filed by cities and state letters from a number of law profes- frivolous. Most of those cases were in governmental units several years ago have sors. fact dismissed from the courts. since been answered by the deliberative, competent action of state courts and within Mr. Speaker, a moment ago, I raised The system is working. Frivolous the traditions of state responsibility for ad- the scenario of a terrorist getting de- lawsuits were dismissed. But what this ministering tort law. nied access to an airplane because they legislation would do is to change the There is no evidence that federal legisla- are on the terrorist watch list going rules. It does not have to change the tion is needed or justified. There is no hear- down to a local gun shop and saying, rules to protect the ones that were dis- ing record in Congress or other evidence to You know, I am on that watch list, can missed; they have been dismissed under contradict the fact that the state courts are I get some guns? And under this legis- the existing rules. So why are we handling their responsibilities competently lation, that individual would be al- changing them? Because we want to in this area of law. There is no data of any kind to support claims made by the industry lowed to purchase those guns. deny people who bring legitimate suits that it is incurring extraordinary costs due I have read the bill, and that is why today, people like the families of the to litigation, that it faces a significant num- I offered the amendment in committee. sniper victims, people like the officers ber of suits, or that current state law is in And what the bill says very clearly from New Jersey, the police officers, any way inadequate. The Senate has not ex- under negligent entrustment is essen- who I must point out, again, and em- amined the underlying claims of the indus- tially if the gun dealer knows or should phasize obtained settlements in those try about state tort cases, choosing not to know that the person to whom the lawsuits. hold a single hearing on S.397 or its prede- product is supplied is likely to use the We want to close the courthouse door cessor bills in the two previous Congresses. Proponents of this legislation cannot, in product in a manner involving unrea- on them. I would just ask a very simple fact, point to a single court decision, final sonable risk of physical injury. question, Mr. Speaker, my colleagues. judgment or award that has been paid out Now, we all might say common sense We have a bill here saying we are going that supports their claims of a ‘‘crisis’’. All tells us that that would cover a person to protect the Lawful Commerce in evidence points to the conclusion that state on the terrorist watch list. But you Arms Act, which in fact changes the legislatures and state courts have been and know what, that is not what the expla- rules to make what is today unlawful, are actively exercising their responsibilities nation was in committee. In fact, I lawful. in this area of law with little apparent dif- have the committee transcript here, Why do we not go about the business ficulty. and the gentleman from Utah (Mr. of passing legislation to protect the S. 397 proposes to exempt his one industry from state negligence law. The proposed fed- CANNON) stated that the reason that victims of gun violence rather than eral negligence law standard will unfairly they did not want to adopt the amend- that small handful of bad-apple gun exempt firearms industry defendants from ment was not because the bill already dealers who wrongfully and negligently the oldest principle of civil liability law: covered that scenario. The real reason help put the guns in the hands of kill- that persons, or companies who act neg- was they have questions about the reli- ers in this country and allow them to ligently should be accountable to victims ability of the terrorist watch list and go on the kind of rampage that leads to harmed by this failure of responsibility. Neg- whether or not someone who is on the the death of so many people. ligence laws in all 50 states traditionally im- terrorist watch list is legitimately put The killers are in jail. Thank God for pose civil liability when individuals or busi- nesses fail to use reasonable care to mini- there. that. But why should someone who is mize the foreseeable risk that others will be Well, here is the question. If the ter- known to be negligent, who the ATF injured and injury results. But this proposed rorist watch list is good enough to found to be negligent and later closed legislation would preempt the laws of the 50 deny someone access to an airplane be- the gun shop, why should that person states to create a special, higher standard

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23270 CONGRESSIONAL RECORD—HOUSE October 20, 2005 for negligence actions for this one protected there is no evidence of any failure to date— we know that suspected terrorists are ob- class, different than for any other industry, cannot justify the unprecedented federal pre- taining firearms, and may well seek them protecting them from liability for their own emption of state responsibilities proposed in from irresponsible gun dealers, is nothing negligence in all but extremely narrow speci- this legislation. The ABA believes that the short of madness. fied exceptions. The ABA believes that state states will continue to sort out these issues The bill also would likely limit the ability law standards for negligence and its legal capably without a federal rewriting of state of state attorneys general to bring actions bedrock duty of reasonable care should re- substantive tort law standards. The wiser against gun sellers who violate state law, main the standard for gun industry account- course for Congress, we believe, is to respect such as those who engage in ‘‘straw sales’’ to ability in state civil courts, as these state the ability of states to continue to admin- someone who illegally buys guns on behalf of standards for the rest of our nation’s individ- ister their historic responsibility to define prohibited buyers. Had this bill been the law, uals, businesses and industries. the negligence and product liability stand- California may not have been able to levy The proposed federal product liability ards to be used in their state courts. For the $14.5 million fines Wal-Mart recently standards will unfairly insulate firearm in- these reasons, we urge you to reject S. 397. paid to settle a civil suit brought by the dustry defendants from accountability in Sincerely, California Attorney General concerning nu- state courts for design defects in their prod- ROBERT D. EVANS. merous violations of state law, including ucts. The proposed new federal standard sales to straw buyers. The bill would also would preempt the product liability laws in DEAR SENATORS AND REPRESENTATIVES: jeopardize state and local law enforcement all 50 states with a new, higher standard that The undersigned former Directors of the Bu- proceedings to shut down ‘‘kitchen table’’ would protect this industry even for failing reau of Alcohol, Tobacco, and Firearms dealers who sell guns out of their homes to to implement safety devices that would pre- (‘‘ATF’’) write to express our grave concern criminals. vent common, foreseeable injuries, so long as over pending legislation that the Congress is In closing, we would note that many of us any injury or death suffered by victims re- now considering. S. 397 and H.R. 800 would have other reservations as well about sub- sulted when the gun was not ‘‘used as in- provide sweeping immunity to members of stantive aspects of S. 397/H.R. 800. But even tended’’. the gun industry in numerous cases. While without those troublesome aspects, the re- Under existing product liability laws in there are many disturbing aspects to this strictions placed on law enforcement should most states, manufacturers must adopt fea- bill from a policy perspective, this letter be reason enough for Congress to reject this sible safety devices that would prevent inju- concerns one that is especially disturbing to dangerous legislation. We urge Congress to ries caused when their products are us, as it threatens ATF’s ability to fully and reject S. 397 and H.R. 800. foreseeably misused, regardless of whether effectively enforce our nation’s gun laws. STEPHEN HIGGINS, the uses are ‘‘intended’’ by the manufac- Supporters of gun industry immunity have Director (Ret.) ATF, turer, or whether the product ‘‘fails’’ or ‘‘im- added language to S. 397 and H.R. 800 that 1982–1995. properly’’ functions. Thus automakers have was not included in the gun immunity bills REX DAVIS, been held civilly liable for not making cars considered by the last Congress (H.R. 2037, S. Director (Ret.) ATF, crashworthy, even though the ‘‘intended 659, S. 1805, and S. 1806). This new language 1970–1978. use’’ is not to crash the car. Manufacturers includes provisions that threaten to block of cigarette lighters must make them law enforcement efforts by the ATF, as well DEAR MEMBER OF CONGRESS: Please oppose childproof, even though children are not ‘‘in- as state governments. Specifically, the legis- any legislation that would limit the legal tended’’ to use them. Under this proposed lation would now prohibit certain law en- rights of gun violence victims. The National Rifle Association and others legislation, however, state laws would be forcement ‘‘administrative proceeding(s).’’ in the gun lobby are pushing legislation that preempted so that gun manufacturers would § 4(5)(A). This goes well beyond barring civil would deprive gun violence victims of their enjoy a special immunity. damages suits, and is apparently intended to legal rights and give special legal privileges Enactment of S. 397 would also undermine curtail law enforcement proceedings against to the gun industry (House bill H.R. 800 and responsible federal oversight of consumer gun sellers who violate the law. Given the se- Senate bill S. 397). safety. The broad and, we believe, unprece- rious and persistent danger posed to society Similar legislation was defeated in the last dented immunity from civil liability that by irresponsible gun sellers who supply the Congress, and it must be stopped again in would result from enactment of S. 397 must criminal gun market and other prohibited the 109th Congress. be viewed against the existing legal back- purchasers, we find it outrageous that Con- Recently, gun violence victims have exer- drop of the present, unparalleled immunity gress would contemplate tying the hands of cised their legal rights and held reckless and the firearms industry enjoys from any fed- law enforcement to protect scofflaw dealers. irresponsible gun sellers accountable: eral safety regulation. Unlike other con- This broad new language threatens to Families of victims of the 2002 D.C.-area sumer products, there is no federal law or block any ATF ‘‘administrative proceeding’’ sniper attacks won a $2.5 million settlement regulatory authority that sets minimum that seeks ‘‘fines, or penalties, or other re- from Bull’s Eye Shooter Supply, the dealer safety standards for domestically manufac- lief’’ resulting from unlawful use of firearms who ‘‘lost’’ the snipers’ assault rifle, and tured firearms. This is because the firearms by third parties. § 4(5)(A). The bill would Bushmaster Firearms, the assault weapon industry was able to gain an exemption for likely prohibit ATF from initiating enforce- maker who supplied Bull’s Eye, while turn- firearms from the 1972-enacted Consumer ment proceedings including those to: ing a blind eye to its disgraceful record of Product Safety Act, the primary federal law Prohibit ATF from initiating proceedings missing guns and regulatory violations. Fur- that protects consumers from products that to revoke a gun dealer’s federal firearm li- ther, as part of the settlement, Bushmaster present unreasonable risk of injury. Over the cense if the dealer supplies guns to criminals agreed to inform its dealers of safer sales last 30 years, an average of 200 children or other prohibited buyers. Current law en- practices that will prevent other criminals under the age of 14 and over a thousand ables ATF to initiate proceedings to revoke from obtaining guns—something Bushmaster adults each year have died in gun accidents a federal firearm license if a gun dealer will- had never done before. which might have been prevented by existing fully violates federal law, such as by trans- Two former New Jersey police officers, Ken but unused safety technologies. A 1991 Gov- ferring a gun to a criminal. 18 U.S.C. § 923(e). McGuire and Dave Lemongello, shot in the ernment Accounting Office report estimated Limit ATF’s ability to prevent the impor- line of duty with a trafficked gun neg- that 31 percent of U.S. children’s accidental tation of non-sporting firearms used fre- ligently sold by a West Virginia dealer, won firearm deaths could have been prevented by quently in crimes. Current law enables ATF a $1 million settlement. The dealer had sold the addition of two simple existing devices to initiate proceedings to prohibit the im- the gun, along with 11 other handguns, in a to firearms: trigger locks and load-indicator portation of firearms that do not have a cash sale to what turned out to be a straw devices. Sadly, these minimal safety features ‘‘sporting purpose.’’ 18 U.S.C. § 925(d)(3). purchasing team. After the lawsuit, the deal- are still not required. We know from experience how important it er, as well as two other area pawnshops, im- This bill, if enacted, would insulate the is that ATF be able to enforce our nation’s plemented safer practices to prevent sales to firearms industry from almost all civil ac- gun laws to prevent firearms from being ob- traffickers, including a new policy of ending tions, in addition to its existing protection tained by terrorists, other criminals, and the large-volume sales of handguns. These re- from any consumer product safety regula- gun traffickers who supply them. To protect forms go beyond the law and are not imposed tions. Such special status for this single in- our citizens from the scourge of gun violence by any manufacturers or distributors. dustry raises serious concerns about its con- Congress should be strengthening our laws If the NRA’s special interest legislation stitutionality; victims of gun violence have and increasing ATF’s resources and ability had passed Congress, these victims would the right—as do persons injured through neg- to enforce those laws. To handcuff ATF, as never have obtained justice and it would be ligence of any party—to the equal protection this bill does, will only serve to shield cor- business as usual for these dangerous gun of the law. rupt gun sellers, and facilitate criminals and sellers. The risk that states may at some future terrorists who seek to wreak havoc with Instead of trying to close the courthouse date fail to appropriately resolve their tort deadly weapons. To take such anti-law en- doors to victims, Congress should be inves- responsibilities in an area of law—where forcement actions in the post-9/11 age, when tigating the gun industry, cracking down on

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23271 the corrupt dealers who arm drug gangs and Alameda County Million Mom March Infinite Inc. other criminals, and passing stronger laws to Chapter. Hoosiers Concerned About Gun Violence. stop gun deaths. Contra Costa County Million Mom March Iowa Please protect gun violence victims and Chapter. University of Iowa CPH/CBH. OPPOSE any Immunity legislation (H.R. 800/ Los Angeles County West Million Mom Iowans for the Prevention of Gun Violence. S. 397) that would deprive them of their legal March Chapter. rights. Marin County Million Mom March Chapter Kentucky Sincerely, Napa. Lexington and Central Kentucky Million Solano County Million Mom March Chap- NATIONAL GROUPS Mom March Chapter. ter. Maine Alliance for Justice. Nevada County Million Mom March Chap- American Association of School Psycholo- ter. Action Committee of Peace Action. gists. Orange County Million Mom March Chap- Maine Citizens Against Handgun Violence. American Association of Suicidology. ter. New England Coalition To Prevent Gun Vi- Americans for Democratic Action. Sacramento Valley Million Mom March olence. American Humanist Association. Chapter. Southern Maine Million Mom March Chap- American Public Health Association. San Diego County Million Mom March ter. Brady Campaign To Prevent Gun Violence Chapter. Maryland United With the Million Mom March. San Fernando Valley Million Mom March Life After Homicide. Child Welfare League of America. Chapter. Maryland Consumer Rights Coalition, Inc. Children’s Defense Fund. Santa Clarita Million Mom March Chapter. Ceasefire Maryland. Church Women United. Silicon Valley/Santa Clara County Million Montgomery County Million Mom March Coalition To Stop Gun Violence. Mom March Chapter. Common Cause. Sonoma County Million Mom March Chap- Chapter. Congregation of Sisters of St. Agnes Lead- ter. Massachusetts ership Team. South Bay/Long Beach Million Mom March The Sandbox Foundation. Consumer Federation of America. Chapter. Stop Handgun Violence. Consumers for Auto Reliability and Safety. Colorado Greater Boston Million Mom March Chap- Disciples Justice Action Network. Colorado Progressive Coalition. ter. Equal Partners in Faith. Physicians for Social Responsibility—Colo- Massachusetts’s Consumers’ Coalition. Evangelical Lutheran Church in America. rado Chapter. New England Coalition To Prevent Gun Vi- Hadassah The Women’s Zionist Organiza- Colorado Ceasefire Capitol Fund. olence. tion Of America. Denver Million Mom March Chapter. Michigan HELP Network. Connecticut League of Women Voters of the U.S. League of Women Voters of Michigan. Legal Community Against Violence. Hog River Music, LLC. Michigan Partnership to Prevent Gun Vio- National Council of Jewish Women. Society of Public Health Education. lence. National Council of Women’s Organization. Greater New Haven N.O.W. Detroit Million Mom March Chapter. National Research Center for Women & New England Coalition To Prevent Gun Vi- East Metro Detroit Million Mom March Families. olence. Chapter. Central Connecticut Million Mom March Physicians for Social Responsibility. Mid-Michigan/Lansing Million Mom March Chapter. Presbyterian Church (USA). Chapter. Fairfield County Million Mom March Public Citizen. Novi Million Mom March Chapter. Chapter. Religious Action Center of Reform Juda- Southwest Michigan Million Mom March ism. District of Columbia Chapter. States United to Prevent Gun Violence. STARS. West Metro Detroit/Washtenaw County The American Jewish Committee. R.O.O.T. Million Mom March Chapter. The Ms. Foundation for Women. Life After Homicide. Minnesota Society of Public Health Education—Na- The Society of Public Health Education Citizens for a Safer Minnesota. tional Capitol Area Chapter. (SOPHE). The Healing Circle. District of Columbia Million Mom March The United States Conference of Mayors. League Of Women Voters of Duluth. Chapter. Unitarian Universalist Association of Con- Northland Minnesota Million Mom March gregations. Florida Chapter. Veteran Feminists of America. IRC Coalition Against Gun Violence. Twin Cities Million Mom March Chapter. Women’s Institute for Freedom of the Florida Coalition to Stop Gun Violence. Missouri Press. Vero Beach Coalition against Gun Vio- Missouri Society for Public Health Edu- STATE/LOCAL ORGANIZATIONS lence. Central Florida Million Mom March Chap- cation. Arizona ter. Nevada Physicians for Social Responsibility—Ari- Northeast Florida Million Mom March XPOZ. zona Chapter Chapter. New Hampshire Arkansas South Florida Million Mom March Chap- New Hampshire Million Mom March Chap- Arkansas Coalition Against Domestic Vio- ter. Tampa Bay Million Mom March Chapter. ter. lence. Georgia New England Coalition To Prevent Gun Vi- California olence. American Public Health Association. Khadafy Foundation for Non-Violence. Georgia Federation of Professional Health New Jersey Concerned Citizens of Leisure World. Education. Union for Reform Judaism, NJWHVC. Sisters of Saint Joseph of Orange. Metro Atlanta Million Mom March Chap- Woodbridge Homeowners for Quality of Physicians for Social Responsibility. ter. Life. Marin Friends Meeting. Illinois Coalition For Peace Action. Orange County Substance Abuse Preven- Society of Public Health Education. tion Network. Citizens Resource for Children. Ceasefire NJ. Youth Alive. Episcopal Peace Fellowship Chicago Con- Bergen/Passaic County Million Mom March Gray Panthers. sumer Coalition. Chapter. Society of Public Health Education. Chicago Survivors Million Mom March Essex County Million Mom March Chapter. Physicians for Social Responsibility—Sac- Chapter. Mercer County Million Mom March Chap- ramento. North Suburban Chicagoland Million Mom ter. Orange County Citizens for the Prevention March Chapter. Shore County Million Mom March Chapter. Of Gun Violence. Southwest Chicagoland Million Mom Violence Prevention Coalition of Orange March Chapter. New York County. Springfield Million Mom March Chapter. Men Elevating Leadership. Women Against Gun Violence. Indiana Mothers Against Guns, Inc. Long Beach Coalition for the Prevention of Hispanic/African American Public Policy NY Chapter of the Society for Public Gun Violence. Institute. Health Education.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23272 CONGRESSIONAL RECORD—HOUSE October 20, 2005 New Yorkers Against Gun Violence (NA Charlottesville Million Mom March Chap- Thus, car dealers who negligently leave ve- YGV). ter. hicles unattended, railroads who negligently Lenox Hill School Based Primary Care Hampton Roads Million Mom March Chap- manage trains, hotel operators who neg- Program. ter. ligently fail to secure rooms, and contrac- New York Public Interest Research Group. Northern Virginia Million Mom March tors who negligently leave dangerous equip- Brooklyn King’s Million Mom March Chap- Chapter. ment unguarded are all potentially liable if ter. Richmond Million Mom March Chapter. their conduct creates an unreasonable and Broome County Million Mom March Chap- Roanoke Million Mom March Chapter. foreseeable risk of third party misconduct, ter. Washington including illegal behavior, leading to harm. Capitol Region Million Mom March Chap- In keeping with these principles, cases have Clark County (Vancouver) Million Mom ter. found that sellers of firearms and other prod- March Chapter. Manhattan Million Mom March Chapter. ucts (whether manufacturers, distributors or Nassau County Million Mom March Chap- Wisconsin dealers) may be liable for negligently sup- ter. Mothers Against Gun Violence. plying customers or downstream sellers Queens Million Mom March Chapter. Peace and Justice Committee of the ELCA whose negligence, in turn, results in injuries Suffolk County Million Mom March Chap- of Greater Milwaukee. caused by third party criminal or negligent ter. Milwaukee Million Mom March Chapter. conduct. In other words, if the very reason Westchester County Million Mom March Wisconsin Anti-Violence Effort. one’s conduct is negligent is because it cre- Chapter. ates a foreseeable risk of illegal third party North Carolina THE UNIVERSITY OF MICHIGAN conduct, that illegal conduct does not sever North Carolinians Against Gun Violence. LAW SCHOOL, the causal connection between the neg- Forsyth Mothers And Others Million Mom Ann Arbor, MI. ligence and the consequent harm. Of course, March Chapter. DEAR SENATORS AND REPRESENTATIVES: As defendants are not automatically liable for Wake County Million Mom March Chapter. a professor of law at the University of Michi- illegal third party conduct, but are liable West Triangle Million Mom March Chap- gan Law School, I write to alert you to the only if—given the foreseeable risk and the ter. legal implications of S. 397 and H.R. 800, the available precautions—they were unreason- Ohio ‘‘Protection of Lawful Commerce in Arms able (negligent) in failing to guard against Women Against Gun Violence. Act.’’ My colleagues, who join me in signing the danger. In most cases, moreover, the Inter-religious Partners in Action of this letter, are professors at law schools third party wrongdoer will also be liable. Greater Cleveland. around the country. This bill would rep- But, again, the bottom line is that under tra- Diocesan Social Action Office of Cleveland. resent a substantial and radical departure ditional tort principles a failure to take rea- Ohio Coalition Against Gun Violence. from traditional principles of American tort sonable precautions against foreseeable dan- Cleveland Million Mom March Chapter. law. Though described as an effort to limit gerous illegal conduct by others is treated no Greater Cincinnati Million Mom March the unwarranted expansion of tort liability, differently from a failure to guard against Chapter. the bill would in fact represent a dramatic any other risk. Oklahoma narrowing of traditional tort principles by S. 397 and H.R. 800 would abrogate this providing one industry with a literally un- firmly established principle of tort law. Oklahomans For Gun Safety Million Mom precedented immunity from liability for the Under this bill, the firearms industry would March Chapter. foreseeable consequences of negligent con- be the one and only business in which actors University of Oklahoma. duct. would be free utterly to disregard the risk, Oregon S. 397 and H.R. 800, described as ‘‘a bill to no matter how high or foreseeable, that their Oregon Consumer League. prohibit civil liability actions from being conduct might be creating or exacerbating a Ceasefire Oregon. brought or continued against manufacturers, potentially preventable risk of third party Physicians for Social Responsibility—Or- distributors, dealers, or importers of fire- misconduct. Gun and ammunition makers, egon. arms or ammunition for damages resulting distributors, importers, and sellers would, Lane County (Eugene) Million Mom March from the misuse of their products by oth- unlike any other business or individual, be Chapter. ers,’’ would largely immunize those in the free to take no precautions against even the Multnomah County (Portland) Million firearms industry from liability for neg- most foreseeable and easily preventable Mom March Chapter. ligence. This would represent a sharp break harms resulting from the illegal actions of Pennsylvania with traditional principles of tort liability. third parties. And they could engage in this Not Fair! No other industry enjoys or has ever enjoyed negligent conduct persistently, even with Ceasefire Pennsylvania. such a blanket freedom from responsibility the specific intent of profiting from sales of Allegheny County Million Mom March for the foreseeable and preventable con- guns that are foreseeably headed to criminal Chapter. sequences of negligent conduct. hands. Under this bill, a firearms dealer, dis- Center County Million Mom March Chap- It might be suggested that the bill would tributor, or manufacturer could park an un- ter. merely preclude what traditional tort law guarded open pickup truck full of loaded as- Montgomery and Delaware County Million ought to be understood to preclude in any sault rifles on a city street comer, leave it Mom March Chapter. event—lawsuits for damages resulting from there for a week, and yet be free from any Philadelphia Million Mom March Chapter. third party misconduct, and in particular negligence liability if and when the guns Rhode Island from the criminal misuse of firearms. This were stolen and used to do harm. A firearms argument, however, rests on a fundamental dealer, in most states, could sell 100 guns to Rhode Island Million Mom March Chapter. misunderstanding of American tort law. the same individual every day, even after the New England Coalition To Prevent Gun Vi- American law has never embraced a rule dealer is informed that these guns are being olence. freeing defendants from liability for the fore- used in crime—even, say, by the same vio- Texas seeable consequences of their negligence lent street gang. Austin Physicians for Social Responsi- merely because those consequences may in- It might appear from the face of the bill bility. clude the criminal conduct of third parties. that S. 397 and H.R. 800 would leave open the Central Texas (Austin) Million Mom March Numerous cases from every American juris- possibility of tort liability for truly egre- Chapter. diction could be cited here, but let the Re- gious misconduct, by virtue of several excep- Dallas Million Mom March Chapter. statement (Second) of Torts suffice: tions set forth in Section 4(5)(i). Those ex- South Texas Million Mom March Chapter. ‘‘449. TORTIOUS OR CRIMINAL ACTS THE PROB- ceptions, however, are in fact quite narrow, Utah ABILITY OF WHICH MAKES ACTOR’S and would give those in the firearm industry Peace and Justice Commission of Salt CONDUCT NEGLIGENT little incentive to attend to the risks of fore- Lake Catholic Diocese. ‘‘If the likelihood that a third person may seeable third party misconduct. Gun Violence Prevention Campaign of act in a particular manner is the hazard or One exception, for example would purport Utah. one of the hazards which makes the actor to permit certain actions for ‘‘negligent en- Salt Lake City Million Mom March Chap- negligent, such an act whether innocent, trustment.’’ The bill goes on, however, to de- ter. negligent, intentionally tortious, or criminal fine ‘‘negligent entrustment’’ extremely nar- Vermont does not prevent the actor from being liable rowly. The exception applies only to sellers, for harm caused thereby.’’ (emphasis sup- for example, and would not apply to distribu- New England Coalition To Prevent Gun Vi- plied) tors or manufacturers, no matter how egre- olence. Similarly, actors may be liable if their gious their conduct. Even as to sellers, the Virginia negligence enables or facilitates foreseeable exception would apply only where the par- VA Interfaith Center for Public Policy. third party criminal conduct. ticular person to whom a seller supplies a

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23273 firearm is one whom the seller knows or versity of Houston Law Center; Pro- sity Law School; Professor Norman ought to know will use it to cause harm. The fessor Jean M. Eggen, Widener Univer- Stein, University of Alabama School of ‘‘negligent entrustment’’ exception would, sity School of Law; Associate Professor Law; Professor Duncan Kennedy, Har- therefore, not permit any action based on Christine Haight Farley, American vard Law School; Professor Frank J. reckless distribution practices, negligent University, Washington College of Law; Vandall, Emory University School of sales to gun traffickers who supply criminals Associate Professor Ann E. Freedman, Law; Professor Kelly Weisberg, Univer- (as in the above example), careless handling Rutgers Law School—Camden; Pro- sity of California Hastings College of of firearms, lack of security, or any of a fessor Gerald Frug, Harvard Law the Law; Professor Robin L. West, myriad potentially negligent acts. School; Professor Barry R. Furrow, Georgetown University Law Center; Another exception would leave open the Widener University School of Law; As- Professor Christina B. Whitman, Uni- possibility of liability for certain statutory sociate Clinical Professor Craig versity of Michigan School of Law; violations, variously defined, including those Futterman, University of Chicago Law Professor William M. Wiecek, Syracuse described under the heading of negligence School; Professor David Gelfand, University College of Law; Professor per se. Statutory violations, however, rep- Tulane University Law School; Pro- Bruce Winick, University of Miami resent just a narrow special case of neg- fessor Phyllis Goldfarb, Boston College School of Law; Professor Stephen ligence liability. No jurisdiction attempts to Law School; Professor Lawrence Wizner, Yale Law School; Professor legislate standards of care as to every detail Gostin, Georgetown University Law William Woodward, Temple University of life, even in a regulated industry; and Center; Professor Michael Gottesman, Beasley School of Law. there is no need. Why is there no need? Be- Georgetown University Law Center. Mr. Speaker, I yield back the balance cause general principles of tort law make Professor Stephen E. Gottlieb, Albany of my time. clear that the mere absence of a specific Law School; Professor Phoebe Haddon, Mr. SENSENBRENNER. Mr. Speak- statutory prohibition is not carte blanche Temple University Beasley School of for unreasonable or dangerous behavior. S. Law; Professor Jon D. Hanson, Harvard er, I yield myself the balance of my 397 and H.R. 800 would turn this traditional Law School; Professor Douglas R. time. framework on its head; and free those in the Heidenreich, William Mitchell College Mr. Speaker, a gun by its very nature firearms industry to behave as carelessly as of Law; Professor Kathy Hessler, Case must be dangerous. So may an auto- they would like, so long as the conduct has Western Reserve University School of mobile or a knife, or a piece of machin- not been specifically prohibited. If there is Law; Professor Eric S. Janus, William ery that does not work properly. There no statute against leaving an open truckload Mitchell College of Law; Professor are a lot of dangerous things that we as of assault rifles on a street corner, or against Sheri Lynn Johnson, Cornell Law human beings utilize; and if they work selling 100s of guns to the same individual, School; Professor David J. Jung, Uni- under this bill there could be no tort liabil- versity of California Hastings College properly, they can be utilized for some- ity. Again, this represents radical departure of Law; Associate Professor Ken thing that is good and something that from traditional tort principles. Katkin, Salmon P. Chase College of is lawful. My aim here is simply to provide informa- Law, Northern Kentucky Univ.; Pro- Tort law, however, rests upon a foun- tion, and insure that you are not inadvert- fessor David Kairys, Temple University dation of individual responsibility, in ently misled about the meaning and scope of Beasley School of Law; Professor Kit which the product may not be defined S. 397 and H.R. 800. As currently drafted, this Kinports, University of Illinois School as defective unless there is something Bill would not simply protect against the ex- of Law; Professor Martin A. Kotler, wrong with the product, rather than pansion of tort liability, as has been sug- Widener University School of Law; with the product’s user. gested, but would in fact dramatically limit Professor Baily Kuklin, Brooklyn Law the application of longstanding and other- School; Professor Arthur B. LiFrance, And what this bill attempts to do is wise universally applicable tort principles. It Lewis and Clark Law School; Professor to get tort law back to its original provides to firearms makers and distributors Sylvia A. Law, NYU School of Law. moorings where the manufacturer of a literally unprecedented form of tort immu- Professor Ronald Lasing, Lewis and the product that is not defective in its nity not enjoyed or even dreamed of by any Clark Law School; Professor Robert nature is not legally liable for the other industry. Justin Lipkin, Widener University criminal misuse of that product by its Professor Sherman J. Clark, University of School of Law; Professor Hugh C. user. Michigan Law School; Professor Richard L. Macgill, University of Connecticut That is what the issue is before the Abel, UCLA Law School; Professor Barbara School of Law; Professor Mari J. House today in consideration of S. 397. Bader Aldave, University of Oregon School of Matsuda, Georgetown University Law Law; Professor Mark F. Anderson, Temple Center; Associate Professor Finbarr Now, S. 397 while preventing frivolous University Beasley School of Law; Professor McCarthy, University Beasley School and abusive lawsuits also ensures that Emeritus James Francis Bailey, III Indiana of Law; Director (Retired Professor) bad actors can continue to be sued. University School of Law; Professor Eliza- Christine M. McDermott, Randolph The bill allows the following types of beth Bartholet, Harvard Law School; Pro- County Family Crisis Center, North lawsuits to be filed: first, an action fessor Peter A Bell, Syracuse University Col- Carolina; Professor Joan S. Meier, against a person who transfers a fire- lege of Law; Professor Margaret Berger, George Washington University Law arm or ammunition knowing that it Brooklyn Law School; Professor M. Gregg School; Professor Naomi Mezey, will be used to commit a crime of vio- Bloche, Georgetown University Law Center; Georgetown University Law Center; Professor Michael C. Blumm, Lewis and Professor Eben Moglen, Columbia Law lence or drug-trafficking crime or a Clark Law School; Professor Carl T. Bogus, School; Professor Dawn C. Nunziato, comparable or identical State felony Roger Williams University School of Law; George Washington University Law law; Professor Cynthia Grant Bowman, North- School; Professor Michael S. Perlin, Second, an action brought against western University School of Law; Director New York Law School; Clinical Pro- the seller for negligent entrustment or of the MacArthur Justice Center and Lec- fessor Mark A. Peters, Northwestern negligence, per se; turer in Law, Locke Bowman, University of School of Law, Lewis and Clark Col- Third, actions in which a manufac- Chicago Law School; Professor Scott Burris, lege; Professor Mark C. Rahdert, Tem- turer or seller of a qualified product Temple University Beasley School of Law; ple University Beasley School of Law; violates a State or Federal statute ap- Professor Donna Byrne, William Mitchell Professor Denise Roy, William Mitchell College of Law; Professor Emily Calhoun, College of Law. plicable to the sales or marketing when University of Colorado School of Law. Professor Joyce Saltalamachia, New such violation was the proximate cause Professor Erwin Chemerinsky, Duke Law York Law School; Clinical Assistant of the harm for which the relief is School; Associate Clinical Professor Professor David A. Santacroce, Univer- sought. And this exception would spe- Kenneth D. Chestek, Indiana Univer- sity of Michigan School of Law; Pro- cifically allow lawsuits against fire- sity School of Law; Associate Professor fessor Niels Schaumanm, William arms dealers such as the dealer whose Stephen Clark, Albany Law School; Mitchell College of Law; Professor firearm ended up in the hands of the Professor Marsha N. Cohen, University Margo Schlanger, Washington Univer- D.C. snipers and those who fail to of California Hastings College of the sity School of Law; Professor Marjorie Law; Professor Anthony D’Amato, M. Shultz, University of California maintain the required inventory lists Northwestern University School of Boalt School of Law; Senior Lecturer necessary to ensure they are alerted to Law; Professor John L. Diamond, Uni- Stephen E. Smith, Northwestern Uni- any firearms theft; versity of California Hastings College versity School of Law; Professor Peter Fourth, actions for breach of contact of Law; Professor David R. Dow, Uni- J. Smith, George Washington Univer- or warranty in connection with the

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23274 CONGRESSIONAL RECORD—HOUSE October 20, 2005 purchase of a firearm or ammunition, Mr. HOYER. Mr. Speaker, I do not believe or dealer from selling, delivering, or transfer- and actions for damages resulting di- that manufacturers or sellers of weapons ring a handgun without a ‘‘secure gun storage rectly from a defect in design or manu- should be liable for injuries, which result from or safety device.’’ Each and any violation of facture of a firearm or ammunition. the use of their products in criminal ways, sim- this requirement can result in a person being This is a carefully crafted bill. It pro- ply because they produce and distribute their fined up to $2,500 or having his license re- vides immunity for people who have products. voked. This gun lock requirement amounts to not done anything wrong, even thought The manufacture, distribution and sale of the imposition of a new Federal tax on each their products may be used in a crimi- firearms is legal in our Nation. And unless a handgun sale because gun buyers will be nal nature; but it does allow lawsuits manufacturer or seller of arms acts in some forced to pay the cost of the ‘‘secure gun stor- to proceed against the bad actors. wrongful or criminal way, holding them liable age or safety device’’ that is required with a It ought to be passed. I am sure it effectively as insurers—I believe is inappro- handgun, irrespective of if that device is de- will be passed, and finally we can lay priate and probably a violator of the Constitu- sired. Further, the severe penalties for non- this issue to rest after 6 years of de- tion’s Commerce Clause. compliance—whether intentional or acci- bate. I urge the Members to support For example, I believe that the lawsuit pend- dental—add yet more weight to the crippling this legislation, to send it to the Presi- ing in Federal court between the District of regulations that hang over gun transactions in dent for his signature, and then we can Columbia and Beretta and other gun manufac- the United States. move on. turers is an example of a claim that would ef- Second, a section was added to the bill to Mr. HONDA. Mr. Speaker, I rise today to ex- fectively make gun manufacturers insurers for create draconian penalties for people who press my concern over S. 397, the Protection wrongful conduct. I expect the manufacturers possess ‘‘armor piercing’’ bullets. Just like the of Lawful Commerce in Arms Act. The safe to prevail in that case. Democratic Congress before it that passed the and lawful use of firearms is very important to However, the bill before us goes beyond ‘‘assault weapons’’ ban, the Republican Con- me. When I was in the California State As- this premise, and overreaches in key respects. gress is poised to give in to anti-gun rights sembly, I chaired the Public Safety Committee First, I oppose the ‘‘look back’’ provision in scare tactics by selectively banning bullets. In- where I worked to pass sensible gun safety this bill that requires the immediate dismissal stead of each gun owner being able to decide legislation and I have voted to ban assault of civil liability lawsuits against gun manufac- what ammunition he uses in his gun, Federal weapons. I firmly believe we must pass sen- turers that are pending on the date of enact- bureaucrats will make that decision. To recog- sible gun laws for the safety of all. ment. nize the threat such regulation places on gun The measure on the House floor today is in- As a matter of principle and as a matter of owners, just consider that a gun without am- tended to protect a manufacturer or seller of a policy, I do not believe that Congress should munition is nothing more than an expensive firearm, from any legal liability stemming from pass legislation that interferes with on-going club. Regulating ammunition is the back door the criminal or unlawful misuse of that firearm. civil lawsuits. This is tantamount to changing path to gun regulation. The legislation also requires the immediate The ‘‘armor piercing’’ bullets restriction im- the rules in the middle of the game, and I gen- dismissal of pending lawsuits, even cases in poses a 15 years mandatory minimum sen- erally believe this approach is inappropriate. which a court has found the suit to be meri- tence for just carrying or possessing such bul- And second, I am troubled that, as the torious. I fear this bill will deny justice to inno- lets—even without a gun—during or in ‘‘rela- American Bar Association has pointed out, the cent victims of gun violence, and therefore I tion to’’ a crime of violence or drug trafficking. legislation would preempt State product liabil- will oppose it. Given the wide scope of criminal laws and the In recent years, dozens of individuals and ity laws with a new, higher standard that fact that people are on occasion accused of municipalities have filed lawsuits against gun would protect the gun industry even if it failed crimes they did not commit, this provision manufacturers for damages caused by gun vi- to implement safety devices that would pre- promises to discourage many non-violent, law- olence. Such suits typically contend that gun vent foreseeable injuries, so long as an injury abiding individuals from possessing ammuni- makers knowingly provide weapons to irre- or death suffered by a victim resulted when tion protected under the Second Amendment. sponsible gun dealers, who then take advan- the gun was not ‘‘used as intended.’’ Further, it does not take much imagination to tage of gun sale loopholes to sell weapons to Today, manufacturers must adopt feasible see how such a provision could be used by an criminals. Some of these lawsuits by victims of safety devices that would prevent injuries anti-gun prosecutor in the prosecution of an gun violence have begun to expose how the caused when their products are foreseeably individual who used a gun in self defense, es- gun industry’s reckless, though not always misused, regardless of whether the uses are pecially considering that use of such bullets to technically criminal, sales tactics supply crimi- ‘‘intended’’ by the manufacturer, or whether murder can result in a death sentence. In such nals with weapons. the product ‘‘fails’’ or ‘‘improperly’’ functions. instances, a defendant who exercised self de- The gun lobby argues that S. 397 prohibits If perfected, I might well have voted for this fense may well accept a guilty plea bargain to ‘‘frivolous’’ lawsuits, while allowing ‘‘legitimate’’ bill. However, no amendments were allowed avoid the severe enhanced penalties imposed cases to proceed through the legal system. by the Republican Majority to answer the con- under S. 397. However, many legal experts confirm that this cerns I have expressed. Therefore, I will vote I am particularly disturbed that the House of bill would give the gun industry sweeping im- ‘‘no.’’ Representatives’ leadership has taken the un- munity that no other industry has, and would Mr. PAUL. Mr. Speaker, while I sympathize usual step of bringing S. 397 to the floor for bar many meritorious cases brought by victims with the original objective of S. 397, the Pro- a vote without House members at least having of gun violence injured or killed by negligent tection of Lawful Commerce in Arms Act, I am an opportunity to vote on removing the gun gun sellers and manufacturers. The bill would forced to oppose this legislation primarily be- control amendments. Instead of voting on a even restrict many cases in which a product cause of unconstitutional gun control amend- bill that contains the new gun control provi- defect is at issue. ments added to the bill in the Senate. sions, we should be considering H.R. 800, the S. 397 seeks to provide sweeping legal im- As a firm believer in the Second Amend- House version of S. 397 prior to its perversion munity to an industry that already enjoys ex- ment to the United States Constitution and an by gun control amendments. Notably, Gun emptions from Federal health and safety regu- opponent of all Federal gun laws, I cannot Owners of America has written to House lations. It would dramatically re-write liability support a bill that imposes new, unconstitu- members to request that they oppose S. 397 law for the direct benefit of a single industry. tional gun controls on Americans. I believe and, instead, support H.R. 800. Last month, I Furthermore, lawsuits brought on behalf of that the Second Amendment is one of the wrote to House Speaker DENNIS HASTERT, Ma- officers injured or killed in the line of duty by foundations of our constitutional liberties. In jority Leader TOM DELAY, and Committee on guns negligently sold by dealers, would be fact, I have introduced legislation, the Second the Judiciary Chairman JAMES SENSEN- barred. If immunity for the gun industry is en- Amendment Protection Act (H.R. 1703), which BRENNER of my opposition to these anti-gun acted, police officers who put their lives on the repeals misguided Federal gun control laws rights provisions in S. 397. While I am con- line every day to protect the public would have such as the Brady Bill. cerned about some of the federalism implica- no legal recourse when they are harmed due Senate amendments added two sections to tions of H.R. 800, it is a far superior bill be- to another’s negligence. S. 397 that impose unconstitutional controls cause it neither requires gun locks nor re- Mr. Speaker, we should not be providing on American gun owners and sellers. stricts gun owners’ ammunition choices. this blanket immunity to the gun industry and First, a section was added to the bill to out- With 258 sponsors and cosponsors, H.R. I therefore oppose this measure. law any licensed gun importer, manufacturer, 800 would easily pass the House. The House

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23275 voting for H.R. 800 would allow the differences the neglect and irresponsibility of gun manu- have held negligent suppliers accountable. In between H.R. 800 and S. 397 to be reconciled facturers and dealers. I urge my colleagues to September 2004, eight victims received a set- in conference committee. In conference, every vote, ‘‘no’’ on S. 397, and to support the rights tlement from the dealer that ‘‘lost’’ the snipers’ expectation would be that the new gun control of potential victims of gun violence. assault rifle from its inventory, along with at provisions would be stripped from the legisla- Mr. BRADLEY of New Hampshire. Mr. least 238 other guns. The victims’ families tion given that the original, unamended S. 397 Speaker, I rise today in support of The Protec- also received a settlement from the manufac- had 62 Senate sponsors and cosponsors—a tion of Lawful Commerce in Arms Act. It is crit- turer who negligently supplied the dealer de- filibuster proof majority—in the Senate. ical that the House once again pass this legis- spite its record of missing guns and regulatory I regret that, under the guise of helping gun lation in order to reduce the burden of unsub- violations. Most importantly, as part of the set- owners, the House of Representatives is today stantiated lawsuits and the infringement on our tlement, the manufacturer agreed to instruct its considering imposing new unconstitutional gun Second Amendment rights. dealers of safer sales practices that should controls. I, thus, must oppose S. 397. When crimes are committed by a person prevent other criminals from obtaining guns. Mrs. CUBIN. Mr. Speaker, I hail from a using a firearm, I support tough sentencing Since the National Rifle Association owns State that respects the fundamental, individual guidelines as well as full and vigorous en- about two-thirds of the Congress, guns have right to own firearms granted to all Americans forcement of all applicable laws. We must fewer safety regulations than teddy bears. The by the Second Amendment. This right, so es- focus on the perpetrators of the crime, rather American people can’t look to Congress to sential to our liberty, is under assault by legal than frivolous lawsuits directed at gun manu- protect them, so they have no choice but to teams bent on destroying the firearms indus- facturers which will only restrict the rights of turn to the courts. It’s no surprise that this last try. lawabiding citizens. resort will now be shut down out of deference They have tried and failed to accomplish The State of New Hampshire has a long to the almighty gun industry. this in the People’s House and in State legis- history of protecting individual rights and lib- As if this blatant pandering to an industry re- latures. Now they are using our courts, filing erties. For millions of Americans, and the sponsible for widespread violence and may- lawsuits with no legal merit, yet still incurring many citizens of New Hampshire, firearms hem isn’t bad enough, this bill also violates tremendous legal expense. provide protection for individuals and their the fundamental right of every American to These lawsuits rest on the misguided notion families. I stand in support of this legislation have their day in court. As soon as the Presi- that those in the firearm industry are liable for and I will work to see that the Second Amend- dent signs this bill into law, Americans will be the criminal misuse of their products. This is a ment right of our citizens to protect them- able to sue the manufacturer of any product dangerous precedent. It makes as much selves will not be infringed upon. except for guns for death, injury, and any Mr. GRAVES. Mr. Speaker, I rise today in sense as suing car manufacturers for damage, other kind of negligence. Congress, at the be- support of the Protection of Lawful Commerce injury or death caused by car thieves or joy hest of the NRA, will close the courthouse in Arms Act. riders. Over the last few years, trial lawyers have doors to gun victims. I vote ‘‘no’’ on this bill because no industry, It is important to every firearm owner in the filed suit against firearms manufacturers certainly not the gun industry, should have the State of Wyoming that these lawsuits stop. If across the country in the hopes of bankrupting allowed to continue, firearms could become the industry. These frivolous lawsuits are often right to conduct their business without the unavailable and unaffordable to the law-abid- based on the dubious premise that gun manu- oversight of the judicial system. Mr. DAVIS of Illinois. Mr. Speaker, I rise ing citizen. The Protection of Lawful Com- facturers should be held liable for the actions today in opposition to S. 397, the Protection of merce in Arms Act will stop these lawsuits, of others who use their products in a criminal Lawful Commerce in Arms Act. This resolution while protecting causes of action based on or unlawful manner. negligence, defective product and other valid This abuse of the legal process demands immunizes the gun industry—including manu- claims. strong Congressional action, and we are re- facturers, distributors, dealers, or importers of I ask my colleagues to pass this legislation. sponding with this legislation. This bill will pro- firearms and ammunitions—from civil liability By doing so, we stand up for the constitutional tect the firearms industry from lawsuits based arising from the criminal and unlawful misuse right of law-abiding Americans to protect them- on the criminal or unlawful third-party misuse of their products. Advocates of this bill believe selves, their homes, and their families. of their products. This law is necessary to pre- that it is necessary to pass in order to prevent Ms. KILPATRICK of Michigan. Mr. Speaker, vent a few state courts from undermining our the rise of ‘‘frivolous’’ lawsuits against compa- I rise in opposition to S. 397, the Protection of Second Amendment rights guaranteed by the nies that manufacture and distribute firearms. Lawful Commerce in Arms Act. My opposition Constitution. Contrary to many rumors, this bill Advocates say, the Second Amendment of the to the measure is based on my belief that it will not prevent legitimate victims from having Constitution protects the rights of these com- is overly expansive and overarching. This bill their day in court for cases involving defective panies to irresponsibly sell their products with- prohibits civil liability lawsuits against gun firearms, breaches of contract, criminal behav- out any repercussions for the misuse of their manufacturers from being brought in Federal ior by a gun maker or dealer, or the negligent product. I believe there is a delicate balance or State court. entrustment of a firearm to an irresponsible between the right to bear arms, a right pro- My congressional district is beset by gun vi- person. vided by the Constitution, and the need to pre- olence. I believe that gun owners, manufactur- Mr. Speaker, while I have serious concerns vent gun violence. This bill, if passed into law, ers and dealers must assume responsibility for about the trigger lock language added to this will unfairly shift the balance. Through the the wanton gun violence that is being per- bill in the Senate, the Protection of Lawful laws vested in the Constitution, every Amer- petrated as result of the willful neglect of gun Commerce in Arms Act is an important step in ican has been given the responsibility to keep dealers who cast blind eyes to illegal and irre- the right direction. The reality is that we need and bear arms, but this resolution will dis- sponsible gun sales to minors, felons and po- a bill to be signed into law, and this is our mantle all progress that has been made to- tential terrorists. It appears to me that we are greatest opportunity to accomplish meaningful ward the fight against crime. unwisely and gratuitously insulating gun manu- reform which benefits all lawful gun owners Each year more than 30,000 gun-related facturers from bona fide civil lawsuits. and enthusiasts. These irresponsible lawsuits deaths occur; a third of these 30,000 deaths This bill protects gun manufacturers but seriously threaten the supply of guns and am- are committed with malicious ‘‘intent by cus- does absolutely nothing to protect innocent munition available for hunting, self-defense, tomers of the arms industry who exploit their victims of gun violence. I am also concerned collecting, competitive or recreational shooting, Second Amendment Right. Since 2000, we that we have prohibited suits from being and other lawful activities, and it is time to put have witnessed a 9 percent increase in gun- brought in both Federal and State courts and a stop to them. related homicides. In 2003, firearms were that police officers shot in the line of duty are Mr. STARK. Mr. Speaker, I rise in opposi- used in over 365,000 cases of violent crime. barred from filing lawsuits. For the families of tion to the so-called Protection of Lawful Com- Fifty percent of all the African American fallen offices, their only recourse to obtain merce in Arms Act because I don’t believe youngsters between the ages of 15 and 19, compensation for the loss of their loved one is that giving gun makers, gun dealers, and gun who die, die from gun violence. When guns through the civil lawsuit process. trade associations special exemption from law- and ammunitions reach the wrong hands, we I contend that it is vital to preserve the right suits makes our streets any safer. must be able to hold accountable the compa- of citizens to seek redress through civil law- If this law had been in place, the families of nies that put destructive weapons in the hands suits for any harm they experience by virtue of victims of the DC-area sniper could never of these criminals.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23276 CONGRESSIONAL RECORD—HOUSE October 20, 2005 My dissent for this bill focuses around the tributors—provisions that are equally or more suits arising from the acts of people who crimi- lack of responsibility required by arms dealers. important—are another matter. nally or unlawfully misuse their products. The When the desired intent of a product is to fa- I also think we should at least debate and bill preserves citizen access to firearms and tally wound an object through legal or illegal consider whether reducing the deterrent effect ammunition for all lawful purposes, including means, there will always be the need of a high of potential liability might increase the chance hunting, self-defense, collecting and competi- demand of accountability. For cases of gun vi- that firearms could knowingly or negligently be tive or recreational shooting. olence in which the firearms industry should transferred to criminals or terrorists. I think the I believe that manufacturers and sellers of be held responsible, this resolution does not seriousness of this is illustrated by the report firearms and ammunition must be protected protect its victims. In past years, State and of the Government Accountability Office from restrictions on interstate or foreign com- Federal Courts have found these types of (GAO) indicating that last year alone there merce. In light of the concerted efforts by op- cases to be grounded in such credible legal were at last 56 times when people the federal ponents of the Second Amendment to destroy principles as negligence, product liability, and government considered known or suspected the gun industry through frivolous lawsuits, it public nuisance. If this legislation passes, the terrorists attempted to purchase firearms. has become imperative that we protect the high demand of accountability and liability re- It’s true that under current law, even ac- jobs and economic well-being of the thou- quired by firearms companies will drastically tual—let alone suspected—membership in a sands of people who work for manufacturers decrease. For these reasons, I cannot support terrorist organization, by itself, is enough to and sellers of firearms and ammunition. I find the bill. bar someone from purchasing a firearm. But the idea of holding an industry liable for the Mr. UDALL of Colorado. Mr. Speaker, some instead of considering a possible change to criminal misuse of their legal products deplor- of my constituents have let me know they dis- this part of current law, today we are debating able. Our nation cannot allow the innocent to agreed with my past vote against similar legis- whether the law should be changed to reduce, pay for the dealings of the guilty, or we cir- lation. They asked me to take a closer look not strengthen, the legal deterrents to such cumvent the very foundation of the rule of law. and consider voting for this bill today, and I purchases. It is the individuals who commit violent crimes, promised to do so. Mr. Speaker, I know that litigation can be not the makers of the means, who must take However, after careful review of the bill and costly, and I am not in favor of frivolous law- personal responsibility for their actions through consideration of points raised by its supporters suits. Nor am I in favor of banning gun owner- the restitution and civil penalties affirmed by and opponents, I have concluded that I cannot ship or abolishing the domestic gun manufac- law. This should be the case whether or not in good conscience vote for it. turing industry. Earlier this year, for example, a firearm was used to commit the crime. I voted against similar legislation in the past I voted against an amendment that would Without this legislation, further unfounded because I was not convinced there was a have banned the export of certain American lawsuits against the gun industry will lead in- need for Congress to take such action to re- firearms overseas. And since the House last evitably to an encroachment upon our Second strict certain lawsuits against the manufactur- considered similar legislation I have also un- Amendment rights. Congress must work dili- ers and sellers of firearms. And I still am not dertaken a deeper review of Second Amend- gently to reduce the level of political rhetoric convinced that the potential adverse con- ment concerns and my staff and I have met surrounding gun control, protect the Second sequences of those lawsuits are so great that with thoughtful and enthusiastic Coloradans Amendment, and promote the role of personal Congress should close the courthouse door to (like my good friend Rick Reeser) who feel dif- responsibility in society. This bill is a key element of our effort to people who think they have valid claims. ferently about the implications and desirability bring some sanity to what’s become a thriving And, as in the past, I am particularly reluc- of this legislation. I have also had many in- personal injury industry in this country. Ameri- tant to support legislation that would go further formative conversations with many Colorado cans understand that suing legitimate firearms than barring future lawsuits by requiring the sportsmen and women, including some of my manufacturers and dealers out of existence immediate dismissal of cases under active staff who make a compelling case that gun won’t stop criminal gun violence. But trial law- consideration by the courts. It seems to me ownership is not just a question of legal rights yers are eager to cash in on the pain of vic- that this is a dangerous precedent for the leg- but also about respecting and preserving a tims, and criminals rarely have deep pockets. islative branch to undertake, and the courts critical component of individual liberty. I em- This puts the responsibility where it belongs. are in a much better position than Congress to brace this view and respect their concerns and I joined my colleagues in the House in pass- decide whether the people who have brought acknowledge the need for a less divisive de- ing similar legislation during the 108th Con- those pending cases have valid claims or bate about the preserving Second Amendment gress. That unfortunately got held up in the whether their complaints are frivolous or mali- rights. Senate. I am hopeful we will take the oppor- cious. But, after a careful reading of the provisions tunity today to pass this bill with no changes It happens that this bill deals with lawsuits of this legislation and the most objective re- so it can go to the President’s desk for a sig- against firearms manufacturers. But this con- view that I can make of the arguments for and nature. This legislation is long overdue. cern about changing the legal rules to prohibit against its enactment, I still think we in the Mr. SCOTT of Virginia. Mr. Speaker, once further consideration of active cases (as op- Congress should leave it to the courts to de- again we find ourselves here debating the posed to pending ones) would be the same for cide which of the lawsuits covered by this bill scope of the Second Amendment and whether similar lawsuits against the makers or sellers are frivolous and which are not. For all these its purpose is to protect the sanctity of state of other consumer products that are inherently reasons, and especially because we were not militias or provide a fundamental right to indi- dangerous, if not lethal, when misused—for even permitted to consider any changes, I viduals, irrespective of their relationship to example, automobiles and electronic devices. cannot support this legislation. state militias, to possess firearms. While this And, while the bill before us—which has al- Mr. OTTER. Mr. Speaker, I rise today to bill cites in its findings that the Second ready passed the Senate—differs in some re- add my support to S. 397, the Protection of Amendment protects the right of individuals to spects from versions we have considered be- Lawful Commerce in Arms Act. bear arms, there has been a definitive resolu- fore, it too would apply to pending cases. I also commend Senator LARRY CRAIG from tion by the courts of just what right the Second At the very least the House should have Idaho on his leadership on this legislation, de- Amendment protects. been able to debate and decide on possible fending Americans’ Second Amendment right In United States v. Miller, the Supreme changes to the bill. But that did not happen, to bear arms. Court wrote in 1939 that the ‘‘obvious pur- because the Republican leadership insisted on The Protection of Lawful Commerce in Arms pose’’ of the right to keep and bear arms in bringing the bill to the floor under restrictive Act, S. 397, is bipartisan, common-sense leg- the Second Amendment was ‘‘to assure the procedures that essentially barred any amend- islation that takes an important step toward continuation and render possible the effective- ments from being offered. I strongly object to preventing reckless lawsuits targeting the fire- ness’’ of state militias and that the guarantee this way of considering such legislation. arms industry. Such misguided claims against of that right ‘‘must be interpreted and applied Most of the debate about this bill has been the legal manufacture and sale of firearms and with that end in view.’’ This language was a about its significance for firearms manufactur- ammunition are akin to suing the Postal Serv- clear indication that the Second Amendment ers—and, if the bill dealt only with manufactur- ice or an envelope manufacturer over some- right to ‘‘bear arms’’ guarantees the right of ers, I might have come to a different conclu- one committing the crime of mail fraud—it just the people to maintain effective state militias, sion about the need for liability protection. But doesn’t make sense. The bill provides protec- but does not provide any type of individual the provisions related to sellers or other dis- tion for those in the firearms industry from law- right to own or possess weapons.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23277 Mr. Speaker, for more than sixty years fol- militia actively maintained and trained by the U.S. v. Twenty-Two Various Firearms, 38 lowing the Supreme Court’s decision in Miller, States—U.S. v. Wright. I believe these cases Fed. Appx. 229 (6th Cir. 2002). there was little judicial debate regarding the are evidence of the remarkable degree of judi- U.S. v. Hancock, 231 F.3d 557 (9th Cir. 2000), cert. denied, 121 S. Ct. 1641 (2001). scope of the Second amendment. In fact, vir- cial consensus on the meaning of the Second U.S. v. Finitz, 234 F.3d 1278 (9th Cir. 2000), tually every federal appeals court has decided Amendment. cert. denied, 121 S. Ct. 833 (2001). this issue and only one, the Fifth Circuit in Mr. Speaker, I suggest that if my colleagues U.S. v. Lewis, 236 F.3d 948 (8th Cir. 2001). United States v. Emerson, has endorsed the across the aisle want to amend the Constitu- U.S. v. Hemmings, 258 F. 3d 587 (7th Cir. individual rights view. Since the Emerson opin- tion, they should do it by amendment rather 2001). ion in 2001—which was joined by only two cir- than attempting to do it through findings. U.S. v. Hager, 22 Fed. Appx. 130 (4th Cir. cuit court judges and actually upheld the gun Mr, Speaker, this bill also contains a provi- 2001). sion requiring a conviction before a defendant Gillespie v. City of Indianapolis, 185 F.3d 693 law at issue—the individual rights view has (7th Cir. 1999), cert. denied, 528 U.S. 1116 (2000). been rejected by the Fourth, Sixth, Seventh, who has violated 18 U.S.C. 924(h) can be U.S. v. Napier, 233 F.3d 394 (6th Cir. 2000). Ninth and Tenth Circuits. The First, Second, sued. Requiring a conviction before an of- U.S. v. Baer, 235 F.3d 561 (10th Cir. 2000). Third and Eighth Circuits also have issued de- fender can be sued for the civil consequences U.S. v. Wright, 117 F.3d 1265 (11th Cir.), cert. finitive rulings rejecting the individual rights of his unlawful acts would constitute an ex- denied, 522 U.S. 1007 (1997). view. traordinary change in traditional civil liability U.S. v. Rybar, 103 F.3d 273 (3rd Cir. 1996), The First Circuit held that the second standards. The public will remember that O.J. cert. denied, 522 U.S. 807 (1997). Simpson was found civilly liable for damages, Hickman v. Block, 81 F.3d 98 (9th Cir.), cert. amendment applies only to firearms having a denied, 519 U.S. 912 (1996). ‘‘reasonable relationship to the preservation or even though he had been acquitted in criminal U.S. v. Farrell, 69 F.3d 891 (8th Cir. 1995). efficiency of a well-regulated militia.’’ 1939 Mil- court. Moreover, such a requirement would Love v. Pepersack, 47 F.3d 120 (4th Cir.), cert. ler case. create absurd results, based on what a pros- denied, 516 U.S. 813 (1995). In 1984, in the Second Circuit, the court ecutor may decide to do in a particular case, U.S. v. Friel, 1 F.3d 1231 (1st Cir.1993). cited Miller for the proposition that the right to and when he decides to do it. The prosecutor U.S. v. Hale, 978 F.2d 1016 (8th Cir. 1992), may choose not to prosecute a particular case cert. denied, 507 U.S. 997 (1993). possess a gun was ‘‘not a fundamental right’’ U.S. v. Nelsen, 859 F.2d 1318 (8th Cir. 1988). because the Second Amendment did not guar- at all, for various reasons. This would preclude U.S. v. Toner, 728 F.2d 115 (2d Cir. 1984). antee the right to keep and bear a weapon un- a claim, regardless of how egregious the inju- Thomas v. City Council of Portland, 730 F.2d less the evidence showed the firearm had ries or clear the liability. Or, even where the 41 (1st Cir. 1984). some ‘‘reasonable relationship’’ to the preser- case is prosecuted, the prosecutor may decide Quilici v. Village of Morton Grove, 695 F.2d vation or efficiency of a well regulated militia— to plea bargain by allowing a defendant who 261 (7th Cir. 1982), cert. denied, 464 U.S. 863 U.S. v. Toner. has unlawfully transferred a number guns to (1983). plead guilty to one transfer and drop the re- U.S. v. Oakes, 564 F.2d 384 (10th Cir. 1977), In 1996, in the Third Circuit, defendant’s cert. denied, 435 U.S. 926 (1978). possession of machine guns did not have a mainder. It would be absurd to allow one case U.S. v. Graves, 554 F.2d 65 (3rd Cir. 1977). connection with militia-related activity required to go forward and not others, depending on U.S. v. Swinton, 521 F.2d 1255 (10th Cir. for second amendment protections to apply— which case was technically pleaded. Of 1975), cert. denied, 424 U.S. 918 (1976). U.S. v. Rybar. course, it is always possible that a case will U.S. v. Warin, 530 F.2d 103 (6th Cir.), cert. The Fourth Circuit, a 1995 case, stated that be thrown out because of an unlawful search denied, 426 U.S. 948 (1976). courts have consistently held that the second or seizure because of a coerced confession, U.S. v. Johnson, 497 F.2d 548 (4th Cir. 1974). Eckert v. City of Philadelphia, 477 F.2d 610 amendment only confers a collective right of or simply because the prosecutor is unable to (3rd Cir.), cert. denied, 414 U.S. 839 (1973). keeping and bearing arms which bear a rea- obtain a conviction. And even where there is U.S. v. Day, 476 F.2d 562 (6th Cir. 1973). sonable relationship to the preservation or effi- a conviction, the timing of the conviction, Cody v. U.S., 460 F.2d 34 (8th Cir.), cert. de- ciency of a well-regulated militia—Love v. alone, may be dispositive of the claim, be- nied, 409 U.S. 1010 (1972). Pepersack. cause there is nothing in the bill or the law U.S. v. Decker, 446 F.2d 164 (8th Cir. 1971). The Sixth Circuit, in 2000, held that the which tolls the statute of limitations on a civil U.S. v. Synnes, 438 F.2d 764 (8th Cir. 1971), lower courts have uniformly held that the sec- claim, pending a conviction. And there is noth- vacated on other grounds, 404 U.S. 1009 (1972). U.S. v. McCutcheon, 446 F.2d 133 (7th Cir. ond amendment preserves a collective rather ing in the bill to deal with what happens if the 1971). than an individual right—U.S. v. Napier. conviction is reversed or appeal. Stevens v. U.S., 440 F.2d 144 (6th Cir. 1971). The Seventh Circuit, the second amend- Absent a conviction, the unlawful transfer U.S. v. Tot, 131 F.2d 261 (3rd Cir. 1942), rev’d ment establishes no right to possess a firearm still must be proven in order to pursue the on other grounds, 319 U.S. 463 (1943). apart from the role possession of the gun case. This should be protection enough for U.S. v. Cases, 131 F.2d 916 (1st Cir. 1942), might play in maintaining a State militia. That someone who causes another harm by crimi- cert. denied sub nom., Velazquez v. U.S., 319 is a 1999 case—Gillespie v. City of Indianap- nal conduct. U.S. 770 (1943). olis. Mr. Speaker, this bill is an unprecedented U.S. FEDERAL DISTRICT COURTS The Eighth Circuit stated that the purpose of attack on the due process rights of victims in- Parker v. District of Columbia, 311 F. Supp. the second amendment is to restrain the Fed- jured by the misconduct of an industry that 2d 103 (D.D.C. 2004). eral Government from regulating the posses- seeks to escape the legal rules that govern Blackburn v. Jansen, 241 F. Supp. 2d 1047 (D. sion of arms where such regulation would the rest of us and I urge my colleagues to op- Neb. 2003). Golt v. City of Signal Hill, 132 F. Supp. 2d interfere with the preservation or efficiency of pose this bill. 1271 (C.D. Cal. 2001). the militia. That is a 1992 case—U.S. v. Hale. I submit the following list of cases sup- Olympic Arms v. Magaw, 91 F. Supp. 2d 1061 The Ninth Circuit in 2003 stated that it is porting collective view for the RECORD. (E.D. Mich. 2000). this collective rights model which provides the A Sampling of Court Decisions that Sup- U.S. v. Willbern, 2000 WL 554134 (D. Kan. best interpretation of the second amend- port the Militia Interpretation of the Second Apr. 12, 2000). Amendment from The Legal Action Project. ment—Silveira v. Lockyer. U.S. v. Bournes, 105 F. Supp. 2d 736 (E.D. The Tenth Circuit, a 1977 case, to apply the U.S. SUPREME COURT Mich. 2000). U.S. v. Boyd, 52 F. Supp. 2d 1233 (D. Kan. amendment so as to guarantee an appellant’s U.S. v. Miller, 307 U.S. 174 (1939). Lewis v. United States, 445 U.S. 55 (1980). 1999), aff’d, 211 F.3d 1279 (10th Cir. 2000). right to keep an unregistered firearm which U.S. COURTS OF APPEALS U.S. v. Henson, 55 F. Supp. 2d 528 (S.D. W. has not been shown to have any connection U.S. v. Parker, 362 F.3d 1279 (10th Cir. 2004). Va. 1999). with the militia, merely because he is tech- U.S. v. Lippman, 369 F.3d 1039 (8th Cir. 2004). U.S. v. Visnich, 65 F. Supp. 2d 669 (N.D. Ohio nically a member of the Kansas militia, would U.S. v. Price, 328 F.3d 958 (7th Cir. 2003). 1999). be unjustifiable in terms of either logic or pol- U.S. v. Graham, 305 F.3d 1094 (10th Cir. 2002). U.S. v. Caron, 941 F. Supp. 238 (D. Mass. icy—U.S. v. Oakes. U.S. v. Lucero, 43 Fed. Appx. 299 (10th Cir. 1996). The Eleventh Circuit, a 1997 case con- 2002). Moscowitz v. Brown, 850 F. Supp. 1185 U.S. v. Bayles, 310 F.3d 1302 (10th Cir. 2002). (S.D.N.Y. 1994). cerning motivating the creation of the second Silveira v. Lockyer, 312 F.3d 1052, rehearing U.S. v. Kruckel, 1993 WL 765648 (D.N.J. Aug. amendment, convinces us that the amend- en banc denied, 328 F.3d 567 (9th Cir. 2003). 13, 1993). ment was intended to protect only the use or Olympic Arms v. Buckles, 301 F.3d 384 (6th Krisko v. Oswald, 655 F. Supp. 147 (E.D. Pa. protection of weapons reasonably related to a Cir. 2002). 1987).

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23278 CONGRESSIONAL RECORD—HOUSE October 20, 2005 U.S. v. Kozerski, 518 F. Supp. 1082 (D.N.H. The idea is absurd, but some groups and special interests aside to protect the American 1981), cert. denied, 496 U.S. 842 (1984). politicians want to punish firearm manufactur- people. Vietnamese Fishermen’s Association v. KKK, ers for their very existence. Mr. SCHWARZ of Michigan. Mr. Speaker, I 543 F. Supp. 198 (S.D. Tex. 1982). Thompson v. Dereta, 549 F. Supp. 297 (D. As a result, we must pass S. 397 and send rise today in strong support of S. 397, the Pro- Utah 1982). it to the President. tection of Lawful Commerce in Arms Act. U.S. v. Kraase, 340 F. Supp. 147 (E.D. Wis. Mr. MORAN of Virginia. Mr. Speaker, I rise As a gun owner, it troubles me that many 1972). today in strong opposition to the ‘‘Protection of interest groups and local municipalities have U.S. v. Gross, 313 F. Supp. 1330. (S.D. Ind. Lawful Commerce in Arms Act.’’ decided that the way to reduce gun violence 1970), aff’d on other grounds, 451 F.2d 1355 This bill is an attempt to carve out an exclu- is to put the manufacturers of firearms and (7th Cir. 1971). sive liability exemption, and its vote on the firearm parts out of business through lawsuits STATE COURTS floor today is a giveback to the gun industry at and the fear of lawsuits. Their actions run Arnold v. Cleveland, 616 N.E.2d 163 (Ohio a significant cost to the American people. counter to the main purpose of gun ownership: 1993). Under this bill, manufacturers and sellers of protection. State v. Fennell, 382 S.E.2d 231 (N.C. 1989). U.S. v. Sandidge, 520 A.2d 1057 (D.C.), cert. firearms or ammunition will not be held ac- The Second Amendment was not written as denied, 108 S.Ct. 193 (1987). countable for even the most irresponsible dis- a mere exercise in constitutional thought. It Kalodimos v. Village of Morton Grove, 470 tribution of weapons that kill innocent people, had a practical purpose: First, to ensure that N.E.2d 266 (Ill. 1984). including police officers, children and bystand- citizens would have the tools to protect their Masters v. State, 653 S.W.2d 944 (Tex.App. ers of gang violence. families and their homes and, second, to en- 1983). While the wholesale prohibition against law- sure that an armed militia could be called up City of East Cleveland v. Scales, 460 N.E.2d 1126 (Ohio App. 1983). suits may allow several exemptions, these ex- to defend the country in emergencies. State v. Vlacil, 645 P.2d 677 (Utah 1982). clusions overhaul years of legal negligence But these lawsuits, Mr. Speaker, have the In Re Atkinson, 291 N.W.2d 396 (Minn. 1980). standards. potential of crippling the American firearms in- State v. Rupp, 282 N.W.2d 125 (Iowa 1979). I’m concerned that this bill for the gun in- dustry, in the same manner as the threat of Commonwealth v. Davis, 343 N.E.2d 847 dustry sets an impractical legal standard for medical liability has crippled the medical in- (Mass. 1976). even the most reasonable litigation. dustry. Why would we want to go down that Burton v. Sills, 248 A.2d 521 (N.J. 1968), ap- peal dismissed, 394 U.S. 812 (1969). In the Washington-area, we are particularly route? Why would we want to put firearms out Harris v. State, 432 P.2d 929 (Nev. 1967). sensitive to gun violence. You may not all re- of the reach of law-abiding citizens. Mr. GENE GREEN of Texas. Mr. Speaker, member, but our nation was held captive for S. 397, and H.R. 800, the companion legis- I rise in support of the Protection of Lawful three weeks in October 2002 while two men lation of which I was proud to be an original Commerce in Arms Act. I am an original co- systematically killed ten people and wounded co-sponsor, would prohibit state and Federal sponsor of the House version of this legisla- three others with a sniper rifle obtained from lawsuits against the gun industry for deaths tion, H.R. 800. an irresponsible gun dealer that ‘‘lost’’ over resulting from unlawful actions of the user. A lawsuit against a gun manufacturer simply 200 other unaccounted for guns. In my estimation, Mr. Speaker, these law- for being a gun manufacturer has no business The language in this bill is so restrictive that suits are a threat to our hard-earned Second in American courts. survivors of the victims would not have had Amendment rights. It is entirely proper that we I am proud that every court in our judicial any legal recourse against the company should prevent such unconstitutional actions. I system has agreed with that and has thrown whose negligent business practices led to the commend the gentleman from Florida, Mr. out these frivolous lawsuits. deaths of their family. STEARNS, and Chairman SENSENBRENNER for However, in U.S. courts we have the Amer- Under the bill, we are eliminating a powerful their hard work on this legislation, and I urge ican rule, where each side pays their own incentive for gun dealers to value account- passage of the bill. legal fees under normal circumstances, in- ability and keep guns out of the wrong hands. Mr. EMANUEL. Mr. Speaker, I rise in strong stead of the English rule, where the loser usu- We are implicitly condoning their irresponsible opposition to S. 397, the Gun Manufacturers ally pays. behavior. Liability Protection Act. Shielding gun manu- Generally, I support the American rule be- I understand the desire to protect the Amer- facturers, dealers and distributors from liability cause it is fairer to individuals seeking relief ican judicial system from what some people is one of the most egregious forms of cor- from large firms. perceive as frivolous lawsuits. But gun manu- porate welfare we’ve considered in this House Unfortunately the American rule can mean facturers and sellers should not be able to all year. that frivolous lawsuits which have no chance write their own liability standard into law. This is George Orwell legislation at its fin- of going anywhere still impose a terrible bur- We aren’t debating a product that has an in- est—all industries are equal, but some are den on parties. consequential impact on our nation. more equal than others. If you sell beer to a Some people in this country are politically Almost 30,000 people in our country die 17-year-old and he causes an accident, you opposed to the firearm industry and believe from firearm injuries, murders, and suicides can be held liable. But if you allow a 17-year- most firearms should be illegal or hard to ob- each year. old to walk out of your store with a high pow- tain. According to the National Center for Injury ered rifle, don’t worry. Congress has your So these folks do not have a problem Prevention and Control, as recently as 2002, back. spending non-profit money and public money 2,893 young people were murdered by fire- Mr. Speaker, this is not a hypothetical case. on a losing lawsuit in pursuit of ideology. arms. That accounts for the second leading Last year the families of DC sniper victims set- However, that is not fair to the firearm in- cause of death for young people under 19 in tled for $2.5 million with Bull’s Eye Shooter dustry, which is not only completely legal, but the United States. Supply and Bushmaster Firearms, because has the right to own their product enshrined in Our economy even suffers from this sense- Bull’s Eye allowed Lee Boyd Malvo to shoplift the U.S. Constitution. less violence. From the loss of productivity, a military quality rifle—one of 233 guns they Therefore, it is particularly bad that the fire- medical treatment and rehabilitation and legal could not account for when investigated by the arm industry has had to pay $200 million to costs, gun violence costs the U.S. at least ATF. Some of my colleagues call this a frivo- defend themselves from frivolous lawsuits that $100 billion annually. lous lawsuit. I don’t think there is anything friv- have never, ever succeeded in court. Instead of putting forth a national plan to olous about 233 missing guns. S. 397 only protects legitimate businesses end this futile cycle of death, extending the In July of this year we gift wrapped a provi- that comply with Federal, State and local fire- ban on assault weapons, or even prohibiting sion in the Medical Malpractice Bill that shield- arm laws. people we know are on our own terrorist list ed the pharmaceutical industry from liability on The bill does not waive liability for actually from obtaining weapons, we are debating how any drug that made it through the regular FDA defective products, breach of contract or war- to best shield the gun industry from account- approval process. Coincidentally, Merck Phar- ranty, or other causes that are not related to ability and responsibility. maceuticals was at the same time facing mul- third-party criminal misuse of firearms. Mr. Speaker, it is unfortunate today that we tiple lawsuits tied to its misrepresentation of If we are going to sue firearm makers for are sending the wrong message to gun manu- the dangers of the prescription drug Vioxx. armed robberies, why not go on and sue the facturers and the worst of all possible mes- Thanks to this Congress, Americans can auto maker who made the get-away car? sages to the public: We are not willing to put continue to exercise their Constitutional right

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to seek redress in the court system, unless it I want the CONGRESSIONAL RECORD to clear- groups rushed to the courthouse to file at least involves guns or drugs. ly reflect some specific examples of the type three such lawsuits, one in New York and two I am gratified to see that this bill does in- of predatory lawsuits this bill will immediately in Pennsylvania. There are reports that still clude certain common-sense provisions such stop. The bill was drafted to require courts more baseless lawsuits have been filed just as child safety locks and a ban on armor- where these cases are pending or filed to dis- this week. piercing bullets. We fought hard for these miss them on their own motions, what the law- Congress is properly acting here under its ideas in the Clinton Administration and I urge yers call sua sponte. One of the primary pur- Commerce Clause powers, as we have done my colleagues to resist any pressure to have poses of this legislation is to not force defend- many times in the past. We are also rightly them removed. ants to incur the additional costs and delay of concerned, as is the Department of Defense, Despite my support for these ideas I must filing motions and arguing, and certainly not to that if these lawsuits succeed in driving gun vote no on the overall bill. Mr. Speaker, this go through costly trials and appeals of cases manufacturers out of business, the national bill denies Americans one of their most basic that the bill requires be dismissed forthwith. defense will be harmed. The same is true for rights in order to provide special protections The predatory lawsuits that this bill will stop our homeland security, as these same compa- for a very special interest. I urge my col- are an abuse of courts and law-abiding busi- nies make the firearms used by law enforce- leagues to resist the gun lobby and defeat this nesses and individuals. ment. It is our obligation to take steps to pro- bill. A clear cut example is the case of the City tect a vital component of our national defense Mr. BLUMENAUER. Mr. Speaker, I am op- of New York v. Beretta USA Corp. et al, cur- infrastructure—America’s ‘‘Arsenal for Democ- posed to S. 397, the Gun Manufacturers Li- rently set for trial on November 27 in Federal racy.’’ ability Protection Act. It is hard to imagine how court in Brooklyn, NY. The plaintiff has as- The Constitution imposes upon Congress people who have lived through the sniper ex- serted that industry members have created a the duty to protect the second amendment perience in Washington, DC, and those who ‘‘public nuisance.’’ The lawful sale of a highly and the right it provides to individuals to ‘‘keep deal with potential terrorist acts in the United regulated product later misused by criminals is and bear arms.’’ This right will be a mere illu- States would want to specifically weaken po- not a public nuisance, and has never been sion if firearms manufacturers are driven out tential sanctions against people who abuse considered a public nuisance in American ju- of business by predatory lawsuits. their business of selling firearms. risprudence. Mr. Speaker, let me continue to be clear This legislation would have given a pass for One such suit that S. 397 will stop is the here as to the purpose and intent of this bill the infamous Tacoma, WA, gun dealer who suit by the District of Columbia and nine indi- so that creative lawyers cannot later try to ‘‘lost’’ more than 200 weapons, one of which vidual plaintiffs who have sued members of come up with a creative argument to wiggle ended up in the hands of the sniper who killed the firearms industry under a District statute around this bill. 11 people in Washington, DC. Why anyone that, unbelievably, imposes automatic and ab- For instance, the intent of Congress and this would want to shield people for that sort of solute liability. The statute in question says a bill cannot be evaded or avoided by, for exam- reckless and illegal behavior is mystifying and ple, claiming that a public nuisance suit it is certainly not worthy of passage by the manufacturer is liable ‘‘without regard to fault against manufacturers or sellers is based on House of Representatives. Were it not for gun or proof of defect.’’ There is also a case pend- criminals who unlawfully or criminally possess politics, this legislation would never have seen ing in Federal court in the District of Columbia firearms but who may have not discharged the light of day. in which a gun manufacturer is being sued Mr. STEARNS. Mr. Speaker, as the sponsor under this very same statute—Charlot v. them in the commission of a crime. In other of H.R. 800, the virtually identical House Bushmaster. The companies being sued under words, as the author of this legislation, I want version of this legislation, I rise today to clear the District ‘‘automatic’’ liability law have no my colleagues and our fellow Americans to up any questions that might arise when trying defense. understand that, under the Protection of Law- to understand the intent of S. 397 and what its Another example is the case of Ileto v. ful Commerce in Arms Act, a ‘‘Qualified Civil enactment would accomplish. The Protection Glock, in Federal court in Los Angeles, CA, Liability Action’’ covers criminal/unlawful pos- of Lawful Coerce in Arms Act will eliminate against a manufacturer and a distributor who session, that includes, as used in the act, predatory lawsuits that would otherwise cripple are being sued over a criminal shooting. The ‘‘misuse means and includes possession’’. an entire industry. facts, if you can believe it, are that the manu- I would also like to use this opportunity to First, let me make two points about what the facturer, Glock, sold the pistol later criminally clear up some other concerns and misunder- bill will not do. Nothing in the bill is intended misused, to a Washington State police depart- standings. Some have asked, ‘‘Does the lan- to allow ‘‘leap-frogging’’ over the gun dealer to ment and the distributor being sued never guage in section 5 create new civil liability for the manufacturer. The negligent entrustment owned, sold, nor possessed the firearm that a gun owner, if the person does not use a ‘se- provision applies specifically to the situation was criminally misused. cure gun storage or safety device’ and the where a dealer knows or reasonably should Yet another example is the cases of Her- person’s gun is stolen and misused?’’ I would know that a dangerous person is purchasing a nandez v. Kahr Arms and Maisonet v. Kahr say quite forcefully that the answer is a re- firearm. When the manufacturer has done Arms pending in State court in Massachusetts. sounding ‘‘No.’’ The fact is, there are almost nothing but sell a legal, non-defective product Here a manufacturer, Kahr Arms, whose prod- no cases finding gun owners liable for misuse according to the law, the negligent entrust- ucts are used by law enforcement across of stolen guns. Both the theft and the later ment provision would not allow a plaintiff by- America, is being sued for a criminal shooting crime are ‘‘superseding acts’’ that ‘‘break the pass of the gun dealer to get to the deeper at a well-known gang hangout with a long his- chain’’ of causation under traditional tort law. pockets of the distributor or manufacturer. tory of drug use, drug dealing and violence. I would tell my colleagues that the only way The amendment in the Senate offered by The criminal shooting was committed with an section 5 could create liability would be if a Senators FRIST and CRAIG regarding ‘‘adminis- unfinished, but functioning firearm assembled court thought it created a new duty or a new trative proceedings’’ removed any confusion or from individual parts that were stolen from the standard of care for gun owners. However, the misinformed rhetoric regarding the ‘‘adminis- factory over time by an ex-employee. Fol- language specifically states that it does not trative proceedings’’ section. This legislation lowing the incident, James A. McNally of the ‘‘create a cause of action against any Federal will have no effect on the ability of the Bureau ATF Boston Field Office told the local news- firearms licensee or any other person for any of Alcohol, Tobacco, and Firearms or any ad- paper that theft from reputable gun manufac- civil liability [or] establish any standard of ministrative agency to revoke licenses or oth- turers such as Kahr Arms is relatively rare. He care.’’ erwise engage in administrative proceedings went on to say, ‘‘[Kahr Arms] is the victim. Finally, compliance or noncompliance could to punish bad acting manufacturers, distribu- They’re not the problem.’’—Worcester Tele- not even be used as evidence, except against tors, or dealers, or otherwise enforce the laws graph & Gazette at p. 1, March 18, 2000. a dealer who failed to sell the required locks, and regulations that apply to them. While I do There is also a pending suit against mem- or by a gun owner who wanted to present his not think the amendment was necessary be- bers of the firearms industry by the city of use of a safety device as a defense against a cause neither my bill nor S. 397 as introduced Gary, IN, even though the State of Indiana civil suit. On that point, section 5 provides a by Senator CRAIG did so, now there can be no has itself passed a State law similar in pur- new defense, not a new line of attack. question. ATF is authorized to begin enforce- pose and intent to S. 397. The purpose of the liability protection lan- ment proceedings when a violation of our Na- In the days leading up to the Senate debate guage in section 5 is to address gun owners’ tion’s Federal gun laws has occurred. this summer lawyers from antigun interest concern that the ‘‘secure gun storage or safety

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23280 CONGRESSIONAL RECORD—HOUSE October 20, 2005 device’’ requirement would expose them to a And, the lawsuits blocked by this bill have in interest is making money even when it is at new kind of lawsuits. The language neither the past, and would in the future, force the in- the expense of innocent lives and law enforce- creates nor eliminates liability for gun owners dustry to change its behavior and protect our ment. This bill would void a number of pend- who use safety devices; in effect, it leaves the safety (such as in the case of the DC sniper). ing cases around the country which seek to common law rules unchanged for those gun Don’t take my word for it. Mr. Robert Ricker, hold the gun industry accountable for its ac- owners. a former gun industry lobbyist for almost twen- tions. That includes cases brought against the If individual gun owners’ liability for stolen ty years, in a sworn statement said the fol- gun industry by the City of Chicago and Cook guns becomes a major national issue like the lowing: ‘‘Leaders in the industry have long County on behalf of victims of a shooting ram- suits against the industry, it could be the sub- known that greater industry action to prevent page a few years ago. That one tragic incident ject of additional legislation. The Indiana legis- illegal transactions is possible and would curb killed Ricky Byrdsong and injured others in our lature changed Indiana law to prevent exactly the supply of firearms to the illegal market. community. Those cases charge that the gun this type of lawsuit after a court decision However, until faced with a serious threat of industry causes a public nuisance by being opened that door. civil liability for past conduct, leaders in the in- negligent in gun sales practices, particularly by Mr. Speaker, I have made these remarks to dustry have consistently resisted taking con- making them available to minors and others ensure that anyone trying to evade the letter structive voluntary action to prevent firearms who are banned from owning guns. This bill and spirit of this legislation will have as little from ending up in the illegal gun market. . . .’’ takes us backwards and gives immunity to the ‘‘wiggle room’’ as possible. It is my hope that I know its not a popular viewpoint today, but very industry that has the power to regulate I have done just that. I believe in our American judicial system. I be- the manufacturing and distribution of its prod- Mr. SULLIVAN. Mr. Speaker, today, I rise in lieve that generally cases without merit are ucts. One death by a handgun is too many. support of S. 397, the Protection of Lawful dismissed, cases with merit are properly adju- But when 647 people are murdered by guns in Commerce in Arms Act. dicated, and sometimes parties will settle for one year in just one city, as was the case in I am an original cosponsor of the House their mutual benefit. As such, Congress need Chicago in 2002, now is not the time to give version of this legislation because I do not be- not step in and make decisions on liability, as immunity to the gun industry. lieve that licensed gun manufacturers and in this case, for judges, juries, and states Although I oppose S. 397, I support an merchants should be held legally responsible across the nation. Let’s let our system work as amendment that was added to this bill before for the unlawful use of their lawful products. intended. it passed in the Senate. The amendment of- Continuing to allow these frivolous lawsuits I urge my colleagues to reject this unneces- fered by Senator KOHL draws its provisions could set a dangerous precedent for future sary and unwise piece of legislation. from the Child Safety Lock Act. It would pro- lawsuits affecting many other industries across Mr. ETHERIDGE. Mr. Speaker, I voted hibit the sale, delivery, or transfer by a li- the nation. By passing this similar Senate bill, against S. 397, the Protection of Lawful Com- censed importer, manufacturer, or dealer of a we will prevent state courts from bankrupting merce in Arms Act. After careful consideration handgun to anyone who does not have a se- the national firearms industry and undermining off the bill and its impact on the citizens of cure gun storage or safety device. Child-safety all citizens’ constitutional right to bear arms. North Carolina and the United States, I deter- locks cost as little as $10 and could save lives Tort law rests upon a foundation of indi- mined that it would unacceptably infringe on if sold with firearm. In fact, the Illinois House vidual responsibility where a product may not their constitutional right to legal redress in our of Representatives passed a bill this year that be defined as defective unless there is some- Nation’s courts, as well as subvert North Caro- will require gun dealers to sell child-safety thing wrong with the product, rather than with lina law, which already prohibits frivolous law- locks with every handgun, to help prevent chil- the product’s user. It is ridiculous to allow suits against the firearms industry. dren from shooting themselves or others. This such lawsuits to clog our courtrooms and Although I voted in favor of similar legisla- is important because our children possess the hinder those with valid claims from receiving tion in the 108th Congress, S. 397 is a much physical strength to accidentally fire a gun. Ac- justice. different bill. This bill extends unprecedented cording to the Illinois Council against Handgun Today, this Congress has the opportunity to immunity to many groups beyond federally li- Violence, 25 percent of 3- to 4-year-olds, 70 address unfounded lawsuits and guard a legal censed firearms dealers and manufacturers, percent of 5- to 6-year-olds, and 90 percent of and law-abiding industry. We should pass this and it sets the bar of proof so high as to pro- 7- to 8-year-olds can fire most handguns. The legislation to protect the rights of citizens who hibit meritorious suits against unscrupulous American Bar association believes that a lock- own and operate firearms in a legal manner, dealers and manufacturers. This bill allows the ing device to prevent accidental firing should and to free up our courtrooms for those legiti- firearms industry to put profits ahead of safety; be a standard for the gun industry as seat mately harmed by defective products. under this bill manufacturers do not have to belts are for the car industry. I support this I urge my colleagues to vote for this sen- ensure that the dealers and wholesalers to amendment, and I hope it is enacted. sible legislation and set a precedent of respect whom they sell weapons are acting in good S. 397 would strip away the legal rights of for an industry which has done nothing wrong. faith and within the parameters of the law. gun violence victims, including law enforce- We should hold individuals responsible for Law-abiding gun owners do not want more ment officers and their families, to seek re- their crime, not the product manufacturer. gun control laws. What we need is more vig- dress against irresponsible gun dealers and Ms. DEGETTE. Mr. Speaker, I rise in strong orous enforcement of the gun laws that are al- manufacturers. That is why the American Trial opposition to S. 397, the ‘‘Protection of Lawful ready on the books. Lawyers Association, the American Bar Asso- Commerce in Arms Act.’’ As a lifelong gun owner, I take seriously my ciation, as well as law enforcement officers This bill denies for all Americans the right to commitment to upholding the Constitution and oppose this bill. As it is, guns are one of the bring civil suits against gun manufacturers and our Second Amendment right to bear arms. I few consumer products that are exempt from dealers for negligence or gross negligence in am also committed to the right of individuals to health and safety regulations. Therefore, litiga- all but a very limited number of cases. freedom and safety, as well as their day in tion is the last opportunity for victims of fire- As an example of what this means, say a court, and this bill would subvert those rights. arm violence to hold the gun industry account- gun store owner left his shop unlocked and Ms. SCHAKOWSKY. Mr. Speaker, I rise in able when it acts negligently or recklessly. unattended, even just briefly, with guns avail- opposition to S. 397, the Protection of Lawful This bill would protect the gun industry at the able for anyone to take. If someone took one Commerce in Arms Act. I believe this bill un- expense of gun violence victims. We must not of these guns and used it to injure or kill, the fairly grants the gun industry immunity and let the gun industry off the hook. I urge my victim would have no recourse. takes away an individual’s or state’s ability to colleagues to vote ‘‘no’’ on S. 397. Imagine if I changed my example to one in- hold gun manufacturers, gun dealers, and gun Mr. SENSENBRENNER. Mr. Speak- volving a store selling other lethal items, like trade associations accountable for negligence er, I yield back the balance of my time. chemicals. Would people not want to see and product liability standards that apply to The SPEAKER pro tempore (Mr. owner pay for the victim’s injuries? Of course. other industries. The bill perpetuates the gun SIMPSON). All time for debate has ex- In fact, the victim in my second example industry’s disregard for public safety and holds pired. would be able to sue. That’s because the im- up their ‘‘see-no-evil, hear-no-evil, speak-no- Pursuant to House Resolution 493, munity S. 397 grants is unique—no other evil’’ approach to gun manufacturing and dis- the Senate bill is considered read and group has such broad and sweeping legal pro- tribution. the previous question is ordered. tections, What makes this industry so entitled My opposition to S. 397 is an effort to crack The question is on the third reading but others not so? down on negligent gun companies whose sole of the Senate bill.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23281 The Senate bill was ordered to be Peterson (PA) Ryan (OH) Sullivan lina changed their vote from ‘‘nay’’ to Petri Ryan (WI) Sweeney read a third time, and was read the Pickering Ryun (KS) Tancredo ‘‘yea.’’ third time. Pitts Salazar Tanner So the Senate bill was passed. The SPEAKER pro tempore. The Platts Sanchez, Loretta Taylor (MS) The result of the vote was announced question is on the passage of the Sen- Poe Sanders Taylor (NC) as above recorded. Pombo Saxton Terry ate bill. Pomeroy Schmidt Thomas A motion to reconsider was laid on The question was taken; and the Porter Schwarz (MI) Thompson (CA) the table. Speaker pro tempore announced that Price (GA) Scott (GA) Thornberry Stated for: Pryce (OH) Sensenbrenner Tiahrt the ayes appeared to have it. Putnam Sessions Tiberi Mrs. MUSGRAVE. Mr. Speaker, on rollcall Mr. SENSENBRENNER. Mr. Speak- Radanovich Shadegg Turner No. 534 I was unavoidably detained. Had I er, on that I demand the yeas and nays. Rahall Shaw Upton been present, I would have voted ‘‘yea.’’ The yeas and nays were ordered. Ramstad Sherwood Walden (OR) Regula Shimkus Walsh f The SPEAKER pro tempore. Pursu- Rehberg Shuster Wamp ant to clause 8 of rule XX, this 15- Reichert Simmons Weldon (FL) MOMENT OF SILENCE IN MEMORY minute vote on passage of S. 397 will be Renzi Simpson Weldon (PA) OF VICTIMS OF RECENT EARTH- Reyes Skelton Weller QUAKE IN PAKISTAN, INDIA AND followed by a 5-minute vote on the mo- Reynolds Smith (NJ) Westmoreland tion to instruct on H.R. 2744. Rogers (AL) Smith (TX) Whitfield AFGHANISTAN The vote was taken by electronic de- Rogers (KY) Sodrel Wicker The SPEAKER. The Chair would ask vice, and there were—yeas 283, nays Rogers (MI) Souder Wilson (NM) Rohrabacher Spratt Wilson (SC) all Members to stand and observe a mo- 144, not voting 6, as follows: Ros-Lehtinen Stearns Wolf ment of silence in memory of the vic- [Roll No. 534] Ross Strickland Young (AK) tims of the recent earthquake in Paki- Royce Stupak Young (FL) YEAS—283 stan, India and Afghanistan. NAYS—144 Aderholt Davis, Tom Jindal f Akin Deal (GA) Johnson (CT) Abercrombie Honda Olver Alexander DeFazio Johnson (IL) Ackerman Hooley Owens ANNOUNCEMENT BY THE SPEAKER Baca Dent Johnson, Sam Allen Hoyer Pallone Bachus Diaz-Balart, L. Jones (NC) Andrews Inslee Pascrell The SPEAKER. Without objection, Baird Diaz-Balart, M. Kanjorski Baldwin Israel Pastor proceedings will resume with a 5- Baker Dingell Kaptur Becerra Jackson (IL) Paul Barrett (SC) Doolittle Kelly minute vote. Berman Jackson-Lee Payne Barrow Drake Kennedy (MN) There was no objection. Bishop (NY) (TX) Pelosi Bartlett (MD) Dreier Kind Blumenauer Jefferson Price (NC) f Barton (TX) Duncan King (IA) Brady (PA) Johnson, E. B. Rangel Bass Edwards King (NY) Brown (OH) Jones (OH) Rothman MOTION TO GO TO CONFERENCE Bean Ehlers Kingston Brown, Corrine Kennedy (RI) Ruppersberger Beauprez Emerson Kline Capps Kildee ON H.R. 2744, AGRICULTURE, Berkley English (PA) Knollenberg Capuano Kilpatrick (MI) Rush RURAL DEVELOPMENT, FOOD Berry Everett Kolbe Cardin Kirk Sabo ´ AND DRUG ADMINISTRATION, Biggert Feeney Kuhl (NY) Carnahan Kucinich Sanchez, Linda Bilirakis Ferguson LaHood Carson Langevin T. AND RELATED AGENCIES APPRO- Bishop (GA) Fitzpatrick (PA) Larsen (WA) Case Lantos Schakowsky PRIATIONS ACT, 2006 Bishop (UT) Flake Latham Castle Larson (CT) Schiff Blackburn Foley LaTourette Clay Lee Schwartz (PA) MOTION TO INSTRUCT OFFERED BY MS. DE LAURO Blunt Forbes Leach Cleaver Levin Scott (VA) The SPEAKER. The unfinished busi- Boehlert Ford Lewis (CA) Clyburn Lewis (GA) Serrano ness is the vote on the motion to in- Boehner Fortenberry Lewis (KY) Conyers Lipinski Shays Bonilla Fossella Linder Crowley Lofgren, Zoe Sherman struct on H.R. 2744 offered by the gen- Bonner Foxx LoBiondo Cummings Lowey Slaughter tlewoman from Connecticut (Ms. Bono Franks (AZ) Lucas Davis (CA) Lynch Smith (WA) DELAURO) on which the yeas and nays Boozman Frelinghuysen Lungren, Daniel Davis (IL) Maloney Snyder are ordered. Boren Gallegly E. DeGette Markey Solis The Clerk will redesignate the mo- Boucher Garrett (NJ) Mack Delahunt Matsui Stark Boustany Gerlach Manzullo DeLauro McCarthy Tauscher tion. Boyd Gibbons Marchant Dicks McCollum (MN) Thompson (MS) The Clerk redesignated the motion. Bradley (NH) Gilchrest Marshall Doggett McDermott Tierney Brady (TX) Gillmor Matheson The SPEAKER. The question is on Doyle McGovern Towns Brown (SC) Gingrey McCaul (TX) the motion to instruct. Emanuel McKinney Udall (CO) Brown-Waite, Gohmert McCotter Engel McNulty Udall (NM) This will be a 5-minute vote. Ginny Goode McCrery Eshoo Meehan Van Hollen The vote was taken by electronic de- Burgess Goodlatte McHenry Etheridge Meek (FL) Vela´ zquez Burton (IN) Gordon McHugh Evans Meeks (NY) vice, and there were—yeas 209, nays Butterfield Granger McIntyre Farr Menendez Visclosky 216, not voting 8, as follows: Buyer Graves McKeon Wasserman Fattah Millender- [Roll No. 535] Calvert Green (WI) McMorris Filner McDonald Schultz Camp Green, Gene Melancon Frank (MA) Miller (NC) Waters YEAS—209 Watson Cannon Gutknecht Mica Gonzalez Miller, George Abercrombie Camp Davis (IL) Watt Cantor Hall Michaud Green, Al Moore (KS) Ackerman Capps Davis (TN) Waxman Capito Harris Miller (FL) Grijalva Moore (WI) Allen Capuano DeFazio Weiner Cardoza Hart Miller (MI) Gutierrez Moran (VA) Andrews Cardin DeGette Carter Hastings (WA) Miller, Gary Harman Nadler Wexler Baca Cardoza Delahunt Chabot Hayes Mollohan Hastings (FL) Napolitano Woolsey Baird Carnahan DeLauro Chandler Hayworth Moran (KS) Hinchey Neal (MA) Wu Baldwin Carson Dicks Chocola Hefley Murphy Holt Oberstar Wynn Barrow Case Dingell Coble Hensarling Murtha NOT VOTING—6 Bean Chandler Doggett Cole (OK) Herger Myrick Becerra Clay Doyle Conaway Herseth Neugebauer Boswell DeLay Musgrave Berkley Cleaver Edwards Cooper Higgins Ney Davis (FL) Keller Roybal-Allard Berman Clyburn Emanuel Costa Hinojosa Northup Berry Conyers Engel Costello Hobson Norwood b 1153 Bishop (GA) Cooper Eshoo Cramer Hoekstra Nunes Bishop (NY) Costa Etheridge Crenshaw Holden Nussle Ms. EDDIE BERNICE JOHNSON of Blumenauer Costello Evans Cubin Hostettler Obey Boren Cramer Farr Cuellar Hulshof Ortiz Texas, Ms. SCHAKOWSKY, and Mr. DICKS changed their vote from ‘‘yea’’ Boucher Crowley Fattah Culberson Hunter Osborne Boyd Cuellar Filner Cunningham Hyde Otter to ‘‘nay.’’ Brady (PA) Cummings Ford Davis (AL) Inglis (SC) Oxley Ms. LORETTA SANCHEZ of Cali- Brown (OH) Cunningham Frank (MA) Davis (KY) Issa Pearce fornia, Mrs. EMERSON, Mr. MORAN of Brown, Corrine Davis (AL) Gonzalez Davis (TN) Istook Pence Butterfield Davis (CA) Gordon Davis, Jo Ann Jenkins Peterson (MN) Kansas, and Mr. JONES of North Caro-

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23282 CONGRESSIONAL RECORD—HOUSE October 20, 2005 Green, Al Marshall Ryan (OH) Miller (FL) Radanovich Smith (WA) ices which ordered the bill reported out Green, Gene Matheson Sabo Miller (MI) Ramstad Sodrel by a vote of 65–5 on May 25 and filed in Grijalva Matsui Salazar Miller, Gary Regula Souder Gutierrez McCarthy Sa´ nchez, Linda Moran (KS) Rehberg Stearns the House on July 14. Harman McCollum (MN) T. Murphy Reichert Sweeney Any Member wishing to offer an Hastings (FL) McDermott Sanchez, Loretta Musgrave Renzi Tancredo amendment should submit 55 copies of Herseth McGovern Sanders Neugebauer Reynolds Taylor (NC) the amendment and one copy of a brief Higgins McIntyre Schakowsky Ney Rogers (AL) Terry explanation of the amendment to the Hinchey McKinney Schiff Northup Rogers (KY) Thomas Hinojosa McNulty Schwartz (PA) Norwood Rogers (MI) Thornberry Rules Committee in room H–312 of the Nunes Rohrabacher Holden Meehan Scott (GA) Tiahrt Capitol by noon on Tuesday, October Nussle Ros-Lehtinen Holt Meek (FL) Scott (VA) Tiberi Osborne Royce 25, 2005. Members should draft their Honda Meeks (NY) Serrano Turner Otter Ryan (WI) amendments to the text of the bill as Hooley Melancon Shays Upton Oxley Ryun (KS) Hoyer Menendez Sherman Walden (OR) reported by the Committee on Finan- Inslee Michaud Simmons Paul Saxton Walsh cial Services on July 14. Members Israel Millender- Skelton Pearce Schmidt Wamp should use the Office of Legislative Jackson (IL) McDonald Slaughter Pence Schwarz (MI) Weldon (FL) Jackson-Lee Miller (NC) Snyder Peterson (PA) Sensenbrenner Counsel to ensure that their amend- Weldon (PA) (TX) Miller, George Solis Petri Sessions ments are drafted in the most appro- Weller Jefferson Mollohan Spratt Pickering Shadegg Westmoreland priate format. Members are advised to Johnson (CT) Moore (KS) Strickland Pitts Shaw Wicker check with the Office of the Parliamen- Johnson (IL) Moore (WI) Stupak Platts Sherwood Johnson, E. B. Murtha Sullivan Poe Shimkus Wilson (NM) tarian to be certain their amendments Jones (NC) Nadler Tanner Pombo Shuster Wilson (SC) comply with the rules of the House. Jones (OH) Napolitano Tauscher Porter Simpson Wolf Mr. HOYER. Mr. Speaker, will the Kanjorski Neal (MA) Taylor (MS) Price (GA) Smith (NJ) Young (AK) Putnam Smith (TX) Young (FL) gentleman yield? Kaptur Oberstar Thompson (CA) Mr. SESSIONS. I yield to the gen- Kennedy (RI) Obey Thompson (MS) NOT VOTING—8 Kildee Olver Tierney tleman from Maryland. Kilpatrick (MI) Ortiz Towns Boswell Keller Roybal-Allard Mr. HOYER. I thank the gentleman Kind Owens Udall (CO) Davis (FL) Moran (VA) Stark DeLay Myrick for yielding. Kucinich Pallone Udall (NM) Mr. Speaker, I would ask the gen- Langevin Pascrell Van Hollen Lantos Pastor Vela´ zquez b 1204 tleman: the bill which you just indi- Larsen (WA) Payne Visclosky Mr. DAVIS of Kentucky changed his cated would be on the floor next week Larson (CT) Pelosi Wasserman and you asked for amendments to be Leach Peterson (MN) Schultz vote from ‘‘yea’’ to ‘‘nay.’’ Lee Pomeroy Waters Mrs. MCCARTHY changed her vote filed in a timely fashion is a very im- Levin Price (NC) Watson from ‘‘nay’’ to ‘‘yea.’’ portant bill. It came out, as you point- Lewis (GA) Pryce (OH) Watt So the motion to instruct was re- ed out, with overwhelming bipartisan Lewis (KY) Rahall Waxman support. I think you said 65–7. Since Lipinski Rangel Weiner jected. Lofgren, Zoe Reyes Wexler The result of the vote was announced that time, it is my understanding that Lowey Ross Whitfield as above recorded. there has been some change in the bill. Lynch Rothman Woolsey A motion to reconsider was laid on In particular, I refer to the provision Maloney Ruppersberger Wu which deals with the ability of those Markey Rush Wynn the table. who may receive dollars under the pro- APPOINTMENT OF CONFEREES NAYS—216 visions of the bill for the purposes of The SPEAKER pro tempore (Mr. constructing affordable housing, that if Aderholt Davis, Jo Ann Hefley SIMPSON). Without objection, the Chair Akin Davis, Tom Hensarling they receive Federal funds that they Alexander Deal (GA) Herger appoints the following conferees on will be unable to thereafter participate Bachus Dent Hobson H.R. 2744: Messrs. BONILLA, KINGSTON, in encouraging voter registration Baker Diaz-Balart, L. Hoekstra LATHAM, Mrs. EMERSON, Messrs. GOODE, Barrett (SC) Diaz-Balart, M. Hostettler drives or getting more people on the LAHOOD, DOOLITTLE, ALEXANDER, LEWIS Bartlett (MD) Doolittle Hulshof rolls to vote. That is something that I Barton (TX) Drake Hunter of California, Ms. DELAURO, Messrs. think the whole House ought to ad- Bass Dreier Hyde HINCHEY, FARR, BOYD, Ms. KAPTUR, and dress. Beauprez Duncan Inglis (SC) Mr. OBEY. Biggert Ehlers Issa I believe the ranking member is Bilirakis Emerson Istook There was no objection. going to ask that that be struck from Bishop (UT) English (PA) Jenkins f the bill so that there not be a pre- Blackburn Everett Jindal clusion on voter registration drives or Blunt Feeney Johnson, Sam REMOVAL OF NAME OF MEMBER Boehlert Ferguson Kelly AS COSPONSOR OF H.R. 551 participation. The Catholic Conference Boehner Fitzpatrick (PA) Kennedy (MN) is very concerned about that. I would Bonilla Flake King (IA) Mr. HONDA. Mr. Speaker, I ask presume a number of faith-based orga- Bonner Foley King (NY) unanimous consent to have the name Bono Forbes Kingston nizations are very concerned about Boozman Fortenberry Kirk of my colleague from Arizona (Mr. that provision. I may have a discussion Boustany Fossella Kline FRANKS) removed as a cosponsor of briefly with the acting majority leader Bradley (NH) Foxx Knollenberg H.R. 551. His name was added in error. on that issue as well. Brady (TX) Franks (AZ) Kolbe The SPEAKER pro tempore. Is there Brown (SC) Frelinghuysen Kuhl (NY) But can the gentleman tell me Brown-Waite, Gallegly LaHood objection to the request of the gen- whether or not he believes the Rules Ginny Garrett (NJ) Latham tleman from California? Committee will allow the gentleman Burgess Gerlach LaTourette There was no objection. from Massachusetts (Mr. FRANK) to Burton (IN) Gibbons Lewis (CA) Buyer Gilchrest Linder f offer an amendment which would put Calvert Gillmor LoBiondo the bill back in the position which 65 Cannon Gingrey Lucas AMENDMENT PROCESS FOR H.R. people in the committee supported at Cantor Gohmert Lungren, Daniel 1461, FEDERAL HOUSING FINANCE the time it was reported out. Capito Goode E. REFORM ACT OF 2005 Carter Goodlatte Mack I thank my colleague for yielding and Castle Granger Manzullo Mr. SESSIONS. Mr. Speaker, the would ask him if he can give us some Chabot Graves Marchant Rules Committee may meet next week thought on that issue, which we feel Chocola Green (WI) McCaul (TX) Coble Gutknecht McCotter to grant a rule which could limit the very strongly about, and hope that Cole (OK) Hall McCrery amendment process for floor consider- that amendment can be protected and Conaway Harris McHenry ation of H.R. 1461, the Federal Housing made in order by the committee and Crenshaw Hart McHugh Finance Reform Act of 2005. The bill that we will have a full and fair debate Cubin Hastings (WA) McKeon Culberson Hayes McMorris was introduced on April 5 and referred on the floor of the House with ref- Davis (KY) Hayworth Mica to the Committee on Financial Serv- erence to that amendment.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23283 Mr. SESSIONS. Reclaiming my time, I would just urge the gentleman, who penses associated with Hurricane I appreciate the gentleman not only is a distinguished member of the Rules Katrina. asking these questions but bringing up Committee, to consider, very hope- I would also like to announce at this and talking about some important fully, favorably the request of Ranking time that the following Monday, while issues. Member FRANK to have made in order we have scheduled that as a workday, First of all, I would be the first one an amendment to deal with that sub- the following Monday, October 31, will to admit that we have for the last few ject. I thank the gentleman for yield- be a day that we will not be in session. weeks been dealing with issues related ing. That allows Members to spend that day to Katrina and other important mat- Mr. SESSIONS. I would say to the with their families, and for Members ters as it relates to housing. gentleman, reclaiming my time, that who want to take their children or To answer the gentleman most di- the Rules Committee has been visited their grandchildren trick or treating, rectly, I must say that the instructions by the gentleman from Massachusetts. that day is available for them to do that I have given are that we are going He is no stranger to the Rules Com- that. back to the bill of July 14. There have mittee. You also in your leadership ca- Mr. HOYER. Mr. Speaker, reclaiming been no changes made at this time to pacities and otherwise as a Member of my time, on behalf of all the parents that. That will be the text that will be Congress representing your constitu- and grandparents, the acting majority considered by the Rules Committee. ents from Maryland have been very leader and I had a brief conversation The Rules Committee, as we delib- vigorous in your support of the things about my 3-year-old granddaughter, erate, we take into consideration which you believe, the ideas which you who this past weekend had the oppor- amendments of how people would wish choose to press to the Rules Com- tunity to show me the costume she is for the bill to be changed, new mittee. The Rules Committee is very going to be wearing on trick or treat thoughts and ideas; and that will be open, and our esteemed chairman will night, and she said, Hey, Pop, can you just as current as the filing date that make available that time. go with me? And I appreciate the gen- we have set. So it is my hope that you We do not know the content of that tleman’s making that time available would have the opportunity to work manager’s amendment that you are on behalf of his side and my side for all with Members of your party, and that talking about at this time. We once of us who might be doing that. That is this announcement would be available again encourage all Members, includ- a treat early, not a trick, and we ap- for Members of my party to say that ing the process that will be followed for preciate that very much. we are open to any amendment, any the manager’s amendment, to be filed First of all, Mr. Speaker, the leader thought process that people would like on that date, October 25. heard me have the discussion with the to come to the Rules Committee. Mr. HOYER. I thank the gentleman. gentleman from Texas (Mr. SESSIONS) of the Committee on Rules. I wonder if It is not unusual for us to hold hear- f ings and take testimony that may take perhaps you could comment. We do not hours and hours and we hear from peo- LEGISLATIVE PROGRAM know the status of the manager’s ple. That thought process will be con- (Mr. HOYER asked and was given amendment, as the gentleman from sidered next week. The chairman of the permission to address the House for 1 Texas (Mr. SESSIONS) indicates. The Rules Committee, the gentleman from minute.) acting majority leader does not know California, has instructed me to advise Mr. HOYER. Mr. Speaker, I yield to the status of the amendment, and I Members that we will be ready to do my friend from Missouri (Mr. BLUNT), presume that is being worked on. But business next week and be open to the the distinguished acting majority lead- we have concerns that a very critically amendment process as Members er, for the purpose of inquiring about important provision of the bill, an choose. the schedule for the week to come. overwhelming bipartisan bill, 65 to 7, Mr. HOYER. I thank the gentleman Mr. BLUNT. Mr. Speaker, I thank my might be changed and might have for that information. There has been good friend for yielding and would say added to it a condition for the receipt some suggestion, I understand, how- that we intend to convene the House of money by faith-based charitable or- ever, that although the bill may be in next Tuesday at 12:30 p.m. for morning ganizations, nonprofit organizations to the same shape now, that there is a hour and 2 p.m. for legislative business. receive money to build housing; that if manager’s amendment proposed and We will consider several measures they received such money that a condi- that the vote on the manager’s amend- under suspension of the rules. A final tion of the receipt of that money would ment, which we presume, we have not list of those bills will be sent to Mem- be that they could not participate in seen it, would cover a multitude of sub- bers’ offices by the end of the week. voter registration efforts. jects that are in the bill; that the vote Any vote called on these measures on We have a letter from Catholic on the issue that I have raised could be Tuesday will be rolled until 6:30 p.m. bishops very concerned about that. made on that manager’s amendment. For Wednesday and the balance of Other faith-based organizations are Therefore, you would have to vote the week, the House will consider addi- very concerned about that. I am sure against the manager’s amendment if it tional legislation under suspension of nonfaith-based organizations are con- changes the provision to which I re- the rules, as well as several measures cerned about that. And, obviously, if ferred. under a rule. One will be the Federal the position is left in place as it now I would hope, and this is not a ques- Housing Finance Reform Act of 2005 exists or as it existed when it passed tion, just an expression, that the ma- that has just been discussed; two, the out of the House, we would think that, jority would make in order an amend- Lawsuit Abuse Reduction Act of 2005. without that preclusion, without that ment so that we could have a debate on The third bill that we would expect to condition attached, we would be obvi- that issue if in fact the manager’s see under a rule would be House Joint ously not offering an amendment be- amendment does what we are con- Resolution 65, which would be a resolu- cause we all agree with that. On the cerned about and some people are pro- tion necessary under the Defense Base other hand, if the manager’s amend- posing undermining the ability of some Closure Commission for the House to ment somehow changes that and puts groups, faith-based groups. That is why have a disapproval vote on the work of that condition into the bill, then we the Catholic Conference is so con- that commission, a vote that is re- would very much hope, Mr. Speaker, cerned about it, faith-based groups or quired by the structure itself. that the majority would allow all the other groups who would build afford- Members who think perhaps that con- able housing, get money under the bill b 1215 dition should not be attached to the and then be precluded from partici- In addition to that we plan to con- bill to have a free shot at making that pating in any efforts, not partisan ef- sider an amendment to the fiscal year policy judgment on a separate amend- forts but nonpartisan efforts to get 2006 budget resolution that would out- ment rather than just as a vote against people on the rolls. line plans for budgeting for the ex- the manager’s amendment, which

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23284 CONGRESSIONAL RECORD—HOUSE October 20, 2005 seems like somewhat not only a clum- will be confronting elections and, they had work on schedule that would sy vehicle but very conflicted because therefore, a large number of our Mem- allow them to keep that date. I think there will be some issues in the man- bers. it is reasonable to assume that some of ager’s amendment, most of which I am Has the majority considered the pos- the work we have to do jointly will sure the gentleman from Massachu- sibility of making sure that we do not stretch out to meet the time frame setts (Mr. FRANK) and the gentleman have votes until later on in the day, that they are here rather than the time from Ohio (Mr. OXLEY) will probably Tuesday, so that we can free up our frame that we are here, and we need to agree on, but I would hope that the Members in those jurisdictions, A, to be aware of that. We are still hoping acting majority leader could work with vote and, B, to participate to the ex- for November 18. the gentleman from California (Mr. tent that they feel it necessary to do The week after Thanksgiving, the DREIER), with his leadership to ensure so? week that starts on November 28 and that we have a freestanding debate on I yield to the gentleman. ends on December 2, if we are still in that issue. It is an important issue, and Mr. BLUNT. Mr. Speaker, I appre- session at the end of the month of No- I think it will serve the House well if ciate the gentleman yielding to me. vember, we would not plan to work we do that. The week that is in question there that week. Clearly, we do not plan to I would be glad to yield to my friend has, of course, been on the calendar for work Thanksgiving or the day after. If, for any comments he might have. a while as a workweek. We would in- in finishing this process up, November Mr. BLUNT. Mr. Speaker, I appre- tend at this point to have the reconcili- 19, November 20, November 21 would ciate my friend yielding to me. ation items on the floor that week. It finish the process up, I would hate to I listened particularly carefully to will be a very full week of work if we suggest that we would not finish and the gentleman from Texas’ answer hope to get out of here by Thanks- get our work done, but certainly the after the gentleman from Maryland giving, by November 18, as is still our November 28 to December 2 would be a said he might ask me the same ques- principal goal if we find cooperation in date that I think he and I could right tion. I am not sure I can improve on the Senate on that. I think it is likely now announce to the Members that if his answer to any extent. I think that that we would stay with the regular they are planning family activities is the purpose for the Committee on schedule. We have elections in Missouri after Thanksgiving that even if we are Rules hearing to make that case. too on that day, and while I hope to be still in session, we would not intend for I believe there will be amendments there part of the day on Monday, I that week to be a workweek. allowed. I know there is a wide discus- have already voted absentee, and I as- Mr. HOYER. Mr. Speaker, I thank sion that this new fund, a fund we have sume many of our other Members have the gentleman for his answer. I think never had before, if we do create that already taken that action as well. that is very helpful for Members who fund, can be part of the solution to the Mr. HOYER. Mr. Speaker, reclaiming are trying to plan. impact of Hurricane Katrina and Rita my time, I thank the gentleman for his Mr. Speaker, the PATRIOT Act, we and maybe even Wilma. So, assuming information. Perhaps we can talk were told that we might go to con- ference on that bill this week. That did that Wilma creates a housing problem about that further. I understand the not happen. Does the gentleman know as well, for that to be included there problem. We are running out of time. when we anticipate perhaps going to would have to be some amendment, as We have got to use the days that are conference on the PATRIOT Act? the gentleman suggested, even though available. That is a very practical Mr. BLUNT. Mr. Speaker, if the gen- the bill, when it came out of the Com- problem. I did not have Missouri on my tleman will continue to yield, we are mittee on Financial Services weeks, I list, but obviously a large number of continuing to do work on getting ready believe now even perhaps months ago, States. Maryland does not. Maryland for that conference. I would hope that with a large vote, does need some ad- does not have elections this Tuesday that conference would occur at any justment because of circumstances other than municipal elections, so that time. I am confident that we will ap- that have occurred since then that is not a real problem for our State. But point conferees and have that con- both the ranking member and the I understand the time problem, and ference completed before the law ex- chairman would be supporting. perhaps we can discuss it a little fur- pires. So I think that in itself sets a But that is the purpose of that hear- ther and see if there are some other fairly short deadline but would expect ing, and I thought that the gentleman times that we might utilize. to see that happen in the near future as from Texas (Mr. SESSIONS) made the Finally, I would like to inquire fur- we thought it might even happen this case well, that the Committee on Rules ther on the schedule for the balance of week. will listen to those arguments and the year. Our target adjournment date, Mr. HOYER. Mr. Speaker, I appre- make that determination. as I understand it, is November 18. I ciate his answer. Mr. HOYER. Mr. Speaker, reclaiming hope we can make that. As the gen- Reclaiming my time, on appropria- my time, I think he made the case that tleman pointed out, we do not have tions conference reports, prior to the they would listen and make a deter- total control. The other body has to do Thanksgiving recess, can he tell us how mination. We are hopeful that they things as well for us to get there. many he anticipates might be ready, will make a determination that if they If we do not make November 18, am I obviously realizing that the other are going to change the bill by the correct that the week of Thanksgiving, body’s actions are difficult to deter- manager’s amendment they will allow the Members can be assured that they mine, but does he have any thoughts on the full House to consider whether that will not be here the week of Thanks- what appropriations conference reports change is appropriate. But I thank the giving, and am I correct that the prob- we might be considering prior to the gentleman for his information. ability is that the week after Thanks- November 18 date? Secondly, Mr. Speaker, if I can, we giving, which I think starts either the Mr. BLUNT. Mr. Speaker, will the appreciate very much the action on 28th or 29th, that Monday, would not be gentleman yield? Halloween, on that Monday, October weeks that we would be here but that, Mr. HOYER. I yield to the gentleman 31. I think that was appropriate. As the if need be, the week after that and per- from Missouri. gentleman knows, the following week, haps the week after that in December Mr. BLUNT. Mr. Speaker, I thank November 8 is election day for a lot of would be weeks that we would be uti- the gentleman for yielding and would people: New York City, the State of lizing? say that it is still our goal to get out California, obviously very large juris- I yield to the gentleman. of here, to get the session completed by dictions; Virginia, a major election Mr. BLUNT. Mr. Speaker, I thank the Thanksgiving recess. In that case going on there. All of us are watching the gentleman for yielding to me. we would have all the bills completed. that election go on. New Jersey guber- We still are hopeful that November 18 The Senate seems to have really got- natorial, as is Virginia and Ohio. So a could be the date. Our friends in the ten their appropriations process ener- very large number of people in America other body did indicate this week that gized in a way that means a number of

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23285 bills will soon be ready for conference. meet at noon on Monday next; and fur- the working poor depend on day in and As the gentleman knows, three of the ther, when the House adjourns on that day out, such as $15 billion in cuts in bills have already been signed into law day, it adjourn to meet at 12:30 p.m. on Medicaid programs; $12.5 billion for by the President. It is possible that we Tuesday, October 25, 2005, for morning student loans; and almost $1 billion in would have other additional conference hour debates. cuts for food stamps. All of this while, reports next week. The SPEAKER pro tempore (Mr. and you would allow the richer to get I am not trying to anticipate too SIMPSON). Is there objection to the re- even richer at the expense of helping much here, but I think the most likely quest of the gentleman from Missouri? those who need it the most, doing conference that might be completed There was no objection. nothing to offset Katrina expenses or to reduce our Nation’s deficit. next week would be the conference that f we just appointed conferees to, the ag- Using Hurricane Katrina as an excuse riculture conference, and have that bill DISPENSING WITH CALENDAR to extend tax cuts, while taking from as a fourth bill that was completed. WEDNESDAY BUSINESS ON the programs that the victims of the But the Senate work that allows us to WEDNESDAY NEXT hurricane need most, is an embarrass- ment. I hope you will fix it. address these bills one at a time, which Mr. HULSHOF. Mr. Speaker, I ask I know we all believe is the best way to unanimous consent that the business f do this work, has finally reached a in order under the Calendar Wednesday REPUBLICANS OFFER A COMMON- point that bears some likelihood that rule be dispensed with on Wednesday SENSE BUDGET PROPOSAL all of that could happen and hopefully next. (Mr. WILSON of South Carolina will happen by November 18. The SPEAKER pro tempore. Is there asked and was given permission to ad- Mr. HOYER. Mr. Speaker, I thank objection to the request of the gen- dress the House for 1 minute and to re- the gentleman for his answer. tleman from Missouri? vise and extend his remarks.) Lastly, we were expecting today to There was no objection. Mr. WILSON of South Carolina. Mr. have a budget amendment, or an f Speaker, when American families face amended budget, on the floor today. financial crises, they make important That did not happen. He referenced it DEMOCRAT IRRESPONSIBILITY sacrifices and responsible decisions to in his opening discussion of the sched- (Mr. PRICE of Georgia asked and was get their family budget back on track. ule. given permission to address the House As the Federal Government con- Does he expect that bill to come to for 1 minute.) tinues to pay for the rising cost of hur- the floor next week, and if so, does he Mr. PRICE of Georgia. Mr. Speaker, ricanes Katrina and Rita, Congress expect it to call for reconciliation cuts with the recent hurricanes on the gulf must also make necessary sacrifices above and beyond the $35 billion that coast, it is heartwarming to witness and follow a strict budget. House Re- was in the original budget? the unity and the outpouring of sup- publicans are leading the effort to re- I yield to the gentleman. port from all Americans. duce spending and have recently pro- Mr. BLUNT. Mr. Speaker, I thank It is a unity of purpose from all, ex- posed commonsense reforms to elimi- the gentleman for yielding. cept one group: Democrats in the nate 98 Federal programs, saving more I think I announced earlier that I did House of Representatives. That is than $4.3 billion. expect that bill to be on the floor next right. Democrats’ opposition to this pro- week. And in addition, the change in Our Republican leadership is working posal is, unfortunately, not surprising. the approach to that measure would be valiantly to find resources to provide Led by the gentlewoman from Cali- that it would include not only a higher help for the displaced residents. The fornia (Ms. PELOSI), Democratic leader, goal for savings in the mandatory pro- way to do that is to reopen the budget they have tried to increase Federal grams, an issue we do not take up very and identify savings elsewhere to pay spending by tens of billions of dollars often in the House. I think this would for those new costs, and the Democrat at every stage of the legislative proc- be the second time in 10 years we have leadership says, They won’t get one ess. Earlier this year, not a single looked at mandatory savings, but also Democrat vote. Democratic House Member supported to include a commitment to revisit the Now, that is leadership. How sad. the lean budget that passed the Con- discretionary part of the budget some- Mr. Speaker, the American people ex- gress. Democrats seem to view the time between now and the end of the pect us to work together to solve prob- budget as a credit card, and when the process and to work with the adminis- lems. Democrats are stuck practicing bill gets too high, they pay for the bill tration on reconciliation as well as the tired, old, petty, partisan politics by simply raising taxes on the Amer- looking at the authority for programs of the past; and this is disappointing ican people. that we did not fund in this Congress and irresponsible. America deserves In conclusion, God bless our troops, and in several cases have not funded more than obstruction from a once- and we will never forget September 11. for some time and eliminate the au- proud party. f thority for perhaps as many as 95 or more programs that are receiving no f CUTS IN THE BUDGET AMENDMENT funding. BUDGET AMENDMENT (Mr. MCDERMOTT asked and was b 1230 (Ms. WOOLSEY asked and was given given permission to address the House All four of those items would be in permission to address the House for 1 for 1 minute and to revise and extend the budget resolution that the Com- minute and to revise and extend her re- his remarks.) mittee on the Budget would bring to marks.) Mr. MCDERMOTT. Mr. Speaker, the floor. Ms. WOOLSEY. Mr. Speaker, the Re- there was a phrase they used to use Mr. HOYER. Mr. Speaker, I thank publicans’ misplaced budget priorities around here during the Reagan years the gentleman for that information. are actually shameful. They continue called ‘‘take from the needy and give f to be a reverse Robin Hood, slashing to the greedy.’’ Well, we are back in funds to safety net programs only to session with that same thought going. ADJOURNMENT TO MONDAY, OCTO- give more tax cuts to the wealthiest of These cuts in this budget amendment BER 24, 2005, AND HOUR OF Americans. we just heard about, the gentleman MEETING ON TUESDAY, OCTOBER The budget reconciliation that we from South Carolina said we were not 25, 2005 will talk about next week or the next willing to make the cuts. Let me tell Mr. HULSHOF. Mr. Speaker, I ask week, whenever you guys can get your my colleagues just what one of those unanimous consent that when the stuff together, proposes huge cuts in cuts was so we get a feeling for what House adjourns today, it adjourn to important programs that the poor and they are up to.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23286 CONGRESSIONAL RECORD—HOUSE October 20, 2005 There was a rule in many States that cept they forget to tell people they bor- Democrats who want to tax working if you were from a poor family and you rowed the whole $180 billion surplus people. went to a rich family as a foster kid out of Social Security and spent that, The only working people they are you did not get any money. If you went too; and, in fact, some of it went to tax concerned about are people who earn to a poor family, you would get some cuts for rich people that was paid for over $311,000 a year, the investor class; money. They went into court, and the by working people with their Social Se- but the investor class also happens to court said it did not make any dif- curity money that is supposed to pay be the contributor class, the people ference what kind of a family you were for the future of that program. who can write out those $2,100 checks living in; it was what the child had ac- They say, well, it is the darn Demo- twice a year to their campaign ac- cess to and every child ought to receive crats. No, it is not the darn Democrats. counts or the even bigger checks to foster child payments in the United It is the Republicans who control ev- their party accounts or to the Presi- States, no matter where they were or erything who have brought up $8 tril- dential campaigns. That is who they what situation they were in. lion of debt, a 60 percent increase in are taking care of. What the Republicans want to do in the 5 years George Bush has been in the They are borrowing money from this bill is repeal a court decision. White House; and, no, it was not all working people. They are bankrupting They do not like what the courts did. spent on the war in Iraq and homeland the country. They are undermining the The same thing is true about kinship security. A lot of it came from huge future of Social Security; and now they care. If a child is picked up by a foster tax cuts to the wealthiest among us, want to pull the rug out from under home, they get money; but if they are immensely expensive tax cuts that go kids who want to get a higher edu- picked up by their grandmother, they predominantly to people who earn over cation and from seniors who need a lit- are not entitled to it, no matter what $311,000 a year; and they want to give tle bit of help with medical care in the circumstances are. That is the fam- permanent exemption of estate tax to their old age. They are going to pre- ily friendly Republican budget cuts. estates over $6 million. They consider tend that they are fiscally responsible. $100 million, $200 million, that is a f April Fools has come early to Con- small family farm or small business in gress if anybody believes that malar- SPECIAL ORDERS Republicanland over here. key. It is just extraordinary to me, and The SPEAKER pro tempore (Mr. Unfortunately, those tax cuts are im- the boys keep turning the volume up KUHL of New York). Under the Speak- mensely expensive, and they are bor- and keep listening to a little too much er’s announced policy of January 4, rowing the money to finance them and Rush Limbaugh over there. We are 2005, and under a previous order of the the government. going to counter them with the facts. House, the following Members will be The entire general fund of govern- The facts are they have run $8 tril- recognized for 5 minutes each. ment of the United States, everything lion of debt, $27,000 for every American. that government does outside of the They are borrowing $1.2 billion a day to f military is paid for with borrowed run the government; and now they EXCHANGE OF SPECIAL ORDER money, $1.2 billion a day, some of it want to cut essential programs, stu- TIME from Social Security. Yeah, we are bor- dent loans, Medicare, Medicaid and rowing some of it from ourselves. We other programs, to finance more tax Mr. DEFAZIO. Mr. Speaker, I ask are borrowing a heck of a lot of it from cuts for the wealthy, more trickle unanimous consent to take the time of China, Japan, and other foreign inter- down. the gentleman from California (Mr. ests; and we are adding this mountain Our people have been trickled down SCHIFF). of debt and we are pushing it forward on long enough, and more than enough. The SPEAKER pro tempore. Is there to our kids and our grandkids. In their It is time to change the priorities objection to the request of the gen- vision, the wealthy would not share in around here, and that is what we are tleman from Oregon? the burden. They will not help pay that fighting to do. There was no objection. debt because they will be the bene- f f ficiary of massive tax cuts. What they were going to bring to the ORDER OF BUSINESS TAXING AND SPENDING floor today was so embarrassing they Mr. GARRETT of New Jersey. Mr. The SPEAKER pro tempore. Under a could not quite do it. They were actu- Speaker, I ask unanimous consent to previous order of the House, the gen- ally going to increase the deficit. claim my time at this point. tleman from Oregon (Mr. DEFAZIO) is Under the guise of paying for Katrina, The SPEAKER pro tempore. Is there recognized for 5 minutes. they were going to cut programs like objection to the request of the gen- Mr. DEFAZIO. Mr. Speaker, we heard student loans, $9 billion; Medicare for tleman from New Jersey? some earlier interesting statements seniors; Medicaid for needy people and There was no objection. from the Republican side of the aisle, seniors and other essential programs. f and one gentleman talked about a But they were actually going to cut REGULATION OF GSES once-proud party. I guess he was refer- those programs to pay for more, guess ring to the Republicans and the fact what, tax cuts for the wealthiest The SPEAKER pro tempore. Under a that they used to have a commitment among us. previous order of the House, the gen- to protecting Federal taxpayers and for Are the wealthy really hurting that tleman from New Jersey (Mr. GARRETT) fiscal responsibility, but no longer. much? Well, actually no. IRS data that is recognized for 5 minutes. Now, they keep talking about the came out last week say that 99 percent Mr. GARRETT of New Jersey. Mr. Democrats taxing and spending. Excuse of the people in America saw their real Speaker, I rise tonight to discuss an me? Who runs the White House, the incomes decline last year; but 1 per- important issue that could, as we United States House of Representatives cent, those who earned over $311,000, know, come before the House as early with an iron hand, and the United saw a real increase. But that is not as next week, and that is, the regula- States Senate? The Republicans. They even the real thing. tion of GSEs, specifically Fannie Mae are in charge of everything. It is the The real thing was one-tenth of 1 per- and Freddie Mac, and the impact they President who is submitting budgets cent, those who earned over $1.3 mil- have on homeowners or people who that are being approved by Republicans lion a year, saw a phenomenal increase want to buy a new home, and a tax that are running up huge and growing in their incomes, mostly due to tax that it may place upon them and the deficits. cuts that are being paid for by bor- risk that places to the mortgage mar- They are trying to say, oh, this year rowing on the backs of working people ket in this country. was great; it was only $312 billion, only and Social Security. They have the gall Fannie Mae and Freddie Mac were the third largest deficit in history. Ex- to come to the floor and say it is the chartered by Congress with the main

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purpose of creating a liquid secondary GSEs, thus putting the possible prob- woman from California (Ms. WOOLSEY) mortgage market in this country and lems that result on the backs of Amer- is recognized for 5 minutes. also providing essential affordable ican taxpayers. Ms. WOOLSEY. Mr. Speaker, yester- housing for lower-income families. To Now, some argue that if Fannie and day Saddam Hussein faced a panel of help them in this effort, the GSEs have Freddie portfolios are curtailed, they Iraqi judges where he will finally stand a number of benefits, including exemp- will not be able to meet their afford- trial for the crimes against humanity tion from State and local taxes and an able housing goals. But this is not the that were committed under his regime. ability to borrow at a discounted rate case. Saddam Hussein is an evil person. He due to the implied government backing As the former head of OFHEO noted ordered thousands of his own people to they have. just last week, ‘‘The amount of time death, and it is time that he is brought Beginning in the early 1990s, Fannie and resources that the enterprises to justice for these crimes. and Freddie held a combined $12 bil- must dedicate to managing the risks But anyone who suggests that Iraq is lion, that is, 5 percent, of the single- associated with their portfolios is very more stable or less of a threat to the family home mortgage market in their substantial, and it dwarfs any marginal United States now than it was before portfolio; but over the last 15 years, benefit to their affordable housing mis- the war is fooling themselves. Iraq has this number has grown to over $1.5 tril- sion. In addition, the recent scandals never been less stable, and it has never lion, about. at both companies illustrate the prob- posed a greater threat to the United lems they can get themselves into as States than it does today. b 1245 they try to manage this volatility as- The war in Iraq has not combated I say ‘‘about’’ because I cannot give sociated with very large portfolios.’’ terrorism as President Bush and his ad- you a more specific number, because it Limiting the portfolio growth is the ministration have repeatedly claimed. has been years, if not longer, since any- number one priority of the administra- It has actually encouraged terrorism one has known precisely what is in tion in addressing GSE reform. Chair- by providing a unified target and ral- their books. man Greenspan, Secretary Snow, Sec- lying point for those angry with our Fannie and Freddie realized that by retary Jackson and others have all spo- Mideast policies. keeping a portfolio of the larger por- ken out on the need to rein in these Since we invaded Iraq in March of tion of the mortgages they purchased large portfolios that exist solely to in- 2003, hundreds of terrorist attacks have and by buying back much of the MBS crease the profits for Fannie and killed thousands of innocent people, they issued, they could make five Freddie executives and their share- both American soldiers and Iraqi civil- times as much spread as they could by holders. ians. simply securitizing the mortgages that In a speech last spring to the Federal Most people assume that suicide ter- they bought and selling the resulting Reserve Bank of Atlanta, Chairman rorism of the sort that plagues Iraq on MBS to third parties. However, by Greenspan discussed the GSEs’ ability a daily basis stems from opposition to keeping a large amount of mortgages to securitize mortgages and the bene- democracy in general or hatred of the United States in particular. But Dr. and MBS on their portfolio, Fannie and fits that it would have on the housing Robert Pape, a University of Chicago Freddie are greatly increasing their in- market and the health of the entire professor, reaches a different conclu- terest rate and prepayment risk, which economy. He stated, ‘‘The method of sion based on a comprehensive study leaves them very susceptible to inter- GSE financing most consistent with on every act of suicide terrorism that est rate changes. our mission is to securitize assets first has occurred over the last 10 years. Dr. To hedge against these possible inter- and to hold in their portfolios only Pape found that the common element est rate changes, Fannie and Freddie those assets that are very difficult or linking all suicide attacks around the use various types of derivatives to shift unduly expensive to securitize.’’ And world is not religion. Rather, suicide much of the interest rates to derivative here is the key part: ‘‘Without the terrorism is about pressuring another counterparties. Hedging of this nature needed restrictions on the size of the country to withdraw its military forces greatly concentrates interest-rate risk GSE balance sheets, we put at risk our ability to preserve safe and sound fi- from the lands that the terrorists view in Fannie and Freddie and a handful of as their homeland. large banks and investment firms, and nancial markets in the United States, a key ingredient of support for hous- This helps to explain the intensity of this concentration has created what is the Iraqi insurgency. The insurgents known as a systemic risk, which Chair- ing.’’ So in conclusion, Mr. Speaker, legis- resent the continued United States oc- man Greenspan has warned about. cupation of their land and want control The best way to reduce the systemic lation that is coming before the House next week dealing with GSE, Fannie over it. risk for the economy is by limiting the If the folks in the Bush administra- amount of mortgages that Fannie and and Freddie reform is a good first step, but is not in the current format some- tion truly want to end the war, they Freddie can hold in their own portfolio. must honestly convince the Iraqi peo- Now, I commend the chairmen of the thing that we should support. It will result in a tax on the American tax- ple that the United States has no long- committee, the gentleman from Ohio term objectives in Iraq. But to do that payer, it will result in a tax on the (Chairman OXLEY) and the gentleman would require a sea change, because we American who is trying to buy his first from Louisiana (Chairman BAKER), in currently maintain over 100 military house, and it will add risk to the al- working to draft legislation to create a bases in Iraq, with what certainly ap- ready risky mortgage market in this new world class regulator to oversee pears to be intentions to maintain country. Fannie and Freddie. However, I believe some of them permanently. that the House bill does not go far f Mr. Speaker, we all know that Presi- enough. ORDER OF BUSINESS dent Bush loves those prime time See, the House bill gives a new regu- Ms. WOOLSEY. Mr. Speaker, I ask speeches to our Nation. Maybe it is lator the authority to dispose of any unanimous consent to speak out of time for him to eat a little crow and new assets or liabilities of the enter- order. ask the international community to prises if the Director determines such The SPEAKER pro tempore. Is there help. He needs to face the fact that the action is consistent with safe purposes. objection to the request of the gentle- so-called Bush doctrine of preemptive Now, while this is a step in the right woman from California? war and unilateral military action just direction, I believe that stronger lan- There was no objection. is not working. He should tell the Iraqi guage is definitely necessary. I worry f people that the United States has no that a new regulator, without specific plans to maintain permanent bases in congressional direction to reduce the IRAQ AND SMART SECURITY Iraq, nor do we have any designs on size of portfolios of the GSEs, will face The SPEAKER pro tempore. Under a controlling Iraqi oil. You could call constant political pressures from the previous order of the House, the gentle- this speech the ‘‘anti-Bush doctrine.’’

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23288 CONGRESSIONAL RECORD—HOUSE October 20, 2005 Mr. Speaker, there were plenty of college loans. That is $5,800 additional to raid this student aid and take that mistakes made in Iraq, mistakes that that they will have to pay over the life and transfer that to the wealthiest peo- could easily have been avoided. But of those loans for the college education ple in this country through the tax now, the best thing for the President to that they are seeking. cuts that they have already enacted. do is cut his losses, admit he made mis- While many of the cuts were on ex- It is a shameful day, and it is a sad takes, and change his course. He needs cessive subsidies paid to student lend- day, when we are being told that it is to seek the cooperation of our allies ers, such as the 9.5 percent loan boon- more important now than ever that around the world to help Iraq get back doggle, the Republicans only agreed to students in America complete a college on its feet, because we cannot do it by reduce some of these excessive sub- education for the sake of their eco- ourselves in the United States. The sidies to large lending institutions nomic well-being and for the sake of President should do that by going back after widespread criticism from Demo- the competitiveness of our economy, to those countries we have spurned in crats, students, and editorial writers. and the Republicans have decided to the past like France and Germany, as But instead of reinvesting these dol- make it more and more expensive for well as influential bodies like the lars into low-interest loans and addi- millions of American students and United Nations and NATO, and ask tional grants, the majority plans to use their families. It is a tragic day for them to assist. nearly $9 billion in cuts for the alleged these students and their families. A true multilateral coalition could deficit reduction, or to pay for their f and would enable us to bring thousands tax cuts to the wealthiest people in of our troops hope. To borrow a phrase this Nation. They are going to take $9 CONGRESS GOES HOME WITHOUT from the President, as our allies stand billion out of the student loan account COMPLETING ITS WORK up, we will stand down. to pay for the tax cuts to the wealthi- The SPEAKER pro tempore. Under a f est 5 percent of the people in this coun- previous order of the House, the gen- try. That is their idea of economic jus- tleman from Washington (Mr. ORDER OF BUSINESS tice. MCDERMOTT) is recognized for 5 min- Mr. GEORGE MILLER of California. But it gets worse. Next week, the ma- utes. Mr. Speaker, I ask unanimous consent jority plans to cut an additional $7.5 Mr. MCDERMOTT. Mr. Speaker, the to speak out of order. billion from the Nation’s student aid American people might wonder why we The SPEAKER pro tempore. Is there programs, the second largest cuts ever. have gone home today at 1 o’clock on a objection to the request of the gen- The first largest cuts were several Thursday. Are there no problems fac- tleman from California? weeks ago. Now they are back. They ing this country? Have we rebuilt the There was no objection. are back for $7.5 billion to take out of gulf coast? Have we dealt with the f student loans to again pay for the $1 problems in Iraq? Have we dealt with trillion in tax cuts that they gave to RISING COLLEGE COSTS AND RE- everything that is troubling in this so- the top 5 percent of the people in this PUBLICAN RAID ON STUDENT ciety? You have to ask yourself, where country. AID did the Congress go? Why did they go To make matters even worse, the Re- home? Why does the Republican leader- The SPEAKER pro tempore. Under a publican leadership has failed to pro- ship declare that no, we are not going previous order of the House, the gen- vide real relief for college tuition. In to be here, we are not going to be here tleman from California (Mr. MILLER) is fact, in their higher education bill, on Monday. I think this Congress is recognized for 5 minutes. they would do nothing to make tuition pretty much having trouble here doing Mr. GEORGE MILLER of California. more affordable for the first 5 years their job. Mr. Speaker, this week new reports after it is enacted into law. Even after b 1300 from the College Board showed how 5 years, the bill only requires colleges much harder it is getting for families and universities with rapidly rising The reason we are not here on the to pay for college. Since 2001, tuition tuition to increase their reporting and floor dealing with the issues today is and fees at a 4-year public college have disclosures. that the issues are tough. And the Re- risen by 46 percent. Today the max- Mr. Speaker, the public already publicans do not want to go into imum Pell grant is worth $900 less knows how much it costs. They strug- Thanksgiving with everybody saying, when adjusted for inflation than it was gle with it every spring as they try to well, they did it again. They took more in 1975 and 1976. This year, students at- figure out how to pay for their chil- from the needy and they gave it to the tending 2 and 4-year public colleges are dren’s education. What the Republicans greedy. already $10 billion short for paying for are doing, it is not lowering the cost of But that is what the debate was college, even after grants, work study, tuition, not lowering the rate or the in- about this week. It is about what kind savings, and Federal loans are taken crease in the cost of tuitions; they are of amendments, what kind of cuts. into account. As a result, millions of adding thousands of dollars, thousands Amendments is a fancy congressional students will be forced to work long of dollars in additional costs to stu- word for the fact that we are going to hours to take on additional debt from dents and to their families. cut the budget. other sources or forgo college alto- This is unacceptable. What the Now, where are those cuts coming gether. Democrats had was a better idea that from and why can the Republicans not What has been the Republicans’ re- we would cut those outlandish sub- make up their minds what they want sponse? To make American students sidies to the lending institutions, to to cut? Well, they are looking at the and families who are already strug- the banks, and to others, and we would Medicaid program. They want to cut gling to pay for college, pay even more. take that money and we would recycle $10 billion there. They want to just In July, during the committee con- it into the student loan programs so raise it; now, just 1 more billion would sideration of the Higher Education Act, that we could increase the Pell grant not be very much. Just a nick out of Republicans voted to cut nearly $9 bil- by some $500. We could take care of low some people. lion from the student aid programs and and middle-income students who fall Student loans. You just heard the raise interest rates and fees on student short in being able to finance their gentleman from California (Mr. borrowers. This raid on student aid education. We would lower the cost of GEORGE MILLER) give the facts about represents the largest cut to the Fed- that debt to those students. We would that issue. You are talking about a $7 eral student aid programs ever, ever. make the repayment easier. or $8 billion cut in student loans. You As a result of these cuts, the typical But the Republicans did not do that. know, those sick people, what can they borrower with $17,500 in loan debt when They chose to take now what is almost do for themselves? Right. Take it away they graduate will be forced to pay an $16 billion when they are done next from them. What about the students? additional $5,800 more for his or her week out of the student loan program, Take it away from them.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23289 How about agriculture? Now you say, and medical care and student aid? I do World War II, he arranged to purchase well, rich farmers. No. No. No. Half of not think so. And they are going to 200 acres of land along the Missouri the money spent in the agriculture find out at the next election. River. budget is spent on the food stamp pro- f In Freddy’s own words he explains, gram. Buying the surpluses of our ‘‘We live in a poor county, and if I can ORDER OF BUSINESS farmers and giving them to the poor of pay taxes on that land and help the this country. Ms. HERSETH. Mr. Speaker, I ask county in that small manner, I would Now, why would we talk about cut- unanimous consent to speak out of be glad to do that. I thought I was an ting another $4 or $5 billion? No, they order. asset there fighting for my country, only want $1.5 billion. Excuse me. $1.5 The SPEAKER pro tempore. Is there and I would remain an asset when I billion out of food stamps. So we are objection to the request of the gentle- came home in a small way and pay taking away health care and food and woman from South Dakota? taxes on my land.’’ ability to go to college, and then they There was no objection. Following his service, Freddy re- come to the Ways and Means Com- f turned home and for a time he was able mittee that I sit on. Those are not even CHEYENNE RIVER SIOUX TRIBE to work his land, raise horses and cat- mandatory. Those are just things that EQUITABLE COMPENSATION ACT tle and start a family. The Pick-Sloan that Congress said that we would do. OF 2005 Act changed all that. But when you get to the Ways and The Ohio dam and reservoir flooded Means Committee, you come to things The SPEAKER pro tempore. Under a over 100,000 acres of Cheyenne River that are written in law, and they are previous order of the House, the gentle- Sioux lands, including Freddy’s home. called entitlements. If you are an woman from South Dakota (Ms. He and many other tribal members American, you are entitled. It does not HERSETH) is recognized for 5 minutes. were forced to move their families to make any difference where you live, Ms. HERSETH. Mr. Speaker, I rise higher ground and begin again. Like how much you have; you are entitled. today in support of the Cheyenne River many others, he did not receive a fair And they are now going to go after Sioux Tribe Equitable Compensation price for his loss. And at 83 years old, those entitlements. Act of 2005. this World War II veteran says, ‘‘I am Now, I spoke a little bit before about Over 50 years ago, the Pick-Sloan Act still looking for a place as good as the a couple of them. One of the things initiated a major flood control and rec- place that I lost.’’ they want to do is go after people who lamation project along the Missouri Congress has already acknowledged have had unemployment payments, un- River Basin. The construction of dams this injustice and only a few years ago employment insurance overpayments. and reservoirs flooded hundreds of passed legislation to provide just com- They figure that they can get that thousands of acres in South Dakota, pensation by creating the Cheyenne back out of their taxes. That is at a dramatically altering the basin’s land- River Sioux Tribal Recovery Trust very time when we have rising unem- scape and the river’s flow. Fund. While this action was commend- ployment in this country. We are going The American Indian communities in able, it left one important group be- to try and save $1 billion going back South Dakota were some of the most hind, tribal members who lost pri- and squeezing workers that have been severely affected by this project. Five vately owned land, elders now, who out of work for 3 months or 6 months of the nine, Lakota, Dakota, and owned deeded land at the time it was or whatever. Nakota reservations in South Dakota, taken by the U.S. Army Corps of Engi- Anybody who is at the bottom of the border the Missouri River. neers. Current law actually prohibits pile should watch out for these guys, The Cheyenne River Sioux Indian the tribe from using existing funds to because they are coming after them Reservation is in north central South compensate these individuals. with a sharp stick. They are going to Dakota and among the largest reserva- The tribe has recognized this short- take it away, and why are they taking tions in terms of land base. For genera- coming and has worked to craft a solu- it away? I mean, you have got to ask tions the Lakota bands which com- tion that requires no new expenditures, yourself, why would they cut food prised the Cheyenne River Sioux tribe no new expenditures, and guarantees stamps? Why would they cut health camped in the river valley and shaped that the affected tribal elders and their care? Why would they cut school loans? their way of life to match the contours families can be justly compensated for Why would they go after the unem- of the land and the flow of the river. lands taken over a generation ago. ployed? Why would they go after This was no less true after the Plains The leadership of the Cheyenne River grandparents who are taking care of Indians were confined to the reserva- Sioux Tribe, a united South Dakota foster kids? Why would they do that? tions in the late 19th century. The fer- congressional delegation, and the mov- Did you know that we had to give tax tile river bottomlands remained at the ing testimony of private landowners cuts to the rich? If we do not give tax center of their society, providing the like Freddy LeBeau have all contrib- cuts to the rich, why, the rich will not tribe’s best crop land, pastures and uted to the introduction of the Chey- be rich. Well, they will be less rich, I wildlife habitat, as well as an impor- enne River Sioux Tribe Equitable Com- mean. If we do not finish those tax cuts tant source of timber. pensation Act. This bill would correct that are before this Congress, somehow Perhaps even more significantly, the a historic wrong and compensate tribal they are not going to get that $100,000 fertile bottomlands remained central members who have been left behind and tax cut if they make more than $1 mil- to many of the tribe’s cultural and treated unjustly for many years. lion. spiritual practices. At the outset of the At 83 years old, Freddy and 33 other Now, think about the tears. Think Pick-Sloan Project, the United States tribal elders are still waiting for just about the tears up in those apartments Government used its eminent domain compensation. I urge this swift consid- and those houses where those people power to seize large tracts of the fertile eration and passage of this bill. have been expecting that $100,000 tax Indian bottomlands. Payment for these cut that they were going to get. Who takings was typically haphazard and f knows what they are going to do with piecemeal. Time and again, the govern- it. I am sure that they are going to run ment failed to fairly compensate both ORDER OF BUSINESS out and give it to the poor. tribal and individual land owners for Ms. WATSON. Mr. Speaker, I ask But these decisions that are being the loss of their property. unanimous consent to speak out of made in this body are being made by One such landowner is Freddy order. people who stand out here and beat LeBeau. Freddy was born and raised on The SPEAKER pro tempore. Is there their chests and talk about how much the Cheyenne River Sioux Indian Res- objection to the request of the gentle- they care about family values. Is it a ervation. While serving 4 years in the woman from California? family values budget that cuts food U.S. Navy in the South Pacific during There was no objection.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23290 CONGRESSIONAL RECORD—HOUSE October 20, 2005 THE PROBLEM WITH THE And there has been a lot going on that are fighting on behalf of billion- PROPOSED BUDGET CUTS this week as it relates to the budget. aires in this Congress to make sure The SPEAKER pro tempore. Under a As you know, many Members came to that their tax cut is not touched and previous order of the House, the gentle- the floor to speak pro and con of this. that we take away from those that woman from California (Ms. WATSON) is I will not use the Washington lan- cannot fight for themselves, they are recognized for 5 minutes. guage, but I will use it in a way that sleeping in shifts. They are sleeping in Ms. WATSON. Mr. Speaker, I stand everyone can understand: our re- shifts because they know that that is to oppose the misguided budget amend- looking at the budget and making what they have to do to prevail. ments that are being presented to us. more cuts from the budget that have I will tell you on this side, even These amendments will not help a already been made. though we are in the minority, even post-Katrina plan, but would only add And when I have been coming to the though we are not in the majority, to the deficit. It would require spend- floor recently, Mr. Speaker, I have even though we cannot bring a bill to a ing cuts and new tax cuts that would been bringing the local publication, the committee and expect for it to pass mount up to $70 billion, cuts that Washington Post to the floor, just to with the majority vote because every- mostly benefit the wealthiest Ameri- serve as a third-party validator to the thing is on partisan lines here as of re- cans at the expense of the poorest arguments that have been made here cently, unfortunately, but I can tell Americans. on the floor. I am proud that our lead- you that even though we cannot agen- If these spending cuts were approved, ership on this side of the aisle, the da some of the things that we would they would probably do what I would Democratic leader, the gentlewoman like to agenda that will help this coun- consider to be Draconian cutting. They from California (Ms. PELOSI), has stood try move to the next level and will put would cut Medicaid, food stamps, child against the winds of power in saying us in the right direction, we are willing care support, the earned income tax that there are certain things that we to fight with what we have. And what credit, and supplemental security in- will not do. We who are Democrats on we have is the opportunity to come to come. this side, we will not turn our backs on this floor to share not only with the I have a problem in my City of Los the American people. Members, let the Members know ex- Angeles, and it is a homeless problem. We will not turn our backs on the actly what they are doing so we are not There are over 80,000 homeless individ- survivors of hurricanes Katrina or around here hugging and smiling and uals that are on our streets, mostly in Rita. We will not stand idly by and cheesing and grinning and scratching the evenings. They have problems with watch this country continue legisla- where we do not itch, saying ‘‘that was alcohol abuse, drug abuse, and mental tively to go down the tubes because a leadership call.’’ illness. Over 33 percent of the homeless certain people and certain individuals Well, I can tell you right now, Mr. are mentally ill. And they are home- in power would like to see their prior- Speaker, as we look at third party less. And why? ities and their projects and their spe- validators, I just want to make sure Because we have cut out the pro- cial interest breaks or opportunities that folks do not believe that this is grams that address this population; prevail on the backs of the American the Kendrick Meek Report and that I and not only did we do that, but under people. just sit in the office and come up with whatever we want to say. I want folks, the Reagan administration we closed b 1315 mental health hospitals. Money was to I want the Members to go to the follow the patients into the commu- I am proud that we have the leader- WashingtonPost.com editorial page nity, and it never did. ship on this side of the gentleman from just today. Like I said once before, I do So if we are trying to be fiscally re- Maryland (Mr. HOYER) and the gen- not have to go back and pull publica- sponsible, that means we are being ir- tleman from New Jersey (Mr. MENEN- tions or pull Time from 2 weeks ago or responsible to the poorest of Ameri- DEZ) and also the gentleman from pull Newsweek from a month ago about cans. As Americans we cannot allow South Carolina (Mr. CLYBURN) to say something they wrote about and say this to happen. If we are spreading de- no. I am proud of the fact that we have that was a great story from the Sioux mocracy around the world, then we men and women in this Congress that City, Iowa Journal about a month ago must live up to the principles and the are willing to stand up and say no to and I want to bring it to the attention tenets of its provisions. And its provi- the majority, I must add, on the major- of the Members. You pick up the paper sions say that every American has a ity side who want to see their goals any day and it is filled with what this right to be a recipient of the social and objectives carried out on behalf of Congress is doing to a certain group of services programs. individuals that have suffered. Americans. Mr. Speaker, we cannot accept the Now, I have to commend some of my Now, like I said, there has been a lot amendments to the budget that are colleagues here and some of my col- of discussion about the budget. It is being proposed. They will weaken our leagues even on the other side of the truly, truly beyond me of all the power homeland, its people, and our security. aisle for standing up to the leadership and influence of Members of Congress, and saying no, we will not cut Med- f you have all kinds of leadership on the icaid. We will not cut free and reduced other side of the aisle that has the op- 30-SOMETHING WORKING GROUP lunch. That did not just come about be- portunity to shine in the aftermath of The SPEAKER pro tempore. Under cause folks thought, well, it is okay to Hurricanes Katrina and Rita and some the Speaker’s announced policy of Jan- stand up. That did not come about of the biggest natural disasters that uary 4, 2005, the gentleman from Flor- within the Republican Conference. But have hit this country in recent days. ida (Mr. MEEK) is recognized for 60 min- I will tell you how it came about, Mr. Do they take the opportunity to lean utes as the designee of the minority Speaker. It came about because Mem- on behalf of those that are suffering leader. bers came to this floor mainly on the right now and displaced? No. Mr. MEEK of Florida. Mr. Speaker, Democratic side and said, if you are Do they take the opportunity to go once again it is an honor to address the going to do it we are going to turn the in and deal with these Federal agencies House. I can tell you that this week lights up. We are going to raise our who do not even want us to talk to has been quite eventful. As you know, voices, and we are going to let our con- them directly because they feel that Mr. Speaker, we come every day to the stituents and your constituents espe- they are protected by the White House floor to share not only with the Mem- cially know that you are allowing this and why do they have to listen to Con- bers but the American people what is to happen. gress? We take this opportunity to say actually going on in this House, and Mr. Speaker, this is not a victory lap that you had the opportunity to per- what is not going on in this House and in any way. I do not want anyone to form and you did not. And because you what should be going on in this House, feel that the tide has changed because did not perform, we are here as the and it is the House of Representatives. as far as I am concerned individuals elected people representing the people

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23291 of the United States, be if from the af- their teeth over in Iraq and Afghani- have already given him $200,000 to fix fected area or from an area outside of stan and we are asking everyday my house. Let me run out and get an- the affected area, your constituents punch-in and punch-out, retired, on other loan and see if I give him $500,000 have federalized you to lead. Medicare Americans to suffer and to to see if they can really mess that up. No. We are not doing that. The ma- pay a price and to take a cut. We are But the sad part about that is I jority side is not doing that. No. They not asking the most able Americans to would be doing it with my own money. are seizing the opportunity to carry do the same. But the majority and this administra- out the motives of the special inter- Now, I can tell you that this editorial tion is doing it with the American peo- ests. So, Mr. Speaker, when we talk goes on to say, Mr. Speaker, that the ple’s money, and so it is very disheart- about this issue of a culture of corrup- individuals that are being protected in ening. tion and cronyism, this is a perfect ex- this are the high-priced lobbyists and Mr. Speaker, I am so glad to see my ample here in the Washington Post edi- enriched constituencies. What it means good colleague from New York. We are torial number two, entitled ‘‘Katrina’s by that by saying if you can pay to not in the race for the World Series Costs to the Poor.’’ play in this House, then you are in Championship this year like we were a What it is saying here basically is good shape. You do not have anything couple years ago, being from Miami that the Congress voted earlier this to worry about. We have you, or they and New York. But the gentleman from year here on this floor, I must add that have you. And so I am glad that we are New York (Mr. SERRANO), I am so glad I did not vote for it but the majority coming to the floor to be able to let he came down here today to share in did on party line, vote a $35 billion cut not only the Members know but the this hour with me. in spending for the next 5 years as it American people know that this is an Mr. SERRANO. Mr. Speaker, let me relates to the issue of entitlement pro- unacceptable practice, that I am glad thank the gentleman that he brought grams, Medicaid, Title I. All of these that we are prepared on this side of the this week this issue up again and programs that help financially chal- aisle to be able to put forth an amend- again. I think it is very courageous on lenged Americans that are federally ment when you come to the floor with his part and very profound. Secondly, as far as the World Series mandated were cut. your budget that is going to not only Now, we have forces on the other side move Americans forward but decrease goes, it is true that the Yankees and saying that we will not even get it up the deficit. the Marlins are not in it, I also noted to $50 billion to help the Katrina vic- This editorial goes on to say, You are that you took our bench coach, our as- tims. Well, I can tell you right now saying that you are going to cut the sistant coach, as your new manager so that has nothing to do about health. It budget and you are going to be fiscally you will do better in the future. One of the issues that come to mind has everything to do about the prior- responsible in managing the money of as I was watching the gentleman, as we ities that the majority side leadership this country, but better yet, it does nothing to reduce the deficit. It in- know, this is transmitted live on tele- has picked that they are going to rep- vision, I am wondering if the folks who resent. $70 billion in tax cuts mainly, creases the deficit. Mr. Speaker, it is almost laughable if are watching us today were also the in this editorial, this is not what I am it was not true. And this is not just same folks perhaps that watched the saying, I am reading verbatim from Democrats or Independents or some victims of Hurricane Katrina as that this editorial, mainly for the most study group out there. You have the national tragedy hit us. Regardless of wealthy, the most wealthy Americans Washington Post, you have a number whether you felt it was a State or local in this country. They are fighting on of other publications out there that are responsibility or a joint responsibility their behalf. They are saying it is saying, wait a minute. You are doing with the Federal Government or okay. this in the light of being fiscally re- whether you think we as a Nation I do not blame the top half. I do not sponsible, but you are not. You are in- failed or not, those images are in your blame the billionaires in America for creasing the deficit. You are finding head. what the majority is doing on their be- your money for your tax cuts for bil- Now you see this discussion. What is half on the backs of the suffering of the lionaires on the backs of working this discussion about and how do I see American people. I do not blame those Americans, and I guess we are just sup- it? We all tend to come have the same individuals. I blame the people that are posed to sit here because it is in the feeling but we come to the table with saying that they want to save our light of trying to help Katrina victims. perhaps slightly different views. My country money by cutting entitlement Now I have a personal problem with concern is, as a member of the Com- programs to the very people who have that and I know the American people mittee on Appropriations, is that in sent us here to protect them. They do are going to have a problem with that the appropriations process we have the not have, the average American does also. We talk about this issue of a cul- ability to declare an emergency. An not have a million dollar lobbyist to ture of corruption and cronyism, and I emergency means just that. That while walk into the office and represent think it is important that we have an we try to balance a budget and while them. They have a Congressman that opportunity to talk about this a little we try to have expenditures that meet they sent or a Congresswoman that bit more. This whole cronyism and in- both the needs and our ability to pay, they sent to this floor to represent dividuals that are not qualified to lead that there comes every so often a situ- them. And if we fail in that duty, then is prevalent here in Washington, D.C., ation that requires us to spend the it is beyond personal responsibility, it and it is continuing to happen, and I money and deal with the fact that we lies on the majority. can tell you right now that it is truly are spending that money rather than I want to make it clear that you have unacceptable. try to make somebody pay a major to make the decision on if you want to You want to talk about saving price for it. lead or you want to follow. And I will money on behalf of the American peo- Of course, my biggest example is the tell you there are some folks in this ple? According to the AP, four out of war in Iraq. Now, whether you support House that are winning right now be- five companies that won the largest the war or you oppose the war; and, in- cause we are not having a debate. We Katrina contracts are being reviewed cidentally, one of the things that we are just straight out saying that we are for possible waste and abuse. Four of always need to clarify is that opposi- going to cut again the very programs the top 10 companies. So what we are tion to the war is not opposition to the that we just finished, that the majority doing here is we are saying, hey, listen, men and women fighting the war. In just finished cutting, that are supposed it is okay for you to mismanage the fact, I could argue that you really sup- to be helping the very people that we taxpayers’ money. Not only is it okay, port them by bringing them home to- are trying to help. Better yet, we have we will reward you again with a no-bid morrow and ending the war. But that is asked billionaires to do nothing. We contract. a discussion for another time. have given them tax cut after tax cut. That is almost like saying, I have a What is a discussion today is that the We have men and women with sand in bad contractor working on my house. I American people need to know that the

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Four of the And it has gone close to or above $300 country is still questioning why we are contractors that are carrying out billion that we have spent. in it to begin with, that is okay to pay Katrina work in a no-bid contract are Now, if I was to be sarcastic up here the $300 billion; that it is okay to build under investigation by this govern- I would say that basically what we schools, hospitals, playgrounds, tem- ment for mishandling taxpayers’ dol- have done is print the money. We have ples, churches, and any kind of struc- lars. So we are going to reward them not taken it out of anybody’s budget. ture for the people of Iraq. But to re- for wasteful spending and possibly We have not taken it out of anybody’s build New Orleans, we have to take it stealing. pain. We basically printed the budget. out of a social program or an edu- People get all teary-eyed when they Now there is a word in the English cational program. That is what the come to the floor and they start talk- language that I try very rarely to use people need to understand, and I know ing about the troops and how they sup- and that is immoral immorality. The that is what we are trying to do here port the troops; and some say, well, I reason for that is who the heck am I to today. support the troops more than you. determine what is immoral and who is Let me repeat that just one last Well, I support the troops. Who does involved in an immoral act, when in time, not to be repetitious but to sim- not support the troops? We all support fact we are all guilty of a lot of things ply make the point and to drive it the troops. I want to meet the caucus in the way we behave in this society. home. In Iraq it is not just a war. The that does not support the troops. It But if there is anything that resembles American people need to know that we does not exist. So let us take that away legislative immorality it is the sugges- are rebuilding Iraq. Incidentally, not and start looking at the realities of tion that for you to get whole again, necessarily rebuilding anything the governing and oversight and not re- for you to be helped after Katrina, the former government destroyed but warding corruption and cronyism. way to do this is by taking money maybe we destroyed in the process. So The gentleman talks about the away from the programs that in fact we are putting in new schools, new money that it is costing. It is borrow affect the very same communities in homes, new temples, new churches, and spend. The Republican majority is many ways that are being hurt while new community centers, an infrastruc- borrowing and spending at the highest slipping in, slipping in permanently ture, and new transportation systems. interest rate possible. A lot of Ameri- this gigantic tax cut for people who did We are rebuilding a country. But if you cans receive mail, I do, and I open it not need it and some of them who pub- were caught up in Katrina, you are on and there you might find a free credit licly said we do not want it. your own. And if we help you, we are card. You can just sign right here. And then you read the fine print and you b 1330 going to take it out of another part of your life or another part of your suf- see that after the first 6 weeks it jumps You recall some very wealthy people fering. up to a 21 percent interest rate APR. It in this country saying we do not want That is wrong. That is where we have is not a deal. So we are chest beating that tax cut. We do not need it. to wake up and say who are we, what and talking about how we have to help So that what the American people are we, and I believe that we are much these poor Iraqis, but, meanwhile, need to understand is that I cannot better than that. So I thank the gen- when it comes down to Americans here imagine, nor have we ever heard of one tleman for his time, and I really hope on our soil, suddenly we want to be- American who watched the videos, the that we can wake up soon, in the next come fiscally responsible on the backs scenes of Katrina, and said, good for week or so, and stop this madness from of those very same people. them. Everyone was heartbroken and going forth. There is a lot of hypocrisy in the de- wanted to do something. Our country Mr. MEEK of Florida. Mr. Speaker, I mocracy within this Congress when it came together in the aftermath to try thank the gentleman for his comments, comes down to looking at that. And to help. But what I think most people and I am glad the gentleman came that is not just because I am saying it, do not know is that the majority party down to the floor. I think it is very, that is what is actually happening, and is trying to slip in all of a sudden a new very important to have as many voices that is the unfortunate part about this legislative morality that says when as possible from different parts of the whole argument. If we could wait until you pay for certain emergencies, you country sharing with not only the the next round of elections and the have to take it out of somewhere. Members but the American people American people could have their way Now, where do you take it out of? what is actually going on right now. with some of the individuals that are Well, if you take it out of people and Because by the time the American peo- running to the floor and cutting the places that can afford it, then perhaps ple find out what we do here, it is too very things that are helping their own that is balanced. But to suggest you late. It has already happened to them local communities in the light of being are going to take and pay for Katrina and they are saying, how did this hap- seen as fiscal conservatives, it would be relief by cutting out certain amounts pen. Many times they cannot follow fine. But guess what, there is too much of student loans or certain housing pro- the paper trail back to the source. out there for us to wait that long. It grams or what may be left of the Food The gentleman mentioned the war in has to happen now and we have to fight Stamp Program in this country, which Iraq. Well, we have to remind ourselves now. is now down to practically nothing, or that Republicans are in control of the Mr. SERRANO. If the gentleman will to help children in our country, to sug- House, Republicans are in control of yield for just a moment. In this profes- gest that you would pay for that by the Senate, and the Republicans are in sion of ours, we like to make pre- taking out of there is, in my opinion, control of the White House, so it is not dictions and, of course, we like to be totally improper. It is not in the best just the agencies that respond to the right. I will make a prediction now, interest of who we are as a country and White House. They are the Federal one that we have discussed before, and it does not make us look good. agencies that are out there that are ap- I hope I am wrong. I hope I am totally So we saw many in the last couple of pointed by the President of the United wrong. News flash: Making a pre- days allow perhaps a momentary slight States. So it is not our fault that diction; I hope I am wrong. retreat on bringing that approach to things are going the way that they are When this war settles down to some- the House floor. But the importance of going as it relates to dealing with thing other than it is, because we are the gentleman’s comments and his Americans. going to be there for at least 10 or 12 being here today, and the reason why I And what we are doing in Iraq is at years, but when it settles to something joined him for a few minutes, is the top dollar. I must add that it is not less or different than what it is now, fact that we have to keep mentioning like building a school in your neighbor- there will be many of us coming to the the issue and the fact that that idea is hood. It is top dollar, because you have House floor putting in legislation to

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23293 say those folks coming back need spe- version of what they even say it is, daughter, who had also never been on cial medical attention, psychological, which is an attempt to do the cuts so food stamps, help her to find out how physical, all kinds of things. They need that there will be money for the you apply for food stamps. So we are special housing and job training. They Katrina victims. I did not think I could talking about of course the poor, the need all kinds of help. Well, the very let them get away with that when poor to our shame that we all saw but people who are now saying we support three or four of them got up with the who somehow we had not seen before, the troops and are jumping all over the same message. but now we are also talking about hun- place spending all kinds of money on I think the first thing to understand, dreds of thousands of the new poor, or that ill-conceived war will be the ones because we have the credibility to say the temporarily poor, and those are the saying we are fiscally irresponsible in it, is that the Democrats stand for a victims of Katrina who simply will not trying to take care of the troops com- balanced budget, including making be able to get from one day to the next ing back home. some cuts at this time given this emer- unless they have access to the services The best way to take care of the gency. We have the credibility to say it that have only been available to the troops is, one, bring them home now, because we have proposed a budget poor, like Medicaid and like food right away; and the second thing is to that would put us in balance by the stamps. year 2012. We have done it. It is bal- make sure they are rewarded and cared b 1345 for for the pain they went through. anced. It is there for all to see on our We know, sadly enough and unfortu- Web site. If that is not enough under the topic nately, that of the close to 2,000 Ameri- This is the moment. It is a magic mo- of perversion, here is another one. This cans who have died we all know some ment, and the American people should is supposed to be about cutting the def- personally. What we do not know, be- look for this moment. This is the mo- icit. We still leave the deficit at more cause this government will not tell us, ment when the Congress should rein- than $100 billion. We do not make any is what is the total number of thou- state PAYGO. That is the pay-as-you- real inroads into the deficit, so what sands of wounded, wounded who will go notion that in the 1990s brought us are we doing? Do we really think the come back, and are here already, with to surplus, the surplus that the Repub- American people are fooled? I do not pain that needs to be dealt with. And lican White House inherited of almost think so. I think as technical as this the wounded in a war, as you know, $250 billion, a surplus as far as the eye stuff can get, they are beginning to un- could be getting shot in the hand to could see, and in the snap of a finger it derstand it. We see it in the polls. losing your eyesight or losing a leg or was gone. I must say to the gentleman from an arm. There are serious injuries com- We have pressed this Congress ever Florida (Mr. MEEK), I was here with his ing back, but nobody is talking about since the last administration left office mother before him; and in my 15 years that. to keep PAYGO. They have, in fact, in Congress, I have never seen such a So I think the gentleman is right to said the only thing we are going to use gap in the generic poll between Demo- continue to drive this home so that the PAYGO for are for spending other than crats and Republicans. That tells me American people can just get a wider tax cuts. So, we have had a perversion our message of who believes in balance look and then make their own decision, of PAYGO. We can do as many tax and who believes in making cuts but and I thank the gentleman once more cuts, and they have been overwhelm- doing them in the right way is getting so very much. ingly for the most advantaged and across. Mr. MEEK of Florida. Mr. Speaker, wealthy people in our society, and you I say to the gentleman from Florida once again I want to thank the gen- do not have to pay for those. But if in (Mr. MEEK), the Republicans started tleman for taking the time to come fact you are trying to help the poorest with $35 billion in entitlement spend- and join us here this afternoon. people in this society, such as those ing, no tax-cut spending. That was Mr. Speaker, I am also joined here by who were exposed for the world to see cruel, but that is where they were, and our great local delegate, the gentle- from the Katrina hurricane, then you that is what we had to take with all of woman from the District of Columbia better pay for those. our protestations. They said, no, that (Ms. NORTON), who has been in the Con- I do not think you could find any is not enough. After Hurricane Katrina, gress quite some time and who has seen substantial number of the American they said we need more. We need $50 quite a bit, so I am so glad she is here people who would say, I am right there billion. They say to the American peo- and I yield now to her. with you, and so we say, let us go with ple with a straight face, we need to do Ms. NORTON. Well, I want to thank PAYGO right now. You will find that this for the Hurricane Katrina victims. the gentleman from Florida (Mr. MEEK) there will be Americans, those who are These are the very victims who are very much for taking out this hour and most concerned with the deficit, those now having their Medicaid and food taking the leadership on this vital who are most concerned with helping stamps cut. issue. the poor saying, yes, now is the mo- As if there are no offsets on tax cuts, Mr. Speaker, I was on my way to a ment and we are for it. we are looking to the spending cuts markup. I got there and I thought I Instead, what we see is amazing and paying for tax cuts and new tax cuts, saw that there were a few minutes yet, brazen in how the resolution that ap- as much as $70 billion in tax cuts. We and I said, I have to go down. Because pears to be coming down would oper- have been in the Congress long enough I want my colleague to know that I ate. Since tax cuts cannot be touched, with Republicans in charge to know heard from some of my friends on the we have been told that, still, over and they believe in the reverse Robin Hood other side get up and say words to the over again, the spending cuts are, in ef- notion, take from the poor and give to effect that our side did not want to see fect, going to take from services of the the rich, but after Hurricane Katrina, any budget resolution that had any kind that the Katrina victims need. Do how shameful, on the backs of poor cuts; and that, see, there go the Demo- understand that. If you are a Katrina give more in tax cuts. crats again, they think you can just victim, even if you are middle class The gentleman from New York (Mr. spend money. And comments like, even now, you need Medicaid when you did SERRANO) was clear when he says he though they see the problem, they do not need it before, you will need food knows where the rich would be. He said not want any cuts to be made because stamps when you did not need them be- he cannot think of the rich in New they say that nobody will be for the fore. York who would say this is the way to budget resolution changes that are I saw a woman on television who do it after Hurricane Katrina. We know coming down now. said, and this is a woman in her fifties, and we want everybody to know we So I said to myself, my goodness, who said the very notion of food know where the money is, and it is in what is coming down now? The Amer- stamps and my family asking for them mandatory spending. We know there ican people need to know that it is a is so laughable that I did not even have to be cuts in the entitlement perversion of what is required, a per- know how to do it. She had to have her spending, and there have to be cuts

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23294 CONGRESSIONAL RECORD—HOUSE October 20, 2005 where they hurt most, in Medicaid and the IDEA bill says you have to give to ther unaddressed or the actions of the Medicare. We hate that. But if there is your special education children. So Congress are hurting the average a balanced budget resolution, we are this time I say to my friend, we are not American people. That is why the prepared to eat that pain along with taking from the poor to the rich, we Democratic Party is presenting pro- the rest of the country. What we are are taking from our traditional chil- posals that will take us in a new direc- not prepared to do, what we are not dren and giving to our most needy chil- tion. I think the country needs to go in prepared to do, after $35 billion in cuts dren, and that is a trade-off nobody in a new direction. I do not need to go that have already been on the backs of America wants us to make. back to Ohio to figure that out. I think the poor, to break their backs by, in Mr. Speaker, I say to my friend be- it is all over the country. We had a fact, more cuts to them. fore I return to my markup, the gen- gentleman here last night from Okla- The House has already cut low-in- tleman has done us a service. I do not homa. We had a woman here from Flor- come energy assistance, 8 percent. know how many Americans are watch- ida. We had a man from New Jersey There was an 8 percent cut below last ing, but I do say whatever happens and a man from Ohio. From all over year’s level. Middle-class people in our here, we do not have the majority. The the country people are saying, Demo- country are pulling their hair out try- gentleman from Florida took this hour crats, please take us in a new direc- ing to figure out how to heat their so we could make it clear that the tion, in a direction that will change homes this winter, and we are going to other side of the aisle cannot come on the country, and those are the kinds of cut even further the Low Income Home the floor and say whatever they want proposals that we are offering. Energy Assistance Program for the to say, even if what they say are patent As we look back as to what has been poor. We could shout it from the hill- untruths, without understanding that happening here for the past 5 years, it tops because I do not think there are lie for lie, you will find us talking to has been nothing but appointing crony any Americans anywhere that would the American people to try to set the friends to positions that are key in exe- sanction that. record straight. cuting the game plan for emergency Every single winter we have left it at Mr. Speaker, I thank the gentleman management, and then the job not get- level funding; and to cut it this year for his leadership. ting done, hiding information on the when we know what has happened to Mr. MEEK of Florida. Mr. Speaker, I true cost of the Medicare bill so we energy, we know what has happened to thank the gentlewoman from the Dis- have a corrupted system here. oil and to gas, and everybody has in- trict of Columbia (Ms. NORTON) for her The Democrats want some trans- formed everybody what they have to leadership. As I said at the top of this parency, and we want the opportunity get ready for. They are telling middle- hour, we thank the Democratic Caucus to lead so we can take this country class people now is the time to shore of this Congress for standing up on be- into another direction. I found it very up your houses, put in storm windows, half of the American people. When we interesting today in The Washington and do the extras that will save you in start talking about issues, these issues Post there was an article about a speech that Colin Powell’s chief of staff your heating bills. Tell that to the we are all talking about, these issues for 16 years, Colonel Larry Wilkerson, poor people. They do not own the prem- are affecting the American people. It is gave. During the course of the speech, ises. They are the renters of this coun- up to us to be able to share this infor- he talked a lot about what has been try. They are having a hard time find- mation. I am glad that the gentle- going on. This is one of the third-party ing enough money to pay the rent. woman went further into the budget. validators that we like to have at the They cannot fix the premises; and if Mr. Speaker, we need to balance the 30-something group. We like to vali- they did, because they are so poor, budget. We are the only Members of date our thoughts with someone who is they could not buy the storm windows. the body that can actually say we bal- independent of us. This is not the Meek This is so cruel that you will not find anced the budget and we had a surplus. Report or the Ryan Report. This is a The majority side cannot make that Americans in any number who will 16-year chief of staff with Colin Powell, claim. I was not here, but the gentle- sanction this if we tell it. and he is a veteran. He was the director Mr. Speaker, we are going to tell it. woman was here. They passed the of the Marine Corps War College for We are going to tell it in the rich and budget that gave us a surplus. The quite some time. And what he had to the poor neighbors. We do not have the other side cannot even say it because say I found unbelievable. same access to the media the other side they all voted against it. He talks about him seeing a cabal be- has, but just wait until we finish tell- Ms. NORTON. Mr. Speaker, I thank tween the Vice President of the United the gentleman. ing America about how you are taking States, DICK CHENEY, and the Secretary Mr. MEEK of Florida. Mr. Speaker, it money for Hurricane Katrina victims of Defense, Donald Rumsfeld, by cut- supposedly, from other poor people to is almost like we need to have an op- ting out the bureaucracy that had to supposedly pay for them when the portunity to come to this floor like carry out the decisions: ‘‘We have money will in fact go to pay for tax every 3 hours. There is so much going courted disaster in Iraq, in North cuts for wealthy Americans. on here, the Members need to know Korea, in Iran, and generally with re- Let me give one more example that I that we are watching them. The Amer- gard to domestic crises like Katrina.’’ think will get to the heart of the prob- ican people need to know and the Mem- If there is a nuclear terrorist attack lem, and that is the possibility of a 2 bers need to know that we have alter- or major pandemic, ‘‘you are going to percent across-the-board cut that will natives, and we are going to present see the ineptitude of this government cut special education funding below the those alternatives legislatively in com- in a way that will take you back to the 2005 level, further reducing special edu- mittee, we are going to present those Declaration of Independence.’’ cation. alternatives here on this floor, and we This is a guy who has been in the De- There is not a Member here who does are going to present those alternatives partment of State for 16 years. This is not hear his school board, his local offi- in Special Orders to let it be known a 16-year chief of staff, worked at the cials screaming about special edu- that we are not going to sit by and State Department, ran the Marine War cation drinking up the lion’s share of watch this country start to slide, not College. This is a guy who has been the education dollar. As it is now, we because of the American people, but around the block. He is saying if we are down to covering only about 17.5 because of the majority who are willing have a terrorist attack of significant percent of special education. That is to stand on behalf of the most able magnitude, we are going to see the in- 17.5 percent out of the storied 40 per- Americans as it relates to finances on eptitude of our government. cent we pledged the States we would the backs of everyday Americans. What the Democrats are saying with cover when we passed the IDEA bill. Mr. RYAN of Ohio. Mr. Speaker, our independent commission that we Mr. Speaker, who has the nerve to there is no doubt about it. I think want to oversee what happened with say to States, take from the tradi- there are so many issues we need to ad- Hurricane Katrina, we had better fig- tional children if you have to, because dress as a Congress that are going ei- ure out what the answers are here. We

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23295 had better figure out what we did certainly, or the situation in Iraq opportunity, need it be out in the hall, wrong because the next time it may which still goes unexplained, we are in our office talking to our constitu- not just be New Orleans, it may not paying the consequences. ents, or on this floor talking to our col- just be the gulf coast and then people Mr. MEEK of Florida. Like I said, he leagues, that we know and the Amer- are going to come to us and say in 2005, is right and we are going to see. ican people will know exactly what you where was the United States Congress? Mr. RYAN of Ohio. You are right. are doing to them, and it will not be Where were they in their oversight du- Mr. MEEK of Florida. I will take something where that: I do not know, I ties? Article I, section 1 of the Con- some of that, too. Because those of us did not understand what I was doing on stitution, the people of this country that are here in the Beltway, and when that vote. And, if I would have had that govern in the House of Representatives I say Beltway we are talking about opportunity. Do not come creeping in and we have oversight over everything, here in Washington, D.C. there is a here under the doorjamb writing some- over every executive function, includ- Beltway that goes around this entire thing into the CONGRESSIONAL RECORD ing FEMA and the Department of city. Those of us that are drinking the saying, well, I know I voted for this Homeland Security. water, breathing the air, and eating budget, to cut the budget of a lot of my The concern is when a man of this the food here understand exactly what constituents, but I really feel this way. magnitude who has been around the is going on, and it is our duty as Amer- Do not do that. We do not want to block as many times as he has been, icans to make sure that we put light have to pick up the CONGRESSIONAL where light is not. And even where you who has watched up close the misin- RECORD to find that you have a con- formation with the war in Iraq, Hurri- have light, like here under the lights science about the vote that someone cane Katrina, all this other stuff, says here in this Chamber, that we illu- told you to do, a twist your arm. minate it even more as it relates to to us you will not even believe the in- The gentleman from Ohio and I making sure that every Member knows eptitude if there is a major nuclear at- talked the other day about violating exactly what he or she is doing or not tack in the United States, the inepti- the spirit of the rules of the House of doing as it pertains to issues that are tude of the government. Now, our job is Representatives. The so-called energy going to blanket, blanket and increase we should not have to wait. bill that went and passed this floor just cronyism and corruption and going to a couple of weeks ago, held this board b 1400 increase the whole, or going to pro- open, the voting board here in this And that is why the Democrats want mote the whole theory of borrow and House open for 90 minutes, 90 minutes an independent Katrina commission spend. on a 15-minute vote. We came up to Folks, it is interesting, and the thing just like we had an independent 9/11 these mikes and called: Mr. Speaker, about being in Congress is that it is Commission, bipartisan. And the com- point of order. What is going on here? important that you understand that we mittee that is set up right now might Did we not have a vote? Oh, wait, I am all must tolerate one another. It is not as well be chaired by Mr. Gillespie, the sorry. You mean to tell me you are not chair of the Republican National Com- personal, it is just business. And the bottom line is, is that if you want to winning and the special interests are mittee, because it is a partisan com- not winning on allowing them to stick mittee. The Democrats do not have talk about the business and you want to talk about spending, you want to the drill anywhere they want to drill, subpoena power, it is 11 to 9 Republican and you mean to tell me you are not to Democrat. And I just feel that that talk about fiscal responsibility, you cannot just have a backdrop in the winning because this is not a true en- is an unfair way to go about solving ergy bill that is going to talk about the problems, because it is about CYA, back of you at a press conference and say fiscal responsibility, and fiscal re- conservation and independence and go it is not about getting the facts. And sponsibility, that makes you a conserv- against price gouging? You mean to that is a real problem. ative. That does not make you a con- tell me until you are able to twist And meeting our constitutional obli- servative. What makes you a policy enough arms, or I must add, hammer gation, we stand here and we raise our maker and what shows that you have people, okay, to the point where they hand and we swear to uphold the Con- the ability to lead is being able to are going to change their vote based on stitution so help us God. Part of that march down to the White House and their thoughts of coming in here and responsibility is the oversight that I tell the President: We are concerned based on the information that they think we have been derelict of our about spending. Why don’t you veto a have on this bill that it does nothing, duty. And the Republican Congress has bill for once? you are going to hold the voting clock been derelict of their duty, and that is Mr. RYAN of Ohio. Yeah. open until you have your way. why the Democrats want to take this Mr. MEEK of Florida. The President It is almost saying that we are at a in a new direction and change what is of these United States, our President, little league football game and I hap- going on down here and do that by hav- you want to talk about being a con- pen to be the guy that bought the jer- ing an independent commission that servative, has not even vetoed one seys for one team and my cousin hap- will get to the facts, not to the poli- spending bill. As a matter of fact, of pens to be the ref that has the stop tics. the transportation bill that has more clock, I am going to tell him to stop Mr. MEEK of Florida. Mr. Speaker, fat, pork, everything else, a couple of the clock because we are behind by 7 my colleague from Ohio could not say raccoons in there, he did not even have points and I have got to go over and try it better because that exactly goes to the nerve to stop that. We have bridges to twist some arms and try to change the marrow of this whole issue, of mak- going to nowhere. Meanwhile, we have the rules so that we can come up by 8 ing sure that we engage not only the got folks around here in shelters, and points, and then I want him to start Members but also the American people. we are asking no one to sacrifice. No. the clock all over again. That is break- If it was something dealing with total As a matter of fact, the majority side, ing the spirit and that is violating the politics, you could say, well, you know, the Republican side, they are asking rules. They are doing things because in 2006 it will be dealt with. But there poor people to sacrifice. They are ask- they can. are so many things that are happening ing people that their kids are in Iraq But I can tell you one thing, Mr. to Americans versus for Americans right now and Afghanistan to sacrifice. RYAN. Just like you talked about that that we need change now. Meanwhile, you have billionaires decorated veteran that has worked in Mr. RYAN of Ohio. The last part of saying: Do not worry, you do not have the State Department and worked with this article about the Colonel, he says to say anything. This is what the ma- Colin Powell, the American spirit will what my colleague just said, what he jority is saying. You do not have to say prevail over politics, and that is what was just saying: You and I and every anything, we will protect you. We will we have to bank on as it relates to this. other citizen like us is paying the con- protect you, Republican majority. So those individuals that have a sequence. Whether it was a response to So I think it is important that we problem with us coming to the floor Katrina that was less than adequate continue every time that we get the and sharing exactly what is going on,

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Whatever come here and represent them. They But show the proper leadership and they are wanting to do, if they do not are white, they are black, they are Re- ask the hard questions and ask all think the outcome is right, go spend publican, they are Independent, they Americans, including the ones making more. And for years they have held this are Native American, they are His- a billion dollars a year, to pay their thought that if you just put more panic, they are Americans. And we are fair share. money in the pot, then the outcome is charged with the duty of coming to Our Web site is going to be what they want. Spend this floor and making sure that they www.housedemocrats.gov/katrina for more. Spend more. are represented. Even if the majority our citizen cosponsorship, and you And what holds them together? Mr. does not want to represent them, even can e-mail us at Speaker, I think that is something if we are in the minority, we do not [email protected]. that is a curiosity to many people, be- have the option to say we were bigger, Mr. MEEK of Florida. I thank my cause they are not united on foreign they were smaller. They had the major- colleague from Ohio for joining me. Mr. policy, they are not united on winning ity, we had the minority. Oh, we could Speaker, I also would like to thank the in Iraq, they are not united on border not do anything. We are doing every- Democratic leader for allowing us to control issues, they are not united be- thing. As I speak now, we have Demo- have this first Democratic hour. hind working families who tell us re- cratic members fighting in committee f peatedly that what they want is lower taxes, lighter regulation, preserving in- to make sure that they can get amend- HEALTH CARE AND FISCAL dividual freedom, and having their shot ments on to bills to be able to help ISSUES Americans. As we speak right now we at hope and opportunity. are preparing to come to the floor to The SPEAKER pro tempore (Mr. Our colleagues across the aisle are fight the battle with what we have. KUHL of New York). Under the Speak- not united on that. The one thing that What my colleague from Ohio is say- er’s announced policy of January 4, they repeatedly seem to be united on is ing is 110 percent right. That bill that 2005, the gentleman from Georgia (Mr. spending more of the taxpayers’ you have there, we have over 40,000 cit- PRICE) is recognized for 60 minutes as money, spending more of your hard- izen cosponsors on it right now. the designee of the majority leader. earned money. And it is amazing to Mr. RYAN of Ohio. 40,000? Wow. H.R. Mr. PRICE of Georgia. Mr. Speaker, I me, government never gets enough of 3764, you can come to appreciate the leadership allowing me the taxpayer money. Government has www.housedemocrats.gov/katrina. We the opportunity to speak this hour and this huge, voracious appetite for the are trying to get a grassroots move- talk about a number of issues. We are taxpayers’ money. They just cannot ment together, and it sounds like we going to discuss an important issue of get enough of it. There is always an- are well on our way. 40,000 citizen co- health care. But before we do, I other program. Many of them are great sponsors for this bill to form an inde- thought it would be appropriate to cor- programs, but one of the truths that we pendent commission so we can go back rect some of the misinformation that all see here in this body: If government and review and actually fix problems. we have heard over the past hour. And moves in to solve a problem, generally Would that not be novel, for govern- the misinformation is truly remark- neither the private nor not-for-profit ment to go back and actually have an able, and so I have been joined by one sector will move in and address that independent commission, remove the of my colleagues here to address a cou- problem. politics, and fix the problem? That is ple issues and I will do the same as b 1415 what the Democrats want. well, and then we will get into the dis- And all that you said there, I want to cussion about health care. But I am So you have additional costs that make one final point because we only pleased to be joined by my colleague come about. Every time we talk about have a couple minutes left. If you do from Tennessee (Mrs. BLACKBURN), who winning in Iraq, our friends across the not believe us and you do not believe is going to tell the rest of the story. aisle seem to say let us get out, regard- our third party validators, Mr. Speak- Mrs. BLACKBURN. I thank the gen- less of the sacrifices that are made. er, let us just use good common sense tleman from Georgia who is doing such Every time we talk about controlling here. Every single cut that is being an extraordinarily wonderful job, Mr. the border, they are over there saying made to supposedly pay for Katrina is Speaker, as he represents the positions no way. being cut in a program that does not that our party holds on so many issues Mr. Speaker, yesterday, I was on a have lobbyists. Can you believe that? that are important to the American CNBC program; and a Democrat Mem- Medicaid, after-school, free and re- people. ber of the House said that their party duced lunch, student loans, no lobby I am going to be heading to my dis- had never been invited to offer spend- groups down here for those people. So trict for the weekend, as most Mem- ing cuts. There are 435 Members of this we are going to pick on the little kids, bers are, spending some time there, body, and Mr. Speaker, they are wait- we are going to pick on the people who having the opportunity to talk with ing for an invitation to come in and cannot defend themselves. But mean- them. But as the gentleman from Geor- participate in how to reduce the size of while, the guys who are raising mil- gia was saying, we wanted the oppor- government. This morning, I was on lions and millions of dollars for the Re- tunity to just address and maybe do a the floor and I said please consider this publican majority, we are not going to little bit of correcting on some of the the invitation, come on. Everybody touch you. We could not possibly ask points that our colleagues from across needs to work on this. It should be a bi- in this time of great national crisis, the aisle have been saying and stating. partisan effort. It should involve every three wars, we have a natural disaster Sometimes I think that they are just single Member of this House, how we and high gas prices, we could not pos- sadly misinformed on some of these go about reducing what the Federal sibly go ask the wealthiest in this issues. Government spends. country to pay their fair share. They said that Republicans are not I have three bills that would enact And I say this, and I do not say this looking to cut spending. I just find across-the-board cuts, 1 percent, 2 per- lightly. This administration does not that extraordinary. They said that cent and 5 percent cuts; and for all of have the guts, the guts, to go and ask Democrats are the ones that are want- their talk today about how they want the wealthiest people in this country ing to cut spending. Mr. Speaker, the to cut spending, Mr. Speaker, not one

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23297 single Democrat is on those bills, not costs for the displaced citizens down in tude, which is what their leadership one. We have got 14 Republicans who the gulf coast after the hurricanes. has told them as it relates to budg- are on those bills, and not one Demo- What the Democrat leadership said, etary issues. crat has signed on to commit to finding well, you may do that but you will not Let me shift gears a little bit because 1, 2 or 5 percent of waste, fraud and get a single Democrat vote. Now, there I did want to thank, once again, the abuse in government spending. is leadership for you. There is leader- leadership for allowing me to partici- Mr. Speaker, I ask my colleagues, ship for you. pate in this hour and wanted to talk who is really leading on this issue? I We also heard from the other side re- about one of the most important as- hear plenty of accusations from the cently, just earlier today, that they pects and areas of every single citizen’s left. I hear plenty of complaining, and looked for third-party validators, some life, and that is the area of health care. I see zero action. A lot of talk, no ac- objective body that would say, yes, Few things are more important to tion. They controlled this body for 40 what you are saying is absolutely cor- any individual’s life than health care; years; and in that 40 years, they built rect. As an example of the third-party and certainly, the decisions that an in- layer after layer after layer after layer validator, they brought an editorial dividual makes about health care are of government. They cooked them a big from the Washington Post. Folks in my some of the most personal ones that old government cake, layer upon layer. district, if you had a microphone in one will make. I am joined today by We have got programs out there that their living rooms right now, you one of the gentleman from Texas (Mr. do nothing but waste our money. We would hear them guffawing. To con- CONAWAY), my good friends and col- have got 342 different economic devel- sider that the Washington Post edi- league, who is going to discuss a little opment programs. There is a lot of torial is a third-party objective body is bit about individual responsibility as it work that we can do. Everyone is in- just phenomenal, but it is the backdrop relates to health care; and then we will vited to come in and work on these for all of the discussion that they have, talk about some other items as they issues; and anytime we even try to re- and that is, to distort and to give a relate to Medicare and other issues and strain spending, look at the rhetoric lack of credibility to those things that health care. Mr. Speaker, I yield to the gentleman that we hear. are truly occurring here in Wash- from Texas (Mr. CONAWAY) and ask my Mr. Speaker, it is our party in this ington. House, it is our leader, the gentleman I want to point out this chart right colleague to talk a little bit about in- dividual responsibility in health care. from Illinois (Speaker HASTERT), who here because this is a chart that talks Mr. CONAWAY. Mr. Speaker, I thank truly is leading on this issue, not the about the percentage of Federal per- the gentleman from Georgia (Mr. minority leader. It is our leaders who sonal income tax paid by different sec- PRICE) for yielding. are pushing this. It is our party who tors of our society. All the time you Let me make one comment about would like to reduce government hear the other side talking about the your chart. I am a CPA. I have spent spending by billions of dollars, billions wealthy are not paying their fair share 30-plus years assisting clients in deal- more in next year’s budget. It is our and it is all on the backs of the poor ing with our very complicated, very party that would like to see across-the- and on and on and on. Sometimes the convoluted Federal income tax code, board spending reductions. picture is worth a thousand words. whether it is individually or corpora- Their solution that they offer is re- What this chart shows is that the top tions or other businesses. Any system pealing tax relief that is well deserved 1 percent, this column right here is the that is based on a ‘‘fair concept’’ is by hardworking American families, re- top 1 percent of our population in flawed because what is fair to one per- pealing that relief and raising taxes, terms of income. The top 1 percent of son’s view is not necessarily fair to period. That is the only thing that our population in the United States somebody else’s point of view. When unites their party. today pays 34.27 percent of the total you base a public policy this broad and I hope that they will work with us on taxes, 34.27 percent by the top 1 per- expansive and quite frankly invasive reducing the spending of the Federal cent. So you tell me whether you think on ‘‘fairness,’’ then you set yourself up Government. I thank the gentleman that is the right amount or the wrong for a constant argument and constant from Georgia for yielding. amount. I do not know. All I do know battle about what is and is not fair. Mr. PRICE of Georgia. Mr. Speaker, I is they are certainly paying their fair Clearly, your chart shows a differen- thank the gentlewoman from Ten- share. tial between the wealthiest folks in nessee for her leadership and really The column way over on the other this country and the folks that are on stalwart stance on the issue of budg- side, way over on the other side is the their way up to, hopefully, becoming etary reform and fiscal responsibility. lower 50 percent of income individuals the wealthiest in this country. Cer- She is one of the champions here as it in this Nation, and the amount that tainly, they have got that opportunity relates to that. those individuals are contributing to with hard work and applying them- I just wanted to mention a few other the total revenue is 3.46 percent. You selves to that. items that we have had presented by see the difference, the lower 50 percent, So I would just like to point out that the other side of the aisle over the last that is half, 50 percent, that is half, maybe we need a different system. hour; and again, I think the misin- compared to the top 1 percent, 3.46 per- Maybe sometime next year let us have formation that is being presented is cent, 34.27 percent, 10 times as much by this conversation about a different way truly astonishing. It does a disservice the top 1 percent as the lower 50 per- to collect the minimum amount of to the American people. It does a dis- cent. money needed to fund this Federal service to the debate because if folks As I say, you may say that that is Government, and we will have that are not interested in being honest and not the right amount, but you cer- conversation. open about the debate, then you cannot tainly cannot say with a straight face I would like to comment, though, on have a real debate; and when you are that the individuals who are in the top health care and individual responsi- dealing with folks really who want to 1 percent are not paying their fair bility. distort things so incredibly, it is phe- share. That is just nonsense, and real- I think it is universally recognized, nomenal. ly, makes it so that you have to be sus- and that is a hard thing to state with My colleague from Tennessee men- pect about every other word that a straight face, but I think it is univer- tioned that the Democrats were con- comes out of their mouths, especially sally recognized that Americans enjoy cerned because they had not been in- when it is talking about budgets. the finest health care delivery system vited to participate. Let me tell you So I would hope that what they in the world. You yourself have been an what their leadership said when we dis- would do is to engage productively, to integral part of that as an orthopedic cussed the possibility of opening up the engage in the process and come with surgeon, and your wife, I believe, is an budget that we agreed to in the spring positive solutions and positive discus- anesthesiologist, members of the deliv- in order to find savings to cover the sions and not just a just-say-no atti- ery system that this country enjoys.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23298 CONGRESSIONAL RECORD—HOUSE October 20, 2005 We have got a flawed payment sys- doctor or should not and sue the doctor decisions are made. And as we talk tem, and I am not sure how we got to or the pharmacy or whatever, sue any- about health care, I think it is impor- this point and place, but we are here. body that is still breathing because of tant that we always try to remember We have got a system that if you ran a decision that I made. who is making those decisions, or who your car insurance program the same Personal responsibility is not only should be making those decisions may way we run health insurance, then taking responsibility for paying for be a better question. Who should be each time you needed to change the oil health care but also reclaiming your making those personal decisions as in your car or new tires, you would file health care decisions because those are they relate to health care? an insurance claim. That is not how we yours. You are responsible for that, My passion for this is, as the gen- work our cars. We figure out a way to and you yourself know there will be tleman from Texas (Mr. CONAWAY) operate our automobiles out of our nor- the occasional bad outcome to any pro- mentioned, I am a physician, I am a mal monthly budget. We budget for cedure, to any field, and that is just third generation physician. My grand- that and take care of those incidentals. nature. Doctors are not perfect or hos- father and father were physicians as We do have car insurance for the catas- pitals. None of us are. Those legitimate well. My grandfather graduated from trophes, for wrecks, for destruction and just bad outcomes is just the system, medical school in 1908, so he saw a theft, those kinds of things, those cata- and we ought to take personal respon- transformation in the field of medicine strophic deals. sibility for that. that was absolutely incredible. He Our health care system is flawed in I had several doctor clients, and to a practiced for over 30 years nearly with- that, quite frankly, I get the services, person, if they did something wrong, if out any antibiotics at all. When you you provide me the services, and some- they created an issue or made some- think about that as being a different one else pays for those services. In that thing that aggravated something with kind of world, it really was a different scheme, I am not as concerned about a patient, they were going to fix it, pe- kind of world, a different kind of the cost of those services as I ought to riod, no matter what it was. health care. He practiced medicine until he was 94 years old. So I remem- be because I am not writing a check to b 1430 help out with that. So I have no incen- ber well when I was a young boy, some tives, so to speak, to ask you are there But in many instances, they used of my first memories are of visiting my alternatives to what you have pro- their absolute best professional judg- grandfather and going on what were posed, is there another way to do this ment to treat a patient and they just rounds with him, and rounds at that or cheaper way. Can we do it at some got a bad outcome. That is life. So this time meant house calls. Some people other hospital that can be a little less personal responsibility issue that I am remember those, but we would get in expensive than the one you typically talking about is decisions for what his car or walk through the neighbor- practice at, because I am writing those health care you do get or you do not hood and visit patients. And one of the checks. get, and the costs. things that I remember so well is the Getting personal responsibility back I think the health savings accounts love that was poured out when he into the health care system, getting a that we have instituted in certain in- would come to a house, because it was system in which I have a viable inter- stances will help us do that, so that a very personal relationship, the rela- est in asking that question. We may putting away money in a health sav- tionship that the patients had with ask that question on every other single ings account; if you have a normal their physician, then my grandfather. thing that we do, how much is that monthly kind of an expense come up, I My father was a physician as well going to cost. We may not ask it out have to decide do I take that money and came and practiced during the loud, but we make a cost-benefit anal- out of my health savings account that 1960s and the 1970s, and it was a dif- ysis each time in our head each time is growing, or do I figure out a way to ferent time then also. It was a time of we make a purchase on something such do it out of this month’s budget or my great transformation for health care, as how do I want to pay for that. We do normal operating budget. So bringing in a direction that has kind of led us to not do that in medicine, and it needs to that personal discipline back to the where we are right now. He initially be communicated to all of us that that table in the arena of health care is not practiced internal medicine and then is okay to do in medicine. the absolute overall magic bullet, but moved into becoming one of the first There are some things in medicine it is a piece of the fix that is health professional physician groups of emer- you do not ask: emergency or cata- care costs. gency care. He worked in an emergency strophic kinds of things. You go get I appreciate this opportunity to room in a hospital, and that was part that thing. There is an awful lot of share this hour with the gentleman, of the transformation that medicine medicine that I think is subject to a and I look forward to hearing the re- was going through, to try to answer circumstance where we can ask what mainder of the gentleman’s comments some of the real challenges of caring that costs, and I think just doing that from a learned colleague in an arena for people with new technology and a would begin to drive down those costs. that is obviously of vital importance to new society that was having challenges As the example, I went for an annual all of Americans. in the way that people were accessing checkup a year or so ago and had an Mr. PRICE of Georgia. Madam health care. Many suffered from trau- issue. The physician said, well, I can Speaker, I appreciate the gentleman’s ma, which had not been the case in the prescribe a course of antibiotics that is comments, because they are just so ap- past, primarily related to the auto- about $300 a month and 3 months from propriate, and I think it is a shame, mobile and the kind of traffic that now that condition will clear up. I have but they are visionary, that it ought to began sprouting up in so many urban got a prescription drug card so it was be the system that we currently have areas across our Nation. going to cost me $15 or whatever. I said in terms of personal responsibility and In the 1960s, we saw the changes that $900? He said, yeah. I said, well, what an opportunity to select the kind of came about with the institution of happens if I do not do that? He said in health care that we have. But, sadly, Medicaid and Medicare. And when we about 3 months it will clear up. that is not the case. We will talk a lit- talk about health care in the United I made a cost-benefit analysis and de- tle bit about that and how we got to States, it is impossible to talk about cided that I would forgo the antibiotic where we are today in our health care health care without talking about treatment and go with the professional system. Medicare, because Medicare has truly judgment. It was my decision. I need to But let me mention, once again, why transformed, for better or worse, the stand behind that decision, and if 3 I think it is so incredibly important whole method of how we deliver health months later my condition had gotten that we discuss health care. It is a sig- care in our Nation. The vast majority worse and I had other problems that nificant portion of the Federal budget of private insurance products today as may have been fixed if I had taken a but, more importantly, it is without a they relate to health care are tied in different tack, I cannot go back on the doubt the area where the most personal some way to Medicare. Most folks do

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This first one comes amount of money that we were spend- a Medicare program that for 40 years from the Center for Health Trans- ing on health care. This chart shows in has not covered a single drug. formation, and that is an organization 1965 that government paid for about 25 Now, thank goodness we are moving that has come about in the past couple percent of all of health care expendi- in that direction. There are some chal- of years. It is headed by some wonder- tures in our Nation. And the private lenges I think we have in that pro- ful people. Speaker Gingrich is leading sector, individuals and the private in- gram. But we have a system of govern- this charge. He recognizes that the as- surance, paid for about 75 percent. So ment in Washington that cannot re- pects of health and health care and the about 3-to-1 private sector to govern- spond to the remarkable changes that costs of health care to our Nation must ment. we have had in the area of progress in be transformed in the way that they Over a relatively short period of science and technology. The private are being delivered right now. And this time, we are seeing a significant sector is so much more adaptable, so information comes and demonstrates change in who is paying for what. much more flexible, so much more the national health care expenditures Right now we are in a situation where nimble. So when patients need im- as a percent of gross domestic product. the government is paying for about 45 provements, they ought to be able to So how much are we in this Nation percent, and it continues to tick up, of look to the private sector for those im- spending on health care as it relates to health care expenditures, and the pri- provements, because they come about the entire domestic product that we vate sector or the private market is so much more rapidly. But the sad have? How much money do we have and paying for about 55 percent. That is im- story is, they have to look to Wash- how much are we spending on health portant not just because this side is of- ington. care? tentimes on the backs of hard-working So I think what we need is a trans- In 1965, that amount was about 6 per- Americans, but it is important because formation of our health care system so cent. In 1965, that amount about was remember that golden rule, he who has that patients can make those kinds of about 6 percent. It happens that 1965 the gold makes the rules. decisions. was the year that Medicare began. And Washington, when they are paying The health care model that we have there are a variety of reasons for why for health care, make rules that may right now really harms people, because it is not responsive to the needs of pa- we see the curve go up the way it does, and oftentimes may not be to the ben- tients. It is responsive to a bottom but suffice it to say that we have sig- efit of the system. When I say ‘‘the sys- line. It is responsive to a bottom line. nificantly increased the amount of our tem,’’ I do not mean the folks pro- In fact, the individuals way back in domestic product that we are spending viding the care; I mean the folks re- 1965 who wrote Medicare, the Medicare on health care, now to about 13 per- ceiving the care. This system is set up law, in this body knew that. They knew cent, and the projections are that in not to serve patients, and that is the that Washington could not be respon- the relatively near future, we will be at problem. This type of graph dem- sive. They knew that it ought not be in 17 percent. Some of that is, I would onstrates that those individuals who charge of health care. And how do I suggest to the Members of the House are most, remember, the most personal know that? I know that because what and folks who are watching, some of decisions that we make are health care they wrote in the law at that time, and that is as a result of governmental in- decisions, and this system is set up to this is a quote from the changes to the volvement, and we will talk about that not be one that is the most helpful to Social Security Act which put in place some. Some of that is a result of tech- patients. the Medicare program: ‘‘Nothing in My colleagues may say, well, can you nology, no doubt about it. But the this title shall be construed to author- trend is disturbing. The trend is dis- give an example of that? Well, there ize any Federal officer or employee to turbing, because we cannot go too are all sorts of examples of that, but exercise any, any supervision or con- much further, and we may be at that what I would like to talk about briefly trol over the practice of medicine or point now, where we are not able to is an example that clearly points out the manner in which medical services provide for other priorities that the why Washington is not the place to are provided.’’ Nation has. So we have gone from make these decisions. We are about to Did you hear that? Nothing shall be about 6 to 13 percent as a percent of begin a new part of the Medicare pro- construed to authorize anybody in the gross domestic product. gram on January 1 of 2006, it is part D Federal Government to exercise any Now, it is also important to look at Medicare program which will start supervision or control over the practice who is paying. I often talk about the January 1, and that program is a pro- of medicine or the manner in which golden rule. Most folks know the gold- gram that for the first time since 1965 medical services are provided. en rule. There are a couple golden when the program was instituted, for Well, I say to my colleagues, I will rules. The finest one is the golden rule the first time will cover prescription tell you, and you know this, that all that says do unto others as you would drugs, will cover medicines. sorts of things that Medicare does and have them do unto you, but in Wash- Now, one thinks of a health care sys- all sorts of things that we do specifi- ington the golden rule is he who has tem that has incredible ramifications cally, specifically, either supervise or the gold makes the rules. And this for the entire health care system of our control the practice of medicine or the chart demonstrates clearly one of the Nation, and it has been in place for 40 manner in which medical services are challenges that we have as it relates to years, and it has not covered a single provided. We violate this law all the health care. medicine, not one antibiotic, not one time, all the time. And why do we do This chart shows the percentage of drug for diabetes, not one drug for hy- it? We do it because we are not patient- health care expenditures that are pri- pertension or high blood pressure, not sensitive or quality-sensitive as it re- vately paid or paid for by the govern- one drug for cancer; it has not covered lates to health care. Washington, by its ment. And one of the dirty little se- any of them. That is the way that very nature and by its very being is crets that is not really a secret is that Washington works; that is, slowly and bottom line sensitive, it is bottom line whenever the government pays for any- with a lack of perspective on who is sensitive. thing, whenever Washington pays for being affected by the decisions. So we have a model that is in place anything, there are all sorts of rules Remember, patients are the ones that cannot, I would suggest cannot and regulations and requirements that that are affected by the decisions that provide the kind of services that are are in place that go along with that. we make here in Washington as it re- needed for the patients.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23300 CONGRESSIONAL RECORD—HOUSE October 20, 2005 Think of the contrast. If you think You are met with a pile of paper. You health care system, having some inter- about the ways that our society has are met with a pile of paper. And you action with the health care system. changed over just the past 20 or 30 read through that paper, or most folks Half of those folks are frustrated in years, the way that we do so many ev- go right to the back end of that paper, some way. So you say, well, why has eryday things, and if you compare that and you sign. And you wait and you get the system not changed? Well, if only 2 to how health care is provided now and into the clinic room or the exam room, percent of the population is mad at any how it has changed or not changed, and your doctor comes in, and he or point in time, it is a small amount. It then you have a very clear idea I think she has what in their hand? A chart. A is a small amount. about the challenges that we have in paper chart. But what that defined benefit system the area of health care. That may have the last notes from has in place is a system where patients Some common, everyday things: buy- your office visit. It may not. It is a sys- cannot be the ones who are affecting ing gasoline at the gas station. Now, tem that is antiquated. It is a system insurance plans easily. Because, you regardless of what it costs, the way that is inefficient. It is a system that know, my colleagues know and pa- that we used to purchase gasoline is is unresponsive to the needs of patients tients around the Nation know that that you would pull up at the pump and in a way that the rest of our society when they dial up the insurance com- you would roll down your window and has transformed completely. pany and say, hey, this plan is not somebody would come out, and they So health care is stuck in the past. It working for me, I cannot get this dis- would say, would you like us to fill it is stuck in the past century. It will ease treated, or I cannot go to the doc- up? And then they would go ahead and take a significant length of time to tor that I want to go to, or I cannot get put the amount of gasoline that you just catch up to where we are, not get the medicine that I want, the insur- wanted in your car, and you would pull into the 21st century, but to catch up ance company says, well, you will have out a dollar or two or more and you to where we are. to talk to your boss. Right? Talk to would pay for that gasoline. Now, how Now, how do we progress from here? your human resources officer. Or if you do we put gas in our car? We pull up to What do we need to do to move forward are a Medicare patient, you cannot a pump, we never see anybody, we take and transform health care? I want to even get through on the phone most of our credit card out of our pocket or talk about some principles, and I want the time. But what happens is that the purses and we put it in the pump, we to talk about a resolution that I have patient is removed from that decision- select the gasoline, we pump the gaso- introduced, H. Res 215. It is kind of a making process. line, and many of us, I am told almost 30,000-foot view of health care. Now, that is not right. These are the half of us, do not even ask for a receipt What it says is that we ought to most personal decisions that people any more because we trust the system. move as a matter of national policy make in their lives, the most personal from a system as it relates to health decisions; and they are removed from b 1445 care of defined benefits to a system of that process. So moving from a defined Because we trust the system. It is defined contribution. Now, what does benefit system to a defined contribu- easy. It is more efficient. It is a system that mean? tion system says that whoever is pay- that has changed drastically over the Right now most individuals get their ing the cost for the health insurance, past 20 or 30 years. And if you compare insurance through their employer, or whether it is the Federal Government that to health care, that is stuck in a their previous employer, or through through the Medicare program or the paper society that is no longer existent the government, though Medicare or State government through Medicaid, or in so many aspects of our society. through Medicaid. And all of those sys- the employer through employer-pro- The same is true of travel right now. tems, by and large, have what is called vided health insurance, or the individ- If you want to purchase an airline tick- a defined benefit plan. uals, regardless of who is paying for et, an increasing number, in terms of That means that somebody, in the the insurance policy, the patient owns percentage of folks, are now going on- case of Medicare and Medicaid, some the policy. line. They can go to their home com- government employee, bureaucrat, has The patient owns the policy. And puter 24 hours a day, 7 days a week. gone through and decided what ought that is a sea change, because what that They pull up the site of the airline that to be included in that insurance plan, means then is that patients can vote they want to utilize, or they can go to in that package, and what you can be with their feet. If they do not like what something like Travelocity and it will treated for and where you are treated one insurance company is doing be- pick the different airlines for you. and by whom you are treated and how cause they own the policy, they can You plunk in the starting city where are you treated, often times. change to another insurance company. you are going to leave from; you plunk What diseases are covered, what dis- And if they do not like what that com- in the designation city. It will send eases are not covered. Somebody else pany is doing, they can change to an- back to you, in a matter of seconds, has decided all of those. That is a de- other. It also makes it easy so that seconds, what kind of flights there are, fined benefit. There is a defined pack- when the patient gets on the phone how much it costs, whether there is a age of benefits that are provided to the with the insurance company, the insur- seat, and then you can purchase your patient. This is true for individuals re- ance company has to be responsive to ticket right there. ceiving their health care through Medi- the patient. Why? Because the patient And you can, within 24 hours of your care and Medicaid. It is also true for has power. The patient has control and travel date, you can sit at your home most employer-provided health insur- ownership of the insurance policy. It computer or at your office and print ance. changes the whole dynamic for health out your boarding pass. The efficiency Someone else, the human resources care. of that, if you think about it, is mind- officer or someone in the company is It will not change anything over- boggling. It is incredible. deciding what ought to be covered in night; but over a period of time, what You as an individual are interacting terms of health care. And what that it will do, if we are bold enough to with the entity that can provide a serv- does is remove the patient from that transform health care in this way, it ice that allows you to do what it is you decision-making process. It also sets up will allow patients to have the power want to do in terms of travel. a system whereby the patient, if the over the kind of insurance policy that Now, why is it that in health care we patient is frustrated, oftentimes that is they have. do not have any of those things? We do the case. Now, this Center for Health Trans- not have any of those things. Think I heard a statistic the other day that formation is really doing some incred- about what happens when you go to I found fascinating. Four percent of the ible, incredible work. And what they your doctor. What happens is that you public is accessing the health care sys- have done, I think in a very succinct walk in the door, and what are you met tem at any point in time. Four percent and appropriate way, is to identify with? of the population is accessing the kind of the principles of our current

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23301 system of health care, and compare tem is dysfocused, instead of being fo- gets one. So you make it so that that them to what a 21st-century health cused on prevention and on health. 3 weeks is not lost for the minimal per- care system would be. The current system as we talked centage of individuals who have a sig- And I would like to just touch on a about is paper-based instead of uti- nificant problem. few of these. The current system is pro- lizing the technology that is available b 1500 vider-centered, or I would say more today. The current system is a third- correctly, it is insurance- or govern- party controlled market, and that is a The legal system is just phenomenal ment-centered. Remember that the pa- fancy way to say that the patient is as it relates to health care, and it tient is outside of the control process, out of the loop. drives this practice of defensive medi- outside of the power process for this. Remember, the Federal Government cine to an incredible degree. Overall cost increases. We have not The system is price-driven. or the State government or the em- seen the kind of savings in health care What that means is that it is more ployer, by and large, is making deci- we ought to see. You remember the interested in the bottom line than it is sions about what kind of health care is graph that showed the increase in per- interested in quality, or, said another being provided, not the patient. The cent of GDP that we are spending on way, it is more interested in money process is focused on government. As I health care? It was 6 percent in 1965. than it is in patients. And that ought mentioned, it is the government that is Now it is 13 percent, soon to go to 17 not be a system that we tolerate. That making these decisions has limited percent. We have not seen any of the ought not be a system that we tolerate. choices. savings in health care that we have Medicare is a classic example. Re- You know this, Members of the seen throughout all other sectors of member, I mentioned that Medicare is House and all of our citizens know this, our society. important to talk about as it relates to that often times if you get sick, what What is a 21st-century system? It is health care, because so much of our en- is the first thing you do if you have not centered on the patient. It is values- tire health care system, even in the been to a doctor in a while? Well, you driven, knowledge-intense. It allows for private sector, is driven by the deci- do not do what you ought to do, what a free flow of information between phy- sions that are made in Medicare. Medi- you ought to be able to do, and that is sicians and other providers. It is care has a system that they com- find the highest quality physician you prevention- and health-focused. Elec- pensate or pay physicians and other can. tronically based. It gets away from providers with. It is called an RBRVS, You open up your book and see who that paper system that frankly results or a Resource Based Relative Value you can see. Someone else is making in more errors and more problems be- Scale, RBRVS. And what that means is that decision about who you can see. cause it is a paper system. that Washington, the Federal Govern- That is not a system that provides the The Center for Health Trans- ment, decides how much money it is greatest amount of choices appro- formation calls it a binary mediated going to spend on health care for sen- priately for patients. market. What does that mean? It iors. The current system is a predatory means that the patient is in charge, It decides what that pot of money is trial lawyer litigation system. The the patient and the provider are the going to be. And it may or may not lawsuit system, the lottery system of ones making decisions. bear any resemblance to the amount of the courts that we have as it relates to Outcomes focused on government. In- health care that needs to be provided, health care right now is driving up the creased choice. That is exactly what so that when patients go to their doc- cost of medicine. It is making it so needs to happen. The patient needs to tor, they may or may not be able to get that folks are receiving all sorts of be in charge. And a new system of at what they need because the deci- tests and the like that they frankly do health justice. All of these things sion-making is all based on cost; it is not need. would result in a significant decrease not based on need. It is not based on And the problem with this is not the in the cost of the health care and mak- quality of care. It is based on how malpractice insurance costs that doc- ing it so that the quality of care and much money we have. tors are having to pay, although that is quality of life is increased all across That is a model that is fraught with a minor portion. The bigger problem is the Nation for all, frankly, because of a problems and, frankly, fraught with ex- what is called defensive medicine. That transformation in our health care sys- treme difficulties for patients. So a means that your doctor, when you go tem. price-driven system just does not work. see your doctor, he or she often times So what we need is a new vision for It ought to be something completely is ordering a test or doing a procedure health care, one that has more choices, different. That has been defined by the or something in order to make it so more control by patients resulting in Center For Health Transformation as that they are less likely to be sued and higher quality and lower costs. And I values-driven. We will talk about that cover themselves, not necessarily be- look forward to working with so many in just a minute. cause you need them. And you say, of my colleagues in the House on both The current system is knowledge-dis- well, that is crazy. sides of the aisle who are interested in connected. There is not a good way to But it happens all of the time. I am positive solutions, productive solu- get knowledge between those folks pro- an orthopedic surgeon. When someone tions, making it so that those personal viding the care, slow diffusion of inno- comes into my office with back pain, decisions as they relate to health care vation. It takes years, literally, for a almost regardless of their complaint, if are able to be made by patients and in- new drug that is out to come on the I have not seen them before, every one dividuals. market, to get to the market. It takes of them gets an x-ray. Now, they get an Mr. Speaker, I am honored to be an average of 5 to 7 years, 5 to 7 years x-ray because if I did not do an x-ray joined now by one of my colleagues, from the time when a new procedure or and they went out of the office, and the gentleman from Nebraska (Mr. a new type of treatment for a specific they went to another physician and FORTENBERRY). We thank the gen- disease is described in the literature, in that individual took an x-ray and on tleman so much for coming, and I look the medical literature, to get to be that x-ray was found to be something forward to the gentleman’s comments used in the clinic or exam room or in astronomically wrong, then I could as they relate to health care. the operating room. Five to 7 years. have been sued for not picking that up Mr. FORTENBERRY. Mr. Speaker, I That means that the kind of health at that very first office visit. thank the gentleman for the oppor- care that we are receiving right now You say that is probably the right tunity to be here and participate in the individual who described the new thing to do. Well, 90 percent, 90 percent this important discussion of health innovation did so 5 to 7 years ago. That of individuals with back pain, standard care in our country. I thank the gen- is not a system that is responsive to back pain, will get well within a period tleman so much for his leadership patients. It is a system again that is of 3 weeks. They did not need an x-ray. today in coordinating this important not patient-oriented. The current sys- But everybody gets one. Everybody discussion.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23302 CONGRESSIONAL RECORD—HOUSE October 20, 2005 Mr. Speaker, I believe we have an im- on the issue of small business and model in which we are delivering portant opportunity today to both save health care costs. During this forum, health care make it more difficult for lives and save money. Health care is a we examined the increasing cost of them to be able to provide that. So I pervasive part of American society. As health insurance and possible solu- thank the gentleman for his perspec- we have heard, a major portion of our tions. The hearing emphasized one im- tive and for joining us today. Federal budget is devoted to health portant aspect, the underutilized tool Mr. Speaker, I want to take a very, care costs, and total health care ex- for small businesses known as health very short period of time and just close penditures are a significant portion of savings accounts, which were estab- by saying that the model that we cur- our gross domestic product. lished as a part of Medicare prescrip- rently deliver health care under in this The good news is people are living tion drug law. Nation is one that is not patient longer with better technology and bet- These tax preferred accounts, coupled friendly; it is not efficient; and it does ter drugs. That is excellent news. with high-deductible health insurance, not spend anybody’s money, be it tax America has one of the best health care help alleviate the ever-increasing cost money or personal money, wisely. systems in the world. Yet everyone of traditional health insurance pre- We need a new model, a new model knows, because everyone is affected, miums and empower families to take for health care. A transformation of that rising health care costs are a better control over their own health our health care system is what is need- growing challenge to families, to busi- care dollars. ed: more choices, more control by pa- nesses, and to the government. We need While the number of individuals tients, higher quality and lower costs. to look at this system, and I believe using these accounts is increasing, I What that does is make it so that we that simple new approaches can make believe we need to do more to give would have better care, more patients a huge difference, as the gentleman has small business owners and entre- in power, and more responsibility and pointed out. preneurs the ability to take advantage opportunity for patients to receive the It is estimated that improvements in of this very important policy innova- kind of care that they so richly de- health information technology, quality tion. In fact, of the new policies, 37 per- serve. patient management and wellness pro- cent were taken out by individuals who Again, I would like to say that I look grams themselves promise to save up were previously uninsured, and 27 per- forward to working with Members on to 20 to 40 percent of costs. Personal cent were taken out by employers who both sides of the aisle who want to ownership of health care decisions may previously did not offer health care in- work positively and productively to minimize the wasteful overutilization surance to their employees. bring about a system of health care in of services. Incentives to medical pro- Now, one concern regarding health our Nation that allows patients, that viders, as well, to better target expen- savings accounts is the initial funding. allows patients to be the ones making sive and excessive testing are all areas I have introduced legislation that will decisions that give the highest quality that we need to aggressively explore in allow individuals to roll over portions of health care that they need and that order to appropriately use our public of their retirement accounts into they deserve. and private health dollars. health savings accounts. This rollover f Mr. Speaker, today I wish to focus on would not subject the retirement ac- one aspect of how the rising cost of count to the usual 10 percent penalty WORKING-CLASS FAMILIES health insurance prevents entrepre- for early distribution. Moreover, all in- BETRAYED neurial individuals from pursuing good dividuals with retirement accounts The SPEAKER pro tempore (Mr. opportunities. I think we must take would be eligible to take advantage of GOHMERT). Under the Speaker’s an- the opportunity to think creatively, to this opportunity. nounced policy of January 4, 2005, the update outdated approaches, and put I believe this will help meet impor- gentleman from New York (Mr. OWENS) consumers and families in charge. I tant public policy objectives of increas- is recognized for 60 minutes. have a keen interest in reducing bar- ing access to health care coverage and Mr. OWENS. Mr. Speaker, I would riers for small entrepreneurs. The vast overcoming a major barrier that small like to talk about the betrayal of majority of new jobs in our country are businesses face. working-class families and the people created by small business. This is HSAs, as they are known, are just on the bottom who need the safety net where most people are working hard to one of the many simple new approaches most. In this year of disaster, in this get a little ahead in life and secure that can make a huge difference in our time of disaster, the people who need their own long-term economic well- health care system by providing posi- the help the most and who are the being. tive incentives for those who use the weakest in our society have been be- I have seen how the lack of available system. trayed by the leadership. health insurance and rising health care Again, I would like to thank the gen- Involved in this matter is the recent costs decreases productivity and dis- tleman from Georgia (Mr. PRICE) for set of decisions made by the President torts social and economic decisions. undertaking this important discussion to suspend Davis-Bacon in Louisiana For instance, in my district it is not about health care and health care costs where on the gulf coast we have a tre- unusual for a spouse in a farm family in our country; and I look forward to mendous amount of construction work to drive very long distances to have a continuing our dialogue about innova- going on, opportunities for jobs to be job simply for health care coverage. tive approaches to both save lives and created for those people who have been The rising cost of providing health care save money. thrown out of work and have no in- coverage for employees is a growing Mr. PRICE of Georgia. I thank my come, no homes, no reasonable future. obstacle for small business owners or good friend from Nebraska for joining It is an opportunity for them to be em- those who may wish to join their us today. I want to thank him for ployed. And yet interference by the ranks. pointing out health savings accounts White House has cut the wages there It is not surprising that only 63 per- and also the incredible importance of by suspending Davis-Bacon. And I will cent of smaller companies can afford to this discussion to small business. explain more about Davis-Bacon in a offer health care insurance. This is a When I go back to the district and I few minutes. primary reason why three out of five visit businesses all across the district, They have also suspended any Fed- uninsured persons in our Nation are one of the things that they say, What- eral regulations on affirmative action. small business owners, their employees ever you do up there in Washington, And that, of course, will hit hard be- or their families. please, please, make it so that we can cause evacuees, the people who had to Recently, the Committee on Small afford to provide health insurance for leave New Orleans and who are expect- Business held a field hearing in my dis- our employees. ing to come back, 60 percent of them trict. It was an extraordinary turnout. So many of the things that we are were African Americans; and their op- One of the reasons was because it was doing right now as it relates to the portunities to get those jobs that are

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23303 going to be created in the process of re- calling for national health insurance note that on today’s front page of The building the reconstruction are less- that covers everybody, everybody in, New York Times, today, Thursday, Oc- ened by the fact that the contractors nobody out, as the best way to solve tober 20, there is an article which talks are not required to follow Federal regu- the crisis of the uninsured. In an Octo- about, and the gentleman mentioned lations and affirmative action. ber 17 New York time op-ed, which patching up, we should no longer try to Those are just two of the things I highlighted the plight of uninsured patch up the system. There is an arti- would like to discuss. There is a broad- workers in America, that article point- cle which says that Jeb Bush, the er range of issues related to leadership, ed out that 9,000 Wal-Mart workers President’s brother, who is the Gov- competency in leadership, preparedness needed public insurance in Wisconsin ernor of Florida, has been given a waiv- in terms of the huge amount of money alone. And the op-ed concluded with er to revamp the Florida health care we have invested in our armed services the notion that the problem of unin- system, the Medicaid system. and our military apparatus and why we sured cries out for a Federal solution The essence of what Jeb Bush is pro- cannot have the dual preparation of and that Washington lawmakers have posing is that they will establish a cer- the same body of people who are pre- done nothing to solve the larger prob- tain amount of money to be spent on pared to fight wars also be trained to lem, the crying need for national each Medicaid patient, and when that take care of natural disasters of any health insurance. runs out, that is it. They die. By impli- kind. Polls reveal that the majority of the cation, they will spend that amount of However, before I commence to dis- American people support the concept of money on the health care of that per- cuss this betrayal of the people on the universal health care. The majority of son and when that amount of money bottom, people from working families American people support universal runs out, then they are on their own. by our leadership, I would like to yield health care, yet we have failed to pass And if it is some procedure, of course, to the gentleman from Detroit, Michi- health care legislation. According to a which they cannot afford, they would gan (Mr. CONYERS), who has a set of recent Kaiser Foundation poll, 64 per- have died. items that he would like to discuss on Would the gentleman care to com- his own. cent of Americans favor expanding Medicare to all Americans. A Pew Re- ment on that? Mr. CONYERS. Mr. Speaker, I want Mr. CONYERS. Well, it is this cold- to thank the gentleman from New search Center for the People and the Press survey was conducted by Prince- blooded bottom-line economic business York (Mr. OWENS) for his discussion, a approach to health care that makes us ton Survey Research Associates on very important one that I am very rank number 37 among the nations in July 14 through August 5 of 2003 na- pleased to associate myself with. the world when they examine how this tionwide. And cities across the coun- I rise to use this part of the Special health care is being delivered. The fact try, Boston, Pittsburgh, New York, and Order to discuss the health care crisis of the matter is that you cannot ration Detroit, have sponsored universal in America, the uninsured, and the health care if you want a strong na- health care hearings where hundreds of need for universal health care. It tion. strikes me as unacceptable that Amer- citizens are demanding from their If you really need to go to the doctor, ica remains the only country among Members of Congress that they fight if you really need treatment now be- the developed nations that still does for passage of universal health care fore it becomes worse or uncorrectable not have a universal health care sys- legislation because they are tired of or fatal, as the gentleman suggests, we tem. It is time for this body, the Con- the high cost of private health insur- cannot send out an arbitrary amount of gress, to pass a universal health care ance, and being uninsured, sick, or money because we are doing other bill now. broke due to our profit health care sys- things in the world or we are building The biggest problem in this country tem is no longer something that they new weapons of mass destruction or we is that our health care is run like a can deal with. are doing anything else. We have to business; and the profits of private So on behalf of the 49 other Members have a health insurance system that is health insurance companies, health of the House of Representatives, the flexible to the needs of the people. maintenance organizations, and phar- gentleman from New York included, I And one of the first things that we maceutical companies are more impor- am proud to say, we are happy to pro- would come to, I say to the gentleman, tant than whether or not working fam- pose and set forth for examination and is that we are catching up to people ilies and senior citizens and small busi- discussion House Resolution 676 that who have needed ample health care for nesses in this country and their em- supports the idea and how we get to a a long time. One of the great things ployees have access to affordable and national universal health insurance about health insurance, at least our high-quality health care. that allows everyone to be covered no So I rise to discuss this serious program, is that health insurance matter where they are from, no matter would be working in a preventive health care crisis and the fact that it what their illness. We want to put an can no longer be ignored. It is my be- mode; that when you get sick and get end to a system which really is so well, you will then be treated and you lief that the time has come now for threadbare that we cannot fix it up any bold and decisive leadership by the will come back for annual checkups more. There is no more mending that Congress to address the growing crisis and you will actually reduce the cost of we can do. There are no more ways we of the uninsured, the skyrocketing providing the American citizens with can patch it up. costs of private health insurance which health care. We have now come to the point in is hurting working families, and non- So it is incredibly important that time where not only the people but a working families all over this country. this debate start here and now. And I How many more horror stories must number of our friends in the labor have been told that other Members of we read in the newspapers across the movement are supporting universal the Congress were talking about this country, day after day, that painfully health care. Twelve international labor subject today, so I will be anxiously re- describe the plight of the uninsured unions and individual local unions viewing their comments so that we can and the underinsured before we act to across the country now support single- continue a broad discussion of this pass universal health care legislation payer universal health insurance. This matter. that guarantees once and for all that includes the United Automobile Work- Right now there are 45.8 million peo- all of us, all Americans, regardless of ers, the American Federation of State, ple with no insurance. They are not income, employment, regional demo- County and Municipal Employees, the underinsured, they have none whatso- graphics, or race have access to the United Steelworkers of America, Serv- ever. And then there are any number of highest quality health care possible. ice Employees International Union, million who have insurance but they SCIU, and the National Education As- are underinsured. They do not know b 1515 sociation. that what they may go to see their Recently, in The New York Times, Mr. OWENS. Mr. Speaker, if the gen- doctor about is not covered in their op-ed writers are reminding us and tleman will yield, I would just like to plan until they find out the hard way.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23304 CONGRESSIONAL RECORD—HOUSE October 20, 2005 So I want everyone in our body to see it. When a set of leaders and a Na- with that and let Americans across the know that this is the beginning of a tion decides that people are expend- country have the lights turned off at discussion that I am prepared to deal able, that they are not worth it any- the next basketball game and just sit with on every issue, every aspect, be- more, they are not important, you can there. Of course, they would know cause we want to make it clear that lead to that kind of cruel and inhuman there is no flood outside, that nature is this is not just something for some neglect. not running wild, but that you are just group of people. This is going to benefit Too much of that mindset of cruel in the dark. You are in the dark with our economy. Goodness knows General and inhuman neglect permeates the strangers for 2 or 3 minutes. Now try to Motors and Ford and Daimler Chrysler present administration. It manifests project that on spending two or three in Detroit all are struggling with the itself in so many different ways. Not nights in the dark like that. legacy costs that they have to carry that it is only this administration. Those people, the fact they did not because we have an employer-based There are other parts of the world lose their minds shows that they were system. And many of our automotive where you have cruel and inhuman quite strong and deserve to be awarded competitors have national health in- treatment by leaders also. Pakistan medals and not be looked upon as some surance systems, so they do not have now has a serious problem with an people have chosen now already to look to carry those additional costs. earthquake. And I am going to try to upon them; that they are now prob- So this is the beginning of a discus- limit my remarks because I want to go lems; that they are unworthy; that sion that we will welcome as many as to a meeting with the ambassador from they should have known how to get out would join in as we sort these issues Pakistan to talk about what we can do of the city and out of the flood on their out and move toward the time when to help deal with the suffering that is own. America will enjoy a universal health going on there. But one of their big b 1530 coverage system that cares for every- worries in Pakistan, the worries of or- They are now a burden on the govern- body in this country, from shore to dinary people, is that their leaders are ment because they have nowhere to go. shore. And I want to thank the gen- so corrupt that they will never get the They have been housed in shelters, and tleman for participating in this discus- money that is being donated. It will now we need to find trailers and shelter sion, and I yield back to him. not be used properly. They will never for them. Mr. OWENS. I thank the gentleman buy the medicines or buy the cots and Our leaders let them down because and would like to say that the remarks the equipment. Large parts of it will be the flood should never have happened I am going to continue making are drained off. in New Orleans. The flood was not a very much in concert with the general The great fear there is corruption. natural disaster. The hurricane was theme of what the gentleman has said. And, of course, Third World countries, over when the levees broke. The fact Every American, every human being, developing countries have a major that those levees had not been taken certainly every American citizen de- problem with corruption. We talk care of is just one more example of how serves to have the entire society in- about it here in the United States all the leadership of this Nation, people on volved and engaged in trying to guar- the time. We talk about denying the the top, are corrupted where they do antee that they get the best health World Bank resources to certain na- not deal with problems as they should, care possible. There can be no second tions because of the fact that they and therefore they make the people on class, bargain basement health care. have corrupt governments, corrupt the bottom suffer unnecessarily. Our leaders have failed us by making leaders. But the corruption goes on As I have said on several occasions, us believe that it is impossible, and here also. In Katrina we have a graphic the Netherlands, the Dutch, are a these proposals that are being made example of how that corruption can be whole nation below sea level. As a na- today on the front page of The New cruel and inhuman and get out of hand. tion, they have been contending with York Times about Jeb Bush in the Just two quick actions by the White the same problem New Orleans has. State of Florida are just beginning, but House show the point that I am trying They know how to hold the sea back; Kentucky is in line and a couple of to drive home. They failed to properly they know how to manage floods. They other States want to do the same provide for the people of New Orleans, know how to deal with water. They thing, which is to put a price on health and large numbers have suffered need- have never been called upon to revamp care. You get $1,000 a year for your lessly. Large numbers have died need- the levees and deal with the situation medication, for your examination, or lessly. Large numbers were trapped in in New Orleans. for whatever, and after that you are on a situation which was quite inhuman. It would have been easy to get that your own. Now, the $1,000 is hypo- They were in a dome, a huge dome, a kind of expertise. If you cared about thetical. They do not quote a figure. sports dome with 20,000, 30,000 people. the people of Louisiana, they could But they are saying there should be a Imagine being in a convention center, a have solved the problem. The tech- figure for each individual, and after huge convention center and to have the nology and the know-how is there. you run out of money in your account lights out for two or three nights. Re- They had scenarios in New Orleans you are on your own, that the State member, it is summertime and it is which showed that terrible things will only go so far and that is it. smoldering in the heat, plus the dark- would happen if the problem was not I think that is cruel and unnecessary. ness. The fact that those people did not taken care of. Nevertheless, our leader- We are the richest Nation that ever ex- go mad, that more of them just did not ship refused to appropriate the money. isted in the history of the world. If go out of their minds is a miracle unto Our leadership refused to allow the en- Canada, Germany, Spain, France, and itself. They all deserve to be awarded gineers to deal with the problem or all kinds of nations can have a decent medals as heroes. Anybody who could come up with people competent to deal health care system with a volume of come out of there and just keep their with it. Or they could have called upon income much less than that of the sanity deserves to be saluted as a hero. the Netherlands to provide experts. United States, we certainly can afford And if you doubt that, why not exper- That is one solution. We lean on other to provide health care for every indi- iment at the next basketball game we nations when we need their technology vidual. go to. Ask the managers and those in in other areas, so why not call upon the The attitude regarding people on the charge of the arena to turn off the people of the Netherlands to help New bottom is what I am talking about. lights for 2 or 3 minutes and have a mo- Orleans protect itself from the sea. The attitude about the folks left in ment of silence to meditate on what it But getting back to the most out- New Orleans to float and drown in the would feel like if you were in the dark rageous actions by the White House, water, that attitude, and I know some with people you do not know, in large once we have gone through the problem people are saying we are beating that numbers, for a whole night, say for of failing to protect the people of New to death and let us get off of it, but it three or four nights. What would it feel Orleans from the flood, failing to pro- is so symbolic. It was visual. You could like? I think we ought to experiment tect a large portion of the population

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23305 from unnecessary suffering and in some less than they do in the average situa- folks, their income and protection for cases death, senior citizens dying in tion across the country. them, the provision of decent wages for large numbers in hospitals and nursing You find them among illegal immi- them was of no concern. homes, we have all heard the litany of grants; you find them among people Now the prevailing wages in the Hur- personal disasters and family disasters who must have a job and cannot com- ricane Katrina-affected regions are that were suffered as a result of our plain if the working and safety condi- lower than ever before. They were failed leadership. tions are bad. You find them among never that high by national standards. The Congress of the United States people who are frightened, can be Under Davis-Bacon, a pipe layer in Mis- appropriates. It stands up and shows it pushed around, not paid when they are sissippi would earn $7.45 an hour. I can- is up to the task. It does not hesitate. supposed to be paid, and jilted out of not imagine, given what a pipe layer It appropriates $60 billion to deal with part of their paycheck. People who will earns in New York City, how you could the problem right away. We are into re- never have any vacation leave or fringe find anybody to do that job for $7.45. A moving the rubbish, cleaning up the benefits, any health care. That is what pipe layer in Alabama would earn $8.21 problem of the floods, providing the the contractors will find once Davis- an hour. A pipe layer in Louisiana necessary temporary shelters, and pre- Bacon is removed, you do not have to would earn $9.84. All of those are very paring to reconstruct. All of that will pay prevailing wages; you can go under low wages for those jobs if you know require money and we are spending the that scale and get the cheapest people anything about plumbing and the high money. It requires the money to be uti- and make the biggest possible profit off cost of it across the Nation. lized to hire contractors. We have hired the misery of people who suffered in Such wage rates are hardly earth- the contractors. The private sector will this natural disaster. shattering by anyone’s standards; but make some profits. That is the way it President Bush and key cabinet under the Bush plan, skilled workers, is in capitalism. We do not want to see members were all excruciatingly slow many of whom lost their homes and all their belongings in Hurricane Katrina, anybody gouging and making unneces- in responding to Hurricane Katrina and will only be paid the Federal minimum sary profits, but they probably will. its devastating effects. The televised wage of $5.15 an hour. We hope that That is a fact of the way the world op- images of thousands of African Ameri- they will be paid the Federal minimum erates. cans marooned without food or water In the meantime, work that has to be in the New Orleans Convention Center wage, because as I said before, the only done, that work should be done by the and Superdome shocked the world, yet workers that you are going to get to work for such low salaries are usually people who need to earn an income re- the President was slow to return to illegal immigrants, people who cannot building the place destroyed because of Washington, D.C. and was slow to re- fight back, who cannot report you the failure of our leadership. But they spond to take charge in response to the when you fail to live up to the require- get right away a terrible blow from the disaster. ments of the wage and hour act, and White House. Right away the White The one fast action taken by Presi- who are at your mercy. That is the pat- House acts with great speed, and we dent Bush was when he moved to sus- tern where we are finding large num- know there was no great speed with re- pend Davis-Bacon. In other words, the bers of illegal immigrants are being spect to meeting the rescue needs of President acted as speedily as possible used. the people of New Orleans; but in the to cut workers’ wages on all federally The question of illegal immigrants is process of granting contracts and be- funded recovery and reconstruction certainly one that I do not want to be ginning the cleanup and the restora- projects throughout the gulf coast recorded as being backwards and not tion, the White House orders that States. The President himself said in sympathetic on. I favor what was pro- Davis-Bacon should be suspended. New Orleans that rebuilding the city of posed by the AFL–CIO last year. Let us Davis-Bacon is a regulation in exist- New Orleans alone will constitute the look at all of the immigrants who are ence since 1933, which requires when- biggest reconstruction project in the in the country now who are undocu- ever Federal money is utilized in any history of the Nation. It will cost many mented and who have been here for a project, that project must pay wages to billions of dollars. Congress has al- while, who pay their taxes and are the people who are carrying out that ready appropriated some $60 billion to- working, and through an amnesty cre- task, pay wages which are consistent wards this end. ate a situation where they may begin with the wages of that area. And in the corrupt tradition ex- the process of becoming citizens. They If you are in New Orleans, whatever ploited by the Bush administration al- can then begin the process to become they used to pay plumbers in New Orle- ready in the Iraq war, the President citizens. They can join unions or asso- ans, pay the plumber that amount. then proceeded to no-bid and cost-plus ciations. Or if they want to stand as an Whatever they pay the electricians, the contracts for billions of dollars, and individual, they know they have rights bricklayers, in the process of cleaning they have been granted to a favorite and cannot be intimidated or cowed by up and restoring, they should pay the set of contractors, which includes Vice an employer. They will help to raise same wages. President CHENEY’s former employer, the standards by working for decent Having looked at the amounts, they Halliburton, and its branch subsidi- wages, wages consistent with the cost were not high at all compared to aver- aries such as Kellogg, Brown & Root. of living in this country. age wages across the country. Elec- Halliburton has not been told to watch I do not like the exploitation of ille- tricians, bricklayers, plumbers, every- its spending carefully or restrain its gal immigrants. I do not blame the il- body in New Orleans is at the lower end profiteering because in a cost-plus con- legal immigrants for being exploited, of the scale in terms of prevailing tract, it is designed to give the con- and we can get out of this situation wages. The average wage for most peo- tractor every leeway and maximizes and allow them the opportunity to ple in construction jobs is higher in the opportunities for making extraor- work without being exploited if we will rest of the country than it is in the dinary profits. act on amnesty as soon as possible. southern part of the country and in But the Bush administration, hiding As we have discussed at length on New Orleans. behind a fig leaf, asserts they had to this side of the aisle, certainly with So why the President rushed to re- suspend Davis-Bacon, which provides a Democrats’ policies, the Federal min- move Davis-Bacon cannot be explained modicum of protection for workers on imum wage also at present will not rationally because they already had a these Federal projects. They said they allow anyone to climb out of poverty. situation where wages were very low. had to suspend it because it requires That $5.15 an hour, assuming that the But once you remove the requirement paperwork and that will cost the con- contractors will at least pay that and of Davis-Bacon, then contractors can tractor money and waste time. But the that they will not go below the na- pay less than prevailing wages. If the people on the bottom, the people clean- tional minimum wage, that Federal wages are low already, where are you ing up the rubbish and the hard car- wage will not allow anyone to climb going to find people who will work for riers and the bricklayers and those out of poverty.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23306 CONGRESSIONAL RECORD—HOUSE October 20, 2005 A person working full time year- the poorest parts in terms of buildings, over the entire United States and not round at the rate of $5.15 an hour will so they would have tenants in them ever likely to be back in their home merely earn $10,400 a year. If that is a who were very poor tenants. In many unless we have different policies by a parent with two children, he or she will cases in many cities, these people were different kind of leadership. earn $4,500 below the poverty line des- people who were minorities, and the I want to yield to the gentlewoman ignated for a family of four. This sus- process of removing them made great from California (Ms. WATSON) for her pension of Davis-Bacon protections, es- profits for the developers. If they got comments. pecially for those who have lost every- them out, the new buildings that they I want to point out, while she is tak- thing in the wake of Katrina, is an built would not be for them. It would ing the mike, that we had a massive utter disgrace. be for people with high incomes who earthquake in California during the The White House is not through with could afford the kind of higher priced Clinton administration. Nine billion the people on the bottom. They are not housing that was being built. dollars was appropriated by the Fed- through with working families. They Here we have a situation where an eral Government to rebuild the bridges decided to go further; and through the act of nature is the beginning of the and the highways that were destroyed Department of Labor, they also sus- process. I said the flood in New Orleans by that earthquake. The President did pended the affirmative action guide- was not caused by nature, by the hurri- not suspend Davis-Bacon. He did not lines. The affirmative action require- cane. It was caused by poor leadership suspend affirmative action, and the ments are quite simple. They do not which had not maintained the levees contractors completed that job 3 have much enforcement mechanism in and the dikes and the pumping sta- months ahead of time. We do not need terms of making employers or contrac- tions, and that is the problem there. to do those cruel things that have been tors hire a diverse group of workers. But, anyway, by that act we have had done by this administration in order to They do require that they report what massive removal of people and now guarantee that we are going to have efforts they make toward diversity. with the policies of this administration the most effective production. There are a few pieces of papers that suspending Davis-Bacon, suspending af- I yield to the gentlewoman from say in the process of hiring people, you firmative action, making it clear that California (Ms. WATSON). should take certain steps. But even people are not welcome back, we will Ms. WATSON. Mr. Speaker, I thank that, the Bush administration decided have permanent removal of a whole the gentleman from New York (Mr. that should be thrown overboard. And population. OWENS) for yielding to me. as I mentioned earlier, in the process of Unprecedented in the history of the Mr. Speaker, I would like to address doing that, large numbers of people Nation. Of about 400,000 people, at least the health care crisis in America that who lived in New Orleans, 60 percent of 200,000 of those people lived in the sec- relates to the presentation that the whom were African American, were de- tion that was heavily flooded. They gentleman from New York (Mr. OWENS) nied priority in seeking the jobs that will be there no more. It will change is giving now. would allow them to return and start the politics of New Orleans. It will The United States Census Bureau re- rebuilding their lives since they, as mi- change the culture of New Orleans. ports that in 2004, 45.8 million people norities, would have had to have some Some people say, well, Disney can were without health insurance cov- consideration made by the contractors; move in and they do not want to re- erage and several estimates double they would have a greater possibility build houses in the places that were that amount to include the under- of getting a job if they returned to New flooded before because there may be insured. Moreover, the percentage of Orleans and tried to work there. another flood, but if they built an people covered by employer-based in- amusement park and they built it high surance declined to 59.8 percent of the b 1545 up off the ground, it would not matter workforce. Shamefully, there are over 8 The message that was sent by that if it was flooded or not. And some folks million uninsured children in this affirmative action suspension was do said that is probably what is going to country who do not even have the op- not come home. Go somewhere else and happen, that Disney will come in and portunity for employer-based coverage. look for a job because you do not even try to take over. On the other hand, health insurance have the protection of the simple weak Well, Disney did not come in and try premiums have increased astronomi- affirmative action laws of the Federal to take over. The Mayor of New Orle- cally since the beginning of the Bush Government that we had before. It was ans announced that we have got to administration. According to Families a message that sets up a situation move our casinos off the river and USA, workers’ costs for health insur- which I hope is not true. Many of us, a move them inland. Where are they ance have risen by 36 percent since the lot of people, fear that we may have going to put the casinos? I guess they year 2000, far surpassing the miniscule what was called in the 1960s Negro re- were going put them in the same places 12.4 percent increase in earnings since moval on a massive scale and that New where the poor people lived before. It the President took office. In 2005 it is Orleans will never be the same. The would not be Disney, but it would be unbelievable that over 50 percent of in- black population, the African Amer- ‘‘casinoland.’’ sured Americans spent more than 10 ican population, will never be allowed So it is not exaggerating to talk percent of their income on health care. to return to New Orleans. They are about massive Negro removal, black Over 10 million insured Americans spread throughout the whole Nation removal, African American removal, spent more than 25 percent of their in- now in shelters. Most soon will be out massive removal of a population that come on health care. And embarrass- of shelters, but they will not be in one was considered undesirable in order to ingly, over 6 million Americans spent place anywhere. There are 2,500 in New give the marketplace the opportunity more than 33 percent of their income York City. I think another 2,500 are to really make tremendous profits. on health care. coming in to be put up in hotels and One can imagine how the ancient According to the World Health Orga- various places. There are some in Utah, Israelites felt when the Romans de- nization, the United States ranks 37th some in Idaho, lots in Texas. All over cided to do one of the most brutal and in the world in overall health care they are spread. They have been re- cruel things ever done. That is, they quality. Thirty-seventh. This adminis- moved. took the whole nation and moved them tration and this Congress must pay at- During the 1960s, there were accusa- out, spread them out over the world, tention to the health of our Nation in tions that the big developers, the peo- and there were 12 tribes. They broke it order to improve on the wealth of our ple who wanted to make a lot of money up into 12 tribes and moved them off Nation. And when we talk about home- in the middle of the cities would come their homeland, massive removal. We land security, we are not talking about in with plans to redevelop the city, and have something similar to that taking the land alone. We are talking about the oldest parts of the city, although place in New Orleans. A whole mass of the people who live in this land. Rising they were centrally located, would be people is now in a situation spread out health care costs are forcing American

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23307 businesses to lose their competitive they are not prepared for this. Another House leadership that seems to per- edge and to consider relocating over- big problem, of course, is the rest of secute those at the bottom at a time seas. It is time for Congress to pass the world, nations like the United like this. Or, as this particular paper universal health care legislation now. States of America, should rally to their which is called: Lessons for Post American humanitarian outreach defense and provide faster and more Katrina Reconstruction, A high-road dictates that we consider health care aid. versus a low-road recovery, this paper programs around the world. According But disasters, natural disasters, are talks about what happened in Cali- to the Institute of Medicine, 18,000 not quite as frequent in most years as fornia at the time of the Northridge Americans die each year because of they are this year. We have another earthquake. It is written by Peter Phil- being uninsured. America is the only hurricane on the Florida coast right ips and was published by the Economic country among developed nations that now. They seem to have gotten sud- Policy Institute. still does not have universal health denly stronger, the hurricanes and Foremost among those lessons is care. storms, earthquakes, tsunamis. This that competitive bidding and enforce- In a related matter, minority groups has been a very disastrous year. As I ment of labor standards such as the often encounter major obstacles in ob- said previously on this floor, these dis- Davis-Bacon prevailing wage law can taining health care. Minority groups asters are not so great that we do not help ensure that work is done expedi- are less likely to have health insurance have the capacity to deal with them as tiously, safely, cost effectively, and and are less likely to receive appro- the world. Certainly this Nation could with maximum benefit to the local priate health care services. In the year do so much more to help. If they really population. That is one of the lessons 2004, the uninsured rate was 19.7 per- care about the people who are suf- that this study points out that we cent for African Americans, 32.7 per- fering, if our leadership really cared, learned at the time of that huge earth- cent for Hispanics, and 11.3 percent for these disasters can be handled rapidly quake in California. non-Hispanic whites. with minimum loss of life. We have $500 President Bill Clinton refused to sus- The ‘‘Healthcare Equality and Ac- billion we spend on our military appa- pend the Davis-Bacon Act in 1994, yet countability Act of 2005’’ would go far ratus. That is without adding the extra the Los Angeles highways were rebuilt in lifting the shadow of health dispari- money to fight the war in Iraq. A mili- at lightning speed. In particular, the ties that fall not only on minority tary of that size should be capable of Santa Monica Freeway was rebuilt in communities but on all Americans. dealing with disasters of any kind as only 66 days, less than half the time H.R. 3561, sponsored by the gentleman well as fighting wars. The same is true that had been stipulated by the State from California (Mr. HONDA), would of the army in Pakistan. of California. make quality health care more afford- One of the things that some Paki- The need to rebuild quickly is no ex- able, providing coverage for parents stani citizens were complaining about cuse for suspending the Davis-Bacon and young adults who are currently un- was that army people arrived and were Act or affirmative action requirements insured. standing around doing nothing and, as President Bush has done. The les- Mr. Speaker, I urge my colleagues on when they were questioned about why sons we have already learned are not both sides of the aisle to act in a re- do they not help more, they said, We being applied by this White House re- sponsible way, to look seriously at are waiting for our orders. They need gime, because this White House regime health care reform, and we must, for specific orders how to help out in a dis- governs for a few and cares very little our own prosperity, insure all Ameri- aster. They have been trained to aim, about those on the very bottom. The cans and ensure quality health care for ready, fire, shoot and kill. Why can all few at the top are the preoccupation of all of us. the armies in the world not be trained the present administration, and that Mr. OWENS. Mr. Speaker, reclaiming to take care of these natural disasters leads to great cruel and inhuman treat- my time, I thank the gentlewoman as well as to provide defense for na- ment to the people at the bottom. from California for her comments. tions? Why can we not have leadership We had a resolution that we proposed The broad, overarching message which ahead of time assumes that it is in the House Education and Workforce today is the betrayal. We are pro- going to be our responsibility? It is the Committee this morning. It was a reso- testing the betrayal of working fami- duty of a government, the duty of lead- lution requesting that the President lies and poor people on the bottom by ership, to take care of people in times transmit to the House of Representa- our leadership, and the health care cri- of natural disasters. And our govern- tives information in his possession re- sis that was cited by the gentleman ment apparatus in its entirety, includ- lating to contracts for services or con- from Michigan (Mr. CONYERS) and the ing the military, should be available to struction relating to Hurricane gentlewoman from California (Ms. do that. Katrina recovery that relate to wages WATSON) is part of that whole process. Certainly, that did not happen in and benefits to be paid to workers. We I want to thank the gentleman from New Orleans, and we are very much want the President to explain why he Michigan (Mr. CONYERS) for sharing aware of what the consequences can be suspended Davis-Bacon. One of the ex- this Special Order that he had reserved when we have this huge rich nation planations that was given by people in for a discussion of health care with me with all of these possibilities and all the committee who supported the in making the broader case that work- the material and personnel available President was that it had been sus- ing families, people on the bottom, are but we have no leadership at the top pended before by other Presidents. being betrayed. that can do the job. Our leadership let President Roosevelt once suspended, I At this very moment, as I said be- us down. think it was for about 30 days that fore, there is a meeting of the Paki- The gentlewoman from California, I President Roosevelt suspended it on stani Caucus of the House of Rep- said before she spoke, is from a State the conditions which are very different. resentatives to discuss the disaster in which suffered a huge earthquake a lit- We are requesting that the President Pakistan, the earthquake there which tle more than 10 years ago, in 1994. The transmit to the House this informa- killed more than 40,000 people already Northridge earthquake in Los Angeles tion. And of course we had a lengthy and millions have been left homeless, caused a tremendous amount of dam- discussion in the committee, and then and they are homeless in the moun- age. Congress appropriated money, and the majority Republicans took a vote tainous region where the snow and the as I said before, there are some lessons that they would report it to the House ice is now beginning; so millions will to be learned from what happened in only with a recommendation that the die as a result of not having the equip- that disaster. House consider it unfavorably, and ment and the materials that they need they voted to do that. So the report as fast as possible. b 1600 comes to the House with a rec- One of the big fears there is that I am talking about a government in ommendation that the majority, the their leadership has let them down and power, a regime in power, a White Republican majority, the President’s

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23308 CONGRESSIONAL RECORD—HOUSE October 20, 2005 party considers the request that he One of the side products of this proc- cares about working families, leader- provide information to Congress about ess is that experience has shown and ship that cares about the people at the why he suspended Davis-Bacon, they several studies have shown that when bottom. Disasters come as a result of a consider that report, that request to be you do not use Davis-Bacon you get plan by God that none of us may under- a nuisance request. workers who are less skilled, you get stand, and we should not trying to It is most unfortunate that we can- workers who care less about what they spend time trying to figure out what not have information, simple informa- are doing, and you get an inferior prod- God is doing. What we should do is do tion provided to the Members of Con- uct. Buildings have collapsed that have what man does best, and that is have gress. After all, we are all elected been built by workers who were not the most competent and most caring under the same conditions and we come workers who were Davis-Bacon workers and compassionate people that we can here. We want to do a job for our con- because they were not the usual work- in the leadership to take care of the stituency. Why can we not at least ers that did that kind of construction needs of the people who are suffering have information? in that locale. Buildings have collapsed on the bottom. We gather information from other and all kinds of projects have suffered f sources. Immigrant workers exploited as a result of shoddy work done by peo- IMMIGRATION in the gulf coast are talking to news- ple who were being exploited by the papers. I have a report here which says contractors. The SPEAKER pro tempore (Mr. that Gulfport, Mississippi you had a re- We would like to see not only Davis- BOUSTANY). Under the Speaker’s an- port from several immigrant workers Bacon, the President should restore nounced policy of January 4, 2005, the that, first, of all, you have 32 immi- Davis-Bacon requirements so that we Chair recognizes the gentleman from grants housed in three mobile homes have prevailing wages throughout the Texas (Mr. POE) for 60 minutes. and they were being paid $8 an hour to gulf coast region. We would also like to Mr. POE. Mr. Speaker, as a former tear sheet rock for 10 hours a day. They see that the President say that: Look, judge and prosecutor in Texas, I spent were among hundreds of illegal immi- even when you have Davis-Bacon, you most of my life enforcing the law. I grants who entered the United States have low wages which are very difficult know firsthand the cost of having laws hoping to find work in the aftermath of for people to live on, and beyond that on the books that are not enforced. To the hurricane. One of the big com- you have a minimum wage which is the make law, whether it is on the State plaints that they have is that they Federal Government’s minimum wage level or the Federal level, and then were promised $8 an hour, but they which is also almost impossible for wink and ignore those who break the were not paid. They were not paid on people to live on. law is to live a lie. A government that time. And they were not paid in some So along with restoring Davis-Bacon, tolerates law breaking surrenders its cases at all, and other conditions in along with restoring affirmative action integrity, it surrenders its credibility, terms of they were told that they regulations, we would like to see the and it surrenders its self-respect. And would get food and shelter but the food President allow us and encourage his right now, Mr. Speaker, America’s im- is quite sparse and, as I said before, party to let us bring to the floor of the migration laws are not working. They shelter means they are putting 32 im- House the proposal that we have to in- are not even enforced. migrants in three mobile homes in one crease the minimum wage. We want to We must secure the borders and re- case. And on and on it goes with re- increase the minimum wage as a way duce the number of people residing in spect to the kinds of conditions that of demonstrating to the people who are the Nation illegally. And, of course, contractors are taking advantage of in on the bottom, to the working families amnesty is not the answer to this. the gulf coast reconstruction. of America that they have a leadership Those people here illegally have vio- Many of the same contractors in the that cares about them. This leadership lated the law, and giving them am- gulf coast reconstruction are also the does not hesitate to demand that the nesty is rewarding them for breaking American contractors who operate in sons and daughters of working families the law. As a judge for 22 years, I never Iraq. In Iraq, they found that they leave their last full measure of devo- once gave a person amnesty because could make high profits on the no-bid tion on the battlefields in Afghanistan, they got away with breaking the law contracts, billions of dollars have been in Iraq, or wherever else they may be for a long time. Those who have broken spent that we cannot even tell where it needed. our laws must find themselves penal- went. There is a $9 billion question Next, we demand that they do that, ized, not rewarded, for the disregard for around money that was appropriated to and they are doing that, and yet we do the rule of law. reconstruct, and nobody is even asking not want to give them a piece of our Mr. Speaker, we have anywhere be- questions in this administration about prosperity in our economy, not even tween 11 and 14 million people here in where the money went. We know it is $5.15 an hour worth. the United States that are here ille- missing, but nobody wants to deal with Despite huge improvements in the gally, and we cannot reward them for a hearing or an investigation to tell us average educational level of our work- breaking the law. Many of them are exactly where that money went. So force, most American workers today here because several years ago this they certainly have made a lot of still do not have jobs that pay decent country adopted a plan, a plan that has money in Iraq, but even with the tre- wages and provide health care as we not worked, and that is the plan of am- mendous profits they were making the were talking about before and a pen- nesty: Tell those people that are here security question is such that they sion. Only 25.2 percent of American it is okay, you can stay. And now we made less than they perhaps wanted to, workers have a job that pays at least have encouraged people from all over less than they agreed, told them they $16 per hour and provides health insur- the world to come to the United States should be making. So the same con- ance and a pension, according to a new illegally. tractors have come back, and in the do- study done by the Center for Economic Mr. Speaker, I want to make it clear mestic situation of the gulf coast, of and Policy Research. That is the level. that I am a supporter of immigration, course, they do not have to pay for se- $16 an hour is the level you need in a supporter of legal immigration. I am curity. They do not have to worry order to have a decent wage, and you proud of the fact that my heritage is about contractors being shot, bombs must have that accompanied by a from Scotland and from Germany. But blowing up. So now they are poised to health insurance benefits program and in this country we have now taken the make all the money they could not a pension if you want to be called a policy of discriminating against people make in Iraq in the gulf coast area by person of sharing in the American who want to come here legally to the taking the contracts, hiring illegal im- economy as would be appropriate. benefit of lawless illegals. I will give migrants at the lowest possible rates, So I close with my opening state- you an example. and making off with the taxpayers’ ment: We need leadership at the top, in In my southeast district in Texas I money. the White House, in this Congress that represent numerous individuals who

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23309 have come to the United States legally, b 1615 Of course, there are other ways to obtained citizenship, and I recently Three years later, he was arrested on defy the law, the rule of law. Before a talked to an individual who was from September 22, 2001, when it was learned person illegally comes into the United the nation of Mexico and became a cit- that he had met for coffee several States, before they cross the border, izen of the United States, and he has times with two of the hijackers that there are flea markets, places where an been trying to bring the rest of his took part in the attacks on our coun- individual can obtain illegal, forged family to the United States legally. He try on September 11. Finally, Somar American Social Security cards, obtain has a son that he has been trying to was deported last year. other forged documents such as green bring to this country legally for the This catch-and-release policy, where cards to come into the United States, last 15 years, Mr. Speaker. And yet be- we spend the time to catch those few and assimilate among the rest of us. cause of bureaucracy, red tape, and in- people that come across illegally and We have to remember, by the way, competence, that has not been granted. release them on their word to come Mr. Speaker, that Social Security He wants to do the things the right back to court, simply does not work. cards are not identification. They serve way, the legal way, and he has discour- We obviously need detention facilities the purpose of retirement. They do not aged his son from just merely crossing for these people. We obviously need serve the purpose of identification, but the border illegally like 5,000 people a quicker hearings. It should not take 6 yet that is what it is used for. day do on the southern Texas border, months to have a deportation hearing. The problem continues on the south- come into the United States illegally They should happen within that week. ern Texas border, the other borders by walking across our border. Then, Mr. Speaker, we have other that border Mexico, where individuals We have developed a policy that is no policies that defy common sense in our come across to receive health care, not policy. We expect our border agents to immigration lack of policy. One of at their expense, but we pay for it. One patrol the vast thousands of miles from those is the sanctuary policy where way is many individuals come across Texas to California. And when they ac- many cities in the United States have the border, the individual is pregnant, tually capture someone coming into taken the position that they will not goes to one of our emergency hospitals, the United States, here is what hap- arrest people in their city that are our emergency care is tremendous, and pens, Mr. Speaker: They are arrested, there illegally. They will not help the then grants that individual of course they are taken to a Federal mag- Federal Government arrest those indi- permission to come in. A baby is born, istrate, they are told that they are viduals. Let me give my colleagues an that baby becomes a United States cit- going to have a deportation hearing example. izen, and then the whole family then eventually. But the detention facilities Many police agencies cannot inquire becomes the problem of the United are so crowded that over 90 percent of as to the status, the legal status of an States. Individuals come here to re- them are released on their word to individual that they arrest. One of ceive that free health care because we show up for their deportation hearing 6 those cities unfortunately is the City do not turn anybody away. So maybe months away. of Houston. In the City of Houston, if a the United States needs to start send- This defies common sense, the idea of police officer arrests somebody for let ing a bill back to those countries and this catch and release policy. Capture us say jaywalking, that individual can expecting them to pay for the health the people illegally coming into the be fined for jaywalking, but the police care that we pay for that they refuse to United States, take them to court, and officer cannot inquire as to the legal pay for in their own country. tell them: If you promise to come back status of that individual and turn them We have heard a lot, Mr. Speaker, for your deportation hearing, we will over to the Federal authorities if they today on this floor on both sides talk- have a hearing in 6 months to deter- are here illegally in the United States. ing about two important issues that mine whether you get to stay or you Why do we enforce the jaywalking are expensive to Americans. One of must leave. Are we not surprised that laws, why do we enforce the traffic those is health care. Oh, we heard on most of them do not come back for laws around the Capitol with all of the and on and on today about the costs of their hearings? This defies common cameras and the red lights, why do we health care, what we are going to do sense, it wastes time, and it does not enforce those laws, but yet we do not about it. But one thing we do not want work to solve any problem with our enforce the basic rule of law protecting to talk about, Mr. Speaker, is part of immigration, or, shall I say, our lack the dignity of the United States? And the reason health care costs are going of immigration policy. we do not deport those individuals that up in this country for Americans is be- And just so it is clear, Mr. Speaker, police officers know are here illegally cause we have people that are receiving we now know that over 50 percent of because they cannot even turn them health care at the expense of the rest the people illegally coming into the over to the Federal authorities. of us. And those are people who are in United States from the southern bor- Mr. Speaker, there are ways to beat the United States illegally that go and ders are not from Mexico. They are the United States and the United receive at our hospitals that free from all over the world. They are from States system. What I mean by that is health care; free to them, expensive to China, they are from South America, a policy apparently perpetrated on this us. We now know that approximately they are from Europe, but they are not country by the country of Mexico. I $2,700 a year each American has to from Mexico. And the reason? Every have here a pamphlet that is published spend for the health care of people who country in the world knows the United by the government of Mexico that ex- are illegally in the United States. I will States has open borders, that we do not plains to people who want to come to repeat that again. It costs each Amer- protect our dignity, we do not protect the United States from Mexico ille- ican taxpayer about $2,700 a year of our sovereignty. So people are coming gally how to come to the United their money to pay for the health care into the United States illegally, over States. Part of this I have blown up on of somebody else that is illegally in the half of which are from other countries this chart. It explains, this pamphlet United States. Those Americans, as we other than Mexico. explains to Mexican nationals where to heard tonight from that side and this I will give you an example. Recently cross into Texas so they are not side, may not even have health care we had an individual arrested by the caught, what to do if they are con- benefits. This ought not to be. name of Samir Abdoun from Algeria. fronted by a border agent, how to deal Mr. Speaker, we also now know that He was caught entering California from with coyotes, those are the people for on the southern border of Texas, that Mexico with a French passport. He was money that illegally bring people into there are reports that individuals who released with that summons to appear the United States; and where is the wish to do us harm, we call those peo- in court for his deportation hearing, best place to cross into the United ple terrorists, are assuming the identi- and of course he never showed up for States. Mr. Speaker, the country of ties of Hispanic individuals. They are that hearing. He, like many thousands Mexico is exporting its problem and learning Spanish, they sneak into the of other people in the same situation, making it our problem, and this is United States as the downtrodden, ille- assimilated into the United States. something that ought not to be. gal immigrants, and they set up cells,

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23310 CONGRESSIONAL RECORD—HOUSE October 20, 2005 networking cells to eventually do us elites who think they have the answers try. We do not do so, with the excep- harm. Because, you see, terrorists un- to all the problems. I would like to in- tions that I mentioned. So it is time derstand, like everybody else in the vite those people who spend their time for us to require a passport. A passport world, that we have open borders, that out on their yachts near Cape Cod to does not discriminate. It is the same you can sneak into the United States come down to Texas with me this document used for every individual. I and, once you are here, you can assimi- weekend and go to Laredo and see the have talked to numerous individuals late into the entire population. problem, the real problem of what ille- who are concerned about border secu- So it is a cost factor for Americans, gal immigration does to our country. rity, and they tell me, let us go to illegal immigration. It is also an ille- The border security is an issue that passports. Passports do not discrimi- gal issue. But, more importantly, Mr. affects all Americans. I have discussed nate. It has a bar code that is in a pass- Speaker, it is an issue regarding home- with many of the property owners that port, and it is a universal form of entry land security. The next terrorist that live along our Texas border how illegal into any country. It even could be used does us harm is probably not going to immigration affects it. One rancher in by our businesses who have to now be- fly into the United States, land over Zapata County told me that it was like come policemen to determine whether here at Reagan National Airport, and Sherman’s march to the sea, that or not the person coming into their come do us harm. They are probably Union general who invaded the South business that wants a job is here le- going to just walk across the border, and burned everything in his path. He gally, and they check the Social Secu- either the Canadian-American border, said, that is what it is like. They are rity card, they try to check their birth or the Mexican-American border. We coming onto my land, destroying all certificates, all the documents they know that most of the 9/11 hijackers the land, all the property, stealing ev- have; they do not have to check any of that did us harm, that is exactly what erything they can get their hands on, that any more. All they have to have is they did. They came across the Cana- because this is the path into the United a passport. If they enter the United dian border and assimilated into the States. States legally, they will have that United States. Property rights are something that passport when they go and seek em- Mr. Speaker, as the battle for Iraq maybe we ought to talk more about, ployment as a person trying to legally races on, the battle for Laredo has how our Federal Government has the come into the United States. A pass- begun. I say that because Laredo, responsibility to protect the dignity of port is the gold standard for entry into Texas, the largest inland port in the property rights of all Americans. Re- all countries, and it is time that we re- United States, is across the Rio Grande cently, we had an individual by the quire passports. River from Nuevo Laredo, a city of name of Luis Posada Carriles, he was a Mr. Speaker, the 9/11 Commission, in 400,000 individuals in Mexico. This Cuban anti-Castro militant who was its extensive report, stated that pass- weekend I plan on going down to the taken into custody in my home State ports are necessary for entry into the of Texas for immigrant violations. He border of Texas, Laredo, Zapata Coun- United States. But here we are, we still is wanted in Venezuela for allegedly ty, I will be there with a Texas Ranger do not have passport requirements. blowing up a Cuban plane and killing 70 and some of the local sheriffs and even- Why is that? It is because of bureauc- people on that airplane. This alleged tually with the border agents to view racy at the Federal level that does not terrorist told American authorities he that situation. implement the 9/11 Commission’s re- We know what is taking place in the easily crossed the U.S.-Mexican border port. So that is why I have filed this battle for Laredo and Nuevo Laredo. in the car of a smuggler, hopped the bill, to require a person to show a pass- bus to Miami, and even evaded arrest We know this year that 135 people were port when coming into the United by U.S. immigration agents by claim- murdered, 44 Americans were kid- States. ing he was a forgetful old man and lost napped in Nuevo Laredo; 7 policemen In some cases, Mr. Speaker, people his identification. This is typical, this were murdered. The police chief, the who wish to come into the United is scary. It is also proof, Mr. Speaker, new police chief that was recently States, for example, from Canada, do how easily it is for a terrorist with made police chief, lasted about 6 hours not even have to show documentation. plans to harm others can get into the after he was sworn in, and then he was All they have to do is profess that they United States. This is a serious matter gunned down with 35 bullets shot into are a citizen of that nation. The same of homeland security, and it must be his body. Nuevo Laredo has become a is true of Americans who wish to reen- fixed. ter the United States. For example, haven for drug traffickers, a haven for Our borders are out of control, and gun-running, and a haven for human one of my staff members recently went securing our borders is the first step in to Mexico over the August recess, and trafficking into the United States. Be- any serious immigration reform policy. when she entered Mexico, she was cause this is an example of where fail- So what are we going to do? Well, just waved through. She was not even asked ure to protect the integrity of our bor- today, I have introduced a bill called for identification. ders encourages illegal conduct. That the Passport Security bill. It is a sim- illegal conduct includes those people ple bill that requires all persons enter- b 1630 that wish to make money off the weak- ing the United States that try to come But more importantly, when she re- nesses of other individuals, and I am here legally to have a passport. entered the United States, the border talking about those drug dealers. They Mr. Speaker, if you come to the agent simply looked into the vehicle are bringing that cocaine, that mari- United States and you are from Canada which had several passengers and juana into the United States from our or from Mexico or from one of the Car- asked, Well, are all of you all American southern borders. It disseminates ibbean islands, you do not have to have citizens? throughout the United States. We a passport to get in. You can use any Someone replied yes and they were know that it is a location for gun-run- type of document that is acceptable; passed into the United States without ning, people who wish to bring firearms everything from a birth certificate to a any search, without any identification. illegally into the United States. And baptismal certificate. Some of our bor- So our borders at border crossings we also know that that is where those der agents have to be so versed in up to must be protected, and the border be- coyotes, those individuals for money 500 documents from foreign countries tween border crossings must be pro- charge other individuals from other na- before they can let a person come into tected. It is a homeland security issue. tions to come into the United States il- the United States. It makes it very Some people have discussed the issue legally. easy to forge those documents, to come of having a fence to protect the south- Mr. Speaker, many times we hear in here illegally when you are trying ern border. That is at least worthy of from people who think they know and pretending to come in here in a debate on this House floor. If we are about the problem of illegal immigra- legal manner. going to get serious about protecting tion. Some of those people are, for lack So all nations in the world basically our borders, we should at least discuss of a better phrase, those northeastern require passports to enter their coun- the issue.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23311 Earlier I mentioned one of the costs to one of their universities and they sovereignty of the Nation, protect the that is imposed upon Americans for il- pay in-state tuition. That ought not to identity of the borders of our Nation. It legal immigration, and that is health be. We discriminate against American just seems to me that is what most care. Some say that health care costs students. We discriminate against peo- countries do. in the United States, 20 percent of ple legally coming into the United But we have chosen not to do that, health care costs are because people States to get an education, to the ben- for whatever reason. I do not know the are in the system, illegally in the efit of people who are illegally here; reason. But now the time has come for United States. and in some States people illegally in us to enforce the rule of law, enforce Now, let us go to the second topic the state that go to colleges get admit- border security. It is the right thing to most talked about on this House floor ted into colleges, receive State grants. do. It is not the right thing to do to regarding costs, and that is education. Maybe those grants ought to go to tell people who come here illegally, Almost every day on this House floor American citizens. that is okay. That is the wrong thing we hear the talk about, oh, the expense And now with the competition of to do. of education in the United States. And higher education so stiff, in some cases Mr. Speaker, it is a national security it is expensive. It is expensive when Americans are denied entry into a uni- issue. We know that there are terror- your kids are in public school all the versity to the benefit of someone who ists among us. We know they wish to way through high school. is admitted because they are illegally do us harm. Why do we encourage that conduct by having no national policy And you want to talk about expen- in the United States. Once again, this that enforces the rule of law on our sive, wait until they try to go to col- defies common sense. So the two exam- borders? Everybody wants to come to lege and see how expensive it is. I have ples, health care costs, education costs. the United States. I do not blame them four kids in college, and one of them is Part of the reason is because there are for that. still in college. It is expensive, edu- people here who have benefited from it I mean, everybody wants to come cation is in the United States. and not contributed to it. here, but everybody cannot come to But all of the talk that we hear And the third example that I would the United States. Everybody cannot about the cost of education, no one like to use is the cost of the criminal live in the United States. So what are wants to talk about the fact that there justice system. I was a judge for 22 we going to do about that? Well, let us are people in the system getting an years in Houston, Texas. Heard about have a policy. Let us have a plan. Let education and Americans are paying 25,000 felony cases, that is serious us have a plan that works. Let us have for it, once again the people who are il- crime, everything from stealing to kill- a plan that encourages people to come legally in the United States. ing. here legally so it does not take 15 years Some experts say it is up to 22 per- About 20 percent of the people that I to come into the United States legally cent of education costs re because peo- saw were in the United States illegally as in the example I mentioned to you. ple are in the system that are bene- now. Think about that. First of all, And let us have also a plan that en- fiting from it, but not paying for it. they are here illegally. They commit forces the rule of law and does not en- You know, we have a policy in this another crime. When convicted, they courage illegal conduct, but tells peo- country. If you are here, however you are sent off to one of our State peniten- ple if you want to come to the United got here, legally or illegally, you are tiaries. Of course, Americans pay for States, do it the right way, do it the going to get an education at the ex- that system. Americans pay for the legal way or stay home. pense of the rest of us. And not only criminal justice system. We pay for You know, we all took oaths as pub- that, you are going to be educated in their incarceration. Then when the per- lic officials to uphold the Constitution, your own language. son serves their time for whatever, rob- to protect this country from all en- Now, think about that. If we went to bery or murder, you would think that emies, foreign and domestic. And I a foreign country like France illegally, the law in this country would say that think part of our obligation is to en- sneaked into the country, would we person illegally in the United States force the rule of law and the sov- have the nerve to go to one of their that commits a felony and goes to the ereignty of the United States. public schools and demand to be edu- penitentiary, we would deport them We call this place the land of the free cated not only for free, but in our own back where they came from. and the home of the brave, and right- language? Of course not. That is ab- But that is not what we do. We bring fully so. This very day, we have some surd. them right back to the county in which of our bravest Americans halfway But yet we do this in our country be- they were convicted, and we release across the world protecting another cause it is the policy of this country. them. Why do we do that? Because country called Iraq. It is important Regardless of whether it should be or there is no cooperation by law with the that we in this country care more should not be, it is costing Americans; State authorities and Federal authori- about Americans than we do about peo- and Americans have to pay for this ex- ties on people illegally in the United ple who are illegally from foreign coun- pensive education for those who are in States and whether they should be de- tries who come into the United States. So the line is drawn in the sand, Mr. the system and do not contribute to it. ported after they have served their Speaker. And as I mentioned, the bat- Let me give you some examples of criminal sentence. tle for Laredo has begun. The battle for that that go to higher education. Let So that costs us as well. And some our sovereignty is upon us. We will ei- us say a person from Texas wants to go likewise estimate is 18 to 19 percent of ther protect our country or we will not. to Kansas to school. Well, Kansas our criminal justice costs are because We will either surrender or we will charges that Texas student out-of-state we have people in the United States il- refuse to surrender. And we cannot sur- tuition. Why? Because they are not legally here committing crimes and render our borders to those people who from Kansas. Well, that is all right. having to serve their time. And we pay invade our country illegally. It is an Most States have that law. for that. So these are some examples of invasion. It is a colonization of the Let us say a person from a foreign issues that the American public has to United States, and it is illegally being country legally comes to the United deal with and deal with immediately. done right under our eyes. States, legally wants to go to Kansas It is necessary that we as a people That is just the way it is, Mr. Speak- and get an education. And they are ad- come to grips with the issue of illegal er. mitted on an education visa. They go immigration and decide what position f to Kansas. They pay out-of-state tui- we are going to take, whether we are tion because they are not from Kansas. going to take a stand for the rule of SPECIAL ORDERS GRANTED Makes sense. law or whether we are going to ignore By unanimous consent, permission to But take the third example of a per- the law. address the House, following the legis- son illegally in the United States in It would seem to me that the first lative program and any special orders Kansas. They get admitted, first of all, duty of government is to protect the heretofore entered, was granted to:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23312 CONGRESSIONAL RECORD—HOUSE October 20, 2005 (The following Members (at the re- transmitting the Department’s final rule — ical Devices; Dental Devices; Classification quest of Mr. DEFAZIO) to revise and ex- Collection of State Commodity Assessments of Oral Rinse to Reduce the Adhesion of Den- tend their remarks and include extra- (RIN: 0560-AH35) received September 8, 2005, tal Plaque [Docket No. 2005N-0338] received neous material:) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- September 30, 2005, pursuant to 5 U.S.C. mittee on Agriculture. 801(a)(1)(A); to the Committee on Energy and Mr. SCHIFF, for 5 minutes, today. 4625. A letter from the Congressional Re- Commerce. Mr. DEFAZIO, for 5 minutes, today. view Coordinator, Animal and Plant Health 4634. A letter from the Director, Regula- Mr. BROWN of Ohio, for 5 minutes, Inspection Service, Department of Agri- tions Policy and Management Staff, Depart- today. culture, transmitting the Department’s final ment of Health and Human Services, trans- Ms. WOOLSEY, for 5 minutes, today. rule — Imported Fire Ant; Additions to mitting the Department’s final rule — Use of Mr. EMANUEL, for 5 minutes, today. Quarantined Areas in Arkansas and Ten- Materials Derived From Cattle in Human Mr. GEORGE MILLER of California, for nessee [Docket No. 05-030-1] received August Food and Cosmetics [Docket No. 2004N-0081] 5 minutes, today. 23, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to received September 26, 2005, pursuant to 5 the Committee on Agriculture. U.S.C. 801(a)(1)(A); to the Committee on En- Ms. HERSETH, for 5 minutes, today. 4626. A letter from the Director, Regula- ergy and Commerce. Mr. CUMMINGS, for 5 minutes, today. tions Policy and Management Staff, Depart- 4635. A letter from the Director, Contract Mr. MARKEY, for 5 minutes, today. ment of Health and Human Services, trans- Policy Division, National Aeronautics and Mr. MCDERMOTT, for 5 minutes, mitting the Department’s final rule — List- Space Administration, transmitting the Ad- today. ing of Color Additives Exempt From Certifi- ministration’s final rule — Federal Acquisi- Ms. NORTON, for 5 minutes, today. cation; Tomato Lycopene Extract and To- tion Circular 2005-05; Introduction — re- Ms. WATSON, for 5 minutes, today. mato Lycopene Concentrate [Docket No. ceived August 4, 2005, pursuant to 5 U.S.C. (The following Member (at the re- 2001C-0486] (formerly Docket No. 01C-0486) re- 801(a)(1)(A); to the Committee on Govern- quest of Mr. GARRETT of New Jersey) to ceived August 12, 2005, pursuant to 5 U.S.C. ment Reform. revise and extend his remarks and in- 801(a)(1)(A); to the Committee on Agri- 4636. A letter from the Acting Director, Of- culture. fice of Sustainable Fisheries, NMFS, Na- clude extraneous material:) 4627. A letter from the Director, Regula- tional Oceanic and Atmoshpheric Adminis- Mr. GARRETT of New Jersey, for 5 tions Policy and Management Staff, Depart- tration, transmitting the Administration’s minutes, today. ment of Health and Human Servcies, trans- final rule — Fisheries Off West Coast States f mitting the Department’s final rule — and in the Western Pacific; West Coast Change of Address; Technical Amendment— Salmon Fisheries; Inseason Action #6 — Ad- SENATE BILLS REFERRED received July 29, 2005, pursuant to 5 U.S.C. justment from the U.S.-Canada Border to Bills of the Senate of the following 801(a)(1)(A); to the Committee on Energy and Cape Alava, Washington [Docket No. titles were taken from the Speaker’s Commerce. 050426117-5117-01; I.D. 082605A] received Sep- table and, under the rule, referred as 4628. A letter from the Director, Regula- tember 30, 2005, pursuant to 5 U.S.C. tions Policy and Management Staff, Depart- 801(a)(1)(A); to the Committee on Resources. follows: ment of Health and Human Services, trans- 4637. A letter from the Acting Director, Of- S. 1736. An act to provide for the participa- mitting the Department’s final rule — Defi- fice of Sustainable Fisheries, NMFS, Na- tion of employees in the judicial branch in nition of Primary Mode of Action of a Com- tional Oceanic and Atmospheric Administra- the Federal leave transfer program for disas- bination Product [Docket No. 2004-N-0194] re- tion, transmitting the Administration’s final ters and emergencies; to the Committee on ceived September 8, 2005, pursuant to 5 rule — Fisheries of the Exclusive Economic Government Reform. U.S.C. 801(a)(1)(A); to the Committee on En- Zone Off Alaska; Atka Mackerel Lottery in S. 1894. An act to amend part E of title IV ergy and Commerce. Areas 542 and 543 [Docket No. 041126332-5039- of the Social Security Act to provide for the 4629. A letter from the Director, Regula- 02; I.D. 081605D] received September 8, 2005, making of foster care maintenance payments tions Policy and Management Staff, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to private for-profit agencies; to the Com- ment of Health and Human Services, trans- mittee on Resources. mittee on Ways and Means. mitting the Department’s final rule — List- 4638. A letter from the Acting Director, Of- f ing of Color Additives Exempt from Certifi- fice of Sustainable Fisheries, NMFS, Na- cation; Mica-Based Pearlescent Pigments tional Oceanic and Atmospheric Administra- BILLS PRESENTED TO THE [Docket No. 1998C-0431] (formelry 98C-0431) tion, transmitting the Administration’s final PRESIDENT received August 4, 2005, pursuant to 5 U.S.C. rule — Fisheries of the Exclusive Economic Jeff Trandahl, Clerk of the House re- 801(a)(1)(A); to the Committee on Energy and Zone Off Alaska; Yellowfin Sole in the Ber- ports that on October 20, 2005, he pre- Commerce. ing Sea and Aleutian Islands Management sented to the President of the United 4630. A letter from the Director, Regula- Area [Docket No. 041126332-5039-02; I.D. tions Policy and Management Staff, Depart- 072105A] received August 23, 2005, pursuant to States, for his approval, the following ment of Health and Human Services, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on bills. mitting the Department’s final rule — Resources. H.R. 3765. A bill to extend through March Change of Name and Address; Technical 4639. A letter from the Acting Director, Of- 31, 2006, the authority of the Secretary of the Amendment [Docket No. 2005N-0201] received fice of Sustainable Fisheries, NMFS, Na- Army to accept and expend funds contrib- August 2, 2005, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- uted by non-Federal public entities and to 801(a)(1)(A); to the Committee on Energy and tion, transmitting the Administration’s final expedite the processing of permits. Commerce. rule — Magnuson-Stevens Fishery Conserva- H.R. 3971. Medicare Cost Sharing and Wel- 4631. A letter from the Director, Regula- tion and Management Act Provisions; Fish- fare Extension Act of 2005. tions Policy and Management Staff, Depart- eries of the Northeastern United States; At- f ment of Health and Human Services, trans- lantic Sea Scallop Fishery; Closure of the mitting the Department’s final rule — Irra- Closed Area I Scallop Access Area to General ADJOURNMENT diation in the Production, Processing, and Category Scallop Vessels [Docket No. Mr. POE. Mr. Speaker, I move that Handling of Food [Docket No. 1999F-4372] re- 040809233-4363-03; I.D. 083105A] received Sep- the House do now adjourn. ceived September 1, 2005, pursuant to 5 tember 26, 2005, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on En- 801(a)(1)(A); to the Committee on Resources. The motion was agreed to; accord- ergy and Commerce. 4640. A letter from the Acting Director, Of- ingly (at 4 o’clock and 40 minutes 4632. A letter from the Director, Regula- fice of Sustainable Fisheries, NMFS, Na- p.m.), under its previous order, the tions Policy and Management Staff, Depart- tional Oceanic and Atmospheric Administra- House adjourned until Monday, Octo- ment of Health and Human Services, trans- tion, transmitting the Administration’s final ber 24, 2005, at noon. mitting the Department’s final rule — Med- rule — Fisheries of the Economic Exclusive f ical Devices; Immunology and Microbiology Zone Off Alaska; Deep-water Species Fishery Devices; Classification of Ribonucleic Acid by Vessels Using Trawl Gear in the Gulf of EXECUTIVE COMMUNICATIONS, Preanalytical Systems [Docket No. 2005N- Alaska [Docket No. 041126333-5040-02; I.D. ETC. 0263] received September 8, 2005, pursuant to 090705D] received September 26, 2005, pursu- Under clause 8 of rule XII, executive 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Energy and Commerce. on Resources. communications were taken from the 4633. A letter from the Director, Regula- 4641. A letter from the Acting Director, Of- Speaker’s table and referred as follows: tions Policy and Management Staff, Depart- fice of Sustainable Fisheries, NMFS, Na- 4624. A letter from the Chief, Regulatory ment of Health and Human Services, trans- tional Oceanic and Atmospheric Administra- Review Group, Department of Agriculture, mitting the Department’s final rule — Med- tion, transmitting the Administration’s final

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23313 rule — Fisheries Off West Coast States and ment Area [Docket No. 041126332-5039-02; I.D. Zone Off Alaska; Pacific Ocean Perch in the in the Western Pacific; Coastal Pelagic Spe- 080805B] received September 1, 2005, pursuant Central Regulatory Area of the Gulf of Alas- cies Fisheries; Reallocation of Pacific Sar- to 5 U.S.C. 801(a)(1)(A); to the Committee on ka [Docket No. 041126333-5040-02; I.D. 071305A] dine [Docket No. 041130335-5154-02; I.D. Resources. received August 2, 2005, pursuant to 5 U.S.C. 091305E] received September 30, 2005, pursu- 4649. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Sustainable Fisheries, NMFS, National Oce- 4657. A letter from the Deputy Assistant on Resources. anic and Atmospheric Administration, trans- Administrator for Regulatory Programs, 4642. A letter from the Acting Director, Of- mitting the Administration’s final rule — NMFS, National Oceanic and Atmospheric fice of Sustainable Fisheries, NMFS, Na- Atlantic Highly Migratory Species; Atlantic Administration, transmitting the Adminis- tional Oceanic and Atmospheric Administra- Bluefin Tuna Fisheries [I.D. 080405B] received tration’s final rule — Pacific Halibut Fish- tion, transmitting the Administration’s final September 1, 2005, pursuant to 5 U.S.C. eries; Subsistence Fishing; Correction [Dock- rule — Fisheries Off West Coast States and 801(a)(1)(A); to the Committee on Resources. et No. 050627169-5169-01; I.D. 051804C] received in the Western Pacific; West Coast Salmon 4650. A letter from the Acting Director, Of- August 2, 2005, pursuant to 5 U.S.C. Fisheries; Inseason Action #8 — Adjustment fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Resources. of the Recreational Fishery from the U.S.- tional Oceanic and Atmospheric Administra- 4658. A letter from the Assistant Adminis- Canada Border to Cape Alava, Washington tion, transmitting the Administration’s final trator for Fisheries, NMFS, National Oce- [Docket No. 050426117-5117-01; I.D. 091405H] re- rule — Fisheries of the Exclusive Economic anic and Atmpspheric Administration, trans- ceived September 30, 2005, pursuant to 5 Zone Off Alaska; Non-Community Develop- mitting the Administration’s final rule — U.S.C. 801(a)(1)(A); to the Committee on Re- ment Quota Pollock with Trawl Gear in the Fisheries of the Caribbean, Gulf of Mexico, sources. Chinook Salmon Savings Areas of the Bering and South Atlantic; Reef Fish Fishery of the 4643. A letter from the Acting Director, Of- Sea and Aleutian Islands Manamgement Gulf of Mexico; Gulf Grouper Recreational fice of Sustainable Fisheries, NMFS, Na- Area [Docket No. 041126332-5039-02; I.D. Management Measures [Docket No. 050708183- tional Oceanic and Atmospheric Administra- 080805D] received September 1, 2005, pursuant 5183-01; I.D. 070505D] (RIN: 0648-AT45) re- tion, transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived August 4, 2005, pursuant to 5 U.S.C. rule — Fisheries Off West Coast States and Resources. 801(a)(1)(A); to the Committee on Resources. in the Western Pacific; West Coast Salmon 4651. A letter from the Acting Director, Of- 4659. A letter from the Administrator, Of- Fisheries; Inseason Action #7 — Closure of fice of Sustainable Fisheries, NMFS, Na- fice of National Programs, Department of the Commercial Salmon Fishery from the tional Oceanic and Atmospheric Administra- Labor, transmitting the Department’s final U.S.-Canada Border to Cape Falcon, Oregon tion, transmitting the Administration’s final rule — Labor Condition Applications and Re- [Docket No. 050426117-5117-01; I.D. 091405G] re- rule — Fisheries of the Economic Exclusive quirements for Employers Using Non- ceived September 30, 2005, pursuant to 5 Zone Off Alaska; Deep-water Species Fishery immigrants on H-1B Visas in Specialty Occu- U.S.C. 801(a)(1)(A); to the Committee on Re- by Vessels Using Trawl Gear in the Gulf of pations and as Fashion Models; Labor Attes- sources. Alaska [Docket No. 041126333-5040-02; I.D. tations Regarding H-1B1 Visas; — received 4644. A letter from the Acting Director, Of- 082905C] received September 20, 2005, pursu- October 11, 2005, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on the Judici- tional Oceanic and Atmospheric Administra- on Resources. ary. tion, transmitting the Administration’s final 4652. A letter from the Acting Director, Of- 4660. A letter from the Administrator, Of- rule — Magnuson-Stevens Fishery Conserva- fice of Sustainable Fisheries, NMFS, Na- fice of National Programs, Department of tion and Management Act Provisions; Fish- tional Oceanic and Atmospheric Administra- Labor, transmitting the Department’s final eries of the Northeastern United States; tion, transmitting the Administration’s final rule — Labor Certification for the Perma- Northeastern Multispecies Fishery; Modi- rule — International Fisheries; Pacific Tuna nent Employment of Aliens in the United fication of Access to the Eastern U.S./Canada Fisheries; Restrictions for 2005 Longline States; Backlog Reduction (RIN: 1205-AB37) Area [Docket No. 040112010-4114-02; I.D. Fisheries in the Eastern Tropical Pacific received October 11, 2005, pursuant to 5 063005A] received August 12, 2005, pursuant to Ocean [Docket No. 050719189-5231-05; I.D. U.S.C. 801(a)(1)(A); to the Committee on the 5 U.S.C. 801(a)(1)(A); to the Committee on 081105E] received September 20, 2005, pursu- Judiciary. Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4661. A letter from the Regulations Coordi- 4645. A letter from the Acting Director, Of- on Resources. nator, CMS, Department of Health and fice of Sustainable Fisheries, NMFS, Na- 4653. A letter from the Acting Director, Of- Human Services, transmitting the Depart- tional Oceanic and Atmospheric Administra- fice of Sustainable Fisheries, NMFS, Na- ment’s final rule — Medicare Program; tion, transmitting the Administration’s final tional Oceanic and Atmospheric Administra- Health Care Infrastructure Improvement rule — Fisheries of the Exclusive Economic tion, transmitting the Administration’s final Program; Selection Criteria of Loan Pro- Zone Off Alaska Pelagic Shelf Rockfish in rule — Fisheries of the Exclusive Economic gram for Qualifying Hospitals Engaged in the West Yakutat District of the Gulf of Zone Off Alaska; Atka Mackeral in the Ber- Cancer-Related Health Care [CMS-1287-IFC] Alaska [Docket No. 041126333-5040-02; I.D. ing Sea and Aleutian Islands Management (RIN: 0938-AO03) received September 30,2005, 072005B] received August 12, 2005, pursuant to Area [Docket No. 041126332-5039-02; I.D. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on 082305C] received September 20, 2005, pursu- mittee on Ways and Means. 4662. A letter from the Regulations Coordi- Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee nator, Center for Medicare Management, De- 4646. A letter from the Acting Director, Of- on Resources. partment of Health and Human Services, fice of Sustainable Fisheries, NMFS, Na- 4654. A letter from the Acting Director, Of- transmitting the Department’s final rule — tional Oceanic and Atmospheric Administra- fice of Sustainable Fisheries, NMFS, Na- Medicare Program; Competitive Acquisition tion, transmitting the Administration’s final tional Oceanic and Atmospheric Administra- of Outpatient Drugs and Biologicals Under rule — Fisheries of the Exclusive Economic tion, transmitting the Administration’s final Part B: Interpretation and Correction [CMS- Zone Off Alaska, ‘‘Other Rockfish’’ in the rule — Fisheries of the Exclusive Economic 1325-IFC2] (RIN: 0938-AN58) received Sep- Central Regulatory Area of the Gulf of Alas- Zone Off Alaska; Pollock in Stastical Area tember 7, 2005, pursuant to 5 U.S.C. ka [Docket No. 041126333-5040-02; I.D. 072905A] 610 of the Gulf of Alaska [Docket No. 801(a)(1)(A); jointly to the Committees on received August 23, 2005, pursuant to 5 U.S.C. 041126333-5040-02; I.D. 090205A] received Sep- Energy and Commerce and Ways and Means. 801(a)(1)(A); to the Committee on Resources. tember 20, 2005, pursuant to 5 U.S.C. 4663. A letter from the Regulations Coordi- 4647. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Resources. nator, CBC, Department of Health and fice of Sustainable Fisheries, NMFS, Na- 4655. A letter from the Acting Director, Of- Human Services, transmitting the Depart- tional Oceanic and Atmospheric Administra- fice of Sustainable Fisheries, NMFS, Na- ment’s final rule — Medicare Program; Medi- tion, transmitting the Administration’s final tional Oceanic and Atmospheric Administra- care Prescription Drug Discount Card; Revi- rule — Fisheries of the Exclusive Economic tion, transmitting the Administration’s final sion of Marketing Rules for Endorsed Drug Zone Off Alaska; Pacific Ocean Perch in the rule — Fisheries of the Exclusive Economic Card Sponsors [CMS-4063-F] (RIN: 0938-AN97) West Yakutat District of the Gulf of Alaska Zone Off Alaska; Pacific Ocean Perch in the received September 1, 2005, pursuant to 5 [Docket No. 041126333-5040-02; I.D. 080305B] re- Eastern Aleutian District of the Bering Sea U.S.C. 801(a)(1)(A); jointly to the Committees ceived August 23, 2005, pursuant to 5 U.S.C. and Aleutian Islands Management Area on Energy and Commerce and Ways and 801(a)(1)(A); to the Committee on Resources. [Docket No. 041126332-5039-02; I.D. 070805A] re- Means. 4648. A letter from the Acting Director, Of- ceived August 2, 2005, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Resources. f tional Oceanic and Atmospheric Administra- 4656. A letter from the Acting Director, Of- PUBLIC BILLS AND RESOLUTIONS tion, transmitting the Administration’s final fice of Sustainable Fisheries, NMFS, Na- rule — Fisheries of the Exclusive Economic tional Oceanic and Atmospheric Administra- Under clause 2 of rule XII, public Zone Off Alaska; Arrowtooth Flounder in the tion, transmitting the Administration’s final bills and resolutions were introduced Bering Sea and Aleutian Islands Manage- rule — Fisheries of the Exclusive Economic and severally referred, as follows:

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By Mrs. MALONEY (for herself, Mr. By Mr. RAMSTAD: Pennsylvania, Mr. KIRK, and Mr. MELANCON, and Mr. JEFFERSON): H.R. 4098. A bill to amend title XVIII of the FITZPATRICK of Pennsylvania): H.R. 4090. A bill to amend the Robert T. Social Security Act to preserve access to H.R. 4106. A bill to provide for the security Stafford Disaster Relief and Emergency As- community cancer care by Medicare bene- and safety of rail transportation systems in sistance Act to modify the terms of the com- ficiaries; to the Committee on Energy and the United States, and for other purposes; to munity disaster loan program, and for other Commerce, and in addition to the Committee the Committee on Homeland Security. purposes; to the Committee on Transpor- on Ways and Means, for a period to be subse- By Mr. CUMMINGS (for himself, Mr. tation and Infrastructure. quently determined by the Speaker, in each HOYER, Mr. CARDIN, Mr. GILCHREST, By Mr. POMBO (for himself and Mr. case for consideration of such provisions as Mr. BARTLETT of Maryland, Mr. GOODLATTE): fall within the jurisdiction of the committee WYNN, Mr. VAN HOLLEN, and Mr. RUP- H.R. 4091. A bill to permit certain projects concerned. PERSBERGER): and activities to resume on National Forest By Mr. MCCAUL of Texas (for himself, System lands by ratifying part 215 of title 36, Mr. BOREN, Mrs. DRAKE, Mr. SMITH of H.R. 4107. A bill to designate the facility of Code of Federal Regulations, relating to no- Texas, and Mr. CULBERSON): the United States Postal Service located at tice, comment, and appeal procedures for H.R. 4099. A bill to amend the Homeland 1826 Pennsylvania Avenue in Baltimore, such projects and activities; to the Com- Security Act of 2002 to authorize the Citizen Maryland, as the ‘‘Maryland State Delegate mittee on Agriculture. Corps and establish the Border Corps, and for Lena K. Lee Post Office Building’’; to the By Ms. BEAN (for herself and Ms. other purposes; to the Committee on Home- Committee on Government Reform. HART): land Security. By Mr. CUMMINGS (for himself, Mr. H.R. 4092. A bill to amend the Internal Rev- By Mr. BAKER: WYNN, Mr. VAN HOLLEN, Mr. HOYER, enue Code of 1986 to allow an additional cred- H.R. 4100. A bill to establish the Louisiana Mr. CARDIN, Mr. GILCHREST, Mr. it against income tax for the adoption of an Recovery Corporation for purposes of eco- BARTLETT of Maryland, and Mr. RUP- older child; to the Committee on Ways and nomic stabilization and redevelopment of PERSBERGER): Means. devastated areas in Louisiana, and for other H.R. 4108. A bill to designate the facility of By Mr. SENSENBRENNER (for himself purposes; to the Committee on Financial the United States Postal Service located at and Mr. SIMPSON): Services. 3000 Homewood Avenue in Baltimore, Mary- H.R. 4093. A bill to provide for the appoint- By Mr. BISHOP of New York (for him- land, as the ‘‘State Senator Verda Welcome ment of additional Federal circuit and dis- self, Mr. ACKERMAN, Mrs. MCCARTHY, and Dr. Henry Welcome Post Office Build- trict judges, to improve the administration Mr. ISRAEL, Mr. MCNULTY, Mr. CROW- ing’’; to the Committee on Government Re- of justice, and for other purposes; to the LEY, Mr. ENGEL, Mr. KUHL of New form. Committee on the Judiciary. York, Mr. SERRANO, Mr. BOEHLERT, By Mr. CUMMINGS (for himself, Mr. By Ms. ZOE LOFGREN of California: Mr. KING of New York, Mr. FOSSELLA, HOYER, Mr. CARDIN, Mr. GILCHREST, H.R. 4094. A bill to prohibit States from Mr. HIGGINS, Mr. WALSH, Mr. HIN- Mr. BARTLETT of Maryland, Mr. carrying out more than one Congressional CHEY, Mr. NADLER, Mr. WEINER, Mr. WYNN, Mr. VAN HOLLEN, and Mr. RUP- redistricting after a decennial census and ap- OWENS, Ms. VELA´ ZQUEZ, Mrs. MALO- PERSBERGER): portionment, to require States to conduct NEY, Mrs. LOWEY, Mr. REYNOLDS, Ms. such redistricting through independent com- SLAUGHTER, Mr. TOWNS, Mr. RANGEL, H.R. 4109. A bill to designate the facility of missions, and for other purposes; to the Com- Mr. SWEENEY, Mr. MCHUGH, Mr. the United States Postal Service located at mittee on the Judiciary. MEEKS of New York, and Mrs. 6101 Liberty Road in Baltimore, Maryland, as By Mr. FILNER: KELLY): the ‘‘United States Representative Parren J. H.R. 4095. A bill to amend titles II and XVI H.R. 4101. A bill to designate the facility of Mitchell Post Office’’; to the Committee on of the Social Security Act to provide for eq- the United States Postal Service located at Government Reform. uitable treatment of disability beneficiaries 170 East Main Street in Patchogue, New By Mr. EMANUEL (for himself, Mr. with waxing and waning medical conditions; York, as the ‘‘Lieutenant Michael P. Murphy DEFAZIO, Mr. DELAHUNT, Mr. BISHOP to the Committee on Ways and Means. Post Office Building’’; to the Committee on of New York, Mr. ALLEN, Mr. BOU- By Mr. REYNOLDS (for himself, Mr. Government Reform. CHER, Mr. CLAY, Mr. COSTELLO, Mr. SIMMONS, Mr. SHAW, Mr. HERGER, Mr. By Mr. BROWN of Ohio: ETHERIDGE, Mr. FRANK of Massachu- ENGLISH of Pennsylvania, Mr. FOLEY, H.R. 4102. A bill to amend title 35, United setts, Mr. GRIJALVA, Mr. HASTINGS of Mr. LINCOLN DIAZ-BALART of Florida, States Code, to provide for compulsory li- Florida, Mr. HOLT, Mr. KILDEE, Mr. Mr. WALDEN of Oregon, Mr. HUNTER, censing of certain patented inventions relat- LARSON of Connecticut, Ms. LEE, Mr. Mr. MCHUGH, Mr. KING of New York, ing to health care emergencies; to the Com- MCGOVERN, Mrs. MALONEY, Mr. MEE- Mr. MCCOTTER, Mr. KUHL of New mittee on the Judiciary. HAN, Mr. GEORGE MILLER of Cali- York, Mr. PAUL, Mr. SESSIONS, Mr. By Mr. BROWN of Ohio (for himself, fornia, Ms. MCCOLLUM of Minnesota, FORTUN˜ O, Mrs. CAPITO, Mr. Mr. DINGELL, Mr. RANGEL, Mr. WAX- Mr. NADLER, Mr. OWENS, Mr. PAL- HOSTETTLER, Mr. MURPHY, Mrs. MAN, Mr. STARK, and Ms. SCHAKOW- LONE, Mr. PAYNE, Mr. RYAN of Ohio, KELLY, Mr. BISHOP of Utah, Mr. GARY SKY): Ms. SCHAKOWSKY, Ms. SLAUGHTER, G. MILLER of California, Mr. GARRETT H.R. 4103. A bill to amend title XVIII of the Mr. STARK, Mr. TAYLOR of Mis- of New Jersey, and Mr. LINDER): Social Security Act to provide for improved sissippi, Mr. THOMPSON of Mississippi, H.R. 4096. A bill to amend the Internal Rev- accountability in the Medicare Advantage and Mr. WEXLER): enue Code of 1986 to extend to 2006 the alter- and prescription drug programs; to the Com- H.R. 4110. A bill to require grants to State native minimum tax relief available in 2005 mittee on Energy and Commerce, and in ad- and local governments for infrastructure and and to index such relief for inflation; to the dition to the Committee on Ways and Means, social services needs in the same amount as Committee on Ways and Means. for a period to be subsequently determined the amount of relief and reconstruction By Mr. BOEHNER (for himself, Mr. by the Speaker, in each case for consider- funds provided to Iraq; to the Committee on BLUNT, Mr. JINDAL, Mr. SAM JOHNSON ation of such provisions as fall within the ju- Government Reform. of Texas, Mr. WILSON of South Caro- risdiction of the committee concerned. By Mr. FORTUN˜ O: lina, Mr. KLINE, Mrs. MUSGRAVE, Miss By Ms. GINNY BROWN-WAITE of Flor- H.R. 4111. A bill to redesignate the Carib- MCMORRIS, Mr. MARCHANT, Mr. ida: bean National Forest in the Commonwealth FORTUN˜ O, Mr. BOUSTANY, Ms. FOXX, H.R. 4104. A bill to amend the Internal Rev- of Puerto Rico as the El Yunque National Mrs. DRAKE, Mr. BARTLETT of Mary- enue Code of 1986 to allow a deduction for Forest; to the Committee on Resources. land, Mr. HOEKSTRA, Mr. WELDON of qualified long-term care services in com- By Mr. HASTINGS of Florida (for him- Florida, Mr. WICKER, Mr. BRADY of puting adjusted gross income; to the Com- self, Mr. OWENS, and Ms. WASSERMAN Texas, Mr. PITTS, Mr. SESSIONS, Mr. mittee on Ways and Means. SCHULTZ): CULBERSON, Mr. BURGESS, Mr. COLE of By Mr. BUTTERFIELD: Oklahoma, Mr. FRANKS of Arizona, H.R. 4105. A bill to amend the Wild and H.R. 4112. A bill to direct the Secretary of Mr. GINGREY, Mr. MCHENRY, Mr. POE, Scenic Rivers Act to designate the Homeland Security to establish national and Mr. DELAY): Perquimans River and its tributaries in emergency centers on military installations; H.R. 4097. A bill to direct the Secretary of Perquimans County, North Carolina, for to the Committee on Transportation and In- Education to establish a Family Education study for potential addition to the National frastructure, and in addition to the Com- Reimbursement Account Program to assist Wild and Scenic Rivers System, and for mittee on Armed Services, for a period to be hurricane displaced students during the 2005- other purposes; to the Committee on Re- subsequently determined by the Speaker, in 2006 school year, and for other purposes; to sources. each case for consideration of such provi- the Committee on Education and the Work- By Mr. CASTLE (for himself, Mr. sions as fall within the jurisdiction of the force. PLATTS, Mr. BACHUS, Mr. WELDON of committee concerned.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—HOUSE 23315 By Mr. HAYES: ability and to their dependents; to the Com- the Federal mortgage interest tax deduction; H.R. 4113. A bill to provide for a reduction mittee on Armed Services. to the Committee on Ways and Means. in pay for Members of Congress; to the Com- By Mr. TANNER: By Ms. GINNY BROWN-WAITE of Flor- mittee on House Administration, and in ad- H.R. 4122. A bill to establish the Com- ida: dition to the Committee on Government Re- prehensive Entitlement Reform Commission; H. Res. 504. A resolution commending the form, for a period to be subsequently deter- to the Committee on Ways and Means, and in people of the Republic of Iraq for holding a mined by the Speaker, in each case for con- addition to the Committee on Energy and successful referendum on a new constitution sideration of such provisions as fall within Commerce, for a period to be subsequently for Iraq; to the Committee on International the jurisdiction of the committee concerned. determined by the Speaker, in each case for Relations. By Mr. LOBIONDO (for himself, Mr. consideration of such provisions as fall with- By Mr. KUCINICH: SMITH of New Jersey, and Mrs. EMER- in the jurisdiction of the committee con- H. Res. 505. A resolution requesting the SON): cerned. President of the United States and directing H.R. 4114. A bill to prohibit the sale of By Mr. WELDON of Pennsylvania (for the Secretary of State to provide to the crude oil, gasoline, diesel fuel, natural gas, himself, Mr. WILSON of South Caro- House of Representatives certain documents or petroleum distillates at an unjust or un- lina, and Mr. BROWN of South Caro- in their possession relating to the White reasonable price; to the Committee on En- lina): House Iraq Group; to the Committee on ergy and Commerce. H.R. 4123. A bill to amend section 44706 of International Relations. By Mr. MARSHALL: title 49, United States Code, to require oper- f H.R. 4115. A bill to designate the facility of ating certificates for airports at which large the United States Postal Service located at cargo operations are conducted; to the Com- ADDITIONAL SPONSORS 118 East Hancock Street in Milledgeville, mittee on Transportation and Infrastruc- Under clause 7 of rule XII, sponsors Georgia, as the ‘‘Boddie Davis Simmons Post ture. were added to public bills and resolu- Office Building’’; to the Committee on Gov- By Mr. GEORGE MILLER of Cali- tions as follows: ernment Reform. fornia: By Mrs. MCCARTHY: H.J. Res. 69. A joint resolution relating to H.R. 21: Ms. MATSUI. H.R. 4116. A bill to prohibit the Secretary a national emergency declared by the Presi- H.R. 500: Mr. BONILLA. of Transportation from requiring the sound- dent on September 8, 2005; to the Committee H.R. 558: Ms. DELAURO. ing of a locomotive horn in suburban areas on Transportation and Infrastructure. H.R. 583: Mr. STARK. in nonpeak traffic hours; to the Committee By Mr. BARTON of Texas (for himself, H.R. 602: Mr. MEEKS of New York. H.R. 759: Ms. SCHWARTZ of Pennsylvania. on Transportation and Infrastructure. Mr. BURGESS, Mr. GONZALEZ, Mr. H.R. 772: Mr. FORTUN˜ O, Mr. ENGLISH of By Mr. MELANCON (for himself, Mr. CONAWAY, Mr. CARTER, Mr. SESSIONS, Pennsylvania, Mr. HALL, and Mr. SIMMONS. JEFFERSON, Mr. JINDAL, Mr. BAKER, Mr. RADANOVICH, Mr. WHITFIELD, Mr. H.R. 809: Mr. GOODE. Mr. BOUSTANY, Mr. ALEXANDER, and UPTON, Mrs. CUBIN, Mr. BASS, Mr. H.R. 827: Mr. WELLER and Mr. ENGLISH of Mrs. MALONEY): SMITH of Texas, Mr. SHADEGG, Mr. Pennsylvania. H.R. 4117. A bill to permit the cancellation BOUSTANY, Mr. PICKERING, Mr. H.R. 839: Ms. HOOLEY, Mr. RANGEL, and Mr. of certain loans under the Robert T. Stafford TOWNS, Mr. LEWIS of California, Mr. UDALL of New Mexico. Disaster Relief and Emergency Assistance BILIRAKIS, Mr. MARKEY, Mr. MCGOV- H.R. 896: Mr. FARR. Act; to the Committee on Transportation ERN, Mr. HENSARLING, Mr. ORTIZ, Ms. H.R. 923: Mr. RAHALL, Mr. MORAN of Vir- and Infrastructure. KILPATRICK of Michigan, Mr. LINCOLN ginia, Mr. BOEHLERT, Mr. BERRY, Ms. By Mr. PAUL: DIAZ-BALART of Florida, Mr. OTTER, MILLENDER-MCDONALD, and Mr. REYNOLDS. H.R. 4118. A bill to prohibit Federal pay- Mr. MARCHANT, Mr. GENE GREEN of H.R. 952: Mr. JACKSON of Illinois. ments to any individual, business, institu- Texas, Mr. EDWARDS, Mr. MCCAUL of H.R. 983: Mr. STARK. tion, or organization that engages in human Texas, Mr. HALL, Mr. CALVERT, Mr. H.R. 1130: Mrs. CAPPS and Mr. DOYLE. cloning; to the Committee on Energy and SULLIVAN, Mrs. CAPPS, Mr. BACHUS, H.R. 1131: Mr. FATTAH and Mr. JACKSON of Commerce. Mr. MURPHY, Mr. FITZPATRICK of Illinois. By Mr. PAUL: Pennsylvania, Mr. CANTOR, Ms. JACK- H.R. 1241: Mr. MARCHANT. H.R. 4119. A bill to strengthen Federal SON-LEE of Texas, Mr. NORWOOD, Mrs. H.R. 1243: Mr. BROWN of South Carolina. leadership, provide grants, enhance outreach BONO, Mr. WALDEN of Oregon, Mr. H.R. 1246: Mrs. SCHMIDT. and guidance, and provide other support to GILLMOR, Ms. EDDIE BERNICE JOHNSON H.R. 1249: Mr. MICHAUD. State and local officials to achieve commu- of Texas, Ms. BORDALLO, Mr. RUSH, H.R. 1262: Mr. ROTHMAN. nications interoperability, to foster im- Mr. BUYER, Mr. CASTLE, Mr. BOEH- H.R. 1298: Mr. WHITFIELD. proved regional collaboration and coordina- LERT, Mr. STEARNS, and Mr. TERRY): H.R. 1366: Mrs. JO ANN DAVIS of Virginia. tion, to promote more efficient utilization of H. Con. Res. 269. Concurrent resolution rec- H.R. 1431: Mrs. DAVIS of California and Mr. funding devoted to public safety communica- ognizing the 40th anniversary of the White THOMPSON of California. tions, to promote research and development House Fellows Program; to the Committee H.R. 1443: Mr. CUMMINGS. for first responder communications, and for on Government Reform. H.R. 1471: Mr. LARSON of Connecticut and other purposes; to the Committee on Energy By Ms. JACKSON-LEE of Texas (for Mr. STARK. and Commerce, and in addition to the Com- herself and Mr. MEEKS of New York): H.R. 1510: Mrs. NORTHUP. mittee on Homeland Security, for a period to H. Con. Res. 270. Concurrent resolution ex- H.R. 1561: Mr. LARSEN of Washington, Mr. be subsequently determined by the Speaker, pressing the sense of the Congress to honor PETERSON of Minnesota, and Mr. SOUDER. in each case for consideration of such provi- those in Pakistan who lost their lives as a H.R. 1591: Mr. EVANS. sions as fall within the jurisdiction of the result of the earthquake that affected South H.R. 1592: Mr. EVANS. committee concerned. Asia on October 8, 2005; to the Committee on H.R. 1633: Mr. PLATTS. By Mr. POE: International Relations. H.R. 1723: Mr. CONYERS. H.R. 4120. A bill to eliminate the Western By Mr. MEEKS of New York (for him- H.R. 1736: Mr. SHAYS. Hemisphere travel exception by requiring a self, Mr. RANGEL, Mrs. JONES of Ohio, H.R. 1973: Mr. HYDE. passport for all travel into and out of the Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 1994: Mr. MARKEY and Ms. CARSON. United States and to require the Secretary Ms. NORTON, Ms. MILLENDER-MCDON- H.R. 2012: Mr. SHIMKUS. of State to endeavor to persuade all coun- ALD, Mr. CONYERS, Mr. SCOTT of Vir- H.R. 2014: Mr. GARY G. MILLER of Cali- tries to issue machine-readable passports ginia, Mr. WATT, Mr. ABERCROMBIE, fornia, Ms. BERKLEY, and Mrs. BONO. that comply with a uniform document iden- Mr. SCOTT of Georgia, Mr. FILNER, H.R. 2112: Mr. BURTON of Indiana and Mr. tifying standard; to the Committee on the Mr. MCDERMOTT, Mr. MCNULTY, Mr. HULSHOF. Judiciary, and in addition to the Committees LEWIS of Georgia, Mr. BISHOP of Geor- H.R. 2134: Mr. MCGOVERN, Mr. LARSEN of on Homeland Security, and International Re- gia, and Ms. WASSERMAN SCHULTZ): Washington, and Mr. THOMPSON of Mis- lations, for a period to be subsequently de- H. Con. Res. 271. Concurrent resolution sissippi. termined by the Speaker, in each case for honoring the life and accomplishments of H.R. 2177: Mr. Strickland, Mr. MICHAUD, consideration of such provisions as fall with- Judge Constance Baker Motley and recog- and Mr. SWEENEY. in the jurisdiction of the committee con- nizing her as a symbol of hope and inspira- H.R. 2211: Mr. INGLIS of South Carolina and cerned. tion for all men and women; to the Com- Mr. PITTS. By Mr. SODREL: mittee on the Judiciary. H.R. 2231: Mr. ALLEN, Mr. LYNCH, Mr. RUSH, H.R. 4121. A bill to amend title 10, United By Mr. WEXLER (for himself and Ms. Ms. CORRINE BROWN of Florida, Mrs. DAVIS of States Code, to extend military commissary HARRIS): California, Mr. HEFLEY, Mr. HONDA, Mr. and exchange store privileges to veterans H. Con. Res. 272. Concurrent resolution ex- MICHAUD, Mr. BURTON of Indiana, Mr. HINO- with a compensable service-connected dis- pressing support for the current standards of JOSA, Ms. LEE, and Mr. SIMMONS.

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H.R. 2257: Mr. WEXLER and Mr. BRADY of H.R. 3476: Mr. GILCHREST. fornia, Ms. WASSERMAN SCHULTZ, Ms. KIL- Texas. H.R. 3478: Mr. HOLT. PATRICK of Michigan, Mr. SERRANO, Mr. H.R. 2317: Mr. WELDON of Pennsylvania and H.R. 3532: Mr. MCCOTTER. ABERCROMBIE, Mr. FILNER, and Mr. KENNEDY Mrs. DAVIS of California. H.R. 3546: Mr. WEXLER. of Rhode Island. H.R. 2327: Mr. ENGEL. H.R. 3561: Mr. MEEK of Florida and Ms. H.R. 4063: Mrs. BLACKBURN, Mr. CLAY, Mr. H.R. 2356: Mr. WALSH, Mr. NADLER, Mrs. DELAURO. VAN HOLLEN, Mr. COOPER, Mr. MCNULTY, Mr. NAPOLITANO, Mr. BROWN of South Carolina, H.R. 3604: Mr. BERMAN. ISRAEL, Mr. RANGEL, Mr. LAHOOD, Mr. PRICE and Mr. WILSON of South Carolina. H.R. 3617: Mr. SESSIONS. of North Carolina, Mr. HIGGINS, Mr. BOS- H.R. 2359: Mr. OWENS. H.R. 3638: Mr. KUHL of New York. WELL, Mr. DUNCAN, Mr. MENENDEZ, Mr. KING H.R. 2389: Ms. GRANGER. H.R. 3644: Mr. JOHNSON of Illinois. of New York, and Mr. WHITFIELD. H.R. 2412: Mr. CONYERS. H.R. 3662: Mr. OLVER. H.R. 4079: Mr. BEAUPREZ and Mr. GINGREY. H.R. 2471: Mr. SIMPSON. H.R. 3698: Mr. BRADY of Pennsylvania and H. Con. Res. 172: Mr. LEVIN. H.R. 2669: Mr. ALLEN, Mr. BRADY of Penn- Mrs. JONES of Ohio. H. Con. Res. 179: Mr. LIPINSKI. LYBURN YAN sylvania, Mr. C , and Mr. R of H.R. 3758: Mr. CONYERS. H. Con. Res. 210: Mr. POMBO, Mr. BLU- ILLER RI Ohio. H.R. 3778: Mr. M of Florida, Mr. G - MENAUER, Mr. BOUCHER, Mr. LINCOLN DIAZ- H.R. 2679: Mr. JINDAL. JALVA ARRIS ONDA , Ms. H , and Mr. H . BALART of Florida, Mr. PICKERING, Mr. H.R. 2727: Mr. BRADY of Pennsylvania. H.R. 3796: Mr. FATTAH and Mr. LYNCH. RADANOVICH, Mr. GOHMERT, Ms. JACKSON-LEE H.R. 2835: Mr. THOMPSON of Mississippi and H.R. 3810: Mr. SOUDER. of Texas, and Mrs. BLACKBURN. Mr. ALLEN. H.R. 3860: Mrs. MYRICK. H. Con. Res. 228: Mrs. JO ANN DAVIS of Vir- H.R. 2861: Mr. DUNCAN. H.R. 3870: Mr. PAUL. ginia and Mr. HINOJOSA. H.R. 2872: Mr. CONYERS, Mr. SOUDER, Mr. H.R. 3889: Mrs. WILSON of New Mexico and H. Con. Res. 230: Mr. HALL. DOYLE, Mr. FOSSELLA, Mr. ROSS, and Mr. Mr. CAMP. H. Con. Res. 231: Mr. LAHOOD. LIPINSKI. H.R. 3903: Mr. BEAUPREZ and Mr. AKIN. H. Con. Res. 254: Mr. ROTHMAN and Ms. H.R. 2926: Mr. PRICE of North Carolina. H.R. 3904: Mr. BEAUPREZ and Mr. AKIN. WASSERMAN SCHULTZ. H.R. 2928: Mr. ETHERIDGE. H.R. 3906: Mr. BEAUPREZ and Mr. AKIN. H.R. 3063: Mr. SCOTT of Virginia, Mr. H.R. 3922: Mr. JINDAL, Mr. SKELTON, Mr. H. Con. Res. 260: Mr. SMITH of New Jersey, BRADY of Pennsylvania, Ms. SCHWARTZ of ABERCROMBIE, and Mr. CLEAVER. Mr. RANGEL, Mr. ISRAEL, Mr. SHERMAN, and Pennsylvania, Mr. BERMAN, and Mr. DOG- H.R. 3940: Mr. BRADY of Pennsylvania. Mr. WEXLER. GETT. H.R. 3949: Mr. HALL, Mr. MCNULTY, and Mr. H. Con. Res. 265: Mr. KOLBE. H.R. 3127: Mr. OWENS, Mr. TAYLOR of North HEFLEY. H. Res. 137: Mr. BEAUPREZ, Mr. BRADY of Carolina, Mr. ROTHMAN, Mr. LYNCH, and Ms. H.R. 3952: Mr. SCOTT of Georgia. Texas, Mr. MCINTYRE, Mr. AKIN, and Mr. ESHOO. H.R. 3960: Mr. PUTNAM, Mr. BOEHNER, and GOHMERT. H.R. 3137: Mr. HALL, Mr. ROGERS of Ala- Mr. HERGER. H. Res. 215: Mrs. MUSGRAVE. bama, Mr. FEENEY, Mr. GERLACH, Mr. THORN- H.R. 3966: Mr. MOORE of Kansas. H. Res. 458: Mr. HOLT and Mr. CASE. BERRY, and Mr. SOUDER. H.R. 4011: Mr. CLAY and Mr. LEWIS of Geor- H. Res. 479: Mr. BERMAN, Mr. CONYERS, Mr. H.R. 3151: Mr. STARK, Ms. WASSERMAN gia. ENGEL, Mr. MCGOVERN, Mr. MCNULTY, Mrs. SCHULTZ, and Mr. RUPPERSBERGER. H.R. 4015: Mr. PETERSON of Minnesota and MALONEY, Mr. PALLONE, Mr. KIRK, and Mr. H.R. 3157: Ms. KILPATRIK of Michigan. Ms. EDDIE BERNICE JOHNSON of Texas. SMITH of New Jersey. H.R. 3296: Mr. FATTAH. H.R. 4032: Mr. CARTER, Mr. ADERHOLT, Mr. H. Res. 483: Mr. MCGOVERN. H.R. 3312: Mr. UDALL of Colorado. GARRETT of New Jersey, and Mr. GOODE. H. Res. 485: Mr. LEVIN and Mr. BERRY. H.R. 3334: Mr. PUTNAM, Mr. BUTTERFIELD, H.R. 4033: Mrs. DAVIS of California and Mr. H. Res. 488: Mr. SIMMONS. Mr. JACKSON of Illinois, and Ms. ZOE LOF- NORWOOD. GREN of California. H.R. 4034: Mr. BURTON of Indiana and Mr. f H.R. 3369: Mr. BRADY of Pennsylvania, Mr. HOEKSTRA. ABERCROMBIE, and Ms. SCHWARTZ of Pennsyl- H.R. 4035: Mr. MILLER of Florida. vania. H.R. 4044: Mr. REYES. DELETIONS OF SPONSORS FROM H.R. 3373: Ms. WASSERMAN SCHULTZ, Mr. H.R. 4047: Mr. LOBIONDO. PUBLIC BILLS AND RESOLUTIONS PRICE of North Carolina, Mr. THORNBERRY, H.R. 4048: Mr. MENENDEZ. Under clause 7 of rule XII, sponsors Mr. CUMMINGS, and Mr. WYNN. H.R. 4062: Mr. BOUCHER, Ms. SCHAKOWSKY, were deleted from public bills and reso- H.R. 3427: Mr. SHAYS. Mr. HONDA, Mr. LANTOS, Mr. RANGEL, Mr. H.R. 3436: Mr. CONAWAY. MCDERMOTT, Mr. FRANK of Massachusetts, lutions as follows: H.R. 3459: Mr. MCINTYRE. Ms. CARSON, Mr. HINCHEY, Mrs. DAVIS of Cali- H.R. 551: Mr. FRANKS of Arizona.

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The Senate met at 9:30 a.m. and was SCHEDULE Now President Abbas and the Pales- called to order by the Honorable JOHN Mr. FRIST. Mr. President, in a few tinian Authority face the challenge of ENSIGN, a Senator from the State of minutes we will resume debate on the creating a secure and stable environ- Nevada. Transportation, Treasury, and HUD ap- ment in Gaza. It is vital, it is critical propriations bill. We had a full day yes- that they succeed. The Palestinian peo- PRAYER terday, with amendments being offered ple need to feel tangible improvements The Chaplain, Dr. Barry C. Black, of- and voted on and, therefore, we made in their everyday lives, in their daily fered the following prayer: very good progress. I believe the two welfare, and they need to see that only Let us pray. managers are looking to wrap up the peaceful dialog and negotiation can O God, most Holy, how precious and bill soon, and it is possible we could lead to a more prosperous future. steadfast is Your love. We take refuge complete action on the bill during to- While coordination between the in the shadow of Your wings and find day’s session. I strongly believe we can Israelis and Palestinians during the peace in the blessing of being Your do just that. disengagement was not ideal, it did children. We have several Senators coming to exist. Prior to the withdrawal, Israeli Your love has given us this day and the floor this morning to discuss their and Palestinian security officials the opportunities to serve. Your love amendments, and I hope the two man- worked to ensure a peaceful disengage- has provided us with challenges that agers can work with the amendment ment and to establish a basis for re- test us and make us stronger. Your sponsors or schedule those amend- turning to the roadmap. love enables us to find freedom from ments for votes. Senators should ex- Recently, however, events in the guilt and hope for our future. Help us pect votes throughout the course of the West Bank and the Gaza Strip have not to miss Your precious presence or day. As I mentioned all week, if we taken a turn for the worse. Rocket at- forget to abide in Your peace. cannot finish the bill today, we will be tacks on Israel continued to be Give the Members of this body voting on the bill tomorrow. But I launched from the Gaza Strip. In the strength for today’s journey. May they would encourage people to allow us to last 9 months, 219 Palestinians have approach challenges and opportunities finish today. died in internecine clashes. In the West with reverence and respect. We will have done, after we complete Bank city of Ramallah, Hamas has Help us all to comprehend more fully this bill, 11 appropriations bills. I claimed responsibility for abducting what it means to rest in Your love. We thank once again Chairman THAD and killing an Israeli settler after pray in Your loving Name. Amen. COCHRAN for his tremendous leadership, issuing demands for the release of Pal- estinian prisoners. This past weekend, f as well as his entire committee, in leading forth on these appropriations three Jewish settlers were killed and PLEDGE OF ALLEGIANCE bills. We do have one remaining bill, five were wounded in shootings in the West Bank. The Al Aqsa Martyr’s Bri- The Honorable JOHN ENSIGN led the the Labor-HHS appropriations bill, and Pledge of Allegiance, as follows: I plan on going to that bill following gade has claimed responsibility for the completion of the Transportation- these attacks. I pledge allegiance to the Flag of the These events threaten to derail the United States of America, and to the Repub- Treasury bill. I thank my colleagues lic for which it stands, one nation under God, for the progress we have made over the peace process and to move both sides indivisible, with liberty and justice for all. course of the week, and on all these ap- backward. We have reached a critical propriations bills. juncture in the Middle East peace proc- f ess. The Israeli disengagement from f APPOINTMENT OF ACTING Gaza offers a tremendous opportunity PRESIDENT PRO TEMPORE PRESIDENT MAHMOUD ABBAS to get the peace process and the road- map back on track. To succeed, both The PRESIDING OFFICER. The Mr. FRIST. Mr. President, on a sepa- sides must fulfill their responsibilities, clerk will please read a communication rate issue, today, several of my Senate but this requires a secure environment to the Senate from the President pro colleagues and I will be hosting Pales- tinian President Mahmoud Abbas and in order to act. tempore (Mr. STEVENS). For the Palestinians, this means end- The legislative clerk read the fol- members of his Cabinet here in the ing incitement, dismantling the ter- lowing letter: United States Capitol. I have met with President Abbas on rorist groups, and disarming the mili- U.S. SENATE, several occasions, most recently during tias. This is what I will impress on PRESIDENT PRO TEMPORE, Washington, DC, October 20, 2005. my trip to the Middle East in May and President Abbas when I meet with him To the Senate: his visit to Washington later that later today. The violence must be re- Under the provisions of rule I, paragraph 3, month a few weeks after our visit nounced, and it must end. Making of the Standing Rules of the Senate, I hereby there. progress on these issues can set the appoint the Honorable JOHN ENSIGN, a Sen- President Abbas is here to discuss stage for Israel to move forward on the ator from the State of Nevada, to perform ways to move the Middle East peace release of Palestinian prisoners and re- the duties of the Chair. process forward, and how both sides lieving restrictions on travel. TED STEVENS, can fulfill their obligations under the I commend President Abbas for his President pro tempore. roadmap. leadership. He has made measurable Mr. ENSIGN thereupon assumed the Less than 2 months ago, Israel com- progress in advancing internal reforms chair as Acting President pro tempore. pleted its disengagement of settlers in the Palestinian Authority. More is f and soldiers from all 21 settlements in clearly needed, though, and more must the Gaza Strip and four settlements in be done. RECOGNITION OF THE MAJORITY the northern West Bank. The dis- For example, the PA security forces LEADER engagement was conducted in a smooth must be reformed, unified, and given The ACTING PRESIDENT pro tem- and generally peaceful manner. This the mandate to enforce the rule of law pore. The majority leader is recog- was a bold and courageous move by and establish order in the West Bank nized. Prime Minister Ariel Sharon. and Gaza. President Abbas needs and

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

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23318 CONGRESSIONAL RECORD—SENATE October 20, 2005 deserves our continued support, and as we move into the new BioShield bill, In addition, we are expanding the the Congress has provided the funding which has been put together by Sen- training facilities so that as we move to help the Palestinian people and ator BURR from North Carolina. He has into the later years, we will be able to make reform a reality. done such an extraordinary job. This train more than 1,500 agents a year. My The United States remains com- bill did make major initiatives in the goal—and I believe the goal of other mitted to President Bush’s vision of area of trying to fight the use of a members of the committee, some of two democratic states, Israel and Pal- weapon of mass destruction and get- whom are in the Chamber today—is to estine, living side by side in peace and ting prepared to deal with that type of be training approximately 2,000 new security. We will continue to work a threat. agents every year, until we get to 10,000 with both parties to fulfill their obliga- The second major threat we deter- new agents from the baseline of about tions under the roadmap toward a true mined was the porousness of our bor- 10,000. So we will have essentially a and lasting peace. ders. The simple fact is too many peo- force we have doubled. Mr. President, I yield the floor. ple are coming into this country today But as you double the force of agents, The ACTING PRESIDENT pro tem- whom we don’t know, and they are you also have to double the infrastruc- pore. The Senator from New Hamp- coming in illegally. Not only that, but ture that supports them, or dramati- shire. we don’t know, when people come cally increase it, anyway. So this bill Mr. GREGG. Mr. President, I ask across the border legally, who they are also addresses that. It builds new fa- unanimous consent to proceed as in and what their purposes are and wheth- cilities. And especially it addresses the morning business for 5 minutes. er they may be wanting to cause us issue of detention, which is a critical The ACTING PRESIDENT pro tem- harm. issue for us because we simply know pore. Without objection, it is so or- We have two major problems. We today that as we catch people who dered. have the problem relative to people. In come into our country who are not addition, we have the problem relative Mr. GREGG. Mr. President, I appre- Mexican and whose purposes we don’t to cargo. The fact is, our ports of entry ciate the courtesy of the Senator from know but who we know are here ille- are basically open to allowing in cargo Michigan. gally, we are not able to detain them. that may be a threat to us, cargo which f We are not able to send them back to might have in it a weapon which might their country of origin because we do SECURING OUR BORDERS be used against us. not have the capacity to do so. This So this bill reallocated resources, and Mr. GREGG. Mr. President, I rise to bill, again, tries to address that issue we made some very difficult decisions. speak briefly to highlight again the and does so in a fairly aggressive way, We took significant resources from Homeland Security bill, which this adding, when coupled with the supple- body passed and the House passed and other accounts, where it could argu- ably be claimed they were needed, but mental, approximately 2,000 new beds the President signed this week. I think to detention capability, getting us over it is important when we do something we decided, in the elements of priority, it was more important to move the 20,000 beds in detention capability. Our that is substantive and addresses what goal—and we are on this path now—is I see—and I think most people see—as funds into the border issues and move those dollars to the border. to be sure that we can detain every- a very significant issue for our Nation, We expanded—working in the context body who comes into this country ille- which is controlling our borders, we of a continuum because we had done a gally and we catch who is not Mexican should talk about it a little bit so the supplemental earlier which attempted and be able to send those people back people understand what we did because to address the same issues as part of a to where they came from because those in the activities that so dominate the package—working as a theme, the people may be a significant threat to daily news—whether it is a hurricane issue of protecting our borders and us as a nation. or the issues in relation to a Supreme making them more secure. We did this We are making progress. The Con- Court nominee—things that are mov- by significantly expanding the number gress and the President have made a ing in the right direction tend to get of feet on the ground because when you commitment to significantly increase lost. But what is moving in the right come right down to it, it is how many our capacity to protect our borders. We direction right now is our attempts as people you have on the borders looking recognize that there is a porousness a nation, with the President’s leader- for people who are trying to come among our borders, and we have ship and this Congress’s aggressive- across the borders illegally which de- stepped up, in an attempt to try to ad- ness, in the area of trying to control termines whether you are going to be dress that, by dramatically expanding our borders. successful in stopping those people. the resources we are putting on the The Homeland Security appropria- So we expanded by 15 percent, ap- borders and dramatically expanding tions bill—and I have the good fortune proximately, the number of Border Pa- the support facilities for those border to chair the Homeland Security Sub- trol agents. Now, this is only a step in agents who are there. committee and the ranking member is the right direction, but it is a fairly There are other issues that we still Senator BYRD—I do not think of him as significant step. Some would say: Why need to address: Specifically, our com- the ranking member; quite honestly, I didn’t you put even more Border Patrol puter capability as to how we track think of him as the senior member—is agents into the system? Well, quite legal people who come into the country a bill that is structured around the honestly, the system cannot handle it. and our capacity to have the various theory that we should address threat. We do not have the training capacity computer systems which are able to It was a unique approach to an appro- to train more than about 1,500 Border track people—the FBI system at IAFIS priations bill because it is a unique Patrol agents every year. Unfortu- and the US–VISIT system set up by issue. Most appropriations bills take on nately, it is very hard to find people to Customs and Immigration—be able to a variety of different questions and the do this job who meet the qualifications communicate in a way which makes it management of the Government and we have because the qualifications are possible for us to identify somebody how the Government is functioning. very high and the people who do this coming into this country who might But we decided to do the bill based on job of serving in our Border Patrol have a criminal record or for purposes a theme, to be quite honest. The theme agency are individuals who are highly which we believe could harm our Na- we tried to address was: What is the sought after by other agencies and tion or individuals in our Nation. threat? And how can we best address they are people who have other oppor- There is a long way to go in that it? tunities. To attract them into the Bor- area. We intend to continue to focus a We concluded that the prime threats der Patrol agency is a challenge. Find- great deal of energy and resources on are, No. 1, the use of a weapon of mass ing people is a challenge. But we have that also. I intend to hold hearings spe- destruction against our Nation. I in- put in the pipeline now the dollars nec- cifically on that point because I am tend to talk about that issue later on essary to add 1,500 new agents. very concerned about it. This bill,

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23319 which passed the Senate and passed the CONGRATULATIONS TO THE HOUSTON ASTROS can to enforce our trade laws so that House and was signed by the President On a personal note, I conclude by we have the opportunity to be export- this week, called the Homeland Secu- saying our congratulations to the ing our products and not our jobs. rity appropriations bill, was a signifi- Houston Astros, who are a magnificent That should be the goal of all of us. cant step in the right direction toward team. They did well. We are looking I appreciate the fact that there is a making our borders more secure. It is a forward to a great battle between them willingness to support my amendment. step which should be acknowledged and the White Sox, a central time zone The PRESIDING OFFICER. The Sen- and, therefore, I wanted to come to the World Series which many of us in the ator from Missouri. floor to note it again. heartland think is going to be good. Mr. BOND. Madam President, I thank I thank the Chair and the Senator The St. Louis Cardinals were magnifi- my colleague from Michigan. We from Michigan for her courtesy. cent for over 100 games. But Busch Sta- worked with her on her original f dium, twice now, has failed us in Octo- amendment. I think this amendment is ber. We are going forward today, blow- now a good amendment. Obviously, the RESERVATION OF LEADER TIME ing up the stadium, and I wish I were objective is one that we all share, and The PRESIDING OFFICER (Ms. MUR- there to participate. But I wish my col- I believe with this modification, the KOWSKI). Under the previous order, the leagues the best, and we are ready to concept that my colleague has put leadership time is reserved. go. forth is a good one. We are willing to The PRESIDING OFFICER. The Sen- f accept it on this side. ator from Michigan. The PRESIDING OFFICER. The Sen- TRANSPORTATION, TREASURY, AMENDMENT NO. 2149 ator from Washington. THE JUDICIARY, HOUSING AND Ms. STABENOW. Madam President, I Mrs. MURRAY. Madam President, URBAN DEVELOPMENT, AND RE- send an amendment to the desk and this amendment is acceptable on our LATED AGENCIES APPROPRIA- ask for its immediate consideration. side as well. We are ready to go forward TIONS ACT, 2006 The PRESIDING OFFICER. Without at this time. The PRESIDING OFFICER. Under objection, the pending amendments are The PRESIDING OFFICER. The the previous order, the Senate will re- set aside. The clerk will report. question is on agreeing to amendment sume consideration of H.R. 3058, which The legislative clerk read as follows: No. 2149. the clerk will report. The Senator from Michigan [Ms. STABE- The amendment (No. 2149) was agreed The legislative clerk read as follows: NOW] proposes an amendment numbered 2149. to. A bill (H.R. 3058) making appropriations Ms. STABENOW. Madam President, I Mr. BOND. Madam President, I move for the Departments of Transportation, ask unanimous consent that reading of to reconsider the vote. Treasury, and Housing and Urban Develop- the amendment be dispensed with. Mrs. MURRAY. I move to lay that ment, the Judiciary, District of Columbia, The PRESIDING OFFICER. Without motion on the table. and independent agencies for the fiscal year objection, it is so ordered. The motion to lay on the table was ending September 30, 2006, and for other pur- The amendment is as follows: poses. agreed to. (Purpose: To provide resources to the Admin- Pending: Ms. STABENOW. Madam President, istration so that the Administration can if there is not someone else wishing to Reed amendment No. 2077, to provide for enforce existing trade agreements and obli- appropriations for the Low-Income Home En- gations related to trade violations involv- speak, I will expand on what is hap- ergy Assistance Program. ing currency manipulation, counterfeiting pening as it relates to Michigan now Dorgan amendment No. 2133, to restrict en- of manufactured products, and pirating of and why this is so important as an forcement of the Cuban Assets Control Regu- intellectual property) amendment. lations with respect to travel to Cuba. On page 277, line 18, strike ‘‘activities;’’ I thank colleagues for working with The PRESIDING OFFICER. The Sen- and insert the following: ‘‘activities; pursu- us and helping us to modify the amend- ator from Missouri. ant to section 3004(b) of the Exchange Rates ment and to accept it today. Mr. BOND. Madam President, my col- and International Economic Policy Coordi- What is important for all of us, but nation Act of 1988 (22 U.S.C. 5304(b)), not to particularly in Michigan now, as we league from Michigan has an amend- exceed $1,000,000 is for the Secretary of the ment that is a good amendment. Let Treasury, in conjunction with the President, are the heart and soul of manufac- me say that my colleague from Wash- to implement said subsection as it pertains turing, is, as we see our President, our ington, Senator MURRAY, and I are hop- to Governments and trade violations involv- Secretary of Treasury, moving forward ing to finish business today. I know ing currency manipulation and other trade in discussions with China and Japan— there are a number of amendments out violations;’’. the President is going next month to there that people wish to bring up. We Ms. STABENOW. Madam President, I China and Japan—that we send with have been able to accept a significant rise to thank both our distinguished him the strongest possible support, number of them. If you have an amend- chairman of this subcommittee, Sen- which this amendment does, for us say- ment pending, please come down this ator BOND, and distinguished ranking ing we need to enforce all of our trade morning and talk to us. I hope we will member, Senator MURRAY, for their laws. We need to make sure we are lev- stay around however long it takes to leadership on this important bill and eling the playing field, and we are giv- finish up all of these matters and have for their words of support for my ing every possible fair advantage to a final vote. This bill has to go to con- amendment. American workers and to businesses. ference, if we are to provide 2006 appro- This amendment addresses the need Unfortunately, we have our trading priations for the very important agen- to make sure that we are enforcing our partners—some of our trading partners cies covered by this legislation. This is trade laws so that we have a level play- right now—who are, in fact, violating going to be a difficult bill to con- ing field for businesses and workers in our trade laws which is costing us jobs ference, and we must have this bill fin- America with all of our trading part- at home, especially in the great State ished, ready for the floor, I would hope ners. It designates and authorizes a of Michigan. This amendment will send before the end of this month so that specific amount of money that would a very important message that we they can get out from under a con- allow us to do that. want things like illegal trade practices tinuing resolution. But we must get it In my home State of Michigan, this regarding currency manipulation to finished before Thanksgiving. It is vi- is absolutely critical for us right now, stop. tally important. I urge Members to as we see all of the challenges in the The President’s upcoming trip is a come to the floor. If they don’t want to international marketplace. We need to very important time. Currently, Chi- act on all of their amendments, that make sure that we are giving every nese and Japanese trade policies are will be fine with us. We need to get this business, every worker, a level playing costing us jobs, including our middle- bill finished. field, and we are doing everything we class families, because of the fact that

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23320 CONGRESSIONAL RECORD—SENATE October 20, 2005 they peg their currency in a way that have a disadvantage in the market- of those trade policies. We have to means it costs us more to sell to them place and to lose jobs. tackle the cost of health care and than it costs them to sell to us. In my I believe so strongly about what change the way we do it to get it off State, I have heard from so many busi- needs to happen as it relates to manu- the backs of our businesses. And we nesses saying that the cost differential facturers. I have concerns when I hear have to make sure that people who has made a huge difference in their comments such as: We are not going to have worked all their lives and pay being able to successfully compete on be able to manufacture anymore. We into a pension will be able to have that bids for contracts or to sell their prod- will have to do something else. when they retire. ucts. We know that has been hap- An economy has to be based on mak- I thank my colleagues, again, and I pening, and we need to stop it. We need ing things, creating things, not just a yield the floor. to enforce our trade laws. service economy. We have to have a The PRESIDING OFFICER. The Sen- We also need to crack down on the foundation based on manufacturing. ator from Missouri. counterfeiting of American manufac- Has manufacturing changed? Of course, GLOBAL WAR ON TERRORISM tured goods. We need to stop the it has. I invite any colleague to come Mr. BOND. Madam President, I will pirating of intellectual property. We join me on any plant floor, and they take a few minutes to talk about some have the great brainpower. We are de- will see something that is clean and events that are extremely important— veloping all the new ideas and the new quiet and computerized, with highly not on this bill—but I think it is im- patents. It is not right—in fact, it is il- skilled workers. Of course, it has portant to follow up some excellent re- legal—for other countries to be able to changed. Of course, it is high tech. But marks made by my colleagues from take that information and make prod- it is still there, and it needs to be Colorado and South Carolina yester- ucts that compete and undercut us and there. If we are not serious about en- day—I have a great professional and cost us jobs. forcing our trade laws, creating the personal interest in it—and that is to Last week, Delphi, which is our Na- right kind of trade laws, we are going recognize a milestone in a very signifi- tion’s largest autoparts supplier, de- to lose it and our way of life. That is cant event in the global war on terror, clared bankruptcy, threatening 15,000 not acceptable. That is why there is the war against Islamofascism. jobs in Michigan and more than 33,000 nothing more important to me than This is extremely significant, and yet across the country. In terms of assets, fighting for our jobs and our manufac- I do not believe the media has given it this bankruptcy is the largest ever in turers and making sure that we main- the attention it deserves. The mile- the United States, surpassing the reor- tain the high standard of living that stone is an achievement that the world ganizations of Kmart and WorldCom. has created this great country. That is would not have thought possible 2 The Delphi bankruptcy should serve as what this is all about. years ago, and it occurred this past a wake-up call to all of us in the Con- Let me mention one area that is so Saturday, on October 15, as the people gress, in the administration, and in the important to Delphi. That is the area of a free Iraq voted in a national ref- country, to the fact that we can no of counterfeit autoparts. We know that erendum on their national constitu- longer tolerate unfair trade practices right now, according to our auto sup- tion. This is a significant milestone no and that we need to tackle the cost of pliers nationally, we are losing $12 bil- matter the outcome of the vote, the health care and what is happening on lion every year to counterfeit auto- people of a free Iraq have voted on a pensions and make sure our workers do parts. That equates to about 200,000 framework of a nation. That is a sig- not lose their pensions in the process of jobs. We need to say in the strongest nificant milestone against tyranny in all of this happening. possible terms that we expect that to our time. Unless we put a stop to the unfair stop. It is a jobs issue. It is a safety It is my hope that the constitution trade practices, our economy will con- issue. It needs to stop. We can do that. will pass, and years from now the peo- tinue to spiral downward, and I believe We are not in a weak or hopeless situa- ple of Iraq and their children and we are in jeopardy of losing our way of tion. We have the ability to stand up, grandchildren will know that this was life. I don’t say that lightly. I don’t say to say to our trading partners: It is not a time when the nation was founded in that to be melodramatic. But when we acceptable. We will use every tool pos- freedom, similar to our forefathers, have people working at Delphi being sible to stop counterfeit autoparts. We who were children in 1776, told their told that now in order to compete will use every tool possible to stop cur- children and grandchildren after them. internationally, they have to take pos- rency manipulation, to stop the steal- The vote on the referendum occurred sibly a 63-percent pay cut—that has ing of our patents. with surprisingly little violence. It been in the news, possibly a 63-percent That is what my amendment address- drew an encouraging voter turnout. pay cut—we are not talking about just es, sending that word and—not just a This proves that the Iraqi people and cutting back on wages. We are talking word—creating an action. We are be- U.S. forces continue to make great about changing one’s entire way of life. yond just talk. We have to have action strides toward peace and toward de- In the great State of Michigan we because every day we do not have ac- feating both terrorists and insurgents make things and we grow things, and tion, the great people in my State are in Iraq. I say terrorists and insurgents we do it very well. We have been at the under the threat of losing their jobs, because both are active in Iraq, and forefront of the economic engine of our their pension, and their way of life. they are distinct groups. While there country, just as all manufacturing has I thank my colleagues again for sup- remains some Sunni Baathists who been. But if we are going to say it is porting this amendment. We are at a would like to bring back Saddam and acceptable now for people to make $10 place in time, in the history of the who could generally be called insur- an hour and that somehow we can’t country where we have to take very se- gents, there is an ever-growing number help it, we are going to lose manufac- riously what is happening to our great of terrorists flooding into Iraq to fight turing in this country, and we are not industries that have created the ability what they see as the ultimate jihad, looking at what we can do to save our for folks to have a good standard of liv- legitimated by their extremist inter- way of life. ing, to have the home and the car, in pretation of Islam. Iraq has become We have to say that every trade my great State the cottage up north, their Armageddon, as will become evi- agreement is one that creates a race the boat, to send the kids to college, dent from my remarks in a few mo- up, not a race down, and that we are and pay into a pension all their life and ments, and they are simply terrorists. going to enforce every trade agree- know it is going to be there. With regard to the referendum, I ment. We are going to make sure other That is what is threatened today in commend U.S. Ambassador Khalilzad countries are not stealing our patents, our country by policies that don’t get for his tenacity and efforts in the con- are not creating counterfeit parts, are it. We have to have trade policies that stitutional process in his final days not manipulating their currency or work for American jobs and American leading up to the referendum that en- doing other things that cause us to workers. We have to have enforcement abled Sunni, Shi’a, and Kurds to come

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23321 together for a vote. Early reporting in- tors see daily. Bombings and body bags are media. And while he doesn’t object to dicates the constitution will pass, but tragic. But they do not reflect failure. Rath- beheadings on any moral grounds, he we have to wait until all the votes are er, they represent the sacrifice that both notes ‘‘a bullet to the head’’ is more ef- counted to make the final call. I be- Iraqis and Americans have made for security ficient and doesn’t invite such negative and democracy. The referendum, refugee re- press. He references Algerian brethren lieve the constitution’s passage will turn, real estate and investment show much deal a heavy blow to the Sunni more accurately—and objectively—Iraq’s who are with him who worry that the Baathist insurgents who are waging an slow and steady progress. war in Iraq could go the way of the Al- ‘‘all or nothing’’ fight to regain control Madam President, I will insert that gerian jihad in the late nineties when the radicals lost their support among of Iraq. It now seems more clear than article in the RECORD because that ex- ever that the insurgents have to join in actly reflects the views of the young the general Muslim population due to the political process if they are going men and women I know who are serv- their brutal acts of torture. In addition, although Zawahiri de- to have any hope of a future in main- ing in Iraq. They see our national tele- scribes the Shi’a as ‘‘cooperating with stream Iraqi civil and political society. vision too often focuses on ‘‘if it bleeds, the enemies of Islam,’’ he criticizes While I am pleased to see some mod- it leads.’’ If there is a tragic loss of an erate Sunni elements joining the polit- Zarqawi for attacking the Iraqi Shi’a American life, that is the only head- in ways that will hurt al-Qaida in the ical process, we must be watchful of line, nothing about the progress. But violent groups that may try to expand media, and he recommends Zarqawi there is progress being made, and this avoid opening too many fronts in the their sphere of influence by estab- election showed it. lishing political platforms in order to jihad. My satisfaction with the progress in He also stresses that political war- legitimize their sinister ideologies. We Iraq is not without reservation. I bring have seen this happen before in other fare is needed in order to draw in the to my colleagues’ attention a signifi- social elites to support their push for areas of the world, such as Sinn Fein in cant event with positive and negative the Irish Republican Army. As the say- an Islamic extremist state. implications. This is the intercept of a In effect, Zawahiri recommends that ing goes: Fool me once, shame on you; letter written on July 9 by Osama bin the wolf put on sheep’s clothing in fool me twice, shame on me. Laden’s principal deputy, Ayman al- order to mask the wolf’s true brutality. Let us not be shamed by militants Zawahiri, to al-Qaida’s foremost lieu- To me this is troubling because it illus- who momentarily trade in black hand- tenant on the ground in Iraq, Abu trates that we are at war with an kerchiefs that hide their faces for fine Mus’ab al-Zarqawi. The letter was ob- enemy who is astute, deceptive, and suits simply to gain a stake in the po- tained by U.S. forces in a raid in Iraq wise in the ways of the world and the litical power of their nation. this summer but only released by the American media and its ability to in- Critics of this administration, along Government on October 11 in order to fluence American public opinion. It un- with other naysayers, are convinced avoid the compromise of ongoing oper- derscores that this enemy cannot be that several of the constitution’s provi- ations. negotiated with and will never reform sions are politically divisive because The letter provides a broad look at its way or be deterred from its path of they grant the Kurds and Shi’a unfair al-Qaida’s global strategy and plans for violence. The only option we have with advantages over the Sunnis regarding operation Iraq. The letter underscores such an enemy, according to what we Iraq’s oil and other resources. I note that al-Qaida will not relent in pur- have seen, who want to slaughter that our very own United States oper- suing its Sunni extremist agenda and American women, men, and children, is ated under the Articles of Confed- reveals that al-Qaida views its jihad in to eliminate it. There is no other eration for about 7 years, until we were Iraq as the focal point in its efforts to choice. That is why we must flush the able to draft and ratify a constitution, create an extremist global ‘‘caliphate.’’ terrorists out and hunt them down. and that Constitution has been modi- President Bush has rightly called There are some notable positives in fied, and significantly so, over the this Islamofascism. This is a war that Zawahiri’s letter. The letter dem- years. will go on even after Iraq is stable. onstrates that America’s efforts in the We are often too impatient in our Zawahiri writes to Zarqawi: war on terrorism have been effective in fast-paced, modern world, but let us God has blessed you and your brothers, hurting al-Qaida and in disrupting its not forget that democracy takes time while many of the Muslim mujahedin have ability to attack the United States and and requires patient, deliberate action. longed for that blessing . . . and that (bless- its interests. Zawahiri’s statements re- Until Iraq’s liberation in April 2003, ing) is Jihad in the heart of the Islamic veal that due to the pressure he feels in Iraq suffered under a ruthless dictator world . . . he has blessed you with the splen- areas around him, he cannot depart his dor of the spearhead of Jihad. whose kleptocratic regime offered its remote location, a location so remote people little more than fear and terror. Zawahiri’s recipe for creating this that he complains of a lack of access to Now, for the first time in over 30 years, Sunni extremist state is in this order: contemporary news reporting on Iraq. we can say that the Iraqi people are evict the Americans from Iraq, create He also reveals that he is running out courageously embarking on their own an Islamic extremist state in Iraq, of funds and asked Zarqawi for $100,000 journey toward political self-deter- swallow up Iraq’s neighbors, and then in order to open up new communica- mination and individual freedom, and destroy Israel. It goes on and on from tions lines that have been shut down for that I applaud them and am greatly there. due to the apprehension of al-Qaida satisfied. The letter reads like a Sunni extrem- operatives this past summer. On Tuesday of this week, the Wall ist epistle written by a father figure to Finally, he also expresses concern Street Journal had an op-ed piece by a young leader among the faithful. over Pakistani military operations in Michael Rubin of the American Enter- Zawahiri applauds Zarqawi’s enthu- the tribal area and references the cur- prise Institute. It is titled, ‘‘With Free- siasm and acts of terror that have ad- rent Pakistani Army offensive in dom Comes Politics.’’ vanced their jihad. Yet he cautions northern Waziristan. Iraqis now see the fruit of foreign invest- Zarqawi to remember the power of Well, Allah be praised. We are at a ment. A year ago in Baghdad, Iraqis drank world opinion and the subtleties of po- crossroads in the war on terror because water and soft drinks imported from neigh- litical influence and media persuasion. we are at the point where our enemy boring countries. Now they drink water bot- Similar to an expert teacher, Zawahiri believes we are about to tuck tail and tled in plants scattered across Iraq. . . . commends Zarqawi for his enthusiasm run in Iraq. But we must press on. Al- Cameras and reporters do not lie, but they and past deeds. Yet he gently persuades Qaida is convinced that America will do not always give a full perspective. Polit- ical brinkmanship devoid of context breeds him to alter his tactics toward a better abandon Iraq. Zawahiri writes that al- panic. Beheadings and blood sell copy, but do way. Qaida must begin preparing now for not accurately reflect Iraq. Political mile- Zawahiri asserts in his letter that what he likens to ‘‘the collapse of stones give a glimpse of the often-unreported while Zarqawi’s violent tactics are jus- American power in Vietnam—they ran determination that Iraqis and longtime visi- tified, they do not play well in the and left their agents.’’

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23322 CONGRESSIONAL RECORD—SENATE October 20, 2005 Running is no option. We must fight Sunni presence in the Constitutional Draft- times that. Restaurant owners spend $50,000 on. So I ask today that we continue our ing Commission. Acceding to such demands on top-of-the-line generators to keep open support for our troops who are in is not without cost. Because Iraq’s Sunni despite the frequent blackouts. In September harm’s way, for the intelligence offi- leaders are more Islamist than their Shiite 2005, there were 40 buildings nine stories or counterparts, the increased Sunni presence higher under construction in the Kurdish cials and aid workers deployed eroded the rights of Iraqi women in the con- city of Sulaymani. Five years ago, there throughout the globe in the frontlines stitution’s final draft. were none. Iraqis would not spend hundreds on the war on terror, and I ask that we Some critics still maintain that the ‘‘yes’’ of thousands of dollars on real estate if they forget not that our struggle is a fight vote may exacerbate conflict. What is needed weren’t confident that the law would protect to the death, for that is how our enemy is consensus, they say. On Sept. 26, for exam- their investment. sees it. And with every suicide bomber ple, the International Crisis Group released a Iraqis now see the fruit of foreign invest- who takes more innocent life provides, statement criticizing ‘‘a rushed constitu- ment. A year ago in Baghdad, Iraqis drank they prove to us that they are prepared tional process [that] has deepened rifts and water and soft drinks imported from neigh- hardened feelings. Without a strong U.S.-led boring countries. Now they drink water bot- to die. May we recommit ourselves to initiative to assuage Sunni Arab concerns, tled in plants scattered across Iraq. When I this fight to show the world that we the constitution is likely to fuel rather than visited a Baghdad computer shop last spring, are prepared to fight so that we, our al- dampen the insurgency.’’ This NGO be- my hosts handed me a can of Pepsi. An Ara- lies, and peace-loving peoples of the moaned the referendum as little more than bic banner across the can announced, ‘‘The world may live. an opportunity for Iraqis ‘‘to embrace a only soft drink manufactured in Iraq.’’ In Madam President, I ask unanimous weak document that lacks consensus.’’ August, a Coca-Cola executive in Istanbul consent that the article I referenced But consensus is not always possible. told me their Baghdad operation is not far called ‘‘With Freedom Comes Politics’’ Though Sunnis are perhaps 15% of Iraq’s pop- behind. Turkish investors in partnership ulation, they believe themselves to be 50%. with local Iraqis have built modern hotels in be printed in the RECORD. Any agreement acceding to their inflated Basra. There being no objection, the mate- sense of power would automatically dis- Cameras and reporters do not lie, but they rial was ordered to be printed in the enfranchise the remainder of the population. do not always give a full perspective. Polit- RECORD, as follows: With the collapse of apartheid in 1994, white ical brinkmanship devoid of context breeds WITH FREEDOM COMES POLITICS South Africans had to confront their minor- panic. Beheadings and blood sell copy, but do ity status. Iraqi Sunnis must face the same not accurately reflect Iraq. Political mile- (By Michael Rubin) reality. The process may be painful, but jus- stones give a glimpse of the often-unreported [From the Wall Street Journal, Oct. 18, 2005.] tice, democracy and long-term stability de- determination that Iraqis and longtime visi- On Oct. 15, Iraqis demonstrated that their mand it continue. tors see daily. Bombings and body bags are desire to determine the future through the Even without consensus, the constitution tragic. But they do not reflect failure. Rath- ballot box was the rule rather than the ex- represents the type of social and political er, they represent the sacrifice that both ception. Arabs, Kurds and Turkmen; Sunnis, compromise lacking through the Arab world. Iraqis and Americans have made for security Shiites and Christians—all braved threats of Members of the Constitutional Drafting and democracy. The referendum, refugee re- violence to vote. The vast majority voted in Commission and Iraqi power brokers spent turn, real estate and investment show much favor of the constitution. But whatever their months debating and canvassing constitu- more accurately—and objectively—Iraq’s positions, Iraqis considered their decision ents. Any politician living outside the U.S.- slow but steady progress. carefully. The referendum campaign was ac- controlled Green Zone—Jalal Talabani, Mr. BOND. Madam President, I sug- tive. Dueling commercials and newscasts Abdul Aziz Hakim and Ahmad Chalabi, for gest the absence of a quorum. sought to sway the Iraqi vote. Such is the example—had his parlor filled with Iraqis The PRESIDING OFFICER. The nature of politics in a country no longer sub- from different cities and of various ethnic ject to state-controlled media. and sectarian backgrounds until the early clerk will call the roll. Some read the constitution. They voted for hours of morning. These Iraqi petitioners The assistant legislative clerk pro- or against federalism. Some marked their voiced interests and demands diametrically ceeded to call the roll. ballot on the basis of how closely they opposed to each other. Consensus was not al- Mr. COBURN. Madam President, I wished religion to be mixed with govern- ways possible, but compromise was. As with ask unanimous consent that the order ment. Others did not read the document but the constitution, the nature of compromise for the quorum call be rescinded. learned about it on television, in newspapers is a result ideal to none but fair to all. The PRESIDING OFFICER. Without and even by text messaging, the latest me- The referendum result again demonstrates objection, it is so ordered. dium employed by Iraqi politicians to reach that American policy- and opinion-makers constituents. Security, rather than content, are more pessimistic than are Iraqis. Part of Mr. COBURN. I would like recogni- was a determinant for some. They voted the problem is that Pentagon officials and tion to speak. ‘‘yes’’ to avoid the chaos of failure and the journalists alike chart Iraq’s success The PRESIDING OFFICER. The Sen- prolongation of occupation. through misguided metrics. Counting car ator from Oklahoma. The referendum capped a constitutional bombs does not demonstrate progress or lack Mr. COBURN. First of all, let me drafting process over which Western com- thereof in Iraq. Objective indicators show align my words with the words from mentators and diplomats had been quick to that Iraqis have confidence that did not exist the Senator from Missouri on the war panic. They misunderstand that with free- prior to liberation. on terror. He is absolutely right. This dom comes politics. The same U.S. senators According to an Aug. 16, 2002, commentary is a war for our survival. It is focused who debated the ‘‘nuclear option’’ for judi- in the Guardian—a British newspaper that cial nominees failed to recognize political often opposes U.S. foreign policy—one in six in three or four areas in the world brinkmanship among their Iraqi counter- Iraqis had fled their country under Saddam. today, but if we don’t win, it will be in parts. Millions left because of war, dictatorship and many more areas throughout the rest Many U.S. policy makers worry that dis- sanctions. Today, several hundred thousand of the world. gruntled Sunnis may turn to violence if their have returned; only the Christians still The sacrifices are great for our men demands aren’t met. But there is no evidence leave. If Iraq were as chaotic as the media and women who are serving our coun- to support the conventional wisdom that in- implies, it would export refugees, not reset- try and those in ancillary roles, but surgent violence is tied to the political proc- tle them. that is what our country has been ess. Insurgents have not put forward any Other indicators suggest Iraqis have con- platform. By denying the legitimacy of the fidence in their future. The Iraqi dinar, free- made of—of sacrifice to preserve free- state, pan-Islamic rhetoric is a greater af- ly traded in international currency markets, dom. front to Iraqi nationalism than the presence is stable. I wish to speak first before I offer of foreign troops on Iraqi soil. It is no acci- When people fear for their future, they in- some amendments to this bill about dent that Iraqi Sunnis have started killing vest in gold; jewelry and coins can be sewn something that has been troubling me foreign jihadists. into clothes and smuggled out of the coun- and the people from Oklahoma and Nevertheless, implying violence to be the try. When people feel confident about the fu- many of the people across this country result of demands not met is an old Middle ture, they buy real estate. Property prices for a long time. The question is, Why East game. And in this game, Iraqi factions have skyrocketed across Iraq. Decrepit have played the Western media and policy houses in Sadr City, a Shiite slum on the should we be troubled? Because all makers like a fiddle. White House pressure, outskirts of Baghdad, can easily cost $45,000. change starts with a distant rumble, a for example, led U.S. officials to amend the Houses in upper-middle-class districts of rumble at the grassroots level, and if political process in order to augment the Mansour and Karrada can cost more than 20 you stop and listen today, you will

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23323 hear such a rumble right now. That choices about priorities that the Amer- AMENDMENT NO. 2084 rumble is the sound of hard-working ican people expect of us? If we don’t, (Purpose: To require that any limitation, di- Americans who are getting increas- the people certainly do. That is why rective, or earmarking contained in either ingly angry with out-of-control Gov- the House of Representatives or Senate re- there is a rumble building across this port accompanying this bill be included in ernment spending, waste, fraud, and country. The people are tired of wait- abuse. It is the sound of growing dis- the conference report or joint statement ing for us to do the right thing. They accompanying the bill in order to be con- illusionment and frustration of the know it will not happen, so they are sidered as having been approved by both American people. It is the sense of in- Houses of Congress) creasing disgust about blatant over- working at the grassroots level to get the job done themselves. Madam President, I call up amend- spending and our ability to make the ment No. 2084. tough choices people on budgets have People are working to change the The PRESIDING OFFICER. Without to make each and every day, our in- rules in States all across this country. objection, the pending amendments are ability to make priorities the No. 1 pri- A group called Americans for Limited set aside. The clerk will report. ority rather than spending our children Government is one of the groups lead- The assistant legislative clerk read and grandchildren’s future. That is a ing that charge. In my home State, as follows: rumble of frustration that is getting they are working with the local group The Senator from Oklahoma [Mr. COBURN] louder. In fact, I hear it right now. proposes an amendment numbered 2084. That is because I am listening for it. called Oklahomans in Action to put the At the appropriate place, insert the fol- We should all listen for it. If we don’t, stop overspending initiative on the bal- lot. There are similar efforts in the lowing: the voters will decide the changes that SEC. ll. Any limitation, directive, or ear- will come. And I can’t say that I blame works in Nebraska, Nevada, Maine, marking contained in either the House of them. Michigan, and dozens of other States. Representatives or Senate report accom- Politicians have been trying to buy And committees full of outraged citi- panying H.R. 3058 shall also be included in reelection by sanctioning more and zens are forming as we speak because the conference report or joint statement ac- more spending for years. Since 2000, companying H.R. 3058 in order to be consid- of our inability to control the ever- ered as having been approved by both Houses discretionary spending in this country growing appetite of the Federal Gov- outside of defense and outside of home- of Congress. ernment and the State governments. land security has grown by 33 percent, Mr. COBURN. Madam President, this and that does not include any of the The stop overspending initiative is amendment has been voted on twice in $400 billion in emergency designations simple but powerful. It puts a cap on the Senate. It has been accepted by two that have been passed by the Congress how fast governments can grow. It other subcommittee chairmen. It is a and signed by this President. We have holds the elected representatives ac- very simple amendment that the Amer- the very great prospect that the spend- countable to the same budgeting stand- ican people want. It says we ought to ing over the last 5 years and the next 3 ards that work in the real world, the know what we are voting on. When a years will be the greatest growth in standards that families, businesses, bill comes from the House, it has cer- tain earmarks and special things in it. Federal spending ever in our history in and individuals have to live by every The Senate produces a bill based on terms of percentage increase and speed day. And most importantly, the stop that bill that goes to conference, and and velocity of spending increases. And overspending initiative is a tool for we will have made it possible when we earmarks and additional things are American citizens to regain control of should have been fighting it every step placed in that bill as well as the House of the way. their State governments. I personally original earmarks. I am not here to remind us about the applaud this initiative. It comes back out in a conference re- Alaska bridge to nowhere, although I In the coming year, millions of peo- port for us to vote on, but there is no will have an amendment on that later, ple in a dozen States will be using clarity to list in that conference report or the countless earmarks and pork these initiatives to change the rules of where the earmarks, the actual items that have been directed by Members of projects that sail through this Cham- their State government and to show ber every year. Everybody knows about Congress, are going.They are in there. their State representatives and State that. Many of them are great projects, Can you dig them out? It takes about 4 senators and assembly men and women they are needed, they are necessary. days to dig them out. They just may not be in the best pri- who is really in charge. These groups This is a very simple amendment. All ority for our Nation at this time. are getting an incredible response, and it says is we ought to know what we That is what I am hearing. What I the reason why is simple: The Amer- are voting on. It is not to say the ear- am here to tell you is that the rumble ican people are absolutely furious at marks are bad or good, it is to say they against spending is getting louder. Peo- the waste, fraud, abuse, and out-of-con- ought to be out there so we can discuss ple are fed up. All across the country, trol spending they see every day, not them. If somebody has an earmark, Americans are rising up against Gov- just here in Washington but in their that Senator ought to be proud enough ernment overspending. They are tired own State government. to stand up and defend it if there is of hearing about perpetual budget cri- criticism of it. It is about good govern- ses when tax revenues keep rising fast- We need to wake up. I say let us ment, about shining a light on govern- er and faster. They are tired of the dis- change first. Let us find our will. No ment so we know in fact what we are honesty of the budget process where we more low-priority projects in the face voting on when we vote on a conference say we have a $320 billion deficit, and of half-trillion-dollar deficits, no more report on an appropriations bill. yet the debt to our children and grand- exorbitant bridges to nowhere. Speak- I have been told by the chairman children rises by $600 billion because ing of bridges, that is where this Con- that this is probably acceptable. I everything is done in an emergency gress will be, on a bridge to nowhere if await his response. At the last vote on and does not follow the appropriations we do not gain control of ourselves. this amendment it passed by 55 to 39 on the Agriculture appropriations bill. It and budget process. And if the voters finally rise up and re- They know that for every dollar of was accepted by unanimous consent to ject us as the Congress that spends too increasing tax revenues, we have, both the Military Construction bill, as well Republicans and Democrats, found a much, we will have gotten what we de- as the Department of Defense appro- way to spend another $1.25. That is the serve. You don’t need to take my word priations bill. This amendment has crisis. It is a spending crisis. It is a for it. Just take a minute and listen to been endorsed by several outside lack of oversight crisis. It is a crisis of the voices of the people we represent. groups, and it is included in ratings of our will. Do we have the willpower to They are ready to rumble. They are Congress by the American Taxpayers stop overspending, to make the hard getting louder. Are we listening? Union.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23324 CONGRESSIONAL RECORD—SENATE October 20, 2005 The PRESIDING OFFICER. The Sen- The Senator from Oklahoma [Mr. COBURN] DEPARTMENT OF HOUSING ator from Missouri. proposes an amendment numbered 2087. AND URBAN DEVELOPMENT, Mr. BOND. Madam President, we On page 348, between lines 5 and 6, insert Washington, DC, September 29, 2005. the following: Hon. TOM A. COBURN, MD, would like to consider this amendment. Chairman, Subcommittee on Federal Financial I ask it be set aside until we see how SEC. 321. LIMITATION ON FUNDING FOR CON- Management, Government Information, and the operations work with the rest of FERENCES. International Security, Committee on Home- the amendments. This may be relevant Of the funds made available for the Depart- land Security and Governmental Affairs, to the others. I ask unanimous consent ment of Housing and Development under the U.S. Senate, Washington, DC. we set this amendment aside tempo- heading ‘‘Management and Administration, DEAR MR. CHAIRMAN: On behalf of Sec- Salaries and Expenses’’ in this title, not to retary Jackson, thank you for your letter re- rarily. exceed $3,000,000 shall be available for ex- The PRESIDING OFFICER. Without questing information on conferences spon- penses related to conferences, including for sored by the Department of Housing and objection, it is so ordered. conference programs, staff time, travel Urban Development and other conferences in The Senator from Oklahoma. costs, and related expenses. which HUD has participated. AMENDMENT NO. 2087 Mr. COBURN. Madam President, this Enclosed is a report providing the amount of funding HUD has spent on conferences; a (Purpose: To limit the Department of Hous- is a very simple amendment. In the his- listing of conferences HUD has participated ing and Urban Development’s funding for tory of HUD, in 2001 they spent $3 mil- in; and an estimate of what the Department conferences) lion on conferencing. Last year they expects to be expended on conferences in Fis- Mr. COBURN. I call up amendment spent $13.9 million on conferences cal Year 2006. No. 2087 and ask the pending amend- around the country. The Department appreciates the oppor- ment be set aside. I ask unanimous consent to have tunity to provide this material to you. The PRESIDING OFFICER. Without printed in the RECORD a table showing Thank you for your interest in HUD. objection, the pending amendment is the dollar amounts spent on HUD con- Sincerely, set aside. ferences from 2002–2006. STEVEN B. NESMITH, Assistant Secretary for The clerk will report. There being no objection, the mate- Congressional and The assistant legislative clerk read rial was ordered to be printed in the Intergovernmental as follows: RECORD, as follows: Relations. HUD SPONSORED AND PAID CONFERENCES [Dollars in millions]

Estimate Actual Categories 2005 2005 2004 2003 2002 2001

Salaries & Overtime (1100) ...... $6,360,929 $6,855,877 $6,329,342 $5,517,003 $1,892,353 $837,878 Travel (2100) ...... 1,465,925 829,800 1,082,860 849,493 707,924 371,972 Rent & Communication (2300) ...... 23,930 12,819 27,007 4,340 107 4,073 Printing (2400) ...... 177,250 58,577 164,466 36,320 45,040 13,464 Contractual Services (2500) ...... 2,092,211 1,786,362 2,361,454 2,223,791 1,852,935 198,213 Office Supplies (2600) ...... 34,479 3,430 65,712 1,528 3,818 826 Equipment (3100) ...... 5,000 3,750 3,000 ...... 4,045 S&E Totals ...... 10,159,724 9,550,615 10,034,141 8,632,475 4,502,177 1,430,471 Program Funds ...... 2,200,286 4,357,678 2,636,826 292,077 1,201,532 1,730,274 Total ...... 12,360,010 13,908,293 12,670,967 8,924,967 5,703,709 3,160,745

Mr. COBURN. I also note, with the the Housing and Urban Development AMENDMENT NO. 2091 advent of modern technology and video Department. (Purpose: To prohibit any funds under the conferencing, 90 percent of these con- I urge the adoption of the amend- Act from being used for the Seattle Art ferences could have occurred without ment by unanimous consent. Museum in Seattle, Washington for the travel costs, without hotel costs, with- construction of the Olympic Sculpture out face-to-face meetings. In fact, we Mr. BOND. Madam President, we Park) didn’t use the technology available. We share the concerns of the Senator from I have an amendment numbered 2091. spent tons of money traveling around Oklahoma. I think there are more effi- I know this is important to the Sen- the country holding conferences, not cient ways for HUD to conduct its con- ator from Washington. I call it up and necessarily that were bad in their con- ferences. Therefore, on our side we ac- ask unanimous consent to set aside the tent or their intent but which were cept the amendment. pending amendment. wasteful in the way they were ar- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ranged. Also, I suggest that a 400-per- ator from Washington. objection, it is so ordered. The clerk cent increase in conferences in one will report. area, one agency of the Federal Gov- Mrs. MURRAY. Madam President, we The assistant legislative clerk read ernment, shows that either they were are able to accept this amendment on as follows: doing a very poor job in 2001, or it is our side as well. out of control. The PRESIDING OFFICER. The The Senator from Oklahoma [Mr. COBURN] This is a very simple, straight- question is on agreeing to the amend- proposes an amendment numbered 2091. forward amendment. Before Hurricanes ment. On page 348, between lines 5 and 6, insert the following: Katrina and Rita struck, 737,000 Ameri- The amendment (No. 2087) was agreed cans were identified as being homeless SEC. 321. SEATTLE ART MUSEUM. to. as reported by HUD. Earlier this None of the funds made available for the month, the Acting Director of FEMA Mr. BOND. Madam President, I move Department of Housing and Urban Develop- told the Senate committee that be- to reconsider the vote. ment under the heading ‘‘Community Devel- tween 400,000 and 600,000 displaced Mrs. MURRAY. I move to lay that opment Fund’’ in this title, shall be avail- able for the Seattle Art Museum in Seattle, households in Louisiana and Mis- motion on the table. sissippi alone will need long-term hous- Washington for the construction of the The motion to lay on the table was Olympic Sculpture Park. ing. With the problems before us today, agreed to. Mr. COBURN. Madam President, in certainly we can use the latest tech- Mr. COBURN. I thank the ranking our country today we face the largest nology and trim back the excessive member, the Senator from Washington, natural disaster we have ever seen. We growth in conferencing that is used by for that. have already allocated $62 billion for

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23325 that—which we did not pay for. It is to- We have a credit card going right I envy his ability to deliver assist- tally going to be paid for by our chil- now. We need to stand up and say cer- ance and deliver babies. We need pro- dren and our grandchildren. We will tain things we cannot do right now. fessionals of this type. That is his pro- not pay a penny of that. They are not bad ideas. It is just that fession. My profession is very different. We have a war going on for which we now is not the time. I don’t have the skills of a physician or are going to have to provide additional I ask unanimous consent this amend- an engineer or a physical scientist. My supplemental spending, of which we ment be agreed to. If not, I ask for a job, my profession, is serving the peo- will pay for none in terms of the sup- vote on this amendment at the proper ple of Missouri. And as I have said, I do plemental, which debt we will transfer time. it proudly, this being my 27th year, I to our children. One other thing I would like to say. believe. In that time, I have found that This is probably a very worthwhile Seattle, WA, is ranked No. 2 in the Na- if you listen to the people of Missouri project, but this is about priorities. I tion for food insecurity. What is more you learn a lot. You learn about the think it is probably a great project. In important, feeding people and housing needs of veterans. We have done things the State of Washington alone there people, or building a sculpture park? It nationwide to serve veterans. I have are 17,590 homeless people, and we are is hard to figure out how in the world been honored to be recognized by the going to take money from Housing and we can say that is a more important Veterans of Foreign Wars. priority and take a half million dollars Urban Development and we are going We have found out how important out of HUD and spend it on something to build a sculpture park. I think that children’s hospitals are, and we have that is such a low priority. is not the right priority. It may be a worked to help children’s hospitals. I good idea, but the priority is certainly With that, I yield the floor. The PRESIDING OFFICER. The Sen- am very grateful for the recognition out of line with what the fiscal needs from children’s hospitals, and from in- are, and certainly out of line with the ator from Missouri. Mr. BOND. Madam President, I see home health care, which is very impor- expectations of the American people on the Senator from Oklahoma has essen- tant, and from early childhood edu- how we are spending their money. tially proposed five amendments which cation, for which my initiatives have A little background: The Seattle Art all seek to do the same thing, amend- won national acclaim. Museum just received a $300,000 grant ments Nos. 2089, 2090, 2091, 2092, 2093. In addition to these matters that af- from the Getty Museum in Los Ange- These essentially are targeted at eco- fect the entire Nation, I have com- les. It is a well-established museum, nomic development initiatives. mitted myself to trying to build strong well-funded, with good assets. The I wonder if we might have a full de- communities throughout Missouri. question is not whether we should be bate on all of them and combine them building a sculpture park. The question I know the distinguished Senator into one amendment so we could spare from Oklahoma practices medicine, is, Is the time to do it today? In a time our colleagues having to have rollcall of war, in a time of deep, true budget which is a wonderful practice, and does votes on five? Through the Chair, I ask so with skill and provides a tremen- crisis, $600 billion—that is what our if the Senator from Oklahoma would real increase in Federal debt was end- dous benefit. But do you know what I voluntarily agree to that. do when we have time off? I travel ing September 30. It increased $600 bil- The PRESIDING OFFICER. The Sen- lion—should we spend half a million around the State. I meet with commu- ator from Oklahoma. nity leaders, local elected officials, dollars on a sculpture park? I think Mr. COBURN. Madam President, I concerned citizens, people who are try- not. I think most Americans would say suggest the absence of a quorum. not. I think some people who are very The PRESIDING OFFICER. The Sen- ing to build a stronger community. Do closely aligned with this museum, the ator from Missouri does have the floor they need a community health center? Seattle Art Museum, would agree with at this time. I have helped them get community that, but I think the vast number of Mr. BOND. Madam President, I will health centers. Do they need some- Americans would say now is not the be happy to talk with the Senator later thing to help create jobs? Do they have time to do that. about that. Let me continue with some projects which are properly supported I also remind our fellow Members of the comments that I have in general, by Federal funds that we make avail- that if you read the Constitution, there that are applicable to all these amend- able through the Economic Develop- are great difficulties—regardless of ments. ment Initiative? Yes, in many in- what our history has been—justifying, Within this budget, in our committee stances they are. Do they have projects looking at the Constitution and saying and other committees, we have identi- which require ground transportation this is a role for the Federal Govern- fied at the request of many Senators in which are properly funded by the rail ment. That rumble I spoke about— the States, including the State of Okla- transportation funds we have in this these are the types of things the Amer- homa, including the States of Alaska, bill? Do they need water and sewers? I ican people see that we do not need to Washington, Missouri—priorities in the have been through many small commu- spend money on, when we are asking report to be eligible for funds under the nities. I hate to tell you that you can them and their children and their Economic Development Initiatives Ac- in the summer tell by the smell that grandchildren to have a lower standard count, subject to Department review. they do not have an effective waste- of living in the future because we are My colleague, who is the author of this water treatment system. They have not responsible today. amendment, proposes that these are waited in long lines for public health It is probably a great project, but not necessarily bad. I suspect, if we looked treatment, and we have helped them now, not at this time, and not with State by State, we would have 100 dif- get the water treatment systems they Federal money. When we have so many ferent definitions of how precisely to need. This, I believe, is a legitimate people hurting in Mississippi, so many prioritize these initiatives. function of the Federal Government— people hurting in Louisiana, so many The suggestion here is that Senators deciding where the highest priorities people hurting in Alabama, we are should not have any say in what is im- are. going to take funds from them? That is portant in their States. My profession When I am up here working, I have a where it is going to come from. It is is serving the people of Missouri. I have dedicated staff back home who visits going to come from them because we been doing it for 27 years now. I do not every county in the State at least are going to spend more to pay for have the skills or the expertise that once, and many others several times a those problems that we are encoun- the author of this amendment does. He, year. I visit every county in my State tering in those three States from Hur- as I understand it, is a fine obstetri- and every city in my State every term ricanes Katrina and Rita, and we are cian. His commitment is to a high hu- I serve in office. I hear from them— going to take it away and say we are manitarian calling, serving people in leaders in the community, the people going to charge it to our grand- the obstetrics field. Certainly that is a who are concerned about the particular children. fine profession. problems and how best to solve those.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23326 CONGRESSIONAL RECORD—SENATE October 20, 2005 That is where I come back and say the agencies understand their States Mr. COBURN. Has any other appro- that from the EDI funds, from a por- better than the Senators themselves. I priations chairman ever received an tion roughly about 5 percent of the do not believe that should be the case appropriations request or earmark community development block grants, because I spend more time in the State from me from any other area? we will designate some of these high- than I do here. I travel as many miles Mr. BOND. I have no knowledge. priority needs which must be met for as I can squeeze into a schedule. Mr. COBURN. The answer to that is the good of the community and where The amendments from the Senator no. we can help meet them through the ad- from Oklahoma don’t save money. The Senator said earlier to me pri- dition of Federal funds targeted to They just say that a Senator shall not vately that this is a battle about phi- those areas. be able to determine what is a priority losophy. I agree; it is. The oath we I believe it has been successful. The need in his or her State. Do you know take has no mention of our State. The people of Missouri think it is success- something? I happen to think a Sen- oath we take is to defend the Constitu- ful. I know the Senator from Wash- ator who is doing his or her job prob- tion and do what is in the best inter- ington does the same thing. The Sen- ably has as good an idea and should ests of the country as a whole. It is a ator from Washington listens to her have a better idea of what is an impor- philosophical difference. people. She knows how to build a tant priority than some bureaucrat in I am somewhat hurt by the inference strong community in the State of HUD who will otherwise be spending that I don’t listen and I don’t travel. I Washington. I believe that is her job. I that money. traveled 4,500 miles, I have done 67 wouldn’t propose to go in and tell her Mr. COBURN. Madam President, will townhall meetings, and the biggest what is a good use of the Economic De- the Senator yield? criticism anybody ever has of me is velopment Initiative or community de- Mr. BOND. I will finish shortly and that I work too much—not too little. I velopment block grants in Washington. then I will be happy to answer ques- listen to the people of Oklahoma. The She has to answer to the people of tions. campaign promise I made to the people Washington. Far be it for me to tell her Again, I am not afraid to say that I of Oklahoma who sent me here by a 12- what is good for the State of Wash- know more about the needs of my point advantage was that I will bring ington. State than the ‘‘U.S. Department of nothing home to Oklahoma until the When the Senator from Oklahoma Anything.’’ I will be happy to be judged budget is balanced. That is the philos- asked me for something that is a high- on that. ophy the American people are looking priority project in his State, if it fits I know we ought to be reducing budg- for. There is no priority if we continue within the guidelines, I am happy to et spending. According to the Budget to steal the future of our children. help that Senator determine what is Committee, we have defeated attempts I had no idea the Ponca City Indian best in Oklahoma. But I don’t need a to waive the Budget Act and have Museum was in there. You will get an Senator from Oklahoma telling me achieved reductions and savings of amendment quickly to get that out. I what is good in Missouri or telling the some $170 billion this year alone. I have had no knowledge it was there. My sen- Senator from Washington what is good provided recommendations to our ior Senator must have put that in for the State of Washington. We be- Budget chairman for making signifi- there. I have no problems with the lieve our job is to serve and represent cant reductions. We are waiting for the same standard being applied to Okla- and listen to the people of our States. leadership and the reconciliation bill homa as it is to everyone else. I believe a vast majority of the Sen- to decide how we save money. This isn’t a water treatment pro- ators in this body know their job is to But this amendment and the others gram. This is a sculpture park. All I serve their States, whether it is a vote like it makes excellent headlines and am saying is it may be a good idea. on national legislation, whether it is a they will be welcomed by some news- There are hundreds of other things I vote on something that is very impor- paper editorials, some talk radio show would love to take the time to discuss tant to their people, whether it is na- hosts, but it would be a better headline on the Senate floor—and I will if you tional, or whether it has to do with a if the Senator were actually attacking all insist on having a debate about specific activity within their State a project in his State. If he thinks that every earmark in the appropriations that they want to support. I think that appropriations for museums is so bad, bill. I will be happy to afford the Sen- is our job. That is our profession. We what about the money in there for the ator that courtesy, and we will spend a stand for reelection based on how well Ponca City Indian Museum? Does he lot more time on appropriations bills. we serve our people. I am grateful for feel that is an appropriate priority for But what we need to talk about is the the tremendous honor and privilege I the State of Oklahoma? He can answer priorities in this country of how we get have been given by the people of Mis- that. I think that would make an even out of the financial mess we are in. souri. They know I am not a physician; better headline. Mr. BOND. Will the Senator yield? they know I am not a physical sci- But I am not interested in getting Mr. COBURN. I will be happy to yield entist, but they know I am here to headlines for something that doesn’t in a moment. serve and represent them. save money in the budget. I am more I understand the importance of Sen- The suggestion appears to be that interested in what people say, what the ators directing the bureaucracy. The none of us as Members, those of us who Cape Giradeaux Southeast Missourian problem is the bureaucracy is too big. work through our State and who listen or the Joplin Globe or the St. Joe News Instead of us doing the oversight we to the people of our State, should have Press say about what the needs are in need to be doing to control the bu- any say in what their priorities are. their State—not what somebody in reaucracy so they have a priority, we That suggests that the Senators are New York or in California says about supersede it because we don’t want to not in touch with the priorities of their the projects. I know my colleague from do the hard work of oversight, of hold- own State. I don’t believe that is true Washington surely will have something ing them accountable. We need to be generally. I know it is not true in Mis- to say about that. doing oversight. We need to be looking souri. I believe it is not true in Wash- I yield the floor. at every individual. ington. My colleague can speak to The PRESIDING OFFICER. The Sen- I will match my service as Senator, that. ator from Oklahoma. both for my constituency and my serv- It might be that some Senators are Mr. COBURN. Madam President, I ice in terms of my field representatives too busy to understand or consult with ask the Senator from Missouri a couple and the work they do. I will match my their communities. But I understand of questions. service in terms of traveling and lis- what my State’s needs are. I aggres- Has he or any of his staff ever re- tening in Oklahoma. I have been in sively consult with leaders in my ceived requests from me for any ear- every area of Oklahoma the first 9 State. It might be some Senators be- mark or any project whatsoever? months of this year—every area. I have lieve that maybe the bureaucrats at Mr. BOND. No. missed four counties.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23327 The implication that I don’t listen, but what is in the best long-term inter- cisions. If we cut all these out, they the implication that I don’t work in est of our country. will make all the decisions. They may my Senate position I take offense to. I How can anyone say today, with $600 make some good ones, they may make will tell that to the Senator from Mis- billion added to our grandchildren in some bad ones, but in Missouri, I can souri. Nobody will outwork me in my terms of debt, with a war going on, make those better than a bureaucrat. job; nobody. I will do what is necessary with Katrina going on, with a hurri- That is what we are talking about. We to do what I believe the people of Okla- cane coming to Florida, that we ought are not going to save a nickel. If any of homa sent me here to do, which is to to spend half a million building a these are agreed to, we will distinguish help turn around the ship that is going sculpture park in Washington State? I between the philosophies of service. to drown our grandchildren financially. can’t see that anybody would agree to The Senator from Oklahoma has elo- We can try to relate the sculpture that. It is a wonderful idea, but not quently stated his philosophy. He be- park to a water treatment plant, but now. There are other ways to build lieves we ought to restrain spending. everybody in the country knows there this—contributions, State funds. There And I agree: we ought to restrain is no connection between those two. is a potential that this will still get spending. The question is, How do you There are necessities of life, there are built even if we do not send money, but prioritize the spending in the budget? priorities, and actually the debate is that ought to be a priority the people That is where we have a disagreement. about priorities. It is not about wheth- of Washington State make, not that we We will have an opportunity for our er a Senator should be directing things. make, to take the Federal taxpayer colleagues to determine which philos- I haven’t said don’t direct anything. I dollars from the rest of the country ophy they agree with. Do you want the said there are earmarks that should and say we are going to do that. bureaucrats solely to make the deci- not be in this bill because they are not I yield to the Senator from Missouri. sions, or should Senators be able to in- proper at a time when we have such fi- Mr. BOND. Madam President, before fluence a small portion of those? That nancial difficulties. If we were in sur- I turn it over to the Senator from is the question, quite simply. It is not plus, I wouldn’t be here mentioning Washington, as I said to the Senator, about saving money it is about who even one of these projects, not one. But we have a difference in philosophy. I makes those decisions. We have two we are not in surplus. commended him publicly for his tre- very different philosophies. We can deny the fact that the true mendous service to Oklahoma—specifi- I have great respect for my colleague add to the debt was $.6 trillion—$600 cally the fact that he continues his from Oklahoma. He has offered a dif- billion. That is $2,000 per man, woman, practice of obstetrics. However, we ferent philosophy to his people in being elected than I have offered to my peo- and child this year that we added to have very different philosophies on how ple in Missouri who have elected me. their debt; $2,000 for every little baby I we serve our people. The ACTING PRESIDENT pro tem- If he has told the people of Oklahoma might deliver, or every grandmother I pore. The Senator from Oklahoma. might care for. how he is going to serve Oklahoma, Mr. COBURN. Mr. President, I agree To correct the Senator, I am an ob- that is fine. I have told the people of with the Senator that we ought to be stetrician but I am also an old-time Missouri how I am going to serve Mis- involved in where the money is spent. GP. I care for Medicare, I care for little souri. I believe I am living up to that. As a matter of fact, we ought to be so kids, I care for old people, nursing Now, I don’t say that he isn’t living up involved that we ought to write the home people, and I listen. I tell you in any stretch of the imagination to bills much more specifically, all the that when I practice medicine on Mon- the pledge he made to the people of way down to the job and the title. One day mornings before I come up here, I Oklahoma. What I am saying is, I am of the things we do not do—we leave get an earful. What I am hearing is, not going to tell the people of Okla- too much open to bureaucrats. shape up, start doing the priorities we homa how their Senator should behave. In contrast for a minute, I agree this want you to do. Make the tough deci- I expect the Senator from Oklahoma will not reduce the spending. But sions. would not be telling the Senator from $500,000 that is going to go for a sculp- It is easy for me to earmark some- Missouri how to behave. ture park means $500,000 that will not thing in Oklahoma, isn’t it? If I come If he is talking about saving money, go for a water treatment plant or will to the Senator—maybe not after this this does not cut the budget. The CDBG not go for housing for somebody who discussion this morning, but nor- pot is 8 percent lower. The Senator has a need for housing. It will not ac- mally—this may have something to do may or may not have been in private complish the positive benefits the HUD with the St. Louis Cardinals last night. sessions when I proposed a major bill is designed to accomplish in the I don’t know. My condolences. They means of reducing the budget to be first place. are the best team in baseball. I give my considered by the Committee on the I thank the Senator from Missouri condolences to the Senator. I am sorry Budget. We are staying in line with for his debate. I again request a vote on the Cardinals aren’t there. I hope that what the Committee on the Budget has this amendment. I am willing to allow will impact his collegiality today as we proposed. The Committee on the Budg- the Senator from Washington to debate go through all these amendments. et may come back with a recommenda- this with me as well, and after that, I However, the American people expect tion, which I will be for if it cuts every- will suggest the absence of a quorum so Congress to start doing a better job thing fairly. we can discuss the other amendments. about priorities. I didn’t say anything We are talking about how money is The ACTING PRESIDENT pro tem- about cutting out all community devel- actually spent, economic development pore. The Senator from Washington. opment block grants. I haven’t said initiatives. Yes, they can go to things Mrs. MURRAY. Mr. President, I rise anything about that. like parks if they have them in com- today to join Senator BOND in strongly The amendments I will have today munities. And the question is, Who opposing the Coburn amendment and are very specific amendments. I try to makes those decisions? Well, for those the numerous other amendments he run from the press. I am not trying to decisions in Missouri, I spend enough has filed with the same type of philos- get in the press. What I am trying to time and my people spend enough time ophy, as he calls it, in the Senate. do is start down a road that says if we that I want a say in how funds are I join with my colleague from Mis- want to be here and govern, we ought spent because I talk to and listen to souri, the chairman of this committee. to start listening to the overall trend those people. I hear what their requests I, like him, go home every single week- of the American people and our oath of are. It is a small fraction of the Fed- end to Washington State, which is 2,500 office. What is that oath? That oath is eral money that goes to the State. miles away from the Nation’s Capital. to follow the Constitution and follow But I am proud of the progress we I, like the Senator from Missouri, do that Constitution to represent this have been able to make by supporting not believe the bureaucrats sitting in country in its best long-term—not local initiatives through EDI funds. Washington, DC, know what is hap- short-term, not for me to get reelected, HUD bureaucrats make some good de- pening on the ground in my home

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23328 CONGRESSIONAL RECORD—SENATE October 20, 2005 State 2,500 miles away from here. I am the Senator from Missouri has, the gether. We are not going to watch the out there. I am out in every commu- Senator from Rhode Island, the Sen- Senator pick out one project and make nity, talking to people, listening to ator from Mississippi, and the Senator it into a whipping boy. them, knowing what their concerns from Nebraska have done with their Now, it is true that Senator BOND are, knowing what they are developing projects and numerous other Senators and I allow Senators to allocate EDI within their own communities, within who have gone home like we have, lis- funds to those projects in their States their own cities, within their own capa- tened to the leadership in their com- that they think make best use of the bilities, to help stimulate the economy munities, heard their projects, filtered funds. We do not make any apology for and to do good things. It is my job to through them as we have had to be- that practice. be their partner in that. I tell them cause we do not have a lot of money in As the Senator from Missouri has that all the time. You get it going on these accounts, and said these are the said—which I agree with, I do not the ground here, you develop the ones we will partner with you at the think the bureaucrats at the Depart- projects, you get the consensus within Federal level and put into this bill. ment of Housing and Urban Develop- your own communities, and I will do The Subcommittee on Transpor- ment know better than I do—a Senator what I can to get some small part of tation, Treasury, the Judiciary, Hous- from a State thousands of miles away help from the Federal Government. ing and Urban Development, and Re- from here, who goes home every single That is how I, like most Senators in lated Agencies, under the leadership of weekend and is on the ground talking the Senate, am sent projects. my capable colleague from Missouri, to community leaders in every county Last year, I was in Yakima Valley Senator BOND, has been respectful and and every city in my State, and hear- and talked to our farmers out there. responsive to requests of Senators who ing from them what they think is im- This is a remote community. They are have come up with projects. Contrary portant. struggling with putting together a to the representation that some Mem- We do not choose these projects ran- clinic. I talked to them. They devel- bers have made in the Senate, these domly sitting on high from back here. oped the ideas at the local level and EDI projects we are talking about are We go out and talk to our community put together a building, a job training not the centerpiece of our efforts of leaders. They tell us this project, the center, to assist our State’s large farm- community development in this bill. In one the Senator has decided to target, worker community to help further fact, they are far from it. The funding is a project, as I said, that is turning a their education and acquire some crit- for these EDI projects that the Senator brownfield into a hub of an urban cen- ical new skills. This was an important from Oklahoma is targeting amounts ter, into a center of activity, and it is project for them. I was able to come to less than 8 percent of the overall critical for their economic develop- back here and partner with $500,000 funding we provide in this bill for ment. from the Federal Government to help HUD’s community development fund. When the community leaders come stimulate that project to make sure it In fact, my colleagues should remem- together, and they have a consensus for was going to succeed. ber that President Bush’s budget it, and they have built the funding for Another time, I was traveling in King looked to take the Community Devel- it in the State, it is my job, I believe, County, talking to community leaders opment Block Grant Program out of to represent my State, which is thou- there who were working to fund a this bill and fund it in the Department sands of miles away from here, and to Greenbridge community center in the of Commerce while cutting its funding come back and be an advocate for heart of an exciting Hope VI project by more than a third. Senator BOND them. that is bringing affordable housing and and I fought to continue the funding I don’t know that the bureaucrats at economic development to one of the for the CDBG Program in our bill be- the Department of Housing and Urban poorest communities in King County. I cause we all heard from our local com- Development ever take the opportunity came back here. It is my job to rep- munities how important these funds to go out and sit on the ground in my resent a State that is thousands of were for development across the coun- State. It is my job to do that. I take it miles away from here, and I flew back try. seriously. And I am happy to come and said I will do my part to help with The Senator from Oklahoma now back here and fight for them, such as this important project. And we were comes to the Senate with a series of most of the other Senators have done able to get $500,000. amendments targeting a few States to who have given us EDI projects in this Today, the Senator from Oklahoma pick out individually named projects bill this year—next year or the fol- has targeted another project that I sat and eliminate those projects’ funding. lowing year. down and discussed with local commu- We are not going to go down that road. There is not a lot of money in these nity leaders. I didn’t come up with There are criteria that pertain to the accounts. We allocate them correctly. I this. This came from the heart of my funding for the project that I have, for sat across the table from the Senator local community because they are the project the Senator from Oklahoma from Missouri in the Budget Com- working very hard in an urban core in has, the project from Nebraska, the mittee for many years, and I can vouch the city of Seattle to turn a brownfield project from Missouri, the project from for him that he is not someone who into a hub of activity. It is a project Mississippi, the project from Rhode Is- spends money randomly. He and I have that is stimulating jobs and invest- land, and the other projects on which disagreed, in fact, on budgets and ments. That is exactly what this EDI he has amendments. There are criteria spending over the years, but I do know program is intended to do. We didn’t for these. They are not random. These that he takes his job seriously, to need to cut investments to clean up funds have to be used for capital ex- make sure we spend the taxpayers’ dol- brownfields to produce jobs. We need penses rather than operating costs. lars wisely. He votes, every time, for a more projects like this. None of the funds are dedicated to for- budget where most of the time I say I If the Senator from Oklahoma wants profit entities. The vast majority are am willing to spend more than he does. to look for a culprit for the fiscal situ- dedicated to projects in underprivi- He cuts those budgets. And we have ation in this country, he should look leged communities. done so this year. into the billions and billions of dollars I don’t care if it is my project, Sen- It is a very tight budget year. Our in tax cuts that have been granted to ator BOND’s project, Senator NELSON’s committee is operating within the con- multimillionaires in this country, and project, Senator CHAFEE’s project, or fines of that budget. I commend my he should look at additional tax cuts the other projects that the Senator colleague from Missouri for doing so his party wants to implement in future from Oklahoma has randomly picked because I know how many requests we years if he wants to find incredible sav- to target, the Senators that have EDI got for funding within this bill. It was ings. projects in this bill—and that, by the a tough year. I watched him work his To take apart a Senator’s projects, way, is almost every Senator in this way through a bill, telling Members of who worked very hard, as I have and as Senate—are going to have to stand to- the Senate that he could not fund all

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23329 their projects. But he has moved this woman, and child, it is time we The legislative clerk read as follows: bill forward under the confines of that changed. There is nothing personal The Senator from Oklahoma [Mr. COBURN] budget. about it. There is nothing about any- proposes an amendment numbered 2093. It is our job to make sure that every thing intended toward the Senator On page 348, between lines 5 and 6, insert Senator has the ability we have to go from Washington. It is about a real as- the following: home to their States, listen to their sessment the American people need to SEC. 321. JOSLYN ART MUSEUM. community leaders, and then be their know. Is this more important than None of the funds made available for the partner in the Senate for this small housing the 17,590 people who are Department of Housing and Urban Develop- amount of EDI funding that is avail- homeless in the State of Washington? ment under the heading ‘‘Community Devel- able. These projects in this bill have to That is the kind of priority I think we opment Fund’’ in this title, shall be avail- fall under the criteria that the EDI need to make. able for a parking facility as part of the funds do so, and we make sure they do. The other thing I would say is, if we Joslyn Art Museum Master Plan, in Omaha, I hope the Senate will not go down have a problem with the bureaucracy, Nebraska. the road of cherry-picking individual we have all the power in the world to Mr. COBURN. Mr. President, again, projects that Senators have come to us change that. We have the power right this is not an amendment about this and have championed on behalf of their here to change that. So we can either being a bad idea. I am sure this is a constituents who do not live here in change the bureaucracy so it reflects parking lot that is needed. The purpose Washington, DC. I hope we do not go the views of the people of this country of this amendment is to talk about pri- down the road deciding we know better or we can go about it the wrong way orities. than home State Senators about the and have to control it by taking a very The number of homeless people in merits of the projects they bring to us. small percentage of the budget. We get Nebraska is 3,268. This is an amend- As the old saying goes: What is good two bad results from that. We get poor ment that spends, I believe, $950,000 to for the goose is good for the gander. priorities. And, No. 2, we are not doing build assets for a private museum that And I tell my colleagues, if we start our job in controlling the bureaucracy. was started in 1931. Again, no doubt cutting funding for individual projects, So I am prepared to ask that this this is needed. In this time of $600 bil- your project may be next. amendment be set aside and continue lion that we added this last year to our So, Mr. President, when Members with another amendment in a moment. grandchildren’s debt, in this time of come down to the floor to vote on this But at this time, I suggest the absence war, in this time of hurricanes times amendment, they need to know if they of a quorum. two in the gulf and one coming to Flor- support stripping out this project, Sen- The ACTING PRESIDENT pro tem- ida again, the fact that we would spend ator BOND and I are likely to be taking pore. The clerk will call the roll. close to $1 million on a parking facility a long, serious look at their projects to The legislative clerk proceeded to instead of putting that to the area determine whether they should be pre- call the roll. where we meet more human needs, to served during our upcoming conference Mr. BOND. Mr. President, I ask unan- me, seems to be the wrong priority. negotiations. imous consent that the order for the Fiscal year 2004 reports by the Joslyn We must not and we will not go down quorum call be rescinded. Art Museum showed they had a net the road of picking on one Senator or The ACTING PRESIDENT pro tem- surplus that year alone of $1,998,000. another on the floor of the Senate. I pore. Without objection, it is so or- They have assets of $66 million and urge a no vote on this amendment. dered. working capital of $6.5 million. Mr. BOND. Mr. President, we have Mr. President, I yield the floor. The question I am raising with this The ACTING PRESIDENT pro tem- spoken with the parties, and we believe amendment is, Is this the right pri- pore. The Senator from Oklahoma. we have come to an agreement to have ority at this time? It is not whether Mr. COBURN. Mr. President, what we a vote at 12:20, with the time equally this is a legitimate effort on the part of heard was a cultural difference. What divided between the Senator from those who are associated with the we heard is: If you vote for this amend- Oklahoma and—how much time does Joslyn Art Museum master plan in ment, anything that you have in this the Senator from Oklahoma want? Omaha, NE, to expand. They spent $3.5 bill may not be preserved in con- Mr. COBURN. Ten minutes. million purchasing an additional foot- ference. Now think about that. I want Mr. BOND. Ten minutes for the Sen- ball field so they would have additional the American people to hear that. If we ator from Oklahoma, 10 minutes for expansion. But at a time when we are tend to think that a sculpture park is the Senator from Nebraska, and I will at war, at a time when we have the not as high a priority as housing people reserve 5 minutes for the Senator from greatest natural catastrophe that has who are homeless, and we vote to take Rhode Island. I will take that time on ever hit this country, and at a time that out, the threat has now been made his behalf if he is not able to make it. when we have fiscal deficits that are as that if you vote that way, then you So that will make a vote at 12:15 in re- far as we can see, and an oil crisis, an will not be able to do something that lation to the amendment or the amend- energy crisis affecting us, the question may be a higher or lower priority. ment, as modified. is whether this is the right place to I have the greatest respect for the The ACTING PRESIDENT pro tem- spend our money. Senator from Washington. I know she pore. Without objection, it is so or- travels hard. I know she works well dered. I understand if this money is not into the night to represent the con- Mr. BOND. I thank my colleagues. spent on this, it will be spent on some- stituency of the State of Washington. The ACTING PRESIDENT pro tem- thing else. And I know this does not This is a start to forcing us to make pore. The Senator from Oklahoma is cut the money from the overall appro- priorities. I am happy she is here to de- recognized. priations bill. But there is a grant process for this. We control the grant fend this. She believes it is more im- AMENDMENT NO. 2093 portant than housing. I think that is (Purpose: To prohibit any funds under the process. We control the requirements fine. She does not believe the guide- Act from being used for a parking facility for the grant process. We can, as a leg- lines of the CDBG are appropriate to as part of the Joslyn Art Museum Master islative body, direct that the grant give the State of Washington what it Plan, in Omaha, Nebraska) process is open, competitive, and fair. needs. Mr. COBURN. Mr. President, I call up I reserve the remainder of my time. But I believe it is important we start amendment No. 2093 and ask that it be The ACTING PRESIDENT pro tem- putting in front of the American people considered and read. pore. Who yields time? what we are doing. I believe, with a The ACTING PRESIDENT pro tem- Mr. NELSON of Nebraska. Mr. Presi- $600 billion addition to the debt for this pore. Without objection, the pending dent, apparently the Nebraska-Okla- last year alone—being passed on to our amendment will be set aside. The clerk homa game, which is to be played later grandchildren—which is $2,000 per man, will report the amendment. this month, is occurring today.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23330 CONGRESSIONAL RECORD—SENATE October 20, 2005 I have a great deal of respect for my I go to Nebraska and I listen to my The PRESIDING OFFICER. Who colleague from Oklahoma and his de- communities. I listen to the leaders. seeks time? sire to watch the Treasury and to es- And based on what they tell me their The Senator from Nebraska. tablish priorities, but I will put up my needs are, I am able to come back and Mr. NELSON of Nebraska. Point of credentials for watching the priorities try to establish these kinds of funds inquiry: How much time remains? and for watching the spending as well. available, then make them available The PRESIDING OFFICER. The Sen- The Community Development Fund for those needs. ator has 51⁄2 minutes. Program has been put in place to deal I object to singling out one or two or Mr. NELSON of Nebraska. Mr. Presi- with this priority. In Washington, DC, three of these projects as though there dent, I rise again to deal with the ques- there can be many priorities. The busi- is something inappropriate about their tion about priorities. There are many ness of the Senate, the business of gov- priority. There is nothing inappro- priorities we must face as a country. ernment runs on numerous tracks, not priate about their priority. We do have priorities to deal with a single priority. There are many prior- I reserve what remains of my time. Katrina. We have priorities to deal ities, and it is up to us to balance those The PRESIDING OFFICER (Mr. with the cost of the war. We also have priorities. But in balancing the prior- CHAMBLISS). The Senator from Okla- to deal with the priorities that deal ities, we must keep in mind that the homa. with the fabric of life for Americans community development funds are de- Mr. COBURN. Mr. President, I have wherever we live and whatever we do. signed so that Members of the Senate the greatest respect for my colleague One of the ways in which we try to can go home and listen to the commu- from Nebraska. As a matter of fact, I establish those priorities is by talking nities as to what they need and what am worried about his football team to the people who send us here, the will work best for their development, hurting the Oklahoma football team people who pay the taxes that are for their particular needs. It is an op- this year. But I will say, we view prior- sometimes redistributed in ways that portunity to get away from what hap- ities differently. What about the pri- will raise questions about priorities. pens in Washington so very often: ority of our grandchildren? I will say it I do not think there is any question nameless, faceless, hired bureaucrats again. This last year, through our lead- but what the priority this raises is an who make a decision about what a ership, $2,000 per man, woman, and important priority as part of the com- community needs rather than the child was added to the debt of this munity development funds. It has been elected officials who, in consultation country. That is a loadstone around a a long-established practice to set aside with the communities, are then able to 2-year-old child. Last year we added these funds for similar situations as help establish those priorities. $1,700. the ones that are called into question The reason for these amendments is There are many priorities, and this is today by my colleague from Oklahoma. to get us to start thinking about choos- a priority as well, a priority for one of There is nothing wrong with calling ing priorities. The Senator from Ne- the crown jewels of the plains, the these priorities into question, but to braska was not here when I gave my Jocelyn Museum, an art museum that single them out with respect to all the opening statement. I am not trying to is largely funded by private funds, as other priorities he may have in mind is my colleague has suggested. But I pick on Nebraska. I am trying to pick on our process. The fact is we can unfortunate because it only draws at- think that partnerships between public tention to one, two, or three of these and private entities are not only com- change every aspect of how the grant- writing process goes if we want to and projects as though these are all by monplace but necessary in order to themselves the priorities that are continue to have the fabric of life that we can make it work. The reason we do not trust bureau- being dealt with. this represents. These community development funds This is not choosing against other crats is we do not hold them account- able because we do not do the work we are broad based. They apply to vir- priorities. I think my colleague knows tually every State. I have not checked that the Katrina victims will be taken need to do to create the change in the to see what Oklahoma might get or care of. I think he knows that other bureaucracy. So first I would offer no what my other colleagues might get, priorities will be met, but that we personal offense to my friend from Ne- but I do believe it is far better for the must, in fact, balance all the priorities braska. He does have my respect. But Members of the Senate to go home and that we are faced with in deciding here when a private institution is worth $66 listen to their communities and listen in Washington, DC. million, has a cash working capital of In assisting communities with their $6.5 million and has $1.998 million in to their leaders and come back with development, these funds were made the bank, we are going to take a pri- this type of an approach, rather than available for projects just like this one ority that says this money we are continuing to see the grant process and the other ones that are in question going to spend here rather than on that the bureaucracy continues to pro- in Washington and Rhode Island. So to something that has a better priority. vide and is not held accountable in the suggest there is something inappro- That is all I am saying. I am not say- same way this is being held account- priate about this in terms of priorities ing this is bad. I am saying there able. I will be held accountable and my is unfortunate. It is unfortunate for a should be a better priority for our colleagues will be held accountable for number of reasons. spending. trying to do the right things for our No. 1, we are not here challenging de- My hope is by going through this States, for the people and for the fabric cisions made for grants that might be process we will all start looking. I be- of life in those communities and in established by the bureaucracy which, lieve this is a sincere effort on the part those States. on their face, seem to have more credi- of the Senator from Nebraska to do I say today that I hope our col- bility even though, in my opinion, they what he thinks is great for Nebraska. leagues will recognize the importance have less credibility. My feeling is—and there is lots I would of these community development funds In addition, we have to recognize like to challenge in the spending that and the grants they represent because that this priority has met the test of goes through our earmarks—and I have a good part of why we are here is to what is necessary to help this private said before the Senator came on the take care of responsibilities back institution in dealing with a public floor, if we were in surplus I would not home. That is why we go home on school to make available for that pub- be talking about any of these. I think weekends, to find out what is necessary lic school athletic facilities and an ex- the difference is we are not. So when in those communities. change—once again, a public-private we direct programs for institutions Others will always have some ques- partnership that was created. that have the assets to pay for it them- tion about whether it is this priority or That public-private partnership pre- selves, our grandchildren do not get that priority. We have to make those ceded this public-private partnership, great value. That is my only point. choices. In my opinion, this has been a and this is an opportunity to continue I yield back the remainder of my good choice. those kinds of relationships. time. I yield back the time.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23331 The PRESIDING OFFICER. Who Our debate has focused on the dif- (a) SHORT TITLE.—This section may be seeks time? ference in philosophy. The Senator cited as the ‘‘Child Custody Protection Act’’. The Senator from Oklahoma. from Nebraska, the Senator from (b) TRANSPORTATION OF MINORS IN CIR- CUMVENTION OF CERTAIN LAWS RELATING TO AMENDMENT NO. 2093, AS MODIFIED Washington, the Senator from Rhode ABORTION.— Mr. COBURN. Mr. President, I ask Island, and I all have the ability to es- (1) IN GENERAL.—Title 18, United States unanimous consent to modify my EDI tablish priorities in the economic de- Code, is amended by inserting after chapter amendment to include the three velopment initiatives. They are impor- 117 the following: projects, Washington, Nebraska, and tant initiatives and important prior- ‘‘CHAPTER 117A—TRANSPORTATION OF Rhode Island. ities that can be set by Senators. MINORS IN CIRCUMVENTION OF CER- The PRESIDING OFFICER. Without In the case of the provision for the TAIN LAWS RELATING TO ABORTION objection, it is so ordered. Senator from Rhode Island, this hap- ‘‘Sec The amendment (No. 2093), as modi- pens to be construction of a building ‘‘2431. Transportation of minors in cir- fied, is as follows: that is very important for the quality cumvention of certain laws re- At the appropriate place insert the fol- of life in the town of Westerly, RI. lating to abortion lowing: Many people have different needs and ‘‘§ 2431. Transportation of minors in cir- JOSLYN ART MUSEUM. one of the beauties of that is the people cumvention of certain laws relating to None of the funds made available for the from those communities can talk di- abortion Department of Housing and Urban Develop- rectly to their Senator and tell their ‘‘(a) OFFENSE.— ment under the heading ‘‘Community Devel- Senator what is important. ‘‘(1) GENERALLY.—Except as provided in opment Fund’’ in this title, shall be avail- In this instance, the Senator from subsection (b), whoever knowingly trans- able for a parking facility as part of the Rhode Island listened to the people. He ports a minor across a State line, with the Joslyn Art Museum Master Plan, in Omaha, intent that such minor obtain an abortion, Nebraska. listened to his constituents. He deter- and thereby in fact abridges the right of a STAND UP FOR ANIMALS. mined this was a priority. There is parent under a law requiring parental in- None of the funds made available for the going to be a lot of other money that is volvement in a minor’s abortion decision, in Department of Housing and Urban Develop- going to be handed out by HUD bureau- force in the State where the minor resides, ment under the heading ‘‘Community Devel- crats under the economic development shall be fined under this title or imprisoned opment Fund’’ in this title, shall be avail- initiative for construction. What is not more than one year, or both. able for Stand Up for Animals in Westerly, wrong with the Senator from Rhode Is- ‘‘(2) DEFINITION.—For the purposes of this Rhode Island for building construction. land saying here is one pressing need subsection, an abridgement of the right of a SEATTLE ART MUSEUM. parent occurs if an abortion is performed on that is very important for the Senator the minor, in a State other than the State None of the funds made available for the from Rhode Island because it is impor- Department of Housing and Urban Develop- where the minor resides, without the paren- ment under the heading ‘‘Community Devel- tant to his constituents? tal consent or notification, or the judicial opment Fund’’ in this title, shall be avail- I reserve the balance of the time. authorization, that would have been required able for the Seattle Art Museum in Seattle, The PRESIDING OFFICER. Who by that law had the abortion been performed Washington for the construction of the yields time? in the State where the minor resides. Olympic Sculpture Park. If no one yields time, the time will be ‘‘(b) EXCEPTIONS.— ‘‘(1) The prohibition of subsection (a) does Mr. COBURN. Mr. President, I will charged equally to all sides. Mr. BOND. I suggest the absence of a not apply if the abortion was necessary to spend a few moments talking about the save the life of the minor because her life last of these three that are going to be quorum. The PRESIDING OFFICER. The was endangered by a physical disorder, phys- considered. This is another project ical injury, or physical illness, including a clerk will call the roll. where we are spending $200,000 for the life endangering physical condition caused The assistant legislative clerk pro- construction of an animal shelter when by or arising from the pregnancy itself. ceeded to call the roll. ‘‘(2) A minor transported in violation of we cannot even shelter the people prop- Mr. ENSIGN. Mr. President, I ask erly in Louisiana, Alabama, and Mis- this section, and any parent of that minor, unanimous consent that the order for may not be prosecuted or sued for a violation sissippi. the quorum call be rescinded. of this section, a conspiracy to violate this Now, $200,000 could go a long way to The PRESIDING OFFICER. Without section, or an offense under section 2 or 3 provide temporary housing right now objection, it is so ordered. based on a violation of this section. for the people in Louisiana, Mis- ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- AMENDMENT NO. 2158 TO AMENDMENT NO. 2133 sissippi, and Alabama. This is $200,000 firmative defense to a prosecution for an of- Mr. ENSIGN. I ask unanimous con- toward a $2.2 million facility to house fense, or to a civil action, based on a viola- sent that we return to the consider- 120 cats and 45 dogs, with a dog obedi- tion of this section that the defendant rea- ation of Dorgan amendment No. 2133 ence school and classroom settings for sonably believed, based on information the for a moment. defendant obtained directly from a parent of youth. The PRESIDING OFFICER. Without the minor or other compelling facts, that be- If one looks at HUD’s Web site, the objection, the amendment is pending. fore the minor obtained the abortion, the pa- mission is to increase homeownership, Mr. ENSIGN. Mr. President, I send a rental consent or notification, or judicial au- support community development, and second-degree amendment to the desk. thorization took place that would have been increase access to affordable housing The PRESIDING OFFICER. The required by the law requiring parental in- free from discrimination. It does not volvement in a minor’s abortion decision, clerk will report. had the abortion been performed in the State say anything about animals in it and, The legislative clerk read as follows: at best, it is a satirical exaggeration of where the minor resides. The Senator from Nevada [Mr. ENSIGN] the goal. ‘‘(d) CIVIL ACTION.—Any parent who suffers proposes an amendment numbered 2158 to harm from a violation of subsection (a) may This funding has been proposed for amendment No. 2133. obtain appropriate relief in a civil action. this organization despite the fact that Mr. ENSIGN. Mr. President, I ask ‘‘(e) DEFINITIONS.—For the purposes of this this is a 501(c)(3) organization that has unanimous consent that the reading of section— already received $900,000 in charitable the amendment be dispensed with. ‘‘(1) a ‘law requiring parental involvement contributions. The PRESIDING OFFICER. Without in a minor’s abortion decision’ means a law— ‘‘(A) requiring, before an abortion is per- I remind the Senate there are 7,814 objection, it is so ordered. people in Rhode Island who do not have formed on a minor, either— The amendment is as follows: ‘‘(i) the notification to, or consent of, a homes at this time. (Purpose: To amend title 18, United States The PRESIDING OFFICER. Who parent of that minor; or Code, to prohibit taking minors across ‘‘(ii) proceedings in a State court; and yields time? State lines in circumvention of laws re- ‘‘(B) that does not provide as an alter- The Senator from Missouri. quiring the involvement of parents in abor- native to the requirements described in sub- Mr. BOND. Unfortunately, Senator tion decisions) paragraph (A) notification to or consent of CHAFEE is tied up. We are expecting Strike all after the first word and insert any person or entity who is not described in momentarily to get a full explanation. the following: that subparagraph;

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23332 CONGRESSIONAL RECORD—SENATE October 20, 2005 ‘‘(2) the term ‘parent’ means— Craig Johnson Reed According to the Energy Information ‘‘(A) a parent or guardian; Crapo Kennedy Reid Administration of the Energy Depart- ‘‘(B) a legal custodian; or Dayton Kerry Roberts DeWine Kohl ment, this year natural gas prices for ‘‘(C) a person standing in loco parentis who Rockefeller Dodd Landrieu heating one’s home will increase by al- has care and control of the minor, and with Salazar Dole Lautenberg Santorum most 50 percent over last year, home whom the minor regularly resides, who is Domenici Leahy Sarbanes heating oil will increase 32 percent, designated by the law requiring parental in- Dorgan Levin Schumer Durbin Lieberman volvement in the minor’s abortion decision Shelby electricity will increase 5 percent. In Enzi Lincoln as a person to whom notification, or from Smith Massachusetts, the current average whom consent, is required; Feinstein Lott Frist Lugar Snowe price per gallon of heating oil is $2.51. ‘‘(3) the term ‘minor’ means an individual Grassley Martinez Specter This is an increase of 30 percent over who is not older than the maximum age re- Gregg McConnell Stabenow the average price per gallon last Octo- Stevens quiring parental notification or consent, or Harkin Mikulski ber. proceedings in a State court, under the law Hatch Murkowski Thomas requiring parental involvement in a minor’s Hutchison Murray Thune These aren’t just abstract numbers. abortion decision; and Inhofe Nelson (FL) Vitter They represent huge burdens on real ‘‘(4) the term ‘State’ includes the District Inouye Nelson (NE) Voinovich people. Just last week, Mayor Menino Isakson Obama Warner and I met with low-income seniors at of Columbia and any commonwealth, posses- Jeffords Pryor Wyden sion, or other territory of the United the Curtis Hall Community Center in States.’’. NAYS—13 Massachusetts. These families are (2) CLERICAL AMENDMENT.—The table of Allen Feingold Sessions caught between a rock and a hard place chapters for part I of title 18, United States Burr Graham Sununu about how they are going to pay their Code, is amended by inserting after the item Coburn Hagel Talent relating to chapter 117 the following new DeMint Kyl heating bills. Are they going to cut item: Ensign McCain back on food? Are they going to cut ‘‘117A. Transportation of minors NOT VOTING—1 back on prescription drugs which are in circumvention of certain Corzine so necessary? Are they going to try and laws related to abortion ...... 2431’’. continue to put the temperature level The motion was agreed to. down to such a low degree that it Mr. ENSIGN. I yield the floor and I Mr. BOND. I move to reconsider the suggest the absence of a quorum. threatens their health and well-being? vote. Those are the cruel choices they are The PRESIDING OFFICER. The Mrs. MURRAY. I move to lay that clerk will call the roll. faced with today. motion on the table. So many senior citizens are looking The assistant legislative clerk pro- The motion to lay on the table was into the future, they are looking at the ceeded to call the roll. agreed to. impact of sky-rocketing heating bills Mr. BOND. Mr. President, I ask unan- Mr. BOND. Mr. President, we thank over the course of the winter, and they imous consent that the order for the our colleagues. are frightened and scared. They are quorum call be rescinded. Mr. President, as far as procedure, wondering who is going to give them The PRESIDING OFFICER. Without there are a number of issues that will some help and assistance. objection, it is so ordered. be debated. There may be additional Our amendment increases emergency AMENDMENT NO. 2093, AS MODIFIED amendments offered, but for the con- funding for the LIHEAP program by Mr. BOND. Mr. President, I under- venience of our colleagues, there are $3.1 billion. This funding on top of the stand the distinguished Senator from not going to be any votes until 2:30. I President’s budget request for $2 bil- Oklahoma has modified his amendment propound a unanimous consent request lion would bring the program to $5.1 to include the provisions dealing with that at 2 p.m. there be 30 minutes billion -the level authorized in the En- the States of Washington, Nebraska, equally divided in relation to Reed ergy Policy Act of 2005. and Rhode Island. Is this correct? amendment No. 2077; provided further Funding for LIHEAP has been stag- The PRESIDING OFFICER. The Sen- that the Senate then proceed to a vote nant for more than a decade. It has ator is correct. in relation to the amendment, with no seen significant loss in terms of pur- Mr. BOND. Mr. President, on behalf second degrees in order to it prior to chasing power. We have a program that of the Senator from Washington and the vote. has been stagnant for over 10 years, the myself, I move to table the amendment The PRESIDING OFFICER. Without program has lost purchasing power, as modified and I ask for the yeas and objection, it is so ordered. and absolutely dramatic increases in nays. Mr. BOND. I thank the Chair. The heating bills. We need to provide help The PRESIDING OFFICER. Is there a floor is now open for debate and further and assistance to low income families. sufficient second? amendment as requested. This amendment provides that much There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- needed assistance. ond. ator from Massachusetts. I hope we have broad support. This is The clerk will call the roll. AMENDMENT NO. 2077 an essential amendment. We can talk The assistant legislative clerk called Mr. KENNEDY. Mr. President, I take about food; we can talk about medi- the roll. a moment of the Senate’s time to reit- cines. We ought to put heat right in Mr. DURBIN. I announce that the erate my very strong support for the that same category. Senator from New Jersey (Mr. CORZINE) amendment offered by my colleague I will mention some of the low in- is necessarily absent. and friend, Senator REED of Rhode Is- come individuals struggling to survive: The PRESIDING OFFICER (Mr. GRA- land, and my colleague, Senator Wilhelmina Mathis of Dorchester. Wil- HAM). Are there any other Senators in KERRY, and myself on increasing emer- helmina is 71 years old and lives alone. the Chamber desiring to vote? gency funding for the LIHEAP pro- She keeps her thermostat set at 60 de- The result was announced—yeas 86, gram. This program is a lifeline to grees to save money. She hopes the nays 13, as follows: many poor individuals on fixed in- Federal Government will come through [Rollcall Vote No. 260 Leg.] comes in my state of Massachusetts with more LIHEAP money before she and across the nation. It is the help YEAS—86 runs out of a way to pay her heating and assistance that is provided to low- bill. She says: Akaka Bond Chafee Alexander Boxer Chambliss income, elderly and disabled house- I turn down the thermostat as low as I can Allard Brownback Clinton holds to defray the steep costs of home and sometimes I turn it off and put on extra Baucus Bunning Cochran heating. The average LIHEAP house- sweaters. I don’t know now much longer I Bayh Burns Coleman hold has an income of less than $10 can keep doing this.’’ Bennett Byrd Collins Biden Cantwell Conrad thousand. These individuals are trying Jacqueline Arroyo of Roxbury, MA, Bingaman Carper Cornyn to make ends meet. is a single mom who lives in Roxbury

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23333 with her baby daughter Jessica. She is (c) Section 47114(c)(1)(F) of title 49, United AMENDMENT NO. 2077 a nurse who lost her job in August 2004 States Code, is amended by striking ‘‘and Mr. LAUTENBERG. Mr. President, I and has been working temporary jobs 2005’’ each place it appears in the text and in want to take a couple minutes to talk ever since. Her salary has not been the heading and inserting ‘‘, 2005, and 2006’’. about the amendment to fully fund the enough to cover all of her bills. Her Mr. BINGAMAN. Mr. President, this Low Income Home Energy Assistance electricity bill is now $4,000, and she is an amendment I offer on behalf of Program, what we call LIHEAP. worries about how she will pay off the myself, Senator SPECTER, Senator NEL- Americans have already been debt before this winter. SON of Nebraska, Senator LEVIN, Sen- slammed by outrageously high gas Emory Baily has MS, and it is hard ator STABENOW, Senator BROWNBACK, prices. The average price for a gallon of for him to get around. Now the comfort Senator ROCKEFELLER, Senator HAR- regular unleaded gas in New Jersey is of his home is in jeopardy. Any day the KIN, Senator DURBIN, Senator HAGEL, now $2.65. That is 37 percent higher heating oil will run out. The assistance and Senator SANTORUM. This is a bipar- than a year ago. he receives from LIHEAP has run out tisan amendment which tries to assist For an average New Jersey motorist, as temperatures begin to fall. many of our smaller airports around a tank of gas now costs about $46, In Boston, a 79-year-old man lives the country. which is $12.50 more than a year ago. Under the current formula in the with a sick wife. He worked hard on a That extra $12.50 for every tank of gas statute, airports that have at least loading dock most of his life and re- adds up to a cost of more than $400 a 10,000 boardings each year are called tired with a pension, but he has a hard year for the average motorist—a new primary airports. Those airports re- time paying all the bills. He receives cost for their transportation needs ceive entitlement of $1 million per year LIHEAP benefits, but the fuel oil as- with their cars. from the FAA’s Airport Improvement sistance has been exhausted. We are It is affecting our quality of life. Program. The nonprimary airports— not even halfway through the winter. Driving to work or taking your chil- In Haverhill, MA, a single mother those that do not have the 10,000 an- dren to school is not a luxury, nor is a lives with her 18-year-old son, who is nual boardings—receive only $150,000. visit to the doctor, nor is a visit to a handicapped, her 19-year-old daughter, In the wake of September 11, many shop. These things are all necessities. and her daughter’s child, who has a airports saw their annual boardings That is a terrible mistake because we medical condition. Both mother and plummet. There were a number of have to make sure we do not misunder- daughter are employed as school bus these smaller primary airports, many stand or misquote the importance of monitors. They have little or no in- in rural areas, that faced the tem- this extra cost to the average family. come over the summer. Their rent is porary loss of their $1 million annual It is particularly onerous for those who $950 a month. Their last gas bill was entitlement. do not have the choice of using transit. $1,729. Because they could not pay their Vision 100, which is Public Law 108– Families have sacrificed substan- gas bill, their gas was shut off. Even if 176, gave certain primary airports 2 tially. They have cut back on lots of they qualify for $600 in LIHEAP assist- years—fiscal year 2004 and 2005—to re- things. According to a new survey by ance, the gas company may refuse to gain that minimum 10,000 boarding reconnect the service unless the family level. During that time, they retained AARP, almost 40 percent of Americans comes up with another $400 to $800 to- the annual $1 million entitlement they over the age of 50 have had to reduce ward the back pay. had been receiving. These airports are their visits with family and friends be- These are typical families. This is designated as virtual primary airports cause of high gas prices. the issue we have before the Senate. It in the statute. The 2-year grace period I have even spoken to people who run is truly a life-and-death situation. It in Vision 100 for the virtual primary businesses that are not on a transit certainly deserves the support of our airports expired on September 30, just route or a bus route of any kind. They colleagues in the Senate. I hope that a few weeks ago. tell me their business has fallen off will be reflected in the vote at 2:30. The amendment I am offering today substantially. And people who work The PRESIDING OFFICER. The Sen- to the legislation before the Senate there—a lot of people with very modest ator from New Mexico. gives the virtual primary airports 1 ad- jobs—have been very seriously af- Mr. BINGAMAN. Mr. President, what ditional year—fiscal year 2006—to re- fected. is the business before the Senate? gain a level of 10,000 boarding. Many of Forty-one percent of the people the The PRESIDING OFFICER. The the virtual primary airports saw sub- AARP was talking about have cut back pending amendment is Coburn amend- stantial increases in their boardings in on spending. That includes food and ment No. 2091. fiscal year 2004. There are 10 fewer air- medicine. AMENDMENT NO. 2065 ports that need this extension for fiscal Gas price increases have been a Mr. BINGAMAN. Mr. President, I ask year 2006 than would have needed it or heavy blow, and now we are about to unanimous consent that amendment be that did need it in fiscal year 2005. get hit again by higher home heating set aside and that I be allowed to call This is the right thing to do. This is costs. According to all predictions, up amendment No. 2065. important to many of our States. I heating oil and natural gas prices will The PRESIDING OFFICER. Without have a list of all the airports that will increase more than gasoline prices objection, it is so ordered. be adversely affected if we do not agree have increased. The clerk will report. to this provision. One of those airports Now, some people can lower their The assistant legislative clerk read is in my home State in Roswell, NM, thermostats by a few degrees; and as follows: that is in danger of losing this funding those who can, should. But heating a The Senator from New Mexico [Mr. BINGA- if we do not extend this for 1 additional family home is not a luxury. It is a ne- MAN], for himself, Mr. NELSON of Nebraska, year. cessity, like putting food on the table. Mr. LEVIN, Ms. STABENOW, Mr. SPECTER, Mr. It is a level of comfort that is required BROWNBACK, Mr. ROCKEFELLER, Mr. HARKIN, This is a bipartisan bill. We have 11 to be met that cannot be ignored. That Mr. DURBIN, Mr. HAGEL, and Mr. SANTORUM, cosponsors of the legislation. It is good proposes an amendment numbered 2065. legislation. The policy is good. We have is why we have to support LIHEAP. Mr. BINGAMAN. Mr. President, I ask gone to the Congressional Budget Of- Last week, Energy Secretary Samuel unanimous consent to dispense with fice and they have indicated there is no Bodman said increasing the support for the reading of the amendment. score attached to this bill. This is not LIHEAP is ‘‘not on the agenda.’’ Not The PRESIDING OFFICER. Without a money issue. There is not going to be on the agenda? That is hard to under- objection, it is so ordered. an increased burden on the taxpayer. I stand. Maybe someone with a lofty po- The amendment is as follows: very much urge my colleagues to sup- sition such as the Secretary can dis- (Purpose: To extend certain apportionments port this amendment. card it as a noncritical situation. But to primary airports) I yield the floor. if a child shivers at home while he or On page 229, between lines 12 and 13, insert The PRESIDING OFFICER (Mr. MAR- she tries to study or while they sit the following: TINEZ). The Senator from New Jersey. there with their families to have some

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23334 CONGRESSIONAL RECORD—SENATE October 20, 2005 conversation—maybe what this Gov- things are headed in the right direc- reported in the story by the Wash- ernment of ours ought to do is ship out tion. The deficit is down. The deficit is, ington Post on Saturday, which is, blankets to everybody, or shawls they as a share of GDP, gross domestic prod- they say, within acceptable bounds of can wrap around their shoulders. You uct, well below where it was in the most economists—most economists say tell the senior citizen who has to 1980s. about 2.5 percent of GDP is the danger choose between buying medicine or The problem with this report is, I point—when you make an adjustment paying the heating bill that the Gov- think it is completely misleading to for what the debt increased by, what ernment is not going to help them the American people as to our true fis- you see is an operating hole in the through this crisis. cal condition. Why? Well, first, because United States of 4.5 percent of GDP, far Helping families heat their homes the deficit calculation that is used so beyond what most economists say is should be near the top of our agenda. broadly by the press—and I am not sin- acceptable. In fact, in the European The Secretary’s statement is out- gling out the Washington Post here. I Union, to become a member, you have rageous. It is a sad commentary on the would also point the finger at almost to have an operating deficit of 3 per- priorities of this administration. I all of the mainstream media that con- cent of GDP or less. The United States don’t think any Member of this body tinually refer to the deficit and never wouldn’t qualify under that standard would walk into a modest-income fam- talk about the debt. because in truth our operating deficit ily home and turn off their heat in the Here is the difference. While it is true is now well in excess of 4 percent of middle of winter. But voting against the deficit last year was $319 billion, GDP. this amendment is going to have the that is not the amount by which the The other thing that is important to same effect for thousands of low-in- debt increased. This is a critically im- understand, the article referenced the come families. portant difference people need to un- deficit as a share of GDP was higher We cannot leave American families derstand. The debt last year did not in- back in the 1980s, not much higher, and out in the cold. We have to support the crease by $319 billion, the advertised in most years not higher when you put Reed-Collins LIHEAP amendment and deficit. The debt increased by $551 bil- in the calculation of the money being give families a helping hand through lion. taken from Social Security. Here is the what some suggest is going to be a fair- I find repeatedly, when I go around pattern of Social Security surpluses ly cold winter. With weather as erratic my home State of North Dakota, there that are being used. You can see back as it is, we cannot tell what is going to is great confusion about the deficit and in the 1980s there was almost no money happen. the debt. Most people believe the in- being used from the Social Security So, Mr. President, I hope we will be crease in the deficit matches the in- trust fund. Back in those days, you can able to adopt this amendment. crease in the debt. But that is not the see we were running very small sur- With that, I yield the floor and sug- case. The debt is increasing by much pluses. In fact, until 1983, we weren’t gest the absence of a quorum. more than the reported deficit. running any surpluses in Social Secu- The PRESIDING OFFICER. The Here is the biggest reason why: So- rity. Then they were very modest, but clerk will call the roll. cial Security funds that are being used most of this time well below $50 billion. The assistant legislative clerk pro- to pay for other things. In effect, the Look at where we are now. We are up ceeded to call the roll. Social Security trust funds are being here now, $170 billion a year. That is a Mr. CONRAD. Mr. President, I ask raided consistently, repeatedly, in profound difference in the calculation. unanimous consent that the order for order to pay other bills. If any private Nobody seems to pay any attention to the quorum call be rescinded. sector entity tried to do what is being it. This gives you a very different look The PRESIDING OFFICER. Without done here, they would be on their way at the true fiscal condition of the coun- objection, it is so ordered. to a Federal institution, but it would try. Mr. CONRAD. Mr. President, I ask not be the Congress. It would not be In addition to that, back in the 1980s, unanimous consent to speak as in the White House. They would be on you had time to get well because the morning business for as much time as I their way to a Federal penitentiary be- baby boomers were not going to retire shall consume. cause it is a violation of Federal law to for over 20 years. Now there is no time The PRESIDING OFFICER. Without take the retirement funds of employees to get well because the baby boomers objection, it is so ordered. and use them to pay operating ex- are poised to retire. That is not a pro- FISCAL CONDITION OF THE COUNTRY penses. That is exactly what is going jection. The baby boomers are alive Mr. CONRAD. Mr. President, I come on here. today. They have been born. They are to the floor today to talk about a re- It happened last year to the tune of living. They are going to retire. They cent report in the Washington Post $173 billion. It is not included in the are going to be eligible for Social Secu- about the fiscal condition of the coun- deficit calculation. Why not? Because rity and Medicare. We are headed for a try. This was an article that appeared that is borrowing of one Government train wreck. Saturday in the Washington Post, re- entity from another Government enti- What we get from the mainstream porting on the budget deficit. It had ty. So they don’t include it in the def- media are these happy talk reports this very hopeful headline: ‘‘Federal icit, but it is included in the increase that the deficit is down. No attention Deficit Fell in Past Year.’’ While that in the debt. Every penny of this has to is paid to the increase in the debt. No is true, I think it is largely misleading be paid back. attention is paid to where this is all as to the financial condition of the What is happening is, the general headed. This is serious business. country. fund of the United States is, in effect, This chart shows, going back to 1980, When I went into the article, I read borrowing money from the Social Se- the relationship between spending and this paragraph: curity trust fund. It is using that revenue. The red line is the spending The 2005 deficit was the third-largest ever. money to pay other bills—not using it line as a percent of GDP in the United But it was not only markedly smaller than to pay down debt, not using it to pre- States. The green line is the revenue the record $412.85 billion [deficit] for 2004, it pay the liability, it is using it to pay line as a percent of GDP. Let’s stop was also well below the forecasts for the year other bills. It is adding to the debt. So there and ask, Why do we use that cal- issued in February. As a proportion of the economy—it equaled about 2.6 percent of last year the debt increased not by $319 culation? Why aren’t we showing in gross domestic product—the deficit was billion, which we read in every press dollar terms the relationship between within bounds that most economists con- report. You didn’t read in any press re- spending and revenue over a long pe- sider manageable, and far from the levels of port that I can find, not one, that the riod of time? The reason is very simple: the 1980s, when the deficit reached nearly 6 debt increased by $551 billion last year. Economists tell us, if you use gross do- percent of GDP. When you then correct for what has mestic product, you then take out the I think if the average person were to been left out, instead of an operating effects of inflation and real growth, so read that, they would think: Gee, deficit of 2.6 percent of GDP, which was you are comparing apples to apples.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23335 That is what we are trying to do here, want to be responsible to match their going to happen. The 10-year cost of get a sense of what is happening to our spending with revenue. They don’t the President’s tax cuts are $1.8 tril- spending, what has happened to our want to cut the spending to match the lion. Here is what happens right be- revenue over an extended period of revenue line, and they sure don’t want yond—the dotted line is the end of the time. to raise the revenue to match the 5-year budget window. Here is what This chart shows that the spending spending line. They are happy passing happens to the President’s tax cut pro- level of the United States, back in the it off to our kids, just tack it on to the posal right beyond the 5 years. It ex- 1980s and for much of the 1990s, was sig- debt. They say they are fiscally respon- plodes. It is not just that cost that ex- nificantly higher than it is today. You sible. No. This is not fiscal responsi- plodes; it is also the cost to fix the al- can see the spending line back here. bility. ternative minimum tax which, by the This goes back to 1980. Through the What is most alarming is where all way, there is not a penny in the Presi- 1980s, the spending line—and much of this heads. While it is true we have had dent’s budget to deal with. The alter- the 1990s—was well above where it is an uptick in revenue in the last year— native minimum tax, the old million- today, even though in the 1990s spend- very welcome—we see that we are still aire’s tax, now is becoming very rap- ing came down each and every year as way below the spending line. This is be- idly a middle class tax trap. Three mil- a share of gross domestic product. Now fore the baby boomers retire. lion people were affected last year. It is we have had this uptick in spending, Somebody may be listening and will going to be 30 million people affected 10 quite a substantial increase as a share say: Well, Senator CONRAD is giving a years from now, if we don’t do some- of gross domestic product, but still we passionate speech to raise taxes. No, thing. are well below where spending was in don’t misunderstand me. I am giving a It costs $774 billion to fix, and not a the 1980s and for much of the 1990s. speech about making this all add up. penny of it is in the President’s budget. Ninety-one percent of the increase in We either have to cut the spending Again, the same pattern, right beyond discretionary spending was from three down to the revenue line or we have to the 5-year budget window, this dotted factors: Defense, homeland security, raise the revenue line to our spending line, the cost of fixing the alternative and rebuilding New York. So the spend- appetite or some combination. That minimum tax skyrockets. ing line has had a substantial increase means we either have to cut spending What is the answer that we get on but still well below where Federal down to the revenue that we are will- the budget? We get what is called rec- spending was as a share of our national ing to levy or we have to be willing to onciliation, and we are told this is a income going back to the 1980s and raise the revenue line or some com- deficit reduction plan. No, it is not. 1990s. bination. There is no deficit reduction in this Look at the revenue line. The rev- By the way, the first thing we ought plan. enue line back in the 1980s was ap- to do on revenue is not a tax increase This increases the deficit. Why? Be- proaching 20 percent of GDP. Then on anybody. The first thing we ought cause while it is true it has $35 billion there were the tax cuts, and it went to do is focus on the tax gap. That is of spending cuts, it also has $70 billion down to just over 17 percent of GDP. the difference between what is owed of tax cuts. And so the combined effect Then it kind of jiggled and jagged and what is being paid. That tax gap is to actually increase the deficit. around here. And then in the 1990s, as now is over $350 billion a year. The fact What sense does this make when we the spending line came down each and is, the vast majority of Americans pay have a debt crisis looming? The debt every year, the revenue line went up what they owe. But increasingly, indi- increased $551 billion last year. The each and every year. So that in the viduals and companies aren’t paying forecasters are telling us it is going to year 2000, revenue was at a historic what they owe. The Revenue Service increase $600 billion this year—or high, about 20.9 percent of GDP. says that has now reached $350 billion a more. And the answer is a reconcili- Look what has happened to the rev- year, money that is owed that is not ation package cloaked as deficit reduc- enue line since 2000. The revenue line being paid. There has been precious lit- tion that actually increases the deficit. has collapsed. Revenue last year was tle being done about it. I don’t know how anybody can, with the lowest as a share of gross domestic The hard reality, what is so different a straight face, claim this is what the product since 1959. Anybody who is se- from the 1980s and now, is this demo- country needs. rious about doing something about the graphic tsunami that is coming at us. This is the increase in the debt over deficit has to address both the spending This is a representation of the increase the next 5 years of the President’s line and the revenue line. Very often of people eligible for Social Security budget plan. You take the President’s our colleagues on the other side of the and Medicare. We are under 40 million budget plan. You adjust it for the war aisle only want to talk about the now eligible for Social Security and costs he has left out—not KENT CON- spending line. They vote for all the Medicare. We are headed for 81 million. RAD’s projection of the war costs, the spending, but they don’t want to ad- It profoundly changes everything. The projection of the Congressional Budget dress the revenue side of the equation. President’s budget that claims it is Office—you put in the cost to fix the They don’t want to cut the spending to going to reduce the deficit over the alternative minimum tax and the meet the revenue line, and they don’t next 5 years misses the point. The only President’s budget policy, the debt of want to raise the revenue to meet the way he gets to cutting the deficit in the country is going to go up $3.4 tril- spending line. half is he leaves out some items—war lion over the next 5 years. And our col- What we have here is a complete lack costs past September 30, the cost to fix leagues are out here talking about cut- of responsibility. There are a lot of the alternative minimum tax. A 5-year ting spending $35 billion. It is farcical. speeches about fiscal responsibility, budget hides the larger truth. The larg- It is farcical. but there is no reality of responsi- er truth is the President’s long-term They talk about fiscal responsibility. bility. Our Republican friends want to plan makes this whole situation much They are sending off a plan to increase focus on the spending side, and indeed worse. Why? Because the President’s the debt $3 trillion, and they run out we need to focus on the spending side, tax cuts absolutely explode right be- here with a plan to cut $35 billion of although they voted for this increase yond the 5-year budget window. spending. And by the way, that is not in spending. These have not been We used to do 10-year budgets. Then deficit reduction because they are also Democratic budgets. These are not the President changed to a 5-year budg- going to cut taxes $70 billion, so they Democratic spending bills. Our Repub- et. I believe the key reason for that are actually going to make the deficit lican friends are in charge of the Sen- change was he knows what these num- worse, in the face of $3 trillion of addi- ate and the House and the White bers show, just as I do. He and his peo- tional debt before the baby boomers re- House. They are responsible for every ple know exactly what is going to hap- tire. Come on. This is what is hap- dollar of increase in spending. Every pen beyond the 5-year budget window. pening to the debt under this plan— dollar they voted for. But they don’t The cost of his tax cuts explode. This is this budget plan that was passed in the

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23336 CONGRESSIONAL RECORD—SENATE October 20, 2005 Senate before Katrina. This is what it It took over 200 years of American Mr. DURBIN. Mr. President, I ask is going to do to the debt. These are history to run up an external debt of $1 unanimous consent that the order for not KENT CONRAD’s numbers. This is trillion. In the last 4 years, we have the quorum call be rescinded. what’s going to happen to the debt. It managed to more than double it. The PRESIDING OFFICER. Without is going to go up $600 billion a year Is anybody listening? Is anybody pay- objection, it is so ordered. each and every year for the next 5 ing attention? Is there anybody who is (The remarks of Mr. DURBIN are years—more than $600 billion. It went writing these news columns who is con- printed in today’s RECORD under up $550 billion last year. You talk necting the dots? Is anybody paying at- ‘‘Morning Business.’’) about building a wall of debt—and all tention to what is going on here with Mr. DURBIN. Mr. President, I yield at the worst possible time before the the fiscal condition of the country? the floor and suggest the absence of a baby boomers retire. Does anybody care? And what do we quorum. Now, the Comptroller General of the get from the mainstream media? Happy Mr. HARKIN. Mr. President, I ask United States has come to us and said, talk; the deficit went down. Debt went unanimous consent that the order for You have an utterly unsustainable sit- up, the deficit went down. the quorum call be rescinded. uation on your hands. You are running Yes, it went down to the third big- The PRESIDING OFFICER. Without these massive deficits, huge explosion gest ever. And the size of the deficit objection, it is so ordered. of debt before the baby boomers retire completely masks the true seriousness Mr. HARKIN. Mr. President, are we and guess what. You have a shortfall in of our fiscal condition because it under a time limit right now? Medicare alone of $29.6 trillion. You misses how much the debt increased. The PRESIDING OFFICER. The de- have a Social Security shortfall that is The debt increased by $551 billion. The bate will begin at 2 o’clock on the Reed projected at $4 trillion. In those two result is—here it is—we are borrowing amendment. alone, that is $33 trillion of unfunded more and more from abroad—more Mr. HARKIN. Mr. President, I am liabilities. than a 100-percent increase in the for- going to speak on the Reed amend- Is anybody paying attention? Does eign holdings of our debt in 4 years. ment, and I ask to be recognized to anybody understand where this is all Does anybody believe that is a sus- speak at this time. headed? This is a train wreck. That is tainable course? I do not. And here it The PRESIDING OFFICER. Without where we are headed—a train wreck. is. Here is the result. We owe Japan objection, it is so ordered. And what is the answer? To come out $684 billion. We owe China almost $250 AMENDMENT NO. 2077 here with a package that increases the billion. We owe the United Kingdom Mr. HARKIN. Mr. President, I rise to deficit some more? They have got to be over $170 billion. And here is my favor- speak in support of the amendment of- kidding. They have got to be kidding. fered by Senators COLLINS and REED to Mr. President, I do not believe this $4 ite, the Caribbean Banking Centers— add $3.1 billion in emergency funding trillion of shortfall in Social Security. the Caribbean Banking Centers. We for the Low-Income Home Energy As- I think that is a very bad estimate. I owe them over $100 billion. Where do think the shortfall in Social Security they get their money? We owe them sistance Program. I emphasize this is, is much less. Why? Because the as- over $100 billion. We owe South Korea indeed, emergency funding, not to sumption behind this projection is that almost $60 billion. come out of something else but emer- the economy is only going to grow 1.9 Mr. President, it is an utterly gency funding because it really is a cri- percent a year for the next 75 years. unsustainable course. The Comptroller sis. Over the previous 75 years, the econ- General of the United States has told During the cold winter months, omy grew at 3.4 percent a year. If the us it is unsustainable. The head of the LIHEAP is indispensable for low-in- economy were to grow in the future as Congressional Budget Office has told us come families, people with disabilities, it has in the past, 80 percent of the So- it is unsustainable. Alan Greenspan, and seniors on fixed incomes. Last Fri- cial Security shortfall would disappear. chairman of the Federal Reserve, has day, I held a roundtable discussion in Eighty percent would disappear. If the told us it is unsustainable. We are Hiawatha, IA, to hear firsthand from economy grows in the future as it has building up massive debt before the some of these citizens. They are not in the past, 80 percent of the Social Se- baby boomers retire, and the main- just concerned about high home heat- curity projected shortfall would dis- stream media run their stories saying ing costs this winter, they are right appear. So I think it is a very pessi- the deficits have improved. now almost in a state of panic. They mistic forecast. There is no attention to what has told me they face a choice between On the other hand, the shortfall in happened to debt, no attention to the staying warm and cutting back on ne- Medicare that is seven times, more train wreck that is coming. It is really cessities, such as medical care and pre- than seven times the projected short- a disconnection from reality that does scription drugs. fall in Social Security, I think that is, not serve our country well. The Amer- Their testimony is backed up by hard unfortunately, realistic because it is ican people deserve better. The Amer- data. According to a statewide Iowa based on two basic assumptions. No. 1, ican people deserve to be told honestly survey, more than 20 percent of house- the retirement of the baby boom gen- how deep this ditch is and how much it holds receiving LIHEAP report going eration. And that is no projection. is going to take to fill it in because we without medical care or prescription They have been born. They are alive cannot continue to run around the drugs. More than 10 percent reported today. They are going to retire. They world with a tin cup asking more and going without food in order to pay are going to be eligible. And No. 2, more countries to loan us more and their heating bills, and those numbers medical inflation is running well ahead more money. To have foreign countries are going to skyrocket this winter. of the underlying rate of inflation, and increase their holdings of our debt by Last winter, about 86,000 Iowa house- all of us know that is true. So the over 100 percent in 4 years is utterly holds received an average of $317 in Medicare shortfall is much more likely unsustainable. It is reckless and it is LIHEAP assistance. Most years, every- to come true than the Social Security wrong. It has to be stopped. To have one who applies gets some level of as- shortfall. And the hard reality is we al- our colleagues come out on this floor sistance, but this year we are headed ready can’t pay our bills. The hard re- with a reconciliation package that for big problems. As I learned in Hia- ality is we are already mushrooming makes it all worse is profoundly irre- watha, the applications for home heat- the debt in a way that is utterly sponsible, profoundly. ing assistance have jumped by 50 to 70 unsustainable. Senator, when you say I thank the Chair and yield the floor. percent this year. The director of the the increase in the debt is I note the absence of a quorum. local Community Assistance Program unsustainable, what do you mean? Here The PRESIDING OFFICER. The that administers LIHEAP in that part is what I mean. Foreign holdings of our clerk will call the roll. of Iowa told me that LIHEAP funds are debt have gone up 104 percent in the The legislative clerk proceeded to likely to be exhausted by mid-January, last 4 years. call the roll. right in the dead of winter. Community

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23337 services agencies all across America that. We need to support this amend- ing the elderly, received utility termi- are being deluged with calls from pan- ment to provide this emergency fund- nation notices. The average balance of icked senior citizens and others who ing so those who need the help the those who were disconnected was over don’t know how they are going to pay most are not left out in the cold. Peo- $1,000. their bills or heating bills. Many have ple are concerned. They are worried. Today, my State and other States had their utilities cut off and cannot They don’t know what they are going are struggling to get these people re- make past-due payments to get them to do. The least we can do today is say: connected using LIHEAP funds to get turned back on. Others are being Don’t worry, we are going to put the them back on the utility grid. That is threatened with cutoffs just as we head money in for LIHEAP; you are going to even before we have had the first cold into winter. This is something I be able to buy your gas, pay your elec- days of winter. learned in Hiawatha, but not too many tricity bills, and stay warm this win- A Rhode Islander receiving $400 from people here know. The Catch-22 situa- ter. LIHEAP last year could buy approxi- tion is this: If your gas or electricity Mr. President, I yield the floor. mately 235 gallons of heating oil, al- has been cut off, then you do not qual- The PRESIDING OFFICER. There is most a full tank, but at $2.60 a gallon, ify for LIHEAP. Let’s say you are now 30 minutes of debate equally di- which is the price that is being paid someone who has a past bill that you vided on the Reed amendment. today—in fact, in many cases that is a pretty good price; in fact, it is much have not paid; they say, We are not The Senator from Rhode Island. higher—$400 will only buy 150 gallons going to deliver your home heating oil, Mr. REED. Mr. President, I thank the of oil. That is a little over half a tank you cannot qualify for LIHEAP. Senator from Iowa for his eloquent and, to me, very persuasive remarks and may last in a very cold New Eng- So we are facing a real crisis. We 1 about the need for supporting this land winter about 2 ⁄2 weeks. know what the price of fuel oil has This year, with even higher energy amendment. This is something we done and what the price of natural gas prices facing Americans and more know is going to happen. Everyone un- has done. In Iowa, I heard that heating Americans living in poverty, the ad- oil has doubled since last year, and derstands energy prices are soaring out ministration and the House have sim- natural gas has gone up by almost 50 of sight. Last year, we did not have suf- ply come forward with $2 billion. It is percent. It will not be unusual to have ficient resources for LIHEAP with absolutely inadequate. We know it. We a $400 or $500 increase in an average prices that were much cheaper. This have an opportunity today to make it heating bill this winter. For an elderly year we know we are not going to have so that at least it will buy as much this person, a low-income family, and peo- sufficient resources. year as it did last winter. ple with disabilities, that is not a prob- So we have come together on a bipar- The average price for heating oil is lem, it is a catastrophe. It boggles my tisan basis. Senator COLLINS, Senator $2.65 per gallon. That is 65 cents higher mind that in the face of this over- SNOWE, Senator SMITH, Senator COLE- than it was last year this time. The av- whelming need, President Bush’s budg- MAN—many of my Democratic col- erage price of propane is $1.95 per gal- et proposed to cut LIHEAP funding by leagues have come together to do what lon. That is 32 cents higher than last nearly 10 percent. should be obvious to all of us: raise the year. The average price for natural gas We have been given abundant warn- level of LIHEAP funding to accommo- is $15.25 per million cubic feet. That is ing that local LIHEAP funding will be date these huge increases in prices. It $2.32 higher than last year. running out, as I said, as early as the is very simple, I think—I hope. What we have seen consistently, middle of January. But earlier this I hope we are in a process of begin- what we all recognize, what we see month, we voted down an amendment ning to understand all of the demands every day when we pass the gasoline to provide a boost in emergency fund- that are being placed on low-income station, is extraordinarily high energy ing. Last week, a reporter asked the Americans, and particularly seniors. prices. How can we reasonably fund Secretary of Energy, Mr. Bodman, if They received the Social Security in- this program with less dollars than we the administration plans to ask Con- crease of about $65 a month. Most of did last year with these soaring prices? gress for more funding for LIHEAP, that was taken up automatically by in- We are just trying to maintain what we given the big runup in energy costs. creased payments to their Medicare have. Secretary Bodman answered: Program, and whatever little is left is Frankly, last year a significant num- At least at this point in time, that’s not on going to be swallowed up by these ris- ber of households that would qualify the agenda. ing energy prices. because of income could not receive as- LIHEAP may not be on Secretary The Low-Income Home Energy As- sistance because those funds were in- Bodman’s agenda, and it may not be on sistance Program needs $5.1 billion just sufficient. the President’s agenda, but it is on the to maintain the status quo. The appro- I believe we have to increase the Senate’s agenda. We have an obligation priation to date, what the President LIHEAP funding to its fully authorized to do the right thing, to make sure our supports, is $2 billion. Now, $2 billion level of $5.1 billion. This bipartisan senior citizens and those with disabil- was inadequate last year; it is grossly amendment would do that by increas- ities are not left out in the cold. inadequate this year. ing the appropriation by the sum of Again, we have to do the right thing. I understand our colleague, the Sen- $3.1 billion. I hope my colleagues will We have to do what is fair. We know ator from Missouri, has indicated in join us and support this amendment. what has happened to the price of heat- terms of concept of the program he I reserve the remainder of my time. The PRESIDING OFFICER (Mr. ing oil and natural gas and electricity. supports it, and I appreciate those re- ALEXANDER). Who yields time? We know from the past how many peo- marks. We might have a debate about The time will be deducted equally whether this is the appropriate vehicle ple use LIHEAP and depend on it. It from each side. does not take a genius to calculate to place this amendment, but, frankly, The Senator from Iowa. that we have to come up with more time is running out; floor time is run- Mr. GRASSLEY. Mr. President, I ask money this year or people are going to ning out, and unless we are able to ap- unanimous consent to set aside the get cut off. What are we going to do? propriate these funds immediately, we Reed amendment for the purposes of Are we going to wait until January are going to have a real issue of getting my offering an amendment, and I will when all of a sudden we get reports them to deserving people throughout speak for about 6 or 7 minutes. about people being cut off? And we will this country. The PRESIDING OFFICER. Is there not even be here; we will be out of ses- Last winter Congress provided $2.2 objection? sion. I suppose we will come back the billion. Again this year they have al- Mr. REED. Mr. President, who would third week of January. ready cut that in the budget to $2 bil- that time be charged to? We can do better than this. We have lion. That is the administration’s re- The PRESIDING OFFICER. That to do better. America can do better quest. It was insufficient last year. In time will be charged to the majority than this. We are a better people than Rhode Island, 12,146 households, includ- side.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23338 CONGRESSIONAL RECORD—SENATE October 20, 2005 Mr. REED. I have no objection. ate claims for attorney’s fees, transfer fore, by the Senator from North Da- The PRESIDING OFFICER. Without records to the archivist, respond to kota. I think we provide a reasonable objection, it is so ordered. congressional inquiries and possible timeframe of 90 days after the report is The Senator from Iowa is recognized. litigation. published to wind down this office, AMENDMENT NO. 2160 My hope, and I believe the hope of with only the court allowed to con- Mr. GRASSLEY. Mr. President, I am the independent counsel, is that bar- tinue the office. Further, the amend- going to offer an amendment to this ring the unforeseen, this all can be ac- ment also limits the work of the inde- bill regarding the report of the inde- complished within the 90 days I have pendent counsel to the clerical work of pendent counsel on Mr. Cisneros. I within my amendment. closing the office. My amendment, know there has been much talk about So I want to assure my friend from then, prohibits those things that tend the need to bring to a close the inde- North Dakota I share his concerns to make things go on and on and never pendent counsel’s work, and I agree. about runaway and unnecessary spend- stop—investigations and prosecution. I tell my colleagues, as a radio an- ing, and would join him in watching This may not be a perfect solution to nouncer would say, about the rest of this matter closely and will be with getting this report out that has cost the story. The independent counsel him if we are not moving forward at a millions of dollars, but it is a fair com- completed his investigative activities reasonable pace to bring this operation promise and one that I think will get February 2003. The counsel completed to an end. the job done. Ideally, the report would and filed his report under seal to the Setting aside the matter of closure, I just be released, but there are people Special Division August 2004. That is want to focus on one last point: The who maybe do not want this report re- very important for every one of us to contents of this report and why they leased—consequently all the legal ac- understand as we consider this amend- are so vital. I hope I have a good rep- tion that has been holding it up for the ment. The investigative work is com- utation among my colleagues for doing last several—now, let’s say at least 14 pleted. The report is completed. the constitutional job of oversight that months. So what is the holdup in getting this each one of us has been assigned, to I send the amendment to the desk report out to the Congress and to the make sure that the laws are faithfully and ask for its immediate consider- public? It is not the independent coun- executed. I hope I have a reputation of ation. sel; rather it is the lawyers of the indi- doing oversight work regardless of The PRESIDING OFFICER. The viduals named in the report who have what political party might be in charge clerk will report. been engaged in one sole pursuit: to of the executive branch of Government. The legislative clerk read as follows: foot-drag every inch of the way filing While Mr. Cisneros’ name is there, The Senator from Iowa [Mr. GRASSLEY] every motion they can to delay, delay, and it is natural to see this through a proposes an amendment numbered 2160. delay. This foot-dragging by the law- partisan lens, let me assure my col- Mr. GRASSLEY. I ask unanimous yers has been going on for months. It is leagues that is not the case. The media consent the reading of the amendment because of this foot-dragging that the reports are giving very credible com- be dispensed with. independent counsel has had to con- mentary that the independent coun- The PRESIDING OFFICER. Without tinue its work. It has to respond to the sel’s report discusses problems at the objection, it is so ordered. mountains of pleas and motions that Office of Criminal Investigation in the The amendment is as follows: are filed by these lawyers. Internal Revenue Service and the De- On page 356, between lines 4 and 5, insert I would like to make another point, partment of Justice. These matters do the following: not involve Mr. Cisneros but raise ex- SEC. 408.(a) The division of the court shall and that is that the amendment does release to the Congress and to the public not two things: It provides that the report tremely important questions about the later than 60 days after the date of enact- will be released and published in 60 administration of the Tax Code. ment of this Act all portions of the final re- days, and by extension that the inde- As chairman of the Senate Finance port of the independent counsel of the inves- pendent counsel will close up and wind Committee, I take with great serious- tigation of Henry Cisneros made under sec- down his office within 90 days of publi- ness accusations of inappropriate ac- tion 594(h) of title 28, United States Code, ex- cation of the report and can only be ex- tivity at the Internal Revenue Service, cept for any such portions that contain in- tended by a finding of the court and and also as a senior member of the Ju- formation of a personal nature that the divi- diciary Committee, similar accusations sion of the court determines the disclosure of the publication by that court of an which would cause a clearly unwarranted in- exact time of when it will be shut at the Department of Justice. However, vasion of privacy that outweighs the public down. as my colleagues know, I cannot legis- interest in a full accounting of this inves- In addition, under my amendment it late or conduct oversight based on tigation. Upon the release of the final report, makes it clear that the independent whispers or rumors. I need the final re- the final report shall be published pursuant counsel shall not perform any inves- port. The American taxpayers have a to section 594(h)(3) of title 28, United States tigative or prosecutorial task in the re- lot of money in this report. We are Code. maining time period after the report is talking about millions of dollars. They (b)(1) After the release and publication of deserve a right to see this investiga- the final report referred to in subsection (a), published. the independent counsel shall continue his I have had some discussions with my tion and what their tax money was office only to the extent necessary and ap- friend, Senator DORGAN from North Da- spent for. More importantly, they de- propriate to perform the noninvestigative kota, on this subject on the side as I serve for there to be sunshine exposing and nonprosecutorial tasks remaining of his was preparing this amendment, and he problems in our Government and for statutory duties as required to conclude the has also spoken very eloquently on this legislators to be informed so that we functions of his office. subject in a previous day’s debate a few can take appropriate action, in my (2) The duties referred to in paragraph (1) weeks back. I want him to know I case, within the Senate Finance Com- shall specifically include— (A) the evaluation of claims for attorney agree with the concerns that he has mittee that I chair, or within the Judi- fees, pursuant to section 593(l) of title 28, that we must see the end of the inde- ciary Committee on which I serve. United States Code; pendent counsel. In conclusion, this is a vitally impor- (B) the transfer of records to the Archivist My first amendment reflected the tant amendment. It will give Congress of the United States pursuant to section same sentiment for closing the office a report that will provide tremendous 594(k) of title 28, United States Code; once the report is published. But, un- insight into problems in the adminis- (C) compliance with oversight obligations fortunately, as I was looking into the tration of the Tax Code and other gov- pursuant to section 595(a) of title 28, United matter more closely, it is not straight- ernmental misconduct. The amend- States Code; and (D) preparation of statements of expendi- forward to just shut down the inde- ment will also bring closure to the tures pursuant to section 595(c) of title 28, pendent counsel’s office. The inde- work of the independent counsel, a United States Code. pendent counsel, after publication, matter of concern to many and ex- (c)(1) The independent counsel shall have needs a short period of time to evalu- pressed eloquently, as I have said be- not more than 90 days after the release and

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23339 publication of the final report referred to in perature is 50 or 45 degrees. You can The clerk will call the roll. subsection (a) to complete his remaining put on sweaters and extra blankets but The assistant legislative clerk pro- statutory duties unless the division of the at some point you have to keep the en- ceeded to call the roll. court determines that it is necessary for the ergy flowing as best you can. They Mr. REED. Mr. President, I ask unan- independent counsel to have additional time imous consent that the order for the to complete his remaining statutory duties. will, in fact, as the studies indicate, (2) If the division of the court finds that avoid eating to heat their homes. quorum call be dispensed with. the independent counsel needs additional Our LIHEAP program in Rhode Is- The PRESIDING OFFICER. Without time under paragraph (1), the division of the land, as so many programs across the objection, it is so ordered. court shall issue a public report stating the country, is under tremendous stress Mr. REED. Mr. President, I under- grounds for the extension and a proposed and strain. Last year they served 26,000 stand that the Senator from Missouri date for completion of all aspects of the in- families, but if the President’s proposal made a motion under the Congressional vestigation of Henry Cisneros and termi- goes through with $2 billion, they will Budget Act 1974. I move to waive the nation of the office of the independent coun- only be able to service about 21,000 applicable sections of the act, for the sel. families. So 5,000 families will not get consideration of the pending amend- Mr. GRASSLEY. I yield the floor. I anything; 21,000 families lucky enough ment, and I ask for the yeas and nays. suggest the absence of a quorum. to qualify will receive resources, but it The PRESIDING OFFICER. Is there a Mr. REED. Mr. President, I ask the will be not as adequate as it was last sufficient second? time be charged to each side. year to buy heating oil, particularly There is sufficient second. The question is on agreeing to the The PRESIDING OFFICER. Without because the price has gone up so much. motion to waive section 402(b)(5) of the objection, it is so ordered. So it is again a situation I find difficult The clerk will call the roll. House Concurrent Resolution No. 95 to understand, why we cannot summon The assistant legislative clerk pro- with respect to the Reed amendment the will to do something which is so ceeded to call the roll. No. 2077. obviously necessary. Mr. REED. Mr. President, I ask unan- The clerk will call the roll. This is no innovative program. This imous consent the order for the The assistant legislative clerk called is no controversial program. I dare say quorum call be rescinded. the roll. everyone on this floor would say it is a The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the good program, it makes sense, it helps objection, it is so ordered. Senator from New Jersey (Mr. CORZINE) people who need help, particularly at a Mr. REED. Mr. President, I ask how is necessarily absent. time when prices are surging as they much remains of my time. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- are. Yet I hope we can come together COLEMAN). Are there any other Sen- and recognize we need something more ator has 71⁄2 minutes. ators in the Chamber desiring to vote? Mr. REED. Mr. President, I will than words. We actually need the ap- The yeas and nays resulted—yeas 53, make a few additional comments in the propriations to help keep these people nays 46, as follows: remaining time with respect to the whole, keep them, literally, warm this [Rollcall Vote No. 261 Leg.] LIHEAP program and this legislation. winter. YEAS—53 We have all been out to our commu- This is a very simple amendment. It nities. We have all visited with seniors. Akaka Feingold Nelson (FL) adds $3.1 billion. It would bring it up to Baucus Feinstein Obama I visited with a senior from Rhode Is- the level that was authorized in the Bayh Harkin Pryor land, a veteran of the U.S. military Biden Inouye Energy bill which we considered on Reed who is 88 years old—part of that great Bingaman Jeffords Reid this floor several weeks ago, recog- Boxer Johnson generation of World War II. He receives Rockefeller nizing the authorization levels had to Byrd Kennedy Salazar LIHEAP support. Frankly, this year Cantwell Kerry Santorum be raised given the increase in prices, Chafee Kohl even if he receives the same amount of Sarbanes given the need for more Americans to Clinton Landrieu money, it will not buy the same Schumer access the LIHEAP program. Coleman Lautenberg amount of fuel oil and it will be colder Smith The energy costs to the average fam- Collins Leahy in his home. As has been said so often Conrad Levin Snowe ily using heating oil this winter are es- Specter on this floor, and it has to be repeated, Dayton Lieberman timated to hit about $1,500, and that is DeWine Lincoln Stabenow we can do much better. We could do a significant increase, about $400 over Dodd Lugar Sununu much better for an 88-year-old veteran Talent last year. Natural gas could hit over Dorgan Mikulski of the U.S. military forces who last Durbin Murray Wyden $1,000, an increase of $350. Propane year got a little help and this year will NAYS—46 prices are projected to hit $1,400 for the get less help. We can do better and we average prices for the whole year of Alexander DeMint Martinez should do better. Allard Dole McCain heating, an increase of about $325. We need to fully fund LIHEAP up to Allen Domenici McConnell This is particularly burdensome for the authorized level of $5.1 billion. I Bennett Ensign Murkowski low-income families and families in think we have to do more, going for- Bond Enzi Nelson (NE) poverty. In fact, families who live in Brownback Frist Roberts ward on other energy projects. But Bunning Graham poverty spend over 20 percent of their Sessions let’s at least begin with adequately Burns Grassley Shelby Burr Gregg income on heat. That is in contrast to funding the LIHEAP Program. Stevens Carper Hagel other families, middle- and upper-in- Thomas I hope my colleagues will join my co- Chambliss Hatch Thune come families who spend about 5 per- sponsors, Senator COLLINS, Senator Coburn Hutchison Vitter cent during a heating season. So this is SNOWE, Senator SMITH, Senator COLE- Cochran Inhofe a huge impact, in fact, a more aggra- Cornyn Isakson Voinovich MAN on the Republican side, and many Warner vated impact, on low-income Ameri- Craig Kyl others on the Democratic side to en- Crapo Lott cans. sure that this amendment is passed and NOT VOTING—1 Frankly, the choice for many seniors we can at least guarantee minimum is very stark: to heat or to eat. A warmth for our seniors and low-income Corzine RAND study pointed out that low-in- families across this country. The PRESIDING OFFICER. On this come households reduce their food ex- With that, I reserve the remainder of vote, the yeas are 53, the nays are 46. penditures by roughly the same my time. Three-fifths of the Senators duly cho- amount as their increases in fuel ex- Mr. President, I suggest the absence sen and sworn not having voted in the penditures. They cut back on eating to of a quorum. I ask unanimous consent affirmative, the motion is rejected. heat their homes. It doesn’t take a the time be divided equally between The point of order is sustained. The RAND study to suggest why that is the both sides. emergency designation is removed. case. It is hard for a senior or for any- The PRESIDING OFFICER. Without Mr. BOND. I move to reconsider the one who lives in a home where the tem- objection, it is so ordered. vote.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23340 CONGRESSIONAL RECORD—SENATE October 20, 2005 Mrs. MURRAY. I move to lay that who travel to Cuba to take a vacation Here is Mrs. Slote. I have also met motion on the table. than they do tracking the money that Mrs. Slote. As you can see, she is about The motion to lay on the table was goes to support terrorism for Osama 76, 77 years old in this picture. She is a agreed to. bin Laden’s network. senior Olympian. She is wearing a bicy- Mr. BOND. Mr. President, I formally So let me describe what they do be- cling outfit because she likes to bicy- raise a point of order that the amend- cause, as you know, in this country’s cle. Joan Slote actually answered an ment violates section 302(f) of the Con- zeal to punish Fidel Castro—we are advertisement in a Canadian cycling gressional Budget Act. going to slap around Fidel Castro; we magazine. So she joined a Canadian cy- The PRESIDING OFFICER. The don’t like him; it is a communist coun- cling group on a tour of Cuba on bicy- point of order is sustained. The amend- try; he is a communist leader; we don’t cles. She didn’t know it was illegal for ment falls. like him; he sticks his finger in our eye an American to travel to Cuba. She Mr. BOND. Mr. President, I would in- repeatedly—we have slapped an embar- came back. Her son had brain cancer, quire if the Senator from North Dakota go for 40 years on Cuba. We also de- was dying, and she was attending to is prepared to move forward with his cided if American people travel to her son. amendment? Cuba, they shall be fined. So we have In the meantime, our sleuths down at Seeing no other Senators seeking restricted the freedom of the American the Treasury Department tracked her recognition, I suggest the absence of a people to travel in order to slap around down. They were going to slap a $10,000 quorum. Fidel Castro. fine on her, but she didn’t get it be- The PRESIDING OFFICER. The If you get on a plane today someplace cause she was not home. She was at- clerk will call the roll. The assistant and travel to Cuba, and you do not tending to her son who was dying of legislative clerk proceeded to call the have a license, here is what is going to brain cancer. roll. happen to you. By the way, you won’t So then, the next effort by the U.S. Mr. DORGAN. Mr. President, I ask be able to get a license because they Government was to attach her Social unanimous consent that the order for are offered down at the Office of For- Security. They were going to take her the quorum call be rescinded. eign Asset Control and over at the Social Security away. Why? Because The PRESIDING OFFICER. Without State Department, and if you apply for she bicycled in Cuba. objection, it is so ordered. a license to travel to Cuba, they will These folks in this picture are dis- AMENDMENT NO. 2133 say no. abled marathoners, folks in wheel- Mr. DORGAN. Mr. President, I take But I will give you an example. Kurt chairs, folks with lost limbs. They are the floor to withdraw an amendment, Foster went to Cuba. He was under sus- people with the kind of spirit that is in but I will not withdraw it for the mo- picion of having taken a vacation in the Special Olympics, who are disabled ment. I will say a few words and then Cuba. And be darned if he didn’t take a marathoners. Their big deal was going ask that the amendment be withdrawn. vacation in Cuba. He didn’t know it to be done in Havana, Cuba, the inter- I do not need consent to do that as was illegal. But he got back to this national event. They raised the money. sponsor of the amendment because the country and, boy, they tracked him They trained. They looked forward, yeas and nays have not yet been or- down. with great hope, to go to this inter- Those folks at the Office of Foreign dered. national event. Guess what. This coun- Assets Control, they have that magni- If there were a high school or college try denied the opportunity for them to fying glass and the cap with brims on student listening, I think it would be a travel to their international event. both sides, and they scour around to good lesson for them, particularly if Why? Because it was in Cuba. figure out if there is an American who I have no brief for the Castro govern- they are interested in political science, has gone to Cuba. ment. That is not my purpose. to understand where we are at this mo- They found this guy, Kurt Foster. All This man, as shown in this picture, ment from a parliamentary standpoint right. He purchased an airline ticket to by the way, is a Cuban. He came to this and why I am withdrawing the amend- Cuba and failed to declare Cuba as a country legally. He is an American cit- ment I offered yesterday. country visited, and they fined him izen. He joined the Marines. He went to Incidentally, this will not be the last $7,500. Then he used a credit card while Iraq and is a hero. This man has a my colleagues see of this amendment. in Cuba, and they fined him $1,000. Bronze Star for serving this country. We have had it on the floor before. It Then he paid for lodging, food, and Both his sons are still in Cuba. One of has been passed by the Senate before, drinks while in Cuba—he spent $175 them was desperately ill. He came back as a matter of fact, dropped in con- there—and they fined him $10,000 for from fighting in Iraq, where he earned ference. We will not have an oppor- that. Then he brought back a box of ci- a Bronze Star because of his heroism. tunity to vote on it now because of the gars and 27 other Cuban goods at $10 Then he wanted to visit his sick son in parliamentary circumstances. each, and that was a $520 fine. Cuba, and his Government said: You So let me describe what it is. First of So Mr. Kurt Foster was fined $19,020 don’t have the freedom to do that. You all, the amendment is germane and rel- by our U.S. Government. Why? What can’t see your son. evant to this appropriations bill. I have was the transgression? He visited Cuba. That is what his Government said. the right and did offer an amendment God forbid this man should visit Cuba. You fought for freedom in Iraq, but you yesterday that prohibits the expendi- But Kurt Foster, that is a man without don’t have the freedom here to travel ture of funds in this appropriations bill a face. to Cuba to see your son. by an organization called OFAC, the Let me just put a face on this issue, I offered a bipartisan amendment Office of Foreign Assets Control, which as I did yesterday. This is a picture of yesterday for myself, Senators CRAIG, is a relatively small Federal office deep Joni Scott. I met Joni Scott. She came BAUCUS, and ENZI, two Democrats, two in the bowels of the catacombs of the to my office. She is a wonderful young Republicans. That amendment has Treasury Department. The job of the woman, a missionary, someone with passed the Senate previously. The Office of Foreign Assets Control is to great zeal in her faith. amendment simply said: No funds may try to track down and intercept the She went to Cuba to distribute free be used in this appropriations bill to money that supports terrorism, to go Bibles on the streets of Havana, Cuba. enforce the travel limitations on the find the money that supports Osama This wonderful young American American people traveling to Cuba. bin Laden, to go find the money that woman wanted to distribute free Bibles Once again, what we have done is, we supports terrorism. in Cuba. She did not know you had to have decided to restrict the freedom of Well, the Office of Foreign Assets have a license. She came back. Our the American people in order to slap Control does more than that now. In Government tracked her down. They around Fidel Castro—not much of a fact, my understanding is they have are going to slap a big fine on her for bargain in a democracy. more people in the Office of Foreign distributing free Bibles in Cuba. That Senator MURRAY is from the State of Assets Control tracking Americans is Joni Scott. Washington. I know a man from the

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23341 State of Washington who, after his fa- afternoon and simply tell my colleague Mr. COBURN. Mr. President, I ask ther was cremated, took his father’s who offered this that he will have de- unanimous consent that the order for ashes to Cuba because his father want- layed this a bit. But inevitably, I and the quorum call be rescinded. ed his ashes dispersed on the grass in my colleagues will come to the floor. The PRESIDING OFFICER. Without the church where he had ministered in We will have a sufficient opportunity objection, it is so ordered. Cuba before coming to this country. to prohibit this kind of legitimate but AMENDMENT NO. 2165 TO AMENDMENT NO. 2065 When his father died, his compliant son certainly strange mischief with a sec- Mr. COBURN. Mr. President, I call did what he was requested to do. He ond-degree amendment on abortion at- for the regular order with respect to went to Cuba to distribute his father’s tached to a Cuba travel amendment. It amendment No. 2065, and I send a sec- ashes. is going to happen. We are going to ond-degree amendment to the desk. Our Government—God bless those vote on this and we will, as we have in The PRESIDING OFFICER. The folks in OFAC with those tiny little the past, vote to eliminate the restric- amendment is now pending. glasses and that magnifying glass tion of the American people’s right to The clerk will report. tracking American citizens—tracked travel. The legislative clerk read as follows: him down and levied a fine for taking I know why this is happening. This is The Senator from Oklahoma [Mr. COBURN] his father’s ashes to Cuba. all about politics. It is about politics in proposes an amendment numbered 2165 to Now I offer the amendment. The Sen- Florida and politics in New Jersey and amendment No. 2065. ate has previously agreed to the perhaps a couple other areas, but most- Mr. COBURN. I ask unanimous con- amendment. Sufficient votes exist in ly Florida and New Jersey. It is reach- sent that reading of the amendment be the Senate to agree to the amendment. ing out to those people who block the dispensed with. Yesterday a colleague, following the vote because the tougher you sound on The PRESIDING OFFICER. Without rules of the Senate, came and offered a Cuba, the better for them. So the objection, it is so ordered. second-degree amendment. What is the President, about 3 years ago, decided to The amendment is as follows: second-degree? It is about abortion. So tighten it up even further, shut it (Purpose: To make a perfecting amendment) the reason I say this is an interesting down. Family vacations, family oppor- At the appropriate place, add the fol- lesson for people involved in political tunities to interact, to send money lowing: science is, we now have an amendment home, he has tightened it all down. Section 144(g)(1) of title 23, United States that deals with the issue of the free- Incidentally, there is an amendment Code, is amended— dom of the American people to travel that was passed that is now law offered (1) in subparagraph (A)(ii), by striking ‘‘for to Cuba second-degreed with an amend- by myself and then-Senator John the construction of a bridge joining the Is- land of Gravina to the community of Ketch- ment dealing with abortion. Ashcroft. Talk about odd fellows; Sen- ikan in Alaska’’ and inserting ‘‘for the re- My colleague Senator ENSIGN offered ator Ashcroft and I together offered an construction of the Twin Spans Bridge con- this second-degree amendment, the amendment that became law that fi- necting New Orleans, Louisiana, and Slidell, Child Custody Protection Act, related nally opened up a bit the ability of our Louisiana’’; to the transportation of minors and country to sell food into Cuba. We had (2) by striking subparagraph (B); and circumvention of certain laws relating been unable to even move food into (3) by redesignating subparagraph (C) as to abortion. It is an interesting lesson Cuba. Senator Ashcroft and I offered subparagraph (B). in how our system works around here. (b) Item number 14 of the table contained the amendment. It is now law. We can in section 1302 of the Safe, Accountable, We will offer this again. One of my do that. The administration is now try- Flexible, Efficient Transportation Equity colleagues was intending to offer a sec- ing to shut that down. I fixed that in Act: A Legacy for Users (Public Law 109–59; ond-degree so we wouldn’t have this this subcommittee at the sub- 119 Stat. 1144) is amended— mischief, but that second-degree didn’t committee level. I have a provision in (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; get offered. So the result is, another this bill that shuts down the adminis- and colleague comes over and offers an tration’s opportunity to play mischief (2) by striking ‘‘Planning, design, and con- abortion amendment on a very simple, with the opportunity for our farmers to struction of Knik Arm Bridge’’ and inserting germane, and relevant amendment ‘‘Reconstruction of Twin Spans Bridge con- sell food into Cuba. It is immoral to necting New Orleans and Slidell, Louisiana’’. dealing with the subject of travel to use food as a weapon. We know that. (c) The table contained in section 1702 of Cuba. This isn’t rocket science. the Safe, Accountable, Flexible, Efficient One of the things that makes the I wanted to explain as I withdraw Transportation Equity Act: A Legacy for American people a little less than ec- this amendment for the moment why I Users (Public Law 109–59; 119 Stat. 1144) is static about the way we work here is am forced to withdraw it: because the amended— things that ought not use any brain- majority slaps an abortion amendment (1) in item number 406— power at all, such as deciding to penal- on an amendment dealing with the (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; ize Americans, taking away the free- and American people’s right to travel. It is (B) by striking ‘‘Planning, design, and con- dom of the American people to travel unbelievable. It is within the rules, but struction of a bridge joining the Island of because we don’t like the Cuban gov- still unbelievable. Gravina to the Community of Ketchikan’’ ernment. We don’t do that with China. Those who have gained a few days and inserting ‘‘Reconstruction of Twin Spans China is a communist government. We respite on this will not apparently have Bridge connecting New Orleans and Slidell, say the best way to move people to- to vote today when I withdraw the Louisiana’’; ward better human rights and democ- amendment, but they will vote. When (2) in item number 2465— racy is through trade and travel. So we they vote, the Senate will approve the (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; encourage people to go to China. Viet- underlying amendment that I, Senator and (B) by striking ‘‘Planning, design, and con- nam is a Communist country. We do CRAIG, Senator ENZI, and Senator BAU- struction of Knik Arm Bridge’’ and inserting the same—engagement, trade, and CUS have offered. ‘‘Reconstruction of Twin Spans Bridge con- travel. But we say with respect to AMENDMENT NO. 2133, WITHDRAWN necting New Orleans and Slidell, Louisiana’’; Cuba, what we have to do is restrict With that, I withdraw the amend- (3) in item number 3323— the freedom of the American people. ment No. 2133. (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; That is unbelievably ignorant as a pub- The PRESIDING OFFICER. The and lic policy. amendment is withdrawn. (B) by striking ‘‘Earthwork and roadway We will change it one day, and there Mrs. MURRAY. I suggest the absence construction Gravina Access Project’’ and are sufficient votes in the Senate to inserting ‘‘Reconstruction of Twin Spans of a quorum. Bridge connecting New Orleans and Slidell, change it. But because there is now a The PRESIDING OFFICER. The Louisiana’’; and second-degree amendment dealing with clerk will call the roll. (4) in item number 3677— abortion attached to the amendment, I The legislative clerk proceeded to (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; will withdraw the amendment this call the roll. and

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23342 CONGRESSIONAL RECORD—SENATE October 20, 2005 (B) by striking ‘‘Planning, design, and con- the programs that were eliminated en- troversial new Alaska bridges, which include struction of Knik Arm Bridge’’ and inserting tirely were FDR’s own prized creations. a Lynn Canal road.’’—Alan Munro, Juneau, ‘‘Reconstruction of Twin Spans Bridge con- By 1944, such pillars of the New Deal as Juneau Empire Letters, Sept. 7, 2005. There is no free federal money; what we necting New Orleans and Slidell, Louisiana’’. the Civilian Conservation Corps, the (d) Item number 2 of the table contained in Alaskans get is money that some other section 1934 of the Safe, Accountable, Flexi- National Youth Administration, and state—and its people—don’t get. Even those ble, Efficient Transportation Equity Act: A the Work Projects Administration had many of us who’ve recognized that our con- Legacy for Users (Public Law 109–59; 119 been abolished. In 1939, those three pro- gressional delegation has brought in more Stat. 1144) is amended— grams had represented one-eighth of than our fair share have found it easy to (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; the Federal budget. Roosevelt and the turn our heads and let it be. But now we and Congress of his day knew what to do in have a vivid picture of the devastation that (2) by striking ‘‘Improvements to the Knik an emergency. Indeed, he chose to can come to others when we ‘‘win’’ the funds for nonessential and even controversial Arm Bridge’’ and inserting ‘‘Reconstruction begin the reordering of budget prior- of Twin Spans Bridge connecting New Orle- projects that others desperately needed for ans and Slidell, Louisiana’’. ities long before Pearl Harbor. survival.’’—Doreen Ransom, Anchorage, An- (e) Sections 1949, 4410, and 4411 of the Safe, In October 1939, 1 month after Hitler chorage Daily News Letters, Sept. 25, 2005. Accountable, Flexible, Efficient Transpor- invaded Poland, Roosevelt wrote Har- ‘‘I’m embarrassed to see the town of Ketch- tation Equity Act: A Legacy for Users (Pub- old Smith, his budget director, order- ikan become synonymous with a $300 million lic Law 109–59; 119 Stat. 1144) are repealed. ing him to hold budgets for all Govern- bridge,’’ . . . Troll said he believes that, if (f) No funds made available under this Act ment programs at the present level and there were an election right now on using shall be used to plan, design, or construct, in below if at all possible. The next month the money for the bridge or for building up the State of Alaska— the New Orleans levees, almost everyone in (1) the Knik Arm Bridge; or he told him the administration would town would say no to the bridge.—Ketchikan (2) a bridge joining the Island of Gravina to not undertake any new projects, even artist Ray Troll, in ‘‘Bridge to Nowhere? Na- the community of Ketchikan. laudable ones. He told reporters that tional spotlight has Ketchikan uncomfort- (g) Nothing in this section or an amend- the next year his policy would be to able’’, Sean Cockerham, Anchorage Daily ment made by this section affects the alloca- cut nonmilitary programs to the bone. News, Sept. 18, 2005. tion of funds to any State other than the He kept his word. Between 1939 and 1942 ‘‘The decent thing—that is, the American States of Alaska and Louisiana. spending for nondefense programs was thing—for Alaskans and our congressional Mr. COBURN. Mr. President, I sug- cut by 22 percent. Everyone realized delegation to do would be to send these ill- gest the absence of a quorum. gotten half-billion dollars south to address that no matter how popular or deeply the real needs of millions, rather than squan- The PRESIDING OFFICER. The entrenched the program, the Nation’s dering them here on corporate welfare ‘‘leg- clerk will call the roll. priorities had to change. acy’’ projects that line the pockets of a The legislative clerk proceeded to I believe we find ourselves as a na- few.’’—John Doyle, Anchorage, Anchorage call the roll. tion at that point in time again. With Daily News, October 7, 2005. Mr. COBURN. Mr. President, I ask the catastrophe we have seen to our ‘‘This money, a gift from the people of unanimous consent that the order for gulf coast, with the war in Iraq, with Alaska, will represent more than just mate- the quorum call be rescinded. the energy crisis, and with the budget rial aid; it will be a symbol for our belea- The PRESIDING OFFICER. Without guered democracy.’’—Art Weirner, Anchor- deficit, it is time for us to change our age Daily News Letter, Sept. 13, 2005. objection, it is so ordered. priorities. ‘‘Alaska’s lone congressman can take some Mr. COBURN. Mr. President, I have The second-degree amendment does gut satisfaction in telling critics of his offered a second-degree amendment not save the amount of money I wanted transportation bill plums for Alaska to ‘‘kiss that deals with a subject that has been it to save, but it does save $75 million, my ear.’’ But he’d be wise to lend an ear to on everyone’s mind. It has been in and it takes that $75 million and sends what the rest of the country is grumbling every newspaper in the country. It is it to the Lake Pontchartrain Bridge. It about Alaska. A touch of grace may do more for Alaska about almost $500 million for bridges in eliminates two bridges that should be the State of Alaska that, although than a crude invitation. After all, the state very low priority in terms of the infra- just announced that Permanent Fund divi- they may be needed, are priorities, as structure of this country. All the dend checks of $845.76 will be going to every we have discussed today, that are very money that is not taken from those Alaskan this fall. That’s $510 million, about low on the totem pole in terms of the bridges can be reprogrammed, portions $60 million more than the federal money as- needs of the country. of it can be reprogrammed to the State signed to the Knik Arm Crossing and the I would also state, as I have earlier of Alaska for things they and their Ketchikan Bridge to Gravina Island.’’—‘‘Kiss today, that we find ourselves in a sig- elected representatives would deem what? Did he mean, kiss my earmark,’’, An- chorage Daily News Editorial, Sept. 24, 2005. nificant difficulty as a nation. We had might be more important. the worst natural disaster to hit our ‘‘Amen . . . send our bridge money to New I think it is important also to know Orleans.’’—Bobbie McCreary, Ketchikan, country we have ever experienced. We what the people of Alaska think. I ask Stories in the News, Sept. 6, 2005. are in a war. We added $600 billion to unanimous consent to submit for the our national debt this last year. That RECORD quotes from letters to the edi- [From the Anchorage Daily News] is not our national debt. That is our tor and editorial opinions from the ALASKANS WHO SENT DELEGATION TO D.C. children’s and our grandchildren’s na- major newspaper in Alaska on the sta- OWE HURRICANE SURVIVORS AN APOLOGY tional debt. That is over $2,000 per tus of these two bridges. As Alaskans view from afar the physical man, woman, and child. In this country There being no objection, the mate- destruction and social devastation caused by this year we added to what they are rial was ordered to be printed in the Hurricane Katrina, we should be mindful of the distorted priorities promoted by Rep. going to have to pay back, compounded RECORD, as follows: Don Young and Sen. Ted Stevens. While they at 6 percent over the next 30 years, LETTERS TO THE EDITOR FROM ALASKANS— $30,000 to $40,000. pork-barreled hundreds of millions of dollars ALASKANS CALL TO GIVE BRIDGES MONEY TO to build boondoggle bridges in Anchorage I think it is important for us to look HURRICANE VICTIMS and Ketchikan to benefit their friends and back at history a little bit to help us ‘‘Thinking about the immense disaster in political contributors, they and their part- get redirected in terms of our prior- the Gulf states, it occurred to me that the ners in the Bush administration repeatedly ities. There was a President who faced most effective thing that Ketchikan resi- cut the funds requested by the Army Corps of tremendous difficulties in our Nation. dents could do to help would be to return the Engineers, Federal Emergency Management His name was Franklin Delano Roo- money earmarked for our Gravina Bridge.’’— Agency and state and local governments for sevelt. He made a lot of great decisions Dave Person, Ketchikan, Stories in the projects that could have prevented the New for our country—enabled us to win News, Sept. 3, 2005. Orleans disaster. ‘‘We must all seriously demand that our Sen. Stevens and Congressman Young World War II through his leadership. Alaska congressional delegation take imme- should be ashamed of their greed and corrup- But less well known is FDR’s decision diate steps to recall and to redistribute the tion that has harmed so many and brought to slash nondefense spending by over 40 millions of dollars now earmarked for non- disgrace on our nation. Our entire congres- percent between 1942 and 1944. Among essential and highly questionable and con- sional delegation has also argued on behalf

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23343 of their energy-industry friends against over- My hope was that I could move all million for two bridges. The merits of whelming scientific evidence of the human- the money, but under the technical both these projects have been ques- caused global warming that is exacerbating ways we run bills and under the for- tioned, wildly questioned, including by the destructiveness of storms and destroying mula of the Transportation Depart- citizens of Alaska. The Ketchikan our fragile Alaska ecosystems. Alaskans owe an apology to the people of ment, that is not possible. I believe the Bridge has been called the bridge to no- New Orleans, to Alaska Native people and to American people would like to see all where—$4,460,000 per resident to build a the nation for their selfish shortsightedness of that. But let me quote Dave Person bridge that already has an adequate, in sending these scoundrels to Washington from Ketchikan: Thinking about the safe, effective, and efficient ferry serv- and voting to keep them there. immense disaster in the Gulf States, it ice. This bridge will be nearly as long occurred to me the most effective as the Golden Gate Bridge and taller LET’S DONATE A BRIDGE TO VICTIMS OF thing we can do as residents of our is- than the Brooklyn Bridge. The Gravina KATRINA land would be to return the money ear- Bridge would replace the 7-minute SEPTEMBER 3, 2005. marked for our Gravina Bridge. ferry, as I have mentioned. Thinking about the immense disaster in This is the people of Alaska, with The second Alaska bridge, the Knik the Gulf states, it occurred to me that the compassion. They know what is right. Arm Bridge, is designed as a 2-mile toll most effective thing that Ketchikan resi- bridge across the Knik Arm Waterway dents could do to help would be to return the They know what we should be doing. money earmarked for our Gravina bridge. I Here is another citizen from Alaska: in Anchorage to Fort McKenzie, and would assume that most Ketchikan residents I am embarrassed to see the town of the Matanuska Valley. would agree that thousands of suffering fel- Ketchikan become synonymous with a No more than a few dozen individuals low citizens and billions of dollars of de- $300 million bridge. If there were an live in the area the bridge will serve. stroyed economic and social infrastructure election right now on using the money According to the Knik Arm Bridge and are of higher priority than our ability to for the bridge or building up the New Toll Authority, the project will cost drive to the airport. Orleans levees or repairing a bridge in $400 to $600 million. Using the esti- DAVE PERSON, mates from a decade ago, the project Ketchikan, AK—USA. New Orleans, almost everyone in town would say no to the bridge. Anchorage would cost $1.5 billion when adjusted [From the Anchorage Daily News, Sept. 13, Daily News. for inflation. 2005] And: The decent—that is, the Amer- Before it is said and done, this bridge will probably require another $1 billion JUST SAY NOTOPORK, ALASKA—VOTE TED ican thing—for Alaskans and our con- STEVENS, HIS PALS OUT OF OFFICE gressional delegation to do would be to of taxpayer money—well within the If we are to control federal spending, we send these one-half billion dollars massive transportation bills we will be must get a handle on local, parochial inter- south to the real needs of millions, passing over the next years. But the ests. People keep telling me that Alaska is a rather than spending them here in question I ask is if repairing a vital very conservative place as far as fiscal issues Alaska on legacy projects that benefit interstate bridge in Louisiana, used by go. Well, to me that means keeping govern- a few. thousands and thousands and thou- mental spending under control. Anchorage Daily News, September 13, sands of drivers every year, hundreds of Do your part, Alaska, and vote Ted Ste- thousands of drivers, should be a high- vens and his pigsty of friends out, and say no 2005: This money, a gift from the people of Alas- er priority than constructing two mas- to pork. Quit being selfish and expecting sive bridges of dubious value and little your politicians to bring home the bacon. ka, will represent more than just material JOE HARDIN. aid; it will be a symbol for our beleaguered merit. We are now at $8 trillion in debt as a nation, and $600 billion of that Mr. COBURN. I will quote a few of democracy . . . I would assume that most Ketchikan resi- came this last year. It is time we think those, if I might. The first is from Dave dents would agree that thousands of suf- about priorities. Person, Ketchikan, the very place fering fellow citizens and billions of dollars It is my understanding this amend- where 50 people live and a $230 million- of destroyed economic and social infrastruc- ment is going to be vigorously opposed plus bridge is going to go to service ture are of higher priority than our ability by the home State Senators. This has to drive to the airport. them. So you can get perspective on nothing to do with my respect for them this, $230 million for 50 people, where The I–10 twin span bridge in Lou- but has everything to do with my re- there is a ferry service already running isiana is a 5.4-mile stretch of Interstate spect for our country and our desire to every 15 to 20 minutes that takes 7 10 over Lake Pontchartrain. It con- change the way we put our priorities minutes to cross, is enough money to nects New Orleans with the city of Sli- on spending. If you think about the un- buy each one of them a Learjet. Think dell. The twin span serves as the major funded liabilities that are coming, $37 about that for a minute—a bridge route into New Orleans for interstate trillion on Medicaid and Medicare, an- longer than the Golden Gate for 50 peo- commerce, resident mobility, and other $8 or $9 trillion on Social Secu- ple to a small area in Alaska. That is working commuters. Storm surge from rity, a debt that is soon to reach, by enough money to buy every one of the Hurricane Katrina caused extensive 2009, 2010, $12 trillion, how much more inhabitants a speedboat to cross any damage to both spans of the bridge, can we give to our kids, our grand- time they wanted. They could cross knocking 435 concrete segments out of children? and leave the speedboat for somebody alignment. Each segment weighs 309 Is it not a time when we at this else to pick up and buy a new one the tons. The eastbound span was repaired point, in consideration of everything very next day and still not spend this with several undamaged segments from that is in front of us, the problems, the much money. the westbound span and was just magnitude of the problems, the struc- So the fact is, it is the priorities we opened to two-way traffic. The west- tural deficit we have, make the hard have in our country that are askew bound span is not scheduled to be open choices about picking winners and los- today. The priority of spending almost until at least January. The Louisiana ers that affect the most people? But one-half billion dollars on bridges to a Department of Transportation plans to more importantly, isn’t it about time very small section of the population solicit bids on replacement of the twin- we change the whole attitude about needs to be addressed. spin bridge in the spring of 2006. Each how we operate in terms of cutting What this amendment does is pro- three-lane span will be elevated to a spending? The American people want hibit and directs no money to be spent height to avoid the type of damage to help the people of Louisiana, Mis- on these bridges. That does not mean that Katrina caused. The preliminary sissippi, and Alabama. There is no Alaska will not get the same amount of estimate of construction cost is $500 question. They also want to help the money. It will get the same amount of million and it will take 3 years to people of Alaska, but the Alaskan peo- money less $75 million, and it directs build. The recently enacted Transpor- ple have already said they are willing $75 million to go to the twin span tation bill included the $223 million for to help with this. We ought to do this. bridges of I–10 that were knocked out the Ketchikan Bridge and to Gravina It is only $75 million that will go to- during Hurricane Katrina. Island, a total of $229 million, or $452 ward the cost, but that is $75 million

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23344 CONGRESSIONAL RECORD—SENATE October 20, 2005 that won’t get transferred in emer- trust fund, and put it into obviously a ask that my amendment be modified, gency spending for our children and badly needed reconstruction project in which I have the right to do. our grandchildren. It is something that Louisiana, which is going to be funded The PRESIDING OFFICER. The Sen- is the right thing to do. It is something by the emergency appropriations bills ator does have a right to modify his that is the timely thing to do. And it is that will be coming before us. amendment. The amendment is so something we ought to do not for right Secondly, I happen to believe that modified. now but for our children and our grand- the money is not going to be spent un- The amendment, as modified, is as children. less the people of all of Alaska and follows: I also would note that this still gives their leaders are convinced it is the On page 356, between lines 4 and 5, insert tons of flexibility to the State of Alas- right place to spend it. Why do I know the following: that? When I first came to Washington, SEC. 408.(a) The division of the court shall ka. There are two types of money in release to the Congress and to the public not the highway bill, discretionary money I thought it would be a great idea to later than 60 days after the date of enact- and program money. This only takes build a small road someplace. I put an ment of this Act all portions of the final re- away discretionary money and limits earmark, a modest amount, in a bill for port of the independent counsel of the inves- the program money on these two work on a little highway. The depart- tigation of Henry Cisneros made under sec- bridges, for anything that comes out of ment of transportation in Missouri did tion 594(h) of title 28, United States Code, ex- discretionary will be than more than not agree with it. That money never cept for any such portions that contain in- paid for by this elimination. got spent. Roads get built, bridges get formation of a personal nature that the divi- sion of the court determines the disclosure of With that, I will yield the floor. built in areas where the State trans- which would cause a clearly unwarranted in- The PRESIDING OFFICER. The Sen- portation authority, whether it be the vasion of privacy that outweighs the public ator from Missouri. commissioner or the Governor, wants interest in a full accounting of this inves- Mr. BOND. Mr. President, I believe them to be built. tigation. Upon the release of the final report, before long, when they complete a There is a study ongoing as to wheth- the final report shall be published pursuant markup, that the Senator from Alas- er this bridge is needed, whether a tun- to section 594(h)(3) of title 28, United States ka—probably both Senators will be nel would be more efficient, or whether Code. (b)(1) After the release and publication of here. They will have an opportunity to a speedier ferry system would work the final report referred to in subsection (a), speak, and I am confident we will hear out. The ferry is charming—not really the independent counsel shall continue his a very different side of that story. I do fast going across from the airport to office only to the extent necessary and ap- not presuppose to speak for the Sen- Ketchikan, but it will get you there. propriate to perform the noninvestigative ators from Alaska, but let me tell you What is the best way to handle it? My and nonprosecutorial tasks remaining of his my own personal observations on the own personal view is that the people of statutory duties as required to conclude the situation. functions of his office. Alaska will make that decision. I ques- (2) The duties referred to in paragraph (1) No. 1, it certainly would not have tion whether they would move to go shall specifically include— been my priority. Right now, there are ahead with that bridge. We will have (A) the evaluation of claims for attorney about 50 people on the island to which an amendment, which is being pre- fees, pursuant to section 593(l) of title 28, Ketchikan would be connected. The is- pared, that will say the bridge should United States Code; land has an airport on it. They view not be built until the badly needed (B) the transfer of records to the Archivist this as a major economic development bridge between New Orleans and Slidell of the United States pursuant to section area for the community of Ketchikan. is built, during which time I believe 594(k) of title 28, United States Code; The town has been devastated be- (C) compliance with oversight obligations the Alaska transportation authority is pursuant to section 595(a) of title 28, United cause of the Federal cutoff of timber studying it before it would even begin States Code; and sales which used to be the major indus- to be built. I believe that is a more ap- (D) preparation of statements of expendi- try in Ketchikan, so they are looking propriate way to deal with this ques- tures pursuant to section 595(c) of title 28, to develop alternative sites. Ketchikan tion. United States Code. is right on the side of a very steep I have heard lots of people com- (c)(1) The independent counsel shall have mountain. It is essentially one long plaining about this bridge, but, again, not more than 45 days after the release and narrow main street. Once you go off most of them do not know the situa- publication of the final report referred to in subsection (a) to complete his remaining the main street, you are going up the tion in Ketchikan. While I question it, statutory duties unless the division of the hill. Not a great place for economic de- it is not my job to say what the trans- court determines that it is necessary for the velopment. portation priorities of Minnesota are or independent counsel to have additional time I was there, and I spoke with the Alaska or Washington or other States. to complete his remaining statutory duties. leaders in the town. They view this as It raises a question in my mind, and I (2) If the division of the court finds that their salvation. They think this is ex- understand why my colleague raised it. the independent counsel needs additional tremely important to their continued I think before we move on this time under paragraph (1), the division of the economic development. Nevertheless, I amendment, we will want to hear from court shall issue a public report stating the grounds for the extension and a proposed see some real problems with it because the Senators from Alaska and look at date for completion of all aspects of the in- that bridge would go across an inlet an alternative amendment which I be- vestigation of Henry Cisneros and termi- which is a major floatplane landing lieve would satisfy most people’s ques- nation of the office of the independent coun- area for floatplanes coming in and out tions to make sure a badly needed sel. of Ketchikan. In addition, large cruise bridge in Louisiana is completed and Mr. GRASSLEY. Mr. President, I ships 250 feet tall come through there. also that nothing goes forward on the also ask unanimous consent that Sen- They would have to build a bridge over Alaska bridge until there is a study ator DORGAN be added as my only co- that. completed and the transportation au- sponsor on this amendment. I am not sure this would make sense. thority in Alaska makes a decision. The PRESIDING OFFICER. Without But the fact remains, this is not a deci- The PRESIDING OFFICER. The Sen- objection, it is so ordered. sion which is being made by people ator from Iowa. Mr. GRASSLEY. Mr. President, in 15 from Missouri and Washington and AMENDMENT NO. 2160, AS MODIFIED seconds I wish to say that I appreciate other places. I did not like it, but I am Mr. GRASSLEY. Mr. President, I ask very much the accommodations Mr. an outsider. unanimous consent that the Grassley DORGAN has made and the fine dialog The chairman of the House Transpor- amendment be taken up. We can handle we had in bringing a compromise to my tation and Infrastructure Sub- it in about 2 or 3 minutes. amendment. I compliment him on the committee made it a top priority. It is The PRESIDING OFFICER. Without work he did on this issue 2 or 3 months telling the people of Alaska that we are objection, it is so ordered. ago on a similar amendment. I appre- going to take away highway money, Mr. GRASSLEY. Mr. President, I ciate very much the cooperation we which was paid into the highway user send a modification to the desk and have had.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23345 I yield the floor. Mr. BOND. Mr. President, we have ciate, and almost $300 million more The PRESIDING OFFICER. The Sen- followed this discussion for a long than what the House has appropriated ator from North Dakota. time. This independent counsel has in their bill. Mr. DORGAN. Mr. President, I am been working on this investigation I wished to come and thank the pleased to have worked with my col- since I was a very junior Member of the chairman and ranking member of the league from Iowa. He offered a similar U.S. Senate. Not only has my hair got- committee. I think the fact that we amendment to the one I offered some ten gray, but I think the independent have not seen any Amtrak amend- months ago. We have worked out a counsel has gotten a lot grayer as well. ments to increase the funding shows we modification of that amendment. I be- Not only does the clock keep running, have worked very hard together to get lieve it advances the right interest but the expense keeps running. a good, solid number to go into con- here. At the same time, there were very se- ference, with the hope that we can get Let me describe what this does. It rious allegations raised to the inde- good, strong support for this vitally deals with an independent counsel and pendent counsel, and those, I gather, important part of southeastern Penn- the funding for an independent counsel have had findings attached to them, sylvania’s transportation network. and the report that should be published whether they were accurate or not, and I want to again thank the chairman by that independent counsel. This inde- it is time we brought this to a close and ranking member for their excellent pendent counsel was for investigating and find out what the independent work. former Secretary Cisneros where some counsel found because it goes to the op- I yield the floor and I suggest the ab- money allegedly had been paid to eration of the Department of Treasury sence of a quorum. The PRESIDING OFFICER. The someone else, lying to the FBI, et and other agencies in the Federal Gov- clerk will call the roll. cetera. So an independent counsel was ernment. If he found a problem, it is created. That was nearly 11 years ago. The assistant legislative clerk pro- time we go about fixing the problem. ceeded to call the roll. That independent counsel is still work- I know the Judiciary Committee and ing, spending at the rate of about $2 Mr. STEVENS. Mr. President, I ask the Finance Committee are very much unanimous consent that the order for million a year. interested in this. Our committee is in- In 1995, the charge existed which the quorum call be rescinded. terested in it. caused the independent counsel to be The PRESIDING OFFICER. Without I thank my colleague from Iowa and created. In 1999, Mr. Cisneros pled objection, it is so ordered. my colleague from North Dakota. I ask guilty. In 2001, Mr. Cisneros was given Mr. STEVENS. Mr. President, the to be added as a cosponsor because all a Presidential pardon. It is all gone, highway reauthorization bill recently good things come to an end, and even but the independent counsel is still passed the Congress. It was several independent counsel investigations working nearly 11 years later. years in the making and the result of a I previously offered an amendment come to an end. compromise. Now one of our colleagues that had passed the Senate but then The PRESIDING OFFICER (Mr. COR- feels it is his responsibility to rewrite died in conference that would just shut NYN). Without objection, it is so or- portions of that bill to achieve his off the money. My colleague from Iowa dered. goals, not those that are expressed in The PRESIDING OFFICER. If there has perhaps even a more thoughtful the law itself. is no further debate, the question is on amendment, but it is one I fully sup- Unfortunately, the manner in which agreeing to amendment No. 2160, as port and am pleased to join him on the Senator wishes to do this has no modified. today. impact on his constituency or any The reason I am is that the col- The amendment (No. 2160), as modi- other constituency except Alaska. I umnist, Mr. Novak, wrote that the pur- fied, was agreed to. fought for statehood as a member of pose of the original amendment was to Mr. BOND. I move to reconsider the the Eisenhower administration. I have prevent a report from being filed. Mr. vote. been here now almost 37 years. This is Mrs. MURRAY. I move to lay that Novak is never in doubt but not always the first time I have seen any attempt motion on the table. right. My interest was not in a report by any Senator to treat my State in a The motion to lay on the table was at all. The report, I understand, is with way differently from any other State. agreed to. the three-judge panel. I think every- It will not happen. It will not happen. The PRESIDING OFFICER. The Sen- I can remember many times when body ought to see the report. This amendment says 60 days from ator from Pennsylvania. other Senators have stood on the floor enactment, the report must be made Mr. SANTORUM. Mr. President, I and used parliamentary devices that public with proper safeguards, as the want to thank the chairman and rank- kept people up for 2 to 3 days. This is Senator from Iowa has outlined in his ing member of the subcommittee for not the way to treat a State. We are a amendment, and 45 days after that, the the work they have done on this bill sovereign State. If the Senate wishes funding stops for the independent coun- and one thing in particular that is of to take part of the highway money and sel. concern to me and my constituents, share it with New Orleans, we would be It is the right thing to do. My col- which is Amtrak funding. I would like happy to join any other State. We league from Iowa is someone who looks to, in particular, thank the two leaders would be happy to make a fair con- out after the taxpayers’ dollars on a for their outstanding support of Am- tribution in any other program. We range of issues, and I have joined him trak. It is a vital and important part of have already notified our State that on many of them. I am pleased to stop the transportation infrastructure of many of the things we have been able the funding for an independent counsel the Commonwealth of Pennsylvania. to get funding for in the past may not that has been in business 11 years and Philadelphia, in particular, and south- be available now for a period of time seems to be able to do everything ex- eastern Pennsylvania benefit greatly until we build the area affected by cept stop spending money. from the relief of congestion off our Katrina or Rita. Let’s get the report. The subject of highways which are incredibly con- Our State suffered the largest dis- the report pled guilty 6 years ago and gested. Amtrak provides great service aster in America preceding Katrina, was the recipient of a pardon 4 years up and down the Northeast corridor. the 1964 earthquake. I remember it ago. It is time to stop the funding. We happen to be right in the middle of well. I remember being a young lawyer That is what the amendment does. that corridor in Philadelphia. Philadel- and being forced to borrow money to I am pleased to be a cosponsor with phia is now the second busiest station, keep the doors of our law firm open; to my colleague from the State of Iowa, second only to New York, on that cor- borrow money to repair my home that Mr. GRASSLEY. ridor, and it is vitally important that was destroyed by that earthquake par- I yield the floor. sufficient funds are available. The $1.45 tially; to borrow other money to help The PRESIDING OFFICER. The Sen- billion that is in this bill is $250 million in terms of the concepts of rebuilding ator from Missouri. more than last year, which we appre- in that area.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23346 CONGRESSIONAL RECORD—SENATE October 20, 2005 Our State faced that recovery, and I pen to you, too. These bridges are nec- thirds of Alaska no matter what hap- think we understand what the people of essary. Just take the one across the pens in the future. New Orleans and the Katrina and Rita Knik Arm near our largest city of An- To have a representative of the Fed- areas face. We now have another such chorage. Anchorage is surrounded by eral Government say Alaska doesn’t storm coming upon us. water on two sides and by a military need bridges, take them away from The amendment that is before us now reservation on one side and a national them and repair those bridges that will affect only Alaska. It will help forest on the other. There is no way to went down in the disaster is absolutely Louisiana. We want to help Louisiana expand. Across this Knik Arm is land wrong. Absolutely wrong. but not solely at the expense of Alaska. owned by the State and by private peo- I remember as a young man in Cali- That is not a way to treat a sovereign ple that we could expand to. We have fornia when someone suggested there State. This is something on which I been trying to get a bridge across there ought to be a bridge, what we call the think every Senator must examine his for as long as I can remember. But be- Golden Gate, over the San Francisco or her own conscience. What would cause we are a small State, it is hard Harbor. People said: You can’t do that. they do if they were faced with the to do. That is a bridge to nowhere. I remem- proposition that only their State’s al- The time came when one of the Mem- ber those words, ‘‘a bridge to nowhere,’’ location of funds under a protective bers of our delegation was chairman a bridge up in Marin County where program would be taken and given to and he kept pressing and pressing and hardly anybody lived. It was a place for another State at the time of disaster? finally convinced his colleagues that cows and ranchers. Today what is it? It This is not the way to meet a dis- bridge should be funded in a way that is a thriving part of the great State of aster need, to turn to the smallest—we takes a sizable portion of our State’s California. have the smallest allocation per area funding under formula money, and a How about the bridge from New Orle- of any State in the Union for roads. We portion of the so-called above-the-line ans to Baton Rouge—absolutely going only have a very small road system. money, money for grants for special into wilderness. No one ever expected The reason is that so much of our State projects, and made it possible that the it to develop. That is part of the area has been withdrawn, and it is not pos- Knik Arm bridge could be built. that suffered from the disaster because sible to build roads through the Fed- The other bridge is in the south- it was so heavily developed. eral lands that are set aside for parks, eastern area. It is the largest forest in How about the bridges that cross is- wildlife refuges, wild and scenic rivers, the United States and is practically all land to island going down the Keys in wilderness areas. We are limited, and withdrawn, practically all owned by Florida? I remember as a young man we must build bridges so that we can the Federal Government and set aside going overseas, going to the edge of tie together two areas that are inacces- for wilderness areas or nonpublic uses. that area. You couldn’t travel by road. sible otherwise. There is one portion available to us, You had to have a boat like you do in That is because of withdrawals and but it takes a bridge to get to it. That Alaska. You still have to do that in set-asides of lands in our State that are is State land and private land, the only Alaska. There are no bridges between owned by the Federal Government. land, really, in that kind of area that Alaskan islands. But go to Florida and I ask my friend—and he is my can be developed because all the rest of where are they? It is a beautiful drive. friend—from Oklahoma, how would he it is owned by the Federal Government Every one of those bridges was paid for explain to his people at home, if he and set aside, with the exception of by highway money. went home after the Senate had taken some Native lands that are a little bit There were those who said at the money away from his State previously farther away. time: That is a waste of taxpayers’ authorized by law and signed by the We can argue about the needs. That money. It wasn’t taxpayers’ money President? argument should have been made at anyway. It is highway-user money, and That is not the way to treat a sov- the time the highway bill passed. The highway-user money should be used for ereign State. These funds that are nec- highway bill allocated money for those. disasters only on the basis considering essary for bridges in Louisiana must be It comes out, not from the Treasury, what the impact is on the highway sys- provided. That is a given. After the dis- but out of funds paid by people who tem itself. aster in Florida, when I was the chair- buy gasoline and people who buy parts I have a unique role in my State be- man of the Appropriations Committee, for cars, people who buy various things cause I not only served in the Eisen- notwithstanding the opposition of the that require them to contribute to the hower administration, trying to urge administration, I assisted the delega- highway fund. the admission of Alaska to enter the tion from Florida to obtain money to I have come quite often to the floor Union, but it was my honor to come rebuild their bridges and roads. That and described my State to the Senate. here after Alaska had only been a was from the General Treasury. That I remind the Senate, we have half the State for 10 years. In December I will may have caused a deficit. We tried our coastline of the United States. We are have been here 37 years, as I said. best to offset it, and I think to a major one-fifth the size of the whole United I come to warn the Senate, if you extent we did offset it. States. We have more withdrawings for want a wounded bull on the floor of the The request that has been made now parks, wildlife refuges, wild and scenic Senate, pass this amendment. I stood to offset gulf coast spending using the areas, wilderness areas than all the here and watched Senator ALLEN teach highway bill money, only that allo- rest of the States put together. We the Senate lesson after lesson after cated to the State of Alaska, is unac- need bridges because we need to get something was done to Alabama that ceptable to this Senator. from one private area to another pri- he didn’t like. I am now President pro tempore of vate area. I don’t threaten people; I promise the Senate, the second oldest Member When I first came to the Senate, people. I came here and swore to up- of the Senate, the fourth in service in funds were allocated to a State based hold the Constitution of the United the Senate, and I again say to my on the amount of land that was Federal States. I came here to represent a friend from Oklahoma I have never land in a State that was withdrawn. State that is an equal member of this seen it suggested to single out one That was dropped after Congress, in its Union. Notwithstanding how many State and say, You pay for a disaster wisdom, withdrew so much of Alaska. people are there, we are to be treated that happened 5,000 miles away. If we had the old formula, I can tell the same as any other State. On the We want to shoulder our fair share of you, the Senator from Oklahoma floor of the Senate we are equal to any the burden. We will do so. Those who wouldn’t even understand the money other Senators, my colleague and I. want to look at this amendment as we would get because more than half of This amendment is an offense to me. It some sort of amendment that should be the Federal land in Alaska is with- is not only an offense to me, it is a adopted because of misleading stories drawn, and the Federal Government threat to every person in my State. We in the press, I warn you, it could hap- will own, in any event, almost two- came here to have the same rights, the

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23347 same privileges that were made avail- The Astoria Bridge on the Columbia State above everybody else to say: You able to any other State and to the peo- River was referred to as a bridge to no- are responsible; it is dollars directed to ple who live in those States. While we where. It connects Astoria, OR, to what your State that we will now redirect to are one-fifth the size of the United was once an empty shore. It now car- the devastation in the gulf area. States, we only have 13,485 miles of ries 6,000 cars a day, over 2 million peo- Alaskans are not hesitant to step up road. That is less than King County, ple a year. We deserve the same right to the plate and help. We do it day in, WA. Why? Because the Congress, in its to grow. we do it day out. We want to continue wisdom, has withdrawn so much of our Currently, the bridge will serve mili- to be able to do that. But when we are land, as I said, that you can’t build tary families who live in the Anchor- singled out as one State, saying, Your roads. age area and pay very high costs. Be- project is not worthy; of all the other Oklahoma is one-eighth the size of cause of the cost of land, the rent is projects out there we are going to go Alaska. It has almost 10 times as many very high. That is because of the lack after yours, it is not the time to be sit- roads. of land to expand. They will go across ting back and saying we can com- If the concepts involved in this bill to the Matanuska Valley and have a promise on this, we can make a deal. were applied to States as the Nation better place to live. moved westward, we would still have There has been a great deal of discus- All I want to do is put the Senate on sion about this bridge. Let us speak wilderness beyond the Mississippi. I notice. I have been asked several times really cannot understand this. Roads first to the bridge in Ketchikan. It has today if I will agree to this version or been referred to on this floor as a are the lifeblood of this country. That that version of the amendment of the is what made us free, having the abil- bridge to nowhere. There have been ref- Senator from Oklahoma. No. No, I will erences to media accounts about the ity to move, having the ability to use not, unless it treats all States the individual transportation, having the community of Ketchikan and the same way. project they have been working on for ability to drive from Oklahoma to We are here to ask you, those of us years and years. What I am hearing re- Alaska if you want to. I urge the Sen- from Alaska, to believe that fairness is peated in the Chamber and what I have ator from Oklahoma to try to do that. fairness; equality is equality. Being a seen in letters to us as Senate col- When I first came here I drove home member of the 50 States is being a leagues is a repetition of what we hear when I went home every year because I State with the right to be treated in the media, the same tired, worn-out couldn’t afford to fly. In those days we equally to any other State. That is why facts that quite honestly aren’t true, got about seven trips, I think, annu- the two of us are here, to assure that don’t hold water, and yet get repeated. ally. That didn’t apply to our families happens. Praise God I have the energy And the inaccuracies and the misrepre- at all. to do what I may have to do, to prove The problem I want to leave with you sentations just make our job that to the Senator from Oklahoma I mean is this: 70 percent of our State is acces- much more difficult. It is as if we are what I say. This amendment is not sible only by air or by sea. Within our legislating by the media, and we are going to pass. State we have to have different types better than that. It is our obligation to The Senate is warned. It is wrong to of transportation. My colleague, Sen- know and understand the facts that are do this to any State. It is wrong to put ator MURKOWSKI, has pioneered now a real and to know and understand the colleagues in a position where we have concept of trying to build some rural implications and the impact of our ac- to go home and explain why we roads to connect villages so we will re- tions. couldn’t prevent an amendment in duce some of the Federal costs of sup- which what is being done to our State I wish to talk about a couple of the porting those individual villages. Each has never been done to another State— facts that Members of this body need has an airport, each has a school, each to know. If, in fact, what we intend to has a clinic. These are redundant fa- never. This is not the time to start this do here, if, in fact, this amendment is cilities. We can build better ones. One process. I urge my friend from Okla- intended to provide for reconstruction could have a good school, one could of the twin-span bridge, it is eligible have a good airport, one could have a homa to reconsider this, reconsider what he is getting us into. The amend- for emergency repair funds. Negotia- good fire department. We could do bet- tions for its repair are already under- ter for them and save money if we had ment may pass, but if it does the bill will never be passed. If it does, I will be way between the State of Louisiana more road money. But we do not get it. and the Federal agency. I am confident We do not get it because of the donor taken out of here on a stretcher. I yield the floor. that this bridge will be repaired with- theory that came to this Senate about out needless damage to the project 15 years ago, which says for the people The PRESIDING OFFICER. The Sen- ator from Alaska. from any other State. And if, in fact, who pay in these taxes, it goes back to there is a funding mechanism that we the States in which they paid the Ms. MURKOWSKI. Mr. President, I want to start by thanking my col- need to resolve to help make this hap- money—not where they live, but where pen, I am certainly willing to partici- they paid the money. So the States league, the senior Senator from Alas- pate in that. I think all of us would be that are fortunate enough to be on ka. He has delivered, obviously, a very willing to participate. If we need to do interstate highways where people stop passionate statement on behalf of the something to make this project move to buy gasoline, they get more money issue in front of us. But even more forward with the funding mechanism, than the States where they don’t stop than that, he gives us the historical we can help with that. for gasoline. It makes less sense than perspective of what we in Alaska have anything I have ever known. been fighting for since statehood, what The second fact, if this is being pro- In any event, we live under that sys- we in Alaska have continued to fight posed as an amendment that is going tem. We have needs. We are still a de- for almost 50 years after the fact of to save money, people need to know veloping area. We are the last frontier statehood, and that is a simple recogni- that it swaps an earmark for our of the United States. These bridges tion that we are part of the United project in Alaska—the two bridges—to may go nowhere, as far as some people States and that we deserve to be treat- an earmark for a project in Louisiana. here are concerned, but they are very ed with the same level of respect ac- The project is going to be completed important to our future. corded to all of the other 49 States. anyway whether or not this amend- I think it was the Memorial Bridge in We are told not to take this amend- ment is going to be considered. What Milwaukee that was first called the ment personally, but it is very difficult we are essentially doing is taking the bridge to nowhere, the Daniel Webster to stand here as an Alaskan and not money from the Alaska project, we are Hoan Bridge. That now serves as a take this personally. So I rise with my directing it to allow the project, but we major north-south connector between colleague to speak very strongly in op- are reducing Louisiana’s ability to downtown Milwaukee and the neigh- position to a measure that is going to have any kind of spending flexibility at borhoods in that city. isolate us, that is going to pinpoint one a time when they need it the most. Let

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23348 CONGRESSIONAL RECORD—SENATE October 20, 2005 us make sure that what we are pro- the north, and we are hemmed in by Some people are making the assump- posing here is actually going to meet the Behm Canal. The only place that tion that just because we happen to the needs of those in Louisiana. Ketchikan has an opportunity to ex- have a chairman on the House side The third fact—this is where we need pand is right across the Tongass Nar- chairing the Transportation Com- to get into the discussion about the rows on Gravina Island. Gravina Island mittee, that all of a sudden any great bridges and what they are because the has a sloping area. It is wide open. But idea, any project that we want as a del- reference to the bridge in Ketchikan as the best thing that Gravina Island has egation we were going to be able to being a bridge to nowhere is offensive. is some 20,000 acres of private, munic- snap our fingers and get. This is some- It is a bridge to the future for the peo- ipal, and State lands that can make a thing that has been in the works for 30 ple of Ketchikan, AK. huge difference in providing economic years. Ask the people of Ketchikan how I was born in Ketchikan. I spend a opportunities for this area. We can’t much money, time, and energy they fair amount of time going back and grow in any other direction in Ketch- have spent in the various studies, dis- forth between Anchorage and Ketch- ikan. We have to go across the nar- cussing dialog, debating, fighting. It is ikan and have done so for years. I was rows. not something that just came up be- in Ketchikan this past weekend. I Right now, across the narrows, we cause we could have it; it is something wasn’t guided by occasional letters to have the airport. This is an airport that we as a community have been the editor; I was guided by talking to that doesn’t just serve the 13,000 or working together and pulling together the people in Ketchikan who ask: 14,000 residents of Ketchikan; this air- for a long time. Where are we on the bridge? They are port is the cargo hub for southeastern Now to have a colleague come in and asking me: Lisa, where are we on the Alaska. You have FedEx and UPS com- say that because there is something bridge? We put the money in the trans- ing in there. You have all of the air- that has happened in another part of portation bill finally, after so many cargo coming into the southeastern the country and because we need to years of waiting, how are we going to part of the State. find ways to pay for it, we are going to move forward on it? They are con- You also have a small logging oper- make a determination that we are cerned because they are getting copies ation, one of the few that is hanging on going to pluck this money and we are of the articles that are in the New after the policies we have implemented going to take this project and anything York Times and in other publications here in Congress. But we have a busi- that the community has put into it, around the country calling it a bridge ness that employs 50 to 100 people. anything the State has put into it, is to nowhere, and they are saying: Don’t Every day, those people are not able to now thrown out the window, that is not these people understand who we are get into their car and drive to work. it. and what we need? That is the problem. They take a ferry to work and have to The local government in Ketchikan Most of you don’t understand who we figure out how to do it on the other has been working on a balanced plan— are up there and what we need. end. a use development plan—where we are We need basic infrastructure. Sen- The airport is also incredibly impor- talking about private homes over ator STEVENS has spoken to that. If we tant to our military over there. Every there, businesses, industrial facilities, had a terrible disaster hit us in Alaska, nuclear sub that goes on Pacific patrol harbors, green spaces to enhance the we would not face a lot of the repairs is tested for stealth at the Navy facil- environmental value. We are trying to to the infrastructure because we don’t ity in Behm Canal. We have techni- plan for our growth and development, have the infrastructure in the first cians coming into the airport. We have but you can’t have the growth and you place to repair. our Ketchikan Coast Guard base. It is can’t have the development if you do The arguments that have been made at this base that they maintain most of not have access. Access is our State’s or the statements that have been made the aid to navigation in the State of biggest challenge. about a bridge that will connect to 50 Alaska. The Forest Service certainly As Senator STEVENS has mentioned, people do not acknowledge any under- has a very large presence there. the biggest State in the Union has the standing about Ketchikan and what it Ketchikan’s hospital is a regional cen- smallest number of roads. People look is and what kind of a community it is ter. We get many of the patients vis- at it and say, It just doesn’t make and what it has to respond to. iting Ketchikan from the surrounding sense in Alaska where you have a lim- Those of you who have been to Alas- areas. ited number of people, and yet we ka because you have been up on a On top of that, we have a tourist in- spend so much money on Alaska. It cruise ship enter through Ketchikan. dustry where this summer the city of must be wrong, you must be taking too We call it Alaska’s First City. You Ketchikan welcomed some 800,000 pas- much. The sad fact is, folks, we are a enter into the Tongass Narrows. As you sengers into that community—800- long way from the rest of the country, come in, you see a community that is some-odd thousand passengers that oc- and it costs more. That is a reality. smashed up literally against a rocky casionally need to get off those cruise That is a reality of doing business up terrain, a long, stretched-out commu- ships. Some of them have medical there. But because our transportation nity with islands dotted all around issues. Some of them need to use our costs might be more, might be higher, you. People ask: Why do you need this airport. might be greater, does that mean our bridge? We need the bridge because on We have an airport that is serviced projects are worth any less, have any the other side of Ketchikan is the po- by a ferry. But that ferry isn’t the an- less value? tential for this community to grow and swer to everything we need. When we There was a statement made by my thrive, despite some of the actions of have some extreme tides, they can’t colleague from Oklahoma. He said it is the Federal Government, and the poli- utilize that ferry. What does that mean important to know what the people of cies that have been made over the if you have a Medivac going out to the Alaska are thinking, and he read a cou- years, whether they relate to timber or airport when you can’t get the ambu- ple of letters to the editor that were farm fishing, have practically shut lance over there? You can’t get to the published in the Ketchikan Daily News down the community. But we are com- other side with the vehicles we need. In and a couple of letters which were pub- ing back. We have a thriving maritime fact, we have a ferry service, but is it lished in the Anchorage Daily News. I industry we are helping to grow and to what we need? Is it what we were do not know about the rest of my Sen- cultivate. But we have a community of promised when the airport was put ate colleagues, but I do not make my some 13,000 to 14,000 people in Ketch- back there in 1973? The promise at that policy decisions based on a couple of ikan. It is 6 blocks deep and 16 miles time was, we will connect you across letters to the editor. wide. the very narrow channel of water to I will ask at the appropriate time to We can’t expand to the south and the the community of Ketchikan. The peo- have printed in the RECORD a copy of a east because we are bordered in by the ple of Ketchikan have been waiting for letter that the Ketchikan Chamber of Misty Fjords National Monument on 30 years. Commerce has posted on their Web site

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23349 speaking about Ketchikan’s ‘‘bridge to tle ferry ride required between the airport about the Ketchikan project, and I the future,’’ refuting many of the alle- and Ketchikan—serviced 31,000 passengers. In want to stick with this for a few more gations that have been out there. I addition to the airport, there is a viable saw- minutes until I turn to the Knik Arm wish to read one quick passage because mill employing 50–100 people who will not Crossing. We in Alaska are willing to have to take a daily boat ride back and forth it kind of sums up the position of the to Gravina Island for work. During extreme do our share. I made that statement people from Ketchikan. ocean tide levels, the ferry is incapable of earlier. The citizens in Ketchikan, Statements like ‘‘The Bridge to No transporting vehicles, including typical safe- when they saw the aftermath in Where’’, and ‘‘serves only 50 people’’ simply ty vehicles such as fire trucks! The Alaska Katrina, didn’t sit back and say, Well, are not supported by the facts. The bridge Department of Transportation evaluation in- we got ours. We are a long way away will provide road access to Ketchikan’s dicates over the long run the bridge is cheap- from the gulf, we don’t need to worry International Airport which serves approxi- er to build and maintain than providing in- about it. Private people have been dip- mately 130,000 passengers annually and em- adequate ferry service. ping into their pockets, as they have ploys 180 people daily. In August, the shuttle Beyond the existing international airport, ferry ride required between the airport and there are 20,195 acres of private, borough, all across the country, but we had a Ketchikan serviced 31,000 passengers. In ad- and state-owned land to be served by the fundraiser in Ketchikan a couple weeks dition to the airport, there is a viable saw- bridge access road. The Ketchikan Gateway ago. We had fishermen, businessmen, mill employing 50–100 people who will not Borough has an approved balanced land use housewives, teachers, shipfitters, book- have to take a daily boat ride back and forth development plan that provides for private sellers, doctors, and clerks, raised al- to Gravina Island for work. During extreme homes, commercial businesses, industrial most $20,000 out of this little commu- ocean tide levels, the ferry is incapable of complexes, harbors, and green space. In a nity of about 14,000 people. transporting vehicles, including typical safe- state where there is only 1 percent private We are willing to step up. Alaskans ty vehicles such as fire trucks! The Alaska land and 99 percent untaxable federal, state, are willing to step up. Believe me, this Department of Transportation evaluation in- and native corporation land, it is challenging dicates over the long run the bridge is cheap- for local governments to fund local needs. As week we have had an opportunity to er to build and maintain than providing in- every State developed ‘‘Bridges to No talk about that as we dealt with the adequate ferry service. Where’’ were built, seen by those States as issue of ANWR in the Committee on Mr. President, I ask unanimous con- Bridges to the Future. Today, those bridges Energy and Natural Resources yester- sent that the letter be printed in the are merely seen as normal transportation in- day. We want to help out. We are pre- frastructure. As the final frontier, Alaska is RECORD. pared to do it. But let us prioritize There being no objection, the mate- stuck in the time warp of the mid-1900’s, those projects within the State of Alas- where infrastructure deemed normal in the ka that have the support and that will rial was ordered to be printed in the continental U.S. is viewed as extravagant for Record, as follows: Alaska. Ketchikan, Alaska, has worked for allow our State to develop as every KETCHIKAN CHAMBER OF COMMERCE, over 30 years to achieve funding of a bridge other State in the Union has been al- Ketchikan, Alaska. similar in many respects to the hundreds of lowed to develop. Ketchikan is asking Re Ketchikan’s Bridge to the Future. bridges in the Gulf Coast that connect com- for nothing more than exactly the It is quite heartening to see how quickly munities to surrounding small islands filled same type of bridge connection that American citizens, businesses, and commu- with residential homes and businesses. other communities all across the coun- nities pull together to help others when a Ketchikan has been promised a bridge to try have. However, Ketchikan and natural disaster strikes such as the recent the airport since it went into operation in most of the other communities in my 1973. How much longer do we have to wait? hurricanes in the Gulf Zone. Ketchikan, State are stuck in this time warp, a Alaska’s future home of the now famous The statement ‘‘It’s pretty obvious that, at Bridge to the Future, and home to over 13,000 least on the grass-roots, everyday-citizen mid-1900s time warp, where transpor- real people, held a Katrina hurricane relief level, there’s a consensus that the money tation systems that are old hat or ac- fund raiser and netted over $18,000. This con- could be better spent on the Gulf’’ made by cepted and part of the landscape in the tribution is only from the fundraiser, and the coordinator for the Alaska Transpor- rest of the country are still the future does not include many more donations given tation Priorities Project (a group hatched to the State of Alaska. What we are by and through our local businesses and and coordinated by the anti-development en- trying to do is to bridge into the fu- churches. This has demonstrated the com- vironmental groups in Alaska) is clearly un- ture. munity’s giving and compassionate nature true, inaccurate, and not the feeling of the Now I turn, for a minute, to the Knik citizens of Ketchikan who supported the despite of the Ketchikan’s loss of thousands Arm Crossing because we have not of family jobs, loss of small support busi- Gravina Bridge in a referendum vote by a nesses, and a 20 percent drop in school en- margin 2 to 1. There may be consensus given as much attention to that. rollment, due to the needless reduction of a among the anti-development groups, but we Maybe it is because the media hasn’t wood fiber supply from the nation’s largest are grass-roots, everyday-citizens also. The dubbed it or given it a catchy little Federal forest and its resultant closure of majority of our community continues to sup- name such as ‘‘Bridge to Nowhere.’’ As our local pulp mill, historically Ketchikan’s port our ‘‘Bridge to the Future’’. Senator STEVENS has indicated, again, largest employer. I applaud the Alaska Congressional Delega- we are a victim of our own geography. It is equally disheartening to see how tion and the others in the Nation’s Congress We are hemmed in by the mountains, for recognizing that Alaska is a developing quickly anti-development and fiscal conserv- the ocean, Cook Inlet, military land, ative groups are jumping on the bandwagon State, and their ability to help Alaska’s de- to use the hurricane disasters to attack fed- layed infrastructure development through and national forest lands. We don’t eral funding of transportation projects, the Federal Transportation Bill. have any place to grow. This is Alas- feathering their desire to stop modern-day Sincerely, ka’s largest community. We need to be development in Alaska. The continual BLAINE ASHCRAFT, able to go across the water so we can spreading of misleading and false statements Business Manager, Greater Ketchikan have the opportunity, as a community, to gain emotional and/or political support Chamber of Commerce. as a State, and as a regional hub, to for their objectives seems to be normal prac- Ms. MURKOWSKI. Mr. President, in further our growth and development. tice for these anti development groups and addition to the airport, we have the The comment was made on the Point the news media. Whether seeking to stop the construction of a bridge and u1timately any sawmill. MacKenzie—one side is Anchorage and economic development within the commu- My point is, at some point in time, the other side is Point MacKenzie—we nity of Ketchikan or for grasping for an au- those back here who do not know and have about 12 residents there; again, dience, the use of misleading and false state- understand Alaska need to listen to making us look like we are just going ments is not only wrong, but just plain de- those of us who live in Alaska, who to build bridges because we have the structive. work in Alaska, and who raise our fam- ability to build bridges and we do not Statements like ‘‘The Bridge to No ilies in Alaska, to know and under- care where we are placing them. People Where’’, and ‘‘serves only 50 people’’ simply stand what the priorities are of Alas- that make statements such as this are not supported by the facts. The bridge will provide road access to Ketchikan’s kans and allow us to address those. need to look at the facts. First, look at International Airport which serves approxi- That is what we are trying to do with a map. Look at what we have over mately 130,000 passengers annually and em- the 12 projects that are the subjects of there. We have a community, the fast- ployees 180 people daily. In August, the shut- this amendment. I have been speaking est growing part of the State is up

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23350 CONGRESSIONAL RECORD—SENATE October 20, 2005 there in the Mat-Su Valley. We have we worked on a transportation author- Mr. BOND. Mr. President, I ask unan- tens of thousands of commuters com- ization bill, a 6-year plan. This bill was imous consent that the order for the ing into Anchorage from the Mat-Su 6 years in the making. What went into quorum call be rescinded. Valley every day that could be aided by it, went into it with thought and study The PRESIDING OFFICER. Without a bridge across the water. To suggest and the support of those people who objection, it is so ordered. we have 12 families that we are some- would benefit from it. And the people Mr. BOND. Mr. President, I ask the how helping out and connecting defies that will benefit from the bridges in pending amendment to be set aside. the facts. It is offensive to me. There Ketchikan and the bridge in south-cen- The PRESIDING OFFICER. Without has been some suggestion this is a tral are not only the people of Alaska objection, it is so ordered. project that we are taking up because but all of the tourists we serve, all of AMENDMENT NO. 2162 we can. People need to understand this the military we serve, all of the people Mr. BOND. Mr. President, I have 12 is something we have been looking at that rely on Alaska for your energy amendments that have been cleared on and studying for a good 30 years. needs, for your commerce needs. It is both sides of the aisle. We thank the I cannot tell the number of projects— not about providing service and assist- sponsors of these amendments for actually, I can tell the number of ance to a few. Let Alaska come into working with our staff and the relevant projects, and I am going to. We have, this century when it comes to trans- committees for clearing these amend- over the past, probably 10, 20 years, so portation infrastructure. Don’t take ments. I call up on behalf of Senator studied this bridge, so evaluated this from us our ability to grow, as all of REED of Rhode Island amendment No. bridge, that the people in south central the other States in the lower 48 have 2162. This amendment has been cleared are asking, What’s wrong? Why can’t been allowed to do, having been pro- on both sides. It requires the Depart- we get the bridge moving? We had the vided the Federal funding. Don’t deny ment of the Treasury to submit a re- Point MacKenzie Area Which Merits Alaska. port on the application of Treasury Special Attention Plan in 1993; the I yield the floor. regulations on arbitrage bonds to the Point MacKenzie Port Master Plan in Mr. STEVENS. I find myself in a reserve funds held by EPA clean water 1998; the Regional Port of Anchorage strange position, as I indicated to the and safe drinking water State revolv- Master Plan in 1999; the Anchorage 2020 Senator from Oklahoma. Earlier today, ing funds. Plan in 2001; the Anchorage Metropoli- I indicated to the Senator that I would The PRESIDING OFFICER. The tan Area Transportation Solutions suggest a series of second-degree clerk will report. Freight Mobility Study in 2001; the amendments. I had under consideration The legislative clerk read as follows: Matanuska Susitna Borough Economic second-degree amendments. It is my The Senator from Missouri [Mr. BOND], for Development Plan in 2002; the Anchor- understanding now the amendment of Mr. REED of Rhode Island, proposes an age Metropolitan Area Transportation the Senator from Oklahoma is filed as amendment numbered 2162. Solutions Long Range Transportation a second-degree amendment to the The amendment is as follows: Bingaman amendment, am I correct? Plan Amendment in 2002; the Regional (Purpose: To require a legal basis for the ap- Transportation Planning Organization The PRESIDING OFFICER. That is plication of arbitrage bond regulations to Resolution Supporting the Knik Arm correct. It is a second-degree amend- reserve funds held by the Clean Water and Crossing as a Regional Transportation ment. Safe Drinking Water State revolving Priority Project in 2003; the Mr. STEVENS. Mr. President, I have funds) Matanuska-Susitna Borough Assembly a small Bible to start reading, a few On page 293, after line 25, add the fol- Resolution Adopting the Knik Arm editorials from my State concerning lowing: Crossing as the Number One Regional this bridge and some of the comments SEC. ll. APPLICATION OF ARBITRAGE BOND Transportation Priority, 2003; and then that have been made in other States. I REGULATIONS TO CERTAIN STATE the Matanuska-Susitna Borough Rail am willing to try to work out a system REVOLVING FUNDS. so that all States contribute to assist- Not later than 90 days after the date of the Corridor Study, June 2003. And there enactment of this Act, the Secretary of the have been more updates since then. ing our sister State in Louisiana and Treasury shall submit a report to the Com- This is something we have been recognize their prior need for money, mittees on Appropriations of the House of working on for a long time. To suggest but I am entirely unwilling to take Representatives and the Senate to provide a this is pork, this is fluff, this is serv- money from Alaska only. I think the legal basis for the application of section icing 12 families or 50 homes, we need Senate ought to have that on notice. I 1.148–1(c) of the United States Treasury Reg- to have everyone look at the factories will suggest the absence of a quorum, ulations (regarding arbitrage bond regula- and understand that Alaska will never and I will object to taking it off until tions) to the reserve funds held by the Clean achieve its full potential as a State un- we have some way that the Senate Water and Safe Drinking Water State revolv- ing funds which generally contain replace- less we have access. might consider an alternative to the ment proceeds but not bond proceeds. Taking away these two projects from Senator from Oklahoma or until a the State of Alaska and saying this is quorum is present and the Senate de- Mr. BOND. It has been cleared on what we are going to do to help with cides otherwise than what I have de- both sides. the reconstruction efforts in the gulf, cided. The PRESIDING OFFICER. The to single out one State, we start taking I will put the Senate on notice—and question is on agreeing to the amend- it very personally. I don’t kid people—if the Senate de- ment. If the suggestion were made to our cides to discriminate against our State The amendment (No. 2162) was agreed colleagues that everybody gives a little and take money only from our State, I to. bit, everybody gives a little bit on your will resign from this body. This is not Mr. BOND. I move to reconsider the transportation projects, that is okay. the Senate I came to. This is not the vote. As one of the 50 States, we can deal Senate I devoted 37 years to. If one Mrs. MURRAY. I move to lay that with that. We can certainly accept Senator can decide he will take all the motion on the table. that. But to see we are looking at one money from one State to solve a prob- The motion to lay on the table was State—first it was one project, now it lem of another, that is not a union. agreed to. is two projects—this Senator cannot That is not equality and is not treating AMENDMENT NO. 2174 accept, will not accept a proposal like my State the way I have seen it treat- Mr. BOND. Mr. President, I send to that. ed for 37 years. the desk an amendment on behalf of I appreciate the efforts of so many I suggest the absence of a quorum. myself and Senator MURRAY and ask that have been working so hard as we The PRESIDING OFFICER (Mr. for its immediate consideration. try to find offsets, as we try to do the CHAFEE). The clerk will call the roll. The PRESIDING OFFICER. The work necessary to rebuild the gulf re- The assistant legislative clerk pro- clerk will report. gion. But we need to recognize, again, ceeded to call the roll. The legislative clerk read as follows:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23351 The Senator from Missouri [Mr. BOND], for tween the IRS and a group of tax soft- AMENDMENT NO. 2108 AS MODIFIED himself and Mrs. MURRAY, proposes an ware companies called the Free File (Purpose: To modify certain projects amendment numbered 2174. Alliance. This partnership has in- relating to highways in the State of Ohio) Mr. BOND. I ask unanimous consent creased electronic tax filing by improv- On page 436, between lines 10 and 11, insert that further reading of the amendment ing access to filing and making tax the following: be dispensed with. preparation and filing easier for tax- SEC. 8lll. The table contained in section The PRESIDING OFFICER. Without payers. 1702 of the Safe, Accountable, Flexible, Effi- objection, it is so ordered. This language is not meant to dis- cient Transportation Equity Act: A Legacy The amendment is as follows: rupt or override current negotiations for Users (Public Law 109–59; 119 Stat. 1144) is On page 384, after line 13, insert the fol- or the new agreement. amended—in item number 4620, by striking lowing: ‘‘Grading, paving, roads, and the transfer of It is critical that the Free File Pro- rail-to-truck for the intermodal facility at SEC. ll. The Administrator of General gram and other IRS taxpayer services Services shall require that all credible sus- Rickenbacker Airport Columbus, OH’’ and tainable building rating systems that award continue to evolve to meet the needs of inserting ‘‘Grading, paving, roads, and con- credits for certified wood products in the rat- taxpayers across the Nation. struction of an intermodal freight facility at ing system be included in the published I ask unanimous consent that I be Rickenbacker Airport, Columbus, Ohio’’; and building design criteria or specifications of added as a cosponsor. (2) in item number 4651, by striking ‘‘Grad- any solicitation for offers issued by the Gen- The PRESIDING OFFICER. Without ing, paving, roads for the transfer of rail to truck for the intermodal facility at Ricken- eral Services Administration (GSA) for con- objection, it is so ordered. struction of a Federal building or court- backer Airport’’ and inserting ‘‘Grading, house: Provided, That the Administrator may Mr. BOND. I ask for its immediate paving, roads, and construction of an inter- only consider sustainable forest management consideration. modal freight facility at Rickenbacker Air- certification programs that are currently in The PRESIDING OFFICER. The port, Columbus, Ohio’’. use in the United States and consistent with question is on agreeing to the amend- AMENDMENT NO. 2120 the Federal Government’s goals of environ- ment. (Purpose: To make technical corrections to mental stewardship: Provided further, That The amendment (No. 2146) was agreed the Safe, Accountable, Flexible, Efficient not later than 90 days after enactment of to. Transportation Equity Act: A Legacy for this Act, the Administrator shall report to Users) the relevant congressional committees of ju- Mr. BOND. Mr. President, I move to risdiction on the appropriateness of indi- reconsider the vote. On page 436, between lines 10 and 11, insert vidual forest management certification pro- Mrs. MURRAY. I move to lay that the following: grams for use within GSA’s sustainable motion on the table. SEC. 8lll.(a) The table contained in sec- building program, including a schedule for The motion to lay on the table was tion 1702 of the Safe, Accountable, Flexible, incorporating any additional such programs agreed to. Efficient Transportation Equity Act: A Leg- into the system through regulations. acy for Users (Public Law 109–59; 119 Stat. Mr. BOND. Mr. President, this AMENDMENTS NOS. 2105, 2106, 2108, AS MODIFIED, 1144) is amended in item number 4632 by AND 2120 EN BLOC amendment relates to the GSA’s rating striking ‘‘Construct 1,100 foot bulkhead/ system. I urge its adoption. Mr. BOND. Mr. President, I call up riverwalk connecting Front and Maine Ave. amendments Nos. 2105, 2106, 2108, and public rights-of-way’’ and inserting ‘‘For The PRESIDING OFFICER. The roadway improvements and construction of question is on agreeing to the amend- 2120. I send up a modification to amendment No. 2108 on behalf of Sen- 1,100 foot bulkhead/riverwalk connecting ment. Front and Maine Ave. public rights-of-way’’. ator VOINOVICH. I ask that they be con- The amendment (No. 2174) was agreed (b) The table contained in section 3044 of to. sidered en bloc. the Safe, Accountable, Flexible, Efficient Mr. BOND. I move to reconsider the The PRESIDING OFFICER. Without Transportation Equity Act: A Legacy for vote. objection, the amendments will be con- Users (Public Law 109–59; 119 Stat. 1144) is Mrs. MURRAY. I move to lay that sidered en bloc. amended in item number 516 by striking motion on the table. The question is on agreeing to the ‘‘Dayton Wright Stop Plaza’’ and inserting The motion to lay on the table was amendments. ‘‘Downtown Dayton Transit Enhancements’’. agreed to. The amendments were agreed to en Mr. BOND. I move to reconsider the AMENDMENT NO. 2146, AS MODIFIED bloc, as follows: vote. Mr. BOND. Next, I call up amend- AMENDMENT NO. 2105 Mrs. MURRAY. I move to lay that ment No. 2146 with a modification on (Purpose: To modify the designation relating motion on the table. behalf of Senator ENSIGN. to a certain project in the State of New The motion to lay on the table was The PRESIDING OFFICER. The York) agreed to. clerk will report. On page 276, after line 24, insert the fol- AMENDMENTS NOS. 2175 AND 2176 EN BLOC lowing: The legislative clerk read as follows: Mr. BOND. Mr. President, I have The Senator from Missouri [Mr. BOND], for SEC. 1ll. Item number 4596 of the table contained in section 1702 of the Safe, Ac- amendments on behalf of myself and Mr. ENSIGN, proposes an amendment num- the Senator from Washington making bered 2146, as modified. countable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law technical corrections, having a division The amendment is as follows: 109–59; 119 Stat. 1144) is amended by striking A and division B in this bill. I send to (Purpose: To provide for free individual tax ‘‘Corning Preserve improvements Phase II’’ the desk two amendments and ask for electronic preparation and filing services and inserting ‘‘Transportation Center, Cor- their consideration en bloc. These are by the Internal Revenue Service) ning, NY’’. technical changes to the bill, and I be- On page 293, after line 25, add the fol- AMENDMENT NO. 2106 lieve both of them are agreeable on lowing: (Purpose: To modify the designation relating both sides. SEC. ll. The Internal Revenue Service to a certain project in the State of New shall provide taxpayers with free individual The PRESIDING OFFICER. The York) tax electronic preparation and filing services clerk will report. only through the Free File program and the On page 276, after line 24, insert the fol- The assistant legislative clerk read Internal Revenue Service’s Taxpayer Assist- lowing: as follows: ance Centers, Tax Counseling for the Elder- SEC. 1ll. Item number 512 of the table ly, and volunteer income Tax Assistance contained in section 3044 of the Safe, Ac- The Senator from Missouri [Mr. BOND], for Programs. countable, Flexible, Efficient Transportation himself and Mrs. MURRAY, proposes amend- ments numbered 2175 and 2176 en bloc. Mr. BOND. Under the Ensign-Allen- Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) is amended by striking The amendments are as follows: DeMint amendment, the language re- ‘‘Corning, NY, Phase II Corning Preserve quires the IRS to continue the Free Transportation Enhancement Project’’ and AMENDMENT NO. 2175 File Program, which was created in inserting ‘‘Transportation Center Enhance- On page 216, after line 23, insert the fol- 2002 as a public/private partnership be- ments, Corning, NY’’. lowing:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23352 CONGRESSIONAL RECORD—SENATE October 20, 2005 DIVISION A—TRANSPORTATION, TREAS- (4) The term ‘‘Secretary’’ means the Sec- (5) If the County ceases to use any of the URY, THE JUDICIARY, HOUSING AND retary of the Interior. land described in subsection (c) for the pur- URBAN DEVELOPMENT, AND RELATED (5) The term ‘‘Wilderness’’ means the pose described in paragraph (1)(A) and under AGENCIES APPROPRIATIONS ACT, 2006 North McCullough Mountains Wilderness es- the conditions stated in paragraph (2)— AMENDMENT NO. 2176 tablished by section 202(a)(13) of the Clark (A) title to the parcel shall revert to the On page 436, line 11, strike ‘‘Act’’ and in- County Conservation of Public Land and United States, at the option of the United sert in lieu thereof ‘‘division’’. Natural Resources Act of 2002 (116 Stat. 2000). States; and (b) As soon as practicable after the date of (B) the County shall be responsible for any Mr. BOND. They have been cleared enactment of this Act, the Secretary shall reclamation necessary to revert the parcel to on both sides. I ask for their immediate convey to the County, subject to valid exist- the United States. consideration. ing rights, for no consideration, all right, (e) The Secretary shall require, as a condi- The PRESIDING OFFICER. Without title, and interest of the United States in tion of the conveyance under subsection (b), objection, the amendments will be con- and to the parcel of land described in sub- that the County pay the administrative sidered en bloc. section (c). costs of the conveyance, including survey The question is on agreeing to the (c) The parcel of land to be conveyed under costs and any other costs associated with the subsection (b) is the parcel of approximately transfer of title. amendments. 229 acres of land depicted as tract A on the Mr. BOND. I ask for their immediate The amendments (Nos. 2175 and 2176) map entitled ‘‘Clark County Public Heliport were agreed to en bloc. consideration. Facility’’ and dated May 3, 2004. The PRESIDING OFFICER. The Mr. BOND. I thank the Chair. I move (d)(1) The parcel of land conveyed under question is on agreeing to the amend- to reconsider the vote. subsection (b)— ments. Mrs. MURRAY. I move to lay that (A) shall be used by the County for the op- The amendments (Nos. 2177 and 2178) motion on the table. eration of a heliport facility under the condi- tions stated in paragraphs (2), (3), and (4); were agreed to. The motion to lay on the table was Mr. BOND. I move to reconsider the agreed to. and (B) shall not be disposed of by the County. votes. AMENDMENTS NOS. 2177 AND 2178 EN BLOC (2)(A) Any operator of a helicopter tour Mrs. MURRAY. I move to lay that Mr. BOND. Mr. President, I send to originating from or concluding at the parcel motion on the table. the desk two amendments, one on be- of land described in subsection (c) shall pay The motion to lay on the table was half of myself and one on behalf of Sen- to the Clark County Department of Aviation agreed to. a $3 conservation fee for each passenger on ator REID of Nevada. Mine is technical AMENDMENT NO. 2179 in nature; the other deals with a heli- the helicopter tour if any portion of the heli- copter tour occurs over the Conservation Mr. BOND. Mr. President, I send to port. I ask for their immediate consid- Area. the desk an amendment on behalf of eration en bloc. (B)(i) Not earlier than 10 years after the Senators DURBIN and OBAMA and ask The PRESIDING OFFICER. Without date of enactment of this Act and every 10 its immediate consideration. This objection, it is so ordered. The clerk years thereafter, the Secretary shall conduct amendment requires the Secretary of will report. a review to determine whether to raise the HUD to report on a housing project in The assistant legislative clerk read amount of the conservation fee. the State of Illinois. as follows: (ii) After conducting a review under clause The PRESIDING OFFICER. The (i) and providing an opportunity for public The Senator from Missouri [Mr. BOND] pro- comment, the Secretary may raise the clerk will report. poses an amendment No. 2177. amount of the conservation fee in an amount The assistant legislative clerk read The Senator from Missouri [Mr. BOND], for determined to be appropriate by the Sec- as follows: Mr. REID, proposes an amendment numbered retary, but by not more than 50 percent of The Senator from Missouri [Mr. BOND], for 2178. the amount of the conservation fee in effect Mr. DURBIN, for himself and Mr. OBAMA, pro- The amendments are as follows: on the day before the date of the increase. poses an amendment numbered 2179. AMENDMENT NO. 2177 (3)(A) The amounts collected under para- Mr. BOND. I ask unanimous consent (Purpose: To improve the bill) graph (2) shall be deposited in a special ac- that further reading of the amendment count in the Treasury of the United States. At the appropriate place in the bill, insert be dispensed with. (B) Of the amounts deposited under sub- the following: The PRESIDING OFFICER. Without paragraph (A)— SEC. ll. Section 14711(c) of title 49, objection, it is so ordered. (i) 2⁄3 of the amounts shall be available to United States Code, is amended by— The amendment is as follows: (1) striking ‘‘; and’’ at the end of paragraph the Secretary, without further appropria- (Purpose: To require the Secretary of Hous- (1) and inserting ‘‘;’’; tion, for the management of cultural, wild- ing and Urban Development to report to (2) striking the period at the end of para- life, and wilderness resources on public land Congress on certain properties in Joliet, Il- graph (2) and inserting ‘‘; and’’; and in the State of Nevada; and 1 linois) (3) inserting the following after paragraph (ii) ⁄3 of the amounts shall be available to (2): the Director of the Bureau of Land Manage- On page 406, between lines 7 and 8, insert ‘‘(3) be substituted, upon the filing of a mo- ment, without further appropriation, for the the following: tion with the court, for the State as parens conduct of Bureau of Land Management op- SEC. 724. REPORT ON EVERGREEN TERRACE. patriae in the action.’’. erations for the Conservation Area and the (a) IN GENERAL.—The Secretary of Housing Red Rock Canyon National Conservation and Urban Development shall conduct a AMENDMENT NO. 2178 Area. study and prepare a report that describes the (Purpose: To provide for the conveyance of (4)(A) Except for safety reasons, any heli- progress, if any, in improving the living con- certain public land in Clark County, Ne- copter tour originating or concluding at the ditions of the tenants of the Evergreen Ter- vada, for use as a heliport) parcel of land described in subsection (c) race I and Evergreen Terrace II housing com- At the appropriate place, insert the fol- that flies over the Conservation Area shall plexes located in Joliet, Illinois, by the own- lowing: not fly— ers of such complexes. SEC. ll.(a) In this section: (i) over any area in the Conservation Area (b) INTERIM REPORT.—Not later than 6 (1) The term ‘‘Conservation Area’’ means except the area that is between 3 and 5 miles months after the date of enactment of this the Sloan Canyon National Conservation north of the latitude of the southernmost Act, the Secretary of Housing and Urban De- Area established by section 604(a) of the boundary of the Conservation Area; velopment shall submit to Congress an in- Clark County Conservation of Public Land (ii) lower than 1,000 feet over the eastern terim report on the findings of the study re- and Natural Resources Act of 2002 (116 Stat. segments of the boundary of the Conserva- quired under subsection (a). 2010). tion Area; or (c) FINAL REPORT.—Not later than 12 (2) The term ‘‘County’’ means Clark Coun- (iii) lower than 500 feet over the western months after the date of enactment of this ty, Nevada. segments of the boundary of the Conserva- Act, the Secretary of Housing and Urban De- (3)(A) The term ‘‘helicopter tour’’ means a tion Area. velopment shall submit to Congress a final commercial helicopter tour operated for (B) The Administrator of the Federal Avia- report that describes— profit. tion Administration shall establish a special (1) the findings of the study required under (B) The term ‘‘helicopter tour’’ does not in- flight rules area and any operating proce- subsection (a); and clude a helicopter tour that is carried out to dures that the Administrator determines to (2) any conclusions and recommendations assist a Federal, State, or local agency. be necessary to implement subparagraph (A). of such study.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23353 The PRESIDING OFFICER. The degree amendment which is relevant to I reserve the remainder of my time. question is on agreeing to the amend- the Coburn amendment No. 2165; pro- The PRESIDING OFFICER. Who ment. vided further, that the Coburn amend- yields time? The amendment (No. 2179) was agreed ment No. 2165 be further modified to be The Senator from Oklahoma. to. drafted as a first-degree amendment; I Mr. INHOFE. Mr. President, I do not Mr. BOND. I move to reconsider the further ask consent that there be 5 have a better friend than my colleague vote. minutes equally divided in the usual from Oklahoma, but it does not mean Mrs. MURRAY. I move to lay that form, and that following that time, the we always agree with each other. I motion on the table. Senate proceed to a vote in relation to have had a policy in voting for amend- The motion to lay on the table was the Coburn amendment No. 2165, to be ments on bills that I have adhered to agreed to. followed by a vote in relation to the for a long time, and it is if a Senator AMENDMENT NO. 2180 Stevens amendment; provided, that no has a bill or an amendment that takes Mr. BOND. Mr. President, I send to second-degree amendments be in order authority from an elected official and the desk on behalf of Senator MURRAY to either amendment prior to the places it in the hands of an unelected an amendment on Midway Atoll and votes. I finally ask unanimous consent bureaucrat and it does not save money, ask that it be considered immediately. that if either of the amendments does then I think it is not good policy. Un- The PRESIDING OFFICER. The not achieve 60 votes in the affirmative, fortunately, I think that is what this clerk will report. that amendment be automatically does. The legislative clerk read as follows: withdrawn; provided further, that fol- My good friend Senator COBURN and I lowing these votes, the Bingaman Senator from Missouri [Mr. BOND], for Mrs. have talked about this. I know it is a MURRAY, proposes an amendment numbered amendment No. 2065 be agreed to. difficult thing for a lot of people to un- 2180. The PRESIDING OFFICER. Without derstand. Many people are watching objection, it is so ordered. The amendment is as follows: this. I happen to be the person with the AMENDMENT NO. 2181 On page 432, line 22, strike ‘‘2006.’’ and in- No. 1 most conservative rating in the (Purpose: To ensure reconstruction of the sert ‘‘2007.’’ Senate and yet I am not about to put Twin Spans Bridge) On page 433, line 5, strike ‘‘$6,000,000’’ and myself in a position where I am going insert ‘‘$10,000,000’’. Mr. STEVENS. Mr. President, I send to take authority away from someone On page 433, line 9, insert after ‘‘upgrades’’ an amendment to the desk. who has to stand for election in a par- the following: ‘‘, including the replacement The PRESIDING OFFICER. The ticular State and give it to someone of the fuel farm facility’’. clerk will report. who does not have to stand for elec- The legislative clerk read as follows: Mrs. MURRAY. Mr. President, this tion, period. amendment makes small revisions to The Senator from Alaska [Mr. STEVENS], I do not think that is a good idea. If for himself, Ms. MURKOWSKI, and Mr. FRIST, the provision in the bill mandating the proposes an amendment numbered 2181. it were something that saved money, I continued operation of the emergency At the appropriate place, insert the fol- would have a different position on it, landing field at Midway Island Atoll in lowing: but in that respect I will oppose this. the Pacific. SEC.ll. No funds provided under Section The PRESIDING OFFICER. The Sen- The bill before us, for the third con- 1702 of the Safe, Accountable, Flexible, Effi- ator from Oklahoma. secutive year, requires a cost-sharing cient Transportation Equity Act: A Legacy Mr. COBURN. How much time do I for Users (Public Law 109–59; 119 Stat. 1144) agreement between the appropriate for the construction or reconstruction of any have remaining? Federal agencies for the continued op- bridge shall be expended until nonemergency The PRESIDING OFFICER. One eration of this critical airfield. funds have been made available for the re- minute 11 seconds. This amendment would clarify that pair of the Twin Spans Bridge connecting Mr. COBURN. Was Senator INHOFE’s among the costs that must be covered New Orleans and Slidell, Louisiana. time taken from my time? by the Federal agencies are the nec- Mr. STEVENS. Mr. President, it is The PRESIDING OFFICER. It was essary capital costs for the replace- my understanding the first amendment not. ment of the aged fuel farm on the is- offered by the Senator from Oklahoma Mr. COBURN. I would say to my land. will be considered first. friend, whom I love dearly as a friend I am not aware of any objection on I yield the floor. and a brother, this amendment is about either side. I ask for adoption of the AMENDMENT NO. 2165, AS MODIFIED changing the priorities in this country. amendment. Mr. COBURN. Mr. President, the pur- We can reject that or we can accept it. The PRESIDING OFFICER. The pose of my amendment does not have I gave a speech this morning about the question is on agreeing to the amend- that much to do with Alaska as it does rumble that is out there in this coun- ment. with priorities in our country. We put try. We need to listen to that rumble. The amendment (No. 2180) was agreed forward $600 billion of debt to our chil- The rumble is the American people to. dren last year ending September 30. We want us to start doing a better job of Mr. BOND. I move to reconsider the have a war going on. We have the larg- prioritizing how we spend money. I re- vote. est natural catastrophe we have ever spect his position on this. I have no ill Mrs. MURRAY. I move to lay that seen in our history. We have a hurri- feelings that he will oppose me on this motion on the table. cane coming on Florida. We are at war. amendment. The motion to lay on the table was It is time we reassess the priorities we This is an amendment that is good agreed to. utilize in this body as we think about for the country. Mr. BOND. Mr. President, I suggest our obligations at home. The PRESIDING OFFICER. Who the absence of a quorum. The purpose of my amendment is to yields time? The PRESIDING OFFICER. The move $125 million out of above-the-line The Senator from Alaska. clerk will call the roll. money—not program money, not for- Ms. MURKOWSKI. Mr. President, the The assistant legislative clerk pro- mula money—to be used for this. I un- Senator from Oklahoma who has just ceeded to call the roll. derstand there is going to be another spoken, who is the author of this Mr. FRIST. Mr. President, I ask amendment. My hope is the American amendment, has indicated we need to unanimous consent that the order for public will see how we are spending be making sacrifices. I do not think the quorum call be rescinded. money and encourage us to spend it in anyone in the State of Alaska feels we The PRESIDING OFFICER. Without a way that is more frugal and con- should not be contributing, but we do objection, it is so ordered. sistent with the heritage we have in not feel in the State of Alaska that it Mr. FRIST. Mr. President, I ask the country, and that is making sac- should be coming entirely from one unanimous consent that Senator STE- rifices today for the future of our coun- State. This amendment puts the sac- VENS now be recognized to offer a first- try and for the next generation. rifice on one State.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23354 CONGRESSIONAL RECORD—SENATE October 20, 2005 I urge rejection of this amendment. Harkin Lott Santorum forced is another matter. But this is a The PRESIDING OFFICER. Who Hatch Lugar Sarbanes tough bill, and there are many people Hutchison Martinez Shelby yields time? Inhofe McConnell Smith who are working on it who need to go Mr. STEVENS. How much time re- Inouye Mikulski Snowe back to the confirmation process of mains? Isakson Murkowski Specter Harriet Miers. Jeffords Murray The PRESIDING OFFICER. The Sen- Stabenow We have a lot of work to do. I want Johnson Nelson (FL) Stevens Kennedy Nelson (NE) to be as emphatic as I can—that if you ator from Alaska has 1 minute remain- Talent Kerry Obama ing. Thomas have amendments, get them ready be- Kohl Pryor Thune Mr. STEVENS. Mr. President, I Lautenberg Reed cause I will press for third reading. would add to my colleague’s comment Leahy Reid Voinovich Thank you. to say this concept is a concept that Levin Roberts Warner The PRESIDING OFFICER (Mr. Wyden every State should think about because Lieberman Rockefeller DEMINT). The Senator from Illinois. Lincoln Salazar if it can be done on a bridge, why not Mr. DURBIN. Mr. President, has do it on any type of event where a Sen- NOT VOTING—3 there been time set aside to speak in ator would like to have money for their Corzine McCain Schumer opposition to the pending amendment? State, but they say take it from an- The amendment (No. 2165), as modi- The PRESIDING OFFICER. No. other State because they do not need fied, was rejected. Mr. DURBIN. I ask unanimous con- it. I made a statement earlier today Mr. STEVENS. Mr. President, I move sent to speak for 2 minutes in opposi- that in my 37 years I have never seen to reconsider the vote. tion to the pending amendment. this. I have never seen a request that Mrs. MURRAY. Mr. President, I Mr. BAUCUS. Objection. money for a disaster be taken solely move to lay that motion on the table. The PRESIDING OFFICER. Objec- from a project in one State to help a The motion to lay on the table was tion is heard. disaster in other States. agreed to. Mr. DURBIN. I ask unanimous con- We are a disaster-prone State. We Mr. STEVENS. Mr. President, my sent to speak for 1 minute. have more disasters than any other colleagues, Senator MURKOWSKI, Sen- Mr. BAUCUS. Objection. State in the Union. Remember our 1964 ator FRIST, and I offered the second Mr. STEVENS. The time hasn’t ex- earthquake. We have tsunamis. We amendment establishing the principle pired yet. have all types of disasters. But we have that if this type of money is to be made Mr. DURBIN. Mr. President, I sug- never tried to take moneys from other available to an area of disaster, it gest the absence of a quorum. States to meet our costs. would come equally from the projects Mr. STEVENS. Mr. President, par- I urge the Senate not to start this that are authorized under the highway liamentary inquiry: Wasn’t there time process. bill and above the line area for bridges. on both sides for that amendment? I yield back the time. In view of this vote taken, I would be The PRESIDING OFFICER. There Mr. BOND. I ask for the yeas and willing to withdraw this amendment. I was prior to the first vote. nays. understand there is objection to that. Mr. DURBIN. I suggest the absence of The PRESIDING OFFICER. Is there a There is already a unanimous consent a quorum. sufficient second? request that the amendment be pre- The PRESIDING OFFICER. The There appears to be a sufficient sec- sented. clerk will call the roll. ond. I ask for the yeas and nays on the The legislative clerk proceeded to The question is on agreeing to amendment. call the roll. Coburn amendment No. 2165, as modi- The PRESIDING OFFICER. Is there a Mr. STEVENS. Mr. President, I ask fied. sufficient second? unanimous consent that the order for The yeas and nays have been ordered. Mr. STEVENS. Again, I say some the quorum call be dispensed with. The clerk will call the roll. Members voted the way they did on the The PRESIDING OFFICER. Without The legislative clerk called the roll. Coburn amendment because of the objection, it is so ordered. Mr. STEVENS. Mr. President. I ask Mr. MCCONNELL. The following Sen- presence of this amendment and wish ator was necessarily absent: the Sen- to be recorded in favor of this amend- unanimous consent that there be equal time for anyone to speak for 2 minutes, ator from Arizona (Mr. MCCAIN). ment. Mr. DURBIN. I announce that the I yield my time. at least. I have 2 minutes on my side. Mr. SPECTER. Mr. President, if I I ask unanimous consent to allow 2 Senator from New Jersey (Mr. CORZINE) and the Senator from New York (Mr. could have the attention of my col- minutes for the Senator from Illinois leagues, tomorrow we are starting on on my amendment. SCHUMER) are necessarily absent. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Are there the appropriations bill of Labor, Health objection? Without objection, it is so any other Senators in the Chamber de- and Human Services, and Education. It ordered. siring to vote? is a very complex bill. We are advised Mr. DURBIN. Mr. President, I will be The result was announced—yeas 15, preliminarily that there will be many very brief. nays 82, as follows: amendments offered. Senator HARKIN and I sent out a ‘‘Dear Colleague’’ let- Understand what this amendment [Rollcall Vote No. 262 Leg.] ter urging all Members who have says: No bridge in the highway bill can YEAS—15 amendments to have them ready to be built until this bridge in Louisiana Allard Conrad Kyl file. is built from non-emergency funds, fi- Allen DeMint Landrieu I have consulted with the majority nanced from non-emergency funds. If Bayh DeWine Sessions Burr Feingold Sununu leader. I have long advocated that if we they take any part of the $60 billion Coburn Graham Vitter have quorum calls and amendments that we have already put in FEMA to NAYS—82 not ready to go, that we go to third put into construction of this bridge, it reading and final passage. I am not doesn’t count. It has to be non- Akaka Cantwell Dodd Alexander Carper Dole sure how effective that approach will emergency funds. Baucus Chafee Domenici be, but I am going to try it. I have been So understand that it is slowing Bennett Chambliss Dorgan talking about it for a long time. The down the construction of bridges every- Biden Clinton Durbin Bingaman Cochran Ensign majority leader is encouraging on it. where until we appropriate more Bond Coleman Enzi But I want to put everybody on no- money for financing this bridge in Lou- Boxer Collins Feinstein tice that we are going to press very isiana. Brownback Cornyn Frist hard and also on the vote on 15 and 5. I yield the floor. Bunning Craig Grassley Burns Crapo Gregg Again, I am not the majority leader. Mr. STEVENS. Mr. President, I ask Byrd Dayton Hagel I know that. Whether it will be en- for the yeas and nays.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23355 The PRESIDING OFFICER. Is there a accepted to be in the managers’ pack- The PRESIDING OFFICER. The ma- sufficient second? age. There is a Leahy-Coleman amend- jority leader. There is a sufficient second. ment, two amendments from Senator Mr. FRIST. Mr. President, to my dis- The question is on agreeing to the LANDRIEU. We have two amendments tinguished colleague from Massachu- amendment, and the clerk will call the we are going to accept from Senator setts, are you talking about the small roll. COBURN. We have an amendment we are business reauthorization or the The assistant legislative clerk called accepting from Senator BILL NELSON. Katrina-focused legislation? the roll. Is there objection? Mr. KERRY. This is the Katrina Mr. MCCONNELL. The following Sen- Mrs. MURRAY. And Bingaman. small business hurricane relief and re- ators were necessarily absent: the Sen- Mr. BOND. And Senator BINGAMAN’s construction bill. What is it? It is S. ator from Wyoming (Mr. ENZI), the amendment. It is done? 1807. Senator from Arizona (Mr. MCCAIN), Mr. REID. Bingaman is done. Mr. FRIST. The Senator’s question, and the Senator from Wyoming (Mr. Mr. LEAHY. Leahy-Coleman. that it has passed the Senate or is THOMAS). Mr. BOND. The Leahy-Coleman being considered? Mr. DURBIN. I announce that the amendment will be one of them. Mr. KERRY. It passed the Senate 96 Senator from Montana (Mr. BAUCUS), The PRESIDING OFFICER. Is there to 0. the Senator from New Jersey (Mr. objection? Mr. FRIST. The question to me is CORZINE), and the Senator from New Without objection, it is so ordered. what, again? Mr. BOND. Mr. President, we are York (Mr. SCHUMER) are necessarily ab- Mr. KERRY. The question is wheth- going to try to resolve these amend- sent. er—I know the chairman wants to ments as quickly as possible. I know The PRESIDING OFFICER. Are there make this happen—if we could try to everyone wants to get out of here. any other Senators in the Chamber de- break this out and pass it separately, I suggest that perhaps Senator LAN- siring to vote? pass it in the House, and get this im- DRIEU can address her amendments The result was announced—yeas 33, mediate assistance into the hands of very quickly. I am going to talk with nays 61, as follows: the small businesses. It would make an Senator LEAHY and Senator COLEMAN, [Rollcall Vote No. 263 Leg.] enormous difference, obviously. YEAS—33 and see if we can resolve those. I yield the floor. Mr. FRIST. Obviously, we need to Allard Cornyn Martinez The PRESIDING OFFICER. The Sen- focus on small business. We know how Allen DeMint McConnell important that is in terms of both the Bayh Dole Murkowski ator from Massachusetts. Bennett Feingold Santorum Mr. KERRY. Mr. President, I know flexibility and the release of regula- Brownback Frist Sessions the Senator from Louisiana wants to tions. The focus on small business is Bunning Graham Shelby part of that rebuilding and renewal in Burr Hatch Specter speak in a moment. I want to make an Chafee Inhofe Stevens inquiry of the majority leader, if I a smarter way. I would be happy to Chambliss Isakson Sununu could. It will only take a moment. talk to the Senators who are involved Coburn Kyl Vitter to see how we could address it. Coleman Landrieu Warner I don’t know where Senator SNOWE is. We were talking a moment ago. She is I am not going to make any commit- NAYS—61 the chairperson of the Small Business ment at this point in time, but the Akaka Durbin Mikulski Committee. I am the ranking member. Senate has spoken in terms of a very Alexander Ensign Murray We have been making a bona fide, bi- significant vote on the floor. I will be Biden Feinstein Nelson (FL) happy to talk to my colleagues about Bingaman Grassley Nelson (NE) partisan effort to try to get the Small Bond Gregg Obama Business Hurricane Relief and Recon- how we can, in some way, accelerate Boxer Hagel Pryor struction Act into law. It has been sit- that next week. Burns Harkin Reed ting up in the conference and is sort of Ms. LANDRIEU. Mr. President, if I Byrd Hutchison Reid Cantwell Inouye could, will the majority leader yield Roberts stuck at the moment. Carper Jeffords for a question? Rockefeller The problem is that—Mr. President, Clinton Johnson I ask the majority leader and the Cochran Kennedy Salazar could we have order. Collins Kerry Sarbanes The PRESIDING OFFICER. Could we Senator from Massachusetts, did they Conrad Kohl Smith have order, please. Will Senators take know that today the report came out Craig Lautenberg Snowe from the Small Business Administra- Stabenow their conversations off the floor. Crapo Leahy tion, which the chairman knows, the Dayton Levin Talent Mr. KERRY. Mr. President, the ad- DeWine Lieberman Thune ministration has set up two major Senator from Maine, Ms. SNOWE, that Dodd Lincoln Voinovich pieces of relief for Hurricanes Katrina 53,900 businesses have applied for help, Domenici Lott Wyden and that only 58 businesses have re- Dorgan Lugar and Rita, totaling $62 billion, but not one penny of that $62 billion is des- ceived checks to date? NOT VOTING—6 ignated for small business, even though Let me repeat, 53,900 businesses have Baucus Enzi Schumer there are several hundred thousand asked for help, and, to date, 58 in the Corzine McCain Thomas small businesses that are in need of re- whole region—from Louisiana, Mis- The amendment (No. 2181) was re- lief in the region. sissippi, Texas, and Alabama—have re- jected. Only 84 out of some 20,000-plus re- ceived help—58 businesses. So I think Mr. BOND. Mr. President, I move to quests—only 84 requests—for loans or the Senator from Massachusetts raises reconsider the vote. grants have been approved by the a good point. Mr. STEVENS. I move to lay that Small Business Administration. So this Did you know there is some urgency, motion on the table. is becoming an incredibly backed-up, Mr. Leader, about this situation? The motion to lay on the table was serious restraint on the ability of small Mr. KERRY. Mr. President, I thank agreed to. businesses to get back on their feet in the Senator from Louisiana. She is AMENDMENT NO. 2065 the injured areas. right about the number that received The PRESIDING OFFICER. Under I know Senator SNOWE is deeply con- checks. I think it was a total of 84 that the previous order, amendment No. 2065 cerned about it. I know a lot of col- received approval. But that is out of is agreed to. leagues are very deeply concerned tens of thousands, as we have heard. The amendment (No. 2065) was agreed about this. Is there a way we could try The problem is, if you are going to to. next week to break this out? It has bring the communities back, you are Mr. BOND. Mr. President, I ask unan- passed 96 to 0 here in the Senate. We going to have to get these small busi- imous consent that the only amend- desperately need to get this help to nesses up on their feet because they are ments in order will be those that are those businesses in the communities. the heart of that kind of recovery.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23356 CONGRESSIONAL RECORD—SENATE October 20, 2005 So again, I think it is a bipartisan a system to give them a break—not for May I inquire through the Chair? initiative. And my hope is—I look for- a month, not for 2 months, not for 3 The PRESIDING OFFICER. The Sen- ward to talking with the leader and months. ator from Vermont. seeing how we can expedite this. The average savings on a mortgage Mr. LEAHY. Mr. President, I will tell I yield the floor. would be $4,317 in Louisiana, $4,740 in the distinguished senior Senator from The PRESIDING OFFICER. The ma- Alabama, $4,131 in Mississippi, and Missouri, first off, that he and the dis- jority leader. $4,875 would be a 6-month average tinguished senior Senator from Wash- Mr. FRIST. Mr. President, again, we mortgage. The families in my State ington State have been doing a wonder- are absolutely committed to addressing could use this extra money. No admin- ful job in moving this bill. It is a dif- the concerns of both of the Senators in istrative costs, no contractors, no ficult bill. I know. I have watched it a bipartisan way. I will make it very fraud, no waste, no abuse, simple, 6- being put together in the Appropria- clear, the legislation and the amend- month deferment on mortgages, put 6 tions Committee. I know the two of ment the distinguished Senator from months at the end of your mortgage, them have worked extraordinarily Massachusetts is talking about did give people some cash and breathing hard. I mean to commend them, wheth- pass in a bipartisan way here. We need room. er the distinguished Senator supports to continue to address the problem—a It is a sound amendment. Our delega- me and the Senator from Minnesota or very real problem—to promote small tion thinks it is good. We cannot pass not in our bipartisan amendment, num- business as a big part—a big part, a it tonight, but I think we have to have ber 2157, to restore funding to the Com- huge part—of the rebuilding and re- a better system of help for Americans munity Development Block Grants, newal that we all know needs to be ac- who get caught in storms, tornadoes, Section 8 Housing Vouchers, and Pub- celerated. earthquakes, or, for heaven’s sake, a lic Housing Capital and Operating The PRESIDING OFFICER. The Sen- terrorist attack. The system we have Funds. I think all of us should com- ator from Louisiana. in place is not working: $62 billion to mend them for the work they have Ms. LANDRIEU. Mr. President, while FEMA, $43 billion sits in a bank. No- done and want to work with them to the managers are making final deci- body is getting money. Nobody is get- look for alternatives that will make sions about the package, could I have 4 ting help. People are stuck in hotels. our amendment acceptable to them. I minutes to speak about an amendment There is no plan for housing. I could go suggest the absence of a quorum. I I am going to offer but not ask for a on and on. think the chairman will probably be We need to do better. I will withdraw vote on? pleased that I do. this amendment at this time, but we The PRESIDING OFFICER. Is there Mr. BOND. If the Senator will with- will offer it again to give people hope, objection? hold, the Senator from Louisiana is 6 months of a break until they can fig- Mr. BOND. No objection. prepared to offer another amendment. ure out whether they can rebuild, come The PRESIDING OFFICER. Without Ms. LANDRIEU. I am not going to back, or move to another place. objection, it is so ordered. offer another amendment. I just want- I thank my colleagues for their pa- Ms. LANDRIEU. Thank you, Mr. tience. ed to offer the amendment to be placed President. I would like to ask for order, I suggest the absence of a quorum. in the RECORD and withdraw it because if I could. I have an amendment I am The PRESIDING OFFICER. The I have already spoken about it. I thank going to speak about but not ask for a clerk will call the roll. the managers. vote on. I would appreciate my col- The legislative clerk proceeded to The PRESIDING OFFICER. The leagues’ focus for a moment. call the roll. amendment has been printed in the The PRESIDING OFFICER. The Sen- Mr. BOND. Mr. President, I ask unan- RECORD. ate is not in order. imous consent that the order for the Mr. LEAHY. I suggest the absence of Ms. LANDRIEU. The amendment I quorum call be rescinded. a quorum. was going to offer to the underlying The PRESIDING OFFICER. Without The PRESIDING OFFICER. The HUD appropriations bill is part of a objection, it is so ordered. clerk will call the roll. blueprint for action that our delega- Mr. BOND. Mr. President, we need to The legislative clerk proceeded to tion—Republicans and Democrats— see the amendments from Senator LAN- call the roll. from Louisiana has asked the Congress DRIEU. I believe with modifications we Mr. LEAHY. Mr. President, I ask to consider. Not only would this work can accept them. If she would share unanimous consent that the order for for Louisiana, Mississippi, Alabama, them with us, we would be happy to do the quorum call be rescinded. and Texas today, but if something like that. The PRESIDING OFFICER. Without this were in law, it could work for I would ask my colleagues, the Sen- objection, it is so ordered. every city and every State in the event ator from Vermont and the Senator Mr. LEAHY. Mr. President, while we that some catastrophic event occurred, from Minnesota, about the time they have the distinguished senior Senator where hundreds of thousands of homes will need. They have an amendment I from Missouri and the distinguished were destroyed and people were dis- would love to be able to accept, pro- senior Senator from Washington and placed. viding more money for CDBG and other the distinguished Senator from Min- My amendment, which I am not worthwhile activities. Unfortunately, nesota on the floor, let me propose going to ask for a vote on but will offer there is not money to rescind. We were this: We could spend the next several at some time, would provide for a 6- presented with a major rescission pack- hours on our bipartisan amendment to month deferral from mortgages—not a age by the administration, but neither restore funding to the Community De- waiver of mortgages, not a forgiveness the Department of Housing and Urban velopment Block Grants, Section 8 of mortgages, but 6 months for Ameri- Development nor the Office of Manage- Housing Vouchers, and Public Housing cans, for families to get their legs un- ment and Budget could justify any of Capital and Operating Funds, and there derneath them, until they can figure those rescissions. We have taken the are enough of our 40 bipartisan cospon- out what their insurance is going to maximum rescissions we believe are sors willing to speak that it would take cover and not cover, where their chil- feasible. This additional funding for several hours to do it. We would then dren might go to school, where they CDBG is predicated on providing more end up on a 60-vote point of order, might find a job. These are Americans offsets, plus it is $200 million above the which may or may not go through. I who have worked hard, played by the budget. I regret that I will have to know from nearly 30 years on the Ap- rules, invested in their home—which is raise a Budget Act point of order. I ask propriations Committee how it works. their largest asset—and, in the blink of what time limit they would need to I have watched for decades the work of an eye, it is gone. speak on this amendment. I regret I the distinguished Senator from Mis- In the United States of America, in must tell them that I will have to raise souri and the distinguished Senator the year 2005, we do not have in place a Budget Act point of order. from Washington State. I know how

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23357 hard both of them have worked to ac- the ranking member and chairman of his staff provide us copies of those commodate the needs of Senators from the committee. We are in an awkward amendments and that they be included both sides of the aisle, and certainly in position. We are all trying to get to the in the managers’ package. this case, when the key cosponsors are same place. I accept those assurances. The PRESIDING OFFICER. The Sen- both Republican and Democrat. I see These programs are vitally important. ator from Missouri should note that my friend from Minnesota on the floor. We had over 68 votes for supporting full both of those amendments are already I have truly appreciated all the work funding for CDBG when it first came up pending. Senator COLEMAN, Senator SARBANES, this year. We are all marching down AMENDMENT NO. 2091 WITHDRAWN Senator GRAHAM and Senator REED the same path. I appreciate the work Mr. BOND. I ask that amendment have put into crafting this amendment that the chairman and the ranking 2091 be withdrawn. with me. I also thank our 35 other co- member have done and their commit- The PRESIDING OFFICER. Without sponsors, who strike a broad swath of ment to look for more money when we objection, it is so ordered. the political spectrum. Might I suggest get to conference. Is there objection to considering the this, though: That we withhold our Mr. LEAHY. Mr. President, we will specified amendments en bloc? amendment and work to ensure that in withdraw the amendment. If it is at Without objection, it is so ordered. conference we increase funds for these the desk, we withdraw it. The Senator from Washington. important community development The PRESIDING OFFICER. The Mrs. MURRAY. Mr. President, we are and housing programs. I am on Appro- amendment is not pending. working our way quickly toward final priations. The Senator from Missouri is The PRESIDING OFFICER. The Sen- passage. I just wanted to take a minute as well, of course, as is the Senator ator from Missouri. and thank our chairman, Senator from Washington State. With Senator AMENDMENTS NOS. 2182; 2080; 2122; 2083, AS MODI- BOND, from Missouri, who has done a COLEMAN, we are all agreed on the need FIED; 2183; 2184; 2185; 2186; 2187; 2188; 2167, AS remarkable job with a very complex for Community Development Block MODIFIED; 2168, AS MODIFIED; 2189; 2084; 2103; bill that has numerous agencies with Grant Programs, Section 8, HUD public 2119, AS MODIFIED; 2190; 2150, AND 2173 EN BLOC it, the first time the Senate has consid- housing. Between now and the time of Mr. BOND. Mr. President, as part of a ered a bill with Transportation and conference, we will work closely to- managers’ package, I send to the desk HUD and Judiciary. I wish to com- gether with the leaders of the Trans- amendment No. 2182 from Senator pliment him and his staff and thank all portation-Treasury-HUD Appropria- LEVIN on the use of funds for Federal of our staffs for the tremendous work tions subcommittee to see if we can in- contracts with expatriate agencies; crease these various areas. Would that they did in moving this bill forward. amendment No. 2080, Senator I thank the Chair. make sense to the distinguished chair- SANTORUM, to modify provisions relat- Mr. BOND. Mr. President, I thank my man? ing to certain Federal contracts; Mr. BOND. Mr. President, the sugges- colleague from Washington. Her co- amendment No. 2122, to allow disabled operation and her very active involve- tion of my friend from Vermont is a and nondisabled tenants to keep their very good one. I think he knows—and ment have made all of this possible. We Section 8 contracts for properties appreciate it. We will talk about our he serves on our committee—that try- postforeclosure by Senator SCHUMER, ing to fund these very vital programs is staff later. as modified; amendment No. 2083, as I call up amendment 2103 on behalf of a top priority of my ranking member modified, by Senator DEWINE, to appro- and of mine. We are in a position where Senator BURNS requiring air carriers to priate $6 million for the new car assess- honor tickets for suspended air pas- we have not been able to identify any ment program; an amendment on be- more dollars. We will look forward to senger service, and I call up modified half of Senators FRIST, DOLE, and working with them and their staffs. We amendment No. 2119 on behalf of Sen- BOXER to provide funding for Habitat ator STEVENS and Senator ENSIGN and will work in conference with the House for Humanity; an amendment on behalf to try to add money because these are ask that be considered and adopted. of Senator MURRAY relating to the Spo- high-priority programs. Community We have the Coburn amendment, im- kane region high-speed rail corridor proper payments. I call up amendment development block grants, public hous- study; an amendment on behalf of my- ing, Section 8, these are vitally impor- 2150 on behalf of Senator SNOWE relat- self to eliminate the GSA authority to tant. Right now we can’t find them. I ing to certified service station employ- retain proceeds from the sale or other would be put in a very awkward spot of ees, the Federal Aviation amendment, conveyance of real and personal prop- having to raise a Budget Act point of and ask that be included in the man- erty; an amendment on behalf of Sen- order. I would appreciate the oppor- agers’ package, and amendment 2173 on ator NELSON making appropriations for tunity to work with the Senator from behalf of Senator COLEMAN relating to the Department of Treasury for the Fi- Vermont, the Senator from Minnesota, purchase card payments to Federal nancial Crimes Unit; an amendment on and other Senators. I know I speak for contractors and ask that be included. behalf of Senator LOTT and Senator my colleague from Washington. We The PRESIDING OFFICER. Without LAUTENBERG relating to Amtrak; an will work with the other original co- objection, it is so ordered. sponsors of this amendment to try to amendment on behalf of Senator LAU- Without objection, the amendments accomplish that. I thank him very TENBERG on the owners and operators are agreed to en bloc. much for his understanding and will- of airports certified under section The amendments were agreed to en ingness to work with us. 44476; two amendments on behalf of bloc, as follows: Senator LANDRIEU, one to make funds Mr. LEAHY. Mr. President, I have AMENDMENT NO. 2182 available for conducting a study and worked with both the Senators from (Purpose: To prohibit the use of funds for Missouri and Washington State for submission of a report relating to cata- Federal contracts with expatriated entities) strophic hurricane evacuation plans years. I know they have commitments On page 293, after line 25, add the fol- to all these programs and have always and another amendment to set aside lowing: funds to provide grants to local govern- worked in a bipartisan way. I would be SEC. ll. PROHIBITION ON FUNDING OF FED- willing to accept those assurances. I ments to address increased transpor- ERAL CONTRACTS WITH EXPATRI- ask my chief cosponsor, the Senator tation demands in communities that ATED ENTITIES. from Minnesota, how he feels about have experienced significant popu- (a) IN GENERAL.—None of the funds appro- this commitment from the chairman lation growth; an amendment on behalf priated or otherwise made available by this Act may be used for any Federal Govern- and ranking member of the TTHUD Ap- of Senator COLEMAN to improve the safety of all-terrain vehicles; and on ment contract with any foreign incorporated propriations subcommittee? entity which is treated as an inverted domes- The PRESIDING OFFICER. The Sen- behalf of Senator COBURN, we wish to tic corporation under section 835(b) of the ator from Minnesota. include amendment No. 2084. Senator Homeland Security Act of 2002 (6 U.S.C. Mr. COLEMAN. Mr. President, the COBURN has an amendment on improper 395(b)) or any subsidiary of such an entity. champions of CDBG and Section 8 are payments, and I would ask that he or (b) WAIVERS.—

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(1) IN GENERAL.—Any Secretary shall waive AMENDMENT NO. 2185 the Secretary of Transportation and the Sec- subsection (a) with respect to any Federal (Purpose: Eliminate GSA authority to retain retary of Homeland Security to jointly— Government contract under the authority of proceeds from sale or other conveyance of (1) complete the review and assessment of such Secretary if the Secretary determines real and personal property) catastrophic hurricane evacuation plans that the waiver is required in the interest of under that section; and On page 383, state line 21 and all that fol- national security. (2) submit to Congress, not later than June lows through line 6 on page 384. (2) REPORT TO CONGRESS.—Any Secretary 1, 2006, the report described in subsection (d) issuing a waiver under paragraph (1) shall re- AMENDMENT NO. 2186 of that section. port such issuance to Congress. (Purpose: To provide the sense of Congress (b) Section 10204 of the Safe, Accountable, (c) EXCEPTION.—This section shall not that the Secretary of the Treasury should Flexible, and Efficient Transportation Eq- apply to any Federal Government contract place al-Manar on the Specially Des- uity Act: A Legacy for Users (Public Law entered into before the date of the enact- ignated Global Terrorist list) 109–59) is amended— ment of this Act, or to any task order issued On page 293, after line 25, insert the fol- (1) in subsection (a)— pursuant to such contract. lowing: (A) by inserting after ‘‘evacuation plans’’ AMENDMENT NO. 2080 SEC. 221. It is the sense of Congress that the following: ‘‘(including the costs of the plans)’’; and (Purpose: To modify provisions relating to the Secretary of the Treaury should place al- (B) by inserting ‘‘and other catastrophic certain Federal contracts) Manar, a global satellite television oper- ation, on the Specially Designated Global events’’ before ‘‘impacting’’; On page 276, after line 24, add the fol- Terrorist list. (2) in subsection (b), by striking ‘‘and lowing: local’’ and inserting ‘‘parish, county, and AMENDMENT NO. 2187 SEC. 18ll. Section 112(b)(2) of title 23, municipal’’; and United States Code, is amended— (Purpose: To modify the provisions on grants (3) in subsection (c)— (1) in subparagraph (A), by striking ‘‘title to the National Passenger Rail Corporation) (A) in paragraph (1), by inserting ‘‘safe 40’’ and all that follows through the period On page 250, line 9, strike ‘‘Provided, That,’’ and’’ before ‘‘practical’’; and inserting ‘‘title 40.’’; and all that follows through page 252, line 17, (B) in paragraph (2), by inserting after (2) by striking subparagraph (B); and insert ‘‘Provided, That the Corporation ‘‘States’’ the following: ‘‘and adjoining juris- (3) by redesignating subparagraphs (C) may impose a passenger service surcharge on dictions’’; through (F) as subparagraphs (B) through each ticket issued equivalent to 5 percent of (C) in paragraph (3), by striking ‘‘and’’ (E), respectively; the value of said ticket for all tickets issued after the semicolon at the end; (4) in subparagraph (E) (as redesignated by for travel in the Northeast Corridor, or route (D) in paragraph (4), by striking the period paragraph (3)), in the first sentence, by strik- segment, between Washington, DC and Bos- at the end and inserting a semicolon; and ing ‘‘subparagraph (E)’’ and inserting ‘‘sub- ton, MA and equivalent to 2 percent of the (E) by adding at the end the following: paragraph (D)’’; and value of said ticket price for all tickets ‘‘(5) the availability of food, water, rest- (5) by striking subparagraph (G). issued for travel on a route outside the rooms, fueling stations, and shelter opportu- AMENDMENT NO. 2122 Northeast Corridor, the proceeds of which nities along the evacuation routes; (Purpose: To allow disabled and non-disabled shall be used for capital investments: Pro- ‘‘(6) the time required to evacuate under tenant to keep their section 8 contracts on vided further, That the Corporation shall not the plan; and their properties post foreclosure) impose said surcharge if it finds that such a ‘‘(7) the physical and mental strains associ- surcharge shall have a deleterious impact on On page 338, line 15, strike ‘‘and is occupied ated with the evacuation.’’. ridership and revenues: Provided further, primarily by elderly or disabled families’’. AMENDMENT NO. 2167, AS MODIFIED That of the funds provided under this sec- On page 338, line 19, insert ‘‘, and the con- On page 219, line 14, insert after tion, not less than $5,000,000 shall be ex- tract for such payments shall be renewable ‘‘$15,000,000’’ the following: ‘‘, of which pended for the development and implementa- by the owner under the provisions of section $2,000,000 may be made available to provide a tion of a managerial cost accounting system, 524 of the Multifamily Assisted Housing Re- grant to the Louisiana Department of Trans- which includes average and marginal unit form and Affordability Act of 1997 (42 U.S.C. portation and Development to establish a cost capability: Provided further, That within 1437f note)’’ after ‘‘in the property’’. program under which the Louisiana Depart- 30 days of development of the managerial ment of Transportation and Development AMENDMENT NO. 2083, AS MODIFIED cost accounting system, the Department of shall provide grants to parish and municipal (Purpose: To appropriate an additional Transportation Inspector General shall re- governments in the State of Louisiana that $6,000,000 for the New Car Assessment Pro- view and comment to the Secretary of experience a significant spike in population gram with a corresponding off-set in De- Transportation and the House and Senate because of an unexpected influx of hurricane partment of Transportation salaries and Committees on Appropriations, upon the evacuees, as determined by the Louisiana expenses) strengths and weaknesses of the system and Department of Transportation and Develop- how it best can be implemented to improve On page 248, between lines 20 and 21, insert ment, to quickly implement smart and inno- decision making by the Board of Directors the following: vative plans to alleviate traffic congestion and management of the Corporation.’’. SEC. 133. For an additional amount for the and to address increased transportation de- National Highway Traffic Safety Adminis- AMENDMENT NO. 2188 mands in the affected communities’’. tration under the heading ‘‘Operations and (Purpose: To ensure that airports improve AMENDMENT NO. 2189 Research’’ $6,000,000, to carry out the provi- their runway safety areas, and for other sions of section 10307(c) of Public Law 109–59. (Purpose: To improve the safety of all- purposes) terrain vehicles in the United States) AMENDMENT NO. 2183 On page 227, line 7, strike the period and At the appropriate place, insert the fol- (Purpose: To fund Habitat for Humanity) insert the following: ‘‘Provided further, That lowing: On page 310, line 16, after ‘‘tribal area’’, in- not later than December 31, 2015, the owner SEC. ll. ALL-TERRAIN VEHICLES. sert the following: ‘‘, and of which $5,000,000 or operator of an airport certificated under (a) IN GENERAL.—Notwithstanding any shall be for capacity building activities ad- 49 U.S.C. 44706 shall improve the airport’s other provision of law, it is unlawful for any ministered by Habitat for Humanity Inter- runway safety areas to comply with the Fed- manufacturer or wholesale distributor to dis- national’’. eral Aviation Administration design stand- tribute in commerce in the United States ards required by 14 CFR part 139: Provided AMENDMENT NO. 2184 any new assembled or unassembled ATV un- further, That the Federal Aviation Adminis- On page 253, after line 22, insert the fol- less— tration shall report annually to the Congress lowing: (1)(A) with respect to an ATV designed for on the agency’s progress toward improving ‘‘SEC. ll Notwithstanding any other pro- use by single operator only, such ATV com- the runway safety areas at 49 U.S.C. 44706 vision of law, funds made available to the plies with any applicable provision of— airports.’’ Federal Railroad Administration for the (i) the American National Standard for Spokane Region High Speed Rail Corridor AMENDMENT NO. 2168, AS MODIFIED Four Wheel All-Terrain Vehicles – Equip- Study on page 1420 of the Joint Explanatory On page 276, after line 24, add the fol- ment, Configuration, and Performance Re- Statement of the Committee of Conference lowing: quirements developed by the Specialty Vehi- for Public Law 108–447 (House Report 108–792) SEC. 1ll.(a) In addition to amounts avail- cle Institute of America (American National shall be made available to the Washington able to carry out section 10204 of the Safe, Standard ANSI/SVIA–1–2001); State Department of Transportation for Accountable, Flexible, and Efficient Trans- (ii) a revision of such Standard; or track and grade crossing improvements portation Equity Act: A Legacy for Users (iii) a mandatory rule promulgated by the under the Bridging the Valley project be- (Public Law 109–59) as of the date of enact- Consumer Product Safety Commission; or tween Spokane County, Washington and ment of this Act, of the amounts made avail- (iv) such alternative standard that may be Kootenai County, Idaho.’’ able by this Act, $1,000,000 may be used by accepted by the commission; or

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(B) with respect to an ATV designed for AMENDMENT NO. 2190 (4) An assignment and temporary appoint- use by an operator and passengers, such ATV (Purpose: To ensure fiscal integrity of the ment under this section shall terminate on complies with any applicable provisions of payments made by Federal agencies and to the earlier of— any future American National Standard de- prohibit the use of funds until the Depart- (A) October 4, 2007; or veloped for such vehicles or such alternative ment of Housing and Urban Development (B) the date on which the employee first standard that may be accepted by the com- has reported specific actions taken to esti- becomes eligibility for an immediate annu- mission; mate improper payments in the commu- ity under section 8336(d) or 8414(b) of title 5, (2) with respect to an ATV, it is subject to nity development block grant program as United States Code. or covered by a letter of undertaking or an required under the Improper Payments In- (5) Such funds as may be necessary are au- ATV action plan that is sent not more than formation Act of 2002) thorized for the Federal Aviation Adminis- tration to pay the salary and benefits of an 30 days after the date of enactment of this On page 406, between lines 7 and 8, insert employee assigned under this section, but no Act— the following: (A) applies to such ATV; funds are authorized to reimburse the em- (B) includes actions to promote ATV safe- SEC. 724. DEPARTMENT OF HOUSING AND URBAN ploying contractor for the salary and bene- DEVELOPMENT RISK ASSESSMENT. ty; and fits of an employee so assigned. (a) ESTIMATE.—The Secretary of Housing (C) has been approved by the Commission (b) An employee who is being involuntarily and Urban Development shall estimate im- and is substantially implemented at the time separated as a result of the reorganization of proper payments for the community develop- of the distribution in commerce of such the Flight Services Unit following the out- ment block grant program under title I of ATV; and sourcing of flight service duties to a con- the Housing and Community Development (3) such ATV bears a permanent label cer- tractor, and is eligible to use annual leave Act of 1974 (42 U.S.C. 5301 et seq.) pursuant to tifying that it complies with the provisions under the conditions of section 6302(g) of section 2 of the Improper Payments Informa- of paragraphs (1) and (2). title 5, United States Code, may use such tion Act of 2002 (Public Law 107–300). (b) DEFINITIONS.—In this section: leave to— (b) REPORT.—Not later than 60 days after (1) ATV.—The term ‘‘ATV’’ means any mo- (1) qualify for an immediate annuity or to the date of enactment of this section, the torized, off-highway, all-terrain vehicle de- meet the age or service requirements for an Secretary shall report to Congress on spe- signed to travel on 4 wheels, having a seat enhanced annuity that the employee could cific actions taken to estimate improper designed to be straddled by the operator and qualify for under sections 8336, 8412, or 8414; payments in the community development handlebars for steering control and does not or block grant program to comply with section include a prototype of an motorized, off- (2) to meet the requirements under section 2 of the Improper Payments Information Act highway, all-terrain vehicle or other off- 8905(b) of title 5, United States Code, to qual- of 2002, including a schedule for full compli- highway, all-terrain vehicle that is intended ify to continue health benefits coverage ance with such Act within fiscal year 2006. exclusively for research and development after retirement from service. (c) FAILURE TO REPORT.—If the Secretary purposes. (c)(1) Nothing in this section shall— fails to report to Congress on specific actions (2) COMMISSION, DISTRIBUTION IN COMMERCE, (A) affect the validity or legality of the re- taken to estimate improper payments as re- TO DISTRIBUTE IN COMMERCE, UNITED duction-in-force actions of the Federal Avia- quired under subsection (b), funds for the STATES.—The terms ‘‘Commission’’, ‘‘dis- tion Administration effective October 3, 2005; community development block grant pro- tribution in commerce’’, ‘‘to distribute in or gram shall be halted until such report is sub- commerce’’, and ‘‘United States’’ have the (B) create any individual rights of actions mitted. meaning given those terms in section 3(a) of regarding such reduction-in-force or any the Consumer Product Safety Act (15 U.S.C. AMENDMENT NO. 2150 other actions related to or arising under the 2052(a)). (Purpose: To assist certain flight service sta- competitive sourcing of flight services. (c) VIOLATION OF CPSA.—Any violation of tion employees of the Federal Aviation Ad- (2) An employee subject to this section subsection (a) shall be considered to be a pro- ministration) shall not be— hibited act within the meaning of section 19 At the appropriate place, insert the fol- (A) covered by chapter 71 of title 5, United of the Consumer Product Safety Act (15 lowing: States Code, while on the assignment au- thorized by this section; or U.S.C. 2068) and shall be subject to the pen- SEC. ll.(a)(1) This section shall apply to alties and remedies available for prohibited an employee of the Federal Aviation Admin- (B) subject to section 208 of title 18, United acts under the Consumer Product Safety istration, who— States Code. (3) Temporary employees assigned under Act. (A) would be involuntarily separated as a this section shall not be Federal employees (d) EFFECTIVE DATE.—This section shall be- result of the reorganization of the Flight for purposes of chapter 171 of title 28, United come effective 90 days after the date of the Services Unit following the outsourcing of States Code (commonly referred to as the enactment of this Act. flight service duties to a contractor; Federal Tort Claims Act). Chapter 171 of AMENDMENT NO. 2103 (B) was not eligible by October 3, 2005 for title 28, United States Code (commonly re- (Purpose: To extend the suspended service an immediate annuity under a Federal re- ferred to as the Federal Tort Claims Act) and ticket honor requirement) tirement system; and any other Federal tort liability statute shall At the appropriate place, insert the fol- (C) assuming continued Federal employ- not apply to an employee who is assigned to lowing: ment, would attain eligibility for an imme- a contractor under subsection (a). SEC. ———. EXTENSION OF REQUIREMENT FOR diate annuity under section 8336(d) or 8414(b) AIR CARRIERS TO HONOR TICKETS of title 5, United States Code, not later than AMENDMENT NO. 2173 FOR SUSPENDED AIR PASSENGER October 4, 2007. (Purpose: To require that purchase card pay- SERVICE. (2) Notwithstanding any other provision of ments to Federal contractors be subjected Section 145(c) of the Aviation and Trans- law, during the period beginning on the date to the Federal Payment Levy Program and portation Security Act (49 U.S.C. 40101 note) of enactment of this Act and ending October to require improved reporting of air travel is amended by striking ‘‘November 19, 2005.’’ 4, 2007, an employee described under para- by Federal Government employees) and inserting ‘‘November 30, 2006.’’. graph (1) may, with the approval of the Ad- On page 406, between lines 7 and 8, insert AMENDMENT NO. 2119, AS MODIFIED ministrator of the Federal Aviation Admin- the following: (Purpose: To amend section 40128(e) of title istration or the designee of the Adminis- SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS 49, United States Code, to clarify the Lake trator, accept an assignment to such con- WITH FEDERAL TAX DEBT. Mead exemption to the prohibition of com- tractor within 14 days after the date of en- The General Services Administration, in mercial air tour operations over national actment of this section. conjunction with the Financial Management parks) (3) Except as provided in subsection (c), an Service, shall develop procedures to subject On page 230, after line 22, insert the fol- employee appointed under paragraph (1)— purchase card payments to Federal contrac- lowing: (A) shall be a temporary Federal employee tors to the Federal Payment Levy Program. SEC. 109. Section 40128(e) of title 49, United for the duration of the assignment; SEC. 520. REPORTING OF AIR TRAVEL BY FED- States Code, is amended by adding at the end (B) notwithstanding such temporary sta- ERAL GOVERNMENT EMPLOYEES. the following: ‘‘For purposes of this sub- tus, shall retain previous enrollment or par- (a) ANNUAL REPORTS REQUIRED.—The Ad- section, an air tour operator flying over the ticipation in Federal employee benefits pro- ministrator of General Services shall submit Hoover Dam in the Lake Mead National grams under chapters 83, 84, 87, and 89 of title annually to the Committee on Homeland Se- Recreation Area en route to the Grand Can- 5, United States Code; and curity and Governmental Affairs of the Sen- yon National Park shall be deemed to be fly- (C) shall be considered to have not had a ate and the Committee on Government Re- ing solely as a transportation route.’’. break in service for purposes of chapters 83, form of the House of Representatives a re- Nothing in this provision shall allow ex- 84, and sections 8706(b) and 8905(b) of title 5, port on all first class and business class trav- emption from overflight rules for the Grand United States Code, except no service credit el by employees of each agency undertaken Canyon. or benefits shall be extended retroactively. at the expense of the Federal Government.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23360 CONGRESSIONAL RECORD—SENATE October 20, 2005 (b) CONTENTS.—The reports submitted pur- the IRS will soon execute with private duty are trained for rewarding new ca- suant to subsection (a) shall include, at a sector debt collection companies pro- reers in the private sector. minimum, with respect to each travel by vide a unique opportunity for the Fed- In employing the new private debt first class or business class— eral Government to stimulate creation collection provisions of the American (1) the names of each traveler; Jobs Creation Act, private collection (2) the date of travel; of well paying jobs for disabled vet- (3) the points of origination and destina- erans and other persons with disabil- agencies would be in the unique posi- tion; ities. tion of being able to provide these vet- (4) the cost of the first class or business To realize this opportunity, however, erans with well-paying and challenging class travel; and Congress must act to assure that exist- jobs. Studies in the Worker’s Com- (5) the cost difference between such travel ing Federal employment preferences pensation industry point to heightened and travel by coach class fare available for disabled veterans and Federal poli- degrees of vocational success when re- under contract with the General Services cies promoting opportunities for other turn to work efforts occur early. It is Administration or, if no contract is avail- important that our returning disabled able, the lowest coach class fare available. disabled persons are carried forward as (c) AGENCY DEFINED.—(1) Except as pro- a part of the IRS’s contracting criteria. servicemembers be reincorporated into vided in paragraph (2), in this section, the The language in the proposed amend- a stable work environment as soon as term ‘‘agency’’ has the meaning given such ment would have established a pref- possible so that they do not become de- term in section 5701(1) of title 5, United erence under the debt collection con- pressed and develop feelings of useless- States Code. tracting program for contractors who ness. (2) The term does not include any element meet certain threshold criteria relat- As the Senator has stated, some have of the intelligence community as set forth in expressed concern due to the selection or designated under section 3(4) of the Na- ing to employment of disabled veterans tional Security Act of 1947 (50 U.S.C. 401a(4)). and other disabled persons. Further- process currently underway. Therefore, more, the amendment would have re- I agree with him that it is best not to f quired that at least a specified percent- offer this language at this time. DISABLED VETERANS AND OTHER age of the individuals employed by the But notwithstanding, Senator NEL- PERSONS WITH DISABILITIES contractor to provide debt collection SON of Nebraska and I plan to work to Mr. NELSON of Nebraska. Mr. Presi- services under the contract with the find the appropriate legislative vehicle dent, I rise to enter into a colloquy IRS qualify as disabled veterans or dis- to attach language that will mandate with Senator DEWINE to discuss an abled persons. the hiring of persons with disabilities amendment that we were going to offer Some have expressed concern over prospectively. I urge my fellow Sen- on behalf of our Nation’s disabled vet- this proposed amendment because they ators to join me in supporting this ef- erans and other persons with disabil- believe this could possibly derail the fort. This is an innovative and cost-ef- ities. selection process currently underway. fective plan for increasing employment I know that we are all concerned It is not my intention to stall this of disabled veterans and other disabled about taking care of our returning process, but rather to make it better. citizens. We owe it to our service men service men and women, especially As such, I have chosen not to offer the and women to improve their futures those who were wounded in action and language at this time. But it is my in- any way we can. are now disabled, some severely. The tention to find the appropriate legisla- SETASIDE FUNDING FOR PUBLIC HOUSING amendment that was to be offered tive vehicle for language mandating AGENCIES today would have immediately in- the hiring of persons with disabilities Ms. STABENOW. Mr. President, I creased employment of the disabled prospectively. rise to engage in a colloquy with the while potentially saving taxpayer I wish to ask the Senator from Ohio chairman and ranking member of the money. to work with me on this very impor- Transportation-HUD Appropriations In October 2004, Congress enacted the tant matter. Subcommittee. There has already been American Jobs Creation Act of 2004, Mr. DEWINE. Mr. President, I am much discussion about the critical role providing for outsourcing by the IRS of happy to join my friend from Nebraska of the section 8 program in providing collection of unpaid and past due Fed- in bringing this very important issue millions of Americans with affordable, eral income taxes. The administrative to the attention of the Senate. safe housing. As my colleagues know, process for issuing contracts to quali- As my good friend has mentioned, the 2005 funding year budget is based fied private sector debt collection com- the provisions contained in the Amer- on a ‘‘snapshot’’ of verified VMS leas- panies is about to be completed. It is ican Jobs Creation Act of 2004 have cre- ing and cost data averaged for the estimated that these contracts will ated a unique opportunity to advance months of May, June, and July of 2004. create up to 4,000, well paying private the futures of returning patriots and I commend the chairman and ranking sector jobs. other persons with disabilities, while member for including a setaside of $45 If the same tax collection activities improving the fiscal outlook of our million in the Senate bill to adjust the were conducted by Federal employees, country. allocations of the housing agencies provisions of current law would give A little over a year ago, the U.S. whose snapshot did not accurately re- preferences in employment to disabled Army established the Disabled Soldiers flect the real leasing levels and costs veterans in filling those Federal jobs. Support System, or DS3, to provide its for 2004. In addition, if other persons with dis- ‘‘disabled Soldiers and their families Unfortunately, the provision as abilities were employed by the Federal with a system of advocacy and follow- drafted does not take into account re- Government in those jobs, those dis- up to provide personal support that as- duced leasing levels resulting from the abled persons would benefit from the sists them in their transition from public housing agency: One, following Federal Government’s long history of military service into the civilian com- HUD directives to not reissue turnover nondiscrimination and policies of pro- munity.’’ The program has been com- vouchers, two, accepting 1,000 or more moting job opportunities for the dis- bined with the Recovery and Employ- additional vouchers through Housing abled. By enacting legislation to im- ment Assistance Lifelines, or Conversion Actions or enhanced vouch- prove the IRS’s tax collection efforts REALifelines, initiative as a joint ers, or three, accepting assigned vouch- and placing those efforts on a sound project of the U.S. Department of ers/voucher portfolios from other pub- commercial footing by outsourcing or Labor, the Bethesda Naval Medical lic housing authorities. Without these privatizing the initiative, Congress cer- Center, and the Walter Reed Army additional criteria, many public hous- tainly did not intend to curtail the na- Medical Center. The joint effort aims ing agencies, including the Michigan tional commitment to creating mean- to create a seamless, personalized as- State Housing Development Authority, ingful job opportunities for disabled sistance network to ensure that seri- will be unfair1y denied any of the set- veterans and other persons with dis- ously wounded and injured service- aside funding that is provided under abilities. Indeed, the contracts which members who cannot return to active this bill to make them whole. I urge

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23361 the chairman and ranking member to take into account the above mentioned Columbia College Access Improvement improve this provision in conference to special needs of the U.S. District Court Act of 2002 to expand and strengthen provide for a fairer distribution of this for the District of New Mexico? the program was signed into law. More setaside funding. Mr. BOND. Mr. President, the Sen- recently, I was an original cosponsor of Mr. BOND. Mr. President, I thank the ator from New Mexico is correct. The bipartisan legislation last year to reau- distinguished Senator from Michigan U.S. Court for the District of New Mex- thorize the program. and concur with her that this is a prob- ico faces an extraordinary need for in- This unique program has enjoyed re- lem that must be addressed in con- terpreters, travel funds for judges, and markable success. District officials are ference. I will work with the Senator improved courtroom technology, and I to be commended for their efforts to from Michigan to ensure that the final ask the Administrative Office of the quickly launch and implement the pro- conference report includes a fair dis- Courts to consider these necessities in gram within a short period following tribution of this setaside funding for their allocation of fiscal year 2006 its authorization. The fact that the public housing agencies. As you know, funds. Federal funds have enabled over 8,000 we included a provision to protect the Mrs. MURRAY. I agree with the dis- District residents to achieve their use of project-based vouchers in the tinguished Senator from Missouri and dream of attending college at some in- distribution formula. request that the needs of the U.S. stitutions in 46 states is extraordinary. Mrs. MURRAY. Mr. President, I ap- Court for the District of New Mexico be Yet despite my long-standing, ongo- preciate the Senator bringing this considered by the Administrative Of- ing support for the TAG program and issue to our attention and she can be fice of the Courts. I have also been its continued viability, I do have sig- sure that her concerns will be given made aware of these concerns earlier in nificant concerns. These are not new. every consideration in conference. the year by the other Senator from First, this Program’s source of rev- Ms. STABENOW. I thank the distin- New Mexico, Mr. BINGAMAN. enue for its operation is strictly and guished chairman and ranking member Mr. DOMENICI. I thank my col- wholly a Federal contribution. There of the subcommittee. leagues for their concurrence regarding are—and have been—no non-Federal JUDICIAL RESOURCES FOR THE U.S. DISTRICT the special circumstances and require- funds invested in the Program. While COURT FOR THE DISTRICT OF NEW MEXICO ments of the U.S. District Court for the the Mayor can be proud of how much it Mr. DOMENICI. Mr. President, I rise District of New Mexico. I also thank has accomplished in the past six years, to speak on the pending Transpor- the chairman for his willingness to at- there is no demonstrated financial tation, Treasury, Judiciary and HUD tempt to address this issue in con- commitment to it on the part of the Appropriations bill for fiscal year 2006. ference. local District government. I would like to discuss the special FEDERAL FUNDS FOR DISTRICT OF COLUMBIA Secondly, in the past 2 fiscal years, needs of the U.S. District Court for the RESIDENT TUITION ASSISTANCE this program has enjoyed a significant District of New Mexico due to its dis- Mr. DURBIN. Mr. President, I would boost in annual funding. In FY 2005, the proportionately heavy caseload. like to speak briefly about a particular President requested $17 million, the I thank the distinguished chairman Federal funding provision in the appro- equivalent level Congress provided in of the Transportation, Treasury, Judi- priations measure for the District of each of the previous five years. How- ciary and HUD Appropriations Sub- Columbia, which has been fully incor- ever, the District sought $25.6 million. committee, Senator BOND, and the dis- porated as part of this bill. The bill The fact that the District at the time tinguished ranking member, Senator provides $33.2 million in Federal funds appeared to also have some $9 million MURRAY, for their willingness to ad- for the District of Columbia Resident in unspent reserve funds prompted me dress the difficulties faced by courts on Tuition Assistance Program, also to amend the Senate bill in committee the United States-Mexico Border due known as DC TAG. to provide for $21.2 million, with a di- to lack of resources. This issue is one The District of Columbia Resident rective that the District use the re- of great importance to the citizens of Tuition Assistance Program provides serve funds to fully fund the program New Mexico. funds which allow eligible District stu- in fiscal year 2005 and work with the The District Courts along the United dents to attend out-of-State public col- Senate and House authorizing and ap- States-Mexico border face particularly leges and universities at in-State tui- propriations Committees to develop a pressing needs as they must deal with tion rates. It also provides stipends for plan involving Federal/non-Federal many immigration issues in addition District students to attend private His- cost sharing for DC TAG for future fis- to the typical cases filed in federal torically Black Colleges and Univer- cal years. The conference ultimately court. For example, for the 12-month sities, HBCUs, across the country and approved the full $25.6 million. period ending September 30, 2004, 364 private colleges in the District of Co- Now this year, the proposed funding felony cases per judge were filed in the lumbia metropolitan region. level for fiscal year 2006 of $33.2 million District of New Mexico, compared to I have had a long-standing interest in represents a 30 percent increase over the national average of 88 cases per this program. I recall a meeting in my the $25.6 million allowed for fiscal year judge. The Las Cruces, NM division, office in early 1999 with Donald Gra- 2005, which itself represented a 52 per- which deals with a significant number ham of The Washington Post. He was cent hike over the $17 million appro- of Spanish speakers, currently has only spearheading an effort to involve the priated for fiscal year 2004. In response one staff interpreter to support five Congress in creating and funding a pro- to questions I raised seeking further judges and magistrates. District judges gram to work in tandem with a suc- explanation and justification for this from across the state travel to Las cessful program that local business increase, Mayor Anthony Williams sent Cruces weekly to help manage the leaders established in the local schools me his written assurance that ‘‘the last over-crowded docket in the southern to provide guidance to students explor- two years’ requests for significant ap- part of the State, so they need addi- ing post-secondary educational oppor- propriations increase will not occur tional travel funds. Finally, courtroom tunities. I was impressed with the con- again.’’ I ask unaminous consent that a technology, such as video conferencing cept and pledged to help get it done. copy of the Mayor’s letter of July 20, equipment, is needed to allow judges to As ranking member of the District of 2005 be printed in the RECORD following hear motions without traveling across Columbia oversight subcommittee, I my remarks. the State. worked closely with Senator VOINOVICH The PRESIDING OFFICER. Without May I inquire of the distinguished in shepherding through to enactment objection, it is so ordered. chairman if it is the intention of the the legislation that initially estab- (See exhibit 1) subcommittee to encourage the Admin- lished this program, the District of Co- Mr. DURBIN. Mr. President, I also istrative Office of the Courts, as they lumbia College Access Act of 1999. Then note that 2 years ago, the Congress di- prepare their funding formula for the as subcommittee chairman in 2001, I rected the Government Accountability distribution of fiscal year 2006 funds, to worked to ensure that the District of Office to evaluate the DC TAG program

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23362 CONGRESSIONAL RECORD—SENATE October 20, 2005 to determine whether adequate con- years’ requests for significant appropriations As a unique program, tailored to the trols are in place to protect the Fed- increase will not occur again. These in- needs of the District, we also must en- eral interest, such as those pertaining creases were largely the result of two fac- sure the program is meeting the goals to student eligibility, cash manage- tors: 1) the program’s annual carryover is set out by the Congress and the needs virtually depleted meaning that we must re- ment, and administrative expenses, as quest the actual operating costs (rather than of the community. We understand the well as assess relevant performance relying, in part, on carryover surpluses) and GAO has found that several manage- and demographic information. 2) the program has been adding entire classes ment and financial controls are lack- I understand that the GAO’s work on of students during its implementation phase ing. Because we have limited resources this mandated study may be in its final (and we no longer will be adding new cohorts every program must be responsive to stages, and that a written report is an- or categories of newly eligible persons.) the community and operate in an ac- ticipated soon. To the extent that GAO As Mayor, I am committed to undertaking countable and rigorous manner. I am identifies any particular concerns measures to reduce the current cost projec- encouraged by the recent management tions in FY 07 and beyond, including: Negoti- which may put the DC TAG program ating tuition decreases based upon volume of improvements Mayor Williams has and the Federal taxpayer dollars it re- students; aligning program requirements in made, but as Senator DURBIN noted, ceives at risk, I would urge that in re- line with those of the U.S. Department of there is still work to be done. sponse, the Mayor take immediate Education; and revising maximum award I appreciate Senator DURBIN raising steps to promptly correct any identi- calculations based on type of school. these important concerns to Chairman fied weaknesses in the operations and Program officials have already discussed BROWNBACK and me. I will work with financial management of the program, these scenarios with the authorizers and the other conferees to ensure that and advise the Congress of the Dis- after appropriate consultation with you and others, we will begin to implement a range of funding for the TAG program meets trict’s plans and outcomes. cost containment measures. Attached is a the current need in the community, Additionally, to the extent that the copy of my testimony last month before the and that proper controls are in place GAO findings and recommendations are DC appropriations subcommittee which reit- for strict management of these funds. available in advance of the conference erates this commitment. In addition, I welcome an opportunity on this bill, I would recommend that I once again thank you for support of the for the Committee to examine the TAG the conference agreement include ex- DCTAG program. This program has had a de- program in our hearings next spring. I plicit directives to the Mayor and monstrable impact on the quality of life for hope we are able to collaborate with thousands of District families, Were it not other appropriate District officials to the authorization committee so we address the GAO findings in order to for this program, the dream of a college edu- cation would not be a reality for many of may continue to manage and fund this help bolster the future fiscal manage- these families. My staff and I are eager to program to generate the best benefit ment of this program without inordi- continue our partnership with you and your for all DC students attending college. nate delay. staff in the management of this program to Senator DURBIN, I thank you for Furthermore, it would be prudent, the benefit of the citizens of the District of bringing these recommendations to our prior to our consideration of the FY Columbia. attention. 2007 funding request for this program, Sincerely, Mr. GREGG. Mr. President, the pend- that the District of Columbia appro- ANTHONY A. WILLIAMS, ing Departments of Transportation, priations subcommittee conduct a Mayor. Treasury, HUD, the Judiciary and Re- comprehensive oversight hearing on Ms. LANDRIEU. Mr. President, I like lated Agencies appropriations bill for the DC TAG program. This could pro- to thank the Senator from Illinois, Mr. fiscal year 2006, H.R. 3058, as reported vide a forum to not only showcase the DURBIN, for his concerted oversight of by the Senate Committee on Appro- program’s accomplishments and the DC Tuition Assistance Grant Pro- priations provides $84.806 billion in strengths, but to identify any weak- gram. This program is an important as- budget authority and $141.037 billion in nesses in the fiscal operations, program pect of Congress’s investment in edu- outlays in fiscal year 2006. Of these to- policies, and managerial structure cational opportunities for DC students. tals, $18.987 billion in budget authority which affect the efficient and effective I appreciate Senator DURBIN’s insight and $18.973 billion in outlays are for use of Federal funds. It may afford an into the management of the program mandatory programs in fiscal year opportunity to collaborate with the au- as he brings to our appropriations sub- 2006. thorizing committee to ensure that committee on the District the perspec- any necessary legislative and adminis- tive of the authorizing committee on The bill provides total discretionary trative reforms can be instituted. Any which he served as well. budget authority in fiscal yer 2006 of efforts we can take to improve this As Senator DURBIN noted, Congress $65.819 billion. This amount is $5.689 program as it matures and continues to engaged the Government Account- billion more than the President’s re- benefit District residents in their edu- ability Office to conduct a comprehen- quest, equal to the 302(b) allocations cational pursuits will be time well sive review of the Tuition Assistance adopted by the Senate and $47 million spent. Grant Program—TAG—in 2004. We un- less than fiscal year 2005 enacted lev- els. This legislation is also equal to the EXHIBIT 1 derstand this report is forthcoming and 302(b) outlay allocation. JULY 20, 2005. are eager to review these findings with Hon. RICHARD J. DURBIN, our colleagues. This unique program For the information of my col- Subcommittee on the District of Columbia, Sen- was created to fit the unique need that leagues, I must note that this legisla- ate Committee on Appropriations, Dirksen the District of Columbia does not have tion contains several provisions that Senate Office Building, Washington, DC. a public university system similar to will result in spending in 2007 and sub- DEAR SENATOR DURBIN: I would like to states across the country. TAG sup- sequent years. I must inform my col- thank you for your long history of support ports the opportunity for DC students leagues that the provisions creating for the District of Columbia Tuition Assist- these advance appropriations would be ance Grant Program (DCTAG). As a result of to have choices to further their edu- your leadership for both the authorization cation in small or large universities subject to a budget point of order and significant appropriations for this most around the country. The program has under section 401(b) of the 2006 budget beneficial program, DCTAG has helped more been lauded as a significant tool for in- resolution. It is my hope that these than 8,000 students throughout the District creasing college attendance, but I am problems can be addressed by the bill of Columbia attend college. particularly interested to learn from managers so that we will not have to The program’s success has necessarily and the GAO the college graduation rates consider points of order against this predictably resulted in rising costs and I ac- of TAG recipients. This, and answers bill. knowledge your concerns about the rate of growth in program costs over the last two many other questions, will enable the Mr. President, I ask unanimous con- years. Moreover, I acknowledge your con- authorizers and appropriators to con- sent that a table displaying the Budget cerns about our current out-year cost projec- tinually examine this program for per- Committee scoring of the bill be in- tions. I can assure you that the last two formance. serted in the RECORD.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23363 There being no objection, the mate- surpassing the reorganizations of K- China’s International Monetary Fund rial was ordered to be printed in the Mart and Worldcom. and World Trade Organization member- RECORD, as follows: The Delphi bankruptcy should serve ship. as a wake up call to the Congress and Some economists have calculated H.R. 3058, 2006 TRANSPORTATION, TREASURY, JUDICIARY, the administration that we can no that this price differential may amount AND HUD APPROPRIATIONS—SPENDING COMPARI- longer tolerate unfair trade practices. to as much as 40 percent. It is simply SONS—SENATE-REPORTED BILL Unless we put a stop to them, our eco- devastating our manufacturers in [Fiscal Year 2006, $ millions] nomic spiral downward will continue Michigan and it is costing us jobs ev- and the American middle class way of eryday. General purpose Mandatory Total life will be in jeopardy. In July, China announced that it In Michigan, we are experts at many would stop pegging its currency, but Senate-reported bill: Budget authority ...... 65,819 18,987 84,806 things, but we excel at making things after rising 2 percent on July 21, the Outlays ...... 122,064 18,973 141,037 and growing things. yuan has barely budged. Senate 302(b) allocation: Budget authority ...... 65,819 18,987 84,806 Whether it is cars or office furniture, This is an unacceptable situation Outlays ...... 122,064 18,973 141,037 apples or cherries, we lead the way in that calls for immediate action. 2005 Enacted: Budget authority ...... 65,866 18,580 84,446 manufacturing innovation and effi- I think it is important to note, Outlays ...... 116,866 18,532 135,398 ciency. though, this is not just a China prob- President’s request: Budget authority ...... 60,130 18,987 79,117 And manufacturing jobs are the life lem. This is a pan-Asian problem that Outlays ...... 119,218 18,973 138,191 blood of almost every community in includes Japan among the offenders. House-passed bill: 1 Budget authority ...... 66,934 18,987 85,921 Michigan. Unfortunately, currency manipula- Outlays ...... 120,949 18,973 139,922 Even though Michigan has growing, tion is not the only illegal trade prac- Senate-Reported Bill Compared cutting-edge industries, such as bio- tice we need to address. To: technology and nanotechnology, it still Chinese counterfeiting and Intellec- Senate 302(b) allocation: Budget authority...... 0 0 0 has one of the highest unemployment tual property theft are enormous prob- Outlays ...... 0 0 0 rates in the country because of our lems for manufacturing in my home 2005 Enacted: Budget authority ...... ¥47 407 360 troubled manufacturing sector. State of Michigan. Outlays ...... 5,198 441 5,639 Our current economy is moving Let me give two examples of the President’s request: Budget authority ...... 5,689 0 5,689 through a period of great uncertainty. problem that we in Michigan currently Outlays ...... 2,846 0 2,846 It would be easy to blame this on a par- face with regard to this unfair competi- 1 House and Senate bills having different jurisdictions. ticularly bad business cycle—a busi- tion. Note: Details may not add to totals due to rounding. Totals adjusted for ness cycle that will eventually correct Counterfeit automotive products not consistency with scorekeeping conventions. itself. But, to do so would require us to only kill American jobs, they have the Ms. STABENOW. Mr. President, I overlook a very real threat to our potential to kill American families— rise today in support of the Transpor- economy and our way of life. when shoddy counterfeit automotive tation/Treasury/HUD appropriations That threat is the lack of a level products replace legitimate ones of bill and my trade amendment that was playing field for American businesses higher-quality our manufacturers lose, adopted by unanimous consent this and workers in the global marketplace. and our consumers are put at risk. morning. This amendment will send a As my colleagues know, China cur- The Federal Trade Commission esti- strong signal to our major Asian trad- rently exports to the United States mates that the automotive parts and ing partners that we are no longer some $160 billion more than it takes in. components industry loses an esti- going to tolerate their trade violations A significant portion of this deficit is mated $12 billion annually in sales on a that are costing us jobs here at home— driven by consumer demand here in the global basis to counterfeiting. especially in my State of Michigan. United States, but a shockingly large It is estimated that if these losses As my colleagues may know, Treas- portion of it is due to illegal trade were eliminated, and those sales were ury Secretary Snow has been traveling practices, namely currency manipula- brought into legitimate companies, the in China for the last week to advance a tion, counterfeiting and the theft of in- automotive industry could hire 200,000 trip that President Bush is taking to tellectual property. additional workers. China and Japan in November. Unfor- Since 1995 China has pegged its cur- And we don’t even keep statistics on tunately, he seems to be making little rency and has not allowed it to ‘‘float.’’ the potential loss of life—when shoddy progress in our attempt to get China to The impact of this illegal action is counterfeit auto parts fail and cause stop its illegal trade practices like cur- clear. It gives a distinct advantage to car accidents. rency manipulation. Chinese companies that export into the We should understand that, if left un- The President’s upcoming trip could United States and diminishes our abil- checked, penetration by counterfeit not come at a more important time. ity to export to the Chinese market— automotive products, as well as other Currently, Chinese and Japanese trade therefore, China is effectively giving manufactured goods, has the potential policies are literally destroying U.S. its exporters an exchange rate subsidy. to undermine the public’s confidence industries, costing us jobs and hurting This manipulation increases the and trust in what they are buying. We our middle-class families. price of our goods while making their can’t let that happen. In order to help President Bush as he goods appear cheaper here at home. The second example I want to share pushes China and Japan to stop their For example, a mid-sized American involves a small manufacturer located currency manipulation, to crack down car sold in China or Japan is $2,000 in western Michigan. on the counterfeiting of American more expensive than it should be be- Peter Perez is the president of Carter manufactured goods, and to cease the cause of currency manipulation. This Products Company located in Grand pirating of intellectual property, I be- really hurts our automobile industry. Rapids. He is also the national presi- lieve the Senate should go on record to Earlier this year, I spoke with em- dent of the Wood Machinery Manufac- show that our Government is united in ployees of a large auto parts supplier turers of America. opposition to these illegal trade prac- who told me they had recently lost a Carter Products employs 15 people tices. parts contract to a Chinese company and holds numerous patents—one of Just last week, Delphi, our Nation’s despite the fact that they were the low- which belongs to this small piece of largest auto parts supplier, declared est bidder. equipment—the Carter Stabilizer bankruptcy, threatening 15,000 jobs in The reason: when you factored in the Guide. Michigan and more than 33,000 across impact of the artificially low yuan, the It is used to support a band saw blade the country. Chinese company had a cheaper bid. in such a way as to allow for a wood In terms of assets, this bankruptcy is As we all know, such currency ma- worker to make nearly any type of an- the largest ever in the United States, nipulation is illegal under the terms of gled cut.

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Shortly after introducing the Sta- bound by a trigger lock. In effect, the ators THUNE and COLLINS, in support of bilizer—the product, its installation in- House amendment would repeal the DC an amendment to the Transportation, structions, and instruction photos were Government’s longstanding ban on fire- Treasury and Housing and Urban De- copied by a Chinese company and re- arms and would be a disastrous blow to velopment appropriations bill. I would sold into the American market. gun safety in the District. For almost like to commend the managers on both Under normal circumstances, the three decades, DC’s ban on handguns sides of the aisle for their efforts to Stabilizer would cost a retail customer and assault weapons bans have helped shepherd along this extremely vital about $70. The pirated product was reduce the risk of deadly handgun vio- legislation to passage in the Senate. being sold for less than $10—which is lence. City residents and public offi- They have shown a great eagerness to far below the cost of the raw materials cials overwhelmingly support the ban, work with Senators to improve the necessary to create the product. and the courts have upheld it. Rep- overall legislation, and have done so in Carter Products had to launch a case resentative ELEANOR HOLMES NORTON, a sincerely bipartisan way that is so at its own expense to stop this illegal Mayor Anthony Williams, and Police rarely seen in the Senate nowadays. trade violation. After spending more Chief Charles Ramsey all strongly op- This amendment will offer some than $20,000 the company was able to pose the House amendment. small measure of protection to employ- keep the illegal product out of the U.S. Mayor Williams has called this effort ees at our flight service stations scat- market by stopping its distribution in to repeal the city’s gun ban ‘‘a slap in tered across the country. In Bangor, markets covered by the company’s pat- the face.’’ Chief Ramsey has said that a ME, our flight service station, highly ents. repeal of DC’s gun ban would have a skilled workers decipher flight plans But what company can ever be sure ‘‘scary’’ impact. Without question, and help pilots navigate the tricky that they have achieved victory more guns mean more violence. More summer fog of coastal Maine and the against this type of illegal behavior if than half of the robberies and 20 per- constantly changing winter weather. the country of origin—in this case cent of the aggravated assaults in the As many of you know, our Nation’s China—is not going to abide by their city are committed with a firearm. In flight service stations have been con- obligations under the WTO? 2004, nearly 80 percent of District homi- tracted to Lockheed-Martin. While Second only to our human resources, cides were committed with firearms. some may dispute the wisdom of such a intellectual property is our Nation’s The youngest victim was only 7 years decision, I do not come to the floor to most valuable asset. As the United old. discuss that issue. I do, however, wish States freely trades with the world’s It is difficult to understand how to prevent unforeseen and serious dam- nations, we are discovering new oppor- weaker gun safety laws will make resi- age to the financial future of many of tunities and new challenges. dents and visitors safer. This effort by our employees who have so diligently International rules and institutions Congress to prevent the enforcement of and skillfully protected our pilots and have been set up to protect intellectual the DC gun laws will only serve to in- aviators for so many years. property, but China falls short when it crease the number of homicides, sui- Hundreds of flight service station comes to following those rules and cides and accidental shootings. Greater employees who are years, months, or in keeping their commitments. availability of firearms will make it some cases weeks away from a well-de- They are seeking to gain an advan- more likely that deadly handgun vio- served retirement would be, if not pro- tage over American companies and lence will erupt in public buildings, of- tected, stripped of their Federal pen- American workers by breaking the fices, and public spaces. Over 20 million sions and benefits as the stations are rules. In April, I proposed bipartisan visitors come to Washington each year, transferred over to Lockheed-Martin. legislation to strengthen our Govern- and this amendment puts the safety of The aerospace company has operated in ment’s ability to protect the rights of all of them at needless risk. good faith, there can be no disputing American companies and American The amendment is also an attack that, but many of these individuals workers in world markets; that in- upon the well-established principle of have been counting the days until their cludes protection of our intellectual home rule for the District. It tramples retirement, complete with the Federal property rights. The Chief Trade Pros- the rights of the city’s elected leaders benefits they have so rightly earned. ecutor Act should be passed into law and local residents to govern their To take those away from them, with immediately so we may defend our homes, streets, neighborhoods, and but a few weeks to spare, is quite obvi- companies and workers from those who workplaces. It is an insult to the 600,000 ously cruel and uncalled for. seek to gain an advantage by breaking citizens of the District of Columbia. This amendment would allow those the rules. Statistics show that crime preven- workers who are eligible for retirement It is time to send a message to the tion is working in the District. Crime in 2 years or less to remain on the Fed- Chinese and Japanese governments. It decreased 18 percent last year and eral Aviation Administration’s payroll, is time to say we are fed up and we will homicides went down 17 percent. In the to retire at the end of those 2 years, not take it anymore. Let’s give them a first 5 months of 2005, the Metropolitan and receive the Federal retirement shot across the bow. Let’s make it loud Police Department confiscated more benefits they have worked so long to and clear that they will have to change than 1,000 firearms on city streets. earn. This cost will be offset by reduc- now—not later—or we will take real Only a tiny percentage of recovered ing the payout of the contract to Lock- action against them. firearms are registered in the District. heed-Martin. Workers across the country are los- The city continues to face serious con- For years, pilots have been clamoring ing their job. For their sake and for cerns about firearms illegally brought for better technology in our flight serv- those who are clinging to their jobs, into the city from other jurisdictions, ice stations, and Lockheed will do an let’s stand up to the Chinese and Japa- and the House amendment would un- excellent job providing that. What will nese governments and stand up for our fairly limit the ability of DC officials be missing will be the local knowledge working families. to combat this problem. and eyes on the ground that those same Mr. KENNEDY. Mr. President, as this Congress should respect the public pilots have come to rely on. This bill now moves to conference with the safety efforts of this city’s leaders and amendment, in its own small way, at- House, I strongly urge our Senate con- let the District decide what firearm tempts to honor those individuals who ferees to reject an unfortunate amend- regulations are best for its citizens. I have proven so reliable over the years. ment adopted by the House prohibiting urge my colleagues to oppose this reck- I urge my colleagues to support this the allocation of any funds for the Dis- less, special-interest amendment that very simple amendment, and would trict of Columbia to enforce its fire- will endanger the safety of all who live like to thank Senators COLLINS, THUNE, arms registration law and its require- or work or visit here. JOHNSON, SANTORUM, and SPECTER for ment for DC residents to keep their Ms. SNOWE. Mr. President, I rise their steadfast efforts on this amend- firearms unloaded and disassembled, or today, along with my colleagues Sen- ment as well.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23365 Mr. OBAMA. Mr. President, I am are either paying too much of their in- leged, elderly, and handicapped. Again, proud to cosponsor the amendment come on housing—and too little on it is a disaster that will threaten lives that Senators LEAHY, COLEMAN, SAR- food and healthcare—or they are join- and drive people into bankruptcy. But BANES, GRAHAM and REED have offered ing the ranks of the more than 8 per- this time Congress can take action to to protect funding for three programs cent of Illinoisans who have experi- avoid this disaster. The question is will critical to working families and low-in- enced homelessness at some point in we act? come communities: the Community their lives. This situation is unaccept- Today the approaching disaster is Development Block Grant, the Section able, and this amendment begins to ad- not a hurricane but high energy prices. 8 Voucher Program, and the Public dress it. Estimates are that the costs of heating Housing Operating and Capital Funds. The amendment also shores up fund- the average home with natural gas will These programs expand opportunities ing for the Public Housing Operating skyrocket 70 percent over last year in to home ownership for working class and Capital Funds. Millions of Ameri- the Midwest. This is on top of the dou- families and help communities across cans call public housing ‘‘home,’’ and ble-digit increases between 2003 and the country pursue growth that devel- more than 62 percent of public housing 2004. Utility companies in the State of ops poor communities without pushing residents are families with children or Wisconsin believe that the homeowners out the poor themselves. elderly households. The operating fund will face heating bills in my State that Let me talk about how each of these helps these residents by making money are 40 percent higher than last year. programs supports communities of available for building maintenance, For working families, these dramatic hope and opportunity. utilities, and the salaries of Public increases come on top of several The Community Development Block Housing Authority employees. And the months of increasing prices at the gas Grant, CDBG, program makes it pos- capital fund is a critical tool for main- pump. sible for our communities to improve taining housing infrastructure. It helps These high prices will force many to make difficult choices about how to their infrastructure, develop new busi- local housing authorities modernize, spend their money, which bills to pay, nesses, provide important social serv- rehabilitate or replace aging units, and which to avoid. For many, the ices, and rehabilitate homes—all of thereby assuring that families live in thermostat will be turned down to dan- which translates into expanded oppor- safe homes. gerous levels, prescriptions will go un- tunity for people. Communities and families across my filled, and groceries will not be bought. This year, Illinois will receive more State, and indeed across the country, For many elderly folks, the choice to than $196 million in CDBG funds. The depend on these programs to help them stay warm will be dangerous, even State-level CDBG program alone has move forward. As housing stock and in- fatal. Many disabled Americans will invested more than $33 million in frastructure continues to age, and endanger their own health in an effort projects around the State. As a result, voucher waiting lists continue to grow, to keep their bills low. 66,000 of my constituents received im- we cannot afford to take money away The Federal Low-Income Home Heat- proved water, sanitary and storm from the working class folks who need ing Assistance, or LIHEAP, can help water systems; small businesses were it most. I urge my colleagues to sup- make some of these choices easier. assisted in creating or retaining more port this amendment. LIHEAP is an extremely effective pro- than 1,000 jobs; and 313 homes in 27 Mr. GRAHAM. Mr. President, I am gram that allows low-income people communities were rehabilitated to ad- expressing my support of an amend- around the country to avoid being de- dress health and safety issues. ment to provide additional funding for linquent on their heating bills. The Cities throughout Illinois also lever- the Community Development Block problem is that there has not been a age CDBG funds for 2,500 affordable Grants, CDBG, Program. significant increase in the funding of housing units, economic development I share the concerns of many of my this program for many years, and now in 70 communities, job training and colleagues that some government pro- the rising prices have made the current placement for nearly 900 low-income grams are overreaching and duplica- funding levels unacceptably low. In residents, and health care services for tive. I remain committed to goals of past years LIHEAP has only been able more than 235,000 people. limiting the size and scope of the Fed- to help roughly 17 percent of the eligi- And beyond being good policy, these eral Government, but as we fulfill this ble households, but now with rapidly programs are fiscally responsible. For mission, Congress must work to ensure rising prices the $2 billion in funding the State-level CDBG program, every that we continue to support programs will not even be able to meet that dollar invested in Illinois infrastruc- that truly serve the needs of our con- level. ture and housing yielded over three ad- stituents. Adding $3.1 billion to LIHEAP will ditional dollars in other private or pub- CDBG grants have benefited almost allow us to head off this impending ca- lic investment. That translates into 130,000 people in South Carolina alone. tastrophe. I have voted for this amend- $109 million in additional dollars for Further, over ten thousand jobs have ment before, and I am glad to have the communities across Illinois. If only all been created through CDBG projects. opportunity to support it again today. government investments could yield The CDBG program is one of HUD’s This money is absolutely necessary to that kind of return. most successful programs. It should be keep my constituents safe and warm The other economic development held up as an example of local commu- through the long Wisconsin winter. programs this amendment would pro- nities, coordinating with their state, to Without this money more working tect are funding for the Section 8 using Federal dollars to foster growth class people in my State will face high Voucher Program and the Public Hous- and encourage citizen participation. utility bills this winter and utility ing Operating and Capital Funds. These In listening to community leaders shutoffs come spring. Until Congress two programs form the foundation of across the state of South Carolina, the and the administration can figure out housing support in this country for CDBG program gives them flexibility some way to bring energy prices down, low-income individuals and families. to execute plans that accurately ad- relieving the pressure on low-income Over a million households in Illinois dress their situational needs, which in Americans should be a top priority. spend more than 30 percent of their in- turn pay great dividends for the com- Mr. KERRY. Mr. President, families come on rent. The Section 8 program munity. To put it simply, the CDBG all over this country are going to pay addresses this problem by making more program works and I am a proud to be more to heat their homes this winter than 76,000 Housing Choice Vouchers an original cosponsor of this amend- than they ever have before. The aver- available to Illinois residents each ment. age heating bill may climb more than year. But that still leaves 56,000 house- Mr. KOHL. Mr. President, we are $600, and that comes on top of a record holds in Illinois on Section 8 waiting staring at an approaching disaster. increase last winter. This is going to be lists, and the lists are getting longer. Again, we face a disaster that will one of the most expensive winters on Families waiting on Section 8 vouchers largely affect the poor, underprivi- record.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23366 CONGRESSIONAL RECORD—SENATE October 20, 2005 Last week, the Energy Information winter heating costs ‘‘a sleeper issue.’’ has not happened. According to the Na- Administration, EIA, released its Well, it is time the White House wakes tional Consumer Law Center’s report Short-Term Energy Outlook. The re- up. entitled, ‘‘Corporate Welfare for the port shows that families—particularly I urge my colleagues to vote in favor RAL Industry: The Debt Indicator, IRS low-income families and seniors—are of the bipartisan Reed-Collins-Kerry Subsidy, and Tax Fraud,’’ prices for facing an increasingly more expensive amendment and ensure the total $5.1 RALs dipped in 2000, but since then heating season. According to the EIA, billion in emergency funding is avail- have gone up beyond pre-debt indicator this winter, residential space-heating able for LIHEAP. levels. The report also points out that expenditures are projected to increase Mr. AKAKA. Mr. President, I origi- the ‘‘main effect of the debt indicator for all fuel types compared to last year. nally filed an amendment that would appears to be, not in lowering RAL On average, households heating pri- prohibit the use of funds within this fees, but in higher RAL profits.’’ marily with natural gas are expected appropriations bill for the Debt Indi- The NCLC report also indicates that to spend about $350—48 percent—more cator program. The Debt Indicator pro- the reinstatement of the debt indicator this winter in fuel expenditures. House- gram is an acknowledgment from the ‘‘generates more fraud related to holds heating primarily with heating Internal Revenue Service, IRS, to tax RALs, which the IRS must spend en- oil are expected to pay $378—32 per- preparers stating whether the tax- forcement dollars to address.’’ cent—more this winter. Households payer’s refund will be paid or inter- heating primarily with propane can ex- cepted for Government debts. I con- The debt indicator serves only to fa- pect to pay $325—30 percent—more this tinue to be outraged that the IRS pro- cilitate the exploitation of taxpayers. winter. If our weather is colder than vides the service of the Debt Indicator The reinstatement of the debt indi- usual, expenditures will be signifi- program to predatory refund anticipa- cator has not helped consumers to ac- cantly higher. tion loan, RAL, originators while cut- cess cheaper RALs nor has it reduced Millions of families who simply need ting essential services to low-income RAL related fraud. If the debt indi- to heat their homes are going to face taxpayers. cator is removed, then the loans be- prices they cannot afford. They will The Earned Income Tax Credit, EITC, come riskier and the tax preparers may choose between medicine, food, and is a refundable Federal income tax not aggressively market them among warmth. It is a tough choice to make. credit that is of great benefit to low-in- EITC filers. The IRS should not be aid- The National Energy Assistance Direc- come working individuals and families. ing efforts that take the earned bene- tors’ Association, NEADA, just found Many taxpayers who earn the EITC re- fits away from low-income families. ceive their tax refunds through preda- that 32 percent of families sacrificed RALs are extremely short term loans tory RALs. The excessive interest rates medical care; 24 percent failed to make that unnecessarily diminish the EITC. and fees charged on RALs are not justi- a rent or mortgage payment; and 20 There are alternatives to speeding up fied because of the short duration of percent went without food for at least refunds such as filing electronically or these loans and the minimal risk of re- a day. having the refund directly deposited payment that they present. The IRS We must act now. into a bank or credit union account. Just 2 weeks ago, I offered a bipar- Debt Indicator program further reduces Using these methods, taxpayers can re- tisan amendment with more than 20 co- risk by assuring RAL lenders that the ceive their returns in about 7 to 10 days sponsors to fully fund the LIHEAP pro- taxpayer’s refund be issued and thus without paying the high fees associated gram at $5.1 billion. The amendment the loan will be repaid. The EITC was with RALs. had support from across the country. It diminished by an estimated $1.75 bil- was endorsed by community groups, lion in 1999. I am concerned about the Instead of offering my amendment to Governors, and national organizations, aggressive marketing of RALs in low- prevent the use of funds for the DI, I such as the AARP, which knows rising income neighborhoods where EITC re- chose to modify my amendment to energy prices are especially tough on cipients often live. These loans take have the Internal Revenue Service, seniors living on a fixed income. And money away from the day-to-day needs along with the National Taxpayer Ad- the amount of funding we are seeking of lower-income families. vocate, study the use of the debt indi- is equal to the amount authorized in RALs carry little risk because the cator, the debt collection offset prac- the Energy bill the President has Debt Indicator program informs the tice, and recommendations that could signed into law. That amendment got lender whether or not an applicant reduce the amount of time required to 50 votes, enough to win, but in the end owes Federal, State taxes, child sup- deliver tax refunds. In addition, the re- it was defeated on procedural grounds. port, student loans, or other govern- port shall study whether the debt indi- Senators REED, COLLINS, KENNEDY, ment obligations. This service assists cator facilitates the use of RALs, myself and others are back again this the tax preparer in ascertaining appli- evaluate alternatives to RALs, and ex- week offering the amendment to the cant ability to obtain their full refund. amine the feasibility of debit cards Transportation appropriations bill. I In 1995, the use of the debt indicator being used to distribute refunds. understand that the leadership can was suspended because of massive fraud I look forward to reviewing the re- block this amendment procedurally in e-filed returns with RALs. This sus- sults of the study. I welcome the oppor- like they did before. I hope they do not. pension caused RAL participation to tunity to work with the Internal Rev- It is bipartisan. It is not our preference decline. RAL prices were expected go enue Service, the National Taxpayer to attach it to the Transportation ap- down as a result of the reinstatement Advocate, and my colleagues to reduce propriations bill, but it is our only op- of the debt indicator in 1999. However, the use of RALs and to expand access tion for now. this has not occurred. The debt indi- to alternative methods of obtaining I do not want this issue to be polit- cator should once again be stopped. timely tax refunds. I want to thank ical. And so it bothered me when I read The IRS should not be facilitating Senator BOND and Senator MURRAY for this week that the White House, which these predatory loans that allow tax working with me to incorporate this has opposed more funding for LIHEAP, preparers to reap outrageous profits by language into the legislation and hope is worried not about high energy prices exploiting working families. it will be maintained in the conference but about the politics of high energy H & R Block Chief Executive Officer report through conference negotiations prices. To the White House this is a po- Frank L. Salizzoni remarked, upon the with the other body. litical problem—not a problem for reinstatement of the debt indicator, working families, seniors, the disabled, that it ‘‘is good news for many of our I ask unanimous consent to print the and millions of others who will need clients who opt to receive the amount above-referenced report in the RECORD. help during this cold winter. A Repub- of their refund through RALs. The IRS There being no objection, the mate- lican strategist who works closely with program will likely result in substan- rial was ordered to be printed in the the White House has reportedly called tially lower fees for this service.’’ This RECORD, as follows:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23367 [From the National Consumer Law Center, RALs had risen to 9.5 million. After the ter- The elimination of the debt indicator in June, 2005] mination of the debt indicator, RAL volume 1995 significantly lowered RAL approval CORPORATE WELFARE FOR THE RAL INDUSTRY: dropped and by 1999, the number of RALs had rates. The approval rate for Beneficial THE DEBT INDICATOR, IRS SUBSIDY, AND fallen to 6 million. When the debt indicator (which became Household) dropped from 92 TAX FRAUD was reinstated effective the 2000 tax season, percent to 78 percent. This 78 percent rate in- the number of RALs rose sharply to 10.8 mil- cludes partial approvals; the approval rate (BY CHI CHI WU) lion. The number of RALs continued to in- for a RAL of the taxpayer’s full refund was EXECUTIVE SUMMARY crease to 12.1 million in 2001 and 12.7 million only 40–50 percent. Banc One’s approval rate The debt indicator is an acknowledgement in 2002. for RALs also dropped by 25–30 percent. Even from the IRS telling tax preparers whether a Data from individual companies in the with the decrease in approval rates, Bene- taxpayer’s refund will be paid versus inter- RAL industry showed similar trends. In 1994, ficial ended up with significant losses on cepted for government debts. The debt indi- the nation’s largest commercial preparation RALs in 1995. cator has proven to be a substantial benefit chain, H&R Block, processed 5.5 million RAL With the reinstatement of the debt indi- to the refund anticipation loan (RAL) indus- applications. After the debt indicator was cator, RAL approval rates appear to be back try, as it about doubles the number of RALs eliminated, that number dropped to less than around 90 percent. Thus, the debt indicator made by the industry. half, 2.35 million in 1995. By 1999, that num- helps increase RAL approval rates and RAL The debt indicator has helped boost RAL ber was at 2.8 million. When the debt indi- profits. Of course, this service is not without profitability. The IRS terminated the debt cator was reinstated, RAL volume rose to 4.8 its cost. One question is how much does it indicator in 1994 due to RAL fraud, and the million for Block. cost IRS to provide the debt indicator? While price of RALs rose significantly, from $29–$35 (In millions) we do not have definitive information, note to $29–$89. The IRS reinstated the debt indi- that in 1994, the IRS suggested imposing a cator in 1999 partly to lower RAL prices. Overall # of H&R Block fee for the debt indicator of $8 per return. Year RALs # of RAL RAL prices dipped for a year in 2000, but applications D. REINSTATEMENT OF THE DEBT INDICATOR HAS have gone back up to pre-indicator levels. NOT LOWERED RAL FEES 1994 ...... 9.5 5.5 Meanwhile, the amount of RAL fraud has 1995 ...... NA 2.3 The existence of the debt indicator has had multiplied since the debt indicator was rein- 1996 ...... 2.4 an impact on RAL fees as well, although in stated. 1997 ...... 2.6 1998 ...... 2.4 the end it appears to be more of a profit- The debt indicator raises significant pri- 1999 ...... 6 2.8 ability boost for RAL lenders. Prior to the vacy issues. It is unclear whether taxpayers 2000 ...... 10.8 4.8 elimination of the debt indicator, the loan realize they are allowing the IRS to provide 2001 ...... 12.1 4.5 2002 ...... 12.7 5.2 fee for RALs was approximately $29 to $35. sensitive personal information to tax pre- The largest RAL lender, Beneficial, charged parers about debts owed to the federal gov- Other industry player reported similar a flat fee of $29 per RAL. Bank One charged ernment, such as child support and student trends. In 1994, all but 10,630 of the returns a flat fee of $31, while the lender for Jackson loan debts. prepared by Jackson Hewitt were associated Hewitt charged $29 to $35. A. HISTORY OF THE DEBT INDICATOR with RALs. After the debt indicator was After the debt indicator was eliminated, The debt indicator is a service provided by dropped, the number of returns without RAL fees jumped dramatically. Beneficial the Internal Revenue Service that screens RALs at Jackson Hewitt rose to 138,000 by began using a tiered fee structure, with fees electronically filed tax returns for any late February 1995. RAL lender Santa Bar- of $29 to $89, depending on the size of the claims against a taxpayer’s refund. The debt bara Bank & Trust reported a sharp increase loan. Banc One began charging $41 to $69 and indicator informs the preparer whether a in loans versus non-loan refund anticipation Jackson Hewitt charged $69 to $100. By 1999, taxpayer’s full refund amount will be paid checks following reinstatement of the debt Beneficial loans made through H&R Block and not offset by other obligations collect- indicator. cost $40 to $90. ible by the federal government, such as prior The debt indicator also had similar effects One of the benefits that the IRS and indus- tax debt, child support arrears, or delinquent on the volume of electronically-filed returns try touted for reinstating the debt indicator student loan debt. in general. The IRS reported there were 14 was lower RAL fees. In fact, lower RAL fees When the IRS first provided the debt indi- million e-filed returns in 1994, but only 12 constituted one of four measures by which cator in the early 1990s, it was called the ‘‘di- million in 1995. H&R Block reported that its the success of the pilot program for rein- rect deposit indicator.’’ In 1994, the IRS ter- e-filed returns declined 22 percent in 1995. statement was to be judged. The IRS Assist- minated the debt indicator due to concerns This decrease reflects the close link between ant Commissioner for Electronic Tax Admin- over massive fraud in e-filed returns that in- e-filed returns and RALs that existed in the istration, Bob Barr, threatened to end the mid-1990s. volved refund anticipation loans (RALs). The debt indicator if RAL prices did not de- When the IRS reinstated the debt indi- elimination of the debt indicator elicited crease. Industry expressed its agreement cator, it publicly acknowledged that it ex- that fees would decrease, with one RAL ‘‘screams of rage’’ by the RAL industry. In pected the program to produce 2 million addition to cutting into their profits, the issuer claimed that its fees would be reduced more e-filed returns than if it were not rein- 30 to 40 percent. RAL industry claimed there would be mul- stated. With the close link between e-filing titudes of disappointed clients who could not When the debt indicator was reinstated, and RALs, the IRS surely must have been RAL fees did go down. However, this de- get their RALs. Two of the four major RAL aware that there would be a corresponding lenders, Mellon Bank and Greenwood Trust, crease turned out to be temporary. For ex- increase in the number of RALs. Indeed, ample, RAL fees at H&R Block and House- stopped making RALs and left the market. RAL issuers predicted that the reinstate- Over the next few years, the RAL industry hold Bank dropped for one year, but then ment of the debt indicator would increase shot back to pre-Debt Indicator levels. After pressed for reinstatement of the debt indi- RAL demand by 50 percent. These pre- cator. Then, in 1998, Congress imposed a goal the IRS reinstated the debt indicator, House- dictions proved correct, as Block alone near- hold and Block’s fees went from $40-$90 to on the IRS to have 80 percent of returns elec- ly doubled its RAL volume and made 2 mil- tronically filed. Not coincidentally, a year $20-$60 for the 2000 tax season. Both the IRS lion more loans (and thus e-filed returns) in and industry touted this decrease in RAL later, the IRS announced it was re-instating 2000. Thus, much of the expected increase in the Debt Indicator. However, note that the fees. However, fees went back up in 2001, e-filed returns was actually an increase in with Block/Household charging $30 to $87— Congressional 80 percent e-file goal is not the number of RALs. mandatory, but merely exhortatory, in that close to the fees charged prior to reinstate- C. THE DEBT INDICATOR AND RAL APPROVAL the statutory language actually states ‘‘it ment of the debt indicator. RATES: THE IRS SECURITY BLANKET Also, part of the decrease in RAL fees in should be the goal of the Internal Revenue The debt indicator promotes RALs by as- 2000 occurred because Block offered a ‘‘no Service to have at least 80 percent of all such suring lenders that the taxpayer’s refund fee’’ RAL in six markets, including entire returns filed electronically by the year 2007.’’ will be issued and thus the loan will be re- state of California. However, Block and Ben- The first year of the reinstatement of the paid. For the pre–1995 debt indicator, if the eficial appear not to have offered this ‘‘no debt indicator was a pilot. Subsequently, the indicator came back showing there was no fee RAL’’ after the 2000 tax season. One rea- IRS decided to make the debt indicator per- federal offset, there was an over 99 percent son was probably that the ‘‘no fee RAL’’ pro- manent and provide it for all e-filed returns, chance the IRS would issue the refund. At gram was subject of a lawsuit for deception not just returns associated with a RAL ap- that time, the approval rate for RALs was 92 by a competitor. plication. percent—and all but 0.5 percent of loan deni- RAL fees never went down again after 2001, B. THE DEBT INDICATOR INCREASES RAL VOLUME als were turned down based on the debt indi- but RAL profits have increased. The increase The debt indicator has had a dramatic ef- cator. As one IRS employee stated, the debt in RAL fees from 2000 to 2001 for H&R Block/ fect on the volume of RALs and electroni- indicator was a ‘‘federally supplied security Beneficial resulted in Block’s RAL revenues cally filed returns. In 1994, prior to the elimi- blanket’’ and ‘‘we were doing their credit increasing by 49 percent from 2000 to 2001. nation of the debt indicator, the number of check for them.’’ Most of the revenue increase appears to be

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23368 CONGRESSIONAL RECORD—SENATE October 20, 2005 the result of the higher RAL fees, because Another exemption allows the IRS to send Division’s Refund Crimes Unit, noted that per-RAL-revenue rose by 43.9 percent, while an acknowledgement to an e-file provider currently 80 percent of fraudulent e-filed re- sales volume only increased by 2.7 percent. without the need for a stand-alone consent turns are tied to a RAL or other refund fi- Thus, the main effect of the debt indicator form, along with ‘‘such other information as nancial product. Furthermore, fraud appears appears to be, not in lowering RAL fees, but the [IRS] determines is necessary to the op- to have increased since the debt indicator in higher RAL profits. If the reinstatement eration of the electronic filing program.’’ Be- was reinstated. Bell noted that e-file fraud of the debt indicator had really lowered RAL cause RALs increase the number of e-filed had increased by more than 1,400 percent fees back to pre–1995 prices, a RAL would returns, the IRS may argue that this lan- since 1999 (when the debt indicator was rein- only cost a flat fee of $37.53 or $45.91 in 2005 guage permits it to send the debt indicator stated), and that approximately 1 in every (the equivalent of $29 or $35 in 1994 adjusted in the e-file acknowledgement (as it cur- 1,200 e-filed returns was phony, compared for inflation). Instead, they currently cost rently does) without a stand-alone consent with a rate of about 1 in every 5,000 four about $35 to $115, with Block and its lending form. However, while it increases the num- years ago. partner charging a fee of $100 for RALs for ber of e-filed returns, that is not a factor The Treasury Department’s Financial the average refund of slightly over $2,000. that is ‘‘necessary’’ to the operation of the e- Crimes Enforcement Network (FinCEN) has These fees translate into effective annual in- file program. raised similar concerns about the role of terest rates (APR) ranging from about 40 Even if IRS can legally provide the debt in- RALs in promoting tax fraud. FinCEN issued percent to over 700 percent. dicator, there still remain significant pri- a warning to banks in August 2004, regarding (In dollars) vacy issues regarding the program. With the RAL fraud. In this report, FinCEN also noted debt indicator, the IRS is providing an indi- that RAL fraud had multiplied between 2000 and 2003. FinCEN noted that ‘‘To make this RAL Price—Ben- RAL price—Bank RAL Price— cator that communicates personal and po- Year eficial/Household tentially embarrassing financial tax infor- type of loan appealing to the public, funds & Block One Jackson Hewitt mation to the tax preparer. Indeed, when the are made immediately available, leaving lit- 1994 ...... $29 ...... $31 ...... $29 to 35 IRS proposed requiring a similar indicator tle time for the lender to perform due dili- 1995 ...... 29 to 89 ...... 41 to 69 ...... 69 to 100 on tax returns filed through the Free File gence to prevent fraud.’’ As one commen- 1996 ...... 29 to 89. 1997 ...... 40 to 90. Alliance, commercial preparers objected tator noted, the IRS has a fraud detection 1998 ...... 40 to 90. strongly, citing privacy concerns. National system, but ‘‘it may take the IRS three or 1999 ...... 40 to 90 ...... 49 to 80 Taxpayer Advocate Nina Olson noted iron- more weeks to process the return, especially 2000 ...... 20 to 60. 2001 ...... 30 to 87. ically ‘‘These businesses already rely heavily in the peak of the spring filing season. Mean- 2002 ...... 30 to 90 ...... 34 to 87. on returns flagged with an indicator to tell while, the RAL lenders have processed the 2003 ...... 30 to 90 ...... 34 to 89 ...... 34 to 89 them that this return has other outstanding loan within a couple of days of the return 2004 ...... 30 to 100 ...... 34 to 89 ...... 29 to 94 (& 5 for EITC) refund offsets’’ and ‘‘Let’s use the same ar- being filed, the money is in the hands of the 2005 ...... 30 to 110 ...... 34 to 99 ...... 29 to 99 (& 5 gument to say the debt indicator should be bad guys, and they can disappear without a for EITC) eliminated.’’ trace, . . . .’’ Given the lack of prominence of the con- G. CONCLUSION It appears the debt indicator is an IRS sub- sent in Form 8453, it is unclear whether most As it did in 1994, the IRS should terminate sidy that increases profits for the RAL in- taxpayers actually realize they are giving the debt indicator. The program represents a dustry. The debt indicator has made each in- permission for IRS to reveal the presence of form of corporate welfare and government dividual RAL more profitable, encouraging government debts to their preparer. It is subsidy of an industry already rolling in RAL lenders to aggressively promote RALs even unclear whether they know about the profits from making usurious loans to low- and increase RAL volume. debt indicator itself or understand what it is. income taxpayers. It has increased profits E. PRIVACY ISSUES F. RE-EMERGENCE OF FRAUD for the RAL industry, while resulting in no In addition to being a taxpayer-funded sub- The debt indicator represents an IRS sub- permanent price decreases for consumers. sidy to the RAL industry, the debt indicator sidy in another respect, that is, in the Not only does the RAL industry siphon off program raises significant privacy concerns. amount of fraud it promotes and the tax- hundreds of millions of tax dollars by skim- In fact, the IRS may be violating its own pri- payer dollars spent combating that fraud. As ming the Earned Income Tax Credit from vacy law in providing the service to tax pre- discussed above, the IRS dropped the debt in- working poor families, the IRS abets this parers. The IRS Code contains broad and dicator in 1994 due to concerns over mount- drain and makes it more profitable by con- strong privacy protections for taxpayer in- ing fraud in refund claims. IRS data had in- ducting part of the RAL lenders’ credit formation. Section 6103 of the IRS Code dicated that 92 percent of fraudulent returns checks using taxpayer-funded resources. Fur- states that all ‘‘[r]eturn and return informa- filed electronically involved RALs. It was be- thermore, the debt indicator represents even tion shall be confidential’’ and shall not be lieved that the debt indicator led to tax more of a subsidy, in that it generates more disclosed. ‘‘Return information’’ is broadly fraud because of its role in supporting RALs, fraud related to RALs, which the IRS must defined and includes the taxpayer’s ‘‘nature, whose quick turnaround period makes fraud spend enforcement dollars to address. source, or amount of his . . . liabilities . . .’’ detection difficult. Mr. DODD. Mr President, I speak on Therefore, information as to whether a tax- The elimination of the debt indicator the subject of full funding for the pay- payer is subject to a refund offset would be seems to have had its intended effect. Ac- information about the nature or amount of a cording to the Assistant Attorney General in ments to State governments in order taxpayer’s liabilities. charge of the Tax Division at the Depart- to comply with the requirements man- It would seem that the information dis- ment of Justice, eliminating the debt indi- dated on January 1, 2006, under the closed by the IRS to a RAL provider would cator, along with other fraud prevention Help America Vote Act of 2002, HAVA. constitute a violation of the IRS privacy measures, successfully reduced the number On October 16, 2002, over 3 years ago, statute, unless there is an exemption. One of fraudulent claims. the Senate overwhelmingly adopted possible exemption would be the provision When IRS reinstated the debt indicator in the conference report for this bipar- that allows the IRS to disclose return infor- 1999, it attempted to address the fraud issue tisan landmark legislation by a vote of mation with a taxpayer’s consent. However, by requiring tax preparers to institute fraud 98–2. The House of Representatives the IRS regulations set forth clear and defi- prevention measures. The first year of the nite requirements for such consent, includ- debt indicator was termed a pilot, and only adopted the conference report by a vote ing that the consent be set forth in a sepa- certain tax preparers who entered into of 357–48 on October 10, 2002. President rate written document pertaining to the dis- memoranda of agreement with the IRS were Bush signed HAVA into law on Oct. 29, closure, and that the document reference the eligible to receive the debt indicator. As a 2002. At the White House signing cere- particular data item of return information condition of the agreement, tax preparers mony, surrounded by a bipartisan to be disclosed. were required to actively screen returns for group of congressional members, Presi- A document that conceivably grants such potential fraud and abuse, using measure dent Bush said in a brief speech: consent is IRS Form 8453, which is used to such as requiring two valid forms of identi- When problems arise in the administration authenticate an e-filed return. Yet the con- fication and verifying questionable W–2s. of elections, we have a responsibility to fix sent to disclose information in Form 8453 is However, after the 2000 tax season, the debt them. . . . Every registered voter deserves to not a separate, stand-alone document per- indicator is no longer a pilot and is provided have confidence that the system is fair and taining solely to the disclosure. Further- to all taxpayers who e-file. Thus, it is un- elections are honest, that every vote is re- more, the consent is buried in small print in- clear whether these fraud prevention meas- corded and that the rules are consistently adequate to clearly inform taxpayers that ures are still mandatory. they are permitting the IRS to disclose per- Whether or not these fraud prevention applied. The legislation I sign today will add sonal financial information to their tax pre- measures are in effect, fraud is still a signifi- to the nation’s confidence. parers about whether they owe a child sup- cant issue with respect to RALs. Gary Bell, I agree with the President. We must port or student loan debt. Director of the IRS Criminal Investigation follow the American tradition of fixing

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23369 problems that occur in our national wide voter registration lists, including that Congress fulfills our commitment elections system. HAVA began a new new requirements to prevent voter to fully fund the HAVA reforms. I ap- era in election law—one where the Fed- fraud. Finally, Congress refused to im- plaud the nonpartisan work of the eral Government works with State and pose unfunded mandate on States and LCCR/NASS Coalition and look for- local governments, in conjunction with authorize nearly $4 billion in payments ward to continuing to work with them civil rights, voting rights and dis- to States over 3 fiscal years to to see this commitment come to fru- ability organizations, to conduct fair, implememt the HAVA requirements ition. free and transparent elections in our and disability access grants and serv- The organizations have submitted a Nation. HAVA is our colective promise ices. letter, dated October 20, 2005, in sup- to the American people to fix the prob- January 1, 2006, is the effective date port of full funding in the amount of lems in our Federal elections. After the for two of the most important Federal $727 million for HAVA implementation 2000 November elections, Americans requirements mandated by HAVA: the in fiscal year 2006. The letter, and I recognized that real election reform voluntary voting system standards and quote, states that: changes must be made to ensure the in- the Statewide computerized voter reg- The states and localities need the remain- tegrity and security of our democracy. istration list. Both requirements are ing authorized funding to implement the re- Congress made a commitment to the expected to make it easier to vote and quirements of HAVA and the federal EAC States, and to the voters of this Na- harder to cheat by providing an equal needs to be fully funded to carry out its re- tion, that we would be a full partner in opportunity for every eligible voter to sponsibilities as well. the conduct of Federal elections. Con- cast a vote and have that vote counted, I ask unanimous consent that the gress accomplished much with the pas- as well as providing important anti- letter be printed in the RECORD fol- sage of HAVA; but two years later in fraud requirements to protect and pre- lowing my remarks. the November 2004 general election, serve the integrity of our decentralized The PRESIDING OFFICER. Without some voters faced both old barriers to elections systems. In order to comply objection, it is so ordered. ballot access that HAVA promised to with HAVA, States must timely imple- (See exhibit 1) remove and new ones. We can do better ment both requirements, which are ex- Mr. DODD. If we fail to honor com- and we must do better. Full funding of pected to cost millions in both Federal mitment now and only appropriate par- HAVA will ensure America does better dollars for the 95 percent portion and tial funding, we may jeopardize the in conducting Federal elections by en- State dollars for the 5 percent portion ability of the States to implement suring both ballot access and ballot in- of the expenditures. these historic and comprehensive elec- tegrity. To date, the President’s budget, for tion reforms. We will also miss an op- Building democracy and freedom for the second year in a row, while pro- portunity to ensure the integrity and every American must begin at home in viding millions in funding for demo- security of Federal elections and the the United States. In the wake of the cratic elections in foreign countries, confidence of the American people in October 15, 2005 province-by-province such as Afghanistan and Iraq, assumes the final results of those elections. election on the Constitution in Iraq, it no funding for requirements or dis- While I will not offer an amendment is critical that Americans take stock ability access payments to the States. today to provide for this additional of our own decentralized elections sys- Congress also failed to fully fund funding, I am serving notice that as tems. In light of the continuing bar- HAVA 2 years in a row. HAVA is under- the States proceed to complete imple- riers and irregularities that Americans funded by a total of $822 million. In ad- mentation of the HAVA requirements, faced at polling places across this Na- dition to the $600 million authorized in I will continue to monitor this situa- tion in 2004, we cannot fail to fully fiscal year 2005, but not appropriated tion and as the needs of the States be- fund HAVA to fix these problems. Our Congress underfunded HAVA by $222 come more clear, I will come back to ability to successfully do so goes di- million over the last 3 fiscal years, my colleagues for prompt action to en- rectly to ensuring the integrity of elec- from fiscal year 2003 to fiscal year 2005. sure that the States do not face an un- tions and ensuring the confidence of As a result, HAVA currently has a funded mandate. the American people in the final re- total funding shortfall of $822 million EXHIBIT 1 sults of those elections. America’s abil- in federal funds, $727 million for elec- MAKE ELECTION REFORM A REALITY—FULLY ity to promote free societies abroad is tion administration requirements and FUND THE HELP AMERICA VOTE ACT inextricably linked to our ability to $95 million for disability grant pay- OCTOBER 20, 2005. expand and secure transparent elec- ments. DEAR SENATORS: We, the undersigned orga- tions at home. At a time when we are The absence of the $727 million for re- nizations, urge you to support full funding spending billions of dollars to ensure quirements payments will likely im- for the Help America Vote Act of 2002 the spread of democracy across the pede the Statewide implementation of (HAVA) and include $727 million in the globe, we must ensure the primary the two most critical election reforms, Transportation, Treasury, Housing and Urban Development, the Judiciary, the Dis- right to vote for all eligible voters, re- the voting system standards and the trict of Columbia, and Independent Agencies gardless of race, ethnicity, age, dis- Statewide voter registration lists in Appropriations Act of 2006. This figure rep- ability, or resources. time for the 2006 congressional elec- resents the authorized HAVA funds for fed- For the first time in our Nation’s his- tions. eral requirements that remain unappropri- tory, Congress acknowledged the re- No civil right is more fundamental to ated. sponsibility of the Federal Government the vitality and endurance of a democ- HAVA, which passed with overwhelming to provide leadership and funding to racy of the people, by the people, and bipartisan support, includes an important States and local governments in the for the people, than the people’s right list of reforms that states must implement administration of Federal elections. for federal elections. State and local govern- to vote. HAVA has been acknowledged ments have been working on such reforms as First, Congress codified the Federal as the ‘‘first civil rights law of the 21st improving disability access to polling places, role in HAVA by entering into a part- century.’’ Full funding of HAVA enjoys updating voting equipment, implementing nership with States to restore the the support of a broad coalition of or- new provisional balloting procedures, devel- public’s confidence in the final results ganizations representing the civil oping and implementing a new statewide of Federal elections and to ensure that rights communities, voting rights voter registration database system, training every eligible American had an equal groups, disabilities groups, and State poll workers and educating voters on new opportunity to cast a vote and have and local governments, spearheaded by procedures and new equipment. that vote counted. Next, Congress re- To help state and local governments pay the Leadership Conference on Civil for these reforms, HAVA authorized $3.9 bil- quired States to conduct Federal elec- Rights and the National Association of lion over three fiscal years. To date, Con- tions according to minimum Federal Secretaries of State. gress has generously appropriated $3 billion requirements for voting system stand- I am grateful to LCCR and NASS for between FY03 and FY04. Unfortunately, ards, provisional balloting and State- their consistent leadership in ensuring while HAVA authorized funding for states

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23370 CONGRESSIONAL RECORD—SENATE October 20, 2005 for FY05, none was appropriated. The states National Council of La Raza ment’s Specially Designated Global Ter- and localities need the remaining authorized National Disability Rights Network rorist Entity list (SDGT) and to aggressively funding to implement the requirements of National Federation of the Blind target the organizations that aid in its HAVA, and the federal EAC needs to be fully National Voting Rights Institute broadcast. Hezbollah, a known terrorist or- funded to carry out its responsibilities as Project Vote ganization, funds al-Manar, calling it a ‘sta- well. The Arc of the United States tion of resistance.’ Viewed via satellite States and localities are laboring to imple- United Cerebral Palsy throughout the Muslim world, al-Manar pro- ment the requirements of HAVA based on a United Church of Christ, Justice and Wit- motes suicide attacks against American and federal commitment that HAVA would not ness Ministries Israeli targets and encourages Iraqi insur- be an unfunded mandate. State officials have USAction gents to attack U.S. troops. incorporated the federal amounts Congress Mr. NELSON of Florida. Today the Al-Manar is a mouthpiece of hatred and vi- promised when developing their HAVA im- Senate adopted unanimously the Nel- olence. In addition, the station broadcasts plementation budgets and plans. Without the son-Smith amendment which puts the programs that spread anti-Semitic material, full federal funding, state and local govern- Senate on record supporting the place- perpetuating myths about Jewish history, ments will encounter serious fiscal shortfalls ment of al-Manar on the Specially Des- which resulted in the station’s recent ban from French airwaves. This is not a media and will not be able to afford complete im- ignated Global Terrorist list. Al-Manar plementation of important HAVA mandates. outlet sharing the news; it is a propaganda According to a state survey, lack of federal is a global satellite television oper- tool used by a terrorist organization to funding for HAVA implementation will re- ation dedicated to broadcasting inflam- spread its message of violence and hatred. sult in many states scaling back their voter matory and radical Islamic propa- We welcome your December 2004 decision and poll worker education initiatives and on ganda. to place al-Manar on the Terror Exclusion voting equipment purchase plans, both of Al-Manar, a television station funded List (TEL), which allows the U.S. Govern- which are vital components to making every by Hezbollah, promotes hatred, anti- ment to deport or deny admission to aliens vote count in America. Semitism, and glorifies suicide bomb- involved with al-Manar’s support or endorse- ment of terrorist activities. But further ac- We are thankful that you have seen the ing. The actions of this network are importance of funding the work of the Elec- knowledgment of al-Manar’s role in spread- tion Assistance Commission in FY06. States, truly appalling and frightening. ing violence and hatred is warranted and localities and civic organizations look for- Viewed via satellite throughout the should be shown through its placement on ward to the work products from the EAC Muslim world, al-Manar promotes sui- the SDGT list. This step would allow the that will aid them in their implementation cide attacks against American and U.S. government to sanction foreign banks of HAVA i.e., the voting system standards, Israeli targets and encourages Iraqi in- and freeze the financial assets of individuals the statewide database guidance, and the surgents to attack U.S. troops. It in- or organizations that associate with the sta- studies on provisional voting, voter edu- cludes particularly shocking children’s tion. This would cause many telecommuni- cation, poll worker training, and voter fraud programming, aimed at shaping the be- cations corporations and financial institu- and voter intimidation. tions to reconsider their decision to work We thank you for your support of funding liefs and values of the next generation with al-Manar. for the Help America Vote Act, and we look of Muslim youth. The United States must use all available forward to working with you on this critical The station broadcasts programs means to stop the transmission of al-Manar’s issue. Should you have any questions, please that spread anti-Semitic material, per- programs. Placing al-Manar and the Leba- contact Leslie Reynolds of the National As- petuating myths about Jewish history, nese Communications Group S.A.L., its par- sociation of Secretaries of State or Rob which resulted in the station’s recent ent company, on the SDGT will send a clear Randhava of the Leadership Conference on ban from French airwaves. This is not message that the United States is serious Civil Rights, or any of the individual organi- a media outlet sharing the news; it is a about confronting any organization that sup- ports the violence carried out by terrorist zations listed below. propaganda tool used by a terrorist or- Sincerely, groups. ganization to spread its message of vio- We strongly support the global war on ter- Organizations Representing State and Local lence and hatred. rorism and continuing efforts to stop terror- Election Officials The U.S. Government placed al- ists wherever they may be. Stopping al- Council of State Governments Manar on the Terror Exclusion List Manar’s broadcast of hatred and violence is Election Center which prevents persons associated with an integral part of the global war on ter- International Association of Clerks, Re- rorism. Thank you for your time and consid- corders, Election Officials and Treasurers the channel from traveling to the U.S. There is a much stricter list, the Spe- eration. We look forward to your response. National Association of Counties Sincerely, National Association of County Recorders, cially Designated Global Terrorist list, Gordon Smith, Evan Bayh, John F. Election Officials and Clerks which allows much harsher penalties, Kerry, Mark Dayton, Mitch McConnell, National Association of Latino Elected and including financial sanctions against Richard Durbin, Wayne Allard, Frank Appointed Officials (NALEO) Educational individuals, groups, and banks that do Lautenberg, Charles Schumer, Bill Nel- Fund business with al-Manar. So far, the son, Hillary Rodham Clinton, George National Association of Secretaries of Government has not placed al-Manar Allen, Jon Kyl, Conrad Burns, Ron State Wyden, Byron L. Dorgan, Norm Cole- National Conference of State Legislatures on this list. The case is clear and obvious: al- man, Mel Martinez, Dianne Feinstein, Civil and Disability Rights Organizations John Corzine, Russell D. Feingold, Joe Manar is supporting and promoting Lieberman, Ben Nelson, Barack Alliance for Retired Americans terrorism. This warrants placement on American Association of People with Dis- Obama, Barbara Boxer, Deborah Stabe- abilities the list of Specially Designated Global now, Olympia Snowe, Herb Kohl, Bar- American Federation of Labor—Congress Terrorists. bara A. Mikulski, David Vitter, Ken of Industrial Organizations In August, 51 Senators sent a letter Salazar, Jack Reed, Lisa Murkowski, Americans for Democratic Action to the President, urging him to place Richard Shelby, Tim Johnson, Arlen APIA Vote al-Manar on the Specially Designated Specter, Johnny Isakson, Tom Coburn, Asian American Justice Center Global Terrorist list. I ask unanimous Susan Collins, Sam Brownback, John Ensign, James M. Talent, Jeff Sessions, Asian American Legal Defense and Edu- consent that a copy of the letter be cation Fund Orrin Hatch, Rick Santorum, Kent printed in the RECORD. Common Cause Conrad, Mary L. Landrieu, Daniel K. FairVote—The Center for Voting and De- There being no objection, the mate- Akaka, Chuck E. Grassley, Jeff Binga- mocracy rial was ordered to be printed in the man, Saxby Chambliss. Lawyers’ Committee for Civil Rights RECORD, as follows: Mr. NELSON of Florida. Today, the Under Law CONGRESS OF THE UNITED STATES, entire Senate is on record. This amend- Leadership Conference on Civil Rights Washington, DC, August 2, 2005. ment affirms the Senate’s concerns League of Women Voters of the United President GEORGE W. BUSH, over the free dissemination of radical States The White House, Mexican American Legal Defense and Edu- Washington, DC. and violent ideology and calls on the cational Fund DEAR PRESIDENT BUSH: We write to urge administration to add al-Manar to the National Association for the Advancement you to place al-Manar, the official television Specially Designated Global Terrorist of Colored People station of Hezbollah on the Treasury Depart- list.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23371 Mr. BOND. Mr. President, are there (The bill will be printed in a future MORNING BUSINESS any others? I believe we have now cov- edition of the RECORD.) Mr. BOND. I ask unanimous consent ered all of the amendments we have Mr. BOND. Mr. President, I move to that there now be a period for morning agreed to accept. I think it is time to reconsider the vote. business with Senators permitted to go to third reading, and I ask for the Mrs. MURRAY. I move to lay that speak for up to 10 minutes each. yeas and nays on final passage. motion on the table. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a The motion to lay on the table was objection, it is so ordered. sufficient second? agreed to. The Senator from Iowa. There appears to be a sufficient sec- Mr. BOND. I ask unanimous consent Mr. GRASSLEY. I ask unanimous ond. that the Senate insist upon its amend- consent to speak for roughly 15 min- The question is on the engrossment ment, request a conference with the utes instead of the 10 minutes. of the amendments and third reading of House, and the Chair be authorized to The PRESIDING OFFICER. Is there the bill. appoint conferees. objection? The amendments were ordered to be The PRESIDING OFFICER. Without Without objection, it is so ordered. engrossed and the bill to be read a objection, it is so ordered. f Mrs. MURRAY. Mr. President, I third time. BUDGET RECONCILIATION The bill was read the third time. wanted to take a minute, as we finish Mr. GRASSLEY. Mr. President, be- The PRESIDING OFFICER. The bill this bill, to again thank my colleague cause I am chairman of the Senate Fi- having been read the third time, the from Missouri for his tremendous work nance Committee and we have jurisdic- question is, Shall the bill, as amended, on this bill. I know he has been under tion over taxes, I want to respond to pass? personal duress today and had a late some of the comments that have been The yeas and nays have been ordered. night last night, but his team won de- spite what it appears to be. I think he made over the last 2 or 3 days, both on The clerk will call the roll. the floor as well as in news con- Mr. MCCONNELL. The following Sen- has done a tremendous job and I wish to thank him. ferences, by the Senate Democratic ators were necessarily absent: The Sen- leadership on the reconciliation tax re- ator from Arizona (Mr. MCCAIN) and I also wish to thank all of the major- ity staff, John Kamarck Paul Doerrer, lief bill that will be before Congress the Senator from New Hampshire (Mr. sometime between now and Thanks- SUNUNU). Cheh Kim, Lula Edwards, Josh Manley, and Matt McCardle for their help in giving. Quite frankly, it is necessary to Mr. DURBIN. I announce that the pass because if we do not, then taxes Senator from Montana (Mr. BAUCUS), working with us for many months along the way, and also our minority are automatically going to go up with- the Senator from New Jersey (Mr. out a vote of Congress. It is not nec- CORZINE), the Senator from Hawaii (Mr. staff, Peter Rogoff, Kate Hallahan, Diana Hamilton, Bill Simpson, essarily the biggest tax increase that INOUYE); and the Senator from New Congress has ever voted but a very siz- Meaghan McCarthy, as well as my per- York (Mr. SCHUMER) are necessarily ab- able tax increase. sonal staff, especially Casey Sixkiller. sent. Obviously, if we are going to increase The PRESIDING OFFICER. Are there I also want to thank all of the floor taxes, it ought to be done by a vote of any other Senators in the Chamber de- staff who have been diligent in working the Congress and not done automati- siring to vote? with us as we have moved this bill cally. So we have to take action before The result was announced—yeas 93, through and again thanks to my col- we adjourn this fall, and that is what nays 1, as follows: league from Missouri for his tremen- the reconciliation tax relief bill is all [Rollcall Vote No. 264 Leg.] dous work on this bill. about. Mr. BOND. I continue to be grateful YEAS—93 It is quite obvious from these news for the cooperation of the Senator from conferences that the Democrats have Akaka Dole Lugar Washington and her staff. I was going Alexander Domenici Martinez been having, in statements on the Allard Dorgan McConnell to go down the list of the staff mem- floor, that they do not seem to under- Allen Durbin Mikulski bers on both sides. I will incorporate by stand that this is going to happen, and Bennett Ensign Murkowski reference and say once again our staff Biden Enzi Murray if it does happen, it is going to hurt Bingaman Feingold Nelson (FL) worked very well together. This is the middle income taxpayers as well as Bond Feinstein Nelson (NE) first time anybody had dealt with a lower income taxpayers. Boxer Frist Obama TTHUD bill. It has many interesting In press reports for several weeks Brownback Graham Pryor moving parts, and some of them move Bunning Grassley Reed now, the distinguished Democratic Burns Gregg Reid in different directions at the same leader suggested that we cease all ef- Burr Hagel Roberts time. We could not have done it with- forts to address expiring tax relief pro- Byrd Harkin Rockefeller out the tremendous assistance of all of visions. The senior Senator from Ne- Cantwell Hatch Salazar Carper Hutchison Santorum the staff, plus the floor staff. vada stated as follows: I think we need Chafee Inhofe Sarbanes I want to say a special thanks to to revisit this budget and reconcili- Chambliss Isakson Sessions Lula Davis, Dave Schiappa, and all the ation. Is it really the time to have $70 Clinton Jeffords Shelby people in front here for their unfailing Coburn Johnson Smith billion more in tax cuts? Cochran Kennedy Snowe willingness to sit and help us through Well, we are not going to have $70 bil- Coleman Kerry Specter all of these things. This was more ex- lion more in tax cuts if we pass this Collins Kohl Stabenow citing than I wanted it to be, and their reconciliation tax relief package. We Conrad Kyl Stevens Cornyn Landrieu Talent help enabled us to get through. are going to continue the tax policy we Craig Lautenberg Thomas We would also like to put in a special have had for the last several years, and Crapo Leahy Thune thanks to Mike Solon in the Whip’s of- if we do not pass it, we are going to Dayton Levin Vitter fice for helping us work on a number of DeMint Lieberman Voinovich have a $70 billion tax increase, and that DeWine Lincoln Warner things and both the Appropriations is what inaction is going to bring Dodd Lott Wyden Committee leaders, Chairman COCHRAN about. I see the Senator suggesting NAYS—1 and Senator BYRD. Also, the majority that that happen. I am going to say leader and minority leader were a great Bayh why that is bad not only for taxpayers, help. but that is bad for the economy of our NOT VOTING—6 So we are most grateful, and we are country. Baucus Inouye Schumer delighted to be out of the way now, and Then we also had the assistant Corzine McCain Sununu we will go to conference. We look for- Democratic leader, the senior Senator The bill (H.R. 3058), as amended, was ward to coming back with perhaps an from Illinois, likewise attack the no- passed. even better process and a good product. tion of tax relief. This very afternoon,

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23372 CONGRESSIONAL RECORD—SENATE October 20, 2005 the ranking Democratic member of the budget resolution in the spring, and all take action, which is what the Demo- Budget Committee, the senior Senator the appropriations bills and the tax crats are asking us not to do, taxes are from North Dakota, attacked the idea bills and everything else have to fit going to go up. of further tax relief. into that budget resolution. As chairman of this tax writing com- Those words again. They want people Under the Senate rules, then, a bill mittee that we call the Finance Com- to believe that we are going to cut that exceeds the levels set in the budg- mittee in the Congress, I have a re- taxes further, but if we do not take ac- et resolution could possibly be, and sponsibility for all of the legislation tion, taxes are going up, not down. If often is, subject to a 60-vote point of that affects Medicaid, Medicare, Social we pass a bill, they are going to stay order; in other words, taking 60 votes Security, the income tax code. The where they have been for the last sev- to go beyond the budget, which is very budget resolution we passed earlier eral years. difficult to get in this body. That is this year provides reconciliation in- Clearly, this line of attack is being why you get a lot more fiscal discipline structions for my committee to coordinated by the leadership team on with a budget resolution. By imposing achieve $150 billion in program savings. the other side of the aisle. As is usual this supermajority requirement, the And by the way, we finally have a with the question of tax relief, the East budget encourages the Senate to stay package put together that will do this, Coast media tend to be echoing the line within the overall limits we set in our a package that I believe we will be able of attack from the leadership of the op- resolution while at the same time pro- to vote out of committee next Tuesday. position. viding opportunities to exceed those We have set our committee there so we Yesterday, October 19, the Demo- limits if there are extenuating cir- will meet our savings on the expendi- cratic leadership held a press con- cumstances. ture side—we will meet those goals. ference to criticize further tax relief ef- Chairman JUDD GREGG of the Budget Of course, then the other part of my forts. The purpose of the press con- Committee has used this tool of a point work is the $70 billion of tax relief that ference was opposition to Republicans’ of order to keep spending under con- is not a tax reduction but maintaining attempt to spend billions on tax breaks trol. On this appropriation bill that the existing level of taxation. for special interests while cutting was just completed after 2 or 3 days’ While these instructions from the health care, student loans, and other work, that has proved effective, in Budget Committee—or you might say crucial assistance through their— three or four instances, to keep a lot of now it is policy, by the full Senate—do meaning Republicans—immoral budg- additional spending from happening— not actually require the Finance Com- et. spending that, if we just had a simple mittee to enact any specific policy, Now, understand, morality is brought majority without a budget resolution, there are numbers and policies that are into this. That kind of incendiary lan- could possibly not have been prevented. assumed within the numbers that the guage is what makes folks outside of By the way, despite all the posturing Senate has given me. Today, I will the Washington Beltway angry. Not about fiscal responsibility coming from focus on the tax relief portion of the only is it patently false, it is also over the Democratic side, I am still waiting budget. After all, that is where the at- the top. Anybody with an ounce of for spending cuts, ideas on how we can tacks have come from the Democratic common sense knows it. save money on expenditures, coming leadership through their news con- Immoral? Give me a break. What is from the other side. I have asked my ferences and statements here on the immoral is wasting taxpayer money to colleagues on the other side of the aisle floor of the Senate. gin up this kind of partisan ‘‘attack over the years to put their money Start with a basic number. When the dog’’ language because it diverts legis- where their mouth is. The Finance Senate Budget Committee considered lative resources from what this Con- Committee that I chair produced $180 the resolution over a half year ago this gress needs to be doing and that is billion in revenue raisers and got $135 year, Republicans laid out a plan to solving problems. billion of that enacted. So we have pro- reconcile tax relief—in other words, to I have heard from my friend and duced on the revenue side. I am going keep the taxes from automatically ranking member, Senator BAUCUS, that to be showing with that chart here in going up, not to cut taxes from where the Democratic leadership may now be just a little bit where we have also had they are today. This plan was the prod- supporting an extension of some of other tremendous advantages from the uct of discussion with members of the these provisions that they seem to be tax policy of the last 4 years. But Republican caucus. Although the proc- attacking at the same time. Be that as where are the critics, then, who seem ess was driven by Republican members, it may, we have to look at a lot of to always want to raise revenue? Where the substance of the proposal is bipar- other things besides the largely busi- are they when there is an opportunity tisan. Our objective, then as now, is to ness tax relief that is included in what to come up with ideas to save money preserve current law levels of tax re- we call extenders, extending from one on the spending side of the ledger? lief. The plan centers on a seamless ex- year to the next or the next several I have always said it would be one tension of tax relief provisions that years things that automatically expire, thing to raise taxes, and I might be began in President Bush’s first term, in that if we do not extend them, taxes go willing to consider doing that if I could 2001. It is critical that these provisions up rather than staying level. ever come to the conclusion that you be rationalized with a common sunset I want to put all this debate in con- could raise taxes high enough to sat- date. Assuring taxpayers of the con- text, because until now, what I have isfy the appetite of a lot of big spenders tinuity of promised tax relief should be set in motion here is what is coming in this Congress to spend money. If I our highest priority. Predictability of from the other side so you have a con- would ever see a limit, I might be will- tax policy, in other words, is essential text for the points I wish to make. ing to settle for something if that was to a vibrant, growing economy. Tax- First off, let’s take a look at the the end of it. But you never have the payers should not face the reversal of Democratic leadership’s point on the end, it seems. You never have enough the level of tax relief we have deliv- budget. Why is the budget important, revenue for the people who want to ered. It is going to have terrible eco- some people ought to ask and legiti- spend money. nomic consequences if we do. mately ask. The budget—we call it the Budget reconciliation, as has been Let me repeat. Reconciliation is budget resolution—is a blueprint or the point of the news conference I al- about preventing automatic tax in- kind of an outline that sets the overall ready referred to, is often the subject creases, it is not about new tax relief level of spending and the revenue of the of much controversy. So I would like to proposals. Federal Government. The budget, then, take a moment and focus on the rec- Some on the other side have been sets the ground rules for all the other onciliation bill my committee is going critical of the $70 billion in reconciled spending and revenue legislation that to have to consider between now and tax relief from the day we passed the will be considered by the Senate over adjournment in order to retain the budget resolution. Where, let me ask, the course of a year. So we pass the present level of taxation. If we do not is the Democrat leadership’s plan for

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23373 tax relief? Or do they propose that we Whichever figure you might use, ei- since then in the gross domestic prod- start taxing middle-income Americans ther that $274 billion more coming in in uct. You have a rise in income. But by letting these things sunset and have 2005 than in 2004 or the $97 billion more this chart was made before we had an automatic increase in taxes? Has that is coming in, more than the CBO some more recent figures. anyone seen a Democratic proposal for estimated, this is very definitely an This red line, the point right here, maintaining existing tax policy so we impressive improvement on the rev- would be about right here, reflecting do not have an automatic tax increase? enue side of the budget. That amount that $274 billion more coming in in 2005 All we seem to hear, based upon these exceeds the amount of reconciled tax over 2004. You see a little rise in the news conferences and statements, hap- relief over 5 years by $70 billion that gross domestic product, a very dra- pens to be criticism. How many times we provided in this budget resolution matic rise for the most recent figures have we heard about the alternative that will be the subject of legislation at this point here instead of this point minimum tax or what we call AMT? We on this floor in the next 4 weeks. here—a more dramatic rise in the in- heard about it plenty of times. We even As a percentage of the economy, come coming into the Federal Treasury heard incorrect assertions that this which is known as the gross domestic from our taxes because there was a lit- budget does not address alternative product, Federal receipts are up to tle bit of an increase in the economy. minimum tax problems. about 17.5 percent of GDP. The histor- People are saying here we have to in- Guess what. The reconciliation bill ical average is right about 18 percent. crease taxes, whether it is automati- has room for extending the current When I say historical average, I mean cally or whether you vote them. You patch, or ‘‘hold harmless’’ for millions over a period of time from the late don’t have to do that. You can see we of families who, if we do nothing, are 1950s until today averaging about 18 are projecting a very good income com- going to face the alternative minimum percent of taxes coming into the Fed- ing into the Federal Treasury just tax. These are not the wealthy people eral Government as a share of the gross when there is a slight increase in eco- that the alternative minimum tax was domestic product. So we are getting nomic growth of our country as re- intended to hit. These are going to be back to historical averages, but you flected in what we call the gross do- 5 million more middle-income tax-pay- wouldn’t know that by listening to mestic product. ing people who presently are not hit by some of the alarmist claims for more Some people here have it backwards. it. So where is the Democratic leader- revenue that you hear in speeches on They think Federal revenue drives the ship plan for AMT relief? When they the floor of this Senate. economy. It is almost as though they say we ought to rethink this budget Where is the extra money coming believe raising taxes will lead to more resolution, are they saying we are from? It is coming across-the-board. A growth. Growing economic activity, as going to tax these 5 million people who good chunk of it is coming from non- shown by this chart, is fueling the good have not been hit by this by doing withheld income taxes, and that would news on the receipt side of the Federal nothing between now and the end of be from capital gains dividends, higher budget. In this environment, it is a the year? Where is the response for the than expected small business income. wonderment why the Democratic lead- current period? I have been looking for No one should be surprised by these de- ership would want to send such a nega- it. I can’t find it, from the other side. velopments. They are consistent with tive message to the financial markets. All we are hearing is another excuse to economic and fiscal history. The bot- Why does the Democratic leadership make the American taxpayers second- tom line is that when the economy want to raise capital gains tax by 33 class citizens. In this case, spending for grows, the Federal Treasury benefits as percent and double the tax on divi- the hurricane might be the excuse. well. dends? In these uncertain times, why There always seems to be a reason to That is shown very clearly on this would the Democratic leadership want deny tax relief or automatically in- chart. Over 40 years, up until now—and to drive a stake in the heart of this crease taxes on middle-income Ameri- beyond that, guessing what the econ- growing economy, not only a growing cans. omy might do for another 10 years—we economy but a more vastly growing Likewise, there always seems to be see the green line here, the gross do- amount of money coming into the Fed- an excuse for dodging spending re- mestic product, the measure of it on a eral Treasury? straint. Let taxes go up automatically, yearly average. That is the green line. A cynical person might feel that the don’t do anything to reduce spending. It is fairly constant, not so erratic. Democratic leadership is only looking In short, it seems that the Democratic The revenues coming in are the red at political gain by driving down our leadership cares more about spending lines. That tends to be much more dra- economy. I can’t believe my friends in taxpayers’ money than keeping the tax matically different from year to year the Democratic leadership would want burden low. The American taxpayer than what the GDP measurement is. to cause economic pain for short-term has done his or her part. Receipts are You can see here, going back 40 years, political gain. But with all these way ahead of last year—way ahead of when the GDP goes down, you have a speeches that are going on around here where even we predicted they would be. very dramatic drop in taxes coming and all these news conferences about According to Treasury data, receipts into the Federal Treasury. rethinking the budget, you have to last year were $1.880 billion. This year, When they go up, you have a much wonder, don’t you? receipts are $2.154 billion. So this is an more dramatic increase in taxes com- To sum up on my first point, the tax- increase of $274 billion coming in this ing into the Federal Treasury. You can payer is not the problem. The taxpayer year, more than last year without in- see that several times—quite a drop is sending plenty of money to Wash- creasing taxes, with no rates of tax in- here in the gross domestic product but ington, DC by $274 billion more in 2005 crease. a very dramatic drop in income coming over 2004 with these lower levels of tax- Even taking into consideration that in. ation we have. The revenue side of the level of taxation, in a news conference More recently, we had the Clinton re- budget is coming in fine, way beyond the Democratic leadership said we cession that we inherited, plus 9/11. So expectation. ought to rethink our tax policy. Ac- you find a dip in the gross domestic I will turn to the specific plan we are cording to the Congressional Budget product here, but, boy, you see a very going to present to the Senate when we Office—and I might refer to that occa- dramatic drop in the income coming in have this reconciled tax package out sionally as CBO—the CBO receipts are at this point. here. up for this fiscal year alone by $97 bil- We passed the tax bill of 2001, and we Again, this is a tax relief plan ex- lion over what CBO guessed they would passed the tax bill of 2003. You know pressed in these news conferences that be earlier this year—$97 billion more that Greenspan said the growth in the the Democratic leadership wants to coming in than the official estimators economy is very related to those tax kill. The reconciliation instruction said just a few months ago would be reductions we had at that particular gives us the resources to maintain cur- coming in. time. You can see that we have a rise rent law tax relief. Put another way,

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23374 CONGRESSIONAL RECORD—SENATE October 20, 2005 the reconciliation instructions to my extenders, but they are a small part of great team, Tony La Russa is a great committee are our best means to pro- the picture. I note that the ranking manager, and they will be back. tect against tax hikes on millions of member of the Budget Committee I didn’t grow up in Chicago, I grew up American taxpayers. hasn’t come that direction yet. in east St. Louis, but one of the first Let us take a look at the tax in- The Democratic leadership is not things I learned about Chicago is that creases the Democratic leadership singing with one voice on this subset of the people of that city are absolutely would put on the American people by expiring provisions. But if we do what passionate about baseball. I have also inaction by this Congress—an auto- the Democrats said they wanted to do learned that Chicagoans don’t ask you matic tax increase. That is the Christ- in their news conference, these could which team you love. They want to mas present we would be giving the possibly expire. know which team you hate—except taxpayers, if we adjourn by Thanks- Does the Democratic leadership then this time. Today, we are all White Sox giving. What a Christmas present. want to eliminate the research and de- fans. As long-time Sox fans are pain- First and foremost, the tax relief velopment tax credit? Does the Demo- fully aware, the White Sox have not plan continues to hold harmless for the cratic leadership want to eliminate the won a World Series since 1917. Their alternative minimum tax. This piece of sales tax deduction from the Federal three-game sweep in the playoffs the plan—the largest, I might add—is income tax? Does the Democratic lead- against the defending World Series worth $30 billion to 14 million Amer- ership want to eliminate the deduction champion Boston Red Sox was the first ican families. for teachers’ out-of-pocket expenses? If step in exorcising the ghost of Shoeless Does the Democratic leadership want the answer is no, then they ought to Joe Jackson and that controversial to push millions of middle-income fam- help us get this budget tax reconcili- 1919 White Sox team that was branded ilies into the alternative minimum ation bill passed. These are all about the ‘‘Black Sox.’’ tax? If the answer is no, then they growth of the economy. It was clutch hitting and pitching ought to support our reconciliation In the Midwest, farmers—and I am that helped this year’s White Sox beat bill. one of them—have a saying: Don’t eat the Los Angeles Angels of Anaheim, Second, the plan extends the pro- your seed corn. Keep planting seed four games to one, to advance to the growth piece of the 2003 tax relief bill, corn. That makes the economy strong. World Series. In four consecutive play- specifically lower capital gains and The tax relief seeds we planted a few off games this year, White Sox pitchers dividend rates. years ago are yielding, as you can see threw complete games, a record not As the Finance Committee hearing here, a good harvest of revenue to the matched since the 1956 Yankees. showed earlier this year, we got testi- Federal Treasury. Speaking of outstanding pitchers, I mony about how these incentives have What it comes down to is this: We congratulate my colleague, Senator helped the stock market recover. A lot need to take care of legislative busi- BARACK OBAMA. He threw out the open- of folks on Wall Street tell us they ness. We need to continue the tax relief ing pitch in game 2 of the playoffs. Be- have assumed continuation of these promised to the American people and fore that pitch, the White Sox were progrowth tax relief measures in the not let it expire, not let there be an trailing the Angels one game to noth- pricing of stocks. Does the Democrat automatic tax increase. If there is ing. But after Senator OBAMA’s blazing leadership want to play games with going to be an automatic tax increase, pitch, the Sox came back to win four stock prices? If the answer is no, then it ought to be voted by Congress. We games in a row and clinch the Amer- they ought to support our reconcili- ought to have guts enough to increase ican League pennant. Rumor has it ation bill. the taxes. that if the going gets rough in the A third point: Other widely applica- But we are better off with a plan that World Series, the Sox are going to turn ble tax relief benefits are addressed in stops this automatic tax increase. The to BARACK OBAMA if they need a strong our bill. I am talking about these mid- revenue side of the budget is per- southpaw. dle-income tax benefits we already forming fine, as you can see here. The White Sox players will be among the have on the books that would expire. American taxpayer is doing his or her first to tell you: The upcoming World The deductibility of college tuition, share by the tune of $274 billion more Series is not just a tribute to their out- the small savers tax credit, the small coming in this year, 2005, over 2004. standing performance. This historic business expensing—all of these provi- Now is not the time to shortchange the event is a tribute to great White Sox sions are bipartisan. Millions of tax- American taxpayers by raising their players of the past who came so close payers are already relying on them. tax burden, particularly on middle-in- only to fall short. They include Ozzie Does the Democratic leadership want come taxpayers. Guillen, who is now the White Sox to take away the deductible for college I ask my friends in the Democratic manager, and, of course, Frank Thom- tuition from families who send their leadership to please refrain from rais- as, their injured star—both White Sox kids to college? Does the Democratic ing taxes on millions of middle-income stalwarts in the 1980s and 1990s. leadership want to eliminate the small Americans. It is simple: Maintain ex- Most of all, this historic World Series savers credit? Does the Democratic isting levels of taxation. You do that is a reward to the millions of White leadership want to take away expens- by supporting the reconciliation bill Sox fans who have stood by their team ing of equipment from our small busi- that will be coming before this Con- year after year, decade after decade, ness folks and farmers? If the answer is gress shortly. during seasons of 90-plus wins and 90- no, then they should support our rec- f plus losses. onciliation bill. I applaud especially general manager The fourth example is our plan is CHICAGO WHITE SOX ADVANCE TO Kenny Williams for helping to put this going to address expiring business and THE WORLD SERIES great team together; my personal individual provisions that we call ex- Mr. DURBIN. Mr. President, I rise to friends, the owners of the White Sox, tenders because we extend them from speak about a matter of great impor- Jerry Reinsdorf and Eddie Einhorn, for year to year or maybe 2 or 3 years at a tance to the people of the State of Illi- their undying commitment to building time. But they eventually run out. nois. For the first time since 1959, the a championship team on the South These provisions include the research era of the ‘‘Go-Go Sox,’’ the Chicago Side of Chicago. They orchestrated and development tax credit, the State White Sox are headed to the World Se- strategic moves to bring improved sales tax deductibility from the Fed- ries. The White Sox will face the Hous- speed, defense, and pitching to the eral income tax, and the deduction of ton Astros, who last night beat the St. daily lineup in the form of players such teachers’ out-of-pocket expenses. Louis Cardinals and clinched the Na- as Scott Podsednik and Jose Contreras As I noted, the Democratic leader did tional League pennant. We are dis- whose outstanding performance com- not come out and say he would support appointed; an I–55 World Series would plemented veteran Sox such as Amer- taking a look at some of these regular have been great. But the Cards are a ican League playoff MVP Paul Konerko

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23375 and All-Star Game starting pitcher have been greatly diminished. Mr. lives of these and all children, and to Mark Buehrle. Koch is survived by his wife Patricia prevent them from engaging in dan- When spring training opens next Koch and his children, who now carry gerous activities such as underage spring, Illinoisans will once again be on his mission. drinking. divided between Cubs fans, White Sox I am grateful for the achievements of With the launch of Pregunte, fans, and Cardinal fans, too. But today, Mr. William A. Koch and his contribu- Escuche, Aprenda: Los nin˜ os y el alco- we are all pulling for the White Sox as tions to this Nation. Through his re- hol no mezclan!, Hispanic parents and they fight to bring to Chicago the lentless dedication, Mr. Koch has their middle-school-aged children will city’s first baseball World Series cham- helped preserve the legacy of President have access to critical information on pionship in 88 years. For Cardinal red Abraham Lincoln for future genera- the negative consequences of underage and Cubby blue, the choice is black and tions. drinking. The program is designed to white. Go Sox. f reduce underage drinking, particularly f PREGUNTE, ESCUCHE, APRENDA among children ages 9 to 13. The infor- COMMITTEE ON ARMED SERVICES UNDERAGE DRINKING PROGRAM mation is useful for parents, other EXTENSION trusted adults and kids, and includes Mr. SALAZAR. Mr. President, I rise strategies to help facilitate conversa- Mr. FRIST. Mr. President, I ask today to highlight the issue of under- tions about the dangers of underage unanimous consent that a letter dated age drinking. The statistics are star- drinking. October 20, 2005, from myself to Sen- tling. According to the National Insti- It was developed in collaboration ator STEVENS be printed in the RECORD. tute on Drug Abuse, on average, chil- with several national Hispanic organi- There being no objection, the mate- dren first use alcohol around age 12, zations, including the League of United rial was ordered to be printed in the and research tells us that the majority Latin American Citizens, LULAC, the RECORD, as follows: of kids are obtaining the alcohol they Aspira Association, the National U.S. SENATE, drink from family and friends. Accord- ing to Teenage Research Unlimited, 51 Latino Children’s Institute, the Na- OFFICE OF THE MAJORITY LEADER, tional Hispanic Medical Association Washington, DC, October 20, 2005. percent of 13- to 15-year-olds say they and MANA, among others, and is a cul- Hon. TED STEVENS, will face a decision regarding alcohol President pro tempore, in the next 3 months. turally and linguistically adapted Washington, DC. In my State of Colorado, the most re- version of their Ask, Listen, Learn: DEAR TED: At the request of Senator John cent data we have available reveals Kids and Alcohol Don’t Mix program. Warner, Chairman of the Committee on that underage drinking is on the rise. I commend The Century Council and Armed Services, and Senator Carl Levin, Nickelodeon for giving Hispanic par- Ranking Member of the Committee, and pur- In 2003, 21 percent of children ages 12 to suant to section 3(b) of Senate Resolution 400 17 reported having consumed alcohol in ents and children across the Nation of the 94th Congress, as amended by Senate the past month—an increase of 3 per- such a valuable communications tool Resolution 445 of the 108th Congress, I re- cent from the previous year. to initiate those critically important quest an additional five session days, ending In addition, Colorado’s Youth Risk discussions regarding alcohol. October 28, 2005, on their behalf, to enable Behavior Survey, completed by over 700 the Committee on Armed Services to com- Colorado high school students, found f plete its review of S. 1803, the Intelligence Authorization Act for Fiscal Year 2006. that only 19 percent of students have Sincerely yours, never tried alcohol. Conversely, 29 per- LOCAL LAW ENFORCEMENT WILLIAM H. FRIST, M.D., cent reported binge drinking, defined ENHANCEMENT ACT OF 2005 Majority Leader. as having consumed five or more alco- Mr. SMITH. Mr. President, I rise f holic drinks on one or more occasions during the 30 days preceding the sur- today to speak about the need for hate HONORING WILLIAM A. KOCH vey. Tragically, five college students crimes legislation. Each Congress, Sen- Mr. DURBIN. Mr. President, I rise died in Colorado last year due to binge ator KENNEDY and I introduce hate today to honor the late William A. drinking. crimes legislation that would add new Koch for his contributions to pre- As policy makers but more impor- categories to current hate crimes law, serving the memory and legacy of tantly, as parents—these statistics sending a signal that violence of any President Abraham Lincoln’s early life. should alarm us all. As the father of kind is unacceptable in our society. Mr. Koch was a man of vision, integ- two teenage daughters, I worry because Likewise, each Congress I have come to rity, and generosity. Born in Santa I know alcohol abuse is frequently a the floor to highlight a separate hate Claus, IN, Mr. Koch worked throughout precursor to use and abuse of illegal crime that has occurred in our coun- his life to establish the Lincoln Boy- drugs and other dangerous behavior. try. hood National Memorial in order to se- The good news is that parents are the While leaving a bar on March 1, 2004, cure a place to preserve the legacy of leading influence on a child’s decision in Morgantown, WV, three men were Lincoln’s years in Indiana. not to drink alcohol. It is critical that attacked, two of whom are gay. Chris- William Koch headed the effort to in- parents and other trusted adults ini- topher Barnhart and his friends heard corporate the Nancy Hanks State Me- tiate conversations with children about someone use homophobic language to- morial into the National Park Service underage drinking well in advance of ward them. Barnhart was subsequently and led a campaign for the passage of a the first time they are faced with a de- attacked and knocked to the ground, bill to establish the Lincoln Boyhood cision regarding alcohol. suffering two facial fractures. When National Memorial. Mr. Koch’s efforts Earlier this week, my colleagues Barnhart’s friend tried to come to his were so integral to the passage of the from Congressional Hispanic Caucus assistance, he was attacked and suf- bill that he was invited to witness its teamed up with The Century Council fered bruised ribs and a cut ear as a re- signing by President Kennedy on Feb- and Nickelodeon to cast a spotlight on sult. ruary 19, 1962. underage drinking in the Hispanic I believe that the Government’s first Today, visitors from across the coun- community. duty is to defend its citizens, to defend try travel to Indiana where the Visitor We all know that the Hispanic popu- them against the harms that come out Center and Living History Farm reveal lation is growing in the United States. of hate. The Local Law Enforcement the importance of Lincoln’s Indiana In Colorado, Hispanics represent al- Enhancement Act is a symbol that can years in his development from boyhood most 20 percent of the total population. become substance. I believe that by to the man he became. Without the Because the Hispanic community is a passing this legislation and changing dedication of William Koch, the preser- younger community, we have the abil- current law, we can change hearts and vation of Lincoln’s early life would ity and the obligation to influence the minds as well.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23376 CONGRESSIONAL RECORD—SENATE October 20, 2005 HONORING OUR ARMED FORCES ARCTIC REFUGE PROVISIONS IN its part by passing common sense gun BUDGET RECONCILIATION LEGIS- safety legislation and by funding im- LARRY W. PANKEY, JR. LATION portant programs that help to reduce Mr. SALAZAR. Mr. President, I rise Mr. FEINGOLD. Mr. President, last school violence. today to remember the life and sac- month people from across the country According to 2003 statistics from the rifice of a Coloradan who has made us converged on Washington to send a Centers for Disease Control and Pre- all proud: SGT Larry W. Pankey, Jr., clear message to Congress in opposi- vention, more than 950,000 students of Morrison, CO. Sergeant Pankey was tion to drilling for oil in the Arctic Na- take a weapon to school each month, a member of the 467th Engineer Bat- tional Wildlife Refuge. Sadly, yester- resulting in more than 1,400,000 stu- talion, U.S. Army Reserve, based out of day’s action by the Energy and Natural dents being injured or threatened with Mississippi. Resources Committee flies in the face a weapon during the school year. In ad- Sergeant Pankey died earlier this of that grassroots movement. And on dition, every month, an estimated month in support of Operation Iraqi top of this, the committee failed to ac- 840,000 students feel too unsafe to go to Freedom. He was only 34. He died serv- cept commonsense amendments that school. This is a problem which left ing this country with courage, self sac- would have required that drilling in unaddressed will continue to hold chil- rifice and dignity, gifts which we as a the Arctic follow the same rules as dren back from reaching their full edu- nation are profoundly grateful to re- drilling in all other wildlife refuges, in- cational potential. ceive. sisted that oil taken from the refuge Statistics cited by the PAX organiza- tion, one of the organizers of National Sergeant Pankey is not alone in this stay in the hands of Americans, and guaranteed what Senators have been Safe Schools Week, indicate that in 81 sacrifice. Across Colorado and Amer- percent of the school shootings in our ica, men and women have answered the told all along—that 50 percent of the revenues from leases would go to the country, the attackers told other stu- call and risen on our behalf. They have dents of their plans prior to the attack. not done so for glory or recognition, Federal Treasury, despite public sug- gestions by Members of the Alaska del- Further, students are responsible for but because they share the funda- tipping off school authorities in 93 per- mental belief that freedom and liberty egation that the State would sue to get 90 percent of all revenues. cent of the cases where weapons are are worth fighting for. They have come confiscated from students at school. To from farms and ranches in places like There is no doubt that as a nation, we face tough questions about our en- strengthen this fact, PAX created the Colorado’s eastern plains and apart- Speak Up Campaign. The centerpiece ment buildings in cities like Denver, ergy policy. Sacrificing one of Amer- ica’s greatest natural treasures, how- of the campaign is a national hotline, from living rooms and bedrooms and 1–866–SPEAK-UP, where children and classrooms across this country. ever, to access a supply of oil that may not last more than a year, wouldn’t be teenagers can call to anonymously re- The sons and daughters of America available for many years to come, and port threats involving weapons at their have stood united to defend our way of would decrease gas prices by only a school. Since the creation of the hot- life and the values that we all share. penny at its highest production, is sim- line in 2002, the Speak Up Campaign The call to a service greater than their ply not the answer. A responsible, well- has received more than 7,000 calls own self interest has motivated them thought-out national energy policy which were then passed along to appro- to risk their lives. All too often, we are that moves us away from our depend- priate law enforcement officials. unable to repay them for the sacrifices ence on a finite resource such as oil is School violence threatens to put our that they make. the answer, and I regret that we don’t children’s safety and ability to learn in Next month we will recognize Vet- have such a policy. To support our en- jeopardy. Our Nation’s schools need erans Day. It will be marked by patri- ergy needs, care for our citizens, en- our help to combat this ongoing prob- otic speeches and parades, a solemn courage a vibrant economy, and meet lem. To start, we should adequately recognition of those veterans who are our stewardship responsibilities to fu- fund Federal grant programs like still with us and those servicemembers ture generations, we must take a vari- COPS. COPS hiring grants have been who have been lost. And rightfully so. ety of steps, including investing in used to hire more than 6,500 school re- But we should not lose sight of the fact American ingenuity, advancing our source officers since 1999. These offi- that every day there are still families commitment to conservation, and in- cers help ensure a safe environment in grieving and remembering. creasing our use of renewable sources and around our schools and collaborate To Sergeant Pankey’s wife and of fuel. with the school community to more ef- daughter in Morrison and his mother in As we now move from the commit- fectively deal with school violence Louisiana, and all of the families and tee’s reconciliation recommendation to issues. We should also support common friends left behind in the wake of a sol- floor debate of the larger budget rec- sense gun storage requirements to dier’s death, we can only offer our onciliation package, I will work to make it more difficult for children and humble thanks on behalf of this Na- make sure that we do not discard the teenagers to access guns and ammuni- tion. We are forever in your debt and legacy of protecting the Arctic Refuge tion. Recently, I joined with 69 of my will always remember the extraor- that dates back to President Eisen- colleagues in voting for an amendment dinary price you have paid on our be- hower in 1960. offered by Senator KOHL that would re- half by offering up your sons and f quire licensed dealers, manufacturers, daughters. We will keep you in our NATIONAL SAFE SCHOOLS WEEK thoughts and prayers. and importers to include a safe gun Mr. LEVIN. Mr. President, October storage or gun safety device with every With that in mind, I want to end with 16–22 is National Safe Schools Week. handgun they sell. Use of such storage a quote from the Bible upon which I School violence, or even the threat of devices could help prevent a child or sometimes reflect when I am thinking school violence, in too many of our teenager from acquiring a gun that about our men and women in uniform. schools instills fear in our students, they might use to injure or kill an- Matthew 5:9 reminds us: ‘‘Blessed are and limits their ability to learn. It also other student at school. Hopefully, the peacemakers: for they shall be can threaten and intimidate teachers Senator KOHL’s amendment will be- called the children of God.’’ and make instruction more difficult. come law. Right now across the world, the National Safe Schools Week is in- School violence has always posed a members of our Armed Forces like Ser- tended to raise awareness of school threat to students and teachers, but le- geant Pankey stand watch on our be- safety issues and empower students, thal and easily concealable guns have half. They are these very peacemakers, parents, teachers, and parents to do escalated the problem. Gun violence, and their place will always be reserved what they can to prevent violence in not only affects students at a par- in our hearts. their schools. Congress should also do ticular school, it has a rippling effect

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23377 on students at schools in the same Montana ranch, to encourage them to tirely closed to U.S. beef. U.S. beef pro- county, State, and in some cases, the lift the ban. And I have urged Presi- ducers were permitted to export only entire country. I urge my colleagues to dent Bush, Agriculture Secretary six ounces per Japanese citizen per join me in supporting efforts to reduce Johanns, U.S. Trade Representative year, a piddling amount. The excuse the threat of violence, especially gun Portman, and other senior administra- then was that Japanese intestines were violence, to our schools. tion officials to make lifting the Japa- somehow ‘‘different’’ and therefore un- f nese ban on U.S. beef a top priority. suitable to digesting American beef. At first, I was encouraged by what I didn’t accept that ridiculous ex- CONTINUED JAPANESE BAN ON appeared to be steps that Japan was cuse. Instead, I pushed hard for legisla- U.S. BEEF taking to lift this ban. The United tion that would penalize Japanese im- Mr. BAUCUS. Mr. President, I rise States and Japan even signed an agree- ports. Soon thereafter, the Japanese today to express deep frustration over ment in October 2004 to remove the opened their market to U.S. beef. Japan’s unwillingness to lift its ban on ban. At that time and since, I was re- And I don’t accept this excuse. U.S. beef. My patience—and the pa- peatedly assured by Japanese officials f that, under this agreement, the Japa- tience of many of colleagues in this THE 15TH ANNUAL WALLENBERG nese government would set up a ‘‘sci- chamber—has run out. The time for MEDAL talk and empty promises is over. entific’’ process to determine when and I have long been, and remain, a friend how to resume imports of U.S. beef Mr. LEVIN. Mr. President, last Tues- of Japan. I first visited that country products. day evening, the University of Michi- many years ago as a student and was It is now one year later, and still gan presented Paul Rusesabagina with deeply touched by the kindness ex- nothing. Instead, it now looks to me its 15th Annual Wallenberg Medal. As tended to me by the people of Japan. In like that Japan’s administrative proc- my colleagues may remember, Mr. over 30 years in Congress, I have ess has become an exercise of smoke Rusesabagina was the subject of the worked hard to strengthen our trade and mirrors. Japan says the right movie ‘‘Hotel Rwanda.’’ The Wallenberg Medal is named for and economic ties. I have watched things. But its action—or actually in- University of Michigan alumnus and proudly as the U.S.-Japan economic re- action—has been far more telling. humanitarian Raoul Wallenberg. After lationship has grown and prospered. Let me assure my Japanese counter- receiving his degree in architecture in Times have not always been easy. I parts, there is no higher quality, safer, 1935, he spent time in several jobs in have engaged closely on U.S.-Japan or better tasting beef in the world. I South Africa and Palestine before mov- issues through good times and through eat it. My family eats it. Japanese visi- ing to Sweden in 1941 to work for a periods of great strain. But even in the tors to the United States eat it. Japa- Jewish Hungarian businessman named most difficult times, I have made every nese students living in the United Kalman Lauer. Lauer operated an ex- effort to roll up my sleeves and work States eat it. Many beef eaters around port-import firm which did business in through problems in order to ensure the world prefer and consume U.S. beef. Yet, despite scientific proof of the safe- Central Europe, a large portion of that our trade relationship with Japan which took place in Hungary. As the works for the people of Montana and ty of U.S. beef, there has been no qual- ity Montanan or other American beef Nazis continued to gain power in Eu- the United States. rope, Lauer found it increasingly dif- By and large, that relationship imported into Japan in almost 2 years. I can no longer accept assurances ficult to travel and turned over control works, and it works well. In trade, one from the Japanese government that it of his foreign division to Wallenberg. of our crowning achievements together will lift the ban. Montana’s ranchers In 1944, Wallenberg was approached by has been the construction of a rules- have heard enough vague promises dur- the American War Refugee Board to based multilateral trading system— ing the last two years. We’re fed up. take part in a plan to assist Jews in first through the General Agreement The time for idle promises is over. It is Budapest who were in danger of falling on Tariffs and Trade, and now through now time for action. victim to the holocaust. the World Trade Organization. Without I therefore call upon the United Wallenberg agreed to take part in the Japan’s leadership and cooperation States Trade Representative to sanc- project and was sent to Budapest as a during the Tokyo Round, the Uruguay tion Japan for maintaining its ban on representative of the Swedish Govern- Round, and now in the Doha Round, it U.S. beef. The United States should im- ment. In Budapest, Wallenberg hired would have been difficult—if not im- pose sanctions on Japanese products several hundred Jews to staff his office, possible—to craft the important rules imported into the United States in an bringing them under the diplomatic that govern world trade. amount equal to the losses suffered by protection of Sweden. Additionally, he It is therefore with bitter disappoint- the U.S. beef and cattle industries. created a new official looking Swedish ment that I stand here today on the This is a blunt instrument. But it ap- passport, known as the ‘‘Schutzpass.’’ Senate floor to draw attention to Ja- pears to be the only recourse left. I will Wallenberg gave the Schutzpass to pan’s failure to play by the rules that no longer sit by and watch Japan flout thousands of Hungarian Jews and said it helped to create. Japan has banned its international trade obligations be- that it granted the holder immunity U.S. beef from its market since Decem- hind the smokescreen that it is en- from Nazi deportation. The Schutzpass ber 2003. That ban—almost 2 years gaged in a lengthy ‘‘process’’ to lift the deceived the Nazis and may have saved old—costs the U.S. cattle and beef in- ban. the lives of as many as 20,000 Jews. dustries hundreds of millions of dollars Sanctioning Japan without resort to Wallenberg is also known to have each month. That ban puts at risk jobs WTO dispute settlement is not ideal. rented 32 buildings in Budapest, which in American ranches. And that ban— It’s not how the WTO is supposed to he declared to be under the diplomatic with absolutely no basis in science—is work. But U.S. beef producers should protection of the Swedish Government. unsustainable under international not be forced to wait the years it would Using his architectural education from trade law. take to complete a WTO case. They the University of Michigan, he took In the 2 years since the ban was put have waited long enough. I will not space designed to hold no more than in place, I have traveled to Japan to wring my hands over legal niceties 5,000 people and turned it into housing meet personally with Japan’s trade and when the livelihoods of ranchers in for more than 35,000 Jews. These ‘‘safe agriculture ministers to argue for lift- Montana and across the United States houses’’ provided a refuge of last resort ing the ban on U.S. beef. I have met are at stake. for thousands who would have other- with the Japanese ambassador to press In my experience, the only thing that wise disappeared into Nazi death Japan to lift its ban. I have taken sen- will get the Japanese to act is leverage. camps. ior officials from Japan and other And sanctions are leverage. There are numerous stories of Wal- countries that ban U.S. beef to Mon- We have been here before. In the late lenberg’s courage and heroism through- tana, and fed them Montana beef on a 1980s, Japan kept its market almost en- out the last few years of World War II.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23378 CONGRESSIONAL RECORD—SENATE October 20, 2005 Despite repeated threats and attempts in the violence. In all, Paul In the final match, the Bulls’ preci- on his life, he persevered and continued Rusesabagina and the Hotel des Mille sion game denied the opposing Boston his work to save as many Jews as pos- Collines protected the lives of more team any serious scoring opportuni- sible. Wallenberg is best known for than 1,200 people during the genocide. ties. Katrina Chong’s goal in the first skillful negotiation and fearless con- Prior to the award ceremony last half off an assist by Alana Wall would frontation of Nazi soldiers who threat- Tuesday, Paul Rusesabagina was re- be the game’s only score. ened the safety of those he was work- united with one of the many who took The Honolulu Bulls Soccer Club (’88 ing to protect. Tragically, Wallenberg shelter at the Hotel des Mille Collines. Girls) team members are: Lucy Caires, disappeared soon after Soviet soldiers According to reports, Thomas CiAnna Chun-Ming, Kelsi Chan, took control of Budapest. Kamilindi was working as a journalist Katrina Chong, Devin Council, Caycie While the circumstances surrounding in Kigali when violence broke out in Gusman, Allison Haines, Jaymie Wallenberg’s disappearance are still 1994. Kamilindi, his pregnant wife and Honold, Ashley Kanda, Lauren Kanda, unclear, the tens of thousands of Jews young daughter stayed at the hotel for Sophia Merrifield, Marisa Schoen, he saved from certain death will never a month and a half until they were Carly Wachi, Alana Wall, Lindsey forget his brave actions. The Univer- evacuated. Kamilindi credits Paul Watanabe, Jordan Weeks, Jenna Wong, sity of Michigan created the Wallen- Rusesabagina with saving his life and Kiani Wong, and Marie Yempuku. The berg Medal in 1990 to honor his memory the lives of his family. The meeting team is coached by Phil Neddo, Craig and recognize other outstanding hu- last Tuesday was the first since Nosse, and Robin McCullough. manitarian leaders. Each year the Kamilindi and his family were evacu- I congratulate the Honolulu Bulls Wallenberg Medal is presented to an in- ated more than 10 years ago. Following Soccer Club (’88 Girls) on their thrill- dividual who has exhibited extraor- their meeting, Kamilindi said, ‘‘It was ing run to the top of their sport, and I dinary respect for human rights on be- very emotional for him and for me. I wish all of them the best in their fu- half of those subjected to persecution. am still alive because Paul was there.’’ ture endeavors, in life and on the play- Medal recipients are chosen to honor Kamilindi is currently a Knight-Wal- ing field. And I extend the same con- their self-sacrifice, integrity, and cour- lace Journalism Fellow at the Univer- gratulations to all players and coaches age in standing up to an oppressive ma- sity of Michigan where he is studying who participated in this year’s U.S. jority. Following the presentation, the representations of violence in the Club Soccer National Cup IV Finals on Wallenberg Medal recipient is invited media. a job well done.∑ Paul Rusesabagina’s courageous ac- to address an audience of students, fac- f ulty, and members of the community tions closely resemble those of Raoul regarding their experiences and hu- Wallenberg 50 years before. Both men LEVI LEIPHEIMER APPRECIATION manitarian work. Past Wallen- stood in the face of great adversity to DAY berg Medal recipients include the Dalai protect those who were not able to pro- ∑ Mr. BAUCUS. Mr. President, I rise Lama, Nobel-laureate and holocaust tect themselves. Like Wallenberg, today to honor an outstanding Mon- survivor Elie Wiesel, civil rights leader Rusesabagina provided a shelter of last tanan. Today in the city of Butte, MT, and Congressman John Lewis, and resort to innocent civilians facing per- citizens are taking to the streets in other extraordinary humanitarians. secution, many of whom he did not honor of Levi Leipheimer. In fact, Oc- This year’s Wallenberg Medal recipi- know personally prior to the violence. tober 20 is officially Levi Leipheimer ent Paul Rusesabagina has certainly In addition, both men fought off poten- Appreciation Day in Montana. exhibited qualities worthy of such a tial violence not by meeting force with To say that Levi Leipheimer is a high honor. Rusesabagina was the man- force, but by using persuasion, influ- competitive cyclist is an understate- ager of the Hotel des Mille Collines in ence, and negotiation instead. ment. Levi is an established leader in I thank the University of Michigan Kigali, Rwanda in 1994 when the assas- the world of cycling. Under his belt, he for adding to the legacy of Raoul sination of Rwandan President Juvenal has three top ten finishes in the Wallenberg by recognizing the con- Habyarimana pushed an already tense world’s biggest cycling race, the Tour tributions of other great humani- situation in the country over the edge. de France. This year, he placed sixth in tarians like Paul Rusesabagina. I know Radical ethnic Hutus began rounding the Tour, and also won the Tour de my colleagues will join me in con- up and murdering their Tutsi rivals as Germany. This is an incredible accom- gratulating Paul Rusesabagina on this well as other moderate Hutus who did plishment. I am proud that Levi grew great honor. not support their actions. It is esti- up riding on the hills of Montana. mated that nearly one million people f Today, Levi is returning to Butte for were killed in the violence in only 100 ADDITIONAL STATEMENTS the first time in roughly 4 years. The days. people of Butte are honoring him with Paul Rusesabagina did not stand by a bike parade and street festival. and watch as his countrymen were CONGRATULATING HAWAII’S Levi is an inspiration to the next murdered. As a well-connected Hutu, NATIONAL SOCCER CHAMPIONS generation of Montanans, and today by Rusesabagina was spared persecution. ∑ Mr. AKAKA. Mr. President, I rise to riding alongside in the streets of Butte, However, his wife, a Tutsi, and his chil- congratulate our National Champion- he will show them that through dedica- dren were not safe. He moved them ship soccer team from Hawaii, the Hon- tion and hard work, anything is pos- from his home to the Hotel des Mille olulu Bulls Soccer Club (’88 Girls) team sible. Collines where he believed they would which won the U17–Girls U.S. Club Na- I am very proud of Levi Leipheimer be safer. As the violence intensified, he tional Cup in Stony Brook, NY, on Au- and all that he has achieved. He has opened the hotel to hundreds of other gust 8, 2005. In an exciting final match, made both myself and the State of Rwandans, Hutu and Tutsi alike, who the Bulls defeated the Boston Rene- Montana very proud. We look forward were seeking to escape the violence gades, 1–0 at the Stony Brook Soccer to watching him compete in the years outside. In the following months, there Complex. to come.∑ were numerous attempts to force those The Bulls advanced to the national f at the hotel out into the streets of championship tournament by winning Kigali. Each time, Rusesabagina used a regional tournament in Las Vegas IN MEMORY OF CORA GAY his international connections through earlier this year. At the national tour- ∑ Mr. CHAMBLISS. Mr. President, I the hotel or with the Rwandan mili- nament, the Bulls earned a spot in the rise today to honor Mrs. Cora Gay, a tary in combination with keen negotia- championship game by going resident of Albany, GA, who passed tion skills to spare the lives of those he undefeated in pool play, beating teams away on September 25, 2005. Mrs. Gay was caring for. Amazingly, no one who from Georgia and Pennsylvania and was a devoted wife and mother who took shelter inside the hotel was killed tying with a team from California. touched many lives with her positive

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23379 and compassionate personality. She worked to improve the Head Start pro- ure to work with; her wonderful sense married the love of her life, Quincy gram by increasing funds dedicated to of humor and a reassuring smile en- Gay, on December 1, 1929, and they strengthening the quality of Head courages everyone in her presence. celebrated their 75th anniversary this Start and maintaining its comprehen- After she retires, those of us fortunate past December. During their marriage, sive approach to helping our poorest enough to have known and worked they raised three sons and a daughter. children and families. Mary was the closely with Mary will dearly miss her They also have 17 grandchildren, 18 driving force behind the Act for Better keen understanding of policy, her great-grandchildren, and 2 great-great- Child Care and worked overtime to gentle manner and, most importantly, grandchildren. help build support for the Family and her deep commitment to children. Mil- Mrs. Gay graduated from Albany Medical Leave Act. lions more whose her work she has State University in 1948 with a degree I had the pleasure of continuing to touched—though they may never know in elementary education. She then work with Mary when she became Dep- her name—will miss the rare combina- spent the next 25 years of her career in- uty Assistant Secretary for Legislation tion of caring and talent that Mary spiring and bringing out the best in her with the Health and Human Services brought to her hard work on their be- students in the Miller and Dougherty office under Secretary Shalala. Mary half. County school systems. She was a was endlessly positive and always on Long after her retirement, Mary will member of many organizations while the search for solutions. As she was al- remain an inspiration for our efforts as teaching, including: Dougherty County ways upbeat, it was a genuine pleasure we continue the fight for America’s Teachers League; president of the to work with her. Mary seemed to most vulnerable children.∑ Dougherty County 2nd Grade Edu- wake up every day believing that it cators; Georgia Association of Edu- held an opportunity to make the world f cators; National Education Associa- better for children. RECOGNIZING DR. WILLIAM T. She played a critically important tion; Association of Classroom Teach- SMITH ers and the National Council of English role in the enactment of the Adoption Teachers. In 1962, she was named and Safe Families Act, which helped to ∑ Mrs. CLINTON. Mr. President, I ‘‘River Road Elementary Teacher of realize the goals of safety, permanence would like to take this opportunity to the Year’’ and was named as an ‘‘Out- and well-being for tens of thousands of recognize an outstanding leader in the standing Elementary Teacher of Amer- children in the child welfare system. field of long-term care and aging serv- ica’’ in 1972. She retired from teaching During the negotiation of this bill at ices. Dr. William T. Smith is the out- in 1973 and had a youth award named the very end of the congressional ses- going chair of the American Associa- after her in 1991. sion in 1996, Mary was the Clinton ad- tion of Homes and Services for the Cora’s passions were cooking, sewing, ministration’s lead diplomat on Cap- Aging, AAHSA, and I congratulate him reading, playing scrabble, and helping itol Hill. I was keenly interested in the on what has been accomplished during others. She was always there to pro- passage of this legislation, and Mary his 2-year term. vide comfort and strength to members worked diligently, keeping me in- AAHSA serves 2 million people every of her family and others in her commu- formed every step of the way and late day through mission-driven, not-for- nity when they were in need. On Sep- into the night, as was her usual style, profit organizations dedicated to pro- tember 25 we lost a truly fine Georgian to forge a bipartisan compromise. viding the services people need, when and great American. I commend her to While serving as Deputy Assistant they need them, in the place they call her family, friends, and colleagues as Secretary, Mary help lead the extraor- home. AAHSA provides a continuum of an example of a life fully and success- dinary effort to expand the child care aging services ranging from assisted fully lived.∑ and development block grant, CCDBG, living residences, continuing care re- tirement communities, and nursing f ensuring that this bill included ade- quate funding for low-income families. homes to home and community based HONORING MARY BOURDETTE She was also deeply involved in the programs, and senior housing. AAHSA ∑ Mrs. CLINTON. Mr. President, I am dramatic expansion of the earned in- is committed to creating the future of delighted today to honor Mary come tax credit, EITC, a credit that aging services through high-quality Bourdette, a woman who has dedicated provides crucial income support to mil- people can trust. her working life to improving the lives lions of low-income individuals and Under Dr. Smith’s chairmanship, of disadvantaged children and families. families. Since its inception, the EITC AAHSA has taken a leadership role in Over the past three decades, Mary has been hailed as one of the most ef- changing the culture of long-term care has served as a tireless and extremely fective antipoverty policies ever cre- toward providing consumer oriented effective advocate for our Nation’s ated, and Mary was integral to its suc- services in the most appropriate set- most vulnerable children. Our country cess. tings. An important element has been is in her debt, and for her passion, com- Most recently, I had the pleasure of the Quality First Initiative, under mitment, service, and good humor, she partnering with Mary in her capacity which AAHSA members commit to will be dearly missed when she retires. as director of government relations for continuous quality improvement in Early in her career, Mary worked in Parents Action for Children. Together clinical care, leadership, governance, Washington, DC, with the Legal Serv- we sought to highlight the dangers of accountability, and several other ele- ices Corporation, an organization that exposure to violent and explicit video ments of quality care. Dr. Smith has provides high quality legal services to games to children. As she has been overseen the appointment of an inde- low-income people throughout the throughout her career, Mary was pendent National Commission on Qual- United States. She then went to work acutely focused on protecting children ity Long-Term Care, which will evalu- for the Child Welfare League of Amer- and empowering parents. I knew from ate the quality of long-term care, iden- ica, CWLA, as the director of public working with Mary in the past that her tify factors influencing the ability to policy. In this role, Mary was a com- involvement in this endeavor would improve quality of care nationally, and mitted champion as she worked mas- not only ensure that it was done well make recommendations about national terfully and persistently to seek and but that working with her would be a efforts for sustainable quality improve- implement policy improvements for real joy. ment. abused and neglected children. Any one who has had the pleasure of Dr. Smith’s term as chair has also Mary then took her passion and tal- working with her would agree that seen the development of the Center for ent to the Children’s Defense Fund, Mary is not only consistently creative Aging Services Technology, a major CDF, where she served as a powerful but also proactive and determined to new initiative bringing together re- ally to children for 8 years. I first got improve the lives of our Nation’s young searchers from universities, technology to know Mary at CDF where she people. Mary has always been a pleas- companies, facility administrators and

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23380 CONGRESSIONAL RECORD—SENATE October 20, 2005 government representatives. The cen- served on the staff of The Echo as a Mr. Teague has dedicated both his ter focuses on the application of tech- student, Ms. Grubb went on to earn a professional career and personal time nology to provide aging services more Bachelor of Arts degree in Mathe- to generating blood donations and en- effectively and affordably and to en- matics from Indiana University and a couraging others to give the gift of life. able older Americans to maintain max- Master of Science degree in Journalism I ask my colleagues to join me in hon- imum independence, regardless of the from Northwestern University. Ms. oring his accomplishments and wishing setting in which they live. Grubb began her teaching career in Mr. Teague well in all his future en- In addition to serving as AAHSA’s Sanborn, IN, before moving on to teach deavors.∑ chair, Dr. Smith is the president and in Crawfordsville for 17 years and then f chief executive officer of Aging in finally settling at our alma mater DON OVERMAN: RURAL AIRPORT America, Inc., in Bronx, NY. Aging in where she taught until her retirement CHAMPION America is the parent corporation of in 1970. Aging in America Community Serv- Ms. Grubb has always been an active ∑ Mr. NELSON of Nebraska. Mr. Presi- ices, AIA Supportive Services, Hertlin member of the Shortridge High School dent, I am here today to honor a fellow House, Morningside at Home, and alumni community. As publications ad- Nebraskan, Don Overman, who has Morningside House Nursing Home, visor, Ms. Grubb organized the 50th an- made a significant contribution to whose roots date back to the 1850s. To- niversary celebration of The Echo. She maintaining commercial airline service gether, these facilities provide nursing, also has worked to gather names and in rural Nebraska. social services, adult day services, re- contact information for the Shortridge Mr. Overman is a former mayor of habilitation, pharmaceuticals, recre- High School Alumni Association so Scottsbluff, NE and currently serves as ation, and pastoral care annually to that each of us can stay closely in Chair of the Western Nebraska Re- over 5,000 seniors and their families. touch with our friends and classmates. gional Airport Authority Board in All are nonprofit, nonsectarian agen- Following her retirement, Ms. Grubb Scottsbluff. For nearly two decades in cies. Aging in America is another ex- worked with the Indiana Historical So- his various roles Mr. Overman has dedi- ample of the way in which the field of ciety to compile a complete history of cated himself to assuring that Nebras- long-term care and aging services must our alma mater. kans are not deprived of having access both diversify and integrate to provide I know that each of our fellow alum- to passenger airline service. a seamless continuum of options to to- ni and I are thankful for the remark- It can be hard for those who have morrow’s seniors. able impact Ms. Grubb has had as a never lived in sparsely populated areas Dr. Smith has been in the field of so- member of the Shortridge community of this country to understand just how cial work since 1971, with the last 27 and we look forward to many more op- difficult it is to provide services that years dedicated to the field of geron- portunities to benefit from her experi- people in large urban areas take for tology. He is a licensed nursing home ence as she begins her 103rd year and granted, such as airline service. administrator, a certified social work- continues to bring joy to those around In large urban areas, there is never a er, and a certified retirement housing her. question whether citizens will have professional. He clearly has been recog- I appreciate this opportunity to con- ready access to airline service because nized both locally and nationally as an gratulate Ms. Jean Grubb on this sig- of the economies of scale where ex- expert on gerontological issues. nal honor and wish her continuing good penses are offset by a large number of Within the next decade, the baby health and happiness among her many users. In lightly populated areas where boom generation will move into retire- there are fewer customers, the econ- ment and approach the ages at which friends in the Indianapolis commu- nity.∑ omy of scale can be nonexistent. older adults generally come to need as- For instance, at the Western Ne- sistance with health care, housing, and f braska Regional Airport in Scottsbluff, supportive services. Many baby HONORING BILL T. TEAGUE NE, they struggle to board 10,000 air- boomers already face these issues as ∑ Mrs. HUTCHISON. Mr. President, I line passengers per year. Compare that their parents age. Dr. Smith’s years of wish to pay tribute to Bill T. Teague to Hartsfield-Jackson Atlanta Inter- experience and his leadership in and vi- upon his retirement as president and national Airport in Atlanta, GA, which sion for the field of aging services will chief executive officer of Gulf Coast is the busiest airport in the world and continue to serve seniors and policy- Regional Blood Center in Houston, TX. boards, on average, nearly 10,000 pas- makers well as we prepare for the fu- Mr. Teague is a State, national, and sengers per hour. Even with 10,000 pas- ture of aging in America. Again, I con- international leader in blood banking sengers per year, the Western Nebraska gratulate him on his many accomplish- and transfusion medicine management. ments as outgoing chair of the Regional Airport is the third busiest During his 31-year tenure, the non- AAHSA.∑ airport in Nebraska. profit Gulf Coast Regional Blood Cen- Residents of the Nebraska Panhandle f ter has become one of the most re- who use Scottsbluff’s Western Ne- TRIBUTE TO MS. JEAN GRUBB spected blood banking facilities in the braska Regional Airport are taxpayers, ∑ Mr. LUGAR. Mr. President, I rise country, currently serving more than just as certain as those who use Atlan- today to congratulate a distinguished 220 healthcare institutions in the 24- ta’s Hartsfield-Jackson and, as such, Hoosier and mentor of mine, Ms. Jean county Texas gulf coast and east Texas deserve to have convenient access to an Grubb, on being honored with a Life- regions. Prior to this position, he airport. time Achievement Award from the In- served as director of the Community The economy of scale makes conven- diana High School Press Association on Blood Bank in St. Petersburg, FL, and ient access a challenge. It is a chal- October 21, 2005. Ms. Grubb, an algebra director of the Travis County Medical lenge that Don Overman has accepted. teacher and publications advisor for 46 Society Blood Bank in Austin, TX. A As Chair of the Airport Authority years, touched hundreds of lives with past president of both the South Cen- Board, he has worked tirelessly to in- her kindness and concern for the well tral Association of Blood Banks and crease boardings so Western Nebraska being of her students. I fondly remem- the American Association of Blood Regional Airport can be considered a ber the time we spent working closely Banks, and a former treasurer of the primary airport and remain eligible for together on The Shortridge Daily American Blood Commission, Mr. Federal funding. I have worked person- Echo. While I hold those memories Teague is also active in a number of ally with him and can attest to his per- dear, I am only one of the many stu- professional organizations. He has re- severance and dedication. dents that benefited from her wise ceived numerous honors throughout his Under his leadership, Western Ne- counsel and generous nature. career and has been recognized, due to braska Regional Airport will exceed After graduating from Shortridge his involvement and service, as a lead- 10,000 boardings this year for the first High School in 1920, where she also er in the Houston community. time since 2001. This is a significant

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23381 achievement which is not only impor- to her newborn grandson. Jackie’s The message also announced that the tant to the flying public but to eco- daughter became addicted to crack co- House has passed the following bill, in nomic development in lesser populated caine and left Jackie to care for her which it requests the concurrence of areas of Nebraska. Airports provide a four children. the Senate: vital link for business to ensure that Times got even harder for Jackie H.R. 554. An act to prevent legislative and those Nebraska communities remain when her husband of 38 years died and regulatory functions from being usurped by competitive in attracting new opportu- his retirement benefits ceased. Jackie civil liability actions brought or continued nities. was left to care for her four grand- against food manufacturers, marketers, dis- Among other achievements of Don children’s growing needs with even less tributors, advertisers, sellers, and trade as- Overman and the Western Nebraska money. sociations for claims of injury relating to a person’s weight gain, obesity, or any health Regional Airport Authority Board is Today, Jackie is well known in the condition associated with weight gain or the construction of a new $4.2 million Denver community as a strong advo- obesity. terminal of which $2.7 million was cate for grandparents and other kin The message further announced that funded through the Federal Airport Im- raising relatives’ children. She was a the House disagree to the amendment provement Program and $1.5 million leader in advocating for more financial of the Senate to the bill H.R. 2744 mak- was secured through local funding. and emotional support for the thou- ing appropriations for Agriculture, This is a new facility to replace the sands of other people who find them- Rural Development, Food and Drug Ad- current terminal which dates back to selves in the same situation. Although ministration, and Related Agencies for World War II. As Mr. Overman has ob- it has been physically, emotionally, the fiscal year ending September 30, served in the past, the first image peo- and financially taxing, Jackie never 2006, and for other purposes, and agree ple see when they arrive in a commu- complains—she simply continues to to the conference asked by the Senate nity is the airport. That first impres- work hard to provide a better life for on the disagreeing votes of the two sion creates their feelings about the herself and her grandchildren. Houses thereon; and appoints the fol- community. Thanks to Mr. Overman’s Grandparents and other relative lowing Members as the managers of the hard work, that first impression will be caregivers such as Jackie often provide conference on the part of the House: a positive one which will help attract the children in their care the best Mr. BONILLA, Mr. KINGSTON, Mr. economic development and growth to chance for a loving and stable child- LATHAM, Mrs. EMERSON, Mr. GOODE, the area. hood. Unfortunately, their hard work Mr. LAHOOD, Mr. DOOLITTLE, Mr. ALEX- Mr. Overman, who is often referred to and dedication often goes unnoticed. ANDER, Mr. LEWIS of California, Ms. fondly as Mr. Scottsbluff or Mr. Air- Today I offer my formal acknowledge- DELAURO, Mr. HINCHEY, Mr. FARR, Mr. port, will be recognized Saturday, Oc- ment and deepest appreciation for the BOYD, Ms. KAPTUR, and Mr. OBEY. tober 29, 2005, when the new terminal is ongoing service of these caregivers to dedicated and named the ‘‘Donald E. our country and to our Nation’s most f ∑ Overman Terminal.’’ It is a well-de- valuable asset, our children. MEASURES READ THE FIRST TIME served honor for a man whose achieve- f ments in the past have earned him rec- The following bills were read the first ognition as the Scottsbluff Star-Herald MESSAGE FROM THE HOUSE time: Newspaper’s Citizen of the Year and DURING ADJOURNMENT H.R. 554. An act to prevent legislative and Citizen of the Century in Government. regulatory functions from being usurped by I would like to extend my sincere civil liability actions brought or continued ENROLLED BILL SIGNED congratulations to Don Overman on against food manufacturers, marketers, dis- tributors, advertisers, sellers, and trade as- this historic occasion. Thanks to him Under authority of the order of the Senate of January 4, 2005, the Sec- sociations for claims of injury relating to a and the Western Nebraska Regional person’s weight gain, obesity, or any health Airport Authority Board, citizens of retary of the Senate, on October 19, condition associated with weight gain or the Nebraska Panhandle and sur- 2005, during the adjournment of the obesity. rounding States will have a modern Senate, received a message from the S. 1904. A bill to provide elementary and new building and continued access to House of Representatives announcing secondary education assistance to students commercial airline service.∑ that the Speaker has signed the fol- and schools impacted by Hurricane Katrina. f lowing enrolled bill: f H.R. 3971. An act to extend medicare cost- RECOGNIZING GRANDPARENTS sharing for qualifying individuals through EXECUTIVE AND OTHER AND OTHER KIN RAISING REL- September 2007, to extend transitional med- COMMUNICATIONS ATIVES’ CHILDREN ical assistance and the program for absti- The following communications were ∑ Mr. SALAZAR. Mr. President, I rise nence education through December 2005, to laid before the Senate, together with provide unemployment relief for States and today to discuss an issue of great im- individuals affected by Hurricane Katrina, accompanying papers, reports, and doc- portance that receives far too little at- and for other purposes. uments, and were referred as indicated: tention. Across the country, more than Under authority of the order of the EC–4297. A communication from the Acting 6 million children live in households Senate of October 19, 2005, the enrolled Assistant Secretary, Legislative Affairs, De- headed by either a grandparent or an- partment of State, transmitting, pursuant to bill was signed subsequently on yester- other relative. About 2.5 million of law, the Accountability Review Board’s re- day, October 19, 2005, by the Majority these children live in homes without port relative to the December 6, 2004 attack Leader (Mr. FRIST). either parent present. Regardless of the by armed terrorists on the U.S. Consulate in myriad reasons children enter relative f Jeddah, Saudi Arabia; to the Committee on Foreign Relations. care whether it is the death of a par- MESSAGE FROM THE HOUSE EC–4298. A communication from the Acting ent, neglect, or substance abuse it is At 3:57 p.m., a message from the Assistant Secretary, Legislative Affairs, De- never the fault of the child. I commend House of Representatives, delivered by partment of State, transmitting, pursuant to grandparents and other relatives who Mr. Hays, one of its reading clerks, an- law, the Accountability Review Board’s re- step forward to care for these children, port relative to the January 29, 2005 rocket nounced that the House has passed the attack on the Interim U.S. Embassy Annex keeping them out of foster care while following bill, without amendment: providing safe, stable homes, often at in Baghdad, Iraq; to the Committee on For- great personal and financial sacrifice. S. 397. An act to prohibit civil liability ac- eign Relations. tions from being brought or continued EC–4299. A communication from the Acting Jackie Hope of Denver, CO, is one against manufacturers, distributors, dealers, Assistant Secretary, Legislative Affairs, De- such grandmother. She became a sec- or importers of firearms or ammunition for partment of State, transmitting, pursuant to ond-time mother at the age of 53 when damages, injunctive or other relief resulting law, reports on vacancies in the positions of: she quit her job to be a full-time parent from the misuse of their products by others. Under Secretary of State for Management;

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23382 CONGRESSIONAL RECORD—SENATE October 20, 2005 Under Secretary of State for Public Diplo- Federal Communications Commission, trans- tional Marine Fisheries Service, National macy; Coordinator for Counterterrorism w/ mitting, pursuant to law, the report of a rule Oceanic and Atmospheric Administration, Rank of Ambassador at Large; Assistant entitled ‘‘Amendment of Section 73.202(b), transmitting, pursuant to law, the report of Secretary of State for Administration; As- Table of Allotments, FM Broadcast Stations a rule entitled ‘‘Fisheries Off West Coast sistant Secretary of State for Democracy, (Cridersville, OH)’’ (MB Docket No. 04–343) States and in the Western Pacific; Coastal Human Rights and Labor; Assistant Sec- received on October 11, 2005; to the Com- Pelagic Species Fisheries; Reallocation of retary of State for Diplomatic Security; As- mittee on Commerce, Science, and Transpor- Pacific Sardine’’ (I.D. No. 091305E) received sistant Secretary of State (Educational and tation. on October 11, 2005; to the Committee on Cultural Affairs); Assistant Secretary of EC–4309. A communication from the Legal Commerce, Science, and Transportation. State for European and Eurasian Affairs; In- Advisor to the Bureau Chief, Media Bureau, EC–4317. A communication from the Acting spector General; Assistant Secretary of Federal Communications Commission, trans- Director, Office of Sustainable Fisheries, Na- State for Intelligence and Research; Assist- mitting, pursuant to law, the report of a rule tional Marine Fisheries Service, National ant Secretary for Oceans, International En- entitled ‘‘Amendment of Section 73.202(b), Oceanic and Atmospheric Administration, vironmental Affairs; Assistant Secretary for Table of Allotments, FM Broadcast Stations transmitting, pursuant to law, the report of International Narcotics and Law Enforce- (Clinton and Mayfield, Kentucky)’’ (MB a rule entitled ‘‘Fisheries Off West Coast ment Affairs; Assistant Secretary of State Docket No. 05–152) received on October 11, States and in the Western Pacific; West (International Organization Affairs); Assist- 2005; to the Committee on Commerce, Coast Salmon Fisheries; Inseason Action ant Secretary of State for Legislative Af- Science, and Transportation. #5—Adjustments of the Recreational Fishery fairs; Assistant Secretary of State for Polit- EC–4310. A communication from the Legal from Cape Alava, Washington, to Cape Fal- ical-Military Affairs; and Assistant Sec- Advisor to the Bureau Chief, Media Bureau, con, Oregon’’ (I.D No. 082605A) received on retary of State for Resource Management; to Federal Communications Commission, trans- October 11, 2005; to the Committee on Com- the Committee on Foreign Relations. mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–4300. A communication from the Acting entitled ‘‘Amendment of Section 73.202(b), EC–4318. A communication from the Pro- Assistant Secretary, Legislative Affairs, De- Table of Allotments, FM Broadcast Stations gram Analyst, Federal Aviation Administra- partment of State, transmitting, pursuant to (Fisher and Thief River Falls, Minnesota)’’ tion, Department of Transportation, trans- law, the report of Presidential Determina- (MB Docket No. 05–116) received on October mitting, pursuant to law, the report of a rule tion 2005-34 relative to waiving prohibition 11, 2005; to the Committee on Commerce, entitled ‘‘Improved Seats in Air Carrier on United States Military assistance with re- Science, and Transportation. Transport Category Airplanes’’ ((RIN2120– EC–4311. A communication from the Regu- spect to Benin; to the Committee on Foreign AC84) (2005–0001)) received on October 11, latory Ombudsman, Federal Motor Carrier Relations. 2005; to the Committee on Commerce, Safety Administration, Department of EC–4301. A communication from the Chair, Science, and Transportation. Transportation, transmitting, pursuant to United States Commission on International EC–4319. A communication from the Pro- law, the report of a rule entitled ‘‘Commer- Religious Freedom, transmitting, pursuant gram Analyst, Federal Aviation Administra- cial Driver’s License (CDL) Standards; to law, the Commission’s 2005 Annual Re- tion, Department of Transportation, trans- School Bus Endorsement’’ (RIN2126–AA94) port; to the Committee on Foreign Rela- mitting, pursuant to law, the report of a rule received on October 11, 2005; to the Com- tions. entitled ‘‘IFR Altitudes; Miscellaneous mittee on Commerce, Science, and Transpor- EC–4302. A communication from the Assist- Amendments (43); Amdt. No. 457’’ ((RIN2120– tation. ant Legal Adviser for Treaty Affairs, Depart- EC–4312. A communication from the Regu- AA63) (2005–0007)) received on October 11, ment of State, transmitting, pursuant to the latory Ombudsman, Federal Motor Carrier 2005; to the Committee on Commerce, Case-Zablocki Act, 1 U.S.C. 112b, as amended, Safety Administration, Department of Science, and Transportation. the report of the texts and background state- Transportation, transmitting, pursuant to EC–4320. A communication from the Pro- ments of international agreements, other law, the report of a rule entitled ‘‘Title VI gram Analyst, Federal Aviation Administra- than treaties (List 05-236 - 05-246); to the Regulations for Federal Motor Carrier Safe- tion, Department of Transportation, trans- Committee on Foreign Relations. ty Administration Financial Assistance Re- mitting, pursuant to law, the report of a rule EC–4303. A communication from the Acting cipients’’ ((RIN2126–AA79) (2005–1)) received entitled ‘‘Standard Instrument Approach Chairman, National Transportation Safety on October 11, 2005; to the Committee on Procedures; Miscellaneous Amendments Board, transmitting, pursuant to law, the Commerce, Science, and Transportation. (102); Amdt. No. 3133’’ ((RIN2120–AA65) (2005– Board’s 2005 FAIR Act Inventory; to the EC–4313. A communication from the Attor- 0026)) received on October 11, 2005; to the Committee on Commerce, Science, and ney, National Highway Traffic Safety Ad- Committee on Commerce, Science, and Transportation. ministration, Department of Transportation, Transportation. EC–4304. A communication from the Sec- transmitting, pursuant to law, the report of EC–4321. A communication from the Pro- retary of Transportation transmitting, pur- a rule entitled ‘‘Importation of Noncon- gram Analyst, Federal Aviation Administra- suant to law, a report entitled ‘‘State Prac- forming Vehicles by Registered Importers’’ tion, Department of Transportation, trans- tices on Specific Services Signing; to the (RIN2127–AJ63) received on October 11, 2005; mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and to the Committee on Commerce, Science, entitled ‘‘Standard Instrument Approach Transportation. and Transportation. Procedures; Miscellaneous Amendments (52); EC–4305. A communication from the Sec- EC–4314. A communication from the Acting Amdt. No. 3134’’ ((RIN2120–AA65) (2005–0027)) retary of Transportation transmitting, pur- Director, Office of Sustainable Fisheries, Na- received on October 11, 2005; to the Com- suant to law, a report entitled ‘‘Section 816 tional Marine Fisheries Service, National mittee on Commerce, Science, and Transpor- [Vision-100] Recommendations Concerning Oceanic and Atmospheric Administration, tation. Travel Agents’’; to the Committee on Com- transmitting, pursuant to law, the report of EC–4322. A communication from the Pro- merce, Science, and Transportation. a rule entitled ‘‘Fisheries Off West Coast gram Analyst, Federal Aviation Administra- EC–4306. A communication from the Legal States and in the Western Pacific; West tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, Coast Salmon Fisheries; Inseason Action mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- #7—Closure of the Commercial Salmon Fish- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule ery from the U.S.-Canada Border to Cape Procedures; Miscellaneous Amendments (10); entitled ‘‘Amendment of Section 73.202(b), Falcon, Oregon’’ (I.D. No. 091405G) received Amdt. No. 3135’’ ((RIN2120–AA65) (2005–0028)) Table of Allotments, FM Broadcast Stations on October 11, 2005; to the Committee on received on October 11, 2005; to the Com- (Big Pine Key, Florida)’’ (MB Docket No. 04– Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- 248) received on October 11, 2005; to the Com- EC–4315. A communication from the Acting tation. mittee on Commerce, Science, and Transpor- Director, Office of Sustainable Fisheries, Na- EC–4323. A communication from the Pro- tation. tional Marine Fisheries Service, National gram Analyst, Federal Aviation Administra- EC–4307. A communication from the Legal Oceanic and Atmospheric Administration, tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- a rule entitled ‘‘Fisheries Off West Coast entitled ‘‘Establishment of Domestic VOR mitting, pursuant to law, the report of a rule States and in the Western Pacific; West Federal Airway V–19; OH’’ ((RIN2120–AA66) entitled ‘‘Amendment of Section 73.202(b), Coast Salmon Fisheries; Inseason Action (2005–0221)) received on October 11, 2005; to Table of Allotments, FM Broadcast Stations #8—Adjustment of the Recreational Fishery the Committee on Commerce, Science, and (Cheyenne and Thomas, Oklahoma)’’ (MB from the U.S.-Canada Border to Cape Alava, Transportation. Docket No 05–130) received on October 11, Washington’’ (I D. No. 091405H) received on EC–4324. A communication from the Pro- 2005; to the Committee on Commerce, October 11, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- Science, and Transportation. merce, Science, and Transportation. tion, Department of Transportation, trans- EC–4308. A communication from the Legal EC–4316. A communication from the Acting mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, Director, Office of Sustainable Fisheries, Na- entitled ‘‘Amendment to Using Agency for

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23383 Restricted Areas R–2510 A and B; El Centro, INTRODUCTION OF BILLS AND STABENOW, Mr. CORZINE, Mr. AKAKA, CA’’ ((RIN2120–AA66) (2005–0220)) received on JOINT RESOLUTIONS Mrs. BOXER, Ms. MIKULSKI, Mr. DAY- October 11 2005; to the Committee on Com- TON, Mr. CORNYN, Mr. SARBANES, Mr. merce, Science, and Transportation. The following bills and joint resolu- STEVENS, Mr. SPECTER, Mr. LEAHY, EC–4325. A communication from the Pro- tions were introduced, read the first Mr. TALENT, Mr. KERRY, Mr. BYRD, gram Analyst, Federal Aviation Administra- and second times by unanimous con- Mr. NELSON of Florida, Mr. KENNEDY, tion, Department of Transportation, trans- sent, and referred as indicated: Mr. FEINGOLD, and Mr. SALAZAR): S. Res. 282. A resolution supporting the mitting, pursuant to law, the report of a rule By Mr. KERRY (for himself, Mr. KEN- goals and ideals of National Domestic Vio- entitled ‘‘Advanced Qualification Program’’ NEDY, Mr. GREGG, and Mr. SUNUNU): (RIN2120–AI59) received on October 11, 2005; S. 1898. A bill to establish the Freedom’s lence Awareness Month and expressing the to the Committee on Commerce, Science, Way National Heritage Area in the States of sense of the Senate that Congress should and Transportation. Massachusetts and New Hampshire, and for raise awareness of domestic violence in the EC–4326. A communication from the Pro- other purposes; to the Committee on Energy United States and its devastating effects on gram Analyst, Federal Aviation Administra- and Natural Resources. families; to the Committee on the Judiciary. By Mr. ALLEN (for himself and Mr. tion, Department of Transportation, trans- By Mr. MCCAIN (for himself, Mr. DOR- DURBIN): mitting, pursuant to law, the report of a rule GAN, Mr. CRAPO, and Mr. INOUYE): entitled ‘‘False and Misleading Statements S. 1899. A bill to amend the Indian Child S. Res. 283. A resolution recognizing the Regarding Aircraft Parts’’ ((RIN2120–AG08) Protection and Family Violence Prevention contributions of Korean Americans to the (2005–0001)) received on October 11, 2005; to Act to identify and remove barriers to reduc- United States and encouraging the celebra- the Committee on Commerce, Science, and ing child abuse, to provide for examinations tion of ‘‘Korean American Day’’; to the Com- Transportation. of certain children, and for other purposes; mittee on the Judiciary. f to the Committee on Indian Affairs. f By Ms. STABENOW (for herself, Mr. ADDITIONAL COSPONSORS REPORTS OF COMMITTEES HARKIN, Mr. DAYTON, Mr. LAUTEN- S. 132 The following reports of committees BERG, and Mr. CORZINE): S. 1900. A bill to amend title XVIII of the At the request of Mrs. LINCOLN, the were submitted: Social Security Act to stabilize the amount name of the Senator from South Da- By Ms. COLLINS, from the Committee on of the medicare part B premium; to the Com- kota (Mr. JOHNSON) was added as a co- Homeland Security and Governmental Af- mittee on Finance. sponsor of S. 132, a bill to amend the fairs: By Mr. SCHUMER (for himself and Internal Revenue Code of 1986 to allow Report to accompany S. 1736, a bill to pro- Mrs. CLINTON): vide for the participation of employees in S. 1901. A bill to designate the facility of a deduction for premiums on mortgage the judicial branch in the Federal leave the United States Postal Service located at insurance. transfer program for disasters and emer- 567 Tompkins Avenue in Staten Island, New S. 390 gencies (Rept. No. 109–158). York, as the ‘‘Vincent Palladino Post Of- At the request of Mr. BUNNING, the By Mr. SPECTER, from the Committee on fice’’; to the Committee on Homeland Secu- name of the Senator from Indiana (Mr. the Judiciary, without amendment: rity and Governmental Affairs. LUGAR) was added as a cosponsor of S. S. 443. A bill to improve the investigation By Mr. LIEBERMAN (for himself, Mr. 390, a bill to amend title XVIII of the of criminal antitrust offenses. BROWNBACK, Mrs. CLINTON, Mr. By Mr. SPECTER, from the Committee on SANTORUM, and Mr. DURBIN): Social Security Act to provide for cov- the Judiciary, with an amendment in the na- S. 1902. A bill to amend the Public Health erage of ultrasound screening for ab- ture of a substitute: Service Act to authorize funding for the es- dominal aortic aneurysms under part B S. 1086. A bill to improve the national pro- tablishment of a program on children and of the medicare program. gram to register and monitor individuals the media within the Centers for Disease S. 408 who commit crimes against children or sex Control and Prevention to study the role and At the request of Mr. DEWINE, the offenses. impact of electronic media in the develop- name of the Senator from Utah (Mr. By Mr. SPECTER, from the Committee on ment of children; to the Committee on the Judiciary, without amendment: Health, Education, Labor, and Pensions. BENNETT) was added as a cosponsor of S. 1326. A bill to require agencies and per- By Mr. ROCKEFELLER (for himself, S. 408, a bill to provide for programs sons in possession of computerized data con- Mr. SPECTER, Mr. SCHUMER, and Mr. and activities with respect to the pre- taining sensitive personal information, to MCCAIN): vention of underage drinking. disclose security breaches where such breach S. 1903. A bill to amend title XIX of the So- S. 440 poses a significant risk of identity theft. cial Security Act to require drug manufac- At the request of Mr. BUNNING, the turers to report the average manufacturer f name of the Senator from New Jersey price and the best price of authorized generic drugs and any other drugs sold under a new (Mr. CORZINE) was added as a cosponsor EXECUTIVE REPORTS OF of S. 440, a bill to amend title XIX of COMMITTEES drug application approved under section 505(c) of the Federal Food, Drug, and Cos- the Social Security Act to include po- The following executive reports of metic Act to the Secretary of Health and diatrists as physicians for purposes of committees were submitted: Human Services; to the Committee on Fi- covering physicians services under the By Mr. SPECTER for the Committee on nance. medicaid program. By Mr. ALEXANDER (for himself, Mr. the Judiciary. S. 757 Susan Bieke Neilson, of Michigan, to be KENNEDY, Mr. ENZI, and Mr. DODD): S. 1904. A bill to provide elementary and At the request of Mr. CHAFEE, the United States Circuit Judge for the Sixth names of the Senator from Louisiana Circuit. secondary education assistance to students Brian Edward Sandoval, of Nevada, to be and schools impacted by Hurricane Katrina; (Ms. LANDRIEU), the Senator from Con- United States District Judge for the District read the first time. necticut (Mr. DODD), the Senator from of Nevada. By Mr. LUGAR (for himself and Mr. Arkansas (Mrs. LINCOLN), the Senator John Richard Smoak, of Florida, to be BIDEN): from California (Mrs. BOXER) and the United States District Judge for the North- S. 1905. A bill to clarify Foreign Service Senator from Indiana (Mr. BAYH) were ern District of Florida. Grievance Board procedures; considered and added as cosponsors of S. 757, a bill to passed. Harry Sandlin Mattice, Jr., of Tennessee, amend the Public Health Service Act to be United States District Judge for the f to authorize the Director of the Na- Eastern District of Tennessee. SUBMISSION OF CONCURRENT AND Thomas Craig Wheeler, of Maryland, to be tional Institute of Environmental a Judge of the United States Court of Fed- SENATE RESOLUTIONS Health Sciences to make grants for the eral Claims for a term of fifteen years. The following concurrent resolutions development and operation of research Margaret Mary Sweeney, of Virginia, to be and Senate resolutions were read, and centers regarding environmental fac- a Judge of the United States Court of Fed- referred (or acted upon), as indicated: tors that may be related to the eti- eral Claims for a term of fifteen years. ology of breast cancer. By Mr. BIDEN (for himself, Mr. ROCKE- (Nominations without an asterisk FELLER, Mr. JOHNSON, Mrs. MURRAY, S. 828 were reported with the recommenda- Ms. CANTWELL, Mr. LAUTENBERG, Mr. At the request of Mr. HARKIN, the tion that they be confirmed.) BAYH, Mr. KOHL, Mrs. CLINTON, Ms. name of the Senator from Minnesota

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(Mr. DAYTON) was added as a cosponsor S. 1516 CONRAD) was withdrawn as a cosponsor of S. 828, a bill to enhance and further At the request of Mr. LOTT, the name of amendment No. 2077 proposed to research into paralysis and to improve of the Senator from New York (Mrs. H.R. 3058, a bill making appropriations rehabilitation and the quality of life CLINTON) was added as a cosponsor of S. for the Departments of Transportation, for persons living with paralysis and 1516, a bill to reauthorize Amtrak, and Treasury, and Housing and Urban De- other physical disabilities, and for for other purposes. velopment, the Judiciary, District of other purposes. S. 1524 Columbia, and independent agencies S. 969 At the request of Mr. CRAPO, the for the fiscal year ending September 30, At the request of Mr. OBAMA, the name of the Senator from Idaho (Mr. 2006, and for other purposes. name of the Senator from New York CRAIG) was added as a cosponsor of S. AMENDMENT NO. 2118 (Mrs. CLINTON) was added as a cospon- 1524, a bill to repeal the sunset on the At the request of Mr. DORGAN, the sor of S. 969, a bill to amend the Public reduction of capital gains rates for in- name of the Senator from North Da- Health Service Act with respect to dividuals and on the taxation of divi- kota (Mr. CONRAD) was added as a co- preparation for an influenza pandemic, dends of individuals at capital gain sponsor of amendment No. 2118 in- including an avian influenza pandemic, rates. tended to be proposed to H.R. 3058, a and for other purposes. S. 1706 bill making appropriations for the De- S. 985 At the request of Mr. ALLEN, the partments of Transportation, Treas- name of the Senator from Idaho (Mr. At the request of Mrs. CLINTON, the ury, and Housing and Urban Develop- name of the Senator from Illinois (Mr. CRAIG) was added as a cosponsor of S. ment, the Judiciary, District of Colum- 1706, a bill to amend the Internal Rev- OBAMA) was added as a cosponsor of S. bia, and independent agencies for the 985, a bill to establish kinship navi- enue Code of 1986 to provide that dis- fiscal year ending September 30, 2006, gator programs, to establish kinship tributions from a section 401(k) plan or and for other purposes. guardianship assistance payments for a section 403(b) contract shall not be AMENDMENT NO. 2144 children, and for other purposes. includible in gross income to the ex- At the request of Mr. SCHUMER, his tent used to pay long-term care insur- S. 1086 name was added as a cosponsor of ance premiums. At the request of Mr. HATCH, the amendment No. 2144 intended to be pro- S. 1779 name of the Senator from New Hamp- posed to H.R. 3058, a bill making appro- At the request of Mr. AKAKA, the shire (Mr. SUNUNU) was added as a co- priations for the Departments of name of the Senator from Vermont sponsor of S. 1086, a bill to improve the Transportation, Treasury, and Housing (Mr. LEAHY) was added as a cosponsor national program to register and mon- and Urban Development, the Judiciary, of S. 1779, a bill to amend the Humane itor individuals who commit crimes District of Columbia, and independent Methods of Livestock Slaughter Act of against children or sex offenses. agencies for the fiscal year ending Sep- 1958 to ensure the humane slaughter of tember 30, 2006, and for other purposes. S. 1401 nonambulatory livestock, and for other AMENDMENT NO. 2146 At the request of Mr. GREGG, the purposes. At the request of Mr. BOND, his name name of the Senator from Georgia (Mr. S. 1866 ISAKSON) was added as a cosponsor of S. was added as a cosponsor of amend- At the request of Ms. COLLINS, the ment No. 2146 proposed to H.R. 3058, a 1401, a bill to amend the Internal Rev- name of the Senator from Ohio (Mr. enue Code of 1986 to clarify the proper bill making appropriations for the De- VOINOVICH) was added as a cosponsor of partments of Transportation, Treas- treatment of differential wage pay- S. 1866, a bill to establish an Under ments made to employees called to ac- ury, and Housing and Urban Develop- Secretary for Policy in the Department ment, the Judiciary, District of Colum- tive duty in the uniformed services, of Homeland Security, and for other and for other purposes. bia, and independent agencies for the purposes. fiscal year ending September 30, 2006, S. 1405 AMENDMENT NO. 2065 and for other purposes. At the request of Mr. SANTORUM, the At the request of Mr. BINGAMAN, the f name of the Senator from Rhode Island names of the Senator from Nebraska (Mr. CHAFEE) was added as a cosponsor (Mr. HAGEL), the Senator from Penn- STATEMENTS ON INTRODUCED of S. 1405, a bill to extend the 50 per- sylvania (Mr. SANTORUM), the Senator BILLS AND JOINT RESOLUTIONS cent compliance threshold used to de- from New Mexico (Mr. DOMENICI) and By Mr. KERRY (for himself, Mr. termine whether a hospital or unit of a the Senator from Tennessee (Mr. ALEX- KENNEDY, Mr. GREGG, and Mr. hospital is an inpatient rehabilitation ANDER) were added as cosponsors of SUNUNU): facility and to establish the National amendment No. 2065 proposed to H.R. S. 1898. A bill to establish the Free- Advisory Council on Medical Rehabili- 3058, a bill making appropriations for dom’s Way National Heritage Area in tation. the Departments of Transportation, the States of Massachusetts and New S. 1462 Treasury, and Housing and Urban De- Hampshire, and for other purposes; to At the request of Mr. LEVIN, his name velopment, the Judiciary, District of the Committee on Energy and Natural was added as a cosponsor of S. 1462, a Columbia, and independent agencies Resources. bill to promote peace and account- for the fiscal year ending September 30, Mr. KERRY. Mr. President, I rise to ability in Sudan, and for other pur- 2006, and for other purposes. introduce legislation to establish the poses. AMENDMENT NO. 2067 Freedom’s Way National Heritage Area At the request of Mr. BROWNBACK, the At the request of Mr. BROWNBACK, the in New Hampshire and Massachusetts. names of the Senator from California name of the Senator from Illinois (Mr. The bill is cosponsored by Senator (Mrs. BOXER) and the Senator from DURBIN) was added as a cosponsor of KENNEDY, Senator GREGG and Sen- Connecticut (Mr. DODD) were added as amendment No. 2067 intended to be pro- ator SUNUNU. cosponsors of S. 1462, supra. posed to H.R. 3058, a bill making appro- The bill proposes to establish a na- S. 1515 priations for the Departments of tional heritage area including 36 com- At the request of Mr. INOUYE, the Transportation, Treasury, and Housing munities in Massachusetts and six name of the Senator from North Da- and Urban Development, the Judiciary, communities in New Hampshire. The kota (Mr. CONRAD) was added as a co- District of Columbia, and independent area has important cultural and nat- sponsor of S. 1515, a bill to amend title agencies for the fiscal year ending Sep- ural legacies that are important to XIX of the Social Security Act to im- tember 30, 2006, and for other purposes. New England and the entire Nation. I prove access to advanced practice AMENDMENT NO. 2077 want to highlight just a few of the rea- nurses and physician assistants under At the request of Mr. REED, the name sons I believe this designation makes the Medicaid Program. of the Senator from North Dakota (Mr. sense.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23385 The Freedom’s Way is an ideal can- child abuse perpetrators. I will not for- valuable information. This bill permits didate because it is rich in historic get the testimony of parents whose the FBI to continue to gather convic- sites, trails, landscapes and views. The children fell prey to the notorious tion data and to make this information land and the area’s resources are pieces cases of multiple child sexual abuse available, on a limited basis, to specific of American history and culture. The that occurred on the Hopi, Navajo, and agencies requiring such information in entire region, and especially places Cherokee reservations over the course the course of their professional duties. like Lexington and Concord, is impor- of many years. The Federal investiga- It permits agencies to access informa- tant to our country’s founding and our tion and prosecution of these crimes tion in the course of conducting back- political and philosophical principles. revealed that child abuse perpetrators ground checks on those who seek em- Within the 42 communities are truly were aware that the conditions of re- ployment in an area involving children. special places. These include the Min- porting, investigating, and preventing Finally, the bill authorizes the In- uteman National Historic Park, more crimes upon children were in such a dian Health Service to use advances in than 40 National Register Districts and sorry state that their crimes would telemedicine to bring expert advice and National Historic Landmarks, the rarely be detected. Needless to say, the training to the examination and diag- Great Meadows National Wildlife Ref- consequences proved tragic to hundreds nosis of child abuse. This new provision uge, Walden Pond State Reservation, of child victims, their families and recognizes that children, when victim- Gardener State Park, Harvard Shaker their communities. ized, require immediate and expert di- Village and the Shirley Shaker Village. We enacted this law to give the Fed- agnosis and treatment. This section In addition, there is strong grass- eral Government an opportunity to will help supplement stretched or un- roots support for this designation. The meet its responsibility to Indian chil- available IHS resources in the most people of these communities organized dren and families by establishing poli- isolated Indian communities. themselves in this effort and have now cies and programs to prevent child This body recently sent a clear mes- turned to us for assistance. I hope we abuse and family violence. To accom- sage on domestic violence and sexual can provide it. Supporters include plish this, appropriations were author- predators. This bill furthers that mes- elected officials, people dedicated to ized to establish prevention and treat- sage by continuing to protect Indian preserving a small piece of American ment programs within the BIA and children and families and ensuring that and New England history, and local IHS. The Act also authorized the BIA they continue to receive prevention business leaders. It is an honor to help and IHS to assist tribes in establishing and treatment resources to address the their cause. on-reservation child abuse prevention impact of these crimes in their own Finally, I am very pleased that Sen- and treatment programs. The Act also communities. I look forward to receiv- ators from both Massachusetts and provided criminal sanctions for profes- ing the comments from the Adminis- New Hampshire have embraced this sionals who failed to report acts of tration and working with my col- proposal. I thank Senators KENNEDY, abuse or suspected abuse and pre- leagues toward final passage of this GREGG and SUNUNU. scribed a child abuse reporting process bill. for law enforcement. I ask unanimous consent that the By Mr. MCCAIN (for himself, Mr. I don’t believe that the possible bene- text of the bill be printed in the DORGAN, Mr. CRAPO, and Mr. fits of the Act have been fully realized. RECORD. INOUYE): Neither the BIA nor the IHS have suc- There being no objection, the bill was S. 1899. A bill to amend the Indian cessfully requested or received appro- ordered to be printed in the RECORD, as Child Protection and Family Violence priations to fully implement the pro- follows: Prevention Act to identify and remove grams envisioned by the Act. Today, S. 1899 barriers to reducing child abuse, to tribal governments rely on special ap- Be it enacted by the Senate and House of Rep- provide for examinations of certain propriations, congressional earmarks resentatives of the United States of America in children, and for other purposes; to the and piecemeal grants. And, we still do Congress assembled, Committee on Indian Affairs. not have a firm idea of the extent to SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Indian Child Mr. MCCAIN. Mr. President, today I which child sexual or physical abuse is Protection and Family Violence Prevention am introducing a bill to reauthorize occurring in Indian communities or the Act Amendments of 2005’’. the Indian Child Protection and Fam- degree of success that we are having in SEC. 2. FINDINGS AND PURPOSE. ily Violence Prevention Act. This bill treating victims of child abuse. Surely, Section 402 of the Indian Child Protection is intended to reauthorize appropria- we can do better than this. and Family Violence Prevention Act (25 tions for child sexual abuse prevention This bill provides for a comprehen- U.S.C. 3201) is amended— and treatment grants, to identify the sive approach to gathering this infor- (1) in subsection (a)— scope of child abuse and family vio- mation on child abuse in Indian coun- (A) in paragraph (1)— lence in Indian country by requiring try. Under current law, the FBI is re- (i) by redesignating subparagraphs (E) and annual comprehensive data gathering, (F) as subparagraphs (F) and (G), respec- sponsible for gathering this data. At tively; and to encourage inter-agency coordination the time, the FBI was primarily re- (ii) by inserting after subparagraph (D) the between the Indian Health Service and sponsible for investigating acts of fel- following: public and private medical or treat- ony child abuse in Indian country. ‘‘(E) the Federal Government and certain ment organizations in the treatment Today, we know that many Indian trib- State governments are responsible for inves- and examination of children through al police agencies, operating under In- tigating and prosecuting certain felony the use of telemedicine, and to conform dian Self-Determination and Edu- crimes, including child abuse, in Indian the Act to other Federal child abuse re- cational Assistance Act compacts and country, pursuant to chapter 53 of title 18, porting and confidentiality laws. The United States Code;’’; and contracts, jointly investigate these fel- (B) in paragraph (2)— bill provides a 4-year reauthorization ony crimes and that they are also re- (i) in the matter preceding subparagraph of appropriations for the Act. sponsible for responding to and inves- (A), by striking ‘‘two’’ and inserting ‘‘the’’; The Indian Child Protection and tigating tribal offenses. The bill re- (ii) in subparagraph (A), by striking ‘‘and’’ Family Violence Prevention Act was quires a comprehensive sharing of nu- at the end; enacted in 1990 to address findings of merical data by all Federal, tribal and (iii) in subparagraph (B), by striking the the Senate Select Committee on Indian State law enforcement agencies. period at the end and inserting ‘‘; and’’; and Affairs and the Special Committee on In addition, the Act requires all local (iv) by adding at the end the following: Investigations as it examined the Fed- law enforcement agencies to document ‘‘(C) identify and remove any impediment to the immediate investigation of incidents eral trust relationship with Indian incidents of child abuse and to submit of child abuse in Indian country.’’; and tribes. Through public hearings, these this documentation to the Federal Bu- (2) in subsection (b)— Committees found that, at the time, reau of Investigation. The Act, how- (A) by striking paragraph (3) and inserting Indian country was a safe haven for ever, does not provide for use of this the following:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23386 CONGRESSIONAL RECORD—SENATE October 20, 2005 ‘‘(3) provide for a background investigation lect any information not otherwise reported quires the information to carry out the du- for any employee that has access to chil- under subsection (b), including information ties of the officer, in accordance with section dren;’’; and relating to, during the preceding calendar 552a of title 5, United States Code, section (B) in paragraph (6), by striking ‘‘Area Of- year— 361 of the Public Health Service Act (42 fice’’ and inserting ‘‘Regional Office’’. ‘‘(i) the number of child abuse allegations U.S.C. 264), the Family Educational Rights SEC. 3. DEFINITIONS. and investigations in Indian country; and Privacy Act of 1974 (20 U.S.C. 1232g), part Section 403 of the Indian Child Protection ‘‘(ii) the number of child abuse prosecu- C of title XI of the Social Security Act (42 and Family Violence Prevention Act (25 tions declined or deferred in Indian country; U.S.C. 1320d et seq.), and other applicable U.S.C. 3202) is amended— and Federal law.’’. (1) by striking paragraph (14); ‘‘(iii) the number of acquittals of charges SEC. 7. WAIVER OF PARENTAL CONSENT. (2) by redesignating paragraphs (5) through of child abuse in Indian country.’’; and Section 407 of the Indian Child Protection (13) as paragraphs (6) through (14), respec- (2) by adding at the end the following: and Family Violence Prevention Act (25 tively; ‘‘(e) CONFIDENTIALITY OF CHILDREN.—No U.S.C. 3206) is amended— (3) by inserting after paragraph (4) the fol- local law enforcement agency or local child (1) in subsection (a), by inserting ‘‘or foren- lowing: protective services agency shall disclose the sic’’ after ‘‘psychological’’; and ‘‘(5) ‘conviction’, with respect to an of- name of or information concerning the child (2) in subsection (c), by striking ‘‘advise’’ fense, means a final judgment of guilty to anyone other than any person who, by and inserting ‘‘advice’’. through a verdict by a judge or jury or a plea reason of their participation in the treat- SEC. 8. CHARACTER INVESTIGATIONS. of guilty or no contest, but does not include ment of the child, the investigation, or the Section 408(b) of the Indian Child Protec- any final judgment that has been expunged adjudication of the allegation, needs to know tion and Family Violence Prevention Act (25 by pardon, reversed, set aside, or otherwise the information in the performance of the U.S.C. 3207(b)) is amended by striking voided;’’; duties of the individual. ‘‘guilty to’’ and all that follows and insert- (4) in paragraph (13) (as redesignated by ‘‘(f) REPORT TO CONGRESS.—Not later than ing the following: ‘‘guilty to, any offense paragraph (2)), by striking ‘‘that agency’’ 1 year after the date of enactment of this under Federal, State, or tribal law involv- and all that follows through ‘‘Indian tribe’’ subsection, and annually thereafter, the Di- ing— and inserting ‘‘the Federal, State, or tribal rector of the Federal Bureau of Investiga- ‘‘(1) a crime of violence; agency’’; tion, in coordination with the Secretary and ‘‘(2) sexual assault; (5) in paragraph (14) (as redesignated by the Attorney General, shall submit to the ‘‘(3) child abuse; paragraph (2)), by inserting ‘‘(including a Committees on Indian Affairs and the Judici- ‘‘(4) exploitation; or tribal law enforcement agency operating ary of the Senate, and the Committees on ‘‘(5) sexual contact or prostitution.’’. pursuant to a grant, contract, or compact Resources and the Judiciary of the House of SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT under the Indian Self-Determination and Representatives, a report on child abuse in PROGRAM. Education Assistance Act (25 U.S.C. 450 et Indian country during the preceding year.’’. Section 409 of the Indian Child Protection seq.))’’ after ‘‘State law enforcement agen- SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUC- and Family Violence Prevention Act (25 cy’’; ING CHILD ABUSE. U.S.C. 3208) is amended by striking sub- (6) in paragraph (17), by striking ‘‘and’’ at Section 405 of the Indian Child Protection section (e) and inserting the following: the end; and Family Violence Prevention Act (25 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (7) in paragraph (18), by striking the period U.S.C. 3204) is amended to read as follows: There are authorized to be appropriated such at the end and inserting ‘‘; and’’; and ‘‘SEC. 405. REMOVAL OF IMPEDIMENTS TO RE- sums as are necessary to carry out this sec- (8) by adding at the end the following: DUCING CHILD ABUSE. tion for each of fiscal years 2006 through ‘‘(19) ‘telemedicine’ means a telecommuni- ‘‘(a) STUDY.—The Secretary, in consulta- 2010.’’. cations link to an end user through the use tion with the Attorney General and the SEC. 10. INDIAN CHILD RESOURCE AND FAMILY of eligible equipment that electronically Service, shall conduct a study under which SERVICES CENTERS. links health professionals or patients and the Secretary shall identify any impediment Section 410 of the Indian Child Protection health professionals at separate sites in to the reduction of child abuse in Indian and Family Violence Prevention Act (25 order to exchange health care information in country and on Indian reservations. U.S.C. 3209) is amended— audio, video, graphic, or other format for the ‘‘(b) INCLUSIONS.—The study under sub- (1) in subsection (a), by striking ‘‘area of- purpose of providing improved health care section (a) shall include a description of— fice’’ and inserting ‘‘Regional Office’’; diagnosis and treatment.’’. ‘‘(1) any impediment to reporting child (2) in subsection (b), by striking ‘‘The Sec- SEC. 4. REPORTING PROCEDURES. abuse in Indian country and on Indian res- retary’’ and all that follows through ‘‘Human Section 404 of the Indian Child Protection ervations; Services’’ and inserting ‘‘The Secretary, the and Family Violence Prevention Act (25 ‘‘(2) any impediment to, or advance in, Secretary of Health and Human Services, U.S.C. 3203) is amended— Federal, State, and tribal investigations and and the Attorney General’’; (1) in subsection (c)— prosecutions of allegations of child abuse in (3) in subsection (d)— (A) in paragraph (1), by striking ‘‘(1) With- Indian country and on Indian reservations; (A) in paragraph (4), by inserting ‘‘, State,’’ in’’ and inserting the following: and after ‘‘Federal’’; and ‘‘(1) IN GENERAL.—Not later than’’; and ‘‘(3) any impediment to, or advance in, the (B) in paragraph (5), by striking ‘‘agency (B) in paragraph (2)— treatment of child abuse in Indian country office’’ and inserting ‘‘Regional Office’’; (i) by striking ‘‘(2)(A) Any’’ and inserting and on Indian reservations. (4) in subsection (e)— the following: ‘‘(c) REPORT.—Not later than 18 months (A) in paragraphs (1) and (2), by striking ‘‘(2) INVESTIGATION OF REPORTS.— after the date of enactment of the Indian the commas at the ends of the paragraphs ‘‘(A) IN GENERAL.—Any’’; Child Protection and Family Violence Pre- and inserting semicolons; (ii) in subparagraph (B)— vention Act Amendments of 2005, the Sec- (B) by striking paragraph (3) and inserting (I) by striking ‘‘(B) Upon’’ and inserting retary shall submit to the Committees on In- the following: the following: dian Affairs and the Judiciary of the Senate, ‘‘(3) adolescent mental and behavioral ‘‘(B) FINAL WRITTEN REPORT.—On’’; and and the Committees on Resources and the health (including suicide prevention and (II) by inserting ‘‘including any Federal, Judiciary of the House of Representatives, a treatment);’’; State, or tribal conviction resulting from the report describing— (C) in paragraph (4), by striking the period allegation’’ before the period at the end; and ‘‘(1) the findings of the study under this at the end and inserting a semicolon; and (iii) by adding at the end the following: section; and (D) by adding at the end the following: ‘‘(C) MAINTENANCE OF FINAL REPORTS.—The ‘‘(2) recommendations for legislative ac- ‘‘(5) criminal prosecution; and Federal Bureau of Investigation shall main- tions to reduce instances of child abuse in ‘‘(6) medicine.’’; tain a record of each written report sub- Indian country and on Indian reservations, if (5) in subsection (f)— mitted under subsection (b) in a manner in any.’’. (A) in the first sentence, by striking ‘‘The which the report is accessible to— SEC. 6. CONFIDENTIALITY. Secretary’’ and all that follows through ‘‘(i) a local law enforcement agency that Section 406 of the Indian Child Protection ‘‘Human Services’’ and inserting the fol- requires the information to carry out an offi- and Family Violence Prevention Act (25 lowing: cial duty; and U.S.C. 3205) is amended to read as follows: ‘‘(1) ESTABLISHMENT.—The Secretary, in ‘‘(ii) any agency requesting the informa- ‘‘SEC. 406. CONFIDENTIALITY. consultation with the Service and the Attor- tion under section 408. ‘‘Any Federal, State, or tribal government ney General’’; ‘‘(D) COLLECTION OF DATA.—Not less fre- agency that treats or investigates incidents (B) in the second sentence— quently than once each year, the Secretary, of child abuse may provide information and (i) by striking ‘‘Each’’ and inserting the in consultation with the Attorney General records to an officer of any other Federal, following and any appropriate Indian tribe, shall col- State, or tribal government agency that re- ‘‘(2) MEMBERSHIP.—Each’’; and

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23387 (ii) by striking ‘‘shall consist of 7 mem- cluding the diagnosis and treatment of child Amendments would provide additional bers’’ and inserting ‘‘shall be’’; abuse, to assist the Service with respect to— safeguards for the privacy of informa- (C) in the third sentence, by striking ‘‘(1) the diagnosis and treatment of child tion about a child; provide more in- ‘‘Members’’ and inserting the following: abuse; or volvement by the FBI and the Attor- ‘‘(3) COMPENSATION.—Members’’; and ‘‘(2) methods of training Service personnel (D) in the fourth sentence, by striking in diagnosing and treating child abuse. ney General in documenting incidents ‘‘The advisory’’ and inserting the following: ‘‘(b) ADMINISTRATION.—In carrying out sub- of child abuse; direct a study to iden- ‘‘(4) DUTIES.—Each advisory’’; section (a), the Service shall, to the max- tify impediments to the reduction of (6) in subsection (g)— imum extent practicable— child abuse in Indian Country, as well (A) in the first sentence— ‘‘(1) use existing telemedicine infrastruc- as require data collection and annual (i) by striking ‘‘Indian Child’’ and inserting ture; and reporting to Congress on child abuse in the following: ‘‘(2) give priority to Service units and med- Indian Country; and authorize the In- ical facilities operated pursuant to grants, ‘‘(1) IN GENERAL.—Indian Child’’; and dian Health Service to use telemedi- (ii) by adding before the period at the end contracts, or compacts under the Indian the following: ‘‘(25 U.S.C. 450 et seq.)’’; Self-Determination and Education Assist- cine in connection with examinations (B) by striking the second sentence and in- ance Act (25 U.S.C. 450 et seq.) that are lo- of abused Indian children. serting the following: cated in, or providing service to, remote I particularly appreciate that this re- ‘‘(2) CERTAIN REGIONAL OFFICES.— areas of Indian country or Indian reserva- authorization legislation addresses a ‘‘(A) IN GENERAL.—Except as provided in tions. related issue about which I have deep subparagraph (B), if a Center is located in a ‘‘(c) INFORMATION AND CONSULTATION.—On concern—the epidemic of youth suicide Regional Office of the Bureau that serves receipt of a request, the Service may provide in many reservation communities. In- to public and private medical universities, more than 1 Indian tribe, an application to dian Country has higher rates of youth enter into a grant, contract, or compact facilities, and practitioners any information under the Indian Self-Determination and or consultation on the treatment of Indian suicide, as well as of child abuse, than Education Assistance Act (25 U.S.C. 450 et children who have, or may have, been subject other American population groups. seq.) to operate the Center shall contain a to abuse or neglect. Often, children who attempt suicide consent form signed by an official of each In- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— have been abused by a family or com- dian tribe to be served under the grant, con- There are authorized to be appropriated such munity member. This bill would au- tract, or compact. sums as are necessary to carry out this sec- thorize professionals trained in behav- ‘‘(B) ALASKA REGION.—Notwithstanding tion for each of fiscal years 2006 through 2010.’’. ioral health, including suicide preven- subparagraph (A), for Centers located in the tion and treatment, to be included on Alaska Region, an application to enter into SEC. 13. CONFORMING AMENDMENTS. a grant, contract, or compact described in Section 1169 of title 18, United States Code, the staff of regional Indian Child Re- that subparagraph shall contain a consent is amended— source and Family Services Centers. form signed by an official of each Indian (1) in subsection (a)(1)— Chairman MCCAIN and I are com- tribe or tribal consortium that is a member (A) in subparagraph (B), by inserting ‘‘or mitted to providing these additional of a grant, contract, or compact relating to volunteering for’’ after ‘‘employed by’’; protections for Native American chil- an Indian child protection and family vio- (B) in subparagraph (D)— dren. I urge my colleagues to support lence prevention program under the Indian (i) by inserting ‘‘or volunteer’’ after ‘‘child passage of this reauthorization bill, day care worker’’; and Self-Determination and Education Assist- along with adoption of provisions for ance Act (25 U.S.C. 450 et seq.).’’; and (ii) by striking ‘‘worker in a group home’’ (C) in the third sentence, by striking ‘‘This and inserting ‘‘worker or volunteer in a child abuse prevention and child pro- section’’ and inserting the following: group home’’; tective services that are contained in ‘‘(3) EFFECT OF SECTION.—This section’’; (C) in subparagraph (E), by striking ‘‘or legislation also under consideration to and psychological assistant,’’ and inserting ‘‘psy- reauthorize the Indian Health Care Im- (7) by striking subsection (h) and inserting chological or psychiatric assistant, or men- provement Act. the following: tal or behavioral health professional;’’; ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (D) in subparagraph (F), by striking By Ms. STABENOW (for herself, There are authorized to be appropriated such ‘‘child’’ and inserting ‘‘individual’’; Mr. HARKIN, Mr. DAYTON, Mr. sums as are necessary to carry out this sec- (E) by striking subparagraph (G), and in- LAUTENBERG, and Mr. CORZINE): serting the following: tion for each of fiscal years 2006 through S. 1900. A bill to amend title XVIII of 2010.’’. ‘‘(G) foster parent; or’’; and the Social Security Act to stabilize the SEC. 11. INDIAN CHILD PROTECTION AND FAMILY (F) in subparagraph (H), by striking ‘‘law VIOLENCE PREVENTION PROGRAM. enforcement officer, probation officer’’ and amount of the medicare part B pre- Section 411 of the Indian Child Protection inserting ‘‘law enforcement personnel, pro- mium; to the Committee on Finance. and Family Violence Prevention Act (25 bation officer, criminal prosecutor’’; and Ms. STABENOW. Mr. President, U.S.C. 3210) is amended— (2) in subsection (c), by striking para- today I am introducing the ‘‘Keep the (1) in subsection (c), by striking the sub- graphs (3) and (4) and inserting the following: Promise of Medicare Act’’ of 2006, and section heading and inserting ‘‘COORDINATING ‘‘(3) ‘local child protective services agency’ am pleased to be joined by my col- INVESTIGATION, TREATMENT, AND PREVENTION has the meaning given the term in section leagues Senators KENNEDY, HARKIN, OF CHILD ABUSE AND FAMILY VIOLENCE’’; 403 of the Indian Child Protection and Fam- (2) by redesignating subsections (f) through ily Violence Prevention Act (25 U.S.C. 3202); LAUTENBERG, DAYTON, and CORZINE. (i) as subsections (e) through (h), respec- and Retirees will see an average monthly tively; and ‘‘(4) ‘local law enforcement agency’ has the cost-of-living-adjustment increase of (3) by striking subsection (h) (as redesig- meaning given the term in section 403 of that $39 in their Social Security checks next nated by paragraph (2)) and inserting the fol- Act.’’. year. Although this increase is wel- lowing: Mr. DORGAN. Mr. President, I am come news, one-fourth of the COLA ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— pleased to join the chairman of the will be eaten up by rising Medicare There are authorized to be appropriated such sums as are necessary to carry out this sec- Senate Indian Affairs Committee as Part B premiums, which will increase tion for each of fiscal years 2006 through original sponsor of the Indian Child yet again by double-digits. And the 2010.’’. Protection and Family Violence Pre- premium for Medicare’s new prescrip- SEC. 12. USE OF TELEMEDICINE. vention Act Amendments of 2005. The tion drug benefit could eat up the re- The Indian Child Protection and Family primary goals of the Indian Child Pro- mainder of the Social Security in- Violence Prevention Act (25 U.S.C. 3201 et tection and Family Violence Preven- crease. seq.) is amended by adding at the end the fol- tion Act of 1990, which the legislation As William D. Novelli, chief execu- lowing: we introduce today would reauthorize, tive of AARP, said: ‘‘A record increase ‘‘SEC. 412. USE OF TELEMEDICINE. were to reduce the incidence of child would usually be welcome news for ‘‘(a) CONTRACTS AND AGREEMENTS.—The America’s Social Security bene- Service is authorized to enter into any con- abuse, and mandate the reporting and tract or agreement for the use of telemedi- tracking of child abuse in Indian Coun- ficiaries. But this cost-of-living adjust- cine with a public or private medical univer- try. ment is being eaten up by rising gaso- sity or facility, or any private practitioner, The Indian Child Protection and line and heating costs, another double- with experience relating to pediatrics, in- Family Violence Prevention Act digit increase in the monthly Medicare

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23388 CONGRESSIONAL RECORD—SENATE October 20, 2005 Part B premium and escalating health electronic media in the development of embedded in computer games, affect care bills.’’ children; to the Committee on Health, children’s and adolescents’ purchasing This dramatic increase could have Education, Labor, and Pensions. patterns? What will happen when pop- been avoided. CMS Administrator Mr. LIEBERMAN. Mr. President, I up advertisements begin to appear on McClellan has acknowledged after last rise today to introduce, along with children’s cell phones that specifically year’s record 17.5 percent increase that Senators BROWNBACK, CLINTON, SANTO- target them for the junk food that they provisions included in the 2003 Medi- RUM, and DURBIN, the Children and like best at a place where that food is care law designed to privatize the pro- Media Research Advancement Act, or easily obtainable? The answer to the gram directly contributed to the pre- CAMRA Act. This bill is essentially obesity and media question is complex. mium increase. identical to S. 579, which we introduced A committee at the National Academy My legislation will limit the 2006 earlier this year, except that it houses of Sciences is currently charged with Part B premium increase to the same our program within the Centers for studying the link between media adver- level as the Social Security COLA. Disease Control (CDC) rather than in tising and childhood obesity. Will the Without this legislation, the Medicare the National Institute of Child Health National Academy of Sciences panel Part B premium will rise by 13 percent and Human Development. We have re- have the data they need to answer this to more than $10, to $88.50 a month, in viewed the programs and activities important question? A definitive an- 2006. within CDC that address issues relating swer has the potential to save a consid- ‘‘Social Security’s COLA will simply to media’s impact on children, and we erable amount of money in other areas not be enough to cover the increasing believe that CDC is a logical home for of our budget. For example, child costs of living as an older person in our legislation. health care costs that are linked to America,’’ said George J. Kourpias, There is an urgent need to establish childhood obesity issues could be re- president of the Alliance for Retired a Federal role for targeting research on duced by understanding and altering Americans. the impact of media on children. From media diets. Adjusting the current premium is a the cradle to the grave, our children Or take the Columbine incident. first step, and one we must take imme- now live and develop in a world of After two adolescent boys shot and diately. Older Americans have been media—a world that is increasingly killed some of their teachers, class- struggling for too long under the re- digital, and a world where access is at mates, and then turned their guns on lentless increases in the cost of their their fingertips. This emerging digital themselves at Columbine High School, health care and prescription drugs. Ad- world is well known to our children, we asked ourselves if media played ditionally, we should use this year to but its effects on their development are some role in this tragedy. Did these revise an outdated law that has led to not well understood. Young people boys learn to kill in part from playing record increase in Medicare premiums today are spending an average of 6 and first-person shooter video games like in the last four years. The promise of a half hours with media each day. For Doom where they acted as a killer? Medicare must include protection from those who are under age 6, two hours of Were they rehearsing criminal activi- dramatic increases in the Part B pre- exposure to screen media each day is ties when playing this game? We mium. common, even for those who are under looked to the research community for I urge my colleagues to join me on age two. That is about as much time as an answer. In the violence and media this important piece of legislation. children under age 6 spend playing out- area, Congress had passed legislation in I ask unanimous consent that the doors, and it is much more time than the past so that research was con- text of the bill be printed in the they spend reading or being read to by ducted about the relationship between RECORD. their parents. How does this invest- media violence and childhood aggres- There being no objection, the bill was ment of time affect children’s physical sion, and as a result, we knew more. ordered to be printed in the RECORD, as development, their cognitive develop- Even though much of this data base follows: ment, or their moral values? Unfortu- was older and involved the link be- S. 1900 nately, we still have very limited infor- tween exposure to violent television Be it enacted by the Senate and House of Rep- mation about how media, particularly programs and childhood aggression, resentatives of the United States of America in the newer interactive media, affect some answers were forthcoming about Congress assembled, children’s development. In fact, we how the Columbine tragedy could have SECTION 1. SHORT TITLE. have not charged any Federal agency taken place. Even so, there is still a This Act may be cited as the ‘‘Keep the with ensuring an ongoing funding base considerable amount of speculation Promise of Medicare Act of 2006’’. to establish a coherent research agenda about the more complex questions. SEC. 2. STABILIZATION OF MEDICARE PART B about the impact of media on chil- Why did these particular boys, for ex- PREMIUM. Section 1839(a)(3) of the Social Security dren’s lives. This lack of a coordinated ample, pull the trigger in real life Act (42 U.S.C. 1395r(a)(3)) is amended by add- government-sponsored effort to under- while others who played Doom confine ing at the end the following new sentence: stand the effects of media on children’s their aggressive acts to the gaming ‘‘Notwithstanding the preceding sentences, development is truly an oversight on context? We need to be able to answer the monthly premium rate determined under our part as the potential payoffs for questions about which children under this paragraph for each month in 2006 may this kind of knowledge are enormous. what circumstances will translate not exceed an amount equal to the monthly Consider our current national health game playing into real-life lethal ac- premium rate determined under this para- crisis of childhood obesity. The number tions. Investing in media research graph for each month in 2005 adjusted by the percentage change in the average Consumer of U.S. children and teenagers who are could potentially reduce our budgets Price Index for Urban Wage Earners and overweight has more than tripled from associated with adolescent crime and Clerical Workers (CPI–W) for the third quar- the 1960’s through 2002. We think that delinquency as well as reduce real-life ter of 2004 to the third quarter of 2005.’’. media exposure is partly the cause of human misery and suffering. this epidemic. Is it? Is time spent view- Many of us believe that our children By Mr. LIEBERMAN (for himself, ing screens and its accompanying sed- are becoming increasingly material- Mr. BROWNBACK, Mrs. CLINTON, entary life styles contributing to child- istic. Does exposure to commercial ad- Mr. SANTORUM, and Mr. DUR- hood and adolescent obesity? Or is the vertising and the ‘‘good life’’ experi- BIN): constant bombardment of advertise- enced by media characters partly ex- S. 1902. A bill to amend the Public ments for sugar-coated cereals, snack plain materialistic attitudes? We’re Health Service Act to authorize fund- foods, and candy that pervade chil- not sure. Recent research using brain- ing for the establishment of a program dren’s television advertisements the mapping techniques finds that an adult on children and the media within the culprit? How do the newer online forms who sees images of desired products Centers for Disease Control and Pre- of ‘‘stealth marketing’’, such as demonstrates patterns of brain activa- vention to study the role and impact of advergaming where food products are tion that are typically associated with

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23389 reaching out with a hand. How does re- hearings in these chambers about how and behavioral development. The re- peatedly seeing attractive products af- exposure to media violence affects search will cover all forms of elec- fect our children and their developing childhood aggression. We passed legis- tronic media, including television, brains? What will happen when our lation to maximize the documented movies, DVDs, interactive video games, children will be able to click on their benefits of exposure to educational cell phones, and the Internet, and will television screen and go directly to media, such as the Children’s Tele- encourage research involving children sites that advertise the products that vision Act which requires broadcasters of all ages—even babies and toddlers. they see in their favorite programs? Or to provide educational and informa- The bill also calls for a report to Con- use their cell phones to pay for prod- tional television programs for children. gress about the effectiveness of this re- ucts that they want in the immediate Can we foster children’s moral values search program in filling this void in environment? Exactly what kind of when they are exposed to prosocial pro- our knowledge base. In order to accom- values are we cultivating in our chil- grams that foster helping, sharing, and plish these goals, we are authorizing dren, and what role does exposure to cooperating like those that have come $90 million dollars to be phased in media content play in the development into being as a result of the Children’s gradually across the next five years. of those values? Television Act? We acted to protect The cost to our budget is minimal and A report linked very early television our children from unfair commercial can well result in significant savings in viewing with later symptoms that are practices by passing the Children On- other budget areas. common in children who have atten- line Privacy Protection Act which pro- Our Nation values the positive, tion deficit disorders. However, we vides safeguards from exploitation for healthy development of our children. don’t know the direction of the rela- our youth as they explore the Internet, Our children live in the information tionship. Does television viewing cause a popular pastime for them. Yet the age, and our country has one of the attention deficits, or do children who Internet has provided new ways to most powerful and sophisticated infor- have attention deficits find television reach children with marketing that we mation technology systems in the viewing experiences more engaging barely know is taking place, making world. While this system entertains than children who don’t have attention our ability to protect our children all them, it is not harmless entertain- problems? Or do parents whose children the more difficult. We worry about our ment. Media have the potential to fa- have difficulty sustaining attention let children’s inadvertent exposure to on- cilitate the healthy growth of our chil- them watch more television to encour- line pornography—about how that kind dren. They also have the potential to age more sitting and less hyperactive of exposure may undermine their moral harm. We have a stake in finding out behavior? How will Internet experi- values and standards of decency. In ences, particularly those where chil- exactly what that role is. We have a re- these halls of Congress, we acted to dren move rapidly across different win- sponsibility to take action. Access to protect our children by passing the dows, influence attention patterns and the knowledge that we need for in- Communications Decency Act, the attention problems? Once again, we formed decision-making requires us to Child Online Protection Act, and the don’t know the answer. If early tele- make an investment: an investment in Children’s Internet Protection Act to vision exposure does disrupt the devel- research, an investment in and for our shield children from exposure to sexu- opment of children’s attention pat- children, an investment in our collec- ally-explicit online content that is terns, resulting in their placement in tive future. The benefits to our youth deemed harmful to minors. While we special education programs, actions and our nation’s families are immeas- all agree that we need to protect our taken to reduce screen exposure during urable. the early years could lead to subse- children from online pornography, we By passing the Children and Media quent reductions in children’s need for know very little about how to address Research Advancement Act, we can ad- special education classes, thereby sav- even the most practical of questions vance knowledge and enhance the con- ing money while fostering children’s such as how to prevent children from structive effects of media while mini- development in positive ways. falling prey to adult strangers who ap- mizing the negative ones. We can make We want no child left behind in the proach them online. There are so many future media policies that are grounded 21st century. Many of us believe that areas in which our understanding is in a solid knowledge base. We can be time spent with computers is good for preliminary at best, particularly in proactive, rather than reactive. In so our children, teaching them the skills those areas that involve the effects of doing, we build a better nation for our that they will need for success in the our newer digital media youth, fostering the kinds of values 21st century. Are we right? How is time In order to ensure that we are doing that are the backbone of this great na- spent with computers different from our very best for our children, the be- tion of ours, and we create a better time spent with television? What are havioral and health recommendations foundation to guide future media poli- the underlying mechanisms that facili- and public policy decisions we make cies about the digital experiences that tate or disrupt children’s learning from should be based on objective behav- pervade our children’s daily lives. these varying media? Can academic de- ioral, social, and scientific research. I ask unanimous consent that the velopment be fostered by the use inter- Yet no Federal research agency has re- text of the bill be printed in the active online programs designed to sponsibility for oveseeing and setting a RECORD. teach as they entertain? In the first six coherent media research agenda that There being no objection, the bill was years of life, Caucasian more so than can guide these policy decisions. In- ordered to be printed in the RECORD, as African American or Latino children stead, federal agencies fund media re- follows: have Internet access from their homes. search in a piecemeal fashion, result- S. 1902 Can our newer interactive media help ing in a patch work quilt of findings. Be it enacted by the Senate and House of Rep- ensure that no child is left behind or We can do better than that. resentatives of the United States of America in will disparities in access result in leav- The bill we are introducing today Congress assembled, ing some behind and not others? would remedy this problem. The SECTION 1. SHORT TITLE. The questions bout how media affect CAMRA Act will provide an over- This Act may be cited as the ‘‘Children and the development of our children are arching view of media effects by estab- Media Research Advancement Act’’ or the clearly important, abundant, and com- lishing a program devoted to Children ‘‘CAMRA Act’’. plex. Unfortunately, the answers to and Media within the Centers for Dis- SEC. 2. FINDINGS AND PURPOSE. these questions are in short supply. ease Control. This program of research, (a) FINDINGS.—Congress makes the fol- to be vetted by the National Academy lowing findings: Such gaps in our knowledge base limit (1) Congress has recognized the important our ability to make informed decisions of Sciences, will fund and energize a role of electronic media in children’s lives about media policy. coherent program of research that illu- when it passed the Children’s Television Act We know that media are important. minates the role of media in children’s of 1990 (Public Law 101–437) and the Tele- Over the years, we have held numerous cognitive, social, emotional, physical, communications Act of 1996 (Public Law 104–

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23390 CONGRESSIONAL RECORD—SENATE October 20, 2005 104), both of which documented public con- ested in implementing electronic media lit- a program that funds additional research de- cerns about how electronic media products eracy initiatives do not have the evidence termined to be necessary by the panel under influence children’s development. needed to design, implement, or assess the subsection (a) concerning the role and im- (2) Congress has held hearings over the value of these efforts. pact of electronic media in the cognitive, past several decades to examine the impact (b) PURPOSE.—It is the purpose of this Act physical, and socio-behavioral development of specific types of media products such as to enable the Centers for Disease Control and of children and adolescents with a particular violent television, movies, and video games Prevention to— focus on the impact of factors such as media on children’s and adolescents’ health and de- (1) examine the role and impact of elec- content, format, length of exposure, age of velopment. These hearings and other public tronic media in children’s and adolescents’ discussions about the role of media in chil- cognitive, social, emotional, physical, and child or adolescent, and nature of parental dren’s and adolescents’ development require behavioral development; and involvement. Such program shall include ex- behavioral and social science research to in- (2) provide for a report to Congress con- tramural and intramural research and shall form the policy deliberations. taining the empirical evidence and other re- support collaborative efforts to link such re- (3) There are important gaps in our knowl- sults produced by the research funded search to other Department of Health and edge about the role of electronic media and through grants under this Act. Human Services research investigations on in particular, the newer interactive digital SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF early child health and development. media, in children’s and adolescents’ healthy ELECTRONIC MEDIA IN THE DEVEL- ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to development. The consequences of very early OPMENT OF CHILDREN AND ADO- receive a grant under this section, an entity screen usage by babies and toddlers on chil- LESCENTS. shall— dren’s cognitive growth are not yet under- Part P of title III of the Public Health ‘‘(1) prepare and submit to the Director an stood, nor has a research base been estab- Service Act (42 U.S.C. 280g et seq.) is amend- application at such time, in such manner, lished on the psychological consequences of ed by adding at the end the following: high definition interactive media and other ‘‘SEC. 399O. RESEARCH ON THE ROLE AND IM- and containing such information as the Di- format differences for child and adolescent PACT OF ELECTRONIC MEDIA IN rector may require; and viewers. THE DEVELOPMENT OF CHILDREN ‘‘(2) agree to use amounts received under (4) Studies have shown that children who AND ADOLESCENTS. the grant to carry out activities that estab- ‘‘(a) IN GENERAL.—The Director of the Cen- primarily watch educational shows on tele- lish or implement a research program relat- ters for Disease Control and Prevention (re- vision during their preschool years are sig- ing to the effects of media on children and ferred to in this section as the ‘Director’) nificantly more successful in school 10 years adolescents pursuant to guidelines developed shall enter into appropriate arrangements later even when critical contributors to the by the Director relating to consultations child’s environment are factored in, includ- with the National Academy of Science in with experts in the area of study. collaboration with the Institute of Medicine ing their household income, parent’s edu- ‘‘(e) USE OF FUNDS RELATING TO THE ME- to establish an independent panel of experts cation, and intelligence. DIA’S ROLE IN THE LIFE OF A CHILD OR ADO- (5) The early stages of childhood are a crit- to review, synthesize and report on research, theory, and applications in the social, behav- LESCENT.—An entity shall use amounts re- ical formative period for development. Vir- ceived under a grant under this section to tually every aspect of human development is ioral, and biological sciences and to estab- lish research priorities regarding the posi- conduct research concerning the social, cog- affected by the environments and experi- nitive, emotional, physical, and behavioral ences that one encounters during his or her tive and negative roles and impact of elec- development of children or adolescents as re- early childhood years, and media exposure is tronic media use, including television, mo- lated to electronic mass media, including the an increasing part of every child’s social and tion pictures, DVD’s, interactive video physical environment. games, and the Internet, and exposure to areas of— (6) As of the late 1990’s, just before the Na- that content and medium on youth in the ‘‘(1) television; tional Institute of Child Health and Human following core areas of child and adolescent ‘‘(2) motion pictures; Development funded 5 studies on the role of development: ‘‘(3) DVD’s; sexual messages in the media on children’s ‘‘(1) COGNITIVE.—The role and impact of ‘‘(4) interactive video games; and adolescents’ sexual attitudes and sexual media use and exposure in the development ‘‘(5) the Internet; and practices, a review of research in this area of children and adolescents within such cog- ‘‘(6) cell phones. found only 15 studies ever conducted in the nitive areas as language development, atten- ‘‘(f) REPORTS.— United States on this topic, even during a tion span, problem solving skills (such as the ‘‘(1) REPORT TO DIRECTOR.—Not later than time of growing concerns about HIV infec- ability to conduct multiple tasks or 12 months after the date of enactment of this tion. ‘multitask’), visual and spatial skills, read- section, the panel under subsection (a) shall (7) In 2001, a National Academy of Sciences ing, and other learning abilities. submit the report required under such sub- study group charged with studying Internet ‘‘(2) PHYSICAL.—The role and impact of section to the Director. pornography exposure on youth found vir- media use and exposure on children’s and ‘‘(2) REPORT TO CONGRESS.—Not later than tually no literature about how much chil- adolescents’ physical coordination, diet, ex- December 31, 2011, the Director shall prepare dren and adolescents were exposed to Inter- ercise, sleeping and eating routines, and and submit to the Committee on Health, net pornography or how such content im- other areas of physical development. Education, Labor, and Pensions of the Sen- pacts their development. ‘‘(3) SOCIO-BEHAVIORAL.—The influence of ate, and Committee on Education and the (8) In order to develop strategies that interactive media on children’s and adoles- Workforce of the House of Representatives a maximize the positive and minimize the neg- cents’ family activities and peer relation- report that— ative effects of each medium on children’s ships, including indoor and outdoor play ‘‘(A) summarizes the empirical evidence physical, cognitive, social, and emotional de- time, interaction with parents, consumption and other results produced by the research velopment, it would be beneficial to develop habits, social relationships, aggression, under this section in a manner that can be a research program that can track the media prosocial behavior, and other patterns of de- understood by the general public; habits of young children and their families velopment. ‘‘(B) places the evidence in context with over time using valid and reliable research ‘‘(b) PILOT PROJECTS.—During the first other evidence and knowledge generated by methods. year in which the National Academy of the scientific community that address the (9) Research about the impact of the media Sciences panel is summarizing the data and same or related topics; and on children and adolescents is not presently creating a comprehensive research agenda in ‘‘(C) discusses the implications of the col- supported through one primary pro- the children and adolescents and media area lective body of scientific evidence and grammatic effort. The responsibility for di- under subsection (a), the Secretary shall pro- knowledge regarding the role and impact of recting the research is distributed across dis- vide for the conduct of initial pilot projects the media on children and adolescents, and parate agencies in an uncoordinated fashion, to supplement and inform the panel in its makes recommendations on how scientific or is overlooked entirely. The lack of any work. Such pilot projects shall consider the evidence and knowledge may be used to im- centralized organization for research mini- role of media exposure on— prove the healthy developmental and learn- mizes the value of the knowledge produced ‘‘(1) cognitive and social development dur- ing capacities of children and adolescents. by individual studies. A more productive ap- ing infancy and early childhood; and proach for generating valuable findings ‘‘(2) the development of childhood and ado- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— about the impact of the media on children lescent obesity, particularly as a function of There are authorized to be appropriated to and adolescents would be to establish a sin- media advertising and sedentary lifestyles carry out this section— gle, well-coordinated research effort with that may co-occur with heavy media diets. ‘‘(1) $10,000,000 for fiscal year 2006; primary responsibility for directing the re- ‘‘(c) RESEARCH PROGRAM.—Upon comple- ‘‘(2) $15,000,000 for fiscal year 2007; search agenda. tion of the review under subsection (a), the ‘‘(3) $15,000,000 for fiscal year 2008; (10) Due to the paucity of research about Director of the Centers for Disease Control ‘‘(4) $25,000,000 for fiscal year 2009; and electronic media, educators and others inter- and Prevention shall develop and implement ‘‘(5) $25,000,000 for fiscal year 2010.’’.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23391 SUBMITTED RESOLUTIONS Whereas, on average, more than 3 women and sex tourism has increased throughout are murdered by their husbands or boy- the world; friends in the United States every day; Whereas the need to increase the public SENATE RESOLUTION 282—SUP- Whereas women who have been abused are awareness and understanding of domestic vi- PORTING THE GOALS AND much more likely to suffer from chronic olence and the needs of battered women and IDEALS OF NATIONAL DOMESTIC pain, diabetes, depression, unintended preg- their children continues to exist; nancies, substance abuse, and sexually trans- Whereas the month of October 2005 has VIOLENCE AWARENESS MONTH mitted infections, including HIV/AIDS; been recognized as National Domestic Vio- AND EXPRESSING THE SENSE OF Whereas only about 10 percent of primary lence Awareness Month, a month for activi- THE SENATE THAT CONGRESS care physicians routinely screen for domes- ties furthering awareness of domestic vio- SHOULD RAISE AWARENESS OF tic violence during new patient visits, and 9 lence; and DOMESTIC VIOLENCE IN THE percent routinely screen during periodic Whereas the dedication and successes of UNITED STATES AND ITS DEV- checkups; those working tirelessly to end domestic vio- ASTATING EFFECTS OF FAMI- Whereas each year, about 324,000 pregnant lence and the strength of the survivors of do- mestic violence should be recognized: Now, LIES women in the United States are battered by the men in their lives, leading to pregnancy therefore, be it Mr. BIDEN (for himself, Mr. ROCKE- complications, such as low-weight gain, ane- Resolved, That the Senate FELLER, Mr. JOHNSON, Mrs. MURRAY, mia, infections, and first and second tri- (1) supports the goals and ideals of Na- tional Domestic Violence Awareness Month; Ms. CANTWELL, Mr. LAUTENBERG, Mr. mester bleeding; Whereas every 2 minutes, someone in the and BAYH, Mr. KOHL, Mrs. CLINTON, Ms. (2) expresses the sense of the Senate that STABENOW, Mr. CORZINE, Mr. AKAKA, United States is sexually assaulted; Whereas almost 25 percent of women sur- Congress should continue to raise awareness Mrs. BOXER, Ms. MIKULSKI, Mr. DAY- veyed had been raped or physically assaulted of domestic violence in the United States TON, Mr. CORNYN, Mr. SARBANES, Mr. by a spouse or boyfriend at some point in and its devastating impact on families. STEVENS, Mr. SPECTER, Mr. LEAHY, Mr. their lives; f TALENT, Mr. KERRY, Mr. BYRD, Mr. Whereas in 2002 alone, 250,000 women and SENATE RESOLUTION 283—RECOG- NELSON of Florida, Mr. KENNEDY, Mr. girls older than the age of 12 were raped or NIZING THE CONTRIBUTIONS OF FEINGOLD, and Mr. SALAZAR) submitted sexually assaulted; KOREAN AMERICANS TO THE the following resolution; which was re- Whereas 64 percent of women have reported UNITED STATES AND ENCOUR- ferred to the Committee on the Judici- being raped, physically assaulted, or stalked AGING THE CELEBRATION OF ary: since age 18 by their current or former inti- mate partner; ‘‘KOREAN AMERICAN DAY’’ S. RES. 282 Whereas 1 out of every 12 women has been Mr. ALLEN (for himself and Mr. DUR- Whereas 2005 marks the 11th anniversary of stalked in her lifetime; BIN) submitted the following resolu- the enactment of the Violence Against Whereas approximately 503,000 women are Women Act of 1994 (Public Law 103-322, 108 stalked by an intimate partner annually in tion; which was referred to the Com- Stat. 1902); the United States; mittee on the Judiciary. Whereas since the passage of the Violence Whereas the influence of cultural norms, S. RES. 283 Against Women Act of 1994, communities economics, language barriers, and limited Whereas on January 13, 1903, the arrival of have made significant progress in reducing access to legal services and information may 102 pioneer immigrants to the United States domestic violence such that between 1993 and render some immigrant women particularly initiated the first chapter of Korean immi- 2001, the incidents of nonfatal domestic vio- vulnerable to abuse; gration to the United States; lence fell 49 percent; Whereas 1 in 5 adolescent girls in the Whereas members of the early Korean Whereas the Violence Against Women Act United States becomes a victim of physical American community served with distinc- of 1994 cost $15.50 per woman to implement, or sexual abuse, or both, in a dating relation- tion in the Armed Forces of the United and has been estimated to save $159 per ship; States during World War I, World War II, and woman, totaling a savings of nearly Whereas 40 percent of girls ages 14 to 17 re- the conflict in Korea; $14,800,000,000 since its creation in averted port knowing someone their age who has Whereas in the early 1950s, thousands of costs of victimization; been hit or beaten by a boyfriend; Koreans, fleeing from war, poverty, and deso- Whereas since it was created by the Vio- Whereas approximately 8,800,000 children lation, came to the United States seeking lence Against Women Act of 1994, the Na- in the United States witness domestic vio- opportunities; tional Domestic Violence Hotline has been lence each year; Whereas Korean Americans, like waves of used to answer over 1,000,000 calls; Whereas witnessing domestic violence in- immigrants to the United States before Whereas States have passed over 660 State creases the risk of developing long-term them, have taken root and thrived as a re- laws pertaining to domestic violence, stalk- physical and mental health problems, future sult of strong family ties, robust community ing, and sexual assault; struggles with substance abuse, and experi- support, and countless hours of hard work; Whereas the Violence Against Women Act encing domestic abuse as a victim; Whereas the contributions of Korean of 1994 has helped make strides toward Whereas a boy who witnesses his father’s Americans to the United States include the breaking the cycle of violence, but there re- domestic violence is 10 times more likely to invention of the first beating heart operation mains much work to be done; engage in domestic violence than a boy from for coronary artery heart disease, develop- Whereas the Senate recently passed the Vi- a nonviolent home; ment of the nectarine, a 4-time Olympic gold olence Against Women Act of 2005 which re- Whereas almost 37 percent of all women medalist, and achievements in engineering, authorized critical components of the origi- who sought care in hospital emergency architecture, medicine, acting, singing, nal Act and established additional protec- rooms for violence-related injuries were in- sculpture, and writing; tions for battered immigrants and victims of jured by a current or former spouse, boy- Whereas Korean Americans play a crucial human trafficking in order to further com- friend, or girlfriend; role in maintaining the strength and vitality bat domestic violence and sexual assault; Whereas the cost of domestic violence, in- of the United States-Korean partnership; Whereas domestic violence affects women, cluding rape, physical assault, and stalking, Whereas the centennial year of 2003 men, and children of all racial, social, reli- exceeds $5,800,000,000 each year, of which marked an important milestone in the now gious, ethnic, and economic groups in the $4,100,000,000 is spent on direct medical and more than 100-year history of Korean immi- United States; mental health care services; gration; and Whereas protecting the economic security Whereas 44 percent of the mayors of the Whereas the Centennial Committees of Ko- of victims can help break the cycle of domes- United States have identified domestic vio- rean Immigration and Korean Americans tic violence; lence as a primary cause of homelessness; have designated January 13th of each year as Whereas abusers frequently seek to control Whereas over 50 percent of abused women ‘‘Korean American Day’’ to memorialize the their partners by actively interfering with lose at least 3 days of work per month due to more than 100-year journey of Korean Ameri- the ability of their partners to work, includ- domestic violence, 60 percent of battered cans in the United States: Now, therefore, be ing by preventing their partners from going women endure reprimands for arriving late it to work and harassing their partners at to work and displaying other work-related Resolved, That the Senate— work; problems associated with abuse, and 70 per- (1) supports the goals and ideals of a ‘‘Ko- Whereas only 28 States and the District of cent report difficulties in performing their rean American Day’’; Columbia have laws that explicitly provide work due to the effects of domestic violence; (2) commemorates the 103rd anniversary of unemployment insurance to victims of do- Whereas existing statistical data suggests the arrival of the first Korean immigrants to mestic violence under certain circumstances; that forced prostitution, trafficking for sex, the United States; and

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23392 CONGRESSIONAL RECORD—SENATE October 20, 2005 (3) encourages the people of the United have known that, a century later, and SA 2157. Mr. LEAHY (for himself, Mr. States to— just a few miles from where they land- COLEMAN, Mr. SARBANES, Mr. GRAHAM, Mr. (A) share in such commemoration in order ed in Honolulu, a sixteen-year-old Ko- REED, Ms. SNOWE, Mr. SCHUMER, Mr. OBAMA, to greater appreciate the valuable contribu- rean American girl would announce to Mr. KOHL, Mr. DORGAN, Mr. NELSON, of Flor- tions Korean Americans have made to the ida, Mr. LAUTENBERG, Mr. LEVIN, Mr. KERRY, United States; and an eagerly awaiting world that she Mr. JEFFORDS, Mr. DODD, Ms. STABENOW, Mr. (B) to observe ‘‘Korean American Day’’ would become a professional golfer. CORZINE, Mr. SALAZAR, Mrs. CLINTON, Mr. with appropriate programs, ceremonies, and Michelle Wie’s announcement from DURBIN, Ms. COLLINS, Mrs. FEINSTEIN, Mr. activities. earlier this month instantly places her VOINOVICH, Mr. KENNEDY, Mr. DEWINE, Mr. Mr. DURBIN. Mr. President, I am among the most recognizable American SANTORUM, Mr. HARKIN, Mr. ROCKEFELLER, Mr. LIEBERMAN, Mr. DAYTON, Ms. CANTWELL, pleased to join Senator ALLEN as an celebrities, and makes her the third highest-paid female athlete in any Mr. SPECTER, Mr. BINGAMAN, Ms. LANDRIEU, original cosponsor in submitting a res- Mr. GRASSLEY, Mr. BAYH, Ms. MIKULSKI, Mr. sport, based on commercial endorse- olution recognizing the contributions JOHNSON, Mr. CHAFEE, and Mr. TALENT) sub- of Korean Americans and encouraging ment deals she has accepted. Yet, in mitted an amendment intended to be pro- the celebration of ‘‘Korean American her very first act as a professional golf- posed by him to the bill H.R. 3058, supra; Day.’’ er, Michelle donated $500,000 to the which was ordered to lie on the table. On January 13, 1903, a group of 102 hurricane relief effort. And, she will SA 2158. Mr. ENSIGN (for himself and Mr. men, women and children arrived on continue to attend high school where VITTER) proposed an amendment to amend- ment SA 2133 proposed by Mr. DORGAN (for the shores of Honolulu, HI, after a long she is an honors student. Korean Americans have indeed come himself, Mr. CRAIG, Mr. ENZI, and Mr. BAU- journey across the Pacific Ocean from CUS) to the bill H. R. 3058, supra. Korea. The story of these pioneers is a a long way in their rich one hundred SA 2159. Mr. NELSON, of Florida (for him- familiar one to all of us who trace our year history. In January 2003, Korean self and Mr. SMITH) submitted an amendment roots to a foreign nation. Americans all across the Nation cele- intended to be proposed by him to the bill Like countless other immigrant brated this centennial anniversary. H.R. 3058, supra; which was ordered to lie on groups before them, Koreans came to Leading up to that significant mile- the table. SA 2160. Mr. GRASSLEY (for himself, Mr. America in search of a better future. stone, the United States Senate unani- DORGAN, and Mr. BOND) proposed an amend- Others came to flee a devastating war, mously adopted a resolution during the ment to the bill H.R. 3058, supra. repressive government, and poverty. 107th Congress. SA 2161. Ms. CANTWELL (for herself, Mr. They traded in their sweat equity and To continue recognizing this history COLEMAN, Mr. HARKIN, Mr. BAYH, Mr. LUGAR, homesickness for the priceless oppor- of Korean Americans, I believe it is ap- and Mr. DAYTON) submitted an amendment tunity to achieve better economic and propriate to celebrate the 13th day of intended to be proposed by her to the bill educational opportunities and freedom each January as ‘‘Korean American H.R. 3058, supra; which was ordered to lie on the table. for themselves and for their families in Day.’’ The Allen-Durbin resolution would encourage such a tradition. SA 2162. Mr. REED submitted an amend- America. ment intended to be proposed by him to the During the past century, the Korean I ask my colleagues to support this bill H.R. 3058, supra. American population has grown to over resolution honoring the continuing SA 2163. Mr. HAGEL submitted an amend- one million, and Korean Americans contributions of Korean Americans to ment intended to be proposed by him to the now live in every single State of our our great Nation. bill H.R. 3058, supra; which was ordered to lie union. Today, they represent one of the f on the table. SA 2164. Mr. SALAZAR submitted an largest Asian American populations in AMENDMENTS SUBMITTED AND amendment intended to be proposed by him the Nation. I am proud to note that my PROPOSED to the bill H.R. 3058, supra; which was or- State of Illinois is home to over 50,000 dered to lie on the table. Korean Americans, making it the SA 2149. Ms. STABENOW proposed an SA 2165. Mr. COBURN submitted an amend- amendment to the bill H.R. 3058, making ap- ment intended to be proposed by him to the fourth most populated State for Ko- propriations for the Departments of Trans- rean Americans, according to the 2000 bill H.R. 3058, supra. portation, Treasury, and Housing and Urban SA 2166. Ms. LANDRIEU submitted an census data. Development, the Judiciary, District of Co- amendment intended to be proposed by her The contributions made by Korean lumbia, and independent agencies for the fis- to the bill H.R. 3058, supra; which was or- Americans to our Nation include nu- cal year ending September 30, 2006, and for dered to lie on the table. merous achievements in the fields of other purposes. SA 2167. Ms. LANDRIEU submitted an economics, education, science, archi- SA 2150. Ms. SNOWE (for herself, Mr. amendment intended to be proposed by her tecture, medicine, athletics, religion, THUNE, Ms. COLLINS, and Mr. JOHNSON) sub- to the bill H.R. 3058, supra. mitted an amendment intended to be pro- and the arts. Their entrepreneurial SA 2168. Ms. LANDRIEU submitted an posed by her to the bill H.R. 3058, supra. amendment intended to be proposed by her spirit and dedication to hard work have SA 2151. Mr. LOTT submitted an amend- to the bill H.R. 3058, supra. allowed Korean American-owned busi- ment intended to be proposed by him to the SA 2169. Ms. CANTWELL submitted an nesses to become the commercial and bill H.R. 3058, supra; which was ordered to lie amendment intended to be proposed by her economic foundations in countless on the table. to the bill H.R. 3058, supra; which was or- American cities and counties. The SA 2152. Mr. COLEMAN (for himself, Mr. dered to lie on the table. DAYTON, and Mr. DEWINE) submitted an unique traditional customs, cultures, SA 2170. Mr. CARPER submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the and the foods of the ‘‘Land of the to the bill H.R. 3058, supra; which was or- bill H.R. 3058, supra; which was ordered to lie Morning Calm’’ have enhanced the mo- dered to lie on the table. on the table. saic of our society. SA 2153. Mr. COBURN submitted an SA 2171. Mr. CARPER submitted an amend- Thousands of Korean Americans have amendment intended to be proposed by him ment intended to be proposed by him to the served in our Armed Services, from the to the bill H.R. 3058, supra; which was or- bill H.R. 3058, supra; which was ordered to lie two World Wars to the current wars in dered to lie on the table. on the table. Iraq and Afghanistan. They have also SA 2154. Mr. COBURN submitted an SA 2172. Mr. CARPER submitted an amend- amendment intended to be proposed by him served in public and private ways to ment intended to be proposed by him to the to the bill H.R. 3058, supra; which was or- bill H.R. 3058, supra; which was ordered to lie enhance the long standing relationship dered to lie on the table. on the table. between the United States and Korea SA 2155. Mr. LAUTENBERG (for himself SA 2173. Mr. COLEMAN (for himself, Mr. that is based on our shared economic and Mr. CORZINE) submitted an amendment LEVIN, Mr. AKAKA, and Mr. CARPER) sub- and security interests. intended to be proposed by him to the bill mitted an amendment intended to be pro- The 102 pioneers who made that fate- H.R. 3058, supra; which was ordered to lie on posed by him to the bill H.R. 3058, supra. ful decision to leave their home coun- the table. SA 2174. Mr. BOND (for himself and Mrs. SA 2156. Mr. LAUTENBERG (for himself try in 1902 for Hawaii probably wished MURRAY) proposed an amendment to the bill and Mr. CORZINE) submitted an amendment H.R. 3058, supra. for not much more than a chance to intended to be proposed by him to the bill SA 2175. Mr. BOND (for himself and Mrs. live on the rich American soil. Never in H.R. 3058, supra; which was ordered to lie on MURRAY) proposed an amendment to the bill their wildest imagination could they the table. H.R. 3058, supra.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23393 SA 2176. Mr. BOND (for himself and Mrs. making appropriations for the Depart- tion Administration effective October 3, 2005; MURRAY) proposed an amendment to the bill ments of Transportation, Treasury, or H.R. 3058, supra. and Housing and Urban Development, (B) create any individual rights of actions SA 2177. Mr. BOND proposed an amend- the Judiciary, District of Columbia, regarding such reduction-in-force or any ment to the bill H.R. 3058, supra. other actions related to or arising under the SA 2178. Mr. BOND (for Mr. REID) proposed and independent agencies for the fiscal competitive sourcing of flight services. an amendment to the bill H.R. 3058, supra. year ending September 30, 2006, and for (2) An employee subject to this section SA 2179. Mr. BOND (for Mr. DURBIN (for other purposes; as follows: shall not be— himself and Mr. OBAMA)) proposed an amend- At the appropriate place, insert the fol- (A) covered by chapter 71 of title 5, United ment to the bill H.R. 3058, supra. lowing: States Code, while on the assignment au- SA 2180. Mr. BOND (for Mrs. MURRAY) pro- SEC. ll.(a)(1) This section shall apply to thorized by this section; or posed an amendment to the bill H.R. 3058, an employee of the Federal Aviation Admin- (B) subject to section 208 of title 18, United supra. istration, who— States Code. SA 2181. Mr. STEVENS (for himself, Ms. (A) would be involuntarily separated as a (3) Temporary employees assigned under MURKOWSKI, and Mr. FRIST) submitted an result of the reorganization of the Flight this section shall not be Federal employees amendment intended to be proposed by him Services Unit following the outsourcing of for purposes of chapter 171 of title 28, United to the bill H.R. 3058, supra. flight service duties to a contractor; States Code (commonly referred to as the SA 2182. Mr. LEVIN submitted an amend- (B) was not eligible by October 3, 2005 for Federal Tort Claims Act). Chapter 171 of ment intended to be proposed by him to the an immediate annuity under a Federal re- title 28, United States Code (commonly re- ferred to as the Federal Tort Claims Act) and bill H.R. 3058, supra. tirement system; and any other Federal tort liability statute shall SA 2183. Mr. BOND (for Mr. FRIST (for him- (C) assuming continued Federal employ- not apply to an employee who is assigned to self, Mrs. DOLE, and Mrs. BOXER)) proposed ment, would attain eligibility for an imme- a contractor under subsection (a). an amendment to the bill H.R. 3058, supra. diate annuity under section 8336(d) or 8414(b) SA 2184. Mr. BOND (for Mrs. MURRAY) pro- of title 5, United States Code, not later than SA 2151. Mr. LOTT submitted an posed an amendment to the bill H.R. 3058, October 4, 2007. amendment intended to be proposed by supra. (2) Notwithstanding any other provision of him to the bill H.R. 3058, making ap- SA 2185. Mr. BOND proposed an amend- law, during the period beginning on the date ment to the bill H.R. 3058, supra. of enactment of this Act and ending October propriations for the Departments of SA 2186. Mr. BOND (for Mr. NELSON, OF 4, 2007, an employee described under para- Transportation, Treasury, and Housing FLORIDA (for himself and Mr. SMITH)) pro- graph (1) may, with the approval of the Ad- and Urban Development, the Judiciary, posed an amendment to the bill H.R. 3058, ministrator of the Federal Aviation Admin- District of Columbia, and independent supra. istration or the designee of the Adminis- agencies for the fiscal year ending Sep- SA 2187. Mr. BOND (for Mr. LOTT (for him- trator, accept an assignment to such con- tember 30, 2006, and for other purposes; self and Mr. LAUTENBERG)) proposed an tractor within 14 days after the date of en- which was ordered to lie on the table; amendment to the bill H.R. 3058, supra. actment of this section. as follows: SA 2188. Mr. BOND (for Mr. LAUTENBERG) (3) Except as provided in subsection (c), an On page 250, line 9, strike the colon, and all proposed an amendment to the bill H.R. 3058, employee appointed under paragraph (1)— through line 17 on page 252 and insert the fol- supra. (A) shall be a temporary Federal employee lowing: ’’. SA 2189. Mr. BOND (for Mr. COLEMAN (for for the duration of the assignment; himself, Mr. DAYTON, and Mr. DEWINE)) pro- (B) notwithstanding such temporary sta- DIVISION—AMTRAK posed an amendment to the bill H.R. 3058, tus, shall retain previous enrollment or par- SECTION 1. SHORT TITLE. supra. ticipation in Federal employee benefits pro- This division may be cited as the ‘‘Pas- SA 2190. Mr. BOND (for Mr. COBURN) pro- grams under chapters 83, 84, 87, and 89 of title senger Rail Investment and Improvement posed an amendment to the bill H.R. 3058, 5, United States Code; and Act of 2005’’. supra. (C) shall be considered to have not had a SEC. 2. AMENDMENT OF TITLE 49, UNITED SA 2191. Mr. REED submitted an amend- break in service for purposes of chapters 83, STATES CODE. ment intended to be proposed by him to the 84, and sections 8706(b) and 8905(b) of title 5, Except as otherwise specifically provided, bill H.R. 3058, supra; which was ordered to lie United States Code, except no service credit whenever in this division an amendment is on the table. or benefits shall be extended retroactively. expressed in terms of an amendment to a SA 2192. Mr. BINGAMAN (for himself and (4) An assignment and temporary appoint- section or other provision of law, the ref- Mr. AKAKA) submitted an amendment in- ment under this section shall terminate on erence shall be considered to be made to a tended to be proposed by him to the bill H.R. the earlier of— section or other provision of title 49, United 3058, supra; which was ordered to lie on the (A) October 4, 2007; or States Code. table. (B) the date on which the employee first SEC. 3. TABLE OF CONTENTS. The table of contents for this division is as f becomes eligibility for an immediate annu- ity under section 8336(d) or 8414(b) of title 5, follows: Sec. 1. Short title. TEXT OF AMENDMENTS United States Code. Sec. 2. Amendment of title 49, United States (5) Such funds as may be necessary are au- SA 2149. Ms. STABENOW proposed an Code. amendment to the bill H.R. 3058, mak- thorized for the Federal Aviation Adminis- Sec. 3. Table of contents. tration to pay the salary and benefits of an TITLE I—AUTHORIZATIONS ing appropriations for the Departments employee assigned under this section, but no of Transportation, Treasury, and Hous- funds are authorized to reimburse the em- Sec. 101. Authorization for Amtrak capital ing and Urban Development, the Judi- ploying contractor for the salary and bene- and operating expenses and ciary, District of Columbia, and inde- fits of an employee so assigned. State capital grants. pendent agencies for the fiscal year (b) An employee who is being involuntarily Sec. 102. Authorization for the Federal Rail- separated as a result of the reorganization of road Administration. ending September 30, 2006, and for Sec. 103. Repayment of long-term debt and the Flight Services Unit following the out- other purposes; as follows: capital leases. sourcing of flight service duties to a con- On page 277, line 18, ‘‘strike activities;’’ Sec. 104. Excess railroad retirement. tractor, and is eligible to use annual leave and insert the following: ‘‘activities; pursu- Sec. 105. Other authorizations. under the conditions of section 6302(g) of ant to section 3004(b) of the Exchange Rates TITLE II—AMTRAK REFORM AND OPERATIONAL title 5, United States Code, may use such and International Economic Policy Coordi- IMPROVEMENTS leave to— nation Act of 1988 (22 U.S.C. 5304(b)), not to (1) qualify for an immediate annuity or to Sec. 201. National railroad passenger trans- exceed $1,000,000 is for the Secretary of the meet the age or service requirements for an portation system defined. Treasury, in conjunction with the President, Sec. 202. Amtrak Board of Directors. enhanced annuity that the employee could to implement said subsection as it pertains Sec. 203. Establishment of improved finan- qualify for under sections 8336, 8412, or 8414; to governments and trade violations involv- cial accounting system. or ing currency manipulation and other trade Sec. 204. Development of 5-year financial (2) to meet the requirements under section violations;’’. plan. 8905(b) of title 5, United States Code, to qual- Sec. 205. Establishment of grant process. ify to continue health benefits coverage Sec. 206. State-supported routes. SA 2150. Ms. SNOWE (for herself, Mr. after retirement from service. Sec. 207. Independent auditor to establish THUNE, Ms. COLLINS, and Mr. JOHNSON) (c)(1) Nothing in this section shall— methodologies for Amtrak submitted an amendment intended to (A) affect the validity or legality of the re- route and service planning deci- be proposed by her to the bill H.R. 3058, duction-in-force actions of the Federal Avia- sions.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0686 Sfmt 0655 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23394 CONGRESSIONAL RECORD—SENATE October 20, 2005 Sec. 208. Metrics and standards. (4) 25 percent for fiscal year 2009. (1) $5,000,000 for each of fiscal years 2006 Sec. 209. Passenger train performance. (5) 31 percent for fiscal year 2010. through 2011 to carry out the rail coopera- Sec. 210. Long distance routes. (6) 33 percent for fiscal year 2011. tive research program under section 24910 of Sec. 211. Alternate passenger rail service (d) PROJECT MANAGEMENT OVERSIGHT.—The title 49, United States Code; program. Secretary may withhold up to 1⁄2 of 1 percent (2) $5,000,000 for fiscal year 2006, to remain Sec. 212. Employee transition assistance. of amounts appropriated pursuant to sub- available until expended, for grants to Am- Sec. 213. Northeast Corridor state-of-good- section (b) for the costs of project manage- trak and States participating in the Next repair plan. ment oversight of capital projects carried Generation Corridor Train Equipment Pool Sec. 214. Northeast Corridor infrastructure out by Amtrak. Committee established under section 303 of and operations improvements. SEC. 102. AUTHORIZATION FOR THE FEDERAL this Act for the purpose of designing, devel- Sec. 215. Restructuring long-term debt and RAILROAD ADMINISTRATION. oping specifications for, and initiating the capital leases. There are authorized to be appropriated to procurement of an initial order of 1 or more Sec. 216. Study of compliance requirements the Secretary of Transportation for the use types of standardized next-generation cor- at existing intercity rail sta- of the Federal Railroad Administration such ridor train equipment and establishing a tions. sums as necessary to implement the provi- jointly-owned corporation to manage that Sec. 217. Incentive pay. sions required under this division for fiscal equipment; and Sec. 218. Access to Amtrak equipment and years 2006 through 2011. (3) $2,000,000 for fiscal year 2007, for the use services. SEC. 103. REPAYMENT OF LONG-TERM DEBT AND of Amtrak in conducting the evaluation re- Sec. 219. General Amtrak provisions. CAPITAL LEASES. quired by section 216 of this Act. Sec. 220. Private sector funding of passenger (a) AMTRAK PRINCIPAL AND INTEREST PAY- TITLE II—AMTRAK REFORM AND trains. MENTS.— OPERATIONAL IMPROVEMENTS Sec. 221. On-board service improvements. (1) PRINCIPAL ON DEBT SERVICE.—There are Sec. 222. Management accountability. SEC. 201. NATIONAL RAILROAD PASSENGER authorized to be appropriated to the Sec- TRANSPORTATION SYSTEM DE- TITLE III—INTERCITY PASSENGER RAIL POLICY retary of Transportation for the use of Am- FINED. Sec. 301. Capital assistance for intercity pas- trak for retirement of principal on loans for (a) IN GENERAL.—Section 24102 is amend- senger rail service. capital equipment, or capital leases, not ed— Sec. 302. State rail plans. more than the following amounts: (1) by striking paragraph (2); Sec. 303. Next generation corridor train (A) For fiscal year 2006, $130,200,000. (2) by redesignating paragraphs (3) , (4) , equipment pool. (B) For fiscal year 2007, $140,700,000. and (5) as paragraphs (2), (3), and (4), respec- Sec. 304. Federal rail policy. (C) For fiscal year 2008, $156,000,000. tively; and Sec. 305. Rail cooperative research program. (D) For fiscal year 2009, $183,800,000. (3) by inserting after paragraph (4) as so re- TITLE IV—PASSENGER RAIL SECURITY AND (E) For fiscal year 2010, $156,100,000. designated the following: SAFETY (F) For fiscal year 2011, $193,500,000. ‘‘(5) ‘national rail passenger transportation (2) INTEREST ON DEBT.—There are author- systems’ means— Sec. 401. Systemwide Amtrak security up- ized to be appropriated to the Secretary of ‘‘(A) the segment of the Northeast Corridor grades. Transportation for the use of Amtrak for the between Boston, Massachusetts, and Wash- Sec. 402. Fire and life-safety improvements. payment of interest on loans for capital ington, D.C.; Sec. 403. Amtrak plan to assist families of equipment, or capital leases, the following ‘‘(B) rail corridors that have been des- passengers involved in rail pas- amounts: ignated by the Secretary of Transportation senger accidents. (A) For fiscal year 2006, $148,100,000. as high-speed corridors (other than corridors Sec. 404. Northern border rail passenger re- (B) For fiscal year 2007, $141,500,000. described in subparagraph (A)), but only port. (C) For fiscal year 2008, $133,800,000. after they have been improved to permit op- Sec. 405. Passenger, baggage, and cargo (D) For fiscal year 2009, $124,000,000. eration of high-speed service; screening. (E) For fiscal year 2010, $113,900,000. ‘‘(C) long-distance routes of more than 750 TITLE V—RAIL BOND AUTHORITY (F) For fiscal year 2011, $103,800,000. miles between endpoints operated by Amtrak Sec. 501. Intercity rail facility bonds. (3) EARLY BUYOUT OPTION.—There are au- as of the date of enactment of the Passenger thorized to be appropriated to the Secretary TITLE I—AUTHORIZATIONS Rail Investment and Improvement Act of of Transportation such sums as may be nec- 2005; and SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL essary for the use of Amtrak for the pay- ‘‘(D) short-distance corridors, or routes of AND OPERATING EXPENSES AND ment of costs associated with early buyout not more than 750 miles between endpoints, STATE CAPITAL GRANTS. options if the exercise of those options is de- operated by— (a) OPERATING GRANTS.—There are author- termined to be advantageous to Amtrak. ‘‘(i) Amtrak; or ized to be appropriated to the Secretary of (4) LEGAL EFFECT OF PAYMENTS UNDER THIS ‘‘(ii) another rail carrier that receives Transportation for the use of Amtrak for op- SECTION.—The payment of principal and in- funds under chapter 244.’’. erating costs the following amounts: terest on secured debt, with the proceeds of (b) AMTRAK ROUTES WITH STATE FUNDING.— (1) For fiscal year 2006, $580,000,000. grants authorized by this section shall not— (1) IN GENERAL.—Chapter 247 is amended by (2) For fiscal year 2007, $590,000,000. (A) modify the extent or nature of any in- inserting after section 24701 the following: (3) For fiscal year 2008, $600,000,000. debtedness of the National Railroad Pas- (4) For fiscal year 2009, $575,000,000. ‘‘§ 24702. Transportation requested by States, senger Corporation to the United States in (5) For fiscal year 2010, $535,000,000. authorities, and other persons existence of the date of enactment of this (6) For fiscal year 2011, $455,000,000. ‘‘(a) CONTRACTS FOR TRANSPORTATION.— Act; (b) CAPITAL GRANTS.—There are authorized Amtrak may enter into a contract with a (B) change the private nature of Amtrak’s to be appropriated to the Secretary of Trans- State, a regional or local authority, or an- or its successors’ liabilities; or portation for the use of Amtrak to bring the other person for Amtrak to operate an inter- (C) imply any Federal guarantee or com- Northeast Corridor as defined in section city rail service or route not included in the mitment to amortize Amtrak’s outstanding 24102(a) to a state-of-good-repair, for capital national rail passenger transportation sys- indebtedness. expenses of the national railroad passenger tem upon such terms as the parties thereto transportation system, and for purposes of SEC. 104. EXCESS RAILROAD RETIREMENT. my agree. making capital grants to states under sec- There are authorized to be appropriated to ‘‘(b) DISCONTINUANCE.—Upon termination tion 301 of this Act, the following amounts: the Secretary of Transportation, beginning of a contract entered into under this section, (1) For fiscal year 2006, $813,000,000. with fiscal year 2006, such sums as may be or the cessation of financial support under (2) For fiscal year 2007, $910,000,000. necessary to pay to the Railroad Retirement such a contract by either party, Amtrak (3) For fiscal year 2008, $1,071,000,000. Account an amount equal to the amount may discontinue such service or route, not- (4) For fiscal year 2009, $1,096,000,000. Amtrak must pay under section 3221 of the withstanding any other provision of law.’’. (5) For fiscal year 2010, $1,191,000,000. Internal Revenue Code of 1986 in such fiscal (2) CONFORMING AMENDMENT.—The chapter (6) For fiscal year 2011, $1,231,000,000. years that is more than the amount needed analysis for chapter 247 is amended by in- (c) AMOUNTS FOR STATE GRANTS.—Out of for benefits for individuals who retire from serting after the item relating to section the amounts authorized under subsection (b), Amtrak and for their beneficiaries. For each 24701 the following: the following percentage shall be available fiscal year in which the Secretary makes ‘‘24702. Transportation requested by States, each fiscal year for capital grants to States such a payment, the amounts authorized by authorities, and other persons’’. under section 301 of this Act, to be adminis- section 101(a) shall be reduced by an amount (c) AMTRAK TO CONTINUE TO PROVIDE NON- tered by the Secretary of Transportation: equal to such payment. HIGH-SPEED SERVICES.—Nothing in this divi- (1) 3 percent for fiscal year 2006. SEC. 105. OTHER AUTHORIZATIONS. sion is intended to preclude Amtrak from re- (2) 11 percent for fiscal year 2007. There are authorized to be appropriated to storing, improving, or developing non-high- (3) 23 percent for fiscal year 2008. the Secretary of Transportation— speed intercity passenger rail service.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23395

(d) APPLICABILITY OF SECTION 24706.—Sec- (a) shall take effect on January 1, 2006. The passenger service operations or service ex- tion 24706 is amended by adding at the end members of the Amtrak Board serving on the pansions; the following: date of enactment of this Act may continue (7) an assessment of the continuing finan- ‘‘(c) APPLICABILITY.—This section applies to serve for the remainder of the term to cial stability of Amtrak, as indicated by fac- to all service over routes provided by Am- which they were appointed. tors such as the ability of the Federal gov- trak, notwithstanding any provision of sec- SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- ernment to fund capital and operating re- tion 24701 of this title or any other provision CIAL ACCOUNTING SYSTEM. quirements adequately, Amtrak’s ability to of this title except section 24702(b).’’. (a) IN GENERAL.—The Amtrak Board of Di- efficiently manage its workforce, and Am- SEC. 202. AMTRAK BOARD OF DIRECTORS. rectors— trak’s ability to effectively provide pas- (a) IN GENERAL.—Section 24302 is amended (1) may employ an independent financial senger train service; to read as follows: consultant with experience in railroad ac- (8) estimates of long-term and short-term ‘‘§ 24302. Board of directors counting to assist Amtrak in improving Am- debt and associated principle and interest payments (both current and anticipated); ‘‘(a) COMPOSITION AND TERMS.— trak’s financial accounting and reporting (1) The Board of Directors of Amtrak is system and practices; and (9) annual cash flow forecasts; composed of the following 9 directors, each (2) shall implement a modern financial ac- (10) a statement describing methods of es- of whom must be a citizen of the United counting and reporting system that will timation and significant assumptions; (11) specific measures that demonstrate States: produce accurate and timely financial infor- ‘‘(A) The Secretary of Transportation. mation in sufficient detail— measurable improvement year over year in ‘‘(B) The President of Amtrak, who shall (A) to enable Amtrak to assign revenues Amtrak’s ability to operate with reduced serve ex officio, as a non-voting member. and expenses appropriately to each of its Federal operating assistance; and ‘‘(C) 7 individuals appointed by the Presi- lines of business and to each major activity (12) capital and operating expenditures for dent of the United States, by and with the within each line of business activity, includ- anticipated security needs. advice and consent of the Senate, with gen- ing train operations, equipment mainte- (c) STANDARDS TO PROMOTE FINANCIAL STA- eral business and financial experience, expe- nance, ticketing, and reservations; BILITY.—In meeting the requirements of sub- rience or qualifications in transportation, (B) to aggregate expenses and revenues re- section (b), Amtrak shall— freight and passenger rail transportation, lated to infrastructure and distinguish them (1) apply sound budgetary practices, in- travel, hospitality, cruise line, and passenger from expenses and revenues related to rail cluding reducing costs and other expendi- air transportation businesses, or representa- operations; tures, improving productivity, increasing tives of employees or users of passenger rail (C) to allow the analysis of ticketing and revenues, or combinations of such practices; (2) use the categories specified in the fi- transportation or State government. reservation information on a real-time basis; ‘‘(2) In selecting individuals described in (D) to provide Amtrak cost accounting nancial accounting and reporting system de- paragraph (1) for nominations for appoint- data; and veloped under section 203 when preparing its ments to the Board, the President shall con- (E) to allow financial analysis by route and 5-year financial plan; and sult with the Speaker of the House of Rep- service. (3) ensure that the plan is consistent with resentatives, the Minority Leader of the (b) VERIFICATION OF SYSTEM; REPORT.—The the authorizations of appropriations under House of Representatives, the Majority Inspector General of the Department of title I of this division. (d) ASSESSMENT BY DOT INSPECTOR GEN- Leader of the Senate, and the Minority Lead- Transportation shall review the accounting ERAL.— er of the Senate and try to provide adequate system designed and implemented under sub- (1) IN GENERAL.—The Inspector General of and balanced representation of the major ge- section (a) to ensure that it accomplishes the the Department of Transportation shall as- ographic regions of the United States served purposes for which it is intended. The Inspec- sess the 5-year financial plans prepared by by Amtrak. tor General shall report his findings and con- Amtrak under this section to determine ‘‘(3) An individual appointed under para- clusions, together with any recommenda- whether they meet the requirements of sub- graph (l)(C) of this subsection serves for 5 tions, to the Senate Committee on Com- section (b), and may suggest revisions to any years or until the individual’s successor is merce, Science, and Transportation and the components thereof that do not meet those appointed and qualified. Not more than 4 in- House of Representatives Committee on requirements. dividuals appointed under paragraph (l)(C) Transportation and Infrastructure. (2) ASSESSMENT TO BE FURNISHED TO THE may be members of the same political party. SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL ‘‘(4) The Board shall elect a chairman and PLAN. CONGRESS.—The Inspector General shall fur- a vice chairman from among its membership. (a) DEVELOPMENT OF 5-YEAR FINANCIAL nish to the House of Representatives Com- The vice chairman shall serve as chairman in PLAN.—The Amtrak Board of Directors shall mittee on Appropriations, the Senate Com- the absence of the chairman. submit an annual budget and business plan mittee on Appropriations, the House of Rep- ‘‘(5) The Secretary may be represented at for Amtrak, and a 5-year financial plan for resentatives Committee on Transportation board meetings by the Secretary’s designee. the fiscal year to which that budget and and Infrastructure, and the Senate Com- ‘‘(6) The voting privileges of the President business plan relate and the subsequent 4 mittee on Commerce, Science, and Transpor- can be changed by a unanimous decision of years, prepared in accordance with this sec- tation— the Board. tion, to the Secretary of Transportation and (A) an assessment of the annual budget ‘‘(b) PAY AND EXPENSES.—Each director not the Inspector General of the Department of within 90 days after receiving it from Am- employed by the United States Government Transportation no later than— trak; and is entitled to $300 a day when performing (1) the first day of each fiscal year begin- (B) an assessment of the remaining 4 years Board duties. Each Director is entitled to re- ning after the date of enactment of this Act; of the 5-year financial plan within 180 days imbursement for necessary travel, reason- or after receiving it from Amtrak. able secretarial and professional staff sup- (2) the date that is 60 days after the date of SEC. 205. ESTABLISHMENT OF GRANT PROCESS. port, and subsistence expenses incurred in enactment of an appropriation Act for the (a) GRANT REQUESTS.—Amtrak shall sub- attending Board meetings. fiscal year, if later. mit grant requests (including a schedule for ‘‘(c) VACANCIES.—A vacancy on the Board (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.— the disbursement of funds), consistent with is filled in the same way as the original se- The 5-year financial plan for Amtrak shall the requirements of this division, to the Sec- lection, except that an individual appointed include, at a minimum— retary of Transportation for funds author- by the President of the United States under (1) all projected revenues and expenditures ized to be appropriated to the Secretary for subsection (a)(l)(C) of this section to fill a for Amtrak, including governmental funding the use of Amtrak under sections 101(a) and vacancy occurring before the end of the term sources; (b), 103, and 105. for which the predecessor of that individual (2) projected ridership levels for all Am- (b) PROCEDURES FOR GRANT REQUESTS.— was appointed is appointed for the remainder trak passenger operations; The Secretary shall establish substantive of that term. A vacancy required to be filled (3) revenue and expenditure forecasts for and procedural requirements, including by appointment under subsection (a) (l)(C) non-passenger operations; schedules, for grant requests under this sec- must be filled not later than 120 days after (4) capital funding requirements and ex- tion not later than 30 days after the date of the vacancy occurs. penditures necessary to maintain passenger enactment of this Act and shall transmit ‘‘(d) QUORUM.—A majority of the members service which will accommodate predicted copies to the Senate Committee on Com- serving shall constitute a quorum for doing ridership levels and predicted sources of cap- merce, Science, and Transportation and the business. ital funding; House of Representatives Committee on ‘‘(e) BYLAWS.—The Board may adopt and (5) operational funding needs, if any, to Transportation and Infrastructure. amend bylaws governing the operation of maintain current and projected levels of pas- (c) REVIEW AND APPROVAL. Amtrak. The bylaws shall be consistent with senger service, including state-supported (1) 30-DAY APPROVAL PROCESS.—The Sec- this part and the articles of incorporation.’’. routes and predicted funding sources; retary shall complete the review of a com- (b) EFFECTIVE DATE FOR DIRECTORS’ PROVI- (6) projected capital and operating require- plete grant request (including the disburse- SION.—The amendment made by subsection ments, ridership, and revenue for any new ment schedule) and approve or disapprove

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23396 CONGRESSIONAL RECORD—SENATE October 20, 2005 the request within 30 days after the date on establishment of new routes, the elimination and, for long distance routes, measures of which Amtrak submits the grant request. If of existing routes, and the contraction or ex- connectivity with other routes in all regions the Secretary disapproves the request or de- pansion of services or frequencies over such currently receiving Amtrak service and the termines that the request is incomplete or routes. In developing such methodologies, transportation needs of communities and deficient, the Secretary shall include the the auditor or consultant shall consider— populations that are not well-served by other reason for disapproval or the incomplete (1) the current or expected performance forms of public transportation. Amtrak shall items or deficiencies in the notice to Am- and service quality of intercity train oper- provide reasonable access to the Federal trak. ations, including cost recovery, on-time per- Railroad Administration in order to enable (2) 15-DAY MODIFICATION PERIOD.—Within 15 formance and minutes of delay, ridership, the Administration to carry out its duty days after receiving notification from the on-board services, stations, facilities, equip- under this section. Secretary under the preceding sentence, Am- ment, and other services; (b) QUARTERLY REPORTS.—The Adminis- trak shall submit a modified request for the (2) connectivity of a route with other trator of the Federal Railroad Administra- Secretary’s review. routes; tion shall collect the necessary data and (3) REVISED REQUESTS.—Within 15 days (3) the transportation needs of commu- publish a quarterly report on the perform- after receiving a modified request from Am- nities and populations that are not well ance and service quality of intercity train trak, the Secretary shall either approve the served by other forms of public transpor- operations, including cost recovery, rider- modified request, or, if the Secretary finds tation; ship, on-time performance and minutes of that the request is still incomplete or defi- (4) Amtrak’s and other major intercity delay, causes of delay, on-board services, sta- cient, the Secretary shall identify in writing passenger rail service providers in other tions, facilities, equipment, and other serv- to the Senate Committee on Commerce, countries’ methodologies for determining ices. Science, and Transportation and the House intercity passenger rail routes and services; (c) CONTRACT WITH HOST RAIL CARRIERS.— of Representatives Committee on Transpor- and To the extent practicable, Amtrak and its tation and Infrastructure the remaining defi- (5) the views of the States and other inter- host rail carriers shall incorporate the ciencies and recommend a process for resolv- ested parties. metrics and standards developed under sub- ing the outstanding portions of the request. (b) SUBMITTAL TO CONGRESS.—The auditor section (a) into their access and service SEC. 206. STATE-SUPPORTED ROUTES. or consultant shall submit recommendations agreements. (a) IN GENERAL.—Within 2 years after the developed under subsection (a) to Amtrak, SEC. 209. PASSENGER TRAIN PERFORMANCE. date of enactment of this Act, the Board of the House of Representatives Committee on (a) IN GENERAL.—Section 24308 is amended Directors of Amtrak, in consultation with Transportation and Infrastructure, and the by adding at the end the following: the Secretary of Transportation and the gov- Senate Committee on Commerce, Science, ‘‘(f) PASSENGER TRAIN PERFORMANCE AND ernors of each State and the Mayor of the and Transportation. OTHER STANDARDS.— District of Columbia or groups representing (c) CONSIDERATION OF RECOMMENDATIONS.— ‘‘(1) INVESTIGATION OF SUBSTANDARD PER- those officials, shall develop and implement Within 90 days after receiving the rec- FORMANCE.—If the on-time performance of a standardized methodology for establishing ommendations developed under subsection any intercity passenger train averages less and allocating the operating and capital (a) by the independent auditor or consultant, than 80 percent for any 2 consecutive cal- costs among the States and Amtrak associ- the Amtrak Board shall consider the adop- endar quarters, or the service quality of ated with trains operated on routes described tion of those recommendations. The Board intercity train operations for which min- in section 24102(5)(B) or (D) or section 24702 shall transmit a report to the Senate Com- imum standards are established under sec- that— mittee on Commerce, Science, and Transpor- tion 208 of the Passenger Rail Investment (1) ensures, within 5 years after the date of tation and the House of Representatives and Improvement Act of 2005 fails to meet enactment of this Act, equal treatment in Committee on Transportation and Infra- those standards for 2 consecutive calendar the provision of like services of all States structure explaining its action in adopting quarters, the Surface Transportation Board and groups of States (including the District or failing to adopt any of the recommenda- shall investigate whether, and to what ex- of Columbia); and tions. tent, delays or failure to achieve minimum (2) allocates to each route the costs in- (d) AUTHORIZATION OF APPROPRIATIONS.— standards are due to causes that could rea- curred only for the benefit of that route and There are authorized to be made available to sonably be, addressed by a rail carrier over a proportionate share, based upon factors the Secretary of Transportation, out of any the tracks of which the intercity passenger that reasonably reflect relative use, of costs amounts authorized by this division to be ap- train operates or reasonably addressed by incurred for the common benefit of more propriated for the benefit of Amtrak and not the intercity passenger rail operator. In car- than 1 route. otherwise obligated or expended, such sums rying out such an investigation, the Board (b) REVIEW.—If Amtrak and the States (in- as may be necessary to carry out this sec- shall obtain information from all parties in- cluding the District of Columbia) in which tion. volved and make recommendations regard- Amtrak operates such routes do not volun- (e) PIONEER ROUTE.—Within 2 years after ing reasonable measures to improve the serv- tarily adopt and implement the methodology the date of enactment of this Act, Amtrak ice, quality,’ and on-time performance of the developed under subsection (a) in allocating shall conduct a 1-time evaluation of the Pio- train. costs and determining compensation for the neer Route formerly operated by Amtrak to ‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR- provision of service in accordance with the determine, using methodologies adopted RIER.—If the Board determines that delays or date established therein, the Surface Trans- under subsection (c), whether a level of pas- failures to achieve minimum standards in- portation Board shall determine the appro- senger demand exists that would warrant vestigated under paragraph (1) are attrib- priate methodology required under sub- consideration of reinstating the entire Pio- utable to a rail carrier’s failure to provide section (a) for such services in accordance neer Route service or segments of that serv- preference to Amtrak over freight transpor- with the procedures and procedural schedule ice. tation under subsection (c), then the Board applicable to a proceeding under section SEC. 208. METRICS AND STANDARDS. shall enforce its recommendations for relief 24904(c) of title 49, United States Code, and (a) IN GENERAL.—Within 180 days after the under this section. require the full implementation of this date of enactment of this Act, the Adminis- ‘‘(3) PENALTIES.— methodology with regards to the provision of trator of the Federal Railroad Administra- ‘‘(A) IN GENERAL.—The Board shall publish such service within 1 year after the Board’s tion and Amtrak shall jointly, in consulta- a schedule of penalties which will— determination of the appropriate method- tion with the Surface Transportation Board, ‘‘(A) fairly reflect the extent to which Am- ology. rail carriers over whose rail lines Amtrak trak suffers financial loss as a result of host (c) USE OF CHAPTER 244 FUNDS.—Funds pro- trains operate, States, and Amtrak employ- rail carrier delays or failure to achieve min- vided to a State under chapter 244 of title 49, ees, as appropriate, develop new or improve imum standards; and United States Code, may be used, as provided existing metrics and minimum standards for ‘‘(B) will adequately deter future actions in that chapter, to pay capital costs deter- measring the performance and service qual- which may reasonably be expected to be mined in accordance with this section. ity of intercity train operations, including likely to result in delays to Amtrak. SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH cost recovery, on-time performance and min- ‘‘(B) ASSESSMENT.—The Board may assess METHODOLOGIES FOR AMTRAK utes of delay, ridership, on-board services, these penalties upon a host rail carrier. ROUTE AND SERVICE PLANNING DE- stations, facilities, equipment, and other ‘‘(C) USE.—The Board shall make any CISIONS. services. Such metrics, at a minimum, shall amounts received as penalties under this (a) METHODOLOGY DEVELOPMENT.—The Fed- include the percentage of avoidable and fully paragraph available to Amtrak or a State eral Railroad Administration shall obtain allocated operating costs covered by pas- contracting with Amtrak, as applicable, for the services of an independent auditor or senger revenues on each route, ridership per capital or operating expenditures on such consultant to develop and recommend objec- train mile operated, measures of on-time routes.’’. tive methodologies for determining intercity performance and delays incurred by intercity (b) CHANGE OF REFERENCE.—Section 24308 is passenger routes and services, including the trains on the rail lines of each rail carrier amended—

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23397 (1) by striking ‘‘Interstate Commerce Com- available for passenger safety or security routes for operations beginning in fiscal year mission’’ in subsection (a)(2)(A) and insert- measures.’’. 2010 and subsequent fiscal years. ing ‘‘Surface Transportation Board’’; (b) CONFORMING AMENDMENT.—The chapter ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO (2) by striking ‘‘Commission’’ each place it analysis for chapter 247 is amended by in- FACILITIES; EMPLOYEES.—If the Administra- appears and inserting ‘‘Board’’; serting after the item relating to section tion awards the right and obligation to pro- (3) by striking ‘‘Secretary’’ the last 3 24709 the following: vide passenger rail service over a route under places it appears in subsection (c) and each ‘‘24710. Long distance routes’’. the program to a rail carrier or rail car- place it appears in subsections (d) and (e) and riers—- SEC. 211. ALTERNATE PASSENGER RAIL SERVICE ‘‘(1) it shall execute a contract with the inserting ‘‘Board’’. PROGRAM. rail carrier or rail carriers for rail passenger SEC. 210. LONG DISTANCE ROUTES. (a) IN GENERAL.—Chapter 247, as amended operations on that route that conditions the (a) IN GENERAL.—Chapter 247 is amended by section 209, is amended by adding at the by adding at the end thereof the following: operating and subsidy rights upon— end thereof the following: ‘‘(A) the service provider continuing to § 24710. Long distance routes § 24711. Alternate passenger rail service pro- provide passenger rail service on the route ‘‘(a) ANNUAL EVALUATION.—Using the fi- gram that is no less frequent, nor over a shorter nancial and performance metrics developed ‘‘(a) IN GENERAL.—Within 1 year after the distance, than Amtrak provided on that under section 208 of the Passenger Rail In- date of enactment of the Passenger Rail In- route before the award; and vestment and Improvement Act of 2005, Am- vestment and Improvement Act of 2005, the ‘‘(B) the service provider’s compliance with trak shall— Federal Railroad Administration shall ini- the minimum standards established under ‘‘(1) evaluate annually the performance of tiate a rulemaking proceeding to develop a section 208 of the Passenger Rail Investment each long distance passenger rail route oper- program under which— and Improvement Act of 2005 and such addi- ated by Amtrak; and ‘‘(1) a rail carrier or rail carriers that own tional performance standards as the Admin- ‘‘(2) rank the overall performance of such infrastructure over which Amtrak operates a istration may establish; routes for 2006 and identify each long dis- passenger rail service route described in sub- ‘‘(2) it shall, if the award is made to a rail tance passenger rail route operated by Am- paragraph (B), (C), or (D) of section 24102(5) carrier other than Amtrak, require Amtrak trak in 2006 according to its overall perform- or in section 24702 of title 49, United States to provide access to its reservation system, ance as belonging to the best performing Code may petition the Federal Railroad Ad- stations, and facilities to any rail carrier or third of such routes, the second best per- ministration to be considered as a passenger rail carriers awarded a contract under this forming third of such routes, or the worst rail service provider over that route in lieu section, in accordance with section 218 of performing third of such routes. of Amtrak; that Act, necessary to carry out the purposes ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.— ‘‘(2) the Administration would notify Am- of this section; Amtrak shall develop a performance im- trak within 30 days after receiving a petition ‘‘(3) the employees of any person used by a provement plan for its long distance pas- under paragraph (1) and establish a deadline rail carrier or rail carriers (as defined in sec- senger rail routes based on the data collected by which both the petitioner and Amtrak tion 10102(5) of this title) in the operation of through the application of the financial and would be required to submit a bid to provide a route under this section shall be considered performance 29 metrics developed under sec- passenger rail service over the route to an employee of that carrier or carriers and tion 208 of that Act. The plan shall address— which the petition relates; subject to the applicable Federal laws and ‘‘(1) on-time performance; ‘‘( 3) each bid would describe how the bid- regulations governing similar crafts or class- ‘‘(2) scheduling, frequency, routes, and der would operate the route, what Amtrak es of employees of Amtrak, including provi- stops; passenger equipment would be needed, if any, sions under section 121 of the Amtrak Re- ‘‘(3) the feasibility of restructuring service what sources of non-Federal funding the bid- form and Accountability Act of 1997 relating into connected corridor service; der would use, including any State subsidy, to employees that provide food and beverage ‘‘(4) performance-related equipment among other things; service; and changes and capital improvements; ‘‘(4) the Administration would make a de- ‘‘( 4) the winning bidder shall provide pref- ‘‘(5) on-board amenities and service, in- cision and execute a contract within a speci- erence in hiring to qualified Amtrak employ- cluding food, first class, and sleeping car fied, limited time after that deadline award- ees displaced by the award of the bid, con- service; ing to the winning bidder— sistent with the staffing plan submitted by ‘‘(6) State or other non-Federal financial ‘‘(A) the right and obligation to provide the bidder. contributions; and passenger rail service over that route subject ‘‘(d) CESSATION OF SERVICE.—If a rail car- ‘‘(7) other aspects of Amtrak’s long dis- to such performance standards as the Admin- rIer or rail carriers awarded a route under tance passenger rail routes that affect the fi- istration may require, consistent with the this section’.cease to operate the service or nancial, competitive, and functional per- standards developed under section 208 of this fail to fulfill their obligations under the con- formance of service on Amtrak’s long dis- Act; and tract required under subsection (c), the Ad- tance passenger rail routes. ‘‘(B) an operating subsidy— ministrator, in collaboration with the Sur- ‘‘(c) IMPLEMENTATION.—Amtrak shall im- ‘‘(i) for the first year at a level not in ex- face Transportation Board shall take any plement the performance improvement plan cess of the level in effect during the fiscal necessary action consistent with this title to developed under subsection (b)— year preceding the fiscal year in which the enforce the contract and ensure the contin- ‘‘(1) beginning in fiscal year 2007 for those petition was received, adjusted for inflation; ued provision of service, including the in- routes identified as being in the worst per- ‘‘(ii) for any subsequent years at such stallment of an interim service provider and forming third under subsection (a)(3); level, adjusted for inflation; and re-bidding the contract to operate the serv- ‘‘(2) beginning in fiscal year 2008 for those ‘‘(5) each bid would contain a staffing plan ice. The entity providing service shall either routes identified as being in the second best describing the number of employees needed be Amtrak or a rail carrier defined in section performing third under subsection (a)(3); and to operate the service, the job assignments 24711(a)(1). ‘‘(3) beginning in fiscal year 2009 for those and requirements, and the terms of work for ‘‘(e) ADEQUATE RESOURCES.—Before taking routes identified as being in the best per- prospective and current employees of the any action allowed under this section, the forming third under subsection (a) (3). bidder for the service outlined in the bid, and Secretary shall certify that the Adminis- ‘‘(d) ENFORCEMENT.—The Federal Railroad such staffing plan would be made available trator has sufficient resources that are ade- Administration shall monitor the develop- by the winning bidder to the public after the quate to undertake the program established ment, implementation, and outcome of im- bid award. under this section.’’. provement plans under this section. If, for ‘‘(b) IMPLEMENTATION.— (b) CONFORMING AMENDMENT.—The chapter any year, it determines that Amtrak is not ‘‘(1) INITIAL PETITIONS.—Pursuant to any analysis for chapter 247, as amended by sec- making reasonable progress in implementing rules or regulations promulgated under sub- tion 209, is amended by inserting after the its performance improvement plan or in section (A), the Administration shall estab- item relating to section 24710 the following: achieving the expected outcome of the plan lish a deadline for the submission of a peti- ‘‘24711. Alternate passenger rail service pro- for any calendar year, the Federal Railroad tion under subsection (a)— gram’’. Administration— ‘‘(A) during fiscal year 2007 for operations SEC. 212. EMPLOYEE TRANSITION ASSISTANCE. ‘‘(1) shall notify Amtrak of its determina- commencing in fiscal year 2008; and (a) PROVISION OF FINANCIAL INCENTIVES.— tion under this subsection; ‘‘(B) during the immediately preceding fis- For Amtrak employees who are adversely af- ‘‘(2) shall provide an opportunity for a cal year for operations commencing in subse- fected by the cessation of the operation of a hearing with respect to that determination; quent fiscal years. long distance route or any other route under and ‘‘(2) ROUTE LIMITATIONS.—The Administra- section 24711 of title 49, United States Code, ‘‘(3) may withhold any appropriated funds tion may not make the program available previously operated by Amtrak, the Sec- otherwise available to Amtrak for the oper- with respect to more than 1 Amtrak pas- retary shall develop a program under which ation of a route or routes on which it is not senger rail route for operations beginning in the Secretary may, in the Secretary’s discre- making progress, other than funds made fiscal year 2008 nor to more than 2 such tion, provide grants for financial incentives

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23398 CONGRESSIONAL RECORD—SENATE October 20, 2005 to be provided to employees of the National 101(b) for Northeast Corridor capital invest- able basis, the administrative support serv- Railroad Passenger Corporation who volun- ments contained within the capital spending ices necessary for the Commission to carry tarily terminate their employment with the plan prepared by the Corporation and ap- out its responsibilities under this section. Corporation and relinquish any legal rights proved by the Secretary. ‘‘(10) The commission shall consult with to receive termination-related payments (4) Using the funds authorized by section other entities as appropriate. under any contractual agreement with the 101(d), the Secretary shall review Amtrak’s ‘‘(b) GENERAL RECOMMENDATIONS.—The Corporation. capital expenditures funded by this section Commission shall develop recommendations (b) CONDITIONS FOR FINANCIAL INCEN- to ensure that such expenditures are con- concerning northeast corridor rail infra- TIVES.—As a condition for receiving financial sistent with the capital spending plan and structure and operations including proposals assistance grants under this section, the Cor- that Amtrak is providing adequate project addressing, as appropriate— poration must certify that— management oversight and fiscal controls. ‘‘(1) short-term and long term capital in- (1) a reasonable attempt was made to reas- (c) ELIGIBILITY OF EXPENDITURES.—The vestment needs beyond the state-of-good-re- sign an employee adversely affected under Federal share of expenditures for capital im- pair under section 213; section 24711 of title 49, United States Code, provements under this section may not ex- ‘‘(2) future funding requirements for cap- or by the elimination of any route, to other ceed 100 percent. ital improvements and maintenance; positions within the Corporation in accord- SEC. 214. NORTHEAST CORRIDOR INFRASTRUC- ‘‘(3) operational improvements of intercity ance with any contractual agreements; TURE AND OPERATIONS IMPROVE- passenger rail, commuter rail, and freight (2) the financial assistance results in a net MENTS. rail services; reduction in the total number of employees (a) IN GENERAL.—Section 24905 is amended ‘‘(4) opportunities for additional non-rail equal to the number receiving financial in- to read as follows: uses of the Northeast Corridor; ‘‘(5) scheduling and dispatching; centives; ‘‘§ 24905. Northeast Corridor Infrastructure (3) the financial assistance results in a net ‘‘(6) safety and security enhancements; and Operations Advisory Commission; Safe- reduction in total employment expense ‘‘(7) equipment design; ty and Security Committee. equivalent to the total employment expenses ‘‘(8) marketing of rail services; and associated with the employees receiving fi- ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE ‘‘(9) future capacity requirements. nancial incentives; and AND OPERATIONS ADVISORY COMMISSION.— ‘‘(c) ACCESS COSTS.— (4) the total number of employees eligible ‘‘(1) Within 180 days after the date of en- ‘‘(1) DEVELOPMENT OF FORMULA.—Within 1 for termination-related payments will not be actment of the Passenger Rail Investment year after verification of Amtrak’s new fi- increased without the express written con- and Improvement Act of 2005, the Secretary nancial accounting system pursuant to sec- sent of the Secretary. of Transportation shall establish a Northeast tion 203(b) of the Passenger Rail Investment (c) AMOUNT OF FINANCIAL INCENTIVES.—The Corridor Infrastructure and Operations Advi- and Improvement Act of 2005, the Commis- financial incentives authorized under this sory Commission (hereinafter referred to in sion shall— section may be no greater than $50,000 per this section as the ‘Commission’) to promote ‘‘(A) develop a standardized formula for de- employee. mutual cooperation and planning pertaining termining and allocating costs, revenues, (d) AUTHORIZATION OF APPROPRIATIONS.— to the rail operations and related activities and compensation for northeast corridor There are hereby authorized to be appro- of the Northeast Corridor. The Commission commuter rail passenger transportation, as priated to the Secretary such sums as may shall be made up of— defined in section 24102 of this title, that use be necessary to make grants to the National ‘‘(A) members representing the National National Railroad Passenger Corporation fa- Railroad Passenger Corporation to provide Railroad Passenger Corporation; cilities or services or that provide such fa- financial incentives under subsection (a). ‘‘(B) members representing the Secretary cilities or services to the National Railroad (e) TERMINATION-RELATED PAYMENTS.—If of Transportation and the Federal Railroad Passenger Corporation that ensure that— Amtrak employees adversely affected by the Administration; ‘‘(i) there is no cross-subsidization of com- cessation of Amtrak service resulting from ‘‘(C) 1 member from each of the States (in- muter rail passenger, intercity rail pas- the awarding of a grant to an operator other cluding the District of Columbia) that con- senger, or freight rail transportation; and than Amtrak for the operation of a route stitute the Northeast Corridor as defined in ‘‘(ii) each service is assigned the costs in- under section 24711 of title 49, United States section 24102, designated by, and serving at curred only for the benefit of that service, Code, or any other route, previously oper- the pleasure of, the chief executive officer and a proportionate share, based upon fac- ated by Amtrak do not receive financial in- thereof; and tors that reasonably reflect relative use, of centives under subsection (a), then the Sec- ‘‘(D) non-voting representatives of freight costs incurred for the common benefit of retary shall make grants to the National railroad carriers using the Northeast Cor- more than 1 service; Railroad Passenger Corporation from funds ridor selected by the Secretary. ‘‘(B) develop a proposed timetable for im- authorized by section 102 of this Act for ter- ‘‘(2) The Secretary shall ensure that the plementing the formula before the end of the mination-related payments to employees membership belonging to any of the groups 6th year following the date of enactment of under existing contractual agreements. enumerated under subparagraph (1) shall not that Act; SEC. 213. NORTHEAST CORRIDOR STATE-OF- constitute a majority of the commission’s ‘‘(C) transmit the proposed timetable to GOOD-REPAIR PLAN. memberships. the Surface Transportation Board; and (a) IN GENERAL.—Within 6 months after the ‘‘(3) The commission shall establish a ‘‘(D) at the party’s request, petition the date of enactment of this Act, the National schedule and location for convening meet- Surface Transportation Board to appoint a Railroad Passenger Corporation, in consulta- ings, but shall meet no less than four times mediator to assist the parties through non- tion with the Secretary and the States (in- per fiscal year, and the commission shall de- binding mediation to reach an agreement cluding the District of Columbia) that make velop rules and procedures to govern the under this section. up the Northeast Corridor (as defined in sec- commission’s proceedings. ‘‘(2) IMPLEMENTATION.—The National Rail- tion 24102 of title 49, United States Code), ‘‘(4) A vacancy in the Commission shall be road Passenger Corporation and the com- shall prepare a capital spending plan for cap- filled in the manner in which the original ap- muter authorities providing commuter rail ital projects required to return the North- pointment was made. passenger transportation on the northeast east Corridor to a state of good repair by the ‘‘(5) Members shall serve without pay but corridor shall implement new agreements for end of fiscal year 2011, consistent with the shall receive travel expenses, including per usage of facilities or services based on the funding levels au- thorized in this division diem in lieu of subsistence, in accordance formula proposed in paragraph (1) in accord- and shall submit the plan to the Secretary. with sections 5702 and 5703 of title 5, United ance with the timetable established therein. (b) APPROVAL BY THE SECRETARY.— States Code. If the parties fail to implement such new (1) The Corporation shall submit the cap- ‘‘(6) The Chairman of the Commission shall agreements in accordance with the time- ital spending plan prepared under this sec- be elected by the members. table, the parties shall petition the Surface tion to the Secretary of Transportation for ‘‘(7) The Commission may appoint and fix Transportation Board to determine the ap- review and approval pursuant to the proce- the pay of such personnel as it considers ap- propriate compensation amounts for such dures developed under section 205 of this Act. propriate. services in accordance with section 24904(c) (2) The Secretary of Transportation shall ‘‘(8) Upon request of the Commission, the of this title. require that the plan be updated at least an- head of any department or agency of the ‘‘(d) TRANSMISSION OF RECOMMENDATIONS.— nually and shall review and approve such up- United States may detail, on a reimbursable The commission shall annually transmit the dates. During review, the Secretary shall basis, any of the personnel of that depart- recommendations developed under sub- seek comments and review from the commis- ment or agency to the Commission to assist section (b) and the formula and timetable de- sion established under section 24905 of title it in carrying out its duties under this sec- veloped under subsection (c)(1) to the Senate 49, United States Code, and other Northeast tion. Committee on Commerce, Science, and Corridor users regarding the plan. ‘‘(9) Upon the request of the Commission, Transportation and the House of Representa- (3) The Secretary shall make grants to the the Administrator of General Services shall tives Committee on Transportation and In- Corporation with funds authorized by section provide to the Commission, on a reimburs- frastructure.

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‘‘(e) NORTHEAST CORRIDOR SAFETY AND SE- Amtrak for retirement of principal on loans required for the operation of an intercity CURITY COMMITTEE.— for capital equipment, or capital leases. passenger train route described in section ‘‘(1) IN GENERAL.—The Secretary shall es- (2) INTEREST ON DEBT.—Unless the Sec- 24102(5)(D) or 24702 of title 49, United States tablish a Northeast Corridor Safety and Se- retary of Treasury makes sufficient pay- Code, the State may make an agreement curity Committee composed of members ap- ments to creditors under subsection (d) so with Amtrak to use facilities and equipment pointed by the Secretary. The members shall that Amtrak is required to make no pay- of, or have services provided by, Amtrak be representatives of— ments to creditors in a fiscal year, the Sec- under terms agreed to by the State and Am- ‘‘(A) the Secretary; retary of Transportation shall use funds au- trak to enable the State to utilize an entity ‘‘(B) Amtrak; thorized by section 103(a)(2) for the use of other than Amtrak to provide services re- ‘‘( C) freight carriers operating more than Amtrak for the payment of interest on loans quired for operation of the route. If the par- 150,000 train miles a year on the main line of for capital equipment, or capital leases. ties cannot agree upon terms, and the Sur- the Northeast Corridor; (3) REDUCTIONS IN AUTHORIZATION LEVELS.— face Transportation Board finds that access ‘‘(D) commuter agencies; Whenever action taken by the Secretary of to Amtrak’s facilities or equipment, or the ‘‘(E) rail passengers; the Treasury under subsection (a) results in provision of services by Amtrak, is necessary ‘‘(F) rail labor; reductions in amounts of principal or inter- to carry out this provision and that the oper- ‘‘(G) the Transportation Security Adminis- est that Amtrak must service on existing ation of Amtrak’s other services will not be tration; and debt, the corresponding amounts authorized impaired thereby, the Surface Transpor- ‘‘(H) other individuals and organizations by section 103(a)(1) or (2) shall be reduced ac- tation Board shall, within 120 days after sub- the Secretary decides have a significant in- cordingly. mission of the dispute, issue an order that terest in rail safety. (f) LEGAL EFFECT OF PAYMENTS UNDER THIS the facilities and equipment be made avail- ‘‘(2) FUNCTION; MEETINGS.—The Secretary SECTION.—The payment of principal and in- able, and that services be provided, by Am- shall consult with the Committee about safe- terest on secured debt, other than debt as- trak, and shall determine reasonable com- ty and security improvements on the North- sumed under subsection (d), with the pro- pensation, liability and other terms for use east Corridor main line. The Committee ceeds of grants under subsection (e) shall of the facilities and equipment and provision shall meet at least once every 2 years to con- not— of the services. Compensation shall be deter- sider safety matters on the main line. (1) modify the extent or nature of any in- mined in accord with the methodology estab- ‘‘(3) REPORT.—At the beginning of the first debtedness of the National Railroad Pas- lished pursuant to section 206 of this Act. session of each Congress, the Secretary shall senger Corporation to the United States in SEC. 219. GENERAL AMTRAK PROVISIONS. submit a report to the Commission and to existence of the date of enactment of this (a) REPEAL OF SELF-SUFFICIENCY REQUIRE- Congress on the status of efforts to improve Act; MENTS. safety and security on the Northeast Cor- (2) change the private nature of Amtrak’s (1) TITLE 49 AMENDMENTS.—Chapter 241 is ridor main line. The report shall include the or its successors’ liabilities; or amended— safety recommendations of the Committee (3) imply any Federal guarantee or com- (A) by striking the last sentence of section and the comments of the Secretary on those mitment to amortize Amtrak’s outstanding 24101(d); and recommendations.’’ indebtedness. (B) by striking the last sentence of section (g) SECRETARY APPROVAL.—Amtrak may 24104(a). (3) CONFORMING AMENDMENTS.—Section not incur more debt after the date of enact- (2) AMTRAK REFORM AND ACCOUNTABILITY 24904(c)(2) is amended by— ment of this Act without the express ad- ACT AMENDMENTS.—Title II of the Amtrak (A) inserting ‘‘commuter rail passenger’’ vance approval of the Secretary of Transpor- Reform and Accountability Act of 1997 (49 after ‘‘between’’; and tation. U.S.C. 24101 nt) is amended by striking sec- (B) striking ‘‘freight’’ in the second sen- (h) REPORT.—The Secretary of the Treas- tions 204 and 205. tence. ury shall transmit a report to the Senate (3) COMMON STOCK REDEMPTION DATE.—Sec- SEC. 215. RESTRUCTURING LONG-TERM DEBT Committee on Commerce, Science, and tion 415 of the Amtrak Reform and Account- AND CAPITAL LEASES. Transportation, the Senate Committee on ability Act of 1997 (49 U.S.C. 24304 nt) is (a) IN GENERAL.—The Secretary of the Appropriations, the House of Representa- amended by striking subsection (b). Treasury, in consultation with the Secretary tives Committee on Transportation and In- (b) LEASE ARRANGEMENTS.—Amtrak may of Transportation and Amtrak, may make frastructure, and the House of Representa- obtain services from the Administrator of agreements to restructure Amtrak’s indebt- tives Committee on Appropriations by June General Services, and the Administrator edness as of the date of enactment of this 1, 2007— may provide services to Amtrak, under sec- Act. This authorization expires on January (1) describing in detail any agreements to tion 201(b) and 211(b) of the Federal Property 1, 2007. restructure the Amtrak debt; and and Administrative Service Act of 1949 (40 (b) DEBT RESTRUCTURING.—The Secretary (2) providing an estimate of the savings to U.S.C. 481(b) and 491(b)) for each of fiscal of Treasury, in consultation with the Sec- Amtrak and the United States Government. years 2006 through 2011. retary of the Transportation and Amtrak, SEC. 216. STUDY OF COMPLIANCE REQUIRE- SEC. 220. PRIVATE SECTOR FUNDING OF PAS- shall enter into negotiations with the hold- MENTS AT EXISTING INTERCITY SENGER TRAINS. ers of Amtrak debt, including leases, out- RAIL STATIONS. Amtrak is encouraged to increase its oper- standing on the date of enactment of this Amtrak, in consultation with station own- ation of trains funded by the private sector Act for the purpose of restructuring (includ- ers, shall evaluate the improvements nec- in order to minimize its need for Federal ing repayment) and repaying that debt. The essary to make all existing stations it serves subsidies. Amtrak shall utilize the provi- Secretary of the Treasury may secure agree- readily accessible to and usable by individ- sions of section 24308 of title 49, United ments for restructuring or repayment on uals with disabilities, as required by section States Code, when necessary to obtain access such terms as the Secretary of the Treasury 242(e)(2) of the Americans with Disabilities to facilities, train and engine crews, or serv- deems favorable to the interests of the Gov- Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua- ices of a rail carrier or regional transpor- ernment. tion shall include the estimated cost of the tation authority that are required to operate (c) CRITERIA.—In restructuring Amtrak’s improvements necessary, the identification such trains. indebtedness, the Secretary and Amtrak— of the responsible person (as defined in sec- SEC. 221. ON-BOARD SERVICE IMPROVEMENTS. (1) shall take into consideration repayment tion 241(5) of that Act (42 U.S.C. 12161(5))), (a) IN GENERAL.—Within 1 year after costs, the term of any loan or loans, and and the earliest practicable date when such metrics and standards are established under market conditions; and improvements can be made. Amtrak shall section 208 of this Act, Amtrak shall develop (2) shall ensure that the restructuring re- submit the evaluation to the Senate Com- and implement a plan to improve on-board sults in significant savings to Amtrak and mittee on Commerce, Science, and Transpor- service pursuant to the metrics and stand- the United States Government. tation, the House of Representatives Com- ards for such service developed under that (d) PAYMENT OF RENEGOTIATED DEBT.—If mittee on Transportation and Infrastruc- section. the criteria under subsection (c) are met, the ture, and the National Council on Disability (b) REPORT.—Amtrak shall provide a report Secretary of Treasury shall assume or repay by September 30, 2007, along with rec- to the Senate Committee on Commerce, the restructured debt, as appropriate. ommendations for funding the necessary im- Science, and Transportation and the House (e) AMTRAK PRINCIPAL AND INTEREST PAY- provements. of Representatives Committee on Transpor- MENTS.— SEC. 217. INCENTIVE PAY. tation and Infrastructure on the on-board (1) PRINCIPAL ON DEBT SERVICE.—Unless the The Amtrak Board of Directors is encour- service improvements proscribed in the plan Secretary of Treasury makes sufficient pay- aged to develop an incentive pay program for and the timeline for implementing such im- ments to creditors under subsection (d) so Amtrak management employees. provements. that Amtrak is required to make no pay- SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND SEC. 222. AMTRAK MANAGEMENT ACCOUNT- ments to creditors in a fiscal year, the Sec- SERVICES. ABILITY. retary of Transportation shall use funds au- If a State desires to select or selects an en- (a) IN GENERAL.—Chapter 243 is amended thorized by section 103(a)(1) for the use of tity other than Amtrak to provide services by inserting after section 24309 the following:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23400 CONGRESSIONAL RECORD—SENATE October 20, 2005 § ‘‘24310. Management accountability ‘‘(C) costs associated with developing State terminals, subway stations, ferry ports, and ‘‘(a) IN GENERAL.—Three years after the rail plans; and other modes of transportation; date of enactment of the Passenger Rail In- ‘‘(D) the first-dollar liability costs for in- ‘‘(4) ensure that each project is compatible vestment and Improvement Act of 2005, and surance related to the provision of intercity with, and is operated in conformance with— two years thereafter, the Inspector General passenger rail service under section 24404. ‘‘(A) plans developed pursuant to the re- of the Department of Transportation shall ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.— quirements of section 135 of title 23, United complete an overall assessment of the The term ‘intercity passenger rail service’ States Code; and progress made by Amtrak management and means transportation services with the pri- ‘‘(B) the national rail plan (if it is avail- the Department of Transportation in imple- mary purpose of passenger transportation able); and menting the provisions of that Act. between towns, cities and metropolitan areas ‘‘(5) favor the following kinds of projects: ‘‘(b) ASSESSMENT.—The management as- by rail, including high-speed rail, as defined ‘‘(A) Projects that are expected to have a sessment undertaken by the Inspector Gen- in section 24102 of title 49, United States significant favorable impact on air or high- eral may include a review of— Code. way traffic congestion, capacity, or safety. ‘‘(1) effectiveness improving annual finan- ‘‘§ 24402. Capital investment grants to sup- ‘‘(B) Projects that also improve freight or cial planning; port intercity passenger rail service. commuter rail operations. ‘‘(2) effectiveness in implementing im- ‘‘(a) GENERAL AUTHORITY.— ‘‘(C) Projects that have significant envi- proved financial accounting; ’’(1) The Secretary of Transportation may ronmental benefits. ‘‘(3) efforts to implement minimum train make grants under this section to an appli- ‘‘(D) Projects that are— performance standards; cant to assist in financing the capital costs ‘‘(i) at a stage of preparation that all pre- ‘‘( 4) progress maximizing revenues and of facilities and equipment necessary to pro- commencement compliance with environ- minimizing Federal subsidies; and vide or improve intercity passenger rail mental protection requirements has already ‘‘( 5) any other aspect of Amtrak oper- been completed; and ations the Inspector General finds appro- transportation. ‘‘(2) The Secretary shall require that a ‘‘(ii) ready to be commenced. priate to review.’’. grant under this section be subject to the ‘‘(E) Projects with positive economic and (b) CONFORMING AMENDMENT.—The chapter employment impacts. analysis for chapter 243 is amended by in- terms, conditions, requirements, and provi- sions the Secretary decides are necessary or ‘‘(F) Projects that encourage the use of serting after the item relating to section positive train control technologies. 24309 the following: appropriate for the purposes of this section, including requirements for the disposition of ‘‘(G) Projects that have commitments of ‘‘24310. Management accountability’’. net increases in value of real property result- funding from non-Federal Government TITLE III—INTERCITY PASSENGER RAIL ing from the project assisted under this sec- sources in a total amount that exceeds the POLICY tion and shall prescribe procedures and minimum amount of the non-Federal con- SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY schedules for the awarding of grants under tribution required for the project. PASSENGER RAIL SERVICE; STATE this title, including application and quali- ‘‘(H) Projects that involve donated prop- RAIL PLANS. fication procedures and a record of decision erty interests or services. (a) IN GENERAL.—Part C of subtitle V is on applicant eligibility. The Secretary shall ‘‘(I) Projects that are identified by the Sur- amended by inserting the following after issue a final rule establishing such proce- face Transportation Board as necessary to chapter 243: dures not later than 90 days after the date of improve the on time performance and reli- ‘‘CHAPTER 244. INTERCITY PASSENGER RAIL enactment of the Passenger Rail Investment ability of intercity passenger rail under sec- SERVICE CORRIDOR CAPITAL ASSISTANCE and Improvement Act of 2005. tion 24308(f). ‘‘Sec. ‘‘(b) PROJECT AS PART OF STATE RAIL ‘‘(d) AMTRAK ELIGIBILITY.—To receive a ‘‘24401. Definitions. PLAN.— grant under this section, the National Rail- ‘‘24402. Capital investment grants to sup- ‘‘(1) The Secretary may not approve a road Passenger Corporation may enter into a port intercity passenger rail grant for a project under this section unless cooperative agreement with 1 or more States service. the Secretary finds that the project is part to carry out 1 or more projects on a State ‘‘24403. Project management oversight. of a State rail plan developed under chapter rail plan’s ranked list of rail capital projects ‘‘24404. Use of capital grants to finance 225 of this title and that the applicant or re- developed under section 22504(a)(5) of this first-dollar liability of grant cipient has or will have the legal, financial, title. project. and technical capacity to carry out the ‘‘(e) LETTERS OF INTENT, FULL FUNDING ‘‘24405. Grant conditions. project, satisfactory continuing control over GRANT AGREEMENTS, AND EARLY SYSTEMS § ‘‘24401. Definitions the use of the equipment or facilities, and WORK AGREEMENTS.— ‘‘In this subchapter: the capability and willingness to maintain ‘‘(1)(A) The Secretary may issue a letter of ‘‘(1) APPLICANT.—The term ‘applicant’ the equipment or facilities. intent to an applicant announcing an inten- means a State (including the District of Co- ‘‘(2) An applicant shall provide sufficient tion to obligate, for a major capital project lumbia), a group of States, an Interstate information upon which the Secretary can under this section, an amount from future Compact, or a public agency established by make the findings required by this sub- available budget authority specified in law one or more States and having responsibility section. that is not more than the amount stipulated for providing intercity passenger rail serv- ‘‘(3) If an applicant has not selected the as the financial participation of the Sec- ice. pro- posed operator of its service competi- retary in the project. ‘‘(2) CAPITAL PROJECT.—The term ‘capital tively, the applicant shall provide written ‘‘(B) At least 30 days before issuing a letter project’ means a project or program in a justification to the Secretary showing why under subparagraph (A) of this paragraph or State rail plan developed under chapter 225 the proposed operator is the best, taking entering into a full funding grant agreement, of this title for— into account price and other factors, and the Secretary shall notify in writing the ‘‘(A) acquiring, constructing, improving, or that use of the proposed operator will not Committee on Transportation and Infra- inspecting equipment, track and track struc- unnecessarily increase the cost of the structure of the House of Representatives tures, or a facility for use in or for the pri- project. and the Committee on Commerce, Science, mary benefit of intercity passenger rail serv- ‘‘(c) PROJECT SELECTION CRITERIA.—The and Transportation of the Senate and the ice, expenses incidental to the acquisition or Secretary, in selecting the recipients of fi- House and Senate Committees on Appropria- construction (including designing, engineer- nancial assistance to be provided under sub- tions of the proposed letter or agreement. ing, location surveying, mapping, environ- section (a), shall— The Secretary shall include with the notifi- mental studies, and acquiring rights-of-way), ‘‘(1) require that each proposed project cation a copy of the proposed letter or agree- payments for the capital portions of rail meet all safety and security requirements ment as well as the evaluations and ratings trackage rights agreements, highway-rail that are applicable to the project under law; for the project. grade crossing improvements related to ‘‘(2) give preference to projects with high ‘‘(C) An obligation or administrative com- intercity passenger rail service, security, levels of estimated ridership, increased on- mitment may be made only when amounts mitigating environmental impacts, commu- time performance, reduced trip time, addi- are appropriated. nication and signalization improvements, re- tional service frequency to meet anticipated ‘‘(2)(A) The Secretary may make a full location assistance, acquiring replacement or existing demand, or other significant serv- funding grant agreement with an applicant. housing sites, and acquiring, constructing, ice enhancements as measured against min- The agreement shall— relocating, and rehabilitating replacement imum standards developed under section 208 ‘‘(i) establish the terms of participation by housing; of the Passenger Rail Investment and Im- the United States Government in a project ‘‘(B) rehabilitating, remanufacturing or provement Act of 2005; under this section; overhauling rail rolling stock and facilities ‘‘(3) encourage intermodal connectivity ‘‘(ii) establish the maximum amount of used primarily in intercity passenger rail through projects that provide direct connec- Government financial assistance for the service; tions between train stations, airports, bus project;

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23401 ‘‘(iii) cover the period of time for com- Act of 2005, less an amount the Secretary ligated or expended for the purposes de- pleting the project, including a period ex- reasonably estimates is necessary for grants scribed in subsection (a) within 2 years after tending beyond the period of an authoriza- under this section not covered by a letter. the date on which the State received the tion; and The total amount covered by new letters and grant, such sums shall be returned to the ‘‘(iv) make timely and efficient manage- contingent commitments included in full Secretary for other intercity passenger rail ment of the project easier according to the funding grant agreements and early systems development projects under this section at law of the United States. work agreements may be not more than a the discretion of the Secretary. ‘‘(B) An agreement under this paragraph limitation specified in law. ‘‘(i) PUBLIC-PRIVATE PARTNERSHIPS.’’— obligates an amount of available budget au- ‘‘(f) FEDERAL SHARE OF NET PROJECT ‘‘(1) IN GENERAL.—A metropolitan planning thority specified in law and may include a COST.— organization, State transportation depart- commitment, contingent on amounts to be ‘‘(1)(A) Based on engineering studies, stud- ment, or other project sponsor may enter specified in law in advance for commitments ies of economic feasibility, and information into an agreement with any public, private, under this paragraph, to obligate an addi- on the expected use of equipment or facili- or nonprofit entity to cooperatively imple- tional amount from future available budget ties, the Secretary shall estimate the net ment any project funded with a grant under authority specified in law. The agreement project cost. this title. shall state that the contingent commitment ‘‘(B) A grant for the project shall not ex- ‘‘(2) FORMS OF PARTICIPATION.—Participa- is not an obligation of the Government and ceed 80 percent of the project net capital tion by an entity under paragraph (1) may is subject to the availability of appropria- cost. consist of— tions made by Federal law and to Federal ‘‘(C) The Secretary shall give priority in ‘‘(A) ownership or operation of any land, laws in force on or enacted after the date of allocating future obligations and contingent facility, locomotive, rail car, vehicle, or the contingent commitment. Interest and commitments to incur obligations to grant other physical asset associated with the other financing costs of efficiently carrying requests seeking a lower Federal share of the project; ‘‘(B) cost-sharing of any project expense; out a part of the project within a reasonable project net capital cost. ‘‘(C) carrying out administration, con- time are a cost of carrying out the project ‘‘(2) Up to an additional 20 percent of the struction management, project management, under a full funding grant agreement, except required non-Federal funds may be funded project operation, or any other management that eligible costs may not be more than the from amounts appropriated to or made avail- or operational duty associated with the cost of the most favorable financing terms able to a department or agency of the Fed- project; and reasonably available for the project at the eral Government that are eligible to be ex- ‘‘(D) any other form of participation ap- time of borrowing. The applicant shall cer- pended for transportation. proved by the Secretary. tify, in a way satisfactory to the Secretary, ‘‘(3) 50 percent of the average amounts ex- ‘‘(3) SUB-ALLOCATION.—A State may allo- that the applicant has shown reasonable dili- pended by a State or group of States (includ- cate funds under this section to any entity gence in seeking the most favorable financ- ing the District of Columbia) for capital described in paragraph (1). ing terms. projects to benefit intercity passenger rail ‘‘(j) SPECIAL TRANSPORTATION CIR- ‘‘(3)(A) The Secretary may make an early service in fiscal years 2004 and 2005 shall be CUMSTANCES.—In carrying out this section, systems work agreement with an applicant if credited towards the matching requirements the Secretary shall allocate an appropriate a record of decision under the National Envi- for grants awarded under this section. The portion of the amounts available under this ronmental Policy Act of 1969 (42 U.S.C. 4321 Secretary may require such information as section to provide grants to States— et seq.) has been issued on the project and necessary to verify such expenditures. ‘‘(1) in which there is no intercity pas- the Secretary finds there is reason to be- ‘‘(4) 50 percent of the average amounts ex- senger rail service for the purpose of funding lieve— pended by a State or group of States (includ- freight rail capital projects that are on a ‘‘(i) a full funding grant agreement for the ing the District of Columbia) in a fiscal year State rail plan developed under chapter 225 project will be made; and beginning in 2006 for capital projects to ben- of this title that provide public benefits (as ‘‘(ii) the terms of the work agreement will efit intercity passenger rail service or for the defined in chapter 225) as determined by the promote ultimate completion of the project operating costs of such service above the av- Secretary; or more rapidly and at less cost. erage of expenditures made for such service ‘‘(2) in which the rail transportation sys- ‘‘(B) A work agreement under this para- in fiscal years 2004 and 2005 shall be credited tem is not physically connected to rail sys- graph obligates an amount of available budg- towards the matching requirements for tems in the continental United States or et authority specified in law and shall pro- grants awarded under this section. The Sec- may not otherwise qualify for a grant under vide for reimbursement of preliminary costs retary may require such information as nec- this section due to the unique characteris- of carrying out the project, including land essary to verify such expenditures. tics of the geography of that State or other acquisition, timely procurement of system ‘‘(g) UNDERTAKING PROJECTS IN ADVANCE.— relevant considerations, for the purpose of elements for which specifications are de- ‘‘(1) The Secretary may pay the Federal funding transportation-related capital cided, and other activities the Secretary de- share of the net capital project cost to an ap- projects. cides are appropriate to make efficient, long- plicant that carries out any part of a project ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- term project management easier. A work described in this section according to all ap- retary shall make available $10,000,000 annu- agreement shall cover the period of time the plicable procedures and requirements if— ally from the amounts authorized under sec- Secretary considers appropriate. The period ‘‘(A) the applicant applies for the payment; tion 101(c) of the Passenger Rail Investment may extend beyond the period of current au- ‘‘(B) the Secretary approves the payment; and Improvement Act of 2005 beginning in thorization. Interest and other financing and fiscal year 2007 for grants for capital projects costs of efficiently carrying out the work ‘‘(C) before carrying out the part of the eligible under this section not exceeding agreement within a reasonable time are a project, the Secretary approves the plans $2,000,000, including costs eligible under sec- cost of carrying out the agreement, except and specifications for the part in the same tion 206(c) of that Act. The Secretary may that eligible costs may not be more than the way as other projects under this section. wave requirements of this section, including cost of the most favorable financing terms ‘‘(2) The cost of carrying out part of a state rail plan requirements, as appropriate. reasonably available for the project at the project includes the amount of interest ‘‘§ 24403. Project management oversight time of borrowing. The applicant shall cer- earned and payable on bonds issued by the ‘‘(a) PROJECT MANAGEMENT PLAN REQUIRE- tify, in a way satisfactory to the Secretary, applicant to the extent proceeds of the bonds MENTS.—To receive Federal financial assist- that the applicant has shown reasonable dili- are expended in carrying out the part. How- ance for a major capital project under this gence in seeking the most favorable financ- ever, the amount of interest under this para- subchapter, an applicant must prepare and ing terms. If an applicant does not carry out graph may not be more than the most favor- carry out a project management plan ap- the project for reasons within the control of able interest terms reasonably available for proved by the Secretary of Transportation. the applicant, the applicant shall repay all the project at the time of borrowing. The ap- The plan shall provide for— Government payments made under the work plicant shall certify, in a manner satisfac- ‘‘(1) adequate recipient staff organization agreement plus reasonable interest and pen- tory to the Secretary, that the applicant has with well-defined reporting relationships, alty charges the Secretary establishes in the shown reasonable diligence in seeking the statements of functional responsibilities, job agreement. most favorable financial terms. descriptions, and job qualifications; ‘‘(4) The total estimated amount of future ‘‘(3) The Secretary shall consider changes ‘‘(2) a budget covering the project manage- obligations of the Government and contin- in capital project cost indices when deter- ment organization, appropriate consultants, gent commitments to incur obligations cov- mining the estimated cost under paragraph property acquisition, utility relocation, sys- ered by all outstanding letters of intent, full (2) of this subsection. tems demonstration staff, audits, and mis- funding grant agreements, and early systems ‘‘(h) 2-YEAR AVAILABILITY.—Funds appro- cellaneous payments the recipient may be work agreements may be not more than the priated under this section shall remain prepared to justify; amount authorized under section 101(c) of available until expended. If any amount pro- ‘‘(3) a construction schedule for the Passenger Rail Investment and Improvement vided as a grant under this section is not ob- project;

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23402 CONGRESSIONAL RECORD—SENATE October 20, 2005 ‘‘(4) a document control procedure and rec- ‘‘(A) such requirements are inconsistent ‘‘(A) gives each such qualified employee of ordkeeping system; with the public interest; the predecessor provider priority in hiring ‘‘(5) a change order procedure that includes ‘‘(B) the cost of imposing the requirements according to the employee’s seniority on the a documented, systematic approach to han- is unreasonable; or predecessor provider for each position with dling the construction change orders; ‘‘(C) the articles, material, or supplies, or the replacing entity that is in the employ- ‘‘(6) organizational structures, manage- the articles, material, or supplies from ee’s craft or class and is available within 3 ment skills, and staffing levels required which they are manufactured, are not mined, years after the termination of the service throughout the construction phase; produced, or manufactured in the United being replaced; ‘‘(7) quality control and quality assurance States in sufficient and reasonably available ‘‘(B) establishes a procedure for notifying functions, procedures, and responsibilities commercial quantities and are not of a satis- such an employee of such positions; for construction, system installation, and in- factory quality. ‘‘(C) establishes a procedure for such an tegration of system components; ‘‘(3) UNITED STATES DEFINED.—In this sub- employee to apply for such positions; and ‘‘(8) material testing policies and proce- section, the term ‘the United States’ means ‘‘(D) establishes rates of pay, rules, and dures; the States, territories, and possessions of the working conditions. ‘‘(9) internal plan implementation and re- United States and the District of Columbia. ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— porting requirements; ‘‘(b) OPERATORS DEEMED RAIL CARRIERS ‘‘(A) NEGOTIATIONS.—If the replacement of ‘‘(10) criteria and procedures to be used for AND EMPLOYERS FOR CERTAIN PURPOSES.—A preexisting intercity rail passenger service testing the operational system or its major person that conducts rail operations over occurs concurrent with or within a reason- components; rail infrastructure constructed or improved able time before the commencement of the ‘‘(11) periodic updates of the plan, espe- with funding provided in whole or in part in replacing entity’s rail passenger service, the cially related to project budget and project a grant made under this title shall be consid- replacing entity shall give written notice of schedule, financing, and ridership estimates; ered a rail carrier as defined in section its plan to replace existing rail passenger and 10102(5) of this title for purposes of this title service to the authorized collective bar- ‘‘(12) the recipient’s commitment to sub- and any other statute that adopts that defi- gaining agent or agents for the potentially mit a project budget and project schedule to nition or in which that definition applies, in- adversely affected employees of the prede- the Secretary each month. cluding— cessor provider at least 90 days before the ‘‘(b) SECRETARIAL OVERSIGHT.— ‘‘(1) the Railroad Retirement Act of 1974 (45 date on which it plans to commence service. ‘‘(1) The Secretary may use no more than U.S.C. 231 et seq.); and Within 5 days after the date of receipt of 0.5 percent of amounts made available in a ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et such written notice, negotiations between fiscal year for capital projects under this seq.). the replacing entity and the collective bar- subchapter to enter into contracts to oversee ‘‘(c) GRANT CONDITIONS.—The Secretary gaining agent or agents for the employees of the construction of such projects. shall require as a condition of making any the predecessor provider shall commence for ‘‘(2) The Secretary may use amounts avail- grant under this title for a project that uses the purpose of reaching agreement with re- able under paragraph (1) of this subsection to rights-of-way owned by a railroad that— spect to all matters set forth in subpara- make contracts for safety, procurement, ‘‘(1) a written agreement exist between the graphs (A) through (D) of paragraph (1). The management, and financial compliance re- applicant and the railroad regarding such negotiations shall continue for 30 days or views and audits of a recipient of amounts use and ownership, including— until an agreement is reached, whichever is under paragraph (1). ‘‘(A) any compensation for such use; sooner. If at the end of 30 days the parties ‘‘(3) The Federal Government shall pay the ‘‘(B) assurances regarding the adequacy of have not entered into an agreement with re- entire cost of carrying out a contract under infrastructure capacity to accommodate spect to all such matters, the unresolved this subsection. both existing and future freight and pas- issues shall be submitted for arbitration in ‘‘(c) ACCESS TO SITES AND RECORDS.—Each senger operations; and accordance with the procedure set forth in recipient of assistance under this subchapter ‘‘(C) an assurance by the railroad that col- subparagraph (B). shall provide the Secretary and a contractor lective bargaining agreements with the rail- ‘‘(B) ARBITRATION.—If an agreement has the Secretary chooses under subsection (c) of road’s employees (including terms regulating not been entered into with respect to all this section with access to the construction the contracting of work) will remain in full matters set forth in subparagraphs (A) sites and records of the recipient when rea- force and effect according to their terms for through (D) of paragraph (1) as described in sonably necessary. work performed by the railroad on the rail- subparagraph (A) of this paragraph, the par- ‘‘§ 24404. Use of capital grants to finance first- road transportation corridor; ties shall select an arbitrator. If the parties dollar liability of grant project ‘‘(D) an assurance that an applicant com- are unable to agree upon the selection of plies with liability requirements consistent such arbitrator within 5 days, either or both ‘‘Notwithstanding the requirements of sec- with section 28103 of this title; and parties shall notify the National Mediation tion 24402 of this subchapter, the Secretary ‘‘(2) the applicant agrees to comply with— Board, which shall provide a list of seven ar- of Transportation may approve the use of ‘‘(A) the standards of section 24312 of this bitrators with experience in arbitrating rail capital assistance under this subchapter to title, as such section was in effect on Sep- labor protection disputes. Within 5 days fund self-insured retention of risk for the tember 1, 2003, with respect to the project in after such notification, the parties shall al- first tier of liability insurance coverage for the same manner that the National Railroad ternately strike names from the list until rail passenger service associated with the Passenger Corporation is required to comply only 1 name remains, and that person shall capital assistance grant, but the coverage with those standards for construction work serve as the neutral arbitrator. Within 45 may not exceed $20,000,000 per occurrence or financed under an agreement made under days after selection of the arbitrator, the ar- $20,000,000 in aggregate per year. section 24308(a) of this title; and bitrator shall conduct a hearing on the dis- ‘‘§ 24405. Grant conditions ‘‘(B) the protective arrangements estab- pute and shall render a decision with respect ‘‘(a) DOMESTIC BUYING PREFERENCE.— lished under section 504 of the Railroad Revi- to the unresolved issues among the matters ‘‘(1) REQUIREMENT.— talization and Regulatory Reform Act of 1976 set forth in subparagraphs (A) through (D) of ‘‘(A) IN GENERAL.—In carrying out a (45 U.S.C. 836) with respect to employees af- paragraph (1). This decision shall be final, project funded in whole or in part with a fected by actions taken in connection with binding, and conclusive upon the parties. grant under this title, the grant recipient the project to be financed in whole or in part The salary and expenses of the arbitrator shall purchase only— by grants under this subchapter. shall be borne equally by the parties; all ‘‘(i) unmanufactured articles, material, ‘‘(d) REPLACEMENT OF EXISTING INTERCITY other expenses shall be paid by the party in- and supplies mined or produced in the United PASSENGER RAIL SERVICE.— curring them. States; or ‘‘(1) COLLECTIVE BARGAINING AGREEMENT ‘‘(3) SERVICE COMMENCEMENT.—A replacing ‘‘(ii) manufactured articles, material, and FOR INTERCITY PASSENGER RAIL PROJECTS.— entity under this subsection shall commence supplies manufactured in the United States Any entity providing intercity passenger service only after an agreement is entered substantially from articles, material, and railroad transportation that begins oper- into with respect to the matters set forth in supplies mined, produced, or manufactured ations after the date of enactment of this subparagraphs (A) through (D) of paragraph in the United States. Act on a project funded in whole or in part (1) or the decision of the arbitrator has been ‘‘(B) DE MINIMIS AMOUNT.—Subparagraph (1) by grants made under this title and replaces rendered. applies only to a purchase in an total intercity rail passenger service that was pro- ‘‘(4) SUBSEQUENT REPLACEMENT OF SERV- amount that is not less than $1,000,000. vided by Amtrak, unless such service was ICE.—If the replacement of existing rail pas- ‘‘(2) EXEMPTIONS.—On application of a re- provided solely by Amtrak to another entity, senger service takes place within 3 years cipient, the Secretary may exempt a recipi- as of such date shall enter into an agreement after the replacing entity commences inter- ent from the requirements of this subsection with the authorized bargaining agent or city passenger rail service, the replacing en- if the Secretary decides that, for particular agents for adversely affected employees of tity and the collective bargaining agent or articles, material, or supplies— the predecessor provider that— agents for the adversely affected employees

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23403 of the predecessor provider shall enter into quality or land use, more efficient energy ‘‘(1) An inventory of the existing overall an agreement with respect to the matters set use, enhanced public safety or security, re- rail transportation system and rail services forth in subparagraphs (A) through (D) of duction of public expenditures due to im- and facilities within the State and an anal- paragraph (1). If the parties have not entered proved transportation efficiency or infra- ysis of the role of rail transportation within into an agreement with respect to all such structure preservation, and any other posi- the State’s surface transportation system. matters within 60 days after the date on tive community effects as defined by the ‘‘(2) A review of all rail lines within the which the replacing entity replaces the pred- Secretary; and State, including proposed high speed rail ecessor provider, the parties shall select an ‘‘(ii) shall be determined on a project-by- corridors and significant rail line segments arbitrator using the procedures set forth in project basis, based upon an agreement be- not currently in service. paragraph (2)(B), who shall, within 20 days tween the parties. ‘‘(3) A statement of the State’s passenger after the commencement of the arbitration, ‘‘(B) CONSULTATION.—The Secretary may rail service objectives, including minimum conduct a hearing and decide all unresolved seek the advice of the States and rail car- service levels, for rail transportation routes issues. This decision shall be final, binding, riers in further defining this term. in the State. and conclusive upon the parties. ‘‘(3) STATE.—The term ‘State’ means any of ‘‘(4) A general analysis of rail’s transpor- ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OP- the 50 States and the District of Columbia. tation, economic, and environmental im- ERATIONS.—Nothing in this section applies ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- pacts in the State, including congestion to— ITY.—The term ‘State rail transportation au- mitigation, trade and economic develop- ‘‘(1) commuter rail passenger transpor- thority’ means the State agency or official ment, air quality, land use, energy use, and tation (as defined in section 24102(4) of this responsible under the direction of the Gov- community impacts. title) operations of a State or local govern- ernor of the State or a State law for prepara- ‘‘(5) A long-range rail investment program ment authority (as those terms are defined tion, maintenance, coordination, and admin- for current and future freight and passenger in section 5302(11) and (6), respectively, of istration of the State rail plan.’’. infrastructure in the State that meets the this title) eligible to receive financial assist- ‘‘§ 22502. Authority requirements of subsection (b). ance under section 5307 of this title, or to its ‘‘(a) IN GENERAL.—Each State may prepare ‘‘(6) A statement of public financing issues contractor performing services in connection and maintain a State rail plan in accordance for rail projects and service in the State, in- with commuter rail passenger operations (as with the provisions of this subchapter. cluding a list of current and prospective pub- so defined); ‘‘(b) REQUIREMENTS.—For the preparation lic capital and operating funding resources, ‘‘(2) the Alaska Railroad or its contractors; and periodic revision of a State rail plan, a public subsidies, State taxation, and other fi- or State shall— nancial policies relating to rail infrastruc- ‘‘(3) the National Railroad Passenger Cor- ‘‘(1) establish or designate a State rail ture development. poration’s access rights to railroad rights of transportation authority to prepare, main- ‘‘(7) An identification of rail infrastructure way and facilities under current law.’’. tain, coordinate, and administer the plan; issues within the State that reflects con- (b) CONFORMING AMENDMENTS.— ‘‘(2) establish or designate a State rail plan sultation with all relevant stake holders. (1) The table of chapters for the title is approval authority to approve the plan; ‘‘(8) A review of major passenger and amended by inserting the following after the ‘‘(3) submit the State’s approved plan to freight intermodal rail connections and fa- item relating to chapter 243: the Secretary of Transportation for review; cilities within the State, including seaports, ‘‘244. Intercity passenger rail and and prioritized options to maximize service service capital assistance ...... 24401’’. ‘‘(4) revise and resubmit a State-approved integration and efficiency between rail and plan no less frequently than once every 5 other modes of transportation within the ‘‘(2) The chapter analysis for subtitle V is years for reapproval by the Secretary. State. amended by inserting the following after the ‘‘(9) A review of publicly funded projects item relating to chapter 243: ‘‘§ 22503. Purposes within the State to improve rail transpor- ‘‘(a) PURPOSES.—The purposes of a State ‘‘244. Intercity passenger rail tation safety and security, including all service capital assistance ...... 24401’’. rail plan are as follows: ‘‘(1) To set forth State policy involving major projects funded under section 130 of SEC. 302. STATE RAIL PLANS. freight and passenger rail transportation, in- title 23. (a) IN GENERAL.—Part B of subtitle V is cluding commuter rail operations, in the ‘‘(10) A performance evaluation of pas- amended by adding at the end the following: State. senger rail services operating in the State, ‘‘CHAPTER 225. STATE RAIL PLANS AND ‘‘(2) To establish the period covered by the including possible improvements in those HIGH PRIORITY PROJECTS State rail plan. services, and a description of strategies to achieve those improvements. ‘‘Sec. ‘‘(3) To present priorities and strategies to ‘‘(11) A compilation of studies and reports ‘‘22501. Definitions enhance rail service in the State that bene- on high-speed rail corridor development ‘‘22502. Authority fits the public. within the State not included in a previous ‘‘22503. Purposes ‘‘(4) To serve as the basis for Federal and plan under this subchapter, and a plan for ‘‘22504. Transparency; coordination; review State rail investments within the State. funding any recommended development of ‘‘22505. Content ‘‘(b) COORDINATION.—A State rail plan shall such corridors in the State. ‘‘22506. Review be coordinated with other State transpor- tation planning goals and programs and set ‘‘(12) A statement that the State is in com- ‘‘§ 22501. Definitions forth rail transportation’s role within the pliance with the requirements of section ‘‘In this subchapter: State transportation system. 22102. ‘‘(1) PRIVATE BENEFIT.— ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT ‘‘§ 22504. Transparency; coordination; review ‘‘ (A) IN GENERAL.—The term ‘private ben- PROGRAM.— ‘‘(a) PREPARATION.—A State shall provide efit’— ‘‘(1) PROGRAM CONTENT.—A long-range rail ‘‘(i) means a benefit accrued to a person or adequate and reasonable notice and oppor- investment program included in a State rail private entity, other than the National Rail- tunity for comment and other input to the plan under subsection (a)(5) shall include the road Passenger Corporation, that directly public, rail carriers, commuter and transit following matters: improves the economic and competitive con- authorities operating in, or affected by rail ‘‘(A) A list of any rail capital projects ex- dition of that person or entity through im- operations within the State, units of local pected to be undertaken or supported in proved assets, cost reductions, service im- government, and other interested parties in whole or in part by the State. provements, or any other means as defined the preparation and review of its State rail ‘‘(B) A detailed funding plan for those by the Secretary; and plan. projects. ‘‘(b) INTERGOVERNMENTAL COORDINATION.— ‘‘(ii) shall be determined on a project-by- ‘‘(2) PROJECT LIST CONTENT.—The list of project basis, based upon an agreement be- A State shall review the freight and pas- rail capital projects shall contain— tween the parties. senger rail service activities and initiatives ‘‘(A) a description of the anticipated public by regional planning agencies, regional ‘‘(B) CONSULTATION.—The Secretary may and private benefits of each such project; and seek the advice of the States and rail car- transportation authorities, and municipali- ‘‘(B) a statement of the correlation be- riers in further defining this term. ties within the State, or in the region in tween— which the State is located, while preparing ‘‘(2) PUBLIC BENEFIT.— ‘‘(i) public funding contributions for the the plan, and shall include any recommenda- ‘‘(A) IN GENERAL.—The term ‘public ben- projects; and efit’— tions made by such agencies, authorities, ‘‘(ii) the public benefits. and municipalities as deemed appropriate by ‘‘(i) means a benefit accrued to the public ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In in the form of enhanced mobility of people or the State. preparing the list of freight and intercity goods, environmental protection or enhance- ‘‘§ 22505. Content passenger rail capital projects, a State rail ment, congestion mitigation, enhanced trade ‘‘(a) IN GENERAL.—Each State rail plan transportation authority should take into and economic development, improved air shall contain the following: consideration the following matters:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00149 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23404 CONGRESSIONAL RECORD—SENATE October 20, 2005 ‘‘(A) Contributions made by non-Federal tively and by inserting after subsection (b) plish each goal and the additional duties re- and non-State sources through user fees, the following: quired under section 103(e). matching funds, or other private capital in- ‘‘(c) SAFETY.—To carry out all railroad ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDG- volvement. safety laws of the United States, the Admin- ET.—Beginning with fiscal year 2007 and each ‘‘(B) Rail capacity and congestion effects. istration is divided on a geographical basis fiscal year thereafter, the Secretary shall ‘‘(C) Effects on highway, aviation, and into at least 8 safety offices. The Secretary submit to Congress, at the Isame time as the maritime capacity, congestion, or safety. of Transportation is responsible for all acts President’s budget submission, the Adminis- ‘‘(D) Regional balance. taken under those laws and for ensuring that tration’s performance goals and schedule de- ‘‘(E) Environmental impact. the laws are uniformly administered and en- veloped under paragraph (1), including an as- ‘‘(F) Economic and employment impacts. forced among the safety offices.’’; sessment of the progress of the Administra- ‘‘(G) Projected ridership and other service (5) by inserting ‘‘POWERS AND DUTIES.—’’ tion toward achieving its performance measures for passenger rail projects. before ‘‘The’’ in subsection (d), as redesig- goals.’’ . ‘‘§ 22506. Review nated; SEC. 305. RAIL COOPERATIVE RESEARCH PRO- The Secretary shall prescribe procedures (6) by striking ‘‘and’’ after the semicolon GRAM. for States to submit State rail plans for re- in paragraph (1) of subsection (d), as redesig- (a) ESTABLISHMNT AND CONTENT.—Chapter view under this title, including standardized nated; 249 is amended by adding at the end the fol- format and data requirements. State rail (7) by redesignating paragraph (2) of sub- lowing: plans completed before the date of enact- section (d), as redesignated, as paragraph (3) ‘‘24910. Rail cooperative research program ment of the Passenger Rail Investment and and inserting after paragraph (1) the fol- ‘‘(a) IN GENERAL.—The Secretary shall es- Improvement Act of 2005 that substantially lowing: tablish and carry out a rail cooperative re- meet the requirements of this chapter, as de- ‘‘(2) the duties and powers related to rail- search program. The program shall— termined by the Secretary, shall be deemed road policy and development under sub- ‘‘(1) address, among other matters, inter- by the Secretary to have met the require- section (e); and’’; city rail passenger and freight rail services, ments of this chapter’’. (8) by inserting ‘‘TRANSFERS OF DUTY.—’’ including existing rail passenger and freight (b) CONFORMING AMENDMENTS.— before ‘‘A duty’’ in subsection (e), as redesig- technologies and speeds, incrementally en- (1) The table of chapters for the title is nated; hanced rail systems and infrastructure, and amended by inserting the following after the (9) by inserting ‘‘CONTRACTS, GRANTS, new highspeed wheel-on-rail systems and rail item relating to chapter 223: LEASES, COOPERATIVE AGREEMENTS, AND SIMI- security; ‘‘225. State rail plans ...... 22501’’. LAR TRANSACTIONS.—’’ before ‘‘Subject’’ in ‘‘(2) address ways to expand the transpor- ‘‘(2) The chapter analysis for subtitle V is subsection (f), as redesignated; tation of international trade traffic by rail, enhance the efficiency of intermodal inter- amended by inserting the following after the (10) by striking the last sentence in sub- change at ports and other intermodal termi- item relating to chapter 223: section (f), as redesignated; and (11) by adding at the end the following: nals, and increase capacity and availability ‘‘225. State rail plans ...... 24401’’. of rail service for seasonal freight needs; ‘‘(g) ADDITIONAL DUTIES OF THE ADMINIS- SEC. 303. NEXT GENERATION CORRIDOR TRAIN ‘‘(3) consider research on the interconnect- TRATOR.—The Administrator shall— EQUIPMENT POOL. edness of commuter rail, passenger rail, ‘‘(1) provide assistance to States in devel- (a) IN GENERAL.—Within 180 days after the freight rail, and other rail networks; and oping State rail plans prepared under chap- date of enactment of this Act, Amtrak shall ‘‘(4) give consideration to regional con- ter 225 and review all State rail plans sub- establish a Next Generation Corridor Equip- cerns regarding rail passenger and freight mitted under that section; ment Pool Committee, comprised of rep- transportation, including meeting research ‘‘(2) develop a long range national rail plan resentatives of Amtrak, the Federal Railroad needs common to desgnated high-speed cor- that is consistent with approved State rail Administration, and interested States. The ridors, long-distance rail services, and re- plans and the rail needs of the Nation, as de- purpose of the Committee shall be to design, gional intercity rail corridors, projects, and termined by the Secretary in order to pro- develop specifications for, and procure stand- entities. mote an integrated, cohesive, efficient, and ardized next-generation corridor equipment. ‘‘(b) CONTENT.—The program to be carried optimized national rail system for the move- (b) FUNCTIONS.—The Committee may— out under this section shall include research (1) determine the number of different types ment of goods and people; designed— of equipment required, taking into account ‘‘(3) develop a preliminary national rail ‘‘(1) to identify the unique aspects and at- variations in operational needs and corridor plan within a year after the date of enact- tributes of rail passenger and freight service; infrastructure; ment of the Passenger Rail Investment and ‘‘(2) to develop more accurate models for (2) establish a pool of equipment to be used Improvement Act of 2005; evaluating the impact of rail passenger and on corridor routes funded by participating ‘‘(4) develop and enhance partnerships with freight service, including the effects on high- States; and the freight and passenger railroad industry, way and airport and airway congestion, envi- (3) subject to agreements between Amtrak States, and the public concerning rail devel- ronmental quality, and energy consumption; and States, utilize services provided by Am- opment; ‘‘(3) to develop a better understanding of trak to design, maintain and remanufacture ‘‘(5) support rail intermodal development modal choice as it affects rail passenger and freight transportation, including develop- equipment. and high-speed rail development, including ment of better models to predict utilization; (c) COOPERATIVE AGREEMENTS.—Amtrak high speed rail planning; ‘‘(4) to recommend priorities for tech- and States participating in the Committee ‘‘(6) ensure that programs and initiatives nology demonstration and development; may enter into agreements for the funding, developed under this section benefit the pub- lic and work toward achieving regional and ‘‘(5) to meet additional priorities as deter- procurement, remanufacture, ownership and mined by the advisory board established national transportation goals; and management of corridor equipment, includ- under subsection (c), including any rec- ‘‘(7) facilitate and coordinate efforts to as- ing equipment currently owned or leased by ommendations made by the National Re- sist freight and passenger rail carriers, tran- Amtrak and next-generation corridor equip- search Council; ment acquired as a result of the Committee’s sit agencies and authorities, municipalities, ‘‘(6) to explore improvements in manage- actions, and may establish a corporation, and States in passenger-freight service inte- ment, financing, and institutional struc- which may be owned or jointly-owned by gration on shared rights of way by providing tures; Amtrak, participating States or other enti- neutral assistance at the joint request of af- ‘‘(7) to address rail capacity constraints ties, to perform these functions. fected rail service providers and infrastruc- that affect passenger and freight rail service (d) FUNDING.—In addition to the authoriza- ture owners relating to operations and ca- through a wide variety of options, ranging tion provided in section 105 of this Act, cap- pacity analysis, capital requirements, oper- from operating improvements to dedicated ital projects to carry out the purposes of this ating costs, and other research and planning new infrastructure, taking into account thei section shall be eligible for grants made pur- related to corridors shared by passenger or impact of such options on operations; suant to chapter 244 of title 49, United States commuter rail service and freight rail oper- ‘‘(8) to improve maintenance, operations, Code. ations. customer service, or other aspects of inter- SEC. 304. FEDERAL RAIL POLICY. ‘‘(h) PERFORMANCE GOALS AND REPORTS.— city rail passenger and freight service; Section 103 is amended— ‘‘(1) PERFORMANCE GOALS.—In conjunction ‘‘(9) to recommend objective methodologies (1) by inserting ‘‘IN GENERAL.—’’ before with the objectives established and activities for determining intercity passenger rail ‘‘The Federal’’ in subsection (a); under-taken under section 103(e) of this title, routes and services, including the establish- (2) by striking the second and third sen- the Administrator shall develop a schedule ment of new routes, the elimination of exist- tences of subsection (a); for achieving specific, measurable perform- ing routes, and the contraction or expansion (3) by inserting ‘‘ADMINISTRATOR.—’’ before ance goals. of services or frequencies over such routes; ‘‘The head’’ in subsection (b); ‘‘(2) RESOURCE NEEDS.—The strategy and ‘‘(10) to review the impact of equipment (4) by redesignating subsections (c), (d), annual plans shall include estimates of the and operational safety standards on the fur- and (e) as subsections (d), (e), and (f), respec- funds and staff resources needed to accom- ther development of high speed passenger

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23405 rail operations connected to or integrated (1) $63,500,000 for fiscal year 2006; ing additional information on items pre- with non-high speed freight or passenger rail (2) $30,000,000 for fiscal year 2007; and viously included in the plan, and within 45 operations; and (3) $30,000,000 for fiscal year 2008. days after receiving items newly included in ‘‘(11) to recommend any legislative or reg- Amounts appropriated pursuant to this a modified plan, the Secretary shall either ulatory changes necessary to foster further subsection shall remain available until ex- approve the modified plan, or, if the Sec- development and implementation of high pended. retary finds the plan is still incomplete or speed passenger rail operations while ensur- SEC. 402. FIRE AND LIFE-SAFETY IMPROVE- deficient, the Secretary shall identify in ing the safety of such operations that are MENTS. writing to the Senate Committee on Com- connected to or integrated with non-high (a) LIFE-SAFETY NEEDS.—The Secretary of merce, Science, and Transportation and the speed freight or passenger rail operations. Transportation is authorized to make grants House of Representatives Committee on ‘‘(c) ADVISORY BOARD.— to Amtrak for the purpose of making fire Transportation and Infrastructure the por- ‘‘(1) ESTABLISHMENT.—In consultation with and life-safety improvements to Amtrak tions of the plan the Secretary finds incom- the heads of appropriate Federal depart- tunnels on the Northeast Corridor in New plete or deficient, approve all other portions ments and agencies, the Secretary shall es- York, NY, Baltimore, MD, and Washington, of the plan, obligate the funds associated tablish an advisory board to recommend re- DC. with those other portions, and execute an search, technology, and technology transfer (b) AUTHORIZATION OF APPROPRIATIONS.— agreement with Amtrak within 15 days activities related to rail passenger and There are authorized to be appropriated to thereafter on a process for resolving the re- freight transportation. the Secretary of Transportation for the pur- maining portions of the plan. ‘‘(2) MEMBERSHIP.—The advisory board poses of carrying out subsection (a) the fol- (g) FINANCIAL CONTRIBUTION FROM OTHER shall include— lowing amounts: TUNNEL USERS.—The Secretary shall, taking ‘‘(A) representatives of State transpor- (1) For the 6 New York tunnels to provide into account the need for the timely comple- tation agencies; ventilation, electrical, and fire safety tech- tion of all portions of the tunnel projects de- ‘‘(B) transportation and environmental nology upgrades, emergency communication scribed in subsection (a)— economists, scientists, and engineers; and and lighting systems, and emergency access (1) consider the extent to which rail car- ‘‘(C) representatives of Amtrak, the Alaska and egress for passengers— riers other than Amtrak use or plan to use Railroad, freight railroads, transit operating (A) $190,000,000 for fiscal year 2006; the tunnels; (2) consider the feasibility of seeking a fi- agencies, intercity rail passenger agencies, (B) $190,000,000 for fiscal year 2007; nancial contribution from those other rail railway labor organizations, and environ- (C) $190,000,000 for fiscal year 2008; carriers toward the costs of the projects; and mental organizations. (2) For the Baltimore & Potomac tunnel ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The (3) obtain financial contributions or com- and the Union tunnel, together, to provide mitments from such other rail carriers at Secretary may make grants to, and enter adequate drainage, ventilation, communica- into cooperative agreements with, the Na- levels reflecting the extent of their use or tion, lighting, and passenger egress up- planned use of the tunnels, if feasible. tional Academy of Sciences to carry out grades— SEC. 403. AMTRAK PLAN TO ASSIST FAMILIES OF such activities relating to the research, tech- (A) $19,000,000 for fiscal year 2006; nology, and technology transfer activities PASSENGERS INVOLVED IN RAIL (B) $19,000,000 for fiscal year 2007; PASSENGER ACCIDENTS. described in subsection (b) as the Secretary (C) $19,000,000 for fiscal year 2008; (a) IN GENERAL.—Chapter 243 of title 49, deems appropriate.’’ (3) For the Washington, DC, Union Station United States Code, is amended by adding at (b) CLERICAL AMENDMENT.—The chapter tunnels to improve ventilation, communica- the end the following: analysis for chapter 249 is amended by add- tion, lighting, and passenger egress up- ing at the end the following: ‘‘§ 24316. Plans to address needs of families of grades— passengers involved in rail passenger acci- ‘‘24910. Rail cooperative research program’’. (A) $13,333,000 for fiscal year 2006; dents (B) $13,333,000 for fiscal year 2007; TITLE IV—PASSENGER RAIL SECURITY ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 (C) $13,333,000 for fiscal year 2008; AND SAFETY months after the date of the enactment of (c) INFRASTRUCTURE UPGRADES.—There are SEC. 401. SYSTEMWIDE AMTRAK SECURITY UP- the Passenger Rail Investment and Improve- authorized to be appropriated to the Sec- GRADES. ment Act of 2005, Amtrak shall submit to the retary of Transportation for fiscal year 2006 (a) IN GENERAL—Subject to subsection (c) Chairman of the National Transportation $3,000,000 for the preliminary design of op- the Secretary of Homeland Security, in con- Safety Board and the Secretary of Transpor- tions for a new tunnel on a different align- sultation with the Secretary of Transpor- tation a plan for addressing the needs of the ment to augment the capacity of the exist- tation, is authorized to make grants to Am- families of passengers involved in any rail ing Baltimore tunnels. trak— passenger accident involving an Amtrak (d) AVAILABILITY OF APPROPRIATED (1) to secure major tunnel access points intercity train and resulting in a loss of life. FUNDS.—Amounts made available pursuant and ensure tunnel integrity in New York, ‘‘(b) CONTENTS OF PLANS.—The plan to be Baltimore, and Washington, DC; to this section shall remain available until submitted by Amtrak under subsection (a) (2) to secure Amtrak trains; expended. shall include, at a minimum, the following: (3) to secure Amtrak stations; (e) PLANS REQUIRED.—The Secretary may ‘‘(1) A process by which Amtrak will main- (4) to obtain a watch list identification not make amounts available to Amtrak for tain and provide to the National Transpor- system approved by the Secretary; obligation or expenditure under subsection tation Safety Board and the Secretary of (5) to obtain train tracking and interoper- (a)— Transportation, immediately upon request, a able communications systems that are co- (1) until Amtrak has submitted to the Sec- list (which is based on the best available in- ordinated to the maximum extent possible; retary, and the Secretary has approved, an formation at the time of the request) of the (6) to hire additional police and security engineering and financial plan for such names of the passengers aboard the train officers, including canine units; projects; and (whether or not such names have been (7) to expand emergency preparedness ef- (2) unless, for each project funded pursuant verified), and will periodically update the forts; and (8) for employee security training. to this section, the Secretary has approved a list. The plan shall include a procedure, with (b) CONDITIONS.—The Secretary of Trans- project management plan prepared by Am- respect to unreserved trains and passengers portation shall disburse funds to Amtrak trak addressing appropriate project budget, not holding reservations on other trains, for provided under subsection (a) for projects construction schedule, recipient staff organi- Amtrak to use reasonable efforts to ascer- contained in a systemwide security plan ap- zation, document control and record keep- tain the number and names of passengers proved by the Secretary of Homeland Secu- ing, change order procedure, quality control aboard a train involved in an accident. rity. The plan shall include appropriate and assurance, periodic plan updates, and ‘‘(2) A plan for creating and publicizing a measures to address security awareness, periodic status reports. reliable, toll-free telephone number within 4 emergency response, and passenger evacu- (f) REVIEW OF PLANS.—The Secretary of hours after such an accident occurs, and for ation training. Transportation shall complete the review of providing staff, to handle calls from the fam- (c) EQUITABLE GEOGRAPHIC ALLOCATION.— the plans required by paragraphs (1) and (2) ilies of the passengers. The Secretary shall ensure that, subject to of subsection (e) and approve or disapprove ‘‘(3) A process for notifying the families of meeting the highest security needs on Am- the plans within 45 days after the date on the passengers, before providing any public trak’s entire system, stations and facilities which each such plan is submitted by Am- notice of the names of the passengers, by located outside of the Northeast Corridor re- trak. If the Secretary determines that a plan suitably trained individuals. ceive an equitable share of the security funds is incomplete or deficient, the Secretary ‘‘(4) A process for providing the notice de- authorized by this section. shall notify Amtrak of the incomplete items scribed in paragraph (2) to the family of a (d) AUTHORIZATION OF APPROPRIATIONS.— or deficiencies and Amtrak shall, within 30 passenger as soon as Amtrak has verified There are authorized to be appropriated to days after receiving the Secretary’s notifica- that the passenger was aboard the train the Secretary of Homeland Security to carry tion, submit a modified plan for the Sec- (whether or not the names of all of the pas- out this section— retary’s review. Within 15 days after receiv- sengers have been verified).

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23406 CONGRESSIONAL RECORD—SENATE October 20, 2005 ‘‘(5) A process by which the family of each (3) an assessment of the current program ‘‘(D) Amtrak, for capital projects under its passenger will be consulted about the dis- to provide preclearance of freight railroad 5–year plan; position of all remains and personal effects traffic between the United States and Can- ‘‘(2) the bonds are for the purpose of fi- of the passenger within Amtrak’s control; ada as outlined in the ‘‘Declaration of Prin- nancing projects that make a substantial that any possession of the passenger within ciple for the Improved Security of Rail Ship- contribution to providing the infrastructure Amtrak’s control will be returned to the ments by Canadian National Railway and and equipment required to complete or im- family unless the possession is needed for the Canadian Pacific Railway from Canada to prove a rail transportation corridor (includ- accident investigation or any criminal inves- the United States’’, dated April 2, 2003; ing projects for the acquisition, financing, or tigation; and that any unclaimed possession (4) information on progress by the Depart- refinancing of equipment and other capital of a passenger within Amtrak’s control will ment of Homeland Security and other Fed- improvements, including the introduction of be retained by the rail passenger carrier for eral agencies towards finalizing a bilateral new high-speed technologies such as mag- at least 18 months. protocol with Canada that would provide for netic levitation systems, track or signal im- ‘‘(6) A process by which the treatment of preclearance of passengers on trains oper- provements, the elimination of grade cross- the families of nonrevenue passengers will be ating between the United States and Canada; ings, development of intermodal facilities, the same as the treatment of the families of (5) a description of legislative, regulatory, improvement of train speeds or safety, or revenue passengers. budgetary, or policy barriers within the both, and station rehabilitation or construc- ‘‘(7) An assurance that Amtrak will pro- United States Government to providing pre- tion), but only if the Secretary determines vide adequate training to its employees and screened passenger lists for rail passengers that the projects are part of a viable and agents to meet the needs of survivors and traveling between the United States and comprehensive rail transportation corridor family members following an accident. Canada to the Department of Homeland Se- design for intercity passenger service in- ‘‘(c) USE OF INFORMATION.—The National curity; cluded in a State rail plan under chapter 225 Transportation Safety Board, the Secretary (6) a description of the position of the Gov- (except for bonds issued under paragraph of Transportation, and Amtrak may not re- ernment of Canada and relevant Canadian (1)(D)); and lease to any person information on a list ob- agencies with respect to preclearance of such ‘‘(3) for a railroad passenger transportation tained under subsection (b)(l) but may pro- passengers; corridor not operated by Amtrak that in- vide information on the list about a pas- (7) a draft of any changes in existing Fed- cludes the use of rights-of-way owned by a senger to the family of the passenger to the eral law necessary to provide for pre-screen- freight railroad, a written agreement exists extent that the Board or Amtrak considers ing of such passengers and providing pre- between the applicant and the freight rail- appropriate. screened passenger lists to the Department road regarding such use and ownership, in- ‘‘(d) LIMITATION ON LIABILITY.—Amtrak of Homeland Security; and shall not be liable for damages in any action cluding compensation for such use and assur- (8) an analysis of the feasibility of rein- brought in a Federal or State court arising ances regarding the adequacy of infrastruc- stating United States Customs and Border out of the performance of Amtrak in pre- ture capacity to accommodate both existing Patrol rolling inspections onboard inter- paring or providing a passenger list, or in and future freight and passenger operations, national Amtrak trains. providing information concerning a train and including an assurance by the freight reservation, pursuant to a plan submitted by SEC. 405. PASSENGER, BAGGAGE, AND CARGO railroad that collective bargaining agree- Amtrak under subsection (b), unless such li- SCREENING. ments with the freight railroad’s employees ability was caused by Amtrak’s conduct. (a) REQUIREMENT FOR STUDY AND REPORT.— (including terms regulating the contracting ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- The Secretary of Homeland Security, in co- of work) shall remain in full force and effect TION.—Nothing in this section may be con- operation with the Secretary of Transpor- according to their terms for work performed strued as limiting the actions that Amtrak tation through the Assistant Secretary of by the freight railroad on such railroad pas- may take, or the obligations that Amtrak Homeland Security (Transportation Security senger transportation corridor. may have, in providing assistance to the Administration) and other appropriate agen- ‘‘(b) PROJECT SELECTION CRITERIA.—The families of passengers involved in a rail pas- cies, shall— Secretary shall give preference to the des- senger accident. (1) study the cost and feasibility of requir- ignation under this section of bonds for ‘‘(f) FUNDING.—There are authorized to be ing security screening for passengers, bag- projects selected using the criteria in chap- appropriated to the Secretary of Transpor- gage, and cargo on passenger trains includ- ter 244. tation for the use of Amtrak $500,000 for fis- ing an analysis of any passenger train ‘‘(c) TIMELY DISPOSITION OF APPLICATION.— cal year 2006 to carry out this section. screening pilot programs undertaken by the The Secretary shall grant or deny a re- Amounts made available pursuant to this Department of Homeland Security; and quested designation within 9 months after subsection shall remain available until ex- (2) report the results of the study, together receipt of an application. pended.’’. with any recommendations that the Sec- ‘‘(d) REFINANCING RULES.—Bonds des- (b) CONFORMING AMENDMENT.—The chapter retary of Homeland Security may have for ignated by the Secretary under subsection analysis for chapter 243 of title 49, United implementing a rail security screening pro- (a) may be issued for refinancing projects States Code, is amended by adding at the end gram to the Senate Committee on Com- only if the indebtedness being refinanced (in- the following: merce, Science, and Transportation and the cluding any obligation directly or indirectly ‘‘24316. Plan to assist families of passengers House of Representatives Committee on refinanced by such indebtedness) was origi- involved in rail passenger acci- Transportation and Infrastructure within 1 nally incurred by the issuer— dents.’’ . year after the date of enactment of this Act. ‘‘(1) after the date of the enactment of this SEC. 404. NORTHERN BORDER RAIL PASSENGER (b) AUTHORIZATION OF APPROPRIATIONS.— section; REPORT. There are authorized to be appropriated to ‘‘(2) for a term of not more than 3 years; Within 180 days after the date of enact- the Secretary of Homeland Security ‘‘(3) to finance projects described in sub- ment of this Act, the Secretary of Transpor- $1,000,000 for fiscal year 2006 to carry out this section (a)(2); and tation, in consultation with the Secretary of section. ‘‘(4) in anticipation of being refinanced Homeland Security, the Assistant Secretary TITLE V—RAIL BOND AUTHORITY with proceeds of a bond designated under subsection (a). of Homeland Security (Transportation Secu- SEC. 501. INTERCITY RAIL FACILITY BONDS. rity Administration), heads of other appro- ‘‘(e) APPLICATION OF CONDITIONS.—Any en- (a) IN GENERAL.—Chapter 261 is amended tity providing railroad transportation (with- priate Federal departments, and agencies by adding at the end the following: and the National Railroad Passenger Cor- in the meaning of section 20102) that begins poration, shall transmit a report to the Sen- ‘‘§ 26106. Rail infrastructure bonds operations after the date of the enactment of ate Committee on Commerce, Science, and ‘‘(a) DESIGNATION.—The Secretary may des- this section and that uses property acquired Transportation and the House of Representa- ignate bonds for purposes of section 54A of pursuant to this section (except as provided tives Committee on Transportation and In- the Internal Revenue Code of 1986 if— in subsection (a)(2)(B)), shall be subject to frastructure that contains— ‘‘(1) the bonds are to be issued by— the conditions under section 24405. (1) a description of the current system for ‘‘(A) a State, if the entire railroad pas- ‘‘(f) ISSUANCE OF REGULATIONS.—Not later screening passengers and baggage on pas- senger transportation corridor containing than 6 months after the date of the enact- senger rail service between the United States the infrastructure project to be financed is ment of the Passenger Rail Investment and and Canada; within the State; Improvement Act of 2005, the Secretary shall (2) an assessment of the current program ‘‘(B) 1 or more of the States that have en- issue regulations for carrying out this sec- to provide preclearance of airline passengers tered into an agreement or an interstate tion. between the United States and Canada as compact consented to by Congress under sec- ‘‘(g) SECTION 54A BOND DEFINED.—In this outlined in ‘‘The Agreement on Air Trans- tion 410(a) of Public Law 105–134 (49 U.S.C. section, the term ‘section 54A bond’ means a port Preclearance between the Government 24101 note); bond designated by the Secretary under sub- of Canada and the Government of the United ‘‘(C) an agreement or an interstate com- section (a) for purposes of section 54A of the States of America’’, dated January 18, 2001; pact described in subparagraph (B); or Internal Revenue Code of 1986 (relating to

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23407 credit to holders of qualified rail infrastruc- of the Consumer Product Safety Act (15 amendment intended to be proposed by ture bonds).’’. U.S.C. 2068) and shall be subject to the pen- him to the bill H.R. 3058, making ap- (b) CONFORMING AMENDMENT.—The table of alties and remedies available for prohibited propriations for the Departments of sections for chapter 261 is amended by adding acts under the Consumer Product Safety Transportation, Treasury, and Housing after the item relating to section 26105 the Act. following new item: (d) VIOLATION OF CUSTOMS LAWS.—The im- and Urban Development, the Judiciary, District of Columbia, and independent ‘‘26106. Rail infrastructure bonds.’’ portation of an ATV into the United States in violation of subsection (a) shall be a viola- agencies for the fiscal year ending Sep- SA 2152. Mr. COLEMAN (for himself, tion of the customs laws of the United States tember 30, 2006, and for other purposes; and any applicable provisions thereof. AYTON E INE which was ordered to lie on the table; Mr. D , and Mr. D W ) sub- (e) EFFECTIVE DATE.—This section shall be- mitted an amendment intended to be as follows: come effective 90 days after the date of the On page 276, after line 24, add the fol- proposed by him to the bill H.R. 3058, enactment of this Act. lowing: making appropriations for the Depart- SEC. ll. AMENDMENTS TO EXCLUDE SOLID ments of Transportation, Treasury, SA 2153. Mr. COBURN submitted an WASTE DISPOSAL FROM THE JURIS- and Housing and Urban Development, amendment intended to be proposed by DICTION OF THE BOARD. the Judiciary, District of Columbia, him to the bill H.R. 3058, making ap- Section 10501 of title 49, United States and independent agencies for the fiscal propriations for the Departments of Code, is amended— Transportation, Treasury, and Housing (1) in subsection (b)(2), by inserting ‘‘ex- year ending September 30, 2006, and for cept solid waste management facilities (as other purposes; which was ordered to and Urban Development, the Judiciary, District of Columbia, and independent defined in section 1004 of the Solid Waste lie on the table; as follows: Disposal Act (42 U.S.C. 6903)),’’ after ‘‘facili- agencies for the fiscal year ending Sep- At the appropriate place, insert the fol- ties,’’; and lowing: tember 30, 2006, and for other purposes; (2) in subsection (c)(2)— which was ordered to lie on the table; SEC. ll. ALL-TERRAIN VEHICLES. (A) by striking ‘‘over mass’’ and inserting (a) IN GENERAL.—Notwithstanding any as follows: the following: ‘‘over— other provision of law, it is unlawful for any On page 436, between lines 10 and 11, insert ‘‘(A) mass’’; and person to import into the United States or the following: (B) by striking the period at the end and any manufacturer or wholesale distributor SEC. 8ll. No funds made available under inserting the following: ‘‘; or to distribute in commerce any new assem- this Act shall be used to plan, design, or con- ‘‘(B) the processing or sorting of solid bled or unassembled ATV unless— struct, in the State of Alaska— waste.’’. (1) the Knik Arm Bridge; or (1)(A) with respect to an ATV designed for Mr. LEAHY (for himself, Mr. use by single operator only, such ATV com- (2) a bridge joining the Island of Gravina to SA 2157. plies with any applicable provision of the the community of Ketchikan. COLEMAN, Mr. SARBANES, Mr. GRAHAM, Mr. REED, Ms. SNOWE, Mr. SCHUMER, American National Standard for Four Wheel SA 2154. Mr. COBURN submitted an All-Terrain Vehicles—Equipment, Configura- Mr. OBAMA, Mr. KOHL, Mr. DORGAN, Mr. tion, and Performance Requirements devel- amendment intended to be proposed by NELSON of Florida, Mr. LAUTENBERG, oped by the Specialty Vehicle Institute of him to the bill H.R. 3058, making ap- Mr. LEVIN, Mr. KERRY, Mr. JEFFORDS, America (American National Standard ANSI/ propriations for the Departments of Mr. DODD, Ms. STABENOW, Mr. CORZINE, SVIA–1–2001) or any applicable provision of a Transportation, Treasury, and Housing Mr. SALAZAR, Mrs. CLINTON, Mr. DUR- revision of such Standard; or and Urban Development, the Judiciary, BIN, Ms. COLLINS, Mrs. FEINSTEIN, Mr. (B) with respect to an ATV designed for District of Columbia, and independent VOINOVICH, Mr. KENNEDY, Mr. DEWINE, use by an operator and passengers, such ATV agencies for the fiscal year ending Sep- Mr. SANTORUM, Mr. HARKIN, Mr. ROCKE- complies with any applicable provisions of tember 30, 2006, and for other purposes; FELLER, Mr. LIEBERMAN, Mr. DAYTON, any future American National Standard de- which was ordered to lie on the table; veloped for such vehicles; Ms. CANTWELL, Mr. SPECTER, Mr. (2) with respect to an ATV, it is subject to as follows: BINGAMAN, Ms. LANDRIEU, Mr. GRASS- or covered by a letter of undertaking or an On page 406, between lines 7 and 8, insert LEY, Mr. BAYH, Ms. MIKULSKI, Mr. ATV action plan that— the following: JOHNSON, Mr. CHAFEE, and Mr. TALENT) (A) applies to such ATV; SEC. 724. DEPARTMENT OF HOUSING AND URBAN submitted an amendment intended to (B) includes actions to promote ATV safe- DEVELOPMENT RISK ASSESSMENT. be proposed by him to the bill H.R. None of the funds made available in this ty; and 3058, making appropriations for the De- (C)(i) was submitted to the Commission Act shall be used by the Department of Housing and Urban Development for pro- partments of Transportation, Treas- and implemented prior to September 23, 2005; ury, and Housing and Urban Develop- or grams and activities not in compliance with (ii) is approved by the Commission and is section 2 of the Improper Payments Informa- ment, the Judiciary, District of Colum- substantially implemented at the time of the tion Act of 2002 (Public Law 107–300), includ- bia, and independent agencies for the import into the United States or the dis- ing any programs under the community de- fiscal year ending September 30, 2006, tribution in commerce of such ATV; and velopment block grant program under title I and for other purposes; which was or- (3) such ATV bears a permanent label cer- of the Housing and Community Development dered to lie on the table; as follows: Act of 1974 (42 U.S.C. 5301 et seq.). tifying that it complies with the provisions On page 298, on line 13 strike of paragraphs (1) and (2). SA 2155. Mr. LAUTENBERG (for him- ‘‘$1,500,000,000’’ and insert ‘‘$2,100,000,000’’. (b) DEFINITIONS.—In this section: On page 299, line 14 strike the period and (1) ATV.—The term ‘‘ATV’’ means any mo- self and Mr. CORZINE) submitted an insert the following: ‘‘: Provided further, torized, off-highway, all-terrain vehicle de- amendment intended to be proposed by That notwithstanding the foregoing pro- signed to travel on 4 wheels, having a seat him to the bill H.R. 3058, making ap- visos, of the amounts recaptured from designed to be straddled by the operator and propriations for the Departments of amounts appropriated in prior years under handlebars for steering control and does not Transportation, Treasury, and Housing this heading, such amounts are provided as include a prototype of an motorized, off- and Urban Development, the Judiciary, follows: highway, all-terrain vehicle or other off- District of Columbia, and independent ‘‘(1) $200,000,000 for activities provided for highway, all-terrain vehicle that is intended agencies for the fiscal year ending Sep- under the heading ‘Tenant-based rental as- exclusively for research and development sistance’, including $130,000,000 for the re- purposes. tember 30, 2006, and for other purposes; newal of expiring section 8 contracts under (2) COMMISSION, DISTRIBUTION IN COMMERCE, which was ordered to lie on the table; section 8 of the United States Housing Act of TO DISTRIBUTE IN COMMERCE, IMPORT, UNITED as follows: 1937 (42 U.S.C. 1437f), and not to exceed STATES.—The terms ‘‘Commission’’, ‘‘dis- On page 227, line 7, strike the period and $70,000,000 for the conversion of section 811 tribution in commerce’’, ‘‘to distribute in insert the following: ‘‘: Provided further, That vouchers to tenant-based rental assistance commerce’’, ‘‘import’’, and ‘‘United States’’ not later than December 31, 2015, public-use vouchers. have the meaning given those terms in sec- airports shall improve their runway safety ‘‘(2) $200,000,000 to be equally divided for tion 3(a) of the Consumer Product Safety Act areas to comply with the Federal Aviation activities provided for under the headings (15 U.S.C. 2052(a)). Administration design standards.’’. ‘Public Housing Capital Fund’ and ‘Public (c) VIOLATION OF CPSA.—Any violation of Housing Operating Fund’. subsection (a) shall be considered to be a pro- SA 2156. Mr. LAUTENBERG (for him- ‘‘(3) $200,000,000 for activities provided for hibited act within the meaning of section 19 self and Mr. CORZINE) submitted an under the heading ‘Community Development

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Fund’ to carry out the community develop- volvement in a minor’s abortion decision, SEC. 408. (a) The division of the court shall ment block grant program under title I of had the abortion been performed in the State release to the Congress and to the public not the Housing and Community Development where the minor resides. later than 60 days after the date of enact- Act of 1974 (42 U.S.C. 5301 et seq.).’’. ‘‘(d) CIVIL ACTION.—Any parent who suffers ment of this Act all portions of the final re- harm from a violation of subsection (a) may port of the independent counsel of the inves- SA 2158. Mr. ENSIGN (for himself obtain appropriate relief in a civil action. tigation of Henry Cisneros made under sec- and Mr. VITTER) proposed an amend- ‘‘(e) DEFINITIONS.—For the purposes of this tion 594(h) of title 28, United States Code, ex- ment to amendment S. 2133 proposed section— cept for any such portions that contain in- formation of a personal nature that the divi- by Mr. DORGAN (for himself, Mr. CRAIG, ‘‘(1) a ‘law requiring parental involvement in a minor’s abortion decision’ means a law— sion of the court determines the disclosure of Mr. ENZI, and Mr. BAUCUS) to the bill ‘‘(A) requiring, before an abortion is per- which would cause a clearly unwarranted in- H.R. 3058, making appropriations for formed on a minor, either— vasion of privacy that outweighs the public the Departments of Transportation, ‘‘(i) the notification to, or consent of, a interest in a full accounting of this inves- Treasury, and Housing and Urban De- parent of that minor; or tigation. Upon the release of the final report, velopment, the Judiciary, District of ‘‘(ii) proceedings in a State court; and the final report shall be published pursuant Columbia, and independent agencies ‘‘(B) that does not provide as an alter- to section 594(h)(3) of title 28, United States Code. for the fiscal year ending September 30, native to the requirements described in sub- paragraph (A) notification to or consent of (b)(1) After the release and publication of 2006, and for other purposes; as follows: the final report referred to in subsection (a), any person or entity who is not described in Strike all after the first word and insert the independent counsel shall continue his that subparagraph; the following: office only to the extent necessary and ap- ‘‘(2) the term ‘parent’ means— ll. (a) SHORT TITLE.—This section may be propriate to perform the noninvestigative ‘‘(A) a parent or guardian; cited as the ‘‘Child Custody Protection Act’’. and nonprosecutorial tasks remaining of his ‘‘(B) a legal custodian; or (b) TRANSPORTATION OF MINORS IN CIR- statutory duties as required to conclude the ‘‘(C) a person standing in loco parentis who CUMVENTION OF CERTAIN LAWS RELATING TO functions of his office. has care and control of the minor, and with ABORTION.— (2) The duties referred to in paragraph (1) whom the minor regularly resides, who is (1) IN GENERAL.—Title 18, United States shall specifically include— Code, is amended by inserting after chapter designated by the law requiring parental in- (A) the evaluation of claims for attorney 117 the following: volvement in the minor’s abortion decision fees, pursuant to section 593(l) of title 28, as a person to whom notification, or from ‘‘CHAPTER 117A—TRANSPORTATION OF United States Code; whom consent, is required; (B) the transfer of records to the Archivist MINORS IN CIRCUMVENTION OF CER- ‘‘(3) the term ‘minor’ means an individual TAIN LAWS RELATING TO ABORTION of the United States pursuant to section who is not older than the maximum age re- 594(k) of title 28, United States Code; ‘‘Sec. quiring parental notification or consent, or ‘‘2431. Transportation of minors in cir- (C) compliance with oversight obligations proceedings in a State court, under the law pursuant to section 595(a) of title 28, United cumvention of certain laws re- requiring parental involvement in a minor’s lating to abortion States Code; and abortion decision; and (D) preparation of statements of expendi- ‘‘§ 2431. Transportation of minors in cir- ‘‘(4) the term ‘State’ includes the District tures pursuant to section 595(c) of title 28, cumvention of certain laws relating to of Columbia and any commonwealth, posses- United States Code. abortion sion, or other territory of the United (c)(1) The independent counsel shall have ‘‘(a) OFFENSE.— States.’’. not more than 90 days after the release and ‘‘(1) GENERALLY.—Except as provided in (2) CLERICAL AMENDMENT.—The table of publication of the final report referred to in subsection (b), whoever knowingly trans- chapters for part I of title 18, United States subsection (a) to complete his remaining ports a minor across a State line, with the Code, is amended by inserting after the item statutory duties unless the division of the intent that such minor obtain an abortion, relating to chapter 117 the following new court determines that it is necessary for the and thereby in fact abridges the right of a item: independent counsel to have additional time parent under a law requiring parental in- ‘‘117A. Transportation of minors to complete his remaining statutory duties. volvement in a minor’s abortion decision, in in circumvention of certain (2) If the division of the court finds that force in the State where the minor resides, laws relating to abortion ...... 2431’’. the independent counsel needs additional shall be fined under this title or imprisoned time under paragraph (1), the division of the not more than one year, or both. SA 2159. Mr. NELSON of Florida (for court shall issue a public report stating the ‘‘(2) DEFINITION.—For the purposes of this himself and Mr. SMITH) submitted an grounds for the extension and a proposed subsection, an abridgement of the right of a amendment intended to be proposed by date for completion of all aspects of the in- parent occurs if an abortion is performed on vestigation of Henry Cisneros and termi- him to the bill H.R. 3058, making ap- nation of the office of the independent coun- the minor, in a State other than the State propriations for the Departments of where the minor resides, without the paren- sel. tal consent or notification, or the judicial Transportation, Treasury, and Housing authorization, that would have been required and Urban Development, the Judiciary, SA 2161. Ms. CANTWELL (for herself, by that law had the abortion been performed District of Columbia, and independent Mr. COLEMAN, Mr. HARKIN, Mr. BAYH, in the State where the minor resides. agencies for the fiscal year ending Sep- Mr. LUGAR, and Mr. DAYTON) submitted ‘‘(b) EXCEPTIONS.— tember 30, 2006, and for other purposes; an amendment intended to be proposed ‘‘(1) The prohibition of subsection (a) does which was ordered to lie on the table; by her to the bill H.R. 3058, making ap- not apply if the abortion was necessary to as follows: propriations for the Departments of save the life of the minor because her life On page 293, after line 25, insert the fol- Transportation, Treasury, and Housing was endangered by a physical disorder, phys- and Urban Development, the Judiciary, ical injury, or physical illness, including a lowing: life endangering physical condition caused SEC. 221. It is the sense of Congress that District of Columbia, and independent by or arising from the pregnancy itself. the Secretary of the Treasury should place agencies for the fiscal year ending Sep- ‘‘(2) A minor transported in violation of al-Manar, a global satellite television oper- tember 30, 2006, and for other purposes; this section, and any parent of that minor, ation, on the Specially Designated Global which was ordered to lie on the table; may not be prosecuted or sued for a violation Terrorist list. as follows: of this section, a conspiracy to violate this SA 2160. Mr. GRASSLEY (for him- On page 276, after line 24, insert the fol- section, or an offense under section 2 or 3 lowing: based on a violation of this section. self, Mr. DORGAN, and Mr. BOND) pro- SEC. 1ll. (a) In this section: ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- posed an amendment to the bill H.R. (1) The term ‘‘flexible fuel mixture’’ means firmative defense to a prosecution for an of- 3058, making appropriations for the De- any mixture of gasoline and ethanol up to 85 fense, or to a civil action, based on a viola- partments of Transportation, Treas- percent of which is ethanol, or any mixture tion of this section that the defendant rea- ury, and Housing and Urban Develop- of diesel and biodiesel of which 85 percent is sonably believed, based on information the ment, the Judiciary, District of Colum- biodiesel, as measured by volume. defendant obtained directly from a parent of bia, and independent agencies for the (2) The term ‘‘light truck’’ has the mean- the minor or other compelling facts, that be- fiscal year ending September 30, 2006, ing given that term in section 523.5 of title fore the minor obtained the abortion, the pa- 49, Code of Federal Regulations (or a suc- rental consent or notification, or judicial au- and for other purposes; as follows: cessor regulation). thorization took place that would have been On page 356, between lines 4 and 5, insert (b) Not later than 90 days after the date of required by the law requiring parental in- the following: enactment of this Act, using funds made

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23409 available to the National Highway Traffic is amended by adding at the end the fol- (1) in item number 406— Safety Administration, the Secretary of lowing: (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; Transportation shall prepare and submit to ‘‘(f) REDUCTION OF EMPLOYEE VEHICLE FUEL and Congress a report describing the feasibility CONSUMPTION BY CERTAIN FEDERAL AGEN- (B) by striking ‘‘Planning, design, and con- and marginal production costs of making all CIES.— struction of a bridge joining the Island of new passenger automobiles and light trucks ‘‘(1) DEFINITION OF AFFECTED AGENCY.—In Gravina to the Community of Ketchikan’’ sold in the United States capable of using a this subsection, the term ‘affected agency’ and inserting ‘‘Reconstruction of Twin Spans flexible fuel mixture. means— Bridge connecting New Orleans and Slidell, ‘‘(A) the Department of Transportation; Louisiana’’; SA 2162. Mr. REED submitted an ‘‘(B) the Department of the Treasury; (2) in item number 2465— amendment intended to be proposed by ‘‘(C) the Department of Housing and Urban (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; him to the bill H.R. 3058, making ap- Development; and and propriations for the Departments of ‘‘(D) any agency of the judicial branch of (B) by striking ‘‘Planning, design, and con- Transportation, Treasury, and Housing the Federal Government. struction of Knik Arm Bridge’’ and inserting ‘‘(2) REDUCTION OF EMPLOYEE VEHICLE FUEL ‘‘Reconstruction of Twin Spans Bridge con- and Urban Development, the Judiciary, CONSUMPTION.—Each affected agency shall necting New Orleans and Slidell, Louisiana’’; District of Columbia, and independent take such actions as are necessary to reduce (3) in item number 3323— agencies for the fiscal year ending Sep- the level of fuel consumed by vehicles of em- (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; tember 30, 2006, and for other purposes; ployees of the affected agency (other than and as follows: fuel used for military purposes), in connec- (B) by striking ‘‘Earthwork and roadway On page 293, after line 25, add the fol- tion with the employment of the employees, construction Gravina Access Project’’ and lowing: by (to the maximum extent practicable) at inserting ‘‘Reconstruction of Twin Spans least 10 percent during the 1-year period be- SEC. ll. APPLICATION OF ARBITRAGE BOND Bridge connecting New Orleans and Slidell, REGULATIONS TO CERTAIN STATE ginning on the date of enactment of this sub- Louisiana’’; and REVOLVING FUNDS. section. (4) in item number 3677— Not later than 90 days after the date of the ‘‘(3) METHODS.—An affected agency may (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; enactment of this Act, the Secretary of the use such methods as the agency determines and Treasury shall submit a report to the Com- are appropriate to achieve the target estab- (B) by striking ‘‘Planning, design, and con- mittees on Appropriations of the House of lished by paragraph (2), including— struction of Knik Arm Bridge’’ and inserting Representatives and the Senate to provide a ‘‘(A) telework; ‘‘Reconstruction of Twin Spans Bridge con- legal basis for the application of section ‘‘(B) carpooling; necting New Orleans and Slidell, Louisiana’’. 1.148-1(c) of the United States Treasury Reg- ‘‘(C) bicycling and walking to work; (d) Item number 2 of the table contained in ulations (regarding arbitrage bond regula- ‘‘(D) fuel-efficient trip planning; section 1934 of the Safe, Accountable, Flexi- tions) to the reserve funds held by the Clean ‘‘(E) public transportation use; and ble, Efficient Transportation Equity Act: A Water and Safe Drinking Water State revolv- ‘‘(F) limiting travel days for vehicle travel Legacy for Users (Public Law 109–59; 119 ing funds which generally contain replace- outside the office. Stat. 1144) is amended— ment proceeds but not bond proceeds. ‘‘(4) MEASUREMENT.—An affected agency (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; may use such measures as the affected agen- and SA 2163. Mr. HAGEL submitted an cy determines are appropriate to determine (2) by striking ‘‘Improvements to the Knik amendment intended to be proposed by whether the affected agency has achieved the Arm Bridge’’ and inserting ‘‘Reconstruction him to the bill H.R. 3058, making ap- target established by paragraph (2), includ- of Twin Spans Bridge connecting New Orle- ans and Slidell, Louisiana’’. propriations for the Departments of ing certification of the methods described in paragraph (3).’’. (e) Sections 1949, 4410, and 4411 of the Safe, Transportation, Treasury, and Housing Accountable, Flexible, Efficient Transpor- and Urban Development, the Judiciary, SA 2165. Mr. COBURN submitted an tation Equity Act: A Legacy for Users (Pub- District of Columbia, and independent amendment intended to be proposed by lic Law 109–59; 119 Stat. 1144) are repealed. agencies for the fiscal year ending Sep- (f) No funds made available under this Act him to the bill H.R. 3058, making ap- shall be used to plan, design, or construct, in tember 30, 2006, and for other purposes; propriations for the Departments of the State of Alaska— which was ordered to lie on the table; Transportation, Treasury, and Housing (1) the Knik Arm Bridge; or as follows: and Urban Development, the Judiciary, (2) a bridge joining the Island of Gravina to At the appropriate place, insert the fol- District of Columbia, and independent the community of Ketchikan. lowing: agencies for the fiscal year ending Sep- (g) Nothing in this section or an amend- SECTION 1. DISTRICT JUDGESHIP FOR THE DIS- tember 30, 2006, and for other purposes; ment made by this section affects the alloca- tion of funds to any State other than the TRICT OF NEBRASKA. as follows: (a) IN GENERAL.—The President shall ap- States of Alaska and Louisiana. point, by and with the advice and consent of At the appropriate place, add the fol- the Senate, 1 additional district judge for the lowing: Section 144(g)(1) of title 23, United SA 2166. Ms. LANDRIEU submitted district of Nebraska. States Code, is amended— an amendment intended to be proposed (b) TECHNICAL AND CONFORMING AMEND- (1) in subparagraph (A)(ii), by striking ‘‘for by her to the bill H.R. 3058, making ap- MENT.—The table under section 133(a) of title the construction of a bridge joining the Is- propriations for the Departments of 28, United States Code, is amended by strik- land of Gravina to the community of Ketch- Transportation, Treasury, and Housing ikan in Alaska’’ and inserting ‘‘for the re- ing the item relating to Nebraska and insert- and Urban Development, the Judiciary, ing the following: construction of the Twin Spans Bridge con- necting New Orleans, Louisiana, and Slidell, District of Columbia, and independent ‘‘Nebraska ...... 4’’. Louisiana’’; agencies for the fiscal year ending Sep- tember 30, 2006, and for other purposes; SA 2164. Mr. SALAZAR submitted an (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as which was ordered to lie on the table; amendment intended to be proposed by subparagraph (B). as follows: him to the bill H.R. 3058, making ap- (b) Item number 14 of the table contained On page 348, between lines 5 and 6, insert propriations for the Departments of in section 1302 of the Safe, Accountable, the following: Transportation, Treasury, and Housing Flexible, Efficient Transportation Equity SEC. 321. HOME MORTGAGE PROTECTION RE- and Urban Development, the Judiciary, Act: A Legacy for Users (Public Law 109–59; VOLVING LOAN FUND. District of Columbia, and independent 119 Stat. 1144) is amended— (a) ESTABLISHMENT.—There is established agencies for the fiscal year ending Sep- (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; in the Treasury of the United States the tember 30, 2006, and for other purposes; and Home Mortgage Protection Revolving Loan (2) by striking ‘‘Planning, design, and con- which was ordered to lie on the table; Fund (hereafter referred to in this section as struction of Knik Arm Bridge’’ and inserting the ‘‘Fund’’) to carry out the lending and as follows: ‘‘Reconstruction of Twin Spans Bridge con- guarantee functions authorized under this On page 276, after line 24, add the fol- necting New Orleans and Slidell, Louisiana’’. section. lowing: (c) The table contained in section 1702 of (b) CAPITAL.—Except as provided under SEC. 1lll. Section 543 of the National the Safe, Accountable, Flexible, Efficient subsection (j), the capital of the Fund shall Energy Conservation Policy Act (42 U.S.C. Transportation Equity Act: A Legacy for remain available until expended. 8253) (as amended by section 103 of the En- Users (Public Law 109–59; 119 Stat. 1144) is (c) AUTHORITIES, SCOPE, AND PURPOSES; ergy Policy Act of 2005 (Public Law 109–58)) amended— CONDITIONS; INTEREST RATE; REPAYMENT.—

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(1) LOANS AUTHORIZED.—The Secretary is (f) FORECLOSURES.— the Secretary shall issue regulations nec- authorized to make or guarantee loans, ei- (1) IN GENERAL.—An eligible financial insti- essary to carry out the administration of ther directly or in cooperation with banks or tution that does not seek a loan under this this section and to ensure that the purposes other organizations through agreements to section, may not foreclose on property held of this section are accomplished. participate on an immediate or deferred by a mortgagor in an affected area, if the (l) DEFINITIONS.—In this section, the fol- basis, to eligible financial institutions, for mortgagor can demonstrate that the prop- lowing definitions shall apply: the purposes described in subsection (e). erty meets the requirements listed under (1) AFFECTED AREA.—The term ‘‘affected (2) CONDITIONS.—No loans, guarantees, or subsection (d). area’’ means any area— other financial assistance shall be provided (2) REIMBURSEMENT FROM FUND.—If an eli- (A) with respect to which the President has under this section unless the Secretary de- gible financial institution is unable to fore- declared a major disaster pursuant to title termines that— close under paragraph (1), such financial in- IV of the Robert T. Stafford Disaster Relief (A) there is reasonable assurance of repay- stitution may seek a loan under this section and Emergency Assistance Act (42 U.S.C. ment of the loan; in accordance with the provisions of this sec- 5121 et seq.) as a result of Hurricane Katrina (B) the loan is not otherwise available on tion. or Hurricane Rita; or reasonable terms from private sources or (3) LIMITATION.—An eligible financial insti- (B) that is determined to be eligible for other Federal, State, or local programs; and tution may not receive a loan under this sec- disaster relief under other Federal law by (C) the amount of the loan, together with tion for mortgage payments deferred under reason of damage related to Hurricane other funds available, is adequate to assure subsection (g) for any foreclosure proceeding Katrina or Hurricane Rita. completion or achievement of the purposes initiated prior to August 26, 2005. (2) ELIGIBLE FINANCIAL INSTITUTION.—The for which the loan is made. (4) REPAYMENT FOR ANY PROPERTY SEIZED.— term ‘‘eligible financial institution’’ means (3) LIMITATIONS.— If an eligible financial institution forecloses, any— (A) IN GENERAL.—The Secretary may not or otherwise seizes or disposes of, property (A) commercial bank; loan amounts out of the Fund to an eligible held by a mortgagor in an affected area, such (B) community bank; financial institution for mortgage payments financial institution shall repay to the Fund (C) mortgage bank; deferred under subsection (g) in an amount any loan amounts received under this sec- (D) credit union; in excess of the sum of 6 deferred mortgage tion. (E) enterprise, as that term is defined in payments. (g) DEFERRAL OF MORTGAGE PAYMENTS.— section 1303 of the Housing and Community (B) EXCLUSION.—The amount calculated (1) IN GENERAL.—An eligible financial insti- Development Act of 1992 (12 U.S.C. 4502); under subparagraph (A) shall not include any tution shall extend for an additional 6 (F) Bank, as that term is used in the Hous- deferrals that an eligible financial institu- months any deferral of mortgage payments ing and Community Development Act of 1992 tion granted to a mortgagor prior to the date of a mortgagor initiated prior to August 26, (12 U.S.C. 4501 et seq.); or of enactment of this section. 2005. (G) other lender approved by the Secretary (C) OUTSTANDING LOAN AMOUNT.—The total (2) REIMBURSEMENT FOR EXTENSION.—An el- as eligible for insurance under section 2 of amount of outstanding loan amounts under igible financial institution that extends the the National Housing Act (12 U.S.C. 1703). this section may not exceed $2,000,000,000. deferral of any mortgage payments under (3) SECRETARY.—The term ‘‘Secretary’’ (4) INTEREST RATE.—Loans made by the paragraph (1) may seek a loan under this sec- means the Secretary of Housing and Urban Secretary pursuant to this section shall bear tion for reimbursement for the deferral of Development. interest at a rate equal to not less than a such mortgage payments. (m) FUNDING.—The Fund shall consist of rate determined by the Secretary of the (3) REFINANCE, REAMORTIZATION, OR RE- the remaining amounts provided for in the Treasury, taking into consideration the av- STRUCTURING OF MORTGAGES.—An eligible fi- Disaster Relief Fund under the Robert T. erage market yield on outstanding Treasury nancial institution may refinance, reamor- Stafford Disaster Relief and Emergency As- obligations of comparable maturity, plus tize, or restructure any mortgage deferred sistance Act (42 U.S.C. 5121 et seq.), as in ef- such additional charge, if any, toward cov- under paragraph (1) to extend the term of fect on the date of enactment of this section, ering other costs of the program, as the Sec- such mortgage to cover any mortgage pay- and includes such funds as may be deposited retary may determine to be consistent with ments missed or deferred under that para- in the Disaster Relief Fund from funds made its purposes. graph. available by this or any other Act. (5) REPAYMENT.—All loans made under this (4) LIMITATION ON REFINANCING.—If an eligi- section shall be repayable within a period of ble financial institution exercises its author- Ms. LANDRIEU submitted not more than 30 years. SA 2167. ity to refinance, reamortize, or restructure a (6) ADJUSTMENT OF INTEREST RATES, MORA- an amendment intended to be proposed mortgage under paragraph (3), such institu- TORIUM ON PRINCIPAL AND INTEREST.—The by her to the bill H.R. 3058, making ap- tion shall repay to the Fund any amounts re- Secretary is authorized to adjust interest propriations for the Departments of ceived under paragraph (2). rates, grant moratoriums on repayment of Transportation, Treasury, and Housing (5) INELIGIBILITY OF CERTAIN MORTGAGORS.— principal and interest, collect or compromise An eligible financial institution shall not ex- and Urban Development, the Judiciary, any obligations held by the Secretary, and to tend the deferral of any mortgage payments District of Columbia, and independent take such other actions in respect to such under paragraph (1), if the mortgagor has a agencies for the fiscal year ending Sep- loans as the Secretary shall determine to be homeowners or other insurance policy that tember 30, 2006, and for other purposes; necessary or appropriate, consistent with the includes coverage of mortgage payments. purposes of this section. as follows: (d) APPLICATION.—An eligible financial in- (h) CREDIT PROTECTION.—A failure by a On page 219, line 14, insert after stitution seeking a loan under this section mortgagor to make a mortgage payment on ‘‘$15,000,000’’ the following: ‘‘, of which shall submit an application to the Secretary any property located in an affected area $5,000,000 shall be made available to provide at such time, in such manner, and con- shall not be reported to any consumer re- a grant to the Louisiana Department of taining such information as the Secretary porting agency, as such term is defined Transportation and Development to estab- may require, including providing proper doc- under section 603 of the Fair Credit Report- lish a program under which the Louisiana umentation to the Secretary that— ing Act (15 U.S.C. 1681a). Department of Transportation and Develop- (1) such financial institution is the holder (i) DEPOSITS.— ment shall provide grants to parish and mu- of a mortgage; (1) INVESTMENT.—To the extent that nicipal governments in the State of Lou- (2) mortgage payments have been deferred amounts in the Fund at any time exceed the isiana that experience a significant spike in for 6 months under subsection (g); immediate needs of the Fund, the excess population because of an unexpected influx (3) the property secured by the mortgage is shall be invested in short-term obligations of of hurricane evacuees, as determined by the located in an affected area; the United States. Louisiana Department of Transportation and (4) the property secured by mortgage was (2) INTEREST.—To the extent that interest Development, to quickly implement smart rendered unusable or uninhabitable, or was accrues on any funds invested under para- and innovative plans to alleviate traffic con- completely destroyed, as a result of Hurri- graph (1), that interest shall remain in the gestion and to address increased transpor- cane Katrina or Hurricane Rita; and fund and shall be made available for the pur- tation demands in the affected commu- (5) such financial institution has not initi- poses of this section. nities’’. ated any foreclosure proceeding against any (j) REVERSION OF FUNDS TO THE TREAS- property held by a mortgagor for which the URY.—Any amounts in the Fund that are un- SA 2168. Ms. LANDRIEU submitted financial institution is seeking a loan. expended and unobligated after March 30, an amendment intended to be proposed (e) USE OF FUNDS.—Amounts in the Fund 2007, shall be covered into the General Fund may only be used to provide loans to eligible of the Treasury as miscellaneous receipts, by her to the bill H.R. 3058, making ap- financial institutions to reimburse such fi- and the Fund shall be terminated. propriations for the Departments of nancial institutions for mortgage payments (k) REGULATIONS.—Not later than 15 days Transportation, Treasury, and Housing deferred under subsection (g). after the date of enactment of this section, and Urban Development, the Judiciary,

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23411 District of Columbia, and independent Administrator shall use existing emissions agencies for the fiscal year ending Sep- agencies for the fiscal year ending Sep- test cycles and, or, updated adjustment fac- tember 30, 2006, and for other purposes; tember 30, 2006, and for other purposes; tors to implement the requirements of this which was ordered to lie on the table; as follows: subsection. as follows: (b) DEADLINE.—The Administrator of the On page 276, after line 24, add the fol- Environmental Protection Agency shall— On page 253, after line 22, insert the fol- lowing: (1) publish a notice of proposed rulemaking lowing: SEC. 1ll. (a) In addition to amounts not later than March 31, 2006, to carry out SEC. 143. (a) The Senate finds the fol- available to carry out section 10204 of the subsection (a); and lowing: Safe, Accountable, Flexible, and Efficient (2) promulgate a final rule not later than (1) Only 1 member of the Board of Direc- Transportation Equity Act: A Legacy for 18 months after the date on which the Ad- tors of the Corporation has been confirmed Users (Public Law 109–59) as of the date of ministrator issues the notice under para- by the Senate. enactment of this Act, of the amounts made graph (1). (2) Two other members of the Board were available by this Act, $1,000,000 shall be used (c) REPORT.—Three years after issuing the recess appointments whose terms expire at by the Secretary of Transportation and the final rule required by subsection (b), and the end of the first session of the 109th Con- Secretary of Homeland Security to jointly— every 3 years thereafter, the Administrator gress. (1) complete the review and assessment of of the Environmental Protection Agency (3) Three seats on the Board are vacant and catastrophic hurricane evacuation plans shall reconsider the fuel economy labeling no nominations have been submitted to the under that section; and procedures required under subsection (a) to Senate to fill these vacancies. (2) submit to Congress, not later than June determine if the changes in the factors re- (4) The Corporation’s ability to take major 1, 2006, the report described in subsection (d) quire revisiting the process. The Adminis- actions is compromised by having only 1 of that section. trator shall report to the Committee on member of the Board who has been con- (b) Section 10204 of the Safe, Accountable, Commerce, Science, and Transportation of firmed by the Senate. Flexible, and Efficient Transportation Eq- the Senate and the Committee on Energy (b) It is the sense of the Senate that— uity Act: A Legacy for Users (Public Law and Commerce of the House of Representa- (1) the President should appoint sufficient 109–59) is amended— tives on the outcome of the reconsideration new members to the Board of Directors of (1) in subsection (a)— process. the Corporation to fill all existing and an- (A) by inserting after ‘‘evacuation plans’’ ticipated vacancies and submit such appoint- the following: ‘‘(including the costs of the SA 2170. Mr. CARPER submitted an ments to the Senate not later than Decem- plans)’’; and amendment intended to be proposed by ber 31, 2005; and (B) by inserting ‘‘and other catastrophic him to the bill H.R. 3058, making ap- (2) the Senate should act on such nomina- tions as quickly as possible. events’’ before ‘‘impacting’’; propriations for the Departments of (2) in subsection (b), by striking ‘‘and local’’ and inserting ‘‘parish, county, and Transportation, Treasury, and Housing SA 2173. Mr. COLEMAN (for himself, municipal’’; and and Urban Development, the Judiciary, Mr. LEVIN, Mr. AKAKA, and Mr. CAR- (3) in subsection (c)— District of Columbia, and independent PER) submitted an amendment in- (A) in paragraph (1), by inserting ‘‘safe agencies for the fiscal year ending Sep- tended to be proposed by him to the and’’ before ‘‘practical’’; tember 30, 2006, and for other purposes; bill H.R. 3058, making appropriations (B) in paragraph (2), by inserting after which was ordered to lie on the table; for the Departments of Transportation, ‘‘States’’ the following: ‘‘and adjoining juris- as follows: Treasury, and Housing and Urban De- dictions’’; On page 252, between lines 11 and 12, insert velopment, the Judiciary, District of (C) in paragraph (3), by striking ‘‘and’’ the following: ‘‘Provided further, That the after the semicolon at the end; Columbia, and independent agencies Comptroller General shall submit a report to (D) in paragraph (4), by striking the period for the fiscal year ending September 30, Congress that describes the potential liabil- at the end and inserting a semicolon; and 2006, and for other purposes; as follows: ities, operational and capital costs, tax im- (E) by adding at the end the following: On page 406, between lines 7 and 8, insert plications, administrative costs, and other ‘‘(5) the availability of food, water, rest- the following: costs associated with the Corporation cre- rooms, fueling stations, and shelter opportu- SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS ating a wholly owned Northeast Corridor nities along the evacuation routes; WITH FEDERAL TAX DEBT. subsidiary and transferring the Northeast ‘‘(6) the time required to evacuate under The General Services Administration, in Corridor infrastructure to such subsidiary the plan; and conjunction with the Financial Management before the Corporation takes further steps ‘‘(7) the physical and mental strains associ- Service, shall develop procedures to subject toward creating such a subsidiary:’’. ated with the evacuation.’’. purchase card payments to Federal contrac- tors to the Federal Payment Levy Program. SA 2171. Mr. CARPER submitted an SA 2169. Ms. CANTWELL submitted SEC. 520. REPORTING OF AIR TRAVEL BY FED- amendment intended to be proposed by an amendment intended to be proposed ERAL GOVERNMENT EMPLOYEES. him to the bill H.R. 3058, making ap- by her to the bill H.R. 3058, making ap- (a) ANNUAL REPORTS REQUIRED.—The Ad- propriations for the Departments of ministrator of General Services shall submit propriations for the Departments of Transportation, Treasury, and Housing annually to the Committee on Homeland Se- Transportation, Treasury, and Housing and Urban Development, the Judiciary, curity and Governmental Affairs of the Sen- and Urban Development, the Judiciary, District of Columbia, and independent ate and the Committee on Government Re- District of Columbia, and independent form of the House of Representatives a re- agencies for the fiscal year ending Sep- agencies for the fiscal year ending Sep- port on all first class and business class trav- tember 30, 2006, and for other purposes; tember 30, 2006, and for other purposes; el by employees of each agency undertaken which was ordered to lie on the table; which was ordered to lie on the table; at the expense of the Federal Government. as follows: (b) CONTENTS.—The reports submitted pur- as follows: On page 252, between lines 11 and 12, insert suant to subsection (a) shall include, at a At the appropriate place, insert the fol- the following: ‘‘Provided further, That the minimum, with respect to each travel by lowing: Corporation shall submit a report to Con- first class or business class— SEC. ll. UPDATED FUEL ECONOMY LABELING gress that describes the costs, including (1) the names of each traveler; PROCEDURES. staffing costs, associated with creating a (2) the date of travel; (a) IN GENERAL.—The Administrator of the wholly owned Northeast Corridor subsidiary (3) the points of origination and destina- Environmental Protection Agency shall, as and transferring the Northeast Corridor in- tion; appropriate and in consultation with the Ad- frastructure into such subsidiary before the (4) the cost of the first class or business ministrator of the National Highway Traffic Corporation takes any further steps toward class travel; and Safety Administration, update and revise the creating such a subsidiary:’’. (5) the cost difference between such travel process used to determine fuel economy val- and travel by coach class fare available ues for labeling purposes as set forth in sec- SA 2172. Mr. CARPER submitted an under contract with the General Services tions 600.209–85 and 600.209.95 of title 40, Code amendment intended to be proposed by Administration or, if no contract is avail- of Federal Regulations, to take into consid- him to the bill H.R. 3058, making ap- able, the lowest coach class fare available. eration current factors such as speed limits, (c) AGENCY DEFINED.—(1) Except as pro- acceleration rates, braking, variations in propriations for the Departments of vided in paragraph (2), in this section, the weather and temperature, vehicle load, use Transportation, Treasury, and Housing term ‘‘agency’’ has the meaning given such of air conditioning, driving patterns, and the and Urban Development, the Judiciary, term in section 5701(1) of title 5, United use of other fuel consuming features. The District of Columbia, and independent States Code.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23412 CONGRESSIONAL RECORD—SENATE October 20, 2005 (2) The term does not include any element ending September 30, 2006, and for comment, the Secretary may raise the of the intelligence community as set forth in other purposes; as follows: amount of the conservation fee in an amount or designated under section 3(4) of the Na- determined to be appropriate by the Sec- At the appropriate place in the bill, insert tional Security Act of 1947 (50 U.S.C. 401a(4)). retary, but by not more than 50 percent of the following: the amount of the conservation fee in effect SA 2174. Mr. BOND (for himself and SEC. ll. Section 14711(c) of title 49, United States Code, is amended by— on the day before the date of the increase. Mrs. MURRAY) proposed an amendment (1) striking ‘‘; and’’ at the end of paragraph (3)(A) The amounts collected under para- to the bill H.R. 3058, making appropria- (1) and inserting ‘‘;’’; graph (2) shall be deposited in a special ac- tions for the Departments of Transpor- (2) striking the period at the end of para- count in the Treasury of the United States. tation, Treasury, and Housing and graph (2) and inserting ‘‘; and’’; and (B) Of the amounts deposited under sub- paragraph (A)— Urban Development, the Judiciary, (3) inserting the following after paragraph (i) 2⁄3 of the amounts shall be available to District of Columbia, and independent (2): ‘‘(3) be substituted, upon the filing of a mo- the Secretary, without further appropria- agencies for the fiscal year ending Sep- tion with the court, for the State as parens tion, for the management of cultural, wild- tember 30, 2006, and for other purposes; patriae in the action.’’. life, and wilderness resources on public land as follows: in the State of Nevada; and 1 On page 384, after line 13, insert the fol- SA 2178. Mr. BOND (for Mr. REID) (ii) ⁄3 of the amounts shall be available to lowing: proposed an amendment to the bill the Director of the Bureau of Land Manage- SEC. ll. The Administrator of General H.R. 3058, making appropriations for ment, without further appropriation, for the conduct of Bureau of Land Management op- Services shall require that all credible sus- the Departments of Transportation, tainable building rating systems that award erations for the Conservation Area and the credits for certified wood products in the rat- Treasury, and Housing and Urban De- Red Rock Canyon National Conservation ing system be included in the published velopment, the Judiciary, District of Area. building design criteria or specifications of Columbia, and independent agencies (4)(A) Except for safety reasons, any heli- any solicitation for offers issued by the Gen- for the fiscal year ending September 30, copter tour originating or concluding at the eral Services Administration (GSA) for con- 2006, and for other purposes; as follows: parcel of land described in subsection (c) that flies over the Conservation Area shall struction of a Federal building or court- At the appropriate place, insert the fol- not fly— house: Provided, That the Administrator may lowing: (i) over any area in the Conservation Area only consider sustainable forest management SEC. ll. (a) In this section: except the area that is between 3 and 5 miles certification programs that are currently in (1) The term ‘‘Conservation Area’’ means north of the latitude of the southernmost use in the United States and consistent with the Sloan Canyon National Conservation boundary of the Conservation Area; the Federal government’s goals of environ- Area established by section 604(a) of the (ii) lower than 1,000 feet over the eastern mental stewardship: Provided further, That Clark County Conservation of Public Land segments of the boundary of the Conserva- not later than 90 days after enactment of and Natural Resources Act of 2002 (116 Stat. tion Area; or this Act, the Administrator shall report to 2010). (iii) lower than 500 feet over the western the relevant congressional committees of ju- (2) The term ‘‘County’’ means Clark Coun- segments of the boundary of the Conserva- risdiction on the appropriateness of indi- ty, Nevada. tion Area. vidual forest management certification pro- (3)(A) The term ‘‘helicopter tour’’ means a (B) The Administrator of the Federal Avia- grams for use within GSA’s sustainable commercial helicopter tour operated for tion Administration shall establish a special building program, including a schedule for profit. flight rules area and any operating proce- incorporating any additional such programs (B) The term ‘‘helicopter tour’’ does not in- dures that the Administrator determines to into the system through regulations. clude a helicopter tour that is carried out to be necessary to implement subparagraph (A). assist a Federal, State, or local agency. SA 2175. Mr. BOND (for himself and (5) If the County ceases to use any of the (4) The term ‘‘Secretary’’ means the Sec- land described in subsection (c) for the pur- Mrs. MURRAY) proposed an amendment retary of the Interior. to the bill H.R. 3058, making appropria- pose described in paragraph (1)(A) and under (5) The term ‘‘Wilderness’’ means the the conditions stated in paragraph (2)— tions for the Departments of Transpor- North McCullough Mountains Wilderness es- (A) title to the parcel shall revert to the tation, Treasury, and Housing and tablished by section 202(a)(13) of the Clark United States, at the option of the United Urban Development, the Judiciary, County Conservation of Public Land and States; and District of Columbia, and independent Natural Resources Act of 2002 (116 Stat. 2000). (B) the County shall be responsible for any (b) As soon as practicable after the date of agencies for the fiscal year ending Sep- reclamation necessary to revert the parcel to enactment of this Act, the Secretary shall the United States. tember 30, 2006, and for other purposes; convey to the County, subject to valid exist- as follows: (e) The Secretary shall require, as a condi- ing rights, for no consideration, all right, tion of the conveyance under subsection (b), On page 216, after line 23, insert the fol- title, and interest of the United States in that the County pay the administrative lowing: and to the parcel of land described in sub- costs of the conveyance, including survey DIVISION A—TRANSPORTATION, TREASURY, THE section (c). costs and any other costs associated with the JUDICIARY, HOUSING AND URBAN (c) The parcel of land to be conveyed under transfer of title. DEVELOPMENT, AND RELATED subsection (b) is the parcel of approximately AGENCIES APPROPRIATIONS ACT, 229 acres of land depicted as tract A on the SA 2179. Mr. BOND (for Mr. DURBIN 2006 map entitled ‘‘Clark County Public Heliport (for himself and Mr. OBAMA)) proposed Facility’’ and dated May 3, 2004. SA 2176. Mr. BOND (for himself and (d)(1) The parcel of land conveyed under an amendment to the bill H.R. 3058, Mrs. MURRAY) proposed an amendment subsection (b)— making appropriations for the Depart- to the bill H.R. 3058, making appropria- (A) shall be used by the County for the op- ments of Transportation, Treasury, tions for the Departments of Transpor- eration of a heliport facility under the condi- and Housing and Urban Development, tation, Treasury, and Housing and tions stated in paragraphs (2), (3), and (4); the Judiciary, District of Columbia, Urban Development, the Judiciary, and and independent agencies for the fiscal (B) shall not be disposed of by the County. year ending September 30, 2006, and for District of Columbia, and independent (2)(A) Any operator of a helicopter tour agencies for the fiscal year ending Sep- originating from or concluding at the parcel other purposes; as follows: tember 30, 2006, and for other purposes; of land described in subsection (c) shall pay On page 406, between lines 7 and 8, insert as follows: to the Clark County Department of Aviation the following: On page 436, line 11, strike ‘‘Act’’ and in- a $3 conservation fee for each passenger on SEC. 724. REPORT ON EVERGREEN TERRACE. sert in lieu thereof ‘‘division’’. the helicopter tour if any portion of the heli- (a) IN GENERAL.—The Secretary of Housing copter tour occurs over the Conservation and Urban Development shall conduct a SA 2177. Mr. BOND proposed an Area. study and prepare a report that describes the amendment to the bill H.R. 3058, mak- (B)(i) Not earlier than 10 years after the progress, if any, in improving the living con- ing appropriations for the Departments date of enactment of this Act and every 10 ditions of the tenants of the Evergreen Ter- years thereafter, the Secretary shall conduct race I and Evergreen Terrace II housing com- of Transportation, Treasury, and Hous- a review to determine whether to raise the plexes located in Joliet, Illinois, by the own- ing and Urban Development, the Judi- amount of the conservation fee. ers of such complexes. ciary, District of Columbia, and inde- (ii) After conducting a review under clause (b) INTERIM REPORT.—Not later than 6 pendent agencies for the fiscal year (i) and providing an opportunity for public months after the date of enactment of this

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23413 Act, the Secretary of Housing and Urban De- Government contract under the authority of al-Manar, a global satellite television oper- velopment shall submit to Congress an in- such Secretary if the Secretary determines ation, on the Specially Designated Global terim report on the findings of the study re- that the waiver is required in the interest of Terrorist list. quired under subsection (a). national security. (c) FINAL REPORT.—Not later than 12 (2) REPORT TO CONGRESS.—Any Secretary SA 2187. Mr. BOND (for Mr. LOTT (for months after the date of enactment of this issuing a waiver under paragraph (1) shall re- himself and Mr. LAUTENBERG)) pro- Act, the Secretary of Housing and Urban De- port such issuance to Congress. posed an amendment to the bill H.R. velopment shall submit to Congress a final (c) EXCEPTION.—This section shall not 3058, making appropriations for the De- report that describes— apply to any Federal Government contract partments of Transportation, Treas- (1) the findings of the study required under entered into before the date of the enact- ury, and Housing and Urban Develop- subsection (a); and ment of this Act, or to any task order issued ment, the Judiciary, District of Colum- pursuant to such contract. (2) any conclusions and recommendations bia, and independent agencies for the of such study. SA 2183. Mr. BOND (for Mr. FRIST fiscal year ending September 30, 2006, SA 2180. Mr. BOND (for Mrs. MUR- (for himself, Mrs. DOLE, and Mrs. and for other purposes; as follows: RAY) proposed an amendment to the BOXER)) proposed an amendment to the On page 250, line 9, strike ‘‘Provided, That,’’ bill H.R. 3058, making appropriations bill H.R. 3058, making appropriations and all that follows through page 252, line 17, for the Departments of Transportation, and insert ‘‘Provided, That the Corporation for the Departments of Transportation, may impose a passenger service surcharge on Treasury, and Housing and Urban De- Treasury, and Housing and Urban De- each ticket issued equivalent to 5 percent of velopment, the Judiciary, District of velopment, the Judiciary, District of the value of said ticket for all tickets issued Columbia, and independent agencies Columbia, and independent agencies for travel in the Northeast Corridor, or route for the fiscal year ending September 30, for the fiscal year ending September 30, segment, between Washington, DC and Bos- 2006, and for other purposes; as follows: 2006, and for other purposes; as follows: ton, MA and equivalent to 2 percent of the value of said ticket price for all tickets On page 432, line 22, strike ‘‘2006.’’ and in- On page 310, line 16, after ‘‘tribal areas’’, insert the following: ‘‘, and of which issued for travel on a route outside the sert ‘‘2007.’’ Northeast Corridor, the proceeds of which $5,000,000 shall be for capacity building ac- On page 433, line 5, strike ‘‘$6,000,000’’ and shall be used for capital investments: Pro- tivities administered by Habitat for Human- insert ‘‘$10,000,000’’ vided further, That the Corporation shall not ity International’’. On page 433, line 9, insert after ‘‘upgrades’’ impose said surcharge if it finds that such a the following: ‘‘, including the replacement SA 2184. Mr. BOND (for Mrs. MUR- surcharge shall have a deleterious impact on of the fuel farm facility’’ ridership and revenues: Provided further, RAY) proposed an amendment to the That of the funds provided under this sec- SA 2181. Mr. STEVENS (for himself, bill H.R. 3058, making appropriations tion, not less than $5,000,000 shall be ex- Ms. MURKOWSKI, and Mr. FRIST) sub- for the Departments of Transportation, pended for the development and implementa- mitted an amendment intended to be Treasury, and Housing and Urban De- tion of a managerial cost accounting system, proposed by him to the bill H.R. 3058, velopment, the Judiciary, District of which includes average and marginal unit making appropriations for the Depart- Columbia, and independent agencies cost capability: Provided further, That within ments of Transportation, Treasury, for the fiscal year ending September 30, 30 days of development of the managerial 2006, and for other purposes; as follows: cost accounting system, the Department of and Housing and Urban Development, Transportation Inspector General shall re- the Judiciary, District of Columbia, On page 253, after line 22, insert the fol- view and comment to the Secretary of and independent agencies for the fiscal lowing: Transportation and the House and Senate year ending September 30, 2006, and for ‘‘SEC. ll. Notwithstanding any other pro- Committees on Appropriations, upon the other purposes; as follows: vision of law, funds made available to the strengths and weaknesses of the system and Federal Railroad Administration for the how it best can be implemented to improve At the appropriate place, insert the fol- Spokane Region High Speed Rail Corridor lowing: decision making by the Board of Directors Study on page 1420 of the Joint Explanatory and management of the Corporation.’’. SEC. ll. No funds provided under Section Statement of the Committee of Conference 1702 of the Safe Accountable, Flexible, Effi- for Public Law 108–447 (House Report 108–792) SA 2188. Mr. BOND (for Mr. LAUTEN- cient Transportation Equity Act: A Legacy shall be made available to the Washington BERG) proposed an amendment to the for Users (Public Law 109–59; 119 Stat. 1144) State Department of Transportation for for the construction or reconstruction of any bill H.R. 3058, making appropriations track and grade crossing improvements for the Departments of Transportation, bridge shall be expended until nonemerging under the Bridging the Valley project be- funds have been made available for the re- tween Spokane County, Washington and Treasury, and Housing and Urban De- pair of the Twin Spans Bridge connecting Kootenai County, Idaho.’’ velopment, the Judiciary, District of New Orleans and Slidell, Louisiana. Columbia, and independent agencies SA 2185. Mr. BOND proposed an for the fiscal year ending September 30, SA 2182. Mr. LEVIN submitted an amendment to the bill H.R. 3058, mak- 2006, and for other purposes; as follows: amendment intended to be proposed by ing appropriations for the Departments On page 227, line 7, strike the period and him to the bill H.R. 3058, making ap- of Transportation, Treasury, and Hous- insert the following: ‘‘: Provided further, That propriations for the Departments of ing and Urban Development, the Judi- not later than December 31, 2015, the owner Transportation, Treasury, and Housing ciary, District of Columbia, and inde- or operator of an airport certificated under and Urban Development, the Judiciary, pendent agencies for the fiscal year 49 U.S.C. 44706 shall improve the airport’s District of Columbia, and independent ending September 30, 2006, and for runway safety areas to comply with the Fed- agencies for the fiscal year ending Sep- eral Aviation Administration design stand- other purposes; as follows: ards required by 14 CFR part 139: Provided tember 30, 2006, and for other purposes; On page 383, strike line 21 and all that fol- further, That the Federal Aviation Adminis- as follows: lows through line 6 on page 384. tration shall report annually to the Congress On page 293, after line 25, add the fol- on the agency’s progress toward improving lowing: SA 2186. Mr. BOND (for Mr. NELSON the runway safety areas at 49 U.S.C. 44706 SEC. ll. PROHIBITION ON FUNDING OF FED- of Florida (for himself and Mr. SMITH)) airports.’’ ERAL CONTRACTS WITH EXPATRI- proposed an amendment to bill H.R. ATED ENTITIES. 3058, making appropriations for the De- SA 2189. Mr. BOND (for Mr. COLEMAN (a) IN GENERAL.—None of the funds appro- partments of Transportation, Treas- (for himself, Mr. DAYTON, and Mr. priated or otherwise made available by this ury, and Housing and Urban Develop- DEWINE)) proposed an amendment to Act may be used for any Federal Govern- ment, the Judiciary, District of Colum- the bill H.R. 3058, making appropria- ment contract with any foreign incorporated tions for the Departments of Transpor- entity which is treated as an inverted domes- bia, and independent agencies for the fiscal year ending September 30, 2006, tation, Treasury, and Housing and tic corporation under section 835(b) of the Urban Development, the Judiciary, Homeland Security Act of 2002 (6 U.S.C. and for other purposes; as follows: 395(b)) or any subsidiary of such an entity. On page 293, after line 25, insert the fol- District of Columbia, and independent (b) WAIVERS.— lowing: agencies for the fiscal year ending Sep- (1) IN GENERAL.—Any Secretary shall waive SEC. 221. It is the sense of Congress that tember 30, 2006, and for other purposes; subsection (a) with respect to any Federal the Secretary of the Treasury should place as follows:

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23414 CONGRESSIONAL RECORD—SENATE October 20, 2005 At the appropriate place, insert the fol- for the fiscal year ending September 30, a resident under paragraph (1) causes the as- lowing: 2006, and for other purposes; as follows: sistance needs of that resident to rise above such limit. SEC. ll. ALL-TERRAIN VEHICLES. On page 406, between lines 7 and 8, insert (c) EMERGENCY DESIGNATION.—The (a) IN GENERAL.—Notwithstanding any the following: other provision of law, it is unlawful for any amounts appropriated under subsections (a) SEC. 724. DEPARTMENT OF HOUSING AND URBAN and (b) are designated as an emergency re- manufacturer or wholesale distributor to dis- DEVELOPMENT RISK ASSESSMENT. tribute in commerce in the United States quirement under section 402 of H. Con. Res. (a) ESTIMATE.—The Secretary of Housing 95 (109th Congress). any new assembled or unassembled ATV un- and Urban Development shall estimate im- less— proper payments for the community develop- SA 2192. Mr. BINGAMAN (for himself (1)(A) with respect to an ATV designed for ment block grant program under title I of use by single operator only, such ATV com- the Housing and Community Development and Mr. AKAKA) submitted an amend- plies with any applicable provision of— Act of 1974 (42 U.S.C. 5301 et seq.) pursuant to ment intended to be proposed by him (i) the American National Standard for section 2 of the Improper Payments Informa- to the bill H.R. 3058, making appropria- Four Wheel All-Terrain Vehicles – Equip- tion Act of 2002 (Public Law 107-300). tions for the Departments of Transpor- ment, Configuration, and Performance Re- (b) REPORT.—Not later than 60 days after tation, Treasury, and Housing and quirements developed by the Specialty Vehi- the date of enactment of this section, the Urban Development, the Judiciary, cle Institute of America (American National Secretary shall report to Congress on spe- Standard ANSI/SVIA–1–2001); District of Columbia, and independent cific actions taken to estimate improper agencies for the fiscal year ending Sep- (ii) a revision of such Standard; or payments in the community development (iii) a mandatory rule promulgated by the block grant program to comply with section tember 30, 2006, and for other purposes; Consumer Product Safety Commission; or 2 of the Improper Payments Information Act which was ordered to lie on the table; (iv) such alternative standard that may be of 2002, including a schedule for full compli- as follows: accepted by the Commission; ance with such Act within fiscal year 2006. On page 290, between lines 14 and 15, insert (B) with respect to an ATV designed for (c) FAILURE TO REPORT.—If the Secretary the following: use by an operator and passengers, such ATV fails to report to Congress on specific actions SEC. lllll. Of the funds made available complies with any applicable provisions of taken to estimate improper payments as re- by this Act to the Internal Revenue Service, any future American National Standard de- quired under subsection (b), funds for the not less than $10,000,000 shall be available for veloped for such vehicles or such alternative community development block grant pro- grants to provide matching funds for the de- standard that may be accepted by the Com- gram shall be halted until such report is sub- velopment, expansion, or continuation of mission; mitted. not-for-profit and volunteer tax return prep- (2) with respect to an ATV, it is subject to aration clinics serving low-income taxpayers or covered by a letter of undertaking or an SA 2191. Mr. REED submitted an under a program similar to the low-income ATV action plan that is sent not more than amendment intended to be proposed by taxpayer clinics program under section 7526 30 days after the date of enactment of this of the Internal Revenue Code of 1986. Act— him to the bill H.R. 3058, making ap- (A) applies to such ATV; propriations for the Departments of f (B) includes actions to promote ATV safe- Transportation, Treasury, and Housing AUTHORITY FOR COMMITTEES TO ty; and and Urban Development, the Judiciary, MEET (C) has been approved by the Commission District of Columbia, and independent and is substantially implemented at the time agencies for the fiscal year ending Sep- COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS of the distribution in commerce of such tember 30, 2006, and for other purposes; ATV; and which was ordered to lie on the table; Mr. BOND. Mr. President, I ask unan- (3) such ATV bears a permanent label cer- as follows: imous consent that the Committee on tifying that it complies with the provisions Banking, Housing, and Urban Affairs of paragraphs (1) and (2). On page 348, between lines 5 and 6, insert the following: be authorized to meet during the ses- (b) DEFINITIONS.—In this section: sion of the Senate on October 20, 2005, (1) ATV.—The term ‘‘ATV’’ means any mo- SEC. 321. EMERGENCY ASSISTANCE FOR UNAN- torized, off-highway, all-terrain vehicle de- TICIPATED INCREASES IN UTILITY at 10 a.m. to conduct a hearing on ‘‘Im- signed to travel on 4 wheels, having a seat RATES. plementation of the Exon-Florio designed to be straddled by the operator and (a) PUBLIC HOUSING AGENCIES.— Amendment and the Committee on handlebars for steering control and does not (1) IN GENERAL.—To address unanticipated Foreign Investment in the United include a prototype of an motorized, off- increases in utility rates, there are appro- States.’’ highway, all-terrain vehicle or other off- priated $362,000,000, to public housing agen- The PRESIDING OFFICER. Without cies for the operation and management of highway, all-terrain vehicle that is intended objection, it is so ordered. exclusively for research and development public housing, as authorized under section purposes. 9(e) of the United States Housing Act of 1937 COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION (2) COMMISSION, DISTRIBUTION IN COMMERCE, (42 U.S.C. 1437g(e)). TO DISTRIBUTE IN COMMERCE, UNITED (2) DISTRIBUTION OF FUNDS.—Public housing Mr. BOND. Mr. President, I ask unan- STATES.—The terms ‘‘Commission’’, ‘‘dis- agencies shall be entitled to reimbursement imous consent that the Committee on tribution in commerce’’, ‘‘to distribute in for utility cost increases from funds made Commerce, Science, and Transpor- commerce’’, and ‘‘United States’’ have the available under paragraph (1), upon submis- tation be authorized to meet on Thurs- meaning given those terms in section 3(a) of sion of proof to the Secretary of such in- day, October 20, 2005, at 10 a.m., on Do- creases. the Consumer Product Safety Act (15 U.S.C. mestic Passenger and Freight Rail 2052(a)). (b) SECTION 8 RESIDENTS.— Safety. (c) VIOLATION OF CPSA.—Any violation of (1) IN GENERAL.—To address unanticipated subsection (a) shall be considered to be a pro- increases in utility rates, there are appro- The PRESIDING OFFICER. Without hibited act within the meaning of section 19 priated $498,000,000, to be available to resi- objection, it is so ordered. of the Consumer Product Safety Act (15 dents receiving tenant-based rental assist- COMMITTEE ON COMMERCE, SCIENCE, AND U.S.C. 2068) and shall be subject to the pen- ance under section 8 of the United States TRANSPORTATION alties and remedies available for prohibited Housing Act of 1937 (42 U.S.C. 1437f). Mr. BOND. Mr. President, I ask unan- (2) DISTRIBUTION OF FUNDS.—Public housing acts under the Consumer Product Safety imous consent that the Committee on Act. agencies administering tenant-based rental Commerce, Science, and Transpor- (d) EFFECTIVE DATE.—This section shall be- assistance under section 8 shall be entitled come effective 90 days after the date of the to additional funds made available under tation be authorized to meet on Thurs- enactment of this Act. paragraph (1) to provide for utility allowance day, October 20, 2005, at 2 p.m., on increases for section 8 participants upon sub- pending Committee business. Senate SA 2190. Mr. BOND (for Mr. COBURN) mission of proof to the Secretary of such Commerce Committee Chairman Ted proposed an amendment to the bill utility allowance cost increases. Stevens, R-Alaska, and Co-Chairman H.R. 3058, making appropriations for (3) PAYMENT STANDARD.—The payment Daniel Inouye, D-Hawaii, have resched- standard limitation under section 8(o)(1) of the Departments of Transportation, the United States Housing Act of 1937 (42 uled this week’s Full Committee mark- Treasury, and Housing and Urban De- U.S.C. 1437f(o)(1)) may be exceeded without up for Thursday, October 20, 2005 at 2 velopment, the Judiciary, District of prior approval by the Secretary in instances p.m., previously scheduled for Wednes- Columbia, and independent agencies where an increase in the utility allowance of day, October 19, 2005, at 2:30 p.m. The

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23415 mark-up is open to the public. A loca- John Richard Smoak to be U.S. Dis- by the VA: Is it Ready for the 21st Cen- tion for this mark-up will be an- trict Judge for the Northern District of tury?’’ nounced when available. Following is Florida; The hearing will take place in room the agenda, not necessarily in order of Brian Edward Sandoval to be U.S. 418 of the Russell Senate Office Build- consideration: S. ll , The DTV bill; S. District Judge for the District of Ne- ing at 10 a.m. 1753, The Warning, Alert, and Response vada. The PRESIDING OFFICER. Without Network Act; S. 967, The Truth in Harry Sandlin Mattice, Jr. to be U.S. objection, it is so ordered. Broadcasting Act of 2005; and S. 1063, District Judge for the Eastern District SELECT COMMITTEE ON INTELLIGENCE The IP—Enabled Voice Communica- of Tennessee; Mr. BOND. Mr. President, I ask unan- tions and Public Safety Act of 2005. Margaret Mary Sweeney to be a imous consent that the Select Com- The PRESIDING OFFICER. Without Judge of the United States Court of mittee on Intelligence be authorized to objection, it is so ordered. Federal Claims; meet during the session of the Senate COMMITTEE ON ENERGY AND NATURAL Thomas Craig Wheeler to be a Judge on October 20, 2005 at 2:30 p.m. to hold RESOURCES of the United States Court of Federal a closed briefing. Mr. BOND. Mr. President, I ask unan- Claims; The PRESIDING OFFICER. Without imous consent that the Committee on Wan Kim to be an Assistant Attorney objection, it is so ordered. Energy and Natural Resources be au- General, Civil Rights Division; thorized to meet during the session of SUBCOMMITTEE ON NEAR EASTERN AND SOUTH Steven G. Bradbury to be an Assist- ASIAN AFFAIRS the Senate on Thursday, October 20 at ant Attorney General for the Office of 2:30 p.m. The purpose of this hearing is Mr. BOND. Mr. President, I ask unan- Legal Counsel; imous consent that the Subcommittee to receive testimony on S. 1016, to di- Sue Ellen Wooldridge to be an Assist- rect the Secretary of Energy to make on Near Eastern and South Asian Af- ant Attorney General, Environment fairs be authorized to meeting during incentive payments to the owners or and Natural Resources Division; and operators of qualified desalination fa- the session of the Senate on Thursday, Thomas O. Barnett to be an Assistant October 20, 2005, at 2:30 p.m. to hold a cilities to partially offset the cost of Attorney General, Antitrust Division. electrical energy required to operate hearing on U.S. Foreign Policy, Petro- the facilities, and for other purposes; II. Bills leum, and the Middle East. The PRESIDING OFFICER. Without and S. 1860, to amend the Energy Pol- S. 1088, Streamlined Procedures Act objection, it is so ordered. icy Act of 2005 to improve energy pro- of 2005, Kyl, Cornyn, Grassley, Hatch; duction and reduce energy demand S. 1789, Personal Data Privacy and SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS through improved use of reclaimed Security Act of 2005, Specter, Leahy, waters, and for other purposes. Feinstein, Feingold; Mr. BOND. Mr. President, I ask unan- COMMITTEE ON FOREIGN RELATIONS S. 751, Notification of Risk to Per- imous consent that the Subcommittee Mr. BOND. Mr. President, I ask unan- sonal Data Act, Feinstein, Kyl; on the Constitution, Civil Rights and imous consent that the Committee on S. 1326, Notification of Risk to Per- Property Rights be authorized to meet Foreign Relations be authorized to sonal Data Act, Sessions; to conduct a hearing on ‘‘An Examina- meet during the session of the Senate S. 1086, A Bill to Improve the Na- tion of the Constitutional Amendment on Thursday, October 20, 2005, at 9:30 tional Program to Register and Mon- on Marriage’’ on Thursday, October 20, a.m. to hold a hearing on Nominations. itor Individuals Who Commit Crimes 2005 at 2 p.m. in SD226. The PRESIDING OFFICER. Without Against Children or Sex Offenses, Witness List: objection, it is so ordered. Hatch, Biden, Schumer; Panel I: Scott FitzGibbon, Professor COMMITTEE ON HEALTH, EDUCATION, LABOR, S. 956, Jetseta Gage Prevention and AND PENSIONS of Law, Boston College, Boston, MA; Deterrence of Crimes Against Children Mr. BOND. Mr. President, I ask unan- Christopher E. Harris, M.D., Assistant imous consent that the Committee on Act of 2005, Grassley, Kyl, Cornyn; Professor of Pediatrics, Vanderbilt Health, Education, Labor, and Pen- S. 1699, Stop Counterfeiting in Manu- University School of Medicine, Nash- sions be authorized to hold a hearing factured Goods Act, Specter, Leahy, ville, TN; Louis Michael Seidman, during the session of the Senate on Hatch, DeWine, Cornyn, Brownback, John Carroll Research Professor of Thursday, October 20, 2005 at 2 p.m. in Feingold; Law, Georgetown University Law Cen- SD–430. S. 1095, Protecting American Goods ter, Washington, DC; Richard Wilkins, The PRESIDING OFFICER. Without and Services Act of 2005, Cornyn, Professor of Law, Brigham Young Uni- objection, it is so ordered. Leahy; versity, Provo, UT; Christopher Wolfe, COMMITTEE ON HOMELAND SECURITY AND H.R. 683, Trademark Dilution Revi- Professor of Political Science, Mar- GOVERNMENTAL AFFAIRS sion Act of 2005, Smith—TX; quette University, Milwaukee, WI. Mr. BOND. Mr. President, I ask unan- S. 443, Antitrust Criminal Investiga- The PRESIDING OFFICER. Without imous consent that the Committee on tive Improvements Act of 2005, DeWine, objection, it is so ordered. Kohl, Leahy; Homeland Security and Governmental f Affairs be authorized to meet on Thurs- S. 1787, Relief to Victims of Hurri- day, October 20, 2005, at 9:30 a.m. for a cane Katrina and Other Natural Disas- APPOINTMENT OF CONFEREES— hearing titled, ‘‘Hurricane Katrina in ters Act of 2005, Vitter, Grassley, Cor- H.R. 3058 New Orleans: A Flooded City, a Chaotic nyn, DeWine; The PRESIDING OFFICER. The Response.’’ S. 1647, Hurricane Katrina Bank- Chair appoints Mr. BOND, Mr. SHELBY, The PRESIDING OFFICER. Without ruptcy Relief and Community Protec- Mr. SPECTER, Mr. BENNETT, Mrs. objection, it is so ordered. tion Act of 2005, Feingold, Leahy, Dur- HUTCHISON, Mr. DEWINE, Mr. BROWN- COMMITTEE ON THE JUDICIARY bin, Kennedy, Feinstein; and BACK, Mr. STEVENS, Mr. DOMENICI, Mr. Mr. BOND. Mr. President, I ask unan- S. , Budget Reconciliation [Chair- BURNS, Mr. ALLARD, Mr. COCHRAN, Mrs. imous consent that the Committee on man’s Mark]. MURRAY, Mr. BYRD, Ms. MIKULSKI, Mr. the Judiciary be authorized to meet to The PRESIDING OFFICER. Without REID of Nevada, Mr. KOHL, Mr. DURBIN, conduct a markup on Thursday, Octo- objection, it is so ordered. Mr. DORGAN, Mr. LEAHY, Mr. HARKIN, ber 20, 2005, at 9:30 a.m. in Senate Dirk- COMMITTEE ON VETERANS’ AFFAIRS Ms. LANDRIEU, and Mr. INOUYE con- sen Office Building Room 226. Mr. BOND. Mr. President, I ask unan- ferees on the part of the Senate. Agenda imous consent that the Committee on Mr. FRIST. For the purposes of the Veterans’ Affairs be authorized to meet Transportation, Treasury appropria- I. Nominations during the session of the Senate on tions, I ask consent that the following Susan Neilson to be U.S. Circuit Thursday, October 20, 2005, for a com- Members be considered as conferees for Judge for the Sixth Circuit; mittee hearing titled ‘‘IT Management Division A of the bill: Mr. BOND, Mr.

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SHELBY, Mr. SPECTER, Mr. BENNETT, persons most affected by the devasta- Mr. ALEXANDER. Mr. President, as Mrs. HUTCHISON, Mr. DEWINE, Mr. tion of Hurricane Katrina have been in- you know, Hurricane Katrina had a BROWNBACK, Mr. STEVENS, Mr. DOMEN- valuable to the development of this bi- devastating and unprecedented impact ICI, Mr. BURNS, Mr. COCHRAN, Mrs. partisan legislation. on students and schools not only in the MURRAY, Mr. BYRD, Ms. MIKULSKI, Mr. I also commend Senator ALEXANDER disaster areas, but across the country. REID, Mr. KOHL, Mr. DURBIN, Mr. DOR- and Senator DODD for their leadership There are over 45,000 displaced students GAN, Mr. LEAHY, Mr. HARKIN, and Mr. in working with us to draft this one- enrolled in Texas schools and over 3,900 INOUYE. time, temporary impact aid for dis- enrolled in schools in my home State I further ask consent that the fol- placed students attending public and of Tennessee. This is an unprecedented lowing members be considered as con- nonpublic schools. We all agree that all situation, and it requires an appro- ferees for Division B of the bill: Mr. displaced students deserve help in con- priate response for students in public BROWNBACK, Mr. DEWINE, Mr. ALLARD, tinuing their education, and we all and nonpublic schools. But that re- Mr. COCHRAN, Ms. LANDRIEU, Mr. DUR- agree on the extraordinary cir- sponse must be a temporary, one-time BIN, Mr. INOUYE. cumstances and unprecedented scope of only program to address the particular The PRESIDING OFFICER. Without this disaster. needs of this situation, and that is objection, it is so ordered. The aid provided by this bill flows what this bill accomplishes. It is not f through the public school system to intended to set a precedent for any- ensure greater accountability for the thing except another disaster in which MEASURES READ THE FIRST money. It enables these schools to over 370,000 school children are dis- TIME—S. 1904, H.R. 554 make payments to accounts set up for placed. Katrina did not discriminate Mr. FRIST. I understand there are displaced students in nonpublic among schoolchildren, and neither two bills at the desk and I ask for their schools, as well, which can then use should we. first reading, en bloc. those funds to provide services to the Mr. KENNEDY. Would the Senator The PRESIDING OFFICER. The displaced students enrolled in their yield for a question? clerk will read the bills by title. schools. Mr. ALEXANDER. Of course. The legislative clerk read as follows: Mr. ALEXANDER. Wi11 the Senator Mr. KENNEDY. Mr. President, I A bill (S. 1904) to provide elementary and yield? agree with the sentiments of my col- secondary education assistance to students Mr. KENNEDY. Certainly. leagues and want to point out that we in schools impacted by Hurricane Katrina. Mr. ALEXANDER. Mr. President, I have clearly stated in the bill our in- A bill (H.R. 554) to prevent legislative and would also like to thank my colleagues regulatory functions from being usurped by tentions with regard to the temporary civil liability actions brought or continued for working together to craft this tem- nature of this program. Would the Sen- against food manufacturers, marketers, dis- porary emergency program to provide ator from Tennessee please explain the tributors, advertisers, sellers, and trade as- one-time assistance to all displaced provisions we have included to ensure sociations for claims of injury relating to a school children in public and nonpublic that the program is not extended? person’s weight gain, obesity, or any health schools. I am also pleased that we were Mr. ALEXANDER. Certainly. The condition associated with weight gain or able to develop this legislation in a bill creates one-time only emergency obesity. way that provides financial assistance aid for the 2005–2006 school year. The Mr. FRIST. I now ask for a second for all displaced school children with- bill explicitly states that the funds reading in order to place the bills on out getting into ideological battles. provided can only be used for expenses the calendar, and under the provisions Mr. DODD. Will the Senator yield? incurred during the current school of rule XIV, I object to my own request Mr. ALEXANDER. Of course. year, and the entire bill sunsets on Au- en bloc. Mr. DODD. Mr. President, I cannot gust 1, 2006. The PRESIDING OFFICER. The bills underscore enough what my colleagues Mr. KENNEDY. I thank the Senator will be read a second time on the next have already stated—that this is a one- from Tennessee. Would the Senator legislative day. time, emergency aid program. All of yield for a follow-up question? RELIEF FOR DISPLACED STUDENTS the authors of the bill have agreed that Mr. ALEXANDER. Yes. Mr. ENZI. Mr. President, I join my next school year, in terms of assistance Mr. KENNEDY. Isn’t it true that in colleagues in the introduction of a bill to nonpublic schools, we will go back addition to these provisions in the bill, to continue our efforts to provide relief to the way things are done today. We we have all agreed to stand together for the school children whose lives are reaching out to all of the students against attempts to extend this pro- have been uprooted by Hurricane affected by Katrina here, no matter gram beyond this school year or be- Katrina and for the all of the schools what type of school they attend, be- yond this context? that were affected by the storm—those cause it makes sense under these ex- Mr. ALEXANDER. Yes, that is true. along the gulf coast and those who traordinary conditions, because it gets Mr. ENZI. Will the Senator yield? have generously taken in displaced stu- kids back on their feet as quickly as Mr. ALEXANDER. Yes. dents across the country. possible. In no way is this bill meant to Mr. ENZI. Mr. President, as my col- I would first like to thank my col- undermine or amend current law or set leagues and I have made clear, we have leagues, Senator ALEXANDER, Senator any type of precedent for future legis- come together in a spirit of bipartisan KENNEDY, and Senator DODD, who have lation. compromise to accomplish a common joined me today to explain our intent Mr. ENZI. Will the Senator yield? goal. This bill will provide the relief in crafting this legislation. Mr. DODD. Of course. necessary to support the instruction I am pleased that we were able to Mr. ENZI. Mr. President, I would just and services that students displaced by work together to develop and introduce like to echo the sentiments of the sen- this terrible storm need in order to this bipartisan compromise. The bill ior Senator from Connecticut. We have continue their education, regardless of provides relief for displaced students in all agreed and have explicitly stated in whether it was a public school or a a time of crisis, without opening polit- the bill, that the level and type of as- nonpublic school that opened its doors ical or ideological battles. sistance we are providing to both pub- to a given student. Mr. President, we Mr. KENNEDY. Will the distin- lic and nonpublic schools is being au- hope that our colleagues in the Senate guished Senator yield? thorized solely because of the unprece- will work quickly with us to pass this Mr. ENZI. Of course. dented nature of the crisis, the massive bill and put these to work providing an Mr. KENNEDY. Mr. President, I com- dislocation of students, and the short education to our children as soon as mend our Chairman, Senator ENZI, for duration of the assistance. possible. his leadership throughout this process. Mr. ALEXANDER. Will the Senator Mr. President, today I join my col- The hearings and meetings he convened yield? leagues Senators ALEXANDER, KENNEDY to enable us to hear directly from the Mr. ENZI. Certainly. and DODD in the introduction of the

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Hurricane must do so in a way that is non-ideo- includes strategies to meet the imme- Katrina alone displaced 372,000 chil- logical and responsible. diate needs of those students, families dren, and damaged or destroyed 700 Our bill is a bipartisan compromise and communities that have been af- schools. Our legislation will provide ur- to support children who enrolled in the fected by the heavy toll that Hurricane gently needed resources to help these private schools that opened their doors Katrina exacted from the gulf region, schools get back on track and help to students displaced by Katrina. and the States that have responded these displaced students to resume Through this temporary, one-time with help. their education, wherever they’ve tem- emergency impact aid, funds will go to My top concern was to make sure porarily landed. public school districts, which will that all the displaced students get back People across the country have make payments on behalf of dislocated into school so that they can continue opened their homes. Communities have children enrolled in private schools in their education. Returning to school opened their schools. We owe a great their area. gives children a sense of routine that is debt of gratitude to all the principals Under current law, Federal funding is important in assuring them that things and superintendents who stepped up to available in certain circumstances to will return to normal. School provides the plate so quickly. support the education of disadvantaged them with access to a support system But they need realistic help from and disabled students in private of friends and teachers, which is in- Congress as they struggle to accommo- schools. Our bill follows that model, valuable as they and their families con- date these students. We need to do all which will expedite relief to affected tinue to come to grips with the we can to assist already hard-pressed families and provide accountability for aftereffects of the storm. schools as they attempt to meet the public funds. With this bill we have attempted to massive new challenge of including The aid provided by the bill flows address the needs that have been iden- hundreds or thousands of new students through the public school system, not tified by the impacted communities di- in their local schools. to parents. States must establish in- rectly affected by the storm as well as This bill will provide the relief nec- come eligibility criteria for aid to stu- by those communities across the coun- essary to support the instruction, dents enrolled in private schools. after-school programs, and other try that received the displaced stu- Under the bill, the public school makes school services the students need, when dents. The bill provides support for all payments to an account set up for dis- everything in their lives has been displaced students, ensures account- placed students in a private school. turned upside-down. It provides needed ability, and is fiscally responsible. The private schools can then access funding to help schools on the gulf In addition to the support for dis- those funds to provide services on be- coast to reopen soon, so that these placed students in both public and non- half of the displaced students enrolled children can return to their own public schools, the bill includes provi- in their schools. schools as quickly as possible. sions for supplemental services, restart The bill provides $900 million for spe- Our bill contains strong civil rights services for schools in the most heavily cial school reopening grants for af- protections. Schools that participate in impacted states, teacher and para- fected districts. These grants will sup- the program are not allowed to dis- professional reciprocity, and assistance plement FEMA funding to assure effec- criminate in enrollment on the basis of for homeless youth and displaced ado- tive use of Federal funds. They can be race, color, national origin, disability, lescent students. This bill is a bipar- used to re-purchase textbooks and in- or sex. The bill explicitly states that tisan product that reflects what we structional materials, establish tem- existing civil rights laws apply to re- heard from over 100 representatives of porary facilities while repairs are being cipients of these funds, and it prohibit the education community and what we made, help reestablish the data that Federal funds from being used for reli- saw firsthand in the areas devastated was destroyed, and pay the salaries of gious purposes. by the storm. teachers and other personnel who are The bill explicitly states that this This is a daunting task as we have working to reopen these schools. type and level of aid to public and pri- limited resources, but are faced with The bill also provides $2.4 billion to vate schools is being provided only be- an almost unlimited need. We must help ease the temporary transition of cause of the unprecedented cir- focus our efforts on ensuring that the students into new school districts and cumstances and massive dislocation of educational needs of the children af- relieve the financial burden on these students caused by the hurricanes. As fected by this unprecedented emer- schools through one-time emergency sponsors of the bill, we agree that this gency are addressed. I believe that this impact aid for receiving districts. Dis- will be a temporary program, and that legislation achieves that goal. tricts will report the number of af- it is not intended to be a precedent for Mr. KENNEDY. Mr. President, we fected public and private school stu- anything except another disaster in need to address the urgent school needs dents they have enrolled, including which over 370,000 school children are of the hundreds of thousands of chil- students with special needs, and re- displaced. dren affected by the deadly storm that ceive supplemental aid in quarterly The bill sunsets at the end of the hit the gulf coast, and the bill that payments, for a maximum of $6,000 a school year, and funds provided can be Senator ALEXANDER, Senator DODD, pupil, or $7,500 a pupil for those with used only for expenses incurred during Chairman ENZI and I have introduced disabilities. the 2005–2006 school year. will begin to do so. These funds will be used to help the The bill also includes $100 million for As we continue to see images of Hur- districts cover the additional costs after-school programs and supple- ricane Katrina and Hurricane Rita and they have incurred as a result of en- mental services for displaced children, the troubled process of rebuilding rolling displaced students, and can be and $50 million to help children who along the gulf coast, we are reminded used for purposes such as supporting are newly homeless as a result of the that we are all part of the American basic instruction, purchasing edu- hurricane. family, and we have a responsibility to cational materials and supplies, and In addition, the bill creates a new help members of that family when they helping schools temporarily expand fa- one-year authority for a program for are in need. cilities to avoid overcrowding. high school juniors and seniors. Grants Part of that responsibility is to do all Given the extraordinary circum- will go to state and local education we can to see that children and youth stances and unprecedented scope of agencies alone, or in partnership with

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But we may need to do isiana and Mississippi, the two States local education prerogatives, to meet more to help the communities along most heavily damaged by Katrina. In Federal constitutional requirements, the gulf coast rebuild. We must ensure addition, Texas has enrolled as many to make the provisions simple enough that schools and communities have as 60,000 students. Houston Independent that this aid could be administered adequate resources to meet their con- School District, which has enrolled quickly, and to avoid spending more struction needs, and we must ensure roughly 4,700 displaced students, has taxpayer dollars than absolutely nec- that communities are able to bring hired 180 new teachers, added 37 new essary. their quality teachers and workforce bus routes and ordered about 10,000 new This is how our proposal would work. back home. As the process of rebuild- textbooks to accommodate the stu- To begin with, a State would submit to ing moves forward, we will continue to dents. Georgia has accepted more than the U.S. Department of Education an look for ways the Federal Government 9,000 students, Alabama almost 5,400 application identifying the number of can help make these communities bet- students, and my home State of Ten- Katrina displaced students attending ter than ever. nessee has enrolled almost 4,000 stu- public schools, Bureau of Indian Af- Our bill is a bipartisan, compromise dents. fairs—BIA—schools, and nonpublic that will give relief to schools and chil- While most of these children are in schools in that State. The application dren as soon as possible. I urge Con- public schools, private schools have will also describe the process for estab- gress and the administration to enact also been essential to this humani- lishing and providing payments to stu- this legislation as soon as possible, so tarian effort. This should not surprise dent accounts for displaced students at that these funds can do their job. The us because in the four Louisiana par- nonpublic schools. After receiving Fed- children and schools affected by the ishes hit the hardest by Katrina nearly eral dollars, States would in turn make hurricanes cannot wait any longer. one third or 61,000 of the 187,000 stu- payments to school districts based Mr. ALEXANDER. Mr. President, dents attended nonpublic schools. Ac- upon the number of displaced students Hurricane Katrina displaced more than cording to the Department of Edu- temporarily enrolled in public schools 1 million people, at least 20 times more cation, immediately after the hurri- or nonpublic schools in that district. than in any other disaster handled by cane, 50,000 students from the Catholic These payments would be up to $6,000 the Federal Emergency Management Archdiocese of Greater New Orleans annually for each displaced student, Agency, and 372,000 of those displaced were displaced. In Texas 4,000 of the except that for students receiving by Katrina are school-aged children, in 60,000 displaced students enrolled in IDEA services the total payment would kindergarten through the 12th grade. private schools. In Tennessee, about be as much as $7,500. According to the U.S. Department of 3,500 were in public schools and 500 in In the case of students enrolled in Education, schools in 49 States and the nonpublic schools. nonpublic schools, school districts District of Columbia have opened their In Baton Rouge according to a report would make payments to student ac- doors to help these children. on National Public Radio, immediately counts on behalf of each such displaced The legislation that Senators ENZI, after the hurricane there were sud- student. The amount of the payment to KENNEDY, DODD and I introduce today denly 5,000 to 10,000 displaced private each of these student accounts would will help all of Katrina’s 372,000 dis- school students who had no school to be the same as that for each student placed school children. Katrina did not attend. To accommodate them, the enrolled at a public school unless the discriminate among school children, Catholic Diocese in Baton Rouge strug- tuition, fees, or transportation ex- and neither do we. We propose pro- gled to establish satellite schools— penses for the nonpublic student are viding up to $6,000 per student during some located great distances away— less than $6,000, or $7,500 in the case of this school year to help States, school which these students attended at a student receiving IDEA services. districts and schools defray the costs of night. This has not been an easy piece of receiving any child displaced by In Memphis, where so many displaced legislation to write because the four of Katrina. In the case of children with students have gone, the willingness of us do not agree on whether or how Fed- disabilities, the maximum amount will private schools to accept these stu- eral dollars should follow children to be $7,500 per student. This legislation dents is an enormous help to over- private schools, including religious will help children attending both pub- crowded public schools. The Memphis schools. But we do agree that there lic and nonpublic schools. Our bill is City schools have enrolled over 650 stu- must be a one-time, temporary solu- temporary, one time impact aid, makes dents and the adjacent Shelby County tion to help all of Katrina’s displaced no permanent change Federal edu- Public School District has enrolled children. Therefore, we have found a cation laws and will not be extended over 600 new children, a difficult bur- way to create this one-time temporary after this school year. It minimizes den in a school system already growing impact aid that makes no permanent costs by making payments quarterly, by 1,000 students and one new school change in Federal education law and, taking into account the fact that dur- building each year. The Memphis insofar as we are concerned establishes ing the year many children are return- Catholic Diocese has enrolled over 250 no precedent—except perhaps for some ing to their home communities. students to help share the load. other hurricane that displaces 372,000 It also requires the Secretary of Edu- During the last 6 weeks, some of children. cation to verify head counts of stu- these children are returning home as In other words, we have set aside dis- dents eligible for aid, and the States schools reopen. But severe problems of puting our ideological differences for must return to the U.S. Treasury any displacement remain. For example, another day and hope that our col- unused funds. States, as part of their school officials in Baton Rouge and leagues will do the same. We have done application process, will be able to Livingston, LA, expect to receive a new this in the spirit suggested by a Wash- look at the income of families attend- influx of children moving to shelters in ington Post editorial last month which ing nonpublic schools when deter- Houston and other locations. The appeared shortly after the hurricane: mining what aid should be available, schools in the three hardest hit par- Just as it’s important not to sneak in an although it is my strong hope that in ishes—Orleans, St. Bernard and enormous new federal program for ideolog- doing this, the States will remember Plaquemines—enrolled 81,196 public ical reasons, it’s also important that neither that almost any displaced family is and 27,886 private and religious school Democrats, teachers unions nor anyone else

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 CONGRESSIONAL RECORD—SENATE 23419 rule out for ideological reasons what could is necessary because of the extraor- S. Res. 260 and that the Senate proceed be a useful tool for distributing relief funds. dinary circumstances that we have to its immediate consideration. There could be pragmatic reasons to put dis- been presented with, and impact aid as The PRESIDING OFFICER. Without placed students in private or parochial it is assistance for those schools that objection, it is so ordered. The clerk schools: if, say, school districts are over- will report the resolution by title. crowded, if students have special needs or if have been impacted as thousands of that happens to be where they ended up. So children and their families have left The legislative clerk read as follows: it might make sense to attach a sum to each the devastated areas. A resolution (S. Res. 260) calling for free student—whether it’s called a voucher or I cannot underscore this enongh—the and fair parliamentary elections in the Re- something else—as long as that sum is given provisions in this bill are a departure public of Azerbaijan. out in a limited number of places and for a from Federal law but they are a tem- There being no objection, the Senate limited time, certainly not longer than the porary departure in light of extraor- proceeded to consider the resolution. current school year. Mr. FRIST. Mr. President, I further . . . any solution that would allow stu- dinary events. Next school year, in terms of assistance to nonpublic ask unanimous consent that the reso- dents to finish the year with a minimum of lution be agreed to, the preamble be fuss and disruption to themselves and their schools, we will go back to the ways families, and that would prevent school dis- things are. We are reaching out to all agreed to, and the motion to reconsider tricts in Texas and elsewhere from unduly students here, today, because it makes be laid upon the table, with no inter- burdened, should be welcomed. sense, because it gets kids back on vening action or debate, and that any If each of us maintains our tradi- their feet as quickly as possible. We are statements relating to this measure be tional positions, there would be no way not changing the generic laws. As we printed in the RECORD. to help all of Katrina’s displaced chil- explicitly state in the bill, the level of The PRESIDING OFFICER. Without dren. There was nothing traditional assistance we are providing to non- objection, it is so ordered. about what happened in Hurricane public schools is being authorized sole- The resolution (S. Res. 260) was Katrina. We urgently need to help all ly because of the unprecedented nature agreed to. The preamble was agreed to. children on a one-time, emergency of the crisis, the massive dislocation of The resolution, with its preamble, basis. students, and the short duration of the reads as follows: Mr. DODD. Mr. President, I support assistance. S. RES. 260 the Hurricane Katrina Elementary and f Secondary Education Recovery Act in- Whereas the Republic of Azerbaijan is scheduled to hold elections for its par- troduced by myself, Senator ENZI, Sen- FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES liament, the Milli Majlis, in November 2005; ator KENNEDY and Senator ALEXANDER. Whereas Azerbaijan has enjoyed a strong This bill will provide much needed re- Mr. FRIST. I ask unanimous consent relationship with the United States since its lief to the children, families and that the Senate proceed to the imme- independence from the former Soviet Union schools devastated by Hurricane diate consideration of S. 1905, intro- in 1991; Katrina. duced earlier today. Whereas international observers moni- Hundreds of thousand of children The PRESIDING OFFICER. The toring Azerbaijan’s October 2003 presidential have been displaced by this disaster. clerk will report the bill by title. election found that the pre-election, election Schools across the country are taking The legislative clerk read as follows: day, and post-election environments fell short of international standards; students in offering them some sense of A bill (S. 1905) to clarify Foreign Service Whereas the International Election Obser- normalcy in an otherwise abnormal sit- Grievance Board procedures. vation Mission (IEOM) in Baku, Azerbaijan, uation. We have heard stories of There being no objection, the Senate deployed by the Organization for Security schools all over the country that have proceeded to consider the bill. and Cooperation in Europe (OSCE) and the opened their doors to new students, in- Mr. FRIST. Mr. President, I ask Council of Europe, found that there were nu- cluding schools in Connecticut. These unanimous consent the bill be read the merous instances of violence by both mem- bers of the opposition and government collective examples point to our edu- third time and passed, the motion to cation system as an integral part of forces; reconsider be laid upon the table, and Whereas the international election observ- our communities. Better than any any statements relating to the bill be ers also found inequality and irregularities other entity, schools know that chil- printed in the RECORD. in campaign and election conditions, includ- dren need a safe place to develop and The PRESIDING OFFICER. Without ing intimidation against opposition sup- learn in the wake of disaster. objection, it is so ordered. porters, restrictions on political rallies by Among the provisions today, is one The bill (S. 1905) was read the third opposition candidates, and voting fraud; that will provide financial assistance time and passed, as follows: Whereas Azerbaijan freely accepted a se- for displaced students regardless of ries of commitments on democracy, human S. 1905 where they go to school. Public and rights, and the rule of law when that country nonpublic schools will receive assist- Be it enacted by the Senate and House of Rep- joined the OSCE as a participating State in resentatives of the United States of America in 1992; ance that can be used to pay for addi- Congress assembled, Whereas, following the 2003 presidential tional personnel, curricular materials, SECTION. 1. CLARIFICATION OF FOREIGN SERV- election, the Council of Europe adopted Res- portable classrooms and even health ICE GRIEVANCE BOARD PROCE- olution 1358 (2004) demanding that the Gov- and mental health services as long as DURES. ernment of Azerbaijan immediately imple- the services provided are secular and Section 1106(8) of the Foreign Service Act ment a series of steps that included the re- neutral in nature and are not used for of 1980 (22 U.S.C. 4136(8)) is amended in the lease of political prisoners, investigation of religious instruction, indoctrination or first sentence— election fraud, and the creation of public worship. (1) by inserting ‘‘the involuntary separa- service television to allow all political par- tion of the grievant (other than an involun- ties to better communicate with the people This is not a voucher bill. Through a tary separation for cause under section of Azerbaijan; number of mechanisms, this bill main- 610(a)),’’ after ‘‘considering’’; and Whereas, since the 2003 presidential elec- tains public control of public dollars. (2) by striking ‘‘the grievant or’’ and in- tion, the Government of Azerbaijan has This bill prohibits Federal dollars from serting ‘‘the grievant, or’’. taken some positive steps by releasing some going to religious instruction. And, f political prisoners and working to create this bill preserves civil rights protec- public service television; tions. CALLING FOR FREE AND FAIR Whereas the United States supports the Most important, this bill is tem- PARLIAMENTARY ELECTIONS IN promotion of democracy and transparent, porary in nature. The bill provides THE REPUBLIC OF AZERBAIJAN free, and fair elections consistent with the commitments of Azerbaijan as a partici- temporary emergency impact aid for Mr. FRIST. Mr. President, I ask pating State of the OSCE; displaced students. It is temporary in unanimous consent that the Com- Whereas the United States is working with that it sunsets at the end of the cur- mittee on Foreign Relations be dis- the Government of Azerbaijan, the political rent school year, emergency in that it charged from further consideration of opposition, civil society, the OSCE, the

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I fur- strengthen the electoral process of Azer- 2005 parliamentary elections be viewed by ther ask consent that the committee- baijan through diplomatic efforts and non- the people of Azerbaijan as free and fair, and reported amendment be agreed to as partisan assistance programs, including sup- that all sides refrain from violence during original text for the purpose of further port for international and domestic election the campaign, on election day, and following observers, voter education and election in- the election; amendment, that no points of order be formation initiatives, training for can- (5) calls upon the Government of Azer- waived by virtue of this agreement, didates and political parties, and training for baijan to guarantee election monitors from and that during tomorrow’s session the judges and lawyers on the adjudication of the Office for Democratic Institutions and bill be considered for debate only. election disputes; Human Rights of the Organization for Secu- The PRESIDING OFFICER. Without Whereas the Government of the United rity and Cooperation in Europe (OSCE), objection, it is so ordered. States has awarded a contract to conduct Azeri political parties, representatives of exit polling throughout Azerbaijan; candidates, nongovernmental organizations, f Whereas a genuinely free and fair election and other private institutions and organiza- requires that citizens be guaranteed the tions, both foreign and domestic, unimpeded PROGRAM right and opportunity to exercise their civil access to all aspects of the election process; Mr. FRIST. Mr. President, tomorrow and political rights, free from intimidation, (6) supports recommendations made by the the Senate will begin consideration of undue influence, threats of political retribu- Council of Europe on amendments to the our final—our final—appropriations Unified Election Code of Azerbaijan, specifi- tion, or other forms of coercion by national bill for this fiscal year. We will not or local authorities or others; cally to ensure equitable representation of Whereas a genuinely free and fair election opposition and pro-government forces in all have any rollcall votes during tomor- requires government and public authorities election commissions; row’s session, and the next vote will to ensure that candidates and political par- (7) urges the international community and occur Monday evening at approxi- ties enjoy equal treatment before the law domestic nongovernmental organizations to mately 5:30. I do want to congratulate and that government resources are not em- provide a sufficient number of election ob- Senators BOND and MURRAY for getting ployed to the advantage of individual can- servers to ensure credible monitoring and re- the Transportation-Treasury appro- didates or political parties; and porting of the November 2005 parliamentary priations bill completed today. And I elections; Whereas the establishment of a trans- thank all of my colleagues for allowing parent, free and fair election process for the (8) recognizes the need for the establish- 2005 parliamentary elections is an important ment of an independent media and assur- the Senate to make orderly, steady step in Azerbaijan’s progress toward full in- ances by the Government of Azerbaijan that progress during today’s session. tegration into the democratic community of freedom of the press will be guaranteed; and I encourage all Senators to notify the nations: Now, therefore, be it (9) calls upon the Government of Azer- bill managers if they do have amend- baijan to guarantee freedom of speech and Resolved, That the Senate— ments to the Labor-HHS appropria- freedom of assembly. (1) calls on the Government of the Republic tions bill as quickly as possible so that of Azerbaijan to hold orderly, peaceful, and f we can finish that bill in a timely man- free and fair parliamentary elections in No- ORDERS FOR FRIDAY, OCTOBER 21, ner next week. vember 2005 in order to ensure the long-term 2005 growth and stability of the country; f Mr. FRIST. Mr. President, I ask (2) calls upon the Government of Azer- ADJOURNMENT UNTIL 9:30 A.M. baijan to guarantee the full participation of unanimous consent that when the Sen- opposition parties in the upcoming elections, ate completes its business today, it ad- TOMORROW including members of opposition parties ar- journ until 9:30 a.m. on Friday, October Mr. FRIST. Mr. President, if there is rested in the months leading up to the No- 21. I further ask consent that following no further business to come before the vember 2005 parliamentary elections; the prayer and pledge, the morning Senate, I ask unanimous consent that (3) calls upon the opposition parties to the Senate stand in adjournment under fully and peacefully participate in the No- hour be deemed expired, the Journal of vember 2005 parliamentary elections, and proceedings be approved to date, the the previous order. calls upon the Government of Azerbaijan to time for the two leaders be reserved, There being no objection, the Senate, create the conditions for the participation and the Senate proceed to the imme- at 9:01 p.m., adjourned until Friday, on equal grounds of all viable candidates; diate consideration of H.R. 3010, the October 21, 2005, at 9:30 a.m.

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A TRIBUTE TO EUGENE R. York, Inc., Orange and Rockland Utilities, Inc., community and I wish him every success in MCGRATH Con Edison Solutions, Con Edison Energy, the future. Con Edison Development, and Con Edison f Communications. HON. EDOLPHUS TOWNS RECOGNIZING BRANDON K. SNEED OF NEW YORK Mr. Speaker, I believe that it is incumbent IN THE HOUSE OF REPRESENTATIVES on this body to recognize the accomplish- ments and selfless service of Eugene R. Thursday, October 20, 2005 HON. MIKE ROGERS McGrath, as he is more than worthy of our OF ALABAMA Mr. TOWNS. Mr. Speaker, I rise today in recognition today. IN THE HOUSE OF REPRESENTATIVES recognition of Eugene R. McGrath, a distin- f guished member of the business community. Thursday, October 20, 2005 Mr. Speaker, Eugene R. McGrath is Chair- RECOGNIZING THE SERVICE OF Mr. ROGERS of Alabama. Mr. Speaker, man of the Board and Chief Executive Officer WESTMINSTER CITY COUNCIL- Sergeant First Class Brandon K. Sneed, 33, of Consolidated Edison, Inc., the holding com- MAN DAVE DAVIA originally of Norman, Oklahoma, died on Octo- pany; and Chairman and Chief Executive Offi- ber 10, 2005, in Iraq. Sergeant First Class cer of its largest subsidiary, Con Edison of HON. MARK UDALL Sneed was assigned to B Company, 1st Bat- New York, the regulated utility. It behooves us OF COLORADO talion, 30th Infantry Regiment, 3rd Infantry Di- to pay tribute to this outstanding leader and I IN THE HOUSE OF REPRESENTATIVES vision, at Fort Benning, Georgia. According to hope my colleagues will join me in recognizing initial reports, Sergeant First Class Sneed died Thursday, October 20, 2005 his impressive accomplishments. when an improvised explosive device deto- Mr. McGrath joined Con Edison of New Mr. UDALL of Colorado. Mr. Speaker, I rise nated near his military vehicle. His survivors York as an engineer following college gradua- today to acknowledge the service of out-going include his wife, children, and parents. tion in 1963. He eventually held key executive Westminster City Councilman Dave Davia. Brandon Sneed was a devoted husband positions in the utility’s major operating and Although Dave has been on the Council and father and was eager to serve his country, customer service areas and managed fossil- only since 2004, his involvement in the West- Mr. Speaker. Like every other soldier, he duti- fired and nuclear generating plants. He was minster community began long before then. fully left behind his family and loved ones to elected Vice President in 1978, Executive Vice He has served on the Westminster Human serve our country overseas. President in 1982, and President and Chief Services Board since December 2002 and be- Words cannot express the sense of sadness Operating Officer in 1989. He became Chair- came the chair in 2004. Dave also takes part we have for his family, and the gratitude our man and Chief Executive Officer in September in the Westminster Rotary, Adams County country feels for his service. Sergeant First 1990. Inter-faith Hospitality Network, Adams County Class Sneed died serving not just the United Mr. McGrath serves on the board of direc- District 50 Community Education Foundation, States, but the entire cause of liberty, on a tors of many organizations that advance eco- and the CedarBridge Homeowners Associa- noble mission to help spread the cause of nomic development, human services, culture tion, freedom in Iraq and liberate an oppressed and education. He is chairman of the Union Currently, Dave is employed as a business people from tyrannical rule. He was a true Square Partnership; director of AEGIS Insur- systems consultant at Wells Fargo. In addition American. ance Services, Atlantic Mutual Insurance to this he has also served on the Wells Fargo We will forever hold him closely in our Company, Barnard College, the Business Education Committee and the Wells Fargo hearts, and remember his sacrifice and that of Council of New York State, the Fresh Air Bank Cup Committee. his family as a remembrance of his bravery Fund, the Hudson River Foundation for As a Westminster City Councilman, Dave’s and willingness to serve. Thank you, Mr. Science and Environmental Research, Inc., focus has been on diversifying the city’s tax Speaker, for the House’s remembrance on this Manhattan College, the Partnership for New base, redeveloping blighted areas, monitoring mournful day. York City, Schering-Plough Corporation, and water supply and responding to growth f the Wildlife Conservation Society. He is a through participation in transportation projects member of the Council on Foreign Relations, for the city. He has been vigilant in his quest IN REMEMBRANCE OF JOHN the Economic Club of New York, the Develop- for these projects and has gained a well-de- TUCKER ment Advisory Council for the Lower Manhat- served reputation for expertise and thoughtful- tan Development Corporation, the National ness. HON. GENE GREEN Academy of Engineering, and the Mayor’s Mr. Speaker, in addition to recognizing the OF TEXAS Fund to Advance New York City. ethic of public service among other West- IN THE HOUSE OF REPRESENTATIVES Within the energy industry, Mr. McGrath is a minster City Council members, I ask my col- Thursday, October 20, 2005 director of the Edison Electric Institute and a leagues to join with me in acknowledging Mr. member of the Energy committee of the New Dave Davia. Mr. GENE GREEN of Texas. Mr. Speaker, York Building Congress. We often debate and pass legislation at the I rise today to extend my deepest sympathies A native New Yorker, Mr. McGrath earned a Federal level that has far-reaching, significant, to the family, friends, and colleagues of John mechanical engineering degree from Manhat- and sometimes unintended consequences, for Tucker, a constituent and citizen of Baytown, tan College in 1963, a Masters in Business local governments. That is one reason I be- Texas, who passed away September 25, Administration from Iowa College in 1980 and lieve it is so important to recognize and honor 2005, at the age of 83. completed the Advanced Management Pro- the men and women who work hard by hold- Born in Victoria County, Mr. Tucker served gram at Harvard University in 1989. ing office at the county and municipal level. in the Army Air Corps as a gunnery instructor Consolidated Edison, Inc., one of the na- Many of these individuals are among the best during World War II. He also served in Japan tion’s largest investor-owned energy compa- and brightest public policy advocates in our during the Korean War. After the war, he went nies, with approximately $10 billion in annual country, but they are not always recognized to work for ExxonMobil, where he stayed for revenues and $24 billion in assets, provides a for the long hours, minimal pay, and difficult 33 years, retiring in 1980. wide range of energy-related products and work they undertake. But it is not only his distinguished careers in services to its customers. Its subsidiaries in- Dave Davia is one of these people. He has the Armed Forces and at ExxonMobil that I clude Consolidated Edison Company of New worked hard on behalf of the people in his wish to honor today. John Tucker’s service to

● 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 Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23422 EXTENSIONS OF REMARKS October 20, 2005 the community of Baytown as one of its great- A TRIBUTE TO BERNARD B. BEAL Mr. Speaker, Bernard B. Beal’s selfless est philanthropists is also worthy of our rec- service has continuously demonstrated a level ognition. Mr. Tucker established and chaired HON. EDOLPHUS TOWNS of altruistic dedication that makes him most the ‘‘Friends of Lee College’’ organization with OF NEW YORK worthy of our recognition today. 14 of his friends in 1986. In 2000, he raised IN THE HOUSE OF REPRESENTATIVES f over a million dollars for the college for an ad- Thursday, October 20, 2005 mirable purpose: to establish a childcare cen- HONORING SAMANTHA ‘‘SAM’’ ter at the college so that single mothers could Mr. TOWNS. Mr. Speaker, I rise today in DIXION attend classes and finish their educations. recognition of Bernard B. Beal, a distinguished These are just two examples of the many acts member of the business community. It be- HON. MARK UDALL of generosity and kindness he performed for hooves us to pay tribute to this outstanding OF COLORADO the citizens of Baytown. He also served as leader and hope my colleagues will join me in IN THE HOUSE OF REPRESENTATIVES recognizing his impressive accomplishments. board chair for the Baytown Museum and Thursday, October 20, 2005 served on the boards of the American Diabe- Mr. Speaker, Bernard B. Beal is Chief Exec- tes Association, the Lee College Foundation, utive Officer of M.R. Beal & Company, a na- Mr. UDALL of Colorado. Mr. Speaker, I rise the Hospice Advisory, and the Texas Exes of tionally recognized investment banking firm. today to express my thanks and appreciation Baytown, receiving several awards from these Mr. Beal founded the minority-owned firm in to Ms. Samantha ‘‘Sam’’ Dixion for her exem- organizations in recognition of his service. 1988 following a successful career in munic- plary public service as Westminster City Coun- Honored as the 1999 Baytown Sun Citizen ipal and corporate finance at Shearson Leh- cilwoman for the past sixteen years. Her tire- of the Year and the 2001 ExxonMobil Refiner man Hutton. The oldest continuously operating less efforts have made a positive difference in of the Year, Mr. Tucker was best known for African-American investment bank in the the lives of many people in Westminster and his uncanny fundraising abilities, his excep- United States, the firm offers investment bank- the surrounding communities. Although she is tionally happy demeanor, and his dedication to ing, financial advisory and broker-dealer serv- stepping down from the Westminster City his family, especially his wife Jane. ices to municipalities, state governments and Council, I know that she will continue to stay He will be greatly missed by the citizens of numerous corporations in the telecommuni- involved in important community matters. Baytown and all those who knew him, and I cations, media, technology, energy and finan- Ms. Dixion began serving on the West- ask that you remember the Tucker family in cial services industries. minster City Council in 1989 and has served your thoughts and prayers. M.R. Beal & Company is headquartered in as mayor pro tem twice, from 1995 to 1997 f New York City, with offices in Sacramento, and again from 2000 to 2002. In addition to Chicago, Dallas, Baltimore, New Orleans and serving on the City Council, she has been in- RECOGNIZING WORLD WAR II AND Washington, DC. Through the end of 2004, volved in a variety of community boards and KOREAN WAR VETERAN ARTHUR the firm has co-managed municipal financings councils. Among these include the Economic NIELSON exceeding $450 billion, senior-managed over Development and Private Industry Councils of $7 billion and has served as an underwriter in both Adams and Jefferson Counties, Arvada HON. GINNY BROWN-WAITE over 3,200 municipal transactions. For the High School’s Cooperative Occupational Edu- OF FLORIDA past decade, M.R. Beal & Company has been cation Program, Westminster Community Artist IN THE HOUSE OF REPRESENTATIVES ranked as one of the top twenty underwriters Series, Colorado Municipal League’s Policy Thursday, October 20, 2005 of municipal securities nationwide. In addition, Committee, and the Westminster Human Serv- Ms. GINNY BROWN-WAITE of Florida. Mr. the firm has consistently been a member of ices Board. She is also a founding member of Speaker, I rise today to recognize Arthur Neil- the Black Enterprise 100 List and was named Front Range Foundation for Educational Ex- son, a proud veteran who served during both BE’s Finance Company of the Year in June of cellence and Westminster DARE Foundation. World War II and the Korean War. 2001. She served as a council liaison to the city Within two days of the Japanese bombing of Mr. Beal serves on several boards. He is Human Services Board and the City’s rep- Pearl Harbor, Mr. Neilson volunteered to serve the Chairman of the A Better Chance Founda- resentative to the Adams County Economic and defend America. During his eight years in tion whose mission is to increase the number Development Board, which she chaired in the Marines, Mr. Neilson served in the Solo- of well-educated minority youth capable of as- 1997. mons, Bismarck Island and the Philippines. suming positions of responsibility and leader- Ms. Dixion’s passion for her community ex- Following his retirement from the Marines in ship in American society. Mr. Beal serves on tends to important issues affecting the entire 1949, Mr. Neilson once again answered the the Municipal Executive Committee of the region, especially the cleanup and closure— call to duty and volunteered to join the Army Bond Market Association and is a Trustee of and future use—of the former U.S. Depart- in 1950. Deployed to Korea, Mr. Neilson was the National Foundation for Affordable Hous- ment of Energy’s (DOE) Rocky Flats nuclear wounded by North Korean soldiers during a ing. weapons production facility west of West- gun battle. Hiding in a foxhole and covered Mr. Beal has received numerous profes- minster. She has been an early and active only by a tarp, Mr. Neilson hid from the ap- sional and civic awards. He has the distinction voice on addressing the environmental issues proaching North Korean troops and the mas- of being one of only three people listed on at this site, and has been working with her col- sive snowfall that enveloped his hiding spot. both the Black Enterprise list of the 25 Hottest leagues in the surrounding communities to Suffering from the gunshot wound and frost- Blacks on Wall Street in 1992 and the Top 50 make sure the cleanup and closure of this site bite, Mr. Neilson was eventually saved by Blacks on Wall Street in 2003. is thorough, safe and effective. The expertise passing American troops. For his sacrifices A graduate of Carleton College, Northfield, she developed on this issue resulted in her over his twenty-five year military career, some Minnesota with a Bachelor of Arts degree in being selected as the City’s primary liaison on of Mr. Neilson’s awards include the Purple Economics, Mr. Beal also received a Masters Rocky Flats issues. In that capacity, she has Heart, three Bronze Stars and the Combat In- of Business Administration with a concentra- been a member of the Rocky Flats Coalition of fantryman Badge. tion in Finance from the Stanford University Local Governments (Coalition) since its cre- I know that Mr. Neilson’s wife of more than School of Business. He was recently awarded ation and also served on many predecessor 50 years, Joyce, and their four children are an Honorary Doctorate of Humane Letters community oversight groups and committees. extremely proud of the career and accomplish- from the Sacred Heart University. Her work at Rocky Flats lead to her selec- ments of Mr. Neilson. They have traveled Mr. Beal is married to Valerie Lancaster tion as Chair of the Energy Communities Alli- throughout the world with him and have been Beal and is the proud father of two children, ance (Alliance) in 1999 after having served as at his side when he has been recognized with Michael, a senior at Harvard University and vice-Chair from 1998 to 1999. The Alliance is many awards for a job well done. Erica, a senior at Horace Mann High School. composed of local governmental officials and Mr. Speaker, true American heroes like Ar- Mr. Speaker, I believe that it is incumbent others from across the country to advise DOE thur Neilson should be honored for their serv- on this body to recognize the accomplish- on the environmental aspects and other issues ice to our Nation and for their commitment and ments of Bernard B. Beal as he offers his tal- associated with nuclear weapons production sacrifices in battle. They are truly part of ents and philanthropic services for the better- facilities. Her work on the Alliance is a testa- America’s greatest generation. ment of our local and national communities. ment to her dedication to making sure that the

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They proved themselves in served through her participation in the Arvada body and this nation for their devotion and battle in Europe, Africa and the Far East. Senior High School’s Drop-Out Program and commitment to quality education. Congratula- Their sacrifices on the battlefield preserved lib- the Jefferson County District 1 Judicial Review tions on your well deserved recognition as a erty and freedom for millions throughout the Committee where she is a past chair. ‘‘School of Distinction.’’ world. Ms. Dixion is a well-recognized leader in the f Mr. Speaker, true American heroes like Westminster community. Her honors and these Polk County World War II veterans awards include Jefferson County Mother of the HONORING CHANNEL INDUSTRIES should be honored for their service to our Na- Year, Metro North Chamber Volunteer of the MUTUAL AID ON THEIR 50TH AN- tion and for their commitment and sacrifices in Year and several marketing achievement NIVERSARY battle. They are truly part of America’s Great- awards. est Generation. Mr. Speaker, I ask my colleagues to join HON. GENE GREEN f with me in expressing my gratitude to Ms. OF TEXAS Dixion for her tireless work. Although her work IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO DR. ATUL B. CHOKSHI and the issues she has championed are seri- Thursday, October 20, 2005 ous and important, she brought a refreshing, Mr. GENE GREEN of Texas. Mr. Speaker, positive outlook that was infectious. Through HON. EDOLPHUS TOWNS I rise today to recognize one of the largest all of this work—at times difficult and con- OF NEW YORK mutual aid organizations in the world, Channel troversial—she maintained a sense of humor IN THE HOUSE OF REPRESENTATIVES Industries Mutual Aid, for their 50 years of and humility in her interactions with others, service to Houston and the surrounding areas. Thursday, October 20, 2005 without compromising professionalism or re- Formed in 1955 under the name of the spect of others and their views. In a time Mr. TOWNS. Mr. Speaker, I rise today in ‘‘Houston Ship Channel Industries Disaster Aid when faith in our political system is faltering, recognition of a member of the Brooklyn com- Organization,’’ in 1960 it became the non-prof- we should recognize and acknowledge people munity and distinguished member of the it corporation ‘‘Channel Industries Mutual Aid.’’ like Ms. Dixion who have an innate devotion to healthcare profession, Dr. Atul B. Chokshi. It Its objective remained the same: to provide enhancing the quality of life in our commu- is an honor to represent Dr. Chokshi in the mutual assistance in case of emergency situa- nities. I am proud to offer my appreciation for House of Representatives and it behooves us tions, whether natural or man-made. her work and wish her continued success in to pay tribute to this outstanding leader in With over 100 industrial, municipal, and gov- American Medicine. all her future endeavors. ernmental members such as Shell Oil, Cel- f Mr. Speaker, on Dr. Atul B. Chokshi’s re- anese, the City of Houston Fire Dept., and the sume he states that his life’s goals are to ‘‘be IN RECOGNITION OF THE AUBURN U.S. Coast Guard, CIMA joins these together as complete a cardiologist as possible’’ and EARLY EDUCATION CENTER to respond to fire, hazardous material, rescue ‘‘to be as nice and loving a human being as and medical emergencies along the Houston possible.’’ To the thousands of people of the HON. MIKE ROGERS Ship Channel. Interfaith Medical Center community who have CIMA provides disaster assistance not only been touched by Dr. Chokshi’s gentleness and OF ALABAMA to the Houston Ship Channel, but cooperates IN THE HOUSE OF REPRESENTATIVES caring nature, he has already met his life’s with mutual aid organizations all along the goals. Thursday, October 20, 2005 Texas and Louisiana coastlines, and has Born and trained in India, with an 18-month Mr. ROGERS of Alabama. Mr. Speaker, on shared its response readiness procedures with stint in England, Dr. Chokshi has been with behalf of myself and Congressman BACHUS, international organizations such as the Inter- Interfaith Medical Center for nearly his entire we would like to extend our sincerest con- national Red Cross, and countries such as medical career. Joining one of Interfaith Med- gratulations to the Auburn Early Education Germany, Switzerland, and Austria. ical Center’s predecessor hospitals, Jewish Center in Auburn, Alabama, for its receipt of For its invaluable service to the City of Hospital and Medical Center of Brooklyn, or the prestigious Intel Corporation and Scho- Houston, the 29th District of Texas, the Gulf ‘‘Brooklyn Jewish’’ in the summer of 1978 as lastic ‘‘School of Distinction’’ Award. This Coast, and the rest of the world, I extend an Intern in Internal Medicine. Dr. Chokshi has school, through the hard work of its faculty CIMA my deepest gratitude, and my heartfelt served in a variety of positions leading up to and staff, has set a national standard in lit- congratulations on 50 years of excellence. his being named the Director of the Cardiac eracy achievement through innovation. We are f Catheterization Lab. proud to commend its laudable accomplish- RECOGNIZING WORLD WAR II VET- As head of lnterfaith Medical Center’s Car- ments. ERANS OF POLK COUNTY, FLOR- diac Cath Lab since 1993, Dr. Chokshi has pi- The Auburn Early Education Center serves IDA oneered thoughtful and gentle cardiology care. the needs of all kindergarten students enrolled In November 2004, Dr. Chokshi launched the in Auburn City Schools. This school, in devel- HON. GINNY BROWN-WAITE City’s first Walk-in-Walk-out transradial cardiac oping its curriculum, focuses on a child-cen- catheterization program. Virtually painless and OF FLORIDA tered approach to learning. It is this focus, allowing the patient to go home to resume IN THE HOUSE OF REPRESENTATIVES along with the integration of reading in all sub- normal activity within an hour, Interfaith Med- ject areas, that led Intel and Scholastic to rec- Thursday, October 20, 2005 ical Center’s Walk-in-Walk-out service involves ognize the Auburn Early Education Center Ms. GINNY BROWN-WAITE of Florida. Mr. inserting the catheter into the radial artery at from among 3,000 excellent competitors as Speaker, I rise today to recognize the brave the wrist for complete cardiac evaluation and one of twenty schools worthy of being des- soldiers of Polk County, Florida who served even a peripheral angiogram can be done at ignated as a ‘‘School of Distinction.’’ during World War II. the same time without the use of the femoral Mr. Speaker, because of the Auburn Early At a ceremony to be held Saturday, October artery. Education Center’s success in the area lit- 22, 2005, Congressman ADAM PUTNAM and I In addition to being a brilliant physician, Dr. eracy achievement, they will receive a grant of will present representatives from each of the Chokshi is an ardent student of the Bhagawad $10,000 and will share in a host of techno- five United States Armed Forces with com- Gita, which inspired him to combine his devo- logical prizes designed to further improve memorative coins honoring their service during tion to the teachings of Lord Krishna with his learning opportunities at the school. It is our World War II. cardiology expertise to help establish The sincere belief that this institution will continue As General George Patton once said, ‘‘Wars Krishna Heart Institute in Ahmedabad, India. to serve as a guiding example to primary may be fought with weapons, but they are Since its opening in 2000, The Krishna Heart

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23424 EXTENSIONS OF REMARKS October 20, 2005 Institute has performed more than 4,000 open when public faith in our political system is fal- Louis, Dallas and Jacksonville. Over 900 heart surgeries and 25,000 other life-saving tering, we should recognize that there are Citigroup employees answered more than procedures. people like Butch who have an innate devotion 8,500 calls and helped to raise over $900,000. Dr. Chokshi is married to Dr. Vandana to furthering the progress of their communities. Citigroup is committed to working with af- Chokshi, a radiologist with a subspecialty in I’m proud to offer warm congratulations to fected customers to alleviate the temporary fi- Nuclear Medicine and Chief of both Radiology Butch, to honor his achievements, and wish nancial impact of this disaster. They are imple- and Nuclear Medicine at Interfaith Medical him continued success in all his future en- menting business-specific initiatives for cus- Center. Drs. Atul and Vandana Chokshi have deavors. He stands out as a symbol of hope, tomers in FEMA designated Individual Assist- a daughter, Krishna. optimism and generosity in public service. ance Areas including deferred and eliminated Mr. Speaker, I believe that it is incumbent f interest and payments, elimination of interest on this body to recognize the accomplish- and fees on current and delinquent accounts, ments and selfless service of Dr. Chokshi as TRIBUTE TO LANCE CORPORAL suspension of collection calls and negative he offers his talents and philanthropic services DANIEL MCVICKER credit bureau reporting, implementation of dis- for the betterment of our local and national aster credit line increases, no foreclosures on communities. HON. RALPH REGULA mortgages, and other solutions as appropriate. Mr. Speaker, Dr. Chokshi has continuously OF OHIO At the Citi Cards site in Boise, Idaho, where demonstrated a level of altruistic dedication IN THE HOUSE OF REPRESENTATIVES I recently visited, employees donated more that makes this kind gentleman and master than $139,000 to the United Way of Treasure Thursday, October 20, 2005 scientist most worthy of our recognition today. Valley during their 2006 pacesetter campaign f Mr. REGULA. Mr. Speaker, I rise today to in July. Site President Tod Wingfield said, pay tribute to Lance Corporal Daniel McVicker, ‘‘The strength of an organization comes from HONORING BUTCH HICKS FOR a constituent from my district who died on Oc- the people within it. The same holds true for YEARS OF PUBLIC SERVICE tober 6th when the humvee he was driving the health of a community. We are so proud was hit by a roadside bomb. Daniel joined the to have employees who demonstrate their HON. MARK UDALL Marines in 2003 and was serving in Iraq by passion and generosity for others by contrib- OF COLORADO providing security for convoys. uting to programs that benefit so many people IN THE HOUSE OF REPRESENTATIVES Daniel was a graduate of West Branch High in our valley. This sense of community and School where he was active in chorale and Thursday, October 20, 2005 sincere desire to help others is part of what many of the school’s plays. The community makes Citi a great place to work.’’ Citi Cards Mr. UDALL of Colorado. Mr. Speaker, I rise fondly remembers him as always smiling and presented a check to United Way and recog- today to acknowledge Westminster City Coun- as having the ability to brighten everyone’s nized employees at the United Way Commu- cilman Butch Hicks. Butch’s efforts have great- day. nity Campaign Kick-off event in August. ly helped Adams County Coloradans and he He showed true courage and the ultimate I want to thank and congratulate Citigroup deserves recognition for the many contribu- sacrifice by giving his life in the pursuit for and employees for their commitment to build- tions he has made to public service. freedom and security. He is a hero and ing strong communities. Butch and Julia Hicks have been activist through his memory, continues to brighten the f citizens. They exemplify what it means for lives of those who had the privilege of know- people to participate in democracy, and al- ing him. HEALTH CARE FOR ALL though they are active Democrats, it is not I would like to extend my deepest sympathy Butch’s partisan work that causes me to ac- to his parents and all of his family and friends HON. EDOLPHUS TOWNS knowledge him, but rather, his boundless en- who are mourning the loss of his life. OF NEW YORK thusiasm for community service. I pray for the safe return of all of our serv- IN THE HOUSE OF REPRESENTATIVES I am proud to know Butch and have counted icemen and women and thank them for the Thursday, October 20, 2005 him as a friend and advisor on many issues. sacrifice they make every day defending our His official duties as a member of the West- country. Mr. TOWNS. Mr. Speaker, over $1.6 trillion minster City Council have included many f is spent on health care annually in the U.S., projects that we care about, including improv- which is over 13% of the GDP. According to ing watersheds, parks and recreational oppor- HONORING CITIGROUP the National Coalition on Health Care, U.S. tunities in Colorado’s Second Congressional health care spending increased to $1.7 trillion District. HON. MICHAEL K. SIMPSON in 2003 and was projected to reach $1.8 tril- Butch was appointed to the Westminster OF IDAHO lion in 2004. Furthermore, our country spent City Council in 1999 and was elected to serve IN THE HOUSE OF REPRESENTATIVES 15.3% of the GDP on health care in 2003 and a 2-year term. He was then re-elected in No- a projected increase of 18.7% is expected vember 2001 to serve a 4-year term. In addi- Thursday, October 20, 2005 within the next 10 years. tion to the City Council, Butch also serves in Mr. SIMPSON. Mr. Speaker, I rise today to Even though the U.S. spends more on the Adams County Democrats as treasurer recognize Citigroup and commend them on health care than any other industrialized na- and on the Permanent Organization Com- their leadership in aiding Hurricane Katrina tion, and those countries provide universal mittee, the Colorado State Democrats and the and Rita relief efforts during the recovery and health coverage to all of their citizens, approxi- State Outreach Committee. Civil rights is a rebuilding of the affected area. mately 45 million Americans are uninsured. very important issue to Butch and drives him Citigroup and Citigroup Foundation donated Nevertheless, the U.S. remains the only indus- to monitor civil rights problems in Colorado $2 million to Habitat for Humanity International trialized nation that does not guarantee health and Westminster. He is a member of the in support of ‘‘Operation Home Delivery.’’ In care for all of its citizens. NAACP and the Southern Poverty Law Cen- addition to a $1 million immediate donation, Clearly, universal health care is needed for ter. the Citigroup Foundation is matching eligible all American citizens and a universal health Butch’s career in home improvement retail Citigroup employee donations dollar for dollar care plan is certainly in the best economic in- allowed him to travel across the United States to the American Red Cross up to $3 million, terest of our country. and finally settle in Colorado. Once in West- for a potential total of $7 million. When one considers that health care spend- minster, Butch became the department man- Hundreds of Citigroup volunteers are build- ing accounted for only 9.7% of the GDP in our ager for Home Depot and now works for the ing and helping to organize the Habitat for Hu- sister nation Canada, it becomes apparent Regional Transportation District. In his spare manity build in Humanity Plaza where NBC that we are not best managing our resources time Butch promotes youth awareness and News’ ‘‘Today’’ show hosted the construction and serving the interest of our Nation as a volunteers for battered women shelters. of Habitat homes as part of Make a Difference whole. Mr. Speaker, I ask my colleagues to join in Today. In addition, to help the Red Cross in its As members of Congress we are entrusted acknowledging Mr. Butch Hicks for touching nationwide telethon on September 9th, calls with the responsibility of protecting and ad- the community in far-reaching ways. In a time were routed to Citigroup call centers in St. vancing the Nation’s health. It is a given that

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Using these natural mate- shine, more conservative teams could have refueled and leapt past CU in the standings. health status of one impacts the health status rials was one of the team’s five design goals, CU team ended up with 853 points, followed of all regardless of one’s ability to pay for along with modularity, accessibility, innovation, by Cornell University’s 826 and California health services or not. and energy efficiency. State Polytechnic University’s 809 points. Disease, especially communicable and in- Colorado’s core team consists of about 20 CU won three categories: documentation, fectious, has no boundaries. The current engineering and architecture students, among communication and ‘‘getting around,’’ which health disparities and unnecessary suffering them Jeff Lyng, Frank Burkholder, Kristin involved team members Scott Horowitz and experienced by vulnerable populations such Field, Mark Cruz, Drew Bailey, Jacob Uhl, Jon Isaac Oaks driving the team’s electric car up as the poor, elderly, uninsured, women and Previtali, Bryce Colwell, Jimmy Chambers, to eight hours a day. They racked up 319 children and racial and ethnic minorities is out- James Dixon, Ryan Drumm, Kathy Clegg, miles in five days at a speed of about 15 miles per hour. right immoral. It is a national disgrace and Geoffrey Berlin, Koki Hashimoto, Isaac Oaks, ‘‘It was totally grueling,’’ said project international embarrassment that America, a Greg Shoukas, Adam Courtney, Seth Kassels, manager Lyng. country with astounding wealth and means, Abby Watrous, Tim Guiterman, and Scott CU’s documentation effort was bolstered chooses not to provide universal health care Horowitz. Many more students contributed in by three-dimensional computer renderings to her citizens while her sister country Canada other ways. The students were assisted by showing the operation of the CU house’s re- does so for her citizens, as does the country faculty advisers Julee Herdt, Mike movable roof, done by undergraduate archi- of Cuba whose wealth is not even comparable Brandemuehl, and Rick Sommerfeld. tecture student Mark Cruz. to that of the U.S. and other industrialized na- CU’s team had a challenge—to take ad- The home is bio-friendly to its core, built with a raft of natural materials including ev- tions. vanced architectural and engineering con- erything from corn to coconut. Its defining I urge Congress today to fully assume its re- cepts, put them together in a design, and build innovation were Bio-SIPs, for which CU has sponsibility as the defender of our Nation’s a house that could be a model of our energy applied for a patent. These structurally insu- health, and exercise its political will and sin- future. These students met that challenge— lated panels are made of soybean-oil-based cerely work towards the implementation of a and met it better than any of the other teams. polyurethane, sandwiched between hard universal health care system and guarantee I’m proud of these students and I’m proud that sheets of recycled paper. universal health care as a right for all Amer- the University of Colorado produced such a Frank Burkholder, one of 20 core team ican citizens. talented team. Most of all, I am proud to rep- members and among the dozen who made the trip to the nation’s capital, said the Bio-SIPs f resent these young people who are working held heat so well that the house lost just so hard to make our way of life a sustainable RECOGNIZING THE ACCOMPLISH- four degrees overnight. one. ‘‘It saved us a lot of energy,’’ he said. MENTS OF THE UNIVERSITY OF [From the Daily Camera, Oct. 15, 2005] Team faculty adviser Herdt said the COLORADO SOLAR DECATHLON CU TEAM CLINCHES SECOND SOLAR WIN home’s strong ‘‘branding’’ as a bastion of TEAM (By Todd Neff) bio-based materials probably helped in the eyes of judges. But it was a strong student The University of Colorado repeated as squad that made the difference, she said. HON. MARK UDALL international Solar Decathlon champ on Fri- ‘‘I always ask them if they are athletes,’’ day, thanks to a combination of stubborn OF COLORADO she said. ‘‘You have to be a long-distance cloud cover in Washington, DC, and a bold IN THE HOUSE OF REPRESENTATIVES runner. You have to be consistent in your decision when the outlook was particularly work and conserve energy. That’s what Thursday, October 20, 2005 gray. The CU team’s 800-square-foot, solar-pow- helped this time—strategizing and staying Mr. UDALL of Colorado. Mr. Speaker, I rise strong all the way through.’’ today to recognize the accomplishments of a ered BioS(h)IP mobile home won over entries by teams from 17 universities in the United The team’s efforts got attention in high talented group of students from the University States and Puerto Rico, Canada and Spain. places. Lyng said Energy Secretary Samuel of Colorado who designed and built the win- ‘‘I’m shocked,’’ winning project manager Bodman quipped, ‘‘I could see myself living ning entry at the Department of Energy’s Sec- Jeff Lyng, a master’s student in CU’s civil here,’’ when walking through the CU home. ond Solar Decathlon. CU’s win is all the more engineering school, said by cell phone. ‘‘The The Department of Energy is increasing weather held, and it was really just dumb support to individual teams from $5,000 this notable because it is their second, after also year to $100,000 for the 2007 competition. winning the first Solar Decathlon competition luck that our strategy worked.’’ The team made its own luck. The second- The CU solar home will host tours through in 2002. I am submitting for the RECORD a re- ever Solar Decathlon—CU won the first title Sunday on the National Mall. Its doors also cent article from the Daily Camera describing in 2002—was dogged by clouds. The CU will be open for tours on the CU campus fol- the team’s achievement. team’s energy-saving house, capable of sock- lowing a 2,500 mile, biodiesel-fueled trek The Solar Decathlon is a competition orga- ing away 36 kilowatt hours a day in the Colo- back to the Front Range. Its final destina- nized by the Department of Energy that gives rado sunshine, could manage only about 5 tion is Prospect New Town in Longmont. college students an opportunity to dem- kilowatt hours a day on the shadowed Na- f onstrate practical uses of solar power. This tional Mall. October, 18 university teams from around the That was less than CU’s and other teams TRIBUTE TO LANCE CORPORAL needed to boil water, launder towels, refrig- CARL L. RAINES country and the world competed in the second erate food and fuel the electric car, among Solar Decathlon to build the most energy-effi- other things. cient, solar-powered house. Each team was The competition, sponsored by the U.S. De- HON. TERRY EVERETT required to use solar energy to power the en- partment of Energy, was fierce. OF ALABAMA ‘‘There are some spectacular houses here,’’ tire house, and was judged on how well its IN THE HOUSE OF REPRESENTATIVES house was able to produce energy for heating, said Michael Brandemuehl, who with archi- cooling, hot water, lighting, appliances, com- tecture professor Julee Herdt served as CU Thursday, October 20, 2005 faculty advisers in both competitions. ‘‘No puters, and charging an electric car. The disrespect to the 2002 competitors, but the Mr. EVERETT. Mr. Speaker, I rise today to houses were also critiqued on their overall architectural quality is head and shoulders pay tribute to an American hero from my con- aesthetic design. above what we had in 2002.’’ gressional district who recently gave his life in As a ‘‘zero energy home,’’ CU’s house com- As of Tuesday morning, CU stood in eighth defense of freedom. bines advanced solar energy systems and en- place. The team decided on a risky strategy: Lance Corporal Carl L. Raines II, age 20, of ergy efficient appliances and thus produces participate in a variety of competitions— Enterprise, Alabama, died October 6 from an more energy than it consumes over the course where small numbers of points can be won improvised explosive device while conducting of a year. In addition, as CU’s official Decath- for doing such things as boiling water and combat operations against enemy forces near cooking meals—and run down the house’s lon handout stated, ‘‘The CU home is one that batteries. Al Qaim, Iraq. you can truly ‘‘sink your teeth into. Materials Battery level mattered because the last of He was assigned to Combat Service Sup- used in the home’s construction and fur- the Solar Decathlon’s 10 competitions of- port Detachment 21, 2nd Force Service Sup- nishings read like a health food menu,’’ includ- fered 100 points—of a total of 1,100 possible port Group, II Marine Expeditionary Force,

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23426 EXTENSIONS OF REMARKS October 20, 2005 Cherry Point, North Carolina. As part of Oper- Today I ask my colleagues to join me in rec- HOT JAZZ SATURDAY NIGHT ation Iraqi Freedom he was attached to Regi- ognizing this extraordinary woman for her con- mental Combat Team 2, 2nd Marine Division, tributions to her community and our Nation, HON. JAMES P. MORAN II Marine Expeditionary Force. and for her active participation our Nation’s OF VIRGINIA I am very sorry to hear about the loss of history. May the next century be as wonderful IN THE HOUSE OF REPRESENTATIVES Lance Corporal Raines and I pass along my for her as the past 99 years. condolences to his family, Mr. and Mrs. Carl Thursday, October 20, 2005 Raines of Enterprise. f Mr. MORAN of Virginia. Mr. Speaker, over Lance Corporal Raines’ courage and self- 25 years, jazz enthusiasts in the Washington less service will be an inspiration, to all who HONORING LIEUTENANT MICHAEL region have tuned to one program for their treasure freedom. May our grateful Nation al- P. MURPHY weekly jazz entertainment. Musicians such as ways honor the memory of his brave service Duke Ellington, Ina Ray Hutton, and the Bos- and sacrifice. well Sisters fill the radio waves every Saturday evening thanks to Rob Bamberger, creator, f HON. TIMOTHY H. BISHOP OF NEW YORK producer, and host of Hot Jazz Saturday TRIBUTE TO IRENE P. DE LOS Night. SANTOS GONZALEZ IN THE HOUSE OF REPRESENTATIVES Rob Bamberger began as a volunteer for Thursday, October 20, 2005 WAMU in 1978, where he presented the first HON. SOLOMON P. ORTIZ of several features on jazz performers during Mr. BISHOP of New York. Mr. Speaker, it is the news show, Morning Line. Two years later, OF TEXAS an honor to rise with the New York Congres- in 1980, he created his own show, Hot Jazz IN THE HOUSE OF REPRESENTATIVES sional Delegation to recognize an American Saturday Night, which he has hosted ever Thursday, October 20, 2005 hero. Today I am introducing legislation to since. Rob’s passion and dedication goes on Mr. ORTIZ. Mr. Speaker, I rise today to pay name a post office in my district—in display every Saturday night for three hours tribute to a true American patriot: Irene De Los Patchogue, New York—in honor of Lieutenant as he shares his love for jazz, swing, and big Santos from Brownsville, Texas. On October Michael P. Murphy. band music with WAMU listeners. Rob’s interest in vintage jazz and swing 22, 2005, Ms. De Los Santos will be 99 years Lieutenant Murphy, U.S. Navy, was killed in came at an early age. While at an elementary young. She has seen the greater part of the Afghanistan when he and three other SEALs school book fair in 1963, he purchased, for a 20th century and has been at the forefront of were ambushed by Taliban insurgents. Many dime, a two-record set featuring broadcast numerous historical events while serving as an of you may recall the reports during the week performances by the Tommy Dorsey Orches- outstanding example for her community. of June 27 about the heroic rescue attempt of tra. This seminal moment in young Rob’s life Since she had a profound understanding of Lt. Murphy’s unit, when an Army MH–47 Chi- sparked a consuming and scholarly fascination what the early 20th Century was like, before nook helicopter was shot down by a rifle-pro- with American music from the ’20s, ’30s, and women were finally given citizenship in this pelled grenade in the Kunar province with 16 ’40s and became the cornerstone of a record great Nation, and allowed to vote. As. De Los special operations troops aboard. collection which fills the basement of his Ar- Santos cherishes this precious right and never Lt. Murphy was only 29 years old when he lington, Virginia home. lets an election pass her by. died. Already having achieved his dreams of By day, Rob Bamberger serves Congress She has voted in every Brownsville election attending Penn State University and becoming as a senior policy analyst with the Congres- since 1929 and remembers her $1.75 poll tax a Navy SEAL, he had deferred another dream sional Research Service. While Rob takes vividly. What is most amazing and admirable of attending law school until his tour had great pride in his work with CRS, his true love is the fact that Ms. De Los Santos is still an ended. He was also engaged to be married becomes evident to listeners both locally and active member of the community and encour- upon his return in November. abroad through broadcasts on WAMU, NPR, ages everyone to participate fully in our de- and the Armed Forces Network. mocracy by both voting and working at the Lt. Murphy was universally admired and loved. His parents, teachers, and commanding Over the years, Rob’s passion for music has polls. Her daughter remembers riding along in led him to give talks before audiences at the the back of the car as they went from house officers all praise his intelligence, dedication and kindness. Perhaps the commanding offi- Library of Congress, the Smithsonian, and the to house encouraging members of the com- Cosmos, Maryland and University Clubs. munity to vote when she was only 8 years old. cer of the Navy’s SEAL Recruiting program who mentored Lt. Murphy and prepared him When discussing topics ranging from, the his- Ms. De Los Santos is a powerhouse of poli- tory of repertory jazz, to the meeting of jazz tics in the South Texas community, and her for SEAL training best summed up this young hero’s essence when he said: and third stream of Hoagy Carmichael and Bix support for various candidates is sought and Beiderbecke, he clearly demonstrates not only cherished. I am so proud that she has been He achieved something most of us don’t his mastery of jazz history, but also his deep one of my strongest supporters throughout my have the courage to attempt . . . He was a passion for this uniquely American art form. very focused young man with a terrific atti- 23 years in Congress. I would like to thank Rob for his efforts to tude, quiet intensity and determination. Irene has lived a long and rewarding life, keep jazz alive in the hearts of enthusiasts and watched our most important national After learning of his tragic loss, Lt. Murphy’s and casual listeners alike who find too few op- events unfold: the passage of the 19th father reflected on what the memory of his son tions today when they turn on the radio. As Amendment, the rise and fall of dictators left behind: Rob states, and I quote, ‘‘There are virtually around the world, the passage of the Civil We were just honored to have him as a son no places left on radio where someone like Rights Act, and countless other memorable for 29 years. He’s our hero, and I think he is me is given three hours weekly to program events in our Nation’s history. Through it all, everybody else’s hero . . . He squeezed more music free of focus-group driven playlists and Ms. De Los Santos says she has enjoyed her life in 29 years than I will ever see.’’ to present it as I hope works best for listeners life and would not change anything. and artists who might otherwise be totally for- Her extended family includes three sons This past summer, my district lost a beloved gotten.’’ and two daughters, 16 grandchildren, 29 friend and our nation lost one of its bravest Mr. Speaker, I wish to take this opportunity great-grandchildren, 11 great-great grand- sons to the War on Terror. to congratulate Rob for spending these past children, and 10 great-great-great grand- Mr. Speaker, on behalf of all Americans, I 25 years sharing his passion with us through children. Everyone, that totals to 71 potential thank the House for honoring Lt. Murphy’s the radio. Hot Jazz Saturday Night is the high- votes, and we all know that elections have service, valor and ultimate sacrifice for this light of the week for many local and inter- been won or lost by fewer votes. Even now, Nation by renaming the post office located at national jazz aficionados. With a large and Ms. De Los Santos encourages her entire 170 East Main Street in Patchogue, New York loyal listener ship, I am confident that we will family to vote and continues to look on as her as the ‘‘Lieutenant Michael P. Murphy Post Of- continue to hear Hot Jazz Saturday Night for fellow voters come in and out of the polls. fice.’’ many years to come.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23427 THE 60TH ANNIVERSARY OF THE Julius Perr and his wife Elizabeth, made Co- loans to 25 percent of a municipalities oper- HANDLEY-MEADOWBROOK LIONS lumbus, Indiana their home and found peace ating expenses, and would provide this assist- CLUB from the unrest in Eastern Europe. It was also ance as grants when a disaster has been de- in Columbus where Julius began a 41-year ca- clared an ‘‘Incident of National Significance’’ HON. KAY GRANGER reer as a mechanical engineer for Cummins under the National Response plan (Hurricanes OF TEXAS Engine Company. In this time, he distin- Katrina and Rita were both declared ‘‘Incidents of National Significance’’). IN THE HOUSE OF REPRESENTATIVES guished himself by submitting more than 300 patents on engine technology improvements, This legislation is similar to H.R. 1795, the Thursday, October 20, 2005 80 of which are still in use today. ‘‘Whatever it Takes to Rebuild Act’’, which Ms. GRANGER. Mr. Speaker, I rise today to Cummins recognized Julius’s extraordinary would provide federal assistance for lost tax recognize an outstanding civic organization in accomplishments by establishing an award in revenues to New York following the terrorist Fort Worth, Texas on its 60th anniversary, the his honor. Each year, Cummins presents the attacks of 9/11. Following 9/11, President Handley-Meadowbrook Lions Club. Dr. Julius P. Perr Innovation Award to ac- Bush also promised New York and the country The Handley-Meadowbrook Lions Club was knowledge innovative contributions of that we will do whatever it takes to rebuild. chartered on November 8, 1945 by Marlow C. Cummins personnel. I urge all of my colleagues to support this Fisher. The club had 44 charter members. Mr. Speaker, on behalf of the State of Indi- important legislation to provide real relief to Since its founding, the Handley-Meadowbrook ana, I extend heartfelt sympathies to the fam- the Gulf Coast and let’s do what it takes to re- Lions Club has been associated with Lions ily of Dr. Julius Perr, specifically his wife Eliza- build. Clubs International, the world’s largest service beth; his sons Andrew and Victor Perr; his f organization. daughters Maria Garrison, Elisabeth Perr- TRIBUTE TO MARY BOURDETTE Over the last 60 years, the Handley- McColm and Karolina Perr; and his eight be- Meadowbrook Lions Club has been a vital part loved grandchildren. HON. GEORGE MILLER of the Fort Worth and Tarrant County commu- Julius Perr was commended by the U.S. OF CALIFORNIA nity. Club members have been involved con- Patent Office for setting an example for future IN THE HOUSE OF REPRESENTATIVES tinually in humanitarian efforts and public serv- generations of inventors. But it is his love of ice projects that not only have improved the culture and allegiance to his community that Thursday, October 20, 2005 community but also the lives of an untold will be most missed by those who know him Mr. GEORGE MILLER of California. Mr. number of people. the best. The State of Indiana was fortunate to Speaker, earlier this month, Mary Bourdette, a The work of the Handley-Meadowbrook call him one of its own. great champion for America’s children and Lions Club has resulted in direct financial con- f families took a leave from her job advocating tributions to such outstanding programs as the for parents, and it is important that we take Texas Lions Camp for Handicapped and Dia- WHATEVER IT TAKES TO REBUILD the time to mark her extraordinary career. In betic Children, the Texas Lions Foundation ACT, PART II her 30 year career, Mary has been an ever- and the Lions Club International Foundations. present voice and an unyielding force, remind- These foundations provide humanitarian and HON. CAROLYN B. MALONEY ing everyone around her that we must do disaster aid in Texas and worldwide. In addi- OF NEW YORK much more for children—especially for the tion the club’s work supports the Texas Eye- IN THE HOUSE OF REPRESENTATIVES most disadvantaged children in our country. glass Recycling Center, the Leader Dog for I first met Mary back in California when she the Blind and the Lions World Services for the Thursday, October 20, 2005 was working on improving education in the Blind programs that provide blind persons with Mrs. MALONEY. Mr. Speaker, today Rep- state. My wife Cynthia and I have long valued a guide dog, the Lions Organ and Eye Bank, resentatives CHARLIE MELANCON, WILLIAM JEF- Mary for her friendship as well as for her pas- the Lions Drug Awareness Council and the Ju- FERSON and I are introducing the Whatever It sion for her work. Mary and I worked closely lian C. Hyder Youth Camp for youth. Takes to Rebuild Act, Part II. together when I chaired the Select Committee Members of the Handley-Meadowbrook On September 15, 2005, President Bush on Children, Youth and Families in the 1980’s. Lions Clubs today continue to be committed to addressed the nation from Jackson Square in She is a skilled lobbyist and negotiator and involvement in the community through a wide New Orleans, LA and offered the following her vision and persistence were critical to my array of activities that make Fort Worth and pledge on behalf of the American people: efforts on child welfare policy in addition to nu- Tarrant County a great place to live and work. Tonight I also offer this pledge of the merous other issues. Fort Worth and Tarrant County have been American people: Throughout the area hit by One of the reasons Mary is so effective in fortunate to have the Handley-Meadowbrook the hurricane, we will do what it takes, we fighting for children is that she is an idealistic Lions Clubs in its midst for the last six dec- will stay as long as it takes, to help citizens pragmatist. She would always fight to the end ades. rebuild their communities and their lives.— for what she knew was right. But she was just Mr. Speaker, it is my honor to recognize President Bush, September 15, 2005, New Or- as committed to getting the different sides to- leans, LA. Handley-Meadowbrook Lions Club on its 60th gether and fostering communication—particu- Anniversary and to offer appreciation for the Just three weeks later, on October 7, 2005, larly when the situation was at its most polar- excellent work it has rendered to Fort Worth, Congress and the President broke this pledge ized. Texas, the United States and around the by adding a clause to Public Law 109–88, the Mary advocated for children and families in globe. Community Disaster Loan Act of 2005, that re- many capacities here in Washington, DC over f quires Gulf Coast Communities who receive the past 30 years. She first fought for the assistance from the federal government for Legal Services Corp. to help ensure that our TRIBUTE TO DR. JULIUS PERR lost tax revenues (to assist in the payment for poorest citizens have access to the legal sys- police officers, firefighters, school teachers tem that our Constitution promises. She later HON. MIKE PENCE and other essential services) to pay back the worked tirelessly at the Children Defense OF INDIANA aid with interest. Never before has Congress Fund on the first major expansion of the IN THE HOUSE OF REPRESENTATIVES or the President required the repayment of this Earned Income Credit and the original enact- aid. That is why we are introducing the ‘‘What- ment of Child Care and Development Block Thursday, October 20, 2005 ever It Takes to Rebuild Act, Part II.’’ Grant—programs that have made an enor- Mr. PENCE. Mr. Speaker, the State of Indi- The ‘‘Whatever It Takes to Rebuild Act, Part mous difference for America’s poorest fami- ana lost a giant of the engineering community II’’ would repeal the provision in Public Law lies. Her work with the Child Welfare League last month. On Sunday, September 25, Dr. Ju- 109–88 that requires Gulf Coast Communities of America as Director of Public Policy also lius Perr passed away in his home country of to repay the assistance they receive under the proved vital for the well-being of America’s Hungary where he revolted against a Soviet- Community Disaster Loan Program. This legis- children and families. And her 8 years with the led communist regime before coming to the lation would permanently repeal the $5 million Clinton Administration allowed Mary to play a United States as a refugee of the 1956 Hun- cap on these loans, would make states eligible central and critical role in the many federal garian Revolution. for this assistance, repeal the cap that limits policies that affect children.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00173 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23428 EXTENSIONS OF REMARKS October 20, 2005 So I commend Mary for her impressive ca- INTRODUCING THE IMPROVE Edmond Yunis, a professor of pathology at reer and thank her both for the assistance she INTEROPERABLE COMMUNICA- Harvard Medical School, who was recently has provided to me over the years and on be- TIONS FOR FIRST RESPONDERS named the 2005 National Hispanic Scientist of half of the millions of children who have bene- ACT the Year by the Museum of Science and In- fited from her intelligence and passion. dustry, MOSI, in Tampa, FL. HON. RON PAUL Dr. Yunis is well-deserving of this pres- f tigious national award as he has made signifi- OF TEXAS cant contributions in scientific and medical re- TRIBUTE TO SERGEANT LARRY W. IN THE HOUSE OF REPRESENTATIVES PANKEY search. This research includes the genetic Thursday, October 20, 2005 mapping of human major histocompatibility HON. THOMAS G. TANCREDO Mr. PAUL. Mr. Speaker, I rise to introduce complex, MHC, genes and their role in im- the Improve Interoperable Communications for mune responses, aging, and autoimmune dis- OF COLORADO First Responders Act of 2005. This act pro- eases. Dr. Yunis’ laboratory work identifying IN THE HOUSE OF REPRESENTATIVES vides Federal assistance to local first respond- genes also has been especially important for Thursday, October 20, 2005 ers for developing an interoperable means of matching donors and recipients for organ and stem cell transplants. Mr. TANCREDO. Mr. Speaker, I rise today communications. Ensuring first responders at the local, state, and Federal level have the Dr. Yunis was born in Sincelejo, Colombia, to pay tribute to Sergeant Larry W. Pankey of and he received his M.D. from the Universidad Morrison, Colorado. Sergeant Pankey died ability to effectively communicate with each other should be one of the Federal Govern- Nacional de Colombia in 1954. Dr. Yunis re- October 3 at Walter Reed Army Medical cen- ceived his postdoctoral training in pathology at ter here in the Washington, D.C. area, in sup- ment’s top priorities. The ability of first re- sponders to effectively communicate with each the University of Kansas, the University of port of Operation Iraqi Freedom. Minnesota, and the Children’s Hospital in Bos- Sergeant Pankey was assigned to the 467th other, and with their counterparts at different levels of governments, is key to their ability to ton. He joined Harvard Medical School in 1976 U.S. Anny Reserve Engineer Battalion, Green- as Professor of Pathology, and he became wood, Mississippi. He is survived by his wife save lives in the crucial time immediately after a natural disaster or a terrorist attack. Chief of the Division of Immunogenetics of the and daughter in Morrison, Colorado, and his Dana Farber Cancer Institute that same year. mother in Louisiana. My bill helps first responders by establishing a Director of Interoperability and Compatibility Along with being a professor of pathology at Mr. Speaker, we owe Sergeant Pankey a Harvard, Dr. Yunis currently is a member of great debt of gratitude for his service to Amer- to help develop a national strategy and archi- tecture for an interoperable system, as well as the Department of Cancer, Immunology and ica. My heartfelt sympathy goes out to friends AIDS at Dana Faber. Dr. Yunis has received and family of Sergeant Pankey. to bring together Federal, State, local, and tribal officials to work on a coordinated effort numerous medical awards throughout his ca- He will be missed by all who knew and reer for this outstanding work, and he and his loved him. to develop and coordinate efforts to implement an interoperable communications system. The wife, Borghild, have four children. f bill also provides a grant program so state and The National Hispanic Scientist of the Year local governments can receive Federal assist- award was established 5 years ago to recog- FORMER TAIWANESE PRESIDENT ance for planning and designing an interoper- nize an outstanding national Hispanic scientist LEE’S VISIT TO D.C. able system, as well as in training first re- who promotes a greater public understanding sponders how to use the system. of science and who also encourages in- HON. SHERROD BROWN Rather than simply further burdening tax- creased interest in science education by His- OF OHIO payers, or increasing the already skyrocketing panic youth. I’m also pleased to know the proceeds from IN THE HOUSE OF REPRESENTATIVES national debt, my legislation is financed MOSI’s National Hispanic Scientist of the Year through cuts in corporate welfare and foreign Thursday, October 20, 2005 Award Gala on October 22, 2005, go toward aid programs, which subsidize large corpora- scholarships for Hispanic boys and girls to Mr. BROWN of Ohio. Mr. Speaker, I would tions and even American businesses’ over- participate in MOSI’s Youth Enriched by join all Americans in welcoming President Lee, seas competitors such as the Export-Import Science program, known as the ‘‘YES! Team.’’ during his historic visit to our Nation’s capital Bank use of taxpayer money to underwrite Established in 1991, the YES! Team program from Taiwan. trade with countries such as Communist is designed to help at-risk youth develop self I am pleased to know he will have the op- China. It is time for the Federal Government to esteem and to encourage them to study portunity to meet with Members of Congress. begin prioritizing spending by cutting unneces- Taiwan is a beacon of democracy and free- science and consider science-related careers. sary programs that benefit powerful special in- In conjunction with the weekend gala cele- dom in the Pacific. terests in order to met our constitutional re- It is my hope Taiwan will continue to shine bration, MOSI also is hosting a ‘‘Meet the His- sponsibilities to ensure America’s first re- panic Scientist Day’’ where approximately despite the continued threats across the Strait sponders can effectively respond to terrorists’ from China. 1,000 Hispanic students from the Tampa Bay attacks. area will get a chance to hear a presentation I hope in the near future all restrictions on Mr. Speaker, reducing spending on cor- by this year’s award winner and to get access high-level visits from Taiwan would be lifted, porate welfare and foreign aid to strengthen to MOSI’s hands-on science exhibits. Again, I so that Members of Congress will be able to first responders’ interoperable capability is a want to congratulate Dr. Yunis for receiving welcome the current president of Taiwan to win-win for the American people. I hope my the 2005 National Hispanic Scientist of the DC as well. colleagues will help strengthen America’s first Year award. He serves as an outstanding role It is important these visits take place so that responders’ ability to help the American peo- model for students in the Tampa Bay area and a balanced understanding of both sides of the ple in times of terrorists attacks and natural his visit will help motivate them to stay in Taiwan Strait will be directly available to Con- disasters by cosponsoring the Improve Inter- school and to realize their dreams. gress, the Administration, and the American operable Communications for First Respond- public. ers Act. f Congress and the American people remain f H.R. 4093, THE ‘‘FEDERAL JUDGE- unequivocally committed in their support for SHIP AND ADMINISTRATIVE EF- the people of Taiwan. TRIBUTE TO DR. EDMOND YUNIS FICIENCY ACT OF 2005’’ The Taiwanese should be praised for their continued commitment to freedom, human HON. JIM DAVIS rights and democracy. HON. F. JAMES SENSENBRENNER, JR. OF FLORIDA OF WISCONSIN Through the tireless efforts of President IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Lee, Taiwan will continue to shine as a bea- con of democracy and freedom. Thursday, October 20, 2005 Thursday, October 20, 2005 Again, we welcome President Lee to Wash- Mr. DAVIS of Florida. Mr. Speaker, I rise Mr. SENSENBRENNER. Mr. Speaker, today ington, DC during this historic visit. today to recognize and to pay tribute to Dr. I am Introducing the ‘‘Federal Judgeship and

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23429 Administrative Efficiency Act of 2005.’’ I urge Importantly in this regard, H.R. 4093 author- Mr. Speaker, Officer Silvera knew the dan- the House to pass the legislation expedi- izes the President to appoint five new judges gers of his profession, but he also knew of its tiously. to permanent Ninth Circuit seats along with importance. He genuinely loved helping peo- The purpose of this bill is to provide the two other judges who will fill temporary seats. ple, and he touched countless lives before his President with the necessary authority to ap- My bill provides that the official duty station for tragic death. point needed circuit and district court judges these newly authorized judges will be in Cali- Officer Silvera was a true American hero, and to increase the number of authorized fornia. and I extend my deepest sympathies to his bankruptcy judgeships. These additions are consistent with requests family for their loss. A further purpose is to make changes in the made by the Judicial Conference and will en- structure of the court of appeals system, which sure that future caseload demands on the new f are required to modernize, streamline, and im- Ninth will more closely mirror its judgeship re- prove the administration of justice for nearly sources. California is not being singled out or RECOGNIZING THE ACCOMPLISH- one in five Americans. punished by this legislation. Quite the con- MENT OF THE AASU TENNIS Mr. Speaker, the last comprehensive judge- trary, the district and circuit courts that affect TEAM ship bill that was passed by Congress was en- the rights of the citizens of California are being acted in 1990. Since that time, the volume of provided with their proportionate share of re- HON. JACK KINGSTON cases handled by the judiciary has increased sources and being liberated to become more OF GEORGIA substantially. productive. IN THE HOUSE OF REPRESENTATIVES The Federal Judgeship and Administrative Mr. Speaker, bigger does not always mean Efficiency Act authorizes the creation of 68 better. The constant expansion of the size of Thursday, October 20, 2005 new judgeships—12 at the circuit court level a court without also adopting commensurate Mr. KINGSTON. Mr. Speaker, I come forth and 56 at the district courts. In addition, the reforms will, most assuredly, not result in im- today with the honor of recognizing Georgia’s bill contains authority to create 24 new perma- proving the performance of the judiciary. Armstrong Atlantic State University women’s nent or temporary bankruptcy judgeships. The allocation of judicial resources must be NCAA National Champion tennis team. The These new judgeships will benefit districts made with an eye toward achieving structural Armstrong Atlantic women’s tennis team did across America. When confirmed, these new coherence within each circuit. an outstanding job capturing the school’s third judges will be in a position to help address a H.R. 4093 accomplishes that purpose and I NCAA Division II National Championship in growing backlog of cases that threatens to urge its adoption. 2005, defeating BYU—Hawaii by a score of 5– clog our courts and imposes substantial f 3 to win the title. human and economic costs on our citizens. The No. 2-ranked Lady Pirates ended A judiciary that fails in its basic obligation to IN SPECIAL RECOGNITION OF BYU—Hawaii’s NCAA record of 130-match dispense justice in a timely, fair, and dis- SHAWN BARRINGTON SILVERA winning streak with the victory and finished a passionate manner compromises its own hard undefeated season of their own at 30–0. credibility. A court that is too far removed from those whose disputes it is responsible for ad- HON. MARK R. KENNEDY One of only 10 teams across every sport judicating impose severe costs on those who OF MINNESOTA and division of the NCAA put together an must appear before it. The bill before us IN THE HOUSE OF REPRESENTATIVES undefeated campaign. AASU, who’s other National Championships speaks to these concerns by providing for the Thursday, October 20, 2005 realignment of the Ninth Circuit Court of Ap- came in 1995 and 1996, accomplished the peals and the establishment of a new Twelfth Mr. KENNEDY of Minnesota. Mr. Speaker, I feat with unprecedented team depth as all six Circuit Court of Appeals. rise today to honor the bravery and service of starters on the squad earned All-America hon- The Ninth has become so big—in geo- Officer Shawn Barrington Silvera of the Lino ors from the Intercollegiate Tennis Association graphic size, in workload, in number of active Lakes Police Department. (ITA). and senior judges—that it can no longer ap- Officer Silvera was killed in the line of duty Junior Luisa Cowper (Sutton Coldfield, Eng- propriately discharge its civic functions on be- on September 6th, 2005, when he was struck land) finished the year as the No. 3-ranked half of the American people. by a stolen car driven by a convicted felon at- singles player in the Nation and was named Consider: The Ninth has 47 judges, a figure tempting to evade arrest. the Peach Belt Conference’s Player of the that approaches twice the number of total Officer Silvera was a Minnesota family man Year. judges of the next largest circuit. The Ninth in the truest sense of the words. He married Sophomore Dziyana Nazaruk (Minsk, represents 56 million people, or roughly one- his high school sweetheart, Jennifer, to whom Belarus) was the No. 8-ranked singles player fifth of our Nation’s population. This is 25 mil- he sent flowers every month to mark their an- and was named the ITA’s ‘‘Player to Watch’’ lion more people than the second largest cir- niversary, even after five years of marriage. in 2005. cuit. The Ninth encompasses nearly 40 per- Together, Shawn and Jennifer had two chil- Freshman Johanna Dahlback (Hasselby, cent of the geographic area of the United dren, eighteen-month-old Jordan and five- Sweden) won the clinching match in the na- States. month old Madelynn. tional championship victory and was the No. The Ninth Circuit also has the most number Mr. Speaker, Officer Silvera loved giving 9-ranked singles player in the Nation. of appeals filed and the highest percentage in- back to his community and to society as a Juniors Caroline Grage (Hamburg, Ger- crease in appeals filed over the past 4 years. whole. many) and Manuela Emmrich (Magdeburg, It is the circuit-wide leader in the number of He joined the Lino Lakes Police Department Germany) teamed together to make up the appeals still pending and ranks a close sec- in 1997, but took a leave of absence to work No. 8-ranked doubles team in the Nation, ond in the longest median time until disposi- for two years with the Peace Corps in Hon- while senior Laura Peaty (Loughborough, Eng- tion. duras, where he helped build a community li- land) teamed with Cowper to make up the No. Given these and other problems created by brary. 3-ranked doubles team in the Nation. the mammoth breadth and size of the Ninth, I Outside of police work, Officer Silvera The man who provided guidance for the believe the responsible action is to modernize worked with the Explorers program, to get women’s success is Head coach Simon and streamline the structure of the Courts of teenagers interested in careers in law enforce- Earnshaw. He was named the Peach Belt Appeals. ment. He also served in the D.A.R.E. drug Conference Coach of the Year for his efforts Briefly, H.R. 4093 creates a new Ninth that awareness program, and worked as a coun- in earning his first National Championship. will feature California, Guam, Hawaii, and the selor at the local Safety Camp. I am very proud of this team for displaying Northern Mariana Islands. The new Twelfth Even after all this volunteer work, Officer such hard work and sportsmanship throughout will consist of the States of Alaska, Arizona, Silvera would often join the kids he worked the season and can only hope that they might Idaho, Montana, Nevada, Oregon, and Wash- with for lunch or a game of football or basket- bring the National Championship title back to ington. ball. Georgia in 2006.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23430 EXTENSIONS OF REMARKS October 20, 2005 SAN BERNARDINO COUNTY FIRE STIHL Incorporated this month. I would ask to deter the use of nuclear weapons. Schelling MARSHALL PETER BRIERTY IS A you and my colleagues to join me in congratu- used his ‘‘game theory’’ to explain how the TRUE NATIONAL FORESTRY lating him for this recognition, and thanking Cold War could effectively be prevented from HERO him for his unswerving devotion to public serv- turning into a nuclear holocaust. As Michael ice. Kinsley recently noted in the Washington Post, HON. JERRY LEWIS f Schelling’s theory was born to deal with inter- OF CALIFORNIA dependence. ‘‘The other side had to be con- HONORING CHIEF WARRANT IN THE HOUSE OF REPRESENTATIVES fident that it could survive and retaliate if you OFFICER PAUL PILLEN went first,’’ he said. ‘‘Otherwise, in a crisis, it Thursday, October 20, 2005 would be sorely tempted to go first.’’ Mr. LEWIS of California. Mr. Speaker, it is HON. STEPHANIE HERSETH Fortunately, the world averted disaster in the case of the Cold War, but many modem my pleasure today to honor San Bernardino OF SOUTH DAKOTA County Fire Marshall Peter Brierty, who has day security threats remain. With nuclear ter- IN THE HOUSE OF REPRESENTATIVES been recognized this month as a National For- rorism the most glaring and preventable estry Hero. I know from personal experience Thursday, October 20, 2005 homeland security challenge of our time, world that this award is justly deserved, for Peter Ms. HERSETH. Mr. Speaker, I am sad- leaders would be wise to consider Professor Brierty is widely regarded among my constitu- dened to report the passing of Chief Warrant Schelling’s theory wherever possible. ents as one of the heroes who saved thou- Officer Paul Pillen. He was killed while serving Professor Schelling has spent the majority sands of people and their homes from the ter- in Operation Iraqi Freedom. of his adult life championing the most patriotic rible fires of 2003 in the San Bernardino The lives of countless people were enor- of causes: applying behavioral and economic Mountains. mously enhanced by Paul’s goodwill and serv- sciences for the promotion of peace. The Many of my colleagues have heard me ice. He inspired all those who knew him. Our Nobel Academy rightly recognized his distin- speak on the urgent need to get rid of millions Nation is a far better place because of his life. guished career, and the Nation should be of trees killed by a drought and insect attacks All Americans owe Paul, and the other sol- proud of his accomplishments. As a native of in and around the San Bernardino National diers who have made the ultimate sacrifice in Maryland and an alumnus of the place Schel- Forest in my district. The fire danger from defense of freedom, a tremendous debt of ling calls home, I take special pride in saluting these trees jeopardizes the lives and homes of gratitude for their service. his success. tens of thousands of people and homes that Every member of the House of Representa- f make this one of the most urbanized forests in tives has taken a solemn oath to defend the the Nation. CONGRATULATING CITIZENS FI- Constitution against all enemies, foreign and One of the first people to understand the NANCIAL GROUP ON THEIR RE- domestic. While we certainly understand the potential danger from this situation was Peter CEIPT OF THE 2005 SECRETARY gravity of the issues facing this legislative Brierty. More importantly, Peter Brierty real- OF DEFENSE EMPLOYER SUP- body, Chief Warrant Officer Paul Pillen lived ized the need to act quickly and bring the PORT FREEDOM AWARD that commitment to our country. Today, we re- whole community together to reduce the dan- member and honor his noble service to the ger and be ready to evacuate if fires struck. United States and the ultimate sacrifice he has HON. JAMES R. LANGEVIN For most of the past three years, Fire Marshall paid with his life to defend our freedoms and OF RHODE ISLAND Brierty has worked tirelessly, pushing his staff foster liberty for others. IN THE HOUSE OF REPRESENTATIVES and other public officials to develop these Mr. Speaker, I express my sympathies to plans. He has become a well-known figure at Thursday, October 20, 2005 the family and friends of Chief Warrant Officer countless meetings with residents, convincing Mr. LANGEVIN. Mr. Speaker, today I rise to Paul Pillen. I believe the best way to honor them of the need to cooperate to save lives congratulate Citizens Financial Group, recently him is to emulate his commitment to our coun- and property. chosen as a recipient of the 2005 Secretary of try. I know he will always be missed, but his Under Fire Marshall Brierty’s direction, San Defense Employer Support Freedom Award. service to our Nation will never be forgotten. Bernardino County launched an ambitious ef- The award recognizes employers that were fort to eliminate dead and dying trees on pri- f nominated by their employees who voluntarily vate and public lands outside of the national RECOGNIZING THOMAS serve in the National Guard and Reserve, for forest. The operation he created has been SCHELLING’S NOBEL PRIZE exceptional support above the requirements of highly praised by the Natural Resources Con- the Uniformed Services Employment and Re- servation Service, which has funded the effort, employment Rights Act of 1994. This is the as extremely cost-efficient and effective. HON. STENY H. HOYER highest national award a company can receive But the danger was too great in 2003, and OF MARYLAND for its support of the National Guard and Re- the ‘‘Old Fire’’ struck before we could even IN THE HOUSE OF REPRESENTATIVES serve. begin to cut enough trees to stop it. Nearly Citizens is the first Rhode Island employer Thursday, October 20, 2005 70,000 people were in danger, but the plan to win the highest national award for their out- devised by Fire Marshall Brierty and other Mr. HOYER. Mr. Speaker, I often talk with standing support of colleagues serving in the county, state and federal officials safely evac- great pride about the University of Maryland, National Guard and Reserve and their fami- uated all of them. Not one life was lost in the both as an outstanding academic institution lies. Citizens is one of only 15 employers in fire, even though 350 structures and more and as my alma mater. Today is no different. the United States to receive this prestigious than 800,000 acres were ravaged by the While this latest achievement revolves around award from among 1,492 nominees. blaze. the concept of games, it is not Gary Williams The Secretary of Defense Employer Support Mr. Speaker, many people have devoted or Ralph Friedgen who are bringing home the Freedom Award reflects the exceptional sup- countless hours and unlimited energy to re- hardware. Instead, it’s Thomas Schelling, a port, leadership, and devotion provided by em- ducing the fire danger and restoring the forest University of Maryland professor and 50-year ployers to our brave men and women of the in the San Bernardino Mountains. The task is expert in the concept known as ‘‘game the- Reserve Forces. The importance of employers far from finished, but we have seen two fire ory,’’ who was awarded the Nobel Prize in who are supportive of our enlisted men and seasons now in which no major blaze has Economic Sciences last week. women should never be underestimated, and threatened homes to the extent of the Old The Fifth Congressional District congratu- Rhode Island is proud to have employers like Fire. lates Professor Schelling, whose contributions Citizens Financial Group hard at work in our In recognition of the role he played in con- to economics will influence generations of pol- community. On behalf of my home state, I fronting this threat to whole communities, Fire icy-makers, diplomats, and strategic thinkers. would like to thank Citizens Financial Group Marshall Peter Brierty was presented the 2005 Schelling is best known for his book, ‘‘The for their dedication, and I wish them much National Forestry Heroism Award by the Strategy of Conflict,’’ a groundbreaking effort success in the future.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23431 ENCOURAGE INITIATIVE AND HONORING SHELDON LATZ fessor Berg has dedicated himself to serving SELF-ESTEEM the public and working for social justice. He HON. JERRY WELLER was chair of the Santa Clara University School HON. BOB FILNER OF ILLINOIS of Law Public Interest and Social Justice En- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dowment, which funds financial assistance IN THE HOUSE OF REPRESENTATIVES programs for volunteers and attorneys working Thursday, October 20, 2005 Thursday, October 20, 2005 in public interest and social justice fields. Last Mr. WELLER. Mr. Speaker, I rise today to year alone, the Endowment provided $66,750 Mr. FILNER. Mr. Speaker, I rise today to honor Sheldon Latz who was named the 2004 in summer grants for 23 students working as urge support for a bill I have just introduced, Urban County Engineer of the Year award volunteers with public interest and social jus- H.R. 4095, the Encourage Initiative and Pro- from the National Association of County Engi- tice programs, and $17,000 in Income Supple- mote Self-Esteem Act of 2005. neers during its annual conference. Sheldon ment Grants for attorneys working with similar There are many people in our country who was recently named Urban Engineer of the organizations. receive Social Security Disability benefits Year by the Illinois Association of County En- Professor Berg also has served on the (SSD) because they have a ‘‘waxing and wan- board of directors of several public interest or- ing’’ disease—Behcet’s Disease, Multiple Scle- gineers. That nomination put him in the run- ganizations, and has been active in inter- rosis, Lupus, Parkinson’s, Cancer, AIDS and ning for the national award. national issues, particularly in the Asia-Pacific Arthritis are examples of ‘‘waxing and waning’’ Sheldon has been employed by Will County region. He has been the director of the Singa- diseases. Eric Peterson, who lives in my Con- since June 11, 1961 and has been the County pore-Bangkok summer law program since gressional District, has taught me a great deal Engineer since 1996. When Sheldon first start- about these diseases and the need for a bet- ed working for the County, Interstate 55 was 1984 and is active in dispute resolution organi- ter way for people to seek and keep SSD. new and Interstate 80 did not even exist. A lot zations such as the American Arbitration As- This process of seeking SSD and keeping it of the local roads were graveled and less than sociation and Asia Pacific Organization for is often times an adversarial one. The climate two lanes wide. Today, those same roads are Mediation. of suspicion that applicants and recipients say paved and are four or five lanes wide. Will Prior to coming to Santa Clara University they feel leaves many to view the Social Se- County has gone from a quiet rural area to School of Law, Professor Berg earned his B.A. curity Administration, SSA, with a jaundiced one of the fastest growing counties in the in Economics from the University of Michigan eye. Everyone who actually gains disability United States. According to Sheldon, he is in 1965, and received his J.D. from the Uni- benefits remembers the hoops of fire they had most proud of the CenterPoint development in versity of Michigan School of Law in 1968. He to jump through during the application proc- Elwood which is located on the former Joliet graduated Magna Cum Laude from law ess. As a result, many people often do not Arsenal property. Bringing roads into the de- school, was inducted into the Order of the Coif consider a try at working, fearing that the SSA velopment has been a highlight of his career. and served on the Editorial Board of the Michi- will use that against them to deny future bene- Sheldon’s dream as a child was to be an gan Law Review. fits. With concerns over fraudulent claims, I engineer. He has a passion for road work that After earning his J.D., Professor Berg was can understand how this environment came to has never left his system. His love for the pro- an Associate in Law at the University of Cali- be. But that doesn’t make it right. fession has prompted Sheldon to become a fornia, Berkeley School of Law, Boalt Hall, a For people with ‘‘waxing and waning’’ dis- Joliet Junior College Adjunct Professor in Reginald Heber Smith Fellow in Poverty Law, eases and conditions, they know that they will 1974 where he has taught several courses in and Staff Counsel and Economic Development have good days and bad. They know that, architecture, engineering and construction. Specialist, at the National Housing and Eco- barring a cure, they will always be sick, but Sheldon served in the United States Army as nomic Development Law Center in Berkeley, that does not diminish their spirit. There needs an Army medic and a Preventive Medicine California. He also published an article in the to be a program that encourage people in this Specialist teaching sewage and water treat- San Diego Law Review on a major class ac- situation to secure temporary employment ment process and prevention of water borne tion case, Zahn v. International Paper in 1974, when they feel they can work without placing diseases. and a short article on Prisoners’ Rights and their SSD at risk for the times they cannot Not content to stay on the sidelines, Shel- Jail Conditions in the et al Magazine in 1970. work. don also serves on several local boards which On a personal level, I played a key role in Currently, if a person makes more than includes Howell Shooting Club and the Howell helping Richard to marry his wonderful wife of $810 a month, disability benefits will stop. If Youth Shooting Camp. The camp gives girls many years, Mare, and we meet every year at one makes $810 but then has less money and boys an opportunity to come together the SCCS graduation to enjoy the past and than his SSD, there is no incentive to work. under a formal program to experience and plot the future of our wonderful law school as H.R. 4095 would install a system based on a grow in their appreciation of shooting sports. well as our wonderful country. sliding scale. The more money one earns, the Sheldon and his wife Janice have four children As an alumna of the Law School, it is an fewer benefits he or she receives. But there and seven grandchildren. honor to recognize Professor Berg’s contribu- will be a built-in incentive to stay the course Mr. Speaker, I urge this body to identify and tions to the legal community and the Santa because the total monthly income when work- recognize other individuals in their own dis- Clara University School of Law. Professor ing will be more than either the work income tricts whose actions have so greatly benefitted Berg instilled in thousands of students an or SSD. and strengthened America’s families and com- awareness of social justice, and inspired In addition, if a person makes $300 or more munities. countless attorneys to dedicate their careers a month, their review is put aside. This incen- f to making ‘‘Equal Justice Under Law’’ a reality. tive will further encourage people to push f themselves to continue working if at all pos- HONORING PROFESSOR RICHARD sible. P. BERG INTRODUCING THE NATIONAL Imagine a situation where those on SSD EMERGENCY CENTERS ESTAB- who have diseases that ‘‘wax and wane’’ HON. ZOE LOFGREN LISHMENT ACT could work, without fear, when able. That OF CALIFORNIA would be a lot of money put back into the IN THE HOUSE OF REPRESENTATIVES HON. ALCEE L. HASTINGS Treasury in payroll withholdings and taxes— Thursday, October 20, 2005 OF FLORIDA and more money put into the economy in in- IN THE HOUSE OF REPRESENTATIVES creased purchasing, not to mention the con- Ms. ZOE LOFGREN of California. Mr. Thursday, October 20, 2005 tribution to society and elevated self-esteem of Speaker, I rise to honor Professor Richard P. the workers. Think about the faith these peo- Berg for 31 years of teaching, scholarship and Mr. HASTINGS of Florida. Mr. Speaker, I ple would have in a system of government service to the Santa Clara University School of rise today to introduce the National Emer- that treats its people with dignity and respect Law. gency Centers Establishment Act. Many of us instead of suspicion and contempt. Professor Berg has served as a Professor share the belief that the Federal Government’s I urge my colleagues to support H.R. 4095 of Law at the Santa Clara University School of response to Hurricane Katrina was disorga- improve the lives of thousands of Americans. Law for 31 years. Throughout his tenure, Pro- nized and inadequate. FEMA was far too slow

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23432 EXTENSIONS OF REMARKS October 20, 2005 to arrive, and evacuees were left stranded in Among her many accomplishments, Mrs. troversy. I encourage you to engage with the massive shelters with egregious standard of James has served her community and her issues that are raised. If you don’t agree or living violations. Victims of the storm are now State as the Alabama Democratic Conference don’t like what you hear, challenge it. I be- spread all over the country, costing the gov- lieve that we should take in what every rea- Chairperson from 1992 to 1996. Additionally, sonable person has to say, to inform our de- ernment $11 million per day just to house only she was appointed by Governor Fob James cisions, because that is the best way to find a portion of evacuees in hotels. Tens of thou- as the first volunteer Deputy Registrar in Madi- the truth. In our pursuit of the truth, I en- sands are still living in inadequate shelters son County, has served on the Huntsville City courage you to emulate the courage and the and even tents—months after the storm—with Schools Advisory Council, the Family Service determination of the September 11th fami- little assurances for their safety and security. Center Board, and has volunteered with the lies in their struggle to know what really These two problems—increasing the avail- Madison County Board of Volunteers and Cor- happened. ability of temporary housing in times of na- rections, the NAACP, and many more. 9/11 Families Report tional emergencies and improving training and Furthermore Mr. Speaker, Mrs. James con- Ms. LORIE VAN AUKEN: A thorough and preparedness for national emergencies—must tinues her extraordinary work throughout the definitive investigation by the Commission be resolved to ensure that the humanitarian community today. Currently, she volunteers at . . . would have subpoenaed for the informa- catastrophe that occurred in the gulf coast and two community schools to help children learn tion it required and examined the plethora of information that other citizens and groups continues to happen today will never occur to read. Mrs. James also continues to inspire again. responsibly provided. . . . it would have re- others to take an active role in the community. ported all of its findings with its redactions I come to the floor today to introduce the In addition, she works to organize voter reg- blacked out and submitted to the American National Emergency Centers Establishment istration drives and absentee ballots for people people. In essence, the Commission could Act. My bill establishes no fewer than six Na- who cannot go to the polls. have produced a final product where the re- tional Emergency Centers spread throughout Mr. Speaker, Mrs. James has had a tremen- sulting conclusions and recommendations the United States. The Centers would be dous positive impact on our community in could be trusted. Instead, at the end of the used, first and foremost, to provide temporary Huntsville. On October 21st, Mrs. James’ fam- day, what we got were some statements that truly insulted the intelligence of the Amer- housing, medical and humanitarian assistance, ily and friends are gathering to celebrate her including education, for individuals and fami- ican people, violated our loved ones’ memo- 80th birthday with a surprise party. I rise, on ries, and might end up hurting us one day lies displaced due to an emergency. The Cen- behalf of everyone in North Alabama to thank soon. ters would also serve as a centralized location her for everything she has done for the area One such statement was that 9/11 was a for the training and coordination of first re- and to wish her a happy and healthy 80th failure of imagination: a failure of whose sponders in the instance of an emergency. In year. imagination? What exactly does that mean? turn, the Centers will improve the coordination When you have a CIA Director with his hair f of preparedness, response and recovery ef- on fire, a system blinking red, 52 FAA warn- forts between government, private, not-for- THE 9/11 COMMISSION FINAL ings, an August 6, 2001 PDB entitled ‘‘Bin profit entities and faith-based organizations. REPORT ONE YEAR LATER Laden Determined to Strike in the United The National Emergency Centers would be States,’’ leads on several 9/11 hijackers . . . warnings from many foreign governments, a located on military bases, with a preference HON. CYNTHIA McKINNEY Phoenix memo, warning of Islamic extrem- wherever possible for those installations OF GEORGIA ists taking flying lessons, the arrest of would closed during the most recent BRAC round. I be terrorists Zacarias Moussaoui, facts im- IN THE HOUSE OF REPRESENTATIVES am proposing these sites because the nec- parted to one agent, Agent Frasca, at the essary infrastructure to house, feed, educate Thursday, October 20, 2005 RFU of the FBI, 9/11 was truly a failure, all right, but I would certainly not call it a fail- and care for evacuees over an extended pe- C Ms. M KINNEY. Mr. Speaker, I wish to ure of imagination. Another outrageous riod of time is already in place, thus limiting enter the following into the CONGRESSIONAL the cost and time needed to construct these statement made at the time of the release of RECORD: the 9/11 final report that got a fair amount of facilities. media coverage was the one ‘‘Everyone’s to Mr. Speaker, our Nation was not prepared THE 9/11 COMMISSION REPORT ONE YEAR LATER blame, therefore, no one’s to blame.’’ The for the disastrous hurricanes that struck the problem with that assumption is that it cre- A CITIZENS’ RESPONSE: DID THE COMMISSION gulf coast last month. The establishment of ates a no fault Government, and a no fault GET IT RIGHT? National Emergency Centers will go a long Government does nothing to ensure that way to ensuring that our response to national A Congressional Briefing Convened on the First things will be different or better in the fu- emergencies are not as disastrous as the dis- Anniversary of the Release of the 9/11 Com- ture. When you hold people accountable, it mission Report, Friday, July 22, 2005 asters that created the emergencies in the first serves as a deterrent for those that would re- place. EXCERPTS FROM THE TESTIMONY peat that same behavior in the future. For I ask for my colleagues’ support and urge Opening Remarks the record, I would like to see that assump- tion restated to read ‘‘Everyone’s to blame, Rep. CYNTHIA MCKINNEY: Last year, we the House Leadership to bring this legislation therefore, everyone’s to blame.’’ In fact, the got the final report, an extensive, prosaically to the floor for its swift consideration. fact that there has been no accountability impressive report, but as some of us sat f for the failures that led to the deaths of al- down to read it, the errors and omissions im- most 3,000 people is truly unconscionable and mediately jumped out at us. How was it that TRIBUTE TO ROSETTA JAMES irresponsible on the part of all of our na- it took over an hour after the first trans- tion’s leaders. The tools of democracy avail- ponder went off before planes were scrambled able to the citizens of America to address HON. ROBERT E. (BUD) CRAMER, JR. to meet the threat, all of them too late? these issues are incredibly limited. We asked OF ALABAMA What happened to those reports that sur- for an independent commission to inves- IN THE HOUSE OF REPRESENTATIVES faced within months of September 11th stat- tigate 9/11 because that was the only tool ing that seven or more of the alleged hijack- Thursday, October 20, 2005 that we, as American citizens, had access to, ers had come forward and claimed they were and hoped that our leaders, the members of Mr. CRAMER. Mr. Speaker, I would like to victims of stolen identities and were alive Congress and the American public, would en- take this opportunity to recognize one North and well, living in Saudi Arabia, Morocco, sure its validity and that its ensuing rec- Alabama’s most compassionate citizens, Mrs. and Tunisia? Why did the Commission ommendations would make us all safer, as Rosetta James. Mrs. James, who is cele- choose not even to address this? What about safe as we could reasonably expect to be in Osama bin Laden and his role in the brating her 80th birthday in Huntsville, Ala- the event of another attack. Sadly, as Amer- Mujahedin backed by the CIA in the 1980s to bama has done a great deal to help further icans, we have all been let down. fight the Soviets? The Commission didn’t go the quality of life for all individuals in our com- Behind the 9/11 Commission: Flaws in the munity. there . . . We cannot afford to shy away from inconvenient truths. Many of you may find Process Mrs. James was born in Akron, Alabama what you hear today to be inconvenient in- Mr. JOHN JUDGE: This Commission’s re- After 27 years in the State of New York, she formation. Dr. Martin Luther King, Jr. said port is not a rush to judgment. It’s rather a returned to her home State in 1973, and has the ultimate measure of a man is not where rush to exoneration. It fails to really hold spent the last 32 years serving in various he stands in moments of comfort and con- people to accountability . . . By approaching community, church, and civic roles. venience, but times of challenge and con- the whole matter as an intelligence failure

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23433 in the report, it obscured the evidence that the local FAA center that they contacted 9/11 in Historical Perspective: Flawed what was normally a standard operating pro- were in complete lack of contact with the Assumptions cedure in the period prior to 9/11 fell apart, outside world during this time, that they Ms. LORETTA NAPOLIONE: . . . we need apparently, in the months around and on were unaware, unlike the tens of millions of to implement a forward looking anti-ter- that day. It led to them pursuing leads and people who had been watching CNN, that rorist policy, one which predicts the enemy’s suspects, basically accepting earlier reports there was an ongoing crisis, that planes had next move. . . . a forward looking anti ter- without doing further follow up, blaming crashed into the World Trade Center, two rorist financing policy should look at the sit- certain suspects, even though the evidence is planes. They are saying that all the way uation in Congo, isolated as a potential area we don’t yet clearly know who the suspects until 9:20, there has been over half an hour where terrorist financing could take place. were that got onto the plane, and that’s be- now where this has been the breaking news, In order to prevent that, it should dismantle cause several people have come forward say- that nobody in this entire Indianapolis flight this business of smuggling gold . . . Of ing that their identity was stolen, basically, control center or the FAA center had any course, a forward looking approach in the by these people. We are left with a story that idea that any of this had been happening. fight against terrorism will require the full comes from people that we can’t get to, and participation of the private sector, and a we are left with a story that perhaps is giv- We know that just isn’t true. In fact, there was one news report saying that other cen- multilateral policy. One country alone, not ing us the wrong direction in terms of how even if it is the United States, can actually we are looking. Until we open up the report ters such as theirs had been notified of the crisis long before the first plane even crashed fight this war on terror alone. Among other and until we can look at the actual evidence things, this policy, if implemented, will then and compare it, and begin to actually inves- into the World Trade Center. What we see is an account coming from the 9/11 Commission cut the link between crime and terror. Ter- tigate further on many of the areas that the ror will not any longer be a very profitable that in my opinion is just frankly impos- Commission ignored, then we have a report partner for crime. Breaking the link between sible. that doesn’t eventually serve the mandate crime and terror would already be a step for- that this Commission was required to take Mr. JOHN NEWMAN: An FBI team work- ward, which you have not yet made. care of, looking at the truth of terrorist acts ing with cell phone numbers provided by In- Ms. ANNE NORTON: Neoconservative for- upon the United States. dian intelligence uncovered a new smoking eign policy centers on a fear of world govern- Mr. MELVIN GOODMAN: The most impor- gun. They learned that the chief of the ISI, ment and the international institutions that tant individual to me, other than a commis- Mahmood Ahmed, had ordered Saeed Sheikh might lead to it, most notably, the United sioner, was the staff director, Philip to send $100,000 of the kidnapping ransom to Nations, a rejection of multilateralism, and Zelikow. His conflicts of interest were so Mohamed Atta a month before the 9/11 at- as they say, above all, the ability to distin- great that you do have to wonder why this tacks. This ugly detail emerged when the guish friends from enemies . . . Europeans individual was appointed to head this impor- FBI team ran traces on Saeed Sheikh’s cell regard neoconservatism with special skep- tant staff of over 80 people. He had very phone number beginning in July; the ISI ticism, and they do so, as you might have al- strong ties to the George Herbert Walker chiefs number was among the regular people ready realized, because they know its pro- Bush Administration. Very strong personal that Saeed Sheikh communicated with. On genitors all too well, the desire for the com- and political and policy ties to Condoleezza October 7th, President Musharraf sacked bination of traditional values, the desire for Rice. More importantly, Philip Zelikow was Ahmed for this notorious act. This story was an expansion of executive power, the ambi- running the case study program at Harvard widely covered in the press around the world, tion to create a new world order, and the which took millions of dollars from the Cen- not covered here in the United States . . . identification of a providential enemy are all tral Intelligence Agency over a ten year pe- It’s hard to imagine a revelation more dam- parts of a very familiar past, the shadows of riod to write case studies on the CIA, to es- aging than the fact that Pakistan’s intel- German national socialism and 19th Century tablish a record that was essentially untrue ligence service and most powerful Army European empires fall very heavily on the with the facts about the work of the CIA. Of commanders were behind the 9/11 attacks neo conservative project. As the Administra- course, the classic case study that Philip and the paymaster, a known terrorist who tion responded to 9/11, this influence became Zelikow chaired, along with Ernest May, had been able to carry out his mission be- increasingly evident. who was his patron at the Harvard Kennedy cause the U.S. and U.K. had set aside justice Mr. PETER DALE SCOTT: The 9/11 report School, was the case on the Soviet Union, for his crimes . . . that a sovereign govern- describes Ali Mohamed as ‘‘a former Egyp- how the CIA got it right. You know, the poli- ment and supposed ally was so directly in- tian Army officer who had moved to the tics of getting it right. Of course, as we all volved in the 9/11 atrocity must have stunned United States in the mid 1980s, enlisted in know, one of the greatest disasters of and deeply embarrassed the American Ad- the U.S. Army, and became an instructor at politicization of intelligence that occurred ministration . . . The story of Saeed Sheikh Ft. Bragg, as well as helping to plan the even before the Iraq war was over the bombing of the U.S. Embassy in Kenya.’’ In politicization of intelligence on the Soviet and the generals are only lightly covered in western media, and only one American news- fact, Ali Mohamed was a very important al Union. Who did Philip Zelikow bring into the Qaeda agent who, as the 9/11 Commission was staff structure as a team leader on his staff? paper, the Wall Street Journal, carried it on October 10th. told, ‘‘trained most of the al Qaeda’s top None other than Douglas MacEachin, who leadership, including persons who would was serving a tour up at the Harvard Ken- The 9/11 Commission report which carries later carry out the 1993 World Trade Center nedy School. Who was Douglas MacEachin? Mustafa al-Hawsawi as the paymaster and bombing.’’ Ali Mohamed clearly enjoyed U.S. Douglas MacEachin was the head of the So- Sheikh Saeed as the al-Qaeda CFO, has protection. In 1993, he was detained by the viet analysis job during the 1980s . . . respon- dodged the issue, and does not say if the two RCMP in Canada, and a single phone call to sible for most of the politicization of intel- are the same or not. Thus, technically, even the United States secured his release. This ligence. Here you have Philip Zelikow from if the Commission staff knew the truth, they enabled him to play a role in the same year Harvard and the case study program, and have not told a bald lie. The Administration in planning the bombing of the U.S. Embassy Douglas MacEachin, as a team leader on officials speak on terms of anonymity and in Kenya in 1998. Eventually, he was allowed Zelikow’s staff, making serious decisions were told that the Justice Department had to plea bargain and receive a secret sen- about the need for change within the intel- pressed the National Security Council to tence. We don’t know what the sentence is ligence community. have Saeed Sheikh extradited. One might be . . . The amazing thing, although he was Omissions and Errors in the Commission’s Final justified in asking the question why would named as a conspirator in that bombing, he Report the National Security Council have to be was not an indicted conspirator, which itself Mr. PAUL THOMPSON: The 9/11 Commis- pressed to extradite a murderer of U.S. citi- is evidence of something going on behind the sion claims it wasn’t until 9:20 when Indian- zens? By late February [2002], the issue was scene. Congress should determine the true apolis communicated with the FAA com- moot. Pearl was murdered, and Musharraf relationship of the U.S. Government to Ali mand center and notified them that Flight 77 swore he would personally hang him [for Mohamed, who was close to Bin Laden and was missing, and then the information start- Pearl’s murder] before turning him over to above all, al Zawahiri, who has been called ed to get out to other command centers, but the Americans, unlike Khalid Shaikh Mo- the main player in 9/11. This is very impor- still, NORAD wasn’t notified. We are talking hammed and Ramzi bin al-Shibh, whom he tant, I think, whereas the report focuses al- over half an hour later, the plane has been did turn over. Of course, they had not been most uniquely on Khalid Shaikh Mohammed missing, still no one notifies NORAD, until western penetrators of al-Qaeda . . . We can and Ramzi bin Al Shibh. Many other sources finally 9:34, three minutes before the plane no longer say we are protecting sources and independently say the main figure and the crashes, and then it was only mentioned in- methods about a story known to the rest of top brains in al Qaeda was al Zawahiri, who advertently in passing when talked about this planet. We are now mocked for our igno- Ali Mohamed was clearly close to. with something else. rance about this story, and even members of Mr. NAFEEZ AHMED: In April 1991, ac- In order for this to be true, the 9/11 Com- Britain’s Parliament poke fun at us. It is cording to a classified U.S. intelligence re- mission is making the claim essentially that long past time to come clean about Saeed port, then head of Saudi Intelligence Serv- the Indianapolis flight control center and Sheikh. ices, Prince Turki al Faisel, struck a secret

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23434 EXTENSIONS OF REMARKS October 20, 2005 deal with Bin Laden, despite his being under I had dinner with one burn victim, 75 percent a very interesting man, now deceased, Ar- house arrest for his opposition to the pres- of her body, an African/Columbian. She lost thur Macy Cox, who was George Kennan’s ence of U.S. soldiers. Under this deal, al- her three children and her husband. I said, I principal assistant when George Kennan, though the regime would publicly disown feel sorry for myself sometimes. That woman post World War II, was head of the State De- him, Bin Laden was permitted to leave Saudi could sit there and laugh with me, because partment’s Planning Office . . . His book is Arabia with his funding and supporters. you have a bond with people who have suf- called The Myths of National Security, the Moreover, the regime would continue to fund fered. That is what we have to think about. Peril of Secret Government . . . published by his activities on the condition that he does It’s the civilians, the 25,000 civilians in Iraq Beacon Press in 1975: not target the Saudi kingdom himself. that have died, and 500,000 people in Iraq that ‘‘The drafters of the Constitution provided Posner’s accounts of a secret agreement be- have died in the 1990s. What is this foreign us with an ingenious system of Government tween Bin Laden and Saudi intelligence is policy that we have? We talk about Pax based on machinery to check and balance the significant because he argues this was known Americana. In Latin, does that not mean use of power, but they did not anticipate the to U.S. intelligence, this wasn’t something American peace? Have we perpetrated peace problem of secret Government, nor has that that we didn’t know. Levivier also inter- in this world? Have we, since 1945? I think problem been dealt with in subsequent con- viewed a CIA analyst about the role of the not. stitutional amendments. Despite a lack of Mujahedin. This CIA agent said ‘‘The policy Domestic Policy: Immediate Response and safeguards, a large consensus of the Amer- of guiding the evolution of Islam and of help- Recommendations ican public since World War II, has granted ing them against our adversaries worked Ms. ELAINE CASSEL: Four years since to succeeding presidents extraordinary se- marvelously well in Afghanistan against the September 11th, almost four years, and one cret powers to protect the security of the na- Red army. The same doctrines can still be year since the 9/11 Commission’s report, crit- tion. The people felt that in matters of na- used to destabilize what remains of Russian ical infrastructures and resources are unpro- tional survival, the President should be power, and especially to counter the Chinese tected, and protections are unplanned, as far given total trust. He should be allowed to influence in Central Asia.’’ When I read this, as I know. Co-Chair of the panel, Lee Ham- make decisions in secret to protect our na- I was quite surprised. Could this really be ilton, mentioned that this morning in a press tional security, but democracy and secrecy possible? briefing. He was very frustrated by that, and are incompatible and it has now become Suffice it to say in conclusion, this is a he mentioned these are difficult tasks to clear that secret powers should never have phenomenon I have discovered to be paraded take on. Yes . . . it’s hard to try to assess been delegated without guarantees of ac- throughout many regions in the Middle East the risk to our critical infrastructure and to countability to the people’s representatives and Central Asia. It is a very worrying phe- intervene and prevention . . . It’s easy to in the Congress.’’ nomenon. It fundamentally challenges the open a file on demonstrators against the Ad- Mr. JOHN NUTTER: As I listened to David, whole paradigm of the war on terror. If we ministration’s policies and conduct surveil- I was struck by the various documents that are allying ourselves in some manner with al lance on the ACLU and Greenpeace, as the I’ve read in my scholarship, documents like Qaeda in this rather direct way, how can we Washington Post reported last week. I seri- the Tower Commission report on Iran fight a war and win? It just doesn’t make ously doubt that the ACLU and Greenpeace Contra, the Church Committee, the Pike any sense. are terrorist organizations. In fact, if they Committee, and its recommendations, the were, the Government would have shut them Foreign Policy: Immediate Response and Taylor Committee, which some of you may down. Why are we paying the FBI’s counter- Recommendations recognize as the postmortem on the Bay of terrorism unit to amass thousands of files on Pigs . . . One could very easily take the rec- Mr. WAYNE SMITH: The 9/11 Commission these organizations and individuals? report says that the United States should en- Mr. C. WILLIAM MICHAELS: I still do not ommendations from any of those reports, cut gage its friends to develop a common coali- think the case has been made that civil lib- and paste them into the 9/11 Commission, tion approach toward the detention and hu- erties of any sort must be compromised so and you wouldn’t be able to tell the dif- mane treatment of captured terrorists. New we can get to the bottom of what terrorist ference. principles might draw upon Article 3 of the conspiracies may or may not be operating Closing Remarks Geneva Conventions on the law of armed within the United States. All of this plus the Rep. CYNTHIA MCKINNEY: I would just conflict. That article was specifically de- scope and approach of the 9/11 Commission like to say after we have heard all of the tes- signed for those cases in which the usual recommendations, which deal with every- timony that has been presented to us today, laws of war did not apply. In other words, thing from the FBI, passports, driver’s li- there is one thing that is very clear, and that these cases in which our Government tells us censes, airline passengers, brings me to the is that we must know what our Government the Geneva Conventions don’t apply. The final points. And that is the effect we may be is doing in our name. The American people minimum standards are generally accepted seeing as these varied parallel developments, have to inform themselves, despite the fail- throughout the world as customary inter- including, of course, the conflicts in Iraq and ure of the corporate press, to investigate the national law. What does Article 3 call for? Afghanistan, the situation in military com- information in the public domain that pro- Well, among other things, it prohibits out- missions in Camp Delta, Guantanamo Bay, vides answers to our questions. Today is a rages . . . upon personal dignity, in par- which continue to unfold as we dispense with very special day because we have brought ticular, humiliating and degrading treat- the legal preliminaries, and U.S. citizens truth to Capitol Hill. ment. All these practices of stripping the held as enemy combatants, come to a single f prisoners naked, putting women’s underwear point, which should be considered as we con- or perhaps even men’s underwear on their tinue with this national debate as what PERSONAL EXPLANATION heads, is degrading treatment. It is prohib- might be on the horizon at that point. Here ited by international law. . . . I’m not age- they are, 12 common characteristics of a na- less, but I have lived a long time, and I don’t tional security state: HON. SUE WILKINS MYRICK remember ever having been ashamed of what 1. Visible increase in uniformed security OF NORTH CAROLINA we were doing to foreign prisoners. In World personnel. IN THE HOUSE OF REPRESENTATIVES War II, we treated prisoners well, let’s say 2. Lack of civil accountability for the ac- soldiers. Even German spies arrested in the tions of law enforcement and security per- Thursday, October 20, 2005 United States were not treated in a degrad- sonnel. Mrs. MYRICK. Mr. Speaker, I was unable to ing manner . . . This is not an intelligent 3. Reduced role of the judiciary and execu- tive treatment of suspects. participate in the following votes on October way to proceed in our struggle against ter- 4. Secrecy of ruling authority and momen- 19, 2005. If I had been present, I would have rorism. We ought to get back to full respect tum of the threat. voted as follows: for international law, and fully humane 5. Media in the service of the state. On rollcall vote No. 529, on agreeing to treatment of all prisoners, without any ex- 6. Public and national resources called to Jackson-Lee of Texas amendment to H.R. ception. service against security threat. Mr. ROBERT MCILVAINE: I had an unbe- 7. Patriotism moving to nationalism. 554—the ‘‘Personal Responsibility in Food lievable opportunity to go to Bogota. I 8. Lack of critical response by religious de- Consumption Act of 2005,’’ I would have voted haven’t flown since 9/11. Not that I’m nec- nominations. ‘‘no.’’ essarily afraid, but I just won’t fly. I’ve 9. War time mentality and permanent war On rollcall vote No. 530, on agreeing to Fil- learned too much about the shoe bomber. I’m economy. ner of California amendment to H.R. 554—the 10. Targeted individuals or groups. just not going to leave the country. Bogota, ‘‘Personal Responsibility in Food Consumption they have an international conference on vi- 11. Direct attack against dissent. olence and terrorism, and they called me to 12. Increased surveillance of citizenry. Act of 2005,’’ I would have voted ‘‘no.’’ speak down there. I decided to do it. There Intelligence Reform: Immediate Response and On rollcall vote No. 531 on agreeing to were probably about 2,000 people in the audi- Recommendations Scott of Virginia amendment to H.R. 554—the torium, the first two rows were all victims. Mr. DAVID MACMICHAEL: the quote I ‘‘Personal Responsibility in Food Consumption 13 year olds with legs missing. Burn victims. want to give you is from a book written by Act of 2005,’’ I would have voted ‘‘no.’’

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23435 On rollcall vote No. 532, on agreeing to The border demarcation crisis is an existen- INTRODUCTION OF THE ENERGY Waxman of California amendment to H.R. tial threat to the security of Eritrea. The dia- PRICE DISCIPLINE ACT OF 2005 554—the ‘‘Personal Responsibility in Food logue and discussion now being requested by Consumption Act of 2005,’’ I would have voted Ethiopia has already occurred and is articu- HON. FRANK A. LoBIONDO ‘‘no.’’ lated by the EEBC. This fact underlies Eri- OF NEW JERSEY On rollcall vote No. 533, on passage of H.R. trea’s unwillingness to dialogue further with IN THE HOUSE OF REPRESENTATIVES 554—the ‘‘Personal Responsibility in Food Ethiopia or with U.N. Special Envoy Lloyd Thursday, October 20, 2005 Consumption Act of 2005,’’ I would have voted Axworthy on border demarcation. The failure ‘‘yes.’’ to resolve the border impacts all aspects of Mr. LOBIONDO. Mr. Speaker, I rise today in f thinking in Eritrea. Eritrea believes that pro- support of the ‘‘Energy Price Discipline Act of tecting the security and sovereignty of the na- 2005.’’ This timely and important piece of leg- THE ERITREA-ETHIOPIA BORDER tion is the first responsibility of the govern- islation will ensure that the Federal Trade DISPUTE NEEDS AMERICAN ment. Commission (FTC) has the tools to investigate LEADERSHIP Let me make one thing perfectly clear: Ethi- and strongly prosecute price gouging across opian troops are occupying sovereign Eritrean the nation by those refining, selling, or ship- HON. DANA ROHRABACHER territory today and have done so for years. ping crude oil, gasoline, diesel fuel, natural gas, or petroleum distillates. OF CALIFORNIA Because Eritrea is a small developing coun- IN THE HOUSE OF REPRESENTATIVES Today, Americans are paying more than try the current situation puts into effect enor- ever before for the fuel they need to run their Thursday, October 20, 2005 mous internal pressures. But Eritrea will not cars and heat their homes. Even before the Mr. ROHRABACHER. Mr. Speaker, the compromise its national sovereignty, and will devastation of Hurricane Katrina, consumers United States and Ethiopia have a long diplo- instead invoke the right to self-defense as ar- were paying almost a dollar more than they matic history. It is a place that many Ameri- ticulated in Article 51 of the U.N. Charter and were a year ago for a gallon of gas. And in cans are familiar with. move to secure its territory by force as the the days following this disaster, average gas Next door to Ethiopia spreading out along international community fails to implement and price rose an additional 45 cents per gallon— the strategic Red Sea coastline is Eritrea, a enforce the rule of law and U.N. Security with reported prices of nearly $6.00 at some relatively new country, and a place that few Council resolutions. stations in the affected areas. Americans seem to fully understand. I am confident that if President Bush knew And, as the days get shorter and the air The United States wants to have a good re- the details of this situation personally, that he gets colder, more and more people are wor- lationship with both Ethiopia and Eritrea. How- would be very disappointed in the officials re- rying about how they are going to be able to ever, bilateral ties with both are weak and de- sponsible for this weak policy. It does not re- heat their homes this winter. According to fig- teriorating. flect the President’s love for freedom and jus- ures released last week by the U.S. Energy This situation can be corrected, but it will tice. Our policy leads nowhere but to war. Information Administration, households heating take more interest and involvement by senior That is unacceptable. their homes with natural gas can expect to leaders in the U.S. government. Someone has this problem figured out spend about 48 percent more, or an additional Congress is doing its part. wrong. Today’s approach mirrors the thinking $350, on fuel this winter. Those with heating Chairman CHRIS SMITH and Representative of the Clinton Administration. One wonders oil can expect a 32 percent increase, or on av- DON PAYNE of the Africa subcommittee have where the Republican appointees are in the erage about $378 more. held hearings on the border dispute earlier this policy-making process concerning this part of But as Americans look deeper into their wal- year and have recently traveled to the region. the world. lets to put gas in their cars to get to work or Last year Congress passed Senate-origi- There is active discussion among Members to heat their homes, both oil companies and nated legislation, which became law, restrict- about potential solutions. One common aspect U.S. refineries are on track for record profits. ing assistance to Ethiopia or Eritrea for non- of all potential courses of action is that more I believe that consumers across the country compliance to the Eritrea-Ethiopia Border U.S. leadership is needed. should have the right to know that the prices Commission findings. Unfortunately, in Janu- they are struggling to pay are legitimate and U.S. leadership makes a difference. Clear ary 2005, the executive branch waived this that no one is profiting unjustly at their ex- policy statements by President Bush and other provision on national security grounds. I say pense. senior officials preceded Charles Taylor leav- ‘‘unfortunately’’ because it is because of our For this reason, I am introducing the ‘‘En- ing Liberia, Syrian troops leaving Lebanon, national security interest that the provision ergy Price Discipline Act of 2005.’’ This bill will Israeli settlements leaving Gaza, Viktor should have been kept in place. Uncertainty give the FTC broad discretion to investigate Yuschenko’s election as President in Ukraine on the border issue creates uncertainty in the and, if necessary, strongly prosecute who- and so many other recent developments. region. ever—whether it is a gas station owner, a pe- Members have written letters to Secretary China is paying attention to this region. troleum company, or a refiner—is guilty of ma- Rice and President Bush. We have urged Sudan has thousands of PRC advisors work- nipulating the price of crude oil, gasoline, die- them to clarify our policy and to become en- ing in the oil and gas business as well as mili- sel fuel, natural gas, or petroleum distillates. gaged in this increasingly volatile part of the tary advisors. China is rapidly expanding its The ‘‘Energy Price Discipline Act of 2005’’ world. The responses from the State Depart- relationship with Ethiopia and Eritrea. These recognizes that in today’s global economy ment have been unhelpful and lead us to be- relationships with China will falter over time, consumers in states far removed from a trag- lieve that either there is no policy, or the policy but right now Beijing seems to be paying at- edy like Hurricane Katrina may see the results is to apply political pressure on Eritrea until tention to the Horn of Africa and we appear to of it in their energy prices—often for legitimate there is war—and then blame Eritrea for not be asleep at the switch. Someone at the State reasons, but sadly also as a result of price compromising with Ethiopia—or continuously Department needs to wake up before it is too gouging. In my home State of New Jersey, pressure Eritrea until they agree to renegotiate late. residents voiced concerns over fair and honest the final and binding decision of the EEBC. Mr. Speaker, the Congress is calling on the treatment when purchasing gasoline for weeks From Eritrea’s perspective, everything de- Administration to make a clear statement of before a federal emergency declaration was pends on full implementation of the EEBC de- our policy on the Eritrea-Ethiopia border de- declared and state price gouging statutes cisions. The U.S. supposedly supports the marcation issue. A clear statement urging were triggered. EEBC decisions, but if it does, then its support Ethiopia to unconditionally and swiftly imple- For these reasons, the bill does not require appears to be very weak. ment the EEBC’s final and binding decision a federal emergency declaration to be issued The U.S. policy, whatever it is, has one will set in motion positive forces that enable before the FTC could begin an investigation. clear result: the status quo remains in place. success. Further, such clarity would go a long Instead, the bill sets out specific factors for the Unfortunately, the status quo is untenable way to starting a process that would very likely FTC to use to determine whether the com- and will ultimately result in a renewal of hos- resolve this knotty border matter through a modity is being sold at an unjust or unreason- tilities. The current stalemate is clearly driving peaceful and diplomatic process rather than able price. If the FTC makes the determination the region towards war. by more bloodshed. that price gouging exists, the bill ensures that

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23436 EXTENSIONS OF REMARKS October 20, 2005 the violator, whether an individual or a cor- the advancement of initiatives that support and IN RECOGNITION AND REMEM- poration, is subject to strong civil and criminal provide opportunity for all. BRANCE OF LIFE OF REVEREND MONSIGNOR ROBERT D. GOODILL penalties. During Hispanic Heritage Month, I urge all Americans in every corner of the country of my colleagues to join with our fellow citi- are today being faced with unprecedented en- zens in celebrating this rich and diverse cul- HON. PHIL ENGLISH ergy costs. We owe it to our constituents to OF PENNSYLVANIA ensure that no one is profiting unjustly at their ture, and I encourage all Americans to recog- IN THE HOUSE OF REPRESENTATIVES nize the significant role Hispanics play in cre- expense. I urge my colleagues to speak for Thursday, October 20, 2005 them and to support the ‘‘Energy Price Dis- ating and building this great country. cipline Act of 2005.’’ Mr. ENGLISH. Mr. Speaker, I rise today in recognition and remembrance of the life of f f Reverend Monsignor Robert D. Goodill, who HISPANIC HERITAGE MONTH HONORING CERRITOS COLLEGE tragically died on April 1, 2005 from injuries sustained in a car accident while in Mexico. For nearly seven decades, Reverend Mon- HON. MARIO DIAZ-BALART ´ OF FLORIDA HON. LINDA T. SANCHEZ signor Goodill selflessly served the citizens of northwestern Pennsylvania, acting as both a IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA community leader and spiritual counselor for Thursday, October 20, 2005 IN THE HOUSE OF REPRESENTATIVES countless individuals. He was a man deeply Mr. MARIO DIAZ-BALART of Florida. Mr. devoted to his church and his community, Speaker, I rise today in recognition of Hispanic Thursday, October 20, 2005 dedicating the entirety of his life to the better- ment of both. Heritage Month and pay special tribute to the Ms. LINDA T. SA´ NCHEZ of California. Mr. extraordinary contributions of Hispanics to- Reverend Monsignor Robert D. Goodill was Speaker, Cerritos College celebrates its 50 wards our great nation. Hispanic Heritage born in Erie, Pennsylvania on October 23, Month, which began on September 15th, com- years of dedication, tradition, and influence in 1912. He attended St. Patrick grade school memorates the anniversary of independence the 39th Congressional District and southeast and later attended Cathedral Preparatory for five Latin American countries—Costa Rica, Los Angeles County. It stands as an honored School. In 1935, Reverend Monsignor grad- El Salvador, Guatemala, Honduras, and Nica- institution within the surrounding communities uated from Catholic University of America with ragua. In addition, Mexico and Chile both de- and continues to provide excellent education an M.A. in Philosophy. Following his clared their independence in the month of and training to thousands of students year ordainment as a priest at Our Lady of Humility September. This anniversary celebrates the after year. Church in Rome, Goodill was assigned as a day these countries declared their independ- parochial vicar at St. Brigid Parish in Mead- A community’s dream to extend the edu- ence from Spanish colonial rule, and con- ville, PA. Rev. Monsignor Goodill entered mili- tinues to represent the shared heritage of all cational opportunities of local youth resulted in tary service in 1943. He served as a chaplain Hispanics in our hemisphere. the birth of Cerritos College. Established in in the U.S. Navy during World War II and This month-long commemoration allows us 1955, Cerritos College began with a humble again from 1952 to 1954 during the Korean to celebrate the diversity within the Hispanic 195 students, 10 teachers, and 15 subjects. Conflict, being named Naval Chaplain of the community in the United States. America’s cul- Today, the College enrolls more than 22,000 year in 1953. In 1954, Goodill was appointed tural diversity has always been one of our na- students and offers over 180 areas of study. as the founding pastor of Erie, Pennsylvania’s St. Luke Church, a position he held until his tion’s greatest strengths. Although Hispanics Cerritos College’s dedication to quality edu- share a common language, their history is retirement in 1985. In 1994, after five decades cation has made the College an asset to both rooted throughout the Americas and the Ibe- of loyal service to the church, Pope John Paul rian Peninsula. Hispanics represent a mixture career-oriented students as well as life-long II named him a prelate of Honor with the title of several ethnic backgrounds, including Euro- learners. From political science to business, of Monsignor. pean, American Indian, and African. culinary arts to computers, Cerritos College’s The dedication Reverend Monsignor contin- Throughout our history, Hispanic Americans programs are invaluable in providing the ually demonstrated for his church, community, have contributed to the greatness of America. knowledge and skills needed to succeed in to- and nation warrant this body’s recognition. As From the earliest settlers in the New World to day’s dynamic world. a community leader, spiritual counselor, and war veteran, Reverend Monsignor Goodill’s life the most recent arrivals seeking greater op- Cerritos College has embraced and utilized portunities and freedoms, Hispanics continue embodied the American ideals of service, technology in providing quality education and to add to America’s unique culture. commitment, and sacrifice. With his unfortu- According to the Census Bureau, in 2002, services to its students and faculty. The Col- nate passing, the people of my district, the there were 37.4 million Hispanics residing in lege boasts an open-access lab of 600 high- Commonwealth of Pennsylvania, and the na- the U.S., representing 13.3 percent of the total speed computers dedicated to student use, a tion have lost a truly exceptional and beloved population. More than 2.7 million Hispanics re- modern teleconferencing center, online man. side in my home State of Florida, and com- courses, and ‘‘wiring’’ of the entire campus. As f prise almost 17 percent of the population. As a result, Cerritos College has been dubbed RECOGNIZING PRINCIPAL CHERRY a relatively young and rapidly growing popu- ‘‘the most technologically advanced commu- FITCH lation, Hispanics are poised to make their nity college’’ in California for teaching and mark on our nation for generations to come. learning. Through their hard work, commitment to faith HON. JEFF MILLER OF FLORIDA and close-knit families, Hispanics have the po- Perhaps Cerritos College’s greatest asset is IN THE HOUSE OF REPRESENTATIVES tential to have a significant impact on society. its diversity. It is the fourth largest Latino serv- Furthermore, beyond this data, the reality is ing community college in the nation and is Thursday, October 20, 2005 that Hispanics are an integral part of Amer- home to more than 300 international students. Mr. MILLER of Florida. Mr. Speaker, it is a ica’s social fabric. More than one in eight peo- Cerritos College’s commitment to serving the great honor for me to rise today to recognize ple in the U.S. are of Hispanic origin. During community’s needs has empowered local stu- Cherry Fitch, Florida’s High School Principal of this month-long celebration, we recognize the dents and given them a chance to pursue their the Year. For over 30 years Mrs. Fitch has millions of Hispanic Americans who value a dreams and become engaged with the rest of served Gulf Breeze High School, improving strong commitment to family, hard work, and the world. students’ lives working as both a teacher and community. In various aspects of society, from an administrator. the world of sports, music, and literature and I proudly celebrate with Cerritos College its She began her career at Gulf Breeze High to the entrepreneurial sector, Hispanics con- fiftieth anniversary and look forward to working School in 1970 as an English teacher and 27 tinue to live and pursue the American dream. with the College and its students for many years of dedication later she became the prin- As legislators, we must continue to work for more years to come. cipal. She is an excellent principal, concerned

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23437 not only with the academic wellbeing of her and at Moffett Federal Airfield across the San EULOGY OF THE COMMON students but their social success as well. Al- Francisco Bay in Sunnyvale. SOLDIER though Mrs. Fitch left the classroom, she re- No less remarkably, Colonel Doty accom- mained deeply involved in her students’ lives. plished these achievements in a characteris- HON. RALPH REGULA There is no doubt that Cherry Fitch has tically affable, engaging, and sincere manner. OF OHIO positively influenced thousands of students His intelligence, tireless energy, and commit- IN THE HOUSE OF REPRESENTATIVES during her time at Gulf Breeze High School. Her love of community and school has been ment to success are enhanced by his personal Thursday, October 20, 2005 apparent throughout her career. It is fitting that integrity and genuine regard for those in his Mr. REGULA. Mr. Speaker, I would like to in her last year at Gulf Breeze High School command and in the larger community af- submit the following poem ‘‘Eulogy of the that Mrs. Fitch is recognized with this great fected by his leadership. Common Soldier’’ for inclusion in the CON- honor for all her dedication. Under her leader- Mr. Speaker, I wish much satisfaction and GRESSIONAL RECORD. The poem was written ship, Gulf Breeze High School has been the success to Colonel Doty in his well-earned, by U.S. Army First Lieutenant Aaron Seesan recipient of numerous accolades including exciting new assignment. He, his wife Char- when he was in his senior year at Washington being named an A+ school for the past 4 lotte, and their family have endeared them- High School in Massillon, Ohio. Aaron was years. selves to everyone who knows them in the Tri- killed in Iraq on May 22, 2005 while serving Mr. Speaker, on behalf of the United States Valley region. They will be remembered fondly his country. Congress, I would like to offer my sincere con- and sorely missed. All mortal beings, which God brought forth, gratulations to an educator who could serve die the same, man is not exempt. All will inevitably end as the dust from as a role model to us all. Over three decades f of service to education is something to truly be whence we came, it matters not of age. Do not mourn me if I should fall in a foreign admired, and I am thankful for her commit- UNDERAGE DRINKING ment to Gulf Breeze High School. land, think this of my passing. In a far off field a finer soil mixed with the f foreign sand, a dust that is American. PERSONAL EXPLANATION HON. XAVIER BECERRA A dust that laughed, cried, and loved as an American, on this plot there shall be. OF CALIFORNIA A little piece of America, a patch for the free HON. STEVE KING IN THE HOUSE OF REPRESENTATIVES man, which no oppressor can take. OF IOWA From this soil grows grass shimmering a lit- IN THE HOUSE OF REPRESENTATIVES Thursday, October 20, 2005 tle greener, brilliant emerald ramparts. A Breeze whisping White Poppies with a Thursday, October 20, 2005 Mr. BECERRA. Mr. Speaker, I rise today on scent a little sweeter, flowers towards Mr. KING of Iowa. Mr. Speaker, I was un- behalf of the Congressional Hispanic Caucus Heaven. avoidably absent due to illness during rollcall to highlight the issue of underage drinking. Mourn not my terrible death but celebrate votes 521 and 522. my cause in life, viewed noble or not. According to the National Institute on Drug I would have sacrificed and gave all that I Had I been present, I would have voted Abuse, the first use of alcohol typically begins had to give, not to make man good, but ‘‘yea’’ on 521 and 522. at age 12. Additionally, research tells us that only to let the good man live. f the majority of kids are accessing the alcohol f they drink from family and friends. According RECOGNIZING THE MILITARY AND MOURNING THE LOSS OF to Teenage Research Unlimited, 51 percent of COMMUNITY CONTRIBUTIONS OF ANTHONY A. LEON GUERRERO COLONEL JAMES DOTY AS COM- 13–15 year olds say they will be faced with MANDER OF FORT HUNTER making a decision regarding alcohol in the LIGGETT AND PARKS RESERVE next three months. HON. MADELEINE Z. BORDALLO OF GUAM FORCES TRAINING AREA The good news is that parents are the lead- IN THE HOUSE OF REPRESENTATIVES ing influence on kids’ decision not to drink al- Thursday, October 20, 2005 HON. ELLEN O. TAUSCHER cohol. It is critical that parents and other trust- OF CALIFORNIA ed adults initiate conversations with kids about Ms. BORDALLO. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES underage drinking well in advance of the first to express my deepest sympathies and condo- lences to the family of Mr. Anthony A. Leon Thursday, October 20, 2005 time they are faced with a decision regarding alcohol. Guerrero who passed away on October 10, Mrs. TAUSCHER. Mr. Speaker, I rise today 2005. He was born on Guam on June 19, to honor Colonel James Doty for exceptional Yesterday, the Congressional Hispanic Cau- 1952 Throughout his life, Mr. Leon Guerrero service to the military and to our community in cus teamed up with The Century Council and made numerous contributions to the island of forming the U.S. Army Combat Support Train- Nickelodeon to launch Pregunte, Escuche, Guam, most notably serving as the president, ing Center in northern California. Aprenda: ≠Los nin˜os y el alcohol no mezclan! the chief executive officer, CEO, and chairman Between June 2003 and October 2005, The program was developed in collaboration of the Bank of Guam. He attended the London Colonel Doty led an ambitious, successful ef- with LULAC, Aspira Association, the National School of Economics at the University of Lon- fort to create a free-standing installation that Latino Children’s Institute, National Hispanic don, majoring in Monetary Economics in 1976. supports training for both Active and Reserve Medical Association and MANA, among others He earned his masters of Business Adminis- Components. and is an adaptation of the English program, tration at Stanford University’s Sloan Program Colonel Doty unified four individual sites Ask, Listen, Learn: Kids and Alcohol Don’t in 1985. At the Bank of Guam, which was under one command in creating the Training Mix. founded by his father, the late Jesus S. Leon Center, a truly remarkable feat. At the Parks The program is designed to reduce under- Guerrero, Tony served with a professionalism Training Area, he managed a historic Army age drinking, particularly among children ages that sets a standard for senior executives on Real Property Exchange to permit replace- 9–13. The information is useful for parents, our island. Mr. Leon Guerrero served in var- ment of aging structures decades beyond their other trusted adults and kids and includes ious positions at the Bank of Guam, rising useful life with over $200 million worth of crit- from commercial loan officer in 1974 to chair- strategies to help facilitate conversations ical support facilities. He prepared Fort Hunter man of the board, president and CEO in 2002. about the dangers of underage drinking. Liggett for implementation of Defense Sec- Under his stewardship, the Bank of Guam and retary recommendations to make it the Train- I commend The Century Council and Nickel- its 14 branches strengthened its position as ing Support Headquarters for the 91st Divi- odeon for giving Latino parents and children the leading financial institution in the Western sion. Furthermore, he overcame significant ob- across the Nation such a valuable commu- Pacific region. He was a true visionary in stacles to preside over the development of nications tool to initiate those critically impor- Guam’s business community, launching online more than 300 housing units at the Parks site tant discussions regarding alcohol. banking services for the island. Through his

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23438 EXTENSIONS OF REMARKS October 20, 2005 leadership, the Bank of Guam became the first ON THE RETIREMENT OF MRS. TRIBUTE TO THE 75 YEARS OF local company to go public when its stock was CHRISTINE KENNEDY SERVICE THE DEPARTMENT OF offered for trading on the Pacific Exchange in VETERANS AFFAIRS HAS PRO- August of 2000. VIDED Mr. Leon Guerrero’s public service includes HON. DON YOUNG tenures as chairman of the Guam Economic HON. JIM GIBBONS Development Authority and the Guam Council OF ALASKA OF NEVADA on the Humanities. He served on various gov- IN THE HOUSE OF REPRESENTATIVES ernment boards and commissions including IN THE HOUSE OF REPRESENTATIVES the University of Guam Board of Regents, the Thursday, October 20, 2005 Thursday, October 20, 2005 Guam Political Status Commission, the Guam Mr. YOUNG of Alaska. Mr. Speaker, I rise Mr. GIBBONS. Mr. Speaker, it is an honor Waterworks Authority, the Hagatna Restora- to commemorate the 75 years of service the tion and Redevelopment Authority, the Pacific today to honor Christine Kennedy, the Admin- istrator and Chief Clerk of the House of Rep- Department of Veterans Affairs has provided Islands Development Bank Board of Gov- to the servicemen and women of this great ernors and the Micronesian Regional Tourism resentatives Committee on Transportation and Infrastructure. Mrs. Kennedy has served the Nation. Council. He served on civic boards and orga- May we never forget, and continue to honor, nizations including the Guam Chamber of House of Representatives with distinction since 1972. Unfortunately, Mrs. Kennedy will those who made a commitment to protecting Commerce, the Guam Bankers’ Association, the security of our Nation by joining the Armed the Catholic Education Council Board of Trust- be retiring at the end of this year and will be Forces. We owe our veterans a tremendous ees, the American Cancer Society, Goodwill starting a new and I am sure equally reward- debt of gratitude for this commitment, and Industries, the Agana Restoration and Rede- ing private life. I know that she is looking for- commend the VA for their pledge to ensure velopment Corporation, the Congressional His- ward to spending more time with her daughter, that they continue to receive support and as- panic Caucus Institute, Pacific Islanders in Lauren. sistance. Communication, the Young Presidents’ Orga- I have known Chris since I came to Con- nization and the Financial Services and Infor- The men and women of the VA are dedi- gress. Chris started her career with the Fed- cated each and every day to meeting the mation Technology Committee, Saipan. eral Government in 1972 as a clerk at NASA. Tony Leon Guerrero was truly a leader in needs of the millions of veterans who have She joined the staff of the Committee on Inte- defended our Nation’s freedom. the business community. Although he was an rior and Insular Affairs in 1974 becoming the innovator and consummate entrepreneur, the Nearly a quarter of a million veterans reside Administrator and Chief Clerk in 1995 of the in our great State; a number that continues to island spirit in him never changed. Despite his Committee on Resources which was the suc- many accomplishments, he was still just grow. The VA ensures that these men and cessor Committee to the Committee on Inte- women, who were dedicated to defending our ‘‘Tony’’ to those who knew him best. The re- rior and Insular Affairs. spect that people felt for him in his profes- Nation, receive the services they rightly de- sional life was equaled only by the love they When I moved from the Chairmanship of the serve. As a nation, we owe these great Ameri- felt for him in his personal life. He was dedi- Committee on Resources to the Chairmanship cans a debt of gratitude for their sacrifice for cated to the island in which he lived and of the Committee on Transportation and Infra- our Nation’s freedom and security. worked. The Bank of Guam is often referred to structure, I asked Chris to take the position of With an ever growing population of vet- as ‘‘The People’s Bank,’’ and Tony was a Administrator and Chief Clerk of the Com- erans, may we always be reminded of Abra- leader in the business community and a con- mittee on Transportation and Infrastructure. ham Lincoln’s philosophy and principles that science for social activism. He understood that Thank goodness, she agreed to do so. guide the Department of Veterans Affairs: ‘‘To with great talent comes great expectations, Chris is one of those people who often is care for him shall have borne the battle and and he exceeded the expectations of his fa- unheralded and unseen but who is essential to for his widow and his orphan.’’ ther and his business associates as the Bank the workings of this institution. She is one of I join in thanking the Department of Vet- of Guam grew and prospered under his watch. the most organized and efficient people I erans Affairs for their continued work and Tony was an advocate in the community for know. You know that if Chris is on the job, the service for 75 years to our Nation’s heroes. the revival of pride in the Chamorro culture job will get done and will be done well. She is May God bless Nevada, America, and our and the cultures of the indigenous peoples thorough and has a detailed knowledge of the veterans. throughout Micronesia. His bank invested in procedures and processes that keep the Com- f indigenous arts and crafts and the bank’s mittee operating. RECOGNIZING THREE FALLEN branches are themselves centers for the dis- SOLDIERS SERVING IN IRAQ play of Pacific cultures. As chairman of the In addition, she is loyal and generous to her board and CEO, Tony ensured that the Bank colleagues, her friends, and to myself and my of Guam lived up to its commitment to our is- wife, Lu. We have relied on her in so many HON. ELIJAH E. CUMMINGS land’s development and steered the bank ways over the years to insure that our work OF MARYLAND through the difficult years of an economic re- with Committee, including the many codels IN THE HOUSE OF REPRESENTATIVES and field hearings conducted by the Com- cession. The bank’s solid performance and Thursday, October 20, 2005 success is a testament to his business acu- mittee have been done in full accordance with men and his vision. The sense of loss in our the Rules. Mr. CUMMINGS. Mr. Speaker, I rise today island and throughout our Pacific region is a I want to express to her my deep apprecia- to pay tribute to three fallen American soldiers testament to a great humanitarian and com- tion for her hard work and for her support of who sacrificed their lives while serving our munity leader. my efforts as Chairman of two Committees. country. I am deeply saddened by this loss and Without her efforts, our Committees would not On October 14, 2005, while conducting con- know that the many people on Guam and have a record of accomplishment that is un- voy operations in the Al Taji area in Iraq, three throughout the Pacific are mourning as well. matched by any Committee. Maryland Army National Guardsmen, 20-year- My thoughts and prayers are with his mother old Specialist Samuel M. Boswell, 23-year-old I know that I speak for my wife, Lu and for Eugenia A. Leon Guerrero, his wife Mari Flor Specialist Bernard L. Ceo, and 36-year-old Herrero, and his three children, Maria Euge- the Members and Staff of the Committee and Sergeant Brian R. Connor, were tragically nia, Alexandra and Jesus. My condolences for the many friends that she has made as a killed when their Humvee was accidentally hit also go to his brother Jesse A. Leon Guerrero member of this Congressional family in wish- and caught fire. and his wife Deirdre, his sister Senator Lou ing her all the best and many years of happi- Assigned to the 243rd Engineer Company Leon Guerrero and her husband Jeff Cook, ness in her new life. based in my district of West Baltimore, these their families, and the entire Leon Guerrero She will be missed in so many ways, but we remarkable young men had only been sta- extended family. Although he will be missed expect that she will continue to be a member tioned in Iraq since mid-August. They were the by his family, friends and business associates of our Congressional family in the years to first Maryland National Guardsman to be killed throughout the Pacific, his legacy of service come. Best wishes to a good friend and an while serving their country overseas since will live on in our community. outstanding staff member. World War II.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 20, 2005 EXTENSIONS OF REMARKS 23439 Words cannot express the sense of loss felt We must find a way to bring our troops Information Agency, he was in recent years by the Maryland community when not one, but home on a timetable that is consistent with our senior scholar at Freedom House, a non- three of our own is taken from us in an in- nation’s commitments to the Iraqi people. partisan, pro-democracy think tank. stant. I offer my deepest condolences to the Mr. Kemble believed in a robust inter- By the end of this year, the Iraqis should nationalism in the tradition of former sen- Boswell, Ceo, and Connor families during their have their constitution and government in op- ator Henry M. ‘‘Scoop’’ Jackson (D–Wash.). difficult time. eration. He also had an affinity for organized labor, Although each of these brave soldiers took That is not the reason that we went to which was, in his words, ‘‘the balance wheel different paths to arrive in the Army, they all war—but, nevertheless, it would give some of democracy.’’ shared great intellect, vigor, and a true com- meaning to our soldiers’ sacrifice. During his career, he helped found or lead mitment to serve their country. These at- Equally important, the deaths that we mourn a number of advocacy groups, including the tributes coupled with their youth makes it even this week remind us that it is time for a clear Coalition for a Democratic Majority. A friend and former colleague, Joshua more difficult to accept each soldier’s fate. We and reasoned strategy to begin bringing our all must now face the burden of uncertainty— Muravchik, resident scholar at the American brave young people home. Enterprise Institute, noted that Mr. never knowing what the future would have Then, perhaps, all of the families who have Kemble’s political and intellectual journey held for them. sacrificed so much because of the war in Iraq traversed a path from democratic socialist Specialist Samuel Boswell of Elkridge, grad- can begin to heal the wounds that they have to social democrat. It was a journey similar uated from the technology magnet program at been forced to endure. in its rightward arc to that of many promi- River Hill High School in Clarksville, Md. in nent neoconservatives. Although he occa- f 2003. He was a computer whiz with aspira- sionally took such positions, Mr. Kemble tions of receiving his college degree. However, HONORING THE LIFE OF PENN stopped short of leaving the Democratic as the violence in Iraq escalated, Spc. Boswell KEMBLE Party and never considered himself a was compelled to volunteer his service and neoconservative. join the Army shortly after his high school He believed, for example, in building a HON. TOM LANTOS democratic Iraq but sharply criticized the graduation. On the day of his death, Spc. Bos- OF CALIFORNIA Bush administration’s approach on the coun- well was on his way to meet his brother Mi- IN THE HOUSE OF REPRESENTATIVES try. ‘‘The distinction between liberation and chael, who was a civilian contract worker democratization, which requires a strategy based in Baghdad. That reunion never took Thursday, October 20, 2005 and instruments, was an idea never under- place. Mr. LANTOS. Mr. Speaker, friends of free- stood by the administration,’’ he told the Specialist Bernard Ceo of Baltimore was New Republic last year. dom today are mourning the death of Penn Richard Penn Kemble was born in Worces- raised in a military family. His ambition was to Kemble, who was one of its most ardent, elo- become a teacher. In fact, before joining the ter, Mass., and grew up in Lancaster, Pa., quent, and effective defenders. Although he Army, he worked one-on-one with special where he was a small but feisty football died at the relatively young age of 64, after a needs students at the Kennedy Krieger High player in high school. His political activism year-long struggle with brain cancer, Penn began at the University of Colorado, where School Career and Technology Center in Balti- was an activist on behalf of social causes for he helped establish the Colorado chapter of more. One of his colleagues at the school said more than 40 years. Whether arguing on be- the Young People’s Socialist League. that Spc. Ceo was a thoughtful, introspective half of civil rights, supporting organized labor, After receiving a bachelor’s degree in 1962, young man who was an excellent employee, he moved to New York and took a job as a which he considered the ‘‘balance wheel of and would have made an outstanding teacher. copy boy at the New York Times. His jour- democracy,’’ or advocating on behalf of demo- Spc. Ceo joined the Army to help pay for col- nalism career ended shortly afterward, when cratic movements around the world, Penn lege and alleviate financial strain on his family. the typesetters went out on strike and he re- Along with his professional goals, Spc. Ceo brought an unparalleled passion combined fused to cross the picket line. was also making plans to marry his longtime with a hardheaded realism to every cause he He stayed in New York and immersed him- adopted. self in socialist politics, seeking to resurrect girlfriend, Dajae Overton. The two had been the youth section of the Socialist Party, fa- together for years, and Spc. Ceo even took on Penn through his close affiliation with Sen- ators Henry Jackson and Daniel Patrick Moy- mously led earlier in the century by Eugene the responsibility of caring for her two children V. Debs and Norman Thomas. as if they were his own. This selfless act dem- nihan, worked to move the Democratic Party Muravchik, who also was part of the move- onstrated that Spc. Ceo was a man of integrity in the direction of strong and ‘‘muscular’’ inter- ment, recalled that Mr. Kemble stood out as and honor. nationalism in its foreign policy. As Deputy Di- a ‘‘good-looking, neatly dressed WASP’’ in Sergeant Brian Conner of Gwynn Oak was rector—and later Acting Director—of the what was otherwise ‘‘a scruffy-looking a single father of three daughters. Before join- United States Information Agency under Presi- crowd’’ made up primarily of young Jewish ing the Army, he worked as a fireman for the dent Clinton, he played a strong role in the intellectuals. He was one of the few whites among the Baltimore City Fire Department for 12 years. creation of an international network on civic education and in the establishment of the leadership of the East River chapter of the His sense of humor and clever banter were Congress of Racial Equality, once staging a admired by all who knew him. His older broth- Community of Democracies. Even as the end sit-in that blocked the eastbound lanes of er, Paul said he was good at everything he did of his life drew near, he was busy working to the Triborough Bridge during rush hour. The and that joining the Army was Sergeant develop a transatlantic democracy network, aim was to force commuters to ponder the Conner’s mission. collaborating with colleagues at the National plight of Harlem residents before arriving These tragic deaths and these mourning Endowment for Democracy and Freedom back at their comfortable homes in the sub- families are a personal reality that we, as a House, where he served as a senior scholar urbs. people, must have the humanity to confront. after leaving government service. In 1967, he founded Negotiation Now!, Mr. Speaker, I ask unanimous consent to which demanded an end to the bombing of These deaths remind us that sacrifice is never North Vietnam and a negotiated end to the truly ‘‘shared.’’ place in the RECORD a Washington Post obit- war. There is nothing that any of us can say that uary that chronicles the life of this remarkable In the early 1970s, Mr. Kemble moved to will return these brave young men to their American. Let me take this opportunity to ex- the District and plunged into Democratic families. press my condolences to Penn’s wife Mal and Party politics. After the party’s 1972 presi- We can only reach out to them—and to all the other members of his family. dential debacle, he helped found the Coali- who have lost loved ones in Iraq. [From the Washington Post, Oct. 19, 2005] tion for a Democratic Majority. Associated primarily with Sens. Jackson and Hubert H. We can only stand with these neighbors in POLITICAL ACTIVIST PENN KEMBLE DIES AT 64 their darkest hours—and offer whatever com- Humphrey (D–Minn.), the group sought to (By Joe Holley) fort and support that we can. move the party back toward the center and As the families and loved ones of Samuel Penn Kemble, 64, a political activist who refocus its reliance on a traditional blue-col- considered himself a ‘‘muscular Democrat’’ lar base. Boswell, Bernard Ceo and Brian Conner at- and who kept himself in intellectual fighting Mr. Kemble served as executive director of tempt to endure losses and suffering that no trim by engaging in policy tilts with adver- the group from 1972 to 1976, when he joined family should have to confront, we must all re- saries on both the left and the right, died the New York senatorial campaign of Daniel commit ourselves to finding a way out of this Oct. 16 of brain cancer at his home in Wash- Patrick Moynihan. He was Moynihan’s spe- conflict in Iraq. ington. A former acting director of the U.S. cial assistant and speechwriter until 1979.

VerDate Sep 11 2014 10:38 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR20OC05.DAT BR20OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23440 EXTENSIONS OF REMARKS October 20, 2005 During the Reagan administration, he Both countries should abide by the decision. HONORING THE SENIOR COM- founded a group called PRODEMCA, or the I believe our new Assistant Secretary of State PANION PROGRAM OF MONT- Committee for Democracy in Central Amer- for African Affairs, Dr. Jendayi Frazer, can as- GOMERY COUNTY, PENNSYL- ica. He caused consternation among many fellow Democrats by advocating support for sist Ethiopia and Eritrea in working together VANIA the anti-communist contra rebels in Nica- toward implementing the EEBC decision. ragua. He sought a democratic middle way The time to address this issue is now, and between communist Sandinistas and former not after hostilities begin again. The EEBC de- HON. JIM GERLACH supporters of rightist dictator Anastasio cision needs to be fully implemented without OF PENNSYLVANIA Somoza. any precondition. Eritrea is ready to implement He worked in the Clinton presidential cam- IN THE HOUSE OF REPRESENTATIVES paign in 1992 and was appointed deputy direc- it, and Ethiopia must be urged to do so. tor of the USIA in 1993. He became USIA’s As a Member of the Armed Services Com- Thursday, October 20, 2005 acting director in 1999. mittee and the International Relations Com- In recent years, Mr. Kemble sought to mittee, I see this issue as the kind of chal- Mr. GERLACH. Mr. Speaker, I rise today to maintain a network of American social lenge that America can no longer afford to ig- honor the Senior Companion Program, SCP, democrats. From his sickbed, he conceived and helped organize a conference dedicated nore. The Horn of Africa is a strategic location of Montgomery County, Pennsylvania. to the thought of philosopher Sydney Hook, with strong implications to our success in the The SCP of Montgomery County, Pennsyl- an intellectual model for Mr. Kemble of the Global War on Terrorism. Another border war vania provides an innovative service for senior politically engaged social democrat. The in the Horn of Africa would undermine the citizens in need of additional home care, but event took place October, 1. hope for peace in Sudan and weaken Amer- who are not yet ready to enter a nursing His marriage to Charlotte Rowe ended in ican influence with other border disputes in Af- divorce. home. The Montgomery County SCP is the Survivors include his wife of 22 years, rica. sixth of its kind in Pennsylvania and the 250th Marie-Louise ‘‘Mal’’ Caravatti of Wash- American leadership should not pressure SCP in the United States. ington; two sisters, Sara Kemble of Columbia both sides to renegotiate the final and binding and Eugenia Kemble of Washington; and a decision. Eritrea is unwilling to renegotiate the The SCP of Montgomery County has been brother, Grover Kemble of Morristown, N.J. EEBC findings, while Ethiopia is calling for in existence since September 2003. Since that Mr. Kemble was in many ways still a so- ‘‘dialogue.’’ The EEBC articulated the demar- time, the SCP of Montgomery County has cialist, his wife said. ‘‘He believed in the pub- worked diligently to help senior citizens remain lic sector as a civilizing force,’’ she added. cation process and directives needed to deter- mine the exact locations on the ground for independent at home as long as possible by ‘‘He believed in a role for government.’’ having their volunteers, or ‘‘Companions,’’ f border markers. Eritrea supports full imple- mentation of the EEBC decision and demarca- make visits to the seniors’ homes and provide REDUCING THE POTENTIAL FOR tion directives and is therefore ready to work care and companionship. CONFLICT IN THE HORN OF AF- out these technical issues of exact placement The Companions of the SCP are usually RICA of border markers as stipulated in the EEBC low-income senior citizens, committing 20 to decision. Ethiopia’s calls for more dialogue are 40 hours a week to help other seniors who are HON. JOE WILSON superfluous. The claim that the EEBC used a frail and in need of additional help. The Com- OF SOUTH CAROLINA map that was too great a scale to permit clar- panions receive a small, tax-free stipend for IN THE HOUSE OF REPRESENTATIVES ity of intent is unfounded. their time spent volunteering. During the visits, Thursday, October 20, 2005 Eritrea is a society almost evenly divided the Companions engage in all sorts of daily between Muslims and Christians. Eritrea has activities from helping seniors with cor- Mr. WILSON of South Carolina. Mr. Speak- respondence, monitoring medications, playing er, five years ago a border war between Eri- long been a target of al Qaeda and renewed fighting in the Horn would produce opportuni- games, exercising, helping with errands and trea and Ethiopia that killed approximately appointments, and sharing meals. These ac- 100,000 people seemed to have ended. Hope ties for it to further undermine America’s inter- tivities help seniors continue to lead a regular, for peace emerged as both countries agreed ests. active life. The Companions of SCP can also to resolve their dispute through international Many of the fundamental political decisions provide much-needed relief for the caregiver in arbitration. After two years of debate and dis- made by the United States on resolving the the seniors’ home. cussion, the Ethiopia-Eritrea Border Commis- border matter were a product of the previous sion, EEBC, issued its final and binding deci- Administration. It is time for our diplomats who Mr. Speaker, I ask that my colleagues join sion in 2002 to resolve the long-standing bor- agree with President Bush when he says that me in honoring the Senior Companion Pro- der dispute. the spread of democracy, respecting the rule gram of Montgomery County. The SCP Com- Ethiopia did not agree with the EEBC’s deci- of law and freedom are key to future security, panions play a significant role in the Mont- sion, which was meant to be final and binding to focus on this issue. gomery County community by giving back to on both countries. For the past three years Mr. Speaker, I respectfully urge the Admin- its citizens in very important ways. They have since arbitration ended, Ethiopia has refused istration to convince the Ethiopian government worked to improve the overall quality of life for to implement the EEBC decision, and the bor- to abide by the EEBC’s final decision on the over 200 senior citizens by giving them the der between the two countries has not been border to be mutually beneficial for Eritrea and extra help they need in order to remain self- demarcated. Ethiopia. sufficient in their homes.

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